National Agricultural Marketing Board Act, 1985 (Act 13 of 1985)

Laws.Africa Legislation Commons eSwatini National Agricultural Marketing Board Act, 1985 Act 13 of 1985 Legislation as at 1 December 1998 FRBR URI: /akn/sz/act/1985/13/eng@1998-12-01 There may have been updates since this file was created. PDF created on 21 February 2024 at 15:54. Collection last checked for updates: 1 December 1998. Check for updates About this collection The legislation in this collection has been reproduced as it was originally printed in the Government Gazette, with improved formatting and with minor typographical errors corrected. All amendments have been applied directly to the text and annotated. A scan of the original gazette of each piece of legislation (including amendments) is available for reference. This is a free download from the Laws.Africa Legislation Commons, a collection of African legislation that is digitised by Laws.Africa and made available for free. www.laws.africa info@laws.africa There is no copyright on the legislative content of this document. This PDF copy is licensed under a Creative Commons Attribution 4.0 License (CC BY 4.0). Share widely and freely. i https://commons.laws.africa/akn/sz/act/1985/13/eng@1998-12-01?ts=2024-02-21T15:54:25.430506+00:00 https://www.laws.africa mailto:info@laws.africa National Agricultural Marketing Board Act, 1985 Contents 1. Short title and commencement ................................................................................................................................................................. 1 2 Interpretation ..................................................................................................................................................................................................... 1 3. Establishment of Board ................................................................................................................................................................................ 1 4. Membership of the Board ............................................................................................................................................................................ 1 5. Functions of the Board ................................................................................................................................................................................. 2 6. Powers of the Board ...................................................................................................................................................................................... 2 7. Power of the Minister .................................................................................................................................................................................... 2 8. Appeal to the Minister .................................................................................................................................................................................. 2 9. Procedure of the Board ................................................................................................................................................................................. 2 10. Funds and assets of the Board ............................................................................................................................................................... 2 11. Borrowing powers of the Board .............................................................................................................................................................. 3 12. Financial year ................................................................................................................................................................................................. 3 13. Accounts and audit ...................................................................................................................................................................................... 3 14. Offences and penalties ............................................................................................................................................................................... 3 15. Regulations ...................................................................................................................................................................................................... 3 Schedule (Section 9) ........................................................................................................................................................................................... 3 ii National Agricultural Marketing Board Act, 1985 eSwatini eSwatini National Agricultural Marketing Board Act, 1985 Act 13 of 1985 Commenced on 1 February 1986 [This is the version of this document at 1 December 1998.] An Act to establish the National Agricultural Marketing Board. 1. Short title and commencement This Act may be cited as the National Agricultural Marketing Board Act, 1985. 2 Interpretation In this Act, unless the context otherwise requires— “Board” means the National Agricultural Marketing Board established under section 3; “Minister” means the Minister responsible for Agriculture and Co-operatives; “scheduled products” means products designated as such under section 15. 3. Establishment of Board There is hereby established the National Agricultural Marketing Board which shall be a body corporate with perpetual succession and a seal, capable of suing and of being sued in its corporate name, capable of acquiring and alienating movable and immovable property and of perfoming such other acts as a body corporate may lawfully perform. 4. Membership of the Board (1) (a) The Board shall consist of the following members all of whom shall be appointed by the Minister— (i) a Chairman; (ii) a representative of the Ministry responsible for agriculture; (iii) a representative of the Ministry responsible for commerce; (iv) a representative of the Central Co-operative Union; (v) one person representing retailers of fruits and vegetables; (vi) three persons who shall represent farmers; and (vii) two persons with such qualifications and who shall represent such organizations as the Minister may determine. (b) The Minister may designate a public officer to be the Executive Officer and Secretary to the Board. (2) A member of the Board who is not a public officer shall hold office for such period not exceeding three years and on such other terms and conditions as the Minister may determine and shall be eligible for re-appointment. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 1 https://edit.laws.africa/widgets/pdf-attribution https://edit.laws.africa/widgets/pdf-cc-by National Agricultural Marketing Board Act, 1985 eSwatini 5. Functions of the Board In the exercise of its powers under section 5 and subject to any directions of a general nature which may be given to it by the Minister under section 7, the Board may— (a) register wholesale distributors, importers and exporters of scheduled products; (b) facilitate in such manner as it may consider appropriate, the production, processing, storage, transportation, distribution and sale of scheduled products; (c) where required to do so, advise the Government in all matters related to the availability of and demand for scheduled products; (d) perform such other functions as may from time to time be determined by the Minister. 6. Powers of the Board In the exercise of its functions under section 5, the Board may— (a) require any person wishing to engage or who is engaged in importing and exporting scheduled products to register with and obtain a permit from the Board; (b) nominate and empower any person or body to import or export scheduled products; (c) determine the quantity, quality, grade or class of scheduled products that shall be subject to control and designate the place and manner of distribution of scheduled products; (d) require from any person information relating to the source, type, grade, quantity and price of scheduled products; (e) prescribe and collect permit fees and impose such levy as may be appropriate on the value of scheduled products. 7. Power of the Minister The Minister may give directions of a general nature to the Board relating to the performance of its duties and the Board shall comply therewith. 8. Appeal to the Minister A person aggrieved by any decision of the Board not to grant a permit to import or export scheduled products may, within thirty days of his being informed of such decision, appeal to the Minister in writing whose decision thereon shall be final. 9. Procedure of the Board (1) The proceedings of the Board and other matters relating thereto shall be governed by the provisions set out in the Schedule hereto. (2) The Minister may, by Notice in the Gazette amend the Schedule. 10. Funds and assets of the Board The funds and assets of the Board shall consist of— (a) all moneys or property that may from time to time be donated, lent or granted to the Board; (b) all property and investments acquired by or vested in the Board and all money earned arising therefrom; (c) all moneys raised or borrowed by the Board; By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 2 https://edit.laws.africa/widgets/pdf-attribution https://edit.laws.africa/widgets/pdf-cc-by National Agricultural Marketing Board Act, 1985 eSwatini (d) all other moneys or property that may in any manner become payable to or vested in the Board in respect of any matter incidental to its powers and functions. 11. Borrowing powers of the Board The Board may, with the approval of the Minister, borrow such sums as it may require for meeting its obligations or exercising or performing its functions. 12. Financial year The Financial year of the Board shall run from the 1st January, to the 31st December in one year: Provided that the first financial year may be shorter or longer than twelve months if the Board so determines. 13. Accounts and audit (1) The Board shall cause to be kept books of account in proper form as well as all necessary records in connection therewith. (2) The accounts of the Board shall be subject to an annual audit by an auditor appointed by it and approved by the Minister. (3) The Board shall within six months after the end of each financial year— (a) report to the Minister in such form as the Minister may direct on the performance by it of its functions; (b) deliver to the Minister a copy of its accounts audited in accordance with subsection (2). (4) The Minister shall lay before Parliament copies of all audited accounts as soon as practicable after he has received them. 14. Offences and penalties A person who fails to comply with instructions issued under section 6(a) and (d) or who fails to pay a fee or levy imposed under section 6(c), shall be guilty of an offence and liable on conviction to a fine not exceeding five hundred emalangeni or imprisonment for three months. 15. Regulations The Minister may make Regulations prescribing scheduled products and generally giving effect to the provisions of this Act. Schedule (Section 9) Rules of procedure of the Board 1. The Board shall meet at least once every three months. 2. The Chairman of the Board shall convene and preside at all meetings of the Board. 3. In the absence of the Chairman, but subject to the quorum, the Board shall appoint an Acting Chairman from among the members present to preside at a meeting of the Board. 4. The quorum for a meeting of the Board shall be five members. 5. All decisions of the Board shall be made by a majority of the votes of the members present and in the event of an equality of votes, the Chairman or Acting Chairman as the case may be, shall have a casting vote in addition to his deliberative vote. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 3 https://edit.laws.africa/widgets/pdf-attribution https://edit.laws.africa/widgets/pdf-cc-by National Agricultural Marketing Board Act, 1985 eSwatini 6. Subject to the Act and this Schedule, the Board may regulate its own proceedings. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 4 https://edit.laws.africa/widgets/pdf-attribution https://edit.laws.africa/widgets/pdf-cc-by