Farmers' Stop-Order Act
- Commenced on 3 January 1956
- [This is the version of this document at 31 December 2014.]
- [Note: This version of the Act was revised and consolidated in the Fifth Revised Edition of the Laws of Malawi (L.R.O. 1/2018), by the Solicitor General and Secretary for Justice under the authority of the Revision of the Laws Act.]
1. Short titleThis Act may be cited as the Farmers’ Stop-Order Act.
2. InterpretationIn this Act, unless the context otherwise requires—“farmer” means any person who, as tenant or owner of an agricultural holding, cultivates the holding for profit;“registered stop-order” means a stop-order registered under this Act;“registration officer” means the officer appointed by the Minister under section 4;“stop-order” means any written undertaking entered into by a farmer in which he—(a)purports to give any person, as security for debt, any right in or over his growing or future crops, or the proceeds thereof; or(b)authorizes any person to pay to a third party, in satisfaction of a debt owed by such farmer to such third party, the proceeds of his growing or future crops, or any part thereof.
3. Validity of stop-ordersAny stop-order not registered in accordance with this Act shall be null and void. Any stop-order so registered shall have effect for such period as may be stated therein.
4. Registration of stop-orders
5. Discretion of registration officerThe registration officer may in his discretion—
6. Registration not to cure defect nor to confer validityRegistration shall not cure any defect in a stop-order nor confer upon it any effect of validity which it would not otherwise have had except in so far as provided by this Act.
7. Correction of register
8. Priority of stop-ordersStop-orders, whether executed before or after the commencement of this Act, shall, as between themselves, be entitled to priority in order of registration:Provided that stop-orders executed before such date shall, if registered within fifteen days after the commencement of this Act, be entitled to priority in the order in which executed.
9. Security not to be extinguished by sale, etc., of land whereon crop growingA registered stop-order shall not be extinguished or otherwise impaired by any sale, mortgage or encumbrance, subsequent to the date of registration, of or upon the land whereon the crop is growing or situate, nor by the death of or insolvency of the person who executed such stop-order, and such registered stop-order may be enforced notwithstanding that the crop may be, at the date of enforcement, in the possession of a person who has acquired such crop for value without actual notice of the existence of such registered stop-order.
10. Bills of Sale Acts not to applyThe Bills of Sale Act shall not apply to any registered stop-order.[Cap. 48:03]
12. No stamp duty payableNotwithstanding the Stamps Act, no stamp duty shall be payable on any registered stop-order.[Cap. 43:01]
13. Penalties for offences in connexion with stop-orders
14. Government to be boundThis Act shall apply to and bind the Government.
History of this document
31 December 2014 this version
03 January 1956