Malawi
Cotton Act
Chapter 65:04
- Commenced on 1 February 2014
- [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 title
This Act may be cited as the Cotton Act.2. Interpretation
Part II – The Cotton Council of Malawi
3. Establishment of the Cotton Council of Malawi
There is established a council to be known as the Cotton Council of Malawi which shall—4. Composition of the Council
5. Vacation of members from office
6. Meetings of the Council
7. Disclosure of interest
8. Invited persons
9. Committees of the Council
10. Allowances and expenses of members
11. Functions of the Council
12. Powers of the Council
13. Policy directions to the Council
The Minister may give to the Council policy directions of a general or specific nature regarding the carrying out of its functions and the exercise of its powers in relation to matters appearing to the Minister to affect the national interest and the Council shall give effect to every such policy direction.14. Research and training institute
The Council shall support institutions engaged in research or training for cotton industry for the following objectives—Part III – Secretariat of the Council
15. Establishment and composition of the Secretariat
16. Appointment of Executive Director and other staff
The Council shall appoint an Executive Director and such otter officers as the Council may consider necessary to assist the Council in the execution of its duties, on such terms and conditions of service as the Council may determine.17. Duties of the Executive Director
18. Cotton Inspectors
19. Duties of Cotton Inspectors
Part IV – Cotton production
20. Varieties of cotton
21. Restriction on cotton seed importation, breeding and multiplication
22. Certified seeds grown
23. Reservation of cotton seeds
24. Distribution and planting of cotton seed
25. Power to prohibit movement of cotton seed
26. Declaration of quarantine area
27. Prevention of diseases
28. Destruction of infested cotton material
29. Authorized pesticides
30. Destruction of infested cotton plants
31. Exemption
The Minister may, in consultation with the Council, exempt any person from compliance with the provisions of any notice published under section 27, if the Minister is satisfied that the exemption is desirable for the purpose of scientific or experimental work.Part V – Regulation of the marketing and processing of cotton
32. Registration to engage in marketing and processing of cotton
33. General offences and penalties
Any person who contravenes a provision of this Act or a condition of any registration, commits an offence and shall be liable to an administrative penalty and cancellation of the registration by the Council.34. Replacement of a lost or destroyed registration
Part VI – Marketing, licensing and warehousing
35. Cotton marketing season
The Council shall, in consultation with the Minister and the Ministry responsible for industry and trade, announce the commencement and closure of the cotton marketing season.36. Grower to grade seed cotton
Every grower shall grade all seed cotton into the appropriate grades as determined under section 37 before the sale of seed cotton.37. Determination of the grades of cotton
The Council may by order, determine grades of seed cotton for sale at specified areas and for a specified period.38. Prohibition against mixing different grades of seed cotton
39. Prohibition against inclusion of foreign materials and nesting
40. Restriction on cotton buying
41. Cotton buying licence
42. Production of licence by a buyer
43. Non-assignability of cotton licence
A cotton buying licence shall not be assignable or transferable.44. Cotton warehousing
45. Cotton buying posts
46. Purchase of seed cotton
47. Prices to be linked to world market
All traders in cotton industry shall be guided in their dealing in respect of prices by taking into account, among other factors, the cost of production and the prevailing international market prices.48. Conditions to be observed by cotton buyers
49. Inspection of premises and records
50. Records of transactions
Part VII – Ginning and baling
51. Registration of a gingery
A person shall not erect or register or cause to be erected or registered a new cotton ginnery unless the following particulars have been submitted to and approved by the Council—(a)the name and address of the proposed ginner;(b)the name and address of each director or partner and the shareholding of each shareholder;(c)processing capacity of the ginnery;(d)planned production of the ginnery;(e)capacity number and area of warehouses;(f)existing transport facilities;(g)number and quality of skilled, semi-skilled and non-skilled personnel employed or to be employed; and(h)financial credit worthiness from a reputable bank.[Please note: numbering as in original.]52. Ginning licence
53. Conditions for ginning licence
54. Movement of seed cotton
55. Register of ginneries
The Council shall keep and maintain a register of all ginneries in respect of which licences have been issued.56. Ginning licence not assignable
A ginning licence shall not be assignable or transferable.57. Duties of holder of ginning licence
58. Form of licences
59. Cancellation or suspension of a licence and appeal
Part VIII – Purchase, sale and export of cotton lint and cotton seed
60. Sale or export of cotton lint and cotton seeds
Subject to the provisions of this Act, any person may purchase—61. Restriction on purchase and export of cotton
Part IX – Financial provisions
62. Funds of the Council
The finances of the Council shall include—63. Application of funds of the Council
The Council, may use any funds available to it under section 62 for all or any of the following purposes—64. Investment of funds and borrowing powers
65. Powers to impose levy
There shall be raised, collected and paid in respect of all cotton processed or imported into Malawi, a cotton levy at such rate as the Minister may, after consultation with the Minister responsible for finance, impose, by notice published in the Gazette.66. Payment of levy
Any levy imposed under the provisions of section 65 shall be paid by all cotton buyers, processors, exporters and importers and such levy shall be collected and expended as prescribed by the regulations made under this Act.67. Establishment of the Cotton Development Fund
68. Audit of accounts
69. Report and accounts to be submitted to Minister
70. Financial year of the Council
The financial year of the Council shall be a period of twelve months from 1st July to June 30th of the next year or on such other date as the Minister may specify by order published in the Gazette:Provided that the first financial year of the Council may be shorter or longer than the period of twelve months.71. Council to operate on sound financial principles
The Council shall perform its functions in accordance with sound financial principles.Part X – Miscellaneous provision
72. Immunity of members and employees of the Council
No action or other proceedings shall lie against a member or an employee of the Council in respect of any act or a thing done or omitted to be done in good faith in the exercise of his powers, duties and functions under this Act.73. Government institutions and private companies and others, to cooperate with the Council
Every ministry, department, other division of the Government, statutory corporation or private company, shall afford the Council all reasonable opportunity for consultation and shall, subject to any written law, provide the Council with any information that the Council may require.74. Fees
75. Regulations
76. Council to make rules
The Council may, with the approval of the Minister, make rules for the better carrying out of its functions and powers under this Act, and without prejudice to the generality of the foregoing, the Council may make rules—77. Administrative penalties
78. Offences by bodies corporate relating to state of mind
79. Offences by bodies corporate relating to liability of directors
Where an offence against a provision of this Act or regulations made hereunder is committed by a body corporate, each director of the body corporate shall be guilty of the offence and on conviction shall be liable to the same penalty unless it is established that he took reasonable precaution and exercised due diligence to avoid the commission of the offence.80. Penalties for offences by bodies corporate
Where a body corporate is convicted of an offence under this Act, the court may, if the court thinks fit, impose a pecuniary penalty not exceeding an amount equal to five times the amount of the maximum pecuniary penalty that could be imposed by the court on an individual convicted of the same offence.81. Penalties for continuing or subsequent offences
82. General penalty
Any person who commits an offence against a provision of this Act where no penalty is provided for shall, upon conviction, be liable to a fine of K1,000,000 and imprisonment for four years.83. Penalties for contravening regulations
Any regulations made under this Act may, notwithstanding the provisions of section 21 (e) of the General Interpretation Act, prescribe a fine of up to K1,000,000 and imprisonment for up to four years for contravention of any provision of such regulation.[Cap. 1:01]84. Repeal and savings
History of this document
31 December 2014 this version
Consolidation
01 February 2014
Commenced