SPECIAL CROPS: SUBSIDIARY LEGISLATION

SPECIAL CROPS: SUBSIDIARY LEGISLATION

SPECIAL CROPS DECLARATIONS

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

under s. 3

        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

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.

Schedule

Form I

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

Schedule

Form II

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…