Esheria Esheria Statutes
Ask AI Sign in

Zambia Act or statute

Zambia legislation

Cotton Act, 2005

This provision is an interpretation heading for Part II, titled “The Cotton Board.” This provision appears to be a section heading about the Board’s functions and composition. This section concern…

accountsagricultureappealsappointmentsauditsboard administrationboard allowancesboard committeesboard fundingboard governanceboard procedureBusiness registrationcertificate-based authorizationcertificationcommercial licensingcommittee governancecommodity tradingcompliancecompliance noticeconfidentialityconflict of interestcorporate establishmentcorporate powerscorporate recordscottoncotton boardcotton businesscotton developmentcotton industry regulationcotton licensingcotton regulationcotton seed productioncotton tradecotton tradingdecision appealsdecision reasonsdelegationemployment termsfeesfinancial yearfund managementinformation disclosureinspectioninspection complianceinspectionsinterpretationinvestmentlicence applicationslicence enforcementBusiness registrationloansmark approvalmeeting attendancemeeting conductmeeting procedureminutesoffice termspackaging and markingpermitsprocedurepublic noticequorumrecord-keepingregister maintenanceregistersregistrationregistration cancellationregistration complianceregulatory approvalregulatory compliancereportsresignationsearch and seizurestaffinguse of distinguishing markvacancyvacancy filling
Jurisdiction
Zambia
Structure
51 provisions
Citation
Act 21 of 2005
Dates
Undated source snapshot
More statute details
Dates
Undated source snapshot

Publicly available, excluded from search-engine indexing

This page remains available for direct research for the following reasons:

  • The record does not meet this release's canonical indexing criteria. (market-indexing-disabled)
  • The record does not meet this release's canonical indexing criteria. (emergency-noindex)
On this page

Professional statute overview

Enactment structure, operative effect and source provenance

Official source

01

Purpose and legislative effect

“This provision is an interpretation heading for Part II, titled “The Cotton Board.””

This provision is an interpretation heading for Part II, titled “The Cotton Board.” This provision appears to be a section heading about the Board’s functions and composition. This section concerns a prohibition on publishing or disclosing information to unauthorised persons. This section is titled “Functions of Cotton Licensing Committee.” This section is titled “Constitution and functions of Appeals Committee” and refers to the part on registration of cotton seed producers, ginners, and cotton seed sellers.

02

How the instrument operates

  1. 01

    Start with the recorded version

    Undated source snapshot. The date shown identifies this source expression and should not be treated as proof that no later change exists.

  2. 02

    Locate the controlling provision

    Use the provision map, part headings and full-text filter to move from the broad subject to the exact legal language.

  3. 03

    Read conditions and exceptions together

    Keep subsections, definitions, provisos and cross-references in context before drawing a legal conclusion.

  4. 04

    Verify currency and official wording

    Confirm later legislation, commencement notices and corrections with the official publisher before advice, filing or reliance.

03

Research entry points

Selected provisions across the instrument. Open any row to continue with the exact stored text.

by section eighteen

This provision is an interpretation heading for Part II, titled “The Cotton Board.”

Section 2

Section 18

The Appeals Committee is set up with up to five members appointed by the Board, members serve for one year, and the Board can remove members at any time.

Section 18

Section 32

A person may not commercially buy, sell, import, export, or otherwise deal in cotton without a valid licence under this Part.

Section 32

04

Source and current-law status

Source record view

Source record from zambialii.org · Undated source snapshot

Verify current force

The source record does not state a definitive current-law status. Check the official publisher and later amendments before relying on this text.

For advice, pleadings, or compliance decisions, retain the official source and confirm the current consolidated provision.

Official record

Source-indexed provision map

Sections and provisions

Search by section, heading, part or exact legal wording. Every result remains linked to the stored source record.

Showing 51 of 51 provisions

Provision 40Offence 8InterpretationCommencement

Part

PART I

§ 2by section eighteenInterpretation

This provision is an interpretation heading for Part II, titled “The Cotton Board.”

2. Interpretation PART II THE COTTON BOARD
Section 2Verify source

Part

PART II

§ 4Functions of BoardProvision

This provision appears to be a section heading about the Board’s functions and composition.

4. Functions of Board .Composition of Board 5
Section 4Verify source
§ 15Prohibition of publication or disclosure of information toProvision

This section concerns a prohibition on publishing or disclosing information to unauthorised persons.

15. Prohibition of publication or disclosure of information to unauthorised persons
Section 15Verify source
§ 17Functions of Cotton Licensing CommitteeProvision

This section is titled “Functions of Cotton Licensing Committee.”

17. Functions of Cotton Licensing Committee
Section 17Verify source
§ 18Constitution and functions of Appeals CommitteeProvision

This section is titled “Constitution and functions of Appeals Committee” and refers to the part on registration of cotton seed producers, ginners, and cotton seed sellers.

18. Constitution and functions of Appeals Committee \ 9. Functions o� Appeals Committee 'PART ill· REmsT�ATIO� OF C;TTON SEED ·PRonucER, GINNERS AND. CorroN SEE� SELLER
Section 18Verify source
§ 20· Registrati'on ofcotton seed producers, etcProvision

This provision appears to concern registration of cotton seed producers and cancellation of registration of persons.

20.· Registrati'on ofcotton seed producers, etc : 2:1: _Rcgi_ster Q,fpe�sons·, .. .. '22: Cancellation·ofregistratio:n of persons· . · .. · -, . . ' ... �.• · . . ' -_,. ·•·, . . . ... . . . ' " . �. . ·_- .. ' • ' , •'• ' -' ' C.opfes of this Act. can· be-'C>btai,ie_d /mm the Government PrinJer, ,,, .. P.o:Box 30136,.1,0JOOLiisak� .. Price 1(5000 eac/z,. ,, . ' .-1 . � ~·.' : • � - -·- •-. ,�- .. -,- -·--•·· 140 No. 21 of 2005] Cotton
Section 20Verify source
§ 25Publication oflist of registered personsProvision

Section heading about publication of the list of registered persons and the register of distinguishing marks.

25. Publication oflist of registered persons PARTN DISTINGUISHING MARKs • Refusal to approve distinguishing mark Register of distinguishing marks
Section 25Verify source
§ 32Prohibition of dealing in cotton withoutlicenceProvision

This section prohibits dealing in cotton without a licence.

32. Prohibition of dealing in cotton withoutlicence
Section 32Verify source
§ 36Licence holder to maintain registerProvision

The licence holder must maintain a register.

36. Licence holder to maintain register 3 7. Cancellation oflicence
Section 36Verify source
§ 40Cotton Development FundProvision

Section heading for the Cotton Development Fund and financial year.

40. Cotton Development Fund 4 I. Financial year
Section 40Verify source
§ 47Duty of inspector, to report to BoaroProvision

An inspector must report to Boaro.

47.- Duty of inspector, to report to Boaro
Section 47Verify source
§ 46C�nceil�llon oflicen�e by court orderProvision

This section is about cancellation of a licence by court order.

46 .. -C�nceil�llon oflicen�e by court order
Section 46Verify source
§ 49R�guiatio11sProvision

49. R�guiatio11s .. _ _ 5o Ripeai orcapi227 �;a tr;nsitiona1-pro�isi�ns _ • L - ;-•• - - ', . ' ' . '!. . ,,. - _._, • . · . . ,-.... � ' . ·,.,.. . � ...... - , ', ·· , •, · e• - • JI • , r, � : ,.-) ' ' • • ' ' ' i , ·/; ·, "i . ' Cotton

49. R�guiatio11s .. _ _ 5o Ripeai orcapi227 �;a tr;nsitiona1-pro�isi�ns _ • L - ;-•• - - ', . ' ' . '!. . ,,. - _._, • . · . . ,-.... � ' . ·,.,.. . � ...... - , ', ·· , •, · e• - • JI • , r, � : ,.-) ' ' • • ' ' ' i , ·/; ·, "i . ' Cotton [No. 21 of 2005 143 PART II COTTON BOARD OF ZAMBIA
Section 49Verify source
§ 3There is hereby e�ibli�hed the Cotto� Board of Mbia whichProvision

This section establishes the Cotto Board of Mbia as a body corporate.

3.. There is hereby e�ibli�hed the Cotto� Board of Mbia which shall be a body coiporate with peipetuai succession and a common seal, capable of suing and being sued in its coiporate name, and with power, subject to the proyisions of this Act, to do all such things as a body coiporate may by law do or perform.
Section 3Verify source
§ 4Section 4Offence

The Board’s functions are to regulate cotton activities, set quality standards, advise Government, support cotton development, keep credit records, implement policy, and handle requested international representation. The Board may also delegate its functions in writing.

4. (!) Subjectto the other provisions of this Act, the functions of the Board shall be to - Establishment of Board Functions of Board (a) regulate the production, ginning and marketing of seed � cotton; (bj set the standards relating to the quality of the cotton crop in the field, seed cotton, cotton seed and lint; (c) advise the Government on regulations, policies and measures pertaining to the protection, control, promotion and development of the cotton industry; (d) encourage the production of good quality cotton; (e) facilitate the principle functions of the Cotton Development .. Trust - (i) in research and development of cotton; and (ii) regarding extension programmes and training of cotton farmers conducted by the Trust; (j) maintain a record of the credit status of cotton growers; (g) implement the Government's policies relating to the cotton industry; (h) arrange, when so requested by the Government, -for the representation of Zambia, on any international organisation dealing with cotton, or at any international conference relating to cotton; and (i) carry out such activities as are necessary or conducive to the better performance of its functions under this Act. (2) The Board 111ay, by directions in wri!ing and subject to such conditions as it considers necessary, delegate to any member, · committee or the Executive Director any ofits functions under this Act. . . s:. (1) The B�ajd shall coiisis�. . of th� following j)art�iime . 'composition of Board members, . (a) two 1:eprese.ntatives of fhe Ministry responsible for · .. , ··agricul_tm:e, one of whom_�h�U be from the Division. __ · fisporisib)e for marketing arid cc(-uperatives_and the ci_the.r - . from the Divisionrcsponsible for agriculture; · .. . - ·. ·- - . - . . . .. . . . - .. 144 No. 21 of2005] Cotton (b) one representative from the Cotton Development Trust; (c)two representatives of the Cotton Ginners Association of Zambia who are not members of the Board of Trustees of the Cotton Development Trust; . (d) one representative of an association of cotton farmers; (e) one representative of small holder cotton farmers; U)the director of the Seed Control and Certification Institute appointed pursuant to section three of the Plant Variety and Seeds Act; (g) one representative of the Environmental Council of Zambia; (h) one representative of the textile industry; (i) one representative of the Ministry responsible for finance and national planning; and (j) one representative of the Attorney-General. (2) The members referred to in subsection(l) shall be nominated by their respective institutions and shall be appointed by the Minister. (3) The Minister shall appoint the Chairperson of the Board and the Vice-Chairperson shall be elected by the members from amongst themselves: Provided that the members appointed under paragraph (a) of subsection( 1) shall not be elected as Chairperson or Vice­ chairperson. (4) A person shall not be appointed as a member of the Board if the person - (a) is an undischarged bankrupt; (b) has been convicted of an offence involving fraud or dishonesty; or (c) has been convicted of an offence under any written law and sentenced to :..tcrrp. of imprisomnent of not'It:ss·.thau si_x montfls; with!)IJt the option of a fine. Cap. 236 ,Tenure .of. 'office or nienlbcr
Section 4Verify source
§ 6(1) -The 01airperson and Vice-Chairperson shall hold ollice ·Offence

The Chairperson and Vice-Chairperson serve fixed terms, Board members serve for three years, a member may resign with one month’s written notice, and a member’s office becomes vacant on specified events.

6. (1) -The 01airperson and Vice-Chairperson shall hold ollice · _for a period ofthrec years and t,,(o years respectively and shall be :, eligible for reappointment for one more like tern::. ., ,/)}, " • " • ' • • ' • • ., I :., ,·,, •, . '• ,• ' .. (2)The members cif'the Board shall hold office fora perioil of. · . . '"threeyearsand:rnay be r�apj:,9inted for a further term of three years. '. · . : (3} . · A member bf the Bo;;r<l 1i1ay resign upon giving one moryth 's·· . notice in writing to the !YlinisJ:er or the Ch11irperson of lhe :Board, . . · · · '·as the. casemay_be. . _ ·· ·. .- · · · . ' · : . . , . 1 · 1 ' - !',, · · .'. .. . . _, _;-. -;:. ; - . ,- -·;·,·· , .. -- ' . .. ·- " .. ., •- Cotton [No. 21 of 2005 145 (4) The office ofa member of the Board shall become vacant - •" , ... . (a) upon the deatl'i'ofthe member; {b) if that member is absent without reasonable excuse from three consecutive meetings of the Board of which tli'at member has haa\1otice; ( c) on ceasing to be a representative of the organisation which nominated the member; ( d) if the member becomes mentally or physically incapable of performing the duties of a 'member of the Board; (e) if the member is declared banlcrupt; or Ct) if the member is convicted of an offence under any written law and sentenced therefor to imprisonment for a term ofnotless than six months without the option of a fine.
Section 6Verify source
§ 7Whenever the office of a member becomes vacant beforeProvision

If a member’s office becomes vacant before the term ends, the Minister may appoint a replacement for the remaining term. The Board must appoint an Executive Director who is also the Board’s Chief Executive Officer.

7. Whenever the office of a member becomes vacant before the expiry of the term of office, the Minister may appoint another member in place ofthemember who vacates the office, but that membel'shall hold office only for the unexpired part of the term. (1) The Board shall appoint an Executive Director who shall be the Chief Executive Officer of the Board on such terms and conditions as the Board may determine.
Section 7Verify source
§ 8Section 8Provision

The Executive Director must handle the Board’s day-to-day administration, attend Board and committee meetings, may speak at those meetings, and cannot vote.

8. Filling of casual vacancy Executive Director (2) The Executive Director shall, subject to the direction of the Board, be responsible for the day to day administration of the Board. (3) The Executive Director shall attend the meetings of the Board and any committee of the Board and -may address such meetings but shall have no vote. (1) The Executive Director shall be the Secretary to the
Section 8Verify source
§ 9Section 9Provision
9. Board. (2) The Board shall ·appoint, on such terms ar:d conditions as . the,Doard111ay detennine, such other staff of the Boarc! as i t considers :1,eccssary for tI1e i,e1:formanc� of.its fupctions under thi..; } .. ct. S e c r e ta r y and other staff
Section 9Verify source
§ 10Section 10Provision

The Board’s seal is to be kept by the Secretary, and the Board may use a wafer or rubber stamp instead of the seal.

10. (!) The seal of the Board shill be such device as may b�- · dete��ined by the_ 1;ioar� �nd ;hall b� kepi by the Secretary. . · ' (2)· The Board may use a 'viafer or rubber stamp in lieu �f.\he · · se�I:. (3). 'The affixing oLthe -Seal-.�hall' be authenticated 'by the · . qiaii-personor the \'ice chaiqie�son and the Secr�iary or one o"thei- : '. · .person_authorised.in}hatl/ehalfby·a_reso.lutioil ° of.theBoard. ·· ' · · · ·, ·. · ' · :· · · �- , •· ·· - Seal ofBoard · . · · ·. . , :y:-> . . ,:A:;. ,, ,,, ' ' •· . • - . ' -. . · . " ' " ,; , . Proceedings ofBoard
Section 10Verify source
§ 11Section 11Provision

The Board may manage its own procedure, but it must meet at least every three months, keep minutes, and follow the meeting rules set out here.

11. 146 No. 21 of 2005] Cotton ( 4) Any contract or instrument which, if entered into or executed by a person not being a body corporate, will 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 generally or specifically authorised by the Board in that behalf. (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 f\irther proof, unless the contrary is proved. ' (1) Subject to the other provisions of this Act, the Board may regulate its own procedure. (2) The Board shall meet for the transaction of business, at least once in every three months at such places and at such times as the Chairperson may determine. (3) The Chairperson may, upon giving notice of not less than .fourteen days, call a meeting of the Board and shall call a special meeting to be held within fourteen days ofreceipt ofa written request to the Chairperson by at least five members of the Board. ( 4) If the urgency of any particular matter does not permit the giving of such notice as is required under subsection (3), a special meeting may be called by the Chairperson, upon giving a shorter . notice. ( 5) Seven members shall form a quorum at any meeting of the Board. (6) There shall preside at any meeting of the Board­ (a) the Chairperson; (b) in the absence of the Chairperson, the Vice-Chairperson, or (c) jn �he,�bs_ence of the Chairperson an£! t_he Vice-chairper�on, · • • si:ich :fiembcr as the inembers present may elect for the •:purpose of that meeting. (7) ··A decision of'the Board on any question shalr be by a· majority ofthe.n1embers:presentand voting a\,\lJ,e meeting aJ1d in : the event of an equality of votes, the person pi:esiding at the meeti;ig . .· - ' shall 'have � casting vote in addition to the delibb�ative vote. - . '(8)' Where a member is for any reason�ble �ause unable to att�d · - arty meeting of the Board,. thcme111bcr may, .in writing appoji1t_� ; prox:y°in that.member's stead and such·persofi slulil be deemed to· . . f - be ainember for (hiipurpose o" sucl\ meeiing: -� ,_ . . - ' 1��if J;1�?I�1�···· '.'.:\ ... �, ,J·:tf�L·-,,•\'(',\<. . .., _ .. •, ·.·'. . • ·• • ' - / f ,. ' >' , , • ,' ; - • ·,.. ' ,. ' " '• 'I" \ '\.• l y, 1 , a J, i ,--;�.- .. �\/ :,\/:''.(;�, ,,;t��";,,',:-:·:·; :{;:.i\. ._. _�:]:·):r .. :· __ - 1;2:::;::(?;)0 ::: : �.� '.. :/;· ;:fi,:t. '; ..• f, · . , , �::· :: . i ... � .. :-�-', ;_ .. ·; • ., ; . ---. .., :: ·•. �-,;,_ • • - 't.', ... •-� ' -�- :•�•l .. :·•�'::.",t'l.f��': . ; ,�_�·:::�_/t:�•�:/i _•1-'�.t.>• \,:.-. ,1·::--,: f · � •;.. .. : ,", , � ' •'� _,. ;-••- ;};_�/_ '. ' - � '",; .:>·-t :. . ' ' ' ,_,,, ',., :· Cotton [No. 21 of 2005 147 (9) The Board may invite any person whose presence is in its opinion, desirable, to attend and to participate in the de)ib_erations ofa meeting of the Bo�r";fartd any other committee of tb'e'Board but such person shall have no voie. (10) The validity of any prq,9eedings, action pr decision of the Board shall not be affected by,any vacancy in tn¾ membership of the Board or by any defect in the. appointment of any member or by reason that any person not entitled so to do took part in the proceedings. (1 1) The Board shall cause minutes to be kept of the proceedings_of every meeting of the Board and every meeting of any committee established by the Board.
Section 11Verify source
§ 12Section 12Provision

The Board may create committees, delegate functions to them, appoint committee members, and committees may set their own procedure unless the Board gives directions.

12. (!) The Board may, for the purpose of performing its functions under this Act, establish such committees as it considers necessary and may delegate to any such committees such of its functions as it considers fit. (2) The Board may appoint as members of a committee establish'&l under subsection (! ), persons who are or are not, members of the Board, except that at least one member of a committee shall be a member of the Board, and such persons shall hold office for such period as the Board may determine. (3) Subject to any specific or general directions of the Board, a committee may regulate its own procedure. Committees ofBoard
Section 12Verify source
§ 13The members of the Board or any Committee of the Board ·Provision

The Board may determine allowances for Board or Committee members, but only with the Minister’s approval.

13. The members of the Board or any Committee of the Board · shall be paid such allowances as the Board may, with the approval of the Minister, determine. Allowances
Section 13Verify source
§ 14Section 14Commencement

At Board or committee meetings, a person with a private interest in the matter must declare it promptly and must not take part in the discussion or vote unless the Board or committee directs otherwise.

14. ( 1 ) If a member or person is present at a meeting of the Board or any Committee of the Board at which any matter is the subject of consideration and in which matter the member or person or the member or person's spouse is directly or indirectly interested in a private capacity, the member or person shall, as soon as practicable after the commencement of the meeting, declare such interest and shall not, ur1l,ess the Board or committee othern-ise directs, take part in. any consideration or discussion of, or ,·ote on, any questioµ t9uching sucli matter . . Disc]osure of interest i ' (2). A declaratio11 of interest111ade under subsection (1 ), shall.be recorded iri the ·minutes of the meeting at which it is made.. ' · 15. (!) A person; shall not without the.consentin writing given . Prohibition of ' by; or on behalf of, the Board publis_h or disclose. to any person, public::tion or · · "·· disc1ostirc of otherwise th_an in thii"course of duty, the contents 'of any document, infonnation to commtin,ca(ion or ·irifonnation,. which relates .to, and which has 1!11aiithnrised' . ' c9me to thaipcrso11's linowledge fo:the.course of duties undedhk : . persons · " ·· · · · · . Ac.t. · ,-: I . . ., -_ · -·- . . . · • ' . 148 No. 21 of2005] Cotton (2) Any person who lmowingly contravenes the provisions of subsection ( 1) commits an offence and shall be liable, upon conviction to a fine not exceeding ten thousand penalty units or to imprisonment for a term not exceeding six months, or to both. (3) If any person having any information which to that person's knowledge has been published or disclosed in contravention of subsection (1), unlawfully publishes or communicates any such information to any persol), that person commits an offence and shall be liable upon conviction, to a fine not exceeding five thousand penalty units or to imprisonment for a term not exceeding six months, or to both.
Section 14Verify source
§ 16Section 16Provision

This section creates the Cotton Licensing Committee, limits it to seven members, and sets how members are appointed, removed, and how the Committee works.

16. (1) There is hereby established the Cotton Licensing Committee which shall consist of not more than seven members who shall be appointed by the Board. (2) A person, other than a Board member, shall not be appointed as a member of the Committee unless the person has expertise, skills and experience in any of the following areas: (a) cotton agronomy, cotton variety development, cotton variety maintenance; (b) crop marketing, handling, transportation and storage; (c) crop seed production; and (d) cotton ginning. (3) The Chairperson of the Committee shall hold office for a period of two years and shall be eligible forre-election for another period of one year. ( 4) A member of the Committee, other than the Chairperson of the c,:;ommittee, shall hold office for one year. (5) 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 ti_me. · (6) There shall preside at any meeting of the Committee the Chairperson and in the. ah�ence of the Chairperson such member of the Co1rnmttee as t!,e members present may elect for the purpose o.f ·thatmeeting. - {I ) Subject to any specific ,or general direction of the _Board t!;i� Committee may regulate its own procedure. ' 17. · (i) Subject to the control and direction of the Board,'.t!\'e , fanctions. of the Committee shall, on behalfof lhe. Bo.ard be to ....: . ( a) ,i'ssue registration c�rtificates and Jic_enc�s in accordance - ._. .. ,_ ·:_. · . · . , - . , . . · · • (b} appi;ov:e and reg1ster:disdfiguishing1:1ar�si,a!ld · .·· (c)inaintain a register ofland planted ,vith coitonire'gistered ·. r . · . and distlnguis�i.11g,marks• . . , ,.-., . cotton groWerf \.vith. th!s-�i\,ct; ·- · · · · - · _,: 1 ·: . . ., · ; ' . ' . , ,, . ' ' Cotton Licensing Committee · ·Ftin�tions of , .. • Cotto rl· · ., .. J.;i,c�n_s.�ng .- � · .:coci.'11ittce . .., .. , ,. .. ,··· . --�-. ,, , � ; . . ' .;.• _. - -· - ... ·-· ' - .. ( .. ' · - . Cotton [No. 21 of 2005 149 (2) The Board may dt::legate to the Committee such other ofits functions as it may consider necessary. . '/ ',.
Section 16Verify source
§ 18Section 18Provision

The Appeals Committee is set up with up to five members appointed by the Board, members serve for one year, and the Board can remove members at any time.

18. (1) There is hereby constituted the Appeals Committee, which shall consist of not more than five members who ·shall be appointed by the Board. ,·, :� .. (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 �d may be removed by the Board at any time. 1 ( 4) Subject to any specific or general direction of the Board the Committee may regulate its own procedure. Constitution and functions of Appeals Committee
Section 18Verify source
§ 19Section 19Provision

The Committee must hear and determine cotton-related appeals for aggrieved cotton growers, ginners, and promoters, on behalf of the Board.

19. (I) The functions of the Committee shall, on behalf of the Board, be to hear and determine appeals from aggrieved cotton growers, ginners and promoters on matters relating to cotton. Functions of Appeals Committee (2) In subsection (1) " promoter " means any person who does any act for purposes of advancing the production and marketing of cotton.�' PART ID REGISTRATION OF COTTON SEED PRODUCERS, GJNNERS AND COTTON SEED SELLERS
Section 19Verify source

Part

PART ID

§ 20Section 20Provision

People who plan to deal in cotton must register with the Board, and the Board may refuse or reject registration applications.

20. (1) Any person who intends to produce, buy, sell, transport, Registration store or gin cotton shall apply for registration in the prescribed of cotton form to the Board. • · seed producers, etc (2) The application referred to in subsection (I) shall state­ (a) the type of cotton trade to be engaged in; and (b) such other particulars as may be prescribed. (3) The Board shall issue a certificate of registration in the prescribed form to an applicant referred to in subsection (I) upon payment cfa prescribed fee. ·. . ' .. ·• ' (4) A certificate ofregistration shall contain - - (a) the name of the registered person; ' . .. . - . . . . . (b) the .type ofcotton trade; and, •.. '., (c) such other particulars as the Board may prescribe. · . (5) A certi±fo�te ofregistratio� issued und�r subsection(]) snail be valid for one year. - (6)- -- The Boafd may, re_fuse to' r�gisler a ,person or rej�ct a' . person's application for registration and shaiI give reasons in writing fut.such refusal'or rejection'. . ;' -- - . - ,- ' - . . .. . ,• : , , _ :!; 150 No. 21 of 2005] Cotton Register of persons Cancellation of registration of persons Appeals Off.�nces and · p.::ualties.
Section 20Verify source
§ 21The Board shall establish and maintain a register of persons,Provision

The Board must establish and maintain a register of persons.

21. The Board shall establish and maintain a register of persons, which shall contain such particulars, as may be prescribed.
Section 21Verify source
§ 22Section 22Provision

The Board may cancel a registered person’s registration in specified cases, but must first give written notice and let the person show cause within the time the Board sets.

22. person- (I) The Board may cancel the registration of a registered (a) who ceases to comply with any of the provisions under section nineteen; (b) who buys pre-fmanced cotton without the prior written consent of the pre-financing institution or company. (2) The Board.shall, bef6re cancelling any person's registration under subsection (1 ), give written notice to the registered person of the Board's intention to cancel the registration and specify the grounds for cancellation and require the registered person to show cause, within such period as the Board may specify, why the registration should not be cancelled. (3) The Board shall not cancel the person's registration under this section if the registered person complies with such requirements as the Board may specify to the satisfaction of the Board within the period referred to in subsection (2). ( 4) If the registered person notified under subsection (2) fails to show cause to the satisfaction of the Board why the registration should not be cancelled or does not take remedial measures within the time specified in subsection (2) the Board shall cancel the registration.
Section 22Verify source
§ 23Section 23Provision

A person whose registration is cancelled by the Board may appeal to the Appeals Committee, and a dissatisfied person may then appeal to the High Court within 30 days of notice.

23. (1) · Any person aggrieved by a decision of the Board to cancel the registration of such person may appeal to the Appeals Connnittee subject to a further appeal to the Board. (2) Any person who is dissatisfied with the decision of the Board on appeal under subsection (I) may appeal to the High Court against such decision within thirty days of being notified of the decision.
Section 23Verify source
§ 24Any person who produces, buys, sells, transports, storesOffence

A person dealing with cotton must not do so unless registered under section 20 or otherwise cleared by written notice; breaking this rule is an offence.

24. Any person who produces, buys, sells, transports, stores or gins cotton when that per�on - (ll} is not regis_tered un._de:- section twenty�· or f ied in writing that their appiication for (b) has ·been noti registration ha�.been refu?ed or that .their regis�ation ,. . certificate.has been.caiic.elled; .. connnits � ofte�c� and �hall.be I/able upon.conviction to a fin.e '.\'.. ·not exceeding fifty0six thciusar.dpenalfy units·orto imprisonment �•:. • .for a term not exceeding two years or: to both. ,Pyblicatio�. · ' 25. The Bo�rd shalLat reg�lar intervals, but not less than once.'! · .:• . of list.of: . . ·year, caus,e ·to· .. be published in .the. Gazetie .. a list of all persons · . regi�tered . . : , .. registered under thisiPart. . .. · · �e.rso�� · . · Cotton [No. 21 of 2005 151 PART N D1STINGUISHING MARKS
Section 24Verify source

Part

PART N

§ 26Section 26Provision

Registered ginners or producers of processed cotton must submit a copy of their distinguishing mark to the Board for approval.

26. Evezy registered ginner or producer of processed cotton shall submit a copy of the distinguishing mark to the Board for \. ' approval. ,
Section 26Verify source
§ 27Where the Board approves a mark submitted to it underProvision

If the Board approves a mark under section 26, it must register the mark and issue a certificate in the prescribed form to the registered cotton ginner or producer of processed cotton.

27. Where the Board approves a mark submitted to it under section twenty-six, it shall register the mark and shall issue to the registered cotton ginner or producer of proct;ssed cotton a certificate in the prescribed form. Approval of distinguishing mark Registration of distinguishing mark
Section 27Verify source
§ 28(!) The Board may refuse to approve a mark and mayProvision

The Board may refuse to approve a mark, may require an alternative mark, and must give reasons if it refuses approval. An aggrieved person may appeal to the Minister.

28. (!) The Board may refuse to approve a mark and may require the applicant to submit an alternative mark for its approval. (2) Where the Board refuses to approve a distinguishing mark Refusal to approve distinguishing mark it shall give reasons for so refusing, (3) Any person aggrieved by a decision of the Board not to approve a distinguishing mark may appeal to the Minister who may either confirm the decision of the Board or request the Board to reconsicl{,r the submission made by the applicant.
Section 28Verify source
§ 29Section 29Provision

The Board must keep a register of approved distinguishing marks and publish details of all registered distinguishing marks in the Gazette and one daily newspaper.

29. ( ! ) The Board shall keep a register of approved distinguishing marks. (2) The Board shall publish in the Gazelle and one daily newspaper details of all registered distinguishing marks.
Section 29Verify source
§ 30Section 30Offence

Only the holder of the relevant certificate may use the distinguishing mark.

30. (I) No person, other than the holder ofa certificate issued in relation to that distinguishing mark, shall use that mark. (2) Any person who contravenes subsection (!) commits an offence and shall be liable, upon conviction, to a fine not exceeding ten thousand penalty units or to imprisonment for a term not exceeding twelve months, or to both. Register of distinguishing mark Use of distinguishing mark
Section 30Verify source
§ 31Section 31Provision

Registered cotton ginners and processed cotton sellers must not part with cotton unless each bag or receptacle is clearly marked with their registered distinguishing mark.

31. (I) A registered cotton ginner or processed cotton seller shall not part with possession of any cotton unless each bag or· receptacle in which the cotton is contained has clearly marked on it the register�J Jistinguishing mark of tb.e registered cotton gim1er or seller ofproces_sed cott,,11. . (?) · For the. purposes of subsection (1 ), a ·bag or receptacle in · · . . · · which cotton is contained spall be clearly. marked if the registered · disiinguishing mark of the cotton ginner or processed cotton seller · is - Marking of receptacle ' . : (a) made .of a cloth ·tag firmly .SOW!l'On the bag or. receptacle . . . in letters'or 'figures which are easily distinguishable; or - . -·(b)"stehci1I�d oil' .the·.·_bt1;g orreCepta_Ci_e _i.ri'-.]e_tters. _or_- ,figutes,' " . . ·_ w&ich a.i-e eas/iy.distinguishabie.. . · , . · · . . ·· . - · a • · • • •• "' • ' . ' . • • • · --:' -.• · .. -- : -.- -- • ·· 1::- - ---,· · • . •• • .• : .-- . . - - . ., � •···c· ·· :· " , ' � � - . . 152 No. 21 of 2005] Cotton PART V LICENSING Prohibition of dealing in cotton without licence
Section 31Verify source

Part

PART V

§ 32Section 32Offence

A person may not commercially buy, sell, import, export, or otherwise deal in cotton without a valid licence under this Part.

32. (I) A person shall not buy, sell, import, export or otherwise deal in cotton, for commercial purposes, without a valid licence issued under this Part. (2) Any person who contravenes subsection (I) commits an offence and shall be liable, on conviction, to a fine not exceeding fifty-six thousand penalty units or to imprisonment for a term not exceeding three years, or to both. Licences
Section 32Verify source
§ 33Subject to the other provisions of this Act, the Board mayProvision

The Board may issue cotton-related licences, including for ginning cotton, selling cotton seed, and producing cotton seed.

33. Subject to the other provisions of this Act, the Board may issue the following licences: (a) a cotton ginner's licence which shall authorise the holder to process such description of cotton, by means of such machinery, and in such manner, as may be specified in the licence; a cotton seed seller's licence which shall authorise the holder to purchase, sell, export, import or otherwise market cotton seed on such premises as may be specified in the licence; (b) (c) a cotton seed producer's licence which shall authorise the holder to produce cotton seed on such premises as may be specified in the licence. Application for licence
Section 33Verify source
§ 34Section 34Provision

Applications for a licence or renewal must be filed with the Board in the prescribed form and with the prescribed fee; the Board issues a licence if the applicant meets prescribed conditions, may refuse a cotton seed producer’s licence for inadequate premises/equipment, and must not issue a licence if the applicant or an employee lacks sufficient cotton-trade knowledge or experience.

34. (I) Every application for a licence, or renewal ofa licence, shall be made to the Board m the prescribed form and shaJI be accompanied by the prescribed-fee. (2) The Board shall issue a licence, in the prescribed form, to an applicant under subs�ction (1) if the Board is satisfied that the ::pplicanl h�� fullilbl such conditions for the issue cfa licence as the Board may prcscrihe: ,. -Cap: 441_ (3) The.Board may refuse to issue a cotton seed producer 's . licence if the works di premises are not property equipped or it'\he -· · installed machini:r,; is not adequ�te or suitable for 'prodticihg cotton and processing �eed of good quali_ty, or the premises do not co�tprm to the provisions ofthe l'aciories Act. •' . (4) Tl_ie Board ·shall not issue a licence to any person if i� is satisfied ·ei11,at. the upplfoa,nt or .a pCrson c!hp!oyed by· the. app·HCant . does not have sufticient knowledge 6texpeiienc'� irt}lie cotton trade. . · ·· · • · · ·· · . . ' . . . . . . Cotton [No. 21 of 2005 153
Section 34Verify source
§ 35A licence issued under this Part shall be subject to the ConditionsProvision

A licence under this Part is subject to stated conditions, lasts one year unless cancelled earlier, is not transferable, and the holder may only carry on cotton-related business at the premises or places listed in the licence.

35. A licence issued under this Part shall be subject to the Conditions following conditions: .�•;,\ . . ' / .:. -· of licence (a) unless earlier cancelled, it shall rell)ain 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 cotton on any premises or place except those stipulated in the licence; . · (d) that where the licence is fol-the importation or exportation of cotton the licence shall be subject to an import or export permit issued under the Control of Goods Act; (e) such other conditions as the Minister may on the recommendation of the Board, by statutory instrument, impose.
Section 35Verify source
§ 36(1) A licence holder shall at all times maintainOffence

A licence holder must keep a register on the premises showing cotton purchases, sales or movement, quantities processed, owner/vendor/purchaser details, and transaction dates. The register must be open to inspection by the Board or an appointed inspector.

36. (1) A licence holder shall at all times maintain on their premises, a register in which shall be recorded, as applicable to,the licence- (a) all purchases, sales or movement of cotton; (b) the quantity of cotton processed; (c) the name and address of the owner, vendor or purchaser, Cap. 421 Licence holder to maintain register of the cotton; and ( d) the date of each transaction. (2) A register maintained in accordance with, subsection (1) 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) commits an offence and is liable, upon conviction, to a fine not exceeding five thousand penalty units. _37. _ _ (1) Subject to su_bse?_ti?n (�) a_nd on_the_rec_omme!1dati_on Cancellation of licence of ,he Cotton Licensing Committee the Board may cancel a licence issued:under this Pai-t' if the licence holder has contravened, or failed to comp)y\vi/h, any oftiie'conditions suhje.ct to which the licence .. was i$sued. ' (2} The Board shall, before cancell;ng a licence in accordance .. . with subsection ( 1), ·gi�ewrittennotice to the li�ence holder of its . .. intention to. cancel thelicence and.specify the grounds for cancellation. ·· • and shail require the l·icence holde� to show cause why the licence ·.:._ .. ' .ShouJd·!lot.be'..:c·anCelled or-tO iake such remediaf ac-tiOn ris-the Bo�d · · ·· '· ·'.: _., �. · ,' l)lay,$pe<iiiy,\.iithiri.ap°hicid bf,thirty:dajs. . - - -J . . . -- . . - � ;... -·- . . .,_ - - -- --- . ,- . . -----. - . ·-· ,-· . .. . ( ' _ ... 154 No. 21 of 2005] Cotton (3) A licence holder who is notified under subsection (2) may, within the period specified in that subsection, make representations to the Board giving the reasons why the licence holder breached the conditions of, or failed to comply with, the conditions of the licence and shall inform the Board of any remedial measures taken by the licence holder. ( 4) The Board shall not cancel a licence under this section if the holder of the licence takes the remedial measures, to the satisfaction of the Board, withil) the period stipulated in subsection (2). (5) If the holder of the licence notified under subsection (2) fails to show cause, to the satisfaction of the Board or does not take remedial measures within the period stipulated in subsection (2) the Board shall cancel the licence. (6) Where a licence is cancelled under this section, the Board shall inform the licence holder of the reasons for the cancellation. • Appeals ', 38. (1) Any person who is aggrieved by- (a)the refusal of the Board to issue, or renew a licence; (b)the cancellation ofa licence; or (c )any restrictions imposed on the licence; may, within thirty days of the receipt of notification of the refusal to issue, renew or cancel the licence, as the case may be, appeal to the Minister subject to further appeal to the High Court. (2) On any appeal made under subsection (I), the Minister may confirm, set aside or vary the Board's decision and notify the appellants of the decision in writing. (3) Any person who is aggrieved with the Minister's decision under subsection (2) may appeal to the High Court against such decision v-,ithin thirty days of receipt ofihe Minister's notification given unde, subsection (2). PART YI FrNANCIAL PROVISIONS Funds of Board
Section 36Verify source

Part

PART YI

§ 39Section 39Provision

The Board may raise money, charge licence fees for its services, and invest unused funds.

39. . may .,- (l)The funds of the Board shall consist of such moneys as (a) be appropriated by Parliament for the purposes of the Board; ' .,, :,.,,/, ,; � (htbepaid to the Board by way offees, grams or donations; · :.- . · · and·- · (c)vest in or accrue to the Board. Cotton [No. 21 of 2005 155 (2) The Board may - (a) subject to\t)te:_approval of the Minister, raise by way of loans, or otherwise such moneys as it may require for the discharge of its functions; and (b) charge and collect\Jicence fees for services provided by the Board such as for instance, the issuing oflicences. (3) There shall be paid from the funds of the Board - (a) the salaries, allowances and lo�ns ofthe staff oftheBoard; (b) such reasonable sitting, travelling, transport and subsistence allowances for members or members of any committee of the Board when engaged on the business of the Board, at such rates as the Board may, with the approval of the Minister, determine; and (c) any other expenses incurred b y the Board in .the performance of its functions. ( 4}, The Board may invest in such manner as it thinks fit any of its funds which it does not immediately require for the performance of its functions.
Section 39Verify source
§ 40Section 40Provision

The Board must establish and maintain a Cotton Development Trust Fund, and the Fund’s money must be used for specified cotton-development purposes.

40. (1) The Board shall establish and maintain a Cotton Development Trust Fund into which levies, grants, donations and royalties paid to ihe Board shall be paid. (2)The moneys of the Fund shall be applied for the purposes of­ Cotton Development Trust Fund (a) research and development; (b) extension programmes and training of cotton farmers; (c) seed production and multiplication; (d) seed quality control; (e) phytosanitory and quarantine on cotton;or OJ· such other areas as the Board may consider appropriate.
Section 40Verify source
§ 41The financial year oftheBoard.shall be the period of twelveProvision

The Board must keep proper accounts and records, have its accounts audited every year, and submit an activities report to the Minister within six months after each financial year ends.

41. The financial year oftheBoard.shall be the period of twelve . . . months ending 31st March of each year. ' . Financial year 42'. (1) The Board shaU .cause to' be k;ept proper· booi<s of f.c'counts accounts and other records relating to.its ac·counts. (2) .. ,.The accounts of the Board .shall be audited annua!iy by ·' :• independent auditors appointed by the,Board. · :· 43 . . · (I)' . As sooii as ptactic�ble; but'iiotfater rlian six.'moriths · Arti1ual . . ,ifier ti1e expiry. ofeach:fir.i"1-1c.ia) ye_ar; the Board shall,submit to JheMinister a_repo,:t:coiicerning its activities during sqch financial . year: report . . . , . _:. . ' • ·- • • •< •-'·• ' · · - '· 156 No. 21 of 2005] Cotton (2) The report referred to in paragraph (1) shall include information on the financial affairs of the B oard and there shall be appended to the report - (a) an audited balance sheet; (b) an audited statement of income and expenditure; (c) such other information as the Minister may require. PART VII INSPECTIONS A'ND GENERAL PROVISIONS Appointment of Inspectors
Section 41Verify source

Part

PART VII

§ 44Section 44Provision

The Board may appoint inspectors. The Secretary must issue each inspector an identity card, and an inspector must show that card for inspection on demand by any person affected by the exercise of the inspector’s powers.

44. (1) The Board may appoint such inspectors as it may consider necessary to monitor and ensure compliance with the provisions of thlsAct. (2) The Secretary shall issue an identity card to every inspector 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 identity card referred to in subsection (2).
Section 44Verify source
§ 45Section 45Offence

Inspectors have powers to search, seize, detain, inspect documents, require information, and request licences or certificates in cotton-related matters.

45. (1) In the performance of duties under this Act, an inspector shall have power - (a) on production of an identity card issued to the inspector under subsection (2) of section forty-four, to enter and search any premises upon which the inspector has reason to believe there is cotton in respect of which an offence under this Act is being or has been committed and seize and remove any cotton found on the premises which the inspector has reasonable cause to believe may provide evidence of the offence: Powers of inspectors • Provided that, before removing any cotton under this section, the inspector removing it shall furnish the person in whose custody or possession the cotton is, at the.time of removal, with a written receipt of the cotton. (b) to stop, search and detain ;;ny vehicle or other conveyance which the inspector has reason to believe is being or has been used for conveying any cotton in respect of which an offence is being or has been coininitted; . · · .- (c) to inspect all' books, records, returns; reports anti other .. .. documents rel.ati.ng to cotton or to �W' _dealings incoitonl: .. : .. , . . . (d) to seize machinery, any motor vehicle ·ohnaterial, withc: ' ·. whichfhe inspector has reascin to believeanoftence under . · this Act appears to have been or is likely to be committed; (e) _ to reqmre any_person connected with the cotton bus111es� · . \o:s�pElranyinformation relating to th�_pur:'�as:'; �a1;, unport or.export ofcotton. . . ' . · · " ...... ,ic • A ' . "• ' Cotton [No. 21 of 2005 157 p ' ' �- (2) Any person detained or any thing seized under this section shall without delay,be.taken before a court to be dealt with according to the law, and where itis not practicable to remove from its location any apparently unlawful tool or other means of processing or producing cotton, such tool or other means may immediately be rendered inoperative. ,.,. ·, ,._. ·:. w (3) An inspector may request any person whom the inspector sees doing an act for which a licence or certificate is required under this Act to produce a licence or certificate.
Section 45Verify source
§ 46Any person who obstructs an inspector in the execution ofOffence

A person must not obstruct an inspector or ignore a request under section 45(3) without reasonable excuse.

46. Any person who obstructs an inspector in the execution of duties under this Act or who, without reasonable excuse, fails to comply with a request made under subsection (3) of sectionforty­ five commits an offence and shall be liable upon conviction to a fine not exceeding eight thousand penalty units or to imprisonment for a term not exceeding six months, or to both: Obstruction of inspector Provided that a person who on demand is to ', produce any licence or certificate issued under this Act shall unabl e not be guilty of an offence under this subsection- (a) if that person produces the licence, or certificate within a reasonable time, not exceeding twenty-one days, to an inspector, the Executive Director or the Board; and (b) explains to the inspector, Executive Director or the Board that the licence or certificate is produced in compliance with the demands ofan inspector and names the place where the demand was made.
Section 46Verify source
§ 47Each inspector shall furnish the Board with such reportsProvision

Each inspector must give the Board reports and other information about an inspection when the Board directs.

47. Each inspector shall furnish the Board with such reports and other information relating to an inspection as the Board may direct.
Section 47Verify source
§ 48Where any person is convicted of an offence under this Act,Repeal

If someone is convicted of an offence under this Act, the court may cancel their certificate or licence and block new ones for a period it thinks fit. The Minister may also make regulations on the Board’s recommendation.

48. Where any person is convicted of an offence under this Act, thr, court may order the cancellation of any certificate or licence held by that perS()f\_ with effect from such date as the cm� may ·consider reasonable to.enable that person to, dispose o f any,,stocks of cotton at hand, and may further order that the person shall not be · ,ssued with any further:certificate or licence for such period as the Duty of inspector to report to Board Cancellation ofli�cnce by court order .. ,,courqhinks fit. . . 49; · (l) ·ThbMinister may, or.i th_qecornrnendationof the.Board,' ' Regulations . ' �by statutory. insti-ument;.mtike'.regulaticns fofthe better :carrying . _. :·, ou(cifthe provisions of this'Act: .·. ·· ... ' .. . .. _ . · . · ·· · . ··- . 158 No. 21 of 2005] Cotton (2) Without prejudice to the generality of subsection (1), regulations made under this section may prescribe - (a) the fees to be paid for anything to be done under this Act; (b) the forms of certificate and licences issued under this Act and the manner for applying for registration or licences under this Act; (c) the condition in which premises specified in a certificate or licence shall be kept; (d) the manner in which cotton shall be stored; (e) the books and register which shall be kept, the inspection of such registers and howretums under this Act shall be made; (f) the manner in which any levy imposed under this Act shall be collected; • i · ·\ , ' '- (g) the forms to be used and the procedures to be followed on •, any appeal under this Act; (h) declaration of a prescribed area which shall cease to be one of the recommended areas to be used for planting and growing of any' or specified variety of cotton; (i) time to uproot and burn ratoon cotton plant without sprout growmg; (j) persons who shall maintain, test cotton seed or monitor the quality of cotton seed production; (k) guidelines of cotton seed imports and exports; and (I) anything which may or is required to be prescribed under this Act for the better carrying out of the provisions of this Act. Repeal of <;:ap. 227 SD. (I) The Cotton Act, 1914,. is hereby repealed. . ,-. ' �-� 0 • . • . , ··1 - ;!� . . -. . . :. . --· .. . C • - • .'_ -���, ,_,...,. ' •· : _-.- ' ';•"- " •, !:,,�,••• '/: . ,. •M"•• .,
Section 48Verify 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.

G–M

1 instrument

  • Goods Act

    Section 35

N–S

1 instrument

  • Seed Control and Certification Institute appointed pursuant to section three of the Plant Variety and Seeds Act

    Section 4

Recorded versions and source checkpoint

1 version available in this collection

Current-law checkpoint
  • Undated version · currentEnglish

This relationship view does not by itself establish whether another instrument remains in force.

Check official source

Source-linked research

Ask AI about this statute

The overview, provisions, and source records above are public. Continue in a separate conversation with this statute’s jurisdiction and source version attached.

About this LexChat collection

Statute information is organised from identified legislative sources for professional research. Corrections can be reported to hello@esheria.ai.