Crops Laws (Miscellaneous Amendments) Act, 2009 (No. 20 of 2009)

THE CROPS LAWS (MISCELLANEOUS AMENDMENTS) ACT, 2009 ARRANGEMENTOFSECTIONS PART I PRELIMINARYPROVISIONS 1. Short title. 2. Amendment of crops laws. PARTn AMENDMENTOF THETEAACT 3. Construction. 4. Amendment of section 1. 5. Amendment of section 2. 6. Amendment of section 5. 7. Amendment of section 7. 8. Amendment of section 9. 9. Amendment of section! O. 10. Amendment of section 12. 11. Amendment of section 23. 12. Repeal and replacement of Part vn. 13. Substitution of Part VllI. 14. Amendment of section 31. 15. Amendment of the First Schedule. 16. Amendment of the Second Schedule. PARTllI AMENDMENTOFTHECOFFEEINDUSTRYACT 17. Construction. 18. Amendment of section 2. 19. Amendment of section 5. 20. Amendment of section 14. 21. Amendment of section 26. 22. Repeal of section 29. 23. Repeal and replacement of section 30. 24. Repeal of Sections 31 and 32. 25. Amendment of section 33. 26. Addition of section 34A. 27. Addition of section 35A. THE CROPS LAWS (MISCELLANEOUS AMENDMENTS) ACT, 2009 ARRANGEMENT OF SECTIONS PART I PRELIMINARY PROVISIONS 1. Short title. 2. Amendment of crops laws. PART II AMENDMENT OF THE TEA ACT 3. Construction. 4. Amendment of section 1. 5. Amendment of section 2. 6. Amendment of section 5. 7. Amendment of section 7. 8. Amendment of section 9. 9. Amertdmertt of section 10. · 10. Amendment of section 12. 11. Amendment of section 23. 12. Repeal and replacement of Part VII. 13. Substitution of Part VIII. 14. Amendment of section 31. 15. Amendment of the First Schedule. 16. Amendment of the Second Schedule. PART III AMENDMENT OF THE COFFEE INDUSTRY ACT 17. Construction. 18. Amendment of section 2. 19. Amendment of section 5. 20. Amendment of section 14. 21. Amendment of section 26. 22. Repeal of section 29. 23. Repeal and replacement of section 30. 24. Repeal of Sections 31 and 32. 25. Amendment of section 33. 26. Addition of section 34A. 27. Addition of section 35A. Crops Laws (Miscellaneous Amendments) 28. Amendment of section 43. 29. Amendment of the Schedule. PARTN AMENDMENT OF THE SISAL INDUSTRY ACT 30. Construction. 31, Amendment of section 2. 32. Amendment of section 5. 33. Amendment of section 6. 34. Repeal and replacement of section 8. 35. Addition of section 8A. 36. Amendment of section 14. 37. Amendment of section 17. 38. Amendment of section 19. 39. Amendment of section 20. 40. Addition of section 19A. 40A. Addition of section 20A. 41. Amendment of the Schedule. PART V AMENDMENT OF THE COTTON INDUSTRY ACT 42. Construction. 43. Amendment of section 2. 44. Amendment of section s.. 45. Amendment of section 33. 46. Amendment of section 34. 47. Amendment of section 35. 48. Addition of section 14A. 49. Amendment of section 38. 50. Amendment of section 39. 51. Amendment of section 43. 52. Repeal and replacement of section 46. 53. Repeal and replacement of sections 47 and 48. 54. Amendment of section 49. 55. Amendment of the First Schedule. 2 No. 20 Crops Laws (Miscellaneous Amendments) 28. Amendment of section 43. 29. Amendment of the Schedule. PARTN AMENDMENT OF THE SISAL INDUSTRY ACT 30. Construction. 31, Amendment of section 2. 32. Amendmentofsection5. 33. Amendment of section 6. 34. Repeal and replacement of section 8. 35. Addition of section 8A. 36. Amendment of section 14. 3 7. Amendment of section 17. 38. Amendment of section 19. 39. Amendment of section 20. 40. Addition of section 19A. 40A. Addition of section 20A. 41. Amendment of the Schedule. PARTY AMENDMENT OF THE COTTON INDUSTRY ACT 42. Construction. 43. Amendment of section 2. 44. Amendment of section 5. 45. Amendment of section 33. 46. Amendment of section 34. 47. Amendment of section 35. 48. Addition of section 14A. 49. Amendment of section 38. 50. Amendment of section 39. 51. Amendment of section 43. 52. Repeal and replacement of section 46. 53. Repeal and replacement of sections 47 and 48. 54. Amendment of section 49. 55. Amendment of the First Schedule. 2009 Crops Laws (Miscellaneous Amendments) PART VI AMENDMENT OF THE TOBACCO INDUSTRY ACT 56. Construction. 57. Amendment of section 2. 58. Amendment of section 5. 59. Amendment of the heading to Part m. 60. Amendment of section 7. 61. Addition of section 7A. 62. Amendment of section 14. 63. Amendment of section 16. 64. Amendment of section 23. 65.-Repeal and replacement of section 28. 66. Amendment of section 34. 67. Repeal and replacement of section 39. 68. Amendment of section 40. 69. Amendment of section 42. 70. Amendment of section 46. 71. Addition of new section 47. 72. Amendment of the Second Schedule. 73. Amendment of the First Schedule . • PARTVII AMENDMENT OF THE PYRETHRUM ACT 74. Construction. 75. Amendment of short title. 76. Amendment of section 2. 77. Amendment of section 3. 78. Amendment of section 5. 79. Repeal of section 7. 80. Amendment of section 11. 81. Repeal and replacement of section 14. 82. Amendment of section 15. No.20 Crops Laws (Miscellaneous Amendments) 2009, 3 PART VI AMENDMENT OF THE TOBACCO INDUSTRY ACT 56. Construction. 57. Amendment of section 2. 58. Amendment of section 5. 59. Amendment of the heading to Part ill. 60. Amendment of section 7. 61. Addition of section 7 A. 62. Amendment of section 14. 63. Amendment of section 16. 64. Amendment of section 23. 65. -Repeal and replacement of section 28. 66. Amendment of section 34. 67. Repeal and replacement of section 39. 68. Amendment of section 40. 69. Amendment of section 42. 70. Amendment of section 46. 71. Addition of new section 47. 72. Amendment of the Second Schedule. 73. Amendment of the First Schedule . • PARTVII AMENDMENT OF THE PYRETHRUM ACT 74. Construction. 75. Amendment of short title. 76. Amendment of section 2. 77. Amendment of section 3. 78. Amendment of section 5. 79. Repeal of section 7. 80. Amendment of section 11. 81. Repeal and replacement of section 14. 82. Amendment of section 15. Repeal and replacement of section 16. Repealofseetion17.· Amendment of seoU0Il20. Addition of new·~ 2>. PARTVIll AM8NDMENT OF THB SUoAlt INJ>USTRYACT :.~1 87. Construction. 88. Amendment of section 2. 89. Amendment of section 4. 90. Amendment of section 6. 91. Amendment of section 14. 92. Amendment of section 15. 93. Amendment of section 17. 94. Amendment of section 24. 95. Amendment of section 26. 96. Repeal and replacement of section 27. 97. Amendment of section 28. 98. Repeal of section 37. 99. Addition of new sections 36, 37, 38 and 39. 100. Amendment of the First Schedule. 4 No. 20 83. Repeal and replacement of section 16. 84. Repeal of section 17. 85. Amendment of seotion 20. .~ ·· 1 86. Addition of new sectitm 23. PARTVIII AMBNDMENT OF nm SUoAlt INDUSTRY AcT 87. Construction. 88. Amendment of section 2. 89. Amendment of section 4. 90. Amendment of section 6. 91. Amendment of section 14. 92. Amendment of section 15. 93. Amendment of section 17. 94. Amendment of section 24. 95. Amendment of section 26. 96. Repeal and replacement of section 27. 97. Amendment ofsection 28. 98. Repeal of section 37. 99. Addition of new sections 36, 37, 38 and 39. 100. Amendment of the First Schedule. 20()9· Crops Laws (Miscellaneous Amendments) .. ~~~ ~~-~ "President An Act to amend various crops laws with a view to rationalizing roles and functions of Crop Boards, their financing and to provide for other related matters. PART I ~ PRELIMINARY PROVISIONS 1. This Act may be cited as the Crops Laws (Miscellaneous Amendments) Act, 2009. Amendment of crops laws 2. The crops laws specified in various Parts of this Act are amended in the manner specified in their respective Parts. No.20 Crops Laws (Miscellaneous Amendments) 2009 5 TIIE UNITED REPUBLIC OFT ANZANIA An Act to amend various crops laws with a view to rationalizing roles and functions of Crop Boards, their financing and to provide for other related matters. ENACTED by Parliament of the United Republic ofTanz.ania. Short title Amendment of crops laws PARTI ~ PRELIMINARY PROVISIONS 1. This Act may be cited as the Crops Laws (Miscellaneous Amendments) Act, 2009. 2. The crops laws specified in various Parts of this Act are amended in the manner specified in their respective Parts. Crops Laws (Miscellaneous Amendments) PARTll AMENDMENT OF THE TEA ACT Constru- -::\1\ \J'Th~.P ,,;. 11 be read as one with the Tea Act, hereinafter ction - 0 as .". . al Act". Cap. 27~, "" '\ --'/V . " '< \ "'/ Aml\rId: ~-4..~nrtdi,al A' dis' fUIlended in section 1 by deleting the ment of ~~ :.: '/ seciil:>n 1 • \ d~si~arW~'T.e();;,,"'ct" .d substituting for it the designation ~ 'Q'eal IriA?~l\Cy > / "--~\....-/'''-;:J -< A~d- 5. ~q§ 2~f the pri~ipal Act is ame~ded by ~;~/4,.~ /: }ns~ in,:their ~p~ro~ate alphabetical order the section 2 ~/'-:~. rolloWlngnew defmlt1ons. Cap.33? '::-,'~.-:.~ '- ~s9ciaiion" means an association formed and '. .-/ registered under the Societies Act; :: .----.,.~ontract farming" means farming under taken under an agreement between tea growers, farmers or producers on one part and fmanciers including green leaf buyers, factory investors or bankers on the other part; "Director General" means the chief executive officer of the Tea Board of Tanzania appointed under this Act; "inputs" means planting materials, agrochemicals, fertilizers, packaging materials and farm ill1plements; "regulatory function" includes quality control licensing, data collection, analysis and dissemination; market information, enforcement of law and order, enforcing rules and regulations for proper production, processing, marketing, importation, exportation storage of tea inputs and products, setting indicative price, representing Government in international and local fora, control of export and import of tea, and the control of pests and diseases and such other related functions; 6 No.20 Crops Laws (Miscellaneous Amendments) PART II AMENDMENT OF THE TEA ACT 2009 Constru- -'.:\, \ u'Th~. P ,.,. 11 ?e read as one with the Tea Act, hereinafter ctJon - )1,ferre~.· o as ·" . · al Act". Cap. 275,"- · , ~// . ' ,· ' --V.\ ' - "'< \ ' ,,,,,/ Am~if: ~-4 .. T~rlncifMll Aof'is·flffiended in section 1 by deleting the ::O~f1 - \ d~si~'irtio~T.el3;;~7\.ct"~d substituting for it the designation ~ 'ZTe~1t1ft?~-~cy > /. ~-·· /i"-.. ~ ✓ < • Ar€nd- S. , ~~f 2~f the pri~ipal Act is amended by meny ,,.,- inserting in -their appropriate alphabetical order the of -,., - ,,,, / •1:...11 . · ,- d fi , . sectidn i ~~ cc : · . --, rn owing:new e 1mtlons: Cap.337 ::: ,-~-~ '--- ~s9ciation" means an association formed and . ,/ registered under the Societies Act; • --=:- • : , -contract farming" means farming under taken under an agreement between tea growers, farmers or producers on one part and fmanciers including green leaf buyers, factory investors or bankers on the other part; "Director General" means the chief executive officer of the Tea Board of Tanzania appointed under this Act; "inputs" means planting materials, agrochemicals, fertilizers, packaging materials and farm implements; "regulatory function" includes quality control licensing, data collection, analysis and dissemination; market information, enforcement of law and order, enforcing rules and regulations for proper production, processing, marketing, importation, exportation storage of tea inputs and products, setting indicative price, representing Government in international and local fora, control of export and import of tea, and the control of pests and diseases and such other related functions; Crops Laws (Miscellaneous Amendments) Cap.287 Cap.288 "local government authority" means a district authority, or urban authority established under the Local Government (District Authorities) Act and the Local Government (Urban Authorities.) Act; "Ministry" means the Ministry responsible for agriculture; "stakeholder" means a person or an organizations dealing in tea industry including the central government, local government authorities, cooperative societies, the Tea Board, the Agency, Tea Research Institute of Tanzania, the Smallholders Tea Growers Association, Tea Association of Tanzania and private players such as producers, input suppliers, research and extension institutions and all persons with a vested interest in the tea industry; "shared function" means a joint function to be undertaken by all tea stakeholders as may be agreed upon including research, training, extension services, inputs supply, tea crop development, crop promotion, tea infrastructure development, generic promotion of tea consumption and promotion of fair trade and competition; "stakeholders meeting" means a meeting of all tea stakeholders referred to under section 26; and (b) deleting the definitions of the words "Authority", "cess", "Commissioner" and "Trust Fund". Amend ment of section 5 (a) repealing subsection (3) and substituting for it the following new subsections: "(3) The Board shall carry out regulatory functions and such other activities necessary, advantageous or proper for the benefit of the tea industry. No. 20 . Cap.287 Cap.288 Amend­ ment of section 5 Crops Laws (Miscellaneous Amendments) 2009 7 "local government authority" means a district authority, or urban authority established under the Local Government (District Authorities) Act and the Local Government (Urban Authorities.) Act; "Ministry" means the Ministry responsible for agriculture; "stakeholder" means a person or an organizations dealing in tea industry including the central government, local government authorities, cooperative societies, the Tea Board, the Agency, Tea Research Institute of Tanzania, the Smallholders Tea Growers Association, Tea Association ofTanz.ania and private players such as producers, input suppliers, research and extension institutions and all persons with a vested interest in the tea industry; "shared function" means a joint function to be undertaken by all tea stakeholders as may be agreed upon including research, trammg, extension services, inputs supply, tea crop development, crop promotion, tea infrastructure development, generic promotion of tea consumption and promotion of fair trade and competition; ''stakeholders meeting" means a meeting of all tea stakeholders referred to under section 26; and (b) deleting the definitions of the words "Authority", "cess", "Commissioner" and "Trust Fund". 6. Section 5 of the principal Act is amended by (a) repealing subsection (3) and substituting for it the following new subsections: "(3) The Board shall carry out regulatory functions and such other activities necessary, advantageous or proper for the benefit of the tea industry. Amend ment of section 7 Amend mentof section 9 (4) Without prejudice to subsection (3), the specific functions of the Board shall be to (a) advise the Government on the policies and strategies for the development of the tea industry. (b) regulate and control the quality of tea and tea by-products; (c) collect, refine, maintain, use or disseminate information or data relating to the tea industry; (d) monitor the production ~d exportation oftea; (e) regulate processing, exportation and storage of tea and tea by-products; (f) represent the Government in international and local fora in matters relating to the tea industry; (g) regulate import and export of tea; (h) control pests and diseases; and (i) promote and protect interests of farmers against syndicates of buyers which may be formed through associations." (b) renumbering subsections (4), (5) and (6) as subsections (5), (6) and (7) respectively; (c) deleting a reference to subsection (5) which appears in subsection (7) as renumbered and substituting for it a reference to subsection (6). 7. Section 7 of the principal Act is amended by deleting the phrase "and the Ministry may direct that part of the cess imposed on tea used to finance research activities" appearing immediately after the word "Tan:l.ania". 8. Section 9 of the principal Act is amended by deleting the whole section and substitution for it the following: 8 No. 20 Amend­ ment of section 7 Amend­ ment of section 9 Crops Laws (Miscellaneous Amendments) 2009 (4) Without prejudice to subsection (3), the specific functions of the Board shall be to ( a) advise the Government on the policies and strategies for the development of the tea industry. (b) regulate and control the quality of tea and tea by-products; ( c) collect, refine, maintain, use or disseminate information or data relating to the tea industry; (d) monitor the production ~d exportation of tea; ( e) regulate processing, exportation and storage of tea and tea by-products; (f) represent the Government in international and local fora in matters relating to the tea industry; (g) regulate import and export of tea; (h) control pests and diseases; and (i) promote and protect interests of farmers against syndicates of buyers which may be formed through associations." (b) renumbering subsections (4), (5) and (6) as subsections (5), (6) and (7) respectively; (c) deleting a reference to subsection (5) which appears in subsection (7) as renumbered and substituting for it a reference to subsection (6). 7. Section 7 of the principal Act is amended by deleting the phrase "and the Ministry may direct that part of the cess imposed on tea used to finance research activities" appearing immediately after the word ''Tan2'.ania". 8. Section 9 of the principal Act is amended by deleting the whole section and substitution for it the following: Amend ment of section 10 Amend mentof section 12 Amend mentof section 23 Crops Laws (Miscellaneous Amendments) "Appoint mentof Director General and other emplo yees 9.-(1) The Minister shall with the recommendation of the Board appoint the Director General of the Board who shall be the Chief Executive Officer. (2) The Director General appointed under subsection (1) shall hold office for a term of five years and may be eligible for re-appointment subject to satisfactory performance of his functions. (3) The Board of Directors may from time to time appoint, at such salaries and upon such terms and conditions such number of senior officers to the management of the Board. (4) The Director General shall employ number of employees as necessary for proper and efficient performance of the functions of the Board. 9. Section 10 of the principal Act is amended by (a) deleting paragraph (c); and (b) re-naming paragraph (d) as paragraph (c). 10. Sectio!l 12 of the principal Act is amended by deleting the phrase "the Tanzania Audit Corporation or a reputable audit firm" appearing in subsection (2) and substituting for it the designation "Controller and Auditor General". 11. Section 23 of the principal Act is amended by deleting the proviso to that section and substituting for it the following new proviso: "Provided that a person aggrieved by the decision of the Board may, within sixty days from the date of the decision, appeal in writing to the Minister." No.20 Amend­ ment of section 10 Amend­ ment of section 12 Amend­ ment of section 23 Crops Laws (Miscellaneous Amendments) 2009 9 "Appoint­ ment of Director General and other emplo­ yees 9.-(1) The Minister shall with the recommendation of the Board appoint the Director General of the Board who shall be the Chief Executive Officer. (2) The Director General appointed under subsection (1) shall hold office for a term of five years and may be eligible for re-appointment subject to satisfactory performance of his functions. (3) The Board of Directors may from time to time appoint, at such salaries and upon such terms and conditions such number of senior officers to the management of the Board. ( 4) The Director General shall employ number of employees as necessary for proper and efficient performance of the functions of the Board. 9. Section 10 of the principal Act is amended by­ ( a) deleting paragraph (c); and (b) re-naming paragraph (d) as paragraph (c). 10. Section 12 of the principal Act is amended by deleting the phrase "the Tanzania Audit Corporation or a reputable audit firm" appearing in subsection (2) and substituting for it the designation "Controller and Auditor General". 11. Section 23 of the principal Act is amended by deleting the proviso to that section and substituting for it the following new proviso: "Provided that a person aggrieved by the decision of the Board may, within sixty days from the date of the decision, appeal in writing to the Minister." Repeal and replace mentof Part VII Crops Laws (Miscellaneous Amendments) 12. The principal Act is amended by repealing Part VII and substituting for it the following new Part: "PART VII GENERAL PROVISIONS Contract 25.-(1) A registered fanner may, for the purpose farming of facilitating fanning activities, enter into contract farming with financier, tea buyers, tea processor, investors or bankers. (2) The contract fanning entered into under subsection (1) shall be in the prescribed standard form and shall contain (a) name, address and status of the registered farmer; (b) name, address and status of the financier; (c) obligations of the parties; (d) type or kind of facilitation to be granted to the farmer; (e) terms and conditions imposed on the contract farming; and (f) such other information as may be necessary for the purpose of the contract fanning. (3) Every contract. fanning entered into under this section shall be submitted to the Board for scrutiny and registration. (4) The Board shall monitor the implementation of the contract farming in order to protect rights of both parties. (5) Any person being a financier, tea buyer, tea processor, investor or banker shall not facilitate a registered fanner in any manner without a contract fanning as required under this section. (6) A person who contravenes the provisions of this section commits an offence and shall be liable on 10 No. 20 Crops Laws (Miscellaneous Amendments) 2009 Repeal and replace­ ment of Part VII 12. The principal Act is amended by repealing Part VIl and substituting for it the following new Part: "PART VII GENERAL PROVISIONS Contract 25.-(1) A registered fanner may, for the purpose farming of facilitating fanning activities, enter into contract farming with financier, tea buyers, tea processor, investors or bankers. (2) The contract farming entered into under subsection (1) shall be in the prescribed standard form and shall contain (a) name, address and status of the registered farmer; (b) name, address and status of the financier; ( c) obligations of the parties; ( d) type or kind of facilitation to be granted to the fanner; ( e) terms and conditions imposed on the contract farming; and (f) such other information as may be necessary for the purpose of the contract farming. (3) Every contract fanning entered into under this section shall be submitted to the Board for scrutiny and registration. (4) The Board shall monitor the implementation of the contract farming in order to protect rights of both parties. (5) Any person being a financier, tea buyer, tea processor, investor or banker shall not facilitate a registered farmer in any manner without a contract fanning as required under this section. (6) A person who contravenes the provisions of this section commits an offence and shall be liable on Substitu tion of Part VJII Amend ment of section 31 Crops Laws (Miscellaneous Amendments) Stake holders' meeting Power to make by laws conviction to a fine of not less than five million shillings or to imprisonment for a term of not less than six months but not more than two years or to both. 26.-(1) For the purposes of promoting the development of the tea industry, there shall be a stakeholder's forum which shall be responsible for (a) putting in place mechanisms for the management and funding of the shared functions; (b) making procedures for conducting annual general meetings; (c) determine modalities for financing its activities and meetings; and (d) establishing stakeholders' secretariat and other organs for better carrying out the shared functions. (2) The stakeholders meeting shall be held at least once in a year to agree on the funding, implementation of the shared functions and other matters of common interest. 27. The Local government authorities may, upon consultation with the Minister, make by-laws for the better carrying out of the shared functions agreed by the te~ stakeholders." 13. The principal Act is amended by deleting references to the heading of Part VIII. 14. Section 31 of the principal Act is amended by (a) deleting the opening words of that section and substituting for them the following words "The Minister may, for better carrying out of the provisions and purposes of this Act and upon consultation with the Board, make regulations-" No.20 Substitu­ tion of Part VIII Amend­ ment of section 31 Crops Laws (Miscellaneous Amendments) 2009 11 Stake­ holders' meeting Power to make by­ laws conviction to a fine of not less than five million shillings or to imprisonment for a term of not less than six months but not more than two years or to both. 26.-(1) For the purposes of promoting the development of the tea industry, there shall be a stakeholder's forum which shall be responsible for (a) putting in place mechanisms for the management and funding of the shared functions; (b) making procedures for conducting annual general meetings; ( c) determine modalities for financing its activities and meetings; and ( d) establishing stakeholders' secretariat and other organs for better carrying out the shared functions. (2) The stakeholders meeting shall be held at least once in a year to agree on the funding, implementation of the shared functions and other matters of common interest. 27. The Local government authorities may, upon consultation with the Minister, make by-laws for the better carrying out of the shared functions agreed by the tell stakeholders." 13. The principal Act is amended by deleting references to the heading of Part VIII. 14. Section 31 of the principal Act is amended by (a) deleting the opening words of that section and substituting for them the following words "The Minister may, for better carrying out of the provisions and purposes of this Act and upon consultation with the Board, make regulations-" Amend ment of the First Schedule Amend mentof the Second Schedule Crops Laws (Miscellaneous Amendments) (b) deleting paragraph (a); (c) re-naming paragraphs (b), (c), (d) and (f) as paragraphs (a), (b), (c) and (d) respectively. 15. The First Schedule to the principal Act is amended in paragraph 2 by deleting sub paragraph (1) and substituting for it the following: "(1) The Board shall consist of the Chairman who shall be appointed by the President upon the advice of the Minister and seven other members appointed by the Minister, being (a) one person representing the Tea Association of Tanzania; (b) one person representing the Tanzania Smallholders' Tea Growers Association; (c) one member from the Ministry responsible for agriculture; (d) the Chief Executive Officer of the Tea Research Institute of Tanzania; (e) the Chief Executive Officer of the Agency; and (f) two persons who possess knowledge and experience in the development of the tea industry." 16. The Second Schedule to the principal Act is amended (a) in paragraph 1 by deleting the whole of sub paragraph (1) and substituting for it the following: "(1) The functions of the Agency shall be to: (a) enhance capacity building for smallholder tea growers ; (b) facilitate tea extension services to smallholder tea growers; (c) strengthen the existing ground level tea grower groups; (d) facilitate development of tea cultivation in new areas; and 12 No. 20 Crops Laws (Miscellaneous Amendments) 2009 Amend­ ment of the First Schedule Amend­ ment of the Second Schedule (b) deleting paragraph (a); (c) re-naming paragraphs (b), (c), (d) and (f) as paragraphs (a), (b), (c) and (d) respectively. 15. The First Schedule to the principal Act is amended iri paragraph 2 by deleting sub paragraph (1) and substituting for it the following: "(l) The Board shall consist of the Chairman who shall be appointed by the President upon the advice of the Minister and seven other members appointed by the Minister, being (a) one person representing the Tea Association of Tanzania; (b) one person representing the Tanzania Smallholders' Tea Growers Association; ( c) one member from the Ministry responsible for agriculture; (d) the Chief Executive Officer of the Tea Research Institute of Tanzania; ( e) the Chief Executive Officer of the Agency; and (f) two persons who possess knowledge and experience in the development of the tea industry." 16. The Second Schedule to the principal Act is amended (a) in paragraph 1 by deleting the whole of sub paragraph ( 1) and substituting for it the following: "(1) The functions of the Agency shall be to: (a) enhance capacity building for smallholder tea growers ; (b) facilitate tea extension services to smallholder tea growers; ( c) strengthen the existing ground level tea grower groups; ( d) facilitate development of tea cultivation in new areas; and Crops Laws (Miscellaneous Amendments) (e) mobilize smallholder growers in the construction of green leaf processing facilities." in paragraph 2 by deleting the whole of sub paragraph (l) and substituting for it the following new paragraph: "(1) The Board of Directors of the Agency shall be appointed by the Minister as follows: (a) two members representing Smallholder Tea growers; (b) one member from the Ministry responsible for Agriculture; (c) two member with knowledge and experience in the tea industry who shall be appointed by the Minister responsible for agriculture; (d) one member from tea research institute; and (e) the Chief Executive Officer of the Board." (2) The Chairman shall be appointed by the Minister. (3) The Chief Executive Officer of the Agency shall be the secretary to the Board. renaming paragraphs' (2), (3), (4) and (5) as paragraphs (4), (5), (6) and (7). by deleting paragraph 5 and substituting for it the following "Appoint ment of Director General of the Agency and other employees 5.-(1) The Minister shall, upon the recommendation of the Board of the Agency, appoint the Director General who shall be the Chief Executive Officer of the Agency. No.20 Crops Laws (Miscellaneous Amendments) 2009 13 ( e) mobilize smallholder growers in the construction of green leaf processing facilities." (b) in paragraph 2 by deleting the whole of sub paragraph (1) and substituting for it the following new paragraph: "(1) The Board of Directors of the Agency shall be appointed by the Minister as follows: (c) (d) (a) two members representing Smallholder Tea growers; (b) one member from the. Ministry responsible for Agriculture; (c) two member with knowledge and experience in the tea industry who shall be appointed by the Minister responsible for agriculture; ( d) one member from tea research institute; and (e) the Chief Executive Officer of the Board." (2) The Chairman shall be appointed by the Minister. (3) The Chief Executive Officer of the Agency shall be the secretary to the Board. renaming paragraphs' (2), (3), (4) and (5) as paragraphs (4), (5), (6) and (7). .by deleting paragraph 5 and substituting for it the following "Appoint­ mentof Director General of the Agency and other employees S.-( 1) The Minister shall, upon the recommendation of the Board of . the Agency, appoint the Director General who shall be the Chief Executive Officer of the Agency. Constru ction Cap 347 Amend mentof section 2 Crops Laws (Miscellaneous Amendments) (2) The Director General of the Agency shall hold office for a term of five years and may be eligible for renewal subject to the satisfaction of the Board of the Agency on his performance. (3) The Board of Directors of the Agency may from time to time appoint, at such salaries and upon such terms and conditions such number of officers to the management of tM Agency (4) The Director General of the Agency shall employ such number of employees as necessary for proper and efficient performance of the functions of the Agency." (e) in paragraph 6 in the marginal note, by deleting the word "Agent" and substituting for it the word "Agency" . PART ill AMENDMENT OF THE COFFEE INDUSTRY ACT 17. This Part shall be read as one with the Coffee Industry Act .hereinafter referred to as the "principal Act". (a) inserting in the appropriate alphabetical order the following new definitions: ""contract farming" means farming under an agreement between coffee growers, farmers or producers on the one part and coffee industry financiers including coffee buyers, factory owners, investors and bankers on the other part; 14 No. 20 Crops Laws (Miscellaneous Amendments) 2009 Constru­ ction Cap 347 Amend­ ment of section 2 (2) The Director General of the Agency shall hold office for a term of five years and may be eligible for renewal subject to the satisfaction of the Board of the Agency on his performance. (3) The Board of Directors of the Agency may from time to time appoint, at such salaries and upon such terms and conditions such number of officers to the management of tM Agency (4) The Director General of the Agency shall employ such number of employees as necessary for proper and efficient performance of the functions of the Agency." ( e) in paragraph 6 in the marginal note, by deleting the word "Agent" and substituting for it the word "Agency" . PART III AMENDMENT OF THE COFFEE INDUSTRY ACT 17. This Part shall be read as one with the Coffee Industry Act · hereinafter referred to as the "principal Act". 18. Section 2 of the principal Act is amended by (a) inserting in the appropriate alphabetical order the following new definitions: ""contract farming" means farming under an agreement between coffee growers, farmers or producers on the one part and coffee industry financiers including coffee buyers, factory owners, investors and bankers on the other part; Cap.287 Cap.288 "Director General" means the Chief Executive Officer of the Coffee Board; "input" means planting materials, agrochemicals, fertilizers, farm implements and packaging materials; "local government authority" means district authority, urban authority" established under the Local Government (District Authorities) Act and the Local Government (Urban Authorities) Act; "regulatory functions" includes quality control and licensing; data collection, analysis and dissemination; market information, enforcement of law and order, making and enforcing rules and regulations for proper production, processing, marketing, importation, exportation and storage of coffee inputs and products, setting indicative prices and such other functions financed exclusively by the Government; "shared functions" means joint function to be undertaken by all coffee stakeholders as agreed from time to time including research, extension, inputs supply, coffee development and promotion of association or other bodies related to or dealing in coffee industry, promotion of fair trade and competition, provision of technical advisory services to coffee growers, processors, makers of liquor, traders and exporters; "stakeholders" means dealers in the coffee industry including the Central Government, local Government authorities, cooperative societies, the coffee Board and private No.20 Cap.287 Cap.288 Crops Laws (Miscellaneous Amendments) 2009 15 "Director General" means the Chief Executive Officer of the Coffee Board; "input" means planting materials, agrochemicals, fertilizers, farm implements and packaging materials; "local government authority" means district authority, urban authority" established under the Local Government (District Authorities) Act and the Local Government (Urban Authorities) Act; "regulatory functions" includes quality control and licensing; data collection, analysis and dissemination; market information, enforcement of law and order, making and enforcing rules and regulations for proper production, processing, marketing, importation, exportation and storage of coffee inputs and products, setting indicative prices and such other functions financed exclusively by the Government; "shared functions" means joint function to be undertaken by all coffee stakeholders as agreed from time to time including research, extension, inputs supply, coffee development and promotion of association or other bodies related to or dealing in coffee industry, promotion of fair trade and competition, prov1S1on of technical advisory services to coffee growers, processors, makers of liquor, traders and exporters; "stakeholders" means dealers in the coffee industry including the Central Government, local Government authorities, cooperative societies, the coffee Board and private Amend mentof section 5 Crops Laws (Miscellaneous Amendments) players such as producers, producer associations, traders, processors, marketing agents, exporters, input suppliers, research and extension institutions and any other person with vested interest in the coffee industry; and "stakeholders meeting" means the meeting of all coffee stakeholders referred to under section 30." (b) deleting the definition of the word "fund committee". (a) repealing subsection (1) and substituting for it the following new subsection: "(1) The Board shall carry out regulatory functions and such other activities as are necessary, advantageous or proper for the benefit of the coffee industry. (2) The functions of the Board shall be to (a) advise the Government on the policies and strategies for the development of coffee industry; (b) regulate and control the quality of coffee and coffee by-products; (c) to collect, refine, maintain, use or disseminate information or data relating to the coffee industry; (d) monitor the production and exportation of coffee; (e) make regulations for processing, exportation and storage of coffee and coffee by products; 16 No. 20 Amend­ ment of section 5 Crops Laws (Miscellaneous Amendments) 2009 players such as producers, producer associations, traders, processors, marketing agents, exporters, input suppliers, research and extension institutions and any other person with vested interest in the coffee industry; and "stakeholders meeting" means the meeting of all coffee stakeholders referred to under section 30." (b) deleting the definition of the word "fund committee". 19. Section 5 of the principal Act is amended by ( a) repealing subsection (1) and substituting for it the following new subsection: "(l) The Board shall carry out regulatory functions and such other activities as are necessary, advantageous or proper for the benefit of the coffee industry. (2) The functions of the Board shall be to ( a) advise the Government on the policies and strategies for the development of coffee industry; (b) regulate and control the quality of coffee and coffee by-products; ( c} to collect, refine, maintain, use or disseminate information or data relating to the coffee industry; ( d) monitor the production and exportation of coffee; ( e} make regulations for processing, exportation and storage of coffee and coffee by products; Amend mentof section 14 Amend~ ment of section 26 Repeal of section 29 Repeal and replace mentof section 30 (f) facilitate or assist in the formation of associations or other bodies related to or dealing with coffee industry; (g) promote and protect the interests of farmers against syndicates of buyers which may be formed through associations; and (h) represent the industry in the local and international fora in the matters relating to coffee industry." (b) re-numbering subsections (2), (3), (4) and (5) as subsections (3), (4), (5) and (6) respectively. 20. Section 14 of the principal Act is amended by deleting paragraph (c). 21. Section 26 of the principal Act is amended by (a) deleting paragraph (c); (b) re-naming paragraphs (d) and (e) as paragraphs (c) and (d) respectively. 23. The principal Act is amended by repealing section 30 and substituting for it the following No.20 Amend­ ment of section 14 Amend~ ment of section 26 Repeal of section 29 Repeal and replace­ ment of section 30 Crops Laws (Miscellaneous Amendments) 2009 17 (f) facilitate or assist in the formation of associations or other bodies related to or dealing with coffee industry; (g) promote and protect the interests of farmers against syndicates of buyers which may be formed through associations; and (h) represent the industry in the local and international fora in the matters relating to coffee industry." (b) re-numbering subsections (2), (3), (4) and (5) as subsections (3), (4), (5) and (6) respectively. 20. Section 14 of the principal Act is amended by deleting paragraph ( c ). 21. Section 26 of the principal Act is amended by (a) deleting paragraph (c); (b) re-naming paragraphs (d) and (e) as paragraphs (c) and ( d) respectively. 22. The principal Act is amended by repealing section 29. 23. The principal Act is amended by repealing section 30 and substituting for it the following Repeal of sections 31 and 32 Amend mentof section 33 Crops Laws (Miscellaneous Amendments) "Stake holders meetings 30.-(1) For the purpose of promoting the development of the coffee industry, there shall be a stakeholder's forum which shall be responsible for (a) putting in place mechanisms for the management and funding of the shared functions; (b) making procedures for conducting annual general meetings; (c) determine modalities for financing its activities and meetings; (d) establishing stakeholders' secretariat and other organs for Dettercarrying out the shared functions. (2) The stakeholders' meeting shall be held at least once in every year for the purpose of agreeing on the funding and implementation of the shared functions and other matters of common interest." 24. The principal Act is amended by repealing the whole of sections 31 and 32. (a) deleting the phrase "and the fund" appearing in the first line of subsection (2); (b) repealing subsection (3) and substituting for it the following: "(3) The books of accounts of the Board shall be audited by the Controller and Auditor General." (c) renumbering subsection (4) as subsection (3). 1 8 N o . 2 o C r o~1J s L a ws (¥ iscellaneous Amendments) 2009 Repeal of sections 31 and 32 Amend­ ment of section 33 "Stake­ holders meetings 30.-(1) For the purpose of promoting the development of the coffee industry, there shall be a stakeholder' s forum which shall be responsible for­ ( a) putting in place mechanisms for the management and funding of the shared functions; (b) making procedures for conducting annual general meetings; ( c) determine modalities for financing its activities and meetings; (d) establishing stakeholders' secretariat and other organs for better carrying out the shared functions. (2) The stakeholders' meeting shall be held at least once in every year for the purpose of agreeing on the funding and implementation of the shared functions and other matters of common interest." 24. The principal Act is amended by repealing the whole of sections 31 and 32. 25. The principal Act is amended in section 33 by (a) deleting the phrase "and the fund" appearing in the first line of subsection (2); (b) repealing subsection (3) and substituting for it the following: "(3) The books of accounts of the Board shall be audited by the Controller and Auditor General." (c) renumbering subsection (4) as subsection (3). Addition of section 34A 26. The principal Act is amended by adding immediately after section 34 the following new sections "Contract 34A.-(l) A registered farmer may, for the farming purposes of carrying on and facilitating farming activities enter into a contract farming with financiers, coffee buyers, processor, investors or banker. (2) The contract farming entered into under subsection (1) shall be in the prescribed standard form and shall contain (a) name, address and status of the registered farmer; (b) name, address and status of the financier; (c) obligations of the parties; (d) type or kind of facilitation to be granted to the farmer; (e) terms and conditions imposed on the contract farming; and (t) such other information as may be necessary for the purpose of the contract farming. (3) Every contract farming entered into under this section shall be submitted to the Board for scrutiny and registration. (4) The Board shall monitor the implementation of every contract farming in order to protect rights of both parties. (5) Any person being a financier, coffee buyer, processor, investor or banker shall not facilitate a registered farmer in any manner without a contract farming as required under this section. No.20 Addition of section 34A Crops Laws (Miscellaneous Amendments) 2009 19 26. The principal Act is amended by adding immediately after section 34 the following new sections "Contract 34A.-(1) A registered farmer may, for the farming purposes of carrying on and facilitating farming activities enter into a contract fanning with financiers, coffee buyers, processor, investors or banker. (2) The contract farming entered into under subsection (1) shall be in the prescribed standard form and shall contain ( a) name, address and status of the registered farmer; (b) name, address and status of the financier; (c) obligations of the parties; ( d) type or kind of facilitation to be granted to the farmer; ( e) terms and conditions imposed on the contract farming; and (f) such other information as may be necessary for the purpose of the contract farming. (3) Every contract farming entered into under this section shall be submitted to the Board for scrutiny and registration. (4) The Board shall monitor the implementation of every contract farming in order to protect rights of both parties. (5) Any person being a financier, coffee buyer, processor, investor or banker shall not facilitate a registered farmer in any manner without a contract farming as required mder this section. Addition of a new section 35A Amend ment of section 43 Amend ment of the Schedule Constru ction Cap. 30 Amend ment of section 2 Crops Laws (Miscellaneous Amendments) (6) A person who contravenes the provisions of this section commits an offence and shall be liable on conviction to a fine of not less than five million shillings or to imprisonment for a term of not less than six months but not more than two years or to both." 27. The principal Act is amended by adding immediately after section 35 the following new section "Power 35A. The local government authority may in~:~a~:consultation wit~ the Minister, make by-law~ for the better carrymg out of the shared functIOns agreed by the stakeholders." (a) repealing subsection (2); (b) designating subsection (1) as section 43. 29. Paragraph 1 ofthe Schedule is amended by (a) deleting the word "seven" and substituting for it the word "nine"; and (b) adding immediately after item (e) the following new item: "(t) two persons who possess knowledge and experience in the coffee industry." PART IV AMENDMENT OF THE SISAL INDUSTRY ACT 30. This part shall be read as one with the Sisal Industry Act hereinafter referred to as the "principal Act". 31. Section 2 of the principal Act is amended by deleting the definition of the word "Authority"; 20 No. 20 Addition of anew section 35A Amend­ ment of section 43 Amend­ ment of the Schedule Constru­ ction Cap.30 Amend­ ment of section 2 Crops Laws (Miscellaneous Amendments) 2009 (6) A person who contravenes the provisions of this section commits an offence and shall be liable on conviction to a fine of not less than five million shillings or to imprisonment for a term of not less than six months but not more than two years or to both." 27. The principal Act is amended by adding immediately after section 35 the following new section "Power 35A. The local government authority may in to make consultation with the Minister, make bv-laws for by-laws " the better carrying out of the shared functions agreed by the stakeholders." 28. Section 43 of the principal Act is amended by (a) repealing subsection (2); (b) designating subsection (1) as section 43. 29. Paragraph l of the Schedule is amended by (a) deleting the word "seven" and substituting for it the word "nine"; and (b) adding immediately after item (e) the following new item: "(f) two persons who possess knowledge and experience in the coffee industry." PART IV AMENDMENT OF THE SISAL INDUSTRY ACT 30. This part shall be read as one with the Sisal Industry Act hereinafter referred to as the "principal Act". 31. Section 2 of the principal Act is amended by­ deleting the definition of the word "Authority"; Crops Laws (Miscellaneous Amendments) Cap.287 Cap.288 inserting in the appropriate alphabetical order the following new definitions: ""contract farming" means farming under the agreement between sisal growers, farmers or producers on the one part and sisal industry financiers including sisal buyers, factory, owners and investors and bankers on the other part; "Director General" means the Chief Executive Officer of the sisal Board appointed under this Act; "input" means planting materials, agrochemicals, fertilizers, fuel,· packaging materials and farm implements; "local government authority" means the district authority, or urban authority established under the Local Government (District Authorities) Act and the Local Government (Urban Authorities) Act; "Ministry" means the Ministry responsible for agriculture; "quality assurance officer" means an officer appointed by the sisal Board under the provisions of this Act to oversee the quality of sisal; "regulatory functions" includes quality control and licensing; data collection, analysis and dissemination; market information, enforcement of law and order, making and enforcing rules and regulations for proper production, processing, marketing, importation, exportation and storage of sisal inputs and products, and such other functions financed exclusively by the government; "small holder farmer" means any person who owns at least six hectares of sisal and not more than four hundred hectares; No.20 Cap.287 Cap.288 Crops Laws (Miscellaneous Amendments) 2009 21 (a) inserting in the appropriate alphabetical order the following new definitions: ""contract fanning" means fanning under the agreement between sisal growers, farmers or producers on the one part and sisal industry financiers including sisal buyers, factory, owners and investors and bankers on the other part; "Director General" means the Chief Executive Officer of the sisal Board appointed under this Act; "input" means planting materials, agrochemicals, fertilizers, fuel, packaging materials and farm implements; "local government authority" means the district authority, or urban authority established under the Local Government (District Authorities) Act and the Local Government (Urban Authorities) Act; "Ministry" means the Ministry responsible for agriculture; "quality assurance officer" means an officer appointed by the sisal Board under the provisions of this Act to oversee the quality of sisal; "regulatory functions" includes quality control and licensing; data collection, analysis and dissemination; market information, enforcement of law and order, making and enforcing rules and regulations for proper production, processing, marketing, importation, exportation and storage of sisal inputs and products, and such other functions financed exclusively by the government; "small holder farmer'' means any person who owns at least six hectares of sisal and not more than four hundred hectares; Amend ment of section 5 "stakeholder" means a dealer in the sisal industry including the central Government, local Government authorities, cooperative societies, the sisal Board and private players such as producers, producer associations, traders, processors, marketing agents, exporters, input suppliers, research and extension institutions, financial institutions and any other persons with vested interest in the sisal industry; "stakeholders meeting" means the meeting of sisal stakeholders referred to under section 8A." (c) deleting the word "sisalama" appearing in the definition of the word "sisal" and substituting for it the word "sisalana." 32. Section 5 of the principal Act is amended by (a) repealing subsection (1) and substituting for it the following new subsection: "(1) The Board shall carry out regulatory functions and other activities as are necessary, advantageous or proper for the benefit of the sisal industry. (2) Without prejudice to sub section (1), the functions of the Board shall be to (a) advise the Government on the policies and strategies for the development of the sisal industry; (b) regulate and control the quality of sisal and sisal by- products; (c) collect, refine, maintain, use or disseminate information or data relating to the sisal industry; 22 No. 20 Amend­ ment of section 5 Crops Laws (Miscellaneous Amendments) 2009 "stakeholder" means a dealer in the sisal industry including the central Government, local Government authorities, cooperative societies, the sisal Board and private players such as producers, producer associations, traders, processors, marketing agents, exporters, input suppliers, research and extension institutions, financial institutions and any other persons with vested interest in the sisal industry; "stakeholders meeting" means the meeting of sisal stakeholders referred to under section 8A." (c) deleting the word "sisalama" appearing in the definition of the word "sisal" and substituting for it the word "sisalana." 32. Section 5 of the principal Act is amended by (a) repealing subsection (I) and substituting for it the following new subsection: "(1) The Board shall carry out regulatory functions and other activities as are necessary, advantageous or proper for the benefit of the sisal industry. (2) Without prejudice to sub section ( 1 ), the functions of the Board shall be to ( a) advise the Government on the policies and strategies for the development of the sisal industry; (b) regulate and control the quality of sisal and sisal by- products; ( c) collect, refine, maintain, use or disseminate information or data relating to the sisal industry; Amend ment of section 6 Repeal and replace mentof section 8 (d) make regulations for processing, exportation and storage of sisal and sisal by products; (e) facilitate or assist in the formation of associations or other bodies related to or dealing with the sisal industry; (0 protect and promote the interests of farmers against syndicates of buyers which may be formed through associations; (g) provide for registration and licensing of persons engaged in growing, processing and marketing of sisal; and (h) represent the Government in local and international fora in matters relating to sisal." (b) re-numbering subsections (2) and (3) as subsections (3) and (4) respectively. 33. Section 6 of the principal Act is amended by (a) repealing subsection (1); (b) re-numbering subsections (2) and (3) as subsections (1) and (2) respectively. 34. The principal Act is amended by repealing section 8 and substituting for it the following: "Issuance of licenses 8. (1) The Board shall grant licenses under this Act which shall be valid for a specific period and be subjected to such terms and conditions as may be prescribed by the Board. (2) The Board may cancel or suspend a license if the licensee fails to comply with the terms and conditions of the license. No. 20 Amend­ ment of section 6 Repeal and replace­ ment of section 8 Crops Laws (Miscellaneous Amendments) 2009 23 ( d) make regulations for processing, exportation and storage of sisal and sisal by products; ( e) facilitate or assist in the formation of associations or other bodies related to or dealing with the sisal industry; (f) protect and promote the interests of farmers against syndicates of buyers which may be formed through associations; (g) provide for registration and licensing of persons engaged in growing, processing and marketing of sisal; and (h) represent the Government in local and international fora in matters relating to sisal." (b) re-numbering subsections (2) and (3) as subsections (3) and (4) respectively. 33. Section 6 of the principal Act is amended by­ (a) repealing subsection (1); (b) re-numbering subsections (2) and (3) as subsections (1) and (2) respectively. 34. The principal Act is amended by repealing section 8 and substituting for it the following: "Issuance of licenses 8. (1) The Board shall grant licenses under this Act which shall be valid for a specific period and be subjected to such terms and conditions as may be prescribed by the Board. (2) The Board may cancel or suspend a license if the licensee fails to comply with the terms and conditions of the license. Addition of Section 8A Amend mentof section 14 Crops Laws (Miscellaneous Amendments) (3) Any person aggrieved by the decision of the Board for canceling or suspending his license may, within sixty days from the date of cancellation or suspension, appeal in writing to the Minister." 35. The principal Act is amended by adding immediately after section 8 the following new section: "Stake holders meeting 8A.-(I) For the purposes of promoting the development of the sisal industry, there shall be a stakeholder's forum which shall, be responsible for (a) putting in place mechanisms for the management and funding of the shared functions; (b) making procedures for conducting annual general meetings; (c) determining modalities for financing its activities and meetings; and (d) establishing stakeholders' secretariat and other organs for better carrying out the shared functions; and (2) The stakeholders shall hold a meeting at least once in every year for purpose of agreeing on the funding and implementation of the shared functions and other matters of common interest." 36. Section 14 of the principal Act is amended by deleting paragraph (d). 24 No. 20 Crops Laws (Miscellaneous Amendments) 2009 Addition of Section 8A Amend­ ment of section 14 (3) Any person aggrieved by the decision of the Board for canceling or suspending his license may, within sixty days from the date of cancellation or suspension, appeal in writing to the Minister." 35. The principal Act is amended by adding immediately after section 8 the following new section: "Stake­ holders meeting SA.-(1) For the purposes of promoting the development of the sisal industry, there shall be a stakeholder's forum which shall . be responsible for (a) (b) (c) (d) putting in place mechanisms for the management and funding of the shared functions; making procedures conducting annual meetings; for general determining modalities for financing its activities and meetings; and establishing stakeholders' secretariat and other organs for better carrying out the shared functions; and (2) The stakeholders shall hold a meeting at least once in every year for purpose of agreeing on the funding and implementation of the shared functions and other matters of common interest." 36. Section 14 of the principal Act is amended by deleting paragraph (d). Amend ment of section 17 Amend mentof section 19 Amend ment of section 20 Addition of section 19A Crops Laws (Miscellaneous Amendments) 37. Section 17 of the principal Act is amended by deleting the phrase "the Tanzania Audit Corporation or any other reputable audit firm approved by the Minister" appearing under subsection (2) and substituting for it the phrase "Controller and Auditor General". deleting the marginal note and substituting for it the following "Powers of the quality assurance officer'; deleting the words "sisal inspector" wherever the words appear in this section and substituting for it the words "quality assurance officer" Deleting the marginal note and substituting for it the following "Powers of the quality assurance officer"; Deleting the words "sisal inspector" wherever the words appear in this section and substituting for it the words "quality assurance officer" (a) deleting the opening phrase and substituting for it the following: "The Minister may upon consultation with the Board make regulations for the following purposes-" (b) repealing paragraph (g); (c) renaming paragraphs (h) and (i) as paragraphs (g) and (h) respectively. 40. The principal Act is amended by adding immediately after section 19 the following new section: "Contract 19A.-(l) A registered farmer may, for the farming purposes of carrying on and facilitating farming activities, enter into a contract farming with financier, sisal buyers, sisal processor, investors or banker. No. 20 Amend­ ment of section 17 Amend­ ment of section 19 Amend­ ment of section 20 Addition of section 19A Crops Laws (Miscellaneous Amendments) 2009 25 37. Section 17 of the principal Act is amended by deleting the phrase "the Tanzania Audit Corporation or any other reputable audit firm approved by the Minister" appearing under subsection (2) and substituting for it the phrase "Controller and Auditor General". 38. Section 19 of the principal Act is amended by deleting the marginal note and substituting for it the following "Powers of the quality assurance officer'; deleting the words ''sisal inspector" wherever the words appear in this section and substituting for it the words "quality assurance officer" 39. Section 20 of the principal Act is amended by Deleting the marginal note and substituting for it the following "Powers of the quality assurance officer"; Deleting the words "sisal inspector" wherever the words appear in this section and substituting for it the words "quality assurance officer" (a) deleting the opening phrase and substituting for it the following: "The Minister may upon consultation with the Board make regulations for the following purposes-" (b) repealing paragraph (g); (c) renaming paragraphs (h) and (i) as paragraphs (g) and (h) respectively. 40. The principal Act is amended by adding immediately after section 19 the following new section: "Contract 19A.-(1) A registered farmer may, for the farming purposes of carrying on and facilitating farming activities, enter into a contract farming with financier,. sisal buyers, sisal processor , investors or banker. Addition of section 20A Crops Laws (Miscellaneous Amendments) (2) The contract farming entered into under subsection (1) shall be in the prescribed standard form and shall contain (a) name, address and status of the registered farmer; (b) name, address and status of the financier; (c) obligations of the parties; (d) type or kind of facilitation to be granted to the farmer; (e) terms and conditions imposed on the farmer; and (1) such other information as may be necessary for the pUrpose of the contract of farming. (3) Every contract farming entered into under this section shall be submitted to the Board for scrutiny and registration. (4) The Board shall monitor the implementation of the contract farming in order to protect rights of both parties. (5) Any person being a financier, sisal buyers, sisal processor, investors or banker shall not facilitate a registered farmer in any manner without a contract farming as required under this section. (6) A person who contravenes this section commits an offence and shall be liable on conviction to a fine of not less than five million shilling or to imprisonment for a term of not less than six months but not more than two years or to both." 40A. The principal Act is amended by adding immediately after section 20 the following new section: 26 No. 20 Addition of section 20A Crops Laws (Miscellaneous Amendments) 2009 (2) The contract farming entered into under subsection (1) shall be in the prescribed standard form and shall contain ( a) name, address and status of the registered farmer; (b) name, address and status of the fmancier; (c) obligations of the parties; ( d) type or kind of facilitation to be granted to the farmer; (e) terms and conditions imposed on the farmer; and (f) such other information as may be necessary for the purpose of the contract of farming. (3) Every contract fanning entered into under this section shall be submitted to the Board for scrutiny and registration. (4) The Board shall monitor the implementation of the contract farming in order to protect rights of both parties. (5) Any person being a financier, sisal buyers, sisal processor, investors or banker shall not facilitate a registered farmer in any manner without a contract fanning as required under this section. (6) A person who contravenes this section commits an offence and shall be liable on conviction to a fine of not less than five million shilling or to imprisonment for a term of not less than six months but not more than two years or to both." 40A. The principal Act is amended by adding immediately after section 20 the following new section: Crops Laws (Miscellaneous Amendments) "Powers to make by-laws 20A. The local government authority may, in consultation with the Minister, make by-laws for better carrying out of the shared functions as agreed by stakeholders." Amend ment of the Schedule 41. The principal Act is amended in paragraph 1of the Schedule by (a) deleting the whole of subparagraph (1) and substituting for it the following new subparagraphs "(1) The Board of Directors shall consist of the Chairman who shall be appointed by the President and eight other members to be appointed by the Minister as follows (a) two members from Sisal Association of Tanzania who shall represent the large sisal growers, sisal spinners and manufacturers; (b) two members representing small scale farmers recommended by sisal small holders farmers association; (c) one member from the Research Institute dealing with sisal. (d) one member representing the Ministry; (e) two members who have knowledge and experience in the sisal industry. (2) In appointing members of the Board under subparagraph (1), the Minister shall ensure that the appointment is made from three names of candidates recommended by the relevant organization, association or sector." (b) renumbering paragraphs "(2)", (3), (4), (5), (6), (7), (8), and (9) as paragraphs (3), (4), (5), (6), (7), (8), (9) and (10) respectively. No.20 Amend­ ment of the Schedule Crops Laws (Miscellaneous Amendments) 2009 27 "Powers to make by-laws 20A. The· local government authority may, in consultation with the Minister, make by-laws for better carrying out of the shared functions as agreed by stakeholders." 41. The principal Act is amended in paragraph 1 of the Schedule by ( a) deleting the whole of subparagraph (1) and substituting for it the following new subparagraphs "(1) The Board of Directors shall consist of the Chairman who shall be appointed by the President and eight other members to be appointed by the Minister as follows ( a) two members from Sisal Association of Tanzania who shall represent the large sisal growers, sisal spinners and manufacturers; (b) two members representing small scale farmers recommended by sisal small holders farmers association; ( c) one member from the Research Institute dealing with sisal. ( d) one member representing the Ministry; (e) two members who have knowledge and experience in the sisal industry. (2) In appointing members of the Board under subparagraph (1), the Minister shall ensure that the appointment is made from three names of candidates recommended by the relevant organization, association or sector." (b) renumbering paragraphs "(2)", (3), (4), (5), (6), (7), (8), and (9) as paragraphs (3), (4), (5), (6), (7), (8), (9) and (10) respectively. Constru ction Cap. 203 Amend mentof section 2 Caps 287 and 288 Crops Laws (Miscellaneous Amendments) PART V AMENDMENT OF THE COTTON INDUSTRY ACT 42. This Part shall be read as one with the Cotton Industry Act, hereinafter referred to as the "principal Act." (a) inserting in their appropriate alphabetical order the following new defmitions: ""contract fanning " means. farming under agreements between cotton growers, farmers or producers on the one part and financiers including cotton buyers, ginneries investors or bankers on the other part; "Director General" means the Chief Executive Officer of the Board appointed under section 39 of the Act; "input" means planting materials, agrochemicals, fertilizers, farm implements and packaging materials; "local government authority" means the dIstrict authority, the urban authority established under the Local Government (District Authorities) Act and the Local Government (Urban Authorities) Act." "regulatory function" includes quality control and licensing; data collection, analysis and dissemination, market information, enforcement of law and order, making and enforcing rules and regulations for proper production, processing, marketing, importation, exportation and storage of cotton inputs and products, setting indicative prices and such other functions financed exclusively by the Government; 28 No. 20 Constru­ ction Cap. 203 Amend­ ment of section 2 Caps 287 and 288 Crops Laws (Miscellaneous Amendments) 2009 PARTV .AMENDMENT OF THE COTTON INDUSTRY ACT 42. This Part shall be read as one with the Cotton Industry Act, hereinafter ref erred to as the ''principal Act." 43. Section 2 of the principal Act is amended by (a) inserting in their appropriate alphabetical order the following new definitions: ""contract farming " means . farming under agreements between cotton growers, farmers or producers on the one part and financiers including cotton buyers, ginneries investors or bankers on the other part; "Director General" means the Chief Executive Officer of the Board appointed under section 39 of the Act; "input" means planting materials, agrochemicals, fertilizers, farm implements and packaging materials; "local government authority" means the d1strict authority, the urban authority established under the Local Government (District Authorities) Act and the Local Government (Urban Authorities) Act." ''regulatory function" includes quality control and licensing; data collection, analysis and dissemination, market information, enforcement of law and order, making and enforcing rules and regulations for proper production, processing, marketing, importation, exportation and storage of cotton inputs and products, setting indicative prices and such other functions financed exclusively by the Government; Amend mentof section 5 Crops Laws (Miscellaneous Amendments) "stakeholder" means a dealer in the cotton industry including the Government, local government authorities, cooperative societies, the Board and private players such as producers, producer associations, traders, processors, marketing agents, exporters, input suppliers, research and extension institutions, financial institutions and any other person with vested interest in the cotton industry; "stakeholders meeting" means a meeting of all cotton stakeholders referred to under this Act." (b) deleting the defmition for the term "Cotton Development Fund". 44. Section 5 of the principal Act is amended by (a) repealing the whole of subsection (1) and substituting for it the following new subsections "(1) The Board shall carry out regulatory functions and such other activities necessary, advantageous or proper for the benefit of the cotton industry; (2) Without prejudice to subsection (1),the functions of the Board shall be to (a) advise the Government on the policies and strategies for the development of the cotton industry; (b) regulate and control the quality of cotton and cotton byproducts; (c) collect, refine, maintain, use or disseminate information or data relating to the cotton industry; monitor the production and exportation of cotton; No.20 Amend­ ment of section 5 Crops Laws (Miscellaneous Amendments) 2009 29 "stakeholder" means a dealer in the cotton industry including the Government, local government authorities, cooperative societies, the Board and private players such as producers, producer associations, traders, processors, marketing agents, exporters, input suppliers, research and extension institutions, financial institutions and any other person with vested interest in the cotton industry; "stakeholders meeting" means a meeting of all cotton stakeholders referred to under this Act." (b) deleting the definition for the term "Cotton Development Fund". · 44. Section 5 of the principal Act is amended by (a) repealing the whole of subsection (1) and substituting for it the following new subsections "(!) The Board shall carry out regulatory functions and such other activities necessary, advantageous or proper for the benefit of the cotton industry; (2) Without prejudice to subsection (l),the functions of the Board shall be to­ ( a) (b) advise the Government on the policies and strategies for the development of the cotton industry; regulate and control the quality of cotton and cotton byproducts; ( c) collect, refine, maintain, use or disseminate information or data relating to the cotton industry; monitor the production and exportation of cotton; Amend ment of section 33 Amend ment of section 34 Amend ment of section 35 Addition of section 14A Crops Laws (Miscellaneous Amendments) (d) make regulations for processing, exportation and storage of cotton and cotton by-products; (e) promote and protect the interests of farmers against syndicates of buyers which may be formed through associations; (f) to monitor consumption of Cotton Lint in Local textile industries; (g) promote the development of the cotton industry; and (h) represent the Government in local and international fora in matters relating to the cotton industry." (b) renumbering subsections (2), (3), (4) and (5) as subsections (3), (4), (5) and (6), respectively. 45. Section 33 of the principal Act is amended in subsection (1) by deleting paragraph (d) and substituting for it the following new paragraph "(d) keep correct records of seed cotton deliveries, lint and seed production and make correct returns to the Board as may be prescribed." 46. Section 34 of the principal Act is amended by deleting paragraph (d). 47. Section 35 of the principal Act is amended by repealing subsection (2) and substituting for it the following: "(2) Any person aggrieved by the decision of the Board, may, within sixty days from the date of the decision, appeal in writing to the Minister." 48. The principal Act is amended by adding immediately after section 14 the followingnew section: 30 No. 20 Amend­ ment of section 33 Amend­ ment of section 34 Amend­ ment of section 35 Addition of section 14A Crops Laws (Miscellaneous Amendments) 2009 ( d) make regulations for processing, exportation and storage of cotton and cotton by-products; ( e) promote and protect the interests of farmers against syndicates of buyers which may be formed through associations; (f) to monitor consumption of Cotton Lint in Local textile industries; (g) promote the development of the cotton industry; and (h) represent the Government in local and international fora in matters relating to the cotton industry." (b) renumbering subsections (2), (3), (4) and (5) as subsections (3), (4), (5) and (6), respectively. 45. Section 33 of the principal Act is amended in subsection (1) by deleting paragraph (d) and substituting for it the following new paragraph "( d) keep correct records of seed cotton deliveries, lint and seed production and make correct returns to the Board as may be prescribed." 46. Section 34 of the principal Act is amended by deleting paragraph ( d). 47. Section 35 of the principal Act is amended by repealing subsection (2) and substituting for it the following: "(2) Any person aggrieved by the decision of the Board, may, within sixty days from the date of the decision, appeal in writing to the Minister." 48. The principal Act is amended by adding immediately after section 14 the following new section: Crops Laws (Miscellaneous Amendments) "Contract 14A.-(1) A registered farmer may, for the farming purposes of facilitating farming activities, enter into contract farming with financier, cotton buyer, cotton processor, investor or banker. (2) The contract fanning entered into under subsection (1) shall be in the prescribed standard form and shall contain (a) name, address and status of the registered farmer; (b) name, address and status of the financier; (c) obligations of the parties; (d) type or kind of facilitation to be granted to the farmer; (e) terms and conditions imposed on the farmer; and (f) such other information as may be necessary for the purpose of the contract farming. (3) Every contract farming entered into under this section shall be submitted to the Board for perusal and registration. (4) The Board shall have the mandate to monitor the implementation of the contract farming in order to protect rights of both parties. (5) Any person being a financier, cotton buyer, cotton processor, investor or banker shall not facilitate a registered farmer in any manner without a contract of farming as required under this section. (6) A person who contravenes this section commits an offence and shall be liable on conviction to a fine of not less than five million shillings or to imprisonment for a term of not less than six months but not more than two years or to both." No.20 Crops Laws (Miscellaneous Amendments) 2009 31 "Contract 14A.-(1) A registered farmer may, for the farming purposes of facilitating fanning activities, enter into contract farming with financier, cotton buyer, cotton processor, investor or banker. (2) The contract farming entered into under subsection (1) shall be in the prescribed standard form and shall contain (a) name, address and status of the registered farmer; (b) name, address and status of the financier; (c) obligations of the parties; (d) type or kind of facilitation to be granted to the farmer; (e) terms and conditions imposed on the farmer; and (f) such other information as may be necessary for the purpose of the contract fanning. (3) Every contract farming entered into under this section shall be submitted to the Board for perusal and registration. (4) The Board shall have the mandate to monitor the implementation of the contract farming in order to protect rights of both parties. (5) Any person being a financier, cotton buyer, cotton processor, investor or banker shall not facilitate a registered farmer in any manner without a contract of farming as required under this section. ( 6) A person who contravenes this section commits an offence and shall be liable on conviction to a fme of not less than five million shillings or to imprisonment for a term of not less than six months but not more than two years or to both." Amend mentof section 38 Amend ment of section 39 Amend ment of section 43 Repeal and replace mentof section 46 Crops Laws (Miscellaneous Amendments) 49. Section 38 of the principal Act is amended in subsection (1) by adding immediately after paragraph (c) the following new paragraphs: "(d) engage in sales contract involving cotton lint or cotton seeds without filing the particulars of sale contract with the Board within seven days after the date of the conclusion of the contract; (e) engage in sales for local consumption and export unless he is able to make returns, in a prescribed manner, of all sales made for local consumption and export on a weekly basis; and (f) deal with textile mills unless he is able to make returns to the Board of all the cotton lint purchased from the ginners in a prescribed form." 50. Section 39 of the principal Act is amended by deleting the designation "General Manager" and substituting for it the designation "Director General" (a) repealing paragraph (c); and (b) renaming paragraphs (d) and (e) as paragraphs (c) and (d), respectively. 52. The principal Act is amended by repealing section 46 and replacing for it the following: "Stake holders' meeting 46.-(1) For the purposes of promoting the development of the cotton industry, there shall be a stakeholder's forum which shall be responsible for 32 No. 20 Crops Laws (Miscellaneous Amendments) 2009 Amend­ ment of section 38 Amend­ ment of section 39 Amend­ ment of section 43 Repeal and replace­ ment of section 46 49. Section 38 of the principal Act is amended in subsection (1) by adding immediately after paragraph ( c) the following new paragraphs: "( d) engage in sales contract involving cotton lint or cotton seeds without filing the particulars of sale contract with the Board within seven days after the date of the conclusion of the contract; ( e) engage in sales for local consumption and export Wlless he is able to make returns, in a prescribed manner, of all sales made for local conswnption and export on a weekly basis; and (f) deal with textile mills Wlless he is able to make returns to the Board of all the cotton lint purchased from the ginners in a prescribed form." SO. Section 39 of the principal Act is amended by deleting the designation "General Manager" and substituting for it the designation "Director General" 51. Section 43 of the principal Act is amended by (a) repealing paragraph (c); and (b) renaming paragraphs (d) and (e) as paragraphs (c) and (d), respectively. 52. The principal Act is amended by repealing section 46 and replacing for it the following: "Stake­ holders' meeting 46.-(1) For the purposes of promoting the development of the cotton industry, there shall be a stakeholder's forum which shall be responsible for Repeal and replace ment of sections 47 and 48 Amend mentof section 49 Crops Laws (Miscellaneous Amendments) (a) putting in place mechanisms for the management and funding of the shared functions; (b) making procedures for conducting the annual general meetings; (C) determining modalities for financing its activities and meetings; and (d) establishing stakeholders' secretariat and other organs for better carrying out the shared functions. (2) The stakeholders shall hold the meeting once in a year to agree on the funding, implementation of the shared functions and other matters of common interest." 53. The principal Act is amended by repealing sections 47 and 48 and replacing for them the following: "Powers 47. The local government authority may in ~omake consultation with the Minister, make by-laws for y-laws better carrying out of the shared functions as agreed upon by the cotton stakeholders. Financing of shared functions 48. For the purpose of fmancing shared functions, stakeholders may put in place a mechanism for the management and mode of contribution." (a) repealing subsections (1) and (2) and substituting for them the following "(1) The Board shall cause to be kept and maintained proper books of accounts in respect to: No.20 Repeal and replace­ ment of sections 47 and 48 Amend­ ment of section 49 Crops Laws (Miscellaneous Amendments) 2009 33 (a) putting in place mechanisms for the management and fimding of the shared functions; (b) making procedures for conducting the annual general meetings; (c) determining modalities for financing its activities and meetings; and (d) establishing stakeholders' secretariat and other organs for better carrying out the shared functions. (2) The stakeholders shall hold the meeting once in a year to agree on the funding, implementation of the shared functions and other matters of common interest." 53. The principal Act is amended by repealing sections 4 7 and 48 and replacing for them the following: "Powers 47. The local government authority may in to make consultation with the Minister, make by-laws for by-laws better carrying out of the shared functions as Financing of shared functions agreed upon by the cotton stakeholders. 48. For the purpose of financing shared functions, . stakeholders may put in place a mechanism for the management and mode of contribution." 54. Section 49 of the principal Act is amended by: ( a) repealing subsections (1) and (2) and substituting for them the following "( 1) The Board shall cause to be kept and maintained proper books of accounts in respect to: Amend ment of the Schedule Crops Laws (Miscellaneous Amendments) (a) the income and expenditure statement of the Board; and (b) all assets and liabilities of the Board. (2) The books of accounts of the Board shall be audited at the end of each fmancial year by the Controller and Auditor General." (b) deleting the phrase "the auditor appointed" appearing in the opening words of subsection (3) and substituting for it the phrase "the Controller and Auditor General"; and (c) deleting the word "three" appearing in subsection (4) and substituting for it the word "six ". 55. The Schedule to the principal Act is amended in paragraph 1 by deleting the whole of subparagraphs (1) and (2) and substituting for them the following: "(1) The Board of Directors shall consist of the Chairman who shall be appointed by the President and six other members to be appointed by the Minister as follows (a) one member representing the local government authorities; (b) one member representing the Tanzania Cotton Association; (c) one member representing the Cotton Growers Association; (d) one member representing the textiles industry; (e) two members who have knowledge and experience in the matter relating to cotton industry; and (f) two members representing cotton growers co-operative societies. 34 No. 20 Crops Laws (Miscellaneous Amendments) 2009 Amend­ ment of the Schedule (a) the income and expenditure statement of the Board; and (b) all assets and liabilities of the Board. (2) The books of accmmts of the Board shall be audited at the end of each financial year by the Controller and Auditor General." (b) deleting the phrase "the auditor appointed" appearing in the opening words of subsection (3) and substituting for it the phrase "the Controller and Auditor General"; and (c) deleting the word ''three" appearing in subsection (4) and substituting for it the word "six". 55. The Schedule to the principal Act is amended in paragraph 1 by deleting the whole of subparagraphs (1) and (2) and substituting for them the following: "( l) The Board of Directors shall consist of the Chairman who shall be appointed by the President and six other members to be appointed by the Minister as follows (a) one member representing the local government authorities ; (b) one member representing the Tanzania Cotton Association; ( c) one member reprei,enting the Cotton Growers Association; ( d) one member representing the textiles industry; ( e) two members who have knowledge and experience in the matter relating to cotton industry; and ( f) two members representing cotton growers co-operative societies. Constru ction Cap.202 Amend ment of section 2 Crops Laws (Miscellaneous Amendments) (2) The Minister shall, in appointing members under subparagraph (1) ensure that the appointment is made from three names of candidates recommended by the relevant association or sector." PART VI AMENDMENT OF THE TOBACCO INDUSTRY ACT 56. This Part shall be read as one with the Tobacco Industry Act, hereinafter referred to as the "principal Act". 57. The principal Act is amended in section 2 by inserting in appropriate alphabetical order the following new definitions: ""contract farming " means farming under an agreement between tobacco growers, farmers or producers on the one part and tobacco industry financiers such as leaf tobacco buyers and sellers, tobacco processors or bankers on the other part; "Director General" means the Chief Executive Officer of the Tobacco Board; "Environmental Impact Assessment" means a study of environmental impact conducted in accordance with the provisions of the Environmental Management Act; "financier" means a banker, district council, financial institution, tobacco trader and any other party who may provide financing to tobacco growers in whatever arrangement to support tobacco production. "local government authority" means the district authority, the urban authority established under the Local Government (District Authorities) Act and the Local Government (Urban Authorities) Act; "nesting of tobacco" means hiding of inferior tobacco against good quality tobacco in a tobacco bale; "non-tobacco related material" means plastics, plants, stones, sands, insects, water and any other liquid substance or solid materials; "over conditioning" means presence of moisture above sixteen percent content in tobacco; No. 20 Constru­ ction Cap.202 Amend­ ment of section 2 Crops Laws (Miscellaneous Amendments) 2009 35 (2) The Minister shall, in appointing members under subparagraph (1) ensure that the appointment is made from three names of candidates recommended by the relevant association or sector." · PART VI AMENDMENT OF TIIE TOBACCO INDUSTRY ACT 56. This Part shall be read as one with the Tobacco Industry Act, hereinafter referred to as the ''principal Act". 57. The principal Act is amended in section 2 by inserting in appropriate alphabetical order the following new definitions: ""contract farming " means farming under an agreement between tobacco growers, farmers or producers on the one part and tobacco industry financiers such as leaf tobacco buyers and sellers, tobacco processors or bankers on the other part; "Director General" means the Chief Executive Officer of the Tobacco Board; "Environmental Impact Assessment" means a study of environmental impact conducted in accordance with the provisions of the Environmental Management Act; "financier" means a banker, district council, financial institution, tobacco trader and any other party who may provide financing to tobacco growers in whatever arrangement to support tobacco production. "local government authority" means the district authority, the urban authority established under the Local Government (District Authorities) Act and the Local Government (Urban Authorities) Act; "nesting of tobacco" means hiding of inferior tobacco against good quality tobacco in a tobacco bale; "non-tobacco related material" means plastics, plants, stones, sands, insects, water and any other liquid substance or solid materials; "over conditioning" means presence of moisture above sixteen percent content in tobacco; Amend mentof section 5 Crops Laws (Miscellaneous Amendments) "regulatory function" includes data collection, data analysis and dissemination, market information, enforcement of law and order, making and enforcing rules and regulations for proper production, processing, marketing, importation, exportation and storage of tobacco products and inputs, setting indicative prices and all functions financed exclusively by the Government; "stakeholders meeting" means the meeting of all tobacco stakeholders to be held at least once a year to agree on the funding and implementation or otherwise of the shared functions and other matters of common interest to tobacco stakeholders; "shared function" means joint function to be undertaken by all tobacco stakeholders as agreed from time to time and includes research, extension, inputs supply, crop development, promotion, and promotion of fair trade and competition; "stakeholder" means a public dealer in the tobacco industry and includes the Central Government, local government authorities, Cooperative Societies, the Tobacco Board, Tobacco Research Institutes, tobacco traders and private players who are interested in the tobacco industry; and "tobacco traders" means leaf tobacco buyers, leaf tobacco sellers, tobacco processing factories and cigarette manufacturers." 58. The principal Act is amended in section 5 by: repealing subsection (1) and substituting for it the following "(1) The Board shall carry out regulatory functions and such other activities necessary, advantageous or proper for the benefit of the tobacco industry and shall include 36 No. 20 Amend­ ment of section 5 Crops Laws (Miscellaneous Amendments) 2009 "regulatory function" includes data collection, data analysis and dissemination, market information, enforcement of law and order, making and enforcing rules and regulations for proper production, processing, marketing, importation, exportation and storage of tobacco products and inputs, setting indicative prices and all functions financed exclusively by the Government; "stakeholders meeting" means the meeting of all tobacco stakeholders to be held at least once a year to agree on the funding and implementation or otherwise of the shared functions and other matters of common interest to tobacco stakeholders; "shared function" means joint function to be undertaken by all tobacco stakeholders as agreed from time to time and includes research, extension, inputs supply, crop development, promotion, and promotion of fair trade and competition; "stakeholder" means a public dealer in the tobacco industry and includes the Central Government, local government authorities, Cooperative Societies, the Tobacco Board, Tobacco Research Institutes, tobacco traders and private players who are interested in the tobacco industry; and "tobacco traders" means leaf tobacco buyers, leaf tobacco sellers, tobacco processing factories and cigarette manufacturers." S8. The principal Act is amended in section 5 by: repealing subsection (1) and substituting for it the following "(}) The Board shall carry out regulatory functions and such other activities necessary, advantageous or proper for the benefit of the tobacco industry and shall include Crops Laws (Miscellaneous Amendments) (a) advising the Government on the policies and strategies for the development of the tobacco industry; (b) regulating and controlling the quality of tobacco and tobacco by products; (c) collecting, refining, maintaining, using or disseminating information or data relating to the tobacco industry; (d) monitoring the production and exportation oftobacco; (e) making rules for processing, exportation and storage of tobacco and tobacco by products; (f) facilitating or assisting in the formation of associations or other bodies related to or dealing with the tobacco industry; (g) promoting and protecting the interests of farmers against syndicates of buyers which may be formed through associations; (h) controlling and prescribing measures for the preservation of the environment including avoidance of land degradation through compulsory a forestation and economical use of wood fuel programmes; and (i) representing the Government in international and local ,fora in matters relating to or dealing with tobacco industry. (b) repealing sub-section (5). . No.20 Crops Laws (Miscellaneous Amendments) 2009 37 (a) advising the Government on the policies and strategies for the development of the tobacco industry; (b) · regulating and controlling the quality of tobacco and tobacco by products; ( c) collecting, refining, maintaining, using or disseminating information or data relating to the tobacco industry; ( d) monitoring the production and exportation of tobacco; ( e) making rules for processing, exportation and storage of tobacco and tobacco by products; (f) facilitating or assisting in the formation of associations or other bodies related to or dealing with the tobacco industry; (g) promoting and protecting the interests of farmers against syndicates of buyers which may be formed through associations; (h) controlling and prescribing measures for the preservation of the environment including avoidance of land degradation through· compulsory a forestation and economical use of wood fuel programmes; and (i) representing the Government in international and local ,fora in matters relating to or dealing with tobacco industry. (b) repealing sub-section (5). Amend ment of the heading to Part III Amend mentof section 7 Additio n of section 7A 59. The principal Act is amended by deleting the heading to Part III and substituting for it the following heading: "TOBACCO PRODUCTION" 60. Section 7 of the principal Act is amended in subsection (3) by adding immediately after paragraph (d) the following new paragraph "(e) number of trees to be planted to supply wood fuel in conformity with production expectations and environmental conservation." 61. The principal Act is amended by adding immediately after section 7, the following new sections: "Contract farming 7A.-(I) A registered farmer may, for the purpose of facilitating farming activities, enter into a contract farming with financier, tobacco buyers, processor, investors or banker. (2) The contract farming entered into under subsection (I) shall be in the prescribed standard form and shall contain (a) name, address and status of the registered farmer; (b) name, address and status of the financier; (c) obligations of the parties; (d) type or kind of facilitation to be granted to the farmer; (e) terms and conditions imposed on the farmer; and (f) such other information as may be necessary for the purpose of the contract farming. 38 No. 20 Crops Laws (Miscellaneous Amendments) 2009 Amend­ ment of the heading to Part III Amend­ ment of section 7 Additio n of section 7A 59. The principal Act is amended by deleting the heading to Part III and substituting for it the following heading: "TOBACCO PRODUCTION" 60. Section 7 of the principal Act is amended in subsection (3) by adding immediately after paragraph ( d) the following new paragraph "( e) number of trees to be planted to supply wood fuel in conformity with production expectations and environmental conservation." 61. The principal Act is amended by adding immediately after section 7, the following new sections: "Contract farming 7A.-(1) A registered farmer may, for the purpose of facilitating farming activities, enter into a contract farming with financier, tobacco buyers, processor, investors or banker. (2) The contract farming entered into under subsection (1) shall be in the prescribed standard form and shall contain (a) name, address and status of the registered farmer; (b) name, address and status of the financier; ( c) obligations of the parties; ( d) type or kind of facilitation to be granted to the farmer; (e) terms and conditions imposed on the farmer; and (f) such other information as may be necessary for the purpose of the contract farming. Amend ment of section 14 Amend ment of section 16 Amend ment of section 23 Crops Laws (Miscellaneous Amendments) (3) Every contract fanning entered into under this section shall be submitted to the Board for perusal and registration. (4) The Board shall monitor the implementation of contract farming in order to protect rights of both parties. (5) Any person being a financier, tobacco buyers, processor, investors or banker shall not facilitate a registered farmer in any manner without a contract farming as required under this section. (6) A person who contravenes this section commits an offence and shall be liable on conviction to a fine of not less than five million shillings or to imprisonment for a term of not less than six months but not more than two years or to both." 62. Section 14 of the principal Act is amended in sub section (1) by (a) deleting the phrase "precautions taken with respect to the preservation of the environment" appearing in paragraph (h) and substituting for it the phrase "Environmental Impact Assessment report"; and (b) repealing subsection (6). 63. The principal Act is amended in section 16 by (a) deleting paragraphs (2) and (3); and (b) renumbering subsection (4) as subsection (2). (c) deleting the words " and farming contract" appearing in the marginal note. 64. The principal Act is amended in section 23 by deleting the phrase "payment of prescribed fee and any other" appearing in paragraph (c). No.20 Amend­ ment of section 14 Amend• ment of section 16 Amend­ ment of section 23 Crops Laws (Miscellaneous Amendments) 2009 39 (3) Every contract fanning entered into under this section shall be submitted to the Board for perusal and registration. (4) The Board shall monitor the implementation of contract fanning in order to protect rights of both parties. (5) Any person being a financier, tobacco buyers, processor, investors or banker shall not facilitate a registered farmer in any manner without a contract farming as required under this section. (6) A person who contravenes this section commits an offence and shall be liable on conviction to a fine of not less than five million shillings or to imprisonment for a term of not less than six months but not more than two years or to both." 62. Section 14 of the principal Act is amended in sub section ( 1) by (a) deleting the phrase "precautions taken with respect to the preservation of the environment" appearing in paragraph (h) and substituting for it the phrase "Environmental Impact Assessment report"; and (b) repealing subsection (6). 63. The principal Act is amended in section 16 by­ (a) deleting paragraphs (2) and (3); and (b) renumbering subsection (4) as subsection (2). ( c) deleting the words " and fanning contract" appearing in the marginal note. 64. The principal Act is amended in section 23 by deleting the phrase "payment of prescribed fee and any other" appearing in paragraph ( c ). Repeal and replace ment of section 28 Crops Laws (Miscellaneous Amendments) 65. The principal Act is amended by repealing section 28 and replacing for it the following: "Prohibi tion of adultera tion and nesting of tobacco 28.-(1) Any person who adds, cause to be added any foreign material or causes over conditioning to tobacco for purposes of adulterating, commits an offence and upon conviction shall be liable, in the case of (a) a first offence, to a fine of not less than five hundred thousand shillings but not exceeding two million; (b) a second offence, to a fine of not less than two million shillings but not exceeding five million shillings and suspension fro~ tobacco farming for one crop season; and (c) a third offence, to a fine of not less than five million shillings but not exceeding ten million shillings and de registration from tobacco farming. (2) Any person who mixes different tobacco grades for the purpose of misleading or cheating the tobacco classifier in order to be awarded superior classification grades commits the offence of tobacco nesting and shall, upon conviction be liable to a fine of not less than one million but not exceeding five million shillings and cancellation of his tobacco registration. (3) Any tobacco bale containing nested tobacco or non-tobacco materials at any stage from the market centre to a processing factory shall be marked accordingly and full particulars of its owner shall be taken for necessary actions provided for under sub sections (1) and (2). 40 No. 20 Crops Laws (Miscellaneous Amendments) 2009 Repeal and replace­ ment of section 28 65. The principal Act is amended by repealing section 28 and replacing for it the following: "Prohibi­ tion of adultera­ tion and nesting of tobacco 28.-(1) Any person who adds, cause to be added any foreign material or causes over conditioning to tobacco for purposes of adulterating, commits an offence and upon conviction shall be liable, in the case of (a) a first offence, to a fine of not less than five hundred thousand shillings but not exceeding two million; (b) a second offence, to a fine of not less than two million shillings but not exceeding five million shillings and suspension fi-0111 tobacco fanning for one crop season; and (c) a third offence, to a fine of not less than five million shillings but not exceeding ten million shillings and de­ registration from tobacco fanning. (2) Any person who mixes different tobacco grades for the purpose of misleading or cheating the tobacco classifier in order to be awarded superior classification grades commits the offence of tobacco nesting and shall, upon conviction be liable to a fine of not less than one million but not exceeding five million shillings and cancellation of his tobacco registration. (3) Any tobacco bale containing nested tobacco or non-tobacco materials at any stage from the market centre to a processing factory shall be marked accordingly and full particulars of its owner shall be taken for necessary actions provided for under sub sections (1) and (2). Amend ment of section 40 Crops Laws (Miscellaneous Amendments) (4) The Board shall, in collaboration with tobacco growers and tobacco traders, put in place a system for monitoring nesting of tobacco, tobacco mixing and non-tobacco related materials from grading and baling centres to processing factories." 66. Section 34 of the principal Act is amended by (a) deleting paragraph (c); and (b) re- naming paragraphs (d) and (e) as paragraph (c) and (d), respectively 67. The principal Act is amended by repealing section 39 and replacing for it with the followingnew section "Finan cing of shared functions 39. For the purpose of financing shared functions, stakeholders may put in place mechanisms for the management and for the mode of contribution." (a) in subsection (1) by (i) repealing the phrase "and the tobacco development fund respectively" appearing in paragraph (a) ; (ii) deleting the phrase "and the Fund" appearing in paragraphs (b) and (c). (b) by deleting subsection (2) and substituting for it the following provision: "(2) The books of Accounts of the Board shall be audited at the end of each financial year by the Controller and Auditor General." (c) in subsection (3) by No.20 Amend­ ment of section 34 Repeal and replace . · ment of section f 39 ! r: Amend­ ment of section 40 Crops Laws (Miscellaneous Amendments) 2009 41 (4) The Board shall, in collaboration with tobacco growers and tobacco traders, put in place a system for monitoring nesting of tobacco, tobacco mixing and non-tobacco related materials from grading and baling centres to processing factories." 66. Section 34 of the principal Act is amended by­ ( a) deleting paragraph (c); and (b) re- naming paragraphs ( d) and ( e) as paragraph ( c) and ( d), respectively 67. The principal Act is amended by repealing section 39 and replacing for it with the following new section "Finan­ cing shared 39. For the purpose of financing shared of functions, stakeholders may put in place mechanisms for the management and for the mode of contribution." functions 68. Section 40 of the PrincipalAct is amended (a) in subsection (1) by (i) repealing the phrase "and the tobacco development fund respectively" appearing in paragraph (a); (ii) deleting the phrase "and the Fund" appearing in paragraphs (b) and (c). (b) by deleting subsection (2) and substituting for it the following provision: "(2) The books of Accounts of the Board shall be audited at the end of each financial year by the Controller and Auditor General." (c) in subsection (3) by Amend ment of section 42 Amend ment of section 46 Addition of new sections Crops Laws (Miscellaneous Amendments) (i) deleting the phrase "appointed under the provisions of subsection (2)" appearing in the opening words; and (ii) deleting the phrase "and the Fund" appearing in paragraph (c). (d) by deleting subsection (4) and substituting for it the following new subsection: "(4) The Board shall, within six months after the end of the financial year, submit to the Minister a copy of the audited accounts and a report on the activities of the Board in respect of that year." 69. The principal Act is amended in section 42 by repealing subsection (3) and substituting for it the following: "(3) The functions of the Council shall be to (a) propose to the Board selling and buying arrangements, including contracts, auctions and tendering between farmers and tobacco buyers; (b) set minimum indicative tobacco farmer grade prices, as the case may be, in conformity with mechanism used for selling and buying tobacco as provided under subsection (l); and (c) propose mechanisms for procuring input, pricing and supplying arrangements for approval by the Board." (a) deleting the reference to subsection (1) appearing immediately after figure "46"; and (b) repealing subsection (2). 71. The principal Act is amended by adding immediately after section 46, the following new sections: 42 No. 20 Crops Laws (Miscellaneous Amendments) 2009 Amend­ ment of section 42 Amend­ ment of section 46 Addition ofnew sections (i) deleting the phrase "appointed under the provisions of subsection (2)" appearing in the opening words; and (ii) deleting the phrase "and the Fund" appearing in paragraph ( c ). (d) by deleting subsection (4) and substituting for it the following new subsection: "(4) The Board shall, within six months after the end of the financial year, submit to the Minister a copy of the audited accounts and a report on the activities of the Board in respect of that year." 69. The principal Act is amended in section 42 by repealing subsection (3) and substituting for it the following: "(3) The functions of the Council shall be to (a) propose to the Board selling and buying arrangements, including contracts, auctions and tendering between farmers and tobacco buyers; (b) set minimum indicative tobacco farmer grade prices, as the case may be, in conformity with mechanism used for selling and buying tobacco as provided under subsection (l); and ( c) propose mechanisms for procuring input, pricing and supplying arrangements for approval by the Board." 70. The principal Act is amended in section 46 by (a) deleting the reference to subsection (1) appearing immediately after figure "46"; and (b) repealing subsection (2). 71. The principal Act is amended by adding immediately after section 46, the following new sections: Amend ment of Second Schedule Crops Laws (Miscellaneous Amendments) Power to make by-laws Stake holders meeting 47. Any person aggrieved by the decision of the Board in matters which are regulatory in nature may, within sixty days after the date of the decision, appeal in writing to the Minister. 48. The local government authority may in consultation with the Minister, make by-laws for the better carrying out of the shared functions agreed by tobacco stakeholders. 49.-(1) For the purposes of promoting the development of the tobacco industry, there shall be a stakeholder's forum which shall be responsible for (a) putting in place mechanisms for the management and funding of the shared functions; (b) making procedures for conducting the annual general meetings; (c) determine modalities for financing its activities and meetings; and (d) establishing stakeholders' secretariat and other organs for better carrying out the shared functions. (2) The stakeholders shall hold a meeting at least once a year to agree on the funding and implementation of the shared functions and other matters." 72. The Second Schedule to the principal Act is amended (a) in paragraph 8 by deleting the word "Nine" appearing in subparagraph (1) and substituting for it the word "Half' (b) by adding immediately after subparagraph (d) of paragraph 8 the followingproviso: "Provided that the quorum shall be constituted where half of the members are representatives of growers and traders." . No.20 Amend­ ment of Second Schedule Crops Laws (Miscellaneous Amendments) 2009 43 "Appeals Power to make by-laws Stake­ holders meeting 47. Any person aggrieved by the decision of the Board in matters which are regulatory in nature may, within sixty days after the date of the decision, appeal in writing to the Minister. 48. The local government authority may in consultation with the Minister, make by-laws for the better carrying out of the shared functions agreed by tobacco stakeholders. 49.-(1) For the purposes of promoting the development of the tobacco industry, there shall be a stakeholder's forum which shall be responsible for (a) putting in place mechanisms for the management and funding of the shared functions; (b) making procedures for conducting the annual general meetings; ( c) determine modalities for financing its activities and meetings; and (d) establishing stakeholders' secretariat and other organs for better carrying out the shared functions. (2) The stakeholders shall hold a meeting at least once a year to agree on the funding and implementation of the shared functions and other matters." 72. The Second Schedule to the principal Act is amended ( a) in paragraph 8 by deleting the word "Nine" appearing in subparagraph (1) and substituting for it the word "Half' (b) by adding immediately after subparagraph ( d) of paragraph 8 the following proviso: "Provided that the quorum shall be constituted where half of the members are representatives of growers and traders." Amend ment of First Schedule Constru ction Cap.376 Amend ment of short title Amend ment of section 2 Crops Laws (Miscellaneous Amendments) 73. The First Schedule to the principal Act is amended by (a) deleting the word "eight" appearing in the opening words to paragraph 1(1) and substituting for it the word "nine"; (b) deleting subparagraph (e) of paragraph (1) and substituting for it the following: "(e) two members being persons who possess knowledge and experience in tobacco industry." PART VII AMENDMENT OF THE PYRETHRUM ACT 74. This Part shall be read as one with the Pyrethrum Act, hereinafter referred to as the "principal Act". 75. The principal Act is amended by repealing the short title and substituting for it the following new short title: "This Act may be cited as the Pyrethrum Industry Act." (a) inserting in the appropriate alphabetical order the following new defmitions: ""contract farming" means farming under an agreement between financiers or pyrethrum buyers on the one part and pyrethrum producers on the other part; "Director General" means the Chief Executive Officer of the Pyrethrum Board; 44 No. 20 Crops Laws (Miscellaneous Amendments) 2009 Amend­ ment of First Schedule Constru­ ction Cap.376 Amend­ ment of short title Amend­ ment of section 2 73. The First Schedule to the principal Act is amended by -(a) deleting the word "eight" appearing in the opening words to paragraph 1(1) and substituting for it the word "nine"; (b) deleting subparagraph (e) of paragraph (1) and substituting for it the following: "( e) two members being persons who possess knowledge and experience in tobacco industry." PART VII AMENDMENT OF THE PYRETHRUM ACT 74. This Part shall be read as one with the Pyrethrum Act, hereinafter referred to as the "principal Act". 75. The principal Act is amended by repealing the short title and substituting for it the following new short title: "Ibis Act may be cited as the Pyrethrum Industry Act." 76. The principal Act is amended in section 2 by (a) inserting in the appropriate alphabetical order the following new definitions: ""contract farming" means fanning under an agreement between financiers or pyrethrum buyers on the one part and pyrethrum producers on the other part; "Director General" means the Chief Executive Officer of the Pyrethrum Board; Crops Laws (Miscellaneous Amendments) Cap. 287 Cap. 288 "Director" means the director for the time being responsible for crops." "input" means planting materials, splits, agrochemicals, fertilizers, farm implements and packaging materials; "local government authority" means a district authority, or an urban authority established under the local Government (District Authorities) Act and the Local Government (Urban Authorities) Act; "regulatory function" means public function and includes quality control and licensing, data collection and dissemination, market information, enforcement oflaw and order, making and enforcing rules and regulations for proper production, processing, setting indicative prices, marketing, importation and storage of pyrethrum inputs and products and such other functions financed exclusively by the Government; "shared function" means joint function to be undertaken by all pyrethrum stakeholders as agreed from time to time, including research, extension services, inputs supply and improvement, pyrethrum crop development, promotion and promotion of fair trade and competition, collecting, refining, maintaining and disseminating data relating to the pyrethrum industry, improving technologies and delivery system; "stakeholders' meeting" means the meeting of all stakeholders to be held at least once a year to agree on the management, funding and implementation or otherwise of the shared functions and other matters of common interest to the stakeholders; No. 20 Cap. 287 Cap. 288 Crops Laws (Miscellaneous Amendments) 2009 45 "Director" means the director for the time being responsible for crops." "input" means planting materials, splits, agrochemicals, fertilizers, farm implements and packaging materials; "local government authority" means a district authority, or an urban authority established under the local Government (District Authorities) Act and the Local Government (Urban Authorities) Act; "regulatory :function" means public function and includes quality control and licensing, data collection and dissemination, market information, enforcement of law and order, making and enforcing rules and regulations for proper production, processing, setting indicative prices, marketing, importation and storage of pyrethrum inputs and products and such other functions financed exclusively by the Government; "shared function" means joint function to be undertaken by all pyrethrum stakeholders as agreed from time to time, including research, extension services, inputs supply and improvement, pyrethrum crop development, promotion and promotion of fair trade and competition, collecting, refining, maintaining and disseminating data relating to the pyrethrum industry, improving technologies and delivery system; "stakeholders' meeting" means the meeting of all stakeholders to be held at least once a year to agree on the management, funding and implementation or otherwise of the shared functions and other matters of common interest to the stakeholders; Amend mentof section 3 Amend mentof section 5 Crops Laws (Miscellaneous Amendments) "stakeholder" means a dealer in the pyrethrum industry and it includes the Government, local Government authorities, pyrethrum growers association, cooperative societies, the pyrethrum board, private buyers and any other person with a vested interest in the pyrethrum industry." (b) deleting the definitions of the terms "fund" and "Commissioner'''' (a) in subsection (1) by deleting the word "Northern" appearing in paragraph (a) and substituting for it the wor-d"Southern"; deleting the words "Growers Association" appearing in paragraph (b) and substituting for them the word "stakeholders"; (b) in subsection (5) by deleting the designation "Minister" and substituting for it the designation "President" . (a) deleting the opening phrase and substituting for it the following "The Board shall carry out regulatory functions and such other activities necessary, advantageous or proper for the benefit of the pyrethrum industry and in particular shall include-" (b) deleting paragraphs (c), (d) and (e) and substituting for them the following paragraphs: 46 No. 20 Amend~ mentof section 3 Amend­ ment of section 5 Crops Laws (Miscellaneous Amendments) 2009 "stakeholder" means a dealer in the pyrethrum industry and it includes the Government, local Government authorities, pyrethrum growers association, cooperative societies, the pyrethrum board, private buyers and any other person with a vested interest in the pyrethrum industry." (b) deleting the definitions of the terms "fund" and "Commissioner'"' 77. Section 3 of the principal Act is amended (a) in subsection (1) by deleting the word ''Northern" appearing in paragraph (a) and substituting for it the wor-d "Southern"; deleting the words "Growers Association" appearing in paragraph (b) and substituting for them the word "stakeholders"; (b) in subsection (5) by deleting the designation "Minister" and substituting for it the designation "President". 78. The principal Act is amended in section 5 by ( a) deleting the opening phrase and substituting for it the following "The Board shall carry out regulatory functions and such other activities necessary, advantageous or proper for the benefit of the pyrethrum industry and in particular shall include-" (b) deleting paragraphs (c), (d) and (e) and substituting for them the following paragraphs: Repeal of section 7 Amend ment of section 11 Repeal and replace ment of section 14 Crops Laws (Miscellaneous Amendments) "(c) to issue license to persons engaged in production, buying, processing and marketing of pyrethrum; (d) to ensure fair trade, competition and monitor prices as determined by market force; (e) to advise the Government on matters arising from the stakeholders meeting of strategy and policy related to the development of the pyrethrum industry; (t) to represent the Government in local and international fora in matters relating to the pyrethrum industry; (g) to enforce quality standards for production and processing of pyrethrum; and (h) to enforce regulations for control of pests and diseases." (c) re-naming paragraph (t) as paragraph (i). 80. The principal Act is amended in section 11 by repealing the phrase "chief executive officer" appearing in subsection (1), and substituting for it the phrase "Director General". 81. The principal Act is amended by repealing section 14 and replacing for it the following: "Stake holders meeting 14.-(1) For the purposes of promoting the development of the pyrethrum industry, there shall be a stakeholder's forum which shall be responsible for No.20 Repeal of section 7 Amend­ ment of section 11 Repeal and replace­ ment of section 14 Crops Laws (Miscellaneous Amendments) 2009 47 "( c) to issue license to persons engaged in production, buying, processing and marketing of pyrethrum; ( d) to ensure fair trade, competition and monitor prices as determined by market force; (e) to advise the Government on matters ansmg from the stakeholders meeting of strategy and policy related to the development of the pyrethrum industry; (f) to represent the Government in local and international fora in matters relating to the pyrethrum industry; (g) to enforce quality standards for production and processing of pyrethrum; and (h) to enforce regulations for control of pests and diseases." (c) re-naming paragraph (f) as paragraph (i). 79. The principal Act is amended by repealing section 7. 80. The principal Act is amended in section 11 by repealing the phrase "chief executive officer" appearing in subsection (1), and substituting for it the phrase "Director General". 81. The principal Act is amended by repealing section 14 and replacing for it the following: "Stake­ holders meeting 14.-(1) For the purposes of promoting the development of the pyrethrum industry, there shall be a stakeholder's forum which shall be responsible for Amend ment of section 15 Repeal and replace mentof section 16 Repeal of section 17 Amend mentof section 20 Crops Laws (Miscellaneous Amendments) (a) putting in place mechanisms for the management and funding of the shared functions; (b) making procedures for conducting the annual general meetings; (c) determining modalities for fmancing its activities and meetings; and (d) establishing stakeholders' secretariat and other organs for better carrying out the shared functions. (2) The stakeholders' shall meet at least once a year to agree on the funding and implementation of the shared functions and other matters." (a) deleting paragraph (b) and (d); and (b) re-numbering paragraph (c) as (b). 83. The principal Act is amended by repealing section 16 and replacing for it the followingnew section "Financing of shared functions" 16. For the purpose of financing shared functions, stakeholders may put in place a mechanism for the management and mode of contribution." 48 No. 20 Amend­ ment of section 15 Repeal and replace­ ment of section 16 Repeal of section 17 Amend­ ment of section 20 Crops Laws (Miscellaneous Amendments) 2009 (a) putting in place mechanisms for the management and funding of the shared functions; (b) making procedures for conducting the annual general .meetings; ( c) determining modalities for financing its activities and meetings; and ( d) establishing stakeholders' secretariat and other organs for better carrying out the shared functions. (2) The stakeholders' shall meet at least once a year to agree on the funding and implementation of the shared functions and other matters." 82. The principal Act is amended in section 15 by (a) deleting paragraph (b) and (d); and (b) re-numbering paragraph (c) as (b). 83. The principal Act is amended by repealing section 16 and replacing for it the following new section "Financing of shared functions" 16. For the purpose of financing shared functions, stakeholders may put in place a mechanism for the management and mode of contribution." 84. The principal Act is amended by repealing section 17. 85. Section 20 of the principal Act is amended Crops Laws (Miscellaneous Amendments) (a) in subsection (1) by deleting the phrase "and the Trust Fund Committee" appearing under paragraph (a); (b) in subsection (2) by deleting the phrase "the Tanzania Audit Corporation or any other reputable audit firm" and substituting for it the phrase "Controller and Auditor General". Addition of section 26 86. The principal Act is amended by adding immediately after section 22 the followingnew sections: "Appeals 23. Any person aggrieved by the decision of the Board on matters which are regulatory in nature may, within sixty days from the date of the decision, appeal in writing to the Minister. Contract 24.-(1) A registered farmer may, for the farming purpose of facilitating farming activities, enter into a contract farming with financier pyrethrum buyers, processor, investors or banker. (2) The contract farming entered into under subsection (1) shall be in the prescribed standard form and shall contain: (a) name, address and status of the registered farmer; (b) name, address and status of the fmancier; (c) obligations of the parties; (d) type or kind of facilitation to be granted to the farmer; (e) terms and conditions imposed on the farmer; and (f) such other information as may be necessary for the purpose of the contract farming. No. 20 Addition of section 26 Crops Laws (Miscellaneous Amendments) 2009 49 (a) in subsection (1) by deleting the phrase "and the Trust Fund Committee" appearing under paragraph (a); (b) in subsection (2) by deleting the phrase "the Tanzania Audit Corporation or any other reputable audit firm" and substituting for it the phrase "Controller and Auditor General". 86. The principal Act is amended by adding immediately after section 22 the following new sections: "Appeals 23. Any person aggrieved by the Contract farming decision of the Board on matters which are regulatory in nature may, within sixty days from the date of the decision, appeal in writing to the Minister. 24.-(1) . A registered farmer may, for the purpose of facilitating fanning activities, enter into a contract fanning with financier pyrethrum buyers, processor, investors or banker. (2) The contract farming entered into under subsection ( 1) shall be in the prescribed standard form and shall contain: (a) name, address and status of the registered farmer; (b) name, address and status of the financier; (c) obligations of the parties; (d) type or kind of facilitation to be granted to the farmer; (e) terms and conditions imposed on the fanner; and (f) such other information as may be necessary for the purpose of the contract fanning. Constru ction Cap.2St Amend mentof section 2 . Crops Laws (Miscellaneous Amendments) (3) Every contract farming entered into under this section shall be submitted to the Board for perusal and registration. (4) The Board shall monitor the implementation of contract farming in order to protect rights of both parties. (5) Any person being a financier, pyrethrum buyer, processor, investor or banker shall not facilitate a registered farmer in any manner without a contract of farming as required under this section. Power to make by laws (6) A person who contravenes this section commits an offence and shall be liable on conviction to a fine of not less than five million shillings or to imprisonment for a term of not less than six months but not more than two years or to both. 25. The local government authorities may in consultation with the Minister make, by-laws for the better carrying out of the shared functions agreed upon by stakeholders in the pyrethrum industry." PARTVllI AMENDMENT OF THE SUGAR INDUSTRY ACT 87. This Part shall be read as one with the Sugar Industry Act, hereinafter referred to as the "principal Act". 88. The principal Act is amended in section 2 by inserting in the appropriate alphabetical order the following new definitions: 50 No. 20 Constru­ ction Cap.251 Amend­ ment of section 2 · Crops Laws (Miscellaneous Amendments) 2009 Power to make by­ laws (3) Every contract farming entered into under this· section shall be submitted to the Board for perusal and registration. (4) The · Board shall monitor the implementation of contract farming in order to protect rights of both parties. (5) Any person being a financier, pyrethrum buyer, processor, investor or banker shall not facilitate a registered farmer in any manner without a contract of farming as required under. this section. (6) A person who contravenes this section commits an offence and shall be liable on conviction to a fine of not less than five million shillings or to imprisonment for a term of not less than six months but not more than two years orto both. · 25. The local government authorities may in consultation with the Minister make, by-laws for the better carrying out of the shared functions agreed upon by stakeholders in the pyrethrum industry." PARTVIll AMENDMENT OF THE SUGAR INDUSTRY ACT 87. This Part shall be read as one with ·the Sugar Industry Act, hereinafter referred to as the "principal Act". 88. The principal Act is amended in section 2 by inserting in the appropriate alphabetical order the following new definitions: Caps. 287 and .288 Crops Laws (Miscellaneous Amendments) ""contract farming" means farming under an agreement between sugarcane growers, farmers or producers on the one part and financiers such as sugarcane buyers, processors, investors or bankers on the other part; "Director General" means the Chief Executive Officer of the Sugar Board of Tanzania; "input" means planting materials, agrochemicals, fertilizers, farm implements and packaging materials; "local government authority" means a district authority, or an urban authority established under the Local Government (District Authorities) Act or the Local Government (Urban Authorities) Act; "regulatory function" means public function and includes quality control and licensing, data collection, analysis and dissemination, market information, enforcement of law and order, making and enforcing rules and regulations for proper production, processing, marketing, setting indicative prices, importation and storage of sugarcane and sugar inputs and products and all functions financed exclusively by the Government; "shared functions" means joint functions to be under taken by all sugar stakeholders as agreed from time to time and it includes research, extension, inputs supply, crop development training, promotion and promotion of fair trade and competition; "stakeholder" means a dealer in the cane and sugar industry and includes the Central Government, local Government authorities, cooperative societies, the Board, all private traders and any other person with a vested interest in the sugar industry; and "stakeholders meeting" means the meeting of all stakeholders to be held at least once a year to agree on the funding and implementation or otherwise of the shared functions and other matters of common interest to the stakeholders." No.20 Crops Laws (Miscellaneous Amendments) 2009 51 Caps. 287 and .288 ""contract farming " means farming under an agreement between sugarcane growers, farmers or producers on the one part and financiers such as sugarcane buyers, processors, investors or bankers on the other part; "Director General" means the Chief Executive Officer of the Sugar Board of Tanzania; "input" means planting materials, agrochemicals, fertilizers, farm implements and packaging materials; "local government authority" means a district authority, or an urban authority established under the Local Government (District Authorities) Act or the Local Government (Urban Authorities) Act ; "regulatory function" means public function and includes quality control and licensing, data collection, analysis and dissemination, market information, enforcement of law and order, making and enforcing rules and regulations for proper production, processing, marketing, setting indicative prices, importation and storage of sugarcane and sugar inputs and products and all functions financed exclusively by the Government; "shared functions" means joint functions to be under taken by all sugar stakeholders as agreed from time to time and it includes research, extension, inputs supply, crop development training, promotion and promotion of fair trade and competition; "stakeholder'' means a dealer in the cane and sugar industry and includes the Central Government, local Government authorities, cooperative societies, the Board, all private traders and any other person with a vested interest in the sugar industry; and "stakeholders meeting" means the meeting of all stakeholders to be held at least once a year to agree on the funding and implementation or otherwise of the shared functions and other matters of common interest to the stakeholders." Amend mentof section 4 Amend ment of section 6 (a) in subsection (1): (i) by deleting the opening phrase and substituting for it the following "(1) The Board shall carry out regulatory functions and such other activities necessary, advantageous or proper for the benefit of the sugar industry and shall include-" ; (ii) by deleting the word "forum" appearing under paragraph (1)and substituting for it the words" conducive environment; (iii) by adding immediately after paragraph "(s)" renamed the following new paragraph- . "(P) to promote diversification to bio-ethanol and co generation." (b) in subsection (2) by (i) deleting paragraph (d); and (ii) deleting the phrase "and regulations" appearing in paragraph (g); (c) deleting subsections (3) and (5); and (d) renumbering subsection (4) as subsection (3). 90. Section 6 of the principal Act is amended in subsection (6) by (a) deleting paragraphs (b) and (c); (b) deleting paragraph (d) and substituting for it the following "(d) any contributions by stakeholders including sugar manufacturers, cane growers, sugar importers and exporters;" 52 No. 20 Amend­ ment of section 4 Amend­ ment of section 6 Crops Laws (Miscellaneous Amendments) 2009 89. Section 4 of the principal Act is amended (a) in subsection (I): (i) by deleting the opening phrase and substituting for it the following "(I) The Board shall carry out regulatory functions and such other activities necessary, advantageous or proper for the benefit of the sugar industry and shall include-" ; (ii) by deleting the word "forum" appearing under paragraph (I) and substituting for it the words" conducive environment; (iii) by adding immediately after paragraph "(s)" renamed the following new paragraph- . "(p) to promote diversification to bio-ethanol and co generation." (b) in subsection (2) by (i) deleting paragraph ( d); and (ii) deleting the phrase "and regulations" appearing in paragraph (g); (c) deleting subsections (3) and (5); and (d) renumbering subsection (4) as subsection (3). 90. Section 6 of the principal Act is amended in subsection (6) by (a) deleting paragraphs (b) and (c); (b) deleting paragraph ( d) and substituting for it the following "( d) any contributions by stakeholders including sugar manufacturers, cane growers, sugar importers and exporters;" Amend mentof section 14 Amend ment of section 15 Amend mentof section 17 Amend ment of section 24 Amend ment of section 26 Repeal and replace ment section 27 Amend ment of section 28 Crops Laws (Miscellaneous Amendments) (c) naming paragraphs (d),(e), and (f) as paragraphs (b), (c) and (d), respectively. 91. Section 14 of the priricipal Act is amended in sub-section (2) by deleting the phrase 'l>ayment of a fee and upon". 92. The principal Act is amended in section 15 by deleting the phrase "payment of a fee and upon." 93. The principal Act is amended in section 17 by deleting paragraph (c) and substituting for it the foUowing "(c) issued subject to such terms and conditions as may be provided." (a) repealing paragraph (c); and (b) re-naming paragraphs (d) and (e) as paragraphs (c) and (d), respectively. 95. Section 26 of the principal Act is amended in subsection (3) by deleting the phrase "sugar manufacturers'and". 96. The principal Act is amended 'by· repealing section 27 and replacing for it the following: "Financing of shared functions" 27. For the purpose of fmancing shared functions, stakeholders may put in place a mechanism for the management and for the mode of contribution." No. 20 Amend­ ment of section 14 Amend­ ment of section 15 Amend ·. ment of section 24 ( l f.·•·· Amend­ , ment of r- section 26 Repeal and replace­ ment section 27 Amend­ ment of section 28 Crops Laws (Miscellaneous A111endments) 2009 53 (c) naming paragraphs (d),(e), and (f) as paragraphs (b), (c) and (d), respectively. 91. Section 14 of the principal Act is amended in sub-section (2) by deleting the phrase 'l)ayment of a fee and upon". 92. The principal Act is amended in section 15 by deleting the phrase "payment of a fee and upon." 93. The principal Act is amended in section 17 by deleting paragraph ( c) and substituting for it the following "( c) issued subject to such terms and conditions as may be provided." 94. The principal Act is amended in section 24 by­ ( a) repealing paragraph (c); and (b) re-naming paragraphs ( d) and ( e) as paragraphs (c) and (d), respectively. 95. Section 26 of the principal Act is amended in subsection (3) by deleting the phrase "sugar manufacturers·and". 96. The principal Act is amended by· repealing section 27 and replacing for it the following: "Financing of shared functions" 27. For the purpose of financing shared functions, stakeholders may put in place a mechanism for the management and for the mode of contribution." 97. The principal Act is amended in section 28 by Repeal of section 36 and 37 Addition of new sections 36,37,38 and 39 Crops Laws (Miscellaneous Amendments) (a) deleting the phrase "and the fund" wherever it appears in that section; (b) deleting subsection (3) and substituting for it the following "(3) The books of accounts of the Board shall be audited at the end of each financial year by the Controller and Auditor General." (c) deleting the phrase "auditor appointed under the provisions of subsection (3)" appearing in the first line of subsection (4) and substituting for it the phrase "Controller and Auditor General". 98. The principal Act is amended by repealing sections 36 and 37. 99. The principal Act is amended by adding immediately after section 35 the following new sections: "Appeals 36. Any person aggrieved by the·decision of the Board on matters which are regulatory in nature, may within sixty days after the date.of the decision, appeal in writing to the Minister". Contract farming 37.-(1) A registered farmer may, for the purpose of facilitating farming activities, enter into contract farming with financier, cane and sugar buyers, processor, investors or banker. (2) The contract farming entered into under subsection (1) shall be in the prescribed standard form and shall contain (a) names, address and status of the registered farmer; 54 No. 20 Repeal of section 36 and 37 Addition ofnew sections 36,37,38 and 39 Crops Laws (Miscellaneous Amendments) 2009 (a) deleting the phrase "and the fund" wherever it appears in that section; (b) deleting subsection (3) and substituting for it the following "(3) The books of accounts of the Board shall be audited at the end of each financial year by the Controller and Auditor General." ( c) deleting the phrase "auditor appointed under the provisions of subsection (3)" appearing in the first line of subsection (4) and substituting for it the phrase "Controller and Auditor General". 98. The principal Act is amended by repealing sections 36 and 37. 99. The principal Act is amended by adding immediately after section 35 the following new sections: "Appeals 36. Any person aggrieved by the decision of the Contract farming Board on matters which are regulatory in nature, may within sixty days after the date. of the decision, appeal in writing to the Minister". 37.-(1) A registered farmer may, for the purpose of facilitating fanning activities, enter into contract farming with financier, cane and sugar buyers, processor, investors or banker. (2) The contract farming entered into under subsection ( 1) shall be in the prescribed standard form and shall contain ( a) names, address and status of the registered farmer; Crops Laws (Miscellaneous Amendments) (b) name, address and status of the financier; (c) obligations of the parties; (d) type or kind of facilitation to be granted to the farmer; (e) terms and conditions imposed on the farmer; and (f) such other information as may be necessary for the purpose of the contract farming. (3) Every contract farming entered into under this section shall be submitted to the Board for perusal and registration. .. . (4) The Board shall monitor ~e implementation of contract farming in order to protect rights of both parties. (5) A person being a cane buyer, sugar buyer, processor, investor or banker shall not facilitate a registered farmer in any manner without a contract as required under this section. (6) A person who contravenes this section commits an offence and is liable on conviction to a fine of not less than five million shillings or to imprisonment for a term of not less than six months but not more than two years or to both. Stake holders meeting 38.-(1) For the purposes of promoting the development of the sugar industry, there shall be a stakeholder's forum which shall be responsible for-. (a) advising on mechanisms for the management and funding of the shared functions; (b) making procedures for conducting stakeholder's meetings; (c) determining modalities for financing its activities and meetings; and No.20 Crops Laws (Miscellaneous Amendments) 2009 55 Stake­ holders meeting (b) name, address and status of the financier; (c) obligations of the parties; ( d) type or kind of facilitation to be granted to the farmer; ( e) terms and conditions imposed on the farmer; and (t) such other information as may be necessary for the purpose of the contract farming. (3) Every contract farming entered into under this section shall be submitted to the Board for perusal and registration . . (4) The Board shall monitorJhe implementation of contract farming in order to protect rights of both parties. (5) A person being a cane buyer, sugar buyer, processor, investor or banker shall not facilitate a registered fanner in any manner without a contract as required under this section. ( 6) A person who contravenes this section commits an offence and is liable on conviction to a fine of not less than five million shillings or to imprisonment for a term of not less than six months but not more than two years or to both. 38.-(1) For the purposes of promoting the development of the sugar industry, there shall be a stakeholder's forum which shall be responsible for-. (a) advising on mechanisms for the management and funding of the shared functions; (b) making procedures for conducting stakeli~lder's meetings; ( c) determining modalities for financing its activities and meetings; and Crops Laws (Miscellaneous Amendments) (d) establishing stakeholders>secretariat and other organs for better carrying out the shared functions; and (e) discussion of the matters of common interests. (2) The stakeholders meeting shall be held at least once a year to agree on the funqing and implementation of the shared functions and other matters of common interest. Power to make by-laws 39. The local government authorities may in consultation with the Minister make by-laws for the better canying out of the shared functions agreed upon by stakeholders." Amend ment of First Schedule 100. Paragraph 1 of the First Schedule to the principal Act is amended in sub-paragraph (1) by deleting (a) the word "eight" appearing in subparagraph (I) and substituting for it the word "nine"; (b) the phrase "Tanzania Sugar Producers' Association" appearing in paragraph (c) and substituting for it the phrase "recommended by apex organization of sugar processors"; (c) the phrase "Tanzania Sugarcane Growers' Association" appearing in paragraph (d) and substituting for it the phrase "recommended by apex organization of sugar cane growers"; and (d) the word "one" appearing in subparagraph (t) and substituting for it the word "two". 56 No.20 Amend­ ment of First Schedule Crops lAws (Miseel[fmeous Amendments) 2009 Power to make by-laws (d) establishing stakeholders' secretariat and other organs for better carrying out the shared functions; and (e) discussion of the matters of common interests. (2) The stakeholders meeting shall be held at least once a year to agree on the funqing and implementation of the shared functions and other matters of common interest. 39. The local government authorities may in consultation with the Minister make by-laws for the better canying out of the shared functions agreed upon by stakeholders." 100. Paragraph 1 of the First Schedule to the principal Act is amended in sub-paragraph ( 1) by deleting ( a) the word "eight'' appearing in subparagraph (1) and substituting for it the word "nine"; (b) the phrase "Tanzania Sugar Producers' Association" appearing in paragraph (c) and substituting for it the phrase "recommended by apex organization of sugar processors"; (c) the phrase ''Tanzania Sugarcane Growers' Association" appearing in paragraph ( d) and substituting for it the phrase "recommended by apex organiution of sugar cane growers"; and (d) the word "one" appearing in subparagraph (t) and substituting for it the word "two". Clerk of the National Assembly