Tobacco Act (Chapter 65:02)
Malawi
Tobacco Act
Chapter 65:02
- Assented to on 24 August 1970
-
Commenced on 24 August 1970
- [This is the version of this document at 31 December 2014 and includes any amendments published up to 31 December 2017.]
- [Note: This version of the Act was revised and consolidated in the Fourth Revised Edition of the Laws of Malawi (L.R.O. 1/2015), by the Solicitor General and Secretary for Justice under the authority of the Revision of the Laws Act.]
This Act may be cited as the Tobacco Act. In 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] The persons responsible for uprooting tobacco plants under section 3 shall be—(a)in the case of tobacco planted by a tenant, the tenant;(b)in the case of tobacco planted on land which is leased or subleased, the lessee or sublessee;(c)in the case of tobacco planted on land which is not leased or subleased, the owner of such land;(d)in any other case, the person who planted the tobacco or caused it to be planted, or both such persons. No 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. Every 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. For 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. The 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. Application 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] The 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. In respect of an application for a tobacco buying licence a licensing authority may—(a)if the application is approved, issue the licence to the applicant as soon after such approval as possible;(b)if the application is refused, advise the applicant in writing of such refusal as soon after such refusal as possible, and forward a copy of such advice to the Minister. Where 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. It shall be a condition of every tobacco buying licence or exclusive tobacco buying licence that the licensee may not purchase tobacco—(a)in excess of any amount specified in his licence;(b)which has not been grown on the area of land specified on his licence;(c)of a grade or class excluded on his licence. In any prosecution for an offence under this Act—(a)any tobacco which is the subject of a charge shall be presumed to be tobacco within the meaning of those expressions as defined in this Act, and the burden of proving the contrary shall be on the accused;(b)a certificate under the hand of the Commissioner for Lands that any land is customary land, public land or private land, or that any land is not included in the area of land specified in any licence, shall be admitted as evidence of the facts stated in such certificate, and the burden of proving the contrary shall be on the accused. A 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. If any person—(a)in connexion with an application for registration as a grower of tobacco or for the issue of any licence or permit under this Act; or(b)in or in connexion with any return required by this Act or any record or book kept in pursuance of this Act,knowingly makes any statement or gives any information which is false in any material particular, he shall be guilty of an offence. Any person who wilfully obstructs or hinders any person in the performance of his duties under this Act shall be guilty of an offence. Any 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. Where 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. The 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. Any person who buys tobacco contrary to the conditions of his licence or authority to buy tobacco shall be guilty of an offence. The 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—(a)the duties of licensing authorities and other public officers under this Act;(b)the forms to be used for any registration certificate, licence, return or application;(c)the manner in which any payment for tobacco shall be made;(d)the fees for any licence, certificate or application;(e)general conditions to be attached to licences required under this Act and further specific conditions which may be imposed by a licensing authority;(f)the returns to be made for the purposes of this Act;(g)the manner in which tobacco may be cured;(h)the movement of tobacco within Malawi;(i)any matter to be or which may be prescribed under this Act. When 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]Part I – Preliminary
1. Short title
2. Interpretation
Part II – The uprooting of tobacco, tobacco seed
3. Tobacco plants to be uprooted at direction of Minister
4. Persons responsible for uprooting
5. Tobacco seed
Part III – Tobacco registration
6. Registration of tobacco growers
7. Selling prohibited without registration certificate
8. Endorsement of registration certificate
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 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 industry
Part VI – Tobacco buying licences
17. Designation of licensing authorities
18. Application for licence
19. Exclusive tobacco growing licence
20. Procedure for licensing authority
21. Grounds for refusal of licence
22. Revocation or suspension of licences
23. Appeal
24. Register
25. Condition of licence
Part VII – Miscellaneous
26. Evidence
27. Power of entry
28. Display of licence, etc., and price list
29. False statements
30. Hindrance of person performing duty
31. Failure to produce document
32. Order prohibiting sale, etc., where licence, etc., believed violated
33. Hours during which tobacco may be bought
34. Compliance with conditions of licence, etc.
35. Penalties
36. Regulations
37. Special Crops Act to prevail in case of conflict