Malawi Act or statute

Malawi legislation

Tobacco Act, 1970

agricultural commoditiesagricultural complianceburden of proofcesscess paymentcess revenue usecompliancecrop regulationdefinitionsdocument inspectionexemptionsfalse statementsfeesfield responsibilityforfeitureformsinspectioninspection and entry powerslicence refusalBusiness registrationlicensing/permissionpermitsprice displayprosecution evidencepurchase restrictionsratesrecord productionrecordkeepingregister maintenanceregistrationregistration certificateregulationsregulatory complianceregulatory precedencereportingreturnsrevocationsale hourssale restrictionssample takingseed approvalspecial cropssuspensiontobaccotobacco buyingtobacco buying licencetobacco buying licencestobacco cultivationtobacco exportstobacco growing registrationtobacco industrytobacco licensingtobacco pricingtobacco purchasingtobacco quotastobacco regulationtobacco saletobacco salestobacco seed controltobacco tradeworkplace conduct

Jurisdiction: Malawi
Structure: 37 provisions
Citation: Act 18 of 1970
Official identity: Year 1970
Dates: Enacted 1970 · Source version 31 Dec 2014

More statute details

Official identity: Year 1970
Dates: Enacted 1970 · Source version 31 Dec 2014

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Purpose and legislative effect

“This section gives the Act its short title: the Tobacco Act.”

This section gives the Act its short title: the Tobacco Act. This section defines key terms used in the Act. The Minister may set Gazette-notified dates by which tobacco from the preceding planting must be uprooted, and failure to do so is an offence. This section says who is responsible for uprooting tobacco plants under section 3, depending on who planted the tobacco and what land it was planted on. Tobacco seed may only be used, sold, imported, issued, or grown for seed production if approved or permitted by the Minister or an authorized Ministry officer, and only Ministry officers may issue seed to growers.

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Short title

This section gives the Act its short title: the Tobacco Act.

Section 1

Purchase of tobacco forbidden except by certain persons

Tobacco may generally be bought only on licensed auction floors, with limited exceptions; a licence holder who does not buy the tobacco must report it to the Corporation.

Section 10

Exclusive tobacco growing licence

The Minister may issue an exclusive tobacco buying licence for a specified area in Malawi or for a particular grade or class of tobacco.

Section 19

Display of licence, etc., and price list

A tobacco buyer covered by section 10(1)(a) to (d) must prominently display, at the place of purchase, both the authority to buy and the prices for the tobacco grades they may buy.

Section 28

Section 37

If tobacco is declared a special crop, the Special Crops Act and orders under it prevail over conflicting provisions of this Act or its regulations for that area and tobacco.

Section 37

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Source record from malawilii.org · Enacted 1970 · Source version 31 Dec 2014

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Showing 37 of 37 provisions

Offence 21Provision 14Short titleInterpretation

Part I

Preliminary

§ 1Short titleShort title

This section gives the Act its short title: the Tobacco Act.

1. Short title This Act may be cited as the Tobacco Act.

Section 1Verify source

§ 2InterpretationInterpretation

This section defines key terms used in the 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; [Cap. 67:03] “ 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. [16 of 1971] [9 of 1986]

Section 2Verify source

Part II

The uprooting of tobacco , tobacco seed

§ 3Tobacco plants to be uprooted at direction of MinisterOffence

The Minister may set Gazette-notified dates by which tobacco from the preceding planting must be uprooted, and failure to do so is an offence.

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.

Section 3Verify source

§ 4Persons responsible for uprootingProvision

This section says who is responsible for uprooting tobacco plants under section 3, depending on who planted the tobacco and what land it was planted on.

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.

Section 4Verify source

§ 5Tobacco seedOffence

Tobacco seed may only be used, sold, imported, issued, or grown for seed production if approved or permitted by the Minister or an authorized Ministry officer, and only Ministry officers may issue seed to growers.

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. [16 of 1971] [9 of 1986] (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.

Section 5Verify source

Part III

Tobacco registration

§ 6Registration of tobacco growersOffence

Tobacco may not be grown in scheduled areas unless the grower is registered, and a refusal of registration may be appealed.

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. [8 of 1972]

Section 6Verify source

§ 7Selling prohibited without registration certificateOffence

A person required to be registered under this Part must not sell tobacco unless they first show the buyer a valid registration certificate, or if acting for someone else, that person’s written authority and registration certificate.

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.

Section 7Verify source

§ 8Endorsement of registration certificateOffence

A buyer of tobacco from a registered grower must write the purchase details on the back of the grower’s registration certificate and sign and date it.

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.

Section 8Verify source

§ 9Registration certificate not transferableOffence

A registration certificate issued under this Part cannot be transferred. People generally may not possess a registration certificate and someone else’s written authority, except an agent selling tobacco for a registered grower. The Minister or an authorized officer may require production of the certificate for inspection.

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.

Section 9Verify source

Part IV

Marketing

§ 10Purchase of tobacco forbidden except by certain personsOffence

Tobacco may generally be bought only on licensed auction floors, with limited exceptions; a licence holder who does not buy the tobacco must report it to the Corporation.

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— [Cap. 65:03] (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. [16 of 1971]

Section 10Verify source

§ 11Minister may define tobacco classes and may fix pricesProvision

The Minister may define tobacco classes and grades, set prices for specified sellers, and fix tobacco quotas for registered growers selling to the corporation.

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.

Section 11Verify source

§ 12Restriction on sale of certain tobaccoOffence

A tobacco grower on customary laud must sell the tobacco only to the Corporation, unless the Minister authorizes another buyer in writing.

12. Restriction on sale of certain tobacco (1) A person growing tobacco on customary laud shall sell such tobacco only to the Corporation , unless the Minister specially authorizes another person, in writing, to buy such tobacco . (2) Any person who contravenes or fails to comply with subsection (1) shall be guilty of an offence. [16 of 1971]

Section 12Verify source

Part V

Cess

§ 13Meaning of tobaccoProvision

This section defines “tobacco” for this Part.

13. Meaning of tobacco For the purposes of this Part— “ tobacco ” means manufactured or unmanufactured cured tobacco other than tobacco imported into Malawi by a manufacturer for use by such manufacturer in the manufacture within Malawi of pipe tobacco , cigarettes, cigars, cigarillos, cake, plug or stick tobacco .

Section 13Verify source

§ 14Imposition of cessProvision

The Minister may order a cess on tobacco sold in Malawi or exported from Malawi, set different rates, and exempt some tobacco. The same tobacco cannot be charged twice, and no cess is payable on tobacco grown by a person and sold to an authorized buyer under section 10(1).

14. Imposition of cess (1) The Minister may, by order, prescribe a cess at an expressed rate per stated unit of net weight to be levied, paid and collected in respect of— (a) tobacco sold in Malawi; (b) tobacco exported from Malawi; Provided that— (i) such cess shall not be paid twice in respect of the same tobacco ; (ii) no cess shall be paid by any person in respect of tobacco grown by him and sold to a person authorized to buy tobacco under paragraphs (a), (b), (c) or (d) of section 10 (1). (2) An order made under subsection (1) may provide for cess at different rates on different types of tobacco , or may exempt any type of tobacco from liability for cess. [5 of 1975]

Section 14Verify source

§ 15Tobacco not to be manufactured or exported unless cess paidOffence

Selling or exporting tobacco without paying the cess can be an offence, punishable by a K200 fine and six months’ imprisonment.

15. Tobacco not to be manufactured or exported unless cess paid (1) Any person who sells any tobacco and does not immediately upon completion of the sale pay any amount due for cess in respect of such tobacco shall be guilty of an offence. (2) Any person who exports any tobacco in respect of which the cess has not been paid shall be guilty of an offence. (3) Any person who is guilty of an offence under this section shall be liable to a fine of K200 and to imprisonment for six months.

Section 15Verify source

§ 16Proceeds of cess to be used for benefit of tobacco industryProvision

Cess proceeds must be used only for the benefit of the tobacco industry, in a manner approved by the Minister.

16. Proceeds of cess to be used for benefit of tobacco industry The proceeds of the cess paid and collected under this Part shall be used exclusively for the benefit of the tobacco industry in such manner as the Minister may from time to time approve.

Section 16Verify source

Part VI

Tobacco buying licences

§ 17Designation of licensing authoritiesProvision

The Minister may designate a licensing authority by Gazette notice and assign it responsibility for areas of Malawi. The licensing authority must follow the Minister’s general or specific directions when carrying out duties under the Act.

17. Designation of licensing authorities (1) The Minister may by notice published in the Gazette designate any organization or person to be a licensing authority for the issue of licences to buy tobacco for the purposes of paragraphs (6) and (c) of section 10 (1), in this Act referred to as tobacco buying licences, and may assign to such licensing authority responsibility for any area or areas of Malawi. (2) In carrying out their or his duties under this Act, a licensing authority shall act subject to the general or specific directions of the Minister.

Section 17Verify source

§ 18Section 18Provision

A person applying for a tobacco buying licence must apply to the Minister or the licensing authority designated for the area.

18. Application for licence Application for a tobacco buying licence shall be made to the Minister, or to the licensing authority designated by him to be responsible for the area in which such licence is required: Provided that where a licence to buy and resell tobacco has been issued to an owner of land in respect of his tenants under the Special Crops Act, no licence to buy tobacco shall be required under this section. [Cap. 65:01] [8 of 1972]

Section 18Verify source

§ 19Exclusive tobacco growing licenceProvision

The Minister may issue an exclusive tobacco buying licence for a specified area in Malawi or for a particular grade or class of tobacco.

19. Exclusive tobacco growing licence The Minister may issue an exclusive tobacco buying licence in respect of any area or areas of Malawi or in respect of a particular grade or class of tobacco , and where the Minister has issued such a licence no other tobacco buying licence shall be issued in respect of same area or areas, or in respect of the same grade or class of tobacco .

Section 19Verify source

§ 20Section 20Provision

A licensing authority may issue a tobacco buying licence if the application is approved, and if refused it must advise the applicant in writing and send a copy to the Minister.

20. Procedure for licensing authority In respect of an application for a tobacco buying licence a licensing authority may— (a) if the application is approved, issue the licence to the applicant as soon after such approval as possible; (b) if the application is refused, advise the applicant in writing of such refusal as soon after such refusal as possible, and forward a copy of such advice to the Minister.

Section 20Verify source

§ 21Grounds for refusal of licenceOffence

A licensing authority may refuse a licence only on listed grounds, unless the Minister directs otherwise. The Minister can also direct refusal of any licence application in his discretion.

21. Grounds for refusal of licence (1) Unless the Minister otherwise directs in any case, a licence shall not be refused by a licensing authority except on one or more of the following grounds— (a) that the applicant has knowingly given false or misleading information or made false or misleading statements in his application; (b) that the applicant has been convicted within five years preceding the date of application of an offence against this Act, or any written law replaced by this Act; (c) that an exclusive tobacco buying licence has been granted m respect of the tobacco or area for which the application was received; (d) that the Minister has determined that for the purpose of maintaining adequate stocks of tobacco within the area for which the licensing authority is responsible, licences may be issued only in respect of a designated quantity of tobacco and licences have been issued in respect of that quantity. (2) The Minister may, in his discretion, direct that any application for a licence shall be refused, and his decision shall be final and shall not be questioned in any court.

Section 21Verify source

§ 22Revocation or suspension of licencesOffence

A licensing authority may revoke or suspend a tobacco buying licence for false or misleading application information, non-compliance with licence terms, or conviction of an offence under the Act. The Minister may also revoke or suspend such licences in his discretion, and that decision is final.

22. Revocation or suspension of licences (1) A tobacco buying licence may be revoked or suspended by a licensing authority when the licensee has— (a) knowingly given false or materially misleading statements or information in his application; (b) violated or failed to comply with the terms or conditions of his licence; (c) been convicted of an offence against this Act. (2) The Minister may, in his discretion, revoke or suspend any tobacco buying licence or exclusive tobacco buying licence, and his decision shall be final and shall not be questioned in any court.

Section 22Verify source

§ 23AppealProvision

If a tobacco buying licence application is refused, or a licence is revoked or suspended, the person involved may appeal in writing to the Minister within 30 days of notice.

23. Appeal Where an application for a tobacco buying licence is refused by a licensing authority, or when such a licence is revoked or suspended by a licensing authority, the person involved may, within thirty days of the receipt of notification of such refusal, revocation or suspension, appeal in writing to the Minister, and the Minister's decision shall be final and shall not be questioned in any court.

Section 23Verify source

§ 24RegisterProvision

Licensing authorities must keep a permanent register of all licences they issue, in the form the Minister directs, and the register must be open to inspection by the Minister or a person the Minister authorizes.

24. Register (1) Each licensing authority shall maintain a permanent register of all licences issued by such licensing authority. (2) The register shall be kept as the Minister may direct. (3) The register shall be open to inspection by the Minister or by any person authorized by the Minister to inspect such register.

Section 24Verify source

§ 25Condition of licenceProvision

A tobacco buying licensee must not buy tobacco above the licence limit, from land not specified in the licence, or of a grade or class excluded by the licence.

25. Condition of licence It shall be a condition of every tobacco buying licence or exclusive tobacco buying licence that the licensee may not purchase tobacco — (a) in excess of any amount specified in his licence; (b) which has not been grown on the area of land specified on his licence; (c) of a grade or class excluded on his licence.

Section 25Verify source

Part VII

Miscellaneous

§ 26Section 26Offence

In prosecutions under this Act, the accused must prove the contrary when tobacco is charged, and a Commissioner for Lands certificate is accepted as evidence of the stated land facts.

26. Evidence In any prosecution for an offence under this Act— (a) any tobacco which is the subject of a charge shall be presumed to be tobacco within the meaning of those expressions as defined in this Act, and the burden of proving the contrary shall be on the accused; (b) a certificate under the hand of the Commissioner for Lands that any land is customary land, public land or private land, or that any land is not included in the area of land specified in any licence, shall be admitted as evidence of the facts stated in such certificate, and the burden of proving the contrary shall be on the accused.

Section 26Verify source

§ 27Power of entryOffence

The Minister, or a person authorized in writing, may enter certain tobacco-related premises or vehicles during daylight hours to check compliance, require records, and take tobacco samples.

27. Power of entry (1) The Minister, or any person authorized by him in writing, may, during daylight hours, enter upon or into any land, building, vehicle, aircraft or vessel where tobacco is grown, purchased, stored or transported for the purpose of ascertaining that the provisions of this Act or the conditions of any licence or authority issued under this Act are being complied with. (2) The Minister, or a person authorized by him under subsection (1), may call upon the owner , occupier or manager of, such land, building, vehicle, aircraft or vessel to— (a) produce books or records relating to such land, building vehicle, aircraft or vessel as is used in connexion with the subject matter of this Act; (b) produce books or records that will enable him to check the accuracy of any return or application made or required under this Act; or (c) permit reasonable samples of tobacco to be taken to ascertain that this Act and the conditions of any licence or authority are being complied with. (3) Any person who obstructs or refuses entry to a person authorized by the Minister under subsection (1) or fails, neglects or refuses to produce books or records or to permit samples to be taken under subsection (2) shall be guilty of an offence.

Section 27Verify source

§ 28Display of licence, etc., and price listOffence

A tobacco buyer covered by section 10(1)(a) to (d) must prominently display, at the place of purchase, both the authority to buy and the prices for the tobacco grades they may buy.

28. Display of licence, etc., and price list A person buying tobacco under the provisions of paragraphs (a), (b), (c) or (d) of section 10 (1) shall, at the beginning of and throughout each day upon which he exercises his right to buy, prominently display at the place of purchase both a copy of his authority to buy and the prices offered for the classes and grades of tobacco which he is authorized to buy. Any person who fails to comply with this section shall be guilty of an offence.

Section 28Verify source

§ 29False statementsOffence

A person commits an offence if, knowingly and in connection with a tobacco grower registration application, a licence or permit application, a required return, or a record/book kept under the Act, they make a statement or give information that is false in a material particular.

29. False statements If any person— (a) in connexion with an application for registration as a grower of tobacco or for the issue of any licence or permit under this Act; or (b) in or in connexion with any return required by this Act or any record or book kept in pursuance of this Act, knowingly makes any statement or gives any information which is false in any material particular, he shall be guilty of an offence.

Section 29Verify source

§ 30Hindrance of person performing dutyOffence

A person must not wilfully obstruct or hinder anyone who is carrying out duties under this Act.

30. Hindrance of person performing duty Any person who wilfully obstructs or hinders any person in the performance of his duties under this Act shall be guilty of an offence.

Section 30Verify source

§ 31Failure to produce documentOffence

A person who refuses to produce a required licence, certificate, register, or other document for inspection to an authorized inspector commits an offence.

31. Failure to produce document Any person who refuses to produce for inspection a licence, certificate, register or other document issued under or required by this Act to any person authorized to inspect such licence, certificate, register or other document, shall be guilty of an offence.

Section 31Verify source

§ 32Order prohibiting sale, etc., where licence, etc., believed violatedOffence

The Minister, or an authorized person, may order tobacco not to be sold, exchanged, or moved for up to five days if they reasonably believe a related licence or authority condition is being breached; anyone who disobeys the order commits an offence.

32. Order prohibiting sale, etc., where licence, etc., believed violated Where the Minister or a person authorized by him in that behalf has reasonable grounds to believe that the terms or conditions of a licence or an authority to buy tobacco issued for the purposes of paragraphs (a), (b), (c) or (d) of section 10 (1) are not being complied with in respect of certain tobacco, he may issue an order prohibiting the sale, exchange or movement of such tobacco or any part thereof for not more than five days. Any person who fails to comply with such an order shall be guilty of an offence.

Section 32Verify source

§ 33Hours during which tobacco may be boughtOffence

People authorized under section 10(1)(a) to (d) must not buy tobacco outside the hours set by the Minister in a Gazette notice.

33. Hours during which tobacco may be bought The buying of tobacco by persons authorized under paragraphs (a), (b), (c) and (d) of section 10 (1) shall not be undertaken outside such hours of the day as the Minister may, from time to time, by notice published in the Gazette , direct, and any such person who buys tobacco outside such hours shall be guilty of an offence.

Section 33Verify source

§ 34Compliance with conditions of licence, etcOffence

A person must not buy tobacco in a way that goes against the conditions of the person's licence or authority to buy tobacco.

34. Compliance with conditions of licence, etc. Any person who buys tobacco contrary to the conditions of his licence or authority to buy tobacco shall be guilty of an offence.

Section 34Verify source

§ 35PenaltiesOffence

If someone is convicted of an offence under the Act with no special penalty, they are liable to a fine of K1,000 and one year in prison; a court may also order forfeiture of the tobacco involved.

35. Penalties (1) Any person who is convicted of an offence against this Act for which no special penalty is provided shall be liable to a fine of K1,000 and to imprisonment for one year. (2) A court may, in addition to any other penalty, order that any tobacco in respect of which an offence has been committed shall be forfeited.

Section 35Verify source

§ 36RegulationsProvision

The Minister may make regulations to carry out this Act’s purposes.

36. Regulations The Minister may make regulations for the better carrying out of the purposes of this Act, and without prejudice to the generality of the foregoing such regulations may provide for— (a) the duties of licensing authorities and other public officers under this Act; (b) the forms to be used for any registration certificate, licence, return or application; (c) the manner in which any payment for tobacco shall be made; (d) the fees for any licence, certificate or application; (e) general conditions to be attached to licences required under this Act and further specific conditions which may be imposed by a licensing authority; (f) the returns to be made for the purposes of this Act; (g) the manner in which tobacco may be cured; (h) the movement of tobacco within Malawi; (i) any matter to be or which may be prescribed under this Act.

Section 36Verify source

§ 37Section 37Provision

If tobacco is declared a special crop, the Special Crops Act and orders under it prevail over conflicting provisions of this Act or its regulations for that area and tobacco.

37. Special Crops Act to prevail in case of conflict When any tobacco or any class or grade of tobacco has been declared to be a special crop in relation to the whole or any part of Malawi under the Special Crops Act, then in respect of that area and of that tobacco or class or grade thereof, where the provisions of the Special Crops Act and any order made thereunder conflict with the provisions of this Act or of any regulations made thereunder, then the provisions of the Special Crops Act and any order made thereunder shall prevail. [Cap. 65:01]

Section 37Verify source

Legislative relationships

4 referenced instruments

Names are derived from the stored provision headings and citation-enrichment layer. Treat this as a research index and verify each relationship against the source text.

A–F

1 instrument

Agricultural Development and Marketing Corporation Act
Section 2

G–M

2 instruments

Malawi under the Special Crops Act
Section 37
Malawi. (2) In carrying out their or his duties under this Act
Section 17

T–Z

1 instrument

Tobacco Auction Floors Act
Section 10

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