National Agricultural Products (Amendment No. 2) Regulations 2016 (GN No. 182 of 2016)

National Agricultural Products (Amendment No. 2) Regulations 2016 GN No. 182 of 2016 Government Gazette of Mauritius No. 77 of 1 September 2016 THE NATIONAL AGRICULTURAL PRODUCTS REGULATORY OFFICE ACT Regulations made by the Minister under section 24 of the National Agricultural Products Regulatory Office Act 1. These regulations may be cited as the National Agricultural Products (Amendment No. 2) Regulations 2016. 2. In these regulations ―principal regulation‖ means the National Agricultural Products Regulations 2013. 3. Regulation 2 of the principal regulations is amended by in setting, in the appropriate alphabetical order, the following new definition – ―co-operative society‖ includes a co-operative credit society; 4. Regulation 6 of the principal regulations is amended by adding the following new paragraphs, the comma at the end of paragraph (b) being deleted and replaced by a semicolon (c) a co-operative society with a cultivator of green leaves; (d) a co-operative society with a producer of tea products, 5. Regulation 33 of the principal regulations is amended – (a) in paragraph (1) (i) in subparagraph (a), by inserting, after the word “basis‖, the words ―not later than the end of the month‖ (ii) in subparagraph (b)(ii), by deleting the words ―31 December‖ and replacing them by the words ―20 December‖; (b) in paragraph (3), in subparagraph (b)(ii), by deleting the words ―31 December‖ and replacing them by the words ―24 December‖. 6. The First Schedule to the principal regulations is amended, in Part I, by adding the following new item and its corresponding entry – Export of tea products 5,000 per contractual tea year 7. The Second Schedule to the principal regulations is amended, in Part II, in item 2 – (a) by deleting the following sub-item and its corresponding entry (h) green tea producis in 40 per kg or part thereof packets of 125 grammes and replacing it by the following sub-item and its corresponding entry (h) green tea products 40 per kg or part thereof packets of 1 kg or above (b) by deleting the following item and its corresponding entry 3. Export of tea products 5000 per contractual tea year 8. The Third Schedule to the principal regulations is amended (a) in Part II, in paragraph 7 (i) in subparagraph (a) by deleting the words ―and in any case not later than the fifth of the following month,‖; (ii) in subparagraph (a), by deleting the words ―31 December‖ and replacing them by the words 24 December; (b) in Part III, in paragraph 12 (i) in subparagraph (a), by deleting the words ―and in any case not later than the fifth of the following month,‖; (ii) in subparagraph (c), by deleting the words ―31December‖ and replacing them by the words 20 December‖; (c) by adding Parts IV and V set out in the Schedule to these regulations. 9. These regulations shall come into operation on 1 September 2016. Made by the Minister on 23 August 2016 FIRST SCHEDULE [Regulation 8(c)] PART IV CONTRACT BETWEEN CO-OPERATIVE SOCIETY AND CULTIVATOR OF GREEN LEAVES CONTRACT BETWEEN Mr/Ms ......................................................................................residing at .............................................................................................President of .................................................................................Credit Tea Marketing Co-operative Society (CTMCS), registration number ....................................... AND Mr/Ms..........................................................................................residing at ....................................................................................................,Secretary Of CTMCS, hereinafter called the Co-operative Society. ON THE ONE PART AND Mr/Ms..........................................................................................holder of National Identity Card number...........................................................and residing at.................................................................hereinafter called, the Cultivator. ON THE OTHER PART It is hereby agreed between the Co-operative Society on the one part and the cultivator on the other part that (a) the Cultivator is a member of the Co-operative Society and is licensed with the National Agricultural Products Regulatory office (NAPRO); (b) the Cultivator undertakes deliver to the Co-operative Society during the contractual year all green leaves plucked on a portion of land of an aggregate area of.............................. ...................Arpents, situate at ...............................................................in the the district of .............................................................and yielding approximately ..................................... kilogrammes of green leaves per contractual year; (c) the green leaves shall be delivered to the Co-operative Society at a place and time convenient to both parties. The Co-operative Society or his duly authorised agent shall check and weigh the green leaves and shall issue a receipt in a form as NAPRO may approve, for every consignment of green leaves received from the Cultivator; (d) the Cooperative Society arid the cultivator shall be bound by the weight recorded on the receipt unless at the time of issue of the receipt, either the Co-operative Society or the Cultivator raises an objection as to the weight recorded; (e) the Co-operative Society and the Cultivator agree, in the event of an objection as to the weight being recorded and which is riot settled between both parties to refer the matter to the NAPRO for adjudication; (f) where the transport of the green leaves is undertaken by the Cooperative Society, the Cultivator shall pay to the Co-operative Society the cost of the transport at such rate as may be agreed between the panics with the approval of NAPRO; (g) the Co-operative Society and the Cultivator shall fix the date, time and the rate or delivery of the green leaves. In the event of any dispute arising with regard to the date, time and rate of delivery, the dispute shall be referred to NAPRO for adjudication; (h) the Co-operative Society shall be entitled to refuse green leaves which are not conformed to the standard laid down by NAPRO. In the case of dispute, the matter shall be referred to NAPRO for adjudication; (i) the Cultivator undertakes, on receipt of a notice under paragraph (j), to cease the plucking of green leaves until he receives notice from the Co-operative Society or his duly authorised agent of alternative arrangements; (j) the Co-operative Society undertakes, in the event of any notice of stoppage at the factory to (i) give notice of the stoppage to the Cultivator: and (ii) arrange with the Producer to take delivery of such quantity of green leaves already plucked; (k) the Co-operative Society may deduct on account at its surface moisture content 3 per cent of the net weight of green leaves recorded on the scale as same shall be deducted by the Producer; (l) the Co-operative Society shall (i) at the end of every month, pay to the Cultivator any amount due on account of the minimum interim price fixed by NAPRO at the beginning or during the course of the contractual year for green leaves supplied during the month; (ii) pay to the Cultivator, not later than 31 August following the end or the contractual year, a first partial payment of the final price as NAPRO may determine; (iii) where the final price is not determined by 30 November following the end of the contractual year, pay to the Cultivator, not later than 24 December following the end of that year, a second partial payment of the final price as NAPRO may determine; (iv) pay to the Cultivator the final price as NAPRO may determine, at latest within one month after the publication of the final price in the Gazette. Payment shall be effected after deduction of partial payments made under subparagraphs (ii) and (iii); (m) the Co-operative Society shall be entitled to deduct any amount advanced to the Cultivator from any money accruing to the Cultivator including transportation cost, if any; (n) both the Cultivator and the Co-operative Society shall abide by the NAPRO’s adjudication under paragraphs (e), (g) and (h) of this Contract; (o) both the Cultivator and the Co-operative Society shall strictly adhere to the terms and conditions laid down by the National Agricultural Products Regulatory Office Act and any regulations made thereunder; (p) This Contract shall take effect on 1 July ...................................... and shall remain in force until 30 June ......................................... Made in duplicate and in good faith at ........................................................................... On .....................................................and registered with NAPRO. ............................................. ........................................................... Signature of Cultivator Signature of representative of Cooperative Society FOR OFFICE USE ONLY Registered at NAPRO under section 15 of the National Agricultural Products Regulatory Office Act ................................ ....................................................... Date Signature of representative of NAPRO PART V CONTRACT BETWEEN COOPERATIVE SOCIETY AND PRODUCER OF TEA PRODUCTS CONTRACT BETWEEN Mr/Ms ..................................................................................................residing at ............................................................................................................, President of ...........................................................................................Credit Tea Marketing Cooperative Society (CTMCS) AND Mr/Ms................................................................................................, residing At .............................................................................................., Secretary Of ........................................................................................................CTMCS, hereinafter culled the Cooperative Society ON THE ONE PART AND ................................................................................................. represented by Mr/Ms .........................................................................................., situated at ..............................................................................................,hereinafter called. the Producer. ON THE OTHER PART It is hereby agreed between the Co-operative Society on the one part and the Producer on the other part that – (a) the members of the Co-operative Society arc licensed with the National Agricultural Products Regulatory Office (NAPRO). The Iist of members and licence numbers are annexed; (b) the Co-operative Society undertakes to deliver to the Producer during the contractual year ..................... all green leaves which members of the Co-operative Society shall pluck on a portion of land of an aggregate area of .................... Arpents, situate at ................................ in the district or ........................... and yielding approximately..........................kilogrammes at green leaves per contractual year; (c) the green leaves shall he delivered by the Co-operative Society at a place and time convenient to both parties. The Co-operative Society or his duly authorised agent shall be present at the time when the green leaves are checked and weighed. The Producer shall issue a receipt in the form approved by NAPRO, for every consignment of green leaves received from the Co-operative Society; (d) the Co-operative Society and the Producer shall be bound by the weight recorded on the receipt unless at the time of issue of the said receipt, either the Cooperative Society or the Producer raises an objection as to the weight recorded; (e) the Co-operative Society and the Producer agree, in the event of an objection as to the weight being recorded arid which is not settled between both parties to refer the matter to the NAPRO for adjudication: (f) where the transport of the green eaves is undertaken by the producer, the Co-operative Society shall pay to the Producer the cost of the transport at such rate as may be agreed between the parties with the approval of NAPRO; (g) the Co-operative Society and the Producer shall fix the date, time and rate of delivery of the green leaves. In the event of any dispute arising with regard to the date, time and rate of delivery, the dispute shall be referred to NAPRO for adjudication; (h) the Producer shall be entitled to refuse green leaves which are not conform to the standard laid down by NAPRO. In the case of dispute, the matter shall he referred to NAPRO for adjudication; (i) the Co-operative Society undertakes, on receipt of a notice under paragraph (j), to cease the plucking of green Ieaves until the Co-operative Society receives notice from the Producer or his duly authorised agent of alternative arrangements; (j) the Producer undertakes, in the event of any stoppage at the factory, to – (i) give notice of the stoppage to the Co-operative Society; (ii) take delivery of such quantity of green leaves already plucked; and (iii) make such arrangements as are possible, in case the stoppage last for more than 48 hours, with another factory to take the green leaves of the Co-operative Society, any transportation cost to be borne by the Producer. (k) where the Co-operative Society delivers wet green leaves to the Producer, the Producer shall on account of its surface moisture content, be entitled to deduct 3 per cent of the net weight of green leaves recorded on the scale; (l) the Producer shall — (i) at the end of every month, pay to the Co-operative Society any amount due on account of the minimum interim price fixed by NAPRO at the beginning or during the course of the contractual year for green leaves supplied during the month; (ii) pay to the Co-operative Society, not later than 31 August following the end of the contractual year, a first partial payment of the final price as NAPRO may determine; (iii) where the final price is not determined by the 30 November following the end of the contractual year, pay to the Co-operative Society, not later than 20 December following the end of that year, a second partial payment of the final price as NAPRO may determine; and (iv) pay to the Co-operative Society the final price as NAPRO may determine, at latest within one month, after publication of the final price in the Gazette. Payment shall be effected after deduction of partial payments made under subparagraphs (ii) and (iii). (m) the Producer shall be entitled to deduct any amount advanced to the Cooperative Society from any money accruing to the Co-operative Society, including transportation cost, if any; (n) both the Producer and the Co-operative Society shall abide by the NAPRO’s adjudication under paragraphs (e), (g) and (h) of this Contract; (o) both the Producer and the Cooperative Society shall strictly adhere to the terms and conditions laid down by the National Agricultural Products Regulatory Office Act and any regulations made thereunder; (p) this Contract shall take effect on 1 July ............................................and shall remain in force until 30 June ........................... Made in triplicate and in good faith at ..................................................................... On ........................................and registered with NAPRO. ........................................... ............................................................. Signature of Producer Signature of representative of Cooperative Society For the official use of NAPRO Registered at NAPRO under section 15 of the National Agricultural Products Regulatory Office Act ............................. ..................................................... Date Signature of representative