THE TOBACCO REGULATION ACT

8th July 1970

1. This Act may be cited as the Tobacco Industry  Regulation Act. 

2. In this Act-

“Authority” means the Tobacco Industry Control Authority established under section 3; 

“chairman” means the chairman of the Authority and includes any person for the time being performing the functions of chairman; “functions” includes duties and powers; 

“nursery” means any place used for the production or cultivation of tobacco plants or tobacco seedlings;

 “tobacco dealer” means any person who purchases tobacco for resale or for processing or for the manufacture of any tobacco product; 

“tobacco product” means any product the principal constituent of which is tobacco;

 “tobacco works” means any plant, machinery, appliances or other apparatus whether similar to the foregoing or not, and any premises, used for curing or processing tobacco or for the manufacture of tobacco products

3. (1) There shall be established a body to be called the corporate with perpetual succession and a common seal and with the power to acquire, hold and dispose of property, (2) The provisions of the Schedule shall have effect as to the constitution, operations
to enter into contracts, to sue and be sued in its said name and to do all things necessary for the purposes of this Act. and expenses of the Authority and otherwise in relation thereto.

(3) The seal of the Authority shall be authenticated in manner prescribed in the Schedule and shall be judicially and officially noticed. 

4. (1) It shall be the duty of the Authority-

(a)to promote the interests and efficiency of the tobacco industry of Jamaica, to assist in its development and to promote the welfare of persons engaged in that industry;

(b)to secure the most favorable arrangements for the production, handling and marketing of tobacco; 

(c)to perform such other duties in relation to, or connected with, the tobacco industry or persons engaged in that industry as the Minister may require to be performed by the Authority

(2) Subject to the provisions of this Act, the Authority shall have power, for the purpose of discharging any of its functions under this Act, to do anything and to enter into any transaction which, in the opinion of the Authority, is necessary to ensure the proper discharge of its functions.

(3) In particular and without prejudice to the generality of the provisions of subsection (2) the Authority shall have power-

(a) to establish, maintain and operate nurseries; 

(b) to establish, maintain and operate tobacco plantations or tobacco works; 

4.  (4) It shall be the duty of the Authority-

• to promote the interests and efficiency of the tobacco industry of Jamaica, to assist in its development and to promote the welfare of per- sons engaged in that industry;
• to secure the most favorable arrangements for the production, handling and marketing of tobacco;
• to perform such other duties in relation to, or con- nected with, the tobacco industry or persons engaged in that industry as the Minister may require to be performed by the Authority.

(2) Subject to the provisions of this Act, the Authority shall have power, for the purpose of discharging any of its functions under this Act, to do anything and to enter into any transaction which, in the opinion of the Authority, is necessary to ensure the proper discharge of its functions.

(3) In particular and without prejudice to the generality of the provisions of subsection (2) the Authority shall have power-

(a) to establish, maintain and operate nurseries;

(b) to establish, maintain and operate tobacco plantations or tobacco works;

(c) to cultivate, cure or process tobacco and manufacture any tobacco product, and purchase, prepare for market, store, transport, distribute, sell or export any tobacco or tobacco product;

(d) to establish, maintain or operate research stations for undertaking investigations into any matter relating to the development of the tobacco industry.

4B.-(1) Subject to the provisions of subsection (2), the Authority may borrow sums required by it for meeting any of its obligations or discharging any of its functions.

(2) The power of the Authority to borrow shall be exercisable only with the approval of the Minister after consultation with the Minister responsible for finance as to the amount, source of borrowing and terms on which the borrowing may be effected, and an approval given in any respect for the purposes of this subsection may be either general or limited to a particular borrowing or otherwise,and may be either unconditional or subject to conditions.

4.-(1) The Minister may from time to time make advances to the Authority out of moneys provided by Parliament for the purpose.

(2) With the approval of the House of Representatives the Minister responsible for finance may guarantee, in such manner and on such conditions as he thinks fit, the repayment of the principal and the payment of interest on any authorized borrowings of the Authority made other- wise than by way of advance under subsection (1).

(3) Where the Minister responsible for finance is satisfied that there has been default in the repayment of any principal moneys or the payment of interest guaranteed under the provisions of this section he shall direct the repayment or, as the case may be, the payment, out of the Consolidated Fund of the amount in respect of which there has been such default and any such repayment or payment shall be a charge on the Consolidated Fund.

4c. The Authority shall make to the Accountant-General, at such times and in such manner as the Minister or other person designated by the Minister may direct, payments of such amount as may be so directed in or towards repayment of advances made to the Authority under subsection (1) of section 4~ and of any sums issued in fulfillment of any guarantee given under that section, and payments of interest on any sum outstanding for the time being in respect of such advances and of any sums so issued at such rate as the Minister may direct, and different rates of interest may be directed as respects different advances or sums and as respects interest for different periods.

5.-(1) The Authority may, with the approval of the Minister, make regulations-

(a) providing for the registration, subject to such exemptions as may be specified-

(i) of all tobacco growers or any particular class of tobacco growers;

(ii) of all tobacco dealers or any particular class of tobacco dealers;

(iii) of all nurseries or any particular class of nursery;

(b) providing for the keeping of any register pursuant to the provisions of paragraph (a) and the form of any such register and the procedure to be followed in relation to the registration of any person or undertaking required to be registered pursuant to such paragraph and the fees to be paid in respect of such registration;

6.-(1) The Minister may by order impose upon the proceeds of the sale by any person in Jamaica of any tobacco or tobacco product whether such sale takes place in Jamaica or elsewhere, a cess at such rate as the Minister may approve: on the recommendation of the Authority.

(2) The amount of any cess under subsection (1) shall when collected be paid to the Authority.

7. The Minister may, after consultation with the chairman, give to the Authority directions of a general character

as to the policy to be followed by the Authority in the performance of its functions and the Authority shall give effect to such directions.

8.-(1) Any person aggrieved by any decision of the Authority may appeal to the Minister in the prescribed

manner.

(2) The Minister shall consider every appeal made under subsection (1) at such time and in such manner either in the presence or absence of the appellant and shall make such order in relation to such appeal as the Minister may think fit.

(3) Every decision of the Minister upon any appeal made pursuant to the provisions of this section shall be final and shall not be questioned in any legal proceedings.

---