Cotton Regulations, 2001 (G.N. No. 471 of 2001)

1 GOVERNMENT NOTICE NO. 471 published on 8/12/2000 THE TANZANIA COTTON LINT AND SEED BOARD ACT, 1984 (No. 19 OF 1984) R E G U L A T I O N S Made under section 37 THE COTTON REGULATIONS, 2000 PART I COTTON CULTIVATION Citation 1. These Regulations may be cited as the Cotton Regulations, 2000. (a) Planting of Cotton Cotton seeds for Planting 2.-(1) All farmers except those in the cotton quarantine areas are free and encouraged to grow cotton provided they use cottonseeds supplied to them in pursuance to the provisions of these Regulations. (2) Any person who contravenes the provisions of these Regulations commits of an offence. Restriction on importation of cotton seed 3.-(1) No person shall i m p o r t cotton seed into t h e country breed or multiply without a permit in writing issued by the Director in consultation with the Board. (2) Any person who contravenes this Regulation shall be guilty of an offence and shall on conviction be liable to pay a fine not less than shillings three hundred thousand o r imprisonment for a period not lower than three years or to both such fine and imprisonment and such seeds or plants shall be destroyed by the Board on behalf of the Director at the cost of the defendant. Seed multiplication 4. The Board, shall enter into contracts with seed companies for multiplication of foundation and certified cotton seed for planting. Reservation of cotton seed 5.-(1) For the purposes of Regulation 2, the Board shall cause to be reserved such quantity and quality of cotton seed as the Director may from time to time by notice in writing direct and shall hold such cotton seed to the order of the Director. (2) Any cotton seed reserved pursuant to the provisions of subregulation (1) shall become the property of the Director from the date of the notice reserving the same. Disposal of seeds for planting 6.- (1) All cotton seed reserved pursuant to the provisions of regulation 5 shall be dusted, packed, labeled, transported, delivered, stored and sold to growers through cooperative societies at a price to be agreed upon between the Board and Tanzania Cotton Association. Act No. 29 of 1973 (2) Every package of seed offered for sale shall be labeled in accordance with the specifications set out under the provisions of the Seeds Act, 1973. Supply of agro-chemicals and applicattors 7. The Board shall have power to appoint fit and proper persons for the suply and distribution of agro chemicals and their applicators. Plant protection Act No. 18 of 1979 8. In liaison with the Tropical Pesticides Research Institute the Board shall have power to approve or disapprove the type of agro-chemicals to be used. (b) Pests and Diseases Declaration of quarantine areas 9.-(1) The Director in consultation with the Board 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 quarantine 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 pest or diseases of cotton; http://them.in/ 2 (b) prohibit the removal from such area without a permit in writing issued by the Director of any seed cotton or cotton seed or any plant or any article which has contained any seed cotton or cotton seed or any article which in his opinion is likely to harbour insect pests or diseases of cotton. (2) The Board may by written notice require any person within the time specified in such notice to remove to any place or to destroy any seed cotton, or cotton refuse in that person's possession or control in such cotton quarantine area, and where any such person fails to comply with any such notice the Board may, on giving not less than seven days notice in writing of its intention so to do, cause such removal or destruction to be effected and there upon such person shall, without prejudice to any penalt which may have been incurred by reason of such failure be liable to pay all costs of such undertaking which costs shall be recoverable as a debt due to the Board. (3) Any person who contravenes or fails to comply with any provision of any order or notice made or issued under this Regulation commits an offence. Prevention of diseases 10.-(1) The Director in consultation with the Board may, by order under his hand, for the purpose of preventing or controlling the occurrence or spread of any insect pests or disease of cotton within any area specified in such order: (a) require that within such area: (i) all or any cotton plants, cotton residues or any plant specified in the order, to 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 to be burned. (b) require any grower within such area forthwith to harvest such of his seed cotton as, in the opinion of the Director, 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 any of the provisions of any order made under this regulation commits an offence. (3) Where any person fails to carry out the provisions of any order made under sub-regulation (1) of these regulations, the Board, upon giving not less than seven days' notice in writing of its intention so to do, cause such measures to be taken as may be necessary to carry out the provisions of such order and thereupon such person shall, without prejudice to any penalty which he may have incurred reason of such failure, be liable to pay all the costs of such undertaking whicch costs shall be recoverable as a debt due to the Board. Appoint ment of extension officers 11. The Board shall power to appoint qualified persons to be cotton extension officers who shall supplement the existing extension system. P A R T I I GRADING Grower to grade seed cotton be fore sale 12. Every grower shall before making any sale grade all seed cotton intended for sale into Grade A cotton or Grade B. The Board may determine the grade of cotton 13. The Board may, by order, determine which grade of seed cotton may be sold or bought in any specified area during a specified period. Mixing different grades of seed cotton or un merchantable cotton with graded cotton 14.-(1) No person shall mix (a) any other seed cotton with Grade A seed cotton; (b) any other seed cotton with Grade B seed cotton; (c) any un-merchantable cotton with graded cotton. (2) Any person who sells seed cotton without first grading the same or mixes un-merchantable cotton with graded cotton commits an offence and on conviction shall be liable to pay a fine of not less than shillings fifty thousand or imprisonment for a period of not less than three months or to both such fine and imprisonment. (3) Any person who buys improperly graded seed cotton or graded cotton mixed with un-merchantable cotton shall be guilty of an offence. 3 PART III BUYING OF COTTON Restriction on cotton buying 15.-(1) No person other than a holder of a valid seed cotton buying license issued by the Board shall buy seed cotton. (2) Where a specified organization licensed as a cotton buyer buys seed cotton through its members, such members shall not be required to obtain cotton buying license. (3) No cotton buyer shall buy seed cotton at any place other than at a cotton buying post specified in his cotton buying license. (4) Any person who contravenes any of the provisions of this regulation shall be guilty of an offence. Cotton buying licenses 16. -(1) The Board shall, on application for a cotton buying licence, issue to the applicant a cotton buying licence in the prescribed form which shall entitle the holder to buy seed cotton. (2) Every cotton buying license shall specify the cotton buying post or posts at which the holder shall be entitled to buy seed cotton. (3) A cotton buying license shall, unless previously revoked or surrendered, remain in force until the fifteenth day of November following the date of issue of such license: Provided that the Board shall have power to extend the validity of the license on sufficient grounds. Restriction on issue of cotton buying licenses 17.-(1) Notwithstanding the provisions of subregulation (1) of Regulation 15, the Minister may after consultation with the Board and by notice in the Gazette specify an area or areas in which cotton buying license may not be issued to any person other than specified organization, and in respect of any such area the Board shall not issue a cotton buying license to any applicant other than a specified organization . (2) For purposes of this Regulation "a specified organization" means the Board, a Co-operative Society, a subsidiary company and any body of persons designated by the Board in writing under its seal or by notice in the Gazette to be a specified organization for the purpose of this Regulation. Provision relating to cotton buying license 18. -(1) A cotton buying license shall not be assignable or transferable. (2) A cotton buyer shall produce his cotton buying license at all reasonable times upon request of the inspector. (3) Any cotton buyer who fails without reasonable cause to produce his license when so requested commits an offence. Cotton stores 19. -(1) No person shall erect or operate a cotton store for the purpose of storing seed cotton without the permission in writing of the Board. (2) Any person who contravenes the provisions of this Regulation commits an offence. Cotton buying posts 20. The Board 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. Places where cotton may be sold 21. -(1) No person shall sell any seed cotton except at a cotton buying post. (2) Any person who contravenes the provisions of this Regulation commits an offence and on conviction shall be liable to pay a fine not less than shillings fifty thousand or imprisonment for a period not less than six months or to both such fine and imprisonment. Purchase of cotton 22. - (1) The Board shall, by order: (a) fix a date in each year prior to which no seed cotton 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. (2) The trading hours at a cotton buying post shall be from 8.00 hours in the morning to 18.00 hours in the evening. (3) Every year the Minister shall in consultation with the Board and Tanzania Cotton Association (TCA), announce floor price before commencement of seed cotton buying season. 4 (4) Any cotton buyer who contravenes or fails to comply with the provisions of any order made under this Regulation, commits an offence. International marketing information 23. All traders in the cotton industry shall be guided in their dealings in respect prices and quality by prevailing international marketing information. Conditions to be observed by cotton buyers 24. -(1) Every cotton buyer shall: (a) at all times when his premises designated for buying cotton are open for business, display in Kiswahili and English in conspicuous characters the prices offered by him per unit weight of each grade of seed cotton; (b) use j jute, cotton or any other material that shall be recommended by the Board to pack seed cotton and cotton seeds; (c) produce correct standard weekly reports to the board showing weekly purchases and deliveries of seed by grade for every buying post; (d) display standard grade sample box approved by the Board; (e) display a weighing scale properly serviced, inspected and approved by the weights and measurements Department of the Ministry for the time being responsible for Trade and Industries; (f) store all seed cotton in his possession in a cotton store at one or any of the cotton buying posts at which he is licensed to buy or in such storage accommodation as the Board may require; (g) buy all seed cotton offered to him at the prices exhibited; Provided that a specified organization shall only buy seed cotton in accordance with the rules, regulations or any written law governing purchases to be made by it. (h) keep all Grade A cotton separate from Grade B cotton; (i) 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 without issuing produce receipts to the farmers in respect of all seed cotton purchased. (c) buy seed cotton unless the entire consideration for the parchase is paid in cash at the time and place of delivery. (3) Any cotton buyer who contravenes or fails to comply with any of the provisions of this Regulation commits an offence. Inspection of premises and records 25. -(1) An Inspector may at all times: (a) enter upon any premises of cotton buyers for the purposes 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 documents required to be kept under the provisions of Regulations 23; (c) suspend the seed cotton buying operation by seizing the weighing scale and revoking the buying license. (2) Any person who obstructs an officer lawfully exercising his power under this regulation or refuses such officer permission to exercise such power or fails to cooperate with such officer in the exercise by such officer of any such power commits an offence and on conviction shall be liable to pay a fine not less than shillings five hundred thousand or imprisonment for a period not less than three years or to both such fine and imprisonment. PART IV COTTON DEVELOPMENT FUND Establishment of Cotton Development Fund 26. There shall be established a fund for cotton development to be known as the Cotton Development Fund which shall be financed by cotton stakeholders by way of levies. Functions of the Fund 27. The functions of the fund shall include (a) supplementing prices for cotton seeds for planting; (b) supplementing prices for agro-chemicals and their applicators; (c) supporting cotton related research activities; 5 (d) supporting cotton related extension services; (e) supporting cotton related information system; and, but not limited to; (f) supporting cotton related education. Management of the Fund 28. -(1) The Board shall be responsible for collection of monies for the fund. (2) The fund shall be managed by a Board of Trustees to be appointed by the Minister. (3) The Board of Trustees appointed under sub-regulation (2) shall consist of representatives from (a)The Ministry for the time being responsible for Agriculture (b) Ginners and Traders Assocation (c) Cotton Farmers Association (4) The Board shall be a member of the Board of Trustees and shall serve as Secretary to the Board of Trustees. Levies for the Cotton Development Fund 29. -(1) Every ginner shall pay through the Board US Dollars 0.0363 or its equipment per kilogramme of lint which shall be remitted to the Cotton Development Fund. (2) Any person who contravenes the provisions of this regulation shall be guilty of an offence. (3) Without prejudice to any penalty incurred by reason of such failure a person contravening the provisions of this regulation shall remain liable to pay all outstanding levy. PART V GINNING AND BALING No erection of ginnery without a permit 30. -(1) No person shall erect or operate a ginnery save with a permit in the prescribed form issued by the Board and in accordance with such conditions as the Board may specify or as may be prescribed. (2) The Board may, by order limit the number of ginneries which may operate in any area. (3) No person shall operate a ginnery unless it has been duly inspected and certified by the Board; (4) Any person who contravenes the provisions of this regulation or of any order made under this regulation commits an offence. Ginning Licenses 31. -(1) No person shall gin seed cotton or bale cotton lint unless he is a holder of a valid ginning license by the Board in the prescribed form. (2) A ginning license shall, unless revoked or suspended, remain in force until the thirty first day of March following the date of issue of such license. (3) A ginner shall draw one sample from each bale that is one hundred percentum sampling, and each sample shall weigh not less than two hundred grams and shall deliver all samples to the Board within one week after drawing the relevant samples. (4) Any person who contravenes the provisions of this regulation commits an offence, Application for ginning license 32.-(1) Application for a ginning license shall be made to the Board in the prescribed manner. (2) The Board may for good reason refuse to issue a ginner's license, and in that event shall communicate to the applicant the grounds for such refusal within fourteen days. Conditions as to ginning license 33.-(1) A ginning license shall entitle the holder to gin seed cotton and bale cotton lint upon the premises specified therein and in accordance with such conditions as to machinery, plant, storage accommodation and output as may be prescribed, or as may be specified in the license. (2) Any holder of a ginning license who fails to comply with any order or condition lawfully made or imposed under sub-regulation (1) commits an offence. Movement cotton 34.-(1) No person shall move or cause to be moved any seed cotton form one region to another except in accordance with a permit in writing issued by the Board. (2) Any person who contravenes the provisions of this Regulation shall be guilty of an offence. Register of ginneries 35. The Board shall keep and maintain a register of all ginneries in respect of which licenses have been issued. The Board may revoke license 6 36. Where a holder of a ginning license fails to comply with any condition lawfully attached thereto or conducts himself in a manner which in the opinion of the Board is prejudicial to the public interest, or fails to discharge any duty imposed upon him by these Regulations, the Board may revoke his license. Ginning license not assignable 37. A ginning license shall not be assignable or transferable. Duties of holder of ginning license 38.-(1) It shall be a duty of every holder of ginning license to comply with the license conditions, namely (a) to maintain and work the ginnery in a proper and workmanship manner and in such a way as not to cause deterioration or demage to the seed cotton, cotton lint, or cotton seed handled therein; (b) to ensure that all seed cotton delivered to the ginnery is correctly graded and shall thereafter keep all Grade A cotton and the lint therefrom and all Grade B cotton and the lint therefrom separate from one another and from any other seed cotton; (c) to keep all seed cotton, cotton seed and cotton lint which has been salvaged from damage by fine or water separate from all other seed cotton, cotton seed and cotton lint and shall gin the seed cotton and bale the cotton lint only in accordance with instructions from the Board; (d) to keep such records and male such returns as may be prescribed; (e) to keep all seed cotton, cotton seed and cotton lint in his possession or control properly stored in the ginnery buildings or stores. (f) to keep the ginnery and its precincts in a clean and sanitary condition; (g) to take all reasonable precautions for the prevention of accidents and take such precautions for the prevention of fire as may be prescribed. (h) to girt, before any other seed cotton any seed cotton in respect of seed of which the Board gives notice of its intention to exercise its powers under the provisions of this Regulations; (i) to produce cotton lint free from all seeds or parts of seeds or other substances whatsoever which ought to have been removed therefrom by the processes of ginning if the same had been carried out in a proper and workmanship manner; (j) to gin all seed cotton which may be delivered to him for ginning up to the capacity of the ginnery; (2) Any holder of a ginning license who contravenes any of the provisions of this regulation commits an offence. (3) Where any ginnery or any machinery in any ginnery is being maintained or used in such a manner as to cause deterioration or other damage to any cotton handled in such ginnery, the Board may suspend the ginning license relating to such ginnery until such time as it is satisfied that the cause of such deterioration or other damage has been removed. PART VI LEVY ON COTTON LINT Levy on cotton 39.-(1) Ginners shall pay US Dollars 0.0121 per kilogram of lint or its equivalent to the Board to finance the Board's Regulatory functions and the rate payable may be reviewed by, he Minister from time to time. (2) The local textile and spinning mills shall produce standard monthly reports to the Board showing monthly purchases and prices paid for each grade of cotton lint. (3) Any person who fails to comply with the provisions of this regulation commits an offence. (4) Without prejudice to any penalty incurred by reason of such failure the ginners shall remain liable to pay all the outstanding levy. PART VII PURCHASE, SALE AND EXPORT. OF COTTON LINT AND COTTON SEED Purchases and sell of seed cotton, cotton lint and cotton seeds 40. Subject to the provisions of these Regulations, any person may purchase seed cotton, cotton lint and cotton seeds for` the purpose of export or re- sale within the United Republic Appointment of inspectors 41. The Board shall have power to appoint qualified persons to be inspectors. Functions of Inspectors 7 42. -(1) The functions of Inspectors shall be to supervise the purchase, ginning and export of seed cotton, cotton lint and cotton seed. (2) Without prejudice to the generality of the foregoing functions, the Inspectors shall have and exercise such other powers including the inspection of seed cotton, cotton ginneries and cotton stores, the taking of cotton samples, the verifying of weights and qualities of seed cotton and cotton seed, the certifying of qualities of cotton lint, as are provided for in these Cotton Regulation or as may be prescribed. Granting of licenses 43.-(l;) Licenses granted under these Regulations by the Board, shall be (a) in the prescribed manner; (b) valid for a specified period; (c) subject to such terms and conditions as maybe prescribed or endorsed therein; (d) issued subject to the payment of fees as may be prescribed by the Board. (2) The Board may cancel or suspend a license if the licensee fails to comply with terms and conditions of his license and such cancellation or suspension as the case may be, shall be in addition to a penalty to which the licensee may be liable under this Regulation. Restriction on purchase and export of cotton 44. No person shall in any manner whatsoever: (a) export any cotton lint or cotton seed unless he is a holder of a valid export permit issued by the Board under the provisions of this Cotton Regulation, (b) exchange, barter, or enter into any agreement for exchange or barter of seed cotton or cotton lint or (c) purchase, sell, export or dispose of any seed cotton, cotton lint or cotton seed, unless he applies and obtains a license from the Board' in accordance with the provisions of this Cotton Regulation. Contravention of any provision of this part 45. Any person who contravenes any of the provisions of Regulation 44 or contravenes any of the terms and conditions of a license granted under these Regulations commits an offence. Agents and contractors 46. The Board of Directors may, from time to time, appoint and employ upon such terms and conditions as it may think fit such agents and contractors of the Board as it may deem necessary. Liability of members, Etc. Cap. 16 and Act 7 of 1970 47. Without prejudice to the provisions of section 284 A of the Penal Code or the Specified Officers (Recovery of Debts) Act, 1970, no act or thing done, or omitted to be done, by any member of the Board of Directors or by any officer, servant or agent of the Board shall, if done or omitted bona fide in the execution or purported execution of his duties as such member, officer, servant or agent, subject any such person to any action, liability or demand whatsoever. Powers of entry, inspection etc 48.- (1) An Inspector may, at any reasonable hour of the day, enter upon any place where cotton is grown, ginned, baled or stored or where any cotton lint or cotton seed is produced or stored, and inspect and examine the same for the purpose of ensuring that the provisions of these Cotton Regulations or of any regulations or By-laws made hereunder, or of any directions given, or order made by the Minister, the Director or the Board are being complied with. (2) The inspector may, for the purpose of securing compliance with the provisions of these Cotton Regulations or of any regulations, Bylaws, order or direction made or given under these Cotton Regulations, or for the purposes of detecting and establishing any breach of any such provisions or directions, take samples of any seed cotton, cotton lint or cotton seed, or of any product thereof, found in or on any ginnery, store, plant or other place or premises including any land and may subject such samples to such tests as he may deem necessary. (3) Any person who obstructs an inspector in the exercise of the powers conferred upon him by this Regulation, or who neglects or refuses to produce to the inspector any book or record which the inspector may request to be produced for his inspection commits an offence. Adulteration of Cotton 49.-(1) Any person who adds or causes to be added, any foreign or extraneous matter to any seed cotton. or cotton lint shall be guilty of an offence. (2) If on examination of any cotton lint it is found to contain any substance other than cotton lint, the licensed ginner who ginned such cotton lint shall be guilty of an offence. Provided that it shall be a good defense if such a licensed ginner satisfies the court that he took reasonable care to prevent the adulteration of such cotton lint aforesaid, 8 Carrying on trade upon premises used for storage of cotton 50. -(1) Except with the written permission of the Board and in accordance with such conditions as the Board may specify, no trade, business or profession other than that in respect of which a license is issued shall be carried on any premises used for the storing, ginning, baling or sale of seed cotton, cotton lint or cotton seed. (2) Any person who carries on any trade, business or profession in contravention of the provisions of this Regulation shall be guilty of an offence. General power of revocation of licence or permit 51. Without prejudice to any specific provision in this Regulation, if a holder of any license or permit issued under the provisions of this Regulation is convicted an offence against this Regulation or of any offence involving moral turpitude, the Board may revoke the license or permit, as the case may be. Penalty for offences 52.-(1) Any person found guilty of an offence under these Regulations shall be liable to a fine of not less than five million shillings or imprisonment for term of not less than five years or to both such fine and imprisonment, save where in any other Regulation a specific penalty has been provided for, for any particular offence that particular penalty. (2) Where any offence against these Regulations committed by a body corporate is proved to have been committed with the consent or approval of any director, manager, secretary or other officer of the body corporate, he, as well as the body corporate, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly. Confiscation 53. In addition to any penalty which may be awarded 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. PART VIII Prescribed Forms 54. Conditions set forth in the prescribed forms attached in the schedule to these Regulations shall be read, together with these Regulations, and form part o f the Cotton Regulations. Revocation G. N. of No.435 of 1998 55. The Cotton Regulations, 1998 are revoked. G.N. No. SCHEDULE FORMS FORM No. I TANZANIA COTTON LINT AND SEED BOARD APPLICATION FOR SEED COTTON BUYING LICENCE (Made under sections 5 (2) (a) and (b)) l. Particulars of Applicant: I/We of P O. Box and holders of Business License No. (attached) issued a t wish to apply for seed cotton buying license for the season. 2. Areas of Operation: I/We intend to operate in the following buying posts: total in number . The estimated total volume of the crop I/ We expect to buy is about kgs of seed cotton. 3. Financial Arrangements: I/We confirm that I/We will have no problems with financing and the same can be confirmed by my/our bankers* of P. O. Box (*state if any source other than bankers) 4. Producer Price: My/Our proposed price for GRADE A will be per kg and GRADE B will be per kg. 5. Ginning Arrangement: I/We also confirm that I/We have my/our own ginnery (Name) 9 I/We have ginning contract with M/s: to use his/their ginnery (Name) 6. Application Fee: I/We enclose a cheque/cash for Tshs. 20,000/= being non refundable application fee for the buying license. 7. Declaration: I/We hereby declare that I/We shall abide by the regulations governing the purchase of seed cotton a s issued and as will be directied by the Board from time to time. ' Signature Capacity Official Stamp Date NOTE: See procedure to be followed over leaf PROCEDURE TO BE FOLLOWED BY APPLICANTS SEED COTTON BUYING LICENCE The applicant must do the following: (a) visit the area where he intends to buy cotton; (b) register with the Regional and District Administrative Secretaries of the respective areas and abide by directions of such authorities; (c) visit and obtain confirmation from a ginnery that the seed cotton purchased shall be ginned at that designated ginnery. QUALIFICATIONS FOR OBTAINING SEED COTTON BUYING LICENCE (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 bank or financial institution. (c) The application should be supported by certification by the Board or its agent that the intended buying posts have been inspected and passed for cotton buying for that season. (d) The applicant must be a member of Tanzania Cotton Association. (e) Upon submission of the application form, the applicant shall pay shillings twenty thousand as application fee. (f) The successful applicants will be required to pay shillings twenty thousand only as licence fee per buying post. TANZANIA COTTON LINT AND SEED BOARD No. established under TANZANIA COTTON LINT AND SEED BOARD, ACT 1984 SEED COTTON BUYING LICENCE (Issued under section S(2)(a) Licence is hereby granted to M/s. of P.O.Box to buy seed cotton during season. ending 31st March, 20 , at buying post Zone, District Region and the cotton so purchased shall be ginned at Ginnery. Issued at .............................. this ...................... day of .............................. 200 ....... FEES SHS RECEIPT NO. OF General Manager. , Tanzania Cotton Lint and Seed Board, P.O. Box 9161, Dar es Salaam. NOTE: This licence is issued subject to the conditions shown overleaf CONDITIONS TO BE OBSERVED BY COTTON BUYERS (a) Every buyer shall be member of at the beginning of the season issue a Tanzania Cotton Association (TCA). (b) All buyers of seed cotton shall issue produce receipts to farmers for cotton purchase. (c) Any buyer may purchase seed cotton in two grades, that is, Grade A and Grade B, simultaneously Every seed cotton buyer shall engage a qualified cotton grader at every buying post. (d) Every buyer shall display in an easily accessible place in conspicuous manner the following: (i) standard grade sample box approved by the Board at the beginning of every buying season. (ii) producer price to be offered for each grade. 10 (iii) weighing scale properly inspected and passed by Weights and Measure Department of Ministry of Trade and Industries. (iv) buying license issued by the Board. (e) Every buyer of seed cotton must purchase seed cotton from a designated buying post only. (f) 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) At any buying post, buyers should ensure that: (i) all grass within five metres of the seed cotton store is removed. (ii) all cotton refuse is burnt. (iii) stores are properly repaired, cleaned and fumigated before 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 in 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. (k) Buyers of seed cotton shall also abide by regulations issued by Councils and Regional Consultative Committee (RCC). (l) 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 grade offered for each. (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. (o) The Board may exercise its powers under Section 10(2) of the Tanzania Cotton Lint and Seed Board Act, 1984 to cancel or suspend a license if the Licensee fails to comply with terms and conditions of the License. Where a license is cancelled, the buyer shall have to re-apply and where a license is suspended, the buyer shall pay Tanzanian shillings ten thousand after complying with the conditions of this license. (p) In Addition, any person who contravenes any one of the these regulations shall be guilty of an offence. (q) A person aggrieved by the decision of the Board canceling or suspending his license may appeal to the Minister. FORM NO. 2 APPLICATION FOR COTTON GINNING LICENCE (made under section 5(2(a) 1. Particulars of applicant I /We of P.O. Box owner/Lessee of Ginnery with Registration No. situated at ........................... in ......................... District .......................... Region 2. Type of Ginnery Ginnery has single/double roller/was gins installed. For the season 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 conditions governing the ginning of cotton as issued and as will be directed by the Board from time to time. Signature Capacity Official Stamp Date NOTE: See conditions overleaf CONDITIONS FOR OBTAINING A GINNING LICENCE (a) An applicant must own a ginnery or must have hired/leased one form a ginnery owner. Proof of hiring/leasing must be shown. The applicant shall pay a non-refundable fee of US Dollars one hundred or its equivalent. 11 (b) The ginnery concerned must have been inspected and approved by the Board's Ginnery Inspectors. (e) The applicant must be a member of Tanzania Cotton Association. (d) It is the responsibility of the ginner to cause the Inspectors Barn the Board to inspect and certify the ginner) for issuance of a ginning licence. No ginner shall operate a ginnery without a valid ginning licence for the respective season. (e) A ginning licence will be issued at a fee of US Dollars one thousand or its equivalent. (t) Holders of ginning licences shall be bound to observe the rules and regulations governing the operation of ginnery. (g) The ginning licence issued shall be valid from the 1st June instant to 31st March the following year, subject to extension in writing being granted by the Board. TANZANIA COTTON LINT AND SEED BOARD (Established under Tanzania Cotton Lint and Seed Board Act, Act No. 19 of 1984) GINNING LICENCE No. GL/ Issued under section S(2)(a)J Licence is hereby granted to M/s. of P.O. Box to gin and bale cotton during season, ending 31st March 20 at the Ginnery (Registration No.) situated at in District, Regional by means of single/double roller/saw gins and press providing bales weighing between 181 and 220 kilograms net. Issued at this day of 20 FEES SHS. 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 COTTON GINNERS (a) Every ginner shall be a member of Tanzania Cotton Association (TCA). (b) The ginner shall obtain and display a valid ginning licence issued by the Board. (c) The ginner shall maintain and work the ginnery in a proper manner and in such a way as to maintain cotton quality standards. (d) 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 A cotton and the lint therefrom separate from the other. (e) The ginner shall separate disease infected cotton from non-infected cotton. (f) The ginner shall keep seed. cotton, cotton seed and cotton lint which may be salvaged from damage by fire or water, separate from other seed cotton, cotton seed and cotton lint and shall gin the seed cotton and bale the cotton lint in accordance with conditions of the licence. (g) Ginners shall produce correct weekly reports. (h) The ginner shall not later than 15th April of each year produce annual reports to the Board in the prescribed form. (i) The ginner is prohibited from buying and or ginning improperly graded cotton. (j) The ginner shall ensure that lint bales are labeled with lot numbers as issued by the Board. (k) The ginner shall ensure that lint bales are stored in proper conditions. (l) 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 issue a report. Copy of the classification report shall be made available to the owner. Each sample shall weigh not less than two hundred grammes (200g). (m) The ginner shall ensure that all bales, produced are properly weighed and the same is clearly indicated in bale specification forms. 12 ginnery gate to the Board to finance regulatory functions of the Board. (n) The Board may exercise its powers under section 10(2) of the Tanzania Cotton Lint and Seed Board Act, 1984 to cancel or suspend a license if the license fails to comply with terms and conditions of the license. Where a license is cancelled, the ginner shall have to re-apply and where the lincense is suspende the ginner shall pay US Dollars five hundred (US $ 500) after complying with the conditions of the license. (o) In addition, any person who contravenes any one of the regulations shall be guilty of an offence. (p) A person aggrieved by the decision of the Board canceling or suspending his license may appeal to the Minister. (q) The ginner shall gin non infected cotton separate from infected cotton. (r) Every ginner shall ensure that all non-infected cotton is ginned first and that no infected is ginned before requirement of seeds for planting as determined by the Board is satisfied. (s) All seeds from seed cotton purchased at ginnery gate shall not be used for planting purposes expect for seed cotton bought by a ginner originating from disease free areas and where there are no variety differences. (t) The ginner shall draw ;one sample from each ale that is one hundred percent (100%) sampling. (u) Ginners shall use jute, cotton or any other material recommended by . the Board to pack lint bales, cotton seed and cotton samples. (v) Ginners shall pay a levy of US Dollars 0.0121 per kilogram of lint or its equivalent to be collected at (w) Payment to the Cotton Development Fund through the Board for a levy of US Dollars 0.0363 per kilogram of lint or its equivalent to be collected at ginnery gate. TANZANIA COTTON LINT AND SEED BOARD P.O. BOX 9161, DAR ES SALAAM TANZANIA TO: General Manager FORM NO. 3 APPLICATION FOR LINT EXPORT LICENCE (Made under section 5(2)(a) and 5(2)(b) of the Tanzania Cotton Lint and Seed Board Act, Act 19 of 1984) 1. Particulars of Applicant: Name ofApplicant: Address: Trading Licence No. of 20 Bankers full name and address: I/we of P.O. Box and holders of Business Licence No. (attached) issued at hereby apply for a Cotton Lint Export Licence for the season. 2. Types 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 Arrangement: I/We confirm that I/We will have no problems with financing and same can be confirmed by my/our Banker of P.O.Box 4. Application Fee: I/We enclose a payment of US S 100/= or T.Shs being non refundable application fee for the Link Export Licence. 5. Declaration: I/We hereby declare that I/We shall abide by the regulations governing the Cotton Lint Export as issued and as will be issued by the Minister for Agriculture from time to time and satisfy conditions for lint exporters shown overleaf. Signature Date: Official Stamp: NOTE: See condition overleaf. 13 CONDITIONS FOR LINT EXPORTERS (a) The exporters shall show financial ability endorsed by a reputable Bank/Financial Institution. (b) The exporter shall pay a non-refundable application fee of US $ 100. (c) The applicant must be a member of Tanzania Cotton Association. (d) Successful applicants shall be issued with export license upon payment of US $ 2,000 per annum or its equivalent. (e) No exporter shall export cotton lint without a valid export permit issued by the Board for every consignment. (f) CONDITIONS FOR ISSUANCE OF EXPORT PERMITS (i) Lint exporters must have valid seed cotton buying licenses, evidence of agency for seed cotton buyer or ownership of lint. (ii) lint quality certificate issued by the Board to be provided for every consignment. (g) Exporters shall perfect the export permit issued for each consignment and retarm to the Board within 14 days from the date of shipment failure of which no Export Permit will be issued. (h) All tint exporters must register every sale of cotton lint with the board within seven days from the date of sale otherwise the Board will not issue any Export permit for any contract not registered. The information should include the buyer's name, number of bales sold, the type, price and delivery period. TANZANIA COTTON LINT AND SEED BOARD (Established under Tanzania Cotton Lint and Seed Board Act. Act No. 19 of 1984) COTTON LINT EXPORT LICENCE NO. LEL/ (Issued under sections 5(2)(x) and 5(2)(b)) License is hereby granted to M/s. of P.O, Box to export cotton lint during marketing season, ending 30th June. 20 Issued at Dar es Salaam this day of FEES SNS/US $ RECEIPT NO. OF REMARKS General Manager. Tanzania Cotton Lint and Seed Board. P.O.Box 9161, Dar es Salaam. NOTE: This License is issued subject to the conditions shown overleaf. CONDITIONS TO BE OBSERVED BY COTTON LINT EXPORTERS (a) Every exporter shall be a member of Tanzania cotton Association (TCA). (b) Tanzania cotton shal l be so ld on, basis of grade and staple: The grade shall be equal to the standard, boxes i.e. GANY and DARS for Lake and Coastal respectively prepared by the Board from 'tune to time. The staple length shall be at least 1-1/8" for type one. 1-3/32" for type two and 1-1/6" for type three. Premiums and discounts for grade and staple shall be as per Boards Terms and Conditions of cotton sale. (c) The Board shall have a final say on Tanzania cotton lint quality standard. (d) Exporters must not exchange or barter seed cotton. cotton lint or cotton seed. (e) The Board may in exercise of its powers under Section 10(2) of the Tanzania Cotton Lint and Seed Board Act, Act No. 19 of 1984 to cancel or suspend a license if the Licensee tails to comply with terms and conditions upon which the license is issued.. Where a license is cancelled, the exporter shall have to reapply and where a license is suspended. the exporter shall pay US Dollars one thousand (US $ 1,000/=) after complying with the conditions of this licence. (f) In addition any person who contravenes any one of the conditions shall be guilty of an offence. 14 (g) A person aggrieved by the decision of the Board canceling or suspending his licence may appeal to the Minister. (h) Exporters shall perfect the export permit Issued for each consignment and return to the Board within 14 days from the date of shipment. (i) All lint exporters must register every sale of cotton lint with the Board within seven days from the date of sale. The information should include the buyer's name, number of bales sold, the type, price and delivery period. TANZANIA COTTON LINT AND SEED BOARD PO. BOX 9161 DAR ES SALAAM To: General Manager FORM NO 4 APPLICATION FOR COTTON SEED EXPORT PERMIT (Made under section 5(2) (b)) l. Particulars of Applicant Name of Applicant Address Trading Licence No of I/We of P.O. Box and holders of Business Licence No. (attached), issued at hereby apply for cotton seed Export Permit for tons of season. 2. Declaration R . I/We hereby declare that I/We shall abide by the regulations and By-laws governing the cotton seed export as issued and as will be issued from time to time and satisfy conditions for cotton seeds exporters as shown overleaf. Signed: Date Official Stamp NOTE: See conditions overleaf 1.CONDITIONS FOR COTTON SEEDS EXPORTERS (a) The applicant/exporter shall pay a non refundable application fee of US Dollars One hundred or its equivalent to the Board. (b) No one shall export cotton seeds without a valid export permit issued by the Board for every consignment. 2. (c) CONDITIONS FOR ISSUANCE OF EXPORT PERMIT (i) Cotton seed exporters should have valid trading licences. (d) Exporters shall perfect the export permit issued for each consignment and return to the Board within fourteen days from the date of shipment, failure of which no export permit will be issued. (e) Exporters must not exchange or barter cotton seeds. TANZANIA COTTON LINT AND SEED BOARD PO. BOX 9161, DAR ES SALAAM To: General Manager FORM NO. 5 REQUISITION FOR COTTON CLASSIFICATION (Made under section S(2) -(c)) 1. Particulars of applicant' Name of Applicant Address Please supply classing services for samples delivered as hereunder: 15 GINNERY LOT NO. SAMPLE BALE NOS VARIETY AND QUALITY TYPE OF GINNING SAW/ROLLE 2. Classing Services Required (Tick the required service, but STAPLE and GRADE is mandatory) (a) STAPLE and GRADE (b) HVI TEST (1) Mocronaire (2) Upper Half Mean (3) Strength (g/tex) (4) Uniformity Index (5) Uniformity ratio (6) Span length 50% (7) Span Length 2.5% (8) Other (specify) 3. Test Results Please (i) Telex/Fax Post the classing data to the following address: (ii) Keep for collection from your lab by us or our agent. 4. Fees I enclose cash/cheque No: US$ amount in words for the service as follows: (i) No. of samples for grade and staple @ US dollar 1.25 (ii) No. of samples for HVI TEST (All parameters) @. US$ 1.50 (iii) No. of samples for HVI TEST (any one parameter) @ US$ 1.00 Specify the data required 5. Declaration I/ We hereby declare that the samples of the above mentioned lot/ lots were drawn and sealed, under our responsibility in accordance with the sampling rules and regulations issued by the Cotton Board of Tanzania and were delivered to the Board as being to the best of my /our knowledge, truly representative of the lot referred to and that the Board shall not be held responsible for any claims arising from inconsistencies be tween the sample and the exported cotton. Signature Capacity Official Stamp Date FILE: REQUEST FOR CLASSING COTTON SEEDS EXPORT PERMIT FORM Serial No COTTON SEED EXPORT PERMIT FROM THE UNITED REPUBLIC OF TANZANIA Declaration & Undertaking to the Tanzania Cotton Lint and Seed Board (Under section S(2)) 1. Exporter's Name and Address 2. Export licence no. 3. Buyer's (Name and Address) 4. Consignee 5. To be shipped on ETA 6. Terms of delivery 7. Description of cotton seeds; 8. Port of shipment 16 Crop year quantity - tons P r i c e u s c R b Total values ; 9.-Port of destination 10. Contract no 11. DECLARATION BY THE EX- VERIFICATION BY COTTON PORTER: BOARD OF TANZANIA We the owners (or agents duly We certify that for this application authorized by the owner of the seeds the requirements have been fulfilled. specified in the form), hereby declare that the export prices quoted above Checked by are correct Checked up by Stamp and Signature of Cotton Board of Stamp & signature of Exporter Date 13. 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 Bill of Lading/Airway Bill/Consignment No. Export Entry No. Export Entry Date - Port and Country of Destination QUANTITY, TONS AMOUNT FOREIGN CURRENCY TSHS.VALUE EQUIVALENT Checked by approved by Date Stamp & Signature of Authorised Official of Customs TANZANIA COTTON LINT AND SEED BOARD P.O. BOX. 9161, DAR ES SALAAM. TANZANIA Issued to CQC COTTON QUALITY CERTIFICATE (Issued under section 5(2)(c) of the Tanzania Cotton Lint and Seed Board Act, Act No. 19 of 1984) We certify that the samples of raw cotton delivered to the Board vide Delivery Note No. of are as follows: CROP LOT NOS NO. OF BALES SAMPLE NOS. GRADE STAPLE TANZANIA COTTON LINT AND SEED BOARD COTTON CLASSIFIER DATE GENERAL MANAGER DATE Cotton Regulations . TANZANIA COTTON LINT AND SEED BOARD P. O. BOX 9161, DAR ES SALAAM, TANZANIA General Manger Date 17 Issued to COTTON QUALITY CERTIFICATE (Issued under section 5 (2) (c) of the Tanzania Cotton Lint and Seed Board Act, Act No. 19 of 1989) We certify that the samples of raw cotton delivered to the Board vide Delivery Note No. of are as follows: TANZANIA COTTON LINT AND SEED BOARD Cotton. Classifier Date TANZANIA COTTON LINT AND SEED BOARD P O. BOX 9161, DAR ES SALAAM. (Made Under the Tanzania Cotton Lint and Seed Board Act, Act No. 19 of 1984) WEEKLY SEED COTTON PURCHASES REPORT FOR SEASON Week No. ending GRADE AR/BR PURCHASES DELIVERIES Buying Post Purchases to Previous Week Purchases this Week Total Purchases to Date Deliveries to Previous Week Deliveries this Week Total Deliveries Week Balances Branch Manager Official Stamp Date TANZANIA COTTON LINT AND SEED BOARD P. O. BOX 9161, DAR ES SALAAM. (Made Under section 37 of the Tanzania Cotton Lint and Seed Board Act, Act No. 19 of 1984) WEEKLY GINNING REPORT FOR SEASON Week No. ending GRADE AR/BR GINNER GINNING DISPOSAL Ginnin Ginningt Total Bales Bales Salesto Balanceat Previou Week Bales Delivered Railedto Local TheGirmery Railhead Week ingto to Railheads WPSalaa Mills(Me jBalanceat rchants Ginnery Manager Official Stamp Date TANZANIA COTTON LINT AND SEED BOARD Act No. 10 of 1984 TO: GENERAL MANAGER, COTTON BOARD OF TANZANIA ANNUAL RETURN OF COTTON PURCHASED AND GINNED GINNERY ...................................OWNER......................................... Crop Season 20 .............. 20 ........... Date of Completion of the form .................. 20 ...... 18 Buying Post Licence No. Name of Buying Post TOTAL DELIVERIES OF RAW COTTON GRADE A – KGS GRADE B - KGS Total Deliveries Less Stock c/f Add Last Years Stock b/f TOTAL S/COTTON GINNED IN THE SEASONS Estimated a/cotton involved in fire or water damage ................................AR ................. KGS BR ....................... KGS. Weight of a/cotton salvaged ..............AR ................. KGS BR ....................... KGS. Any other s/cotton eg. cleaner waste etc .................................................AR ................. KGS BR ....................... KGS. Estimated a/cotton left in the buying post after closing the ginneries .........AR ................. KGS BR ....................... KGS. No. of bales produced ........................ AR ................. BLS BR ....................... BLS. No. of standard (181/200/220 kgs.) bales sold ........................................ AR ................. BLS BR ....................... BLS. Weight of lint sold ............................... AR ................. KGS BR ....................... KGS. Add SD ........................ Kgs Less SD .................. Kgs. Add samples ................. Kgs Add samples ........... Kgs. Add salvage .................. Kgs Add salvage ............ Kgs. Add loose lint ............... Kgs Add loose lint ......... Kgs. Total nett kgs ................ AR BR .......................... BR Weight of seeds produced AR ........ Tons BR ......................... Tons Weight of seeds sold AR ......... Tons BR ......................... Tons Weight of seeds requisitioned for Planting AR ......... Tons BR ......................... Tons Any other lint not included in the above eg. Sweeping lint from cleaner waste cotton etc. AR ...:..... Kgs. BR .......................... Kgs. For and on behalf of GINNERY MANAGER ................................................. (Signature)