Farmers Stop-order Act
- Commenced on 2 March 1964
- [This is the version of this document at 31 December 2016 and includes any amendments published up to 31 December 2017.]
- [Note: This version of the Act was revised and consolidated by the Law Development Commission of Zimbabwe]
1. Short titleThis Act may be cited as the Farmers Stop-order Act [Chapter 18:11].
2. InterpretationIn this Act—“addressee” means the person instructed by a registered stop-order or a special stop-order to make payment in terms thereof;“addressee’s fees” means the fees referred to in section nineteen;“Agricultural Finance Corporation” means the Corporation established by section 3 of the Agricultural Finance Corporation Act [Chapter 18:02];“certificate” means a certificate of registration issued by the Registrar in terms of section seven;“crop” means any vegetable product of the soil;“farmer” means any person who grows or produces a crop;“holder” means—(a)the payee of a registered stop-order or of a special stop order; or(b)the cessionary of a registered stop-order;“prescribed costs” means such costs and charges as may be prescribed, connected with the insurance, grading, sorting, marketing, including transporting, processing and treatment incidental thereto, and sale of a crop;“Register” means the Register of Stop-orders kept by the Registrar in terms of this Act;“registered” means registered in terms of this Act;“Registrar” means the Registrar of Farmers Stop-orders referred to in section three and, subject to subsection (2) of that section, includes an assistant registrar;“special stop-order” means an unregistered stop-order—(a)which has been executed by a farmer who farms within Communal Land or within such other area as may be prescribed; and(b)of which the payee is the Agricultural Finance Corporation;“stop-order” means any written agreement or undertaking executed by a farmer whereunder he—(a)purports to give to the holder any right, title or interest in or over the whole or part of any crop which has been, is being or is to be grown or produced in Zimbabwe or the proceeds thereof; and(b)authorizes any person to pay to the holder the whole or part of the proceeds of such crop.
3. Registrar and assistant registrars
5. Registration does not cure invalid stop-orderThe registration of a stop-order shall not cure any defect therein or confer on it any effect of validity which it would not otherwise have had except in so far as is provided by this Act.
6. Requirements of stop-orders
8. Register of special stop-orders
9. Receipt of certificate by addresseeUpon the receipt of a certificate the addressee shall be bound by its terms and he shall, not later than seven days thereafter, acknowledge such receipt to the holder and the farmer in the manner prescribed, and if the addressee has been declared to be the agent of the farmer for the purpose of the payment of tax on behalf of the farmer in terms of the Income Tax Act [Chapter 23:06], he shall, within the aforesaid period and in the manner prescribed, inform the holder and the Registrar of the amount of tax he is so required to pay at the time of the receipt of such certificate. The Registrar shall enter such amount in the Register.
10. Receipt of special stop-order by addresseeUpon the receipt of a special stop-order the addressee shall be bound by its terms and he shall, not later than seven days thereafter, acknowledge such receipt to the Agricultural Finance Corporation, and, if the addressee has been declared to be the agent of the farmer for the purposes of the payment of tax in terms of the Income Tax Act [Chapter 23:06], he shall, within the aforesaid period, inform the Agricultural Finance Corporation of the amount of tax he is required to pay at the time of the receipt of such special stop-order.
11. Cancellation or reduction of stop-order
12. Priority of stop-orders
13. Stop-orders prior to any other agreementSave as otherwise provided in any enactment or this Act, but notwithstanding anything to the contrary contained in the Companies Act [Chapter 24:03] or the Co-operative Societies Act [Chapter 24:05], no proceeds of any crop or part thereof delivered by or on behalf of a farmer or his legal representative for marketing shall be applied towards the settlement of any debt, including set-off, or in accordance with any agreement, express or implied, or any arrangement or instructions of any kind whatsoever, or paid to the farmer or any other person, until all prescribed costs, addressee’s fees, registered stop-orders and special stop-orders payable in respect of such crop or part thereof have been paid in full.
14. Cession of stop-order
15. Prior claims by co-operatives
16. Prescribed costs
17. Special provisions relating to certain tobacco crops
18. Payment of insurance moneys
19. Addressee’s feesThe addressee of any registered stop-order or special stop-order may charge fees not exceeding such maximum limits as may be prescribed for his services in connection with the acceptance and payment of such stop-order and for matters incidental thereto. Such fees shall for all purposes rank in priority to such stop-order.
20. Addressee to supply informationSo long as any registered stop-order, special stop-order or prescribed costs have not been satisfied in full the addressee shall, not later than seven days after receipt of a written request from the holder or the payee, as the case may be, supply him with all available information relating to the disposal of the crop bound by such stop-order and the proceeds thereof.
21. Liability of addressees
22. Registrar indemnifiedNo act or omission of the Registrar shall render the State or the Registrar liable for any loss or damage sustained by any person in consequence of such act or omission:Provided that—
23. Effect of stop-orders, etc., on sale of crop in execution
24. Offences and penalties
History of this document
02 March 1964