Mauritius
Mauritius Agricultural Marketing Act
Act 38 of 1963
- Commenced on 1 February 1964
- [This is the version of this document at 30 June 2017.]
Preliminary
1. Short title
This Act may be cited as the Mauritius Agricultural Marketing Act.2. Interpretation
In this Act—"Board" means the Agricultural Marketing Board established under section 3;"buying agent" means any person authorised by the Board to acquire any controlled product by purchase on behalf of the Board;"consumer" means any person who buys any controlled product for any purpose other than for manufacture or sale;"controlled product" means any product of Mauritius and any imported product, declared by the Minister under section 13 to be a controlled product;"co-operative society" means any co-operative society which is registered under the Co-operatives Act;"dealer" means any person who—(a)acquires any controlled product for the purpose of manufacture or sale; or(b)imports into Mauritius any controlled product for the purpose of manufacture or sale;"financial year" has the same meaning as in the Statutory Bodies (Accounts and Audit) Act;"miller" means any person who mills or processes any controlled product for any purpose other than for consumption by himself, his household, his servants or his livestock;"prescribed area" means any area prescribed by the Minister under section 13 (1);"producer" means—(a)any person who grows or, in the case of livestock, rears, or, in the case of fishery, gathers, any controlled product; and(b)in respect of a controlled product surrendered to the Board which has been grown, reared or gathered by a member of a co-operative society, a co-operative agricultural society or company registered under any enactment who is under an obligation to deliver the controlled product to the co-operative society, agricultural society or company, from the time of surrender to the Board, the co-operative society, agricultural society or company;"product" means any produce or marine produce grown or gathered in the course of agriculture or fishery, including any livestock or poultry reared by producers and all meat or flesh and all other products derived from the livestock, poultry and marine produce;"receiving depot" means a receiving depot appointed by the Board under section 17 (2);"sell" includes—(a)sell by auction;(b)offer or attempt to sell;(c)expose, display or advertise for sale;(d)sell or let out under an agreement in accordance with any enactment relating to hire purchase; and(e)exchange or dispose of for any valuable consideration.Part I – Establishment of Agricultural Marketing Board
3. Agricultural Marketing Board
4. Constitution of Board
4A. Vice-Chairperson
5. Meetings of Board
6. Remuneration of members
Any member of the Board who is not a public officer may be paid from the funds of the Board such fees as may be determined by the Minister, and the ex officio members of the Board shall be paid from those funds such allowances as the Minister thinks fit to meet any reasonable expenses incurred by them in connection with the business of the Board or any of its committees.7. Committees of Board
8. Communication of decisions
Where any order is made or direction issued by the Board or by a committee of the Board under this Act, the Board shall cause notice of the effect of the order or direction to be given as soon as may be in the Gazette and in such other manner as the Board thinks necessary for bringing it to the notice of all persons who, in the opinion of the Board, ought to have notice of the order or direction.9. Proceedings and liability of members
Part II – Functions and powers of Board
10. Functions of Board
The functions and duties of the Board shall be to—11. Powers of Board
Subject to the general or specific approval of the Minister, the Board may—12. Purchase of controlled products
Part III – Controlled products and prices
13. Declaration of controlled products
14. Fixing of prices
15. Trading equalisation reserve
Part IV – Other matters relating to controlled products
16. Registration
17. Surrender of controlled products
18. Products not due to be surrendered
19. Board may authorise sales
Notwithstanding section 17, the Board may, by regulations, declare that any controlled product specified in the regulations and grown in the area described in them may be sold by its producer to a consumer in such area, in such quantity, during such period and in accordance with such conditions as may be specified in the regulations, and thereupon any such controlled product shall not be due to be surrendered to the Board and may be lawfully sold by its producer.20. Quota allocations
Subject to the approval of the Minister, the Board may arrange quota allocations, rationing or other distributive schemes in respect of any controlled product due to be surrendered to it under this Act.21. Duties of buying agents
22. Payments to buying agents
Where a buying agent buys any controlled product from a producer on behalf of the Board, the Board shall pay to him in respect of the product a handling and transport fee which shall be reasonable and commensurate with the work and responsibilities involved.23. ***
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Part V – Miscellaneous
26. Powers of entry and examination
27. Regulations
28. Offences and penalties
29. Evidence
History of this document
30 June 2017 this version
Consolidation
01 February 1964
Commenced