Grain Marketing Act
- Commenced on 1 May 1966
- [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 Grain Marketing Act [Chapter 18:14].
2. InterpretationIn this Act—“auditors” means the auditors appointed in terms of section twenty-four;“Board” means the board of the Grain Marketing Board referred to in section four;“controlled product” means any agricultural product or any product derived therefrom declared by the Minister, in terms of section twenty-nine to be a controlled product;“financial year” means the period of twelve months ending on the 31st March each year;“Grain Marketing Board” means the Grain Marketing Board established by section three;“member” means member of the Board;“miller” means any person who carries on the business of milling or processing any controlled product;“Minister” means the Minister of Agriculture or any other Minister to whom the President may from time to time assign the administration of this Act;“prescribed area”, in relation to a controlled product, means any area prescribed by the Minister under section twenty-nine in which that product is a controlled product;“producer” means any person who, by himself or his agents, grows any controlled product, so, however, that if a member of any co-operative company or co-operative society registered in terms of any law relating to such companies or societies is under an obligation to deliver any controlled product grown by him to such co-operative company or co-operative society, the controlled product delivered to the Grain Marketing Board by such member shall be deemed to have been delivered for the account of such co-operative company or co-operative society, which shall, from the time of such delivery, be deemed to be the producer of the controlled product thus delivered;“receiving depot” means any place appointed by the Grain Marketing Board in terms of any rules made under paragraph 2 of the Schedule to be a receiving depot;“sell” includes—(a)sell by auction;(b)offer or attempt to sell;(c)expose, display or advertise for sale;(d)sell under an agreement in terms of the Hire-Purchase Act [Chapter 14:11];(e)exchange or dispose of for any valuable consideration;and the expressions “sale”, “seller”, “purchaser”, “buyer”, “purchase”, “acquire” and “buy” shall be construed accordingly.
Part II – Establishment of Grain Marketing Board
3. Establishment of Grain Marketing BoardThere is hereby established a board to be known as the Grain Marketing Board, which shall be a body corporate and shall be capable of suing and being sued in its corporate name and, subject to this Act, of performing all such acts as a body corporate may by law perform.
4. Board of the Grain Marketing BoardThe operations of the Grain Marketing Board shall, subject to this Act, be controlled by a board, to be known as the Board of the Grain Marketing Board, appointed in terms of this Part.
5. Membership of Board
6. Conditions of office of members
7. Disqualification for appointment as a memberThe Minister shall not appoint a person as a member and no person shall be qualified to hold office as a member who—
8. Vacation of office by memberA member shall vacate his office and his office shall become vacant—
9. Member may be required to vacate office or be suspended
10. Filling of vacanciesSubject to section five, on the death of or the vacation of office by a member, the Minister may appoint a person to fill the vacancy.
11. Meetings and procedure of Board
12. Committees of the Board
13. Right of certain officers to attend meetings, etc., of Board and committeesSuch officers of the Public Service as the Minister may designate shall be entitled—
14. Remuneration and expenses of membersA member or an alternate member of the Board or a member of a committee of the Board shall be paid from the funds of the Grain Marketing Board—
15. Members to declare interests
16. Validity of decisions and acts of BoardNo decision or act of the Board or act done under the authority of the Board shall be invalid by reason only of the fact that—
17. Execution of contracts and instruments by Grain Marketing BoardAn agreement, contract or instrument may be entered into or executed on behalf of the Board by any person or persons generally or specially authorized by the Board for that purpose.
18. Transaction of business of an urgent natureIf it is not practicable to hold a meeting of the Board for the transaction of business of an urgent nature, the chairman, after consulting such of the other members as are available in the circumstances, may deal with the business himself and, as soon as practicable thereafter, shall give to the Board full particulars of the nature and extent of the urgency of the business, the circumstances in which the urgency arose and the action taken by him in the matter.
Part III – Financial provisions relating to Grain Marketing Board
19. Trading reserve funds
20. Revenue account
21. Redemption of loans
22. Accounts of Grain Marketing Board
23. Reports of Grain Marketing BoardIn addition to the annual report which the Grain Marketing Board is required to submit to the Minister in terms of section 44 of the Audit and Exchequer Act [Chapter 22:03], the Grain Marketing Board—
24. Appointment of auditors and audit of accounts
25. Powers of auditorsThe auditors shall be entitled at all reasonable times to require to be produced to them all accounts and other records relating thereto kept by the Grain Marketing Board and to require from any member or person in the employ of the Grain Marketing Board such information and explanations as in their opinion are necessary for the purposes of their audit.
Part IV – Functions, duties and powers of Grain Marketing Board
26. Functions and duties of Grain Marketing BoardThe functions and duties of the Grain Marketing Board shall be—
27. Appointment of general manager
28. Powers of Grain Marketing BoardThe Grain Marketing Board shall, subject to this Act, have power to do all or any of the things specified in the Schedule, either absolutely or conditionally and either solely or jointly with others.
Part V – Controlled products and prices
29. Declaration of controlled products
30. Restriction on movement of controlled products into or out of prescribed areasSubject to section thirty-five, no person shall—
31. Fixing of prices
Part VI – Controls relating to dealing with controlled products
33. Sale or delivery of controlled products
34. Acquisition and disposal of controlled products
35. Controlled products exempted from Act
Part VII – General
36. Exemption of Grain Marketing Board from liabilityNo liability shall attach to the Grain Marketing Board or to any member of the Board for any loss or damage sustained by any person as a result of the bona fide exercise or performance by the Grain Marketing Board or a committee thereof or by any employee or agent of the Grain Marketing Board of any power or duty conferred or imposed upon the Grain Marketing Board by this Act:Provided that this section shall not be construed so as to prevent any person from recovering, by action in any competent court, compensation for any loss or damage sustained by him which was caused by negligence or breach of contract.
36A. Legal proceedings against Board
37. Powers of Board to make deductions from payments due to producers, etc.
38. Powers of police officers and authorized persons
39. Regulatory powers of Minister
40. Offences and penalties
41. Evidence and presumptions
42. Acts and omissions of managers, agents or 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.
43. Minister may give directions on matters of policy
History of this document
01 May 1966