CHAPTER 35:01
AGRICULTURAL CHARGES

ARRANGEMENT OF SECTIONS

    SECTION

PART I
Preliminary

    1.    Short title

    2.    Interpretation

PART II
Agreements

    3.    Application of the Act to an agreement

    4.    Certificate of indebtedness

    5.    Registration of certificates of indebtedness

    6.    Cancellation of certificates of indebtedness

PART III
Sale of Produce to a Buyer

    7.    Sale of agricultural produce to or through a buyer

    8.    Payment by a buyer to the bank

    9.    Income tax

    10.    Special provision where the buyer is a co-operative

PART IV
Hypothecation and Sale of the Movable Assets of a Farmer

    11.    Hypothecation of movable assets

    12.    Special provision where livestock hypothecated

    13.    Marking of hypothecated property

    14.    Sale of hypothecated property without an order of court

PART V
Supplementary

    15.    Statement by a farmer of his assets and liabilities

    16.    Security other than under the Act

    17.    Regulations

Act 2, 1967,
Act 30, 1975,
Act 35, 1977,
Act 40, 1978.

An Act for providing additional security for moneys owing by farmers to the National Development Bank.

[Date of Commencement: 28th April, 1967]

PART I
Preliminary (ss 1-2)

1.    Short title

    This Act may be cited as the Agricultural Charges Act.

2.    Interpretation

    In this Act, unless the context otherwise requires—

    "agricultural produce" means crops or horticultural produce whether future, growing, or severed from the land, and after severance whether subjected to any treatment or manufacture or not; livestock and the produce and progeny thereof; and other agricultural or horticultural produce whether subjected to any treatment or process of manufacture or not;

    "agriculture" has the meaning assigned to it in section 2(1) of the National Development Bank Act (Cap. 74:05);

    "bank" means the National Development Bank as established by the National Development Bank Act;

    "buyer" means a person to whom or through whom agricultural produce is required to be sold in accordance with the provisions of section 7;

    "certificate of indebtedness" means the certificate referred to in section 4;

    "farmer" means a person who is engaged in agriculture;

    "livestock" includes—

    (a)    any bovine animal, horse, ass, mule, sheep, goat, or pig;

    (b)    any fowl, goose, duck, or turkey kept for commercial purposes;

    "loan" includes the contracts known in Setswana as "go fisa", and any similar contract;

    "movable assets" shall—

    (a)    include all agricultural produce;

    (b)    exclude property not liable to attachment in satisfaction of a judgment debt in the High Court.

PART II
Agreements (ss 3-6)

3.    Application of the Act to an agreement

    Any written agreement between a farmer and the bank under which moneys are payable, or may become payable, to the bank, whether on its own account or as agent for the Government, may provide that this Act shall apply to the agreement; and if it does so provide, then this Act shall apply.

4.    Certificate of indebtedness

    (1) Whenever an agreement is concluded, the farmer and an agent or servant of the bank authorised thereto shall certify as correct a certificate of indebtedness which shall contain the following—