IODIZATION OF SALT: SUBSIDIARY LEGISLATION

IODIZATION OF SALT: SUBSIDIARY LEGISLATION

IODIZATION OF SALT REGULATIONS

G.N. 75/1998

PART I
PRELIMINARY

1.    Citation

    These Regulations may be cited as the Iodization of Salt Regulations.

2.    Interpretation

    In these Regulations, unless the context otherwise requires—

    “authorized officer” means a customs officer, an environmental health officer or any inspector appointed under section 6;

    “business” means business of salt iodization;

    “Registrar” means the Principal Secretary or such other officer in the public service as he may authorize to act on his behalf.

PART II
REGISTRATION

3.    Manner and particulars of registration

    Every person who is engaged in the business of salt iodization shall furnish by sending by post or delivering to the Registrar a statement in writing in the form set out in the First Schedule containing the following particulars—

    (a)    the name of the business;

    (b)    the address of the business;

    (c)    the general nature of the business; and

    (d)    date of commencement of the business.

4.    

    The statement required for the purpose of registration under regulation 3 shall—

    (a)    in the case of an individual, be signed by him; and

    (b)    in the case of a firm, either by all the individuals who are partners and by a director or the secretary of all corporations which are partners or by an individual who is a partner, director or the secretary of a corporation which is a partner and in either of these two cases shall be verified by an affidavit or statutory declaration made by the signatory:

    Provided that no such affidavit or statutory declaration stating that any person other than the deponent or declarant is a partner, or omitting to state that any person other than as aforesaid is a partner, shall be evidence for or against such other person in respect of his liability or non-liability as a partner, and that the High Court may on application of any person alleged or claiming to be a partner direct the rectification of the register and decide any question arising under this regulation.

5.    Certificate

    The Registrar shall issue a certificate of registration in the form set out in the Second Schedule to every firm or person registered under these Regulations.

6.    Registration of changes

    Whenever a change is made or occurs in the particulars registered under regulation 3 in respect of any firm or person, such firm or person shall, within fourteen days after such change or such longer period as the Registrar may, on application being made in any particular case, whether before or after the expiration of such fourteen days, allow, furnish by sending by post or delivery to him a statement in writing specifying the nature and the date of the change, signed, and, where necessary, verified in like manner as the statement required on registration under regulation 3.

7.    Alteration

    Every change in any of the particulars registered shall be notified in the form set out in the Third Schedule to the Registrar who shall alter the register accordingly.

8.    Penalty for default in registration

    If any firm or person by these Regulations required to furnish a statement of particulars or of any change in particulars shall without reasonable cause make default in so doing in the manner and within the time specified by these Regulations every partner in the firm or the person so in default shall be guilty of an offence and liable to a fine of K200 for every day during which the default continues, and the court shall order a statement of the required particulars or change in the particulars to be furnished to the Registrar within such time as may be specified in the Order.

9.    Disability of persons in default

    (1) Where any firm or person by this Act required to furnish a statement of particulars or of any change in particulars shall have made default in so doing, then the rights of that defaulter under or arising out of any contract made or entered into by or on behalf of such defaulter in relation to the business in respect to the carrying on of which particulars were required to be furnished at any time while he is in default shall not be enforceable by action or other legal proceeding whether in the business name or otherwise:

    Provided always as follows—

    (a)    the defaulter may apply to the Court for relief against the disability imposed by this regulation and the Court, on being satisfied that the default was accidental, or due to inadvertence, or some other sufficient cause or that on other grounds it is just and equitable to grant relief, may grant such relief either generally, or as respects any particular contract, on condition of the costs of the application being paid by the defaulter, unless the Court otherwise orders, and on such…