COTTON ACT: INDEX TO SUBSIDIARY LEGISLATION
Cotton (Control of Diseases) Regulations
COTTON (CONTROL OF DISEASES) REGULATIONS
[Section 2]
[RETAINED AS PER S.15 OF INTERPRETATION AND GENERAL PROVISIONS ACT]
[Regulations by the Minister]
Arrangement of Regulations
Regulation
1. Title
2. Interpretation
3. Application
4. Order for destruction of cotton plants
5. Failure to comply with notice
6. Failure to uproot sprouts
7. Destruction of plants by Director of Agriculture
8. Recommendation for these Regulations to be applied to an area
9. Prescribed areas
10. Right to enter and search for diseases
GN 115 of 1925,
GN 286 of 1951,
GN 287 of 1951,
GN 288 of 1951,
GN 13 of 1955,
GN 289 of 1955,
GN 319 of 1964.
These Regulations may be cited as the Cotton (Control of Diseases) Regulations.
In these Regulations, unless the context otherwise requires—
“area” means any area defined in the Schedule or which may hereafter be defined by regulation;
“prescribed area” means any area to which the Minister may hereafter, by statutory notice, declare that these Regulations shall apply.
[As amended by No. 319 of 1964.]
The
[As amended by No. 319 of 1964]
4. Order for destruction of cotton plants
The
(a) all cotton plants, planted more than four months prior to such date, in any prescribed area therein specified, shall be uprooted and destroyed by burning; and
(b) all cotton plants planted as aforesaid in such area but which have been or become severed from the soil, and all portions of cotton plants planted as aforesaid in such area which have been or become severed from such cotton plants, shall be burnt.
[As amended by No. 319 of 1964.]
5. Failure to comply with notice
The owner, lessee or occupier of land in any prescribed area specified in any notice issued under the provisions of regulation 4 who shall fail to uproot and burn, or to burn, as the case may be, any cotton plant or portion thereof, being on such land and to which such notice relates, prior to the date specified in such notice, shall be deemed to have contravened these Regulations. In addition, the person who planted or caused to be planted any such cotton plant which or any portion of which shall not have been uprooted and burnt, as the case may be, prior to the date specified in such notice, shall be deemed to have contravened these Regulations.
If, in contravention of these Regulations, any cotton plant to which a notice issued under the provisions of regulation 4 applies shall not have been properly uprooted from the land, with the result that a sprout has grown from the root or portion of the root which has not been uprooted, the owner, lessee or occupier of the land, or the person who planted or caused such cotton plant to be planted, shall forthwith uproot and burn such root or portion of a root and the sprout growing therefrom, and, if the same shall not be forthwith so uprooted and burnt, all the persons previously mentioned in this regulation shall be deemed to have contravened these Regulations.
7. Destruction of plants by Director of Agriculture
If, in contravention of these Regulations and of any notice issued under the provisions of regulation 4, any cotton plant or portion thereof or root with sprout growing therefrom on any land shall not have been uprooted and burnt, or burnt, as the case may be, by the owner, lessee or occupier of such land, or by the person who planted or caused such cotton plant to be planted (hereinafter in this regulation referred to as “the persons responsible”), the Director of Agriculture, or any person thereto authorised by him, may cause such cotton plant or portion thereof or root with sprout growing therefrom to be uprooted and burnt, or burnt, as the case may be, and, in such event, all of the persons responsible shall be jointly and severally liable for any expense incurred by such uprooting and burning, or burning, as the case may be, in addition to their liability to the penalties prescribed by the Act for the contravention of these Regulations.
8. Recommendation for these Regulations to be applied to an area
Whenever, in any area which is not a prescribed area, a resolution has been passed recommending that such area shall be declared to be an area to which the provisions of these Regulations shall apply, the Minister may, by statutory notice, declare such area to be an area to which these Regulations apply, if—
(a) the resolution was passed at a meeting convened by the Director of Agriculture upon a written request signed by not less than 10 owners or lessees of land engaged in the business of growing cotton in such area; and
(b) one month’s notice of such meeting was given by advertisement in a newspaper circulating in such area; and
(c) the Director of Agriculture, or some person nominated by him, presided at such meeting, and the said resolution was duly put to the meeting and carried by a 75 per centum majority of the owners or lessees of land in such area, engaged therein in the business of growing cotton.
[As amended by No. 319 of 1964.]
The Minister may, at any time, by statutory notice, declare that a prescribed area shall cease to be a prescribed area, and such area shall thereupon cease to be a prescribed area.
[As amended by No. 319 of 1964.]
10. Right to enter and search for diseases
The Director of Agriculture, or any person thereto authorised by him, shall have access at all times to any land upon which cotton is grown, for the purpose of searching for diseases or pests, or, in the case of a prescribed area, of ascertaining whether these Regulations have been complied with.
SCHEDULE
[Regulation 2]
SCHEDULED AREAS
1-THE LIVINGSTONE AREA
The Livingstone District.
2-THE KALOMO AREA
The Kalomo District.
3-THE MAZABUKA AREA
The Mazabuka District.
4-THE NAMWALA AREA
The Namwala District.
5-THE LUSAKA AREA
The Lusaka District.
6-THE MUMBWA AREA
The Mumbwa District
7-THE KABWE AREA
The Kabwe Rural District
8-THE MKUSHI AREA
The Mkushi District.
9-THE NDOLA AREA
The Ndola Rural District.
10-THE COPPERBELT AREA
The Chililabombwe, Chingola, Kalulushi, Kitwe, Luanshya and Mufulira Districts.
11-THE EASTERN AREA
The Eastern Province.
12-THE CHOMA AREA
The Choma District.
[288 of 1951 as amended by Nos. 13 and 289 of 1955.]