Sugar Production Control Act
- Commenced on 18 September 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]
Part I – Preliminary
1. Short titleThis Act may be cited as the Sugar Production Control Act [Chapter 18:19].
2. InterpretationIn this Act—“Association” means the Zimbabwe Sugar Association;“cane delivery quota” means the quantity of sugar cane a grower may deliver to a factory during the period referred to in subsection (1) of section thirteen;“factory” means a factory registered in terms of the Factories and Works Act [Chapter 14:08] in which sugar is manufactured from sugar cane;“factory quota” means the quantity of raw sugar a miller may sell during the period referred to in subsection (1) of section five;“grower” means a person who grows sugar cane for the purpose of delivery to a factory and who is licensed in terms of this Act;“manufacture” means to manufacture sugar from sugar cane in a factory;“miller” means a person who, by himself or his agents or servants, manufactures sugar in Zimbabwe and who is licensed in terms of this Act;“Minister” means the Minister of Industry and Commerce or any other Minister to whom the President may, from time to time, assign the administration of this Act;“private grower” means a grower in whose business as a grower no miller, no owner of the business of a miller or no owner of a factory has a direct or indirect pecuniary interest;“quantity” means quantity in tonnes;“raw value”, in relation to any quantity of sugar, means its equivalent quantity in terms of raw sugar testing ninety-six sugar degrees by the polariscope;“Secretary” means the Secretary of the Ministry for which the Minister is responsible;“sugar” means sugar in any of its recognized commercial forms derived from sugar cane grown in Zimbabwe, including edible and fancy molasses, syrups and any other form of liquid sugar used for human consumption other than final molasses and noncentrifugal sugar produced by primitive methods.
Part II – Control of sugar manufacture
3. Miller to be licensed
4. Miller not to furnish false informationNo miller shall knowingly furnish false information in any return required to be submitted to the Secretary under this Act.
5. Making of orders by Minister
6. Miller not to sell in excess of factory quotaSubject to this Part, a miller to whom a factory quota has been allotted shall not, during the period referred to in such quota, sell a greater quantity of sugar by raw value than that referred to in such quota.
7. Miller may transfer factory quota to another miller
8. Sugar cane to be received only from one growerNo miller shall receive sugar cane grown in Zimbabwe for the manufacture of sugar other than from a grower or his duly authorized servant or agent.
9. Millers to accept sugar cane from growersNo miller shall, without reasonable cause, refuse to accept sugar cane for the manufacture of sugar delivered to him by a grower in accordance with a cane delivery quota.
10. Determination of prices for sugar cane delivered by private grower
Part III – Control of sugar cane production
11. Growers to be licensed
12. Cancellation of licenceIf the Minister is satisfied that a grower—
13. Making of orders by Minister
14. Grower to deliver sugar cane to prescribed miller or factoryA grower for whom the Minister has specified a miller or factory for the purposes of delivering sugar cane shall not deliver sugar cane to any miller or factory other than that specified by the Minister.
15. Grower not to deliver greater quantity than cane delivery quotaSubject to this Part, a grower to whom a cane delivery quota has been allotted shall not, during any period referred to in the quota, deliver to the miller or factory mentioned in the quota any quantity of sugar cane greater than that referred to in the quota.
16. Grower may transfer cane delivery quota to another grower
Part IV – General
17. Appointment of inspectorsSubject to the law relating to the Public Service, the Minister may, after consultation with the Minister responsible for agriculture, appoint persons as inspectors for the purposes of this Act.
18. Minister may make regulations
19. Evidence of amount of factory quota or cane delivery quotaA certificate by the Secretary stating the amount of the factory quota of a miller or the amount of the cane delivery quota of a grower shall on its production by any person in any court be conclusive evidence of the amount of the factory quota or cane delivery quota of such miller or grower, as the case may be.
20. EvidenceAt the trial of any person charged with any contravention of this Act, any statement contained in any return furnished by or on behalf of the accused in terms of this Act, and any statement or record contained in any book, account or document kept by the accused or an employee or agent of the accused on his behalf shall be admissible in evidence unless it is proved that the return, statement or record was not made by the accused, by any person in his employ or by his agent.
21. Acts and omissions of managers, agents and employeesWhenever the manager, agent or employee of any person does or omits to do anything which it would be an offence under this Act for such person to do or omit to do, such person shall be deemed himself to have done or omitted to do such thing and be liable to the penalties therefor in terms of this Act unless he proves to the satisfaction of the court that all reasonable steps were taken by him to prevent any act or omission of the kind in question:Provided that the fact that the person issued instructions forbidding in respect of his manager, agent or employee any act or omission of the kind in question shall not by itself be accepted as sufficient proof that he took all reasonable steps to prevent the act or omission.
22. Offences and penalties
History of this document
18 September 1964