Agricultural Marketing Authority Act
- Commenced on 1 June 2005
- [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 Agricultural Marketing Authority Act [Chapter 18:24].
2. InterpretationIn this Act—“agricultural industry” means anything connected with the production, manufacture, preparation and marketing of agricultural products;“agricultural product” means any animal, plant, product or thing whatsoever which is used or produced in the course of agriculture or derived from agriculture;“agriculture”, without limiting the term, includes horticulture, viticulture, forestry and aquaculture and the use of land for any purpose of husbandry, including—(a)the keeping or breeding of livestock, game, poultry, animals or bees; and(b)the grazing of livestock or game; and(c)the growing of fruit, vegetables or the like;“Authority” means the Agricultural Marketing Authority established in terms of section four;“Board” means the Board of the Authority constituted in terms of section six;“buyer” means a person who, by himself or his or her agents, carries on the business of buying any agricultural product that is produced in Zimbabwe;“financial year” means the financial year of the Authority or the Fund, as the case may be, fixed in terms of section twenty-four or thirty-five, as the case may be;“Fund” means the Agricultural Marketing Fund established in terms of section thirty-one;“inspector” means a person appointed as an inspector in terms of section forty-six;“levy” means a levy imposed in terms of section thirty-seven;“member” means a member of the Board, including the chairperson;“Minister” means the Minister responsible for agriculture or any other Minister to whom the President may, from time to time, assign the administration of this Act;“processor” means a person who in Zimbabwe produces, manufactures or prepares for sale any product from an agricultural product of which he or she is not the producer;“producer” means a person who, by himself or herself or his or her agents, produces an agricultural product in Zimbabwe;“regulatory Act” means an Act governing any specific agricultural product.
3. Application of Act
Part II – Agricultural Marketing Authority
4. Establishment of AuthorityThere is hereby established an authority, to be known as the Agricultural Marketing Authority, which shall be a body corporate capable of suing and being sued in its own name and, subject to this Act, of performing all acts that bodies corporate may by law perform.
5. Functions and powers of Authority
6. Board of Authority
7. Disqualifications for appointment as member
8. Terms and conditions of office of members
9. Vacation of office by appointed members
10. Suspension of appointed members of BoardThe Minister may suspend from office an appointed member of the Board against whom criminal proceedings are instituted for an offence involving dishonesty and, whilst that member is so suspended, he or she shall not carry out any duties or be entitled to any remuneration or allowances as a member.
11. Filling of vacancies on BoardOn the death of, or the vacation of office by, an appointed member, his or her office shall be filled within three months in accordance with section six.
12. Meetings and procedure of Board
13. Committees of Board
14. Remuneration and allowances of members of Board and committeesEvery member of the Board or of a committee or co-opted persons shall be paid—
15. Disclosure of interests by members of Board and committees
16. Minutes of proceedings of Board and committees
17. Validity of decisions and acts of Board and committeesNo decision or act of the Board or a committee or act that is authorized by the Board or a committee shall be invalid solely because there was a vacancy in the membership of the Board or the committee or because a disqualified person purported to act as a member of the Board or the committee, as the case may be, at the time the decision was taken or the act was done or authorized.
18. Appointment and functions of chief executive of Authority
19. Execution of contracts and instruments by Authority.An agreement, contract or instrument approved by the Board may be entered into or executed on the Authority's behalf by any person generally or specially authorized by the Board for that purpose.
20. Reports of Authority
21. Minister may give Board directions on matters of policy
Part III – Financial provisions relating to Authority
22. Funds of AuthorityThe funds of the Authority shall consist of—
23. Investment of moneys not immediately required by AuthorityMoneys not immediately required by the Authority may be invested in such manner as the Board, in consultation with the Minister, may approve.
24. Financial year of AuthorityThe financial year of the Authority shall be the period of twelve months ending on the 31st December in each year.
25. Accounts of Authority
26. Audit of Authority’s accounts
27. Powers of auditors
28. Authority to make certain charges to revenue account
29. Establishment and operation of general reserve
30. Meeting of deficiencies
Part IV – Agricultural Marketing Fund
31. Establishment and object of Fund
32. Composition of FundThe Fund shall consist of—
33. Administration of Fund
34. Application of FundMoneys in the Fund shall be applied to the following purposes—
35. Financial year of FundThe financial year of the Fund shall be the period of twelve months ending on the 31st December each year.
36. Books of account and audit of Fund
Part V – Levies
37. Imposition of levies
38. Withdrawal, suspension or increase of leviesWithout derogation from section 21 of the Interpretation Act [Chapter 1:01], the Minister, in consultation with the Board, may, by statutory instrument—
39. Consultation and approval required for imposition, withdrawal, suspension or increase of leviesBefore publishing a statutory instrument in terms of section thirty-seven or thirty-eight, the Minister shall cause the Board to consult the organisations of producers, processors and buyers who will be affected by it.
40. Failure to pay, collect or remit levies
41. Recovery of unpaid leviesA levy and any interest or surcharge connected therewith shall be a debt due to the Fund, and any amount of levy or of such interest or surcharge that is not paid, collected or remitted may be recovered by the Minister, in his or her capacity as trustee of the Fund, by proceedings in a court of competent jurisdiction.
42. Minister’s powers in respect of levies in case of emergency
Part VI – General
43. Investigation into affairs of Authority
44. Information to be furnished to Minister and to Parliament
45. Minister may require statistics and informationThe Minister may direct the Authority to furnish him or her with such information and statistics as the Minister may from time to time require, and the Authority shall forthwith comply with any such direction.
46. InspectorsThe Authority may appoint persons employed by it to be inspectors for the purposes of this Act and shall furnish each person so appointed with a certificate signed by the chief executive stating that he or she has been appointed as an inspector.
47. Powers of entry and inspection
48. Information to be kept confidential
51. Repeal of Cap. 18:22 and savings
History of this document
01 June 2005