TOBACCO

CHAPTER 65:02
TOBACCO

ARRANGEMENT OF SECTIONS

   SECTION

PART I
PRELIMINARY

   1.   Short title

   2.   Interpretation

PART II
THE UPROOTING OF TOBACCO, TOBACCO SEED

   3.   Tobacco plants to be uprooted at direction of Minister

   4.   Persons responsible for uprooting

   5.   Tobacco seed

PART III
TOBACCO REGISTRATION

   6.   Registration of tobacco growers

   7.   Selling prohibited without registration certificate

   8.   Endorsement of registration certificate

   9.   Registration certificate not transferable

PART IV
MARKETING

   10.   Purchase of tobacco forbidden except by certain persons

   11.   Minister may define tobacco classes and may fix prices

   12.   Restriction on sale of certain tobacco

PART V
CESS

   13.   Meaning of tobacco

   14.   Imposition of cess

   15.   Tobacco not to be manufactured or exported unless cess paid

   16.   Proceeds of cess to be used for benefit of tobacco industry

PART VI
TOBACCO BUYING LICENCES

   17.   Designation of licensing authorities

   18.   Application for licence

   19.   Exclusive tobacco growing licence

   20.   Procedure for licensing authority

   21.   Grounds for refusal of licence

   22.   Revocation or suspension of licences

   23.   Appeal

   24.   Register

   25.   Condition of licence

PART VII
MISCELLANEOUS

   26.   Evidence

   27.   Power of entry

   28.   Display of licence, etc. and price list

   29.   False statements

   30.   Hindrance of person performing duty

   31.   Failure to produce document

   32.   Order prohibiting sale, etc., where licence, etc., believed violated

   33.   Hours during which tobacco may be bought

   34.   Compliance with conditions of licence, etc.

   35.   Penalties

   36.   Regulations

   37.   Special Crops Act to prevail in case of conflict

18 of 1970
5 of 1971
16 of 1971
8 of 1972
5 of 1975
9 of 1986

An Act to amend and to consolidate the law relating to the production, manufacture and marketing of tobacco and matters incidental thereto

[24TH AUGUST 1970]

PART I
PRELIMINARY

1.   Short title

    This Act may be cited as the Tobacco Act.

2.   Interpretation

   In this Act, unless the context otherwise requires—

    “Corporation” means the body corporate established by section 3 of the Agricultural Development and Marketing Corporation Act;

   “domestic tobacco grower” means a person who grows tobacco within the scheduled areas for his own use or consumption by himself or his family;

   “economic crop” means a crop grown for the purpose of commerce and not for use or consumption by the grower or his family;

   “manufactured tobacco” means tobacco made into cigarettes, snuff, pipe mixture, roll, twist, cigars, cigarillos, cake, plug or stick;

   “owner” includes the agent, manager, overseer or other person in charge of any land;

   “scheduled area” means an area declared as such by the Minister by notice in the Gazette;

   “sell” with its grammatical variations and cognate expressions, includes “barter”;

   “tenant” means any person who is cultivating tobacco on his own behalf on private or public land to which he himself has no title;

   “tobacco” means unmanufactured tobacco, whether cured or uncured, but does not include “nicotiana rustica”;

   “tobacco grower” means a person who, within the scheduled areas, grows tobacco as an economic crop, on his own behalf, by his own labour or by the labour of his servant.

PART II
THE UPROOTING OF TOBACCO, TOBACCO SEED

3.   Tobacco plants to be uprooted at direction of Minister

   (1) The Minister may, by notice published in the Gazette, fix dates prior to which all tobacco of the preceding planting shall be uprooted.

   (2) Such dates may vary in respect of—

   (a)   tobacco grown in different parts of Malawi;

   (b)   tobacco grown in nurseries, fields or gardens, or for seed;

   (c)   tobacco of different types.

   (3) Any person who fails to uproot tobacco plants prior to any date applicable to such plants which may have been fixed by the Minister under subsection (1) shall be guilty of an offence.

4.   Persons responsible for uprooting

   The persons responsible for uprooting tobacco plants under section 3 shall be—

   (a)   in the case of tobacco planted by a tenant, the tenant;

   (b)   in the case of tobacco planted on land which is leased or subleased, the lessee or sublessee;

   (c)   in the case of tobacco planted on land which is not leased or subleased, the owner of such land;

   (d)   in any other case, the person who planted the tobacco or caused it to be planted, or both such persons.

5.   Tobacco seed

   (1) No person shall use, sell, import into Malawi or issue to any person any seed to be used for growing tobacco unless the seed has been approved by the Minister or by an officer of the Ministry authorized by the Minister in that behalf.

   (2) No person shall grow tobacco for seed production except with the permission in writing of the Minister or of an officer of the Ministry authorized by the Minister in that behalf.

    (3) No person other than an officer of the Ministry shall issue seed to any tobacco grower or domestic tobacco grower, and no such grower shall grow tobacco except from seed issued to him by an officer of the Ministry.

   (4) Any person who contravenes or fails to comply with any of the provisions of this section shall be guilty of an offence and, in addition to any other penalty, the court shall order that any tobacco—

   (a)   grown from seed which has not been approved under subsection (1);

   (b)   grown for seed production or grown from seed produced contrary to subsection (2); or

   (c)   grown from seed issued otherwise than in conformity with subsection (3),

shall be destroyed, with such time as the court shall direct, by the owner of such tobacco or by his agent, or, in default of his so doing, by such other person as the court shall appoint, or shall order that such tobacco be forfeited.

PART III
TOBACCO REGISTRATION

6.   Registration of tobacco growers

   (1) No person shall grow tobacco within the scheduled areas unless he is registered in accordance with this Act.

   (2) Application for registration shall be made at such time, to such persons, in such places and in such manner as may be prescribed and may be refused for such reasons as may be prescribed.

   (3) Any person who is aggrieved by the refusal of his application for registration may appeal to such person and in such manner as may be prescribed and any regulations made under this Act may provide for a further appeal and that such further appeal may be final.

   (4) Registers for the purposes of this section shall be kept at such places, by such persons and in such form as may be prescribed, and shall be open to inspection at all reasonable times by the Minister or by any person authorized by him in writing in that behalf.

   (5) Upon the registration of a tobacco grower or domestic tobacco grower under this section, the person keeping the register shall issue to such grower a certificate of registration in such from, valid for such period and subject to such conditions as may be prescribed.

   (6) No person shall be registered to grow tobacco both on customary land and as a tenant.

   (7) Any person who grows tobacco in any scheduled area without being registered as a tobacco grower in accordance with this Act shall be guilty of an offence.

7.   Selling prohibited without registration certificate

   No person required to be registered under this Part shall sell tobacco without first producing to the buyer a valid certificate of registration or, if he is selling on behalf of another person, the written authority and the valid certificate of registration of that other person. Any person who fails to comply with this section shall be guilty of an offence.

8.   Endorsement of registration certificate

   Every person who buys tobacco from a registered grower shall endorse on the back of the grower’s certificate of registration the quantity of tobacco bought, the date of the purchase, and such other particulars as may be prescribed, and shall sign and date the endorsement. Any person who fails to comply with this section shall be guilty of an offence.

9.   Registration certificate not transferable

   (1) A certificate of registration issued under this Part shall not be transferable.

   (2) No person shall have in his possession for any purpose a certificate of registration and a written authority which is not his own except when he is selling tobacco as the agent of a registered tobacco grower and, for the purpose of such agency, has in his possession the certificate of registration and the written authority of that registered tobacco grower.

   (3) The Minister or any officer authorized in that behalf may require any person growing tobacco in a scheduled area to produce for his inspection his certificate of registration or, when a person is acting as a selling agent for a registered grower, the written authority and the certificate of registration of his principal.

   (4) Any person who contravenes subsection (1) or (2), or who refuses or neglects to produce for inspection his or his principal’s certificate of registration when required to do so under subsection (3) shall be guilty of an offence.

PART IV
MARKETING

10.   Purchase of tobacco forbidden except by certain persons

   (1) Tobacco shall not be bought elsewhere than on auction floors licensed under the Control of Tobacco Auction Floors Act, except by the following persons—

   (a)   the Corporation;

   (b)   a person who holds a valid tobacco-buying licence issued under Part VI;

   (c)   a person who is buying tobacco as the agent, duly authorized in writing, of the Corporation; or

   (d)   a person specially authorized in writing by the Minister.

   (2) Where the holder of a tobacco-buying licence fails to buy any tobacco in respect of which the licence was issued, he shall report to the Corporation that such tobacco is available for purchase. The Corporation or its authorized agent may buy such tobacco at such price as may appear to the Corporation to be equitable.

   (3) Any person who contravenes subsection (1) or (2) shall be guilty of an offence.

11.   Minister may define tobacco classes and may fix prices

   (1) The Minister may from time to time define the classes and grades in which tobacco may be sold or bought.

   (2)(a)   The Minister may from time to time fix the prices to be paid by the persons referred to in paragraphs (a), (b), (c) and (d) of section 10 (1) for different classes and grades of tobacco and may fix different prices in respect of different areas of the country.

   (b)   The prices fixed under this subsection shall be published in the Gazette.

   (3) The Minister may from time to time fix tobacco quotas in respect of all registered growers selling tobacco to the corporation.

12.   Restriction on sale of certain tobacco

   (1) A person growing tobacco on customary land shall sell such tobacco only to the Corporation, unless the Minister specially authorizes another person, in writing, to buy such tobacco.

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