Agricultural Chemists Act

THE AGRICULTURAL CHEMISTS ACT 1979 Act 20/1979 Date in Force: 1ih November 1979 ARRANGEMENT OF SECTIONS Section 1. Short title. 2. Interpretation. 3. Committee. 4. Meetings of the Committee. 5. Register of Agricultural Chemists. 6. Persons entitled to registration. 7. Title of registered Agricultural Chemists. 8. Regulations. 9. Offences. 10. Repeal. 1. Short title. This Act may be cited as the Agricultural Chemists Act 1979. 2. Interpretation. In this Act "approved laboratory" means a laboratory which is registered under section 7B; "Committee" means the Committee set up under section 3; "Minister'' means the Minister to whom responsibility for the subject of agriculture is assigned; "Permanent Secretary" means the Permanent Secretary of the Ministry responsible for the subject of Agriculture; "recognised university or institution" means a university or institution recognized by the National Accreditation and Equivalence Council; "register" means the register of the names of all registered Agricultural Chemists kept pursuant to section 5. Amended by [Act No. 7 of 1999] 3. Committee. (1) There is established for the purposes of this Act a Committee. (2) The Committee shall exercise such powers and perform such duties as are conferred or imposed upon it by this Act and regulations made thereunder. (3) The Committee shall consist of (a) the Chief Agricultural Officer or, in his absence, any officer of the Ministry responsible for the subject of agriculture appointed by the Minister, as Chairman; (b) the General Manager of the Cane Planters and Millers Arbitration and Control Board; (c) the officer in charge of the Agricultural Chemistry Division of the Ministry responsible for the subject of agriculture; (d) 2 representatives of the Food and Agricultural Research Council, one of whom shall be from the Agricultural Research and Extension Unit; (e) a representative of the Mauritius Sugar Industry Research Institute; (f) a representative of the University of Mauritius; and (g) a representative of the Societe de Technologie Agricole et Sucriere de Maurice. (4) The members specified in subsection (3) (d), (e), (f) and (g) shall be appointed by the Minister on such terms and conditions as he thinks fit. Amended by [Act No. 7 of 1999] 4. Meetings of the Committee. (1) The Committee shall meet as often as required and at such time and place as the Chairman may appoint. (2) The Chairman shall preside at all meetings of the Committee and, in his absence from a meeting, the members present shall elect from among themselves a member to preside at that meeting and the member so elected shall, n relation to that meeting, exercise the functions and have all the powers of the Chairman. (3) Four members including the Chairman, shall constitute a quorum. (4) Everything authorised or required to be done by that Committee shall be decided by a simple majority of the members present and voting. (5) At any meeting of the Committee, each member shall have one vote on the matter in question and, in the event of an equality of votes, the person presiding shall have a casting vote. (6) Subject to the other provisions of this section, the Committee shall regulate its proceedings n such manner as it thinks fit. Amended by [Act No. 7 of 1999] 5. Register of Agricultural Chemists. (1) The Permanent Secretary shall keep a register in which he shall enter the names of all registered agricultural chemists. (2) Where the Committee is satisfied that the name of any person has been wrongly inserted in the register mentioned in subsection (1 ), it shall cause that name to be struck off. Amended by [Act No. 7 of 1999] 6. Registration of agricultural chemists (1) Subject to subsection (4), every person who (a) (i) holds from a recognised university or institution a degree or diploma in natural or agricultural science with chemistry or agricultural chemistry as the main subject or one of the main subjects in which he has qualified at the final examination for such degree or diploma; and (ii) has worked for a minimum of one year in an approved laboratory under the supervision of a registered agricultural chemist; or (b) holds the Licentiateship, Membership or Fellowship, of the Royal Society of Chemistry, may apply to the Committee for, registration as an agricultural chemist. (2) Where the Committee (a) grants an application under subsection (1 ), the applicant shall, on payment of the prescribed fee, be registered as an agricultural chemist; (b) refuses an application under subsection (1 ), it shall notify the applicant of the refusal and of the reasons for the refusal. (3) A registration under subsection (3) (a) shall be valid for a period of 5 years and may, with the approval of the Committee and on payment of the prescribed f6e, be renewed for further periods of 5 years. Amended by [Act No. 7 of 1999] 7. Title of registered Agricultural Chemists. (1) A registered Agricultural Chemist may add after his name the words "Agricultural Chemist, registered in Mauritius" or "A.C.R. Mauritius." (2) No person shall, unless he is a registered Agricultural Chemist, add after his name the words "Agricultural Chemist, registered in Mauritius" or "A.C.R. Mauritius." 7 A. Register of approved laboratories The Permanent Secretary shall keep a register in which he shall enter a list of all approved laboratories. Added by [Act No. 7 of 1999] 7B. Registration of approved laboratories (1) Any person who wishes to register a laboratory as an approved laboratory shall make an application in writing to the Committee. (2) On receipt of an application under subsection (1 ), the Committee may grant the application where, in its opinion, the laboratory has the necessary facilities for the analysis of (a) agricultural products and by-products; and (b) substances used in agriculture or in any industry dealing with agricultural products. (3) Where the Committee (a) grants an application under subsection (2), it shall issue to the applicant, on payment of the prescribed fee, a certificate in the prescribed form; (b) refuses an application under subsection (1 ), it shall notify the applicant of the refusal and of the reasons for the refusal. (3) A certificate granted under subsection (2)(a) shall be valid for a period of one year and may, with the approval of the Committee and on payment of the prescribed fee, be renewed for further periods of one year. Added by [Act No. 7 of 1999] 8. Regulations. (1) The Minister may make such regulations as he thinks fit for the purposes of this Act. (2) Regulations made under subsection (1) may provide (a) for the fees payable for the registration, and renewal of registration, of an agricultural chemist; (b) for the fees payable for a certificate, or the renewal of a certificate, of registration as an approved laboratory. Amended by [Act No. 7 of 1999] 9. Offences. (1) Any person who, not being a registered agricultural chemist, makes any analysis of (a) any agricultural product or by-product; or (b) any substance used in agriculture or in any industry dealing with agricultural products, shall commit an offence. (2) Any registered agricultural chemist who makes any analysis of any product or substance specified in subsection (1) otherwise than in an approved laboratory, shall commit an offence. (2) Regulations made under subsection (1) may provide for the fees payable for registration as an Agricultural Chemist. 9. Offences. Any person who contravenes the provisions of this Act or of any regulations made under this Act, shall commit an offence and shall, on conviction, be liable to a fine not exceeding five hundred rupees and to imprisonment not exceeding six months. 10. Repeal. The following enactments are repealed ( a) The Agricultural Chemists Ordinance, 1944. (b) The Registration of Agricultural Chemists Regulations, 1944. * D&R-Act No. 7 of 1999