Produce Protection Act (Chapter 32)
Uganda
Produce Protection Act
Chapter 32
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Commenced on 15 July 1913
- [This is the version of this document as it was from 15 July 1913 to 30 June 2015.]
- [Note: The version of the Act as at 31 December 2000 was revised and consolidated by the Law Reform Commission of Uganda. All subsequent amendments have been researched and applied by Laws.Africa for ULII.]
In this Act— Every person found loitering or lurking about any plantation, unless he or she can give satisfactory reason to the court before whom he or she is tried for that loitering or lurking, commits an offence and is liable on conviction to imprisonment for a period not exceeding two months or to a fine not exceeding four hundred shillings or to both such imprisonment and fine. Whenever any produce is found in the possession of any person who is unable to give a satisfactory account of his or her possession of the produce, that person commits an offence and is liable on conviction to the punishment provided for theft under section 261 of the Penal Code Act. It shall not be lawful for any person to purchase or take in barter or exchange or receive any produce from any labourer employed on any plantation, and any person contravening this section commits an offence and is liable on conviction to imprisonment for a period not exceeding six months or to a fine not exceeding two hundred shillings or to both such imprisonment and fine. Any administrative officer, police officer or justice of the peace (hereafter called an "authorised person") may, without warrant, arrest any person reasonably suspected of having committed an offence against this Act; and an authorised person may call upon any person to aid and assist him or her in the execution of his or her duty, and if any person so called upon neglects or refuses without lawful excuse to aid and assist the authorised person every such offender commits an offence. If any person assaults, obstructs, hinders or resists any authorised person in the execution of his or her duty or any person acting in the aid of the authorised person, every such offender commits an offence. Whenever an authorised person has reasonable cause to believe that any person is in possession of tea, coffee, tobacco or rubber, the authorised person may require that person to disclose the contents of any sack, basket, bundle, package, vehicle or other receptacle in the custody or possession of that person; and if any person refuses or neglects to disclose the contents, he or she commits an offence. Any person who commits an offence against sections 5, 6 and 7 is liable on conviction to a fine not exceeding two hundred shillings or to imprisonment for a period not exceeding three months or to both such fine and imprisonment. The Minister may make rules— and may fix such penalties for the breach or nonobservance of any rule as he or she may think proper, not exceeding imprisonment for a period of two months or a fine of four hundred shillings or both such imprisonment and fine. In any rules made under section 10, the Minister may provide that any administrative officer or police officer may, without warrant, arrest any person reasonably suspected of having committed a breach or nonobservance of any such rule. The power of making rules conferred on the Minister by section 10 shall extend to rules providing for the licensing of buyers and growers of and dealers in produce and imposing fees and conditions for the issue of licences. Notwithstanding anything in this Act, no licence governed by rules issued under this Act shall be deemed to dispense with the necessity for a licence under any other Act for the time being in force and applicable to the circumstances. After the publication of any rules under section 12 and subject to those rules, the penalties for dealing in or buying produce without a licence contrary to the rules or for any breach or nonobservance by a licensee of any of the provisions of this Act (other than sections 5, 6 and 7) or rules shall be as follows—
1. Interpretation
2. Loitering or lurking on plantation
3. Possessor of produce to be deemed guilty of theft until contrary is shown
4. Restriction on purchase of produce
5. Arrest without warrant for offences
6. Assaulting, etc. any authorised person
7. Power of authorised person
8. Provisions in suit against authorised person
9. Penalty
10. Rules
11. Rules may provide for arrest without warrant
12. Power to make rules for the licensing of dealers
13. Saving of licensing provisions in other Acts
14. Penalties