Malawi Act or statute

Malawi legislation

Farmers' Stop-Order Act, 1955

cropfeeslandpayment securitypenaltiesprocedural validityrecord amendmentrecord-keepingregister correctionregistrationregistration priorityregistration proceduresecured interestsshort titlestamp dutystop-orderstop-orders

Jurisdiction: Malawi
Structure: 14 provisions
Citation: Act 37 of 1955
Official identity: Year 1955
Dates: Enacted 1955 · Source version 31 Dec 2014

More statute details

Official identity: Year 1955
Dates: Enacted 1955 · Source version 31 Dec 2014

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Purpose and legislative effect

“This section gives the Act its short title: the Farmers’ Stop-Order Act.”

This section gives the Act its short title: the Farmers’ Stop-Order Act. This section defines key terms used in the Act, including farmer, registered stop-order, registration officer, and stop-order. An unregistered stop-order is invalid; a registered stop-order is effective only for the period stated in it. The Minister must appoint a registration officer, and that officer must keep and update a register of stop-orders. The registration officer may refuse to register a stop-order if it has unexplained alterations, if the presenter’s identity or right to present needs checking, or if a post-commencement stop-order is not filed within 30 days of execution.

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Enacted 1955 · Source version 31 Dec 2014. The date shown identifies this source expression and should not be treated as proof that no later change exists.
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Short title

This section gives the Act its short title: the Farmers’ Stop-Order Act.

Section 1

Registration of stop-orders

The Minister must appoint a registration officer, and that officer must keep and update a register of stop-orders.

Section 4

Section 8

Stop-orders rank by registration date, but stop-orders made before commencement keep priority by execution order if registered within 15 days after commencement.

Section 8

Regulations

The Minister may make regulations to carry the Act into effect.

Section 11

Government to be bound

The Government is bound by this Act.

Section 14

Source and current-law status

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Source record from malawilii.org · Enacted 1955 · Source version 31 Dec 2014

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Showing 14 of 14 provisions

Provision 8Commencement 2Short titleInterpretation

§ 1Short titleShort title

This section gives the Act its short title: the Farmers’ Stop-Order Act.

1. Short title This Act may be cited as the Farmers’ Stop-Order Act.

Section 1Verify source

§ 2InterpretationInterpretation

This section defines key terms used in the Act, including farmer, registered stop-order, registration officer, and stop-order.

2. Interpretation In this Act, unless the context otherwise requires— “ farmer ” means any person who, as tenant or owner of an agricultural holding, cultivates the holding for profit; “ registered stop-order ” means a stop-order registered under this Act; “ registration officer ” means the officer appointed by the Minister under section 4 ; “ stop-order ” means any written undertaking entered into by a farmer in which he— (a) purports to give any person, as security for debt, any right in or over his growing or future crops, or the proceeds thereof; or (b) authorizes any person to pay to a third party, in satisfaction of a debt owed by such farmer to such third party, the proceeds of his growing or future crops, or any part thereof.

Section 2Verify source

§ 3Validity of stop-ordersProvision

An unregistered stop-order is invalid; a registered stop-order is effective only for the period stated in it.

3. Validity of stop-orders Any stop-order not registered in accordance with this Act shall be null and void. Any stop-order so registered shall have effect for such period as may be stated therein.

Section 3Verify source

§ 4Registration of stop-ordersProvision

The Minister must appoint a registration officer, and that officer must keep and update a register of stop-orders.

4. Registration of stop-orders (1) The Minister shall appoint a registration officer , who shall keep a register of stop-orders in which he shall, subject to section 5 , register all stop-orders presented to him for registration. (2) The registration officer shall record on every stop-order registered by him the fact that such stop-order has been registered, and shall sign and date the same. Such record, signature and date shall, for all purposes, be sufficient evidence of registration under this Act. (3) Whenever a registered stop-order has been satisfied or cancelled, the person on whom it is drawn shall at the end of each calendar month send written notification of such satisfaction or cancellation to the registration officer . The registration officer shall thereupon note the same in the register. (4) Any person presenting a stop-order for registration shall, at the time of presentation, submit three copies of the stop-order to the registration officer .

Section 4Verify source

§ 5Discretion of registration officerCommencement

The registration officer may refuse to register a stop-order if it has unexplained alterations, if the presenter’s identity or right to present needs checking, or if a post-commencement stop-order is not filed within 30 days of execution.

5. Discretion of registration officer The registration officer may in his discretion— (a) refuse to register any stop-order in which any interlineation, blank, erasure, or alteration appears unless the person executing the stop-order affixes his signature or initials to such interlineation, blank, erasure, or alteration; (b) take steps to satisfy himself as to the identity of the person presenting the stop-order for registration and as to his right to present the stop-order for registration; and (c) refuse to register any stop-order executed after the commencement of this Act not presented for registration within thirty days of the date of execution thereof.

Section 5Verify source

§ 6Section 6Provision

Registration does not fix defects in a stop-order or give it validity, except where this Act provides otherwise.

6. Registration not to cure defect nor to confer validity Registration shall not cure any defect in a stop-order nor confer upon it any effect of validity which it would not otherwise have had except in so far as provided by this Act.

Section 6Verify source

§ 7Correction of registerAmendment

If a registration officer thinks a stop-order has been wrongly registered, the officer may ask for evidence and must correct the register if satisfied.

7. Correction of register (1) If the registration officer has, at any time, reason to believe that a stop-order has been or is incorrectly registered, he may call for such evidence as he thinks fit as to the correctness or otherwise of the registration, and if satisfied that a stop-order has been or is incorrectly registered, he shall correct the register and if necessary amend any record on the stop-order and publish such notification of the correction as he shall deem fit. (2) On the correction of the register or any record, the former register or record shall cease to have effect.

Section 7Verify source

§ 8Section 8Commencement

Stop-orders rank by registration date, but stop-orders made before commencement keep priority by execution order if registered within 15 days after commencement.

8. Priority of stop-orders Stop-orders, whether executed before or after the commencement of this Act, shall, as between themselves, be entitled to priority in order of registration: Provided that stop-orders executed before such date shall, if registered within fifteen days after the commencement of this Act, be entitled to priority in the order in which executed.

Section 8Verify source

§ 9Security not to be extinguished by sale, etc., of land whereon crop growingProvision

A registered stop-order is protected from being lost or weakened by later sales, mortgages, or other encumbrances on the land, and it can still be enforced even if the crop is held by someone who bought it for value without notice.

9. Security not to be extinguished by sale, etc., of land whereon crop growing A registered stop-order shall not be extinguished or otherwise impaired by any sale, mortgage or encumbrance, subsequent to the date of registration, of or upon the land whereon the crop is growing or situate, nor by the death of or insolvency of the person who executed such stop-order , and such registered stop-order may be enforced notwithstanding that the crop may be, at the date of enforcement, in the possession of a person who has acquired such crop for value without actual notice of the existence of such registered stop-order .

Section 9Verify source

§ 10Bills of Sale Acts not to applyProvision

The Bills of Sale Act does not apply to registered stop-orders.

10. Bills of Sale Acts not to apply The Bills of Sale Act shall not apply to any registered stop-order . [Cap. 48:03]

Section 10Verify source

§ 11RegulationsProvision

The Minister may make regulations to carry the Act into effect.

11. Regulations (1) The Minister may make Regulations for carrying this Act into effect. (2) In particular and without prejudice to the generality of the foregoing power such Regulations may— (a) prescribe the procedure to be followed on registration; (b) prescribe the particulars to be entered in the register in respect of every stop-order ; (c) prescribe indices to be kept by the registration officer ; (d) permit searches to be made in the register, and prescribe the times at which such searches may be made; (e) prescribe the fees payable in respect of registration and searches: Provided that no such fees shall be payable by the Government or by any person acting on behalf of the Government; (f) require the registration officer to publish lists of stop-orders registered, in such manner and at such times as may be prescribed; (g) provide for the registration of any transfer of a stop-order from one payee to another; (h) provide for the issue of certified copies of stop-orders and the fees chargeable therefor; and (i) provide for the fees payable to persons on whom stop-orders are drawn and who report in accordance with section 4 (3).

Section 11Verify source

§ 12No stamp duty payableProvision

No stamp duty is payable on any registered stop-order.

12. No stamp duty payable Notwithstanding the Stamps Act, no stamp duty shall be payable on any registered stop-order . [Cap. 43:01]

Section 12Verify source

§ 13Penalties for offences in connexion with stop-ordersOffence

This section makes it an offence to execute a stop-order knowing it will not be honoured, and penalizes farmers who dispose of or impair the crop or the payee’s security without written consent.

13. Penalties for offences in connexion with stop-orders (1) Any person who executes a stop-order knowing, or having reasonable cause to believe, that the same will not be honoured, shall be liable to a fine of £200 and to imprisonment for three years. The burden of proving that he knew or had reasonable cause to believe that the stop-order would be honoured shall lie on the person charged with an offence under this section. (2) Any farmer , who having executed a stop-order , sells or delivers the crop to which it relates without the written consent of the registered payee of such stop-order , or who by any other means deprives such payee of the crop or the proceeds thereof, or who directly or indirectly defeats, invalidates or impairs the security of such payee shall be liable to a fine not exceeding treble the amount of the loss sustained by such payee or to imprisonment for a term not exceeding three years or to both such fine and imprisonment.

Section 13Verify source

§ 14Government to be boundProvision

The Government is bound by this Act.

14. Government to be bound This Act shall apply to and bind the Government.

Section 14Verify source

Legislative relationships

1 referenced instrument

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N–S

1 instrument

Sale Act
Section 10

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31 Dec 2014 · currentEnglish

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