CHAPTER 227 - COTTON ACT: SUBSIDIARY LEGISLATION

INDEX TO SUBSIDIARY LEGISLATION

Cotton Act (Commencement) Order

Cotton (Control of Diseases) Regulations

COTTON ACT (COMMENCEMENT) ORDER

[Section 1]

Arrangement of Paragraphs

Paragraph

   1.   Title

   2.   Commencement of Act No. 21 of 2005

SI 52 of 2007.

 

1.   Title

This Order may be cited as the Cotton Act (Commencement) Order, 2007.

 

2.   Commencement of Act No. 21 of 2005

The Cotton Act, 2005, shall come into operation on the date of the publication of this Order.

COTTON (CONTROL OF DISEASES) REGULATIONS

[Section 2]

[RETAINED AS PER S.15 OF INTERPRETATION AND GENERAL PROVISIONS ACT]

[Regulations by the Minister]

Arrangement of Regulations

   Regulations

   1.   Title

   2.   Interpretation

   3.   Application

   4.   Order for destruction of cotton plants

   5.   Failure to comply with notice

   6.   Failure to uproot sprouts

   7.   Destruction of plants by Director of Agriculture

   8.   Recommendation for these Regulations to be applied to an area

   9.   Prescribed areas

   10.   Right to enter and search for diseases

      SCHEDULE

GN 115 of 1925,

GN 286 of 1951,

GN 287 of 1951,

GN 288 of 1951,

GN 13 of 1955,

GN 289 of 1955,

GN 319 of 1964.

 

1.   Title

These Regulations may be cited as the Cotton (Control of Diseases) Regulations.

{mprestriction ids="1,2,3,5"}

 

2.   Interpretation

In these Regulations, unless the context otherwise requires-

"area" means any area defined in the Schedule or which may hereafter be defined by regulation;

"prescribed area" means any area to which the Minister may hereafter, by statutory notice, declare that these Regulations shall apply.

[As amended by No. 319 of 1964]

 

3.   Application

The *Minister may, from time to time, by statutory notice, declare that these Regulations shall apply to any area therein specified.

[As amended by No. 319 of 1964]

 

4.   Order for destruction of cotton plants

The **Minister may, from time to time, fix, by statutory notice, a date prior to which-

   .   (a)   all cotton plants, planted more than four months prior to such date, in any prescribed area therein specified, shall be uprooted and destroyed by burning; and

      (b)   all cotton plants planted as aforesaid in such area but which have been or become severed from the soil, and all portions of cotton plants planted as aforesaid in such area which have been or become severed from such cotton plants, shall be burnt.

[As amended by No. 319 of 1964]

 

5.   Failure to comply with notice

The owner, lessee or occupier of land in any prescribed area specified in any notice issued under the provisions of regulation 4 who shall fail to uproot and burn, or to burn, as the case may be, any cotton plant or portion thereof, being on such land and to which such notice relates, prior to the date specified in such notice, shall be deemed to have contravened these Regulations. In addition, the person who planted or caused to be planted any such cotton plant which or any portion of which shall not have been uprooted and burnt, as the case may be, prior to the date specified in such notice, shall be deemed to have contravened these Regulations.

 

6.   Failure to uproot sprouts

If, in contravention of these Regulations, any cotton plant to which a notice issued under the provisions of regulation 4 applies shall not have been properly uprooted from the land, with the result that a sprout has grown from the root or portion of the root which has not been uprooted, the owner, lessee or occupier of the land, or the person who planted or caused such cotton plant to be planted, shall forthwith uproot and burn such root or portion of a root and the sprout growing therefrom, and, if the same shall not be forthwith so uprooted and burnt, all the persons previously mentioned in this regulation shall be deemed to have contravened these Regulations.

 

7.   Destruction of plants by Director of Agriculture

If, in contravention of these Regulations and of any notice issued under the provisions of regulation 4, any cotton plant or portion thereof or root with sprout growing therefrom on any land shall not have been uprooted and burnt, or burnt, as the case may be, by the owner, lessee or occupier of such land, or by the person who planted or caused such cotton plant to be planted (hereinafter in this regulation referred to as "the persons responsible"), the Director of Agriculture, or any person thereto authorised by him, may cause such cotton plant or portion thereof or root with sprout growing therefrom to be uprooted and burnt, or burnt, as the case may be, and, in such event, all of the persons responsible shall be jointly and severally liable for any expense incurred by such uprooting and burning, or burning, as the case may be, in addition to their liability to the penalties prescribed by the Act for the contravention of these Regulations.

 

8.   Recommendation for these Regulations to be applied to an area

Whenever, in any area which is not a prescribed area, a resolution has been passed recommending that such area shall be declared to be an area to which the provisions of these Regulations shall apply, the Minister may, by statutory notice, declare such area to be an area to which these Regulations apply, if-

      (a)   the resolution was passed at a meeting convened by the Director of Agriculture upon a written request signed by not less than ten owners or lessees of land engaged in the business of growing cotton in such area; and

      (b)   one month's notice of such meeting was given by advertisement in a newspaper circulating in such area; and

      (c)   the Director of Agriculture, or some person nominated by him, presided at such meeting, and the said resolution was duly put to the meeting and carried by a 75 per centum majority of the owners or lessees of land in such area, engaged therein in the business of growing cotton.

[As amended by No. 319 of 1964]

 

9.   Prescribed areas

The Minister may, at any time, by statutory notice, declare that a prescribed area shall cease to be a prescribed area, and such area shall thereupon cease to be a prescribed area.

[As amended by No. 319 of 1964]

 

10.   Right to enter and search for diseases

The Director of Agriculture, or any person thereto authorised by him, shall have access at all times to any land upon which cotton is grown, for the purpose of searching for diseases or pests, or, in the case of a prescribed area, of ascertaining whether these Regulations have been complied with.

SCHEDULE

[Regulation 2]

SCHEDULED AREAS

1-THE LIVINGSTONE AREA 

The Livingstone District. 

2-THE KALOMO AREA 

The Kalomo District. 

3-THE MAZABUKA AREA 

The Mazabuka District. 

4-THE NAMWALA AREA 

The Namwala District. 

5-THE LUSAKA AREA 

The Lusaka District. 

6-THE MUMBWA AREA 

The Mumbwa District 

7-THE KABWE AREA 

The Kabwe Rural District 

8-THE MKUSHI AREA 

The Mkushi District. 

9-THE NDOLA AREA 

The Ndola Rural District. 

10-THE COPPERBELT AREA 

The Chililabombwe, Chingola, Kalulushi, Kitwe, Luanshya and Mufulira Districts. 

11-THE EASTERN AREA 

The Eastern Province. 

12-THE CHOMA AREA 

The Choma District.

[288 of 1951 as amended by Nos. 13 and 289 of 1955]

 


 
 

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