CHAPTER 227
COTTON ACT

Arrangement of Sections

   Section

PART I
PRELIMINARY

   1.   Short title

   2.   Interpretation

PART II
THE COTTON BOARD OF ZAMBIA

   3.   Establishment of Board

   4.   Functions of Board

   5.   Composition of Board

   6.   Tenure of office of member

   7.   Filling of casual vacancy

   8.   Executive Secretary

   9.   Secretary and other staff

   10.   Seal of Board

   11.   Proceedings of Board

   12.   Committees of Board

   13.   Allowances

   14.   Disclosure of interest

   15.   Prohibition of publication or disclosure of information to unauthorised persons

   16.   Cotton Licensing Committee

   17.   Functions of Cotton Licensing Committee

   18.   Constitution and functions of Appeals Committee

   19.   Functions of Appeals Committee

PART III
REGISTRATION OF COTTON SEED PRODUCER, GINNERS AND COTTON SEED SELLER

   20.   Registration of cotton seed producers, etc.

   21.   Register of persons

   22.   Cancellation of registration of persons

   23.   Appeals

   24.   Offences and penalties

   25.   Publication of list of registered persons

PART IV
DISTINGUISHING MARKS

   26.   Approval of distinguishing mark

   27.   Registration of distinguishing mark

   28.   Refusal to approve distinguishing mark

   29.   Register of distinguishing marks

   30.   Use of distinguishing mark

   31.   Marking of receptacle

   32.   Prohibition of dealing in cotton without licence

   33.   Licences

   34.   Application for licence

   35.   Condition of licence

   36.   Licence holder to maintain register

   37.   Cancellation of licence

   38.   Appeals

   39.   Funds of Board

   40.   Cotton Development Fund

   41.   Financial year

   42.   Accounts

   43.   Annual Report

   44.   Appointment of inspectors

   45.   Powers of Inspectors

   46.   Obstruction of inspector

   47.   Duty of inspector to report to Board

   48.   Cancellation of licence by court order

   49.   Regulations

   50.   Repeal of Cap. 227 and transitional provisions

AN ACT

to establish the Cotton Board and define its functions and powers; to regulate the cotton industry as it relates to the production and ginning of seed cotton; to control the production and marketing of cotton; to repeal and replace the Cotton Act, 1914; and to provide for matters connected with or incidental to the foregoing.

[13th July, 2007]

Act 21 of 2005,
S.I, 52 of 2007

PART I
PRELIMINARY

1. Short title

This Act may be cited as the Cotton Act.

2. Interpretation

In this Act, unless the context otherwise requires—

“Appeals Committee” means the Committee constituted by section 18;

“Board” means the Cotton Board of Zambia established by section 3;

“Chairperson” means the person appointed chairperson of the Board under section 5;

“cotton” means the cotton plant grown for lint and seed;

“Cotton Development Trust” means the Cotton Development Trust established under a trust deed registered with the Registrar of Lands and Deeds under the Lands and Deeds Registry Act;“cotton sector” means the producers and ginners of seed cotton but does not include weavers or spinners of cotton or producers of textile products;

“cotton seed” means the propagative part of the cotton plant grown principally for seed multiplication;

“distinguishing mark” means any sign, inscription, letter or number which distinguishes a person, association or organisation;

“Environmental Council of Zambia” means the Environmental Council of Zambia established under the Environmental Protection and Pollution Control Act;

“Executive Director” means a person appointed as Executive Director under section 8;

“ginned cotton” means seed cotton which has been processed into lint;

“Ginners Association of Zambia” means the Ginners Association of Zambia registered under the Societies Act;

“inspector” means a person appointed as an inspector under section 44;

“levy” means such charge on cotton lint as may be prescribed by the Board;

“licence holder” means a person, organisation or company holding a licence issued under section 34;

“lint” means the fibre component of processed seed cotton;

“packaging” means the recommended packaging in terms of material, labelling and sealing;

“penalty unit” has the meaning assigned to it in the Fees and Fines Act;

“person” includes an institution, an individual or company dealing in cotton;

“producer” means a person, organisation or company engaged in growing, promoting and marketing of cotton;

“receptacle” means any acceptable packaging approved by the Board;

“Register” means the summarised record of all persons, organisations, companies or agents producing, purchasing and selling the cotton crop;

“repealed Act” means the Cotton Act, 1914;

“seed company” means an organisation or company holding a Cotton Seed Licence issued under section34;

“seed cotton” means the unginned cotton;

“to pre-finance” means to give a loan in the form of cotton inputs; and

“Trust Fund” means the Cotton Development Trust Fund established under section 40.

PART II
COTTON BOARD OF ZAMBIA

3. Establishment of Board

There is hereby established the Cotton Board of Zambia which shall be a body corporate with perpetual succession and a common seal, capable of suing and being sued in its corporate name, and with power, subject to the provisions of this Act, to do all such things as a body corporate may by law do or perform.

4. Functions of Board

   (1) Subject to the other provisions of this Act, the functions of the Board shall be to—

      (a)   regulate the production, ginning and marketing of seed cotton;

      (b)   set the standards relating to the quality of the cotton crop in the field, seed cotton, cotton seed and lint;

      (c)   advise the Government on regulations, policies and measures pertaining to the protection, control, promotion and development of the cotton industry;

      (d)   encourage the production of good quality cotton;

      (e)   facilitate the principle functions of the Cotton Development Trust—

      (i)   in research and development of cotton; and

      (ii)   regarding extension programmes and training of cotton farmers conducted by the Trust;

      (f)   maintain a record of the credit status of cotton growers;

      (g)   implement the Government’s policies relating to the cotton industry;

      (h)   arrange, when so requested by the Government, for the representation of Zambia, on any international organisation dealing with cotton, or at any international conference relating to cotton; and

      (i)   carry out such activities as are necessary or conducive to the better performance of its functions under this Act.

   (2) The Board may, by directions in writing and subject to such conditions as it considers necessary, delegate to any member, committee or the Executive Director any of its functions under this Act.

5. Composition of Board

   (1) The Board shall consist of the following part-time members—

      (a)   two representatives of the Ministry responsible for agriculture, one of whom shall be from the Division responsible for marketing and co-operatives and the other from the Division responsible for agriculture;

      (b)   one representative from the Cotton Development Trust;

      (c)   two representatives of the Cotton Ginners Association of Zambia who are not members of the Board of Trustees of the Cotton Development Trust;

      (d)   one representative of an association of cotton farmers;

      (e)   one representative of small holder cotton farmers;

      (f)   the director of the Seed Control and Certification Institute appointed pursuant to section 3 of the Plant Variety and Seeds Act;

      (g)   one representative of the Environmental Council of Zambia;

      (h)   one representative of the textile industry;

      (i)   one representative of the Ministry responsible for finance and national planning; and

      (j)   one representative of the Attorney-General.

   (2) The members referred to in sub-section (1) shall be nominated by their respective institutions and shall be appointed by the Minister.

   (3) The Minister shall appoint the Chairperson of the Board and the Vice-Chairperson shall be elected by the members from amongst themselves:

Provided that the members appointed under paragraph (a) of sub-section(1) shall not be elected as Chairperson or Vice-Chairperson.

   (4) A person shall not be appointed as a member of the Board if the person—

      (a)   is an undischarged bankrupt;

      (b)   has been convicted of an offence involving fraud or dishonesty; or

      (c)   has been convicted of an offence under any written law and sentenced to a term of imprisonment of not less than six months, without the option of a fine.