Control of Tobacco Auction Floors Act
- Commenced on 10 December 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 Control of Tobacco Auction Floors Act.
2. InterpretationIn this Act, unless the context otherwise requires—“auction floor buyer’s licence” means a licence to buy tobacco on the auction floors granted under section 21;“auction floor licence” means a licence granted under section 18;“commercial grading of tobacco” means the grading of tobacco by a grader;“Commission” means the Tobacco Control Commission established under section 3;“grader” means a person who carries on the business of grading tobacco for profit or gain but does not include a grower or buyer of tobacco who grades his own tobacco or any employee or servant of such a grower or buyer;“registered seller” means a seller who is registered under section 23;“tobacco” means un-manufactured tobacco, whether cured or uncured but does not include “nicotiana rustica” or oriental.[9 of 1986]
Part II – Tobacco Control Commission
3. Tobacco Control Commission
4. Composition of Commission
5. Meetings of Commission
6. Appointment of secretary and other officersThe Commission may appoint a secretary and such other officers as it may consider necessary for assisting in the proper execution of its duties and there shall be paid to such secretary or officers from the funds of the Commission such remuneration as the Commission may determine.
7. Duties and powers of the Commission
8. Protection of members of CommissionNo member of the Commission shall be liable to any suit, claim or demand by reason of anything done in good faith or for any decision made in the rightful exercise of his discretion in his capacity as such member.
9. Appeals from decisions of CommissionAny person aggrieved by a decision of the Commission in the exercise of its functions or the performance of its duties under this Act may appeal to the Minister, whose decision thereon shall be final and shall not be questioned in any court.
Part III – Finances of Commission
10. Revenue of CommissionThe revenue of the Commission shall include—
11. Bank accountsUnless the Minister shall otherwise permit, all moneys received by the Commission shall be paid into a bank registered under the Banking Act and shall be credited to such of the Commission’s accounts as may be appropriate.[Cap. 44:01]
12. Investment of moneys by CommissionThe Commission may invest all or any part of its moneys—
13. Expenses of Commission
14. Raising of loans by Commission
15. Keeping of accounts
16. Audit of Commission’s accountsThe accounts of the Commission shall be audited at the end of every one of the Commission's financial years by an auditor approved by the Minister.
17. Financial year of CommissionThe financial year of the Commission shall be such as may be prescribed by the Minister with the approval of the Minister for the time being responsible for finance.
Part IV – Auction floor licences
18. Licensed auction floors
19. Minister may require holder of auction floor licence to give information
20. Sale days and hours
21. Tobacco sold on auction floors to be gradedNo person shall sell tobacco on a licensed auction floor unless such tobacco has been graded in accordance, with regulations made under this Act. Any person who contravenes this section shall be guilty of an offence.
Part V – Auction floor buyer’s licence
22. Auction floor buyer’s licence
Part VI – Registered sellers
23. Registration of tobacco sellers on the auction floors
Part VII – Tobacco graders and grades
24. Minister to define tobacco classes and grades
25. No grading without prescribed licence
26. Commercial grading premises shall be licensedAll premises where commercial grading of tobacco is earned out shall be licensed by the Commission after due consultation with the Minister.
27. Appointment of grading inspectors
28. Labelling of graded tobacco
Part VIII – Commission—General
29. Tobacco used in manufacture
30. Commission may arrange for disposal of surplus tobacco
31. Power of Commission to authorize destruction of tobacco left on floorIf at any time the owner of any tobacco left unsold on a licensed auction floor has failed to remove such tobacco after receiving such notice to do so as the Commission may deem sufficient, the Commission may authorize the owner of such licensed auction floor to destroy such tobacco without liability to pay compensation to the owner of such tobacco.
Part IX – Miscellaneous
32. AppealsAny person aggrieved by a decision of the Commission may appeal to the Minister whose decision shall be final and shall not be questioned in any court.
33. 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.
34. Failure to produce documentAny person who refuses to produce for inspection a licence or other document issued under or required by this Act to any person authorized under the Act to inspect such licence or other document shall be guilty of an offence.
35. Order prohibiting sale, etc., where licence, etc., believed violated
36. Power of entryThe Minister, a grading inspector or the Chairman of the Commission or any person authorized either by the Minister or by the Chairman of the Commission in writing in that behalf may enter upon any land or premises used for the purpose of buying or grading or handling tobacco for the purposes of ascertaining whether this Act is being complied with.
37. Offences and penalties
38. 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—
History of this document
31 December 2014 this version
10 December 1970