Agriculture (Crop Production) Rules (Cap. 318)

[Rev. 2012] A11 - 97 [Issue 1] AGRICULTURE (CROP PRODUCTION) RULES, 1957 ARRANGEMENT OF RULES Rule 1. Citation. 2. Interpretation. 3. Forms. 4. Latest date of claim. 5. Earliest and latest dates of planting. 6. Conditions attached to production order. 7. Essential crops may not be retained without Boards Permission. SCHEDULES FIRST SCHEDULE – FORMS SECOND SCHEDULE – APPLICATION FOR THE RETENTION FOR CONSUMPTION ON THE FARM OF ESSENTIAL CROPS IN RESPECT OF WHICH A GUARANTEED MINIMUM RETURN ADVANCE HAS BEEN TAKEN AND IS IN WHOLE OR IN PART OUTSTANDING [Rev. 2012] [Issue 1] A11 - 98 AGRICULTURE (CROP PRODUCTION) RULES, 1957 [L.N. 478/1957, L.N. 151/1958, L.N. 101/1959, L.N. 352/1963.] 1. Citation These Rules may be cited as the Agriculture (Crop Production) Rules, 1957. 2. Interpretation In these Rules, unless the context otherwise requires— “Board” means the Central Agricultural Board; “committee” means the relative District Agricultural Committee; “earliest date of planting” means the date specified as such under rule 5; “latest date of planting” means the date specified as such under rule 5; “latest date of claim” means the date specified as such under rule 4. 3. Forms (1) Every programme of production shall be in Form 1 in the First Schedule. (2) Every production order shall be in Form 2 in the First Schedule and shall contain the conditions therein enumerated. 4. Latest date of claim The Board shall, by notice in the Gazette and in a newspaper or news bulletin circulating in the area concerned, declare annually, and either generally or in relation to a particular area, a latest date upon which claims for the payment of guaranteed minimum returns shall be received by the Board. 5. Earliest and latest dates of planting (1) Every provincial agricultural board shall, in respect of its area, declare— (a) an earliest date of planting; and (b) a latest date of planting, either generally or in relation to any particular crop or in relation to any particular part of its area or otherwise as it may deem appropriate, and may at any time alter or vary the same. (2) Such declarations, which shall be signed by the chairman, shall be issued in a form approved by the Board, and shall be published in a newspaper or news bulletin circulating in the area concerned. (3) Two copies of every such notice shall be sent to the Board, which shall arrange for its publication in the Gazette. 6. Conditions attached to production order No person upon whom a production order has been served shall be paid the guaranteed minimum return unless he— (a) properly cultivates and manages the land in respect of which the production order is in force and applies to the land such quantity and such type of fertilizer as may be required or be necessary to ensure a good or normal crop yield; and [Rev. 2012] A11 - 99 [Issue 1] (b) plants the required acreage with the specified essential crop between the earliest date of planting and the latest date of planting; (c) informs in writing the chairman of the committee of the acreage of any land planted by him with an essential crop other than the acreage specified in the production order, including with the notification a diagram clearly indicating the land planted under the terms of the production order and the other land so planted; and (d) informs in writing the chairman of the committee of any inability to comply with the requirements of a production order as soon as this becomes apparent to him and, if necessary, applies for an amendment thereto; and (e) in accordance with section 113 of the Act, informs in writing, by registered post, the chairman of the committee of any failure or anticipated failure of an essential crop at the time when the failure becomes apparent; and (f) makes a claim in writing for payment of the guaranteed minimum return in the form approved by the Board, which shall be submitted to the Board through the chairmen of the committee and provincial agricultural board, and which shall be received by the Board on or before the latest date of claim: Provided that where a claim is, through no fault of the claimant, not received by that date the Board may, if it thinks fit, entertain the claim. 7. Essential crops may not be retained without Board’s permission (1) No person upon whom a production order has been served and who, in compliance with the terms thereof, has planted any essential crop, and who has an outstanding advance against the guaranteed minimum return estimated to be payable in respect of that crop, may retain for his own use or for any other purpose any part of that crop without first obtaining the written consent of the Board. (2) A person who desires to retain any part of the crop shall make application to the appropriate committee so to do in the form in the Second Schedule. (3) Any person who fails to comply with this rule shall be guilty of an offence and liable to a fine not exceeding four thousand shillings or to imprisonment for a term not exceeding two months. FIRST SCHEDULE [Rule 3(1).] [Rev. 2012] [Issue 1] A11 - 100 [Rev. 2012] A11 - 101 [Issue 1] SECOND SCHEDULE [Rule 7.] APPLICATION FOR THE RETENTION FOR CONSUMPTION ON THE FARM OF ESSENTIAL CROPS IN RESPECT OF WHICH A GUARANTEED MINIMUM RETURN ADVANCE HAS BEEN TAKEN AND IS IN WHOLE OR IN PART OUTSTANDING [Rev. 2012] [Issue 1] A11 - 102 [Rev. 2012] A11 - 103 [Issue 1]