Cotton Regulations, 1995 (G.N. No. 536 of 1995)

Cotton Regulations GOVERNMENT I~OTICE No. 536 published on 29/9/95 THE TANZANIA COTTON MARKETING BOARD ACT,IIM:f (No. 19 OF 1984) REIGULATIONS Made under section 37 THE COTTON REGULATIONS. 1995 PART I COTION CULTTYATTON 1. These Regulations may be cited as the Cotton Regulations, 1995. 2.-(1) No grower of cotton shall) grow cotton except from dressed cotton seed approved in accordance with the provisions of these Regu lations. (2) Any cotton seed reserved pursuant to the provisions of regulation 4 shall become the property of the Commissioner of Agriculture in the Ministry of Agriculture (hereinafter t.o be refered to as 'the Commis sioner') from the date of the notice to reserve the same. 995 Restric tion on growing cotton by growers Cotton Regulations G.N. No. 536 (contd.) Restric tion on importa tion of cotton seed Reserve tion of cotton seed Disposal of seed for planting Provision of Cotton Insec ticides Pests and deseases 3.-(1) No person shall import cotton seed into the country without a permit in writing issued by the Commissioner. (2) Any person who contravenes the provisions of this regulation shall be guilty of an offence, and shall, on conviction be liable to a fine not exceeding shillings one hundred thousand or to imprisonment for a term not exceeding six months or to both such fine and imprisonment. 4.-(1) The Board shall cause to be reserved such quantity and quality of cotton seed and shall hold such cotton seed to the order of the Commissioner. (2) Every cotton buyer shall pay a fee as shall be prescribed by the Board from time to time for every kilogramme of seed cotton purchased over and above the price offered to be used for cotton seed for planting. 5. All cotton seed reserved pursuant to the provisions of regulation 4 shall be bagged, transported, delivered, stored and supplied to growers in the prescribed manner. Any person who contravenes the provisions of this regulation shall be guilty of an offence, and shall, on conviction be liable to a fine not exceeding shillings one hundred thousand or imprisonment for a term not exceeding six months or to both such fine and imprisonment. 6. The Board shall make available or cause to be made available such quantity of insecticides required by the cotton farmers to the order of the Commissioner. (a) Every cotton buyer shall pay an amount of money to be prescribed by the Board from time to time every kilogramme of seed cotton purchased over and above the price offered to be used for provi sion of inputs. (b) Every farmer shall be required to pay one third of the value of insecticides for every litre of insecticides taken and be added the input fund. Any person who contravenes the provisions of this regulation shall be guilty of an offence, and shall, on conviction be liable to a fine not exceeding shillings one hundred thousand or imprisonment for a term not exceeding six months or to both such fine and imprisonment. 7.--(1) The Commissiner may, if he considers it necessary for the purpose of preventing the outbreak or spread of any cotton insect pest or disease, by order under his hand, declare any area to be a cotton quarantined area and may in any such order. (a) prohibit or regulate the sowing in such area of cotton seed or any other crop specified in the order known to harbour insect pests or diseases of cotton. 996 Commis ~ioner may order uproot ing, burn ing etc. of cotton Cotton Regulations o.s. No. 536 (contd.) 'b) prohibit the removal from such area without a permit in wriiiug issued by the Commissioner of any seed cotton or cotton seed or any article which has contained any seedcotton or cotton seed or any article which in his opinion is likely to harbour insect pests or diseases of cotton. (2) The Commissioner or the Senior Agricultural Officer, may by notice in writing require any person within the-time specified in 'such notice to remove to any place or to destroy any seed cotton, cotton seed or cotton refuse in his possession or control in such cotton quarantined area, and where any such person fails to comply with any such notice the commissioner may, on giving not less than seven days notice in writing of his intention so to do, cause such removal or destruction to be effected and thereupon such person shall, without prejudice to any penalty which he may have incurred by reason of such failure, be liable to pay all the costs of such undertaking which shall be recoverable as a debt due to the Government. (3) If any person contravenes or fails to comply with any provision of any order or notice made or issued under this regulation shall be guilty of an offence and shall be liable on conviction to a fine not exceed ing shillings one hundred thousand or to six months imprisonment or to both such fine and imprisonment. 8.-(1) The Commissioner may, by order under his hand, for the purpose of preventing or controlling the occurence or spread of any insect pest, disease of cotton within any area specified in such order: (a) require that within such area (i) all or any cotton plants, cotton residue or any plant specified in the order, shall be uprooted and burned by any person possessing or having control over the same; (ii) all or any seed cotton, cotton seed or cotton refuse shall be burnt; (b) require any grower within such area forthwith to harvest such of his seed cotton as, in the opinion of the Commissioner, 'is ready for harvesting; (c) prohibit any person within such area from planting any cotton seed or cotton plant before a date specified in the order. (2) Any person who contravenes or fails to comply with a~y of the provisions of any order made unde~ paragraph (1) shall be ~UIlty.o~ an offence and shall, on conviction be liable to a fine not exceedmg shillings one hundred thousand or to six months imprisonment. (3) Where any person fails to comply with the provisions of any order made under paragraph (1) of this regulation, the Commissioner or Senior Agricultural Officer may, on giving not less than seven days' notice in writing of his intention so to do cause such action to be taken as may be necessary to comply with such order and thereupon such person shall, 997 Cotton Regulations U.N. No. 53f1 (contd. j without prejudice to any penalty which he may have incurred by reason of such failure. be liable to pay all the costs of such undertaking which costs shall be recoverable as a debt due to the Government. Grower to grade seed cot Ion before sale Board may de termine the grade of cotton Mixing of unrncr chantuble cotton with cot ton Mixing of cotton prohi bited Restric tion on huying cotton Cotton buying li cences PART II GRADING 9. Every grower shall grade all seed cotton intended for sale into Grade A cotton or Grade B cotton before any such cotton issold by him. 10. The Board may. by order, determine which grades of seed cotton' may be sold or bought in any specified area during a specified period. 11. If any person sells or buys any seed cotton except in accordance with the provisions of such order, or being a grower sells any seed cotton without first grading the same, shall be guilty of an offence and shall, on conviction be liable to a fine not exceeding shillings one 'hundred thousand or imprisonment for a term not exceeding six months or to both such fine and imprisonment. 12.-(1) The mixing of various grades of seed cotton is prohibited. (2) Any person who contravenes the provisions of this regulation shall be guilty of an offence and shall, on conviction be liable to a fine not exceeding shillings one hundred thousand or imprisonment for a term not exceeding six months or to both such fine and imprisonment. PART III BUYING OF COlTON 13.-(1) No person other than a holder of a seed cotton buying licence shall buy any seed cotton. (2) Every seed eotton buyer shall buy seed cotton at a cotton buying post or posts specified in the licence. (3) Any person who contravenes any of the provisions of this regula tion shall be guilty of an offence. 14. The Board shall, on application issue to the applicant a seed cotton buying licence in the prescribed form which shall entitle the applicant to buy seed cotton. No cotton buying licence shall be issued unless it is certified by the Board that the buying posts concerned have been inspected by the Board or its agent and passed for buying of seed cotton for that season. 998 Cotton Regulations G.N. No. 536 (contd.) 15. Notwithstanding the provisions of regulation 17, the Minister may Kestric after consultation with the Board and by notice in the Gazette, specify tion on h b . I' . issue ofan area or areas were a cotton uying icence may not be issued to any cotton person other than the person who may be specified. buying li cences 16.-(1) A seed cotton buying licence shall not be assignable/transfer able. (2) A seed cotton buyer shall produce his cotton buying licence at all reasonable times upon request of the Commissioner or a Cotton Inspec tor or a Police Officer. If any cotton buyer fails without reasonable cause to produce his licence whenso requested he shall be guilty of an offence. 17.-(1) No person shall erect or operate a cotton store for the pur poses of storing seed cotton without the permission in writing of the Board. (2) Any person who contravenes the provisions of this regulation shall be guilty of an offence and shall, on conviction be liable to a fine not exceeding shillings one hundred thousand orimprisonment for a term not exceeding six months or to both such fine and imprisonment. 18. The Commissioner may, by notice, order any premises or place to be a cotton buying post and may in such order declare such place to be either a temporary cotton buying post or a permanent cotton buying post. 19.-(1) No person shall sell any seed cotton except at a cotton buying post. (2) Any person who contravenes the provisions of this regulation shall be guilty of an offence and shall, on conviction be liable to a fine not exceeding slrillings one hundred thousand or imprisonment for a term not exceeding six months or to both such fine and imprisonment. 20.-(1) All Traders in the cotton industry shall be guided in their dealings in respect of prices, quality by prevailing international marketing information. (2) The Board may, by order: (a) fix a date in each year prior to which no seed coton shall be bought in any specified area; (b) declare the unit of weight to be used for the purpose of weighing seed cotton in any specified area; (c) fix a date in each year after which no seed cotton shall be bought in any specified area; (d) fix hours and days on which the premises of cotton buyers shall be kept open for the purpose of conducting business. 999 Provision relating to cotton buying li cences Cotton stores Cotton buying posts Place where cot ton may be sold Intema-. tional Market ing Infor mation Condi tions to be observed by cotton buyers Cotton Regulations G.N. No. 536 (contd.) Any person who contravenes the provisions of this regulation shall be guilty of an offence, and shall, on conviction be liable to a fine not exceeding shillings one hundred thousand or imprisonment for a term not exceeding six months or to both such fine and imprisonment. 21.--(1) Every cotton buyer shall: (a) at all times when his premises are open for business, display in Kiswahili and English in conspicuous character the prices offered by him per unit weight of each grade of seed cotton; (b) display standard grade sample box issued by the Board at the beginning of every buying season. (c) keep and render such accounts of his dealings in seed cotton as may be directed. (d) display a weighing scaleproperlg inspected and approved by the Weights and Measurements Department of the Ministry of Trade and Industries. inspec tion of premises and re cords (e) store all seed cotton in his possession in a cotton store at one or any of the cotton buying posts at which he is licenced to buy or in such storage premises as the Board may require and deliver seed cotton directly from the buying post to ginneries designated for the area, unless directed otherwise by the Board. (f) buy all seed cotton offered to him at the prices exhibited; (g) keep all Grade A cotton separate from Grade B cotton; and (h) ensure that all cotton purchased by him is correctly graded. (2) No cotton buyer shall: (a) buy seed cotton at a price less than the price exhibited; (b) buy seed cotton unless the entire consideration for the purchase is paid in cash at the time and place of delivery; (c) by seed cotton without issuing produce receipts to the farmers in respect of all cotton purchased. (3) Any cotton buyer who contraves or fails to comply with any of the provisions of this Regulation shall be guilty of an offence, and shall, on conviction be liable to a fine not exceeding shillings one hundred thousand or imprisonment for a term not exceedi-g six months or to both such fine and imprisonment. 22.-(1) The Commissioner or a Cotton Inspector or any Police Offi cer. (a) enter upon any premises of ootton buyers for the purpose of inspecting the same and any seed cotton and scales thereon; (b) inspect and make copies of entries in any books of account or other records required to be kept. 1000 Cotten Regulations G.~. No. 536 (contd.) (2) Any person who obstructs any officer lawfully performing his duties under this regulation or refuses such officer permission to exercise such power, or fails to co-operate with such officer in the exercise by such officer's duties shall be guilty of an offence. PART IV GINNING AND BALING 23.-(1) No person shall erect or operate a ginnery save with a permit •in the prescribed form issued by the Commissioner in accordance with such conditions as he may therein specify or as may be prescribed. All applications for erection of ginneries to the Commissioner shall be made through the Board. (2) The Commissioner may at his discretion by order limit the number of ginneries which may operate in any area and may define the area or specify the cotton buying posts which shall be served by any ginnery or ginneries. (3) No person shall operate a ginnery unless it has been duly inspected and approved by the Board. (4) Any person who contravenes any provision of this regulation or of any other made under paragraph (2) shall be guilty of an offence. 24.-(1) No person shall gin seed cotton or bale cotton lint unless he is the holder of a valid ginning licence issued by the Board in the pr-e scribed form. (2) A Ginning Licence shall, unless revoked or suspended, remain in force until the thirty-first day of March following the date of issue of such licence. (3) A ginner shall draw samples of-not less than 10% for each lot of 100 bales to wit, one sample from the first 10 bales and each sample from subsequent sub lots of 10 bales. (4) Any person who contravenes any of the provisions of paragraph (1) shall be guilty of an offence and shall, on conviction be liable to a fine not exceeding shillings one hundred thousand or imprisonment f()T a term not exceeding six months or to both such fine and imprisonment. PART V CENTRALISED LINT SELUNG FOR EXPORT 25.-(a) All cotton lint for export shall be sold through Central Tender Committee to be comprised of owners of lint. The Board shall be the Coordinator of the auction/tender committee provided that where cir cumstances allow, owners of cotton lint may be permitted by the Board to be exempted from the requirements of above clause for specific con tracts. 1001 No person to erect a ginnery without a permit Ginnery Licences Cotton Regulations G.N. No. 536 (contd.) Any. person who contravenes the provisions of this regulation shall be guilty of an offence, and shall, on conviction be liable to a fine not exceeding shillings one million or imprisonment for a term not exceeding two years or to both such fine and imprisonment. In addition, the Board may exercise its powers to cancel or suspend the licence of such person. (b) In consultation with lint owners and loca] textile mills, the Board will determine the quantity of cotton lint required for local consumption to be sold on commercial basis. PART VI Nd cotton lint export without permit Levy on cotton lint for export Pre scribed Forms Penalty for of fences G.N. No. 462 of 1986 EXPORT PERMIT 26. No exporter shall export cotton lint or cotton seed withoutaxalid export permit issued by the Board. PART VII LEVY ON COTTON LINT FOR EXPORT 27. Buyers of cotton lint for export market shall pay a levy of 1·2% of FOB value to the Board. PART VIII 28. Conditions and Regulations set forth in prescribed forms attached in the schedule herein shall be read together with these Regulations. 29. Any person guilty of an offence under the~e regulations other than offences faIling under part V herein shall be 'liable to a fin,e not exceeding shillings one hundred thousand or imprisonment for a term not exceeding two years or to both such fine and imprisonment, and in addition to any such penalty the court may, where the offence committed relates to any quantity of seed cotton, cotton lint or cotton seed, or any product thereof, order the-same to be forfeited to the Board. 30. The Cotton Regulations, 1985 are hereby repealed. 1002 Cotton Regulations G.N. No. 536 (contd.) SCHEDULE TANZANIA COlTON LINT AND SEED BOARD P.O. BOX 17. MOROGORD. TANZANIA To: Zonal Manager FORM NO. I APPUCATION FOR SEED COlTON BUYING LICENCE (made under S~.ions 5(2)(a) and 5(2)(b) of the Tanzania Cotton Marketing Board Act. Act No. 19 of 1984 as amended by the Crop Boards (Miscellaneous Amendments) Act. Act No. II of 1993) 1. Particularsof Applicant: I!We - < ------------- of P.O. Box and holders of Business Licence No. (attached) issued at wish to apply tor Seed Cotton Buying Licence for the 2. Areas if Operation: I1We.tend to operate in the following buying posts: season. total in number The estirnted total volume of the crop I!We expect to buy is about kgspf seed cotton. 3. Filll1cial Arrangemcnts: I1le confirm that I/We will have no problems with financing and same can he confirmed t my bankers 4. 'roducer Price: of P.O. Box My/Our proposed price for GRADE A will be GRADE B will be per kilo and per kilo. to use their/his Ginning Arrangement: I!We also confirm that I!We have my/our own Ginnery (Name) I!We have ginning contract with M/S ginnery (Name)- 6.. A.pplication Fee: I!We enclose a cheque/cash for T.Shs. 20.000/- being application fee for the Buying Licence which is non refundable. 1003 Cotton Regulations o.s. No. 536 (contd.) 7. Declaration: l!We hereby declare that l!We shall abide by the regulations governing the purchase of seed cotton as issued and as will be directed by the Board from time to time. Signature Date: Capacity Offical Stamp NOTE: See orocedure to be followed overleaf. PROCEDURE TO BE FOLLOWED BY APPLICANTS FOR SEE[ COTTON BUYING LICENCE The Applicant must do the following: (a) visit the area where he intends to buy colton. (b) register with the Regional Development Director of the respective aru and abide by directions of such Director. (c) visit and obtain confirmation from a ginnery that the seed colton pUH13sed shall be ginned at that designated ginnery. QUALIFICATIONS FOR OBTAINING SEED COTTON BUYING LlCNCE (a) The applicant should be in possession of a valid trading licence. (b) The applicant must show financial ability with the support of a reputable ank or financial institution. (c) The application should be supported by certification by the Board or its ager that the intended buying posts have been inspected and passed for cotton bUYJg for that season. (d) Upon submission of the application form, the applicant shall pay shillings tl:nty thousand (Shs. 20,000/-). (e) The successful applicants will be required to pay shillings twenty thousand nly (T.Shs. 20,0(0) Licence Fee per Buying Post. 1004 Cotton Regulalio~ G,N. No. 536 (contd.) TANZANIA COTTON LINT AND SEED BOARD (ESTABLISHED UNDER TANZANIA COTTON MARKETING BOARD ACT NO. 19 OF 19X4 AS AMENDED BY ACT NO. II OF 1993) SEED COTroN BUYING LICENCE (ISSUED UNDER SECTION 5(2)(a) OF ACT NO. 19 of 19X4 AS AMENDEO BY ACT NO. II OF 1993) .. purchased shall be ginned at------· during -----~ Licence is hereby granted to MIs of P.O. Box to buy seed cotton season, ending 31st March, 19 at -----.-----~------ buying post ZOne--------District--------Region and the cotton so Ginnery. Issued at--------this~ay of------ 19 FEES SHS.-------.RECEIPT NO.-r-. GENERAL MANAGER TANZANIA COTTON LINT AND SEED BOARD P.O. BOX 9161, DAR ES SALAAM NOTE: This licence is issued subject to Colton Regulations shovn overleaf. 1005 Cotton Regulations G.N. No. 536 (contd.) REGULATIONS TO BE OBSERVED BY COTTON BUYERS (a) Licencees shall to pay shillings twelve (Shs . .12.(0) for every kilogram me of seed colton purchased over and above the price offered to be used for colton seed for planting. research and insecticides. (b) All buyers of seed colton shall issue produce receipts to farmers for colton purch ased. (c) Every buyer shall purchase seed colton in two grades. that is. Grade A and Grade B. simultaneously. (d) Every buyer shall display in an easily accessible place in conspicuous manner the following: (i) Standard grade sample box issued by the Board at the beginning of every buying season. (ii) Producer price to be offered for each grade. (iii) Weighing scale properly inspected and passed by Weights and measure De partment of Ministry of Trade and Industries. (iv) Buying Licence issued by the Board. (e) Every buyer of seed corton must purchase seed cotton from a designated buying post only. (I") Every buyer must use jute. cotton or any other material that will be recommended by the Board to pack seed cotton at designated buying post. (g) Where buyers operate in a permanent buying post. they should ensure that> (i) All grass within five metres of the seed colton store is removed. (ii) All calion refuse is burnt. (iii) Stores are properly repaired. cleaned and fumigated bofcre the beginning of the season. (iv) Floor should be well surfaced. (h) Grade A cotton shall be kept separate from Grade B. (i) Seed cotton from disease infected areas be kept separate from that from non-infected areas. The Board shall at the beginning of the season issue a list of disease infected and non-infected areas to all cotton buyers. (j) The Board shall have power to inspect any buying post at any time without notice. to ensure compliance with these regulations. 1006 Cotton Regulations G.N. No. 536 (contd.} (k) Buyers of seed cotton shall also abide by regulations issued by Councils and Reg ional Development Committees. (I) Buyers shall produce standard weekly reports to the Board showing: (i) Weekly purchases and deliveries of seed cotton by grade for every buying post. (ii) Producer price offered for each grade. (m) Buyers shall deliver seed cotton directly from buying post to ginneries designated for the area, unless instructed otherwise by the Board in writing. (n) The buyer shall be instructed by the Board to reserve certain amount of seed for planting to be available within specified time. (0) The Board may exercise its powers under Section 10(2) of the Tanzania Cotton Marketing Board Act, No. 19 of 1984 as amended by Act No. 11 of 19S'3 to cancel or suspend a licence if the Licencee fails to comply with terms and condinens of his Licence. (p) In addition, any person who contravenes anyone of these Regulations shall I'le guilty of an offence and shall on conviction be liable to a fine .not exceeding shillings. one hundred thousand (shs. 100,000/-) or imprisonment for a term not exceeding two years (2 years). (q) A person aggrieved by the decision of the Board cancelling or suspending his licence may appeal to the Minister. 1007 Cotton Regulations G.N. No. 536 tcontd.) TANZANIA COTTON LINT AND SEED BOARD P.O. BOX 61. MWANZA TANZANIA To: Zonal Manager APPLICATION FOR COTTON GINNING LICENCE FORM No.2 I. Particulars of Applicant: I/We:--------<of P.O. Box ---------(owner/lcaser of Ginnery with RegistrationNo. situated at--------in Distriet---------Region. 2. Type of Ginnerv "Ginnery has-------- single/double roller/saw gins installed. For the ---------sseason I/We intend to operate gins. 3. Declaration I/We hereby declare that the ginnery has been duly inspected and passed by the Board's Ginnery Inspectors as per the attached Ginnery Inspection Report No. dated I/We also declare that I/We shall abide by the regulations and conditions governing the ginning of colton as issued and as will be directed by the Board from time to time. Signature Date: Note: See conditions overleaf. /(K)8 Capacity Official Stump Cotton ~egulations G.N. 536 (eontd.) Ci;,ONDmONS FOR OBTAlNINe A (JINNING UCENCE (a) .-\11 applicant must own a ginnery or must have hiredlleased one from a ginnery owner. Proof of hiringlleasing must be shown. (b) The ~nnery concerned must have been inspected and approved by the Board's Ginnery IJ1lPectors. (c) It is the responsibility of the ginner to cause the Inspectors from the Board to inspect and certify the ginnery for issuance of a ginning licence. No ginner shall operate a ginnery without a valid ginning licence forthe respective season. (d) A ginning licence will be issued at a fee of US Dollars two thousand (US$ 2,000) or its equivalent. (e) Holders of ginning licence shall be hound to observe the rules and regulations governing the operation of ginnery. (f) Cotton lint buyers shall pay a levy ~f 1.3% of ex-ginnery price to the Board to finance regulatory functions of the Board and cotton research. (g) The ginning licence issued shall be valid from the 1st June instant to 31st March following year. subject to extension in writing being granted by the Board. 1009 Cotton Regulations o.s. No. 536 (contd.) TANZANIA COTTON LINT AND SEED BOARD GINNING LICENCE NO. GU' (Issued under Section S(2)(a) of Act No. 190f1984 as amended by Act No. 11of 1993) Licence is hereby granted to MIs of P.O. Box: to gin and bale cotton during season, ending 31st March, 19 at the Ginnery (Registration No.) situated at--------in ----------,District,,--------- Region by means of single/double roller/saw gins and press providing bales weighing between 181 and 200 kilograms net" Issued at ---------- th1s- --------<day of------l9 FEES SHS. -----RECEIPTNO.----~ REMARKS: GENERAL MANAGER TANZANIA COTTON LINT AND SEED BOARD P.O. BOX 9161, DAR ES SALAAM This licence is issued subject to regulations shown overleaf. REGULATIONS TO COTTON GINNERS (a) The ginner shall obtain and display a valid ginning licence issued by the Board. (b) The ginner shall maintain and work the ginnery in a proper and workman like manner and in such a way as to maintain cotton quality standards.• (c) The ginner shall ensure that all raw cotton delivered to the ginnery is correctly graded and shall keep all Grade A cotton and the lint therefrom and all Grade B cotton and the lint therefrom separate from the other. (d) The ginner shall separate disease infected cotton from non-infected cotton. (e) The ginner shall keep raw coton, cotton seed and cotton lint which may be salvaged from damage by fire or water, separate from other raw cotton, cotton seed and cotton lint and shall gin the raw cotton'and bale the cotton lint in accordance with conditions of the licence. (f) The ginner shall produce weekly reports to the Board on seed cotton received by grade and from different buying posts, bales produced, bales sold, cotton seed produced, cotton seed reserved for planting, dusted and seed distributed and bales delivered to owners. 1010 Cotton Regulations G.N. No. 536 (contd.} (g) The ginner shall produce annual reports to the Board in the prescribed Cmm. (h) The ginner is prohibited from buying and/or ginning improperly graded cotton. (i) The ginner shall ensure that lint bales are laballed with lot numbers as issued by the Board. (j) The ginner shall en~ure that lint bales are stored in proper condition. (k) The ginner shall deliver samples to the Board within one week after drawing the relevant samples. Upon receipt of the samples the Board shall classify them and lBSue a report. Copy of the classification report shall be made available to the owner. (I) The ginner shall ensure that all baies produced are properly weighed and the same is clearly indicated lin bale specification forms. (m) The Board may exercise its powers under Section 10(2) of the Tanzania Cotton Marketing Board Act No. 19 of 1984 as amended from time to time to cancel or suspend a licence if-the Iicencee fails to comply with terms-and conditions,of the licence. (n) In addition, any person who contravenes anyone of the regulations shall be guilty of an offence and shall on conviction be liable to a fine not exceeding shillings one hundred thousand (Shs. 100,000/-) or imprisonment for a term not exceeding two years (2 years). (0) A person aggrieved by the decision of the Board cancelling or suspending his licence may appeal to the Minister. (p) The ginner shall gin non-infected 'Cotton seperate from infected cotton. (q) Every ginner shall ensure that all non-infected seed cotton is-ginned first and that no infected cotton is ginned before requirement of seeds for planting as determined by the Board is satisfied. (r) All seeds from seed cotton purchased at ginnery gate shall not be used for planting purposes except for seed cotton bought by a ginner originating from disease free areas and where there are no variety differences., (5) It is prohibited for any body to buy cotton lint without a valid lint dealers licence issued by the Board. Dealers licence shall be issued on payment of US $ 2\000 per annum or its equivalent. 1011 Cotton Regulations G.N. No. 536 (contd.) TANZANIA COTION LINT AND SEED BOARD P;(); BOX 9161, DAR ss SALAAM TANZANIA To: General Manager APPLICATION FOR LINT EXPORT LICENCE FORM NO. 3 19---. (made under Sectio~ 5(2)(a) and 5(2)(b) of the TlVlZllnia Cotton Marketing Board Act, Act No. 19 of 1984as amended by the Cro~Boards (MiscellaneousAmendments) Act, Act No. 11 of 1993) 1. Particulars of Applicant: Name of Applicant ---------------- Address Trading Licence No. of Bankers full name and address: IIWe of P.O. Box: and holder of Business Licence No. (aatached) issued at .-- hereby apply for a Cotton Lint Export Licence for the season. 2. Type of Lint Exporters (Tick whichever is applicable): 2:1 Licenced seed cotton buyer, Licence No. (copy attached) 2:2 Agent of Licenced Seed Cotton Buyer (copy of Agency Agreement attached). 2:3 Cotton Merchant (evidence of source of supply and business Licence attached). 3. Financial Arrangements: IIWeconfirmthat 'Newill have no problems withfinancing and same can be confirmed by my/our bankers of P.O. Box. 4. Application Fee: IIWe enclose a payment of US$ 100or T.Shs. being application fee for the Lint Export Licence which is non refundable. 5. Declaration: IIWe hereby declare that IIWe shall abide by the regulations governing the Cotton Lint Export as issued and as will be issQlld by the Minister for Agriculture from time to time and satisfy conditions for lint exporters shown overleaf. SignfllUT(: Official Stamp: Date: 1012 Cotton Regulations G.N. No. 536 (contd.) CONDmONS FOR LINT EXPORTERS (a) The exporter shaD show financial ability endorsed by a reputable BafttIFinanciai Institution. (b) The exporter shaD pay a non-rczfundable application fee of US S 100. (c) Successful applicalllts shall be issued With export licence payment of US S 2,000 per annum or its equivalent. (d) No exporter shaD export cotton lint without valid export permit issued by the Board for every consignment. (e) CONDmONS FOR ISSUANCE OF EXPORT PERMrPS 1. Lint exports to have valid seedcotton buyiBI·licence, evidence of:agency for seed cotton buyer or ownership of lint. 2. Lint quality certificate issued-bythe Boar<l to bepro*ed for every consignment. 3. Payment to dre Board fOl'a levy of 1·3% of FOB value. (f) Exporters shall perfect the expon permit issued for each consignment and return to the Board within 14~days·from the date of shipment. (g) All cotton lint for expCSrt shaD be sold through Central fender Committee to be comprised of representatives of owners of lint. The .Board shaD be the cordinator of the Committee provided that \lbere ciJl."UJIlstances allow, owners of cotton lint may be permitted by the Soard to be ellempted from the requirement oftbe above clause for specific CODtrIlCtL (h) Exports shall pay a levy of 1·3% of FOB value to the Board to finance regulatory funetiom of the Evard and cotton research. (i) The exporter who sells through the Board willpay 1000fF.O.a. price as Commis sion. (j) The exporter WJ.II berequired to bemember ofone of tbc: International Associations suchas Liverpool Cotton Association, Bremen Cotton Exchange and the like. I013 Cotton Regulations G.N. No. 536 (contd.) TANZANIA COTTON LINT AND SEED BOARD COTTON LINT EXPORT LICENCE NO. LELI' (ISSUED UNDER SECTIONS 5,(2)(a) and 5(2)(b) OF ACT NO. 19 OF 1984 A' AMENDED) Licence is hereby granted to MIs----------~----------­ of P.O. Box ------------------- to export cotton lint during:--------:marketing season, ending 30th June, 19 Issued at Dar es Salaam this-s------day of ---------- 19 FEES SHS.IUS$I>------RECEIPT NO.-----of REMARKS: GENERAL MANAGER TANZANIA COTTON LINT AND SEED BOARD P.O. BOX 9161, DAR ES SALAAM. NOTE: This Licence is issued subject to regulations shown overleaf. REGULATIONS TO BE OBSERVED BY COTTON LINT EXPORTERS 1. (a) Tanzania cotton be sold basis grade and staple. The grade shall be equal to the standard boxes i.e. GANY and DARS for Lake and Coastal respectively pre pared by the Board from time to time. The staplelengh shall be 1-1/8" for type one, 1-3/2~" for type two and 1-1/16" for type three. Premiums and discounts for grade and staple shall be as per Boards Terms and Conditions of cotton sale. (b) The Board shall have a final say on Tanzania cotton lint quality standard. (c) Exporters must not exchange or barter seed cotton, cotton lint or cotton seed. (d) The Boardjnay exercise its powers under Section 10(2) of the Tanzania Cotton Marketing Board Act No. 19 of 1984 as amended from time to time to cancel or suspend a licence if the Licencee fails to comply with terms and conditions upon which the licence is issued. (e) In addition, any person who contravenes anyone of the regulations shall be guilty of an offence and shall on conviction be liable to a fine not exceeding shillings one million only (Shs, 1,000,000/-) or imprisonment for a term not exceeding two years (2 years). (f) A person aggrieved by the decision of the Board cancelling or suspending his licence may appeal to the Minister. 1014 EP FORM Cotton Regulations G.N. No. 536 (contd.] Serial No.: LINT EXPORT PERMIT FROM THE UNITED REPUBLIC OF TANZANIA Declaration & Undertaking to the TCL & SB under Scc:tion 5(2)(b) Tanzania Cotton Marketing Board Act 19 of 1984 as amended from time to time 1. Exporter's Nameand Address: 2. Export LicenceNo. 3. Buyer: 4. Consignee(Name and Address): 5. Termsof Derivery: FOB Other 6. Modelof Sea Rail 7. Port of Shipment i'lipment Road Air 8. Port of Destination: Post Other 9. Description of Cottons CROP CLASSSI· QUANTITY PRICE PER TOTAL VALUE TYPE STAPLE YEAR HCATION BALES POUND US F.O.B. REPORT CENTS-FOB U.S. DOLLARS 10. DECLARATION BYTHE EXPORTER: 11. VERIFICATION BY TCL&SB lIWethe owners(or agents dulyauthorised Wecertify that for thisapplication the requ bythe owner) of the lint specifiedin this irements have been fulfilled. form, hereby declare that the export prices quoted above are correct. Checked by:....................................... Stamp &Signature of Exporter Stamp &Signature ofTCL &SB Date: ....................................... Date: ........................................ 1015 Customs Tariff (Remission) (Lake Rukwa Integrated Project First Phase) 14. FOR OFFICIAL USE BY CUSTOMS (at Wharf/Exit Point) We hereby certify that this export shipment has been completed as follows: Date of Shipment Port of Shipment Carrying Vessel Mode of Shipment Bili of Lading/Aima\ Bill/Consignment No. Export Entry No Export Entry Date Port and Country of Destination Quantity Amount in FOTL"ign T.Shs. Value Bales Currency Equivalent Checked by Approved bv: Date: Stamp ..'\:. Signature (If Authorised Official of Customs Dar es Salaam, 12th July, 1995 Signed by: HON FREDRICK SUi\IA YE (Mr.), Minister for Agriculture 1016