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In Mauritius the production and marketing of tobacco is regulated by the Tobacco Production and Marketing Act Section 2A and relevant parts of the Act concerning production and sale of leaf tobacco are reproduced hereunder:

PART I - THE TOBACCO BOARD

Section 9

(b) fix the grades of tobacco and the purchase and sale prices for those grades;

(e) control the import of leaf tobacco, manufactured tobacco and tobacco products in accordance with Section 29A;

 

PART II - CONTROL OF PRODUCTION

        Planting of tobacco

(1)   No person shall -

(a)    sow, plant, grow or cultivate tobacco on any land; or

(b)    allow tobacco to be sown or planted or to grow or to be cultivated on land in his occupation, unless he is a producer, and is in possession of a certificate for the current year.

 

(2)   No producer shall -

(a)    cultivate tobacco on a land on which any other crop is being raised; or

(b)      raise any other crop on land on which tobacco is planted, unless he has obtained the written permission of the Board.

 

(3)            Any person who contravenes this section shall commit an offence.

 

        Allotment of annual quotas

(1) The Board shall every year determine the quantity of leaf tobacco required, and shall issue to each producer the following certificates �

 

(a)            a certificate in respect of a seed bed in which shall be specified �

(i)     the situation of the seed bed;

(ii)    the variety of tobacco the grower may sow;

(iii)   the date of expiry of the certificate; and

(iv)           such other particulars as the Board may determine;

 

(b)            a certificate in respect of a tobacco plantation in which shall be specified�

(i)     the locality where the tobacco may be grown;

(ii)    the quota allotted to the producer for that year;

(iii)   the acreage the producer may plant;

(iv)   the type and variety of tobacco the producer may produce; and

(v)    such other particulars as the Board may determine.

 

 (3)    (a)   In this subsection, "specified" means specified in a  certificate issued under subsection (1).

          (b)    A producer who:

    (i)    sows any tobacco other than a specified tobacco;

    (ii)   plants any tobacco in any locality other than a specified locality;

    (iii)  produces any type or variety of tobacco other than a specified type or variety;

    (iv)  sows or has in his possession any tobacco seed other than the tobacco seed supplied to him or approved by the Board;

    (v)   collects any tobacco seed without prior authorisation by the Board;

    (vi)   fails to destroy any tobacco plant, seedbed or nursery bed within on week of the date of expiry of a certificate issued to him under this section;

    (vii)  fails to produce or satisfactorily account for any certificate issued to him under this section; or

    (viii) cultivates more than the specified acreage, shall commit an offence.

 

        Producers to submit returns

(1)      (a)  Every producer shall, before a certificate is issued to him, submit to the Board a statement in such form as the Board may direct, showing the number and situation of all buildings he intends to utilise for the curing and storing of green tobacco and of leaf tobacco.

 

(b)      No producer shall utilise any buildings for the curing and storing of green tobacco and of leaf tobacco other than those which have been approved by the Board and are designated by a specific number.

 

(c)      The Board may approve or refuse to approve any building for the curing and storing of green tobacco and leaf tobacco.

 (2)     Where a producer fails to provide suitable buildings approved by the Board for the curing and storing of green tobacco and of leaf tobacco within such period as the Board may determine, the Board may by resolution decide that his name shall be removed from the register, and his name shall be removed accordingly, and the Board may allot the basic quota and basic acreage of the producer to some other person.

 

        Producers to keep books

Every producer shall keep, in such form as the Board may prescribe, such books and tender such returns as the Board may require, and any producer who fails to keep books in the form prescribed by the Board or makes a false entry in the books or fails to submit the required returns, or makes any false statement in the returns, shall commit an offence.

 

        Sale and Delivery by Producers

(1)    Subject to this Act -

(a) every producer shall sell and deliver all leaf tobacco produced by him to the Board at a warehouse, and no producer shall sell or transfer, any leaf tobacco which he has produced to any person other than the Board;

(b) no producer shall sell or transfer any green tobacco to any other person except

as provided in sections 19 and 22.

 

(2)    A producer may, with the written authority of the Board, sell or transfer any young tobacco plant to any other producer.

 

(3)    Any producer who contravenes this section shall commit an offence.

 

        Possession of green and leaf tobacco

(1)    Notwithstanding any other enactment -

(a)  no person, other than a producer, the Ministry responsible for the subject of agriculture, shall receive or have in his possession any green tobacco;

(b)  no person, other than a producer, a manufacturer, the Ministry responsible for the subject of agriculture, or the Board, shall receive or have in his possession, or deposit or allow to be deposited in premises under his control or occupation, any leaf tobacco;

(c)   paragraph (b) shall not apply in respect of any leaf tobacco stored in a bonded warehouse.

 

(2)               Any person who contravenes this section shall commit an offence.

 

        Purchase of leaf tobacco by Board

(1)      Subject to this section, the Board shall purchase all leaf tobacco tendered to it by, a producer.

(2)      The Board may refuse to purchase, or may fix a special price for, leaf tobacco produced in excess of the quota allotted to a producer under section 17, but all that leaf tobacco shall be delivered to the Board.

 

(3)     (a)   The Board may refuse to purchase leaf tobacco tendered to the Board after such date as the Board may fix as the last date for the tender to it of leaf tobacco of the season, and any producer who is found in possession of any green or leaf tobacco after that fixed date shall commit an offence and the green tobacco or leaf tobacco shall be seized by the Board.

         (b)   Where a producer, owing to any circumstances beyond his control which render it impossible for him to harvest his tobacco in time, fails to tender his leaf tobacco to the Board within the period fixed, the Board may extend the period.

(4)      Producers shall deliver their leaf tobacco at a warehouse in such manner and condition as may be prescribed, and, on delivery, the leaf tobacco shall be consigned to grades by an officer.

 

(5)     (a)  The Board shall purchase all leaf tobacco according to grade.

 

         (b)  The grades and the prices for leaf tobacco may be fixed by    the Board, and any alteration to them other than any special prices the Board may fix for the purchase of leaf tobacco produced in excess of the quota allotted to a producer, shall be published in the Gazette 2 weeks prior to their coming into operation.

 

(6)     (a) A producer who is dissatisfied with the decision of a grading officer regarding the grade of leaf tobacco delivered, or the condition or manner in which the leaf tobacco is delivered, may appeal to the Board or to a committee appointed by the Board, against the decision in such manner and within such period as may be prescribed.

 (b)   Pending the decision of the Board or committee, the leaf tobacco shall be stored at the producer's risk, and the Board shall not be responsible for any loss or damage due to the excessive moisture content of the leaf tobacco or any cause beyond the control of the Board.

 (c)   The decision of the Board or of the committee, on any such appeal, shall be final.

 

(7)                  The acceptance of a receiving slip by a producer shall be an acceptance of the decision of the grading officer, and no appeal shall in such a case lie against such decision.

 

(8)                   Payments for leaf tobacco delivered by producers shall be made in such manner as the Board may determine.

 

        Import of leaf tobacco

(1)             A manufacturer may apply to the Board for a licence to import leaf tobacco.

(2)    A person may apply to the Board for a licence to import manufactured tobacco and tobacco products.

(3)    The Board may, in writing -

 (a)    reject; or

 (b)   approve on such terms and conditions as it deems fit, an application under subsections (1) and (2).

 

        Sale by the Board

The sale of leaf tobacco by the Board to persons in Mauritius shall be at such prices each grade as may be determined by the Board and published in the Gazette, and shall otherwise be subject to regulations made under this Act.

 

        Mechanisation and Inputs Fund

(1)    The Board shall set up and manage a Mechanisation and Inputs Fund out of which loans shall be made to producers of tobacco for -

(a)    the purchase of equipment and spare parts;

(b)    the purchase of fertilisers and chemical for use in tobacco production; and

(c)              the repair of barns.

 

(2)    (a)    The Board and every manufacturer of tobacco products shall each contribute to the Fund 0.5 per cent of the value of all leaf tobacco produced annually.

(b)    Every producer shall contribute 0.5 per cent of the value or leaf tobacco produced by him annually.

 

        Penalty

(1)    Any person who commits an offence under this Act or who contravenes this Act shall, on conviction, be liable to a fine not exceeding 3,000 rupees and to imprisonment for a term not exceeding 2 years, and any green tobacco, or leaf tobacco, the subject-matter of the contravention, together with any vehicle, container or other article which, to the knowledge of its owner has been used in connection with the offence or contravention, may be forfeited to the Board.

 (2)    The Board, or a person deputed by the Chairman of the Board to act on its behalf, may seize and detain any vehicle, container or other article which, under this Act, is liable to forfeited to the Board

 (3)    Any green tobacco, leaf tobacco, vehicle, container or other article declared to be forfeited by the Court, shall be delivered into the custody of the Board to be disposed of in such manner as the Board thinks fit.

 (4)    Where a person who is not a producer is convicted of growing tobacco on any land, the Board may either gather and appropriate the tobacco growing on that land or destroy it, and any person duly authorised by the Chairman of the Board to act on its behalf may enter the land to gather and appropriate or destroy the tobacco.


 

 

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