Tobacco Industry and Marketing Act
- Commenced on 1 January 1978
- [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 Tobacco Industry and Marketing Act [Chapter 18:20].[section amended by Act 5 of 1997]
Part II – Tobacco Marketing Board
3. Establishment of Tobacco Marketing BoardThere is hereby established a board, to be known as the Tobacco Industry and Marketing Board, which shall be a body corporate and shall, in its corporate name, be capable of suing and being sued and, subject to this Act, of performing all such acts as bodies corporate may by law perform.[definition amended by Act 5 of 1997]
4. Composition of Board
4A. Chairman and vice-chairman of Board
5. Term of office of memberA member shall hold office for a period of three years:Provided that the Minister may, on the appointment of a member, direct that he shall hold office for such lesser period as the Minister may fix.
6. Disqualification for appointment as memberThe Minister shall not appoint a person as a member and no person shall be qualified to hold office as a member who has—
7. Vacation of office by memberA member shall vacate his office and his office shall become vacant—
8. Minister may require member to vacate office or suspend him
9. Filling of vacanciesOn the death of, or the vacation of office by, a member, the Minister may appoint a person chosen in the same way as the member was chosen to fill the vacancy until the expiration of the period during which the member would, but for his death or the vacation of his office, have continued in office.
10. Meetings and procedure of Board
11. Committees of Board
12. Remuneration and expenses of members and members of committeeA member of the Board or of a committee established in terms of section eleven shall be paid from the funds of the Board—
13. Right of certain officers to attend meetings of Board or committeeSuch officers of the Public Service as the Minister may designate shall be entitled to attend meetings and to take part in the proceedings of the Board or of a committee established in terms of section eleven as if they were members thereof but they shall not have a vote on any question before the Board or committee, as the case may be.
14. 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—
15. Contracts and instruments of 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.
Part III – Functions and powers of Board
16. Functions of Board
17. Powers of BoardSubject to this Act, the Board shall, for the better exercise of its functions, have power to do or cause to be done, either by itself or through its agents, all or any of the things specified in the Schedule, either absolutely or conditionally and either solely or jointly with others, and in so doing may deal differently with different persons and premises and different types, grades and varieties of tobacco.
18. Reports of BoardThe Board—
Part IV – Financial provisions relating to Board
19. Funds of BoardThe funds of the Board shall consist of—
20. ***[section repealed by Act 5 of 1997]
21. Accounts of Board
22. Audit of accounts of Board
23. Powers of auditors
Part V – Registration and duties of growers
24. Register of growersThe Board shall keep in a form approved by the Minister an annual register of all growers and may keep separate registers for different classes of growers.
26. Registration feeThe Board, with the approval of the Minister, may prescribe a registration fee and a late registration fee for all growers or for any specified class of growers.
27. Allotment of registered numbers
28. Only growers who are registered to sell tobacco
29. Marking of registered numbers on bales
30. Failure of registered grower to furnish return
31. Delivery by registered grower of tobacco in excess of delivery quotaA registered grower who delivers or causes to be delivered to a licensed auction floor tobacco in excess of his delivery quota as fixed by the Board in terms of paragraph 24 of the Schedule shall not deliver or cause to be delivered to a licensed auction floor for sale any further tobacco for such a period as the Board may fix.
32. Cancellation of registration of grower
Part VI – Licensing of graders
33. Graders to be licensed
34. Application for graders licence
35. Cancellation or suspension of graders licence
Part VII – Licensing of buyers
36. Buyers to be licensed
37. Application for buyers licence
38. Cancellation or suspension of buyers licence
Part VIII – Licensing of auction floors
39. Board to licence auction floorsThe Board shall license such premises as it considers sufficient and suitable for the sale of auction tobacco.
40. Auction tobacco to be sold only on licensed auction floor
41. Application for auction floor licence
42. Cancellation or suspension of auction floor licence
43. Conditional authority for auction floor licence
Part IX – Sale of tobacco on licensed auction floors
44. Auction tobacco to be sold on licensed auction floor
45. Sale of auction tobacco grown within Zimbabwe
46. Sale of auction tobacco grown outside Zimbabwe
47. Delivery of licensed auction floors of auction tobacco which was grown in previous growing season
48. Auction tobacco to be sold only on sale days in the selling season, etc.
49. Deductions from purchase price of auction tobacco
50. Charges of holders of auction floor licencesThe holder of an auction floor licence—
51. Disposal of auction tobacco which is left unsold
52. Supervision, suspension and prohibition of sales on licensed auction floors
Part X – Imposition of levy on tobacco
53. Imposition of levy
54. Prescribing of matters relating to levy
55. Withdrawal or suspension of levy
55A. Establishment of levy account
55B. Disbursement of tobacco levyFrom the moneys in the tobacco levy account the Minister shall, in each financial year—
56. Objects of levy and levy fund
57. Summary judgment for levy in criminal proceedings
58. Recovery of levyThe Secretary may, by proceedings in a court of competent jurisdiction, recover the amount of the levy which is due in terms of this Act from a person required in terms of this Act to pay the levy or to collect and remit the levy to the Secretary.[section amended by Act 5 of 1997]
Part XI – Marketing quotas and pools
59. Control of marketing of tobacco of specified type or grade
60. Evidence of amount of marketing quotasA certificate by the Board stating the amount of the marketing quota of a registered grower shall, on its production by any person in any court, be prima facie evidence of the amount of his marketing quota.
61. Establishment of poolsIf the Board, after consultation with the recognized Growers Association, considers that it is necessary or desirable that—(a)tobacco of a particular type or grade which is grown in Zimbabwe or the proceeds thereof should be collected into a pool for disposal by the Board; or(b)tobacco which remains or will remain unsold after the close of a selling season should be collected into pools for disposal by the Board;the Board may establish a pool for the collection and disposal of such tobacco or the proceeds thereof.
62. Board may dispose of over-quota tobacco otherwise than through poolsNothing in section sixty or sixty-one shall be construed as precluding the Board from accepting and disposing of or providing for the disposal of over-quota tobacco in such manner and on such terms as the Board considers reasonable without collecting such tobacco into a pool:Provided that the Board shall first offer such over-quota tobacco to licensed buyers.
Part XII – General
63. Sale of tobacco other than auction tobacco
64. Marketing of tobacco which is not of prescribed variety prohibited
65. Limitations on use of remedies
66. Destruction of tobacco or tobacco seed in certain circumstances
67. Powers of inspectors in connection with tobacco which is not of prescribed variety or which is treated with an unauthorized remedy
68. Authorization of growing or marketing of tobacco which is not of prescribed variety
69. Appointment of inspectorsSubject to the law relating to the Public Service, the Minister may, for the purposes of this Act, appoint persons as inspectors:Provided that the Minister shall not appoint as an inspector any person or class of persons in the employment of the Board without the consent of the Board.
70. Proceedings on failure of Board to comply with Act
71. Fixing of minimum prices at which tobacco may be sold
72. Fixing of minimum price at which tobacco stems may be soldNo person shall sell tobacco stems to a person in Zimbabwe who manufactures tobacco for the purposes of smoking, chewing or snuffing below a minimum price fixed by the Board.
73. Duties of licensed buyers
74. Resale of tobacco bought for the local market below the appropriate minimum price
75. Destruction of tobacco which remains unsold
76. Manufacture, etc. of auction tobacco not sold on licensed auction floors prohibited
77. Certain returns to be confidential
78. Period of validity of licencesA licence issued by the Board in terms of this Act shall not be valid after the 31st December of the year in respect of which the licence is issued.
79. Fees payable on issue of authorities, licences or permits by Board
80. Regulatory powers of Minister
81. General offences and penalties
History of this document
01 January 1978