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Zambia Act or statute

Zambia legislation

Coffee Act, 1989

If a member’s office becomes vacant before the term ends, the Minister or the Association may appoint someone else, and that person serves only for the remaining term. The Board may appoint a Secr…

accountingaccountsannual reportsappealsappointmentsapprovalaudit expensesauthorisationboard sealsborrowingbusiness operationsbusiness restrictionscertificate applicationscertificate issuancecertificate/licence cancellationcertificatesclassification appealsco-operative societiesco-operative society compliancecoffee businesscoffee classificationcoffee cultivationcoffee curingcoffee exportcoffee growingcoffee handlingcoffee industry regulationcoffee licensingcoffee marketingcoffee marketing and salecoffee processingcoffee productioncoffee sectorcoffee sector chargescoffee tradecommittee compositioncommittee governancecompliancecompliance reportingcourt orderscrop productiondocument copiesdocument executionestablishmentsfee settingfeesfinancial auditfinancial yearforfeitureformsfund administrationinspection and complianceinspectionsinternal procedurelabelling/markinglevieslicence applicationslicence cancellationlicence conditionslicence holderslicence refusallicence regulationlicence renewalBusiness registrationBusiness registrationmark registrationoffencesoffice tenurepenaltiesprocedureproduct approvalproduct gradingproduction standardsrecord inspectionrecord keepingrecordkeepingrecordsrecovery of debtsrefusalregistersregistrationregulatory compliancerenewalreportingresignationsample submissionsearch and seizuresecured borrowingseedling propagationtrade marksuse of distinguishing marksvacancy fillingwarehouse operations
Jurisdiction
Zambia
Structure
47 provisions
Citation
Act 24 of 1989
Dates
Source version 31 Dec 1996
More statute details
Dates
Source version 31 Dec 1996

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01

Purpose and legislative effect

“If a member’s office becomes vacant before the term ends, the Minister or the Association may appoint someone else, and that person serves only for the remaining term.”

If a member’s office becomes vacant before the term ends, the Minister or the Association may appoint someone else, and that person serves only for the remaining term. The Board may appoint a Secretary to the Board and set the Secretary’s terms and conditions. The Board must carry out a wide range of coffee-industry functions, including regulation, policy advice, promotion, research, licensing-related work, and other supportive activities. It may also delegate any of its functions to the Secretary in writing, on terms it considers necessary. The Board controls its seal and related signing arrangements, and certain documents can be used without the seal. The Coffee Licensing Committee is created, its members and chair are selected in specified ways, and the Committee may run its own procedure subject to Board direction.

02

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Filling of casual vancancy

If a member’s office becomes vacant before the term ends, the Minister or the Association may appoint someone else, and that person serves only for the remaining term.

Section 5

Applications for certificates by co-operative society

A registered co-operative society applying for a coffee certificate or renewal must file the prescribed form and fee, a member schedule, and, for coffee-growing applications, land details for each member.

Section 22

Register of distinguishing marks

The Coffee Licensing Committee must keep a register of approved distinguishing marks, and the Board must publish the registered details in the Gazette.

Section 33

Coffee Pool Fund

A Coffee Pool Fund is established under the Association’s control, with money paid in and out for coffee-related purposes.

Section 45

Regulations

The Minister may make regulations by statutory instrument for the Act, including rules about fees, forms, licences, storage, records, returns, levies, and appeals.

Section 56

04

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Source record from zambialii.org · Source version 31 Dec 1996

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Showing 47 of 47 provisions

Provision 38Offence 8Commencement
§ 5Filling of casual vancancyProvision

If a member’s office becomes vacant before the term ends, the Minister or the Association may appoint someone else, and that person serves only for the remaining term.

5. Whenever the office of a member becomes vacant before the expiry of the term provided in section four the Minister or the Association, as the case may be, may appoint another person to be a member: Provided that such other person shall hold office only for the unexpired term of office of the person who vacated the office. Secretary
Section 5Verify source
§ 6SecretaryProvision
Section 6Verify source
§ 7Functions of BoardProvision

The Board must carry out a wide range of coffee-industry functions, including regulation, policy advice, promotion, research, licensing-related work, and other supportive activities. It may also delegate any of its functions to the Secretary in writing, on terms it considers necessary.

7. (I) The functions of the Board shall be to- (a) regulate the coffee industry for the Republic; (b) advise the Government on policies and measures relating to the coffee industry; (c) promote the sale of coffee; (d) encourage the production of good quality coffee; (e) implement the Government's policies relating to the coffee industry; (f) act as the agent of the Government in matters relating to the coffee industry; (g) co-operate, within the framework of any inter­ national organization or agreement, for the promo­ tion, control of production, or marketing, of coffee; (h) arrange, when so requested by the Government, for the representation of Zambia, on any international organization dealing with coffee, or at any interna­ tional conference relating to coffee; (i) experiment, investigate and conduct research in areas relating to coffee; • • Coffee [No. 24 of 1989 209 OJ in consultation with the Association- (i) set out licensing criteria for use by the Coffee Licensing Committee; (ii) lay down conditions for the control of coffee production; (iii) lay down conditions for the propagation of coffee seedlings; (iv) lay down conditions under which Arabica Coffee shall be grown in Zambia; (v) lay down terms and conditions for the importation and sourcing of coffee seed; (vi) establish a coffee classification system; (k) carry out such other activities as are necessary or conducive to the better performance of its functions. (2) The Board may, by directions in writing, and subject to such terms and conditions as it considers necessary, delegate to the Secretary any of its functions under this Act.
Section 7Verify source
§ 8Seal of BoardProvision

The Board controls its seal and related signing arrangements, and certain documents can be used without the seal.

8. ( l ) The seal of the Board shall be such device as may be determined by the Board and may be kept by the Secretary. Seal of Board (2) The Board may use a wafer or rubber stamp in lieu of the seal. (3) The affixing of the seal shall be authenticated by the Chairman or the Vice-Chairman, and the Secretary or one other person authorised in that behalf by a resolution of the Board. (4) Any contract or instrument which, if entered into or executed by a person not being a body corporate would not be required to be under seal, may be entered into or executed without seal on behalf of the Board by the Secretary or any other person authorised in that behalf by a resolution of the Board. (5) Any document purporting to be a document under the seal of the Board or issued on behalf of the Board shall be received in evidence and shall be deemed to be so executed or issued, as the case may be, without further proof, unless the contrary is proved. 212 No. 24 of 1989) Coffee conviction, to a fine not exceeding five thousand kwacha or to imprisonment for a term not exceeding three years, or to both. Coffee Licensing Committee
Section 8Verify source
§ 13Coffee Licensing CommitteeProvision

The Coffee Licensing Committee is created, its members and chair are selected in specified ways, and the Committee may run its own procedure subject to Board direction.

13. (1) There is hereby constituted the Coffee Ljcensing Committee which shall consist of- (a) a Chairman who shall be a member of the Board and who shall be elected by the Board; (b) three members of the Board who shall be appointed by the Chairman of the Committee after consulting the Chairman of the Board; and (c) three persons holding certificates issued under section twenty who shall be elected annually by the members of the Association. (2) A member of the Committee, other than the Chairman of the Committee, shall hold office for one year. (3) The Chairman of the Committee shall hold office for a period of two years and shall be eligible for re-election for another period of one year. ( 4) A member of the Committee may resign upon giving one month's notice in writing to the Board and may be removed by the Board at any time. (5) Subject to any specific or general direction of the Board the Committee may regulate its own procedure.
Section 13Verify source
§ 14Functions of the Coffee Licensing CommitteeProvision

The Committee may issue certificates and licences, approve distinguishing marks, and maintain the specified coffee register, subject to the Board’s control and directions.

14. (1) Subject to the control and directions of the Board, the functions of the Committee shall, on behalf of the Board be to- (a) issue certificates and licences in accordance with this Act; (b) approve distinguishing marks; (c) maintain a register of land planted with coffee, registered coffee growers, registered curing establish­ ment owners and distinguishing marks. (2) The Board may delegate to the Committee such other of its functions as it may consider necessary. Functions of the Coffee Licensing Committee Appeals Classifi­ cation Com:nittcc
Section 14Verify source
§ 15Appeals Classification CommitteeProvision

The Appeals Classification Committee is established, has up to five members appointed by the Board, and its members serve for one year.

15. (1) There is hereby constituted the Appeals Classifi­ cation Committee which shall-<:onsist of not more than five members who shall be appointed by the Board. Coffee [No. 24 of 1989 213 (2) A member of the Committee shall hold office for one year. (3) A member of the Committee may resign upon giving one month's notice in writing to the Board and may be removed by the Board at any time. (4) Subject to any specific or general direction of the Board the Committee may regulate its own procedure.
Section 15Verify source
§ 16Functions of the Appeals Classification CommitteeProvision

The Committee must hear and determine appeals by aggrieved registered coffee growers about the Association’s coffee classification.

16. ( 1) The functions of the Committee shall, on behalf of the Board, be to hear and determine appeals from aggrieved registered coffee growers on the classification, by the Association, of their coffee. (2) The Committee may request the Association to submit to it any samples or information the Committee considers necessary to help it determine the appeal. (3) The Committee may- (a) confirm the classification made by the Association; or (b) set aside the classification made by the Association and direct the Association to re-classify the coffee. PART III PRODUCTION, CURING, CLASIFlCATION, MARKETING AND EXPORT OF COFFEE Functions of the Appeals Classifi­ cation Commi11cc
Section 16Verify source

Part

PART III

§ 17Arabica Coffee to be grown in ZambiaOffence

Only Arabica Coffee may be grown in Zambia; anyone who breaches this rule commits an offence and is liable to the general penalty under section 55.

17. ( 1) No coffee other than Arabica Coffee shall be grown in Zambia. (2) Any person who contravenes subsection (l) shall be guilty of an offence and liable, upon conviction, to the general penalty imposed under sectionfifty-five.
Section 17Verify source
§ 18Functions of AssociationProvision

The Association may perform listed coffee-related functions, but it is subject to the Board’s control and direction. No person may grow or cure coffee without a valid certificate under this Part.

18. Subject to the general and specific control and direction of the Board, the Association may- Arabica Coffee 10 be grov.n in Zambia Function, of Assoc1u11on (a) regulate the production and curing of coffee; (b) collect, store, process, pack and market coffee; (c) negotiate, on behalf of registered coffee growers, the best price for coffee; (d) pay registered coffee growers for coffee sold by the Association on their behalf; and 214 No. 24 of 1989) Coffee Proh1bit1on on growing or curing coffee without a certificate Ccrtifica1es (e) appoint agents to assist the Association in the performance of any of its functions. 19. No person shall grow or cure coffee without a valid certificate issued under this Part.
Section 18Verify source
§ 20CertificatesProvision

The Coffee Licensing Committee may issue coffee certificates, and each certificate authorises its holder to do only the activities and within the limits stated in the certificate.

20. Subject to the other provisions of this Act, the Coffee Licensing Committee may issue the following certificates: (a) a coffee growers certificate which shall authorise the holder to grow coffee in such area or areas as may be specified in the certificate; (b) a coffee curing establishment certificate which shall authorise the holder to cure such description of coffee, by means of such machinery, and in such manner, as may be specified in the certificate. Aplica1ion for, renewal and refusal of, certificates
Section 20Verify source
§ 21Applications for, renewal and refusal of, certificatesProvision

Applications for a certificate or renewal must go to the Coffee Licensing Committee in the prescribed form with the prescribed fee. The Committee may vary renewal conditions and may refuse certificates on specified suitability grounds.

21. (I) Every application for a certificate or renewal of a certificate shall be made to the Coffee Licensing Committee in the prescribed form and shall be accompanied by the prescribed fee. (2) Where an application is made for a renewal of a certificate, the Coffee Licensing Committee may on applica­ tion of the applicant, vary the conditions specified in the certificate. (3) The Coffee Licensing Committee may refuse to issue a certificate to an applicant if it is satisfied that the applicant or a person employed by the applicant does not have sufficient knowledge or experience in the growing of coffee or the curing of coffee, as the case may be. (4) The Coffee Licensing Committee may refuse to issue a coffee curing establishment certificate if the curing establish­ ment is not properly equipped or if the installed machinery is not adequate or suitable for processing coffee to the standards set by the Association or is not in conformity with the laws relating to factories. Applica1ion for ccrtifica1es by co-opcrauve society Cap. 689
Section 21Verify source
§ 22Applications for certificates by co-operative societyProvision

A registered co-operative society applying for a coffee certificate or renewal must file the prescribed form and fee, a member schedule, and, for coffee-growing applications, land details for each member.

22. (I) Where an application for a certificate or renewal of a certificate is made by a co-operative society, registered under the Co-operative Societies Act, it shall submit to the Coffee Licensing Committee together with the prescribed form and fee- {a) a schedule specifying the names of the members of the co-operative society; and Coffee [No. 24 of 1989 215 (b) if the application relates to growing coffee, the description and acreage of the land on which each member may plant coffee; and each member shall be deemed to be registered as a coffee grower or an owner of a curing establishment except that a certificate shall be issued to the co-operative society.
Section 22Verify source
§ 23Conditions of certificatesProvision

Certificates under this Part must follow stated conditions, cannot be transferred, and coffee-related business must stay within the licensed premises. The Minister may impose additional conditions by statutory order.

23. A certificate issued under this Part shall be subject to the following conditions- Conditions of cert ilicates (a) unless earlier cancelled it shall remain in force- (i) in the case of a first certificate issued to a person who is planting coffee for the first time, for three years following the date of issue and shall thereafter be renewable annually; (ii) in the case of a certificate issued to a person who already has coffee under cultivation and which is mature, for one year following the date of issue and shall thereafter be renewable annuaJly; (iii) in the case of a coffee curing establishment certificate, for one year following the date of issue and shall thereafter be renewable annually; (b) it shall not be transferable; (c) the holder shall not carry on any business related to coffee on any premises or place except those stipulated in the licence; and (d) such other conditions as the Minister may, by statutory order, impose.
Section 23Verify source
§ 24Register of land planted with coffee, coffee growersOffence

The Coffee Licensing Committee must keep a register, and registered coffee growers and registered curing establishment owners must submit a written return when the Committee asks for one.

24. ( 1 ) The Coffee Licensing Committee shall maintain a register of all land planted with coffee, registered coffee growers and registered curing establishment owners. (2) For the purpose of the register a registered coffee grower and a registered curing establishment owner shall, upon request in writing by the Committee, submit to the Committee, a return containing such particulars as the Minister may, by statutory order, prescribe and the particulars shaJI be entered in the register. Register of land planted with coffee. coffee growers and registered curing establish­ ment owners 216 No. 24 of tg89] Coffee (3) Any registered coffee grower or registered curing establishment owner who- (a) fails or refuses to make a return when requested to do so; or (b) makes or causes to be made a return which to his knowledge is false in any particular; shall be guilty of an offence and shall be liable, upon conviction, to a fine not exceeding twenty thousand kwacha. Curing of coffee
Section 24Verify source
§ 25Curing of coffeeCommencement

Coffee may only be cured in a curing establishment, and anyone intending to run one must first get the Coffee Licensing Committee’s authority before buying machinery.

25. ( 1) No person shall cure coffee in any place other than in a curing establishment. (2) Any person who intends to operate a cu.ring establish­ ment shall obtain the authority of the Coffee Licensing Committee before be obtains any machinery for that purpose: Provided that the Minister may, by statutory order, prescribe the conditions under which any machinery obtained, 15 before the commencement of this Act, shall continue to be used and shall prescribe a time period in which- (aJ the conditions shall be complied with; or (b) if the conditions cannot be complied with, the machinery shall no longer be used. (3) Any person who contravenes subsections ( J ) and (2) shall be guilty of an offence and shall be liable, upon conviction, to the general penalty imposed under sectionfifty­ five. (4) Every curing establishment that buys or receives dried cherry or parchment coffee from any person shall report to the Association- (aJ the place where the coffee was grown; and (b) the quantity of coffee received. Classification of coffee
Section 25Verify source
§ 26Classification of coffeeProvision

Registered curing establishment owners must send coffee samples to the Association, and the Association must classify them and notify the grower and curing establishment owner within 14 days.

26. ( l ) The Association or its authorised agents shall be the sole classifiers of coffee in Zambia. (2) Every registered curing establishment owner shall send or cause to be sent to the Association, for purposes of classification, a sample of the coffee cured by him. (3) The Association shall, in accordance with the classifi­ cation system established by the Board, classify all coffee samples sent for classification under subsection (2). Coffee [No. 24 of 1989 217 (4) The Association shall, within fourteen days after receiving the coffee samples for classification, classify the coffee and notify the registered coffee grower and the registered curing establishment owner of the class in which the coffee has been classified.
Section 26Verify source
§ 27Appeals against classificationProvision

A registered coffee grower who disagrees with the classification of the coffee may appeal in writing to the Appeals Classification Committee within 21 days after receiving the section 26 notification.

27. Any registered coffee grower who is not satisfied with the class in which his coffee has been classified may, within twenty-one days of receipt of the notification given under section twenty-six, appeal in writing against the classification to the Appeals Classification Committee. Appeals against classificatio
Section 27Verify source
§ 28Coffee to be delivered to AssociationOffence

Registered coffee growers may only sell cured coffee to the Association, and only the Association may market cured coffee processed in Zambia.

28. (I) No registered coffee grower shall sell, deliver for sale or otherwise dispose of any cured coffee to any person other than to the Association. Coffee to be delivered lO Association (2) No person, other than the Association, shall market any cured coffee processed in Zambia. (3) Subject to the other provisions of this Act, the Associa­ tion shall, on such terms and 1,;onditions as it may lay down in regard to handling and delivery, accept all classified coffee and sell it on behalf of a registered coffee grower. (4) Nothing in subsection (2) shall apply to- (a) the purchase or acquisition by a licence holder of cured coffee from the Association; (b) the purchase or acquisition of roasted coffee from a retail seller for consumption. (5) Any person who contravenes subsections ( I ) or (2) shall be quilty of an off.rice and shall be liable, upon conviction, to the general penalty imposed under sectionfifty-five.
Section 28Verify source
§ 29Export of coffeeProvision

The Association or its authorised agents are the sole exporters of coffee.

29. The Association or its authorised agents shall be the sole exporters of coffee. Expon of coffee PART IV DISTINGUISHING MARKS
Section 29Verify source

Part

PART IV

§ 30Approval of distinguishing markProvision

Registered coffee growers must submit a copy of their distinguishing mark to the Coffee Licensing Committee for approval.

30. Every registered coffee grower shall submit a copy of his distinguishing mark to the Coffee Licensing Committee for approval. Approval of distinguishing mark
Section 30Verify source
§ 31Registration of distinguishing markProvision

If the Coffee Licensing Committee approves a mark submitted under section 30, it must register the mark and issue a certificate to the registered coffee grower.

31. Where the Coffee Licensing Committee approves a mark submitted to it under section thirty, it shall register the Registration of distinguishing mark N.A.B. 28, 1 989 218 No. 24 of 1989] Coffee mark and shall issue to the registered coffee grower a certificate in the prescribed form. Refusal to approve distinguishing mark
Section 31Verify source
§ 32Refusal to approve distinguishing markProvision

The Coffee Licensing Committee may refuse to approve a mark and can require an alternative mark; if it refuses, it must give reasons. An aggrieved person may appeal to the Board.

32. ( I) The Coffee Licensing Committee may refuse to approve a mark and may require the applicant to submit an alternative mark for its approval. (2) Where the Committee refuses to approve a distin­ guishing mark it shall give reasons for so refusing. (3) Any person aggrieved by a decision of the Committee may appeal to the Board who may either confirm the decision of the Committee or request t�e Committee to reconsider the submission made by the applicant. Register of d istinguishin g mark
Section 32Verify source
§ 33Register of distinguishing marksProvision

The Coffee Licensing Committee must keep a register of approved distinguishing marks, and the Board must publish the registered details in the Gazette.

33. ( I ) The Coffee Licensing Committee shall keep a register of approved distinguishing marks. (2) The Board shall publish in the Gazette details of all registered distinguishing marks. Use of distinguishing mark
Section 33Verify source
§ 34Use of distinguishing marksOffence

Only the holder of a certificate for a distinguishing mark may use that mark.

34. ( 1 ) No person, other than the holder of a certificate issued in relation to that distinguishing mark, shall use that mark. (2) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable, upon conviction, to the general penalty provided under sectionfifty-five. Marking of receptacle
Section 34Verify source
§ 35Marking of receptacleProvision

A registered coffee grower must not hand over coffee unless each bag or receptacle is clearly marked with the grower’s registered distinguishing mark.

35. ( I) A registered coffee grower shall not part with possession of any coffee unless each bag or receptacle in which the coffee is contained has been clearly marked on it the registered distinguishing mark of the registered coffee grower. (2) For the purposes of this section, a bag or receptacle in which coffee is contained shall be clearly marked if the registered distinguishing mark is either- (a) made on a cloth tag firmly sewn on the bag or receptacle in letters or figures which are easily distinguishable; or (b) stencilled on the bag or receptacle in letters or figures which are easily distinguishable. PART V LICENSING
Section 35Verify source

Part

PART V

§ 36Prohibition in dealing in coffee without a licenceProvision

A person must not buy, roast, warehouse, export, or otherwise deal in coffee for commercial purposes without a valid licence under this Part, subject to section 28.

36. Subject to section twenty-eight, no person shall buy, Prohibition in d�aJing in �offee roast, warehouse, export or otherwise deal in any coffee, for without a licence Coffee [No. 24 of 1989 219 commercial purposes, without a valid licence issued under this Part.
Section 36Verify source
§ 37LicencesProvision

The Coffee Licences Licensing Committee may issue four kinds of coffee licences.

37. Subject to the other provisions of this Act, the Coffee Licences Licensing Committee may issue the following licences: (a) a coffee dealer's licence which shall authorise the holder, being an authorised agent of the Associa­ tion, to purchase, sell or otherwise deal in coffee or coffee of a description SJ?ecified in the licence; (b) a coffee roasting licence which shall authorise the holder to roast coffee for wholesale; (c) a coffee warehouse licence which shall authorise the holder to conduct the business of a coffee warehouse­ man; (d) a seedling propagating licence which shall authorise the holder to propagate coffee seedlings.
Section 37Verify source
§ 38Applications for, renewz.l and refusal of, licencesProvision

Licence and renewal applications must be made to the Coffee Licensing Committee in the prescribed form with the prescribed fee; the Committee may refuse certain coffee licences in specified cases.

38. ( l ) Every application for a licence, or a renewal of a licence, shall be made to the Coffee Licensing Committee in the prescribed form and shall be accompanied by the prescribed fee. (2) The Committee may refuse to issue a coffee roasting licence or a coffee warehouse licence if the works or premises are not properly equipped or if the installed machinery is not adequate or suitable for producing roasted coffee of good quality, or the premises are not in conformity with the law relating to factories. (3) The Committee shall not issue a licence to any person if it is satisfied that the applicant or a person employed by him does not have sufficient knowledge or experience in the coffee trade.
Section 38Verify source
§ 39Conditions of licencesProvision

A licence under this Part is subject to stated conditions, lasts one year unless cancelled earlier, cannot be transferred, and limits the holder’s coffee-related business to the premises named in the licence.

39. A licence issued under this Part shall be subject to the following conditions: (a) unless earlier cancelled, it shall remain in force for one year following the date of issue; (b) it shall not be transferable; (c) the holder shall not carry on any business related to coffee on any premises or place except those stipulated in the licence; and Applica1ions for, renewal and refusal of, licences Conditions of Licences 220 No. 24 of 1989] ----------------- Coffee (d) such other conditions as the Minister may, by statutory order, impose. Register to be kept by licence bolder
Section 39Verify source
§ 48AccountsOffence

A licence holder must keep a detailed coffee register on the premises and let the Board or its inspector inspect it at reasonable times.

48. ( 1 ) A licence holder shall at all times maintain, on his premises, a register in which shall be recorded, as applicable to his licence- (a) all purchases, sales or movement of coffee; (b) the quantity of coffee processed; (c) the name and address of the owner, vendor or purchaser, of the coffee; (d) the date of each transaction. (2) A register maintained in accordance with subsection ( I ) shall be open to inspection, at all reasonable times, by the Board or by an inspector appointed by the Board. (3) Any licence holder who contravenes subsection ( 1 ) or (2) shall be guilty of an offence and liable, upon conviction, to a fine not exceeding twenty thousand kwacha. Cancellation of licences
Section 48Verify source
§ 41Cancellation of licencesProvision

The Coffee Licensing Committee may cancel a licence if the holder breaks or fails to comply with licence conditions, but it must give 30 days’ notice first and later tell the holder the reasons for cancellation.

41. (I ) Subject to subsection (2) the Coffee Licensing Committee may cancel a licence issued under this Part if the licence holder has contravened, or failed to comply with, any of the conditions subject to which his licence was issued. (2) The Committee shall, before cancelling any licence issued under this part, give the licence holder thirty days notice of its intention to cancel the licence if the holder does not take such measures as the Committee may specify in the notice. (3) A licence holder may, within fourteen days of receiving the notice issued under subsection (2), make representations to the Committee giving the reasons why he has contravened or failed to comply with the conditions of his licence and shaU inform the Committee of any remedial measures taken by him. ( 4) If after the expiry of the thirty days notice and if the Committe is not satisfied with the representations made by the licence holder and where the Committee is not satisfied with any remedial measures taken, it may cancel the licence. (5) Where a licence is cancelled under this section, the Coffee Licensing Committee shall inform the licence holder of 35 the reasons for the cancellation. Coffee [No. 24 of 1989 221
Section 41Verify source
§ 42Licences held by co-operative societyProvision

If a licence is issued to a registered co-operative society, a schedule with members’ names must be attached, and each member is treated as a licence holder for this Act.

42. ( l ) Where any licence is issued to a co-operative society registered under the Co-operative Societies Act, there shall be attached to the licence a schedule specifying the names of members of the society. Licences b<:ld by co-operative society Cap. 68'1 Appeals relating to licences (2) Each member of,.. the co-operative society shall be deemed to be a licence holder for the purposes of this Act.
Section 42Verify source
§ 43Appeals relating to licencesProvision

A person aggrieved by certain Coffee Licensing Committee decisions may appeal in writing to the Board within 30 days.

43. ( I ) Any person aggrieved by- (a) the refusal of the Coffee Licensing Committee to issue or renew a licence; (b) the cancellation of his licence; (c) any restrictions imposed on his licence; may, within thirty days of the receipt of the notification to him of the issue, refusal or cancellation, as the case may be, appeal in writing to the Board. (2) On any appeal made under subsection ( I ), the Board may confirm, set aside or vary the decision of the Coffee Licensing Committee. PART V I FINANCE
Section 43Verify source

Part

PART V I

§ 44LeviesProvision

The Association may impose levies, and must impose specified coffee levies, but may not levy coffee samples of a specified quantity.

44. ( I ) Subject to subsection (3), the Association may, by Levies notice in the Gazette, on the recommendation of the Board, impose such levies as it may consider necessary and. in particular, shall impose the following levies: (a) growers Levy which shall be levied on the basis of hectarage under coffee which is mature; (b) coffee Levy which shaJI be levied on all clean coffee delivered to the Association during that crop year: Provided that the Association may classify the coffee levy into more than one class. (2) The rates payable for each levy or class of levy shall be determined by the Association and approved by the Board. (3) Notwithstanding subsection ( 1 ), the Association shall not impose any levy on coffee samples of a quantity to be determined by the Association. lll No. 24 of 1989J Coffee (4) A levy imposed under this section shall be a debt due to the association and shall be paid within a period determined by the Association or the Association may recover the levy owing by deducting it from any monies which may be due to that person from the Association. Coffee Pool Fund
Section 44Verify source
§ 45Coffee Pool FundProvision

A Coffee Pool Fund is established under the Association’s control, with money paid in and out for coffee-related purposes.

45. ( I ) There is hereby established a Coffee Pool Fund which shall be under the control of the Association and which shall consist of all monies derived from- (a) the sale of coffee by the Association; {b) payments made to the Association for administering the salt> of coffee on behalf of registered coffee growers; (c) levies imposed by the Association; and (d) such other monies as may vest in or accrue to the Association. (2) There shall be paid from the Coffee Pool Fund the following: (a) payments due to registered coffee growers for their coffee; {b) payments for insurance, transport, storage, broker­ age, commission and any other charges and expenses incurred by the Board or Association in the administration of this Act; (c) the remuneration of officers, servants and agents employed by the Board or the Association, for the performance of their functions under this Act; (d) such reasonable travelling and subsistence allowances for members of the Board or Association or members of a Committee, when performing their functions under this Act, at such rates as the Board may approve; (e) the cost of measures promoting agriculture, research or consumption of coffee. (3) The Board may direct the Association to apply certain monies from the Coffee Pool Fund for such other purposes as it may consider necessary. Coffee [No. 24 of 1989 223 (4) The Association may create reserve funds for such purposes as it may consider necessary.
Section 45Verify source
§ 46Power to borrow on security of Coffee Pool FundProvision

The Association may borrow money on the security of the Coffee Pool Fund for authorised purposes under the Act.

46. The Association may, for purposes for which it is authorised to expend money under this Act, borrow money on the security of the Coffee Pool Fund.
Section 46Verify source
§ 47Financial yearProvision

The Board’s financial year runs from 1 October to 30 September of the following year.

47. The financial year of the Board shall be from the I st October to the 30th September of the following year. Power lo borrow on s ecurity of Coffee Pool Fund Financial year
Section 47Verify source
§ 48AccountsProvision

The Association must keep proper books of account and other records about its accounts.

48. The Association shall cause to be kept proper books of A ccounts account and other records relating to its accounts.
Section 48Verify source
§ 49Audit of accountsProvision

The Board must appoint auditors each financial year to examine the Association’s accounts, and the Association must pay the audit expenses from the Coffee Pool Fund.

49. ( I ) The Board shall appoint auditors to examine the accounts of the Association at the end of each financial year. Audit of accounts (2) The expenses of any audit shall be borne and paid by the Association out of the Coffee Pool Fund. .'
Section 49Verify source
§ 50Annual reportProvision

The Board must send an annual report to the Minister within six months after each financial year, and the Minister must table it in the National Assembly within seven days after the next sitting after receipt.

50. ( I ) As soon as practicable, but not later than six months after the expiry of each financial year, the Board shall submit to the Minister a report concerning its activities and the activities of the Association during that financial year. Annual report (2) The report referred to in subsection ( I ) shall include information on the financial affairs of the Board and the Association and there shall be appended to the report- (a) an audited balance sheet; {b) an audited statement of income and expenditure; and (c) any other information the Minister may require. (3) The Minister shall lay the report referred to in subsection ( I ) before the National Assembly not later than seven days after the first sitting of the National Assembly next after the receipt of the report. PART VII M ISCELLANEOUS
Section 50Verify source

Part

PART VII

§ 51InspectorsProvision

The Board may appoint inspectors. An inspector must produce the certificate of appointment for inspection on demand by any person affected by the exercise of the inspector’s powers.

51. ( I ) In order to ensure compliance with the provisions of this Act, the Board may appoint such inspectors as it may consider necessary. Inspectors 224 No. 24 of 1989] Coffee (2) Every inspector shaJI be provided with a certificate of appointment which shall be prima facie evidence of the inspector's appointment as such. (3) An inspector shall, on demand by any person affected by the exercise of an inspector's powers under this Act, produce for inspection the certificate referred to in subsection (2).
Section 51Verify source
§ 52Powers of inspectors and police officersOffence

Inspectors and police officers have powers to search, seize, detain, arrest, inspect, and require information in coffee-related enforcement matters.

52. ( I ) In the performance of his duties, an inspector or a police officer shall have power- Powers of inspectors and police officers (a) with a warrant, to enter and search any premises upon which he has reason to believe there is coffee in respect of which an offence under this Act is being or has been committed, _and seize and remove any coffee found on the premises which he has reason­ able cause to believe may provide evidence of the offence: Provided that, before removing any coffee under this paragraph, the person removing it shall furnish the person in whose custody or possession the coffee is, at the time of removal, with a written receipt of the coffee; (b) to stop, search and detain any vehicle or other conveyance which he has reason to believe is being or has been used for conveying any r-offee in respect of which an offence is being or has been committed; (c) with a warrant, to inspect all books, records, returns, reports and other documents relating to coffee or to any purchase or sale of coffee; (d) to seize machinery or material which he has reason to believe an offence against this Act appears to have been or is likely to be committed; (e) without warrant, to arrest and detain any person who he has reason to believe has committed an offence under this Act; and (f) to require any person connected with the coffee business to supply any information relating to the purchase, sale or export of coffee. Coffee [No. 24 of 1989 225 (2) Any person detained or anything seized under this section shall forthwith be taken before a court to be deal th with according to law, and where it is not practicable to remove from its location any apparently unlawful means of processing or producing coffee, such means may forthwith be rendered inoperative. (3) An inspector or a police officer may request any person whom he sees doing an act for which a licence or certificate is required under this Act to produce his licence or certificate. (4) Any person who obstructs an inspector or police officer in the execution of his duties under this Act or who, without reasonable excuse, fails to comply with a request made under subsection (3) shall be guilty of an offence and shall be liable upon conviction to a fine not exceeding twenty thousand kwacha: Provided that where such person is on demand unable to produce any licence, or certificate issued under this Act, he shall not be guilty of an offence under this subsection- (a) if he produces the licence, or certificate within a reasonable time, not exceeding twenty-one days, to an inspector, a po�ice officer or the Association; and (b) explains to the inspector, police officer or the Association that the licence or certificate is produced in compliance with the demands of an inspector or police officer and names the place where the demand was made.
Section 52Verify source
§ 53Inspection of records of AssociationProvision

Registered coffee growers and paid up Association members may inspect the Association’s records, and may obtain copies of Board or committee proceedings or documents if they meet any prescribed conditions and pay the prescribed fee.

53. Any registered coffee grower or paid up member of the Association may, subject to any conditions as may be prescribed, inspect the records maintained by the Association and may, on payment of the prescribed fee, obtain copies of any proceedings or documents of the Board or of a Committee.
Section 53Verify source
§ 54Cancellation of certificate or licence by court orderOffence

If a person is convicted of an offence under this Act, the court may cancel that person’s certificate or licence and may also bar the person from getting another one for a period the court decides.

54. Where any person is convicted of an offence under this Act, the court may order the cancellation of any certificate or licence held by that person with effect from such date as the court may consider reasonable to enable him to dispose of any stocks of coffee in his possession; and may further order that the person shall not be issued with any further certificate or licence for such period as the court thinks fit. ln spcc1,on of records of AssociHtion Cancella1ion of cenilic�tc or licence by court order
Section 54Verify source
§ 55General penaltyOffence

A person convicted of an offence under the Act with no specific penalty can be fined up to 100,000 kwacha or imprisoned for up to 3 years, or both. The court may also order forfeiture of relevant coffee or machinery.

55. ( I) Any person who is convicted of an offence under this Act for which no specific penalty has been provided shall General penalt, 226 No. 2-1 of 1919) Coffee be liable to a fine not exceeding one hundred thousand kwacha or to imprisonment for a period not exceeding three years, or to both. (2) Where any person is convicted of an offence under this Act, the court may order, in addition to any other punishment that it may impose, that any coffee or machinery in respect of which the offence was comitted be forfeited. Regulations
Section 55Verify source
§ 56RegulationsProvision

The Minister may make regulations by statutory instrument for the Act, including rules about fees, forms, licences, storage, records, returns, levies, and appeals.

56. ( l ) The Minister may, by statutory instrument, make regulations for the better carrying out of the purposes of this Act. (2) Without prejudice to the generality of subsection ( 1 ), the Minister may after consultation with the Board make regulations prescribing- (aJ anything which may be or is required to be prescribed under this Act; (b) the fees to be paid for anything to be done under this Act; (c) the forms of certificates and licences issued under this Act and the manner for aplying for registration or licences under this Act; (d) the condition in which premises specified in a certificate or licence shall be kept; (e) the manner in which coffee shall be stored; (f) the books and registers which shall be kept, the inspection of such registers and how returns under this Act shall be made; (h) the manner in which any levy imposed under this Act shall be collected; (i) the forms to be used and the procedures to be followed on any appeal under this Act.
Section 56Verify source

Legislative relationships

2 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

2 instruments

  • Board be to- (a) issue certificates and licences in accordance with this Act

    Section 14

  • Coffee Pool Fund for authorised purposes under the Act

    Section 46

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  • 31 Dec 1996 · currentEnglish

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