Cotton Development Act
- Commenced on 10 May 1994
- [This is the version of this document at 31 December 2000.]
- [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.]
Part I — Interpretation
1. InterpretationIn this Act, unless the context otherwise requires—(a)"board" means the board of directors established under section 6;(b)"cess" means a levy on the value of sales ex-ginnery of all lint cotton;(c)"chairperson" means the chairperson of the board appointed under section 6(2);(d)"cotton" includes seed cotton, lint cotton and cotton seed;(e)"cotton plant" means the growing plants, cuttings, buds and grafts, seeds, leaves, bolls or any portion of the cotton plant in a natural state;(f)"cotton seed dressing" means chemical treatment against seedling diseases and infection approved by the Ministry responsible for agriculture;(g)"cotton subsector" means a division or part of the agricultural sector policy of the Government dealing with cotton;(h)"cotton variety" means a population of cotton plants which have common ancestors and which have certain characteristics which when reproduced sexually or asexually retain their distinguishing features;(i)"financial year" means for any accounting period a period of twelve months ending on the 31st October;(j)"ginnery" includes the building in which the actual ginning of raw cotton takes place and all machinery, stores, buying sheds and other buildings erected on the ginnery site;(k)"indicative price" means that price which will be determined and announced from time to time by the organisation for the purpose of guiding buyers and sellers of cotton seed, seed cotton and lint in arriving at what they consider a fair price;(l)"lint cotton" means ginned seed cotton;(m)"Minister" means the Minister responsible for cotton processing and marketing;(n)"organisation" means the Cotton Development Organisation established under section 2;(o)"outturn test" means a test to determine the quantity of lint in a sample of seed cotton;(p)"seed cotton" means unginned cotton;(q)"segregated area" means an isolated area established under section 8(1);(r)"zone" means seed cotton zone as established under section 9.
Part II — Establishment, powers, objectives and functions of the organisation
2. Establishment of the organisation
3. Powers of the organisationThe organisation may, for and in connection with its objectives and functions under this Act, borrow money, impose a cess on sales of lint cotton, purchase, hold, manage and dispose of any property, whether movable or immovable, and may enter into any contract and other transaction as may be expedient and may charge for services provided by it and do any other act done by a body corporate.
4. Objectives of the organisationThe objectives of the organisation shall be to promote and monitor production and marketing of cotton and represent all aspects of the cotton industry.
5. Duties of the organisationThe duties of the organisation shall be—
Part III — Board of directors
6. Board of directors of the organisation
7. Duties of the board
Part IV — Cotton production
8. Isolated and segregated areas
9. Establishment of cotton zonesThe Minister responsible for agriculture may, in consultation with the organisation, set out zones by statutory instrument for cultivation and may restrict movement of cotton into and out of those zones.
10. Distribution and planting of cotton seed
11. Power to prohibit movement of cotton seed
12. Destruction of pestiferous cotton seed
13. Minister may order destruction of cotton plants, etc.
14. Offence and penalty relating to the destruction and planting of cotton plantsAny person who contravenes the provisions of any instrument published under section 13 commits an offence and is liable on conviction to a fine not exceeding five hundred thousand shillings.
15. ExemptionThe Minister responsible for agriculture may, in consultation with the organisation, exempt any person from compliance with the provisions of any instrument published under section 13 if he or she is satisfied that the exemption is desirable for the purpose of scientific or experimental work.
Part V — Regulation of the marketing and processing of cotton
16. Registration to engage in marketing and processing of cotton
17. Other offences and penaltiesAny person who contravenes a provision of this Act or a condition of any registration commits an offence and is liable on conviction to a fine not exceeding two million shillings and cancellation of the registration by the organisation.
18. Replacement of a lost or destroyed registrationIf a registration issued under this Act is lost or destroyed, the holder of the registration may apply to the organisation with proof to the satisfaction of the organisation of the loss or destruction of the registration, and the organisation shall issue a certified copy of the registration on payment of a prescribed fee; and the certified copy of the registration shall be a registration for the purpose of this Act.
19. Cotton marketing seasonThe organisation shall, in consultation with the Ministry responsible for trade and industry, announce the commencement and closure of the cotton marketing season.
20. Duties of a registered ginner
21. Records of transactions
Part VI — Staff of the organisation
22. Managing director
24. Other staff
25. Protection against civil liabilityNothing done by an officer or employee of the organisation shall, if done bona fide for the purpose of putting the provisions of this Act into effect, subject him or her to any civil liability.
Part VIII — Miscellaneous provisions
30. Ministries, departments, etc. to cooperate with the organisationEvery Ministry, department, other division of the Government, parastatal body or private company shall afford the organisation all reasonable opportunity for consultation and shall, subject to any law, provide the organisation with any information that the organisation may require.
31. Vesting of assets and liabilities
History of this document
31 December 2000 this version
10 May 1994