CHAPTER 376 THE PYRETHRUM INDUSTRY ACT [PRINCIPAL LEGISLATION] . Arrangement of Sections OAG of n Section Title sio mis part i r pe PRELIMINARY PROVISIONS ou t ith 1. Short title. d w 2. Interpretation. ibu te r dis t part ii r THE TANZANIA PYRETHRUM BOAReDd o uc 3. Establishment and constitution of Board. d rep ro 4. Board to be body corporate. be 5. Functions of Board. y a 6. Minister may vary Board functions. ok m 7. Repealed. bo is 8. Power to delegate. f th 9. Meetings and procedure of Boaarrdt o. 10. Remuneration of membersN. o p 11. Appointment of Directo . erd General. 12. Liability of memberss,e e rvmployees of Board, etc.. 13. Annual report. s r e ht ll r ig ia. A part iii FINANCIAL PROVISIONS an 14. St nz f T aakeholders meeting. 15. t oFunds and resources. 1m6e. n Financing of shared functions. rn ve 17. Repealed. G o 18. Power to raise or borrow money. 25 20 19. Power to invest. © 20. Books of accounts and audit. 333 THE PYRETHRUM INDUSTRY ACT [CAP. 376 R.E. 2023] part iv MISCELLANEOUS PROVISIONS 21. Rules. 22. Repeal and savings. 23. Appeals. G. A 24. Contract farming. f Oo 25. Power to make by-laws. n iss io pe rm uto with d ibu te ist r or d ed du c proe be r ay ok m bo f th is art o o p d. N rve res e ts l ri gh Al nia . a an z T t o f en rnm ov e 25 G 0 ©2 334 CHAPTER 376 THE PYRETHRUM INDUSTRY ACT * . An Act to repeal the Pyrethrum Ordinance and enact the Pyrethrum AG Industry Act to provide for regulation improvement and development of f O n o the pyrethrum industry. siois [1st October, e1r9m97] [GN. No. 689u ot pf 1997] Acts Nos. ith o 1 of 1997 w 20 of 2009 ute d ist rib or d PART I ed uc od PRELIMINARY PRrep Or VISIONS y b e Short title 1. This Act may be cited as tkh a me Pyrethrum Industry Act. Act No. oo 20 of 2009 s. 75 b thi s Interpretation 2. In this Act, unless o tf he context otherwise requires- Act No. rt 20 of 2009 s. 76 “Board” means ot ph ae Tanzania Pyrethrum Board established under secti.o Nn 3; ed “contract efravs rming” means farming under an agreement betwe rets en financiers or pyrethrum buyers on the one part a nrigll dh pyrethrum producers on the other part; “ A iaD. irector” means the director responsible for crops; n nz a “Director General” means the chief executive officer of the f T a Pyrethrum Board; o en t “input” means planting materials, splits, agrochemicals, m ern fertilizers, farm implements and packaging materials; Gov “local government authority” means a district authority, 5 02 or an urban authority established under the Local ©2 * Through Act No. 20 of 2009 s. 75, the short title of the Act was amended to read as the “Pyrethrum Industry Act”. However, this amendment was not reflected in the long title of the Act, hence the long title is accordingly amended in order to effect such amendment. 335 THE PYRETHRUM INDUSTRY ACT [CAP. 376 R.E. 2023] Caps. 287 and 288 Government (District Authorities) Act and the Local Government (Urban Authorities) Act; “Minister” means the minister responsible for agriculture; “Northern area” includes Arusha, Kilimanjaro and Tanga . regions; G OA “pyrethrum” means the plant known botanically as f n o Chrysanthemum cinerariefolium or any part thereof, an io issd includes the dried flowers and any product of such ppel ramnt; “Pyrethrum Growers Association” means an assoouc t iation of licensed pyrethrum growers including a c th woioperative d society the constitution and rules of whbiuc the have been approved by the Minister and includes thetr idis Northern Area Pyrethrum Growers Association and otr d he Southern Area Pyrethrum Growers Association; ce du “regulatory function” means pubelpi roc function and includes quality control and licen r bseing, data collection and dissemination, market inafoy m rmation enforcement of law and order, making abnod ok enforcing rules and regulations for proper producitsi th on, processing, setting indicative prices, marketinrtg o f importation and storage of pyrethrum inputs and por po aducts and such other functions financed exclusiveleyd . bNy the Government; “sell” inclsuedr ves agreement of contract to sell; e “share r hdts function” means joint function to be undertaken by all lrli g pyrethrum stakeholders as agreed, including research, ia. Aextension services, inputs supply and improvement, n nz a pyrethrum crop development, promotion and promotion of Ta of fair trade and competition, collecting, refining, maintaining en t and disseminating data relating to the pyrethrum industry, rnme improving technologies and delivery system; v G o “Southern area” includes Iringa, Mbeya and Rukwa regions; 02 5 2 “stakeholder” means a dealer in the pyrethrum industry and © it includes the Government, local government authorities, pyrethrum growers association, cooperative societies, the pyrethrum board, private buyers and any other person with a vested interest in the pyrethrum industry; and 336 THE PYRETHRUM INDUSTRY ACT [CAP. 376 R.E. 2023] “stakeholders’ meeting” means the meeting for all stakeholders to be held at least once a year to agree on the management, funding and implementation or otherwise of the shared functions and other matters of common interest to the . stakeholders. G f O A n o PART II siois THE TANZANIA PYRETHRUM BOARD ermp ou t th Establishment 3.–(1) There shall be established a Board to be knd wo iwn as the and constitution of Board Tanzania Pyrethrum Board whose directors sh te tri abull consist of- Act No. (a) such number of persons appointed d isby the Minister 20 of 2009 s. 77 being not less than two but not m oored re than four as the Minister may decide, and beindgu p c ersons from Southern proTanzania Pyrethrum Growreing Area or nominated by the Pyrethrum Growingy bA e ssociation; (b) such number of per a k msons appointed by the Minister being not fewer thoao b n one but not more than two as the Minister may df teh icside, and being persons from Northern Tanzania Payrtr oethrum Growers Area or nominated by the PyreNto h prum stakeholders; and (c) not d. vme ore than two other persons appointed by the Mreisn erister from amongst persons who, in his opinion, htsp ossess knowledge and experience likely to be of g All r i benefit to pyrethrum industry. . nia (2) Notwithstanding the provisions of subsection (1), the nz a a Minister may, after consultation with the Board, by notice T t o f in the Gazette, vary the composition of the Board and the en authorities or associations entitled to nominate members. ern m v (3) The members appointed under paragraphs (a) and (b) of Go 5 subsection (1) shall, unless their appointments are for a lesser 02 ©2 period or are previously revoked, hold office for three years and shall be eligible for recommendation and reappointment. (4) A member appointed under paragraph (c) of subsection  (1) shall, unless his appointment is previously 337 THE PYRETHRUM INDUSTRY ACT [CAP. 376 R.E. 2023] revoked, hold office for such period as the Minister shall specify in the member’s letter of appointment, and shall be eligible for reappointment. (5) The Chairman of the Board shall be appointed by the . President and the Vice-Chairman shall be elected annually OAG from amongst the members. of sio n s Board to be body 4.–(1) The Board shall be a body corporate having perpertmu i al corporate e succession, and may in its corporate name, sue and p obu te sued and, for and in connection with the purposes owf it h this Act, may purchase, hold, manage and dispose of reaul tea dnd personal property and may enter into such contracts asi smtr ibay be necessary or expedient. or d (2) The Board shall have a common seeduc al and the seal of the Board shall be authenticated by the psroig d nature of the Chairman of the Board or of some other meem r e b ber of the Board authorised by the Chairman to act in hmisa ys tead in that behalf, and of the secretary to the Board, or soo km e person authorised by the Board to act in his stead in thhaist bbehalf. t (3) Subject to any rt od f irections by the Minister, the Board shall without further oa sp asurance under this Act, continue to own all its assets and dli. a Nbilities. erv e s Functions of 5. The Bs or eard shall carry out regulatory functions and such other Board Act No. activ riigt hites necessary, advantageous or proper for the benefit of 20 of 2009 s. 78 th. eA llpyrethrum industry and in particular shall include to- ia za n (a) consider and advise the Minister upon measures for n Ta the promotion, development and regulation of the ofnt pyrethrum industry; e rnm (b) receive, consider and advise the Minister upon any e ov recommendations, advanced by pyrethrum producers G 02 5 on their association in the interest of the pyrethrum ©2 industry; (c) issue license to persons engaged in production, buying, processing and marketing of pyrethrum; (d) ensure fair trade, competition and monitor prices as determined by market force; 338 THE PYRETHRUM INDUSTRY ACT [CAP. 376 R.E. 2023] (e) advise the Government on matters arising from the stakeholders meeting of strategy and policy related to the development for the pyrethrum industry; (f) represent the Government in local and international . fora in matters relating to the pyrethrum industry; OAG (g) enforce quality standards for production and processing of of pyrethrum; sio n is (h) enforce regulations for control of pests and diseearmp ses; and t ou (i) generally, exercise the powers conferred andith to carry d w on the duties imposed on it under the prbouv teisions of this Act or any rules made thereunder an ri dis td to do all such things as in the opinion of the Boadr od r , may be necessary, for the development of the pyrdeut che rum industry. pro Minister may 6. The Minister may, by an order ep ru e blished in the Gazette, add vary Board b functions to, subtract from or vary the fu many ctions of the Board hereinafter provided. ok bo is Repealed 7. [Repealed by Act th Nof o. 20 of 2009, s.79.] artp Power to delegate 8. The Board .m o Nay, by resolution, delegate to any committee, member, offirvec der or employee of the Board the exercise of any of the p o e rews ers which the Board is authorised by this Act to exerc ts igishe, either generally or in any particular case. r A ll Meetings and 9ia..–(1) Ordinary meetings of the Board shall be convened by procedure of za n Board an the Chairman or if the Chairman is temporarily absent from f T t o the United Republic, or is incapacitated by illness or other n me sufficient cause from performing the duties of his office, by ernv the Vice-Chairman and notice specifying the place, day and o 5 G hour of the meeting shall be given to each member by being 02 ©2 delivered at, or sent by post or otherwise to, his usual place of business or residence at least fourteen days before the date of such meeting. (2) The Chairman or if the Chairman is temporarily absent from the United Republic or is incapacitated by illness or 339 THE PYRETHRUM INDUSTRY ACT [CAP. 376 R.E. 2023] other sufficient cause from performing the duties of his office, the Vice-Chairman shall, at any time be bound to convene a special meeting of the Board upon receipt of a request signed by two members of the Board calling upon him so to do, but . not less than twenty one days’ notice of such a meeting shall be AG O given to all members within the United Republic. of n (3) At every meeting of the Board, fifty per centum isosf io members shall form a quorum. pe rm (4) In the absence of the Chairman and Vice-Chuat o irman from any meeting of the Board, the Chairman for suwci hth meeting d shall be chosen from the members present. uteb (5) The Chairman shall have a casting tri dains d a deliberative vote, and decisions of the majority of md eo rm bers present and voting at a meeting of the Board shall bde e u cdeemed to be decisions of the Board. ro ep (6) Subject to the provisions b eo rf section 8, all acts, matters or things authorised or requ imr aeyd to be done by the Board shall be decided by resolution baot o kany meeting at which a quorum is present. his t (7) Subject to thret op f rovisions of this section, the Board shall have power to reog pu alate its own proceedings. (8) The Boeda . rNd shall meet at least four times a year. rv se Remuneration of 10. The e ts rBoard may pay such travelling and other expenses members as m gh l riay have been reasonable incurred by its members in the l p A iae. rformance of their duties under the Act and may, with anz the approval of the Minister, pay the members such other n f T a remuneration as it may determine. nt o e Apprnomintment of 11.–(1) The Minister shall, upon recommendation of the Dvierector General oAct No. Board of Directors, appoint the Director General who shall be 5 G 02 20 of 2009 s. 80 the Secretary of the Board. ©2 (2) The Board may- (a) appoint at such salaries and upon such terms and conditions as it may think fit, such officers and employees as it may deem necessary for the proper and efficient functions of the Board; 340 THE PYRETHRUM INDUSTRY ACT [CAP. 376 R.E. 2023] (b) grant pensions, gratuities or retiring allowances to any officer or employee and may require officers and employees to contribute to any pension or superannuation scheme; . (c) establish and make contributions to a pension or OAG superannuation fund or a medical fund for its offices f n o and employees; io iss (d) appoint and employ upon such terms and condpiet rimons such agents and contractors as it may deem neocue t ssary. ith w Liability of 12. A matter or thing done by the Chairman d members, u teor any other employees of member, or any officer or employee of thei sBtr iboard shall not, Board, etc. if the matter or thing be done bona fide d o rfor the purpose of exercising any provision of this Act r e uecndder such Chairman, member, officer of employee or a d prnoy person acting by his directions, personally responsib e be lre for any action, liability, claim or demand whatsoever. y a k mo Annual report 13. The Board shall prepisa br oe an annual report on its operations, and such report sh aofl lth be published in such manner as the t Minister may di rpea rct and shall be laid on the table of the National AssemNbod. ly. erv e s r es PART III ht ll r ig FINANCIAL PROVISIONS . A Stakeholders an ia z 14.–(1) For the purpose of promoting the development of the meeting an Act No. f T pyrethrum industry, there shall be a stakeholder’s forum which t o20 of 20e0n9 s. 81 shall be responsible for - ern m (a) putting in place mechanisms for the management and Gov funding of the shared functions; 02 5 (b) making procedures for conducting the annual general ©2 meetings; (c) determining modalities for financing its activities and meetings; and (d) establishing stakeholders’ secretariat and other organs for better carrying out the shared functions. 341 THE PYRETHRUM INDUSTRY ACT [CAP. 376 R.E. 2023] (2) The stakeholders’ shall meet at least once a year to agree on the funding and implementation of the shared functions and other matters. Funds and 15. The funds and resources of the Board shall consist of- AG. resources Act No. (a) such sums as may be voted for the purpose by of O 20 of 2009 s. 82 Parliament; and sio n s (b) any sum or property which may in any manner beceorm i e payable to or vested in the Board as a resul t p otu of the performance of its functions. ith d wte Financing of 16. For the purpose of financing shared functisotrn ibsu, stakeholders shared functions Act No. may put in place a mechanism for the man di ora gement and mode 20 of 2009 s. 83 of contribution. ed du c ro Repealed 17. [Repealed by Act No. 20 of 20 0re9 p s. 84.] y b e Power to raise or 18. The Board may, with thk me aprior approval of the Minister, borrow money raise or borrow, whether b ob oy way of mortgage, bank overdraft or otherwise, such sumh iosf t f money for or in connection with the exercise of its funcatrti oons, powers and duties under this Act as the Board may p . Ndoeem necessary. edv Power to invest 19. Subjecetrs to the prior approval in writing of the Minister and in tcs r e h onsultation with the Minister responsible for finance, the ll Bri goard may participate in any investment as the Board ma. i aAy think fit and may vary, withdraw or realise any such n za investments. Tan of Books oefn at ccounts 20.–(1) The Board shall cause to be kept proper books of and namudit Acetr No. accounts with respect to- o2v G 0 of 2009 s. 85 (a) all sums of money received and expended by the 02 5 Board and matters in respect of which the receipt and ©2 expenditure take place; (b) the assets and liabilities of the Board; and shall cause to be made out in every financial year a balance sheet showing in detail the assets and liabilities, and the 342 THE PYRETHRUM INDUSTRY ACT [CAP. 376 R.E. 2023] income and expenditure of the Board and every such balance sheet shall contain a certificate by the Board that it has adopted the same. (2) The accounts of the Board may be audited annually by . the Controller and Auditor-General. OAG (3) The report of the auditor appointed under the provisions of n of subsection (2) shall state- siois (a) whether he has obtained all the informationp e ramnd explanations which to the best of his knowleodug t e and belief were necessary for the purposes of hisw ait h udit; d (b) whether, in his opinion, proper bookbus t eof accounts have been kept by the Board so far adsi sa trpi pears from his examination of those books; d o r (c) whether the balance sheet and diun cecome and expenditure account are in agreement wepi rtoh the books of accounts; and be r (d) whether in his opinion aaynd in the best of his information and according to tohk m bo e explanations given to him, the income and ex tph ise nditure account gives a true and fair view of the i nofrt come and expenditure for the year and the balanoc pe a sheet given a true and fair view of the state of thee dB . Noard’s affairs at the end of the financial year. (4) A csoerp vy of the accountants, audited in accordance with e subsecht r tsi on (2), together with the report of the auditor shall be laid ig ll ron the table of the National Assembly by the Minister. A nia . nz a PART IV Ta t o f MISCELLANEOUS PROVISIONS en Ruelrn m v es 21.–(1) The Board shall, after obtaining approval of the o 5 G Minister, make rules generally for the better carrying out of 02 ©2 the purposes and provisions of this Act and, without prejudice to the generality of the foregoing, make rules in respect of any or all of the following matters- (a) regulating the production, marketing and processing of pyrethrum growing in the United Republic; 343 THE PYRETHRUM INDUSTRY ACT [CAP. 376 R.E. 2023] (b) providing for the submission of reports, information and statistics by pyrethrum producers to the Board or the Commissioner relating to the production of pyrethrum and the quantities of pyrethrum which are . expected to be available for marketing; OAG (c) providing for the grading of pyrethrum; of n (d) prescribing the grades of pyrethrum; io iss (e) prescribing the form of any permit, export or exemppe rtmion to be issued under this Act and the form of appouli t cation thereof and prescribing the fees to be paid in irth w espect of d such permit or export licence; te bu (f) prescribing the procedure for the coldlise tcri tion and use of any levy imposed under this Act; daonr d (g) prescribing anything which isd ut coe be prescribed under this Act. ro ep (2) Any such rules made h ebre erunder may require acts or things to be performed or domna ey to the satisfaction of the Board and may prohibit acts obor o kthings from being performed or done without the prio is trh a pproval of the Board, may empower the Board to impos f ret o conditions and may prescribe periods or dates upon, with a No ipn or before which, such acts or things shall be performed . ed or done or undone and such conditions shall be fulfilled. se rv e (3) hR r tsu les made under this section- (lla ri) g may be of general application throughout the United A ia. Republic, or any of such rules may be limited in their za n n application to certain areas of the United Republic or of Ta otherwise as the Board may think fit; and en t (b) may fix penalties for the breach thereof not in excess of a rnme fine of one hundred thousand shillings or twelve months ov G imprisonment, or both such fine and imprisonment. 5 20 2 © Repeal and 22.–(1) [Repeals the Pyrethrum Ordinance.] savings Ord. No. (2) A licence or permit issued under the Ordinance hereby 1 of 1960 repealed and substituting at the date of the coming into operation of this Act shall be deemed to have been issued under this Act. 344 THE PYRETHRUM INDUSTRY ACT [CAP. 376 R.E. 2023] Appeals 23. A person aggrieved by the decision of the Board on matters Act No. 20 of 2009 s. 86 which are regulatory in nature may, within sixty days from the date of the decision, appeal in writing to the Minister. Contract farming 24.–(1) A registered farmer may, for the purpose of facilitating G. Act No. A 20 of 2009 s. 86 farming activities, enter into a contract farming with financier of O pyrethrum buyers, processor, investors or banker. ion ss (2) The contract farming entered into under subsectioen i rm (1) shall be in the prescribed standard form and shall conotua ti pn- (a) name, address and status of the registered fa it wrmh er; (b) name, address and status of the financier;tedu (c) obligations of the parties; ist rib (d) type or kind of facilitation to be gr aorn dted to the farmer; (e) terms and conditions imposed oneduc the farmer; and (f) such other information as pmro day be necessary for the purpose of the contract faer rb me ing. (3) Every contract farminmga ye ntered into under this section shall be submitted to the B k oo a rd for perusal and registration. (4) The Board shall mhiso bnitor the implementation of contract t farming in order to p orf rt otect rights of both parties. (5) A person a ob peing a financier, pyrethrum buyer, processer, investor or badn. k Ner shall not facilitate a registered farmer in any manner wi e setrh v out a contract of farming as required under this sectiont. e s r (l6 ri)g hA person who contravenes this section, commits an l oaff. A i ence and on conviction, shall be liable to a fine of not less n za than five million shillings or to imprisonment for a term of not an f T less than six months but not more than two years or to both. t on Powrnem e r to make 25. The local government authorities may, in consultation b ov ye-laws Act No. with the Minister, make by-laws for the better carrying out G 02 5 20 of 2009 s. 86 of the shared functions agreed upon by stakeholders in the ©2 pyrethrum industry. 345 G. A of O sio n is rm t p e ou ith ted w u str ib i or d ce d u rod re p e ay b k m oo his b f t art o No p ed . rv se ts re igh All r nia . nz a a f T nt o me ve rn 5 G o 2 ©20