Dairy Produce Marketing and Levy Act, 1961
This section gives the Act its short title: the Dairy Produce Marketing and Levy Act.
- Jurisdiction
- Zambia
- Instrument
- Act or statute
- Citation
- Act 27 of 1961
- Version
- 31 Dec 1996
- Language
- en
- Official source
- View official record ↗
Statute overview
About this statute
This section gives the Act its short title: the Dairy Produce Marketing and Levy Act. This section defines key terms used in the Act, including Board, dairy produce, milk products, dealer, inspector, and financial year. The Board must run its affairs so its revenues are enough, on average over a year, to cover its properly chargeable outgoings and required provisions under sections 4 and 5. The Board must charge proper business expenses to its revenue account and make annual provision for asset depreciation and loan-related interest and expenses. It may also, with the Minister responsible for finance’s approval, provide for increases in replacement costs. The Board must each financial year set aside enough money to redeem loans, and any money set aside must be invested as the Board determines with Ministerial approval and advice from the Minister responsible for finance.
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Provisions of Dairy Produce Marketing and Levy Act, 1961
Showing 59 of 59
Part
Part I – Preliminary
- 1 Verify source ↗
Short title .................................................................................................................................................................................................... 1
This section gives the Act its short title: the Dairy Produce Marketing and Levy Act.
1. Short title This Act may be cited as the Dairy Produce Marketing and Levy Act. - 2 Verify source ↗
Interpretation ............................................................................................................................................................................................. 1
This section defines key terms used in the Act, including Board, dairy produce, milk products, dealer, inspector, and financial year.
2. Interpretation (1) In this Act, unless the context otherwise requires— "Board" means the Dairy Produce Board established under section three of the Dairy Produce Board (Establishment) Act; "butter" means the substance commonly known as butter made exclusively from milk or cream or milk and cream, with or without salt or other preservative and with or without the addition of colouring matter; "butterfat" means the pure fat of milk but does not include the substance commonly known as ghee; "cheese" means the substance commonly known as cheese containing no fat other than butterfat; "class", in relation to dairy produce, includes grade, quality, standard and type; "cream" means that part of milk rich in butterfat which has been skimmed from milk; "dairy industry" means anything and everything connected with the production, manufacture, preparation and marketing of dairy produce; "dairy produce" means milk and any milk product; "dealer" includes any person engaged in the dairy industry and cognate expressions shall be construed by reference, inter alia, to transactions and operations such as are carried out by persons engaged in the dairy industry; "depot" means a depot appointed, established or maintained by the Board for the receipt or sale of dairy produce; By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 1 Dairy Produce Marketing and Levy Act, 1961 (Chapter 234) Zambia Repealed "financial year" means the period beginning on the 1st January, 1964, and ending on the 30th June, 1964, and thereafter the period of twelve months ending on the 30th June each year; "ices and flavoured milk products" means— (a) ice-cream; and (b) any frozen concoction containing flavourings or fruit juices or dairy produce and flavourings or fruit juices; and (c) any beverage containing dairy produce and flavourings or fruit juices; "inspector" means an inspector appointed in terms of subsection (1) of section twenty-nine, and includes a person exercising or performing any of the powers or duties of an inspector conferred or imposed upon him in terms of subsection (2), (3) or (4) of that section; "levy" means a levy imposed by the provisions of section nineteen; "member" means a member of the Board; "milk" means cow's milk in the form in which it comes from the cow; "milk product" means butter, butterfat, the substance commonly known as ghee, cheese, cream and any other like product of milk, including skimmed milk and milk which has been condensed, dried or evaporated; "producer" means a producer of milk or a milk product manufactured or prepared by him from milk of which he is the producer; "producer-retailer" means a producer who sells milk or a milk product by retail; "producer-wholesaler" means a producer who is not a producer-retailer; "registered" means registered in terms of section twenty-six and "application for registration" and "registration" shall be construed accordingly; "sell" includes to— [Please note: definitions incomplete in the original.] (2) For the purposes of this Act a producer who sells milk or a milk product to a person, other than the Board or a prescribed dealer or member of a prescribed class of dealers, shall be deemed to have sold the milk or the milk product by retail. [Cap. 235] [As amended by No. 32 of 1962, G.N. No. 91 of 1964 and S.I. No. 176 of 1965] Part II – Financial provisions relating to Board
Part
Part II – Financial provisions relating to Board
- 3 Verify source ↗
Conduct of financial affairs of Board ............................................................................................................................................... 2
The Board must run its affairs so its revenues are enough, on average over a year, to cover its properly chargeable outgoings and required provisions under sections 4 and 5.
3. Conduct of financial affairs of Board It shall be the object of the Board so to exercise its functions and conduct its business as to ensure that its revenues, taking one year with another, are not less than sufficient to enable the Board to meet the outgoings of the Board properly chargeable to revenue account and to make the provision which is required to be made by the Board in terms of sections four and five. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 2 Dairy Produce Marketing and Levy Act, 1961 (Chapter 234) Zambia Repealed - 4 Verify source ↗
Board to make certain charges to revenue account, etc. .......................................................................................................... 3
The Board must charge proper business expenses to its revenue account and make annual provision for asset depreciation and loan-related interest and expenses. It may also, with the Minister responsible for finance’s approval, provide for increases in replacement costs.
4. Board to make certain charges to revenue account, etc. (1) The Board shall charge to its revenue account all charges which in the normal conduct of business are regarded as proper to be made to revenue account and, in so doing, shall make in each financial year proper provision for— (a) the depreciation of assets; and (b) the payment of interest on and all other charges and expenses incurred in connection with loans. (2) In charging to its revenue account all charges which in the normal conduct of business are regarded as proper to be made to revenue account as in subsection (1) is provided, the Board may also, with the approval of the Minister responsible for finance, make in each financial year provision for meeting, in whole or in part, increases in the cost of replacing assets. - 5 Verify source ↗
Board to make provision for the redemption of loans .............................................................................................................. 3
The Board must each financial year set aside enough money to redeem loans, and any money set aside must be invested as the Board determines with Ministerial approval and advice from the Minister responsible for finance.
5. Board to make provision for the redemption of loans (1) The Board shall in each financial year make such provision as may be necessary for the redemption of loans. (2) Moneys put aside by the Board in pursuance of the provisions of subsection (1) shall, until such time as they are used for the redemption of loans, be invested in such manner as the Board with the approval of the Minister, acting on the advice of the Minister responsible for finance, may determine. - 6 Verify source ↗
Establishment and operation of general reserve account of Board ...................................................................................... 3
The Board must establish a general reserve account. It may use or appropriate money from surplus revenue only with Ministerial approval and subject to section 7.
6. Establishment and operation of general reserve account of Board (1) The Board shall establish a general reserve account to which the Board may appropriate from a surplus of revenue over expenditure such moneys as the Minister may approve. (2) Subject to the provisions of section seven, moneys in the general reserve account may, with the approval of the Minister, be used for such purposes as the Board may consider expedient for the proper exercise of its functions. - 7 Verify source ↗
Meeting of deficiencies .......................................................................................................................................................................... 3
If the Board’s revenue is not enough in a financial year, the shortfall is paid from the general reserve account unless the Minister directs otherwise; if that account is still not enough, the Minister pays the remaining amount from money Parliament has appropriated.
7. Meeting of deficiencies (1) (2) If in any financial year the revenues of the Board, together with any surplus revenue brought forward from any preceding financial year, are insufficient to enable the Board to meet the outgoings of the Board properly chargeable to revenue account and to make the provision which is required to be made by the Board in terms of sections four and five, the deficiency shall, unless the Minister otherwise directs, be met from the general reserve account established in terms of subsection (1) of section six. If the moneys in the general reserve account are insufficient for the purpose of meeting any amount which in terms of subsection (1) is required to be met from the general reserve account, the amount outstanding after the application of those moneys to that purpose shall be met by the Minister out of moneys appropriated for the purpose by Parliament. [As amended by G.N. Nos. 91 and 157 of 1964] - 8 Verify source ↗
Establishment of dairy produce price stabilisation fund ........................................................................................................... 3
The Board must establish and administer a dairy produce price stabilisation fund, following the Minister’s directions.
8. Establishment of dairy produce price stabilisation fund The Board shall establish and administer, in accordance with the directions of the Minister, a dairy produce price stabilisation fund for the purpose of stabilising the price at which the Board sells dairy produce imported into Zambia and dairy produce produced, manufactured or prepared in Zambia. [As amended by G.N. No. 91 of 1964] By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 3 Dairy Produce Marketing and Levy Act, 1961 (Chapter 234) Zambia Repealed - 9 Verify source ↗
Establishment of levy fund .................................................................................................................................................................. 4
The Board must set up and manage a fund, pay levy proceeds into it, and use the money only for specified levy-related expenses and certain payments, including payments directed or approved by the Minister.
9. Establishment of levy fund (1) The Board shall establish and administer a fund into which the Board shall pay the proceeds of any levy. (2) The moneys in the fund referred to in subsection (1) shall be used by the Board— (a) to meet any costs and expenses incurred by the Board in connection with a levy; and (b) for the purpose of making, in accordance with the directions of the Minister, payments into the dairy produce price stabilisation fund established in terms of section eight; and (c) with the approval of the Minister, to meet such expenses as may be incurred by the Board in the exercise of its powers referred to in paragraphs 25 and 26 of the Schedule. [As amended by G.N. No. 91 of 1964] - 10 Verify source ↗
Income of Board exempt from income tax, etc. ........................................................................................................................ 4
The Board’s income is exempt from tax under the Income Tax Act.
10. Income of Board exempt from income tax, etc. The income of the Board from whatever source shall be exempt from any tax leviable under the Income Tax Act. [Cap. 323] - 11 Verify source ↗
Accounts of Board ................................................................................................................................................................................. 4
The Board must keep proper accounting books and records, keep any extra accounts the Minister directs, and keep separate accounts for certain business it carries on for others’ risk.
11. Accounts of Board (1) The Board shall keep proper books of account and other records in relation thereto and to all its operations, undertakings and property and, in addition, such particular accounts and records in respect of all or any of its operations, undertakings and property as the Minister may direct. (2) The Board shall keep separate accounts in relation to any business which the Board conducts for the account and at the risk of other persons. (3) The allocation to each account kept by the Board in terms of subsection (2) of the Board's transport, handling and storage costs, the charges in respect of which the Board is required to make provision in terms of section four and other like expenses and charges shall be made in such manner as the Board, with the approval of the Minister, may determine. - 12 Verify source ↗
Appointment of auditors and audit of Board's accounts ......................................................................................................... 4
The Board must appoint auditors with the Minister’s approval, give them access to its records, and the auditors may require needed information from Board members and staff.
12. Appointment of auditors and audit of Board's accounts (1) The Board shall, with the approval of the Minister, appoint one or more persons who publicly carry on the profession of accountants, hereinafter referred to as the auditors, to examine and report to the Board and the Minister on the accounts of the Board not less than once each financial year. (2) In addition to the report referred to in subsection (1), the Minister may require the Board to obtain from the auditors such other reports, statements or explanations in connection with the operations, undertakings and property of the Board as the Minister may consider expedient. (3) The Board shall produce and lay before the auditors all books and accounts of the Board, with all vouchers in support thereof and all books, papers and writing in its possession or control relating thereto. (4) The auditors shall be entitled at all reasonable times to require from all members and all persons in the employ of the Board such information and explanations as may be necessary for the performance of their duties as auditors. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 4 Dairy Produce Marketing and Levy Act, 1961 (Chapter 234) Zambia Repealed - 13 Verify source ↗
Duties of auditors .................................................................................................................................................................................. 5
Auditors must certify at least once each financial year on the matters listed in this section.
13. Duties of auditors It shall be the duty of the auditors to certify not less than once in each financial year whether or not— (a) they have received all the information and explanations which, to the best of their knowledge and belief, were necessary for the performance of their duties as auditors; and (b) the accounts of the Board have been properly kept; and (c) the accounts of the Board present a true and fair view of the financial position of the Board according to the information and explanations given and the books and records produced to them; and (d) the Board has complied with the provisions of this Part with which it is the duty of the Board to comply and with their requirements as auditors. Part III – Functions, powers and duties of Board
Part
Part III – Functions, powers and duties of Board
- 14 Verify source ↗
Functions of Board ................................................................................................................................................................................ 5
The Board must buy prescribed-price butterfat, cream, or milk delivered to its depots, manufacture and prepare milk products, and market milk and milk products.
14. Functions of Board (1) The functions of the Board shall, subject to the provisions of this Act and any direction given to the Board by the Minister, be to— (a) buy at the appropriate prescribed prices any butterfat, cream or milk which is delivered by a registered producer-wholesaler of butterfat, cream or milk, as the case may be, to any depot appointed by the Board for the purpose; and (b) manufacture and prepare milk products; and (c) market, within and outside Zambia, milk and milk products. (2) Nothing in paragraph (a) of subsection (1) shall be construed as precluding the Board when performing its function referred to in that paragraph from directing a registered producer- wholesaler to deliver his butterfat, cream or milk during such periods and to such depot appointed by the Board for the purpose of the delivery to the Board of butterfat, cream or milk, as the case may be, as the Board may specify. (3) If the Board directs a registered producer-wholesaler to deliver his butterfat, cream or milk to a depot other than the depot appointed by the Board for the purpose of the delivery to the Board of butterfat, cream or milk, as the case may be, which is nearest to the place at which he produces milk, the Board shall pay to him so much of the reasonable transport costs incurred by him in delivering his butterfat, cream or milk to the depot specified by the Board as exceeds the reasonable transport costs which he would have incurred had he delivered his butterfat, cream or milk to that depot nearest to the place at which he produces milk. [As amended by G.N. No. 91 of 1964] - 15 Verify source ↗
Powers of Board ..................................................................................................................................................................................... 5
The Board may do things listed in the Schedule, but only with the Minister’s approval.
15. Powers of Board (1) Subject to the provisions of this Act, the Board may, with the approval of the Minister, do all or any of the things specified in the Schedule either absolutely or conditionally and whether solely or jointly with others. (2) The Minister may approve the exercise by the Board of the power to do a thing specified in the Schedule either generally or specially. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 5 Dairy Produce Marketing and Levy Act, 1961 (Chapter 234) Zambia Repealed
Part
Schedule either generally or specially.
- 16 Verify source ↗
Appointment of manager, etc. .......................................................................................................................................................... 6
The Board must appoint a Minister-approved manager, and it may also employ other persons and appoint agents inside or outside Zambia.
16. Appointment of manager, etc. For the better exercise of the functions and powers of the Board, the Board— (a) shall appoint a person, approved by the Minister, as manager in whom, subject to the control of the Board, shall be vested the management of the operations, undertakings and property of the Board; and (b) may, within or outside Zambia, employ such persons, other than a manager, and appoint such agents as the Board may consider expedient for the purpose. [As amended by G.N. No. 91 of 1964] - 17 Verify source ↗
By-laws of Board .................................................................................................................................................................................... 6
The Board may make by-laws if the Minister approves.
17. By-laws of Board The Board may, with the approval of the Minister, make by-laws for— (a) the good management and conduct of the operations, undertakings and property of the Board; and (b) the conditions of service of persons in the Board's employ; and any other matter in the opinion of the Board necessary or convenient to be provided in connection therewith. - 18 Verify source ↗
Reports of Board .................................................................................................................................................................................... 6
The Board must submit an annual report and other reports to the Minister when required; it may also send other reports it considers advisable.
18. Reports of Board The Board shall submit an annual report and in addition— (a) may submit to the Minister such other reports as the Board may deem advisable; and (b) shall submit to the Minister such other reports as the Minister may require; in regard to the operations, undertakings and property of the Board. [As amended by G.N. No. 91 of 1964] Part IV – Imposition of levy on dairy produce
Part
Part IV – Imposition of levy on dairy produce
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Imposition of levy ................................................................................................................................................................................. 6
A levy applies to certain dairy produce in Zambia, and the Minister may set the levy rate, subject to the Act.
19. Imposition of levy (1) There shall, subject to the provisions of this Act, be a levy or levies at such rate or rates, not exceeding in the case of milk delivered to the Board a rate of one ngwee for every 4.5 litres, as the Minister may prescribe on such dairy produce produced, manufactured or prepared in Zambia as the Minister may determine. (2) No levy shall be payable on dairy produce which is produced, manufactured or prepared by a producer and consumed by him, members of his household or his servants. [As amended by G.N. No. 91 of 1964] - 20 Verify source ↗
Payment, collection and remittal of levy ..................................................................................................................................... 6
The Minister must prescribe who pays, collects, and remits the levy, and set the manner and timing for those payments.
20. Payment, collection and remittal of levy (1) The Minister shall prescribe— (a) the persons who shall be responsible for the payment of a levy; and (b) the persons who shall be responsible for the collection and remittal of a levy; and (c) the manner and times at which a levy shall be paid, collected and remitted. (2) A levy shall be remitted to the Board. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 6 Dairy Produce Marketing and Levy Act, 1961 (Chapter 234) Zambia Repealed - 21 Verify source ↗
Minister may make different provision in respect of different classes of dairy produce ............................................. 7
The Minister may set different rules for different classes of dairy produce, areas, and persons, and may vary how levies are paid, collected, remitted, or exempted.
21. Minister may make different provision in respect of different classes of dairy produce (1) In prescribing the persons, the rate of a levy and other matters which by this Part are required or permitted to be prescribed, the Minister may— (a) make different provision in respect of different classes of dairy produce and different areas in which dairy produce is produced, manufactured, prepared, sold or dealt in; and (b) make no provision in respect of particular classes of dairy produce; and (c) make different provision in respect of different classes of persons prescribed for the purposes of section twenty; and (d) provide that a levy may be paid, collected or remitted by different methods or at different times; and (e) provide for exemptions from a levy. (2) In prescribing classes of dairy produce for the purposes of this Part, the Minister may have regard, amongst other things, to the purposes for which or the manner or areas in which or the persons by whom dairy produce is produced, manufactured, prepared, sold or dealt in. - 22 Verify source ↗
Withdrawal or suspension of levy ................................................................................................................................................... 7
The Minister may make regulations to withdraw a levy or suspend it, in whole or in part.
22. Withdrawal or suspension of levy The Minister may by regulation— (a) withdraw a levy; or (b) suspend a levy in whole or in part. - 23 Verify source ↗
Summary judgment for levy in criminal proceedings .............................................................................................................. 7
If someone is convicted for failing to pay, collect, or remit a levy, the court may, on the prosecutor’s application, enter summary judgment for the levy amount in favour of the Board.
23. Summary judgment for levy in criminal proceedings (1) On the conviction of a person for an offence of failing or refusing to pay a levy or to collect or remit a levy to the Board in terms of this Act, the court convicting the accused may, on the application of the prosecutor and in addition to any penalty which it may inflict, give summary judgment against the accused in favour of the Board for the amount of the levy to which the offence relates. (2) A judgment given by a court in terms of subsection (1) shall have the same force and effect and may be executed in the same manner as if the judgment had been given in a civil action instituted in the court. - 24 Verify source ↗
Recovery of levy ..................................................................................................................................................................................... 7
The Board may sue in a competent court to recover a levy due under the Act from a person who must pay it or collect and remit it.
24. Recovery of levy The Board may, by civil action in a competent court, recover the amount of a levy which is due in terms of this Act from a person required in terms of this Act to pay the levy or to collect and remit the levy to the Board. Part V – Marketing of dairy produce
Part
Part V – Marketing of dairy produce
- 25 Verify source ↗
Restriction on sale of certain dairy produce ............................................................................................................................... 7
Certain dairy produce may not be sold unless the seller is registered, with specific exceptions.
25. Restriction on sale of certain dairy produce (1) No person who is not a registered producer-retailer shall sell within a prescribed area cream, milk or skim milk which has not been acquired from or is not the property of the Board: Provided that the provisions of this subsection shall not apply to— (i) the sale of cream which has been sterilised and placed in hermetically sealed containers; or (ii) the sale of cream, milk or skim milk by or to the Board or a prescribed dealer or member of a prescribed class of dealers. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 7 Dairy Produce Marketing and Levy Act, 1961 (Chapter 234) Zambia Repealed (2) No producer shall sell milk or a milk product unless— (a) he is a registered producer-wholesaler of milk or, as the case may be, the milk product; or (b) he is a registered producer-retailer: Provided that the provisions of this subsection shall not apply to a prescribed producer or a member of a prescribed class of producers. (3) No producer shall sell milk or a milk product by retail unless he is a registered producer-retailer: Provided that the provisions of this subsection shall not apply to a prescribed producer or a member of a prescribed class of producers. (4) No registered person shall sell— (a) milk or a milk product otherwise than in accordance with the conditions imposed upon him on registration; or (b) milk of which he is not the producer: Provided that a registered producer-retailer may with the consent of the Board sell milk acquired by him from the Board; or (c) a milk product which has not been manufactured or prepared by him from milk of which he is the producer: Provided that a registered person who is the holder of a trading licence issued in terms of the Trades Licensing Act may sell— (i) cream such as is referred to in paragraph (i) of the proviso to subsection (1) and condensed, dried and evaporated milk; and (ii) any other milk product which has been imported into Zambia or has been acquired from or is the property of the Board. [Cap. 393] [As amended by G.N. No. 91 of 1964 and S.I. No. 176 of 1965] - 26 Verify source ↗
Registration, etc., of producer-wholesalers and producer-retailers .................................................................................... 8
Applicants for dairy producer registration must apply to the Board on time and give required details; the Board may refuse, register with conditions, vary conditions, or cancel registration on request.
26. Registration, etc., of producer-wholesalers and producer-retailers (1) An application for registration as a producer-wholesaler of milk or a milk product or as a producer- retailer shall be made to the Board within the time prescribed. (2) An applicant for registration shall state in his application— (a) the address of the place at which he produces milk; and (b) whether he wishes to be registered as a producer-wholesaler of milk or milk products or milk and milk products or as a producer-retailer; and (c) if he wishes to be registered as a producer-wholesaler of milk products, the milk products in respect of which he wishes to be registered; and (d) if he wishes to be registered as a producer-retailer— (i) whether he wishes to sell milk or milk products or milk and milk products; and (ii) the milk products, if any, he wishes to sell; and (iii) the area within which he proposes to sell milk or milk products or milk and milk products; and By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 8 Dairy Produce Marketing and Levy Act, 1961 (Chapter 234) Zambia Repealed (e) whether or not he is or his premises are registered in terms of the Dairies and Dairy Produce Act; and [Cap. 230] (f) such other particulars as may be prescribed. (3) The Board may refuse to register an applicant for registration as a producer-retailer if the registration of the applicant would not, in the opinion of the Board, be conducive to the orderly and efficient marketing of the dairy produce in respect of which application for registration is made. (4) The Board may register an applicant for registration subject to such reasonable conditions as the Board may deem expedient to impose. (5) The Board may, with the consent or on the application of a registered person, vary the conditions subject to which the registered person was registered by the Board in terms of subsection (4). (6) The Board shall cancel the registration of a registered person if the registered person applies to the Board for the cancellation of his registration. (7) An applicant for registration whose application is refused by the Board in terms of subsection (3) or a registered person who is aggrieved by a condition imposed upon him on registration shall have a right of appeal to the Minister. (8) The registration of a person in terms of this Act shall not have the effect of exempting him from any liability to register in terms of the Dairies and Dairy Produce Act. [Cap. 230] [As amended by No. 32 of 1962 and S.I. No. 176 of 1965] - 27 Verify source ↗
Disposal of dairy produce rejected by Board .............................................................................................................................. 9
The Board may reject dairy produce that does not meet the applicable quality standard, and if it does, it must notify the producer-wholesaler and issue a rejection certificate.
27. Disposal of dairy produce rejected by Board (1) The Board may refuse to buy butterfat, cream or milk delivered to a depot by a registered producer- wholesaler which does not conform with the standard of quality, if any, fixed in relation to the appropriate prescribed price for butterfat, cream or milk or the lowest standard of quality fixed in relation to the appropriate prescribed price for any class of butterfat, cream or milk, as the case may be. (2) If the Board refuses to buy butterfat, cream or milk referred to in subsection (1), the Board shall— (a) (b) immediately advise the registered producer-wholesaler by whom the butterfat, cream or milk was delivered that the Board has rejected the butterfat, cream or milk; and issue to the registered producer-wholesaler referred to in paragraph (a) a certificate of rejection stating the Board's reasons for rejecting the butterfat, cream or milk. (3) Unless a registered producer-wholesaler by whom butterfat, cream or milk is delivered to the Board otherwise directs before or at the time of delivery, the Board may— (a) make use of any of the butterfat, cream or milk of the registered producer-wholesaler which is rejected by the Board for the benefit of the registered producer-wholesaler; or (b) return any butterfat, cream or milk of the registered producer-wholesaler which is rejected by the Board to the registered producer-wholesaler at his expense; or (c) destroy any butterfat, cream or milk of the registered producer-wholesaler which is rejected by the Board without paying him compensation. (4) The Board shall issue a receipt for all butterfat, cream or milk delivered to the Board by a registered producer-wholesaler which the Board does not reject. (5) The risk in any butterfat, cream or milk delivered to the Board by a registered producer-wholesaler shall not pass to the Board until issue of the Board's receipt. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 9 Dairy Produce Marketing and Levy Act, 1961 (Chapter 234) Zambia Repealed Part VI – General provisions
Part
Part VI – General provisions
- 28 Verify source ↗
Proceedings on failure of Board to comply with Act ............................................................................................................. 10
If the Board fails to comply with the Act or a direction under it, the Minister may require the Board to fix the default in writing, and may then go to the High Court if the Board still does not comply.
28. Proceedings on failure of Board to comply with Act (1) (2) If at any time it appears to the Minister that the Board has failed to comply with the provisions of this Act or a direction given to the Board in terms of this Act, he may, by notice in writing, require the Board to make good the default within a specified time. If the Board fails to comply with a notice referred to in subsection (1), the Minister may apply to the High Court for an order compelling the Board to remedy the default and the High Court may make such order on the application as it thinks fit. [As amended by G.N. No. 91 of 1964] - 29 Verify source ↗
Appointment of inspectors .............................................................................................................................................................. 10
The Minister may appoint inspectors and, with the required consent, give inspector powers and duties to certain people in the public service, the Zambia Police Force, local authorities, or the Board.
29. Appointment of inspectors (1) Subject to the provisions of any written law governing the public service, the Minister may for the purpose of this Act appoint persons as inspectors. (2) With the consent of the President, the Minister may confer all or any of the powers and impose all or any of the duties of an inspector under this Act upon any person or class of persons in the public service or in the Zambia Police Force. (3) With the consent of a local authority, the Minister may confer all or any of the powers and impose all or any of the duties of an inspector under this Act upon any person or class of persons in the employ of the local authority. (4) With the consent of the Board, the Minister may confer all or any of the powers and impose all or any of the duties of an inspector under this Act upon any person or class of persons in the employ of the Board. [As amended by G.N. No. 91 of 1964 and S.I. No. 176 of 1965] - 30 Verify source ↗
Offences .................................................................................................................................................................................................. 10
A person commits an offence if they obstruct an inspector, fail to produce requested dairy produce or records, give false or incomplete returns or information, breach the Act or regulations, or act against a registration condition.
30. Offences (1) A person who— (a) obstructs an inspector in the performance of his duties or the exercise of powers conferred by or in terms of a provision of regulations or, on being required to do so, does not produce to an inspector or a police officer for inspection dairy produce or any books or records relating thereto which are in his possession or under his control; or (b) fails or refuses to furnish a return or to supply information in the manner and in the time prescribed or furnishes a false or incomplete return or supplies false or incomplete information; or (c) contravenes or fails to comply with a provision of this Act or of regulations or with an order or direction made or given thereunder with which it is his duty to comply; or (d) does an act contrary to a condition imposed upon him on registration; shall be guilty of an offence and liable— (i) on first conviction, to a fine not exceeding one thousand five hundred penalty units or, in default of payment, to imprisonment for a period not exceeding three months, or to such imprisonment without the option of a fine, or to both; and (ii) on a second or a subsequent conviction, to a fine not exceeding three thousand penalty units or, in default of payment, to imprisonment for a period not exceeding six months, or to such imprisonment without the option of a fine, or to both. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 10 Dairy Produce Marketing and Levy Act, 1961 (Chapter 234) Zambia Repealed (2) If a registered person is convicted of an offence in terms of this Act, the court convicting him may, on the application of the Board and in addition or as an alternative to any other penalty it may inflict, order the cancellation of his registration for the whole or such part of the current period of registration prescribed in terms of section thirty-one as the court may deem fit. [As amended by Act No. 13 of 1994] - 31 Verify source ↗
Regulations ............................................................................................................................................................................................ 11
The Minister may make regulations about matters under the Act, and the regulations may cover records, returns, inspections, seizures, appeals, prices, and registration periods. The Board may also buy dairy produce at prices it considers expedient.
31. Regulations (1) The Minister may by regulation prescribe all matters which by this Act are required or are permitted to be prescribed or which in his opinion are necessary or convenient to be prescribed for carrying out or giving effect to the provisions of this Act. (2) Without derogation from the generality of the provisions of subsection (1), the Minister may in the exercise of the powers conferred upon him by that subsection provide for— (a) (b) (c) (d) (e) (f) (g) the books and records to be kept and the returns and information to be furnished to the Board by registered persons and dealers; and the form in which and the period within which the returns referred to in paragraph (a) shall be furnished; and the information to be contained in returns referred to in paragraph (a) and the information and documents to be supplied in connection with applications for registration; and the hearing and determination of appeals to the Minister for which provision is made in this Act and the making, return and forefeiture of deposits and the procedure to be followed in connection therewith; and the inspection by inspectors of dairy produce and premises where dairy produce is produced, manufactured, handled, graded, treated, processed, prepared, sold, stored or dealt in; and the seizure by an inspector who shall issue a receipt therefor of books and documents and dairy produce which, in the opinion of the inspector, may afford evidence of a contravention of the provisions of this Act, and the doing of such other things as may appear to the inspector to be necessary for ascertaining whether compliance has been made with the provisions of this Act; and the prescribing, whether by reference to the amounts delivered to the Board during any fixed period and the amounts used by the Board during any fixed period for different purposes or one or other of those factors, retrospectively or otherwise, of maximum, minimum or specified prices which shall be paid by the Board for butterfat, cream or milk delivered to the Board by registered producer-wholesalers in accordance with the provisions of this Act and the directions of the Board; and (h) the prescribing of maximum, minimum or specified prices— (i) at which prescribed classes of dairy produce imported into or produced, manufactured or prepared in Zambia shall be sold; and (ii) which shall be paid for prescribed classes of dairy produce produced, manufactured or prepared in Zambia; and (i) the prescribing of the periods during which persons who are registered in terms of section twenty-six shall, subject to the provisions of that section, remain registered and of matters ancillary or incidental thereto. (3) The Minister may, in the exercise of the power conferred upon him by subsection (1), make different provision in respect of different classes of registered persons and dealers, different classes of appeals and different classes of dairy produce and make no provision in respect of particular classes of registered persons and dealers and particular classes of dairy produce. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 11 Dairy Produce Marketing and Levy Act, 1961 (Chapter 234) Zambia Repealed (4) Nothing in this section shall be construed as precluding the Board from buying— (a) butterfat, cream or milk or other dairy produce otherwise than at a depot referred to in paragraph (a) of subsection (1) of section fourteen; or (b) butterfat, cream or milk delivered to a depot referred to in paragraph (a) of subsection (1) of section fourteen by a person who is not a registered producer-wholesaler; at such prices as the Board may deem expedient. [As amended by No. 32 of 1962 and G.N. No. 91 of 1964] - 32 Verify source ↗
Information to be confidential ....................................................................................................................................................... 12
Information in certain Board contracts and returns must not be disclosed, except with the Minister’s permission or if a competent court orders disclosure.
32. Information to be confidential No information contained in any contract entered into by the Board in the exercise of the functions of the Board or in any return furnished to the Board shall, unless it is ordered to be disclosed by order of a competent court, be disclosed to any person, other than the Minister or an officer of the Board or the Department of Agriculture, without the permission of the Minister. Schedule (Section 15) Powers of Board
Part
Schedule (Section 15)
- 1 Verify source ↗
Short title .................................................................................................................................................................................................... 1
The Board may set up and run dairy-related facilities and may acquire property and related rights for that purpose.
1. To acquire, establish and construct dairies, creameries, factories and other works within Zambia and to provide, maintain and operate distributing, handling and processing facilities and depots within or outside Zambia necessary or convenient for or ancillary to the exercise of the functions of the Board, and for that purpose to buy, take on lease or in exchange, hire or otherwise acquire immovable property and interests therein and rights over the same and concessions, grants, rights, powers and privileges in relation thereto. [As amended by G.N. No. 91 of 1964] - 2 Verify source ↗
Interpretation ............................................................................................................................................................................................. 1
The Board may buy, exchange, hire, or otherwise acquire movable property, including vehicles, machinery, plant, and other apparatus needed for its functions.
2. To buy, take in exchange, hire or otherwise acquire movable property including vehicles, machinery, plant and other apparatus necessary or convenient for or ancillary to the exercise of the functions of the Board. - 3 Verify source ↗
Conduct of financial affairs of Board ............................................................................................................................................... 2
This provision concerns maintaining, altering, and improving property acquired by the Board.
3. To maintain, alter and improve property acquired by the Board. - 4 Verify source ↗
Board to make certain charges to revenue account, etc. .......................................................................................................... 3
The Board may acquire and use certain patents, licences, concessions, information, and processes, and may grant licences or otherwise exploit them.
4. To apply for, buy or otherwise acquire patents, licences, concessions or the like conferring an exclusive or non-exclusive or limited right to use information or a process which may seem to the Board capable of being used for the purposes of the Board or the acquisition of which may seem to the Board calculated, directly or indirectly, to benefit the Board, and to use, exercise, develop and grant licences in respect of or otherwise turn to account rights, information and processes so acquired. - 5 Verify source ↗
Board to make provision for the redemption of loans .............................................................................................................. 3
The Board may make contracts to carry out work connected with dairy produce and ices and flavoured milk products.
5. To carry out or enter into contracts for carrying out any work in connection with the production, handling, grading, treatment, processing, preparation, manufacture, purchase or sale, storage, import or export of dairy produce and ices and flavoured milk products. - 6 Verify source ↗
Establishment and operation of general reserve account of Board ...................................................................................... 3
This provision states that the business involves manufacturing and dealing in ices and flavoured milk products.
6. To carry on the business of manufacturers of and dealers in ices and flavoured milk products. - 7 Verify source ↗
Meeting of deficiencies .......................................................................................................................................................................... 3
The Board may buy, acquire, sell, dispose of, and act as agent for dairy produce and margarine, and may carry on business as dealers in dairy produce.
7. To buy or otherwise acquire such quantities of dairy produce for sale or for storage or for such other purposes as the Board may think desirable and sell and otherwise dispose of such dairy produce as and when the Board thinks fit and generally to carry on the business of dealers in dairy produce and, in so doing, to act as agents for the sale of dairy produce and margarine. - 8 Verify source ↗
Establishment of dairy produce price stabilisation fund ........................................................................................................... 3
The Board may make rules about delivery to the Board and the sale or disposal of dairy produce, ices, and flavoured milk products.
8. To make rules regulating the terms and conditions of delivery to the Board and of the sale and disposal by the Board of dairy produce and ices and flavoured milk products. - 9 Verify source ↗
Establishment of levy fund .................................................................................................................................................................. 4
This section concerns rules for the Board’s agents when receiving, handling, treating, storing, and despatching dairy produce, ices, and flavoured milk products.
9. To make rules in relation to the receipt, handling, treatment, storage and despatch of dairy produce and ices and flavoured milk products by the Board's agents. - 10 Verify source ↗
Income of Board exempt from income tax, etc. ........................................................................................................................ 4
This section describes carrying on the business of importing and exporting dairy produce, ices, and flavoured milk products.
10. To carry on the business of importers and exporters of dairy produce and ices and flavoured milk products. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 12 Dairy Produce Marketing and Levy Act, 1961 (Chapter 234) Zambia Repealed - 11 Verify source ↗
Accounts of Board ................................................................................................................................................................................. 4
The Board may make, change, end, or abandon arrangements with governments or authorities, and may seek rights, privileges, and concessions from them.
11. To enter into, renew, cancel or abandon arrangements with any government or authority, local or otherwise, that may seem conducive to the Board's objects or any of them, and to obtain from such a government or authority rights, privileges and concessions which the Board may think it desirable to obtain, and to carry out, exercise and comply with such arrangements, rights, privileges and concessions. - 12 Verify source ↗
Appointment of auditors and audit of Board's accounts ......................................................................................................... 4
The Board may sell or otherwise deal with its non-essential assets, and may also create mortgages, charges, and liens over its assets if required for a specified loan arrangement.
12. To sell, exchange, lease, mortgage, pledge, dispose of, turn to account, or otherwise deal with any assets of the Board or any part thereof which are not required for the purposes of the Board for such consideration as the Board may determine: Provided that the Board may create such mortgages, charges and liens upon all or any of its assets, whether present or future or required for the purposes of the Board or not, as may be required by the Land and Agricultural Bank of Zambia by way of security for a loan of five hundred and fifty thousand pounds which that Bank is hereby authorised to make to the Board in connection with the acquisition by the Board of the assets of the Co-operative Creameries of Northern Rhodesia Limited. [As amended by No. 32 of 1962] - 13 Verify source ↗
Duties of auditors .................................................................................................................................................................................. 5
The provision allows the specified board-related business to draw, make, accept, endorse, discount, execute, and issue negotiable instruments for its business purposes.
13. To draw, make, accept, endorse, discount, execute and issue for the purposes of the business of the Board promissory notes, bills of exchange, bills of lading, securities and other negotiable and transferable instruments. - 14 Verify source ↗
Functions of Board ................................................................................................................................................................................ 5
The Board’s function is to insure against losses, damages, risks, and liabilities it may incur.
14. To insure against losses, damages, risks and liabilities which the Board may incur. - 15 Verify source ↗
Powers of Board ..................................................................................................................................................................................... 5
The Board may make contracts and enter into, modify, or rescind suretyships and guarantees connected to its functions.
15. To make contracts and to enter into suretyships or give guarantees in connection with the exercise of the functions of the Board and to modify or rescind such contracts and to modify or rescind such suretyships or guarantees. - 16 Verify source ↗
Appointment of manager, etc. .......................................................................................................................................................... 6
Money may be raised temporarily or otherwise, using means and for purposes approved by the Minister.
16. To raise moneys, temporarily or otherwise, by such means and for such purposes as the Minister may approve. [As amended by G.N. No. 91 of 1964] - 17 Verify source ↗
By-laws of Board .................................................................................................................................................................................... 6
The Board may invest unused money, and may vary or realise those investments, with the Minister’s approval and on the advice of the Minister responsible for finance.
17. (1) To invest moneys of the Board not immediately required by the Board in such manner as the Board, with the approval of the Minister, acting on the advice of the Minister responsible for finance, may determine and to vary or realise investments so made. (2) To acquire, hold and dispose of shares in co-operative societies registered under the Co-operative Societies Act and co-operative organisations outside Zambia engaged in the handling or marketing of dairy produce and the acquisition and disposal of equipment used for those purposes. [As amended by G.N. No. 91 of 1964] - 18 Verify source ↗
Reports of Board .................................................................................................................................................................................... 6
The Board may pay remuneration and allowances, grant leave, and make gifts or bonuses for certain committee members and employees if it considers this fit.
18. To pay to members of a committee of the Board who are not members of the Board and to persons in the Board's employ such remuneration and allowances and to grant such leave of absence and make such gifts, bonuses and the like to persons in the Board's employ as the Board may consider fit. - 19 Verify source ↗
Imposition of levy ................................................................................................................................................................................. 6
The Board may arrange pecuniary benefits for its employees and their dependants when employment ends or if they become sick or injured.
19. To provide pecuniary benefits for persons in the Board's employ on their retirement, resignation, discharge or other termination of service or in the event of their sickness or injury and for their dependants, and for that purpose to effect policies of insurance, establish pension or provident funds or make such other provision as may be necessary to secure for persons in the Board's employ and their dependants any or all of the pecuniary benefits to which the provisions of this paragraph relate. - 20 Verify source ↗
Payment, collection and remittal of levy ..................................................................................................................................... 6
The Board may acquire dwelling-houses for people in its employ.
20. To purchase, take on lease or in exchange or otherwise acquire dwelling-houses for occupation by persons in the Board's employ. - 21 Verify source ↗
Minister may make different provision in respect of different classes of dairy produce ............................................. 7
This provision concerns buying land and building houses for people employed by the Board.
21. To purchase land and construct thereon dwelling-houses for occupation by persons in the Board's employ. - 22 Verify source ↗
Withdrawal or suspension of levy ................................................................................................................................................... 7
This provision concerns selling or leasing dwelling-houses and land for residential purposes to persons in the Board’s employ.
22. To sell or lease dwelling-houses and land for residential purposes to persons in the Board's employ. - 23 Verify source ↗
Summary judgment for levy in criminal proceedings .............................................................................................................. 7
The Board may make loans to its employees so they can buy vehicles, tools, or other equipment for use in their duties.
23. To make loans to persons in the Board's employ for the purpose of purchasing vehicles, tools or other equipment to be used by those persons in carrying out their duties. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 13 Dairy Produce Marketing and Levy Act, 1961 (Chapter 234) Zambia Repealed - 24 Verify source ↗
Recovery of levy ..................................................................................................................................................................................... 7
The Board may do things to improve its employees’ skills and its equipment’s efficiency, including helping provide training, education, and research facilities.
24. To do anything for the purpose of improving— (a) the skill, knowledge or usefulness of persons in the Board's employ; or (b) the efficiency of the equipment of the Board or the manner in which the equipment is operated; and in that connection to provide or assist other persons in providing facilities for training, education and research. - 25 Verify source ↗
Restriction on sale of certain dairy produce ............................................................................................................................... 7
This section sets out measures to improve the quality and production of dairy produce in Zambia and to encourage its consumption inside and outside Zambia.
25. To introduce, develop and give effect to measures for— (a) the improvement of, and the promotion of quality in, the production of dairy produce in Zambia such as the giving of prizes for specific or general competition in connection with the production, manufacture or preparation of dairy produce, the granting of money for the purposes of improving the quality of dairy livestock and the making of loans to registered persons for the purchase of equipment facilitating the production or handling of dairy produce; and (b) the encouragement of the consumption of dairy produce within and outside Zambia. [As amended by G.N. No. 91 of 1964] - 26 Verify source ↗
Registration, etc., of producer-wholesalers and producer-retailers .................................................................................... 8
This provision states the purpose of embarking on dairy research and related experimental work to improve the quality of dairy produce in Zambia, including buying, maintaining, and operating experimental equipment for that purpose.
26. To embark upon dairy research, to investigate problems affecting the dairy industry and to conduct experimental work for the purpose of improving the quality of dairy produce produced, manufactured or prepared in Zambia and for that purpose to purchase, maintain and operate experimental equipment. [As amended by G.N. No. 91 of 1964] - 27 Verify source ↗
Disposal of dairy produce rejected by Board .............................................................................................................................. 9
The Board may do things that are incidental or conducive to its functions or powers, including actions that help develop or increase the value of its operations, undertakings, and property.
27. Generally to do all such things as are incidental or conducive to the exercise of the functions of the Board or incidental to the powers specified in this Schedule or which are calculated directly or indirectly to enhance the value of or develop the operations, undertakings and property of the Board. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 14
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Dairy Produce Marketing and Levy Act, 1961
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