This Act was repealed on 2022-08-11 by Tobacco Act, 2022.
Tobacco Act, 1967
- Commenced on 1 April 1968
- [This is the version of this document at 31 December 1996.]
- [Repealed by Tobacco Act, 2022 (Act 10 of 2022) on 11 August 2022]
Part I – Preliminary
1. Short titleThis Act may be cited as the Tobacco Act.
2. InterpretationIn this Act, unless the context otherwise requires—"auction floor" means premises used for the sale by auction of auctionable tobacco;"auctionable tobacco" means any class of tobacco which is prescribed as auctionable tobacco by the Minister pursuant to section fifty-nine and as such is required to be sold by auction on a licensed auction floor;"Board" means the Tobacco Board of Zambia established under the provisions of section three;"buyer" means any person who buys tobacco and includes any person who possesses land and who agrees with a third person to permit the said third person to produce tobacco on not more than ten acres of the said land in consideration of the receipt of a share of the said crop when produced or of a share of the proceeds of its sale;"delivery quota" means the quantity of auctionable tobacco determined by the Board which may be delivered by or on behalf of a registered grower for sale on any licensed auction floor in each delivery quota period;"delivery quota period" means any period during which the Board permits the delivery of delivery quotas by registered growers to licensed auction floors;"export on consignment" means the consignment of tobacco to an agent, factor or commission agent for purposes of sale outside the Republic;"external market" means the demand for tobacco in any country outside the Republic;"external market minimum price" means the minimum price fixed by the Minister, pursuant to section seventy-four, for auctionable tobacco sold for the purposes of any external market;"financial year", in relation to the Board, means any period of twelve months prescribed as such by the Minister;"grader", in relation to tobacco, means any person who grades tobacco as a business or trade;"grower", in relation to tobacco, means any person who grows tobacco for purposes of sale, or any person who is deemed to be a grower pursuant to section twenty-six;"inspector" means an inspector appointed pursuant to subsection (1) of section eleven;"internal market" means the demand for tobacco for the purposes of manufacture in the Republic;"internal market minimum price" means the minimum price fixed by the Minister, pursuant to section seventy-four, for auctionable tobacco sold for the purposes of the internal market;"licensed auction floor" means any auction floor licensed as such by the Board pursuant to Part VIII;"licensed buyer" means any person licensed by the Board to buy tobacco pursuant to Part VII;"licensed grader" means any person licensed by the Board to grade tobacco pursuant to Part VI;"manufacture", in relation to tobacco, means to subject it to a process or treatment other than butting, thrashing, stripping or redrying, and cognate expressions shall be construed accordingly;"marketing quota" means the weight of tobacco of a class, prescribed pursuant to section seventy-eight, which a registered grower may sell in the Republic or export on consignment during a period fixed by an order relating thereto made pursuant to that section;"member" means a member of the Board;"non-auctionable tobacco" means any class of tobacco which is prescribed as non-auctionable by the Minister pursuant to section fifty-nine, and as such is not required to be sold by auction on a licensed auction floor;"Permanent Secretary" means the Permanent Secretary, Ministry of Agriculture;"producer" means any grower not required to be personally registered as such under section twenty-six;"Registrar" means the secretary to the Board;"sale at a primary or rural level" means the sale of tobacco by an individual producer or group of producers to a licensed buyer where it is intended that the said tobacco shall later be offered for sale to the trade by the buyer, whether as auctionable or non-auctionable tobacco, as the case may be;"sales supervisor" means a person appointed by the Board, under the provisions of section seventy-one, to supervise the sale of tobacco by auction on a licensed auction floor;"selling season" means the period in each year fixed by the Board during which auctionable tobacco may be sold;"surplus tobacco" means tobacco produced by a registered grower in excess of the marketing quota allotted to him pursuant to section seventy-eight;"tobacco" means unmanufactured tobacco (including tobacco stems) of a class prescribed by the Minister pursuant to section fifty-nine;"tobacco research" means—(a)research and investigation of any kind in connection with tobacco, tobacco ecology, insect pests of tobacco, bacterial, fungoid and virus diseases and other pests of tobacco; and(b)experiments in the planting, handling and curing of tobacco;"tobacco stem" means the midrib of the tobacco leaf;"weight" means the weight which is known in the usage of the trade as wet weight.
Part II – Establishment of Tobacco Board
3. Establishment of Tobacco Board of ZambiaThere is hereby established a board to be known as the Tobacco Board of Zambia which shall be a body corporate with a common seal and capable of suing and being sued and, subject to the provisions of this Act, of doing all acts as a body corporate may by law perform.
4. Composition of Board
5. Alternate appointments to Board
6. Tenure of office and vacancies
7. Meetings of Board
8. Committees of Board
9. Member to declare connection with companies and firms dealing with Board
10. Appointment of Secretary to Board
11. Tobacco inspectors
12. Powers of inspectorAn inspector may, for any of the purposes of this Act, and at all reasonable times, enter upon—
13. Contracts and instruments of BoardSubject to the provisions of section nine, an agreement contract or other instrument may be entered into or executed on behalf of the Board by any person or persons authorised by the Board generally or specially in that behalf.
Part III – Functions, duties and powers of the Board
14. Functions and duties of BoardThe functions and duties of the Board shall, subject to the provisions of this Act, be to—
15. Powers of Board
16. Power of Minister on default of BoardIf at any time it appears to the Minister that the Board is in default in the performance of any duty or obligation of the Board under this Act or under any regulation or requirement made thereunder, he may, by notice in writing, require the Board to make good its default within a time fixed by the Minister in the said notice.
17. Reports of Board
Part IV – Funds of the Board
18. Funds of BoardThe funds of the Board shall consist of—
19. Payments to Board from moneys appropriated by ParliamentIf, at any time, the funds referred to in section eighteen are not sufficient to meet fully any lawful expenditure incurred by the Board in the exercise of its powers or functions or in the performance of its duties, the amount of such deficiency shall be met by advances made by the Minister out of moneys appropriated for the purpose by Parliament.
20. Statement of revenue and expenditure of Board to be submittedThe Board shall, before the commencement of each financial year, submit to the Minister a detailed statement of estimated revenue and expenditure for the following year for approval by the Minister.
21. Accounts of BoardThe Board shall keep proper books of account and other records in relation to all its respective operations, undertakings and property and, in addition, such other particular accounts and records in respect of any of its respective operations, undertakings and property as the Minister may direct.
22. Appointment of auditors and audit of accounts of Board
23. Duties of auditorsIt shall be the duty of the auditors of the Board to certify not less than once in each financial year whether or not—
Part V – Registration of growers
24. Register of growersThe Registrar shall cause such registers of growers to be kept as are prescribed by the Minister.
25. Registration periods and duration of registrationThe Minister may from time to time by regulation prescribe—
26. Growers to be registered
27. Registration fees
28. Allotment of registered numbers to growers, licensed buyers, etc.
29. Prohibition against disclosure of identity of registered growersAny person who discloses to any other person the identity of the registered grower to whom any registered number allotted pursuant to section twenty-eight relates shall be guilty of an offence unless the disclosure is—
30. Only registered growers to sell or export tobacco on consignmentAny grower who—
31. Marking of bales of auctionable tobacco
32. Marking of bales of nonauctionable tobacco
33. Board agent of registered grower for disposal of surplus or unsold tobacco
34. Failure to furnish prescribed returns by registered grower
35. Cancellation of registration
36. Appeal to Minister
Part VI – Licensing of graders
37. Licensing of gradersAny person who carries on the business of a grader and is not licensed as such under this Part shall be guilty of an offence.
38. Application for grader's licence
39. Cancellation and suspension of grader's licence
40. Appeal to Minister
Part VII – Licensing of buyers
41. Licensing of buyersAny person, other than the Board, or an employee or agent of a licensed buyer nominated pursuant to section forty-three, who buys tobacco and who is not licensed by the Board as a licensed buyer under this Part, shall be guilty of an offence.
42. Application for buyer's licenceAn application for a licence to buy tobacco shall be made to the Board in the form and manner prescribed by rules by the Board with the approval of the Minister.
43. Nominated agentsIn any application for a licence under this Part, the applicant may nominate an employee or agent, who, upon the applicant being licensed as a licensed buyer, shall be entitled to buy tobacco for and on behalf of such licensed buyer under his said licence.
44. Grounds of refusal to issue and conditions attaching to buyer's licence
45. Appeal to MinisterAny applicant who is aggrieved by the refusal of the Board to issue to him a buyer's licence, or by any condition attaching to such licence, shall be entitled to appeal to the Minister.
46. Buyer's licence to specify particularsA buyer's licence issued under this Part shall contain the following particulars:
47. Minister may prescribe conditions of sale at primary levelThe Minister may by regulation prescribe the conditions under which tobacco may be bought by a licensed buyer at a primary or rural level and the conditions to which any resale of such tobacco shall be subject.
48. Cancellation and suspension of buyer's licence
49. Appeal to Minister
Part VIII – Licensing of auction floors
50. Licensing of auction floors
51. Appeal to Minister
52. Prohibition against sale of auctionable tobacco on unlicensed auction floorsAny person being the owner or occupier of any premises who uses such premises or permits their use for the sale of auctionable tobacco—
53. Cancellation and suspension of auction floor licences
54. Appeal to Minister
55. Conditional authorities for building or extending auction floorsAny person, including the holder of an auction floor licence, who proposes to erect premises intended for use as an auction floor, or to extend or alter premises which include a licensed auction floor, shall apply to the Board in the manner prescribed, with the approval of the Minister, by rules by the Board, for a conditional authority to erect, extend or alter the said premises as proposed.
56. Issue of conditional authoritiesThe Board may issue a conditional authority referred to in section fifty-five to an applicant if the Board is satisfied that—
57. Conditions on issue of conditional authorityUpon the issue of any conditional authority pursuant to section fifty-six, the Board may impose conditions and requirements as to the building works proposed to be done under such conditional authority and may require that any plans for such proposed building works be approved by an architect nominated by the Board.
58. Licensing of improvementsIf, in the opinion of the Board, any building erected under any conditional authority issued pursuant to section fifty-six is in substantial conformity with the conditions and requirements imposed by the Board and with the plan, if any, approved by an architect pursuant to section fifty-seven, the Board shall issue an auction floor licence in respect thereof or extend the existing auction floor licence to include the said building in a licensed auction floor, as the case may be.
Part IX – Sale of tobacco
59. Auctionable and non-auctionable tobaccoThe Minister may from time to time, by statutory instrument, prescribe—
60. Prohibition against sale of auctionable tobacco otherwise than by auction
61. Prohibition against sale of non-auctionable tobacco by auction
62. Auctionable tobacco to be delivered to auction floor by registered growerThe holder of an auction floor licence shall not sell or permit the sale on his auction floor of auctionable tobacco which was grown in the Republic unless the said tobacco was grown and is delivered to him by or on behalf of a registered grower.
63. Delivery in excess of delivery quotaAny registered grower who delivers or causes to be delivered to a licensed auction floor auctionable tobacco in excess of the delivery quota fixed for him by the Board shall not, for such period as the Board may fix—
64. Import of auctionable tobacco for sale in Republic
65. Duties of auction floor licensee on sale of imported auctionable tobacco
66. Sale of auctionable tobacco grown in earlier season
67. Auctionable tobacco to be sold only on sales days in the selling season, etc.Any person who sells, or permits the sale of, auctionable tobacco on any licensed auction floor—
68. Deductions from purchase price of auctionable tobacco
69. Weighing, selling and commission charges of holders of auction floor licences
70. Disposal of auctionable tobacco which is left unsold
71. Appointment of sales supervisorsThe Board shall appoint sales supervisors for the supervision of sales of tobacco on licensed auction floors.
72. Duties and powers of sales supervisors
73. Power of Minister to control sales of non-auctionable tobaccoThe Minister may, at the request of the Board, prescribe the manner of sale of any class of non-auctionable tobacco and the periods within which such tobacco may be sold.
74. Power of Minister to fix minimum prices for auctionable tobacco
75. Duties of licensed buyers on purchase of auctionable tobaccoLicensed buyers shall—
76. Prohibition against resale of auctionable tobacco bought at less than internal market minimum price
77. Prohibition against manufacture or keeping of auctionable tobacco not sold on licensed auction floorsAny person who, without the authority in writing of the Minister—
Part X – Marketing quotas and pools
78. Control of marketing of tobacco of specified class or gradeIf, in the opinion of the Minister, the quantity of tobacco of a particular class or grade which is being produced or is likely to be produced in the Republic for sale will exceed the requirements of the internal and external markets, the Minister may, after consulting with the Board—
79. Evidence of amount of marketing quotasAny certificate issued by the secretary to the Board setting forth the amount of any marketing quota of any registered grower shall upon its production in any court be prima facie evidence of the amount of such marketing quota.
80. Establishment of pools
81. Power of Board to dispose of surplus tobacco otherwise than through pools
82. Prohibition against sale or export of surplus tobacco by grower except through BoardAny grower who sells or exports on consignment surplus tobacco of which he is the grower otherwise than—
Part XI – Prescribed varieties of tobacco
83. Power of Minister to prescribe varieties of tobacco
84. Prohibition against growing or selling tobacco not of prescribed variety
Part XII – Export of tobacco
85. Prohibition against export of tobacco by grower
86. Prohibition against export of tobaccoSubject to the provisions of sections eighty-five, eighty-eight and eight-nine, any person other than a grower or a licensed buyer who exports tobacco from the Republic save in accordance with a permit so to do issued pursuant to section eight-seven shall be guilty of an offence.
87. Power of Minister to permit export
88. Power of Minister to grant exemption from this Part
89. Export of sampleNothing contained in this Part shall apply to, or operate to prevent, the bona fide export of a sample of tobacco by any person, when such sample does not exceed two kilogrammes and three hundred grammes in weight.
Part XIII – Miscellaneous and offences
90. Period of validity of licences issued by BoardAny licence issued by the Board pursuant to this Act shall not be valid after the 31st December in the year in respect of which the licence is issued.
91. Official documents to be produced to inspectorAny certificate, licence, permit or authority issued under this Act shall be produced by the holder thereof for inspection by any inspector, or other person thereunto duly authorised in writing by the Board.
92. Failure to comply with Act, regulations or rules an offenceAny person who contravenes or fails to comply with any of the provisions of this Act, or with any regulation, rule, requirement or condition lawfully prescribed, made or imposed thereunder, shall be guilty of an offence.
93. SecrecyIf any person—
94. Prohibition against altering, defacing or removing official recordsAny person who, without lawful authority, alters, defaces or removes—
95. Prohibition against altering or defacing prescribed recordsAny person who, without lawful authority, alters or defaces any certificate, licence, return, record or other document prescribed, issued, furnished or kept pursuant to this Act or to any order, requirement, rule or regulation made thereunder shall be guilty of an offence.
96. Prohibition against obstruction, etc., of inspectors or sales supervisors
97. Prohibition against failure to furnish returns, etc.Any person who, being a person required by or under this Act to furnish any return or information to the Minister or to the Board—
Part XIV – Proceedings and penalty
98. Venue of proceedings for offencesFor the purposes of any proceedings for an offence against this Act, the offence may be treated as having been committed either at the place where it was actually committed or at the place where the person charged with the offence is, for the time being, resident, and the appropriate court shall have the power to hear and determine proceedings for any such offence accordingly.
99. PenaltySave where otherwise expressly provided by this Act, any person who is convicted of an offence under this Act shall, in the case of a first such offence, be liable to a fine not exceeding four thousand penalty units or to imprisonment for a term not exceeding six months, or to both, and, in the case of a second or any subsequent offence, to a fine not exceeding fifteen thousand penalty units or to imprisonment for a term not exceeding one year, or to both.[As amended by Act No. 13 of 1994]
Part XV – Regulations
100. RegulationsThe Minister may, by statutory instrument, make regulations for the better carrying out of this Act and, without prejudice to the generality of the foregoing, such regulations may make provisions for—
Part XVI – Transitional provisions
101. SavingsAny licence, certificate, authority or permit issued or any registration registered or any application for registration made or any marketing quota determined under the provisions of the Tobacco Marketing and Levy Act, Chapter A.L. 13 of the 1965 Edition of the Applied Laws, which immediately before the commencement of this Act was of, or was capable of, acquiring force or effect, shall, subject to the provisions of this Act, continue to have or to acquire force or effect, as the case may be, and shall on and after such commencement be deemed to have been issued, registered, made or determined under this Act.
102. Dissolution of Tobacco Industry BoardUpon the commencement of this Act, the Tobacco Industry Board established pursuant to section three of the Tobacco Industry Board (Establishment) Act, Chapter 110 of the 1964 Edition of the Laws, shall be dissolved and shall cease to exist for all purposes except for the purposes of performing any act or executing any document necessary to implement any of the provisions of this Part, and for such purposes the Minister may, by order, nominate any person to perform any such act or to execute any such document on behalf of and in the name of the said dissolved Tobacco Industry Board and such act or document so performed or so executed by such person shall be deemed to be the act or document of the said dissolved Tobacco Industry Board.
103. Composition of Board pending appointment of membersFrom the commencement of this Act and until such time as the Minister, pursuant to section four, appoints members of the Board established by section three, those persons who immediately before the commencement of this Act were members of the Tobacco Industry Board established pursuant to section three of the Tobacco Industry Board (Establishment) Act, Chapter 110 of the 1964 Edition of the Laws, shall be deemed to be and shall constitute the membership of the Board established under this Act and shall, during the said period, exercise all of the powers and functions of such members as if they had been appointed to the Board pursuant to section four.
104. Vesting of property in BoardUpon the commencement of this Act, all property real or personal and all rights over property, and liabilities arising out of the ownership, possession or occupation of property of any kind and all liabilities in tort, which were subsisting immediately prior to such commencement and were vested in, held, enjoyed or incurred by the Tobacco Industry Board established pursuant to section three of the Tobacco Industry Board (Establishment) Act, Chapter 110 of the 1964 Edition of the Laws, shall by virtue of this section be transferred to and vested in the Board established pursuant to section three.
105. Transfer of contractual rights to BoardUpon the commencement of this Act, the benefit of all deeds, contracts, bonds, securities, or things in action, which were subsisting immediately prior to such commencement and were vested in the Tobacco Industry Board established pursuant to section three of the Tobacco Industry Board (Establishment) Act, Chapter 110 of the 1964 Edition of the Laws, shall by virtue of this section be transferred to and vested in and shall inure to the benefit of the Board in the same manner as if the Board had been contracted with instead of the said Tobacco Industry Board established pursuant to the said Tobacco Industry Board (Establishment) Act, and as if the Board had been party to all such deeds, contracts, bonds, or securities instead of the said Tobacco Industry Board established pursuant to the said Tobacco Industry Board (Establishment) Act.
106. Transfer of contractual and other liabilities to BoardUpon the commencement of this Act, all subsisting or future liabilities or obligations arising out of any deed, contract, bond, security or thing in action imposed upon, suffered or incurred by the Tobacco Industry Board established pursuant to section three of the Tobacco Industry Board (Establishment) Act, Chapter 110 of the 1964 Edition of the Laws, shall by virtue of this section be transferred to, imposed upon, suffered and incurred by the Board in the same manner as if the Board had been party to each such deed, contract, bond, or other security instead of the said Tobacco Industry Board established pursuant to the said Tobacco Industry Board (Establishment) Act and in the same manner as if the Board at all times had been the party bound or obliged by or under each such thing in action instead of the said Tobacco Industry Board established pursuant to the said Tobacco Industry Board (Establishment) Act.
107. Registration upon transfer of registered lands or interestsIn the case of property transferred to and vested in the Board under the provisions of this Part, in respect of the transfer of which any written law provides for registration, it shall be the duty of the Board, within six months from the commencement of this Act, to make written application to the proper officer of the appropriate registration authority for the registration of each such transfer and it shall be the duty of that officer to make such entries in the appropriate register as shall give effect to such transfer and, where appropriate, to issue to the Board a Certificate of Title in respect of the said property or to make the necessary amendments to the register, as the case may be, and, if presented therefor, to make endorsements on the deeds relating to the title, right or obligation concerned; and no registration fees, stamp or other duties shall be payable in respect thereof.
108. Proceedings not to abateWhere, upon the commencement of this Act, any legal proceeding is pending to which the Tobacco Industry Board established pursuant to section three of the Tobacco Industry Board (Establishment) Act, Chapter 110 of the 1964 Edition of the Laws, is a party, the Board established pursuant to section three of this Act shall be substituted in such proceeding for the said Tobacco Industry Board established pursuant to the said Tobacco Industry Board (Establishment) Act, and such proceeding shall not abate by reason of such substitution.
History of this document
11 August 2022
Repealed by Tobacco Act, 2022
31 December 1996 this version
01 April 1968
|Tobacco (Auctionable Tobacco Importation) Regulations, 2020||Statutory Instrument 65 of 2020|