SPECIAL CROPS

CHAPTER 65:01
SPECIAL CROPS

ARRANGEMENT OF SECTIONS

   SECTION

   1.   Short title

   2.   Interpretation

   3.   Special Crops

   4.   Authority for special crops

   5.   Powers of Authority

   6.   Licences

27 of 1963
1 of 1969
9 of 1972

An Act to make provision for the development and marketing of special crops and for the establishment of Special Crop Authorities

[7TH SEPTEMBER 1963]

1.   Short title

    This Act may be cited as the Special Crops Act.

2.   Interpretation

   In this Act, unless the context otherwise requires—

   “Authority” means an Authority established by the Minister under section 4;

   “special crop” means a crop declared by the Minister to be a special crop under section 3.

3.   Special crops

   When the Minister is satisfied that the development of any crop should be promoted or fostered under this Act, he may declare that crop to be a special crop.

4.   Authority for special crops

   (1) Whenever a crop is declared to be a special crop under section 3, the Minister shall, by order published in the Gazette, establish an Authority for promoting and fostering the development of a special crop in such areas as the Minister shall determine:

   Provided that nothing in this section shall prevent the Minister from making an Authority responsible for the development of more than one special crop in one or more areas.

   (2) An Authority established under subsection (1) shall, by the name by which it is established by the Minister, be a body corporate having perpetual succession, a common seal and power to hold land, and may in its corporate name sue and be sued, and, for and in connexion with the purposes of this Act, shall be capable of purchasing, selling, leasing or otherwise acquiring or disposing of, holding or managing both movable and immovable property, entering into such contracts as may be necessary or expedient, and performing all such acts as bodies corporate may perform, subject both to this Act and to any other law in force in Malawi.

5.   Powers of Authority

   (1) An order under section 4 establishing an Authority may, in relation to the Authority and the special crop, make provision for all or any of the following matters—

   (a)   the authentication of the seal, the signification of the decisions and the execution of documents of the Authority;

   (b)   the appointment of a Chairman of the Authority and its members and the regulation of meetings and procedure and voting thereat;

   (c)   the terms of office of the Chairman and members;

   (d)   the remuneration of and allowances to be paid to the Chairman and members;

   (e)   the appointment of committees and the delegation of powers to such committees or to officers of the Authority;

   (f)   the appointment and remuneration of officers;

   (g)   the functions of the Authority, which may include—

      (i)   the establishment and management of nurseries;

      (ii)   the purchase and sale of seed and seedlings;

      (iii)   the control and supervision of cultivation of crops;

      (iv)   the inspection of growing and harvested crops;

      (v)   the purchase, transportation and storage of crops;

   (h)   the powers of the Authority, which may include power—

      (i)   to employ and remunerate agents and employees;

      (ii)   subject to the provisions of any law generally regulating the borrowing powers of the Government and statutory corporations constituted under any law of Malawi, to raise loans whether by bank overdraft or otherwise;

      (iii)   with the approval of the Minister, to impose levies on growers for financing its operations and to provide for the manner in which and the persons by whom any such levies shall be collected;

      (iv)   to create and operate price stabilization funds in respect of the special crops for which it is responsible;

      (v)   to make loans for the purpose of the development of special crops;

      (vi)   to engage in the marketing of special crops;

      (vii)   to regulate and control the marketing of special crops;

      (viii)   to establish or acquire, and to operate, factories for the processing of special crops and to enter into agreements with other persons operating factories for them to purchase or process special crops;

      (ix)   to invest moneys not immediately required for use;

      (x)   with the approval of the Minister, to do such other things as in the opinion of the Authority will assist in the development of the special crops in the area for which the Authority was established;

      (xi)   to do any other thing which is incidental or conducive to the exercise of its powers under this Act;

   (i)   the manner of utilization of profits;

   (j)   the manner in which accounts shall be kept, audited and produced by the Authority;

   (k)   the imposition of a penalty, which shall not exceed a fine of K100 or imprisonment for a term of three months or both such fine and imprisonment for the contravention of any of the provisions of the order.

   (2) An order under section 4 may make different provisions with respect to different special crops or in relation to different parts of the area for which the Authority was established.

   (3) An order under section 4 shall not be made so as to conflict with the provisions of any other Act relating to agricultural crops.

   (4) Any Authority established under the provisions of section 4 shall act in accordance with any general or special directions given by the Minister and not otherwise.

   (5) The Minister may, by order published in the Gazette, amend or revoke an order, and any order of revocation may provide for the winding up of the affairs of an Authority and for distributing, transferring or otherwise disposing of the property and liabilities of the Authority, and for all such matters as appear to the Minister to be connected with or incidental to the dissolution of the Authority.

6.   Licences

   (1) When a crop has been declared to be a special crop, and an Authority in respect of that special crop has been established in any area, no person shall grow, sell, barter or buy that special crop in such area unless he is the holder of a valid licence authorizing him so to do.

   (2) The Minister may, by Regulation, prescribe—

   (a)   the form and manner in which and the person to whom an application for a licence shall be made;

   (b)   the form and manner in which and the person by whom a licence shall be issued;

   (c)   the conditions that attach to any licence;

   (d)   the manner in which records or registers of all applications for licences and licences shall be kept;

   (e)   the fee that shall be paid on the issue of a licence;

   (f)   the person who and the circumstances in which that person may enter any land, building, vehicle, aircraft or vessel to ascertain whether the terms and conditions of any licence are being complied with;

   (g)   the penalty for failure to comply with the provisions of any regulations.

   (3) The Minister may, in his discretion, and without assigning any reasons therefor, refuse to issue a licence to any person, or revoke or suspend any licence that has been issued. Any decision of the Minister to refuse, revoke or suspend any licence shall be final and shall not be questioned in any court.

   (4) Any person who fails to comply with subsection (1) shall be liable to a fine of K2,000 and to imprisonment for three years, and in the case of a continuing offence to a further fine of K20 and to further imprisonment for one week for each day during which the offence continues.

   (5) In addition to any fine or imprisonment or both which may be imposed by a court under the last preceding subsection, the court may order the special crop in respect of which the offence was committed to be forfeited.

   (6) The provision of section 6 (1) shall not apply to persons growing tobacco as tenants registered under the Tobacco Act.

SUBSIDIARY LEGISLATION

SPECIAL CROPS DECLARATIONS

under s. 3

G.N. 212/1963
225/1965
138/1967
34/1970
176/1970
168/1971
124/1973
11/1979
12/1979
31/1980
1/1996

   The Minister has declared the crops listed in the Schedule hereto to be special crops for the purposes of the Act.

SCHEDULE

   Cashew

   Coffee

   Cotton

   Groundnuts

   Macadamia

   Tea

   Tobacco (nicotiana tabacum)

   Tung

   Flue-cured Tobacco

KASUNGU FLUE-CURED TOBACCO AUTHORITY ORDER

under s. 4

   [Revoked by G.N. 3/2003]

KASUNGU FLUE-CURED TOBACCO AUTHORITY LICENSING REGULATIONS

under s. 6

G.N. 123/1978

1.   Citation and application

   These Regulations may be cited as the Special Crops Kasungu Flue-Cured Tobacco Authority Licensing Regulations and shall apply within every Flue-Cured Tobacco Development Area, in relation to every holding within such Area.

2.   Interpretation

   In these Regulations, unless the context otherwise requires—

   “Authority” means the Kasungu Flue-Cured Tobacco Authority established under the Kasungu Flue-Cured Tobacco Authority Order, hereinafter referred to as the “Order”;

   “Flue-Cured Tobacco Development Area” means any area of land described in the Schedule to the Order;

   “grower” means the holder of a grower’s licence issued pursuant to subregulation (1) of regulation 4;

   “holder” means any person to whom a holding has been allotted by the Authority;

   “holding” means any subdivision of any Flue-Cured Tobacco Development Area allotted to any person by the Authority and used or intended to be used by such person for the primary purpose of growing flue-cured tobacco;

   “licence” means a grower’s licence issued pursuant to subregulation (1) of regulation 4.

3.   Non-application of Cap. 65:01 sub. leg. p. 31

   The provisions of the Special Crops (Licensing) Regulations shall not apply in relation to the growing, buying, bartering or selling of flue-cured tobacco by any holder within any Flue-Cured Tobacco Development Area.

4.   Grower’s licence

   (1) The Authority may, on application by any holder, issue to such holder a grower’s licence in respect of his holding.

   (2) Every application for a grower’s licence shall be in Form I set out in the Schedule.

   (3) Every grower’s licence shall be in Form II set out in the Schedule.

5.   Conditions of licence

   It shall be a condition of every licence that the grower shall—

   (a)   purchase from the Authority all seeds, fertilizer and stores required from time to time for the growing of flue-cured tobacco on his holding;

   (b)   during the duration of his licence, except with the consent of the Authority, not sell or otherwise dispose of any draught animal, of any equipment or other goods or materials purchased by him from, or supplied to him by, the Authority under these Regulations;

   (c)   employ such number of labourers on his holding upon such terms and conditions of service as the Authority may from time to time require and approve;

   (d)   market solely through the agency of the Authority any flue-cured tobacco grown on his holding;

   (e)   authorize the Authority to retain all proceeds of sale of such flue-cured tobacco until all such crop is sold and to deduct from such proceeds any amount outstanding and due by him to the Authority pursuant to these Regulations;

   (f)   conform to such accounting methods and procedure as may from time to time be laid down by the Authority;

   (g)   accumulate, on deposit with the Authority and in such amounts as the Authority may from time to time deem necessary, a sum of money sufficient to—

      (i)   provide for periodic contributions towards the fixed and working capital of the Authority, such contributions to be determined from time to time by the Authority in accordance with a rate to be made applicable in common to all growers in any one scheme specified by the Authority;

      (ii)   provide for the purchase by him, at such price as the Authority may determine, of such draught animals, equipment or other goods as are supplied to him from time to time by the Authority for exclusive use on his holding; and

   (h)   do or perform, or refrain from doing or performing, all such acts or things as the Authority may, in lawful exercise of any power conferred upon it by the Order, require of him to do or perform or to refrain from doing or performing.

6.   Food crops

   Any grower may, with the consent of the Authority and subject to such conditions as the Authority may impose, use such portion of his holding as shall be agreed with the Authority for the purpose of growing such food crops as may be necessary for his subsistence and for that of his immediate family living with him.

7.   Duration and termination of licence

   (1) Subject to subregulations (2) and (3), every licence shall remain in force for the period specified therein and may be renewed from time to time.

   (2) If the Authority is satisfied that the licensee under any licence—

   (a)   is unable to pay his debts to the Authority when due and payable or to pay, when due and payable, any other moneys that he may be lawfully required to pay to the Authority under these Regulations or otherwise;

   (b)   fails to look after his flue-cured tobacco crop or has, for any reason, become incapable of looking after such crop;

   (c)   is in breach of any provision of these Regulations or conditions of such licence,

the authority may, by giving to the licensee thirty days written notice thereof, terminate the licence issued to such licensee.

   (3) Any licensee may terminate his licence by giving the Authority not less than six months written notice of termination of such licence with effect from the 31st day of July next following the expiry of such notice.

8.   Consequences upon termination of a licence

   (1) Upon notice of termination of any licence being issued or received by the Authority—

   (a)   the Authority, unless the Minister otherwise directs, may seize and sell the licensee’s flue-cured tobacco crop for the purpose of realizing such sums of money as may be outstanding or owing by the licensee to the Authority under these Regulations;

   (b)   the licensee shall, if so required by the Authority, refund to the Authority such sum of money as the Authority may require in respect of costs incurred by the Authority in training him as a tobacco farmer, but so, however, that no licensee shall be required to make such refund if his licence was terminated by mutual agreement of the Authority and the licensee or on grounds of the licensee’s ill health or mental or physical disability.

   (2) Whenever the Authority has exercised the power of sale given to it by paragraph (a) of subregulation (1), the Authority shall, upon termination of the licence, pay to the licensee at such time or times as the Authority may determine—

   (a)   such balance as may be standing to the credit of the licensee in any account with the Authority;

   (b)   an amount equivalent to the value, as assessed by the Authority, of all permanent fixtures attached to the holding by such licensee with the consent of the Authority.

9.   Licensee’s right of appeal

   (1) If any licensee is aggrieved by any decision of the Authority or by any act done by the Authority in exercise of its powers pursuant to these Regulations he may, within fourteen days after receipt by him of notice in writing of such decision or of the doing of such act, or within such longer period as the Minister may allow, appeal to the Minister by notice in writing stating the subject matter and grounds of such appeal.

   (2) Upon receipt of any notice of appeal pursuant to subregulation (1), the Minister shall consider the appeal and may allow or dismiss it or make such other ruling thereon as he considers appropriate.

   (3) For the purposes of the consideration of any such appeal the Minister may call upon the licensee or the Authority to adduce such further or other evidence on the matter, as he considers necessary to enable him to determine the appeal.

10.   Duplicate licences

   (1) Where the Authority is satisfied that any licence has been lost, stolen, defaced or destroyed it may cancel such licence and issue to the licensee thereunder a duplicate licence in its stead.

   (2) Every duplicate licence issued pursuant to subregulation (1) shall bear the words “Duplicate Licence” conspicuously printed or written thereon and shall be so issued on payment of a fee of one Kwacha.

11.   Register

   The Authority shall keep a register of all applications received under these Regulations and shall retain a true copy of each licence and duplicate licence issued and such register and copy licences shall be kept at the principal office of the Authority in Malawi and may be inspected—

   (a)   by any public officer acting in the course of his official duties;

   (b)   by any licensee, solely in respect of his licence; and

   (c)   by any applicant, solely in respect of his application.

12.   Right of entry

   For the purposes of ascertaining that these Regulations are being complied with, any person duly authorized in writing in that behalf by the Minister or by the Authority may enter upon any land, building, vehicle, aircraft or vessel within any Flue-Cured Tobacco Development Area where any flue-cured tobacco is, or is reasonably believed to be, grown, purchased, sold, stored or transported.

13.   Licences to be available for inspection

   Every licence shall, on the demand of any person duly authorized in that behalf by the Minister or by the Authority, be produced by the holder thereof for inspection by such authorized person for any of the purposes of these Regulations.

14.   Offences

   (1) Any person who—

   (a)   in any application made under these Regulations, knowingly or recklessly, makes any statement which is false or misleading in any material fact;

   (b)   not being duly authorized in that behalf, alters any licence or any particular shown thereon;

   (c)   wrongfully purports to lend, transfer or assign any licence issued to him or to any other person; or

   (d)   without reasonable cause or excuse, fails or refuses to comply with any demand lawfully made upon him pursuant to regulation 13,

shall be guilty of an offence.

   (2) Any person who is guilty of an offence under subregulation (1) shall—

   (a)   in the case of a first offence, be liable to a fine of forty Kwacha or to imprisonment for a term of one month; and

   (b)   in the case of any second or subsequent offence, be liable to a fine of one hundred Kwacha or to imprisonment for a term of three months.

SCHEDULE

FORM I

FORM OF APPLICATION FOR A GROWER’S LICENCE

SPECIAL CROPS ACT

SPECIAL CROPS (KASUNGU FLUE-CURED TOBACCO AUTHORITY) LICENSING REGULATIONS

APPLICATION FOR A GROWER’S LICENCE

   NOTE: This application may be made only by persons who have been licensed to occupy a holding in a Flue-Cured Tobacco Development Area, and must be submitted, in duplicate, to the Chairman, Kasungu Flue-Cured Tobacco Authority, Private Bag 12, Lilongwe.

   I (name in full): ..................................................................................................

   ..............................................................................................................

   of (postal address): ..............................................................................................

   ................................................................................................ and (home village
address, if any): ...................................................................................................
   ..............................................................................................................
Village: ....................... Chief .................................. District ....................... having been licensed to occupy Holding No. ....................... situate at .............................................. Scheme in the .............................................. Flue-Cured Tobacco Development Area, hereby apply for a grower’s licence in respect of the flue-cured tobacco season 20 ......./ 20 ....... under which licence I intend to grow .....................
hectares of flue-cured tobacco.

   I hereby confirm that I am not the holder of any other licence to grow tobacco of any kind for the tobacco growing season
20 ......./ 20 ....... and I further undertake not to apply for any such licence.

   Date ..................................... .....................................

Signature of applicant or his duly
authorized agent

FORM II

SPECIAL CROPS ACT

CAP. 65:01

SPECIAL CROPS (KASUNGU FLUE-CURED TOBACCO AUTHORITY) LICENSING REGULATIONS

GROWER’S LICENCE

   Licence Number: ................................................................................................

    Name of grower (in full): ..........................................................................................

   Address of grower—

   (a)   Postal address: ............................................................................................

      .........................................................................................................

      .........................................................................................................

   (b)   Home village address:

      Village: ...................................................................................................

      Chief: ....................................................................................................

      District: ...................................................................................................

   Holding No.: .............................................. or Farm ...............................................

   Block No.: ................................................ Management Section ...................................

   Scheme: ......................................................................................................

    The said (name of grower) ........................................................................................

   having been licensed to occupy Holding No. ......................................................................in the
   (name of area) ................................................................................. Flue-Cured Tobacco

   Area, is hereby licensed to grow approximately ........................... hectares of flue-cured tobacco on such holding during the growing season ending on 31st July, 20 ........ subject to the provisions of the Special Crops (Kasungu Flue-Cured Tobacco Authority) Licensing Regulations. Issued by the Authority this ....................... day of ........................, 20 ......

Signed: ............................

for and on behalf of the Authority

RENEWALS

   Renewed for a further flue-cured tobacco growing season—

   (1) 20 ........ / 20 ......... Signed .......................................................

for and on behalf of the Authority

Date: .......................................................

   (2) 20 ........ / 20 ......... Signed .......................................................

for and on behalf of the Authority

Date: .......................................................

   (3) 20 ........ / 20 ......... Signed .......................................................

for and on behalf of the Authority

Date: .......................................................

SMALLHOLDER TEA AUTHORITY ORDER

under s. 4

G.N. 26/1967
129/1968
56/1969
267/1969
268/1970
63/1971
88/1971
117/1985

1.   Citation

   This Order may be cited as the Smallholder Tea Authority Order.

2.   Interpretation

   In this Order, unless the context otherwise requires—

   “Authority” means the Smallholder Tea Authority established under this Order;

   “green leaf” means leaf detached from tea plants but not artificially dried or processed in any way;

   “grower” means any person who has planted or is cultivating tea or who intends to plant and cultivate tea as a smallholder;

   “licensed grower” means a grower licensed under any rules for the time being in force pertaining to the growing of tea by smallholders;

   “nursery” means any place where planting material is prepared and cultivated;

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