- Assented to on 24 August 1970
- Commenced on 24 August 1970
- [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.]
Part I – Preliminary
1. Short titleThis Act may be cited as the Tobacco Act.
2. InterpretationIn this Act, unless the context otherwise requires—“Corporation” means the body corporate established by section 3 of the Agricultural Development and Marketing Corporation Act;[Cap. 67:03]“domestic tobacco grower" means a person who grows tobacco within the scheduled areas for his own use or consumption by himself or his family;“economic crop” means a crop grown for the purpose of commerce and not for use or consumption by the grower or his family;“manufactured tobacco” means tobacco made into cigarettes, snuff, pipe mixture, roll, twist, cigars, cigarillos, cake, plug or stick;“owner” includes the agent, manager, overseer or other person in charge of any land;“scheduled area” means an area declared as such by the Minister by notice in the Gazette,“sell” with its grammatical variations and cognate expressions, includes “barter”;“tenant” means any person who is cultivating tobacco on his own behalf on private or public land to which he himself has no title;“tobacco” means unmanufactured tobacco, whether cured or uncured, but does not include "nicotiana rustica”;“tobacco grower” means a person who, within the scheduled areas, grows tobacco as an economic crop, on his own behalf, by his own labour or by the labour of his servant.[16 of 1971][9 of 1986]
Part II – The uprooting of tobacco, tobacco seed
3. Tobacco plants to be uprooted at direction of Minister
4. Persons responsible for uprootingThe persons responsible for uprooting tobacco plants under section 3 shall be—
5. Tobacco seed
Part III – Tobacco registration
6. Registration of tobacco growers
7. Selling prohibited without registration certificateNo person required to be registered under this Part shall sell tobacco without first producing to the buyer a valid certificate of registration or, if he is selling on behalf of another person, the written authority and the valid certificate of registration of that other person. Any person who fails to comply with this section shall be guilty of an offence.
8. Endorsement of registration certificateEvery person who buys tobacco from a registered grower shall endorse on the back of the grower's certificate of registration the quantity of tobacco bought, the date of the purchase, and such other particulars as may be prescribed, and shall sign and date the endorsement. Any person who fails to comply with this section shall be guilty of an offence.
9. Registration certificate not transferable
Part IV – Marketing
10. Purchase of tobacco forbidden except by certain persons
11. Minister may define tobacco classes and may fix prices
12. Restriction on sale of certain tobacco
Part V – Cess
13. Meaning of tobaccoFor the purposes of this Part—“tobacco” means manufactured or unmanufactured cured tobacco other than tobacco imported into Malawi by a manufacturer for use by such manufacturer in the manufacture within Malawi of pipe tobacco, cigarettes, cigars, cigarillos, cake, plug or stick tobacco.
14. Imposition of cess
15. Tobacco not to be manufactured or exported unless cess paid
16. Proceeds of cess to be used for benefit of tobacco industryThe proceeds of the cess paid and collected under this Part shall be used exclusively for the benefit of the tobacco industry in such manner as the Minister may from time to time approve.
Part VI – Tobacco buying licences
17. Designation of licensing authorities
18. Application for licenceApplication for a tobacco buying licence shall be made to the Minister, or to the licensing authority designated by him to be responsible for the area in which such licence is required:Provided that where a licence to buy and resell tobacco has been issued to an owner of land in respect of his tenants under the Special Crops Act, no licence to buy tobacco shall be required under this section.[Cap. 65:01][8 of 1972]
19. Exclusive tobacco growing licenceThe Minister may issue an exclusive tobacco buying licence in respect of any area or areas of Malawi or in respect of a particular grade or class of tobacco, and where the Minister has issued such a licence no other tobacco buying licence shall be issued in respect of same area or areas, or in respect of the same grade or class of tobacco.
20. Procedure for licensing authorityIn respect of an application for a tobacco buying licence a licensing authority may—
21. Grounds for refusal of licence
22. Revocation or suspension of licences
23. AppealWhere an application for a tobacco buying licence is refused by a licensing authority, or when such a licence is revoked or suspended by a licensing authority, the person involved may, within thirty days of the receipt of notification of such refusal, revocation or suspension, appeal in writing to the Minister, and the Minister's decision shall be final and shall not be questioned in any court.
25. Condition of licenceIt shall be a condition of every tobacco buying licence or exclusive tobacco buying licence that the licensee may not purchase tobacco—
Part VII – Miscellaneous
26. EvidenceIn any prosecution for an offence under this Act—
27. Power of entry
28. Display of licence, etc., and price listA person buying tobacco under the provisions of paragraphs (a), (b), (c) or (d) of section 10 (1) shall, at the beginning of and throughout each day upon which he exercises his right to buy, prominently display at the place of purchase both a copy of his authority to buy and the prices offered for the classes and grades of tobacco which he is authorized to buy. Any person who fails to comply with this section shall be guilty of an offence.
29. False statementsIf any person—
30. Hindrance of person performing dutyAny person who wilfully obstructs or hinders any person in the performance of his duties under this Act shall be guilty of an offence.
31. Failure to produce documentAny person who refuses to produce for inspection a licence, certificate, register or other document issued under or required by this Act to any person authorized to inspect such licence, certificate, register or other document, shall be guilty of an offence.
32. Order prohibiting sale, etc., where licence, etc., believed violatedWhere the Minister or a person authorized by him in that behalf has reasonable grounds to believe that the terms or conditions of a licence or an authority to buy tobacco issued for the purposes of paragraphs (a), (b), (c) or (d) of section 10 (1) are not being complied with in respect of certain tobacco, he may issue an order prohibiting the sale, exchange or movement of such tobacco or any part thereof for not more than five days. Any person who fails to comply with such an order shall be guilty of an offence.
33. Hours during which tobacco may be boughtThe buying of tobacco by persons authorized under paragraphs (a), (b), (c) and (d) of section 10 (1) shall not be undertaken outside such hours of the day as the Minister may, from time to time, by notice published in the Gazette, direct, and any such person who buys tobacco outside such hours shall be guilty of an offence.
34. Compliance with conditions of licence, etc.Any person who buys tobacco contrary to the conditions of his licence or authority to buy tobacco shall be guilty of an offence.
36. RegulationsThe Minister may make regulations for the better carrying out of the purposes of this Act, and without prejudice to the generality of the foregoing such regulations may provide for—
37. Special Crops Act to prevail in case of conflictWhen any tobacco or any class or grade of tobacco has been declared to be a special crop in relation to the whole or any part of Malawi under the Special Crops Act, then in respect of that area and of that tobacco or class or grade thereof, where the provisions of the Special Crops Act and any order made thereunder conflict with the provisions of this Act or of any regulations made thereunder, then the provisions of the Special Crops Act and any order made thereunder shall prevail.[Cap. 65:01]
History of this document
24 August 1970