VOLUME 9

CONTENTS Chapter 111. Chapter 112. Chapter 113. Chapter 114. Chapter 115. State Security Act Preservation of Public Security Act Public Order Act Trading with the Enemy Act Explosives Act

Chapter 116. Organisations (Control of Assistance) Act Chapter 117. Chapter 118. Chapter 119. Chapter 120. Chapter 121. Chapter 122. Chapter 123. Chapter 124. Chapter 125. Chapter 126. Chapter 127. Zambia Police Reserve Act Combined Cadet Force Act Societies Act Refugees (Control) Act Zambia National Service Act Home Guard Act Immigration and Deportation Act Citizenship of Zambia Act Protected Places and Areas Act National Registration Act Census and Statistics Act

Chapter 128.Vacant Chapter 129.Vacant

Chapter 130.Vacant Chapter 131.Vacant Chapter 132.Vacant Chapter 133.Vacant

CHAPTER 111 THE STATE SECURITY ACT

ARRANGEMENT OF SECTIONS

Section 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. Short title Interpretation Espionage Communications of certain information Protection of classified information Unauthorised use of uniforms, passes, etc. Interfering with persons on guard at protected places Harbouring Attempts, etc. Presumptions Search warrants Arrest without warrant Duty to give information as to commission of offences Authority of Director of Public Prosecutions required for prosecution Power to exclude public from courts proceedings General penalty Production of telegrams Extra-territorial application of Act, and place of trial

19.

Repeal and saving of Act No. 12 of 1967

SCHEDULE-Search warrant
CHAPTER 111

STATE SECURITY An Act to make better provision relating to State security; to deal with espionage, sabotage and other activities prejudicial to the interests of the State; and to provide for purposes incidental to or connected therewith. [23rd October, 1969]

36 of 1969 17 of 1973 27 of 1985

1. This Act may be cited as the State Security Act. 2. (1) In this Act, unless the context otherwise requires"authorised officer", in relation to any provision of this Act, means a person authorised by the person responsible for the administration of this Act to exercise the powers or perform the duties conferred or imposed by such provision; "classified matter" means any information or thing declared to be classified by an authorised officer; "Defence Force" has the meaning assigned to it in section two of the Defence Act; "Director" means the Director of Public Prosecutions; "disaffected person" includes any person carrying on a seditious activity, that is to say, an activity constituting an offence under section fifty-seven of the Penal Code; "foreign agent" includes any person who is or has been reasonably suspected of being or having been directly or indirectly employed by a state other than the Republic for the purpose of doing in the Republic or elsewhere any act prejudicial to the safety or interests of the Republic, or who has or is reasonably suspected of having done or attempted to do such an act in the Republic or elsewhere in the interests of a state other than the Republic; "model" includes a design, pattern or specimen;

Short title

Interpretation Cap. 106 Cap. 87 Cap. 125 Cap. 125

"munitions of war" means any article, material, or device, including military stores, or any part thereof, whether actual or proposed, intended or adapted for use in war or the defence of the Republic or capable of being adapted for such use, or any article used, or capable of being used or converted or adapted for use, in the production thereof; "necessary service" includes(a) any service relating to the generation, supply or distribution of electricity; (b) (c) (d) (e) any fire brigade or fire service; any sewerage, rubbish disposal or other sanitation service; any health, hospital or ambulance service; any service relating to the supply or distribution of water;

(f) any service relating to the production, supply, delivery or distribution of food or fuel; (g) (h) (i) mining; any communications service; any transport service;

(j) any road, railway, bridge, ferry, pontoon, airfield, harbour or dock; or (k) any other service or facility, whether or not of a kind similar to the foregoing, declared by the President to be a necessary service for the purposes of this Act; "officer in charge of police" means the officer, not below the rank of Sub-Inspector, appointed by the Inspector-General of Police to be in charge of any police station, and includes, when the officer in charge of the police station is absent therefrom or unable, from illness or other cause, to perform his duties, the police officer present at the police station who is next in rank to such officer; "official document" includes a passport, any pass of the Defence Force, any police or other official pass, permit, certificate, licence or other similar document; "protected place" means(a) any place or area declared by the President, by statutory instrument, to be a protected place for the purposes of this Act; (b) any premises declared to be a protected place under the provisions of section five of the Protected Places and Areas Act; or (c) any area declared to be a protected area under the provisions of section six of the Protected Places and Areas Act;

"sketch" includes any photographic or other copy or representation of any place or thing; "telegram" means any communication transmitted or intended to be transmitted by telegraph or delivered or intended to be delivered from any post office or telegraph office as a communication transmitted either wholly or partially by telegraph, and includes a communication transmitted or intended to be transmitted by means of a radiocommunication service which is reduced to writing. (2) For the purposes of this Act(a) expressions referring to communicating or receiving include the communicating or receiving of part of the sketch, plan, model, note or other document, article or information, or of the substance, effect or description thereof; (b) expressions referring to obtaining or retaining any sketch, plan, model, note or other document or article include the copying or causing to be copied the whole or any part thereof; and (c) expressions referring to the communication of any sketch, plan, model, note or other document or article include the transfer or transmission thereof. (As amended by Act No. 27 of 1985) 3. Any person who, for any purpose prejudicial to the safety or interests of the Republic(a) approaches, inspects, passes over, is in the vicinity of or enters any protected place; (b) makes any sketch, plan, model or note or in any manner whatsoever makes a record of or relating to any thing which might be or is intended to be directly or indirectly useful to a foreign power or disaffected person; (c) obtains, collects, records, publishes or communicates to any person any code, password, sketch, plan, model, note or other document, article or information which might be or is intended to be directly or indirectly useful to a foreign power or disaffected person; or (d) without lawful excuse damages, hinders or interferes with, or does any act which is likely to damage, hinder or interfere with, any necessary service or the carrying on thereof;
Espionage

shall be guilty of an offence and liable on conviction to imprisonment for a period of not less than twenty years but not exceeding thirty years. (As amended by Act No. 17 of 1973)
Communication of 4. (1) Any person who has in his possession or under his control any code, password, sketch, plan, model, note or other document, article or certain information information, which relates to or is used in a protected place or anything in such a place, or which has been made or obtained in contravention of this Act, or which has been entrusted in confidence to him by any person holding office under the Government, or which he has obtained or to which he has had access owing to his position as a person who holds or has held such office or as a person who is or was a party to a contract with the Government or a contract the performance of which in whole or in part is carried out in a protected place, or as a person who is or has been employed by or under a person who holds or has held such an office or is or was a party to such a contract, and who-

(a) uses the same in any manner or for any purpose prejudicial to the safety or interests of the Republic; (b) communicates the same to any person other than a person to whom he is authorised to communicate it or to whom it is in the interests of the Republic his duty to communicate it; (c) fails to take proper care of, or so conducts himself as to endanger the safety of, the same; or (d) retains the sketch, plan, model, note, document or article in his possession or under his control when he has no right or when it is contrary to his duty so to do, or fails to comply with any lawful directions with regard to the return or disposal thereof; shall be guilty of an offence and liable on conviction to imprisonment for a term of not less than fifteen years but not exceeding twenty-five years. (2) Any person who has in his possession or under his control any sketch, plan, model, note or other document, article or information, relating to munitions of war and who communicates it directly or indirectly to any person in any manner for any purpose prejudicial to the safety or interests of the Republic shall be guilty of an offence and liable on conviction to imprisonment for a term of not less than fifteen years

but not exceeding twenty-five years. (3) Any person who receives any code, password, sketch, plan, model, note or other document, article or information, knowing or having reasonable grounds to believe at the time when he receives it that the same is communicated to him in contravention of the provisions of this Act, shall, unless he proves that the communication thereof to him was against his wish, be guilty of an offence and liable on conviction to the penalty prescribed in subsection (1). (4) Any person who communicates to any person, other than a person to whom he is authorised by an authorised officer to communicate it or to whom it is in the interests of the Republic his duty to communicate it, any information relating to the defence or security of the Republic shall be guilty of an offence and liable on conviction to imprisonment for a term of not less than fifteen years but not exceeding twenty-five years. (5) For the purposes of subsection (4), "information relating to the defence or security of the Republic" includes (but without derogating from the generality or the ordinary meaning of that expression) information relating to the movements or locations of the Defence Force or the Police Force, the steps taken to protect any vital installations or protected places, and the acquisition or disposal of munitions of war. (As amended by Act No. 17 of 1973)
Protection of 5. (1) Any person who communicates any classified matter to any person other than a person to whom he is authorised to communicate it classified information or to whom it is in the interests of the Republic his duty to communicate it shall be guilty of an offence and liable on conviction to imprisonment for a term of not less than fifteen years but not exceeding twenty-five years.

(2) In a prosecution for a contravention of subsection (1) it shall be no defence for the accused person to prove that when he communicated the matter he did not know and could not reasonably have known that it was classified matter. (As amended by Act No. 17 of 1973) 6. (1) Any person who, for the purpose of gaining or assisting any other Unauthorised use of uniforms, person to gain admission to a protected place or for any other purpose

prejudicial to the safety or interests of the Republic(a) without lawful authority uses wears, has in his possession, imports or manufactures any uniform of the Defence Force or of the Police Force or any other official uniform of the Republic, or any uniform or dress so closely resembling the same as to be likely to deceive, or falsely represents himself to be a person who is or has been entitled to wear or use any such uniform; (b) without lawful authority uses any vehicle belonging to the Government or any branch thereof, or any vehicle which because of false number-plates or other reason so closely resembles such a vehicle as to be likely to deceive, or falsely represents himself to be a person who is entitled to use such a vehicle; (c) orally or in writing in any declaration or application or in any document signed by him or on his behalf, omits any material fact or makes any statement which in any particular he knows to be false or does not believe to be true; (d) forges, alters or tampers with any official document or uses or has in his possession any forged, altered or irregular official document; (e) personates or falsely represents himself to be a person holding, or in the employ of a person holding, office under the Government, or to be or not to be a person to whom an official document or a secret official code or password has been duly issued or communicated, or, with intent to obtain, whether for himself or for any other person, an official document or any secret official code or password, makes any statement which in any particular he knows to be false or does not believe to be true; or (f) without lawful authority uses or has in his possession or under his control any die, seal or stamp of or belonging to or used, made or provided by any Government department or by any diplomatic, naval, army or air force authority appointed by or acting under the authority of the Government, or any die, seal or stamp so closely resembling any such die, seal or stamp as aforesaid as to be likely to deceive, or counterfeits any such die, seal or stamp or uses or has in his possession or under his control any such counterfeit die, seal or stamp; shall be guilty of an offence and liable on conviction to imprisonment for a term of not less than fifteen years but not exceeding twenty-five years.

passes, etc.

(2) Any person who(a) retains any official document, whether or not completed or issued for use, when he has no right or when it is contrary to his duty so to do, or fails to comply with any lawful directions with regard to the return or disposal thereof; (b) allows any other person to have possession of any official document issued for his use alone, or communicates to any person any secret official code or password so issued, or without lawful authority or excuse has in his possession any official document or secret official code or password issued for the use of some person other than himself, or, on obtaining possession of any official document, whether by finding or otherwise, neglects or fails to hand it over to the person or authority by whom or for whose use it was issued or to a police officer; or (c) without lawful authority or excuse manufactures or sells, or has in his possession for sale, any such die, seal or stamp as aforesaid; shall be guilty of an offence and liable on conviction to the penalties prescribed in subsection (1). (As amended by No. 54 of 1970 and Act 17 of 1973) 7. Any person who, in the vicinity of any protected place, knowingly Interfering with persons on guard at obstructs, misleads or otherwise interfers with any person engaged on protected places guard, sentry, patrol or other similar duty in relation to the protected place shall be guilty of an offence and liable on conviction to imprisonment for a term of not less than fifteen years but not exceeding twenty five years. (As amended by Act No. 17 of 1973) 8. Any person whoHarbouring

(a) knowingly harbours or conceals any person whom he knows or has reasonable grounds for supposing to be a person who is about to commit or has committed an offence under this Act, or knowingly permits any such persons to meet or assemble in any premises in his occupation or under his control; or (b) having harboured or concealed any such person or permitted any such persons to meet or assemble in any premises in his occupation or under his control, wilfully omits or refuses to disclose to a police officer

of or above the rank of Inspector any information that it is in his power to give in relation to any such person; shall be guilty of an offence and liable on conviction to imprisonment for a term of not less than fifteen years but not exceeding twenty-five years. (As amended by Act No. 17 of 1973) 9. Any person who attempts to commit any offence under this Act, or Attempts, etc solicits or incites or endeavours to persuade another person to commit any such offence, or aids or abets or does any act preparatory to the commission of such an offence, shall be guilty of an offence and liable on conviction to the same penalties as if he had been convicted of that offence. 10. (1) If in any prosecution against any person for an offence under section three it is proved that he has been in communication with, or attempted to communicate with, a foreign agent in the Republic or elsewhere it shall, unless the contrary is proved, be presumed that he has, for a purpose prejudicial to the safety or interests of the Republic, obtained or attempted to obtain information which might be or is intended to be directly or indirectly useful to a foreign power. (2) For the purposes of subsection (1), but without derogating from the generality of that subsection, a person shall, unless he proves the contrary, be deemed to have been in communication with a foreign agent if(a) he has, whether within or outside the Republic, visited or addressed any communication to the address of, or associated with, a foreign agent; or (b) whether within or outside the Republic, the name or address of, or any other information regarding, a foreign agent has been found in his possession or under his control, or has been supplied by him to any other person or has been obtained by him from any other person. (3) Any address, whether within or outside the Republic, reasonably suspected of being an address used for the receipt of communications intended for a foreign agent, or at which a foreign agent resides or to which he resorts or at which he carries on business, shall be deemed to be the address of a foreign agent.
Presumptions

(4) If in a prosecution under this Act it is alleged that the accused acted for a purpose prejudicial to the safety or interests of the Republic he shall, unless the contrary is proved, be deemed so to have acted if, from the circumstances of the case or his character or general conduct as proved, it appears that he acted for such a purpose. (5) If in a prosecution under this Act it is alleged that the accused made, obtained, collected, recorded, published or communicated anything for a purpose prejudicial to the safety or interests of the Republic and it is proved that the making, obtaining, collecting, recording, publishing or communicating was by any person other than a person acting under lawful authority it shall, unless the contrary is proved, be presumed that the purpose of the act or conduct in question was a purpose prejudicial to the safety or interests of the Republic. (6) Where the lack of lawful authority or excuse is an ingredient of an offence under this Act, the burden of proving such authority or excuse shall lie on the accused and the burden shall not be on the prosecution to prove such lack. 11. (1) If a magistrate is satisfied by information on oath that there is Search warrants reasonable ground for suspecting that an offence under this Act has been or is about to be committed he may grant a search warrant in the form set out in the Schedule authorising any police officer named therein of or above the rank of Sub Inspector, together with such other police officers and other persons who may be authorised by such named police officer, at any time to enter any premises, place, aircraft, ship, boat, train or other vehicle, or receptacle, as the case may be, named or described in the warrant, if necessary by force, and to search the same and every person or vehicle found thereon or therein or in the vicinity thereof, and to seize anything which he may find in the course of such search which is or may be evidence of an offence under this Act having been or being about to be committed or with regard to or in connection with which he has reasonable grounds for suspecting that an offence has been or is about to be committed. (2) Where it appears to a police officer of or above the rank of Chief Inspector or to an officer in charge of police that the matter is one of such urgency that in the interests of the Republic immediate action is necessary, he may by written order under his hand give to any police

officer of or above the rank of Sub Inspector the like authority as may be given by the warrant of a magistrate under this section. (3) Notwithstanding anything contained in any other law, it shall not be necessary for anything found in the course of any search conducted in terms of a warrant or authority issued or given under this section to be brought before any court. (4) If at the conclusion of any proceedings, including proceedings on appeal, before any court against any person for an offence under this Act application is made by the prosecution, on the ground that the return of such article would be prejudicial to the safety or interests of the Republic, that any article seized in the course of a search conducted in terms of a warrant or authority issued or given under this section shall become the property of the Republic, the court shall make an order to that effect. 12. (1) Any person who is found committing an offence under this Act Arrest without warrant or who is reasonably suspected of having committed or having attempted to commit or being about to commit such an offence may be arrested by any police officer and detained. (2) Any person arrested under the provisions of this section shall, whether or not the police inquiries are completed, be brought before a magistrate as soon as practicable. 13. (1) Where the Attorney-General is satisfied that there is reasonable ground for suspecting that an offence under this Act has been or is about to be committed and for believing that some person is able to furnish information with regard thereto, he may by writing under his hand authorise a named police officer to require that person to give any information in his power relating to such suspected offence or anticipated offence and, if so required and on tender of his reasonable expenses, to attend at such reasonable time and place as may be specified by such police officer. (2) Any person who, having been required in terms of subsection (1) to give information or to attend at a specified time and place, wilfully fails to comply with such requirement or knowingly gives false information shall be guilty of an offence.
Duty to give information as to commission of offences

14. Where any person is brought before a court on a charge under this Act no further proceedings in respect thereof shall be taken against him without the authority in writing of the Director, save such as may be necessary by remand to secure the due appearance of the person charged.

Authority of Director of Public Prosecutions required for prosecution

Power to exclude 15. (1) If in the course of any proceedings, including proceedings on appeal, before any court against any person for an offence under this Act public from court proceedings application is made by the prosecution, on the ground that the publication of any evidence to be given or of any statement to be made in the course of such proceedings would be prejudicial to the interests of the Republic, that all or any portion of the public be excluded during the whole or any part of the hearing, the court shall make an order to that effect:

Provided that the passing of sentence shall take place in public. (2) The powers of the court under this section shall be in addition to any other powers such court may have to exclude the public from any proceedings. 16. Any person convicted of an offence under this Act for which no penalty is provided shall be liable on conviction to imprisonment for a term of not less than five years but not exceeding ten years. (As amended by Act No. 17 of 1973)
Production of 17. (1) Where it appears to the President that it is expedient in the telegrams public interest so to do he may by warrant under his hand require any person who owns or controls any apparatus within the Republic used for the sending or receipt of telegrams to produce to the person named in the warrant the originals and transcripts of all telegrams or of telegrams of any specified class or description, or of telegrams sent from or addressed to any specified person or place, and all other papers relating to any such telegram. General penalty

(2) Any person who, on being required to produce any such original or transcript or paper as aforesaid, refuses or neglects to do so shall be guilty of an offence.

Extra-territorial 18. (1) Any act, omission or other conduct constituting an offence under this Act shall constitute such offence wherever such conduct took application of Act, and place of trial place, whether within or outside the Republic.

(2) An offence under this Act, for the purpose of determining the jurisdiction of a court to try the offence, shall be deemed to have been committed either at the place in which it was actually committed or at any place in the Republic in which the accused may be found. 19. The Official Secrets Act, 1967, is repealed:
Repeal and saving of Act No. 12 of 1967

Provided that any person may after the commencement of this Act be prosecuted under the said Official Secrets Act in respect of any act, omission or other conduct taking place prior to the commencement of this Act as if this Act had not come into operation.

SCHEDULE (Section 11) REPUBLIC OF ZAMBIA STATE SECURITY ACT

SEARCH WARRANT

IN THE SUBORDINATE COURT of the class for the holden at To: of has this day made information on oath that there is reasonable ground for suspecting that an offence under the State Security Act has been or is about to be committed; NOW THEREFORE you are hereby authorised and commanded in the name of the President to enter at any time, with such other police officers and other persons as may be authorised by you, and search the same and any person or vehicle found therein or thereon or in the vicinity thereof and to seize anything which may be found on such search which is or may be evidence of an offence under the said Act having been or being about to be committed or with regard to or in connection with which you have reasonable grounds for suspecting that an offence under the said Act has been or is about to be committed. ISSUED AT day of the 19 . .................................... Magistrat e Police Officer WHEREAS District

CHAPTER 112 THE PRESERVATION OF PUBLIC SECURITY ACT

ARRANGEMENT OF SECTIONS

Section 1. 2. 3. 4. 5. 6. Short title Interpretation Public security regulations Incidental and supplementary provisions in regulations Application and effect of regulations Proof of documents

CHAPTER 112

PRESERVATION OF PUBLIC SECURITY An Act to make provision for the preservation of public security; and to provide for matters incidental thereto. [4th March, 1960]

5 of 1960 Government Notices 229 of 1964 497 of 1964 Statutory Instrument 85 of 1964

1.

This Act may be cited as the Preservation of Public Security Act.

Short title

2. In this Act, the expression "public security" includes the securing of Interpretation the safety of persons and property, the maintenance of supplies and services essential to the life of the community, the prevention and suppression of violence, intimidation, disorder and crime, the prevention and suppression of mutiny, rebellion and concerted defiance of, and disobedience to, the law and lawful authority, and the maintenance of the administration of justice. (As amended by G.N. No. 229 of 1964 and S.I. No. 85 of 1964) 3. (1) The provisions of this section shall have effect during any period Public security regulations. when a declaration made under the Constitution has effect.
Cap. 1.

(2) The President may, for the preservation of public security, by regulation-

(a) make provision for the prohibition of the publication and dissemination of matter prejudicial to public security, and, to the extent necessary for that purpose, for the regulation and control of the production, publishing, sale, supply, distribution and possession of publications; (b) make provision for the prohibition, restriction and control of assemblies; (c) make provision for the prohibition, restriction and control of residence, movement and transport of persons, the possession, acquisition, use and transport of movable property, and the entry to, egress from, occupation and use of immovable property; (d) make provision for the regulation, control and maintenance of supplies and services; or (e) make provision for, and authorise the doing of, such other things as appear to him to be strictly required by the exigencies of the situation in Zambia. (3) If the President is satisfied that the situation in Zambia is so grave that it is necessary so to do, he may, by statutory instrument, make regulations to provide for(a) (b) the detention of persons; requiring persons to do work and render services.

(As amended by S.I. No. 85 of 1964) 4. Regulations made under section three mayIncidental and supplementary provisions in regulations

(a) make provision for the payment of compensation and remuneration to persons affected by the regulations; (b) make provision for the apprehension and trial of persons offending against the regulations and for such penalties as the President may think fit for offenders thereunder;

(c) make provision for suspending the operation of any written law other than the Constitution; (d) make provision for empowering such authorities and persons as may be specified in the regulations to make orders and rules for any of the purposes for which such regulations may be made; (e) make provision for the delegation and transfer of powers and duties conferred and imposed by or under the regulations; and (f) contain such other incidental and supplementary provisions as appear to the President to be necessary or desirable for the purposes of such regulations: Provided that nothing in the foregoing provisions of this section or in the provisions of section three shall authorise the making of any regulations providing for the trial of persons by military courts. (As amended by S.I. No. 85 of 1964)

Cap. 1

Application and 5. (1) Any regulations made under this Act may be made to apply to Zambia or to any part thereof, and to any person or class of persons or to effect of regulations the public generally.

(2) Subject to the provisions of section twenty-two of the Interpretation Cap. 2 Cap. 1 and General Provisions Act, any regulation made under this Act, and any order or rule made under any such regulation, shall have effect notwithstanding anything inconsistent therewith contained in any written law other than the Constitution and to the extent of any such inconsistency any such law as aforesaid shall have no effect so long as such regulation, order or rule shall remain in force. (3) Where any regulation made under this Act or any order or rule made under any regulation made under paragraph (d) of section four has not been laid before the National Assembly on a sitting day within three months of the date of making thereof, such regulation, order or rule shall, on the expiration of the said period of three months, cease to have effect, but without prejudice to the validity of anything previously done thereunder or to the making of any new regulation, order or rule. (As amended by G.N. No. 229 of 1964 and S.I. No. 85 of 1964)

Proof of 6. Every document purporting to be an order, licence, permit, documents certificate, direction, authority, or other document made, granted or issued by the Governor of Northern Rhodesia prior to the 24th October, 1964, or thereafter by the President, or any other authority or person in pursuance of this Act or any regulation made under this Act or any order or rule made under any such regulation, and purporting to be signed by or on behalf of the Governor of Northern Rhodesia prior to the 24th October, 1964, or thereafter by the President, or such other authority or person, shall be received in evidence, and shall, until the contrary is proved, be deemed to have been made, granted or issued by the Governor of Northern Rhodesia prior to the 24th October, 1964, or thereafter by the President, or that authority or person.

(As amended by S.I. No. 85 of 1964)

SUBSIDIARY LEGISLATION

PRESERVATION OF PUBLIC SECURITY SECTION 3-APPLICATION

CAP. 112 Government Notice 374 of 1964

Declaration by the Governor of Northern Rhodesia prior to the 24th October, 1964 WHEREAS by section three of the Preservation of Public Security Act it is provided that if the Governor is satisfied that it is necessary for the preservation of public security so to do, he may, by notice in the Gazette, declare that the provisions of subsections (2) and (3) of the said section shall come into operation and thereupon those provisions shall come into operation accordingly; AND WHEREAS I am satisfied that it is necessary for the preservation of public security to declare that the provisions of the said subsections (2) and (3) of the said section three shall come into operation: NOW THEREFORE, I, EVELYN DENNISON HONE, Knight Commander of the Most Distinguished Order of Saint Michael and Saint George, Commander in the Royal Victorian Order, Officer of the Most Excellent Order of the British Empire, Governor of the Territory of Northern Rhodesia, do hereby declare and proclaim that the provisions

of subsections (2) and (3) of section three of the Preservation of Public Security Act shall come into operation on the date hereof. At Lusaka this twenty-seventh day of July, 1964. E. D. Hone, Governor.

THE PRESERVATION OF PUBLIC SECURITY REGULATIONS

ARRANGEMENT OF REGULATIONS Regulation 1. 2. 3. 4. Title Application of regulations Interpretation Prohibition of meetings, processions, etc.

5. Power to prohibit certain activities at dwellings, buildings and in public places 6. 7. 8. 9. 10. Control of assemblies Dangerous weapons, etc., and unlawful conduct at assemblies Closing of premises Threats calculated to intimidate or cause alarm prohibited Threatening violence prohibited

11. Prohibition of entry into Zambia without travel document of identity 12. 13. 14. 15. 15A. 15B. 16. Prohibition of wearing or possessing certain uniforms Duty to attend meetings Control of movement on roads Curfews Blackouts Controlling electricity Restriction orders

17.

Retention of articles in connection with restriction orders

18. Power to direct persons to proceed to and remain in any part of Zambia 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. 41. 42. 43. 44. 45. 46. 47. Revoked by S.I. No. 39 of 1993 Revoked by S.I. No. 39 of 1993 Revoked by S.I. No. 39 of 1993 Power of arrest Powers of entry, inspection and search Power to stop and search vehicles Publicity for orders Obstruction of officers Delegation of functions Effect of regulations on contracts Attempt to commit offences, etc. Jurisdiction of subordinate courts Jurisdiction of local courts Offence for contravention of condition Detention orders Retaining possession of articles Power to detain suspected persons Harbouring suspected persons Revoked by S.I. No. 39 of 1993 Revoked by S.I. No. 39 of 1993 Revoked by S.I. No. 39 of 1993 Revoked by S.I. No. 39 of 1993 Revoked by S.I. No. 39 of 1993 Prohibited areas Revoked by S.I. No. 39 of 1993 Smuggling of any petroleum product Possession of any petroleum product Persons influencing employees in necessary services Penalties

SCHEDULE-Prescribed areas
Government

SECTIONS 3, 4 AND 5-THE PRESERVATION OF Notices PUBLIC 375 of 1964 SECURITY REGULATIONS 377 of 1964 Regulations by the President
389 of 1964 402 of 1964 497 of 1964 515 of 1964 Statutory Instruments 8 of 1965 66 of 1965 104 of 1965 127 of 1965 331 of 1965 359 of 1965 370 of 1965 15 of 1966 53 of 1966 75 of 1966 187 of 1966 218 of 1966 116 of 1968 239 of 1968 361 of 1968 335 of 1969 357 of 1969 239 of 1970 240 of 1970 8 of 1972 172 of 1977 177 of 1977 33 of 1993 39 of 1993 Act No. 13 of 1994

1. These Regulations may be cited as the Preservation of Public Security Regulations.

Title

2. These Regulations shall, except as hereinafter provided, apply only Application of regulations to those parts of Zambia set out in the Schedule.

3.

In these Regulations, unless the context otherwise requires-

Interpretation

"armed forces" means any of the naval, military or air forces; "assembly" means any gathering of three or more people whether in public or in private; "citizen" means a citizen of Zambia; "competent authority" means a person appointed in writing by the President, or by any person exercising the functions of the President by virtue of regulation 27, for the purposes of all or any of the regulations in which such expression occurs; "contravention", in relation to any provision or condition, includes a failure to comply with such provision or condition, and "contravene" shall be construed accordingly; "Defence Force" means the Defence Force referred to in section four of Cap. 106 the Defence Act and any other military, naval or air forces which may, with the approval of the President, for the time being be cooperating with the Defence Force; "detention order" means an order made under the provisions of sub-regulation (1) of regulation 33; "District Messenger" means a District Messenger as defined in section two of the District Messengers Act;
Cap. 288

"established resident" has the meaning assigned to it in the Immigration Cap. 123 and Deportation Act; "lock out" means the closing of a place of employment or the suspension of work, or the refusal of an employer to continue to employ any number of persons employed by him, in consequence of a dispute, and done with a view to compelling those persons, or to aid the employer in compelling persons employed by him, to accept terms or conditions of, or affecting, employment;

"necessary service" means(a) out service relating to the generation, supply or distribution of electricity; (b) (c) (d) (e) any fire brigade or fire service; any sewerage, rubbish disposal or other sanitation service; any health, hospital or ambulance service; any service relating to the supply or distribution of water;

(f) any service relating to the production, supply, delivery or distribution of food or fuel; (g) mining, including any service required for the working of a mine; (h) any communications service;

(i) any transport service, and any service relating to the repair and maintenance, or to the driving loading and unloading, of vehicles for use in a transport service; (j) any road, railway, bridge, ferry, pontoon, airfield, harbour or dock; or (k) any other service or facility whether or not of a kind similar to the foregoing, declared by the *President to be a necessary service for the purpose of these Regulations. * Any service required for the working of a mine declared to be a necessary service by S.I. No. 55 of 1966. The transport of refugees from any country and the transport of essential goods declared to be a necessary service by S.I. No. 239 of 1966. The transport of goods and passengers by rail declared to be a necessary service by S.I. No. 238 of 1968. "officer in charge of police" shall have the same meaning as is set out in Cap. 107 section two of the Zambia Police Act;

"person" includes any company or association or body of persons, corporate or unincorporate; "police officer" means any member of the Zambia Police Force or of the Zambia Police Reserve and a Special Constable; "prescribed area" means those parts of Zambia set out in the Schedule; "restriction order" means an order made under the provisions of sub-regulation (1) of regulation 16; "strike" means the cessation of work by a body of persons employed in any undertaking acting in combination, or a concerted refusal or a refusal under a common understanding of any number of persons who are so employed to continue to work; "travel document of identity" means a travel document of identity, including a passport(a) issued by or on behalf of the Government of Zambia, the former Protectorate of Northern Rhodesia, the former Federation of Rhodesia and Nyasaland, any sovereign state or the United Nations Organisation; (b) which contains a personal description of the holder, the name of the country in which he was born and the date of his birth; and (c) to which is attached a photograph being a true likeness of the holder wherein his features are clearly and correctly depicted; "uniform" means any article or articles of wearing apparel being distinct in design and colour intended to be used by members of armed forces or the police force; "undertaking" means any company, firm, trade, business, industry or any other kind of enterprise, any statutory board, or corporation or any local or public authority or any branch or autonomous division thereof; "vehicle" includes any engine, wagon, carriage, bicycle, or other means of carrying goods or persons by land, having two or more wheels, and whether propelled or moved by mechanical power or otherwise.

(As amended by No. 377 of 1964, Nos. 8 and 66 of 1965 No. 116 of 1968, No. 239 of 1970 and No. 8 of 1972) 4. (1) In this regulation"meeting" means any meeting, procession, sporting event or entertainment of any description; "proper officer" means any police officer not below the rank of Assistant Superintendent. (2) It shall be lawful for any proper officer by order to prohibit the holding of any meeting in any area, place or building within the prescribed area, either generally or on any particular day or during any particular time, and if any meeting is held, or is proposed to be held, in contravention of any such order, it shall be lawful for any proper officer to take or cause to be taken such steps as may be necessary to disperse such meeting or to prevent the holding thereof. (3) An order made under the provisions of sub-regulation (2) may relate to(a) (b) (c) all meetings; any specified class of meeting; any specified meeting; or
Prohibition of meetings, processions, etc.

(d) any or all meetings organised, convened, held or attended by any specified person or group of persons. (4) Any order made under the provisions of sub-regulation (2) may exempt from the provisions of such order such meetings or classes of meetings as may be specified in the order, and any such order may at any time be amended so as to provide for such exemption. (5) It shall be lawful for any proper officer by order to prohibit any person or class of person specified in such order from addressing any meeting or assembly in any area, place or building within the prescribed area, either generally or during any period which may be so specified.

(6) It shall be lawful for any proper officer by order to prohibit the use of any public address system, loud hailer, or such other method or means of amplifying speech or sound as may be specified in such order, either generally or on any particular day or during any particular time. (7) An order made under the provisions of sub-regulation (6) may exempt from the provisions of such order such persons or classes of person as may be specified in such order. (8) Any person who convenes, attends or takes part in any meeting, the holding of which has been prohibited under the provisions of sub-regulation (2), or who contravenes any order made under sub-regulation (5) or (6), shall be guilty of an offence. (As amended by No. 8 of 1965 and No. 240 of 1970) 5. (1) Whenever it appears to the President that for the purpose of preserving public security it is strictly required by the exigencies of the situation in Zambia so to do, he may by order prohibit throughout Zambia or in any area specified in the order(a) any person from entering without the express consent of the occupants for the time being thereof any dwelling or the curtilage thereof or any building and soliciting or advocating adherence to, or disseminating the teachings of, any religion, organisation or society specified in the order, whether by words, or conduct; or (b) any person in any public place from soliciting or advocating adherence to, or disseminating the teachings of, any religion, organisation or society specified in the order, whether by words, or conduct, whereby a breach of the peace is likely to be occasioned. (2) An order made under this regulation may contain such incidental supplementary provisions as appear to the President to be necessary or expedient for the purposes of such order. (3) The provisions of this regulation shall not apply to any political party or to any trade union.
Power to prohibit certain activities at dwellings, buildings and in public places

(4) Any person who contravenes any provision of an order made under this regulation shall be guilty of an offence. (5) For the purposes of this regulation and any order made hereunder, "public place" has the meaning assigned to it in sub-regulation (5) of regulation 6. (No. 357 of 1969)
Control of 6. (1) It shall be lawful for any proper officer, by order in writing, to prohibit during any period specified in such order assemblies between assemblies such hours as are specified in such order in any public place in such area as is specified in such order.

(2) Any person who, between the hours specified in an order made under sub-regulation (1) during any period specified in such order, is in the company of two or more persons in any public place in an area specified in such order shall be guilty of an offence. (3) An order made under the provisions of this regulation may exempt from the operation thereof any person or class of persons, either generally or for such period as may be specified in such order, and the provisions of this regulation shall not apply to any member of a Police Force acting in the course of his duty. (4) An order made under this regulation shall come into operation immediately on the making thereof but shall be published in the Gazette as soon as is reasonably practical thereafter. (5) For the purposes of this regulation"member of a Police Force" includes any police officer, any mine police officer, any municipal police officer, any District Messenger, and any member of the Defence Force who is present within the prescribed area; "proper officer" means any officer in charge of police; and "public place" includes any highway, market place, square, road, street, bridge or other way which is lawfully used by the public, and any place, other than a building, to which the public are for the time being entitled or permitted to have access, either without any condition or upon the condition of making any payment.

(As amended by Nos. 8 and 66 of 1965 and No. 361 of 1968) 7. (1) Any person who attends, takes part in or is found at any assembly and who has in his possession at such assembly any firearms, ammunition, dangerous weapon, explosive substance or any stick, stone or other dangerous missile shall be guilty of an offence and shall be liable upon conviction to imprisonment for a period not exceeding five years. (2) Any person who, at any assembly(a) injures, or threatens or attempts to injure, any person, or damages, or threatens or attempts to damage, any property of any description, whether real or personal; or (b) conducts himself in such a manner as to occasion a breach of the peace or as to cause persons in the neighbourhood reasonably to fear that he will commit a breach of the peace or will provoke other persons to commit a breach of the peace; shall be guilty of an offence and shall be liable upon conviction to imprisonment for a period not exceeding ten years. (3) A person charged with an offence under the provisions of this regulation shall not be granted bail. (4) The provisions of this regulation shall not apply to(a) any member of a Police Force acting in the course of his duty;
Dangerous weapons, etc., and unlawful conduct at assemblies

(b) any person employed by the Government, by any local authority, by any mining company, or by any building or construction company while acting in the course of his employment; or (c) any person exempted from such provisions by a police officer of or above the rank of Sub-Inspector, or any class of person so exempted by the Inspector General of Police by notification in the Gazette: Provided that any such exemption shall be subject to such conditions, if any, as may be imposed by the authority granting such exemption.

(5) For the purposes of this regulation"dangerous weapon" means any article made or adapted for use for causing or threatening injury to the person, or intended by the person having it with him for such use, and includes any knife, spear, arrow, stone, axe, axe handle, stick or similar weapon; and "member of a Police Force" means any police officer, any District Messenger, and any member of the Defence Force who is present within the prescribed area. (As amended by Nos. 8 and 66 of 1965 and No. 361 of 1968) 8. (1) Whenever the President is satisfied that for the purpose of maintaining public order it is necessary so to do, he may, by statutory order, direct that any premises specified in the order shall be closed. (2) Any person who enters any premises in respect of which an order has been made under sub-regulation (1) shall be guilty of an offence: Provided that it shall be a sufficient defence in any prosecution under this regulation if the accused person satisfies the court that he entered the premises concerned for the purpose of protecting them or maintaining them in a proper state. (3) The President shall not make an order under this regulation unless Cap. 167 he is satisfied that intoxicating liquor, as defined in the Liquor Licensing Act, is sold or supplied or consumed in, or in proximity to, the premises to be named in the order. (4) Any reference in an order to "premises" shall be deemed to include a reference to all land adjacent to such premises, which persons using the premises are permitted or entitled to use. (No. 370 of 1965) 9. (1) Any person who, without lawful cause or excuse, uses words, whether written or spoken, or signs reasonably likely to intimidate any other person or class of persons, shall be guilty of an offence and shall be liable to imprisonment for a period not exceeding three years.
Threats calculated to intimidate or cause alarm prohibited Closing of premises

(2) In this regulation, "intimidate" means to put any person in fear of any injury or damage to himself or to any member of his family, or to his dependants, or in fear of any injury or loss to his property, business, employment or means of living. 10. Any person who, without lawful cause or excuse, makes any statement indicating or implying that it would be incumbent or desirable(a) to do any act or acts calculated to bring death or physical injury to any person or any class or community of persons; or (b) to do any act or acts calculated to lead to destruction or damage to any property; or (c) to commit an offence against any written law in force in Zambia or in any part thereof; shall be guilty of an offence and liable upon conviction to imprisonment for a period not exceeding seven years: Provided that a statement which expresses mere disapproval of a written law shall, to that extent only, be held not to be a statement which indicates or implies that it would be incumbent or desirable to commit an offence against such law. 11. (1) Any person who enters Zambia without a travel document of identity shall be guilty of an offence and shall be liable on conviction to a fine not exceeding seventy five thousand penalty units or to imprisonment for a period not exceeding five years, or to both.
Prohibition of entry into Zambia without travel document of identity Threatening violence prohibited

(2) The provisions of sub-regulation (1) shall not apply to(a) any person duly accredited to Zambia by or under the authority of the government of any sovereign state; (b) any person who under any written law is entitled to any diplomatic immunities and privileges by reason of his association with an organisation of which the Republic or the Government and one or more other states or the government or governments thereof are

members; (c) any member of the official staff or of the household of a person described in paragraph (a) or (b); (d) any citizen or established resident; or

(e) any wife or minor child of a person described in paragraph (a), (b), (c) or (d). (3) No prosecution shall be instituted against any person for an offence under sub-regulation (1) without the sanction, fiat or written consent of the Director of Public Prosecutions. (No. 116 of 1968 and Act No. 13 of 1994) 12. (1) Any person who is found in Zambia wearing, or in possession of, uniforms of armed forces or police forces of any country other than Zambia shall be guilty of an offence and shall be liable on conviction to a fine not exceeding seventy five thousand penalty units or to imprisonment for a period not exceeding five years, or to both. (2) The *President may exempt any person from the provisions of sub-regulation (1). * Italian Airforce Technical Assistance Personnel exempted by S.I. No. 447 of 1969. (3) The provisions of sub-regulation (1) shall not apply to any person exempted by the President under sub-regulation (2). (4) No prosecution shall be instituted against any person for an offence under sub-regulation (1) without the sanction, fiat or written consent of the Director of Public Prosecutions. (No. 116 of 1968 and Act No. 13 of 1994) 13. (1) A District Executive Secretary may, by written or verbal notice Duty to attend meetings delivered by a District Messenger, require any Chief or Headman resident within the District for which he is appointed District Executive
Prohibition of wearing or possessing certain uniforms

Secretary to attend such meetings as appear to the District Executive Secretary to be desirable in the interest of public security, at the place and time specified in the aforesaid notice. (2) A Chief may, by written or verbal notice delivered by a Kapasu, require any Headman resident within the area of the Chief to attend such meetings as appear to him to be desirable in the interest of public security, at the place and time notified to the Headman. (3) Any Chief or Headman who without lawful excuse, the proof of which lies on him, fails to attend any meeting which he is required to attend under this regulation shall be guilty of an offence and be liable upon conviction to a fine not exceeding one thousand five hundred penalty units or to imprisonment for a period not exceeding six months, or to both. (4) For the purposes of this regulation"Chief" has the meaning assigned to it in the Chiefs Act; "Headman" means a person holding the office of Headman under customary law. (No. 335 of 1969 as amended by No. 357 of 1969 and Act No. 13 of 1994) 14. (1) It shall be lawful for any authorised officer by order to prohibit Control of movement on the entry, either generally or on any particular day or during any roads particular time, of any vehicle to or the presence of any vehicle on such road or part of a road within a prescribed area as may be described in the order. (2) It shall be lawful for any authorised officer to take or cause to be taken such steps as may be necessary to prevent the entry of any vehicle to any road or part of a road in contravention of an order made under sub-regulation (1), or to remove any person in or on any vehicle found on any road or part of a road in contravention of such an order. (3) Any person in or on a vehicle found on any road or part of a road in contravention of an order made under sub-regulation (1) shall be guilty of an offence.
Cap. 287

(4) Any person who enters, in or on a vehicle, any road or part of a road, entry to which is prohibited by order under sub-regulation (1), shall be guilty of an offence. (5) The provisions of an order made under this regulation shall not apply to any person exempted from such provisions by a police officer of or above the rank of Assistant Inspector Grade I, or any class of persons exempted by an authorised officer: Provided that any such exemption shall be subject to such conditions, if any, as may be imposed by the authority granting such exemption. (6) For the purposes of this regulation"authorised officer" means a police officer not below the rank of Inspector, or a commissioned officer of the Defence Force when acting in aid of the civil power. (As amended by Nos. 8 and 66 of 1965)
Curfews 15. (1) Wherever the President is satisfied that for the purpose of maintaining public order it is necessary so to do, he may, by order (hereinafter referred to as a "curfew order"), prohibit, in respect of the whole or any part of the prescribed area, all or any class of persons from being out of doors between such hours as may be specified in such order except with the authority of a written permit granted by such authority or person as may be so specified.

(2) In any order made under sub-regulation (1) the President may, either absolutely or in such circumstances or subject to such conditions as may be specified in the order, grant exemption to any person or class of persons from the operation of such order. (3) Any person who is out of doors in any area specified in a curfew order within the hours specified in that order who(a) or (b) fails to stop when called upon to do so by an authorised officer;

being a person to whom the curfew order applies, is not in

possession of a written permit authorising him to be so out of doors; shall be guilty of an offence against these Regulations and shall be liable on conviction to a fine not exceeding seven hundred and fifty penalty units or to imprisonment for a period not exceeding three months, or to both. (4) The provisions of this regulation shall not apply to an authorised officer. (5) For the purposes of this regulation, "authorised officer" means any magistrate, police officer, District Messenger, or member of the Defence Force when acting in aid of the civil power. (No. 359 of 1965 and Act No. 13 of 1994) 15A. Where the President is satisfied that in the interests of security or Black-outs for the purpose of maintaining public order it is necessary so to do, he may, by order direct, in respect of the whole or any part of the prescribed area that lights shall be kept extinguished between such hours as may be specified in the order. (2) Any person who coutravenes an order made under sub-regulation (1) shall be guilty of an offence against these Regulations and shall be liable on conviction to a fine not exceeding two hundred and fifty penalty units or to imprisonment for a period not exceeding three months or to both. (3) The provisions of this regulation shall not apply to any vehicle being used on duty by an authorised officer as defined in sub-regulation (5) of regulation 15. (As amended by S.I. No. 172 of 1977 and No. 13 of 1994)
Controlling 15B. Where the President is satisfied that in the interest of public security it is necessary so to do, he may issue a direction that the supply electricity of electricity from all or any electricity stations in Zambia shall be wholly or partially cut off during such period and between such hours as the President may specify.

(As amended by S.I. No. 177 of 1977)

16. (1) The President, if he is satisfied that for the purpose of preserving Restriction orders public security within the prescribed area it is necessary so to do, may make an order against any person for any or all of the purposes mentioned in sub-regulation (2), and any person in respect of whom a restriction order is in force is hereinafter referred to as a restricted person. (2) A restriction order may be made for any or all of the following purposes, that is to say: (a) for securing that, except in so far as may be permitted by the restriction order or by a written permit issued by a competent authority, the restricted person shall not be in the prescribed area or in any such place or area within the prescribed area as may be specified in the restriction order; (b) for securing that, except in so far as may be permitted by the restriction order or by a written permit issued by such person as may be specified in the restriction order, the restricted person shall remain in such place or area within Zambia as may be so specified; (c) for requiring the restricted person to notify his movements in such manner, at such times and to such authority or person in such place as may be specified in the restriction order. (3) For the avoidance of doubt, it is hereby expressly declared that, notwithstanding any other provision of these Regulations, a restriction order may be made under paragraph (a) of sub-regulation (2) against any person who is outside the prescribed area. (4) Any permit issued under paragraph (a) or (b) of sub-regulation (2) may be issued subject to such terms and conditions as may appear expedient to the authority or person issuing the same, and any person who contravenes any such term or condition shall be guilty of an offence. (5) A restriction order shall come into force immediately upon the service of a copy thereof upon the restricted person, and, if at the time of such service the restricted person-

(a) in the case of a restriction order made under paragraph (a) of sub-regulation (2), is within a place or area specified in such order, he may be removed therefrom; or (b) in the case of a restriction order made under paragraph (b) of sub-regulation (2), is outside a place or area specified in such order, he may be removed thereto; by any police officer or any person acting on behalf of the President, and shall, whilst being so removed, be deemed to be in lawful custody. (6) Any person who(a) (b) (c) enters or is found in any place or area; leaves any place or area; or fails to notify his movements;

in contravention of a restriction order shall be guilty of an offence. (7) Without prejudice to any proceedings which may be taken against a restricted person under these Regulations, any restricted person who is at any time within or outside any place or area in contravention of the provisions of a restriction order or of the terms or conditions of a permit issued under sub-regulation (2) may be removed from or to such place or area, as the case may be, by any police officer or person acting on behalf of the President, and shall, whilst being so removed, be deemed to be in lawful custody. 17. (1) Where any article has come into the possession of an executive authority (whether in consequence of the seizure of the article under any of these Regulations or otherwise) and it appears to him that the article is or may be relevant to the making of a restriction order, such executive authority may retain such article for so long only as may be necessary to investigate or inquire whether or not a restriction order should be made: Provided that no such article may be retained for any period exceeding the period for which this regulation is in force.
Retention of articles in connection with restriction orders

(2) Any person aggrieved by the retention of an article under this regulation may make his objection to the Inspector General of Police who shall consider such objection. (3) For the purposes of this regulation, any authority, officer or other person whatsoever having functions in connection with the execution of these Regulations shall be an executive authority. (As amended by No. 8 of 1965) 18. (1) For the purpose of controlling Zambian citizens returning to Zambia from any foreign country, the President, or any competent authority, where it appears to him to be strictly required by the exigencies of the situation in the Republic, may, by order, direct any such citizen described by name in the order to proceed to and remain in any part of or place in Zambia named in the order. (2) Any person who, without lawful excuse, fails or neglects to comply with any such order or prevents or obstructs or interferes with any other person in the performance of any such order shall be guilty of an offence. (No. 359 of 1965) 19. 20. 21. Revoked by S.I. No. 39 of 1993. Revoked by S.I. No. 39 of 1993. Revoked by S.I. No. 39 of 1993.
Power to direct persons to proceed to and remain in any part of Zambia

Power of arrest 22. (1) Any magistrate, police officer, member of the Defence Force when acting in aid of the civil power, or District Messenger may arrest without warrant any person who is guilty or suspected of being guilty of an offence under these Regulations.

(2) Any magistrate, member of the Defence Force when acting in aid of the civil power, or District Messenger shall have all the powers of arrest of a police officer.

(As amended by Nos. 8 and 66 of 1965) 23. It shall be lawful for any member of the Defence Force not below Powers of entry, inspection and the rank of warrant officer when acting in aid of the civil power, or search police officer not below the rank of Assistant Inspector, without a warrant, by day or by night, to enter and inspect any premises or place wherein he has just cause to believe that there is evidence relevant to the making of a detention order or a restriction order, or that an offence under these Regulations has been, is being or is about to be committed, and to search any part of such premises or place and then and there to take all necessary measures for the retention and preservation of such evidence or for the effectual prevention or detection of such offence. (As amended by Nos. 8 and 66 of 1965) 24. (1) It shall be lawful for an authorised officer, without warrant, by day or by night, to stop and search any vehicle which is in motion or to search any vehicle which is stationary which he has just cause to believe(a) may contain any person who has committed or is about to commit an offence under these Regulations or any other written law; (b) (i) (ii) contains evidence relevant tothe making of a detention order or a restriction order; an offence under these Regulations or any other written law.
Power to stop and search vehicles

(2) Any person who, without reasonable excuse, the proof whereof shall lie on him, fails or refuses to comply with a request or signal made to him by an authorised officer in the exercise of the powers conferred upon such officer by sub-regulation (1), shall be guilty of an offence and liable upon conviction to a fine not exceeding seven hundred and fifty penalty units or to imprisonment for a period not exceeding three months, or to both. (3) For the purposes of this regulation, "authorised officer" means any police officer, any District Messenger, or any member of the Defence Force when acting in aid of the civil power. (As amended by Nos. 8 and 66 of 1965 and Act No. 13 of 1994)

Publicity for orders 25. When any order, direction or notice is made or given under the provisions of these Regulations, the person issuing such order, direction or notice shall cause notice thereof to be given in such manner as he thinks necessary for bringing it to the notice of all persons who in his opinion ought to have notice of the order, direction or notice and, without prejudice to the generality of this above provision, it shall be a sufficient notification of any order, direction or notice if it shall be published in the Gazette, or, in the case of an order, direction or notice addressed to an individual, if it is brought to his notice by service, by post or otherwise.

Obstruction of 26. Any person who obstructs, knowingly misleads, or otherwise officers interferes with or impedes, or withholds any information in his possession which he may reasonably be required to furnish from, any officer or other person who is carrying out the orders of the President or who is otherwise acting in accordance with his duty under these Regulations shall be guilty of an offence.

27. The President may, by writing under his hand, and either generally Delegation of or specially, depute any person or persons, either by name or by office, functions to exercise all or any of the functions conferred upon the President by these Regulations, subject to such conditions, if any, as he may specify, and thereupon any person so deputed shall have and may exercise such functions accordingly, but no such delegation shall affect or impair the power of the President to act himself under these Regulations. 28. If the fulfilment by any person of any contract is interfered with by Effect of the necessity on the part of himself or of any other person of complying regulations on contracts with these Regulations or any rule, order, notice, scheme or direction thereunder, that necessity shall be a good defence to any action or proceedings taken against that person in respect of the non-fulfilment of such contract so far as it is due to that interference. 29. (1) Without prejudice to the operation of any other written law, any Attempt to commit offences, etc. person who attempts to commit, conspires with any other person to commit, or does any act preparatory to the commission of any offence against any of these Regulations shall be guilty of an offence against that regulation and shall be liable upon conviction to the punishment provided in respect of such first-mentioned offence.

(2) Any person who does any act preparatory to the commission of an offence against any written law relating to injury to the person or damage to property, whether real or personal, shall be guilty of an offence. 30. (1) A subordinate court of the first or second class may try any offence under these Regulations and impose any sentence provided for in these Regulations. (2) A subordinate court of the third class may try any offence under these Regulations in respect of which the penalty is provided under regulation 47 and may impose any penalty provided for in such regulation.
Cap. 88 (3) The provisions of the Criminal Procedure Code relating to the confirmation of sentences and fines imposed by subordinate courts shall apply to any sentence or fine imposed in respect of an offence under these Regulations. Jurisdiction of subordinate courts

Cap. 87 (4) Notwithstanding the provisions of any other written law to the contrary, a subordinate court may inquire into or try any offence which it has jurisdiction to try under the Penal Code, these Regulations or any other written law, whether or not the offence was committed within the district in which such subordinate court has jurisdiction.

(5) For the purposes of this regulation, "district" shall have the meaning Cap. 88 which is assigned to it in section two of the Criminal Procedure Code. 31. (1) Notwithstanding the provision of any written law to the Jurisdiction of contrary, a local court shall have and may exercise jurisdiction to try any local courts offence under regulations 13 and 36 and accordingly such local court(a) and (b) shall administer the provisions of the said regulations 13 and 36;

may impose any sentence provided for in those regulations:

Provided that nothing in this sub-regulation shall confer jurisdiction on a

local court to try any offence under regulation 13 where the person charged with the offence is a Chief. (2) In this regulation, "local court" has the meaning assigned to it in the Cap. 29 Local Courts Act. (No. 335 of 1969) 32. Any person who contravenes a condition contained in an exemption granted in terms of these Regulations shall be guilty of an offence. 33. (1) Whenever the President is satisfied that for the purpose of preserving public security it is necessary to exercise control over any person, the President may make an order against such person, directing that such person be detained and thereupon such person shall be arrested, whether in or outside the prescribed area, and detained. (2) The President may at any time vary or revoke any detention order or may direct that the operation of such order be suspended subject to such conditions, if any, as the President may think fit, and may at any time revoke any such order of suspension or vary any such conditions. (3) Without prejudice to the generality of sub-regulation (2), where a detention order is suspended, the person against whom such order is made may be subjected to conditions(a) imposing upon him such restrictions as to place of residence, business or employment, or association or communication with other persons, as the President may think fit; (b) prohibiting him from being out of doors between such hours as may be specified except with the authority of a written permit granted by a competent authority; (c) requiring him to notify his movements in such manner, at such times and to such authority or person as may be specified; (d) prohibiting or restricting the possession or use by him of any specified article; or Offence for contravention of condition Detention orders

(e) prohibiting him from travelling except in accordance with permission given to him by a competent authority. (4) If any person contravenes any condition attached to the suspension of a detention order, that person shall, whether or not the suspension is revoked or the order varied in consequence of such contravention, be guilty of an offence. (5) Any person detained in pursuance of this regulation shall be deemed to be in lawful custody and shall be detained in such place within or without the prescribed area as may be authorised by the *President and in accordance with such instructions as the President may issue in that behalf: * Mumbwa Prison authorised by G.N. No. 388 of 1964. Kabwe and Lusaka Prisons authorised by Gazette Notice No. 733 of 1967. Mpima authorised by Gazette Notice No. 909 of 1967. Provided that, where the President authorises the detention of any Cap. 97 person in any place declared to be a prison under the Prisons Act, nothing in this sub-regulation shall be to the prejudice of any power under the said Act to direct the removal of such person from such prison to any other prison within Zambia. (6) Any police officer of or above the rank of Superintendent may, without warrant, arrest any person in respect of whom he has reason to believe that there are grounds which would justify his detention under this regulation, and may order that such person be detained for a period not exceeding seven days pending a decision whether a detention order should be made against him, and the provision of sub-regulation (5) shall apply in respect of his detention during such period: Provided that a person arrested under this sub-regulation shall be released where, before a decision is reached as to whether or not a detention order should be made against him, the police officer who arrested him finds, on further inquiry, that there are no grounds which would justify his detention under this regulation. (7) (1) There shall be a Tribunal or such number of Tribunals as the

President considers necessary or expedient for the purposes of this regulation. (2) A Tribunal shall consist of(a) a chairman, qualified to be enrolled as an advocate in Zambia, appointed by the Chief Justice; (b) such other persons as the President may appoint.

(8) Where a person is lawfully detained under this regulation, his case shall be reviewed not more than one month after the commencement of his detention and thereafter during his detention at intervals of not more than six months by a Tribunal established under sub-regulation (7). (9) A Tribunal established under sub-regulation (7) may exclude from proceedings before it persons other than the parties to the proceedings and their legal representatives to such extent as the Tribunal may consider necessary or expedient in the interests of defence, public safety, public order, public morality or the protection of the private lives of persons concerned in the proceedings. (10) On any review by a Tribunal in pursuance of this regulation of the case of a detained person, the Attorney-General, or such public officer or class of public officers as may be specified by him or a legal practitioner instructed in that behalf by the Attorney-General, shall have a right of audience before the Tribunal for the purpose of presenting the case and may make representations to the Tribunal. (11) On any review by a Tribunal in pursuance of this regulation of the case of a detained person, the Tribunal may make recommendations concerning the necessity or expediency of continuing his detention to the President, but the President shall not be obliged to act in accordance with any such recommendation. (No. 377 of 1964 as amended by No. 389 of 1964, Nos. 8, 104, 127 of 1965 and Nos. 33 and 39 of 1993) 34. (1) Where any article has come into the possession of an executive Retaining authority (whether in consequence of the seizure of the article under any possession of

of these Regulations or otherwise) and it appears to him that the article is articles or may be relevant to the making of a detention order, such executive authority may retain such article for so long only as may be necessary to investigate or inquire whether or not a detention order should be made: Provided that no such article may be retained for any period exceeding the period for which this regulation is in force. (2) Any person aggrieved by the retention of an article under this regulation may make his objection to a Tribunal established under regulation 33, and the Tribunal shall consider such objection. (3) For the purposes of this regulation, any authority, officer or other person whatsoever having functions in connection with the execution of these Regulations shall be an executive authority. (No. 377 of 1964) 35. (1) If any person, upon being questioned by a police officer, fails to Power to detain satisfy such officer as to his identity or as to the purpose for which he is suspected persons in the place in which he is found, such police officer may, if he reasonably suspects that such person has committed an offence, or when he reasonably considers it necessary to prevent his committing an offence, arrest him, and detain him, or order him to be detained. (2) No person shall be detained under the powers conferred by this regulation for a period exceeding twenty-four hours except with the authority of a magistrate or of a police officer not below the rank of Assistant Superintendent, on whose direction such person may be detained for a further period of forty-eight hours: Provided that if a magistrate is satisfied that the necessary inquiries cannot be completed within such further period of forty-eight hours, he may direct that such person may be detained for a further period not exceeding seven days. (3) Any person detained under the powers conferred by this regulation shall be deemed to be in lawful custody and may be detained in any prison or police station or in any place authorised under sub-regulation (5) of regulation 33.

36. Any person who harbour or conceals any other person whom he Harbouring knows or has reason to believe to be a person whose presence, activities suspected or movements constitute a threat to the preservation of public security persons shall be guilty of an offence and be liable to a fine not exceeding one thousand five hundred penalty units or to imprisonment for a period not exceeding six months, or to both such fine and imprisonment. (No. 335 of 1969 and No. 13 of 1994) 37. 38. 39. 40. 41. Revoked by S.I. No. 39 of 1993. Revoked by S.I. No. 39 of 1993. Revoked by S.I. No. 39 of 1993. Revoked by S.I. No. 39 of 1993. Revoked by S.I. No. 39 of 1993.

42. (1) If, in respect of any prescribed area or part thereof, it appears to Prohibited areas the President that persons are or may be resorting thereto or concealing themselves or residing therein in circumstances in which the presence, activities or movement of such persons in, into or out of such area constitutes a threat to the maintenance of public order, he may by order declare such area to be a prohibited area for the purposes of these Regulations. (2) An order made under this regulation shall come into force upon such date as may be specified therein, and so long as the order is in force, subject to any exemptions for which provisions may be made by the same or any subsequent order, no person shall enter or re-enter or remain in or be within any part of the prohibited area unless he is in possession of a permit issued by a competent authority. (3) A permit issued under sub-regulation (2)(a) shall be in such form as the authority issuing it shall determine;

(b) shall be subject to such conditions as may be contained therein or be endorsed thereon; and (c) may be revoked at any time by any authority empowered to issue such permits; and any person claiming to be the holder of such a permit shall, on demand made in that behalf by an authorised officer, produce the permit to such officer. (4) Any person who is unlawfully in any prohibited area, or who fails to comply with or contravenes the terms of any direction, order or permit given or issued under the provisions of this regulation, shall be guilty of an offence. (5) Without prejudice to any proceedings which may be taken under these Regulations, any person who is unlawfully in any prohibited area or who contravenes the terms of any direction, order or permit given or issued under the provisions of this regulation may be removed from such place or area by an authorised officer, who may use all necessary force to effect such removal. Any person whilst being so removed shall be deemed to be in lawful custody. (6) Any person who is removed from a prohibited area under sub-regulation (5) may be removed to any part of Zambia. (7) Whenever any person has been removed to an area under sub-regulation (6), he shall immediately upon his arrival therein report himself to the nearest officer in charge of police in the District, and shall thereafter so report himself at such intervals as the officer in charge of police may determine, and any person who fails to comply with the provisions of this sub-regulation shall be guilty of an offence against these Regulations. (8) For the purposes of this regulation, "authorised officer" means any magistrate, police officer or member of the Defence Force. (As amended by Nos. 8 and 66 of 1965) 43. Revoked by S.I. No. 39 of 1993.

44. (1) Any person who exports from Zambia any petroleum product-

Smuggling of any petroleum product Cap. 322

(a) or

otherwise than in accordance with the Customs and Excise Act;

(b) in contravention of any written law or order prohibiting, restricting or regulating the export of any petroleum product; shall be guilty of an offence and liable on conviction to imprisonment for a period not exceeding fifteen years. (2) Where the amount of any petroleum product involved in the commission of any offence exceeds four hundred and forty-five litres, a sentence of not less than three years shall be imposed on the person convicted of that offence. (3) For the purposes of this regulation, "petroleum product" means a refined petroleum capable of being used as a motor spirit or diesel fuel or power paraffin or aviation spirit, but does not include illuminating paraffin. (No. 75 of 1966 as amended by No. 218 of 1966) 45. (1) Any person who is in possession of any petroleum product, without lawful authority, the burden of proving which shall be on him, shall be guilty of an offence and liable on conviction to imprisonment for a period not exceeding five years. (2) Where the amount of any petroleum product involved in the commission of any offence exceeds four hundred and forty-five litres, a sentence of not less than one year shall be imposed on the person convicted of that offence. (3) For the purposes of this regulation, "petroleum product" means a refined petroleum capable of being used as a motor spirit or diesel fuel or power paraffin or aviation spirit, but does not include illuminating paraffin. Possession of any petroleum product

(No. 75 of 1966) 46. Any person who incites, instigates, or in any way encourages or persuades, any person or class of persons employed in a necessary service to absent himself from such employment or otherwise to fail to perform his work or duties in or about that necessary service, knowing or having reasonable cause to believe that the probable consequence of such absence or failure, either alone or in combination with others, would be to deprive the public wholly or to any extent of that service shall be guilty of an offence. (No. 239 of 1968) 47. (1) Any person guilty of an offence under these Regulations for Penalties which no other penalty is provided shall be liable on conviction to a fine not exceeding fifteen thousand penalty units or to imprisonment for a period not exceeding two years, or to both. (2) Where the person guilty of an offence under these Regulations is a corporation, company or society, any director, officer or trustee or other person concerned with the management thereof shall be guilty of the like offence unless he proves that the offence was committed without his knowledge or consent. (As amended by No. 13 of 1994) Persons influencing employees in necessary services

SCHEDULE
(Regulations 2 and 3) PRESCRIBED AREAS All Provinces. (No. 359 of 1965)

THE PRESERVATION OF PUBLIC SECURITY (DETAINED PERSONS) REGULATIONS [ARRANGEMENT OF REGULATIONS]

Regulation 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. Title Application of Regulations Interpretation Interpretation of other written laws Powers of Commissioner Appointment and general duties of officers in charge Appointment and duties of officers and guards Powers of officers in charge, officers and guards Detention and removal Search of detained persons Property of detained persons Medical examination and weighing Food and necessaries Clothing Smoking and newspapers Employment Exercise Visits Letters Punishment for scheduled offences Committee of Inspection Examination of articles and search by officers, etc. Offences in respect of places and detained persons Prohibited articles and unauthorised communications Searches

26. 27. 28. 29. 30.

Use of force and communication with detained persons Use of weapons by officers and guards Offences Power to punish officers and guards Proceedings

FIRST SCHEDULE-Scheduled offences SECOND SCHEDULE-Normal and reduced diets SECTION 3-THE PRESERVATION OF PUBLIC SECURITY (DETAINED PERSONS) REGULATIONS Regulations by the President
Government Notices 412 of 1964 497 of 1964 Statutory Instruments 8 of 1965 66 of 1965 Act No. 13 of 1994

1. These Regulations may be cited as the Preservation of Public Security (Detained Persons) Regulations. 2. These Regulations shall apply to the whole of Zambia.

Title

Application of Regulations

3.

In these Regulations, unless the context otherwise requires-

Interpretation

"Commissioner" means the Commissioner of Prisons; "detained person" means a person detained under the authority of a detention order, or under the provisions of sub-regulation (6) of regulation 33 of the Preservation of Public Security Regulations, or, where any person detained under regulation 35 of the said Regulations is detained in a place of detention, such person; "detention order" means an order made against any person under the provisions of sub-regulation (1) of regulation 33 of the Preservation of Public Security Regulations;

"guard" means a person appointed as such under the provisions of regulation 7; "officer" means a person appointed to be an officer under regulation 7; "officer-in-charge", in relation to any place of detention, means the person appointed by the Commissioner to be in charge of such place; "place of detention" means a place authorised by the President under the provisions of sub-regulation (5) of regulation 33 of the Preservation of Public Security Regulations; "police officer" means any member of the Zambia Police Force or the Zambia Police Reserve and a Special Constable; "prohibited article" means any article other than(a) an article issued to a detained person by an officer-in-charge; or

(b) an article which a detained person is permitted by these Regulations or by an officer-in-charge to retain; "removal order" means an order made under the provisions of sub-regulation (2) of regulation 9 directing that a detained person be removed from one place of detention to another; "scheduled offence" means an offence specified in the First Schedule. (As amended by No. 8 of 1965) 4. In any written law relating to the remand or safe custody of accused Interpretation of persons or persons awaiting trial, "prison", "place of security" and other written "place of safety" shall, notwithstanding anything to the contrary laws contained in such law, include a reference to a place of detention. 5. The Commissioner shall, subject to the general or special directions Powers of of the President, be responsible for the general control and Commissioner administration of all places of detention and for the security and proper treatment of all detained persons therein, and he may issue standing orders for these purposes.

6. (1) The Commissioner shall, in respect of every place of detention, appoint a public officer to be the officer-in-charge thereof.

Appointment and general duties of officers in charge

(2) The officer-in-charge shall, subject to the directions of the Commissioner, have and be responsible for the control and administration of the place of detention of which he is appointed and shall be responsible to the Commissioner for the treatment of detained persons in his custody and the conduct of officers and guards under his control, and for the due observance by such officers, guards and detained persons of the provisions of these Regulations, and shall maintain such records and observe such standing orders as the Commissioner shall direct. (As amended by No. 8 of 1965) 7. (1) The Commissioner may appoint such number of persons to be officers and guards for the purposes of these Regulations as he shall think necessary to ensure the safe custody of detained persons in places of detention and for the control and proper governance and administration of places of detention. (2) It shall be the duty of officers and guards appointed under these Regulations to do all things that are necessary for preventing detained persons from escaping and for maintaining good order in places of detention and for ensuring that the provisions of these Regulations are observed so far as it is within their competence to do so. (As amended by No. 8 of 1965) 8. Officers-in-charge, officers and guards appointed under these Regulations shall have all the powers, privileges and protection of a police officer. Powers of officers in charge, officers and guards Appointment and duties of officers and guards

9. (1) Every officer-in-charge is hereby authorised and required to keep Detention and and detain all detained persons duly conveyed to a place of detention of removal which he is in charge, or transferred thereto under a removal order, according to the provisions of these Regulations until such person is

lawfully discharged or removed from his custody. (2) The Commissioner, or any person authorised by him in that behalf, may, by written order, direct that a detained person be removed from one place of detention to another, and such person whilst being so removed shall be deemed to be in lawful custody. (3) Any person, on production of an order in writing from a police officer not being below the rank of Sub-Inspector and with the approval of the officer-in-charge of a place of detention, may interview any detained person within a place of detention in the sight and hearing of an officer or guard of the place of detention for purposes connected with the investigation of any offence whatsoever or with the preservation of public security. If the officer-in-charge is satisfied that the detained person is willing to be interviewed by police officers out of the sight and hearing of an officer or guard of the place of detention, then the officer-in-charge may permit that detained person to be interviewed by not less than two police officers within the place of detention and out of the sight and hearing of an officer or guard of the place of detention. (4) If a police officer not being below the rank of Sub-Inspector certifies verbally or in writing that a detained person is required at a police station or other place in connection with the investigation of an offence or with the preservation of public security, the officer-in-charge shall permit the temporary removal to the police station or other place of such detained person in the custody of a police officer duly authorised in writing in that behalf by the said superior police officer for such period as the said superior police officer may require. 10. Every detained person, male or female, may be searched on admission to a place of detention, and all prohibited articles taken from him. 11. (1) All money, clothes or other effects, other thanSearch of detained persons Property of detained persons

(a) (b)

a reasonable amount of clothing for wear during detention; and such property as the officer-in-charge, in his discretion, permits

to be retained; and (c) articles which a detained person is permitted to have by virtue of any provision of these Regulations; brought into a place of detention by a detained person or sent to such place of detention for the use of such person shall be taken into the custody of the officer-in-charge, who shall keep an inventory of the same, and all such money, clothes or other effects shall be returned to the detained person when he is lawfully released or removed from the custody of the officer-in-charge. (2) All property taken into the custody of an officer-in-charge under the provisions of sub-regulation (1) shall be labelled so as to be easily identifiable as the property of the person from whom it is taken, and such person shall acknowledge that the property taken from him is correctly listed by affixing his signature or mark against the entry relating to his property in such inventory. (3) An officer-in-charge may refuse to take into a place of detention any property of a detained person which, by reason of its bulk, nature or excessive quantity, cannot be conveniently stored in such place of detention. (4) Subject to the provisions of these Regulations, an officer-in-charge shall give a detained person every facility to dispose of any property belonging to him which was brought or sent into a place of detention by or on behalf of such person. (5) The officer-in-charge shall inspect the place where the property of detained persons is stored at regular intervals and shall take such steps as he may consider necessary for its proper preservation. 12. The officer-in-charge shall, if circumstances permit, cause every detained person to be medically examined by a medical officer and weighed immediately on his admission to a place of detention and at convenient intervals thereafter. Medical examination and weighing

13. (1) Unless he is placed on a reduced diet under the provisions of Food and regulation 20, every detained person shall receive the normal diet set out necessaries in the Second Schedule, with such variations, if any, as the

Commissioner may from time to time authorise, either generally or specifically. (2) An officer-in-charge may in his discretion or on the advice of a medical officer, cause any detained person to receive a diet varied in such manner as the said officer-in-charge or medical officer may recommend. (3) So far as may be reasonably practicable, and subject to the directions of an officer-in-charge as regards quantity, a person under detention may secure or purchase such luxuries, including clothing and tobacco, as are consistent with good order and discipline: Provided that all such articles must be received or bought through the officer-in-charge, who may impound any article, the possession of which is prohibited by standing orders or which, in his opinion, is likely to be dangerous to health or life or is likely to facilitate escape from the place of detention. (4) An officer-in-charge may regulate the amount of food and other necessaries procured by any detained person. (5) The officer-in-charge may order that anything received by a detained person under the provisions of sub-regulation (3) be examined, and anything discovered in the course of such examination shall be dealt with under the provisions of regulation 11. 14. (1) A detained person shall not be compelled to wear clothing supplied by the officer-in-charge unless, in the opinion of such officer, his own clothing is insufficient, improper or in an insanitary condition. (2) An officer-in-charge may require any detained person who attempts to escape to wear such clothing as the officer-in-charge may determine. 15. A detained person shall be permitted to smoke tobacco and receive Smoking and newspapers, books and magazines subject to such restrictions as to time newspapers and place as the officer-in-charge may determine. Clothing

16. (1) Subject to the provisions of sub-regulation (2), no detained person shall be compelled to perform any work but a detained person may elect to be given employment and in such case shall be eligible to receive such payment as the Commissioner may determine. (2) A detained person shall keep his room, the precincts thereof, his clothing, furniture and utensils clean and tidy and shall assist in the preparation of his food.

Employment

17. A detained person may exercise daily during such periods as shall Exercise be permitted by the officer-in-charge. 18. (1) A detained person may be visited once in any week by persons Visits authorised by the officer-in-charge and may in special circumstances be allowed further visits in the discretion of the officer-in-charge. (2) Visits shall be made at such times and places and subject to such conditions as the officer-in-charge may specify. (3) A detained person shall not be visited by more than two visitors at any one time. (4) The officer-in-charge shall permit the legal representative of a detained person to interview such person at such times and subject to such conditions as the officer-in-charge may specify and such interviews shall not be reckoned as visits for the purpose of sub-regulation (1). (5) A legal practitioner who wishes to interview any detained person shall, if so requested by the officer-in-charge, produce proof to the satisfaction of the officer-in-charge that he is the legal representative of the person whom he wishes to interview. 19. (1) A detained person shall be permitted each week(a) to receive one letter; and Letters

(b) to write one letter not exceeding four pages in length on paper supplied by the officer-in-charge. (2) The officer-in-charge may, at his discretion, permit a detained person to receive and write more than one letter each week. (3) The officer-in-charge may, in his discretion, permit a detained person to write a letter and receive a reply thereto as an alternative to receiving a visitor under these Regulations. (4) The officer-in-charge or any person duly authorised in that behalf by him shall read every letter to or from a detained person and may stop any such letter if, in his opinion, its contents are objectionable. A detained person shall be given the opportunity to write another letter if his first letter is stopped. (5) A detained person by whom or to whom a letter is written which is stopped under the provisions of sub-regulation (4) shall forthwith be advised that such letter has been stopped, and the officer-in-charge shall forward the letter to the Commissioner who may give directions, either generally or specially, as to the disposal of the letter including directions for impounding or destroying the letter or for obliterating or excising any objectionable matter therein before it is transmitted to the addressee. 20. (1) An officer-in-charge may punish any detained person found after due inquiry to be guilty of a scheduled offence by ordering him to undergo one or more of the following punishments: (a) separate confinement in a separate cell or other place set aside for such punishment for a period not exceeding sixteen days on the normal diet as set out in the Second Schedule; (b) separate confinement in a separate cell or other place set aside for such punishment for a period not exceeding seven days upon a reduced diet as set out in the Second Schedule; (c) deprivation for such period as the officer-in-charge may think fit of any privilege relating to food, books, clothing, letters, or any other matter whatever to which the detained person may be entitled under these Regulations; or Punishment for scheduled offences

(d)

reprimand:

Provided that no offender shall be awarded more than one of the punishments set out in paragraphs (a) and (b) in respect of any offence or offences forming the subject of a single inquiry. (2) Any person aggrieved by an order made under the provisions of sub-regulation (1) may appeal in writing therefrom to the Commissioner and the decision of the Commissioner on any such appeal shall be final. (3) Where any person appeals to the Commissioner under sub-regulation (2), the officer-in-charge shall forthwith cause such appeal to be transmitted to the Commissioner with a full statement of the case and all evidence. 21. (1) The President may appoint two or more persons to constitute a Committee of Inspection (hereinafter referred to as the Committee) for any place or places of detention. (2) The President shall nominate one of the Committee as chairman and such chairman shall be responsible for ensuring compliance with the provisions of this regulation. (3) In the absence or incapacity of any member of the Committee, the remaining member or members shall have the powers and exercise the duties of the Committee, and, if the chairman is absent or incapacitated, shall be responsible for ensuring compliance with the provisions of this regulation. (4) The Committee may at any time visit the place or places of detention in respect of which it has been constituted and shall do so at least once in every month. (5) The Committee shall hear any complaint (not being a complaint relating to the validity of a detention order or relating to the grounds upon which such detention order was made) which any detained person may wish to make, and it shall be the duty of the officer-in-charge to Committee of Inspection

inform the Committee of any detained person who wishes to make a complaint. (6) The Committee shall record its visits in the minute book which shall be kept at every place of detention and enter any remarks and recommendations which it may wish to make, and copies of any such remarks and recommendations shall be sent by the officer-in-charge without delay to the Commissioner, together with a report on any action taken. 22. (1) Any officer or guard attached to a place of detention may examine anything carried into or out of such place, and may stop and search, or cause to be stopped and searched, any person entering or leaving such place of detention. (2) For the purpose of ensuring that prohibited articles are not being kept in any place of detention, the officer-in-charge may cause such place of detention and all detained persons therein to be searched at such times as he may determine. (3) Any prohibited articles found as a result of any examination or search under the provisions of this regulation shall be dealt with under the provisions of regulation 11. 23. Any person whoOffences in respect of places and detained persons Examination of articles and search by officers, etc.

(a) is found loitering within 91.44 metres of any place of detention and who fails to depart therefrom upon being required so do to by any officer or guard of the place of detention or by a police officer; (b) harbours or employs any detained person whom he knows to be unlawfully at large; or (c) wilfully interferes with any detained person; shall be guilty of an offence and liable upon conviction to a fine not exceeding one thousand five hundred penalty units or to imprisonment for a period not exceeding six months, or to both. (As amended by No. 13 of 1994) 24. (1) Any person-

Prohibited articles and

unauthorised communications (a) who by any means whatever introduces into any place of detention or removes therefrom any prohibited article; (b) who gives to or takes from, any detained person any prohibited article; (c) being a detained person, who communicates or attempts to communicate with any person who is not a detained person or with any detained person who is detained in some other place of detention, otherwise than in accordance with these Regulations; or (d) not being a detained person, who communicates or attempts to communicate with a detained person otherwise than in accordance with these Regulations; shall be guilty of an offence and shall be liable to a fine not exceeding one thousand five hundred penalty units or to imprisonment for a period not exceeding six months, or to both. (2) When any person in the presence of any officer or guard commits any offence specified in this regulation, and refuses on demand of such officer or guard to state his name and residence, or gives a name or residence which such officer or guard knows or has reason to believe to be false, such officer or guard shall arrest him and shall without unnecessary delay make him over to a police officer. (As amended by No. 13 of 1994) 25. Where any detained person is searched under any of the provisions Searches of these Regulations, such search shall be carried out by a person of the same sex as such detained person and no person of the opposite sex shall be present during such search. 26. (1) An officer-in-charge, officer or guard in dealing with a detained Use of force person shall not use force unless its use is necessary, and no more force and than is reasonably necessary shall be used. communication with detained persons

(2) Subject to the provisions of regulation 27, an officer-in-charge, officer or guard shall not strike a detained person unless he is compelled to do so in self-defence or the defence of others. (3) An officer-in-charge, officer or guard shall not act in a manner calculated to provoke a detained person. 27. (1) Subject to the provisions of this regulation, an officer or guard may use a weapon againstUse of weapons by officers and guards

(a) (i)

a detained person who isescaping or attempting to escape;

(ii) engaged in a combined outbreak or in an attempt to force, break open or scale the outside door, gate fence or enclosure wall of the place of detention; or (iii) and (b) using violence to him or another officer or guard or other person;

a person who-

(i) whilst assisting a detained person to escape, is using violence to such officer or guard or other person; or (ii) is engaged in a combined break-in or in an attempt to force, break open or scale the outside door, gate, fence or enclosure wall of the place of detention or an inside door, gate, fence or wall of the place of detention. (2) Resort shall not be had to the use of a weapon unless(a) the officer or guard has reasonable ground to believe that he cannot otherwise prevent the escape or break-in; (b) the officer or guard gives a warning that he is about to use the weapon; and (c) the warning given by the officer or guard is unheeded.

(3) An officer or guard shall not, in the presence of an officer-in-charge, make use of a weapon as is authorised in sub-regulation (1), except on the orders of the officer-in-charge. (4) The use of weapons in pursuance of the provisions of this regulation shall be, as far as possible, to disable and not to kill. (5) For the purposes of this regulation, "weapon" shall include any firearm, baton or tear smoke. 28. (a) Any officer or guard whouses traitorous or disloyal words regarding the President; Offences

(b) is disrespectful in word, act, or demeanour to an officer-in-charge, officer or guard duly placed in authority over him; (c) disobeys or fails to comply with any lawful order, including any standing order issued by the Commissioner; (d) renders himself unfit for duty through drink or by the use of drugs; (e) absents himself without leave or overstays his leave or withdraws himself from duty; (f) neglects or refuses to assist in the apprehension of any person whom it is his duty to arrest; (g) allows to escape any detained person whom it is his duty to keep or guard; (h) offers or uses unwarranted personal violence to any person in his custody; (i) pawns, sells, loses by neglect, makes away with, wilfully spoils or fails to report any damage to any arms, ammunition, accoutrements, clothing, or any other public property; (j) steals or unlawfully destroys any property belonging or issued to a detained person; (k) without due authority, discloses or conveys any information concerning any investigation or matter relating to the Zambia Prison Service; (l) without proper authority, demands from any person any article, carriage or porterage; (m) makes or signs any false report or statement in any official

record or document, knowing or having reasonable ground to believe that the same is false; (n) knowingly makes a false accusation against any officer-in-charge, officer, guard or detained person, or wilfully suppresses any material facts, or makes or joins in making any anonymous complaint; (o) assists or connives with any detained person in having or obtaining any prohibited article; or (p) is guilty of any other act, conduct, disorder or neglect of duty to the prejudice of good order or discipline; shall be guilty of an offence against discipline. (As amended by No. 66 of 1965) 29. (1) Alleged offences against discipline may be inquired into by the Power to punish officers and Commissioner or a senior Prisons Officer appointed by the guards Commissioner or an officer-in-charge. (2) Where an officer conducting an inquiry into an offence against discipline is satisfied that such offence has been committed, he may punish the offender by(a) (b) (c) (d) admonition; reprimand or severe reprimand; extra duty not exceeding seven days; or fine not exceeding one-half of a month's pay:

Provided that the imposition of a fine of or above the amount of thirty penalty units under paragraph (d) shall be subject to confirmation by the Commissioner. (3) The Commissioner shall have the power to reduce or quash any sentence passed by an officer-in-charge and may at any time before it is carried out vary any punishment imposed under this regulation. (As amended by No. 13 of 1994) 30. (1) Every officer empowered to hold an inquiry under regulation 29 Proceedings

shall have power to summon and examine witnesses and to require the production of all documents relevant to such inquiry and to adjourn any hearing from time to time. (2) In every inquiry under regulation 29 the proceedings and findings shall be recorded in writing. (3) Any person summoned as a witness under sub-regulation (1) who fails to attend at the time and place mentioned in the summons, or an adjournment, or refuses to answer any question that is lawfully put to him or makes any false statement shall be guilty of an offence and shall be liable upon conviction to a fine not exceeding one hundred and fifty penalty units or to imprisonment for a period not exceeding one month, or to both: Provided that no such witness shall be obliged to answer any question which may tend to incriminate him or render him liable to any forfeiture or penalty. (As amended by No. 13 of 1994)

FIRST SCHEDULE
(Regulation 3)

SCHEDULED OFFENCES
1. Mutiny and incitement to mutiny. 2. Escape or attempting to escape. 3. Assault on any officer or guard at a place of detention. 4. Shouting or making unnecessary noise. 5. Assaulting or taking part in any attack on or quarrelling or fighting with a detained person, including aggravated or repeated assaults. 6. Doing any act or using any language calculated to wound or offend the feelings or prejudices of any detained person. 7. Using any abusive or indecent language or indulging in any indecent gesture or act. 8. Committing a nuisance in any part of a place of detention. 9. Treating with disrespect any person lawfully visiting any place of detention or any person or officer employed in or in connection with any place of detention. 10. Wilfully destroying food or throwing it away without orders. 11. Omitting or refusing to keep himself clean or disobeying any order designed to preserve the health of detained persons. 12. Tampering in any way with locks, lights or other fixtures or fittings in a place of detention. 13. Stealing or without reasonable excuse interfering with the clothing or property of any other detained person. 14. Having in his possession any article which he is not entitled to have. 15. Spitting on or otherwise soiling any floor, door, wall or other part of a place of detention or any article therein. 16. Wilfully or negligently damaging or destroying any property of the Government. 17. Refusing to undergo medical treatment. 18. Disobeying or neglecting to comply with any reasonable order or direction brought to his notice in any manner. 19. Wilfully bringing a false accusation against any person or officer employed in or in connection with any place of detention. 20. Communicating with, or trying to communicate with, any person outside the place of detention otherwise than in accordance with provisions made under these Regulations.

21. Any other act, conduct, disorder or neglect which may reasonably be considered to be to the prejudice of good order or discipline. 22. Attempting to commit, or aiding, abetting or inciting the commission of any of the above offences.

SECOND SCHEDULE
(Regulations 13 and 20)

NORMAL DIET
Daily Issues Cereal meal (maize, bulrush millet, kaffircorn or finger millet) or rice (unpolished or parboiled) . . and bread (wholemeal or brown) and maize meal, etc. or starchy substitute (dry), e.g. cassava meal . . and skim milk .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 1,988 ml .. .. .. .. .. .. .. (198.45 g) (1,988 ml) 793.8 g 0.9 kg 99.225 g 340.2 g 99.225 g 396.9 g 568 ml (56.7 g) .. 568 ml (56.7 g) 56.7 g 56.7 g 7.087 g 14.175 g .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 567 g 113.4 g 340.2 g 113.4 g

(or equivalent powder) . .

or bananas* (unpeeled but excluding stalk) . . 2.025 kg and skim milk .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. (or equivalent powder) . . Ground-nuts (shelled) . . Salt .. .. .. .. .. .. .. .. and peas, beans, lentils or dahl Cocoa, coffee or tea and sugar Skim milk . .

21.262 g

Weekly Issues (or equivalent powder) (or full cream milk) . . and fresh meat or fresh fish and fat or dry fish and fat .. .. .. .. .. .. .. .. ..

Fat or oil

..

..

..

..

.. ..

.. ..

.. ..

.. .. ..

85.05 g 99.225 g 0.9 kg 113.4 g 0.9 kg .. 0.9

and margarine (vitaminised)

Mixed fresh vegetables (green leafy, green beans or peas, tomatoes, fresh peppers, carrots, onions, turnips) . . . .. .. or dehydrated vegetables (cabbage, cauliflower, green beans or peas, carrots) .. .. .. .. .. .. .. or canned vegetables (as above) . . .. .. .. .. Pumpkin and mixed fresh fruits (pawpaw, mango, banana guava, orange, grandilla, mulberry, lemon) .. .. .. .. kg

or mixed canned fruits as above (up to 226.8 g of fresh or canned fruit may be substituted by 28.35 g of dried fruits) .. .. .. kg * Banana not to be included if already included in daily issue. Only to be supplied when this food forms part of the habitual diet.

0.9

REDUCED DIET
Daily Issues Maize meal . . .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 340.2 g .. .. .. .. .. .. .. 3.544 g 21.262 g 340.2 g 340.2 g 56.7 g 283.5 g 56.7 g 7.087 g 28.35 g or cassava meal or millet meal . . Fresh vegetables . . or peas or beans or sweet potatoes Peas or beans Dripping .. .. ..

170.1 g

14.175 g

or ground-nut oil or red palm oil . . Salt .. .. Unlimited water.

or ground-nuts, shelled

SECTION 3-THE PRESERVATION OF PUBLIC SECURITY (RAILWAYS) REGULATIONS Regulations by the President

Statutory Instruments 230 of 1966 394 of 1966 130 of 1967 13 of 1994

1. These Regulations may be cited as the Preservation of Public Security (Railways) Regulations. 2. In these Regulations, unless the context otherwise requires-

Title

Interpretation

"Administrator" means the Administrator of Railways appointed under the provisions of regulation 3; "Executive Officer", in relation to the Railways, means the Managing Director of Zambia Railways or such other officer of the Railways as is responsible for the operation of the Railways within Zambia or any part of Zambia; and "Railways" means the established Railways by or under the Railways Act 3. For the purposes of these Regulations, there shall be an Administrator of Railways, who shall be appointed by the President. Cap. 453

Administrator of Railways

Functions of 4. (1) The Administrator may give to the Executive Officer of the Railways such directions as appear to the Administrator to be necessary Administrator or expedient for ensuring that, for the purpose of maintaining communication services essential to the life of the community, sufficient locomotives, units of rolling stock and other items of railway equipment are made available for the operational requirements of the Railways within Zambia and for operational use on railway systems other than the Railways. (2) Without prejudice to the generality of the powers conferred by sub-regulation (1), directions given under this regulation may(a) prohibit or control the movement from Zambia to Zimbabwe of

locomotives, rolling stock and other railway equipment and, in particular, may control such movement by specifying the numbers of locomotives, units of rolling stock and other items of railway equipment which shall be retained for the operational use of the Railways within Zambia or for operational use on any railway system other than the Railways; (b) require the movement from Zambia to any railway system other than the Railways of such numbers of locomotives, units of rolling stock and other items of railway equipment as the Administrator may specify; (c) require such information relating to the locomotives, units of rolling stock and items of other railway equipment operated by the Railways within Zambia and the movement thereof to be furnished to the Administrator as the Administrator may consider necessary for the effective exercise of his powers. (3) Directions given under this regulation may make provision only with respect to a specified class or classes of locomotives, rolling stock or other railway equipment and may make different provision with respect to different classes of locomotives, rolling stock or other railway equipment. 5. (1) The Administrator may give to the Executive Officer of the Railways such directions as appear to the Administrator to be necessary or expedient for ensuring that, for the purpose of maintaining communication services essential to the life of the community, a sufficient number of personnel is employed by the Railways for the operational requirements of the Railways within Zambia. (2) Without prejudice to the generality of the powers conferred by sub-regulation (1), in any directions given under sub-regulation (1) the Administrator may require the Executive Officer of the Railways to employ a specified person for a specified purpose or in a specified post and the Executive Officer shall comply with such directions, notwithstanding the provisions of any written law or agreement which may regulate employment for such purpose or in such post. (No. 394 of 1966) 6. Where the Administrator is satisfied that the continued employment Administrator of any employee by the Railways in Zambia will be detrimental to the may give Administrator may give directions concerning employees

good running of the Railways in Zambia, he may require the Executive Officer of the Railways to terminate in Zambia the employment of such employee by the Railways in Zambia and the Executive Officer shall comply with such directions, notwithstanding the provisions of any written law or agreement to the contrary. (No. 130 of 1967)

directions concerning dismissal of employees

7. It shall be lawful for the Administrator, or any person authorised by Powers of entry him in writing in that behalf, to enter and inspect at all reasonable times and inspection and without a warrant any premises occupied by the Railways for the purpose of securing information relating to the movement of locomotives, rolling stock and other railway equipment. 8. Any person whoOffences and penalties

(a) contravenes or fails to comply with any directions given under these Regulations with which it is his duty to comply; or (b) when required under these Regulations to furnish any information, furnishes information which is false in any particular; or (c) obstructs the Administrator or any person authorised by him in that behalf in the exercise of the powers conferred by regulation 7; shall be guilty of an offence and shall be liable, on conviction, to imprisonment for a period not exceeding three years.

Delegation of 9. The Administrator may, by writing under his hand, depute any functions of person or persons to exercise all or any of the functions of the Administrator Administrator under these Regulations, subject to such conditions, if any, as he may specify, and thereupon any person so deputed shall have and may exercise such functions accordingly; but no such delegation shall affect or impair the power of the Administrator to act himself under these Regulations. SECTIONS 3, 4 AND 5-THE PRESERVATION OF PUBLIC SECURITY (AIR SERVICES) REGULATIONS
Statutory Instrument 76 of 1966

Regulations by the President 1. These Regulations may be cited as the Preservation of Public Security (Air Services) Regulations.
Title

2.

In these Regulations, unless the context otherwise requires-

Interpretation Cap. 446

"the Act" means the Air Services Act; "air service" shall have the meaning assigned thereto in section two of the Act; "Minister" means the Minister responsible for transport; "permit" means a permit issued by the Minister under these Regulations authorising the holder thereof to provide an air service to, from or within Zambia. 3. Notwithstanding the provisions of the Act, no person shall provide an air service to, from or within Zambia(a) (b) whilst the permit authorising the provision of the air service is suspended; whether or not such person holds a permit issued under and in accordance with the provisions of the Act.

No air service to be provided otherwise than in accordance with the conditions of a permit; or without permit

4. (1) An application for the issue, renewal, transfer or amendment of a Application for permit shall be made to the Minister in such manner as the Minister may permit direct. (2) The provisions of subsections (2) and (3) of section five of the Act and, if the Minister so directs, such of the provisions of section six and seven of the Act as the Minister may specify, shall, mutatis mutandis, apply in relation to an application under and in accordance with sub-regulation (1). (3) If the Minister wishes to refer an application under and in accordance with the provisions of sub-regulation (1) to a tribunal, the provisions of sections nine to twelve, both inclusive, of the Act in relation to matters referred to a tribunal by the Minister shall, mutatis mutandis, apply.

(4) Where the Minister(a) has directed under the provisions of sub-regulation (2) that any of the provisions of sections six and seven of the Act shall apply in relation to any application; or (b) wishes to refer the application to a tribunal under the provisions of sub-regulation (3); the fee that would have been payable under the provisions of section twenty of the Act, had the application been made under the Act, shall be payable. 5. (1) The Minister may, with or without the recommendation of a tribunal, reject an application made under and in accordance with the provisions of sub-regulation (1) of regulation 4 or grant, revoke, suspend, transfer, renew or vary a permit, whether or not application therefor has been made, and include such conditions to a permit as he thinks necessary or expedient. (2) Where the Minister has granted a permit to any person, he may suspend the application of the Act in respect of the holder of such permit. 6. If a holder of a permit applies for the renewal of the permit before Renewal of the lapse of the period of its validity, the permit shall be treated as being permit in force until the holder is notified in writing on behalf of the Minister that the Minister has refused his application or has renewed the permit. 7. (a) (b) A person who contravenes or fails to comply withthe provisions of these Regulations; or the terms and conditions of a permit; Offences Rejection of application

shall be guilty of an offence and shall be liable, on conviction, to a fine not exceeding fifteen thousand penalty units or to imprisonment for a period not exceeding two years, or to both. (As amended by Act No. 13 of 1994) SECTIONS 3, 4 AND 5-THE PRESERVATION OF PUBLIC SECURITY (CONTROL OF WATERWAYS)
Statutory Instrument 325 of 1967

REGULATIONS Regulations by the President

Act No. 13 of 1994

1. These Regulations may be cited as the Preservation of Public Security (Control of Waterways) Regulations. 2. In these Regulations, unless the context otherwise requires-

Title

Interpretation

"authorised officer" means any police officer, immigration officer, customs officer or any member of the Defence Force when acting in aid of the civil power; "movement permit" means a permit issued under regulation 5; "restricted waterway" means a waterway declared under regulation 3 to be a restricted waterway; "vessel" includes every description of water craft used or capable of being used as a means of transportation on water; and "waterway" includes any river, stream, lake or dam. 3. The President may, by statutory order, declare any waterway or any Declaration of part of a waterway to be a restricted waterway. restricted waterways 4. Save in accordance with a movement permit or in the charge of a public officer acting in the course of his duties, it shall be unlawful for any vessel to enter into or to move within a restricted waterway. Restriction of movement of vessels

5. An authorised officer may issue a movement permit in the form set Movement out in the Schedule to any person in respect of any vessel and may permits endorse on the permit such conditions as he thinks fit as to(a) the period of its validity; (b) the purpose for which the vessel may be used within the restricted waterway; (c) the days or times of day during which the vessel may be used within the restricted waterway; and

(d) the area of the restricted waterway which the vessel may enter or within which it may move. 6. (a) An authorised officer may at any timestop a vessel in motion within a restricted waterway; Investigation by authorised officers

(b) board any vessel within a restricted waterway for the purpose of making inquiries as to the use or presence of the vessel within the restricted waterway; (c) demand of the person in charge of any vessel within a restricted waterway the production of a movement permit; (d) without warrant, search any vessel within a restricted waterway which he reasonably suspects may contain(i) or (ii) any person who has committed or is about to commit an offence;

any evidence relevant to an offence. Offences and penalties

7. (1) The person in charge of any vessel which enters into or moves within a restricted waterway in contravention of regulation 4, or of any condition attached to a movement permit, shall be guilty of an offence and liable, on conviction, to a fine not exceeding fifteen thousand penalty units or to imprisonment for a period not exceeding two years, or to both. (2) Any person who, without reasonable excuse, the proof whereof shall be upon him, fails or refuses to comply with a request or signal made by an authorised officer by virtue of the powers conferred upon him by regulation 6 to such person to stop his vessel, shall be guilty of an offence and liable on conviction to a fine not exceeding seven hundred and fifty penalty units or to imprisonment for a period not exceeding three months, or to both. (As amended by No. 13 of 1994)

8. (1) An authorised officer may without warrant arrest any person who Powers of arrest he reasonably suspects has committed an offence contrary to regulation and seizure 7.

(2) An authorised officer who has reasonable cause to believe that a vessel has been, is being or is about to be used in the commission of an offence contrary to regulation 7 may seize and retain that vessel for the purpose of preserving evidence of or preventing the commission of such offence.

SCHEDULE
REPUBLIC OF ZAMBIA PRESERVATION OF PUBLIC SECURITY (CONTROL OF WATERWAYS) REGULATIONS. (Regulation 5)

MOVEMENT PERMIT
Subject to the provisions of the Preservation of Public Security (Control of Waterways) Regulations, and to the special conditions set out below. permission is hereby granted to ....................................................................................... ............................................................................................................................. until................................................ ......................................................to *introduce into/use (date of expiry of permit) within the area of ..................................................................................... restricted waterway the vessel........... (description of vessel) .............. SPECIAL CONDITIONS 1. ................ (Purposes for which vessel may be used) .................. 2. .................... (Days or hours during which vessel may be used) .................. 3. ......................... (Limitations on area of restricted waterway in which vessel may be used) ...... ......... ..................................................................... OFFICIAL DATE STAMP ..............

(Signature) ..................................................................... (Official Position) * Delete whichever is inapplicable.

SECTIONS 3, 4 AND 5-THE PRESERVATION OF PUBLIC SECURITY (PROHIBITED WATERWAYS) REGULATIONS Regulations by the President IN EXERCISE of the powers conferred upon the President by sections three, four and five of the Preservation of Public Security Act, the following Regulations are hereby made: 1. These Regulations may be cited as the Preservation of Public Security (Prohibited Waterways) Regulations, 1972. 2. In these Regulations, unless the context otherwise requires"authorised officer" means any police officer, immigration officer, or customs officer or any member of the Defence Force when acting in aid of the civil power; "prohibited waterway" means a waterway declared under regulation 3 to be a prohibited waterway; "vessel" includes every description of water craft used or capable of being used as a means of transportation on water; "waterway" includes any river, stream, lake or dam. 3. The President may by order declare any waterway or any part of a waterway to be a prohibited waterway.

Statutory Instrument 200 of 1972

Title

Interpretation

Declaration of prohibited waterways Prohibition of movement of vessels

4. (1) Subject to the provisions of sub-regulation (2), it shall be unlawful for any vessel to enter into or to move within a prohibited waterway. (2) The provisions of sub-regulations (1) shall not apply to a vessel in charge of a public officer acting in the course of his duties.

5. (a)

An authorised officer may at any timestop a vessel in motion within a prohibited waterway;

Investigation by authorised officer

(b) board any vessel within a prohibited waterway for the purposes of making inquiries as to the use or presence of the vessel within the prohibited waterway; (c) without warrant, search any vessel within a prohibited waterway. 6. (1) The person in charge of any vessel which enters into or Offences and penalities

moves within a prohibited waterway in contravention of regulation 4 shall be guilty of an offence and liable on conviction to a fine not exceeding ten thousand penalty units or to imprisonment for a period not exceeding two years, or to both. (2) Any person who, without reaonable excuse, the proof whereof shall be upon him, fails or refuses to comply with a request or signal made by an authorised officer by virtue of the powers conferred upon him by regulation 5 to such person to stop his vessel, shall be guilty of an offence and liable on conviction to a fine not exceeding five hundred penalty units or to imprisonment for a period not exceeding three months, or to both. 7. (1) An authorised officer may without warrant arrest any person who Powers of arrest he reasonably suspects has committed an offence contrary to regulation and seizure 6. (2) An authorised officer who has reasonable cause to believe that a vessel has been, is being or is about to be used in the commission of an offence contrary to regulation 6 may seize and retain that vessel for the purpose of preserving evidence of or preventing the commission of such offence. 8. The operation of the Preservation of Public Security (Control of Waterways) Regulations, and any order made or any movement permit issued thereunder is hereby suspended. Suspension of the operation of the Preservation

(As amended by No. 13 of 1994)

of Public Security (Control of Waterways) Regulations

Statutory Instrument 273 of 1968

REGULATION 3 OF THE PRESERVATION OF PUBLIC SECURITY (CONTROL OF WATERWAYS) REGULATIONS-THE KARIBA RESTRICTED WATERWAY ORDER Order by the President 1. This Order may be cited as the Kariba Restricted Waterway Order.

Title

2. The waterway described in the Schedule is hereby declared to be a restricted waterway.

Declaration of restricted waterway

SCHEDULE
(Paragraph 2)

KARIBA RESTRICTED WATERWAY

All that area of Lake Kariba which lies within Zambia and to the east of the Kariba dam wall marked by a brass stud numbered N.R.T./T.153 at approximate latitude 16 degrees 9.9568 metres South and approximate longitude 28 degrees 13.8176 metres East, the boundary follows a straight line on an approximate true bearing of 211 degrees 7.9248 metres for a distance of approximately 3,352.8 metres to a point at latitude 16 degrees 9.8552 metres South and longitude 28 degrees 14.1732 metres East; thence in a straight line on an approximate true bearing of 259 degrees 1.8288 metres for a distance of approximately 11,338.56 metres to a point at latitude 16 degrees 11.3284 metres South and longitude 28 degrees 12.0904 metres East; thence in a straight line on an approximate true bearing of 247 degrees 27.94 centimetres for a distance of approximately 44,287.44 metres to a point at latitude 16 degrees 13.6144 metres South and longitude 28 degrees 5.08 metres East; thence in a straight line on an approximate true bearing of 229 degrees 0.9144 metres for a distance of approximately 17,007.84 metres to a point at latitude 16 degrees 15.4432 metres South and longitude 20 degrees 2.6924 metres East; thence in a straight line on an approximate true bearing of 245 degrees 13.4112 metres for a distance of approximately 35,844.48 metres to a point at latitude 16 degrees 18.1356 metres South and longitude 27 degrees 16.2052 metres East; thence in a straight line on an approximate true bearing of 214 degrees 11.8872 metres for a distance of approximately 38,191.44 metres to a point at latitude 17 degrees 5.5832 metres South and longitude 27 degrees 12.5476 metres East; thence in a straight line on an approximate true bearing of 185 degrees 13.4112 metres for a distance of approximately 9,448.8 metres to a point at latitude 17 degrees 7.0612 metres South and longitude 27 degrees 11.7856 metres East; thence in a straight line on an approximate true bearing of 221 degrees 1.8288 metres for a distance of approximately 12,039.6 metres to a point at latitude 17 degrees 8.5852 metres South and longitude 27 degrees 10.0584 metres East; thence in a straight line on an approximate true bearing of 232 degrees 5.4864 metres for a distance of approximately 31,120.08 metres to a point at latitude 17 degrees 11.176 metres South and longitude 27 degrees 6.0452 metres East: thence in a straight line on an approximate true bearing of 218 degrees 4.8768 metres for a distance of approximately 30,480 metres to a point at latitude 17 degrees 13.0048 metres South and longitude 27 degrees 3.4544 metres East; thence in a straight line on an approximate true bearing of 166 degrees 7.62 metres for a distance of approximately 3,291.84 metres to a point of latitude 17 degrees 15.494 metres South and longitude 27 degrees 2.9972 metres East; thence in a straight line on an approximate true bearing of 226 degrees 15.5448 metres for a distance of approximately 10,485.12 metres to a point of latitude 17 degrees 16.4592 metres South and longitude 27 degrees 1.524 metres East; thence in a straight line on an approximate true bearing of 214 degrees 3.048 metres for a distance of approximately 7,833.36 metres to a point at latitude 17 degrees 18.3896 metres

South and longitude 27 degrees 1.3716 metres East; thence in a straight line on an approximate true bearing of 282 degrees 10.9728 metres for a distance of approximately 2,743.2 metres to a point at approximately latitude 17 degrees 17.8816 metres South and approximate longitude 27 degrees 0.3048 metres East on the medium filum of the Zambezi River; thence in a northerly direction to the Northern shore of Lake Kariba; thence follows the shore line in general north-easterly and easterly direction to the Kariba dam wall; thence along this dam wall to a brass stud on the dam wall numbered N.R.T./T.153 which is the point of starting.

SECTIONS 3, 4 AND 5-THE PRESERVATION OF PUBLIC SECURITY (EMPOYERS AND EMPLOYEES) REGULATIONS Regulations by the President

Statutory Instrument 175 of 1968 Act No. 13 of 1994

1. These Regulations may be cited as the Preservation of Public Security (Employers and Employees) Regulations. 2. In these Regulations, unless the context otherwise requires-

Title

Interpretation

"Minister" means the Minister responsible for labour; "specified employer" means an employer engaged in an industry specified in the order under regulation 3. 3. (1) The Minister may, by statutory order, require any employer engaged in any industry specified in the order to retain, subject to such conditions as the Minister may therein provide, in his employment any person or class or classes of persons, or all persons, employed by him at the commencement of the order. (2) An order made under this regulation may contain such incidental or supplementary provisions as appear to the Minister to be necessary or expedient for the purpose of such order. 4. During any period when an order under regulation 3 is in force, no specified employer shall terminate the employment of any person employed by him at the commencement of such order save in accordance with the provisions thereof.
Restriction on dismissals by specified employer Minister may order employers in specified industries to retain employees

5. Any specified employer who fails to comply with the provisions of Offence regulation 4 shall be guilty of an offence and shall be liable, upon conviction, to a fine not exceeding fifteen thousand penalty units. (As amended by Act No. 13 of 1994) SECTIONS 3, 4 AND 5-THE PRESERVATION OF PUBLIC SECURITY (MOVEMENT OF VEHICLES)
Statutory Instrument 231 of 1966

REGULATIONS Regulations by the President 1. These Regulations may be cited as the Preservation of Public Security (Movement of Vehicles) Regulations.
Title

Powers of 2. (1) Where the Commissioner-General is of opinion that the export of any goods is not lawful, he may direct the person in charge Commissioner-General or having control of any vehicle being used in the exportation of such goods to remove the vehicle and the goods to such place as he may specify.

(2) Any person who fails to comply with a direction given by the Commissioner-General shall be guilty of an offence and liable, on conviction, to a term of imprisonment not exeeding two years. (3) Unless the Commissioner-General otherwise directs, the reasonable cost of complying with any direction given by him shall be borne by the consignor of the goods concerned and may be recovered accordingly from the consignor by the person complying with the direction.
Cap. 322 (4) The powers conferred on the Commissioner-General shall be in addition to and not in derogation of the powers conferred on him by the Customs and Excise Act.

(5) For the purposes of this regulation"Commissioner-General" means the person appointed Commissioner-General under the Zambia Revenue Authority Act, and includes any person authorised by him to give directions under this regulation; and "vehicle" means any train, motor car, van, lorry, cart, or other conveyance of any kind, except a ship or aircraft. SECTIONS 3, 5 AND 6-THE PRESERVATION OF PUBLIC SECURITY (MAINTENANCE OF SUPPLIES) REGULATIONS

Cap. 321

Statutory Instrument 199 of 1971 121 of 1988 11 of 1989

Regulations by the President 1. These Regulations may be cited as the Preservation of Public Security (Maintenance of Supplies) Regulations. 2. These Regulations shall apply throughout Zambia. Title

Application

3. (1) In this regulation-

Use of vehicles "agricultural produce" means any animal, vegetable, grain, fruit, dairy for carriage of product or any other thing whatsoever produced in Zambia in the course agricultural produce of agriculture for the purpose of human or animal consumption; Cap. 464 "public service vehicle" has the same meaning as is assigned to that Cap. 464 expression in the Roads and Road Traffic Act; "road service licence" means a road service licence granted under section one hundred and fifty-two of the Roads and Road Traffic Act; (2) While these Regulations are in force any person may use or cause or permit to be used on a road any vehicle as a public service vehicle for the carriage of agricultural produce and the carriage of any person bona fide in charge of and accompanying agricultural produce without there being in force in relation to such vehicle a road service licence authorising such use. (3) The operation of Part X of the Roads and Road Traffic Act is suspended in its application to any such vehicle as is mentioned in sub-regulation (2). (As amended by S.I. No. 11 of 1989) THE PRESERVATION OF PUBLIC SECURITY (NECESSARY SERVICES) (DECLARATION) ORDER Order by the President
Statutory Instrument 241 of 1970 35 of 1985

Cap. 464

1. This Order may be cited as the Preservation of Public Security (Necessary Services) (Declaration) Order.

Title

2. The service specified in the Schedule is hereby declared to be a Declaration of necessary service for the purposes of the Preservation of Public Security necessary Regulations. service.

SCHEDULE
The Teaching Service of the Government All financial Institutions in the Republic SECTION 3-THE PRESERVATION OF PUBLIC SECURITY (MILLING OF MAIZE) REGULATIONS
Statutory Instrument 214 of 1986

Regulations by the President 1. These Regulations may be cited as the Preservation of Public Security (Milling of Maize) Regulations. Title

2. (1) The President may, by notice under his hand, require any miller, Powers of until further notice, to use all the resources of his undertaking (including President staff) for the purpose solely to mill maize for the Republic. (2) The President may, by writing under his hand, delegate to any person any function under these Regulations other than those referred to in sub-regulation (1). Compensation 3. Where the powers contained in regulation 2 (1) are exercised in respect of any miller or undertaking, such miller or undertaking shall be to be paid paid at such rates as may be agreed, or in default of agreement, as may be determined in accordance with these Regulations. 4. (1) If within four weeks from the exercise in respect of any miller or Disputes undertaking of the powers contained in regulation 2 (1) there remains outstanding any dispute relating to or in connection with such exercise of powers, other than a dispute as to the applicable rate or the amount to be paid, the Attorney-General or any person affected by the exercise of such powers, may institute proceedings in the High Court for the determination of such dispute. (2) Where any dispute arises as to the applicable rate or the amount to Cap. 180

be paid, the Attorney-General or any person affected by the exercise of such powers may, and if such dispute is not settled within the aforementioned period of four weeks, shall refer such dispute by way of a submission to a single arbitrator under the provisions of the Arbitration Act: Provided that such arbitrator shall be an auditor practising in Zambia. (3) The existence of any dispute as aforesaid shall not affect the right of the President and persons authorised by him to require the miller or undertaking to provide the services as required by regulations 2 (1). 5. (1) Any person who wilfully fails to comply with a notice under regulation 2 (1), or does any act designed to defeat the purpose of such notice, or who wilfully hinders or obstructs any duly authorised person from exercising any rights or performing any functions under these Regulations, shall be guilty of an offence and liable on conviction to a fine not exceeding twelve thousand five hundred penalty units or to imprisonment for a term not exceeding two years, or to both. (2) If any person wilfully fails to comply with a notice under regulation 2 (1) or does any act designed to defeat the purpose of such notice, or hinders or obstructs any duly authorised person from exercising any rights or performing any functions under these Regulations, the Attorney-General may apply ex parte to the High Court for an appropriate order and such court may thereupon, and upon proof of the due service of the notice under regulation 2 (1), issue such order as may be necessary to ensure compliance with regulation 2 (1). (As amended by No. 13 of 1994) REGULATION 3-THE ZAMBEZI PROHIBITED WATERWAY (NO. 2) ORDER
Statutory Instrument 202 of 1972

Offences and Penalties

1. This Order may be cited as the Zambezi Prohibited Waterway (No. Title 2) Order. 2. The waterways described in the Schedule hereto are hereby declared Prohibited to be prohibited waterways. waterways

3. The Zambezi Prohibited Waterway Order, 1972, contained in Statutory Instrument No. 201 of 1972 is hereby revoked.

Revocation of S.I. No. 201of 1972

SCHEDULE
(Paragraph 2)

PART I
KARIBA PROHIBITED WATERWAY All that area of Lake Kariba which lies within Zambia and to the east of the Kariba dam wall marked by a brass stud numbered N.R.T./T.153 at approximate latitude 16 degrees 31 minutes 20 seconds South and approximate longitude 28 degrees 45 minutes 40 seconds East, the boundary follows a straight line on an approximate true bearing of 221 degrees 26 minutes for a distance of approximately 3,352.8 meters to a point at latitude 16 degrees 32 minuts 40 seconds South and longitude 28 degrees 44 minutes 30 seconds East; thence in a straight line on a an approximate true bearing of 259 degrees 6 minutes for a distance of approximately 11,338.56 metres to a point of latitude 16 degrees 33 minuts 50 seconds South and longitude 28 degrees 38 minutes 20 seconds East; thence in a straight line on an approximate true bearing of 247 degrees 11 minutes for a distance of approximately 44,287.44 metres to a point at latitude 16 degrees 43 minutes 20 seconds South and longitude 28 degrees 15 minutes 20 seconds East; thence in a straight line on an approximate true bearing of 229 degres 3 minutes for a distance of approximately 17,007.84 metres to a point at latitude 16 degrees 49 minutes 20 seconds South and longitude 20 degrees 8 minutes 10 seconds East; thence in a straight line on an approximate true bearing of 245 degrees 44 minutes for a distance of approximately 35,844.48 metres to a point at latitude 16 degrees 57 minutes 30 seconds South and longitude 27 degrees 49 minutes 50 seconds East; thence in a straight line on an approximate true bearing of 214 degrees 39 minutes for a distance of approximately 38,191.44 metres to a point at latitude 17 degrees 14 minutes 40 seconds South and longitude 27 degrees 37 minutes 50 seconds East; thence in a straight line on an approximate true bearing of 185 degrees 44 minutes for a distance of approximately 9,448.8 metress to a point at latitude 17 degrees 19 minutes 50 seconds South and longitude 27 degrees 37 minutes 20 seconds East; thence in a straight line on an approximate true bearing of 221 degrees 6 seconds for a distance of approximately 12,039.6 metres to a point at latitude 17 degrees 24 minutes 50 seconds South and longitude 27 degrees 33 minutes 00 seconds East; thence in a straight line on an approxmate true bearing of 232 degrees 18 minutes for a distance of approximately 31,120.08 metres to a point at latitude 17 degrees 35 minutes 20 seconds South and longitude 27 degrees 19 minutes 10 seconds East; thence in a straight line on an approximate true bearing of 218 degrees 16 minutes for a distance of approximately 30,480 metres to a point at latitude 17 degrees 48 minutes 20 seconds South and longitude 27 degrees 08 minutes 40 seconds East; thence in a straight line on an approximate true bearing of 166 degrees 25 minutes for a distance of approximately 3,291.84 metres to a point at latitude 17 degrees 50 minutes 10 seconds South and longitude 27 degrees 09 minutes 10 seconds East; thence in a straight line on an approximate true bearing of 226

degrees 51 minutes for a distance of approximately 10,485.12 metres to a point at latitude 17 degrees 54 minutes 00 seconds South and longitude 27 degrees 05 minutes 00 seconds East; thence in a straight line on an approximate true bearing of 214 degrees 10 minutes for a distance of approximately 7,833.36 metres to a point at latitude 17 degrees 57 minutes 40 seconds South and longitude 27 degrees 02 minutes 30 seconds East; thence in a straight line on an approximate true bearing of 282 degrees 36 minutes for a distance of approximately 2,743.2 metres to a point at approximately latitude 17 degrees 57 minutes 20 seconds South and approximate longitude 27 degrees 01 minutes 00 seconds East on the medium filum of the Zambezi River; thence in a notherly direction to the Northern shore of Lake Kariba; thence follows the shore line in general north-easterly and easterly direction to the Kariba dam wall; thence along this dam wall to a brass stud on the dam wall numbered N.R.T./T.153 which is the point of starting.

PART II
ZAMBEZI PROHIBITED WATERWAY All such area of the Zambezi River as lies within Zambia and is situated directly opposite to the bank of the said River lying outside Zambia.

CHAPTER 113 THE PUBLIC ORDER ACT

ARRANGEMENT OF SECTIONS

Section 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. Short title Interpretation Prohibition of uniforms and flags in connection with political objects Prohibition of quasi-military organisations Regulation of assemblies, public meetings and processions Penalty for disobeying a direction or violating conditions of permit issued under section 5 Unauthorised assemblies Exemptions National anthem to be played at public meetings Prohibition of weapons at public meetings and processions Prohibition of offensive conduct conducive to breaches of peace Powers for preservation of public order in respect of public meetings and processions Penalty for making statements or doing acts intended to promote hostility between sections of community Penalty for inciting to strike in certain circumstances Enforcement

CHAPTER 113

PUBLIC ORDER An Act to prohibit the wearing of uniforms in connection with political objects and the maintenance by private persons of associations of

38 of 1955
17 of 1956 10 of 1959 28 of 1959 51 of 1960

military or similar character; and to make further provision for the preservation of public order. [19th August, 1955]

19 of 1965 69 of 1965 10 of 1967 25 of 1969 51 of 1970 24 of 1977 28 of 1985 13 of 1994 36 of 1996 Government Notices 230 of 1964 497 of 1964 Statutory Instruments 8 of 1965 66 of 1965 Short title

1.

This Act may be cited as the Public Order Act.

2. In this Act, unless the context otherwise requires"meeting" means a meeting held for the purpose of the discussion of matters of public interest or for the purpose of the expression of views on such matters; "public meeting" includes any meeting in a public place and any meeting (whether or not in a building) which the public or any section thereof are permitted to attend, whether on payment or otherwise; "public place" includes any highway, market place, square, road, street, bridge or other way which is lawfully used by the public, and any place, including a building, to which the public are for the time being entitled or permitted to have access either without any condition or upon the condition of making any payment; "public procession" means a procession in a public place; "uniform" includes any article of clothing. (As amended by No. 10 of 1959, G.N. No. 230 of 1964, S.I. No. 66 of 1965, No. 25 of 1969 and No. 51 of 1970) 3. (1) Subject as hereinafter provided, any person who in any public

Interpretation

Prohibition of

place or at any public meeting wears any uniform or displays any flag signifying his association with any political organisation or with the promotion of any political object shall be guilty of an offence:

uniforms and flags in connection with political objects

Provided that(i) if an officer-in-charge of police or, in any place where there is no such officer, an administrative officer, is satisfied that the wearing of any such uniform as aforesaid on any ceremonial, anniversary, or other special occasion will not be likely to involve risk of public disorder, he may, by order in writing under his hand, permit the wearing of such uniform or any other uniform, in substitution therefor on that occasion, either absolutely or subject to such conditions as may be specified in the order; (ii) a person shall not be guilty of the offence of wearing a uniform in a public place otherwise than at a procession or a public meeting unless he is at the time acting or purporting to act on behalf of a political organisation or in furtherance of a political object or is manifesting his adherence to a political organisation. (2) Where any person is charged before any court with an offence against this section, no further proceedings in respect thereof shall be taken against him without the consent of the Director of Public Prosecutions except such as the court may think necessary by remand, whether in custody or on bail, or otherwise to secure the due appearance of the person charged, so, however, that if that person is remanded in custody he shall, after the expiration of a period of twenty-one days from the date on which he was first remanded, be entitled to be discharged from custody on entering into a recognizance without sureties, unless within that period the Director of Public Prosecutions has consented to such further proceedings as aforesaid. (3) The court before which any person is convicted for an offence under this section may direct that the uniform or flag in respect of which the offence has been committed shall be forfeited or destroyed. (As amended by S.I. No. 66 of 1965) 4. (1) If the members or adherents of any association of persons areProhibition of quasi-military

organisations (a) organised or trained or equipped for the purpose of enabling them to be employed in such a manner that such employment usurps or tends or appears to usurp the functions of the police or of the Defence Force; or (b) organised and trained or organised and equipped either for the purpose of enabling them to be employed for the use or display of physical force in promoting any political object, or in such manner as to arouse reasonable apprehension that they are organised and either trained or equipped for that purpose; then any person who takes part in the control or management of the association, or in so organising or training as aforesaid any members or adherents thereof, shall be guilty of an offence against this section: Provided that, in any proceedings against a person charged with the offence of taking part in the control or management of such an association as aforesaid, it shall be a defence to that charge for him to prove that he neither consented to nor connived at the organisation, training or equipment of members or adherents of the association in contravention of the provisions of this section. (2) No prosecution shall be instituted under this section without the consent of the Director of Public Prosecutions. (3) If, upon application being made by the Director of Public Prosecutions, it appears to the High Court that any association is an association of which members or adherents are organised, trained or equipped in contravention of the provisions of this section, the Court may make such order as appears necessary to prevent any disposition, without the leave of the Court, of property held by or for the association, and in accordance with rules of court, which the Chief Justice is hereby empowered to make, may direct an inquiry and report to be made as to any such property as aforesaid and as to the affairs of the association, and may make such further orders as appear to the Court to be just and equitable for the application of such property(a) in or towards the discharge of the liabilities of the association lawfully incurred before the date of the application or since that date with the approval of the Court;

(b) in or towards the repayment of moneys to persons who became subscribers or contributors to the association in good faith and without knowledge of any such contravention as aforesaid; (c) in or towards any costs incurred in connection with any such inquiry and report as aforesaid or in winding up or dissolving the association; and may order that any property which is not directed by the Court to be so applied as aforesaid shall be forfeited. (4) In any criminal or civil proceedings under this section, proof of things done or of words written, spoken or published, whether or not in the presence of any party to the proceedings, by any person taking part in the control or management of an association or in organising, training or equipping members or adherents of an association shall be admissible as evidence of the purposes for which, or the manner in which, members or adherents of the association, whether those persons or others, were organised, or trained or equipped. (5) If a Judge or a subordinate court of the first class is satisfied by information on oath that there is reasonable ground for suspecting that an offence against this section has been committed, and that evidence of the commission thereof is to be found at any premises or place specified in the information, he may, on an application made by a police officer, of or above the rank of Assistant Superintendent, grant a search warrant authorising any such officer named in the warrant together with any other persons specified in the warrant and any other police officers to enter the premises or place at any time within one month from the date of the warrant, if necessary by force, and to search the premises or place and every person found therein, and to seize anything found on the premises or place or on any such person which the officer has reasonable ground for suspecting to be evidence of the commission of such an offence as aforesaid: Provided that no woman shall, in pursuance to a warrant issued under the provisions of this subsection, be searched except by a woman. (As amended by S.I. No. 66 of 1965) 5. (1) The Inspector-General of Police may, by Gazette notice, appoint Regulation of by name or office any police officer of or above the rank of Sub assemblies, Inspector to be the regulating officer for the purposes of this section in public meetings

respect of such area as the Inspector General may, by the same or any other Gazette notice, define. (2) In any area in respect of which no police officer has been appointed to be the regulating officer under the provisions of subsection (1), the District Secretary of the District in which such area is situated shall be the regulating officer for the purposes of this section: Provided that in the absence of such District Secretary from his headquarters the senior Assistant District Secretary present at such headquarters may exercise the powers conferred upon a regulating officer by subsections (3) and (4). (3) Any regulating officer may issue directions for the purpose of(a) regulating the extent to which music may be played on public roads and streets within his area on the occasion of festivities or ceremonies; or (b) directing the conduct of assemblies and processions in any public place within his area, and the route by which and the times at which any procession may pass. (4) Every person who intends to assemble or convene a public meeting, procession or demonstration shall give police at least seven days notice of that person's intention to assemble or convene such a meeting, procession or demonstration. (5) Without prejudice to the generality of the provisions of the preceding subsection, the conditions which may be imposed under the provisions of the said subsection may relate to all or any of the following matters: (a) the date upon which and the place and time at which the assembly, public meeting or procession is authorised to take place; (b) the maximum duration of the assembly, public meeting or procession;

and processions

(c) in the case of an assembly or public meeting the persons who may or may not be permitted to address such assembly or public meeting and the matters which may not be discussed at such assembly or public meeting; (d) the granting of adequate facilities for the recording of the proceedings of such assembly or public meeting in such manner and by such person or class of person as the regulating officer may specify: Provided that such conditions may not require the convener of the assembly or public meeting to provide equipment; and (e) any other matter designed to preserve public peace and order.

(6) The provisions of subsections (4) and (5) shall not apply to any public meeting convened by or at the request of and intended to be addressed by the President, the Vice-President or any Minister or Junior Minister or the Speaker or Deputy Speaker of the National Assembly. (7) Where in any proceedings against a person for an offence against section seven it is necessary so to prove, the burden of proving that the said public meeting was convened by or at the request of and was intended to be addressed by the President or the Vice-President or any Minister or Junior Minister or the Speaker or Deputy Speaker of the National Assembly shall lie on the accused. (8) Any police officer, magistrate or any District Messenger may stop any procession for which no permit has been issued under this section or which, if such a permit has been issued, contravenes or fails to comply with any conditions specified therein, and may order any such procession or any assembly or public meeting for which a permit is required and which has been convened in a public place without such a permit or which, if such a permit has been issued, contravenes or fails to be convened in a public place without such a permit or which, if such a permit has been issued, contravenes or fails to comply with any condition of such permit, or which contravenes or fails to comply with the provisions of subsection (1) of section nine, to disperse. (No. 10 of 1959 as amended by No. 28 of 1959, No. 51 of 1960, No. 19 of 1965, S.I. No. 8 of 1965, No. 69 of 1965, No. 10 of 1967, No. 51 of 1970, No. 24 of 1977, No. 28 of 1985 and 36 of 1996)

6.

Penalty for (a) opposes or disobeys any direction issued under sub-section (3) disobeying a direction or of section five; or violating (b) violates any condition of a permit issued under subsection (4) of conditions of section five; permit issued under section 5 shall be guilty of an offence and may be arrested without warrant. (No. 10 of 1959) 7. Any assembly, meeting or processionUnauthorised assemblies

Any person who knowingly-

(a) for which a permit is required under subsection (4) of section five and which takes place without the issue of such permit; or (b) in which three or more persons taking part neglect or refuse to obey any direction or order given under subsection (3) or (7) of section five; shall be deemed to be an unauthorised assembly, and all persons taking part in such assembly, meeting or procession and, in the case of an assembly, meeting or procession for which no permit has been issued, all persons taking part in convening, calling or directing such assembly, meeting or procession may be arrested without a warrant and shall on conviction be liable to a fine not exceeding one thousand five hundred penalty units or to imprisonment for a period not exceeding six months, or to both. (No. 10 of 1959 as amended by No. 10 of 1967 and Act No. 13 of 1994) 8. (1) The Minister may in his discretion exempt by order in writing any religious organisation from all or any of the provisions of sections five, seven and nine. (2) Any exemption given under the provisions of subsection (1) may be applied by the Minister either to the religious organisation generally in Zambia or to individual branches of such religious organisation operating within Zambia. (3) Any exemption given under the provisions of this section may be made subject to such conditions as the Minister may impose and may at any time be varied or revoked by the Minister by order in writing. (No. 10 of 1959 as amended by G.N. No. 230 of 1964, S.I. No. 66 of 1965 and No. 10 of 1967)

Exemptions

9. (1) The official national anthem shall be played or sung at the commencement of the business of every public meeting.

National anthem to be played at public meetings

(2) Any person, who convenes, presides at, conducts or addresses any public meeting at which the official national anthem has not been played or sung pursuant to subsection (1) shall be guilty of an offence. (3) For the purposes of this section, "at the commencement of business" means the time when such public meeting is called to order, or declared open, as the case may be. (No. 10 of 1967) 10. (1) Any person who, while present at any public meeting or on the occasion of any public procession, has with him any lethal weapon, otherwise than in pursuance of lawful authority, shall be guilty of an offence. (2) For the purposes of this section, a person shall not be deemed to be acting in pursuance of lawful authority unless he is acting in his capacity as a public officer, or as a special constable, or as a member of a fire brigade. (As amended by S.I. No. 66 of 1965) 11. Any person who in any public place or at any public meeting uses threatening, abusive or insulting words with intent to provoke a breach of the peace or whereby a breach of the peace is likely to be occasioned, shall be guilty of an offence. Prohibition of offensive conduct conducive to breaches of peace Powers for preservation of public order in respect of public meetings and processions Prohibition of weapons at public meetings and processions

12. (1) If at any time the Minister is of opinion that, by reason of particular circumstances existing in Zambia or in any part thereof, the powers conferred by any other written law will not be sufficient to enable the police to prevent serious public disorder being occasioned by the holding of public processions or public meetings in Zambia or any part thereof, he may, by statutory order published in the Gazette and in

such other manner as he may deem sufficient to bring the order to the knowledge of the general public in the area to which it relates, prohibit the holding within Zambia or any part thereof of all public processions or public meetings, or of any class of public processions or public meetings specified in the order, for such period not exceeding three months as may be so specified. (2) An order made under subsection (1) shall have effect from the time when it is first published in any manner authorised by the provisions of that subsection or from such later time as may be specified in the order, and a certificate under the hand of the Minister specifying the time of publication, other than a publication in the Gazette, shall be conclusive evidence thereof in all legal proceedings. (3) Any person who knowingly(a) organises or assists in organising any public procession or public meeting held or intended to be held in contravention of an order made under this section; or (b) takes part in or attends, or incites any other person to take part in or attend, any such procession or meeting; shall be guilty of an offence. (As amended by G.N. No. 230 of 1964 and S.I. No. 66 of 1965) 13. (1) Any person who utters any words or does any act or thing whatever with intent to excite enmity between tribe and tribe or between one or more sections of the community on the one hand, and any other section or sections of the community on the other hand, or with intent to encourage any person or persons to do any act or acts or to omit to do any act or acts so as to defeat the purpose or intention of any law in force in Zambia or in any part thereof, shall be guilty of an offence. Penalty for making statements or doing acts intended to promote hostility between sections of community

(2) The Minister may order that during a period specified in the order a person convicted under subsection (1) shall not enter or be in any area specified in the order or shall not enter or be in any place outside any area specified in such order.

(3) Any person acting in contravention of any order made in terms of subsection (2) shall be guilty of an offence against this section and may be removed by warrant under the hand of the Minister from the place where such order prohibits him from being. (As amended by S.I. No. 66 of 1965) 14. Any person who wilfully and maliciously advises, encourages, incites, commands, aids or procures any other person to break any contract of a kind specified in section fifty-two or fifty-three of the Industrial and Labour Relations Act when the probable consequences of the breach would be of a nature specified in those sections, shall be guilty of an offence. (As amended by No. 17 of 1956) 15. (1) Any person who commits an offence against section four shall Enforcement be liable on summary conviction to imprisonment for six months or to a fine of three thousand penalty units or to both such imprisonment and fine, or, on conviction by the High Court, to imprisonment for two years or to a fine of fifteen thousand penalty units, or to both. (2) Any person guilty of any offence against the provisions of this Act in respect of which no other penalty has been provided shall be liable to imprisonment for three months or to a fine of one thousand five hundred penalty units, or to both. (3) A police officer may without warrant arrest any person reasonably suspected by him to be committing an offence against section three, ten, eleven or twelve. (As amended by No. 10 of 1959 and Act No. 13 of 1994)
SUBSIDIARY LEGISLATION

Penalty for inciting to strike in certain circumstances. Cap. 269

PUBLIC ORDER SECTION 8-THE RELIGIOUS ORGANISATIONS (EXEMPTIONS) ORDER Order by the Minister

Statutory Instruments 448 of 1967 330 of 1968

1. This Order may be cited as the Religious Organisations (Exemptions) Order. 2. Religious organisations mentioned in the Schedule shall be exempted from all the provisions of sections five, seven and nine of the Act, subject to the following condition: This exemption is valid in respect of meetings and assemblies of a purely religious nature.

Title

Exemption of religious organisations

SCHEDULE
(Paragraph 2) African Evangelical Fellowship African Reformed Church Anglican Diocese of Zambia The Apostolic Church in Zambia Apostolic Faith Born Again Church Christian Missions in Many Lands The Evangelical Church in Zambia The Full Gospel Church of God in the Republic of Zambia Pilgrim Holiness Church The United Church of Zambia Pentecostal Assemblies of God Church The Roman Catholic Church (As amended by No. 330 of 1968)

CHAPTER 114 THE TRADING WITH THE ENEMY ACT

ARRANGEMENT OF SECTIONS

PART I PRELIMINARY Section 1. 2. Short title and commencement Interpretation

PART II TRADING WITH THE RELATING THERETO 3. 4. 5. 6. ENEMY AND MATTERS

Penalties for trading with the enemy Definition of "enemy" Inspection and supervision of businesses Power to control and wind up certain businesses

7. Transfer of negotiable instruments and choses in action by enemies 8. 9. 10. matter Transfer and allotment of securities Purchase of enemy currency Power of Postmaster-General to confiscate and cancel postal

PART III PROPERTY OF ENEMIES AND ENEMY SUBJECTS 11. Collection of enemy debts and custody of enemy property

12. 13. 14. 15. 16.

Provisions as to Custodian False statements and obstruction Offences by corporations Evidence of authority or sanction of the President Saving of rights of the State
29 of 1939 34 of 1947 13 of 1994 Government Notice 497 of 1964 Statutory Instrument 5 of 1965

CHAPTER 114 TRADING WITH THE ENEMY

An Act to impose penalties for trading with the enemy; to make provision as respects the property of enemies and enemy subjects; and to provide for purposes connected with the matters aforesaid. [3rd September, 1939] PART I PRELIMINARY 1. (1) This Act may be cited as the Trading with the Enemy Act. Short title and commencement

(2) This Act shall be deemed to have come into operation on the 3rd September, 1939: Provided that a person shall not, by virtue of this subsection, be liable to any penalty in respect of anything done by him before the date of the publication of this Act in the Gazette which, if it had been done in England, would not have been unlawful in common law. 2. (1) In this Act, unless the context otherwise requires"enemy subject" meansInterpretation

(a) an individual who possesses the nationality of a State at war with the Republic; or (b) a body of persons constituted or incorporated in, or under the laws of, any such State; "enemy territory" means any area which is under the sovereignty of, or in the occupation of, a Power with whom the Republic is at war, not being an area in the occupation of the Republic or of a Power allied with the Republic, and also any area which the President may, by statutory order, direct to be treated for the purposes of this Act as enemy territory. (2) A certificate of the President that any area is or was under the sovereignty of, or in the occupation of any Power, or as to the time at which any area became or ceased to be under such sovereignty or in such occupation shall, for the purposes of any proceedings under or arising out of this Act, be conclusive evidence of the facts stated in the certificate. (3) In considering for the purposes of any of the provisions of this Act whether any person has been an enemy or an enemy subject, no account shall be taken of any state of affairs existing before the commencement of this Act. (4) For the purposes of this Act, a person shall be deemed to be a director of a body corporate if he occupies in relation thereto the position of a director, by whatever name called; and, for the purposes of the provisions of this Act relating to offences by bodies corporate, a person shall be deemed to be a director of a body corporate if he is a person in accordance with whose directions or instructions the directors of that body act: Provided that a person shall not, by reason only that the directors of a body corporate act on advice given by him in a professional capacity, be taken to be a person in accordance with whose directions or instructions those directors act. (As amended by No. 34 of 1947 and S.I. No. 5 of 1965) PART II TRADING WITH THE RELATING THERETO ENEMY AND MATTERS

3. (1) Any person who trades with, or attempts to trade with, the enemy Penalties for within the meaning of this Act shall be guilty of an offence of trading trading with the with the enemy, and shall be liableenemy (a) on conviction by the High Court to imprisonment for a term not exceeding seven years or to a fine, or to both; or (b) on conviction by a magistrate holding a subordinate court of the first class to imprisonment for a term not exceeding twelve months or to a fine not exceeding fifteen thousand penalty units, or to both; and the court may in any case order that any goods or money in respect of which the offence has been committed shall be forfeited. (2) For the purposes of this Act, a person shall be deemed to have traded with the enemy(a) if he has had any commercial, financial or other intercourse or dealings with, or for the benefit of, an enemy, and, in particular, but without prejudice to the generality of the foregoing provisions, if he has(i) supplied any goods to or for the benefit of an enemy, or obtained any goods from an enemy, or traded in, or carried, any goods consigned to or from any enemy or destined for or coming from enemy territory; or (ii) paid or transmitted any money, negotiable instrument or security for money to or for the benefit of an enemy or to a place in enemy territory; or (iii) performed any obligation to, or discharged any obligation of, an enemy, whether the obligation was undertaken before or after the commencement of this Act; or (b) if he has done anything which, under the following provisions of this Act, is to be treated as trading with the enemy; and any reference in this Act to an attempt to trade with the enemy shall be construed accordingly: Provided that a person shall not be deemed to have traded with the enemy by reason only that he has(i) done anything under an authority given generally or specially

by, or by any person authorised in that behalf by, the President; or (ii) received payment from an enemy of a sum of money due in respect of a transaction under which all obligations on the part of the person receiving payment had been performed before the commencement of the war by reason of which the person from whom the payment was received became an enemy. (3) Any reference in this section to an enemy shall be construed as including a reference to a person acting on behalf of an enemy. (4) Proceedings in respect of an offence of trading with the enemy alleged to have been committed by any person may be taken before a court in the Republic having jurisdiction in the place where that person is for the time being, provided that such court is otherwise empowered to try such case. (5) In any proceedings for an offence of trading with the enemy, the fact that any document has been despatched addressed to a person in enemy territory shall, unless the contrary is proved, be evidence, as against any person who was a party to the despatch of the document, that the person to whom the document was despatched was an enemy. (6) A prosecution for an offence of trading with the enemy shall not be instituted except by or with the consent of the Director of Public Prosecutions: Provided that this subsection shall not prevent the arrest, or the issue or execution of a warrant for the arrest, of any person in respect of such an offence, or the remanding, in custody or on bail, of any person charged with such an offence, notwithstanding that the necessary consent to the institution of a prosecution for the offence has not been obtained. (As amended by No. 34 of 1947, S.I. No. 5 of 1965 and Act No. 13 of 1994) 4. (1) Subject to the provisions of this section, "enemy" for the purposes of this Act means(a) any State, or Sovereign of a State, at war with the Republic; Definition of "enemy"

(b)

any individual resident in enemy territory;

(c) any body of persons (whether corporate or unincorporate) carrying on business in any place, if and so long as the body is controlled by a person who, under this section, is an enemy; (d) any body of persons constituted or incorporated in, or under the laws of, a State at war with the Republic; and (e) as respects any business carried on in enemy territory, any individual or body of persons (whether corporate or unincorporate) carrying on that business; but does not include any individual by reason only that he is an enemy subject. (2) The President may by order direct that any person specified in the order shall, for the purposes of this Act, be deemed to be, while so specified, an enemy: Provided that, notwithstanding the provisions of the Interpretation and General Provisions Act, the names of any persons so specified in any such order as aforesaid shall be deemed to have been published when a copy of such order has been deposited at the office of the Custodian of Enemy Property, where it may be inspected free of charge by members of the public at any time during the usual Government office hours. (As amended by No. 34 of 1947 and S.I. No. 5 of 1965) 5. (1) The President, if he thinks it expedient for securing compliance Inspection and with section three so to do, may by written order authorise a specified supervision of person (hereafter in this section referred to as "an inspector") to inspect businesses any books or documents belonging to, or under the control of, a person named in the order, and to require that person and any other person to give such information in his possession with respect to any business carried on by the named person as the inspector may demand, and for the purposes aforesaid to enter on any premises used for the purposes of that business. (2) If, on a report made by an inspector as respects any business, it appears to the President that it is expedient, for securing compliance Cap. 2

with section three, that the business should be subject to supervision, the President may appoint a person (hereafter in this section referred to as "a supervisor") to supervise the business, with such powers as the President may determine. (3) If any person, without reasonable cause, fails to produce for inspection, or furnish, to an inspector or a supervisor any document or information which he is duly requested by the inspector or supervisor so to produce or furnish, that person shall be liable, on conviction by a magistrate holding a subordinate court of the first class, to a fine not exceeding one thousand five hundred penalty units or to imprisonment for a term not exceeding six months, or to both. (4) If any person, with intent to evade the provisions of this section, destroys, mutilates or defaces any book or other document which an inspector or supervisor is or may be authorised under this section to inspect, that person shall be liable(a) on conviction by the High Court, to imprisonment for a term not exceeding five years or to a fine, or to both; or (b) on conviction by a magistrate holding a subordinate court of the first class, to imprisonment for a term not exceeding twelve months or to a fine not exceeding three thousand penalty units, or to both. (As amended by Act No. 13 of 1994) 6. (1) Where any business is being carried on in the Republic by, or on behalf of, or under the direction of, persons all or any of whom are enemies or enemy subjects or appear to the President to be associated with enemies, the President may, if he thinks it expedient so to do, make(a) an order (hereafter in this section referred to as a "restriction order") prohibiting the carrying on of the business either absolutely or except for such purposes and subject to such conditions as may be specified in the order; or (b) an order (hereafter in this section referred to as a "winding-up order") requiring the business to be wound up; and the making of a restriction order as respects any business shall not prejudice the power of the President, if he thinks it expedient so to do, at Power to control and wind up certain businesses

any subsequent date to make a winding-up order as respects that business. (2) Where an order under subsection (1) is made as respects any business, the President may, by that or a subsequent order, appoint a controller to control and supervise the carrying out of the order, and, in the case of a winding-up order, to conduct the winding up of the business, and may confer on the controller any such powers in relation to the business as are exercisable by a liquidator in the voluntary winding up of a company in relation to the company (including power in the name of the person carrying on the business or in his own name, and by deed or otherwise, to convey or transfer any property, and power to apply to the court to determine any question arising in the carrying out of the order), and may by the order confer on the controller such other powers as the President thinks necessary or convenient for the purpose of giving full effect to the order. (3) Where a restriction order or a winding-up order is made as respects any business, the distribution of any assets of the business which are distributed while the order is in force shall be subject to the same rules as to preferential payments as are applicable to the distribution of the assets of a company which is being wound up, and the said assets of the business shall, so far as they are available for discharging unsecured debts, be applied in discharging unsecured debts due to creditors of the business who are not enemies in priority to unsecured debts due to any other creditors, and any balance, after providing for the discharge of all liabilities of the business, shall be distributed among the persons interested in the business in such manner as the President may direct: Provided that the provisions of this subsection shall, in their application to the distribution of any money or other property which would, in accordance with those provisions, fail to be paid or transferred to an enemy, whether as a creditor or otherwise, have effect subject to the provisions of section eleven (which relates to the collection of enemy debts and the custody of enemy property) and of any order made under that section. (4) Where any business for which a controller has been appointed under this section has assets in enemy territory, the controller shall, if in his opinion it is practicable so to do, cause an estimate to be prepared(a) of the value of those assets;

(b) of the amount of any liabilities of the business to creditors, whether secured or unsecured, who are enemies; (c) of the amount of the claims of persons who are enemies to participate, otherwise than as creditors of the business, in any distribution of assets of the business made while an order under subsection (1) is in force as respects the business; and where such an estimate is made, the said liabilities and claims shall, for the purposes of this section, be deemed to have been satisfied out of the said assets of the business in enemy territory, or to have been satisfied thereout so far as those assets will go, and only the balance (if any) shall rank for satisfaction out of the other assets of the business. (5) Where an estimate has been prepared under subsection (4), a certificate of the controller as to the value or amount of any assets, claims or liabilities to which the estimate relates shall be conclusive for the purpose of determining the amount of the assets of the business available for discharging the other liabilities of the business and for distribution amongst other persons claiming to be interested in the business: Provided that nothing in this subsection shall affect the rights of creditors of and other persons interested in, the business against the assets of the business in enemy territory. (6) The President may, on an application made by a controller appointed under this section, after considering the application and any objections which may be made by any person who appears to him to be interested, by order grant the controller a release, and an order of the President under this subsection shall discharge the controller from all liability in respect of any act done or default made by him in the exercise and performance of his powers and duties as controller; but any such order may be revoked by the President on proof that it was obtained by fraud or by suppression or concealment of any material fact. (7) If any person contravenes, or fails to comply with, the provisions of any order made under subsection (1), he shall be guilty of an offence of trading with the enemy.

(8) Where an order under subsection (1) has been made as respects a business carried on by any individuals or by a company, no bankruptcy petition, or petition for sequestration or summary sequestration against the individuals, or petition for the winding up of the company, shall be presented, or resolution for the winding up of the company passed, or steps for the enforcement of the rights of any creditors of the individuals or company taken, without the consent of the President but, where the business is carried on by a company, the President may present a petition for the winding up of the company by the court, and the making of an order under this section shall be a ground on which the company may be wound up by the court. (9) Where an order is made under this section appointing a controller for any business, any remuneration of, and any costs, charges and expenses incurred by, the controller, and any other costs, charges and expenses incurred in connection with the control and supervision of the carrying out of the order, shall, to such amount as may be certified by the President, be defrayed out of the assets of the business, and, as from the date of the certificate, be charged on those assets in priority to any other charges thereon. (No. 34 of 1947) 7. (1) No assignment of a chose in action made by or on behalf of an enemy shall, except with the sanction of the President, be effective so as to confer on any person any rights or remedies in respect of the chose in action; and neither a transfer of a negotiable instrument by or on behalf of an enemy, nor any subsequent transfer thereof, shall, except with the sanction of the President, be effective so as to confer any rights or remedies against any party to the instrument. (2) Subsection (1) shall apply in relation to any transfer of any coupon or other security transferable by delivery, not being a negotiable instrument, as it applies in relation to any assignment of a chose in action. (3) If any person by payment or otherwise purports to discharge any liability from which he is relieved by this section, knowing the facts by virtue of which he is so relieved, he shall be deemed to have thereby traded with the enemy: Transfer of negotiable instruments and choses in action by enemies

Provided that in any proceedings for an offence of trading with the enemy which are taken by virtue of this subsection, it shall be a defence for the defendant to prove that at the time when he purported to discharge the liability in question he had reasonable grounds for believing that the liability was enforceable against him by order of a competent court, not being either a court having jurisdiction in the Republic, or a court of a State at war with the Republic, and would be enforced against him by such an order. (4) Where a claim in respect of a negotiable instrument or chose in action is made against any person who has reasonable cause to believe that, if he satisfied the claim, he would be thereby committing an offence of trading with the enemy, that person may pay into the High Court any sum which, but for the provisions of subsection (1), would be due in respect of the claim, and thereupon that sum shall, subject to rules of court, be dealt with according to any order of the Court, and the payment shall for all purposes be a good discharge to that person. (5) Nothing in this section shall apply to securities to which the next following section applies. (As amended by S.I. No. 5 of 1965) 8. (1) IfTransfer and allotment of securities

(a) any securities to which this section applies are transferred by or on behalf of an enemy; or (b) any such securities, being securities issued by a company within Cap. 388 the meaning of the Companies Act, are allotted or transferred to, or for the benefit of, an enemy subject without the consent of the President; then, except with the sanction of the President, the transferee or allottee shall not, by virtue of the transfer or allotment, have any rights or remedies in respect of the securities; and no body corporate by whom the securities were issued or are managed shall take any cognizance of, or otherwise act upon, any such transfer except under the authority of the President. (2) No share warrants, stock certificates or bonds, being warrants,

certificates or bonds payable to bearer, shall be issued in respect of any securities to which this section applies, being securities registered or inscribed in the name of an enemy or of a person acting on behalf of, or for the benefit of, an enemy. (3) Any person who contravenes the provisions of this section shall be liable, on conviction by a magistrate holding a subordinate court of the first class, to imprisonment for a term not exceeding six months or to a fine not exceeding three thousand penalty units, or to both. (4) This section applies to the following securities, that is to say, annuities, stock, shares, bonds, debentures or debenture stock registered or inscribed in any register, branch register or other book kept in the Republic. (As amended by Act No. 13 of 1994) 9. (1) Purchasing enemy currency shall be treated as trading with the enemy. (2) In this section, "enemy currency" means any such notes or coins as circulate as currency in any area under the sovereignty of a Power with whom the Republic is at war, not being an area in the occupation of the Republic, or of a Power allied with the Republic, or any such other notes or coins as are for the time being declared by an order of the President to be enemy currency. (As amended by S.I. No. 5 of 1965) 10. Power of Postmaster-General (a) to intercept and confiscate any postal order remitted in to confiscate and contravention of the provisions of this Act; cancel postal (b) to cancel the advice to the paying authorities in respect of any matter International Money Order remitted in contravention of this Act. (No. 34 of 1947) PART III PROPERTY OF ENEMIES AND ENEMY SUBJECTS It shall be lawful for the Postmaster-GeneralPurchase of enemy currency

11. (1) With a view to preventing the payment of money to enemies and of preserving enemy property in contemplation of arrangements to be made at the conclusion of peace, the President may appoint a Custodian of Enemy Property for the Republic, and may by statutory order(a) require the payment to the Custodian of money which would, but for the existence of a state of war, be payable to or for the benefit of a person who is an enemy, or which would, but for the provisions of section seven or eight, be payable to any other person; (b) vest in the Custodian such enemy property as may be prescribed, or provide for, and regulate, the vesting in the Custodian of such enemy property as may be prescribed; (c) vest in the Custodian the right to transfer such other enemy property as may be prescribed, being enemy property which has not been, and is not required by the order to be, vested in the Custodian; (d) confer and impose on the Custodian and on any other person such rights, powers, duties and liabilities as may be prescribed as respects(i) property which has been, or is required to be, vested in the Custodian by or under the order; (ii) property of which the right of transfer has been, or is required to be, so vested; (iii) any other enemy property which has not been, and is not required to be, so vested; or (iv) money which has been, or is by the order required to be, paid to the Custodian; (e) require the payment of the prescribed fees to the Custodian in respect of such matters as may be prescribed and regulate the collection of and accounting for such fees; (f) require any person to furnish to the Custodian such returns, accounts and other information and to produce such documents as the Custodian considers necessary for the discharge of his functions under the order; and any such order may contain such incidental and supplementary provisions as appear to the President to be necessary or expedient for the purposes of the order.

Collection of enemy debts and custody of enemy property

(2) Where any requirement or direction with respect to any money or property is addressed to any person by the Custodian and accompanied by a certificate of the Custodian that it is money or property to which an order under this section applies, the certificate shall be evidence of the facts stated therein, and if that person complies with the requirement or direction, he shall not be liable to any action or other legal proceeding by reason only of such compliance. (3) Where, in pursuance of an order made under this section(a) any money is paid to the Custodian;

(b) any property, or the right to transfer any property, is vested in the Custodian; or (c) a direction is given to any person by the Custodian in relation to any property which appears to the Custodian to be property to which the order applies; neither the payment, vesting or direction nor any proceedings in consequence thereof shall be invalidated or affected by reason only that at a material time(i) some person who was or might have been interested in the money or property, and who was an enemy or an enemy subject, had died or had ceased to be an enemy or an enemy subject; or (ii) some person who was so interested, and who was believed by the Custodian to be an enemy or an enemy subject, was not an enemy or an enemy subject. (4) Any order under this section shall have effect notwithstanding anything in any Act passed before this Act. (5) If any person pays any debt, or deals with any property, to which any order under this section applies, otherwise than in accordance with the provisions of the order, he shall be liable on conviction by a magistrate holding a subordinate court of the first class to imprisonment for a term not exceeding six months or to a fine not exceeding three thousand penalty units, or to both; and the payment or dealing shall be void.

(6) If any person, without reasonable cause, fails to produce or furnish, in accordance with the requirements of an order under this section, any document or information which he is required under the order to produce or furnish, he shall be liable on conviction by a magistrate holding a subordinate court of the first class to a fine not exceeding three hundred penalty units for every day on which the default continues. (7) All fees received by the Custodian by virtue of an order under this section shall be paid into the general revenues of the Republic. (8) In this section"enemy property" means any property for the time being belonging to or held or managed on behalf of an enemy or an enemy subject; "property" means real or personal property, and includes any estate or interest in real or personal property, any negotiable instrument, debt or other chose in action, and any other right or interest, whether in possession or not; and "prescribed" means prescribed by an order made under this section. (As amended by S.I. No. 5 of 1965 and Act No. 13 of 1994) Provisions as to 12. (1) The rights, powers, duties and liabilities which may be Custodian conferred and imposed by the President on the Custodian of Enemy Property under subsection (1) of section eleven shall, where it appears to the President that it is expedient that any business should be carried on or continue to be carried on in or from the Republic, include such rights, powers, duties and liabilities as respects the property and money mentioned in paragraph (d) of the said subsection (1) as, in the opinion of the President, are necessary or expedient in order to enable that business so to be carried on. (2) The power of the President under the said subsection (1) shall include power, where the Custodian dies or for any other reason ceases to hold office as such, by order to vest in his successor any property or right which was vested in the first-mentioned Custodian at the time of his dying or ceasing to hold office. (No. 34 of 1947) 13. (1) If any person, for the purpose of obtaining any authority or False

sanction under this Act, or in giving any information for the purposes of statements and this Act or of any order made thereunder, knowingly or recklessly obstruction makes a statement which is false in a material particular, he shall be liable on conviction by a magistrate holding a subordinate court of the first class to imprisonment for a term not exceeding six months or to a fine not exceeding three thousand penalty units, or to both. (2) Every person who wilfully obstructs any person in the exercise of any powers conferred on him by or under this Act shall be liable on conviction by a magistrate holding a subordinate court of the first class to a fine not exceeding one thousand five hundred penalty units. (As amended by Act No. 13 of 1994) 14. Where any offence under this Act committed by a body corporate Offences by is proved to have been committed with the consent or connivance of, or corporations to have been attributable to any neglect on the part of, any director, manager, secretary or other officer of the body corporate, he, as well as the body corporate, shall be deemed to be guilty of that offence, and shall be liable to be proceeded against and punished accordingly. 15. Any document stating that any authority or sanction is given under any of the provisions of this Act by the President and purporting to be signed on behalf of the President by the Minister shall be evidence of the fact stated in the document. (As amended by S.I. No. 5 of 1965) 16. This Act shall be without prejudice to the exercise of any right or prerogative of the State.
SUBSIDIARY LEGISLATION

Evidence of authority or sanction of the President

Saving of rights of the State

TRADING WITH THE ENEMY

Cap. 114
Government Notices 91 of 1940 171 of 1940 191 of 1941 154 of 1948 497 of 1964 Statutory Instrument

5 of 1965

SECTION 11-THE CUSTODIAN OF ENEMY PROPERTY ORDER 1. This Order may be cited as the Custodian of Enemy Property Order. Title 2. (1) Any money which would, but for the existence of a state of war, Money to be paid to Custodian be payable to or for the benefit of a person who is an enemy, and any money which is to be deemed for the purposes of the Act to be money which would, but for the existence of a state of war, be so payable, shall be paid to the Custodian. (2) Without prejudice to the generality of sub-paragraph (1), there shall be paid to the Custodian in particular any money which would, but for the existence of a state of war, be payable to or for the benefit of a person who is an enemy, by way of(a) dividends, bonus or interest, in respect of any shares, stock, debentures, debenture stock, bonds or other securities, issued by any company or government, or any municipal or other authority; (b) payment of any securities which have become payable on maturity or by being drawn for payment or otherwise; (c) interest or other payment in respect of any loan or deposit whether secured or unsecured; (d) profits or share of profits in any business, syndicate or other mercantile enterprise or adventure; (e) debt, including money in the possession of any bankers, whether on deposit or current account or whether held in trust or in custody for or for the benefit of an enemy; (f) money due under or in respect of any policy of assurance;

(g) rent or other payment reserved out of or payable in respect of freehold or leasehold property or any interest in land;

(h) (i)

payment in respect of any requisitioned property; payment arising under any trust, will or settlement.

(3) Any money which would, but for the provisions of section seven or eight of the Act be payable to any purported assignee, transferee or allottee, shall be paid to the Custodian. (4) Any money required to be paid under sub-paragraphs (1), (2) and (3) to the Custodian, shall be paid(a) within fourteen days after the commencement of this Order, if the money has become payable or would but for the existence of a state of war, have become payable before the commencement of this Order; or (b) within fourteen days after the day on which a person becomes an enemy, if the money is required to be paid to the Custodian by reason of that person being an enemy and the money has become payable or would, but for the existence of a state of war, have become payable before the day on which that person becomes an enemy; or (c) in any other case, within fourteen days after the day on which the money becomes payable or would, but for the existence of a state of war, become payable; (d) in cases in which money would, but for the existence of a state of war, be payable in a foreign currency to or for the benefit of a person who is an enemy (other than cases in which money is payable under a contract in which provision is made for a specified rate of exchange), in currency which is legal tender within the Republic (hereinafter referred to as Zambian currency) at such rate of exchange as the President may determine as appropriate for ascertaining the value in Zambian currency of the money payable on that date. (5) Nothing in the foregoing provisions of this Order shall be taken to require payment to the Custodian of any money, the payment of which is authorised to some other person, under an authority given generally or specifically by, or by any person authorised in that behalf by, the President.

(6) The Custodian shall have power to sue for and recover any moneys payable to him under this Order. (As amended by No. 191 of 1941 and No. 5 of 1965) 3. (1) Property already lawfully vested in the Custodian shall until it Vesting Orders has been lawfully divested remain vested in the Custodian, and the President, in any case where it appears to him to be expedient to do so, may by order vest in the Custodian such enemy property as may be prescribed or the right to transfer such other enemy property as may be prescribed. Any order so made by the President is hereinafter referred to as a "Vesting Order". (2) The Custodian shall, except in so far as may be otherwise prescribed by the Vesting Order, have such powers with regard to the enemy property or the right to transfer enemy property vested in him by a Vesting Order as are prescribed by this Order. (3) A Vesting Order as respects property of any description shall be of the like purport and effect as a vesting order as respects property of the same description made by the High Court under the Trustee Act, 1893, of the United Kingdom, and shall be sufficient to vest in the Custodian any property or the right to transfer any property as provided by the Vesting Order without the necessity of any further conveyance, assurance or document. 4. (1) The Custodian shall, subject to the provisions of sub-paragraph Disposal of (2) and except in so far as the President either generally or in any money or specific case may otherwise direct or order, hold any money paid to him property under this Order and any property or the right to transfer any property vested in him under any Vesting Order until the termination of the state of war, and shall thereafter deal with the same in such manner as the President shall direct. (2) The Custodian, acting under a general or special direction of the President, may at any time pay over any particular money paid to him under this Order or transfer any particular property in respect of which a Vesting Order has been made to or for the benefit of the person who would have been entitled thereto but for the operation of the Act or any Order made thereunder or to any person appearing to the Custodian to

be authorised by such person to receive the same. (3) Any money paid to the Custodian under this Order and any property in respect of which a Vesting Order has been made shall not be liable to be attached or otherwise taken in execution. (4) The receipt of the Custodian or any person duly authorised by him to sign receipts on his behalf for any money paid to him under this Order shall be a good discharge to the person paying the same. 5. Any person shall, within twenty-eight days after service on him of a Production of notice by the Custodian requiring him so to do, furnish to the Custodian documents such returns, accounts and other information as are specified therein and produce such documents as are so specified being returns, accounts, information and documents, the furnishing or production of which the Custodian considers necessary for the discharge of his functions under this Order. 6. No person shall, without the consent of the President, save as directed by this Order, transfer, part with or otherwise deal with the property of any enemy. Production of documents by managers, etc. 7. (1) Any person who holds or manages for or on behalf of an enemy any property shall, within fourteen days after the commencement of this Order (or, if the property comes into his possession or under his control after the commencement of this Order or the person for or on behalf of whom the property is held or managed, becomes an enemy after that date, then within fourteen days after the time when the property comes into the possession or under the control of the first-mentioned person or the person for or on behalf of whom the property is held or managed becomes an enemy, as the case may be), by notice in writing communicate the fact to the Custodian, and shall furnish the Custodian with such returns, accounts and other information, and produce for inspection such documents in relation thereto, as the Custodian may require. (2) Any enemy subject who holds or manages any property or any Dealing with enemy property prohibited

person who holds or manages any property for or on behalf of an enemy subject shall furnish the Custodian with such returns, accounts and other information, and produce for inspection such documents in relation thereto, as the Custodian may require. (3) Every company incorporated in the Republic and every company which though not incorporated in the Republic has a share transfer or share registration office in the Republic shall, within fourteen days after the commencement of this Order, by notice in writing communicate to the Custodian full particulars of all shares, stock, debentures and debenture stock, bonds or other securities issued by the company which are held by or for the benefit of an enemy; and, if any shares, stock, debentures or debenture stock, bonds or other securities issued by any such company as aforesaid are held by or for the benefit of any person who becomes an enemy after the commencement of this Order, the company shall, within fourteen days after the day on which that person becomes an enemy, by like notice communicate to the Custodian the like particulars in regard to that person. (4) Every partner of every firm, any partner of which has, at any time before the commencement of this Order, become an enemy, or to which money has been lent for the purpose of the business of the firm by a person who so became an enemy, shall, within fourteen days after the commencement of this Order, by notice in writing communicate to the Custodian full particulars as to any share of profits or interest due to such enemy; and every partner of every firm, any partner of which becomes an enemy after the commencement of this Order, or to which a person who becomes an enemy has lent money for the purpose aforesaid before the day on which that person becomes an enemy, shall, within fourteen days after the day on which the partner or person concerned becomes an enemy, by like notice communicate to the Custodian the like particulars in regard to that partner or person. 8. (1) Where, in exercise of the powers conferred upon him, the Sale of shares Custodian purposes to sell any shares or stock forming part of the capital or stock of any company, or any securities issued by the company, in respect of which a Vesting Order has been made, then any law or any regulation of the company to the contrary notwithstanding, the company may, with the consent of the President, purchase the shares, stock or securities, and any shares, stock or securities so purchased may from time to time be reissued by the company.

(2) Where the Custodian executes a transfer of any shares, stock or securities which he is empowered to transfer by a Vesting Order, the company or other body in whose books the shares, stock or securities are registered shall, upon the receipt of the transfer so executed by the Custodian and upon being required by him so to do, register the shares, stock or securities in the name of the Custodian or other transferee notwithstanding any regulation or stipulation of the company or other body, and notwithstanding that the Custodian is not in possession of the certificate, script or other document of title relating to the shares, stock or securities transferred; but such registration shall be without prejudice to any lien or charge in favour of the company or other body, or to any other lien or charge of which the Custodian has notice. 9. There shall be retained by the Custodian in respect of his general administrative expenses fees equal to 5 per centum of(a) the amount of moneys paid to him; and (b) the value at the date of vesting of any property which is vested in him or of which the right of transfer is vested in him. The value of any property for the purpose of assessing the fees shall be the price which, in the opinion of the Minister responsible for finance, such property would fetch if sold in the open market. The fees in respect of such property may be retained out of any proceeds of the sale or transfer thereof or out of any income accrued therefrom. (As amended by No. 171 of 1940 and No. 5 of 1965) 10. In this Order, "enemy" has the same meaning as that assigned to it Interpretation in the Act and "enemy property", "property" and "prescribed" have the same meanings as those assigned to them in section eleven of the Act, and references to "the Custodian" shall be construed as references to the Custodian of Enemy Property for the Republic from time to time. SECTION 11-THE TRADING WITH THE ENEMY (INSOLVENCY) ORDER
Government Notices 232 of 1940 497 of 1964

Prescribed fees

1. This Order may be cited as the Trading with the Enemy (Insolvency) Title Order. 2. In this Order, unless the context otherwise requiresInterpretation

"a bankrupt" means a person adjudged bankrupt in pursuance of the Bankruptcy Act; "company" means any company in respect of which the High Court has jurisdiction to make a winding-up order; "the Custodian" means the Custodian of Enemy Property for the Republic; "Deed of Arrangement" means a Deed of Arrangement to which the Deeds of Arrangement Act Applies. 3. Where any company goes into winding up or a person becomes bankrupt or enters into a Deed of Arrangement or where a debtor enters into a composition or a scheme of arrangement pursuant to section eighteen of the Bankruptcy Act, the benefit of all debts and of all claims which would but for the existence of a state of war be provable by an enemy in the winding-up or in the bankruptcy or under the Deed of Arrangement, composition or scheme of arrangement, as the case may be, and of all securities therefor shall forthwith stand vested in the Custodian.

Cap. 82

Cap. 84

Benefit of debts and claims vested in Custodian. Cap. 82

4. The Custodian shall, in relation to any such debt or claim, be entitled Powers of Custodian to prove in the winding-up or bankruptcy or under the Deed of Arrangement, as the case may be, to settle and agree accounts, to compromise disputed matters, to appeal from any rejection of a proof and otherwise to take in relation thereto such proceedings as he may think fit. 5. It shall be the duty of the liquidator in the winding-up of a company, Liquidator to make returns the trustee in any bankruptcy and of the trustee under any Deed of Arrangement and (except where a return has been duly made under paragraph 6) of the trustee under any such composition or scheme as aforesaid, within fourteen days of the facts coming to his knowledge, to make a return in writing to the Custodian of all debts and claims vested in the Custodian by virtue of this Order and provable in such winding-up or bankruptcy or under such Deed of Arrangement or under such composition or scheme, and to furnish such accounts and information and produce for inspection such documents in relation thereto as the Custodian may require.

6. It shall be the duty of a debtor who proposes to make or enter into Debtor to make returns any such composition or scheme of arrangement as aforesaid, within fourteen days of his lodging his proposal, to make a return in writing to the Custodian of all debts and claims which will vest in the Custodian by virtue of this Order if such composition or scheme be approved by the court, and to furnish such accounts and information and produce for inspection such documents in relation thereto as the Custodian may require. 7. The Custodian shall exercise all the powers conferred on him by this Custodian subject to direction by Order in such manner as he may from time to time be directed by the President and subject to any such direction as he may from time to time President think fit. SECTION 11-THE TRADING WITH THE ENEMY (INVESTMENT) ORDER
Government Notices 151 of 1941 497 of 1964 Statutory Instrument 5 of 1965

Title and 1. This Order may be cited as the Trading with the Enemy (Investment) Order, and shall be deemed to have come into operation on commencement the 12th March, 1941.

2. Any moneys received by the Custodian of Enemy Property by virtue Investment of of any order made or to be made by the President under section eleven of moneys the Act may be invested by the Custodian in the Post Office Savings Bank or in such securities as the President may from time to time specify. (As amended by No. 5 of 1965) 3. The Custodian of Enemy Property Order and every other such Order Authorisation as aforesaid shall be read and take effect as if it contained a provision authorising all moneys arising directly or indirectly to the Custodian under or by virtue of such Order to be dealt with in the manner authorised by this Order. SECTION 11-THE TRADING WITH THE ENEMY (CUSTODIAN)
Government Notices

ORDER

207 of 1946 497 of 1964

1. This Order may be cited as the Trading with the Enemy (Custodian) Title Order. 2. There shall vest in the Custodian the right to transfer all securities of Right to transfer securities the following descriptions, that is to say, annuities, stocks, shares, bonds, debentures or debenture stock registered or inscribed in any register, branch register or other book kept in the Republic or transferable by delivery of any document situate in the Republic, belonging to or held on behalf of a person who is an enemy for the purposes of this Order. 3. The Custodian is to be at liberty to transfer the said securities or any Custodian may of them into his own name to be held by him as such Custodian or into transfer securities into his own name the name or names of any other person or persons, whether on the occasion of a sale or otherwise, and to take possession of the said securities or any of them and subject to such terms and conditions (if any) as may be required by him and shall do so as and when requested by the President. 4. The Custodian (whether the said securities or any of them shall be Sale of securities transferred into his own name or not) shall sell all or any of the said securities as and when requested so to do by the President with power for that purpose to employ such brokers and agents as he shall think fit. 5. The Custodian shall exercise the voting and other rights carried by the said securities in such manner as may from time to time be directed by the President and, subject to any such directions, may exercise the rights in such manner as he may from time to time think fit. 6. Out-of-pocket payments duly made by the Custodian in relation to the receiving, collecting, vesting, management, holding or disposing of the said securities and dividends, interest and other payments shall be reimbursed to the Custodian out of such dividends, interest and other payments as aforesaid or out of the proceeds of such securities as aforesaid and shall be chargeable accordingly.
Exercise of voting and other rights

Reimbursement of payments

7. (1) Any security which is the subject of this Order shall not be liable Securities not

to be attached or otherwise taken in execution.

liable to be attached, etc.

(2) No person shall, without the consent of the President, save as directed by this Order, transfer, part with or otherwise deal with any security or dividend, interest or other payment which is the subject of this Order. (3) The receipt of the Custodian or any person duly authorised by him to sign receipts on his behalf for any dividend, interest or other payment paid to him under this Order shall be a good discharge to the person paying the same. (4) Proceedings may be taken by the Custodian in the name of the Custodian of Enemy Property and no action brought shall abate or be affected by any change in the person nominated as Custodian. 8. For the purposes of this Order, "enemy" means any person specified in the Trading with the Enemy (Specified Persons) (Amendment) Order, 1946, as amended by the Trading with the Enemy (Specified Persons) (Amendment) (No. 2) Order, 1946, and the Trading with the Enemy (Specified Persons) (Amendment) (No. 3) Order, 1946.
Interpretation. G.N. No. 76 of 1946. G.N. No. 135 of 1946. G.N. No. 181 of 1946 Government Notices 208 of 1946 497 of 1964

SECTION 11-THE TRADING WITH THE ENEMY (CUSTODIAN) (AMENDMENT) ORDER

1. This Order may be cited as the Trading with the Enemy (Custodian) Title (Amendment) Order. 2. Paragraphs 2, 6 and 7 of the Custodian of Enemy Property Order (requiring payment of certain monies to the Custodian and imposing restrictions and requirements in regard to certain property in the Republic) shall not apply to(a) any money which would, but for the existence of a state of war, become payable to or for the benefit of any person within the description contained in paragraph 3 on or after the 6th September, 1946; (b) any property which on or after the 6th September, 1946, comes
Exceptions

into the ownership of any such person as aforesaid. 3. This Order appliesApplication

(a) to any individual resident in any territory which has at no time been enemy territory; (b) as respects any business carried on in the territory referred to in sub-paragraph (a), to any individual or body of persons (whether corporate or unincorporate) carrying on that business. SECTION 11-THE TRADING WITH THE ENEMY (CUSTODIAN) (SPECIFIED PERSONS) ORDER
Government Notice 209 of 1946

1. This Order may be cited as the Trading with the Enemy (Custodian) Title (Specified Persons) Order. 2. There shall vest in the Custodian(a) any debt which would, but for the existence of a state of war, be payable to or for the benefit of a person who is an enemy for the purposes of this Order; (b) in respect of any monies which would, but for the existence of a state of war, be payable to or for the benefit of a person who is such an enemy as aforesaid all the right, title and interest of any such person as aforesaid: Provided nevertheless that if in any case the vesting in the Custodian of any such debt or any such right, title or interest as aforesaid would cause a forfeiture or determination of such debt or right, title or interest as aforesaid, then, in any such case, this Order shall not have the effect of vesting the same in the Custodian. 3. For the purposes of this Order, "enemy" means any person specified in the Trading with the Enemy (Specified Persons) (Amendment) Order, 1946, as amended by the Trading with the Enemy (Specified Persons) (Amendment) (No. 2) Order, 1946, and the Trading with the Enemy (Specified Persons) (Amendment) (No. 3) Order, 1946.
Interpretation G.N. No. 76 of 1946. G.N. No. 135 of 1946. G.N. No. 181 of 1946 Government Notice Vesting of debt, etc., in Custodian

SECTIONS 3 AND 8-THE TRADING WITH THE

ENEMY (AUTHORISATION) ORDER

210 of 1946 497 of 1964

1. This Order may be cited as the Trading with the Enemy (Authorisation) Order.

Title

2. Notwithstanding anything contained in section three of the Act, any Trading within certain territories person, unless the President otherwise directs, may trade within any territory which has at no time been enemy territory (which territory is hereinafter referred to as "the said territory") with any person to whom this Order applies. 3. The transfer by or on behalf of any person to whom this Order applies of any annuities, stocks, shares, bonds, debentures or debenture stock registered or inscribed in any register, branch register or other book kept in the Republic which on or after the 6th September, 1946, come into the ownership of any such person as aforesaid, is hereby sanctioned. 4. (a) This Order appliesto any individual resident in the said territory; and
Transfer of annuities, etc.

Application

(b) as respects any business carried on in the said territory to any individual or body of persons (whether corporate or unincorporate) carrying on that business. _________ GENERAL NOTE This booklet contains only the more important subsidiary legislation made under the Trading with the Enemy Act. Reference should be made to the annual bound volumes of Government Notices for full particulars of the numerous Orders made under this Act.

CHAPTER 115 THE EXPLOSIVES ACT

ARRANGEMENT OF SECTIONS

Section 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. Short title Interpretation Application Appointments Powers of Inspectors of Explosives, Mines and Machinery Appeal against suspension, refusal or cancellation Importation and exportation of explosives Manufacture of explosives Special rules for explosives factories Powers of search in explosives factories Powers of search for explosives unlawfully possessed

12. Authorisation of and entry to and search of premises where explosives are stored or used 13. 14. 15. 16. 17. 18. 19. 20. 21. Precautions against loss of explosives No taking away of explosives without permission Unlawful secretion of explosives Possession or conveyance of explosives Destruction of explosives Regulations Obstructing Inspectors Factories Act not to apply to an explosives factory Repeal of Cap. 102

CHAPTER 115

EXPLOSIVES

Act No. 10 of 1974 13 of 1994 14 of 1995

An Act to make provision for regulating control over the manufacture,

use, possession, storage, importation, exportation, transportation and destruction of explosives; and to provide for matters incidental thereto or connected therewith. [7th May, 1974] 1. This Act may be cited as the Explosives Act. Short title Interpretation

2. In this Act, unless the context otherwise requires"Deputy Chief Inspector" means the Deputy Chief Inspector of Explosives appointed under sub-section (2) of section four; "authorised explosive" means any such explosive as the Minister may, by statutory instrument, specify from time to time; "authorised official" means any person not below the rank of superintendent authorised in writing by name or office by the Chief Inspector to impose a summary fine as may be prescribed in any regulations made under this Act; "authorising officer" means a police officer appointed under subsection (2) of section twelve; "Chief Inspector" means the Chief Inspector of Explosives appointed under sub-section (1) of section four; "explosives" means(a) gunpowder, nitro-glycerine, dynamite, gelignite, gun-cotton, blasting-powder, explosives, fulminate of mercury or of any other metal, and every other substance, whether similar to those herein mentioned or not, which is used or manufactured with a view to producing a practical effect by blasting or explosion; (b) any detonating, igniter or safety fuse, electric or non-electric, detonator, percussion cap, fuse igniter, and every adaptation or preparation of any explosive herein defined; (c) any other substance which the Minister may from time to time, by statutory instrument, declare to be an explosive;

but shall not include any ammunition, firework or rocket for which a licence to import, possess or deal in is required by any other law; "explosives factory" means any place licensed under this Act for manufacturing explosives for sale, and includes a mound, building and magazine, and the work carried on therein or thereon for whatsoever purpose; "holder" means any person appointed by the owner to obtain authority to possess, manufacture, store, transport, deal in, import or export explosives; "Inspector of Explosives" means an Inspector of Explosives appointed under sub-section (3) of section four, and shall include the Chief Inspector of Explosives, the Deputy Chief Inspector of Explosives and a Senior Inspector of Explosives; "Inspector of Mines" means an Inspector of Mines appointed under sub-section (3) of section four and shall include the Chief Inspector of Mines, the Deputy Chief Inspector of Mines and a Senior Inspector of Mines; "Inspector of Machinery" means an Inspector of Machinery appointed under sub-section (3) of section four, and shall include the Chief Inspector of Explosives, the Deputy Chief Inspector of Explosives and a Senior Inspector of Machinery; "manager" means the person appointed to be or purporting to act as the manager or any person in charge of any mine, explosives factory or works; "manufacture" includes the making and division of any explosive from or into its component parts by any process, the conversion of an explosive into an explosive of another kind, and the alteration, fitting for use or repair of any explosive; "mine" has the meaning assigned to the word "mine" when used as a noun in the Mines and Minerals Act; "owner" includes the occupier of any premises where explosives are manufactured, used, stored or handled; and where such occupier is a body corporate, the accredited representative of such body; Cap. 213

"premises" includes land, road, rail, harbour, river, lake, rail truck, canal, building, structure, ship, boat or any other means of conveyance or transport; "works" means any place other than a mine or explosives factory where explosives are manufactured, used, stored, transported or handled. (As amended by Act No. 14 of 1995) 3. Nothing in this Act shall apply toApplication Cap. 110

(a) the manufacture, storage, use, possession, transportation, importation and exportation of explosives by the Zambia Defence Force, the Zambia Police Force and the Zambia Prison Service or any other person authorised under any written law; (b) any ammunition for which a licence is required in accordance with the provisions of the Firearms Act; (c) any fireworks for which any licence is or may be required under any written law.

4. (1) There shall be appointed a Chief Inspector of Explosives who Appointments shall be a public officer, and for the purposes of this Act, the Chief Inspector of Mines shall be the Chief Inspector of Explosives, and shall, subject to the general or special directions of the Minister, exercise and perform the functions conferred or imposed upon the Chief Inspector of Explosives by or under this Act, and shall have overall responsibility for matters concerning safety in the manufacture, possession, use, storage, transportation, importation, exportation and destruction of explosives in the Republic. (2) There shall be appointed a Deputy Chief Inspector of Explosives who shall be a public officer and, for the purposes of this Act, the Deputy Chief Inspector of Mines shall be the Deputy Chief Inspector of Explosives, and shall exercise and perform the functions conferred or imposed upon the Assistant Chief Inspector of Explosives by or under this Act and such other functions as are delegated to him by the Chief Inspector. (3) There shall be appointed such number of Inspectors of Explosives, Inspectors of Mines and Inspectors of Machinery, who shall be public officers, and such number of other public officers as may be necessary

for the due and proper administration of this Act. (4) Where the office of the Chief Inspector is vacant or the Chief Inspector is, owing to absence or inability to act from illness or other cause, unable to exercise and perform the functions of his office, the Deputy Chief Inspector shall exercise and perform the functions of the Chief Inspector during such vacancy, absence or inability. (5) The Chief Inspector, the Deputy Chief Inspector, an Inspector of Explosives, an Inspector of Mines, an Inspector of Machinery or any other public officer appointed under this Act shall not be liable for anything done or omitted to be done in good faith in the performance or purported performance of any function vested in or delegated to him by or under this Act. (6) An Inspector of Explosives appointed under sub-section (3) may, if suitably qualified, be appointed an Inspector of Mines, and if so appointed, he shall, for the purposes of this Act, have all the powers conferred by or duties imposed upon an Inspector of Mines by or under this Act. (As amended by Act No. 14 of 1995) 5. (1) (a) An Inspector of Explosives shall have the power to enter, inspect, examine or conduct an inquiry or test at any hour of the day or night in the whole or any part of an explosives factory, explosives magazine and any place on the surface where explosives are manufactured, transported, handled or stored, for the purpose of determining whether the provisions of this Act and any regulations made thereunder are complied with, and he may issue such directions as he may deem necessary to ensure compliance therewith, or to be necessary or desirable in the interests of safety and health. (b) An Inspector of Mines shall have the power to enter, inspect, examine or conduct an inquiry or test at any hour of the day or night at any place in the Republic where explosives are used, manufactured, transported, handled or stored, for the purpose of determining whether the provisions of this Act and any regulations made thereunder are complied with, and he may issue such directions as he may deem necessary to ensure compliance therewith, or to be necessary or desirable in the interests of safety and health. Powers of Inspectors of Explosives, Mines and machinery

(c) An Inspector of Machinery shall have the power to enter, inspect, examine or conduct an inquiry or test at any hour of the day or night at any place where any machinery or apparatus is used for or is associated with the manufacture of explosives, for the purpose of determining whether the provisions of this Act and any regulations made thereunder are complied with, and he may issue such directions as he may deem necessary to ensure compliance therewith, or to be necessary or desirable in the interests of safety and health. (2) In exercise of the respective powers contained in paragraphs (a), (b) and (c) of sub-section (1), the Inspector of Explosives, Inspector of Mines and Inspector of Machinery shall also have power(a) to take or remove for the purpose of analysis or test or for use as evidence, samples of any minerals, material or other substance as he may deem necessary: Provided that where such power is exercised the holder or manager shall be notified of anything so taken or removed; (b) to obtain and record statements from witnesses, to appear at or conduct inquiries held regarding accidents, dangerous occurrences and contraventions of any of the provisions of this Act or any regulations made thereunder, to appear at inquests and to call and examine and cross-examine witnesses and to conduct or assist in conducting a prosecution for any offence under this Act or any regulations made thereunder subject, however, to any general or special directions of the Director of Public Prosecutions; (c) to take evidence on oath or affirmation, and to administer oaths or affirmations for such purpose, when conducting an inquiry under the provisions of this section; (d) to require any person to attend as a witness, to give evidence or to produce any document in his possession or power which relates to any matter connected with an inquiry under the provisions of this section: Provided that no person shall be compelled to answer any question, or produce any book, record, document or thing which he could not be compelled to answer or produce if he were an accused person or a witness, as the case may be, in criminal proceedings in a court;

(e) to draw the attention of any holder or manager to any practice not specifically dealt with by or under this Act which appears to be of a dangerous or defective character, and he may issue such orders with regard to the cessation or modification of such practice as he may deem fit and the holder or manager shall forth-with comply therewith; and such orders shall, as soon as practicable thereafter, be confirmed in writing: Provided that where any direction or order has been issued under this section, it shall be competent for the holder or manager to submit in writing such objections as he may have to the direction or order to the Chief Inspector who may confirm, modify or withdraw the direction or order. (3) An Inspector of Explosives and an Inspector of Mines shall also have the power to issue, refuse, suspend or cancel any licence, authorisation, sanction or permit for which provision is made by or under this Act, and to give notice thereof to the party affected by such refusal, suspension or cancellation. 6. (1) Any person aggrieved by any refusal, suspension or cancellation made under sub-section (3) of section five (other than a refusal, suspension or cancellation by the Chief Inspector under that sub-section) may appeal in writing, within fourteen days of receiving notice of such refusal, suspension or cancellation, to the Chief Inspector who shall, after considering any written or oral representations which such person may wish to make in that behalf, give his decision thereon. (2) Any person aggrieved by any refusal, suspension or cancellation made by the Chief Inspector under sub-section (3) of section five, or by his decision under sub-section (1), may appeal within fourteen days, in such manner as may be prescribed, to the Minister whose decision, after considering any written or oral representations which such person may wish to make in that behalf, shall be final and shall not be questioned in any court: Provided that no appeal shall lie against the result of any test or examination which any person may be required to undergo in terms of any regulations made under this Act in order to obtain any licence, authorisation, sanction or permit. Appeal against suspension, refusal or cancellation

7. (1) No person shall import into or export from or cause to be Importation and imported into or exported from the Republic any explosives without the exportation of written authority of the Chief Inspector. explosives (2) Any person who contravenes the provisions of sub-section (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding ten thousand penalty units or to imprisonment for a term not exceeding three years, or to both. (As amended by Act No. 13 of 1994) 8. (1) No person shall manufacture any explosives except in Manufacture of accordance with any regulations made under this Act and the terms and explosives conditions of a licence issued to him for the purpose: Provided that where any person is desirous of making explosives for experimental or trial purposes he shall, before making such explosives, obtain written approval from the Chief Inspector. (2) Any person contravening the provisions of sub-section (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding fifty thousand penalty units or to imprisonment not exceeding five years or to both, and the explosives in respect of which the contravention has taken place shall be seized by the Chief Inspector and thereafter destroyed. (As amended by Acts No. 13 of 1994 and 14 of 1995) 9. (1) The manager of an explosives factory shall make special rules not Special rules for inconsistent with this Act or any regulations made thereunder for explosives controlling the processes and procedures and for the maintenance of factories order and discipline and the prevention of accidents at the explosives factory, and such rules shall be approved by the Minister prior to their enforcement. (2) If the Minister considers any such rule to be unreasonable, unnecessary or otherwise undesirable, he shall disallow it or require it to be altered and his decision thereon shall be final. (3) Special rules approved by the Minister shall have the same force and

effect as any regulations made under this Act. (4) It shall be the duty of the manager to ensure that every person in the explosives factory for whose guidance or safety the special rules are made or who may be affected thereby is supplied with a copy of such rules, and that such person has duly acknowledged receipt thereof. 10. (1) In every explosives factory, the explosives manufacturing and storage areas and so much of the land surrounding them as may be shown on the official site plan and as the Chief Inspector may direct shall be fenced, and such areas shall be known as danger areas. (2) For the purpose of ensuring that a person entering or about to enter any danger area does not possess any smoking or combustible material or any article designed or adapted to produce a naked flame or spark or any other article which may be dangerous to persons or property in such area, it shall be the duty of the manager of an explosives factory to employ a sufficient number of persons competent to carry out a search of the person so entering or about to enter the danger area. (3) The search shall be carried out in the presence of at least one other person employed under sub-section (2), and in so doing the person making the search shall look for any smoking or combustible material or any article designed or adapted to produce a naked flame or spark or any other article or thing which may be dangerous to persons or property in any danger area. (4) Any person who wilfully obstructs, resists or refuses to be searched by a person duly authorised to carry out a search in exercise of any power conferred upon such person shall be guilty of an offence and shall be liable on conviction to a fine not exceeding twenty five thousand penalty units or to a term not exceeding two years and six months or to both. (As amended by Acts No. 13 of 1994 and 14 of 1995) 11. (1) For the purpose of this section, "officer" means a police officer Powers of of or above the rank of Assistant Inspector, Grade I, an Inspector of search for Explosives or an Inspector of Mines. explosives unlawfully possessed Powers of search in explosives factories

(2) An officer may, without warrant, stop, search and detain any vehicle in or upon which there is reason to suspect that explosives are being unlawfully conveyed and may also stop, search or cause to be searched and detain any person who may reasonably be suspected of unlawfully conveying explosives. (3) An officer may, without warrant, enter, with or without assistance, and using force for that purpose if necessary, any place or premises in which he has reason to suspect that any explosive is being unlawfully manufactured or kept, and may search or cause to be searched such place or premises and any person found therein. (4) Where, as a result of any search made under the provisions of this section, any explosive is found and no valid permit, licence, authorisation or sanction is produced by any person in respect thereof, the officer concerned may seize such explosive, and he shall thereupon dispose of it in such manner as the Chief Inspector may direct. (5) Any person who wilfully obstructs or resists any officer in the lawful exercise of any power conferred upon, or in the lawful execution of any duty imposed upon, such officer by this section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding twenty five thousand penalty units or to imprisonment not exceeding two and a half years or to both. (As amended by Acts No. 13 of 1994 and 14 of 1995) 12. (1) For the purpose of this section, "building or other premises" shall not include any building or premises used as a dwelling-house or as a recreation hall, theatre or other similar place of entertainment. Authorisation of and entry to and search of premises where explosives are stored or used

(2) The Inspector-General of Police may, by Gazette notice, appoint by name or office any police officer of or above the rank of Assistant Inspector, Grade I, to be an authorising officer for the purposes of this section in respect of such area as the Inspector-General may, by the same or by any other Gazette notice, define.

(3) An authorising officer appointed under sub-section (2) may issue a written authorisation, subject to such conditions, if any, as he may in his discretion endorse thereon, to such person or persons as he may in his absolute discretion deem fit to search for explosives. (4) Any person authorised under the provisions of sub-section (3) may, subject to the conditions of his authorisation, enter any building or other premises where he has reason to believe that explosives are stored or used and to search or cause to be searched any person or property found in such building or premises. (5) Without prejudice to the generality of the provisions of sub-section (4), the conditions which may be endorsed upon any authorisation issued thereunder may relate to any or all of the following matters: (a) the date upon which or the dates between which entry and search may be made; (b) (c) the hours between which entry and search may be made; the particular building or other premises concerned.

(6) Any person entering or conducting a search in any building or other premises under the provisions of this section shall produce his written authorisation to any person in or about such building or premises, who may wish to confirm the authority of such person. (7) Any person who wilfully obstructs or resists any authorised person in the lawful exercise of any of the powers conferred by the provisions of this section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding twenty five thousand penalty units or to imprisonment for a term not not exceeding two and a half years or to both. (As amended by Acts No. 13 of 1994 and 14 of 1995) 13. (1) Every person having in his possession or under his control any Precautions explosive shall take all precautions which, having regard to the purpose against loss of for which such explosive is lawfully used, are reasonable, to ensure that explosives such explosive is not lost or stolen or is not at any time available to any

person not lawfully entitled to possess or use such explosive. (2) Any person who(a) fails to comply with any of the provisions of sub-section (1); or

(b) is or was in possession of any explosive and refuses or fails on demand made by the officer referred to in sub-section (1) of section eleven or by any authorised person to give a true account of the location or disposal of such explosive or to produce any relevant licence, authorisation, sanction or permit issued to him; shall be guilty of an offence and shall be liable on conviction to a fine not exceeding twenty five thousand penalty units or to imprisonment for a term not exceeding two and a half years or to both. (3) In any prosecution for an offence under sub-section (2), the onus shall lie on the accused to prove that he took all reasonable precautions required to be taken under sub-section (1). (As amended by Acts No. 13 of 1994 and 14 of 1995) 14. (1) No person shall without the permission of the holder take away or cause to be taken away any explosives while they are in transit or from any place where they are stored or used, and no person shall be in possession of explosives except as provided for in this Act and in any regulations made thereunder. (2) Any person contravening any of the provisions of sub-section (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding fifty thousand penalty units or to imprisonment for a term not exceeding five years or to both. (As amended by Acts No. 13 of 1994 and 14 of 1995) 15. (1) No person shall secrete or otherwise hide or abandon any explosives. Unlawful secretion of explosives No taking away of explosives without permission

(2) Any person contravening the provisions of sub-section (1) shall be guilty of an offence and shall be liable on conviction to a fine not

exceeding fifty thousand penalty units or to imprisonment for a term not exceeding five years or to both. (As amended by Act No. 13 of 1994 and 14 of 1995) 16. Nothing in this Act shall apply to the possession or conveyance of Possession or any explosive taken as a sample for the purposes of carrying out the conveyance of provisions of this Act or any regulations made thereunder: explosives Provided that the quantity of such explosive is not more than is reasonably necessary for the purposes aforesaid and the sample is conveyed and stored with all due precaution. 17. (1) Where an Inspector of Explosives or an Inspector of Mines is of Destruction of explosives the opinion that an explosive, because of its condition or the circumstances in which it is found, could constitute a danger to persons or property, he may declare such explosive to be unsafe and shall thereafter take possession thereof and destroy or cause to be destroyed such unsafe explosive. (2) Any person who wilfully obstructs or resists the Inspector of Explosives or the Inspector of Mines in any of the powers conferred by the provisions of sub-section (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding twenty five thousand penalty units or to a term of imprisonment not exceeding two and a half years or to both. (As amended by Acts No. 13 of 1994 and 14 of 1995). 18. (1) The Minister may, by statutory instrument, make regulations for Regulations the better carrying into effect of this Act. (2) In particular, and without prejudice to the generality of the power conferred by sub-section (1), regulations made thereunder may provide for(a) the regulation of the importation, exportation and transportation of explosives, by inland waterways, rail and road; (b) the regulation of the storage and use of explosives;

(c) the regulation of the construction of explosives factories and magazines; (d) the regulation of all sales and possession of explosives; or direction made under this Act, and prescribing procedures for dealing summarily with such contravention or failure to comply with any order given or direction made and to impose summary fines therefor. 19. (1) No person shall obstruct an Inspector of Explosives, Inspector of Mines or Inspector of Machinery in the performance of his duties under this Act. (2) If any person wilfully delays any of the Inspectors referred to in sub-section (1) in the exercise of any power conferred upon him by or under this Act, or fails to comply with any order made under this Act or any regulation made thereunder or fails to produce any licence, authorisation, sanction or permit, notice or document which he is required by or in pursuance of this Act to produce, or conceals or prevents, or attempts to conceal or prevent, a person appearing before or being examined by such Inspector, that person shall be deemed to have obstructed such Inspector in the performance of his duties under this Act. (3) Any person who contravenes the provisions of sub-section (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding twenty five thousand penalty units or to a term of of imprisonment not exceeding two and a half years or to both. (As amended by Acts No. 13 of 1994 and 14 of 1995) 20. Notwithstanding anything to the contrary contained in the Factories Act Factories Act, the provisions of that Act shall not apply to an explosives not to apply to factory. an explosives factory. Cap. 441 21. The Explosives Act is hereby repealed. Repeal of Cap. 102 Obstructing Inspectors

SUBSIDIARY LEGISLATION

EXPLOSIVES THE EXPLOSIVES REGULATIONS [ARRANGEMENT OF REGULATIONS]

PART I PRELIMINARY AND GENERAL

Regulation 101. 102. 103. 104. 105. 106. 107. 108. 109. 110. 111. 112. 113. 114. 115. 116. 117. 118. 119. 120. 121. Title Interpretation Duties of owner and appointment of holder Holder to enforce Regulations Appointment of person to assist holder Appointment of other persons to assist holder Notice of appointments and cancellations Appointments of other competent persons Record and reporting of breaches of Regulations Failure to comply with Inspector's directions Summary penalties Persons observing, knowing or hearing of danger Illegal acts Copies of Regulations to be supplied where applicable Precautions when using, storing, etc., explosives Closure of mine, factory or works Electrical wiring Lightning protection system Thunderstorms and loading operations Thunderstorms and blasting operations Precautions when using electric detonators underground

122. 123.

Radio transmitters and carrying of electric detonators Conveyance of electric detonators

124. Radio transmission when electric detonators are being charged and blasted 125. Safety distances for magazines and boxes when storing electric detonators 126. 127. 128. 129. 130. 131. 132. 133. 134. 135. 136. 137. Orderly behaviour Prohibition against radio transmitters underground Complaints by persons Persons to be fit Reporting of accidents at works Injury resulting in death Accidental ignition of explosives at works Free replacement licence, authorisation or sanction Minister's power to exempt Chief Inspector's power to exempt Revocation and saving Penalties

PART II MANUFACTURE OF EXPLOSIVES

201. 202. 203. 204. 205. 206. 207. Prohibition of manufacture Licence to manufacture explosives Establishment of an explosives factory Plans, specifications and site plans Tables of distances Conditions of issue of licence Special rules

Appendix 1

208. 209. 210. 211. 212. 213. 214. 215. 216. 217. 218. 219. 220. 221. 222. 223. 224. 225. 226. 227. 228. 229.

Fencing of manufacturing and storage areas Specifications of fencing Provision of and offences by searchers Entrances to danger areas Conditions to be observed in danger area Manner of searching Authorisation of danger buildings Documents to be exhibited in danger building Specifications for danger buildings Permitted tools in danger buildings Danger buildings to be kept clean Foreign matter in danger buildings Provision of passageways Prevention of danger from heat Spilled explosives Examination and removal of ingredients Clean floors Specifications for vehicles and receptacles Inspection of danger buildings Duties of person in charge of danger building Repairs to or in danger buildings Explosives to be protected from sun

Appendix 2 230. Mixing houses for blasting agents to comply with tables of distances 231. 232. 233. 234. 235. 236. 237. Specifications for mixing houses Specifications for mixing plant Fuel tanks to be separated from mixing operations. Fuel tanks to be buried Flash-point of fuel oil Prohibited materials Materials to be compatible

238. 239. 240. 241. 242. 243. 244. 245. 246. 247. 248. 249.

Floors of mixing house to be kept clean Re-use of bags Damaged bags prohibited Welding in mixing house prohibited Storage prohibited in mixing house Blasting agent to be stored Trolley to be approved Storage of blasting agents Specification of storage buildings Storage buildings to be licensed Storage buildings to be kept locked No cultivation, shrubs or weeds

Appendix 3 Regulation 250. 251. 252. 253. 254. 255. 256. 257. Prohibited mixing Blasting agents used or destroyed on day of manufacture Equipment of approved design Hand mixing Prohibition against smoking Supervision in manufacture Additional requirements Prohibition of manufacture underground

Appendix 4 258. 259. 260. 261. 262. 263. 264. 265. Storage of ammonium nitrate Requirements for storage of ammonium nitrate Stacking of bags Cleanliness Spilled ammonium nitrate Prohibition against smoking Separation of ammonium nitrate Provisions against fires

Appendix 5 266. 267. 268. 269. 270. 271. 272. 273. 274. 275. 276. 277. 278. 279. 280. 281. 282. delay 283. 284. 285. 286. 287. 288. 289. Thunderstorms approaching explosives factory Destruction of explosives Testing of explosives Persons under eighteen years Explosives containers Monthly returns of explosives No cultivation, shrubs or weeds Effective means for fire-fighting Inspection of fire-fighting equipment Organisation and fire drills Withdrawals of persons Fire procedure Provision and requirements for first-aid station Appointment of competent first-aid persons Provision for first-aid canisters Transport to be provided Manager to ensure injured or sick persons treated without Reporting of accidents Notification of accidents Injury resulting in death Danger occurrences to be reported Provision for protective clothing and equipment Wearing of protective clothing and equipment Provision of adequate ventilation

PART III TRANSPORTATION OF EXPLOSIVES BY INLAND

WATERWAY, ROAD, RAIL AND AIR

301. 302. 303. vessel 304. 305. 306. Compliance with Inland Waters Shipping Act Regulations to apply to vessels transporting explosives Chief Inspector to approve the transportation of explosives by Magazine in a vessel Licensed magazine in a vessel Licence to be posted in magazine

307. Transportation of explosives with inflammable goods and dangerous cargoes prohibited 308. 309. 310. 311. 312. 313. 314. 315. 316. 317. 318. 319. 320. 321. 322. 323. 324. 325. 326. 327. 328. Vessel less than thirty tonnes to be propelled by diesel engine Requirement for vessel transporting electric detonators Hold to be watertight Vessel in charge of competent person No explosives on deck Types of explosives which may be conveyed together Prohibition of smoking Carrying explosives with non-dangerous goods Position of explosives in relation to engine or exhaust pipe Magazine requirement Containers for explosives Limitation on quantity of ammonium nitrate Time for loading and unloading Testing for lifting appliance Repacking Supervision Route When unloading complete Liability of competent person Liability of Port Officer Compliance with the provisions of the Roads and Road

Traffic Act 329. 330. Regulations for road vehicles Route

331. Blasting licence holder in charge and no transportation in hours of darkness 332. 333. 334. 335. 336. 337. 338. 339. 340. Public service vehicles Limitation of persons on explosives road vehicles Prohibition of conveyance by certain means No articulated vehicles No trailers Prohibition against stopping and parking Procedure for vehicles involved in accidents Authorised vehicles Authorised vehicle requirements

341. Only unopened boxes or approved containers in authorised vehicles 342. 343. 344. 345. 346. 347. Requirements for other vehicles transporting explosives Explosives to be effectively protected Fuel only to be carried in fuel tank Conveyance of different types of explosives Engine switched off during loading and unloading Prohibition against smoking

348. Prohibition on matches, means of ignition, steel or iron heels or exposed nails 349. 350. 351. 352. 353. 354. 355. 356. 357. 358. Explosives not to be carried in cab Explosives compartment to be clean Vehicle upon arrival at destination to be unloaded Thunderstorm during transportation Convoys When to engage low gear Compliance with relevant Railway Act Rail trucks to which Regulations apply Types of explosives loaded in rail truck Explosives permits

359. 360. 361. 362. 363. 364. 365. 366. 367. 368. 369. 370. 371. 372. 373. 374. 375. 376. 377. 378. 379. 380. 381. holder 382. scheme 383. 384. 385. 386. 387. 388. 389.

Types of train Prohibition on passengers Maximum weight Positioning of rail trucks in special explosives train Positioning of rail trucks in ordinary explosives train Positioning of dangerous goods Prohibition against conveyance of flammable goods Electric detonators Labels on rail trucks Responsibility of railways official for labels Rail truck to be approved Route Prohibition against stopping of rail trucks and trains Limitation on speed Shunting Reporting of defective braking mechanism Unloading of rail trucks Unloading at final destination Safe loading bay Definition of safe storage bay Standing in safe loading bay Unloading under supervision of blasting licence holder Rail truck only to be opened in presence of blasting licence Railway authority responsible for effective distribution Vacuum and parking brakes and stop block when unloading Notification of accidents and incidents to rail trucks Illegal acts Restrictions on rail trucks containing explosives Prohibition on smoking Prohibition on explosives in aircraft Information about aircraft accidents

PART IV TRANSPORTATION OF EXPLOSIVES AT ANY MINE OR WORKS

401. Permitted types of conveyance for transportation of explosives at any mine or works 402. 403. 404. Requirements of rubber tyred vehicles Requirements for vehicles running on rails Painting of vehicles used exclusively for explosives

405. Transportation in vehicles and conveyances only in unopened boxes and approved containers 406. 407. 408. 409. Limitation on speed for various conveyances Use of approved vehicles for other materials Explosives in transit under a blasting licence holder Onsetter or cage tender and crew only to travel

PART V STORAGE OF EXPLOSIVES

501. 502. 503. 504. 505. 506. 507. 508. 509. Application Permitted storage places Damaged containers to be repaired Storage of other materials prohibited Naked light, matches or smoking prohibited Cultivation Electrical wiring Electrical switches and fuses Power lines

510. 511. 512. 513. 514. 515. 516. 517. 518.

Opening of containers Repairs to magazines Magazines and boxes to be kept clean Deterioration of explosives Destruction by order Loitering prohibited Responsibility for magazines and boxes Magazines and boxes to be kept locked Inspection

519. Nitro-compound explosives, detonating fuses and blasting agents may be stored together 520. 521. Detonators stored apart Limitations on contents of magazines and boxes

522. Exhibition and cancellation of licences, authorisations and sanctions 523. 524. 525. 526. 527. 528. 529. 530. 531. 532. 533. 534. 535. 536. 537. 538. 539. 540. Permission of local authority Safety distances Plans to be approved Mounds Fencing Warning notices Persons entering fenced areas New construction Security guards Licensed magazines: General conditions Licensed magazine to be a substantial building Licensed magazine: Construction requirements Licensed magazine: Equipment requirements Licensed magazine: Manner of storing explosives Licensed magazine: Lightning protection Licensed magazine: Inspection of lightning protection system Authorised magazines: General conditions Authorised boxes: General conditions

541. 542. 543. 544. 545. 546. 547.

Storage of explosives underground Sanctioned magazines: General conditions Underground storage boxes: General conditions Location of underground storage boxes Register of underground storage boxes Explosives to be used within six months Notification of closure of magazine

PART VI IMPORTATION, EXPORTATION, SALE PURCHASE ACQUISITION

601. 602. 603. 604. 605. 606. 607. Application Importation and exportation to be authorised Explosives in transit through the Republic Persons under twenty-one years Permit to purchase, acquire and possess: Procedure Open permits: General conditions Employee may possess explosives

PART VII UNLAWFUL POSSESSION, HIDING AND ABANDONING OF EXPLOSIVES

701. 702. 703. 704. Theft or loss of explosives to be reported Secretion and abandonment of explosives Tampering with locks of magazines and storage boxes Explosives not to be taken away

PART VIII USE OF EXPLOSIVES

801. 802. 803. 804. 805. 806. 807. 808. 809. 810. 811. 812. 813. 814. 815. 816. 817. 818. 819. 820. 821. 822. 823. 824. Application Blasting licence holder to carry out blasting Blasting operations at night Blasting licence Suspension of blasting licence Cancellation of blasting licence Employer to retain blasting licence Blasting licence not transferable Blasting licence to be signed Replacement of blasting licence Fastening detonator to fuse Primer cartridges Position of primer cartridge Primer cartridges not to be stored Blown out explosives not to be used again Opening cases of explosives Wrappers not to be removed Explosives not to be forced into holes Explosives not to be removed from holes Tamping No tamping between cartridges Tamping rods Tamping not to be removed Plugs

825. Pumping of misfired holes containing electric detonators prohibited 826. 827. Distance of drilling from misfired holes Deepening of holes that have contained explosives forbidden

828. 829. 830. 831. 832. 833. 834. 835. 836. 837. 838. 839. 840. 841. 842. 843. 844. 845. 846. 847. 848. 849. 850. 851. 852.

Distance of drilling from sockets Marking of position of holes Making safe misfired holes Primary blasting schedules Control of secondary blasting Duties of blasting licence holder Electrical blasting Blasting cables Duties of person in charge Preparation of face Connection between two places Provision for whistles Pre-charging Charging of pre-charged holes Pre-charged holes to be plugged Plugs not to be removed Inspection of pre-charged holes Holes in open cast workings Storage and transportation of explosives Protection of blasting agents Pneumatic charging Pneumatic equipment to be approved Resistance to hoses Duties of guards Prohibition, welding machine and electric detonators

PART IX MACHINERY
901. 902. Application Interpretation

903. 904. 905. 906. 907. 908. 909. 910. 911. 912. 913. 914. 915. 916. 917. 918. 919. 920. 921. 922. 923. 924. 925. 926. 927. 928. 929. 930. 931. 932. 933. 934.

Suitability of machines Provision of guards Charge of machinery Precautions for belt-driven machinery No loose clothing or long hair near machinery Provisions of goggles, face masks or screens Precautions when machinery started Crossing or riding on conveyors Audible warning device for lifting appliance Stability of lifting appliance Ballasting diagram for lifting apparatus Passageway to be provided Erection of lifting appliances Safe loads and identification marks Automatic indicator or tables Provision for chain or wire rope Securing of chain or rope No suspension from unattended appliance Efficient brakes to hold load Suitable controls Persons not to ride except on platform Safety factor for lifting appliance No appliance to be loaded beyond safe load Inspection before use Competent person only to operate lifting appliance Distinct signals to be given Provisions for platform Suitability of track upon which lifting appliance moves Brakes on travelling mechanism of lifting appliance No person to work on lifting appliance Load to be secured Containers to be designed to prevent spillage

935. 936. 937. 938. 939. 940. 941.

Record to be kept Provisions for all lifting gear Provisions for hooks Annealing of chains and lifting gear Testing of chains, and examination of wire rope slings Platforms, etc., becoming slippery Use of impaired rope prohibited

PART X STEAM BOILERS, STEAM CONTAINERS AND STEAM AND AIR RECEIVERS
1001. 1002. 1003. 1004. 1005. 1006. 1007. 1008. 1009. 1010. 1011. 1012. 1013. 1014. 1015. 1016. 1017. 1018. Application Interpretation Standards of construction Requirements for boilers Safety valves for boilers Provision of stop valves Pressure gauges for boilers Feed water Water levels Blow down valves Pipes and fittings not to be screwed into shell Steam receiver modification Blowing down of boilers Conditions before cleaning boilers Examination of boilers Examination of hydraulic pressure Reduction of maximum working pressure Record of particulars and information on boilers

1019. 1020. 1021. 1022. 1023. 1024. 1025. 1026. 1209. 1210. 1211. 1212. 1213. 1214. 1215. 1216. 1217. 1218. 1219. 1220. 1221. 1222. safety

Safety valves for evaporators Regulations not applicable to evaporators Particulars to be shown on air receivers Examination and testing of air receivers Mounting of air receivers Safety valves for air receivers Pressure gauges for air receivers Drain valves No overloading of scaffolds Provisions for platforms Planking, guard-rails and toe-boards on platforms Openings left in roofs or floors Working on sloping surfaces Protection for persons on roof Gangways and runs Guard-rails for gangways, etc. Platforms, etc., to be unobstructed Competent person to be in charge of demolition Precautions to be taken during demolitions No overloading of floors, etc. Removing steelwork When any working place becomes permanent, provisions for

PART XIII ELECTRICITY

1301. 1302. 1303. 1304. 1305. Application Interpretation Notice of introduction of electricity Installation Plans and diagrams to be kept

1306. 1307. 1308. 1309. 1310. 1311. 1312. 1313. 1314. 1315. 1316. 1317. 1318. 1319. 1320.

Main switchgear for controlling the supply of electricity Housing of apparatus Suitability of apparatus Protection of person and apparatus Inspection, examination and testing of apparatus No person to wilfully damage apparatus Insulation Earthing Cables Flexible cables Blasting cables Switchgear and electrical joints and connections Notices Precautions and offences Competent person to be available

PART XIV PETROL AND FUEL OIL STORAGE

1401. 1402. 1403. 1404. 1405. 1406. 1407. 1408. 1409. 1410. 1411. Application Interpretation Vehicles to be replenished at filling stations Quantities of fuel which may be stored Fuel storage tanks Suitable storage tanks Placing of metal pipe Conditions for taking petrol or fuel Suitable containers Mobile containers to be earthed Removal of contaminated material

1412. 1413. stations

No smoking or naked lights Competent person to be in charge of storage and filling

PART XV TRANSPORT AND TRAMMING BY VEHICLES

1501. 1502. 1503. Application Interpretation Specification for vehicles

1504. Driver to ensure that vehicle has necessary safety requirements 1505. 1506. 1507. 1508. 1509. 1510. 1511. 1512. 1513. 1514. Fire extinguishers Speed indicator Vehicle not to be left unattended Drivers to have unobstructed view Vehicle to be of non-flammable material Scheme for inspection of vehicles Workshops Control of gases Offences in connection with vehicles No riding unless accommodation

PART XVI HEALTH, SAFETY AND WELFARE

1601. 1602. Application Effluent water

1603. 1604. 1605. 1606. 1607. 1608. 1609. 1610. 1611.

Flammable materials Welding operations Latrine accommodation Labour returns Change house accommodation Responsibility for protective clothing Responsibility for protective equipment Permitted articles in danger areas Employment of persons

FIRST SCHEDULE-Classes of explosives SECOND SCHEDULE-Safety distances from magazines (in metres) THIRD SCHEDULE-Prescribed forms FOURTH SCHEDULE-Distances for National AM Broadcast Transmitters in 0.5 to 1.6 MHz range FIFTH SCHEDULE-Authorised explosives SECTION 18-THE EXPLOSIVES REGULATIONS Regulations by the Minister
Statutory Instrument 71 of 1974 74 of 1974 72 of 1979 Act No. 13 of 1994

PART I PRELIMINARY AND GENERAL

101. 102. These Regulations may be cited as the Explosives Regulations. In these Regulations, unless the context otherwise requiresTitle

Interpretation

"ammonium nitrate" means ammonium nitrate containing less than ten per centum inert material as a diluent; "approval" means written approval of the Chief Inspector; "approved" means approved in writing by the Chief Inspector; "blasting agent" has the meaning assigned thereto in the First Schedule; "blasting licence holder" means a person who holds a valid blasting licence issued in Zambia in accordance with the provisions of these Regulations; "charged up area" has the meaning assigned thereto in regulation 833; "competent person" means any person who, in relation to any duty or function, has had adequate training and experience so as to enable him to perform such duty or function without avoidable danger to himself or to any other person; "danger area" has the meaning assigned thereto in regulation 208; "danger building" has the meaning assigned thereto in regulation 214; "dangerous goods" has the meaning assigned thereto in the Inland Waters Shipping (Dangerous Goods) Regulations and in the Railways (Handling and Transportation of Explosives and other Dangerous Goods) Regulations; "hang-up" means a blockage of an ore or waste pass, chute or draw-point by rock or other material; "hole" means any hole drilled in rock for the purpose of containing explosives; "magazine" means any building or structure licensed, authorised or sanctioned under these Regulations for the storage of explosives; "misfired hole" means a hole in which the explosives or any portion thereof have failed to explode; Cap. 466 Cap. 453

"nitro-compound explosives" has the meaning assigned thereto in the First Schedule; "on site" means at any mine or works; "open cast working" means any working beneath the original surface of the ground excluding underground but not including any trench, pit or any other like working; "precharged area" means any part of a mine or works in which precharged holes are located; "precharged hole" means a hole charged with explosives which is not to be detonated during the shift in which it is charged; "primary blasting" means the act of detonating holes charged with explosives for the purpose of fragmenting virgin ground at any mine or works; "public service vehicle" has the meaning assigned thereto in section two Cap. 464 of the Roads and Road Traffic Act; "rail truck load" means the maximum permitted quantity of explosives which may be transported in an approved rail truck; "re-entry period" means the period of time specified by the manager during which no person shall enter any working place after any primary or secondary blast has been detonated therein; "road" has the meaning assigned to that word in section two of the Roads Cap. 464 and Road Traffic Act; "road vehicle" means any vehicle capable of and designed for being used on any road; "safe loading bay" means a duly approved bay where explosives are loaded or unloaded into or out of any rail truck approved for transporting explosives; "secondary blasting" means any blast other than a primary blast and

shall include the fragmenting of large rocks, the blasting of hang-ups, sockets or hitches and the reblasting of misfired holes and any blasting to make a place safe; "socket" means a hole or part of a hole remaining after being charged with explosives and detonated which is not known to be a misfired hole; "special explosives train" has the meaning assigned thereto in regulation 362; "underground" means any working beneath the surface of the ground access to which is by means of a ramp, adit, raise, shaft, tunnel or winze, but does not include open cast workings; "vessel" includes every description of water craft used or capable of being used as a means of transportation on water. 103. (1) Every operation involving explosives at any mine, explosives Duties of owner factory or works shall be under the control, supervision and direction of and a holder who shall be appointed by the owner. appointment of holder (2) Every owner shall at the holder's request provide the necessary means to the holder for observing and enforcing the provisions of these Regulations and any owner who refuses or fails to do so shall be guilty of an offence. (3) No owner shall appoint himself to be the holder except with the prior approval of the Chief Inspector. (4) The owner shall not appoint any person to be the holder unless such person is suitably qualified or has had adequate experience acceptable to the Chief Inspector in the capacity to which he is to be appointed and such person shall be readily available to control, at all times, any operation involving explosives undertaken at any mine, explosives factory or works at which he is so appointed: Provided that, with the prior approval of the Chief Inspector, a person may be appointed to be the holder if the operation involving explosives can be safely undertaken by another person working under such holder,

who is suitably qualified or experienced but in such an event the holder shall not be relieved of his responsibilities under these Regulations. (5) Where an owner is absent from the Republic he shall appoint some other person to be his representative during such absence and such other person shall be deemed to be the owner for the purpose of these Regulations. (6) Any appointment made in accordance with this regulation may be cancelled at any time by the owner. (7) A copy of every appointment and cancellation made in accordance with this regulation shall forthwith be forwarded to the Chief Inspector. 104. Every holder shall take all reasonable steps to ensure that the provisions of these Regulations are observed and enforced and any holder who fails to do so is guilty of an offence: Provided that this regulation shall not apply where the holder can prove that he took all reasonable steps for the observance and enforcement of these Regulations. 105. (1) The holder may appoint in writing one competent person to Appointment of assist him in the control, supervision and direction of any operation person to assist involving explosives at the mine, explosives factory or works and such holder person shall have the same responsibilities under these Regulations as the holder and the letter of appointment shall specify the responsibilities of such person, but such appointment shall not be taken to relieve the holder of his personal responsibilities under these Regulations. (2) Where, owing to absence or inability to act from illness or other cause, the holder is unable to exercise and perform the duties of his office for any period in excess of three days, the person appointed to assist him in accordance with sub-regulation (1) shall immediately assume all the responsibilities and duties of the holder who shall then be relieved of his personal responsibility under these Regulations: Provided that, if the holder is absent from the mine, explosives factory or works, such person shall not carry out the duties of the holder for Holder to enforce Regulations

more than three months. (3) Where no person has been appointed in accordance with sub-regulation (1), and the holder, owing to absence or inability to act from illness or other cause, is unable to exercise and perform the duties of his office for any period in excess of three days, such holder shall appoint a competent person to act as holder during the period of absence and thereupon all the responsibilities and duties of the holder shall devolve upon the person so acting as holder: Provided that, if the holder is absent from the mine, explosives factory or works, such person shall not carry out the duties of the holder for more than three months. 106. (1) The holder may, in addition to any person appointed by him in Appointment of accordance with sub-regulations (1) and (3) of regulation 105, appoint other persons to assist holder in writing such other competent persons as he may deem necessary to assist him in the control, supervision or direction of any operation involving explosives at the mine, explosives factory or works; any person so appointed shall have the same responsibilities for the mine, explosives factory or works under his control, supervision or direction as the holder has under these Regulations, but any such appointment shall not be taken to relieve the holder of his personal responsibilities under these Regulations. (2) The Chief Inspector may require the appointment of more than one competent person under sub-regulation (1) if, in his opinion, it is necessary so to do. 107. (1) A copy of every appointment made in accordance with regulation 105 or 106 shall forthwith be forwarded to the Chief Inspector. Notice of appointments and cancellations

(2) An appointment made in accordance with regulation 105 or 106 may at any time be cancelled by the holder. (3) A copy of every cancellation made in accordance with sub-regulation (2) shall forthwith be forwarded to the Chief Inspector.

(4) Every letter of appointment referred to in regulation 103, 105 or 106 shall be countersigned by the person so appointed signifying his acceptance of the appointment, and no appointment shall be effective until so countersigned and dated. 108. (1) Where the competent person appointed in terms of sub-regulation (1) of regulation 106 is of the status of superintendent such competent person may, if he has been specifically so authorised in his letter of appointment, appoint in writing, within the limits of his professional competency, one or more persons who are suitably qualified or have had adequate and suitable experience in the capacity to which they are appointed to assist him in the control, supervision and direction of any operation involving explosives in the mine, explosives factory or works under his control, supervision or direction, and every such person shall have the same responsibility under these Regulations as the competent person who appointed him but only to the extent specified in his letter of appointment; any such appointment shall not relieve the competent person making the appointment of his personal responsibilities under these Regulations. (2) A copy of every letter of appointment made in accordance with sub-regulation (1) shall be kept at the office of the person making such appointment. (3) Every letter of appointment made in accordance with sub-regulation (1) shall be countersigned and dated by the person so appointed signifying his acceptance of the appointment, and no appointment shall be effective until so countersigned and dated. 109. (1) The holder shall maintain a record of any disciplinary action Record and taken under section seven of the Act and shall forthwith forward a copy reporting of of such record to the Chief Inspector. breaches of Regulations (2) Any breach of these Regulations which has not been dealt with under section seven of the Act shall be reported in writing by the holder to the Chief Inspector not later than the fifteenth day of the month following the month during which the breach took place. Appointments of other competent persons

110. Any person who fails to comply with the directions issued by an Inspector of Explosives, Inspector of Mines or an Inspector of Machinery and any person who knowingly furnishes or causes any other person to furnish any false particular in any account, survey, statement or report called for by such an Inspector under these Regulations shall be guilty of an offence.

Failure to comply with Inspector's directions

111. (1) Where any person admits to an Inspector of Explosives, Summary Inspector of Mines or Inspector of Machinery or to an authorised official penalties that he has contravened any of these Regulations, such person shall sign an admission of the contravention in question in the Form 17 in the Third Schedule and thereupon such admission shall be irrevocable. (2) After obtaining admission of the contravention referred to in sub-regulation (1), the Inspector concerned may impose a fine upon such person in a sum not exceeding five hundred penalty units in respect of each of the contraventions for which such admission has been signed. (3) After obtaining admission out of the contravention referred to in sub-regulation (1), the authorised official may impose a fine on such person in a sum not exceeding one hundred penalty units in respect of each of the contraventions for which such admission has been signed: Provided that(i) the authorised official cannot impose a fine upon himself;

(ii) the authorised official imposing the fine shall forward to the Chief Inspector a true copy of the admission together with an endorsement thereon duly signed by him showing the amount of the fine so imposed; (iii) the Chief Inspector may at any time by a written notice to any authorised official, withdraw the authority of such official to impose a fine under this sub-regulation; (iv) the authorised official shall not have power to impose a fine where the contravention results in the death of or serious bodily injury to any person.

(4) The Inspector or authorised official shall, on receiving payment of any summary fine imposed under sub-regulation (2) or (3), as the case may be, give a receipt therefor in the Form 18 in the Third Schedule. (5) Any person who has been given time to pay any fine imposed under sub-regulation (2) or (3) may authorise the holder to deduct the amount of such fine from any wages due or which may become due to him; such authorisation shall be made on the Form 18 in the Third Schedule. (6) The holder after deducting the amount of the fine due shall give a receipt in the Form 18 in the Third Schedule, and shall remit such amount to the Chief Inspector who shall pay such amount into the general revenues of the Republic. (7) The payment of a fine in respect of any contravention shall operate as a bar to any further proceedings being brought in respect of or arising from such contravention against any person who has paid the fine. (8) Any fine imposed under sub-regulation (2) or (3) shall, in the event of non-payment, be treated and recoverable, for all intents and purposes, as a civil debt. (As amended by Act No. 13 of 1994) 112. Any person who notices, knows or learns about any danger or anything which is dangerous or is likely to be or become dangerous or cause danger of any kind to any person or anything at a mine or explosives factory or during any operation involving explosives at a works, shall either remove, remedy or repair such danger or thing immediately upon his noticing, knowing or learning about the same, and if he is unable to do so on account of lack of knowledge thereabout or for any other reason, he shall forthwith report the matter to a person in authority who shall take immediate steps to rectify the same. 113. No person shallPersons observing, knowing or hearing of danger

Illegal acts

(a) fail to observe any order given to him under these Regulations or in the interests of safety or health; (b) ignore, damage, deface or remove any sign, notice, barricade, warning flag or other measure provided for the safety of any person:

Provided that such measures may be removed for the purposes of maintenance or repair after suitable precautions have been taken; (c) omit to do any act which it is his duty to do in accordance with the provisions of these Regulations; (d) omit to do any act, the omission of which endangers or is likely to endanger the safety or health of any person; (e) commit any act which endangers or is likely to endanger the safety or health of any person. 114. A copy of the Act and of these Regulations shall be issued to each employee who, in the opinion of the holder, is required by virtue of his employment to have specific knowledge of them and for such issue the employee shall sign a receipt which shall be retained by the holder. Copies of Regulations to be supplied where applicable Precautions when using, storing, etc., explosives

115. (1) Every person engaged in the use, storage, manufacture, transportation or handling of explosives, and those engaged in charging or blasting operations shall take all due precautions for the prevention of an accident or incident by fire, explosion or concussion and for preventing any unauthorised person from having access to explosives, charged up areas or precharged areas. (2) No person shall smoke or have a naked light or allow any person subordinate to him to smoke or have a naked light in any place where such smoking or light could constitute a fire hazard or danger to any explosives.

116. (1) Where any mine or explosives factory is to be closed down for Closure of an indefinite period, or permanently, the manager or holder shall give at mine, factory or least one month's written notice of such intention to close down to the works Chief Inspector. (2) All explosives shall be removed from any mine or explosives factory which has closed down and shall be disposed of in such manner and within such time as may be approved by the Chief Inspector. (3) Where any works closes down for an indefinite period, or permanently, the holder shall cause all explosives to be removed from such works and shall within fourteen days give a written notice of such

removal to the Chief Inspector. 117. The electrical wiring in any licensed magazine, danger building, mixing house and any building used for the storage of ammonium nitrate or blasting agents shall conform to the requirements of Central African Standard Number CC1 of 1996. 118. (1) Every licensed magazine, danger building, mixing house and any building used for the storage of blasting agents shall be provided with a lightning protection system in accordance with Central African Standard Number CC2 of 1967. (2) Such system shall be thoroughly examined and tested at least once a year not earlier than the 1st July nor later than the 30th September. The results and dates of such examinations and tests shall be recorded in the magazine register by the competent person carrying out such examinations and tests. 119. (1) On the approach of a thunderstorm within the vicinity of any Thunderstorms and loading loading operation involving explosives, into or out of any vessel, road vehicle, rail truck, aircraft, conveyance, magazine or safe loading bay, it operations shall be the responsibility of the blasting licence holder in charge of such operation, or where a more senior official is in charge, such official shall decide whether or not such thunderstorm constitutes a danger to such operation, but all of the above mentioned operations shall cease when the interval of time between the lightning-flash and the thunder-clap becomes less than ten seconds. (2) If in the event of either of the above mentioned persons deciding that such thunderstorm constitutes a danger to such operation, such operation shall immediately cease and all persons shall be withdrawn to a safe place: Provided that before any withdrawal takes place, such person shall ensure that any explosives are adequately protected against any possibility of being affected by water. 120. On the approach of or during a thunderstorm, the blasting licence Thunderstorms holder in charge of any charging or blasting operation on the surface and blasting Electrical wiring

Lightning protection system

shall suspend such operation and no person shall remain or be caused or operations be permitted to remain within any area where he may be injured by the accidental detonation of explosives. 121. The manager or holder of any mine or works shall ensure that adequate precautions are taken, as far as is reasonably practicable, to prevent, where electric detonators are used underground, the accidental detonation of any explosives. Precautions when using electric detonators underground Radio transmitters and carrying of electric detonators

122. (1) Where any vessel, road vehicle or rail truck is transporting electric detonators, such detonators shall only be carried in unopened boxes of origin in an explosives compartment constructed of steel or sheet metal lined internally with wood and, where such compartment is not constructed of steel or sheet metal, in an approved metal container. (2) Where any vessel, road vehicle or train carrying electric detonators is equipped with a radio transmitter, no transmission shall take place from such transmitter when such detonators are being loaded into or unloaded from the compartment or container required to be provided by sub-regulation (1). 123. When electric detonators are being conveyed through any shaft, the use of any radio transmitter in such shaft shall be prohibited.

Conveyance of electric detonators Radio transmission when electric detonators are being charged and blasted

124. The manager shall ensure, where any charging or blasting operation is being carried out involving the use of electric detonators, that radio transmitters shall only be operated outside those distances shown in the Fourth Schedule when such detonators are in the charging or blasting area.

125. Any magazine or box in which electric detonators are stored shall Safety distances only be located outside of those distances set out in the Fourth Schedule. for magazines and boxes when storing electric detonators

126. Every person at any mine or explosives factory and every person Orderly engaged in operations involving explosives at a works shall behave in an behaviour orderly manner. 127. Radio transmitters shall not be used underground at any mine or works except with the prior approval of the Chief Inspector. Prohibition against radio transmitters underground

Complaints by 128. If any person at an explosives factory or that part of a works where explosives are being used complains to the person in charge of his persons working place or any other official that such working place is dangerous, such person in charge or other official shall take immediate steps consistent with safety to confirm such danger, and then if it is so confirmed, take immediate steps to rectify such danger or prevent access to such working place. 129. (1) No person who has been pronounced medically unfit or who, Persons to be fit in the opinion of any official or other responsible person, is in any other condition which may render or be likely to render him incapable of ensuring the safety and welfare of himself or any other person shall be or be allowed to be in or about any part of a works where operations involving explosives are being carried out. (2) No person shall take, consume or have in his possession any intoxicating liquor while he is in or on that part of any works where operations involving explosives are being carried on unless he has received the prior permission of the manager or holder: Provided that where any intoxicating liquor is in transit and is not removed from the vehicle in which it is being transported this sub-regulation shall not apply. 130. (1) The holder at any works shall ensure that, on the form prescribed in sub-regulation (5), he shall give notice of any accident caused by or on account of the presence of explosives specified in sub-regulation (2) and that an inspector shall be immediately informed, by the quickest means available, of any such accident. Reporting of accidents at works

(2) The accidents of which notice is required to be given are those(a) involving the death of any person;

(b) in which the injuries sustained by any person are so serious that it is possible that they may prove fatal. (3) In the case of death, the holder shall ensure that the police are notified immediately by the quickest means possible. (4) The holder shall ensure that, on the form prescribed in sub-regulation (5), notice is given to the Chief Inspector of any accident caused by or on account of the presence of explosives in which any person injured thereby is incapacitated from performing his usual work for more than three days, excluding the day of the accident but including weekends or public holidays. (5) The notice required to be given by sub-regulation (2) or (4) shall be in the Form 19 as set out in the Third Schedule; the completed form shall be despatched so as to arrive at the office of the Chief Inspector not later than twenty-one days from the date of the accident. 131. (1) In addition to the requirements of sub-regulation (3) of Injury resulting regulation 130, where any injury results in the death of any person after in death notice has been given in accordance with regulation 130, or when any injury of which no notice was given results in the death of the injured person, the holder shall cause notice thereof to be given to the Chief Inspector. (2) Where any injury results in the death of any person within twenty-four hours of the occurrence of the accident causing the injury, the place where the accident occurred shall not be disturbed or altered before the arrival of, or without the consent of, an Inspector of Explosives unless such interference is unavoidable to prevent further accidents, to remove dead bodies or to rescue persons from danger: Provided that this regulation shall not apply to any place where any delay would seriously affect the safe working of the works, or if the inspector fails to visit the place within three days of such inspector being

informed of the occurrence of such death. 132. Whether or not personal injury is caused by the accidental ignition or detonation of explosives or any accident involving explosives the holder at any works shall ensure that such accident is reported to the Chief Inspector within twenty-four hours of its occurrence and that such report, if not made in writing, is forthwith confirmed in writing. 133. Notwithstanding the provisions of these Regulations an Inspector of Explosives may, if he deems fit, issue free of charge any licence, authorisation or sanction to replace a licence, authorisation or sanction which has been lost, destroyed or damaged. Accidental ignition of explosives at works

Free replacement licence, authorisation or sanction

134. The Minister may, from time to time, exempt from the operation Minister's power to of these Regulations or from any provisions thereof any mine, explosives factory or works or part thereof for such period and under exempt such conditions as he may think fit. 135. Whenever the circumstances at any mine, explosives factory or works are such as to render any provisions of these Regulations inapplicable or unduly onerous to such mine, explosives factory or works, or whenever it is necessary for the purpose of carrying out experiments or tests as to the expediency of any regulation or proposed regulation, the Chief Inspector may grant written exemption from such provisions under such conditions as he may determine. 136. (1) The Explosives Regulations, Chapter 102 of the Revised Edition, are hereby revoked. (2) Notwithstanding the provisions of sub-regulation (1), any exemption, rule, notice, instruction, prohibition, authority, permission, certificate or document made, issued, given or granted and any other action taken, under any provision of any regulation revoked by sub-regulation (1), shall be deemed to have been made, issued, given, granted or taken under these Regulations unless specifically cancelled in writing by the Chief Inspector. Chief Inspector's power to exempt

Revocation and saving

137. Except where otherwise provided in the Act or in these Penalties Regulations, any person who contravenes, aids or abets the contravention of any of these Regulations or fails to comply with any order given or direction made under the Act shall be guilty of an offence and shall be liable on conviction to a fine not exceeding four thousand penalty units or to imprisonment for a term not exceeding twelve months, or to both. (As amended by Act No. 13 of 1994)

PART II MANUFACTURE OF EXPLOSIVES

201. (1) No explosives shall be manufactured except in accordance with the regulations contained in this Part. (2) For the avoidance of doubt, it is hereby declared that(a) Appendix 1 hereto comprises regulations applicable to the manufacture of all classes of explosives for sale commercially; (b) notwithstanding the provisions of Appendix 1, Appendix 2 hereto comprises regulations applicable to the manufacture of blasting agents for sale commercially; (c) Appendix 3 hereto comprises regulations applicable to the manufacture of blasting agents on site; (d) Appendix 4 hereto comprises regulations applicable to the storage of ammonium nitrate; (e) Appendix 5 hereto comprises regulations applicable to the manufacture of all explosives. 202. (1) Every licence to manufacture explosives for sale commercially Licence to shall be issued by the Chief Inspector in the Form 3 set out in the Third manufacture
Prohibition of manufacture

Schedule, and he may, at the time of issuing such licence, impose such conditions as he may deem fit. (2) Every licence to manufacture any blasting agent on site shall be issued by the Chief Inspector in the Form 4 set out in the Third Schedule, and he may, at the time of issuing such licence, impose such conditions as he may deem fit. (3) It shall be an offence under these Regulations to manufacture explosives without a licence. (4) Any licence issued in accordance with sub-regulation (1) or (2) shall not be transferable. (5) The fee payable in respect of such licences shall be as follows: (a) in the case of a licence specified in sub-regulation (1), one thousand fee units; (b) in the case of a licence specified in sub-regulation (2), one hundred fee units. (6) The duplicate or a photostat copy of any licence issued in accordance with this regulation shall be posted in the office of the holder or manager behind glass or other suitable transparent material in such a position as to be at all times clearly visible. (As amended by Act No. 13 of 1994)

explosives

203. An explosives factory may be established and maintained only in Establishment accordance with the provisions of the Act and the Regulations made of an explosives thereunder. factory 204. (1) Detailed plans, specifications and site plans of any proposed Plans, explosives factory shall be submitted in duplicate to the Chief Inspector specifications for his approval before any construction of any such proposed and site plans explosives factory is commenced or carried out.

(2) Where any alteration, modification, addition or extension of an explosives factory is necessary, detailed plans of such alteration, modification, addition or extension shall be submitted in duplicate to the Chief Inspector for his approval before any such alteration, modification, addition or extension is commenced or carried out. 205. The tables of distances set out in the Second and Fourth Schedules shall form the basis on which any application to establish an explosives factory may be considered. Tables of distances

206. (1) When an explosives factory has been constructed in Conditions of accordance with the plans approved by the Chief Inspector he may issue issue of licence a licence to manufacture explosives in the Form 3 set out in the Third Schedule. (2) The conditions prescribed on the licence to manufacture shall be duly observed and the manufacture or any work connected with such manufacture shall not be carried on except in accordance with such conditions: Provided that the Chief Inspector may make any change in such conditions if he deems such change to be necessary or desirable. 207 (1) The manager shall, in accordance with the requirements of Special rules section ten of the Act, make special rules which shall not be inconsistent with these Regulations and shall provide for(a) the processes and procedures undertaken in the explosives factory; (b) the safety and proper discipline of every person employed in such explosives factory; and (c) the measures or precautions to be taken for the prevention of accidents. (2) Such special rules shall be submitted to the Minister for his approval and if he considers any special rule to be unreasonable, unnecessary or

otherwise undesirable he shall disallow it or require it to be altered. (3) Special rules approved by the Minister shall have the same force and effect as these Regulations, and any person who contravenes or fails to comply with any such special rule shall be guilty of an offence under these Regulations. (4) A copy of such special rules shall be issued to each employee who in the opinion of the manager is required by virtue of his employment to have specific knowledge of them and for such issue the employee shall sign a receipt which shall be retained by the manager.

Appendix I
208. In every explosives factory the explosives manufacturing and storage areas and so much of the land surrounding as shall be shown on the official factory site plan shall be fenced and every such area shall be known as a danger area. Fencing of manufacturing and storage areas

209. The manager shall provide sufficient and suitable fencing around Specifications every danger area and such fencing shall be constructed to the following of fencing specifications: (a) fence posts shall be of steel or concrete; (b) the mesh of such fence shall be of a suitable size and be of a substantial gauge; (c) the fence shall be a minimum of two point five metres in height; (d) an approved padlock or lever type lock shall be used to secure the entry gate. 210. (1) The manager shall provide sufficient number of suitably Provision of trained persons to act as searchers at every entrance to any danger area: and offences by searchers Provided that if in accordance with the Protected Places and Areas Act Cap. 125 the President or the Minister requires other or further steps to be taken the manager shall take such other or further steps as may be required by the President or the Minister.

(2) Any person employed as a searcher by the manager at any explosives factory who during his period of duty(a) disobeys any instruction or order given to him by a person in authority or fails to carry out any duty allotted to him; or (b) leaves his post or the area assigned to him without the permission of a person in authority; or (c) permits any unauthorised person to enter any danger area;

shall be guilty of an offence under these Regulations. 211. (1) Entrance into any danger area shall be only through a gate specified by the manager and any person entering or whilst in any danger area shall submit to being searched by the persons appointed by the manager to be searchers in accordance with sub-regulation (1) of regulation 210. (2) Any vehicle, trolley, tractor or other receptacle entering any danger area may be searched by the searchers. (3) A record shall be kept of every person, vehicle, trolley, tractor or other receptacle, entering or leaving any danger area together with the time of entry and the time of departure. 212. The following acts and each of them shall constitute an offence under these Regulations, that is to say: Conditions to be observed in (a) any person refusing to submit to or permit any search as required danger area by sub-regulation (1) or (2) of regulation 211 shall be guilty of an offence against these Regulations, and such person shall not be allowed to enter into any danger area; (b) any person within any danger area who fails to comply promptly with any lawful order given to him by any person in authority shall be guilty of an offence against these Regulations; (c) no person shall be or be allowed to remain in any part of any danger area who has been pronounced medically unfit or who in the opinion of a responsible official of the factory is in any other condition which may render or be likely to render him incapable of ensuring the Entrances to danger areas

safety and welfare of himself or any other person; (d) no person shall take or attempt to take intoxicating liquor or drugs into any danger area or, while under the influence of intoxicating liquor or drugs, enter or attempt to enter such danger area and any person who may have entered such danger area or is found in such danger area in a state of intoxication or under the influence of drugs shall be apprehended immediately by the manager or any person appointed by the manager and such person shall be deemed to be guilty of an offence against these Regulations: Provided that alcohol used for authorised purposes may be taken into any danger area; (e) no person shall smoke nor shall any person take or attempt to take any smoking material or any article designed or adapted to produce a naked flame or spark into any danger area except as allowed by the special rules made under the Act or these Regulations; (f) any unauthorised person found within any danger area shall be guilty of an offence under these Regulations. 213. Every search made in accordance with sub-regulation (1) of regulation 211 shall be made in the following manner, that is to say: (a) the search shall only be made by a searcher appointed by the manager; (b) the search shall be made in the presence of not less than one other person; (c) in making the search the searcher shall cause to the person being searched no more inconvenience than may be necessary for the purpose of making an efficient search; (d) the searcher shall search for, besides explosives, any article designed or adapted to produce a naked flame or spark, by handling the clothing of the person being searched, including the inside of any pockets, and if after so doing, he has reason to believe or suspect that any such article is in the possession of such person, examine such clothing; (e) for the purposes of this regulation, the searcher shall be entitled to search every other article which such person possesses at the time of the search. Manner of searching

214. (1) In every danger area any building used for or associated with Authorisation the manufacture of explosives shall be shown on the official factory site of danger plan and each such building shall be known as a danger building. buildings (2) Every danger building in any explosives factory shall be authorised for the function specified in the Form 13 set out in the Third Schedule, and the Chief Inspector may, at the time of such authorisation, impose such conditions as he may deem fit. (3) The authorisation for any danger building shall show(a) the quantity of explosives or other materials permitted to be or to remain in such building; (b) the operations to be carried on therein;

(c) the maximum number of persons permitted therein at any one time. (4) Every danger building shall be identified by the code number assigned to it on the official factory site plan and such identification shall be displayed on the outside of the building, close to the door, in a conspicuous place and position. (5) Every danger building shall only be used in accordance with the authorisation referred to in sub-regulation (2). (6) Every danger building shall be maintained in good order. (7) The fee in respect of the said authorisation shall be one hundred fee units. (As amended by Act No. 13 of 1994) 215. Inside every danger building there shall at all times be affixed in a Documents to conspicuous place and positionbe exhibited in danger building (a) the duplicate or a photostat copy of the original of the

authorisation for such building; (b) a copy of the special rules which apply to such building; (c) a copy of any other conditions which the Chief Inspector may require; (d) a list of tools and implements permitted therein. Specifications for danger buildings

216. Every danger building shall comply with the following requirements: (a) (b) (c) (d) the walls and roof shall be constructed of approved materials; the floor shall be constructed of impermeable materials; the walls shall have a smooth finish; any window therein shall be constructed of approved materials;

(e) the table of distances set out in the Second Schedule shall be adhered to; (f) all doors shall open outwards and shall be so placed that the number of persons permitted to be in such danger building by the authorisation can leave the building without hindrance in the event of an emergency; (g) the interior and benches, shelves and fittings therein, other than machinery, shall be so constructed or so lined, covered or treated as to prevent(i) the exposure of any iron or steel which may be a danger to explosives; (ii) the detachment of any iron, steel, grit or similar material.

217. (1) Every tool and implement used in any danger building shall be Permitted tools made of or effectively covered with non-sparking material or any other in danger approved material. buildings (2) No tools other than those shown on the list required under paragraph (d) of regulation 215 shall be permitted in any danger building. 218. (1) The interior, benches, shelves and fittings of any danger building and all movable articles therein shall be kept clean and free from explosives, ingredients, grit and any other extraneous matter or Danger buildings to be kept clean

material. (2) No charcoal, whether ground or otherwise, oiled cotton, oiled rags, oiled waste, or any articles whatever liable to spontaneous ignition shall be taken into any danger building except for the purpose of immediate supply and work, or for immediate use in such building, and upon the cessation of such work or use shall be removed forthwith. 219. Every empty bag or carton shall be shaken out and every trolley or Foreign matter other receptacle shall be examined to ensure that it is free from foreign in danger matter before being filled with explosives or ingredients. buildings 220. Passageways of adequate size shall be provided to all means of ingress to and egress from any danger building and to any platform, stairway, door or porch within such danger building. All such passageways and every platform, stairway, door or porch shall be kept clear. 221. Nothing shall be placed on or near any pipe or surface used for heating in any danger building. Provision of passageways

Prevention of danger from heat Spilled explosives

222. Any explosives or ingredients spilled or dropped and all waste explosives or waste material or article contaminated with explosives shall be deposited in a suitable place or receptacle and disposed of in such manner as shall be specified by the manager.

223. (1) Every ingredient in course of manufacture into explosives that Examination either by itself is possessed of explosive properties, or that when mixed and removal of with any other ingredient or article also present in any danger building is ingredients capable of forming an explosive mixture, or an explosive compound, shall be removed with all due diligence from such building as soon as the authorised process connected with those ingredients that is carried on in such building is completed, and all finished explosives shall with all due diligence be removed to a factory magazine or sent away immediately from the factory, and such explosives and ingredients shall be loaded and unloaded with all due diligence. (2) Wherever danger may arise from foreign matter being present with

the explosives or any ingredient thereof, all ingredients to be made or mixed into explosives shall, before being so made or mixed, be carefully examined, sifted, or otherwise treated for the purpose of removing therefrom or excluding, so far as is practicable, all such dangerous foreign matter. 224. (1) Any floor of a danger building required to be kept clean in accordance with sub-regulation (1) of regulation 218 shall be termed a clean floor and all such clean floors shall be clearly marked with a red line at every place where persons can gain access to such clean floor. (2) Before stepping onto any clean floor in any danger building all persons shall remove their footwear or don authorised clean footwear or overshoes. 225. Any vehicle, truck, or other receptacle in which explosives, or the Specifications for vehicles and partly mixed ingredients thereof, are conveyed, shall be constructed receptacles without any exposed iron or steel in the interior thereof, and shall contain only the explosives and ingredients, and shall be closed or otherwise properly covered over; and the explosives and ingredients shall be so conveyed with all due diligence, and with such precautions and in such manner as will sufficiently guard against any accidental ignition or explosion. 226. Before any danger building is left unattended for more than one Inspection of danger hour, a person appointed by the manager under sub-regulation (1) of regulation 106 shall carry out a thorough inspection, and he shall ensure buildings that all machinery has been stopped, that all ventilating and heating apparatus is in a safe condition and that all lights have been extinguished; and he shall record that such inspection has been carried out. Such record shall at all times be readily available for inspection. 227. In any danger building the person appointed to be in charge of any Duties of plant, machine or apparatus shallperson in charge of (a) before commencing work and after any break during its use danger building inspect such plant, machine or apparatus under his charge; (b) where any defect is found, not start such plant, machine or apparatus, and if the defect is found after it has been started, such plant, machine or apparatus shall be stopped forthwith. In either of the above events, the person in charge shall immediately inform his superior and Clean floors

no such plant, machine or apparatus shall be restarted until such defect has been remedied. 228. Before repairs are done to or in any danger building, such Repairs to or in building shall, so far as is practicable, be cleaned by the removal of all danger explosives and ingredients thereof, whether mixed or otherwise, and, if buildings necessary, by the thorough washing out of the building to or in which repairs are required; such building after being so cleaned, and a certificate of clearance has been issued, shall not be deemed to be a danger building within the meaning of these Regulations until explosives or the ingredients thereof are again taken into such building: Provided that this regulation shall not apply to such routine repairs as may be specified by the manager. 229. Explosives shall not be exposed unnecessarily to the direct rays of Explosives to the sun. be protected from sun

Appendix 2
230. In every explosives factory the mixing houses used for the preparation and the buildings used for the storage of blasting agents shall comply with the safety distances for danger buildings set out in the Second Schedule. Mixing houses for blasting agents to comply with tables of distances Specifications for mixing houses

231. (a) (b) (c)

Every mixing house shallbe of non-combustible construction; have a floor compatible with ammonium nitrate; be adequately ventilated;

(d) be so arranged that stocks of unprocessed ammonium nitrate and processed blasting agents are physically separated from each other and from the area or areas in which mixing or packaging operations are conducted. 232. Every mixing plant in a mixing house shallSpecifications for mixing plant

(a) be so designed as to minimise the possibility of frictional heating, compaction and confinement; (b) have its frame and all other parts electrically bonded together and be earthed; (c) have all bearings and gears protected against accumulations of product dust; (d) be constructed of materials compatible with ammonium nitrate; (e) be constructed so as to prevent the spillage of any ammonium nitrate or blasting agent during mixing operations. 233. Tanks in which fuel oil or other carbonaceous fuels are stored shall be physically separated from the area or areas in which mixing or packaging operations are conducted and a shut-off valve shall be provided immediately adjacent to such tank in the lead off pipe from such tank. 234. Any tank used to store fuel oil shall(a) be buried; or (b) be equipped with a sump below it capable of containing the complete contents of such tank if such tank should rupture. Fuel tanks to be separated from mixing operations

235. No fuel oil with a flash-point lower than fifty-two degrees celsius Fuel tanks to be shall be used in the manufacture of any blasting agents. buried 236. Crude oil and crankcase oil shall not be used in the manufacture of any blasting agent. Prohibited materials

237. Every plant used for the packaging of any blasting agent shall be Materials to be constructed of materials compatible with ammonium nitrate. compatible 238. The floors and equipment of every mixing house shall, as far as is Floors of reasonably practicable, be kept clean. mixing house to be kept clean 239. Bags which previously contained ammonium nitrate may be used Re-use of bags for containing processed blasting agents:

Provided that(i) (ii) they are undamaged; they are contained within an outer bag or a container;

(iii) such outer bag or container is labelled as to its content and weight. 240. Bags which previously contained ammonium nitrate and are damaged shall not be re-used for containing processed blasting agents but shall be burnt or buried. Damaged bags prohibited

241. No flame cutting or any welding operation shall be carried out in Welding in mixing house any mixing house when ammonium nitrate or blasting agents are prohibited contained therein and before any such operation is carried out such mixing house or part thereof shall be washed free of ammonium nitrate or blasting agents. 242. The amount of ammonium nitrate permitted to be taken into any Storage mixing house for processing into a blasting agent shall be sufficient in prohibited in quantity for immediate mixing; the storage of ammonium nitrate in any mixing house mixing house is prohibited. 243. After any processed blasting agent has been packaged it shall be Blasting agent removed forthwith to a blasting agent storage building or a magazine or to be stored removed from the factory. 244. Any trolley or tractor used to convey ammonium nitrate to or processed blasting agents from any mixing house shall be of a type approved by the Chief Inspector and every such trolley or tractor shall be kept clean and maintained in good working order. 245. (1) Processed blasting agents may be stored in either a magazine or a blasting agent storage building. (2) Blasting agents shall only be stored in any magazine in accordance with the conditions of the licence for such magazine. Trolley to be approved

Storage of blasting agents

246. Every storage building used for the storage of blasting agents shall(a) (b) (c) (d) be a one-storey construction; not have a basement; be constructed of non-combustible or fire resistant material; be adequately ventilated.

Specification of storage buildings

247. Every storage building used for the storage of blasting agents shall(a) 532; (b) be licensed in accordance with sub-regulation (1) of regulation be fenced in accordance with regulation 209;

Storage buildings to be licensed

(c) be equipped in accordance with paragraphs (a), (e) and (f) of regulation 535; (d) be kept clean and maintained in good order.

Storage 248. Every storage building used for the storage of blasting agents shall when blasting agents are contained therein be kept securely locked buildings to be kept locked or be under the supervision of a competent person. 249. No cultivation, shrubs or weeds liable to cause danger from fire shall be permitted within ten metres of any mixing house or blasting agent storage building. No cultivation, shrubs or weeds

Appendix 3
250. The mixing of ammonium nitrate and fuel oil by the pouring of Prohibited fuel oil into holes containing ammonium nitrate shall not, at any time, be mixing permitted. 251. All blasting agents manufactured on site shall be used or destroyed on the same day they are manufactured. Blasting agents used or destroyed on day of manufacture

252. No equipment shall be used for the manufacture of blasting agents Equipment of on site unless the design and materials used in the construction of such approved equipment have been approved by the Chief Inspector. design 253. (1) When ingredients are mixed by hand, the implements used shall be of wood or non-sparking materials. (2) Immediately following use, all implements and mixing containers shall be thoroughly washed. 254. Smoking within a distance of four metres of any mixing operation Prohibition shall be prohibited. against smoking 255. The manufacture of blasting agents on site shall be carried out under the direct supervision of a blasting licence holder. 256. The provisions of regulations 233, 234, 235, 236, 239, 240 and 241 shall also apply to the manufacture of blasting agents on site: Provided that regulations 233 and 234 shall not apply to any fuel oil contained in any mobile mixing plant. 257. The manufacture of blasting agents underground is prohibited. Prohibition of manufacture underground Supervision in manufacture Additional requirements Hand mixing

Appendix 4
258. Ammonium nitrate stored at any mine, explosives factory or Storage of works shall only be stored in accordance with the regulations contained ammonium in this Appendix. nitrate 259. (a) (b) Any building used for the storage of ammonium nitrate shallbe constructed of non-combustible or fire resistant materials; be kept well ventilated; Requirements for storage of ammonium nitrate

(c) (d) 260. (a)

have a floor constructed of impermeable material; not have any covered drain in the floor. Ammonium nitrate in bags in any building shall be stackedin amounts not exceeding seventy-five tonnes; Stacking of bags

(b) so that every bag is not less than seven hundred and fifty millimetres from the walls; (c) so as to leave aisles between stacks of at least seven hundred and fifty millimetres width; (d) not less than nine hundred millimetres from the eaves or beams of the roof overhead; (e) on the concrete floor or other approved material.

261. Every building in which ammonium nitrate is stored shall be kept Cleanliness clean. 262. (1) Any spilled ammonium nitrate shall be cleaned up promptly and disposed of. Spilled ammonium nitrate

(2) Spilled ammonium nitrate may be used in the manufacture of blasting agents if it is thoroughly sifted and examined for extraneous materials before use. (3) Spilled ammonium nitrate shall not be used for the manufacture of nitro-compound explosives. 263. Smoking and open flames shall not be permitted in any building used for the storage of ammonium nitrate. Prohibition against smoking

264. Ammonium nitrate shall be separated, so as to prevent any Separation of possible contamination, from any other material by an approved type of ammonium wall. nitrate 265. (1) Any building used for the storage of ammonium nitrate excepting a magazine shall be provided withProvisions against fires

(a) fire hydrants capable of delivering sufficient water to flood such building; (b) adequate hose capable of being extended to any part of such building. (2) Fire hydrants and hose provided in accordance with sub-regulation (1) shall be positioned externally to the building.

Appendix 5
266. (1) On the approach of a thunderstorm within the vicinity of an explosives factory it shall be the responsibility of the manager or a person appointed by him under sub-regulation (1) or (2) of regulation 105 to decide whether or not such thunderstorm constitutes a danger to such factory. (2) In the event of either of the persons mentioned in sub-regulation (1) deciding that such thunderstorm does constitute a danger, all operations shall cease and all persons shall be withdrawn to a safe place. 267. Any destruction of explosives at an explosives factory shall only Destruction of be carried out in a manner approved by the Chief Inspector. explosives 268. The testing of any explosive at an explosives factory shall only be Testing of carried out by such methods as may be approved by the Chief Inspector explosives who shall, in the case of new explosives, be notified of the results of such tests. 269. No person under the apparent age of eighteen years shall be employed in an explosives factory. 270. (1) Every container used for the packaging of explosives shall be of a type approved by the Chief Inspector. (2) Every outer container in which explosives other than blasting agents are packed shall be marked with the following, that is to say: Persons under eighteen years Explosives containers Thunderstorms approaching explosives factory

(a) (b) (c) (d) (e) (f) (g)

the word "Explosives"; the name of the explosive; the size of the explosive; the class of explosive; the manufacturer's batch number; the date of manufacture; and the name of the manufacturer.

(3) The information required to be marked in accordance with sub-regulation (2) shall be presented in such a manner that it can be readily seen and easily understood. 271. (1) The manager shall render a monthly return in a form approved Monthly returns by the Chief Inspector. of explosives (2) The holder of a licence to manufacture blasting agents on site shall render a monthly return of blasting agents in the Form 21 set out in the Third Schedule. (3) Such monthly return shall be rendered to the Chief Inspector on or before the fifteenth day of the month following that to which it relates. 272. (1) No cultivation, shrubs or weeds liable to cause danger from No cultivation, fire shall be permitted within twenty-five metres of any danger building shrubs or weeds or within any danger area. (2) No accumulation of inflammable materials shall be permitted within twenty-five metres of any danger building or within any danger area. 273. At strategic points throughout the explosives factory, danger area Effective means

or any place where blasting agents are manufactured on site there shall for fire-fighting be placed adequate, suitable and effective means for extinguishing fires. 274. The manager or holder shall ensure that all fire-fighting Inspection of equipment provided in accordance with regulation 273 is inspected at fire-fighting intervals not exceeding ninety days by a competent person and shall equipment arrange for the regular discharge and refilling of each fire extinguisher or for any other suitable means necessary to maintain such extinguishers in good working order. 275. The manager or holder shall ensure that adequate arrangements Organisation are made to establish and maintain a proper organisation of persons for and fire drills extinguishing fire and such arrangements shall include regular fire drills which shall be held at intervals not exceeding one month. Withdrawals of 276. In any explosives factory, whenever a fire or spontaneous combustion occurs which cannot be immediately brought under control, persons all persons shall be withdrawn from any place where they may be endangered and no person shall be permitted to enter any such place except for the extreme purpose of extinguishing any fire therein until such time as safe conditions have been restored: Provided that no person shall at any time attempt to extinguish an uncontrolled fire in which nitro-compound explosives are burning. 277. The manager shall lay down a procedure to be adopted in case of Fire procedure fire and he shall ensure that all persons are familiar with the procedure for the specific location in which they work. 278. The manager shall ensure that a conveniently located first-aid station is established within the factory area, which shall be(a) of adequate size and easily accessible; (b) used only for work connected with first-aid and have a red cross clearly marked on the door; (c) equipped with a self-draining sink, soap, towels, nail brush, and a constant supply of drinking water and hot and cold running water; (d) equipped with an operative telephone and have adequate lighting and ventilation; Provision and requirements for first-aid station

(e) kept clean and properly maintained and all interior surfaces shall be so constructed as to achieve this requirement; (f) provided with an adequate number of stretchers with at least two blankets for each stretcher, a suitable table, benches, chairs and suitable clothes for use by first-aid attendants; (g) provided with an adequate supply of dressings for the first-aid treatment of all accidents, burns and other injuries likely to occur and such dressings shall be maintained in good condition and be readily available at all times for use; (h) provided with sanitary conveniences near such first-aid station.

279. The manager shall ensure that there is appointed a sufficient Appointment of number of competent persons to be in charge of the first-aid station at all competent first-aid persons times when individuals are at work. Such persons shall(a) be readily available at all times when on duty; (b) be the holders of a valid certificate in first-aid granted by a recognised society approved by the Chief Inspector; (c) record in a book provided for the purpose, particulars of each case treated, specifying the date and time, the name of the person, the nature of the injury or illness, the treatment given and the name of the person administering treatment. 280. (1) At suitable places throughout the factory canisters shall be provided, clearly marked with a red cross and maintained in good condition. (2) Each canister shall contain the following, that is to say: (a) a stretcher and two blankets; Provision for first-aid canisters

(b) a first-aid box of a type and the contents thereof approved by the Chief Inspector. (3) Each canister shall be regularly examined by a competent person and any shortage in the contents replenished forthwith. 281. The manager shall ensure that suitable transport is provided to convey any person, who becomes sick or injured whilst at work, to Transport to be provided

hospital or to his home, and that such transport is kept readily available for use. 282. (1) The manager of an explosives factory shall take suitable precautions to ensure that any person employed at a factory who receives any injury or who becomes sick shall without delay receive the necessary first-aid treatment or medical attention. Manager to ensure injured or sick persons treated without delay

(2) The manager shall lay down a procedure for the reporting of accidents. 283. Any person who is injured in an accident in an explosives factory Reporting of shall report such accident as soon as possible, if he is able to do so, to his accidents immediate superior who shall ensure that the relevant procedure in case of such accident as laid down by the manager is complied with. 284. (1) The manager shall ensure that, in the form prescribed in sub-regulation (5), he shall give notice of any accident in the factory specified in sub-regulation (2) and that an Inspector of Explosives, Inspector of Mines or an Inspector of Machinery shall be informed forthwith of any such accident. (2) The accidents of which notice is required to be given are those(a) involving the death of any person; Notification of accidents

(b) in which any person becomes unconscious either from heat-stroke, heat exhaustion, electric shock, the inhalation of poisonous fumes or the inhalation of any poisonous gas; (c) in which the injuries sustained by any person are so serious that it is possible that they may prove fatal. (3) In the case of death, the manager shall ensure that the police are notified forthwith. (4) The manager shall ensure that, in the form prescribed in

sub-regulation (5), notice is given to the Chief Inspector of any accident in which any person injured is incapacitated from performing his usual work for more than three days, excluding the day of the accident but including week-ends or public holidays. (5) The notice required to be given by sub-regulations (2) and (4) shall be in the Form 19 as set out in the Third Schedule; the completed form shall be despatched so as to arrive at the office of the Chief Inspector within twenty-one days of the date of the accident. Injury resulting 285. (1) In addition to the requirements of sub-regulation (3) of regulation 284 where any injury results in the death of any person after in death notice has been given in accordance with regulation 284, or where any slight injury of which no notice was given results in the death of the injured person, the manager shall cause notice thereof to be given to the Chief Inspector. (2) Where any injury results in the death of any person within twenty-four hours of the occurrence of the accident causing the injury, the place where the accident occurred shall not be disturbed or altered before the arrival of, or without the consent of, an Inspector of Explosives, Inspector of Mines or Inspector of Machinery unless such interference is unavoidable to prevent further accidents, to remove dead bodies or to rescue persons from danger: Provided that this regulation shall not apply to any place where any delay would seriously affect the safe working of the factory, or if the Inspector of Explosives, Inspector of Mines or Inspector of Machinery fails to visit the place within three days after such Inspector has been informed of the occurrence of such death. 286. (1) Whether personal injury is sustained or not by any occurrence Danger specified in sub-regulation (2), the manager of an explosives factory occurrences to shall ensure that any such occurrence is reported to the Chief Inspector be reported within twenty-four hours and forthwith confirmed in writing. (2) The occurrences which are required to be reported under sub-regulation (1) are specified hereunder: (a) the failure of any machine whereby the safety of any person has

been or may be endangered; (b) the accidental ignition or detonation of explosives or ingredients thereof and any accident due to explosives; (c) any incidence of spontaneous combustion in stockpiled ingredients; (d) any case of fire;

(e) any incidence of the flooding of a substantial part of an explosives factory; (f) accidental explosion or large fire due to the ignition of dust, gas, inflammable liquids or vapour; (g) the explosion of any receiver or container used for the storage at a pressure greater than atmosphere of any gas or mixture of gases, or any liquid or solid resulting from the compression of gas, including the explosion of steam boilers or steam receivers; (h) any electrical short circuit or failure of electrical machinery resulting from the malfunction of any protective device and attended by explosion or fire; (i) any electrical shock or burn to a person resulting in such person receiving medical treatment in consequence thereof; (j) the finding of any dangerous matter extraneous to the manufacturing process. 287. The manager shall ensure that sufficient suitable protective Provision for clothing and equipment is provided where the nature of any operation is protective such that persons are required to be protected. clothing and equipment 288. Every person shall at all times wear any protective clothing or equipment issued to him in accordance with regulation 287 when such clothing or equipment is required to be worn. Wearing of protective clothing and equipment

289. (1) The manager shall cause such steps to be taken as are Provision of necessary to ensure that adequate ventilation is supplied to all parts of adequate the explosives factory where the safety and health of any person may be ventilation endangered by exposure to conditions arising from excessive amounts of toxic gas or fumes, harmful dust or harmful temperatures. (2) The Chief Inspector may, by Gazette notice, prescribe the following: (a) any gas or fume which he may deem to be toxic and the maximum permissible amount of such gas or fume content in the general body of the air; and (b) the maximum permissible amount of harmful dust content in the general body of the air.

PART III TRANSPORTATION OF EXPLOSIVES BY INLAND WATERWAY, ROAD, RAIL AND AIR
301. Any vessel transporting explosives on inland waters shall comply Compliance with fully with the requirements of the Inland Waters Shipping Act and the Inland Waters Shipping Act. regulations made thereunder.
Cap. 466

302. In addition to the provisions of regulation 301, the other regulations contained in this Part shall also apply to any vessel transporting explosives on inland waters.

Regulations to apply to vessels transporting explosives

Chief Inspector to 303. Where at any time the transportation of explosives by vessel is required to be undertaken, then any person wishing to do so shall furnish approve the to the Chief Inspector full details of the vessel and details of the amount transportation of

and type of explosives to be transported and the manner in which such explosives are to be transported.

explosives by vessel

Magazine in a 304. (1) Any owner or master of a vessel wishing to construct a magazine in such vessel shall prior to so doing submit details in writing, vessel together with plans in duplicate to the Chief Inspector for his approval giving particulars of the following, that is to say:

(a) the position in the vessel where such magazine is to be constructed; (b) (c) specific details of the magazine; the class and quantity of explosives required to be stored.

(2) Any owner or master of a vessel having a magazine wishing to modify or extend such magazine shall, before undertaking such modification or extension, obtain the prior approval of the Chief Inspector. 305. (1) In any vessel, any magazine approved by the Chief Inspector Licensed magazine in a vessel to be used for the storage of more than five cases of twenty-five kilograms of nitro-compounds or blasting agents or for more than fifteen thousand detonators shall be referred to in these Regulations as a "licensed magazine". The licence for such magazine shall be in the Form 9 set out in the Third Schedule and shall specify the nature and maximum amount of explosives which may be stored and may contain such other special conditions as the Chief Inspector may impose. (2) The fee payable on the issue of such licence shall be five hundred fee units. (As amended by Act No. 13 of 1994) 306. (1) The duplicate or a photostat copy of the original of any licence Licence to be posted in magazine issued in respect of any magazine shall be posted in such magazine behind glass or other suitable transparent material in such a position that it is, at all times, clearly visible. (2) The Chief Inspector, or an inspector, may at any time cancel any

licence if(a) the holder of such licence has been convicted of any offence in relation to the storage or use of explosives; (b) any conditions of such licence have not been complied with.
Transportation of explosives with inflammable goods and dangerous cargoes prohibited. Cap. 466

307. (1) The transportation of explosives in any vessel transporting inflammable liquids or other dangerous goods is strictly pro-hibited. (2) The transportation of explosives in any vessel propelled by an engine powered by an inflammable liquid is prohibited unless such vessel conforms to the requirements of the Inland Waters Shipping (Construction of Vessels) Regulations.

308. The engine of any vessel having a tonnage of thirty tonnes or less Vessel less than thirty tonnes to be used for the transportation of explosives shall be a diesel engine.

propelled by diesel engine

309. Any vessel transporting electric detonators shall comply with the Requirement for vessel transporting requirements of regulation 122.
electric detonators

310. The hold in any vessel transporting explosives shall be watertight Hold to be watertight and where this is not possible any explosives transported in such hold shall be effectively protected against any possibility of becoming affected by water. 311. (1) Every vessel transporting explosives shall at all times be under Vessel in charge of the charge of a competent person and such a person shall be deemed to competent person Cap. 466 be competent if he holds a certificate of competency required for the class of vessel under his charge as is specified in the First Schedule to the Inland Waters Shipping (Masters and Crews) Regulations. (2) The competent person in charge of any such vessel shall, when any incident occurs which could cause the explosives to become a danger to persons or property or could in any way affect such explosives, forthwith inform an Inspector of Explosives.

312. No explosives shall at any time be transported on the deck of any No explosives on deck vessel. 313. Nitro-compound explosives, blasting agents and detonating fuses Types of explosives which may be conveyed together in the same hold but none of them shall be may be conveyed conveyed together with any other explosives:
together

Provided that where any person requires to transport only small quantities of different explosives, such explosives may be transported together in the same hold, and the Inspector of Explosives issuing the permit to purchase such explosives shall specify the conditions under which they may be transported together. 314. No person shall smoke within thirty metres of where explosives Prohibition of are being loaded into or unloaded from any vessel or within four metres smoking of any vessel loaded with explosives, and no person engaged in the loading or unloading of explosives into or from any vessel shall carry matches or any other means of producing ignition or wear boots or shoes with steel or iron heels, tips or exposed nails of any kind. 315. In any vessel transporting explosives, the carrying of non-dangerous goods in the same hold as explosives is permitted:
Carrying explosives with non-dangerous goods

Provided that the explosives are adequately insulated from such non-dangerous goods. 316. In any hold in any vessel transporting explosives, such explosives shall be positioned so as not to be affected by any heat given off by any engine or by the exhaust pipe or ducting of such engine or any other source of heat. 317. Any vessel having a magazine shall only carry explosives of the class and quantity for which such magazine has been licensed. 318. (1) Explosives shall only be transported in any vessel in sound
Position of explosives in relation to engine or exhaust pipe

Magazine requirement

Containers for explosives

unopened boxes of origin or other closed containers of a type approved by the Chief Inspector. (2) The method of transporting detonators shall prior to their being transported, be approved by the Chief Inspector. 319. Any vessel transporting ammonium nitrate where the load to be transported is in excess of seventy-five tonnes shall transport such ammonium nitrate only in batches of seventy-five tonnes or less and each such batch shall be insulated, compartmentalised or isolated from any other batch. 320. Without exception the loading or unloading of explosives shall not be carried out between the hours of sunset and sunrise.
Limitation on quantity of ammonium nitrate

Time for loading and unloading

Testing for lifting 321. The competent person referred to in regulation 311 shall, appliance immediately before allowing any explosives to be hoisted by a lifting appliance or lifting gear, cause such lifting appliance or lifting gear to be tested and proved to be in safe working order.

322. If during loading or unloading operations into or out of any vessel Repacking any explosive is found to have escaped from any package in which it is contained or to be spilled, such explosive shall forthwith be carefully collected and repacked and such col lecting and repacking shall only be done by a blasting licence holder. 323. Any loading or unloading of explosives at any place into or out of Supervision a vessel shall be under the direct supervision of a blasting licence holder. 324. Any vessel transporting explosives shall proceed by the quickest Route and safest route and, when any such vessel is involved in an accident or incident, the Chief Inspector shall be informed by the quickest possible means and no person shall move any such vessel or meddle with such explosives until an inspector has examined such vessel or explosives.
When unloading 325. Unloading shall be deemed to have been completed when the explosives have been landed at or deposited upon any quay, jetty, wharf complete

or landing stage. 326. The competent person referred to in regulation 311 shall be liable Liability of competent person for any breach of any of the foregoing regulations. 327. The Port Officer shall cause any explosives landed at or deposited Liability of Port upon any quay, jetty, wharf or landing stage to be removed immediately Officer to a magazine or other safe storage place under such conditions as he may deem necessary, pending their removal therefrom by a consignee. 328. Nothing in these Regulations shall preclude any vehicle used for Compliance with the transportation of explosives from satisfying the requirements of the the provisions of the Roads and Roads and Road Traffic Act and the regulations made thereunder.

Road Traffic Act. Cap. 464

329. These Regulations shall apply to every road vehicle transporting Regulations for road vehicles explosives by road within the Republic other than at a mine or works. 330. Unless an inspector otherwise directs, all explosives transported by road shall be conveyed by the most direct route and by the quickest and safest means: Provided that this regulation need not apply within any city or town where an alternative route, not being the most direct, passes through areas of lesser population density, in which case such alternative route shall be used, and it shall be lawful for any local authority to prescribe the route to be used within its area of jurisdiction. 331. When being transported in any road vehicle or convoy of road vehicles, explosives shall(a) be in the direct charge of a blasting license holder who shall take all due care of the operation; (b) not be transported during the hours of darkness except with the prior permission of an Inspector of Explosives and under such conditions as he may prescribe. 332. No person shall convey or cause to be conveyed or allow any
Public service Blasting licence holder in charge and no transportation in hours of darkness Route

subordinate to convey explosives in any public service vehicle.

vehicles

333. (1) Only the driver, the blasting licence holder in charge and such Limitation of persons on other persons as may be necessary for the purposes of loading or explosives road unloading may be carried in any vehicle transporting explosives.
vehicles

(2) No person shall be carried in any compartment containing explosives. 334. Under no circumstances shall any explosives be conveyed by a pack animal, bicycle, motor-bicycle or any three-wheeled form of mechanical transport unless such means of transport is approved by an Inspector of Explosives. 335. No articulated road vehicle shall be authorised for transporting explosives after the promulgation of these Regulations.
Prohibition of conveyance by certain means

No articulated vehicles

336. Explosives shall not be conveyed in any trailer attached to a road No trailers vehicle. 337. (1) The stopping or parking of any road vehicle transporting explosives in any city, town or village is prohibited:
Prohibition against stopping and parking

Provided that the prohibition shall not apply to any case where a vehicle is stopped(i) (ii) (iii) (iv) to avoid an accident; to comply with a traffic sign; to obey a direction lawfully given by some person; or due to some cause beyond the control of the driver.

(2) The parking of any vehicle transporting explosives in any city, town or village is permitted:

Provided that such vehicle is parked off the public road and at a reasonable and safe distance from any inhabited building and in the charge of a blasting licence holder and when parked overnight the police are notified of the place where such vehicle is parked. 338. Where any vehicle transporting explosives is involved in an accident(a) such vehicle shall not continue its journey until the explosives and the vehicle have been examined by an Inspector of Explosives or the blasting licence holder who shall decide whether or not it is safe in all respects for the vehicle to continue the journey; (b) the vehicle shall be kept under guard until it is in a condition to resume its journey; (c) such accident shall in any event be reported to the nearest Inspector of Explosives forthwith; (d) the driver shall immediately place the red triangular reflector in the position required by the Roads and Road Traffic Act.
Authorised 339. Every road vehicle used for the transporting of more than five vehicles cases of twenty-five kilograms of nitro-compounds blasting agents or more than fifteen thousand detonators shall, for the purpose of these Regulations, require an authorisation as hereinafter mentioned and shall, after such authorisation has been obtained, be treated as an authorised vehicle. The authorisation for such vehicle shall be in the Form 5 set out in the Third Schedule and shall specify the nature and maximum amounts of explosives which may be transported at any one time and shall contain such other conditions as the Chief Inspector may impose, and the fee payable for such authorisation shall be one hundred fee units: Procedure for vehicles involved in accidents Cap. 466

Provided that, where explosives in excess of five cases of twenty-five kilograms are to be transported, the Chief Inspector may permit the transportation of such explosives in a vehicle and he may, in such a case, impose such conditions as he may deem fit. (As amended by Act No. 13 of 1994) 340. (a) Every authorised vehicle used for transporting explosives shallbe of a sound construction and free from any patent defect, and
Authorised vehicle requirements

shall be maintained in good working order; (b) be propelled by a diesel engine; (c) be provided with one fire extinguisher inside the cab mounted on a suitable carrier or holder so that it is at all times readily available for use. The extinguisher shall be of nine kilogram capacity and of an approved type and shall be inspected at intervals not exceeding ninety days by a competent person who shall be responsible for ensuring that such extinguisher is in good working order; (d) have the driving cab separated from the body of the vehicle by a clear space of at least one hundred and fifty millimetres: Provided that, where the body of the road vehicle is built directly onto the driving cab, a fire-proof bulkhead shall be provided across the full width of the body at least one hundred and fifty millimetres from the cab and to the height to which the explosives may be loaded; (e) have the compartment in which the explosives are conveyed totally enclosed, covered with sheet metal and lined internally with wood which has been so treated as to render it non-inflammable, or with asbestos or other approved material; (f) have the compartment containing explosives adequately ventilated; (g) have no openings except the doors, which shall fit closely, and such other openings as may be required to comply with paragraph (f); (h) when persons are required to be transported for the purposes of loading or unloading, have a suitably constructed separate compartment for the conveyance of such persons; (i) have a "NO SMOKING" sign displayed in the cab and in any separate compartment provided in accordance with paragraph (h); (j) have the exhaust pipe so fitted and directed that neither the pipe nor the exhaust gases pass under any part of the compartment used for carrying explosives; (k) have adequate bonding provided between the chassis and the body so as to maintain a complete circuit between such chassis and body and two earthing chains shall be provided and maintained between the chassis and the ground, one at the front and one at the rear, and these shall be adequately bonded to the chassis; (l) have a red flag at least four hundred and fifty millimetres square at each corner so as to be distinctly visible from the front and rear and when such vehicle is empty the flags shall not be flown: Provided that this paragraph shall not apply to the transportation of blasting agents;

(m) have on the two sides, the front and the rear so as to be distinctly visible from the front, rear and sides, a sign bearing the words "DANGER-EXPLOSIVES" in red paint on a white background and on the rear a sign bearing the figure and words "50 km per hour" and when such road vehicle is transporting blasting agents or is empty the words "DANGER-EXPLOSIVES" shall not be visible; (n) have a quick action cut-off fitted to the fuel line in a readily accessible position; (o) only transport electric detonators in compliance with the requirements of regulation 122; (p) have an isolating switch in the electrical circuit adjacent to the battery in a readily accessible position; (q) have no electric cables inside the compartment in which explosives are transported; (r) have the duplicate or a photostat copy of the original of the authorisation displayed in the cab behind glass or other suitable material; (s) not be driven at a speed in excess of fifty kilometres per hour when transporting explosives. 341. Explosives shall only be transported in an authorised vehicle in sound unopened boxes of origin or other closed approved containers.
Only unopened boxes or approved containers in authorised vehicles

342. Every road vehicle used for transporting five cases of twenty-five Requirements for other vehicles kilograms of nitro-compounds or blasting agents or less or fifteen transporting thousand detonators or less shallexplosives

(a) be propelled by a diesel engine, excepting that an inspector may, under such conditions as he may prescribe, allow the transportation of explosives in a vehicle propelled by any other type of engine; (b) not be a private motor car: Provided that any person authorised in accordance with sections twelve and thirteen of the Act may carry reasonable quantities of explosives in a private motor car in accordance with his duties; (c) be provided with one fire extinguisher of an approved type inside the cab mounted on a suitable carrier or holder so that it is readily available for use at any time; (d) if the body is not completely enclosed, not be loaded with

explosives to a height greater than the sides or back of the vehicle and have such explosives completely covered with painted cloth, tarpaulin or other similar protective material and such material shall be lashed down so as to effectively protect the explosives from displacement whilst the vehicle is in motion; (e) (f) be of sound construction and free from patent defect; comply with the requirements of regulation 122.
Explosives to be effectively protected

343. Any explosives transported in any road vehicle shall be effectively protected against displacement.

344. No fuel shall be carried in or on any road vehicle in which explosives are being transported except in the fuel tank, nor shall any other material be carried in the compartment in which explosives are deposited.

Fuel only to be carried in fuel tank

345. Nitro-compound explosives, blasting agents and detonating fuses Conveyance of may be conveyed together in the road vehicle but none of them shall be different types of explosives conveyed together with any other type of explosives: Provided that where any person purchases only small quantities of different types of explosives, such explosives may be transported together and the Inspector of Explosives or Inspector of Mines issuing the permit to purchase such explosives shall specify the conditions under which they may be transported together. 346. When explosives are being loaded into or unloaded from any road Engine switched off during loading vehicle the engine of such vehicle shall be switched off and due care shall be taken by the person in charge to ensure that no person other than and unloading those persons assisting him in loading or unloading shall have access to such explosives. 347. No person shall smoke within thirty metres of where explosives are being loaded or unloaded from any road vehicle or within four metres of any vehicle loaded with explosives.
Prohibition against smoking

348. No person engaged in the loading or unloading of explosives into Prohibition on matches, means of or from any road vehicle shall carry matches or any other means of

producing ignition or wear boots or shoes with steel or iron heels, tips or ignition, steel or iron heels or exposed nails of any kind.
exposed nails

349. No explosives shall be carried in the cab of any road vehicle.

Explosives not to be carried in cab

350. The interior of the explosives compartment of any road vehicle transporting explosives shall be kept clean and in good order.

Explosives compartment to be clean

351. Every road vehicle transporting explosives shall, immediately upon arrival at its destination, be unloaded forthwith into an approved place of storage, vessel or rail truck or be used immediately.

Vehicle upon arrival at destination to be unloaded

352. On the approach of and during a thunderstorm any road vehicle transporting explosives shall be halted off the highway at least five hundred metres from any inhabited building.

Thunderstorm during transportation

Convoys 353. Where two or more road vehicles transporting explosives are travelling in convoy they shall maintain a distance of at least fifty metres from each other.

When to engage 354. Where any road vehicle transporting explosives approaches a low gear traffic sign indicating that low gear ought to be engaged or any sign giving warning of a steep descent, the driver shall bring such vehicle to a complete standstill and thereafter engage low gear before proceeding further.

355. Any rail truck used for the transportation of explosives, and any locomotive used to pull or push such rail truck or train on any railway system within the Republic shall comply fully with the requirements of any Act relating to such system and all regulations made thereunder. 356. The following regulations shall apply to every rail truck transporting explosives within the Republic from the time when(a) any such truck first enters the Republic until the explosives are unloaded from such truck, or such truck leaves the Republic;

Compliance with relevant Railway Act

Rail trucks to which Regulations apply

(b) any such truck leaves an explosives factory or licensed magazine until the explosives are unloaded from such truck or such truck leaves the Republic. 357. No rail truck shall be loaded with explosives other than as specified hereunder: Types of explosives (a) nitro-compound explosives, blasting agents and detonating fuses loaded in rail truck may be transported together excepting that the nitro-compound explosive known as mastermix shall not be transported together with any other type of explosives; (b) detonators and capped fuses shall not be transported together with any other type of explosives; (c) explosives of any other type when required to be transported shall be transported under such conditions as an Inspector of Explosives shall prescribe. 358. (1) Every rail truck containing explosives consigned to the holder Explosives of an open permit to purchase, acquire and possess explosives shall only permits be consigned to such holder and shall not contain explosives consigned to any other person or destination, and such holder shall ensure that, when he possesses sufficiently large storage facilities, such explosives are, as far as is reasonably practicable, ordered in full rail truck loads only. (2) Any rail truck containing explosives consigned to holders of permits to purchase, acquire and possess explosives may, when the quantities are small, be consigned to several different holders and destinations: Provided that the explosives loaded into such rail truck shall be loaded in such order that such explosives can be unloaded by the consignees without the removal of explosives for other consignees. 359. Explosives may be conveyed by rail as follows, that is to say: (a) (b) by special explosives train; or by ordinary goods train. Prohibition on passengers Types of train

360. When explosives are being transported in any train, the conveyance of any passenger is strictly prohibited in such train.

361. The maximum permissible weight of explosives contained in any Maximum train shall be as is specified hereunder: weight (a) not more than three hundred and fifty tonnes in any special explosives train; and (b) not more than one hundred and twenty tonnes in any ordinary goods train. 362. In any special explosives train, at least two bogies or three short rail trucks loaded with non-dangerous goods shall be placed between the locomotive and the first rail truck containing explosives, and at least two bogies or three short rail trucks either empty or loaded with non-dangerous goods shall be placed between the van at the rear and the last rail truck containing explosives. Special explosives trains shall be limited to a maximum load of eighty-two axles and shall not be double-headed. 363. In any ordinary goods train, rail trucks containing explosives shall be placed as near the centre of the train as possible and the first and last rail trucks containing explosives shall be separated from the rest of the general goods rail trucks by at least two bogies or three short rail trucks which may contain non-dangerous goods to the front of the first rail truck containing explosives and at least two bogies or three short rail trucks which may contain non-dangerous goods to the rear of the last rail truck containing explosives. 364. In any train, rail trucks containing explosives shall be separated from other rail trucks containing dangerous goods by at least one bogie or two short rail trucks containing non-dangerous goods: Provided that any rail truck containing non-dangerous goods such as lime, heavy machinery, projecting timber, rails, telegraph poles or any other similar materials shall, within the context of these Regulations, be considered to be dangerous goods. 365. Any rail tanker, or any truck loaded with inflammable liquid drums, whether full or empty, shall not be conveyed in any special explosives train. Prohibition against conveyance of flammable goods Positioning of rail trucks in special explosives train

Positioning of rail trucks in ordinary explosives train

Positioning of dangerous goods

366. Every train containing electric detonators shall comply with the requirements of regulation 122. 367. (1) Any rail truck containing explosives other than detonators or capped fuses shall have a label clearly visible on the outside of such truck bearing the word "EXPLOSIVES". (2) Any rail truck containing detonators or capped fuses shall have a label clearly visible on the outside of such truck bearing the word "DETONATORS". (3) Any explosives rail truck, whether loaded or empty, shall be labelled as to its condition. (4) Any rail truck containing explosives shall, except during loading and unloading operations, be kept locked with an approved type lock. 368. A railways official finding any explosives rail truck not labelled in accordance with regulation 367 shall not permit such rail truck to proceed until such time as he has himself labelled it or caused it to be labelled.

Electric detonators Labels on rail trucks

Responsibility of railways official for labels

369. Every rail truck used for the conveyance of explosives shall be of Rail truck to be a type approved by the Chief Inspector. approved 370. A special explosives train shall transport the explosives anywhere Route in the Republic but only by the most direct and quick route available at the material time. 371. No explosives rail truck containing explosives shall be permitted to stand in any city or town siding or adjacent to any city or town centres or any other place where it could be a danger to life or property except during brief halts. Prohibition against stopping of rail trucks and trains

372. (1) Any special explosives train containing ten or more rail trucks Limitation on containing explosives shall run at a speed not exceeding thirty-two speed

kilometres per hour. (2) Any train transporting explosives shall be accompanied by a competent person whose duty it shall be to ensure that the maximum allowable speed referred to in sub-regulation (1) is not exceeded. 373. The shunting of any explosives train or any truck containing Shunting explosives shall be carried out in the safest possible manner and such shunting shall be kept to the absolute minimum. Loose shunting and fly shunting of any explosives rail truck is strictly prohibited. 374. If any defect is found in any rail truck containing explosives, the matter shall be reported immediately to the railway authority concerned and the truck shall not be permitted to proceed until such defect has been remedied: Provided that in any operation to rectify such defect no welding shall be permitted. 375. No rail truck containing explosives shall, at any time, be unloaded Unloading of at any place other than a magazine except in an emergency. rail trucks 376. When any rail truck containing explosives reaches its final destination it shall be taken into a magazine area where it shall be unloaded as quickly as possible. 377. Where no magazine area is available, rail trucks containing explosives shall be taken into a safe loading bay approved by the Chief Inspector and shall be unloaded as quickly as possible. Unloading at final destination Reporting of defective braking mechanism

Safe loading bay

378. A safe loading bay shall, for the purpose of these Regulations, be Definition of deemed to be a magazine and regulations applicable to any magazine safe storage bay shall apply to any safe storage bay: Provided that, where it is impracticable to conform to any requirement of any regulation applying to a magazine, the Chief Inspector may grant exemption from such requirement upon such conditions as he may deem fit to impose.

379. Where any rail truck containing explosives in any safe loading Standing in safe bay cannot be unloaded immediately owing to its contents being loading bay destined for several different consignees, or where the truck is partially unloaded but not completely unloaded, such truck shall be kept locked at all times when loading operations are not being undertaken. 380. Where, at any time, any rail truck containing explosives is being unloaded, such unloading shall be under the supervision of a blasting licence holder although the key of the lock required to be provided in accordance with regulation 367 may be in the possession of a suitably competent person who is not a blasting licence holder. 381. The suitably competent person specified in regulation 380 shall not at any time open, or cause to be opened, any truck containing explosives unless a blasting licence holder is present or unless an officer referred to in section eleven of the Act, in the lawful execution of his duties, orders such person to open such truck. 382. Where any rail truck containing explosives comes under the jurisdiction of a railway authority such railway authority shall ensure that no rail truck containing explosives is at any time left unguarded. Unloading under supervision of blasting licence holder Rail truck only to be opened in presence of blasting licence holder Railway authority responsible for effective distribution scheme

383. Where any rail truck containing explosives has been positioned adjacent to any magazine or in a safe loading bay for unloading, both vacuum and hand brakes shall be applied immediately and a stop block or similar appliance placed across the rails beneath the wheels of such rail truck before the locomotive is permitted to disconnect and move away. 384. If at any time during the transportation of explosives by rail any rail truck containing explosives is involved in an accident or incident the Chief Inspector or an Inspector of Explosives shall be notified of the accident or incident forthwith, and if they deem or either of them deems it to be necessary, any rail truck so involved shall not be moved until it has been examined by an Inspector of Explosives who shall direct whether or not such truck may continue its journey, and such direction

Vacuum and parking brakes and stop block when unloading

Notification of accidents and incidents to rail trucks

shall be followed. 385. (1) It shall be the responsibility of the manager of any explosives Illegal acts factory to ensure that every rail truck loaded with explosives shall not leave the factory until such time as the retaining timbers are installed in the doorways, the doors are locked and the truck is sealed. (2) It shall be the responsibility of the manager of any explosives factory to ensure that the person responsible for loading the explosives shall also record in a book provided for the purpose(a) the number of the truck; and

(b) whether or not timbers and/or locks were found when he received the empty truck. (3) It shall be the responsibility of the holder receiving any truck containing explosives to ensure that the competent person appointed by him to be in charge of unloading any such truck shall report to him forthwith(a) any such truck, by number, which is not locked and sealed;

(b) any such truck, by number, in which the retaining timbers are not installed. (4) The holder shall, by the quickest means possible, forward the details of such report to the Chief Inspector. (5) It shall be the responsibility of the holder to ensure that any empty explosives rail truck leaving his premises shall have the retaining timbers in the truck and the doors locked. (6) The manager of any railway authority shall ensure that any person in charge of any train containing loaded or empty explosives rail trucks that such trucks shall at all times be locked and in the event of any such truck being found unlocked report such truck, by number, to the Chief Inspector.

(7) The manager of any explosives factory shall ensure that sufficient and suitable locks, keys and seals are available at all times and that such locks and keys are issued against the signature of any person required to receive such locks or keys. (8) The manager of any explosives factory shall ensure that there is available at all times a sufficient quantity of retaining timbers. 386. No person shall negligently or wilfully drive any locomotive Restrictions on pushing or pulling any rail truck containing explosives in such a manner rail trucks as to endanger the safety of any person or premises. containing explosives 387. No person shall smoke within thirty metres of where explosives are being loaded into or unloaded from any rail truck or within four metres of any rail truck loaded with explosives. 388. No person shall carry any explosives in an aircraft registered in the Republic except with the prior permission of the Director of Civil Aviation and the Chief Inspector and subject to such conditions as they or either of them may deem fit to impose. Prohibition on smoking

Prohibition on explosives in aircraft

389. Where an aircraft conveying explosives is involved in an accident Information or incident the Chief Inspector shall be informed of the accident or the about aircraft incident, as the case may be, by the quickest means possible, and no accidents person shall, without the prior authority of an Inspector of Explosives, move any such aircraft, or touch or meddle with the explosives lying therein.

PART IV TRANSPORTATION OF EXPLOSIVES AT ANY MINE OR WORKS

401. (1) At any mine or works, explosives may be transported from any licensed magazine to an authorised magazine or box, sanctioned magazine or storage box or from any such magazine or box to the work place by-

Permitted types of conveyance for transportation of explosives at any mine or works

(a)

any rubber tyred vehicle propelled by a diesel engine;

(b) any vehicle running on rails whether propelled by a locomotive or by hand; (c) any conveyance attached to any winding plant or any approved lifting appliance; (d) any lift:

Provided that every such vehicle or conveyance shall be of sound construction, suitable material, adequate strength and free from any patent defect, be maintained in good working order, and of a type approved by the Chief Inspector. (2) Where at any mine or works the scale of operations requiring explosives is in the opinion of the Chief Inspector of a large magnitude he may, if he deems it necessary, require that the transportation of explosives on the surface shall only be permitted in an authorised road vehicle equipped in accordance with regulation 340 or in a rail truck approved in accordance with regulation 369. 402. Requirements of rubber tyred (a) have the compartments in which explosives are carried lined internally with wood which has been rendered non-inflammable or with vehicles such other material as may be approved by the Chief Inspector; (b) (c) have a red flashing light clearly visible for at least sixty metres; have a klaxon, siren, hooter or automatically operated bell; When transporting explosives every rubber tyred vehicle shall-

(d) where explosives are carried in the bucket of such vehicles, be provided with a mechanical device for locking such bucket in the carrying position.

403. When transporting explosives every vehicle running on rails shall(a) have the compartments in which explosives are carried lined internally with wood which has been rendered non-inflammable or with such other material as may be approved by the Chief Inspector; (b) have the compartments in which explosives are carried suitably covered; (c) be separated from the locomotive and any other vehicle not containing explosives by one empty vehicle or a tow-bar not less than two point five metres in length. 404. Any vehicle used exclusively for transporting explosives shall be painted a distinctive red colour and a notice specifying the quantity of explosives which may be transported in such vehicle shall be suitably displayed on such vehicle. 405. Any explosives shall only be transported in any vehicle or conveyance in sound unopened boxes or bags of origin or in approved closed containers and in such a manner that such box, bag or container shall not project above the level of the lowest rim of the compartment thereof:

Requirements for vehicles running on rails

Painting of vehicles used exclusively for explosives Transportation in vehicles and conveyances only in unopened boxes and approved containers

Provided that during charging operations from any vehicle it shall be permissible to carry one opened box or bag in the compartment and where ammonium nitrate blasting agents are contained within a loading machine mounted on a vehicle such blasting agents may be contained within such loading machine whilst the vehicle is in motion. 406. Limitation on speed for (a) any locomotive pushing or pulling any vehicle containing explosives shall not be greater than thirty-two kilometres per hour on the various conveyances surface or twelve kilometres per hour underground; (b) any rubber tyred vehicle conveying explosives shall not be greater than fifty kilometres per hour on the surface or sixteen kilometres per hour underground; (c) any conveyance operated by winding plant conveying The maximum permitted speed of-

explosives shall not exceed the speed specified by the manager. 407. Any vehicle approved in accordance with these Regulations for the transportation of explosives may be used for the transportation of other materials if the compartment in which explosives are carried is thoroughly washed out before such explosives are loaded and immediately after such explosives have been unloaded. 408. Explosives in transit, other than when in transit in a shaft or winze, shall at all times be under the direct supervision of a blasting licence holder. Use of approved vehicles for other materials

Explosives in transit under a blasting licence holder

409. No person other than the onsetter or cage tender and his crew shall Onsetter or cage travel in any conveyance in any shaft or winze together with explosives: tender and crew only to travel Provided that this regulation need not apply to the transportation of fuse igniters.

PART V STORAGE OF EXPLOSIVES

501. No person shall store explosives anywhere within the Republic otherwise than in accordance with these Regulations. 502. The storage of any explosive shall be permitted only in the following places: (a) (i) (ii) (iii) on the surface ina licensed magazine; an authorised magazine; an authorised box; Application

Permitted storage places

(iv) (b) (i) (ii)

a safe loading bay in accordance with regulation 379; underground ina sanctioned magazine; an underground box. Damaged containers to be repaired

503. Where any container of origin containing explosives has been damaged in transit such container shall be repaired or replaced before being placed into any magazine or box.

504. The storage of any material in any magazine or box, other than the Storage of other materials type of explosives for which such magazine or box is licensed, authorised or sanctioned, is prohibited. prohibited 505. (1) No person shall smoke or take any naked light into a magazine Naked light, area or within four metres of any magazine or box. matches or smoking prohibited (2) No person shall take or attempt to take any smoking material or any article designed or adapted to produce a naked flame into any magazine area or magazine. 506. No cultivation, shrubs or grass liable to cause danger from fire shall be permitted within a distance of twenty-five metres from any magazine. 507. All electric wiring in any magazine shall conform to the requirements of regulation 117. 508. Every switch and fuse of any lighting circuit of any magazine shall be installed in a fire-proof cabinet on the outside of the building, and any such fuse shall not exceed ten amperes capacity. 509. The horizontal distance from any magazine to any overhead power line carrying an electric current at a voltage exceeding two Cultivation

Electrical wiring Electrical switches and fuses Power lines

hundred and fifty volts shall not be less than the distance between two adjacent pylons or poles of such power line plus six metres. 510. No container of explosives shall be opened in the storage chamber Opening of of any magazine, but such container may be opened, and reclosed if containers necessary, by a blasting licence holder outside of such magazine or in any lobby thereto: Provided that this regulation shall not apply to any magazine at an explosives factory. 511. Whenever it is necessary to carry out any repair to any magazine, Repairs to all details thereof shall be reported to the Chief Inspector who may magazines approve such repair subject to such conditions as he may see fit to impose. 512. The interior of every magazine and box shall be kept clean and dry at all times. Magazines and boxes to be kept clean Deterioration of explosives

513. (1) Whenever any explosives have been found to show signs of dampness or exudation or it is seen or suspected that any explosives have deteriorated, such explosives shall not be used but shall be separated from other explosives in the magazine and all details thereof shall forthwith be reported to the Chief Inspector. (2) Where any container of explosives has become damp or in any other way defective so as to render the transportation or storage of such container hazardous, the explosives shall be repacked in a sound container in accordance with regulation 510. (3) Explosives in any damaged container shall not be issued from any magazine. 514. An Inspector of Explosives may order the destruction of any explosives which he considers to be unsafe for storage or use and the holder shall be responsible for such destruction which shall be carried out by a blasting licence holder and no compensation shall be paid therefor.

Destruction by order

515. (1) No unauthorised person shall loiter or shall be permitted to loiter in the vicinity of any magazine or box and the holder of the licence, authorisation or sanction appertaining to such magazine or box or any employee of the holder or any public officer appointed under section four of the Act may order such person to leave the vicinity of such magazine or box and any such person who fails to comply with such orders shall be guilty of an offence. (2) No unauthorised person shall enter or be permitted to enter any magazine or fenced area thereof.

Loitering prohibited

516. (1) The holder shall ensure that there is appointed in writing one or Responsibility more competent persons to be the key holder of any licensed magazine, for magazines authorised magazine, authorised box or sanctioned magazine and each and boxes such appointee shall countersign and date the appointment signifying his acceptance: Provided that, where the scale of operations is so small that it would be unduly onerous for the holder to appoint such key holder, this sub-regulation shall not apply and in such case he himself may be the key holder. (2) The key of any magazine or authorised box shall be in the possession of the key holder only for such time as it is required to be used and when not so in his possession shall be kept securely locked in a safe place as determined by the holder. (3) There shall be kept in every magazine or authorised box a register showing the following: (a) (b) (c) the current stock of explosives; the quantities of explosives issued and received; the dates of all such issues and receipts;

(d) the person to whom such issues were made or from whom such explosives were received;

(e) the name of the key holder who issued or received such explosives; and such register shall be open to inspection at all times by an Inspector of Explosives or an authorised officer or any other public officer appointed under section four of the Act to inspect explosives magazines. (4) One key holder shall be responsible for the issue, receipt and storage of all explosives in any licensed magazine, authorised magazine, sanctioned magazine or authorised box and for the accurate maintenance of each register and upkeep of such magazine or box: Provided that where a system of shift working is in operation a key holder on each shift shall be responsible for the issue, receipt and storage of all explosives in any such magazine or box and the accurate maintenance of each register and the upkeep of such magazine or box. (5) No person may be appointed responsible for the issue, receipt and storage of explosives in any magazine unless such person is the holder of a blasting licence: Provided that if any person prior to the coming into force of these Regulations has been a key holder though not possessing a blasting licence, he may continue to be such a key holder at the discretion of the Chief Inspector. (6) The key holder responsible for any magazine or box shall ensure that any person working at or in such magazine or near such box does so in a safe manner and any person who fails to obey any lawful order given in the interest of safety by the key holder shall be guilty of an offence. 517. Every magazine and box shall be kept securely locked except during the issue or receipt of explosives or when it is necessary to comply with regulation 518. Magazines and boxes to be kept locked

518. Every magazine and box shall be opened without let or hindrance Inspection to inspection by an Inspector of Explosives or an authorised officer or any other public officer appointed under section four of the Act to

inspect any explosives magazine or box. 519. (1) Nitro-compound explosives and detonating fuses may be Nitro-compound stored together in one magazine and blasting agents may be stored with explosives, such explosives: detonating fuses and blasting agents may be stored together Provided that the conditions of the licence, authorisation or sanctions are strictly complied with. (2) Nitro-compound explosives and detonating fuses may be stored together in one box but shall not be stored with any other explosives in such box. 520. Detonators and blasting initiators may be stored together but shall Detonators not be stored with any other explosives. stored apart 521. Only those explosives which are described on the licence, Limitations on authorisation or sanction issued in respect of any magazine or box shall contents of be stored in such magazine or box. magazines and boxes 522. (1) The duplicate or a photostat copy of the original of the licence, authorisation or sanction issued in respect of any magazine shall be posted in such magazine behind glass or other suitable transparent material in such a position as to be at all times clearly visible. Exhibition and cancellation of licences, authorisations and sanctions

(2) The duplicate or a photostat copy of the original of the authorisation issued in respect of any box shall be affixed at all times to the inside of the lid of such box. (3) An Inspector of Explosives may at any time cancel any licence, authorisation or sanction if(a) the holder of such licence, authorisation or sanction has been

convicted of any offence in relation to the storage or use of explosives; or (b) the conditions of such licence, authorisation or sanction have not been complied with. (4) Any person aggrieved by any cancellation of a licence, authorisation or sanction may appeal against such cancellation in the manner prescribed in section six of the Act. 523. No person shall erect any magazine anywhere in the Republic in Permission of an area controlled by a local authority without first obtaining written local authority permission from such authority. The original or photostat copy of such permission shall be forwarded to the Chief Inspector with the information required under regulation 525. 524. (1) The safety distances of any licensed magazine, authorised Safety distances magazine or authorised box shall conform to the requirements specified in the Second Schedule. (2) The safety distances of any licensed magazine, authorised magazine or authorised box containing electric detonators shall conform to the requirements specified in the Fourth Schedule. 525. (1) Detailed plans, specifications and site plans of any magazine Plans to be including the fencing required by regulation 527 shall be submitted in approved duplicate to the Chief Inspector for his approval before the construction of such magazine is commenced. (2) Modifications or extensions to any existing magazine shall only take place after the prior approval of the Chief Inspector has been obtained. 526. Every licensed magazine shall be protected by a mound completely surrounding it which may be either an earth embankment, or, with the prior approval of the Chief Inspector, an earth-filled wall and every such embankment or wall shall be maintained in good condition and shall comply with the following specifications, that is to say: (a) earth embankments shall beMounds

(i)

at least as high as the eaves of the roof of the building;

(ii) at least one metre broad at the top and have their exterior slope at the natural angle of repose of earth; (ii) at a distance of not more than one metre from the building at ground level; (b) (i) (ii) earth-filled walls shallbe at least as high as the eaves of the roof of the building; be at least one metre broad at the top;

(iii) consist of facings of corrugated iron sheets or other suitable material which shall slope towards the top of the wall, be tied together by mild steel tie bars of not less than ten millimetres diameter and the space between the facings filled with earth; (iv) be at a distance of not more than one metre from the building at ground level; (c) all metallic parts of any mound shall be connected to the lightning protection system required to be provided by regulation 118: Provided that, where any such magazine by virtue of its position is naturally protected by the surrounding terrain, the Chief Inspector may grant exemption from the whole or part of this regulation. 527. Each licensed magazine and authorised magazine and as much of Fencing the surrounding land as the Chief Inspector may direct shall be fenced, and each such fence shall be constructed to the following specifications, that is to say: (a) (b) (c) fence posts shall be of steel or concrete; the wire mesh of such fence shall be of a substantial gauge; the fence shall be a minimum of two point five metres in height;

(d) a padlock of substantial size or a lever type lock shall be used to secure the entry gate.

528. Every fence surrounding a magazine area shall display a notice on Warning the entry gate bearing the words "DANGER, EXPLOSIVES notices MAGAZINE" and "UNAUTHORISED PERSONS PROHIBITED" and "NO SMOKING" painted in red on a white background and every notice so displayed shall be maintained in good condition. 529. In every fenced area enclosing any magazine, the number of persons authorised to enter such area shall be kept to the absolute minimum, and an authorised person within the meaning of this regulation shall be a person authorised by the holder, who has business to do with the explosives stored therein or with the maintenance of any magazine therein. Persons entering fenced areas

530. The holder of any licensed magazine or authorised magazine shall New inform the Chief Inspector by the quickest means possible of the construction construction or proposed construction of any new building, new road, new power line or any other new works which reduces any safety distance applicable to such magazine. 531. At the discretion of the Chief Inspector or at the request of the Zambia Police Force and upon instructions in writing to that effect, security guards may be required to be on duty at any magazine day and night as long as there are explosives stored therein. 532. (1) Any magazine on the surface used for storage of more than five cases of twenty-five kilograms of nitro-compounds or blasting agents or for more than fifteen thousand detonators shall be referred to in these Regulations as a licensed magazine. The licence for such magazine shall be in the Form 9 set out in the Third Schedule and shall specify the nature and maximum amount of explosives that may be stored therein and may contain such other special conditions as the Chief Inspector may impose. No explosives shall, except with the written permission of the Chief Inspector, be stored to a greater amount or quantity than the licence specifies, and it shall be the duty of the holder to ensure that the conditions asstipulated on the licence and the requirements of these Regulations relating to such storage are complied with. (2) The fee payable in respect of such licence shall be five hundred fee units. Security guards

Licensed magazines: General conditions

(As amended by Act No. 13 of 1994) 533. (1) Every licensed magazine shall be a substantial building of which the roof, walls and floor have been made properly secure against unlawful entry, and "properly secure" in this context means that such building is either under permanent supervision by a security guard or that it is of such construction that in an unguarded state it is considered by the Chief Inspector to be by virtue of its construction secure. (2) Where the roof, walls or floor include reinforcing, such reinforcing shall be connected to the lightning protection system required to be provided by regulation 118. 534. Except with the prior approval of the Chief Inspector and under such conditions as he may impose, every licensed magazine shall(a) have its walls constructed of burnt brick, masonry, concrete blocks or concrete and the interior surface of every such wall shall be smooth finished with cement plaster; (b) not have any windows; (c) have the floor constructed of impermeable material and such floor shall be at least one hundred and fifty millimetres above ground level and, where such magazine is licensed for more than one thousand cases of twenty-five kilograms of explosives and explosives are to be loaded into or unloaded from any road vehicle or rail truck, the floor of such magazine shall be so arranged that it is level with the floor of any such vehicle or truck; (d) have the roof constructed of wood or steel principals covered with asbestos roofing sheets or other approved materials; (e) have a ceiling constructed of heat insulating and non-inflammable material with adequate ventilation above it or a wire mesh of substantial gauge; (f) where any magazine is licensed for the storage of more than one thousand cases of twenty-five kilograms of explosives, have two separate chambers, namely, a storage chamber and an entrance lobby through which alone access can be had to the storage chamber; (g) have, at the entrance, a door or double doors, opening outwards, made of steel lined with timber on the inside or made of stout timber faced with steel on the outside and, where the hinges are bolted to the door, have the nuts on the inside and be equipped with two locks of a type approved by the Chief Inspector; Licensed magazine: Construction requirements Licensed magazine to be a substantial building

(h) have adequate drainage to conduct water away from the magazine; (i) have no exposed iron or steel on the inside excepting the wire mesh ceiling permitted to be installed under paragraph (e); (j) have adequate ventilation. Licensed magazine: Equipment requirements

535. Except with the prior approval of the Chief Inspector and under such conditions as he may impose, every licensed magazine shall be equipped with(a) where necessary, partitions and shelves made of timber with all nails and screws countersunk with no exposed metal fittings except of non-sparking material; (b) duck boards or runners of wood or other approved material upon which the cases or cartons of explosives shall be stored: Provided that where the explosives to be stored are blasting agents in bags or sacks such explosives may be stacked with the bottom layer placed directly onto the floor; (c) a maximum celsius thermometer which shall hang inside the magazine and readings shall be taken and recorded as the occasion demands; (d) at least two fire extinguishers of an approved type which shall be kept in a readily accessible position outside such magazine and maintained in good working order; (e) (f) soft brushes and brooms with no metal fittings; at least one hand lamp or light of an approved type;

(g) sufficient tools necessary for opening cases or cartons of explosives which shall only be made of wood, copper, brass or other non-sparking materials, except that a screwdriver made of iron or steel may be kept in such magazine when wooden cases are to be opened as provided for in regulation 816. 536. Explosives stored in any licensed magazine shall beLicensed magazine: Manner of storing explosives

(a) stored on the duck boards, runners or shelves required to be provided in accordance with paragraphs (a) and (b) of regulation 535; (b) stacked only to a height of not more than one point eight three metres and such height shall be delineated by a red line painted along each of the walls of the storage chamber;

(c) when first received into such magazine, clearly stamped with the date of receipt; (d) stacked in such manner that the date of receipt and the date of manufacture are clearly visible; (e) issued in rotation, that is to say, where explosives are of the same type and size, those stamped with the earliest date of manufacture shall be issued first; (f) issued only upon production of a written order signed by a person authorised by the holder to make such order. 537. All doors, ventilators and all other metal fittings of a licensed magazine, including any reinforcing within the walls, floor and ceiling shall be effectively bonded to the lightning protection system required to be provided in accordance with regulation 118. 538. The lightning protection system required to be provided by regulation 118 shall be thoroughly examined and tested at least once a year not earlier than the 1st July and not later than the 30th September by a competent person. The results and dates of such examination and test shall be recorded in the magazine register by the competent person carrying out such examination and test. 539. (1) Any magazine on the surface used for the storage of five cases each of twenty-five kilograms or less of nitro-compounds or blasting agents or fifteen thousand detonators or less shall be referred to in these Regulations as an authorised magazine. The authorisation for such magazine shall be in the Form 10 set out in the Third Schedule, and shall specify the nature and maximum amount of explosives which may be stored and may contain such other special conditions as the Chief Inspector may impose. No explosives shall, except with the written permission of the Chief Inspector, be stored to a greater amount or quantity than the authorisation specifies, and it shall be the duty of the holder to ensure that the conditions as stipulated on the authorisation and the provisions of these Regulations relating to such storage are complied with. (2) Any authorised magazine may be either portable or static. (3) Any person intending to construct an authorised magazine shall apply in writing to the Chief Inspector for specifications and plans of Licensed magazine: Lightning protection Licensed magazine: Inspection of lightning protection system Authorised magazines: General conditions

such magazine and he shall, together with such application, submit two site plans for approval. (4) When any portable authorised magazine is required to be moved to a new site, site plans in duplicate of such new site shall be submitted and approved before such move takes place. (5) The requirements under paragraphs (b), (d) and (e) of regulation 535 and paragraphs (c), (d) and (e) of regulation 536 shall apply to any authorised magazines: Provided that only one approved type fire extinguisher shall be required. (6) The fee payable in respect of such authorisation shall be two hundred fee units. (As amended by Act No. 13 of 1994) 540. (1) Any magazine on the surface used for the storage of two cases Authorised of twenty-five kilograms of nitro-compounds or blasting agents or less boxes: General conditions or five hundred detonators or less shall be referred to in these Regulations as an authorised box. The authorisation for such box shall be in the Form 12 set out in the Third Schedule, and shall specify the nature and maximum amount of explosives which may be stored and it may contain such other special conditions as the Chief Inspector may impose. No explosives shall, except with the written permission of the Chief Inspector, be stored to a greater amount or quantity than the authorisation specifies, and it shall be the duty of the holder to ensure that the conditions as stipulated on the authorisation and the provisions of these Regulations relating to such storage are complied with. (2) Any person intending to construct an authorised box shall apply in writing to the Chief Inspector for specifications and plans of such box. (3) Under no circumstances shall any authorised box containing explosives be situated in any building used as a dwelling-house. (4) The fee payable in respect of such authorisation shall be fifty fee units.

(As amended by Act No. 13 of 1994) 541. The total quantities of explosives that may be storedunderground Storage of at any mine or works shall not exceed seventy-two hours' probable explosives consumption for nitro-compounds andblasting agents and six days' underground probable consumption for detonators and such explosives shall only be stored in magazines or boxes. 542. (1) Any magazine underground used for the storage of fifty cases each of twenty-five kilograms or less of nitro-compounds or blasting agents or twenty thousand detonators or less shall be referred to in these Regulations as a sanctioned magazine. The sanction for such magazine shall be in the Form 11 set out in the Third Schedule, and shall specify the nature and maximum amount of explosives which may be stored and it may contain such other special conditions as the Chief Inspector may impose. No explosives shall, except with the written permission of the Chief Inspector, be stored to a greater amount or quantity than the sanction specifies, and it shall be the duty of the holder to ensure that the conditions as stipulated on such sanction and the provisions of these Regulations relating to such storage are complied with: Provided that a magazine for storage of explosives in excess of the maximum quantity specified in this sub-regulation may be sanctioned by the Chief Inspector. (2) A sanctioned magazine shall be(a) situated in dry competent ground; Sanctioned magazines: General conditions

(b) situated at least four metres from any place in which persons regularly work or travel; (c) provided with a floor of impermeable material with provision for suitable drainage; (d) provided with a wall, where necessary, of concrete, concrete blocks or bricks at least one hundred and fifty millimetres in thickness; (e) provided with a substantial door of wood or of steel lined with wood or other approved material fitted with an approved lock and a

notice bearing the words "DANGER, EXPLOSIVES MAGAZINE, NO SMOKING" painted on the outside; (f) provided with shelves of wood with all nails and screws countersunk and there shall be no exposed metal fittings except of non-sparking materials; (g) provided with adequate ventilation, which shall either be a through current of air or a compressed air line of not less than twenty-five millimetres inside diameter; (h) provided with a fire extinguisher of an approved type hung on a bracket outside the magazine. (3) Explosives stored in any sanctioned magazine shall be(a) stored on shelves;

(b) when first received into the magazine clearly marked with the date of receipt as well as the stamped date required under paragraph (c) of regulation 536; (c) stored in such a manner that the marked dates are clearly visible;

(d) issued in rotation, that is to say, where explosives are of the same type and size, those stamped with the earliest date of manufacture shall be issued first; (e) be removed only from such magazine in such quantities as are required for immediate use: Provided that explosives for only one day's use may be removed for storing in underground storage boxes. (4) The fee payable in respect of such sanction shall be fifty fee units. (As amended by Act No. 13 of 1994) 543. (a) Any underground box used for the storage of explosives shallnot be used to store more than two cases of twenty-five Underground storage boxes:

kilograms of nitro-compounds or blasting agents or five hundred detonators; (b) be of sound construction and if constructed of steel be lined with wood or other approved material so that there is no exposed metal on the inside; (c) be equipped with an approved type of lock; (d) be kept at a safe distance from any blasting operation in a dry and secluded place and in good repair and condition; (e) be painted red and each box shall be labelled according to its contents and shall be numbered; (f) only contain one type of explosive to each box.

General conditions

544. Not more than six boxes of explosives shall be grouped together in any one place and any box containing detonators shall be positioned at least ten metres away from any box containing any other explosives. 545. A register showing the number, class of contents and position of each underground box shall be kept by the holder.

Location of underground storage boxes Register of underground storage boxes

546. (1) Explosives issued for use shall be used within six months from Explosives to the date of manufacture thereof and the detonators and blasting initiators be used within may be stored for such periods of time as the Chief Inspector may six months determine. (2) The holder shall ensure that any explosives not issued for use or issued for use but not used within six months of the date of manufacture thereof, or any other time specified for their use but not used within such time, shall be reported to the Chief Inspector, who may, after inspection thereof, permit the issue or use of such explosives under such conditions as he may impose. (3) For the purpose of this regulation the date of manufacture is the date required to be stamped on any case or carton in accordance with sub-regulation (2) (f) of regulation 270. 547. Where any magazine or authorised box is not required to be used Notification of for the storage of explosives for an indefinite period, or permanently, the closure of

holder shall cause all explosives to be removed from such magazine or box and shall give written notice of the removal thereof to the Chief Inspector within fourteen days of such removal.

magazine

PART VI IMPORTATION, EXPORTATION, SALE, PURCHASE OR ACQUISITION

601. No person shall import, export, purchase, sell, acquire or be in possession of explosives otherwise than in accordance with these Regulations. Application

602. No person shall import into or export from or cause to be Importation and imported into or exported from the Republic any explosives without the exportation to written authority of the Chief Inspector. be authorised 603. The transportation of any explosives from a place outside of the Republic through the Republic directly to another place outside of the Republic shall not be deemed to be importation or exportation, but any such explosives in transit shall only be of a type approved by the Chief Inspector and these Regulations and any special conditions the Chief Inspector may deem fit to impose shall apply to all such explosives in transit. 604. No permit to purchase, acquire and possess explosives shall be issued to any person under the apparent age of twenty-one years. Explosives in transit through the Republic

Persons under twenty-one years Permit to purchase, acquire and possess: Procedure

605. (1) Before any explosives may be purchased, acquired or possessed by any person, such person shall make an application to an Inspector of Explosives in the Form 1 set out in the Third Schedule.

(2) Upon receipt of an application to purchase, acquire or possess

explosives the Inspector of Explosives receiving such application shall satisfy himself that the person making such application either(a) holds a valid licence or authorisation to store explosives; or

(b) presents a letter from the holder of a valid licence or authorisation to store explosives stating that he has permission to store the explosives for which he is applying in such holder's magazine or box; or (c) is a blasting licence holder or employs a blasting licence holder and that the explosives for which application is being made will be used, and if not used, destroyed on the day such explosives are purchased, acquired or possessed and such person shall have the same responsibilities as a holder has under these Regulations. (3) Having satisfied himself that the person making the application is a fit person to purchase, acquire and possess explosives, the Inspector of Explosives shall issue a permit to purchase, acquire or possess explosives in the Form 2 set out in the Third Schedule. (4) The original of the permit shall be sent to the supplier of the explosives and such supplier shall not supply any such explosives until he has such original in his possession and such original shall be retained by him for a period of twelve months from the date of issue of the permit. (5) The duplicate and the triplicate of the permit shall be given or sent to the applicant. (6) The applicant, or such competent person as he may authorise in his place, shall produce such duplicate to the person who is to supply such explosives and upon receiving such explosives such applicant or competent person shall retain in his possession such duplicate during the time he is transporting such explosives. (7) When the explosives have been stored in a magazine or box or have been used on the day of purchase the applicant shall send the triplicate of the permit to the Chief Inspector forthwith.

(8) No further application to purchase, acquire or possess explosives will be considered from any applicant who fails to return the triplicate to the Chief Inspector. 606. (1) The Chief Inspector may, at his discretion, issue to the holder Open permits: of a licensed magazine an open permit in writing to purchase, acquire or General possess explosives. conditions (2) Every holder of an open permit to purchase, acquire or possess explosives shall, where practicable, order such explosives in full rail truck units only. (3) The holder of such permit shall render monthly explosives returns to the Chief Inspector on or before the fifteenth day of the month following that to which they relate. (4) Such returns shall be rendered in the Forms 20, 21 and 22 set out in the Third Schedule. (5) The Chief Inspector may, at any time, revoke such permit. 607. Any person employed by a holder may have in his possession explosives to which any permit to purchase, acquire or possess or any licence, authorisation or sanction issued to such holder relates: Provided that he has possession of the explosives in the course of his employment and he is deemed competent by the holder to use, handle, store, manufacture or transport such explosives in accordance with these Regulations. Employee may possess explosives

PART VII UNLAWFUL POSSESSION, HIDING AND ABANDONING OF EXPLOSIVES

701. The holder shall report forthwith in writing any theft, attempted theft or loss of any explosives held by him under any permit, licence, authorisation or sanction to the following persons, namely: (a) the senior police officer of the district in which such theft, attempted theft or loss occurred; and (b) the Chief Inspector.

Theft or loss of explosives to be reported

702. No person shall bury, submerge or otherwise secrete or abandon any explosives, nor shall any person store or leave explosives unattended in such a manner or for such a period that it is possible for unauthorised persons to have access thereto. 703. No person shall break or force or tamper with any lock of any magazine, box or rail truck containing explosives without the written permission of the holder or an officer specified in section eleven of the Act.

Secretion and abandonment of explosives

Tampering with locks of magazines and storage boxes

704. No person shall take away or attempt to take away from any mine, Explosives not to be taken explosives factory or works any explosives without the written away permission of the holder.

PART VIII USE OF EXPLOSIVES

801. No person shall use any explosives otherwise than in accordance Application with these Regulations, or except for the purposes and at the places specified in any permit issued in respect thereof. 802. No person shall, unless he is the holder of a blasting licence Blasting licence issued in accordance with these Regulations, cap a fuse with a detonator, holder to carry make a primer, press home, tamp or fire any charge or conduct any out blasting blasting operation: Provided that the holder of a blasting licence may be assisted in any of the aforementioned operations by one or more reliable persons, who are

not themselves the holders of a blasting licence, acting under his direct supervision, and in that event such holder shall take all reasonable precautions to prevent any accident occurring to any such persons through their ignorance, inexperience or recklessness. 803. No person shall conduct any blasting operation on the surface at Blasting any mine, explosives factory or works between the hours of sunset and operations at sunrise except for the purpose of blasting a hang-up at any ore or waste night bin, grizzly or crusher. Blasting licence 804. (1) An Inspector of Mines may, after examination and at his discretion, issue a blasting licence in the Form 7 set out in the Third Schedule, to a person experienced in the use and handling of explosives, and such licence may be endorsed by the Inspector with any special restriction as to the purpose, place or period of use, and a copy of every such licence shall be retained in the office of the Chief Inspector. (2) A person shall be considered to be experienced in the use and handling of explosives when upon a written application to the Chief Inspector he can prove that he has completed satisfactorily a course of training and has gained the necessary experience in the use and handling of explosives to the satisfaction of the Chief Inspector. (3) Any applicant for a blasting licence shall have reached the apparent age of twenty-one years. (4) Any application for a blasting licence, which shall be made in the Form 6 set out in the Third Schedule, together with two recent photographs of the applicant and his National Registration Card shall be submitted to the Inspector of Mines who is to carry out the examination of such applicant. (5) Any applicant who is required to submit to an examination for a blasting licence shall pay, in respect of such examination, a fee of twenty fee units. (6) Upon the issue of a blasting licence the licensee shall pay a fee of thirty fee units and be issued with a licence in the Form 7 set out in the Third Schedule.

(7) An Inspector of Mines shall give a receipt of any applicant making a payment required under sub-regulation (5) which shall be made in the Form 8 set out in the Third Schedule. (8) Every fee received under this regulation shall be paid into the general revenues of the Republic by the Inspector of Mines issuing the licence. (9) Any blasting licence issued under this regulation shall remain in force for a period of five years from the date of issue and may be renewed for such further periods as the Inspector of Mines may think necessary but not exceeding five years and under restrictions as the Inspector of Mines may endorse thereon. (As amended by S.I. No. 72 of 1979 and Act No. 13 of 1994) Suspension of 805. (1) If at any time the holder of a blasting licence shall, in the blasting licence opinion of his employer, be guilty of an act of negligence, or of a contravention of these Regulations or has a disability rendering him unfit to conduct blasting operations, such employer shall immediately suspend the holder of such licence from conducting blasting operations and shall forthwith report any such suspension to the Chief Inspector for such action as the Chief Inspector may consider necessary. (2) Any person aggrieved by any decision given by the Chief Inspector may appeal against such decision and any such appeal shall be made in the manner prescribed in section six of the Act. 806. (1) If at any time the holder of a blasting licence shall, in the Cancellation of opinion of an Inspector of Explosives, be guilty of an act of negligence blasting licence or of a contravention of these Regulations or has a disability rendering him unfit to conduct blasting operations such Inspector may immediately suspend or cancel such licence. In the event of suspension or cancellation such holder of the blasting licence shall have the right to appeal from such decision to the Chief Inspector who may take such action thereon as he may consider necessary. (2) Any person aggrieved by any decision given by the Chief Inspector may appeal against such decision and any such appeal shall be made in

the manner prescribed in section six of the Act. 807. (1) Upon the engagement of any employee to carry out work for Employer to which a blasting licence is required under these Regulations or upon any retain blasting employee obtaining a blasting licence, his employer shall call in and licence take charge of such employee's licence during the period of his employment on such work. (2) Upon the termination of such employment the employer shall return the blasting licence to the licensee. (3) In the event of the death of the holder of a blasting licence the employer shall forthwith return the licence to the Chief Inspector. (4) In the event of a suspension imposed in accordance with regulations 805 and 806 or a cancellation imposed in accordance with regulation 806, the licence shall be returned to the Chief Inspector who shall retain it for the period for which the licence is suspended and during the period of the determination of any appeal. (5) After the period of suspension has terminated or in the event of an appeal a decision is made in favour of the licensee the Chief Inspector shall return the licence to the employer. 808. It shall be an offence for any person to transfer or accept transference of any blasting licence. 809. A blasting licence shall not be valid until(a) the licensee has signed his name or, if illiterate, has impressed his thumbprint thereon; (b) the licence has been endorsed with the official stamp and seal of the Ministry of Mines and signed by the Inspector of Mines who examined the licensee; and (c) the National Registration Number of the licensee has been recorded thereon. 810. (1) The loss of any blasting licence shall, as soon as possible after Replacement of Blasting licence not transferable Blasting licence to be signed

the discovery of such loss, be reported to the Chief Inspector by the licensee or the employer, as the case may be. (2) The Chief Inspector may, after calling for a written statement with regard to the circumstances in which the loss occurred, issue a replacement of any blasting licence if satisfactory evidence of identification has been produced by the licensee, and the fee in respect of such replacement shall be thirty fee units. (As amended by Act No. 13 of 1994) 811. (1) No person shall fasten any detonator to safety fuse except by means of approved crimping pliers or a crimping machine supplied by the holder for that purpose. (2) A detonator when fastened to safety fuse by these approved means shall within the meaning of these Regulations be termed a capped fuse.

blasting licence

Fastening detonator to fuse

812. (1) Any capped fuse, detonating fuse or electric detonator shall be Primer cartridges inserted into a blasting cartridge in an approved manner and shall be securely fastened to such blasting cartridge by means of string or any other means approved by the Chief Inspector so that such capped fuse, detonating fuse or electric detonator cannot be inadvertently withdrawn from the blasting cartridge: Provided that, where such capped fuse or electric detonator and a blasting cartridge is being used to fire a secondary blast on a grizzly, the capped fuse or electric detonator shall not be securely fastened to the blasting cartridge but the fuse of such capped fuse or the wire of such electric detonator may be draped around or secured to the grizzly so as to ensure, as far as is reasonably practicable, that should the blasting cartridge move for any reason whatsoever from its position then such capped fuse or electric detonator will be separated from such blasting cartridge. (2) Any capped fuse, detonating fuse or electric detonator inserted into a blasting cartridge in the manner specified in sub-regulation (1) shall within the meaning of these Regulations be termed a primer cartridge. 813. Any primer cartridge used to fire a "bomb" comprised of blasting Position of

cartridges attached to a stick used to position such bomb shall have the primer cartridge primer cartridge securely placed in the middle of such bomb in such a manner that it will be, as far as is reasonably practicable, protected from contact with rock or other material during the period when such bomb is being placed in position. 814. No person shall prepare more primer cartridges than are required Primer for immediate use and under no circumstances shall any primer cartridges not to cartridge be stored. be stored 815. (1) No person shall charge any hole with any explosive that has been blown out of a hole or any loose explosive discovered in any rock pile subsequent to a blast. (2) No person shall charge any hole with any explosive that has been washed out or scraped out of a hole. (3) No person shall use for any purpose whatsoever any explosive which, in the opinion of a blasting licence holder or an Inspector of Explosives, is in a deteriorated state. (4) Any person finding any explosive of any description whatsoever lying about shall immediately report such find to the holder of a blasting licence, who shall collect such explosive, examine it as to its condition which if he finds it to be good shall convey it or cause it to be conveyed to a place of storage but if he finds it to be in a deteriorated state he shall take the necessary action specified in sub-regulation (5). (5) The discovery of deteriorated explosives shall be reported to the shiftboss or a more senior official forthwith who shall decide the manner in which it shall be destroyed. 816. No person shall use or allow any subordinate to use any Opening cases implement except made of or from wood or non-sparking material when of explosives opening cases containing explosives except that when lids of wooden cases are screwed down an iron screwdriver may be used to withdraw the screws but for no other purpose. 817. No person shall break or cut any blasting cartridge, nor shall he, Wrappers not to Blown out explosives not to be used again

except when preparing a cartridge for the insertion of a detonator or be removed detonating fuse, open, interfere with or remove the wrapper around any such cartridge. 818. No person shall charge or attempt to charge any hole which is not Explosives not of sufficient size to admit freely the explosives together with any fuse if to be forced into used into any such hole and neither shall he hit nor forcibly press nor holes ram any explosives into any hole. 819. No person shall remove explosives from any hole unless such person is the holder of a blasting licence: Explosives not to be removed from holes

Provided that a person undergoing a course of training prior to being examined for a blasting licence may remove such explosives but only under the direct supervision of the holder of a blasting licence, who is responsible for such person during his training. 820. No person shall use as tamping any material other than water, fine Tamping sand or clay unless such material has been approved by the Chief Inspector. 821. No person shall, except with the prior written approval of the No tamping Chief Inspector and subject to such conditions as he may deem fit to between impose, insert tamping between blasting cartridges or space load or deck cartridges charge any hole. 822. No person shall use any implement except one made of or from wood or other approved material when charging or tamping holes. Tamping rods

823. No person shall remove the tamping from any hole except for the Tamping not to purpose of treating misfires in accordance with sub-regulation (1) (c) of be removed regulation 837. 824. (1) Any plug used for the plugging of sockets or misfired holes shall be of a type approved by the Chief Inspector. (2) No person other than the holder of a blasting licence shall remove Plugs

the plug from a socket or a misfired hole: Provided that a person undergoing a course of training necessary prior to being examined for a blasting licence may remove such plug but only under the direct supervision of the holder of a blasting licence, who is responsible for such person during his training. 825. No person shall pump out any misfired hole containing an electric Pumping of detonator: misfired holes containing electric detonators prohibited Provided that, in operations at the sinking face of a shaft where an inert wax primer is placed at the bottom of a charged hole, such charge including the primer may be pumped out. Distance of (a) in any development end or similar confined space, drill any hole drilling from or permit such hole to be drilled so as to approach within three metres of misfired holes any hole containing explosives or any misfired hole; 826. No person shall(b) in any stope, bench or open cast face drill any hole or permit such hole to be drilled so as to approach within two metres of any hole containing explosives or any misfired hole. 827. (1) No person shall deepen or allow any subordinate to deepen any Deepening of hole that has at any time contained explosives nor allow it to be used for holes that have any other purpose whatsoever: contained explosives forbidden Provided that any such hole may be recharged and blasted after it has been left to cool for at least four hours or else thoroughly washed out with water. (2) No person shall deepen or cause or permit any subordinate to deepen any hole which has been partially drilled until he has ascertained by personal examination that such hole does not contain explosives.

828. No person shall drill or cause or permit any subordinate to drill Distance of any hole within one hundred and fifty millimetres of any socket or allow drilling from such hole to be pitched so as to approach within one hundred and fifty sockets millimetres of any such socket. 829. No person shall drill any hole unless the exact position and direction of such hole has been pointed out and where possible marked with chalk or other suitable material by the person in charge, and no person shall deviate from such position Marking of position of holes

Making safe 830. No person other than the person in charge or an official in the course of his duties shall remain or be permitted to remain in a position misfired holes where his safety may be endangered whilst any misfire or hole containing explosives is being rendered safe: Provided that the person in charge may be assisted in rendering a misfired hole or a hole containing explosives safe by one or more reliable persons who are not the holders of blasting licences acting under his direct supervision and the person in charge shall take all reasonable precautions to prevent any accident occurring to such persons through their ignorance, inexperience or carelessness, and such reliable persons shall include any person undergoing a course of training prior to being examined for a blasting licence. 831. (1) The manager of any mine or works shall cause a schedule of times to be arranged during which all primary blasting in any part of a mine or works shall take place and he shall ensure that any blasting in one part shall not expose any person to danger in any other part. No alteration or amendment to such schedule shall be made less than one hour or more than twenty-four hours before the commencement of the first shift to which such alteration or amendment applies: Provided that, in case of an emergency in order to prevent danger to life or property, such manager may temporarily alter or amend such schedule and he shall ensure that every official and person in charge concerned is notified of such alteration or amendment. (2) The mine captain or more senior official in charge of any section of Primary blasting schedules

the mine or works shall arrange within the period scheduled for his section the specific times at which primary blasting shall take place in each working place or group of working places in his section, and no person shall carry out any primary blasting except at such times: Provided that, in case of an emergency in order to prevent danger to life or property, such mine captain or official may alter or amend those specific times within the period scheduled for his section, in which case he shall ensure that every person concerned is notified of any such alteration or amendment. (3) The schedules required by sub-regulations (1) and (2) shall be so arranged as to prevent any person, as far as is reasonably practicable, being exposed to any danger from such blast from flying debris, dust or fumes and shall be posted on the surface where they can be easily seen before the commencement of the shift by every person concerned. (4) After primary blasting has taken place no person shall enter, or cause or permit any subordinate to enter, any part of the mine or works where he might be endangered as a result of such blast until after the expiry of the re-entry period as prescribed in the schedule required by virtue of sub-regulation (6). (5) If, in the opinion of the Chief Inspector, any re-entry period is insufficient for the removal of dust or fumes which might occur, there shall be substituted such longer period as he may in writing require. (6) A schedule showing the re-entry periods for the different parts of the mine or works shall be posted on the surface where it can easily be seen at any time by every person concerned. (7) The manager shall ensure that a clock is placed immediately adjacent to the schedules required to be posted by sub-regulation (3) so that any person concerned with such schedules can, before commencing work, synchronise his watch with the time shown by such clock and each such clock shall be maintained in good working order whenever such schedules are in force. 832. (1) Where secondary blasting operations at a mine or works are Control of

deemed to be necessary, the manager shall ensure that there is in force a secondary scheme for the systematic control of all such secondary blasting and blasting such scheme shall ensure that any such secondary blasting in any part of the mine or works shall not expose any person to danger in any other part. (2) A schedule showing the re-entry period after secondary blasting in any part of the mine or works shall be posted on the surface where it can be easily seen at any time by every person concerned. (3) No person shall enter or cause or permit a subordinate to enter any place where secondary blasting has occurred until the expiry of the re-entry period scheduled for that place. (4) If, in the opinion of the Chief Inspector, any re-entry period is insufficient for the removal of dust or fumes which might occur, there shall be substituted such re-entry period as he may in writing require. 833. A blasting licence holder shallDuties of blasting licence holder

(a) satisfy himself that before charging any drill hole with explosives such drill hole is clean; (b) during any charging operation be responsible for the safety of any person assisting him in such operation, and all other persons not engaged in assisting him shall be removed by him to a safe place so as to ensure that such persons are not endangered by such operation excepting that a shiftboss or more senior official in the course of his duties may remain; (c) charge any holes to be blasted at primary blasting time only within a reasonable time before blasting and, if such charged holes for any reason whatsoever are to be left unattended before being blasted, shall cause all entrances to that place where such holes are situated(i) to be effectively barricaded and each such barricade shall be clearly marked "CHARGED UP AREA, NO ENTRY" so as to prevent any person inadvertently entering such place; or (ii) to be effectively guarded;

(d) prepare any charges for secondary blasting only in accordance with these Regulations and such charges shall be blasted immediately after they have been prepared and shall at no time be left unattended;

(e) before blasting any charges cause all entrances to the place or places where such charges are to be blasted or places where the safety of persons may be endangered by such blasting to be effectively guarded either by means of the erection of suitable barricades and notices or, when this is not practicable, by the placing of persons to act as guards so as to prevent inadvertent access to such place or places whilst such charges are being blasted, excepting that, at any mine or works where the primary blasting schedule referred to in regulation 831 requires that such mine or works or any part thereof be cleared of persons so as to ensure that no person shall avoidably be exposed to any danger from such blast from flying debris, dust or fumes or any other cause arising from such primary blast, the placing of guards need not apply to such mine or works or such part thereof; (f) when he is required by any of these Regulations to place guards ensure that such guards fully understand their duties as specified in regulation 851; (g) when ready to blast any charged hole and before blasting such hole shall himself at least three minutes before blasting such hole give or cause his assistants to give due warning in every direction by means of the accepted warning system and by shouting "Fire" or "Cheesa" and shall satisfy himself by personal examination that no person except those assisting him in blasting operations shall remain where he might be exposed to danger from such blasting operations and shall take all reasonable precautions to safeguard his assistants from any accident due to such blasting operation; (h) except in the case of blasting by means of electricity or where the number of holes being blasted renders it impracticable to do so, count, in conjunction with at least one other person, the number of shots exploding, and unless both he and such other person are certain that all the shots have exploded shall not enter or allow any person to enter the place in which such shots have been blasted until the expiration of thirty minutes from the time of the fuses being lit or until after the re-entry period scheduled for that place has expired whichever is the greater; (i) before blasting any explosive charge not contained in a hole, cover such charge completely with mud, clay or other suitable material excepting that this shall not apply when an explosive charge affixed to the end of a pole is positioned for the purpose of blasting a hang-up or any other similar operation; (j) in the case of primary or secondary blasting by means of electricity and where no explosion has occurred, remove and isolate the connections to the source of electricity and wait three minutes before entering the place where the charges are positioned:

Provided that where electrical means are used to ignite safety fuse, igniter cord or other similar slow burning fuses then such waiting period shall be extended to thirty minutes; (k) report to the person relieving him from duty and to his immediate superior the following: (i) any misfired hole in his working place;

(ii) any area charged up that has been treated by him in accordance with paragraph (c); (iii) that all unused explosives issued to him have been returned to safe storage excepting those explosives which are permitted to be left unstored and unattended in accordance with sub-regulation (5) of regulation 840; (l) ensure that any explosives taken into a working place for use in charging and blasting operations shall, prior to being used, be kept in a safe place at a reasonable distance from any drilling or other operation so as to ensure that such explosives are not exposed to hazard from such operation; (m) not enter, or permit or instruct any subordinate to enter, a place where charges have been blasted until the fumes and dust caused by the blast shall have been dispelled; (n) not approach, or permit or instruct any subordinate or other person to approach, a place where a misfired charge is known or suspected to have occurred for at least thirty minutes from the time of lighting the fuses; (o) ensure that the operation of capping fuses shall be done at a safe place; (p) keep in authorised boxes, underground storage boxes, sound unopened boxes of origin or approved containers all explosives issued to him until such explosives are required for use; (q) keep all authorised boxes or underground storage boxes under his charge locked and keep the keys on his person whilst at work and only unlock such boxes for the purpose of placing explosives therein or removing the same therefrom; (r) not permit any implements, tools or any other material to be placed in any authorised box or underground storage box whether such box contains explosives or not; (s) not permit any explosives or flammable material to be left lying about in close proximity to any magazine, authorised box or

underground storage box. 834. When blasting by means of electricity, the blasting licence holder Electrical shallblasting (a) after he has connected the blasting cable to the detonator wires of any charge and before making the connection between the blasting cable and the source of electricity, ensure that all persons have been removed to a place of safety; (b) disconnect the blasting cable from the source of electricity before making any examination of the blasting circuit; (c) only use a blasting cable approved in accordance with regulation 835 which is in good order and of sufficient length to provide for the firing of the charge from a safe distance and ensure that the blasting cable shall not be in contact with any other electrical cable or electrical apparatus; (d) carry with him at all times whilst he is at work the operating handle or key of the exploder, or, if such handle or key cannot be removed or some other type of blasting apparatus is used, carry with him the key of the locking arrangement for securing the exploder or other blasting apparatus against unauthorised use, or, when the exploder is sufficiently small to be carried in the pocket, always carry such exploder in his pocket except when it is in use to initiate a charge; (e) connect the blasting cable to the detonator wires of any charge only after he has completed all blasting preparations; (f) not at any time apply any electrical test to the blasting circuit until all approaches to the area in which such test is to take place are guarded and all persons are removed from such area; (g) not apply any electrical test to the blasting circuit except through the blasting cable and from a place of safety; (h) not connect the blasting cable to the terminals of the exploder or other blasting apparatus until immediately before blasting or attempting to blast the charge; (i) immediately after blasting or attempting to blast a charge disconnect both leads of the blasting cable from the exploder or other blasting apparatus and there and then(i) remove the operating handle or key of the exploder; or

(ii) secure the locking arrangement of the blasting apparatus and remove the key.

835. (1) Every blasting cable shall be readily identifiable as follows: (a) or twin twisted flex having one green sheath and one yellow sheath;

Blasting cables

(b) a multi-core sheath having green and yellow markings on the sheath. (2) Blasting cable shall not be used for any other purpose than blasting. (3) Current from telephone, signalling or lighting circuits or from any source other than an approved blasting apparatus shall not be used in blasting circuits. 836. (1) At any mine or works the following provisions shall apply, that Duties of is to say: person in charge (a) any person who is employed where rock drilling and blasting operations are being carried out, or who is employed in any other operation where danger may arise from the presence of any explosive, shall be under the supervision of a competent person, who for the purpose of these Regulations shall be referred to as the person in charge; (b) such person in charge shall be the holder of a blasting licence valid for the operation for which he is responsible. (2) Every working place where drilling and blasting operations are being carried out or in any operation at any such place where danger may arise from explosives shall be under the direct supervision of a person in charge. (3) Within the meaning of these Regulations any person who is the holder of a blasting licence may be appointed a person in charge. (4) The person in charge shall be the first person to enter each working place assigned to him and the immediate approaches thereto and he shall

examine and make safe or cause to be made safe each such working place and the immediate approaches thereto before permitting any work to take place, and shall ensure that the provisions of these Regulations are observed by any person in such working place and the immediate approaches thereto whether such person is under his personal supervision or not. (5) A shiftboss or more senior official being the holder of a blasting licence may, in the execution of his duty, enter any working place before the person in charge: Provided that where he observes anything that is unsafe he shall immediately take such precautions as may be necessary to prevent any person entering until such time as he has either made the place safe or informed the person in charge of the unsafe condition. (6) Whilst making safe any working place and the approaches thereto the person in charge shall be responsible for the safe disposition of his subordinates in suitable and safe places. (7) Notwithstanding the provisions of sub-regulation (4), the person in charge may be accompanied by one or more persons to assist him in making safe such working place and any other person working in it, and he shall be responsible for the safety of any person assisting him in such operation. (8) In his examination for making his working place safe in accordance with sub-regulation (4) the person in charge shall(a) satisfy himself that there is adequate ventilation;

(b) thoroughly wash down, or where no water is available scrape down, and ensure by physical examination that the roof, walls and face of such working place and approaches thereto are free from all loose rock which may cause danger; (c) plug any misfired hole or hole that may have misfired that is visible with an approved socket plug and mark such misfired hole or hole that may have misfired with a white or other suitably coloured circle:

Provided that, where the requirements of paragraphs (b) and (c) can only be partially complied with because of the presence of rock from a blast in such working place, then he shall comply with these requirements as he is able and when, by virtue of the rock being lashed, the walls and face are increasingly exposed, he shall, from time to time, take steps to further comply with such paragraphs; (d) ensure the adequacy of any support, barricade and platform within such working place and the approaches thereto; (e) take such other measures as may be necessary to ensure the safety and health of any person who may work therein or pass therethrough. (9) The person in charge having made safe in accordance with sub-regulation (8) shall, during the time that any person is working in any working place under his charge, take all reasonable precautions for the safety of any such person present in such working place, and such precautions as he may take shall continue for as long as he allows any person to remain in the working place or until he is relieved of responsibility by another person in charge. (10) Any person in charge taking over responsibility for any working place shall re-examine it and take any necessary action in accordance with sub-regulation (8). (11) No person except the person in charge, shiftboss or more senior official shall enter any working place until such person has received definite instructions or permission to do so from the person in charge or more senior official for the time being responsible for the safety of such working place. (12) No person in charge shall take charge of more working places or persons than he can supervise efficiently or take charge of working places so scattered that he cannot examine them all within a period of one hour without undue exertion. 837. (1) The person in charge before the commencement of any drilling Preparation of operation in any working place assigned to him and before marking any face

hole to be drilled therein shall himself(a) thoroughly clean down and carefully examine the whole of the working face to be drilled for sockets and holes, finished and unfinished, and misfired holes or holes that may have misfired: Provided that, where such drilling is confined to the drilling of an eyebolt hole for a scraper or for a similar holdfast for mechanical operations, the area to be examined may be confined to an area of one metre radius around such hole; (b) thoroughly wash out all sockets and holes, finished or unfinished, by means of water under adequate pressure, applied through a blowpipe of a pattern approved by the Chief Inspector, or, where water under pressure is not available, scrape them out by means of a scraper made of material approved by the Chief Inspector after which he shall plug them with approved socket plugs excepting that in any face having an inclination less than forty-five degrees to the horizontal sockets which cannot be satisfactorily plugged may remain unplugged; (c) treat any misfired hole or hole that may have misfired by one of the following prescribed means: (i) carefully wash out any tamping from such hole by means of water under adequate pressure or water with compressed air under adequate pressure applied through a blowpipe of a design and material approved by the Chief Inspector for the purpose or, where water is not available, withdraw the tamping by using a scraper of a design and material approved by the Chief Inspector for the purpose and then reprime, retamp and reblast; (ii) where any such hole is six metres in length or shorter, carefully wash out any tamping and the explosives from such hole by means of water under adequate pressure or water with compressed air under adequate pressure applied through a blowpipe of a design and material approved by the Chief Inspector for the purpose and, having satisfied himself that such hole is clean, plug it with an approved plug: Provided thatA. where any misfired hole or hole that may have misfired is longer than six metres the washing out of such hole by the method specified in paragraph (c) (ii) is strictly prohibited; and

B. the treatment of any misfired hole or hole that may have misfired as specified in paragraph (c) (ii) shall apply to all types of explosives excepting blasting agents as defined in the First Schedule, and any such hole containing blasting agents shall only be treated in a manner approved by the Chief Inspector; (d) in the case of a sinking shaft in addition to the requirements of paragraphs (a), (b) and (c), make a sketch showing the position of every misfired hole and socket and such sketch shall be kept at the shaft office for at least seven days and his immediate superior or any other more senior official shall satisfy himself by personal inspection that the requirements of this regulation are being complied with. (2) Having complied with the requirements of sub-regulation (1) the person in charge shall then, and then only, clearly mark and where this is not possible point out the position of each hole to be drilled and he shall be directly responsible throughout drilling operations, during the whole time he is in charge of such working place, for ensuring that the position and direction of every hole drilled complies with the requirements of paragraphs (a) and (b) of regulation 826 and of regulations 827 and 828. 838. (1) The manager shall ensure that when a connection is to be made Connection between two places underground that before the distance between the between two two places becomes less than ten metres all persons having any places responsibility whatsoever for either such place shall be made aware that a connection is to be made. (2) When a connection is to be made between two places underground and before the distance between the two places becomes less than ten metres the official having overall responsibility for both such places shall ensure that all work in one such place shall cease and the connection shall be made from the other place and before any advance in this place continues the person in charge shall examine the place where work has ceased and make it safe in accordance with the requirements of regulations 836 and 837 and shall then barricade or cause to be barricaded all entrances to such place so as to prevent inadvertent access. The results of such examination shall be recorded in a book kept for the purpose, signed by the person in charge and countersigned by his shiftboss:

Provided that if one such place is inaccessible and an examination as required to be made by this sub-regulation is not possible the manager shall cause such precautions, as he may deem necessary, to be taken so as to ensure the safety of all persons making such connection. 839. (1) Where any whistle or other device capable of giving audible warning is installed at any place where regular secondary blasting occurs such device shall be activated immediately before any charge is blasted. (2) No whistle or other device once activated for the purpose of giving warning of a blast shall be turned off until, in the case of(a) blasting by fuse all the shots have exploded or if not the requirements of regulation 833 (h) have been observed; (b) blasting by electricity all the shots have exploded or if not the requirements of regulation 833 (j) have been observed. (3) The only person who may activate or turn off any whistle or other device shall be the blasting licence holder who is responsible for blasting the charge. (4) This regulation shall in no way relieve a blasting licence holder of his obligation to cause all entrances to places where charges are to be blasted to be effectively guarded. 840. (1) The practice of pre-charging underground shall only be Pre-charging permitted with the prior approval of the Chief Inspector and under such conditions as he may prescribe. (2) All entrances to pre-charged areas underground shall be barricaded off and notices displayed at all barriers so placed bearing the legend "DANGER, PRE-CHARGED AREA, NO SMOKING". (3) No person shall smoke or carry a naked light except for the purpose of initiating charges in any pre-charged area. Provision for whistles

(4) No person excepting those persons engaged in the charging of any hole and priming or detonation of any precharged hole and officials in the course of their duties shall enter a pre-charged area except with the authorisation of the shiftboss. (5) Explosives may be left unstored and unattended within the barriers of a pre-charged area when in the opinion of the shiftboss it is impracticable or unduly onerous to return such explosives to safe storage: Provided that such procedure shall only be permitted when charging operations have to be interrupted in order to clear the area of persons so as to comply with a primary blasting schedule. 841. (1) No pre-charged hole shall contain any explosives within two metres of the collar of such hole excepting that this shall not apply to any detonating fuse or to any primer used to detonate such hole. (2) Any primer used to detonate any pre-charged hole shall only be inserted immediately before blasting. 842. (1) Every pre-charged hole shall be securely plugged with an approved plug. Pre-charged holes to be plugged Charging of pre-charged holes

(2) Any pre-charged hole where detonating fuse forms a part of the charge shall have the free end of such detonating fuse neatly coiled and inserted into such pre-charged hole before the approved plug is inserted. 843. No person shall remove any plug or detonating fuse from a pre-charged hole except for the purpose of blasting such pre-charged hole: Provided that an Inspector of Mines or an official in the course of his duties may remove such plug for the purpose of inspection. 844. Every shiftboss shall cause every pre-charged area within his Inspection of Plugs not to be removed

section to be inspected at least once in each shift so as to ensure that any pre-charged hole which has become unplugged permitting the detonating fuse to holes extrude shall have such fuse recoiled, re-inserted and such hole replugged. 845. (1) The overdrill portion plus one metre above such portion of any Holes in open hole drilled for the purpose of primary blasting in any open cast working cast workings shall not contain explosives other than blasting agents. (2) In any open cast working any hole drilled for the purpose of primary blasting where more than one primer or booster is to be used to initiate the charge shall(a) when loaded with a continuous charge have two lines of detonating fuse to the top primer or booster and one of these lines shall extend to the bottom primer or booster; (b) when loaded with decked charges have two lines of detonating fuse each line passing through each primer or booster in each deck. (3) In any open cast working or quarry the tamping material introduced into any hole shall be poured loosely into such hole and shall not be mechanically tamped. 846. (1) Nitro-compound explosives, blasting agents or detonating fuses shall not be stored or carried with detonators or capped fuse, and primer cartridges shall be carried separately from any other type of explosive. (2) No person shall carry or allow any subordinate to carry any explosives except under the direct supervision of a blasting licence holder. (3) No person shall carry any explosives to their place of storage or from such place of storage to the place where they are to be used except in sound unopened boxes of origin or other approved containers but any unused explosives may be returned to a place of storage in opened boxes: Storage and transportation of explosives

Provided that on level ground explosives may be carried from their place of storage to the place where they are to be used in opened boxes. (4) No person shall carry or allow any subordinate to carry any naked light whilst carrying explosives but may be accompanied at a safe distance by another person carrying such a light. (5) No person shall smoke or allow a subordinate to smoke within four metres of any explosives. (6) No person shall have a naked light or allow a subordinate to have a naked light within four metres of any explosives except for the purpose of initiating a charge. Protection of 847. A blasting licence holder conducting any charging operation using a blasting agent shall take all reasonable precautions to ensure that blasting agents any blasting agent in his charge, prior to being charged, is effectively protected against any possibility of becoming affected by water. 848. A blasting licence holder using pneumatic equipment to charge any hole with a blasting agent shall(a) (i) prior to charging such holeensure that such equipment is clean and in good working order; Pneumatic charging

(ii) blow out the compressed air supply line so as to remove any moisture in such line; (iii) ensure that no oil lubricating bottle is connected into such line;

(iv) ensure that the earthing wire of such equipment is properly connected to earth and not connected to any water or compressed air pipe, rail or any other electrical earthing system; (v) ensure that the charging hose is free from kinks and in good working order; (b) during the charging of such hole-

(i) stop all charging immediately if the presence of static electricity or any stray current is detected and remedy or cause to be remedied such condition before resuming such charging operations; (ii) ensure that any person involved in charging operations shall earth himself by placing his bare hands on the ground or sidewall before handling any explosives, detonators or primers; (c) after charging such hole-

(i) discharge any blasting agent remaining in such equipment into a bag and return such bag to a magazine or box; (ii) thoroughly wash such equipment. Pneumatic equipment to be approved Resistance to hoses

849. Any pneumatic equipment used to charge any hole with blasting agents shall be of a type approved by the Chief Inspector.

850. Any hose connected to any pneumatic equipment being the hose used for the charging of any hole with blasting agents shall have a resistance of not less than sixteen thousand ohms per metre run and a resistance not more than one hundred megohms for its total length.

851. (1) When a blasting licence holder is required to place any person Duties of to act as a guard when he is conducting any blasting operation he shall guards personally ensure that each such person is(a) placed in the position he is to guard;

(b) instructed that he shall not leave such position until instructed to do so by the blasting licence holder himself; (c) (d) (e) instructed not to permit any person to pass him; to count, where practicable, the number of shots exploded; instructed to comply with regulation 833 (g).

(2) Every person placed to act as a guard in accordance with sub-regulation (1) shall fully comply with the requirements of such sub-regulation. 852. No welding machine shall be operated within ten metres of any electric detonator or circuit containing such a detonator. Prohibition, welding machine and electric detonators

PART IX MACHINERY
901. The regulations contained in this Part shall apply to the use, maintenance and inspection of any machinery or part thereof, used for or associated with the manufacture, in an explosives factory, of explosives for sale commercially. 902. In this Part and in all other Parts subsequent thereto, unless the context otherwise requires"lifting appliance" means a crab winch, gin wheel or similar equipment used for raising or lowering, and a hoist, crane, sheer legs, excavator, drag line, pile driver, aerial cable way or overhead runway; "lifting gear" means a chain sling, rope sling, pulley block or similar gear and a ring, link, hook, plate clamp, swivel or eye bolt; "machinery" means every kind of mechanical or electrical appliance or part thereof and includes any conveyor and lifting appliance. 903. All parts and working gear, whether fixed or movable, including Suitability of the anchoring and fixing appliances of all machinery and apparatus used machines as, or forming part of any equipment and all foundations in or to which any such appliances are anchored or fixed shall be of good construction, Interpretation Application

suitable material, adequate strength and free from patent defect and shall be maintained in good working order. 904. (1) Efficient guards shall be provided for such parts of mach-inery Provision of and electrical apparatus as may be a source of danger to persons. guards (2) The manager shall ensure that guards are kept in position and properly maintained: Provided that when such guard is temporarily removed for the purpose of repairs proper precautions shall be taken for the safety of persons and on the completion of such repairs the guard shall be securely replaced. 905. (1) The manager shall ensure that all machinery shall be in the charge of a competent person. (2) No person having charge of any machinery which is required to be constantly supervised shall for any reason whatsoever absent himself or cease to have continual supervision of such machinery during the time for which he is in charge unless he is replaced by another competent person. 906. (1) Where it is necessary to stop and start belt-driven machinery without interfering with the speed of the prime mover a suitable appliance for the purpose shall be permanently fitted. (2) Where machinery is in motion the shipping and unshipping of driving belts is forbidden, except that the customary shifting of light belts on the coned pulley of machine tools for the purpose of altering the working speed may be permitted. 907. No person in close proximity to any moving machinery shall wear No loose or be permitted to wear loose outer clothing, and long hair shall be clothing or long suitably protected. hair near machinery 908. The manager shall ensure that suitable goggles, face masks or screens are provided to protect the eyes of operators, and of any other Provision of goggles. face Precautions for belt-driven machinery Charge of machinery

person in the immediate vicinity, and these shall be used by such persons when(a) grinding surfaces of metal, stone, concrete or similar materials by means of a power-driven wheel or disc; or (b) chipping or scaling painted or corroded metal surfaces or mechanically wire-brushing such surfaces; or (c) welding or cutting metals by means of an electrical, oxy-acetylene or similar process; or (d) treating stone, metal, concrete, slag or similar materials where danger to the eyes may arise.

masks or screens

909. No machine shall be started if by so doing any person is likely to Precautions be exposed to danger unless adequate warning has been given that such when machinery machine is about to be started. started 910. (1) No person shall cross any moving conveyor except at an authorised crossing place. Crossing or riding on conveyors

(2) No person shall ride on any moving conveyor. 911. The manager shall ensure that every lifting appliance on which the operator travels shall be fitted with an effective audible warning device. Audible warning device for lifting appliance Stability of lifting appliance

912.

No lifting appliance shall be used-

(a) on a soft or uneven surface, or on a slope, in circumstances in which the stability of the appliance is likely to be affected unless adequate precautions are taken to ensure its stability; nor (b) unless it is securely anchored or adequately weighted by suitable ballast properly placed on the structure so as to ensure its stability. 913. Where the stability of a lifting appliance is ensured by means of removable weights a diagram or notice indicating the position and the amount of such weights shall be affixed where it can readily be seen.

Ballasting diagram for lifting apparatus

914. On every stage, gantry or other place where a lifting appliance having a travelling or slewing motion is used, an unobstructed passageway not less than six hundred millimetres wide shall be maintained between the nearest part of the appliance at any time in the course of its movement and the guard rails, fencing or any nearby structures: Provided that if at any time it is impracticable to maintain such a passageway all reasonable steps shall be taken to prevent the access of any person to the place where the lifting appliance is in motion and obstructing free passage.

Passageway to be provided

915. No lifting appliance shall be erected except under the supervision Erection of of a competent person. lifting appliances 916. Except for rope blocks with a safe working load of nine hundred Safe loads and kilograms or less, every lifting appliance shall have plainly marked identification thereon its safe working load or loads and an identification mark. marks 917. Any lifting appliance so constructed that the safe working load may be varied by the raising or lowering of a jib shall have either an automatic indicator of safe working loads or a table indicating the safe working loads. Automatic indicator or tables

918. Any drum or pulley round which the chain or wire rope of any Provision for lifting appliance is carried shall be of suitable diameter and construction chain or wire for the chain or rope used thereon. rope 919. Any chain or rope which terminates at the drum of any lifting Securing of appliance shall be properly secured thereto and at least three turns of chain or rope such chain or rope shall remain on the drum in every operating position of such appliance, except where the design of such appliance permits less than three turns. 920. No load shall be left suspended from any lifting appliance which No suspension is unattended and which may be a danger to any person. from unattended appliance

921. Every lifting appliance shall be provided with an efficient brake or brakes or other such safety device which will prevent the fall of the load when suspended and by which the load can be effectively controlled.

Efficient brakes to hold load

922. The controls of any lifting appliance shall be suitably placed and Suitable so constructed as to prevent accidental or inadvertent operation of such controls controls. 923. No person shall be raised, lowered or carried by any lifting appliance except on the driver's platform. Persons not to ride except on platform

924. (1) Power-driven mobile cranes shall be so constructed as to hold Safety factor for without overturning a sustained load, in weight not less than 1.5 times lifting appliance the safe working loads for ordinary lifting duty when the crane is standing on level ground. (2) Cranes used for grabbing duties shall be so constructed as to hold without overturning a sustained load, in weight not less than 1.975 times the safe working loads of the crane for ordinary lifting duty when the crane is standing on level ground. 925. No lifting appliance or any part thereof shall be loaded beyond the No appliance to safe working load: be loaded beyond safe load Provided that for the purpose of making tests of any such appliance the safe working load may be exceeded by such amount as a competent person appointed to carry out the tests may authorise. 926. Any lifting appliance and all plant or gear used for anchoring or fixing such appliance shall, as far as the construction permits, be inspected for defects by a competent person before use. 927. No lifting appliance shall be operated otherwise than by Inspection before use

Competent

a person competent to operate that appliance, or by a person under the direct supervision of a competent person for the purpose of training.

person only to operate lifting appliance Distinct signals to be given

928. Any signal given for the movement or stopping of any lifting appliance shall be distinctive in character and such that the person to whom it is given is able to see or hear the signal distinctly. 929. beAny platform used for the operation of a lifting appliance shall

Provisions for platform

(a) of sufficient area for all persons required to work thereon to do so in safety; (b) (c) (d) close planked or plated; provided with safe means of access; and provided with guard-rails and toe-boards. Suitability of track upon which lifting appliance moves

930. (1) No rail track on which a travelling lifting appliance moves shall be used unless it is of good construction, suitable material, adequate strength, free from patent defect and maintained in good condition.

(2) Any overhead track upon which a travelling lifting appliance moves shall be provided with effective stops at its ends. 931. Every power-operated travelling lifting appliance shall have effective brakes fitted to the travelling mechanism. Brakes on travelling mechanism of lifting appliance No person to work on lifting appliance

932. No person shall work on or near, or order any other person to work on or near, any wheel track of any travelling lifting appliance in any place where he would be liable to sustain injury by the passage of such lifting appliance unless adequate precautions are taken to ensure his safety. 933. Every part of a load shall be adequately secured whilst being raised or lowered by any lifting appliance.

Load to be secured

934. Any container used for raising or lowering material shall be so designed as to prevent spillage:

Containers to be designed to prevent spillage

Provided that this regulation shall not apply to a grab, shovel or similar excavating equipment if adequate precautions are taken to ensure the safety of persons. 935. The manager shall ensure that there is maintained a record showing the condition and location of all lifting appliances with a safe working load in excess of nine hundred kilograms. 936. The following provisions shall apply to all lifting gear: Record to be kept

(a) no lifting gear shall be used unless it is of good construction, sound material, adequate strength, free from patent defect and maintained in good condition; (b) there shall be posted at the store in which such lifting gear is kept, and at other prominent and convenient places where lifting gear is regularly used, a table showing the safe working loads(i) (ii) of every size and kind of lifting gear in use; and of every multiple sling at different angles of the sling legs;

Provisions for all lifting gear

(c) the safe working loads of all lifting gear shall be that determined by a competent person; (d) no lifting gear shall be used for any load exceeding the safe working load, except for the purpose of making tests; (e) (f) all lifting gear shall be visually examined before use; no lifting gear which is defective shall be used;

(g) no vegetable fibre rope shall be exposed to any acid, oil or grease and if any such rope has been so exposed it shall be destroyed forthwith; (h) no artificial fibre ropes shall be used where there is a danger of damage to the rope by heat, acid, oil or grease.

937. Any hook used in connection with any lifting appliance shall be Provisions for of good construction, suitable material, adequate strength, free from hooks patent defect and shall be properly maintained, and be provided with an efficient device to prevent the displacement of the sling or load from such hook if specifically required by an Inspector of Machinery. 938. (1) An Inspector of Machinery may direct that any wrought iron chains of lifting gear in use shall be annealed or otherwise treated by heat at such specified intervals as he considers necessary. (2) The manager shall ensure that a record is kept of such annealing or treatment. 939. (1) No chain shall be taken into use for the first time unless it has Testing of been examined and tested by a competent person. chains, and examination of wire rope slings (2) No wire rope sling with a safe working load exceeding nine hundred kilograms shall be taken into use for the first time unless it has been thoroughly examined by a competent person. (3) The manager shall ensure that a record is kept of such examinations and testing. 940. When any platform, gangway, run or stair becomes slippery, appropriate steps shall be taken to remedy such defect as soon as is reasonably practicable. 941. No person shall use or permit or instruct any other person to use any vegetable or synthetic fibre rope which has been exposed to any process or substance which has or could have impaired its efficiency. Any rope so exposed shall be destroyed forthwith. Platforms, etc., becoming slippery Use of impaired rope prohibited Annealing of chains and lifting gear

PART X STEAM BOILERS, STEAM

CONTAINERS AND STEAM AND AIR RECEIVERS

1001. The regulations contained in this Part shall apply to the installation, maintenance and inspection of steam boilers, steam containers and steam and air receivers or any part thereof used for or associated with the manufacture in an explosives factory of explosives for sale commercially. 1002. In this Part and in all other Parts subsequent thereto, unless the context otherwise requires"air receiver" means(a) any vessel, other than a pipe coil or an accessory, fitting or part of a compressor, for containing compressed air and connected to air compressing plant; (b) any vessel for containing compressed air or compressed exhaust gases and used for the purpose of starting an internal combustion engine; (c) any vessel in which any liquid is stored and forced from it by compressed air; and (d) any fixed or portable vessel, not being part of a spraying pistol, used for the purpose of spraying by means of compressed air any paint, varnish, lacquer or similar material; "authorised working pressure" means, in the case of air receivers, steam boilers and steam containers, that pressure specified by an Inspector of Machinery which is entered in the records maintained for such plant; "boiler" means any apparatus for the continuous generation of steam at a pressure greater than that of the atmosphere, and includes super-heaters, economisers and steam accumulators; "steam container" means any vessel, other than a steam pipe or coil, constructed with a permanent outlet into the atmosphere, or into a space where the pressure is not greater than that of the atmosphere, and through which steam is passed at or approximately at or below atmospheric pressure for the purpose of heating, boiling, drying, evaporating or other similar purposes; Application

Interpretation

"steam receiver" means any vessel or apparatus, other than a steam boiler, steam container, steam pipe or coil, or any part of a prime mover, used for containing steam under pressure greater than that of the atmosphere. 1003. Every air receiver, boiler or steam container, the foundations for Standards of such plant and the installations referred to in this Part shall be of good construction construction, sound material, adequate strength, free from patent defect and maintained in good condition. 1004. (1) Before the first installation of any boiler the manager shall ensure that full maker's specifications and drawings of such boiler are submitted to the Chief Inspector for his approval. (2) No boiler shall be encased during erection, and when erected no boiler shall be used until it has been examined and tested to the satisfaction of an Inspector of Machinery; from the result of this examination and test the inspector shall specify the authorised working pressure, and shall enter such authorised working pressure in the boiler record book. (3) (a) Every boiler shall be provided with a plate upon which is marked in clearly visible characters the year of first examination and the authorised working pressure at which such boiler may be worked. (b) The plate required by paragraph (a) shall be securely fixed to the boiler in a suitable position. (4) The maximum continuous steaming rate of any boiler, in kilograms of steam per hour, shall be specified by an Inspector of Machinery and such specification shall be based on the maker's specification; such rate may be exceeded only with the written permission of an Inspector of Machinery and subject to such conditions as he may impose. (5) Safe access must be provided and maintained to every point where a boiler safety device is installed. 1005. (1) Every boiler shall be provided with one or more reliable Safety valves Requirements for boilers

safety valves, and the loading of such safety valves shall be such that at for boilers least one will lift when the authorised working pressure in such boiler is exceeded; the loading of such safety valves and the aggregate area available for the discharge of steam shall be such as to prevent an accumulation of steam pressure in the boiler greater than ten per centum above the authorised working pressure: Provided that one such safety valve shall be sufficient for any super-heater or economiser that can be isolated from its boiler. (2) Every safety valve shall be constructed and installed so that(a) it can be easily freed from its seat at any time by lifting gear worked by hand from some accessible place, and shall be free to rotate on its seat; these arrangements shall be free from steam danger; (b) where directly loaded by springs, the compression nuts shall abut against metal stops or washers at the working load compression to prevent such safety valve being loaded to beyond the authorised maximum working pressure; adequate precautions shall be taken to ensure that the load settings of such safety valve cannot be altered by an unauthorised person; (c) where loaded by a weight or spring action on a lever, the load shall act only at the extreme end of such lever. (3) Every safety valve shall be so installed that(a) it is mounted on or as near as possible to the boiler shell;

(b) no stop valve is placed between the safety valve and the boiler which it serves; (c) and (d) no person is exposed to danger from the discharge of such valve;

such safety valve is fitted with a suitable drain. Provision of

1006. (1) At any point at which steam is taken from a boiler a stop

valve shall be provided as close as is practicable to the point of draw-off. stop valves (2) Where any boiler delivers its steam into a range or main common to other boilers a non-return valve shall be fitted in such manner that any accidental reversal of flow shall be prevented. 1007. (1) Every boiler shall have connected to the steam space one or Pressure gauges more reliable pressure gauges which shall be so installed that any gauge for boilers may be changed while the boiler is in service. (2) The dial of every pressure gauge shall be calibrated in bars and shall have a range greater than the authorised working pressure of the boiler by not less than twenty per centum and not more than one hundred per centum. (3) The authorised working pressure of the boiler shall be marked with a red line on the dial of the pressure gauge. (4) Suitable arrangements shall be made to ensure that the element of any pressure gauge is not subjected to live steam. (5) Every boiler shall be provided with a suitable attachment to enable an Inspector of Machinery to affix a pressure gauge for the purpose of carrying out pressure tests. 1008. (1) Every boiler shall be provided with two independent means of feed water supply. (2) Where the feed apparatus is an injector, a second means of feeding consisting of a power or hand pump shall be fitted. (3) For the purpose of this regulation, two or more such boilers combined for joint working shall be regarded as one boiler. (4) Where a multiple pump supply system is in use sufficient capacity shall always be maintained to ensure a safe steaming rate. Feed water

(5) The capacity of these means of supply shall be such that in the event of failure of any one means of supply the feed water requirements of the boiler can still be met: Provided that one reliable means of feed water supply shall suffice for any boiler having a total volume of ninety litres or less for the combined steam and water spaces. (6) Where the feed delivery pipe enters a boiler such pipe shall be provided with a self acting non-return valve and a stop valve; the stop valve shall be fitted between the non-return valve and the boiler, and these two valves may have a common body. 1009. (1) Every boiler shall be provided with two or more reliable water level indicators, one of which shall be a glass water level gauge: Provided that one glass water level gauge shall suffice for any boiler having a total volume of ninety litres or less for the combined steam and water spaces. (2) Fusible plugs shall be fitted to any fire-tube boiler: Provided that an Inspector of Machinery may give written exemption from this requirement. (3) Every glass water level gauge shall be efficiently guarded in such manner so as not to obstruct the reading of such gauge; any isolating cock must be of such type that it can clearly be seen whether it is in the open or closed position. (4) The lowest safe water level for every stationary boiler shall be at least seventy-five millimetres above the highest part of the flue passing round or through such boiler. (5) Every boiler shall be provided with some means, independent of visual observation, whereby any deficiency of water is made known. Water levels

1010. (1) Every boiler shall be provided with one or more blow down valves effectively placed. (2) Every joint between a boiler and a blow down valve shall be flanged, and where such flanges are not integral with the pipe or valve they shall not be fastened by means of screw threads alone. (3) No pipe between any boiler and blow down valve shall be in contact with any masonry or any supporting structure in such manner that it will be subjected to dangerous stress by the relative movement of various parts of such boiler. (4) The discharge from a blow down valve shall be conducted by means of a pipe into an open tank, drain or sump fitted with adequate vents so situated and guarded as to prevent danger to persons. (5) A blow down valve of two or more boilers shall not discharge into a common pipe. (6) Adequate safety measures shall be taken to ensure the safety of any person working on the piping system of any blow down valve between such valve and any tank, drain or sump. (7) Any key used to operate any main blow down valve shall be so constructed that it cannot be removed while such valve is in the open position.

Blow down valves

1011. No pipe or fitting shall be screwed directly into the shell of any Pipes and boiler: fittings not to be screwed into shell Provided that an Inspector of Machinery may give written exemption from this requirement. 1012. (1) Any steam receiver not so constructed as to withstand with safety the authorised working pressure of the boiler or the maximum Steam receiver modification

pressure which can be obtained in the pipe connecting such receiver with any other source of supply of steam shall be fitted with(a) a steam reducing valve or other automatic appliance to prevent its own authorised working pressure being exceeded; (b) a suitable safety valve so adjusted as to permit the steam to escape as soon as the authorised working pressure of such receiver is exceeded, or a suitable automatic appliance for cutting off the supply of steam of such receiver, as soon as the authorised working pressure is exceeded; (c) an accurate pressure gauge which shall indicate the steam pressure in bars; (d) a suitable stop valve; and

(e) a plate bearing a distinctive identification number which shall be clearly visible. (2) Every safety valve and pressure gauge required by sub-regulation (1) shall be fitted either on the steam receiver or on the supply pipe between the receiver and any reducing valve or other appliance provided to prevent the authorised working pressure being exceeded. (3) For the purpose of paragraphs (a), (b), (c) and (d) of sub-regulation (1) any set of receivers supplied with steam through a single pipe and forming part of a single unit may be treated as one receiver and further, for the purpose of paragraphs (a), (b) and (c) of sub-regulation (1), any other set of receivers supplied with steam through a single pipe may be treated as one such receiver: Provided that this sub-regulation shall not apply to any set of receivers unless the reducing valve, or other such appliance provided to prevent the authorised working pressure being exceeded, is fitted on such single pipe. (4) Every steam receiver and its fittings shall be properly maintained and shall be thoroughly examined by an Inspector of Machinery, so far as its construction permits, at intervals not exceeding three years.

(5) A record of the result of every examination of a receiver, containing such particulars as the Chief Inspector may from time to time require, shall be kept and made readily available for inspection at all times. (6) Every steam container shall be properly maintained so as to ensure that the permanent outlet to atmosphere is kept open and free from obstruction at all times. Blowing down 1013. Every boiler shall be blown down continuously or with sufficient frequency so as to ensure that no dangerous amount of sludge of boilers or dissolved salts is allowed to accumulate. Conditions 1014. No persons shall enter or be permitted to enter any part of a boiler which has been opened for cleaning, repairs or examination until before cleaning the person in charge of such work has satisfied himself that it is safe to boilers do so; before giving permission the person in charge shall ensure that(a) any pipe through which steam or water might enter such boiler has been disconnected or effectively isolated therefrom and, where valves are used to achieve such isolation, that they have been closed and securely locked; (b) all reasonable precautions have been taken to safeguard any person working in the boiler or its flues against any danger from grease, dust and falling objects. 1015. (1) Every boiler in service or on standby for emergency generation shall at intervals not exceeding two years be thoroughly examined internally and externally as far as is practicable by an Inspector of Machinery and before being put back into service shall be hydraulically tested in the presence of such inspector. (2) If the examination of any boiler cannot otherwise be properly executed, any parts, or the whole, of the masonry or casing shall be removed if an Inspector of Machinery deems this to be necessary. (3) If at any time it is necessary to remove the masonry or casing of any boiler for the purpose of major renewal or repairs and this work reveals parts of such boiler which would otherwise be inaccessible, an Inspector of Machinery shall be notified before any such masonry or casing is Examination of boilers

replaced. 1016. (1) Any boiler having an authorised working pressure of less than five bars shall be hydraulically tested to double such pressure. Examination of hydraulic pressure

(2) Any boiler having an authorised working pressure of five bars or more shall be hydraulically tested to not more than 1.2 times such pressure plus four bars. (3) No masonry or casing of any boiler may be replaced before the prescribed examination and test by hydraulic pressure has been carried out except with the permission of an Inspector of Machinery. 1017. (1) If an examination reveals that any boiler can no longer be worked safely at the authorised working pressure originally specified and the manager considers it inadvisable to have the necessary repairs made, an Inspector of Machinery may specify a lower working pressure and such lower pressure shall be recorded in the boiler record book. (2) If on examination any boiler is found to be in a dangerous condition, an Inspector of Machinery may order such boiler to be shut down and such boiler shall not be used again until such time as it has been examined by an Inspector of Machinery and he is satisfied that such boiler is safe to operate. 1018. (1) A record shall be kept for every boiler installed at any mine which shall contain the following particulars: Record of particulars and information on boilers Reduction of maximum working pressure

(a) (b) (c) (d)

the country of origin, date of manufacture and name of maker; the technical description and history; the location and official number; the authorised working pressure in bars;

(e) the dates on which the boiler is cleaned or examined and the condition of such boiler at the times of such examinations; (f) the dates on which the boiler is hydraulically tested, the test pressure applied and the result of the test; and (g) details of any repair made to the boiler or its fittings.

(2) (a) Every entry in a boiler record book shall be signed by the person responsible for carrying out the work therein described. (b) If no work is carried out on any boiler in the course of any calendar month, an entry to that effect shall be made. (3) The manager shall ensure that notice is given to the Chief Inspector when any(a) major repairs or any design or structural alterations are to be executed to any boiler; (b) part of any boiler is damaged so as to affect its authorised working pressure; (c) (d) (e) boiler is being disposed of; boiler is moved from one location to another; and boiler is out of commission for more than three months.

1019. Every evaporator shall be fitted with at least one suitable safety Safety valves valve which shall be so loaded that it will lift when the authorised for evaporators working pressure of such evaporator is exceeded. 1020. The provisions of sub-regulations (1) and (2) of regulation 1004 Regulations not and regulation 1008 shall not apply to evaporators operated above applicable to atmospheric pressure. evaporators 1021. Every air receiver shall have marked upon it so as to be clearly Particulars to be

visible the year of manufacture, the serial number and the authorised working pressure.

shown on air receivers

1022. No air receiver shall be used at a mine until it has been examined Examination and tested to the satisfaction of an Inspector of Machinery; from the and testing of result of this examination and test the inspector shall fix the working air receivers pressure: Provided that any air receiver on a self-propelled vehicle shall be exempt from this regulation if the manager ensures that such receiver is properly maintained and there is in force a scheme for the systematic examination and inspection of such receiver. 1023. Every air receiver shall be so mounted that the shell is visible for Mounting of air external inspection at all times, and provision must be made for free receivers expansion of the shell under all conditions of temperature. 1024. (1) Every air receiver shall have at least one reliable safety valve Safety valves for air receivers which shall be so loaded that it will lift when the authorised working pressure is exceeded; the area available for discharge of air shall be such as to prevent accumulation of pressure greater than ten per centum above the authorised working pressure. (2) Adequate precautions shall be taken to ensure that the load setting of every safety valve cannot be altered by any unauthorised person. (3) When directly loaded by springs the compression nuts shall abut against metal stops or washers at the working load compression, or be positively locked in position. (4) No stop valve shall be placed between any safety valve and any receiver which it serves. (5) When loaded by a weight or spring acting on a lever the load shall act only at the extreme end of such lever. (6) Every safety valve shall be so constructed that it shall be free to rotate on its seat.

(7) Every air compressor, except one which discharges into an air receiver and cannot be closed off therefrom, shall be provided with a pressure relief valve or other automatic device capable of preventing an accumulation of pressure greater than that for which such air compressor was designed or ten per centum above the pressure for which the system into which the air compressor discharges was designed, whichever is the lesser pressure. 1025. (1) Every air receiver shall have at least one reliable pressure gauge so connected that it may be changed when the receiver is in use. (2) The dial of every pressure gauge shall be calibrated in bars and shall have a range greater than the authorised working pressure of such receiver by not less than twenty per centum and not more than one hundred per centum. 1026. (1) Every air receiver shall be provided with at least one drain valve which shall be so arranged that persons operating it are not exposed to danger from the discharge from such drain valve. (2) Every air receiver shall be drained with sufficient frequency to ensure that no dangerous amount of water or sludge is allowed to accumulate. (3) Every air compressor, air receiver, inter-cooler and their connections to air compressors shall, as far as is practicable, be kept clean and free from water, and from carbonised oil and other material liable to ignition. 1027. No pipe, plug or fitting shall be screwed directly into the shell of Pads any air receiver. 1028. Every air receiver shall be(a) examined internally by a competent person at intervals not exceeding twelve months and shall be tested by hydraulic pressure to the satisfaction of an Inspector of Machinery at intervals not exceeding two years; the pressure applied during such test shall be 1.5 times the Examination of air receivers Drain valves Pressure gauges for air receivers

authorised working pressure; (b) provided with a suitable manhole, handhole or other means which will allow the interior to be thoroughly cleaned and inspected: Provided that, if it is so constructed that the internal surface cannot be thoroughly examined, a suitable hydraulic test of the receiver shall be carried out instead of the internal examination. 1029. The results of any examination and test referred to in regulation Record of 1028 shall be suitably recorded and the record signed by the competent examinations person making such examination and test. and tests 1030. (1) Thermometers or pyrometers, the indications of which can be Fittings of clearly read, and fusible plugs shall be fitted close to the outlet valves or thermometers and pyrometers discharge ports of all positive displacement air compressors having a rating exceeding seven cubic metres of free air per minute. (2) Thermometers or pyrometers, the indications of which can be clearly read, shall be fitted to the discharge pipes of all other compressors having a rating exceeding seven cubic metres of free air per minute. (3) The maximum temperature allowed shall be indicated by a red mark on the scale of each such thermometer or pyrometer. 1031. The provisions of regulations 1021 to 1030 inclusive shall not apply to any portable gas cylinder or working cylinder of any engine. Exemption for gas cylinders

PART XI LIFTS
1101. The following regulations shall apply to the use, maintenance Application and inspection of any lift and any part thereof used for or associated with the manufacture, in an explosives factory, of explosives for sale commercially.

1102. No lift installation shall be used until such use has been Certificate of authorised by the Chief Inspector and a Certificate of Permission issued; Permission such certificate shall be mounted behind glass in the lift car. 1103. Every lift installation and every part thereof shall be of good construction, suitable material, adequate strength, free from patent defect and shall be properly maintained. 1104. (1) The manager shall ensure that a competent person is appointed to examine carefullySuitability of lift installation

Appointment of competent person to examine installation

(a) at least once in each week at intervals not exceeding ten days, the motor, guides and all drums, sheaves and safety appliances of each lift; (b) at least once in every thirty days at intervals not exceeding forty-five days, the entire lift installation and all fittings and appliances in connection therewith. (2) The competent person appointed in accordance with sub-regulation (1) shall make a report of the result of any test, examination or inspection which shall, as soon as is practicable, be entered in a register kept for this purpose and such register shall be kept at a suitable place; each entry shall be signed by such competent person. 1105. (1) Every lift shaft shall be effectively protected by gates so as to Provision of prevent, when such gates are closed, any person falling down such lift gates shaft or coming into contact with any moving part in such lift shaft. (2) Every gate provided in accordance with sub-regulation (1) shall be equipped with an efficient interlocking or other device to ensure that such gate cannot be opened except when the conveyance is at the landing and to ensure that the conveyance cannot be moved away from the landing until such gate is closed. 1106. Except for testing or maintenance, no person shall ride upon the When persons

platform of any lift authorised for the carriage of goods or material only, forbidden to and there shall be a legible notice clearly displayed on such platform so ride stating. 1107. In every lift installation efficient devices shall be provided and Failure of ropes maintained which will support the conveyance together with its safe working load in the event of failure of the ropes or any other part of such installation. 1108. In every lift installation efficient automatic devices shall be provided and maintained which shall ensure that the platform or conveyance does not overrun the highest or lowest point to which it is for the time being constructed to travel. Overrun devices

Construction of 1109. Every lift installation used for carrying persons shall be provided with a conveyance which is so constructed as to prevent any conveyance person carried from falling out or being trapped between any part of such lift or from being struck by articles or material falling down the lift shaft. 1110. (1) No rope shall be used for supporting a lift or counterweight unless it is of good quality and manufacture and of adequate strength and free from any defect. (2) Any such rope shall be made of wire, and the gauge of the wires used in the construction thereof shall be suited to the diameter of the sheaves and drum. (3) No rope shall be used for supporting a lift conveyance or counterweight when the breaking load at any point therein has become reduced to less than five times the maximum working load, the supporting effect of the other rope, if any, being ignored: Provided always that in the case of any lift in which such conveyance or counterweight is suspended by more than two ropes fitted with appliances for equally distributing the load, a minimum factor of safety of 10 shall be allowed on the aggregate strength of all ropes, but no rope shall have a lower factor of safety than 3, with respect to the maximum working load. Ropes

(4) Every lift car operated by ropes shall be suspended by at least two ropes, each of which shall have independent connection with the car or with the special connection bracket hinged thereto; each set of counterweights shall likewise be suspended by two ropes. 1111. (1) In the case of any lift where no part of the rope is rigidly fixed Fixing of ropes to the drum, the construction shall be such that there shall be no to drum dangerous slipping of the ropes on the drum under any possible working condition, the safety of the apparatus to be judged by an Inspector of Machinery. (2) When the lifting and counterweight ropes are rigidly fixed to the drum there shall be at least one full turn of rope on the drum when they have run the limit. 1112. In every lift the drum, engine or motor shall be provided with an Brakes adequate brake which shall be kept in proper working order. 1113. A clear space of not less than one metre shall be provided Underrun and between the bottom of the lift shaft and the lowest point of the underside overrun clear of the lift car when the car is at its lowest landing and between the top of space the lift car and the underside of the overhead grating or floor when the car is at its top landing and also between the top of the counterweight and the underside of the sheave or beams when the lift car is at its lowest landing; in the case of lifts which run at a speed greater than one hundred metres per minute, the clear space at the top or bottom shall not be less than 1.5 metres. 1114. No lift shall be used whilst repairs are being effected in the lift shaft. Not to be used during repairs

PART XII BUILDINGS AND CONSTRUCTION

1201. The regulations contained in this Part shall apply to any building Application or structure and to the construction operations of any such building or structure or any part thereof and to the demolition of any such building or structure or any part thereof used for or associated with the manufacture, in an explosives factory, of explosives for sale commercially. 1202. In this Part and in all other Parts subsequent thereto, unless the context otherwise requires"construction work" means any building operations or work of engineering construction; "ladder scaffold" means a scaffold with a working platform which is supported directly or by means of a crutch or bracket on a rung or rungs of a ladder; "scaffold" means any temporary structure on or from which persons perform work in connection with any construction work, and any temporary structure which enables persons to obtain access to or which enables materials to be taken to any place at which such work is performed; "suspended scaffold" means a scaffold suspended by means of ropes or chains which is capable of being lowered or raised by such ropes or chains but does not include a boatswain's chair or such similar appliance; "trestle scaffold" means a scaffold in which the supports for the platform are step-ladders, tripods or similar movable contrivances; "working platform" means that part of a scaffold or cradle upon which persons stand or sit for the purpose of work. 1203. All material and equipment used in building and engineering construction shall be of good construction, suitable material, adequate strength, free from patent defect and shall be properly maintained. 1204. (1) All material used for any scaffold shall be inspected and Standard of construction Interpretation

Scaffold,

found satisfactory by a competent person on every occasion before being put or taken into use. (2) No scaffold or suspended scaffold shall be erected, or be substantially added to or be altered or be dismantled, otherwise than under the immediate supervision of a competent person and so far as possible by persons possessing adequate experience of such work.

inspection and erection

1205. The manager shall ensure that every scaffold in use, together Frequency of with all fittings and connections, shall be examined at least once a week inspections by a competent person. Skips, buckets, 1206. (1) No skip, bucket, basket, boatswain's chair or similar boatswain's equipment shall be used in place of a suspended scaffold, except in chair, etc. special circumstances where the work to be performed therefrom is of such short duration as to make the use of a suspended scaffold unreasonable or where the use of a suspended scaffold is not reasonably practicable; such equipment shall only then be used under the supervision of a competent person, and suitable measures shall be taken to prevent spinning or tipping and to prevent any occupant from falling therefrom. (2) No skip, bucket or basket shall be used in place of a suspended scaffold unless it is at least 1.1 metres deep. 1207. (1) No trestle scaffold shall be usedTrestle scaffolds

(a)

if it is constructed with more than three tiers; or

(b) if it has a working platform more than five metres above the ground floor or other surface upon which it is erected. (2) No trestle scaffold shall be erected on a scaffold platform unless(a) the width of such platform is such as to leave sufficient clear space for the transport of material; and (b) the trestles or uprights are firmly attached to such platform and

adequately braced to prevent displacement. (3) No trestle scaffold shall be erected on a suspended scaffold. 1208. (1) Every ladder scaffold shall be of adequate strength and used only for light work. (2) No ladder scaffold shall be erected on any suspended scaffold. 1209. (1) No scaffold or suspended scaffold shall be over-loaded No overloading of scaffolds Ladder scaffolds

and material shall not be kept thereon unless needed within a reasonable time. (2) No crane shall be installed on any scaffold unless a competent person has satisfied himself as to the strength and stability of such scaffold. (3) Any material being transferred on or to a scaffold or suspended scaffold shall be moved or deposited without causing any violent shock. 1210. Any working platform from which any person is liable to fall more than two metres shall be(a) closely boarded, planked or plated; (b) at least four hundred and sixty millimetres wide if the platform is used as a footing only and not for the deposit of any material thereon; (c) at least one metre wide if the platform is to be used for the deposit of material thereon; and (d) at least 1.2 metres wide if the platform is to be used for the support of any higher platform. 1211. (1) Suitable measures, such as provision of adequate bevelled pieces, shall be taken to reduce to a minimum the risk of tripping and to facilitate the movement of barrows where boards or planks which form part of a working platform, gangway or run overlap each other or are not Planking guard-rails and too-boards on platforms Provisions for platforms

of reasonably uniform thickness where they meet each other, or owing to warping or for some other reason do not provide an even surface. (2) Every side of any working platform or working place, being a side from which a person is liable to fall a distance of more than two metres, shall be provided with(a) rails of adequate strength, one being a hand-rail at a height of at least 1.1 metres above such platform or place, and a second being a knee-rail at a height of at least six hundred millimetres above such platform or place; (b) toe-boards up to a sufficient height, being in no case less than one hundred and fifty millimetres, and so placed as to prevent so far as possible the fall of any person, material or tool from such platform or place. (3) A clear passageway at least four hundred and sixty millimetres wide shall be left between one side of any working platform and any fixed construction or deposited material. 1212. Every accessible opening in any roof or floor of a building or structure, or in any working platform for a lift, shaft or stairway, or for the hoisting of materials, or for access by workmen or for any other purpose during any construction work shall, until it becomes necessary to remove any fencing in order to complete the permanent structure or enclosure, be provided with a guard-rail and toe-board constructed in accordance with sub-regulation (2) of regulation 1211 or with a covering to prevent the fall of any person, material or tool through the opening, except when access is required for any person or for the movement of any material, and then only if adequate precautions are taken for the safety of any person working in the immediate vicinity thereof. Openings left in roofs or floors

1213. Where any person is employed in connection with any Working on construction work on the sloping surface of any roof structure, ground or sloping surfaces material from or down which, taking into account the inclination of the slope, the nature of the surface or material and the state of the weather, a person is liable to fall a vertical distance of more than two metres, there shall be provided where practicable and appropriate(a) sufficient and suitable ladders or crawling boards which shall be

secured as soon as practicable; and (b) a suitable working platform fitted with suitable guard-rails.

1214. Where any person has to pass over or work on any roof through Protection for which he may fall, suitable and sufficient ladders, duck ladders, persons on roof crawling boards or other means for facilitating his safe passage or safe working conditions shall be provided and used. 1215. (1) No gangway, run or working platform shall be used for the passage of materials unless it affords a clear passageway which is adequate width for the passage of any material without the removal of any guard-rail or toe-board, and in any case is not less than seven hundred millimetres wide. (2) No gangway or run shall be used if its slope exceeds one vertical to three horizontal. (3) Where the slope of any gangway or run renders additional footholds necessary, and in every case where the slope exceeds one vertical to four horizontal, there shall be provided proper stepping laths which shall be(a) placed at suitable intervals; and Gangways and runs

(b) the full width of such gangway or run, except that they may be interrupted over a width of not more than one hundred millimetres to facilitate the movement of barrows. 1216. Any gangway, staircase, working place or exit from any Guard-rails for building from which a person is liable to fall a distance of more than two gangways, etc. metres shall be provided with a suitable guard-rail, of adequate strength and to a height at least 1.1 metres above such gangway, staircase, working place or exit. 1217. Every platform, gangway, staircase and working place shall be kept free from any unnecessary obstruction, projection or material, and from any rubbish, projecting nail or any substance likely to cause any person to slip. Platforms, etc., to be unobstructed

1218. All demolition work and any operation incidental thereto shall be placed under the supervision of a competent person experienced in demolition operations, and such person shall have charge of such work during the whole time such work is being carried out. 1219. Before any demolition work is commenced and also during the progress of such work-

Competent person to be in charge of demolition

Precautions to be taken during (a) no electric cable or apparatus (other than any cable or apparatus demolitions used for the operation) which is liable to be a source of danger shall remain electrically charged; (b) all practicable steps shall be taken to prevent danger to any person from the(i) (ii) risk of fire or explosion through accumulated gas or vapour; and risk of flooding from water mains, sewers or culverts;

(c) precautions shall be taken to prevent, as far as is practicable, any accidental collapse of such demolition work or other operation which may endanger persons. 1220. No floor, roof or other part of any building shall be overloaded with debris or material in such a manner as to render it unsafe. No over-loading of floors, etc.

1221. Before any steelwork or ironwork is cut or released, precautions Removing shall be taken, so far as is practicable, to avoid danger from any sudden steelwork twist, spring or collapse of such steelwork or ironwork. 1222. When, in any construction work, a scaffold or working place remains as part of the completed structure, so as to become an established working place, it shall be(a) provided with a safe means of access and egress; (b) so constructed as to provide a safe working place for every person employed thereat. When any working place becomes permanent, provisions for safety

PART XIII ELECTRICITY

1301. The regulations contained in this Part shall apply to the generation, transformation, distribution and use of electrical energy for or associated with the manufacture, in an explosives factory, of explosives for sale commercially. 1302. In this Part and in all other Parts subsequent thereto, unless the context otherwise requires"blasting cable" means any cable or conductor used to supply current from a blasting box or other device for electrical blasting; "circuit" means an electrical circuit forming a system or branch of a system; "circuit breaker" means a device for making and breaking an electrical circuit and fitted with some suitable means for automatically breaking the circuit under abnormal conditions; "conductor" means an electrical conductor connected to an electrical system; "danger" means danger to health or danger to life or limb from shock, burn or other injury to persons, or from fire attendant upon the generation, transformation, distribution or use of electrical energy; "dead" means at or about zero electrical potential and disconnected from any live electrical system; "earthed" means connected to the general mass of earth in such manner as will ensure at all times an immediate discharge of electrical energy without danger; "electrical apparatus" includes electrical cables and conductors and any Application

Interpretation

part of any machinery, apparatus or appliance in which conductors are used; "electrical power" does not include electricity used in a portable safety lamp, shot-firing apparatus, signalling apparatus or a telephone; "flexible cable" means any cable or cord which is designed to be movable while in use; "isolator" means a device, not fitted with automatic protective means, for making and breaking an electrical circuit; "live" means electrically charged; "main substation" means a substation in which any system voltage exceeds medium voltage; "metallic covering" means in relation to any electric cable or conductor any metallic covering, armouring, sheath or pipe through which any conductor passes; "mobile apparatus" means any electrical apparatus which is designed to be moved whilst working, and includes locomotives, cranes, bucket shovels, welding machines and similar apparatus; "portable apparatus" means any electrical apparatus which is designed to be hand-held whilst working, and includes power drills, inspection lamps, testing equipment, welding electrode holders and similar apparatus; "substation" means an assemblage of electrical switch-gear, including any necessary housing, for the control of electrical power, in which any system voltage does not exceed medium voltage; "system" means an electrical system in which all the conductors and apparatus are electrically connected to a common source of electromotive force; "voltage" means a difference of electrical potential between any two conductors, or between a conductor and earth and is classified as follows:

(a) "extra high voltage" means a voltage normally exceeding 3,000 volts; (b) "high voltage" means a voltage normally exceeding 650 volts, and not exceeding 3,000 volts; (c) "medium voltage" means a voltage normally exceeding 250 volts, and not exceeding 650 volts; (d) "low voltage" means a voltage normally not exceeding 250 volts. 1303. (1) Electrical apparatus shall not be installed where electrical apparatus is not already installed, unless the manager has served on the Chief Inspector notice of the intention so to do in such form as may be specified by the Chief Inspector, and has received from the Chief Inspector written authorisation for such installation. (2) Nothing in this regulation shall apply(a) to the installation of electrical apparatus in which the installation of such apparatus was lawful before the 1st June, 1971; or (b) to the installation of telephone and signalling apparatus, or blasting cables. 1304. Subject to those Regulations (which shall prevail in case of conflict), the installation of any electric cable, switch-gear transformer and electrical apparatus of any kind at any mine shall conform to the Central African Standard Safety Code for the Electrical Wiring of Premises. 1305. Where there is installed electrical apparatus operating at a voltage in excess of medium voltage, there shall be keptInstallation Notice of introduction of electricity

Plans and diagrams to be (a) at the office, plans or distribution diagrams showing the general kept electrical arrangement for all such apparatus as far as is reasonably possible; (b) at each main substation accurate distribution diagrams showing the electrical arrangement of each main circuit immediately associated with the substation's switch-gear: Provided that in a main substation having no more than three

main circuits, adequate labelling of the switchgear shall suffice. 1306. (1) There shall be provided in relation to every electrical circuit effective means suitably placed for cutting off the supply of electricity from that circuit, as may be necessary to prevent danger and, without prejudice to the generality of the aforesaid, for cutting off the supply from any flexible cable at the apparatus by which it is connected to a fixed cable. (2) There shall be provided in relation to every electrical circuit effective means for cutting off the supply of electricity automatically from such circuit in the event of any fault occurring in any part of such circuit. (3) There shall be provided such effective means of preventing the automatic making live of any electrical circuit or electrical apparatus as may be necessary to prevent danger; this shall not preclude the use of autoreclosers on overhead lines. (4) There shall be provided in relation to every electrical motor an efficient means whereby the supply of electricity can be entirely cut off from such motor, such means being located so as to be readily available to the operator; wherever such motors are remotely controlled and there is a likelihood of damage to the control cable the means adopted shall include an isolator mounted on or adjacent to the motor. 1307. (1) No inflammable or explosive material shall be placed in dangerous proximity to any electrical apparatus. (2) Any parts of electrical apparatus which require attention and any handle for the operation of such electrical apparatus shall be so placed that there is a safe means of access thereto. (3) Any such handle shall be kept free of obstruction and conveniently placed for operation. (4) Every electricity generating plant and all main substation equipment shall be adequately fenced off or enclosed and notices prohibiting unauthorised persons from entering shall be placed at all designed Housing of apparatus Main switchgear for controlling the supply of electricity

places of ingress; when such plant or equipment is unattended by an authorised person, all designed places of ingress shall be kept closed and locked to prevent unlawful access. 1308. (1) No electrical apparatus shall be used unless it is of sufficient Suitability of power or capacity to avoid dangerous overloading, and is protected apparatus against any danger arising out of such use. (2) Wherever there may exist any risk of ignition, by electrical sparking, of any gas or other inflammable or explosive substance, the design, construction and method of installation of any electrical apparatus shall be approved by the Chief Inspector. 1309. (1) All electrical apparatus and every conductor shall be so selected, arranged, installed, protected, maintained and worked so as to prevent danger so far as is reasonably practicable. (2) Any person doing any work which may result in damage to any electrical apparatus shall take such action as may be appropriate to protect such electrical apparatus from damage. 1310. (1) The manager shall ensure that there is in force a scheme for the systematic inspection, examination and testing of all electrical apparatus. Inspection, examination and testing of apparatus Protection of person and apparatus

(2) Such inspection, examination and testing shall ensure, as far as is practicable, the safety of persons. (3) Wherever necessary, to prevent danger(a) electrical apparatus shall be kept clean, dry and clear of obstruction; (b) electrical apparatus shall carry an effective means of identification. 1311. No person shall wilfully damage any electrical apparatus or No person to

without proper authority operate, interfere with, remove or render useless any electrical apparatus, but in an emergency any person may operate electrical apparatus in order to cut off the supply.

wilfully damage apparatus

1312. (1) All material used for the purpose of insulating any conductor Insulation shall be suitable, having regard to the degree of insulation and mechanical strength required and the conditions of temperature and moisture to which it is likely to be subjected, and to any means provided for its protection. (2) Every conductor, forming part of any electrical system, shall be kept efficiently insulated from earth: Provided that(i) in the case of any system with polyphase supply all neutral points in that supply shall be connected to earth; and (ii) in the case of any electrical distribution system with single phase or direct current supply, the mid-voltage point or one pole shall be connected to earth. (3) In relation to every electrical system, efficient means shall be provided to ensure that, as far as is practicable, wherever any dangerous defect arises in the insulation of the system, the supply of electricity to this fault is automatically cut off. 1313. (1) There shall be connected to earth, in such manner as will ensure immediate electrical discharge without danger(a) (b) every metallic covering of any cable; every outer conductor of any concentric cable; Earthing

(c) every metallic part of any covering or container of or mounting for any other electrical apparatus; and (d) every metallic handle for the operation of any electrical apparatus:

Provided that the provisions of this sub-regulation shall not apply to any lamp-holder or to any electrical apparatus having approved double-insulation. (2) Without prejudice to the generality of sub-regulation (1), any earthing conductor installed for the purpose thereof shall have a conductivity throughout, including any joint, not less than 0.5 that of the conductor having the greatest current carrying capacity in relation to which it is provided; the equivalent copper cross section area shall, however, not be less than 2.5 square millimetres and need not exceed seventy square millimetres. (3) Subject to the preceding provisions of this regulation and to the provisions of regulation 1315, the metallic covering of any cable may be used as an earthing conductor. (4) No switch, fuse or circuit breaker shall be placed in any earthing conductor; this shall not preclude the use of an isolator in the neutral conductors of alternators or transformers. (5) Where two or more earth plates are used for the purposes of this regulation, adequate precautions shall be taken to ensure that no dangerous potential exists between such earth plates. 1314. (1) The provisions of this regulation shall apply to all electric cables, other than(a) (b) (c) flexible cables for portable apparatus; telephone and signalling apparatus; blasting cables. Cables

(2) Every conductor in any cable to which this regulation applies, except an earthed outer conductor of a concentric cable or a metallic covering of a cable used as an earthing conductor in accordance with the provisions of sub-regulation (3) of regulation 1313, shall be covered

with insulation material. (3) Every cable to which this regulation applies shall be protected from mechanical damage and supported at such intervals and in such manner as to prevent damage thereto or danger therefrom. (4) Every cable to which this regulation applies and which is used for transmitting electricity at a voltage exceeding 250 volts shall be a cable protected by a metallic covering containing all the conductors forming part of that electrical system at that place: Provided that this sub-regulation shall not apply to phase cables which are otherwise adequately protected. (5) In the case of every cable to which this regulation applies and which is protected by a metallic covering, that covering shall be electrically continuous throughout, and where necessary, having regard to its position, protected against corrosion. (6) Every single-core cable and every core of a twin or multicore cable of flexible cord shall have an indelible means of identification. 1315. (1) All flexible cable shall be adequately protected against mechanical damage and shall be of an approved specification. (2) No single-core flexible cable shall be used for supplying portable or mobile apparatus other than trolley-wire locomotives or welding electrode holders; each conductor in a flexible cable shall be covered with insulating material and such conductor and insulating material shall be adequately protected from damage. (3) A metallic covering provided to protect a flexible cable from damage shall not be used as the sole earthing conductor in respect of such cable or any apparatus connected thereto, unless such cable is of an approved specification. (4) No flexible cable by which electricity is supplied at a voltage exceeding 32 volts shall be connected to any electrical apparatus except Flexible cables

by means of a properly constructed connector. (5) All flexible cable in use shall be examined by a competent person at least once in each week, and any cable used with portable apparatus shall be examined immediately before use by the person authorised to use the apparatus; if any such cable is found damaged or defective it shall be repaired forthwith, or taken out of service, and such cable shall not be further used until it has been effectively repaired. 1316. (1) Every blasting cable shall be readily identifiable as follows: (a) twin twisted flex shall have one yellow sheath and one green sheath; (b) a multi-core sheath shall have green and yellow markings on the sheath. (2) Blasting cables shall not be used for any other purpose than blasting. (3) Current from telephone, signalling or lighting circuits or from any source other than a blasting box, or other blasting device approved for blasting, shall not be used in blasting circuits. (4) Adequate precautions shall be taken to prevent cables or conductors used in blasting circuits from coming into contact with other cables or electrical apparatus, other than an approved blasting box, or other device approved for blasting. 1317. (1) All parts of switchgear and of electrical connections shall be Switchgear and of sufficient mechanical strength and current carrying capacity to electrical joints prevent danger. and connections (2) All live parts of any switchgear and connections shall be so enclosed or otherwise protected as to prevent danger to persons accidentally coming into contact therewith, or danger from a deposit thereon of dust, water or other matter. (3) The material insulating any conductor in any cable shall be Blasting cables

efficiently protected at any point at which that conductor is connected to other apparatus where its insulating property might be diminished. (4) Wherever any cable protected by a metallic covering is connected to other apparatus such metallic covering shall be securely attached to that apparatus. (5) Every joint in any cable shall be(a) made in such a manner as to be mechanically and electrically sound; (b) such that the resistance of the jointed conductor shall not exceed that of a similar continuous and unjointed conductor; (c) such that the insulation thereof is not less effective than the insulation of the cable core and shall be protected against moisture. 1318. The following notices shall be exhibited at suitable places within Notices electrical generating stations, main substations and elsewhere as may be necessary to minimise danger: (a) a notice prohibiting unauthorised persons from operating or interfering with installed electrical apparatus; (b) and a notice containing directions upon the procedure in case of fire;

(c) a notice containing directions for the treatment of persons suffering from electric shock. 1319. (1) Any person doing any work with or on any electrical apparatus, which may make such apparatus a source of danger to persons, shall take adequate precautions to ensure the safety of such persons. (2) Any person neglecting to maintain or inspect or carry out work on electrical apparatus as instructed by a competent and more senior official shall be guilty of an offence. (3) No person shall be instructed to carry out any duty on any electrical Precautions and offences

apparatus, for which technical knowledge and experience are necessary to avoid danger, except under such a degree of supervision as may be appropriate having regard to the nature of the work and the knowledge and experience of the person concerned. (4) No person shall commence any work upon any conductor, or in proximity to any exposed conductor, being in either case a conductor in a circuit in which the voltage exceeds 32 volts A.C. or 50 volts D.C., until he has ensured that such conductor has been made dead, and has taken steps, by earthing or other adequate means, to ensure that it will remain dead until he is satisfied that it is safe to restore the current: Provided that the provisions of this sub-regulation shall not apply to(i) the cleaning of commutators and slip-rings in a circuit in which the voltage does not exceed 650 volts; (ii) welding equipment of an approved type; (iii) the replacement of incandescent lamps or fluorescent tubes in light fittings or elsewhere, in conditions such that this replacement may be effected without danger; (iv) any work on electrical apparatus which due to the location of such apparatus cannot be made dead, in which case, whilst this work is being performed, at least two competent persons shall be present throughout the operation; (v) the live testing of electrical apparatus, in which case suitable equipment shall be used. (5) No person, whose duties include the operation of any mobile or portable apparatus supplied with electricity by means of a flexible cable, shall at any time either leave that apparatus while it is working, or leave the working place, except for the purpose of cutting off the supply of electricity to the cable, without ensuring that the cable has been made dead, unless his instructions expressly authorise him to do so. (6) A person, whose duties include the operation during his shift of any electrical apparatus supplied with electricity by means of a flexible cable, shall ensure, before using that cable during that shift, that so much of it as is accessible is examined, and that any further parts which subsequently become accessible are also then examined, and he shall not use any cable which is found to be damaged or defective.

1320. Whenever any electrical apparatus is in use there shall be a competent person to operate such apparatus available or readily available on call.

Competent person to be available

PART XIV PETROL AND FUEL OIL STORAGE

1401. The regulations contained in this Part shall apply to the use and Application storage of petrol and fuel oil in any factory or part thereof used for or associated with the manufacture of explosives for sale commercially. 1402. In this Part and all other Parts subsequent thereto, unless the context otherwise requires"mobile container" means any container mounted on wheels, tracks or skids, whether self-propelled or otherwise, used for the conveyance of fuel oil; "portable container" means any container which when filled with fuel can be easily carried. 1403. No person shall replenish any self-propelled vehicle with petrol Vehicles to be or fuel oil except at a filling station approved by the manager: replenished at filling stations Provided that such replenishing may be done elsewhere from a suitably equipped mobile container approved in writing by the Chief Inspector or in an emergency a small quantity of petrol or fuel oil sufficient to enable the vehicle to be driven to a filling station may be taken to it in a portable container. 1404. (1) No petrol or fuel oil shall be stored in bulk in quantities in Quantities of excess of two thousand litres in any tank above or below ground except fuel which may Interpretation

with the prior written approval of the Chief Inspector and the maximum be stored capacity he will admit shall not exceed thirteen thousand litres. (2) No petrol shall be stored in drums in excess of a total of two hundred litres in any building or other place except with the prior written approval of the Chief Inspector. 1405. (a) (b) The manager shall ensure that every filling stationis constructed of non-flammable material; is provided with not less than two means of egress; Fuel storage tanks

(c) is ventilated by a flow of air sufficient to dilute and render harmless all gases emitted during filling operations; (d) has a concrete floor; (e) is kept provided with suitable equipment located in suitable positions for extinguishing fires; (f) between the hours of sunset and sunrise be equipped with suitable electric lighting for use when persons work therein and the bulbs and tubes used for such lighting shall be adequately protected. 1406. Every storage tank provided at any filling station for the purpose Suitable storage of containing petrol or fuel oil shall betanks (a) substantially constructed and not liable to leak; (b) equipped with a vent pipe not exceeding fifty millimetres in diameter suitably protected by two non-corrodable wire gauze diaphragms fixed to each tank and each such vent pipe shall be carried to the open air at least three metres above ground level but not within three metres of any door, window, chimney or exhaust pipe; (c) where such container or tank is placed below the surface of the ground, and is under a building, covered with reinforced concrete to a thickness of not less than one hundred and sixty millimetres and be wholly below the level of the lowest floor of any such building and filled only from outside such building through oil tight pipes fitted with screwed caps or valves; (d) electrically earthed, the resistance not to exceed five ohms.

1407. (1) Every fixed metal pipe in any filling station or associated Placing of metal with any storage tank shall be so placed that they will not be liable to be pipe damaged.

(2) Every pipe used for the purpose of refuelling shall be electrically earthed, the resistance not to exceed five ohms. 1408. No person shall take any petrol or fuel oil from any storage tank Conditions for or container at any filling station or elsewhere while any engine is taking petrol or running at any such place. fuel 1409. Every container used for transporting petrol or fuel oil shall be of suitable construction, leakproof and provided with positive locking devices. 1410. (1) During all petrol and fuel oil transfer operations the mobile container shall be effectively earthed. Suitable containers

Mobile containers to be earthed

(2) Any flexible hose used for transferring petrol or fuel oil shall be of an anti-static type and such hose shall be suitably inscribed to this effect. 1411. (1) Where any petrol or fuel oil is spilled in any place it shall be Removal of removed forthwith and if in the process of removing such petrol or fuel contaminated oil any material is contaminated such material shall be placed where the material material can be safely destroyed. (2) Every person spilling any petrol or fuel oil on any engine or vehicle shall forthwith wipe it up or cause it to be wiped up. 1412. (1) No person shall smoke or use any naked light in any filling station or at any other place where petrol and fuel oil is stored and notices shall be posted to this effect at all such places. (2) Notwithstanding the requirement of sub-regulation (1), no person shall smoke at any other place where any engine or vehicle is being replenished with petrol or fuel oil. 1413. The manager shall ensure that each filling station or other place Competent where petrol or fuel oil is stored is in the charge of a competent person. person to be in No smoking or naked lights

charge of storage and filling stations

PART XV TRANSPORT AND TRAMMING BY VEHICLES

1501. The regulations contained in this Part shall apply to the use, maintenance and inspection of vehicles used for transporting or tramming explosives or any other materials used in or associated with the manufacture of explosives for sale commercially. 1502. In this Part and in all other Parts subsequent thereto, unless the context otherwise requires"diesel engine" means an internal combustion engine powered by fuel oil; "portable fire extinguisher" means an efficient and suitable fire extinguisher of such size and weight that it can be readily handled by an individual; "vehicle" means any vehicle having wheels, tracks or skids self-propelled or otherwise which does not run on a track or rails. 1503. Every self-propelled vehicle shall be provided with(a) (i) an efficient braking system having two means of operation one of which can be applied by direct mechanical action; or (ii) two efficient braking systems, each having a separate means of operation, and so constructed that the failure on the part of the one shall not affect the effectiveness of the other; the same brake shoes operating within or upon the braking surface of the vehicle may be used when operating either of the two Specification for vehicles Application

Interpretation

braking systems; (b) (c) means for giving adequate audible warnings; a safe driving position for the driver;

(d) adequate lighting, which shall be used when such vehicle is operating between the hours of sunset and sunrise as prescribed hereunder: (i) in the case of a vehicle which travels regularly in a forward direction, two white headlights affixed to the front capable of illuminating the way ahead for a distance of at least thirty metres and a suitable reflector or red light affixed to the rear in such manner as to be visible directly from the rear; or (ii) in the case of a vehicle which may travel regularly in either direction, two white headlights affixed to the front and two to the rear of the unit, each set capable of illuminating the way ahead for at least thirty metres, and a suitable reflector or red light affixed to the front and the rear in such manner as to be clearly visible: Provided that any self-propelled vehicle operated by compressed air shall be exempt from the provisions of paragraphs (a), (b) and (d). 1504. It shall be the duty of the driver in charge of any self-propelled vehicle to ensure that(a) the brakes are in good working order; (b) the warning signals and lights are in good working order, and, in the event of them not being in good working order or not being affixed, he shall not move such vehicle except to the nearest place where repairs can be effected; and (c) such vehicle is not moved when the brakes are not in good working order: Provided that where only one of the braking systems specified in regulation 1503 is out of order, the driver may move such vehicle to the nearest place where repairs can be effected to the defective system, but where both such systems are defective, then such vehicle may only be towed to the workshop by another vehicle connected to the defective unit by means of a rigid towing bar. 1505. (1) Every self-propelled vehicle excluding private motor cars Fire Driver to ensure that vehicle has necessary safety requirements

shall be equipped with a portable fire extinguisher which shall be readily extinguishers accessible to the driver when the vehicle is in use. (2) It shall be the duty of the driver of any self-propelled vehicle to ensure that the portable fire extinguisher required in accordance with sub-regulation (1) is affixed to the vehicle and if not so affixed he shall forthwith notify his immediate superior. 1506. Where the speed of any self-propelled vehicle may be limited for Speed indicator any reason an operative speed indicator shall be provided and maintained unless the speed of such vehicle is governed mechanically in such manner that the limited speed cannot be exceeded. Vehicle not to 1507. The driver of any self-propelled vehicle shall not leave his vehicle unattended other than at a place where it is normally kept when be left not in use unless he has taken all reasonable precautions to ensure that it unattended cannot inadvertently be set in motion. 1508. (1) The manager shall take all reasonable precautions to ensure that every vehicle in use has a reasonably unobstructed view in the direction of travel or he shall make arrangements to ensure that when this is not so, especially when such vehicle reverses, that the driver is guided by suitable signals given by a person authorised to give such signals. (2) No driver shall move his vehicle when his view is obstructed unless or until he receives a suitable signal as is required to be given in accordance with sub-regulation (1). (3) No person, being a person authorised to give signals in accordance with sub-regulation (1), shall give any signal until he has satisfied himself that it is safe for the vehicle to be signalled to move. 1509. Every vehicle and each of its accessories shall so far as is practicable be of non-flammable materials so as to minimise the risk of fire. 1510. (1) The manager shall ensure that there is in force a scheme for the systematic inspection, examination and testing of all self-propelled Vehicle to be of non-flammable material Scheme for inspection of Drivers to have unobstructed view

vehicles in use. (2) The self-propelled vehicles required to be inspected in accordance with sub-regulation (1) are(a) those owned by the explosives factory;

vehicles

(b) those not owned by the explosives factory but operated by the explosives factory; and (c) those not owned by the explosives factory but operated by a contractor: Provided that this regulation shall not apply to any vehicle owned and operated by any railway authority. (3) The inspections, examinations and tests referred to in this regulation shall be such as to ensure that the external parts of the engine or motor, the condition and operation of all controls, safety devices and signal arrangements are in all respects in proper working order. 1511. Every self-propelled vehicle which is required to be examined in Workshops accordance with regulation 1510 shall be so examined in a suitable workshop which shall(a) (b) be constructed of non-flammable material; be provided with not less than two means of egress;

(c) be ventilated by a current of air sufficient to dilute and render harmless the exhaust gases emitted while the engine is being run therein; (d) have a concrete floor; (e) be equipped with suitable means of inspecting the vehicle from below; (f) be kept provided with suitable equipment located in suitable positions for extinguishing fires; (g) between the hours of sunset and sunrise on the surface be equipped with suitable electric lighting for use when persons are working therein and the bulbs or tubes used shall be adequately protected.

1512. The manager shall ensure that every self-propelled diesel unit shall be so constructed and maintained that(a) (b) 1513. air entering the engine is cleaned; the emission of flames or sparks is prevented. No person shall-

Control of gases

(a) wilfully damage or interfere with or order any other person to damage or interfere with any vehicle or part thereof; or (b) neglect to inspect or maintain any vehicle which he is required to inspect or maintain under the provisions of these Regulations; or (c) get on or off any vehicle whilst it is in motion, except those persons directly engaged in shunting operations on the surface; or (d) ride in or on any vehicle unless authorised to do so and then only in such position so as not to endanger himself or any other person; or (e) drive or operate any vehicle unless he is competent to do so and has been so authorised in writing by his shiftboss, foreman or more senior official; or (f) negligently or wilfully drive or operate or cause to be driven or operated any vehicle in such manner as to endanger the safety or health of any person. 1514. No person shall ride in or on any vehicle unless suitable and adequate accommodation has been provided for this purpose.

Offences in connection with vehicles

No riding unless accommodation

PART XVI HEALTH, SAFETY AND WELFARE

1601. The regulations contained in this Part shall apply to any explosives factory. 1602. The manager shall ensure that any effluent water discharged Application

Effluent water.

from any treatment or other process is so discharged as to comply with the provisions of the Water Act.

Cap. 198

1603. All inflammable material shall be stored in a suitable manner Flammable and at a safe distance from any explosives magazine, box or danger area. materials 1604. Any welding or other operation which might create a fire hazard Welding shall not be carried out anywhere unless adequate precautions have first operations been taken. 1605. The manager shall ensure that there is provided sufficient and suitable latrine accommodation and all such latrine accommodation shall be well ventilated, well lit and kept in a clean condition. Latrine accommodation

1606. (1) The manager shall render monthly labour returns to the Chief Labour returns Inspector on or before the fifteenth day of the month following that to which they relate. (2) Such returns shall be submitted on the Forms set out in the Third Schedule. (3) (a) Separate returns shall be rendered in respect of(i) all persons directly employed; (ii) all persons (if any) employed by contractors who are under contract. (b) On or before the third day of every month, such contractors shall submit to the manager a return providing all the information required for the completion of Form 23 in respect of persons employed by them during the preceding month in terms of their contract. (c) A list of such contractors by name shall accompany each monthly return submitted in pursuance of paragraph (a) (ii) or be written on the reverse side of the return. 1607. (1) There shall be provided suitable change house accommodation proportionate in size to the number of persons employed in the danger areas: Change house accommodation

Provided that, when at any time there is insufficient accommodation for the number of persons employed, the Chief Inspector may, upon written application, after having duly considered the circumstances, grant an exemption from the provisions of this sub-regulation specifying any conditions he may wish to impose. (2) The change house accommodation shall have(a) sufficient lockers, cupboards or other suitable accommodation capable of being locked so as to enable every person employed to store his clothes separately; (b) (c) (d) adequate facilities for bathing; adequate facilities for washing and drying clothes; and suitable latrine accommodation.

(3) Every person in any danger area working with explosives or any associated operation which brings him into contact with explosives shall use the facilities provided for bathing and changing. (4) The Chief Inspector may require that change house accommodation be provided for any persons employed if, in his opinion, this is warranted by the nature of their work. (5) The change house accommodation provided for danger areas shall be situated conveniently to such areas, except that, when this is not convenient or possible, persons who are required to use such accommodation shall be provided with transport to reach such accommodation. 1608. (1) The protective clothing provided by the manager in accordance with regulation 287 shall be the personal responsibility of the person to whom such clothing is issued. (2) The person to whom the clothing is issued shall ensure that before Responsibility for protective clothing

entering any danger area such clothing is clean and, if it is not, then he shall not enter until such time as he has exchanged such dirty clothing. (3) The manager shall ensure that spare clean clothing is made available to any person requiring to exchange clothing in accordance with sub-regulation (2). 1609. (1) The protective equipment provided by the manager in accordance with regulation 287 shall be the personal responsibility of the person to whom such equipment is issued. (2) Every such item of equipment shall only be used for the purpose for which it is provided. 1610. (1) Persons working in any danger area shall only be permitted to Permitted take into such area a handkerchief and papers with notes or instructions articles in excepting where such persons are checkers of stock or supervisors a pen danger areas or pencil, notebook and rubber. (2) No person shall take into a danger area any other loose article. 1611. (1) Save as is provided in sub-regulation (2), no person shall employ in any danger area a youth under the apparent age of eighteen years. (2) The provisions of sub-regulation (1) shall not apply to the employment of any male for the purposes of apprenticeship or other systematic vocational training provided under adequate supervision by competent persons. (3) The manager shall ensure that a register is kept in which the following entries shall be made and retained therein from the date of engagement up to twelve months after the date on which employment ceases: (a) the name of every person employed at the explosives factory together with some positive means of identification; Employment of persons Responsibility for protective equipment

(b) the dates of engagement and termination of employment of each such person; (c) in the case of the death of any such person, the date, place and (as far as can be ascertained) the cause of death; (d) in the case of each person who is employed in a danger area and who is less than twenty years old(i) his date of birth, duly certified wherever possible; and (ii) the date on which he was employed in the danger area in the undertaking for the first time.

FIRST SCHEDULE
THE EXPLOSIVES ACT (Section 2) THE EXPLOSIVES REGULATIONS (Regulations 102 and 837)

CLASSES OF EXPLOSIVES
Explosives shall for the purpose of these Regulations be divided into the following classes: Class 1-Gunpowder Class 2-Blasting Agents Class 3-Nitro-compounds Class 4-Chlorate Mixtures Class 5-Fulminates Class 6-Detonators

Class 7-Blasting Initiators In accordance with section two of the Explosives Act any explosive included in the list approved by the Minister and published in the Gazette is an "authorised explosive". The current list is in the Fifth Schedule. Explosives not included in the current list shall be approved prior to inclusion in such list. New explosives will be classified, in accordance with the definitions set out hereunder: Class 1. The term gunpowder includes blasting powder and means exclusively gunpowder ordinarily so called, consisting of an intimate mixture of saltpetre (potassium nitrate), sulphur and charcoal, such saltpetre not containing as an impurity perchlorate of potash in greater quantity than one per centum. Class 2. Blasting agent means any nitrate mixture which, when used for blasting purposes, cannot be normally detonated without the use of a nitro-compound primer or booster. Class 3. Nitro-compound means any chemical compound or mechanically mixed preparation that consists wholly or partly of nitro-glycerine, or of some other liquid nitro-compound, which is used for blasting purposes and shall include any other compound or mixture used for such purpose being of a similar sensitivity. Class 4. The term chlorate mixture means any explosive containing a chlorate. Class 5. Fulminate means any chemical compound or mechanical mixture that by reason of its great susceptibility to detonation is suitable for employment in any appliance for initiating detonation. Class 6. Detonator means a device enclosing a sensitive explosive and prepared so as to be used for initiating the detonation of less sensitive explosives and shall include any other explosive device of similar sensitivity to the standard plain detonator. Class 7. Blasting initiator means any fuse or device used in the ignition of a plain detonator.

SECOND SCHEDULE

THE EXPLOSIVES REGULATIONS (Regulations 205, 216, 230 and 524)

SAFETY DISTANCES FROM MAGAZINES (IN METRES)

To and between To Cases To another Danger To PublicInhabited (of 25 kg) Magazine Buildings Places Buildings (a) (b) (c) (d) 4 8 12 16 20 24 28 32 36 40 80 120 160 200 240 280 320 360 400 800 1 200 1 600 2 000 2 400 2 800 3 200 3 600 4 000 4 400 4 800 5 200 11 14 16 18 19 20 21 22 23 24 29 34 39 42 44 47 49 50 51 62 72 82 88 95 100 104 108 111 112 114 117 21 27 31 36 41 44 48 51 53 56 88 110 124 135 145 154 162 169 175 226 256 282 304 324 342 358 372 386 402 416 430 30 30 34 41 48 54 60 65 70 75 116 142 164 182 188 212 221 229 235 302 347 380 410 438 460 480 498 516 538 556 567 31 50 67 83 97 111 122 133 142 150 230 285 325 361 385 417 437 456 472 598 693 760 820 870 914 954 985 1016 1 054 1 078 1 108

Quantity (kg) 100 200 300 400 500 600 700 800 900 1 000 2 000 3 000 4 000 5 000 6 000 7 000 8 000 9 000 10 000 20 000 30 000 40 000 50 000 60 000 70 000 80 000 90 000 100 000 110 000 120 000 130 000

140 000 150 000 160 000 170 000 180 000 190 000 200 000 210 000 220 000 230 000 240 000 250 000

5 600 6 000 6 400 6 800 7 200 7 600 8 000 8 400 8 800 9 200 9 600 10 000

119 122 126 128 130 132 134 136 139 142 146 148

443 456 468 481 491 500 509 516 522 526 530 533

582 596 609 622 635 646 656 665 672 682 690 694

1 138 1 166 1 193 1 219 1 245 1 267 1 292 1 312 1 330 1 356 1 377 1 398

(a) Distance between a magazine and any other magazine. (b) Distance between a magazine and a danger building and distance between a danger building and another danger building. (c) Distance between a magazine and any railway, airport, canal, dock, jetty, market place, public recreation ground, public highway or private road. (d) Distance between a magazine and any dwelling-house, shop, government or public office, church, school, hospital, theatre, factory, petrol or diesel storage tank, or any building or works used for the storage of flammable material. The distance between two magazines or a magazine and a danger building shall be the shortest distance between the nearest walls of such building.

THIRD SCHEDULE

FORM 1
REPUBLIC OF ZAMBIA THE EXPLOSIVES REGULATIONS (Regulation 605 (1)) APPLICATION FOR A PERMIT TO PURCHASE, ACQUIRE AND POSSESS EXPLOSIVES Chief Inspector of Mines P.O. Box 1006 Kitwe Please issue a permit to purchase, acquire and possess the following explosives: SUPPLIER: TITLE OF HOLDER: PURCHASER: ADDRESS: FOR OFFICE USE ONLY MAGAZINE MAGAZINE PERMIT DESCRIPTION CAPACITY BOX NOS NOS QUANTITY Nitro-compound (cases) Cordtext (cases) Blasting Agents (cases/bags) Detonators and Capped Fuses (No.) Safety Fuse (cases) Igniter Cord (cases) Issued by Persons who will use the explosives: NAME BLASTING LICENCE NO.

DATE STAMP Intended use of explosives at Authorised Vehicle No. MVA I undertake to return the completed triplicate copy of any permit issued against this application upon receipt of the explosives, and understand that no further permit will be issued until the triplicate has been received by the Mines Safety Department. Date ............................................................ To be completed in BLOCK CAPITALS Signature of Holder/Deputy Name Notes: (1) Where more than one permit is required against this application please indicate overleaf together with any other special requirements. Notes: (2) Where applicant proposes to transport the explosives in any vehicle other than an authorised vehicle please give details of the vehicle. Explosives File.

FORM 2 REPUBLIC OF ZAMBIA THE EXPLOSIVES REGULATIONS

(Regulation 605 (3)) PERMIT TO PURCHASE, ACQUIRE AND POSSESS EXPLOSIVES SUPPLIER: PERMISSION is hereby granted to (title of holder) of to purchase, acquire and possess the following explosives:

DESCRIPTION Nitro-compounds (cases) Cordtex (cases) Blasting Agents (bags/cases) Detonators and Capped Fuses (cases) Safety Fuse (cases) Igniter Cord (cases)

QUANTITY

MAGAZINE CAPACITY

MAGAZINE BOX NOS

Intended use of explosives Authorised Vehicle No. MVA Other Conditions

at

Inspector of Explosives DEPARTMENTAL STAMP The Chief Inspector of Mines Mines Safety Department P.O. Box 1006 Kitwe The explosives purchased on this permit were stored in Magazine/Box No. ..................................... 19........ .................... on ............................................................,

Holder

Name, block capitals Original: Supplier Duplicate: Purchaser Triplicate: Explosives File Quadruplicate: Permit Register

FORM 3 REPUBLIC OF ZAMBIA

THE EXPLOSIVES REGULATIONS (Regulation 202 (1)) LICENCE TO MANUFACTURE EXPLOSIVES IN A FACTORY (Not transferable) OWNER: LICENCE is hereby granted to the Manager..........to manufacture explosives of the classes set out herein and subject to such special conditions as are set out hereunder: CLASSES OF EXPLOSIVES: PREMISES AT WHICH EXPLOSIVES ARE TO BE MANUFACTURED: SPECIAL CONDITIONS: FEE PAID 1000 fee units This licence is renewable annually on the first day of January.

Chief Inspector of Explosives DEPARTMENTAL STAMP Original: Holder Duplicate: Displayed behind glass at premises Triplicate: Explosives File Quadruplicate: Magazine Register (As amended by Act No. 13 of 1994)

FORM 4
REPUBLIC OF ZAMBIA THE EXPLOSIVES REGULATIONS (Regulation 202 (2)) LICENCE TO MANUFACTURE BLASTING AGENTS (Not transferable) OWNER: LICENCE is hereby granted to ............................................................................ (holder) to manufacture blasting agents of the classes set out herein and subject to such special conditions as are set out hereunder, such blasting agents not being for sale commercially: CLASSES OF BLASTING AGENTS: SITE AT WHICH EXPLOSIVES ARE TO BE MANUFACTURED: SPECIAL CONDITIONS: FEE PAID 100 fee units This licence is renewable annually on the first day of January.

Chief Inspector of Explosives DEPARTMENTAL STAMP Original: Holder Duplicate: Displayed behind glass at site Triplicate: Explosives File Quadruplicate: Magazine Register (As amended by Act No. 13 of 1994)

FORM 5
REPUBLIC OF ZAMBIA THE EXPLOSIVES REGULATIONS (Regulation 339) AUTHORISATION OF A MOTOR VEHICLE FOR THE TRANSPORTATION OF EXPLOSIVES

REGISTERED OWNER OF VEHICLE: AUTHORITY is hereby granted to the registered owner to use the vehicle hereinafter described for the purpose of transporting explosives: DESCRIPTION OF VEHICLE: MOTOR VEHICLE REGISTRATION NO. MAXIMUM QUANTITY OF EXPLOSIVES PERMITTED TO BE CARRIED: DETONATORS NITRO-COMPOUND (cases) BLASTING AGENTS (cases/bags) SPECIAL CONDITIONS:

Chief Inspector of Explosives

DEPARTMENTAL STAMP FEE PAID 100 fee units NOTE: This authorisation does not exempt the owner from satisfying the requirements of the Roads and Road Traffic Act (Cap. 464) or the insurer. Failure to maintain the above vehicle in accordance with the requirements of the

Explosives Regulations may result in the suspension or cancellation of this authorisation. The duplicate of this authorisation shall be carried in the vehicle to which it refers at all times. Original: Owner Duplicate: To be carried in vehicle Triplicate: Explosives File Quadruplicate: Magazine Register (As amended by Act No. 13 of 1994)

FORM 6
B.L.No. Type AMO/OP/SO/WSO

REPUBLIC OF ZAMBIA THE EXPLOSIVES REGULATIONS (Regulation 804 (4)) APPLICATION FOR A BLASTING LICENCE

Receipt No. Issued by Date FOR

OFFICE USE ONLY

TYPE of licence required * ALL MINING OPERATIONS * OPEN PIT ONLY * SURFACE ONLY * WELL-SINKING ONLY Name of Applicant: National Registration No. Signature of Applicant TRAINING Course of Training in Blasting Operations: EXPERIENCE Assistant with Primary and Secondary Blasting Operations General Mining Operations OTHER RELEVANT INFORMATION: Professional Qualifications: Foreign Blasting Licences held (to be produced at examination) Mining Experience gained outside the Republic STATEMENT OF EMPLOYER: Shifts Shifts Shifts Apparent Age: years

To the best of my knowledge and belief, the information given above is correct and the applicant is a respons competent to carry out blasting operations in accordance with the Explosives Regulations.

Date .................................................................................... * Delete whichever is not applicable

............................................................ Holder/Deputy

FORM 7

REPUBLIC OF ZAMBIA THE EXPLOSIVES REGULATIONS (Regulation 804 (1) and (6)) BLASTING LICENCE (Not transferable) No. This is to certify that......................................................... (Surname BLOCK CAPITALS) ......................................................... ......................................................... (Other names) is licensed to conduct blasting operations of the following category:

PHOTOGRAPH

Signature of Licensee National Registration

......................................................... Licensee ........../........../......... Signature of Inspector of Mines

Number of

Issued at Date of Issue LICENCE FEE 30 fee units

Right thumbprint of licensee if illiterate

(As amended by Act No. 13 of 1994)

FORM 8
REPUBLIC OF ZAMBIA THE EXPLOSIVES REGULATIONS (Regulation 804 (7)) BLASTING LICENCE EXAMINATION FEE Received from of Blasting Licence No. issued/not issued*. LICENCE FEE 20 fee units

Inspector of Mines DEPARTMENTAL STAMP If applicant is not successful state reasons below: *Delete whichever is not applicable Original: To applicant Duplicate: To be retained in this book (As amended by Act No. 13 of 1994)

FORM 9
REPUBLIC OF ZAMBIA THE EXPLOSIVES REGULATIONS (Regulations 305 (1) and 532 (1)) LICENCE FOR AN EXPLOSIVES MAGAZINE (Not transferable) OWNER: LICENCE is hereby granted to ................................................................................ (holder) to use the building hereinafter described for the storage of explosives in such quantities and subject to such special conditions as are set out below: DESCRIPTION: LOCATION: MAXIMUM QUANTITY OF EXPLOSIVES PERMITTED TO BE STORED: DETONATORS NITRO-COMPOUND (cases) or BLASTING AGENTS SPECIAL CONDITIONS: (cases/bags) FEE PAID 500 fee units Chief Inspector of Mines DEPARTMENTAL STAMP Original: Holder Duplicate: Displayed behind glass in magazine Triplicate: Explosives File Quadruplicate: Magazine Register (As amended by Act No. 13 of 1994)

FORM 10
REPUBLIC OF ZAMBIA THE EXPLOSIVES REGULATIONS (Regulation 539 (1)) AUTHORISATION FOR AN EXPLOSIVES MAGAZINE (Not transferable) OWNER: AUTHORISATION is hereby granted to ................................................................ (holder) to use the static or portable magazine hereinafter described for the storage of explosives in such quantities and subject to such special conditions as are set out below: DESCRIPTION: LOCATION: MAXIMUM QUANTITY OF EXPLOSIVES PERMITTED TO BE STORED: DETONATORS NITRO-COMPOUND (cases) or BLASTING AGENTS SPECIAL CONDITIONS: (cases/bags) FEE PAID 200 fee units Chief Inspector of Mines DEPARTMENTAL STAMP Original: Holder Duplicate: Displayed behind glass in magazine Triplicate: Explosives File Quadruplicate: Magazine Register (As amended by Act No. 13 of 1994)

FORM 11
REPUBLIC OF ZAMBIA THE EXPLOSIVES REGULATIONS (Regulation 542 (1)) SANCTION FOR AN UNDERGROUND EXPLOSIVES MAGAZINE (Not transferable) OWNER: SANCTION is hereby granted to ........................................................................ (holder) to use the underground magazine hereinafter described for the storage of explosives in such quantities and subject to such special conditions as are set out below: DESCRIPTION: LOCATION: MAXIMUM QUANTITY OF EXPLOSIVES PERMITTED TO BE STORED: DETONATORS NITRO-COMPOUND (cases) or BLASTING AGENTS SPECIAL CONDITIONS: (cases/bags) FEE PAID 50 fee units Chief Inspector of Mines DEPARTMENTAL STAMP Original: Holder Duplicate: Displayed behind glass in magazine Triplicate: Explosives File Quadruplicate: Magazine Register (As amended by Act No. 13 of 1994)

FORM 12
REPUBLIC OF ZAMBIA THE EXPLOSIVES REGULATIONS (Regulation 540 (1)) AUTHORISATION FOR AN EXPLOSIVES STORAGE BOX (Not transferable) OWNER: AUTHORISATION is hereby granted to .............................................................. (holder) to store and convey explosives in the box hereinafter described in such quantities and subject to such special conditions as are set out below: DESCRIPTION: LOCATION: MAXIMUM QUANTITY OF EXPLOSIVES PERMITTED TO BE STORED: 500 DETONATORS 2 cases NITRO-COMPOUND or 2 cases/bags BLASTING SPECIAL CONDITIONS: AGENTS FEE PAID 50 fee units Chief Inspector of Mines DEPARTMENTAL STAMP Original: Holder Duplicate: Displayed behind glass in box Triplicate: Explosives File Quadruplicate: Magazine Register (As amended by Act No. 13 of 1994)

FORM 13
REPUBLIC OF ZAMBIA THE EXPLOSIVES REGULATIONS (Regulation 214 (2)) AUTHORISATION FOR A DANGER BUILDING (Not transferable) OWNER: AUTHORISATION is hereby granted to the Manager to use the building hereinafter described for the manufacture of explosives subject to the conditions set out below: INDIVIDUAL NAME OF BUILDING: DANGER BUILDING NO.: MAXIMUM QUANTITY OF EXPLOSIVES PERMITTED IN BUILDING AT ANY ONE TIME (In kg.): MAXIMUM NUMBER OF PERSONS PERMITTED IN BUILDING AT ANY ONE TIME: AUTHORISED OPERATIONS: FEE PAID 100 fee units Chief Inspector of Mines DEPARTMENTAL STAMP Original: Manager Duplicate: Displayed behind glass in danger building Triplicate: Explosives File Quadruplicate: Magazine Register (As amended by Act No. 13 of 1994)

FORM 14
REPUBLIC OF ZAMBIA CERTIFICATE OF IDENTITY APPOINTMENT This is to certify that: duly appointed in accordance with section 83 of the Mines and Minerals Act (Cap. 213) and section 5 of the Explosives Act is: PHOTOGRAPH

and Signature Chief Inspector of Mines/Explosives Signature Bearer

(Reverse) In accordance with regulation 301 of the Mining Regulations (Cap. 213) and section 5 of the Explosives Act this certificate empowers the bearer to enter, examine and inspect, by day or night, without let or hindrance, any mine or part thereof and any place where explosives are used, manufactured, transported, handled or stored within the Republic. Further, as an officer appointed under section 12 of the Explosives Act, he may, without warrant, stop, search and detain any vehicle or person suspected of unlawfully conveying explosives and may enter, without restraint, using force if necessary, any place or premises where explosives may be unlawfully manufactured or kept.

FORM 15 REPUBLIC OF ZAMBIA

CERTIFICATE OF IDENTITY APPOINTMENT This is to certify that: duly appointed in accordance with section 83 of the Mines and Minerals Act (Cap. 213) and section 4 of the Explosives Act is: and Signature Chief Inspector of Mines/Explosives Signature Bearer

PHOTOGRAPH

(Reverse) In accordance with regulation 301 of the Mining Regulations (Cap. 213) and section 5 of the Explosives Act this certificate empowers the bearer to enter, examine and inspect, by day or night, without let or hindrance, any mine or part thereof and any place where explosives are manufactured, for the purpose of inspecting any machinery or part thereof used for or associated with the manufacture of explosives.

FORM 16 REPUBLIC OF ZAMBIA

CERTIFICATE OF IDENTITY APPOINTMENT This is to certify that: duly appointed in accordance with section 83 of the Mines and Minerals Act (Cap. 213) and section 4 of the Explosives Act is:

PHOTOGRAPH

and Signature Chief Inspector of Mines/Explosives Signature Bearer

(Reverse) In accordance with section 83 of the Mines and Minerals Act (Cap. 213) this certificate empowers the bearer to enter, at all reasonable times, any mine or part thereof for the purpose of carrying out the duties assigned to him, as an authorised officer, by the said Act and further in accordance with section 4 of the Explosives Act the bearer may enter, at all reasonable times, any place where explosives are used, manufactured, transported, handled or stored for the purpose of carrying out any duty as may be, from time to time, assigned to him by the Chief Inspector.

FORM 17 REPUBLIC OF ZAMBIA

THE EXPLOSIVES REGULATIONS (Regulation 111 (1)) ADMISSION OF CONTRAVENTION I, ................................................................................................., of .................... ....................................., admit that I have committed a contravention of Explosives Regulation(s) in that This ................................................................................... day of ................ ........................................, 19........, at Signed

FORM 18 REPUBLIC OF ZAMBIA

THE EXPLOSIVES REGULATIONS (Regulation 111 (2)) AUTHORISATION TO HOLDER I, .................................................................................................... ............, No ......................., having admitted contravening Explosives Regulation ..................................... ..................... hereby authorise the Manager of ............................................................................ ...... or his lawful deputy to deduct the sum of ...................................... .......... kwacha (K....................) from the wages due to me for the month of .................................................. ........., 19................, being the amount of a fine imposed by Inspector/Official This .......................................... 19........, at Signed (Contravener) Duplicate the sum copy only RECEIVED on behalf of the Government of the Republic of Zambia ....... day of ........................................................,

of .......................................... kwacha being the amount of the above fine. ......................................................................... Date ....................................................................................................... Inspector/Official Original: Manager Duplicate: Offender, upon payment of fine Triplicate: Retained in book

FORM 19

REPUBLIC OF ZAMBIA
THE EXPLOSIVES REGULATIONS (Regulations 130 (5) and 284 (5)) ACCIDENT REPORT Name of Factory or Works The Chief Inspector Number of Accident .................................................. (1) P.O. Box 1006 *Fatal/Non-fatal Kitwe NOTICE is hereby given of an accident, the details of which are: Name of injured person .............................................. ..... Factory/Works No. ...................... Nature of employment Date of accident .......................................................... ............. Time ............................. hrs Place of accident If not employed by the factory or works state name of actual employer Nature and extent of injury Cause of accident CLASSIFICATION (Place an "X" against number applicable):

Electricity . .

..

.. .. .. ..

.. .. .. .. ..

1 .. .. .. .. .. 2 3 4 5 6

Moving Machinery Handling Tools . . Nails and Splinters Handling Material Men Falling ..

..

..

Transport: Explosives .. Men and Material

.. ..

.. ..

.. ..

7 (a) 7 (b)

Burns: Chemical Heat Fall of Material . .

.. .. ..

.. .. ..

.. .. ..

8 (a) 8 (b) 9

Explosives: During blasting operations . . During manufacture . . .. Other .. .. .. .. Gassing .. .. .. .. ..

.. 10 (a) .. 10 (b) 10 (c) 11 .. 12

Other causes (specify) . .

(1) Accidents should be numbered 1/73; 2/73, etc. (2) Where two or more persons are injured as a result of one accident, these should be numbered 1A/73; 1B/73, etc. * Delete word not applicable. Signature of Manager or Holder

REPUBLIC OF ZAMBIA FORM 20 THE EXPLOSIVES REGULATIONS

(Regulation 606 (4)) MONTHLY RETURN OF EXPLOSIVES-NITRO-COMPOUNDS HOLDER.......................................................................................................... MINE/WORKS .............................................................................. MONTH 19.......... Ammon Gelignite (cases) Stock previous month end Receipts ex Kafironda .. . .. . Receipts other . . .. .. TOTAL . .
.. ..

Ammon Dynamite (cases)

Waterproof Dynamite (cases)

Pentagel (cases)

Detinatin Fuse (cases)

Less stock this month end .. .. TOTAL . .

.. ..

Less sold or destroyed

.. .. .. Used in operations .. .. ..
DETAILS Permit No.

OF PURCHASES FROM OTHER SOURCES, SOLD OR DESTROY Quantities Type Purcha

Date .................................................................................................

............................................................................................ Signature of Holder/Depu

THE EXPLOSIVES REGULATIONS

(Regulations 271 (2) and 606 (4)) MONTHLY RETURN OF EXPLOSIVES-BLASTING AGENTS HOLDER.......................................................................................................... MINE/WORKS .............................................................................. MONTH 19.......... Anfex (bags 25 kg) Stock previous month end Receipts ex Kafironda .. . .. . Receipts other . . . . . . TOTAL . . . . . . Less stock this month end .. .. TOTAL . . . . . . Less sold or destroyed . . .. .. Used in operations . . . . .. Sinex (cases 25 kg) Blasting Agents* (bags 25 kg) Iremite (cases 25 kg)

Ireg (cases 2

* Give number of bags of Ammonium Nitrate used to manufacture Blasting A

DETAILS Permit No.

OF PURCHASES FROM OTHER SOURCES, SOLD OR DESTROY Quantities Type Purcha

Date .................................................................................................

............................................................................................ Signature of Holder/Depu

THE EXPLOSIVES REGULATIONS

(Regulation 606 (4)) MONTHLY RETURN OF EXPLOSIVES-DETONATORS AND BLASTING INITIATORS HOLDER.......................................................................................................... MINE/WORKS .............................................................................. MONTH 19.......... Plain Detonators (number) Stock previous month end Receipts ex Kafironda .. . .. . Receipts other . . . . . . TOTAL . . . . . . Less stock this month end .. .. TOTAL . . . . . . Less sold or destroyed . . .. .. Used in operations . . . . ..
DETAILS Permit No.

Electric Detonators (number)

Detonating Relays (number)

Safety Igniter Fuses Cord (metres100) (metres100)

OF PURCHASES FROM OTHER SOURCES, SOLD OR DESTROY Quantities Type Purcha

Date .................................................................................................

............................................................................................ Signature of Holder/Depu

FORM 23 REPUBLIC OF ZAMBIA

THE EXPLOSIVES REGULATIONS (Regulation 1606) MONTHLY LABOUR RETURN KAFIRONDA FACTORY MONTH ..........................................., 19......... * DIRECT LABOUR/CONTRACTORS Average number of employees at work each working day Average number of casual labourers employed each working day .. .. .. .. .. .. Average number of casual labourers employed each working day .. .. .. .. .. .. Total manshifts worked including Sundays and Holidays .. Total man hours worked (including overtime, Sundays and Holidays) .. .. .. .. .. ..

* Strike out whichever is not applicable Date ...................................................., 19........... .................................................................. ..................... Signature of Manager

FOURTH SCHEDULE
THE EXPLOSIVES REGULATIONS (Regulations 124, 125, 205 and 524 (2))

TABLE I
Distances for National AM Broadcast Transmitters in 0.5 to 1.6 MHz range. Transmitter Power kilowatts (1) Up to 4 5 10 25 50 100 500 Minimum Distance metres 230 260 370 600 850 1 200 2 700

TABLE II
Distances for Transmitters from 1.6 MHz to 30 MHz when a loop configuration is used in a blasting circuit. Transmitter Minimum Power Distance kilowatts (1) metres 0.1 230 0.5 520 10. 730 50. 1 700 50. 5 200 5000. 16 800 (1) Power delivered to antenna.

TABLE III
Distances for Mobile Communication, Amateur and other Transmitters

Transmitter Power (1) Watts 10 50 250 1 000 5 000

MF 1 to 4 MHz

HF 4 to 35 MHz

VHF (2) 35 to 87.5 MHz

VHF 100 to 174 MH

Minimum Distance in Metres 12 27 60 120 290 30 68 145 300 530 12 27 60 125 300 5 10 20 45 100

Minimum distance of approach with 5 watt portables in 3 metres (1) Power delivered to antenna. (2) The frequency range 87.5 MHz to 100 MHz is normally allocated to FM Broadcast Transmitters.

TABLE IV
Distances for National TV Broadcast Transmitters Effective Radiated Power kilowatts Up to 1 10 78 100 500 41MHz to 68 MHz 174 MHz to 223 MHz 230 400 650 700 1 000

Minimum Distance in Metres 300 550 900 980 1 500

FIFTH SCHEDULE
THE EXPLOSIVES ACT (Section 2)

AUTHORISED EXPLOSIVES
Class 1. Gunpowder NIL Class 2. Blasting Agents Anba Anfex Iregel Iremite Sinex Class 3. Nitro-compounds Ammon Dynamite Ammon Dynamite Waterproof Ammon Gelignite Collodion Cotton Cordtex Dynagel Nitro Cellulose Nitro-compound Slurries Nitro Cotton Penaerythritol Tetranite (PETN)

Pentagel Pentalite Rocktex Class 4. Chlorate Mixtures NIL Class 5. Fulminates NIL Class 6. Detonators Capped Fuses Cordtex Detonating Relays Electric Detonators Electric Primered Detonators Plain Detonators Class 7. Blasting Initiators Delay Ignitercord Igniters Electric Current Indicators (policemen) Electric Ignitercord Igniters Fuse Igniters Ignitercord Ignitercord Connectors Safety Fuse

CHAPTER 116 THE ORGANISATIONS (CONTROL OF ASSISTANCE) ACT

ARRANGEMENT OF SECTIONS

Section 1. 2. 3. 4. 5. 6. 7. Short title Interpretation Authorisation of public officers to assist Registrar Prohibition of certain forms of assistance Offence Application to High Court to invoke penalties Effect of order under section 6

8. 9. 10. 11.

Recovery of amount ordered to be paid Evidence and information Offences Legal proceedings

CHAPTER 116

ORGANISATIONS (CONTROL OF ASSISTANCE)

11 of 1966 13 of 1994

An Act to regulate the giving of assistance to organisations by foreign governments; to create offences in relation thereto; and to provide for matters incidental to or connected with the foregoing. [22nd April, 1966] 1. This Act may be cited as the Organisations (Control of Assistance) Short title Act. 2. (1) In this Act, unless the context otherwise requires"assistance" means assistance in the form of cash, gifts, loans, donations, property, travel vouchers or tickets: Provided that the President may declare any form of assistance to be excluded from the operation of this definition; "foreign government" means(a) (b) a government other than the Government; any international body or agency; Interpretation

and any other association or organisation declared by the President to be a foreign government for the purposes of this Act; "office-bearer", in relation to any organisation, means a member of the governing or executive body of the organisation; "officer", in relation to any organisation, means any person working for the organisation; "organisation" means any association of persons, incorporated or unincorporated (and whether or not it has been established or registered in accordance with any written law) having, in the opinion of the

President, objects of a political nature and declared by the President to be an organisation for the purposes of this Act; "Registrar" means the Registrar of Societies. (2) Where the President declares an organisation to be an organisation for the purposes of this Act, such declaration shall not operate so as to include any branch of the organisation so declared unless such branch is mentioned in the said declaration. (3) Any reference in this Act to the "Registrar" shall, except in section six and subject to the provisions of subsection (2) of section three, be deemed to include a reference to a person authorised in pursuance of the provisions of section three, and accordingly, where any power is conferred or duty is imposed on the Registrar, such power or duty may be exercised or performed by a person authorised as aforesaid. 3. (1) The President may, by statutory instrument, authorise such number of public officers as he may deem necessary to assist the Registrar in the performance of his functions. Authorisation of public officers to assist Registrar

(2) The President may attach such conditions as he may deem appropriate to any authorisation given by him under subsection (1) to a public officer. 4. (1) No organisation shall, except with the prior approval of the Prohibition of President in writing, accept assistance from any foreign government or certain forms of from any agency or person acting on behalf of any foreign government. assistance (2) Acceptance by an office-bearer, or by an officer, of an organisation of assistance, without the prior approval of the President in writing shall, for all purposes, be treated as acceptance by the organisation concerned of such assistance. (3) The approval of the President under this section may be given generally or in respect of any particular transaction involving the giving of assistance.

5. Where an organisation accepts assistance contrary to the provisions Offence of section four, all the office-bearers of the organisation and any officer thereof who accepted assistance shall be guilty of an offence and liable on conviction to imprisonment for a period not exceeding two years: Provided that it shall be sufficient defence if an office-bearer proves to the satisfaction of the court that the assistance was received without his knowledge or consent and that the contravention of section four did not arise from want of due care or caution on his part. 6. (1) Where an organisation accepts assistance contrary to the Application to provisions of section four, the Attorney-General may make application High Court to to the High Court for the purpose of invoking the penalties referred to in invoke penalties subsection (2). (2) If on application made to it the High Court is satisfied that an organisation has accepted assistance contrary to the provisions of section four, it may by order direct(a) that the organisation be wound up; or

(b) that the organisation pay to the Registrar the amount of such assistance or such amount as it considers represents the value of such assistance: Provided that where application is made under this section in respect of an organisation and an order has been made under this section against the organisation on a previous occasion, the High Court shall, if satisfied as aforesaid, make an order under paragraph (a). (3) The Chief Justice may, by statutory instrument, make rules prescribing the procedure to be followed in any application made under this section. 7. (1) An order under paragraph (a) of subsection (2) of section six shall Effect of order operate so as to vest the property, real and personal, of the organisation under section 6 concerned in the Registrar and he shall proceed to wind up the affairs of such organisation, and if, after satisfying and providing for all the debts and liabilities of the organisation and the cost of winding up, there are

any surplus assets, the Registrar shall prepare and submit to the Minister responsible for finance a scheme for the application of such surplus assets. (2) Where it is necessary that any entry be made in or on any book, register, title deed or other document in order to effect the vesting of any property in the Registrar in pursuance of an order made under the provisions of paragraph (a) of subsection (2) of section six, such entry shall, on the production of such order, be made, by the person whose duty it is to make such entry, without the payment of any fee or duty in respect thereof. (3) A scheme submitted to the Minister responsible for finance under subsection (1) may be varied or amended by him in such manner as he may think proper in the circumstances of the case, and the approval of the Minister to such scheme shall be denoted by the endorsement thereon of such approval signed by the Permanent Secretary, Ministry of Finance, and thereupon the surplus assets, the subject of the scheme, shall be held by the Registrar upon the terms and for the purposes thereby prescribed. (4) For the purposes of winding up the affairs of an organisation under the provisions of this section, the Registrar shall have all the powers vested in the Official Receiver for the purpose of discovering the property of a debtor and the realisation thereof. 8. Any amount ordered to be paid under the provisions of paragraph (b) of subsection (2) of section six shall be recoverable in every respect as if it were compensation ordered to be paid under section one hundred and seventy-five of the Criminal Procedure Code. Recovery of amount ordered to be paid Cap. 88

9. (1) The President may give to any person directions requiring him, Evidence and within such time and in such manner as may be specified in the information directions, to furnish to the President or to any person designated in the directions, any information in his possession or control which in the opinion of the President is required for the purpose of securing compliance with, or detecting evasion of, this Act. (2) A person required by any such directions as aforesaid to furnish information shall also produce such books, accounts or other documents

in his possession or control as may be required for the said purpose by the President or by the person designated by the President. (3) Nothing in this section shall be taken to require any person who has acted as counsel or solicitor for any person to disclose any privileged communication made to him in that capacity. 10. (1) Any person who(a) fails to give information or produce books, accounts or other documents when required to do so under the provisions of section nine; (b) with intent to evade the provisions of this Act, destroys, mutilates, defaces, secretes or removes any books, accounts or other documents; (c) obstructs any person lawfully performing any functions under this Act; shall be guilty of an offence and liable on conviction to a fine not exceeding fifteen thousand penalty units or to imprisonment for a period not exceeding two years, or to both. (2) On the conviction of a person for failing to give information or produce books, accounts or other documents when required so to do under the provisions of section nine, the court may direct such person within such period as may be specified in the direction to comply with the requirement to give the information or produce the books, accounts or other documents. (As amended by Act No. 13 of 1994) 11. Any document purporting to be a direction given under section Legal nine, or to be a copy thereof, shall be receivable in evidence to prove the proceedings matter stated therein.
SUBSIDIARY LEGISLATION

Offences

ORGANISATIONS (CONTROL OF ASSISTANCE)

CAP. 116

SECTION 6 (3)-THE ORGANISATIONS (CONTROL OF ASSISTANCE) (PENALTIES) RULES Rules by the Chief Justice 1. These Rules may be cited as the Organisations (Control of Assistance) (Penalties) Rules. 2. In these Rules, "application" means an application made under section six of the Act. 3. An application shall be made by notice in the form set out in the Schedule.

Statutory Instrument 206 of 1967

Title

Interpretation

Form of notice

4. A copy of the notice shall, not less than fourteen days before the date Service of set down for the hearing of the application, be served on the organisation notice against which an order is sought. Such service may be effected by leaving the notice at, or sending it by registered post to, the registered office of the organisation, or where there is no such registered office, a place where the organisation ordinarily carries out its functions. 5. The application may be supported by oral evidence, provided that, in Procedure its discretion, the High Court may allow evidence on affidavit.

SCHEDULE (Rule 3) NOTICE

Application Number ................................ IN THE HIGH COURT HOLDEN AT ........................................................................................................... BETWEEN: THE ATTORNEY-GENERAL, and Respondent An application for the purpose of invoking the penalties referred to in subsection (2) of section 6 of the Organisations (Control of Assistance) Act. TAKE NOTICE that the High Court will be moved on the ......... day of ....................................... ............, 19....... at the hour of ................................... o'clock in the ................................ ...... noon or as soon thereafter as Counsel can be heard for an order that the .............................. ............................................................... (name of organisation) be wound up or be subject to the penalty set out in paragraph (b) of subsection (2) of section 6 of the Organisations (Control of Assistance) Act on the ground that the said.................................. ........... (name of organisation) has on or between ..................... .......... (here set out date or dates) ............................................................... ...... accepted assistance from a foreign government, namely, ...................................... ........... (name of government) as follows: ................................................................... ................................................................... ...................................................................
Signed ................................................................................... Attorney-General or Counsel Dated at .................. ................ this .......................... day of ..............................., 19....... ...................................................................................

......................

Applicant

(here set out particulars of the assistance alleged to have

been accepted)

Registrar of the High Court

CHAPTER 117 THE ZAMBIA POLICE RESERVE ACT

ARRANGEMENT OF SECTIONS

PART I PRELIMINARY Section 1. 2. 3. Short title Interpretation Establishment of Zambia Police Reserve

PART II ZAMBIA POLICE RESERVE 4. 5. 6. 7. 8. 9. 0. 11. 12. 13. 14. Who may be Reserve police officers Employment of Reserve Classification of Reserve officers Oath of allegiance Period of engagement Calling out in emergency Reserve to be issued with arms, etc. Provisions of Zambia Police Act may be applied to Reserve Compensation on death or injury on duty Restriction on action of employers Regulations

CHAPTER 117

ZAMBIA POLICE RESERVE

45 of 1950

An Act to provide for the establishment of a Zambia Police Reserve. [22nd December, 1950]

57 of 1964 Government Notices 343 of 1964 497 of 1964 Statutory Instrument 71 of 1964 Act No. 26 of 1985 13 of 1994

PART I PRELIMINARY 1. This Act may be cited as the Zambia Police Reserve Act.

Act No. 28 of 1985 13 of 1990

Short title

2. In this Act, unless the context otherwise requires"arms" includes firearms; "emergency" means any state of affairs which, in the opinion of the Inspector-General, constitutes a danger to peace and good order; "Inspector-General" means the Inspector-General of Police; "Reserve police officer" means a member of the Zambia Police Reserve; "Reserve" means the Zambia Police Reserve established under the provisions of section three, and includes any part of such Reserve. (As amended by G.N. No. 343 of 1964 and Act No. 26 of 1985) 3. The is hereby established a police force reserve, which shall be known as the Zambia Police Reserve.

Interpretation

Establishment of Zambia Police Reserve

PART II ZAMBIA POLICE RESERVE

4. The Reserve shall consist of such persons, resident in Zambia who, Who may be Reserve police having attained the age of eighteen years, volunteer for service in the Reserve and are considered by the Inspector-General to be suitable for officers enrolment as Reserve police officers. (As amended by Act No. 26 of 1985) 5. The Reserve may be employed in Zambia for assisting the Zambia Employment of Police Force in the maintenance of law and order, and the apprehension Reserve of offenders and, in the performance of such duties, Reserve police officers may carry such arms as may be approved by the Minister. (As amended by G.N. No. 343 of 1964) 6. The Reserve shall be divided into two classes as follows:
Classification of Reserve officers

"Class A" shall consist of Reserve police officers who upon enrolment undertake, in writing, to carry out(a) such police duties as they may be required to do by the Inspector-General; and (b) such training as may be required by the Inspector-General;

"Class B" shall consist of Reserve police officers who upon enrolment undertake, in writing, to carry out(a) when called upon so to do, during an emergency, such police duties as the Inspector-General, or any police officer authorised in writing in that behalf by the Inspector General, may determine; and (b) such training as may be required by the (As amended by Act No. 26 of 1985) 7. (1) Subject to the provisions of subsection (2), every person Oath of allegiance volunteering for service in the Reserve shall, on enrolment, make the following declaration of allegiance in such manner as he may declare to be most binding on his conscience: I, A.B., do *swear/solemnly and sincerely declare and affirm that I will be faithful and bear true allegiance to the President of the Republic of Zambia, that during my service with the Zambia Police Reserve I will preserve, protect and defend the Constitution of Zambia, as by law established, and will obey all lawful orders of the President and of all

officers placed over me and will subject myself to all Acts, Orders or Regulations relating to the Reserve. Signature or thumbprint of Reserve Police Officer: ................................................................................................................ ............................................................

*Sworn Declared Affirmed

at ..................................... this .................................................. day of ................................................... 19......

..................................................

Before me.............................................................. ............................................................. (Signature of Magistrate or appropriate Police Officer) *Delete whichever is inapplicable. (2) Where any person volunteering for service in the Reserve is not a citizen of Zambia, he may, on enrolment, in the discretion of the Inspector-General, in lieu of making the declaration of allegiance required by subsection (1), make the following declaration of obedience in such manner as he may declare to be most binding on his conscience. I, A.B., do solemnly and sincerely declare that I will give faithful service while I remain a member of the Zambia Police Reserve, and that I will obey all lawful orders of the President and of all officers placed over me, and will subject myself to all Acts, Orders or Regulations relating to the Reserve. Signature or thumbprint of Reserve Police Officer: ....................................................... ...............................................

Declared Affirmed

at ....................................... this ..............

of

.................................... day

..................................................

................................................... 19......

Before me.............................................................. .............................................................

(Signature of Magistrate or appropriate Police Officer)

(3) Every declaration under subsection (1) or (2) shall be made before a magistrate, officer of the Zambia Police Force of or above the rank of Sub-Inspector or any Reserve police officer of or above such rank as may be prescribed, and shall be signed by the person making the declaration or, if he is illiterate, such person shall affix his thumbprint thereto. (As amended by S.I. No. 71 of 1964 and Act No. 26 of 1985) 8. Every Reserve police officer enrolled under the provisions of this Act shall serve in the Reserve for a period of two years and thereafter may re-engage, for further service, for periods of two years. 9. (1) The Inspector-General may, in such manner as he may determine, call out all or any Reserve police officers during an emergency, and when so called out they shall remain on duty until released from duty by the Inspector-General. (2) Where any police officer for the time being in charge of the Zambia Police Force in any Police Division, or any police officer of or above the rank of Superintendent, considers that any imminent danger has arisen or is likely to arise with which he cannot efficiently deal by use of the police officers under his control, he may call out all or any of the Reserve police officers resident in the area under his jurisdiction, and in such case he shall, as soon as practicable, report to the Inspector-General the action he has taken and his reasons for such action. (As amended by No. 26 of 1985) 10. The Reserve shall be issued with such uniform, arms, ammunition Reserve to be and equipment as may be approved by the Minister. issued with arms, etc. (As amended by G.N. No. 343 of 1964) 11. The Minister may, by statutory order, apply any of the provisions Provisions of of the Zambia Police Act to such class of Reserve police officers and Zambia Police during such time as he shall in such order specify, and such officers shall Act may be Period of engagement

Calling out in emergency

thereupon be subject to such provisions, and have all the powers, privileges and immunities conferred thereby. (As amended by G.N. No. 343 of 1964) 12. (1) If any Reserve police officer receives any permanent or temporary disablement, attributable to any wound or injury received or sickness contracted by him in the performance of any duty carried out under the provisions of this Act, or during the carrying out of any training which he has been required to undertake, the Minister may award such Reserve police officer such compensation, gratuity or pension as may be prescribed by regulations made under this Act or, in the absence of such regulations, as to him may seem just. (2) If any Reserve police officer is killed in the performance by him of Reserve Police duty or during the carrying out by him of any training which he has been required by the Inspector-General to undertake, the Minister may grant to the dependants of such Reserve police officer such pension or allowance as may be prescribed by regulations made under this Act or, in the absence of regulations, as to him may seem just. (3) No pension, compensation, allowance or gratuity paid under the provisions of this section shall be assigned, transferred or be liable to be attached or levied upon by any process of law. (As amended by G.N. No. 343 of 1964 and Act No. 26 of 1985)

applied to Reserve. Cap. 107

Compensation on death or injury on duty

13. Any employer who by dismissing an employee, or by reducing his Restriction on wages or salary, or in any other manner whatever penalises him for action of being a Reserve police officer, or carrying out his duties as such, shall be employers guilty of an offence and shall be liable, on conviction before a magistrate of the first or second class, to a fine not exceeding one thousand five hundred penalty units. (As amended by Act No. 13 of 1994) 14. The Minister may, by statutory instrument, make regulations prescribing all or any of the following: (a) the numerical establishment of the Reserve, the conditions of service, the grades, ranks, appointments and for determining the seniority of the officers of such Reserve; (b) the promotion, leave, resignation, release and dismissal from the Regulations

Reserve, of Reserve police officers; (c) (d) the disbandment of any part of the Reserve; the pay and allowances of Reserve police officers;

(e) the compensation, gratuities, pensions or other allowances payable to Reserve police officers and their dependants under section twelve; (f) the discipline of the Reserve; (g) the conveyance of Reserve police officers and their equipment to any place of duty; (h) (i) (j) the general control and management of the Reserve; the transfer of Reserve police officers from one class to another; the provisioning and equipping of Reserve police officers; and

(k) any other matter required to be prescribed under the provisions of this Act. (As amended by G.N. No. 343 of 1964)
SUBSIDIARY LEGISLATION

ZAMBIA POLICE RESERVE

CAP 117

SECTION 11-APPLICATION OF THE ZAMBIA POLICE Statutory Instrument ACT TO 211of 1966 THE RESERVE Order by the Minister The following sections of the Zambia Police Act shall apply to all Reserve police officers when undergoing training or when called upon to perform duties or when called out for service: Sections 3, 12, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 30 (1) (except paragraphs (d) (v) and (n)), 36, 39, 46, 58, 59, 60 and 61.
Cap. 107

THE ZAMBIA POLICE RESERVE REGULATIONS [ARRANGEMENT OF REGULATIONS]

PART I PRELIMINARY
Regulation 1. 2. Title Interpretation

PART II ORGANISATION
3. 4. Organisation Ranks and establishment

PART III ENROLMENT, RELEASE AND RE-ENGAGEMENT

5. 6. 7. 8. 9. 10. 11. 12. Application for enrolment Enrolment Promotion and reduction in rank Change of residence Resignation Re-engagement Retention of services Delivery up of arms, etc.

PART IV DISCIPLINE
13. Offences

PART V TRAINING
14. 15. Inspector-General to control training Exemption from annual training

PART VI PAY AND ALLOWANCES

Regulation 16. Rate of pay and allowances

PART VII GENERAL MANAGEMENT OF RESERVE

17. 18. 19. 20. 21. 22. Care of arms, etc. Control of expenditure Loss of documents Report of injury or death Compensation for injury or death Revocation and savings

FIRST SCHEDULE-Prescribed forms SECOND SCHEDULE-Pay and allowances SECTION 14-THE ZAMBIA POLICE RESERVE REGULATIONS Regulations by the Minister
Statutory Instruments 198 of 1966 331 of 1968 Act No. 26 of 1985 13 of 1994

PART I PRELIMINARY
1. These Regulations may be cited as the Zambia Police Reserve Regulations. 2. In these Regulations, unless the context otherwise requires"application form" means Form 1 set out in the First Schedule; "District Commandant" means a Reserve police officer appointed by the Inspector-General to be in charge of the Reserve police officers in any District; "Divisional Commandant" means a superior officer appointed by the Inspector-General to be in charge of the Reserve police officers in any police division; "divisional commander of police" means a superior police officer appointed by the Inspector-General to be in charge of a police division, or, if no such officer has been appointed in relation to any such division, the Inspector-General "the Force" means the Zambia Police Force as constituted under the provisions of the Zambia Police Act; Cap. 107 Title

Interpretation

"superior officer" means a Reserve police officer of or above the rank of Reserve Assistant Superintendent. (As amended by Act No. 26 of 1985)

PART II ORGANISATION
3. (1) Subject to the provisions of these Regulations, the organisation of Organisation the Reserve shall correspond to the organisation of the Force throughout Zambia. (2) The Inspector-General may(a) appoint on secondment such police officer to the Reserve as he may consider necessary for the proper administration and control of the Reserve; (b) appoint Reserve police officers to the ranks set forth in regulation 4 to such numbers as may from time to time be approved in accordance with the provisions of the said regulation; (c) (d) appoint a superior officer to be a Divisional Commandant; appoint a Reserve police officer to be a District Commandant.

(3) A Divisional Commandant shall be responsible to the Inspector-General, and a District Commandant shall be responsible to the Divisional Commandant of the police division in which his District is situated: Provided that when the Reserve is called out in accordance with the provisions of section nine of the Act, the Reserve in each police division shall come under the command of the local divisional commander of police who may authorise officers commanding police districts or officers in charge of police stations situated within his divisional area to take command of those Reserve police officers called out for duty at police formations under their immediate command.

(4) The Inspector-General may confer upon a District Commandant, being a superior officer, for such limited periods as may be deemed necessary all or any of the powers of a Divisional Commandant. (As amended by Act No. 26 of 1985)

Ranks and establishment

4. (1) The Reserve shall consist of such numbers as may from time to time be approved by the Minister of the following ranks:
Equivalent rank Reserve in the Force (a) Superior officers: Reserve Senior Superintendent . . Senior Superintendent Reserve Superintendent . . Superintendent Reserve Assistant Superintendent . . Assistant Superintendent (b) Reserve police officers other than superior officers: Reserve Chief Inspector . . Reserve Inspector . . .. Reserve Sub-Inspector . . Reserve Sergeant . .. Reserve Constable . . .. Chief Inspector . . Inspector Sub-Inspector . . Sergeant Constable

(2) Subject to any special directions of the Inspector-General Reserve police officers shall, when serving with the Force, rank as the junior of police officers of the equivalent rank in the Force. (3) The precedence of superior officers of the same rank in the Reserve shall be determined among themselves by the order in which their names appear in the Reserve Orders of the Force periodically published by the Inspector-General. (As amended by Act No. 26 of 1985)

PART III ENROLMENT, RELEASE AND RE-ENGAGEMENT

Application for 5. (1) Every applicant for enrolment as a Reserve police officer shall complete, in duplicate, Part I of an application form which shall be in the enrolment

Form 1 set out in the First Schedule. (2) Every applicant referred to in sub-regulation (1) shall then be examined by a medical practitioner nominated by the Inspector-General or by a medical practitioner of his choice who shall enter the result of such examination in Part II of the application form. (3) Where the applicant aforesaid is examined by a medical practitioner nominated by the Inspector-General no charge shall be borne by the applicant for such examination but where such applicant is examined by a medical practitioner of his own choice the applicant shall bear the cost of such examination. (As amended by Act No. 26 of 1985) 6. (1) The Inspector-General may, in his absolute discretion, refuse to permit an applicant to enrol without assigning any reason therefor. (2) On enrolment every applicant shall complete Part III of the application form. (3) Any declaration under section seven of the Act may be made before a superior officer. (As amended by Act No. 26 of 1985) 7. (1) A Divisional Commandant may, on the recommendation of a District Commandant, promote any Reserve police officer to a rank other than the rank of a superior officer. (2) The Inspector-General may, on the written recommendation of a divisional commander of police or a Divisional Commandant, reduce in rank any Reserve police officer. (As amended by Act No. 26 of 1985) 8. A reserve police officer who changes his place of residence or who Change of leaves his place of residence for a period of longer than one week shall residence forthwith report in writing to his District Commandant stating the address of his new place of residence or, as the case may be, his address Promotion and reduction in rank Enrolment

during his absence and the dates between which he proposes to be absent. 9. (1) A Reserve police officer may be released or discharged for any of the following Resignation causes, and by the officer shown in the second column hereto:
Cause of release or discharge 1. Termination of engagement 2. Conduct unsatisfactory . . 3. Not likely to become an efficient Reserve police officer .. 4. Disobedience to orders . . 5. His services being no longer required .. 6. Having made a false answer on enrolment .. 7. Having been irregularly enrolled 8. Medically unfit .. 9. Having been convicted by a court of an offence involving moral turpitude .. 10. Recommendation in that behalf by a divisional commander of police .. .. .. .. .. .. .. .. .. .. .. .. Competent officer to release or discharge . . Divisional Commandant Inspector-General

. . Inspector-General Inspector-General . . Inspector-General . . Divisional Commandant Divisional Commandant . . Divisional Commandant

. . Inspector-General

..

. . Inspector-General

Provided that a Divisional Commandant may be released or discharged only by the Inspector-General. (2) In cases other than those specified in this regulation, the Commissioner may order discharge from the Reserve. (As amended by Act No. 26 of 1985) Re-engagement 10. A Reserve police officer who desires to re-engage shall apply during the three months prior to the expiration of his current term of service or within such time as the District Commandant may, in any particular case, allow and at the time of making such application shall make a declaration on Form 2 set out in the First Schedule. Such officer may, if the person authorised to re-engage him thinks fit, be required to be re-examined by a medical practitioner nominated by the Commissioner or, at the request of the officer, by a private medical practitioner, in which case the cost of the examination shall be borne by the officer; and, in the case of any officer so re-examined, if the medical practitioner certifies that such officer is fit for service, he may be

re-engaged: Provided that every Reserve police officer shall be medically re-examined upon the expiry of each period of four years' service in the Reserve. 11. A Reserve police officer whose period of service expires during a Retention of state of war or emergency may be retained and his service prolonged for services such further period as the Minister may direct. Delivery up of 12. On being discharged or released a Reserve police officer shall arms, etc. deliver up in good order, fair wear and tear excepted, all arms, ammunition, clothing and equipment issued to him. A Reserve police officer who, without good and sufficient reason, fails to comply with this regulation shall, in addition to any other penalty, be liable to pay for the property he has failed to deliver up.

PART IV DISCIPLINE
13. (1) Subsection (1) of section thirty, other than subparagraph (v) of paragraph (d) and paragraph (n), of the Zambia Police Act (which specifies offences against discipline) shall apply to Reserve police officers of all ranks as it applies to a police officer below the rank of Assistant Superintendent and, for this purpose, references to a police officer shall be construed as references to a member of the Zambia Police Reserve and references to the Force shall be construed as references to the Zambia Police Reserve.
Offences. Cap. 107

(2) The Inspector-General, a divisional commander of police, a Cap. 107 Divisional Commandant or a District Commandant, being a superior officer, may inquire into the truth of any charge against a Reserve police officer under subsection (1) of section thirty of the Zambia Police Act and may award the following punishments: (a) (b) reprimand; or reduction in rank:

Provided that a District Commandant, being a superior officer, shall have the power to award a reprimand only. (3) Every punishment of reduction in rank awarded by a divisional commander of police or a Divisional Commandant under the provisions of this regulation shall, before it is carried into execution, be reported to the Inspector-General, who may confirm, vary or quash the award: Provided that the Inspector-General shall not confirm, vary or quash the award until a period of fourteen days has elapsed subsequent to the award, during which time the Reserve police officer so punished may make such representations to the Inspector-General through the Divisional Commandant, that he may wish. (4) In every case where it shall appear to a divisional commander, Divisional Commandant or District Commandant investigating any charge that neither of the punishments specified in sub-regulation (2), by reason of the gravity of the charge or for any other reason, constitutes an adequate punishment, such divisional commander, Divisional Commandant or District Commandant shall defer passing sentence and shall report the proceedings to the Inspector-General. The Inspector-General may return the report for further inquiry, or he may re-hear the case or order the case to be taken before a magistrate. (5) Where a Reserve police officer is taken before a magistrate under the provisions of sub-regulation (4), he shall be liable on conviction to a fine not exceeding six hundred penalty units, or to imprisonment for a period not exceeding one month, or to both: Provided that no proceedings shall be taken against any Reserve police officer under the provisions of this regulation in respect of any offence for which he has already been punished. (As amended by Act No. 26 of 1985 and No. 13 of 1994)

PART V TRAINING

14. The training of the Reserve shall be carried out in accordance with Inspector-General to control training orders made by the Inspector-General. 15. Every District Commandant may, in his discretion, exempt any Reserve police officer in his District from carrying out the whole or any portion of annual training but every such exemption shall be reported to the Divisional Commandant. (As amended by Act No. 26 of 1985)
Exemption from annual training

PART VI PAY AND ALLOWANCES

Rate of pay and 16. (1) Reserve police officers, when undergoing training, or when called upon or called out shall be entitled to pay at the rate set out in the allowances Second Schedule.

(2) There shall be paid to Reserve police officers such allowances, in respect of travelling or other expenses necessarily incurred in the performance of their duties, as the Inspector-General may, with the approval of the Minister, prescribe. (3) Reserve police officers shall be entitled to free medical attention from Government medical officers in respect of injuries sustained or illness contracted on duty. If any question arises as to whether an injury or illness was so sustained or contracted, the decision of the Inspector-General thereon shall be final. (As amended by Act No. 26 of 1985)

PART VII GENERAL MANAGEMENT OF

RESERVE
17. Arms, ammunition, equipment, clothing and other stores issued to Care of arms, any Reserve police officer shall be used for police purposes only and etc. every Reserve police officer to whom they are issued shall produce them in good condition, fair wear and tear excepted, whenever called upon to do so by an officer authorised so to do by the Inspector-General. (As amended by Act No. 26 of 1985) 18. (1) The Commissioner shall be responsible for all moneys allotted for the establishment, upkeep and training of the Reserve and such moneys shall be administered by the Inspector-General. (2) Any grant of money by the Inspector-General shall be expended on the particular service for which it is granted, and proper books of account and vouchers dealing with the expenditure thereof shall be kept and shall be available at all times for inspection by the Inspector-General or by the Auditor-General or his duly authorised representative. (3) Reserve police officers shall submit to the Inspector-General such accounts and returns connected with the administration and training of the Reserve as the Commissioner may require. (As amended by Act No. 26 of 1985) 19. Any loss or deficiency in secret or confidential documents shall be Loss of reported to the Inspector-General as soon as the loss or deficiency is documents observed. (As amended by Act No. 26 of 1985) 20. Whenever injury to or the death of a Reserve police officer occurs Report of injury on or arising out of his duty, his Divisional Commandant shall report or death such fact to the Inspector-General, and give a written report to the Inspector-General of the circumstances under which such injury or death was caused. A medical certificate shall, whenever possible, accompany such report. (As amended by Act No. 26 of 1985) Control of expenditure

21. (1) The compensation, gratuity or pension payable to a Reserve police officer under subsection (1), and the pension or allowances payable to the dependants of such officer under sub-section (2) of section twelve of the Act shall be equal to the compensation which would be payable in the circumstances set out in that section under the Workers' Compensation Act if such officer were a worker within the meaning of such latter Act. (2) For the purpose of determining the amount of any compensation, gratuity, pension or allowance payable under this regulation(a) the monthly earnings of a Reserve police officer shall be deemed to be either his monthly rate of pay as a Reserve police officer at the time of disablement or death or his average monthly earnings during the preceding twelve months in any employment other than as a Reserve police officer, whichever is the greater; and (b) any earnings in excess of two thousand four hundred kwacha a year shall be disregarded. 22. (1) The Zambia Police Reserve Regulations, under Chapter 39 of the 1964 Edition of the Laws, are hereby revoked. (2) Notwithstanding the revocation of the said Zambia Police Reserve Regulations(a) all persons who were immediately before the commencement of these Regulations enrolled as Reserve police officers of the Zambia Police Reserve shall continue to be Reserve police officers and to hold the same rank and precedence under these Regulations as they held under the Regulations hereby revoked, and all such persons shall be subject to the provisions of these Regulations in so far as those provisions apply to them, and service under the Regulations hereby revoked shall for all purposes be deemed to be service under these Regulations; (b) all appointments, conferments of powers, directions, orders and exemptions made under the Regulations hereby revoked shall continue in force until revoked or replaced under these Regulations and shall be deemed to have been made under these Regulations.

Compensation for injury or death Cap. 271

Revocation and savings

FIRST SCHEDULE PRESCRIBED FORMS FORM 1 (Regulations 5 and 6)

REPUBLIC OF ZAMBIA ZAMBIA POLICE RESERVE APPLICATION FORM (To be completed in duplicate: Original to the Inspector-General; Duplicate to be retained by District Commandant) P.R. No. .................................................... Name ................................... ........................................... District .................................................. ................ Class ........................................................................ PART I (To be completed by applicant) 1. What is yourFirst name(s) Surname................................................. .............................................
Tribe ............................................ ........... Village .................................................... Chief.................................... ....... District .................................................................. Postal address............................ .................................................................................... Residential address ............... .................................................................................. Name and address of employer ................. ............................................................. Telephone number: Residential ................. .............. Business .................................... 2. Where were you born? Country ................................................................. Town or district ................................................... 3. What is your(a) Present nationality .......................................... (b) Nationality at birth....................................... .................................................. .............. Father ................................ Mother ............................... 4. What is the date of your birth?........................ ............................ Age..................................... ....... ........... .......... .................................................. ...................................................

IN BLOCK
CAPITALS

5. What is your profession, trade or calling? ................................................................ 6. Are you married, widower or single?.................................................................... 7. Name and address of next of kin.............................................................................

8. Are you willing to be enrolled for service in the Zambia Police Reserve for the term of two years (provided the Minister should so long require your services)? ....................................................................................... 9. What is your religious denomination? ........................................................................... .. 10. Do you belong to any of the Defence Forces of the Republic? ................................ If so, state which unit; and if discharged, cause of discharge .................. .............. ........

11. Are you on the Reserve of any of the Defence Forces of the Republic? ...... ................. If so, give full particulars.................................................................. .......................

NOTICE The general conditions of enrolment in the Zambia Police Reserve are as follows: 1. Reserve police officers are required to serve for two years, provided the Minister so long requires their services. At the end of the two years Reserve police officers may re-engage for further service with the Reserve. 2. During their service Reserve police officers will be required to attend such training as the Inspector General of Police may order. 3. Failure to attend, without leave or without reasonable cause or excuse, the full course of training laid down may render a Reserve police officer liable to penalties. 4. The Reserve is divided into two classes, namely Class "A" and Class "B". On enrolment a Reserve police officer may elect to serve in either Class "A" or Class "B". During service transfers from one class to the other may be permitted on showing good cause to the satisfaction of the Inspector-General. Service in Class "A" means that an officer is available to be called on to do police duty, at any time, in his District as well as doing training and being called out for emergency services. Service in Class "B" means that an officer may be called out for duty in an emergency as well as doing training. 5. The police officer in charge of a Division may call out the whole of the Reserve, or any part of the Reserve, in the Division, for emergency service. 6. If a Reserve police officer's term of service expires when on emergency service he may be required by the Minister to continue to serve. 7. Reserve police officers are responsible for the delivery up in good condition, when called upon to do so, of all arms, equipment and uniform that have been issued. 8. Further information can be found in the Zambia Police Reserve Act and Regulations. I, ................................................................................................ do solemnly declare that the above answers made by me to the above questions are true, that I am willing to fulfil the engagement made, and that I have read through and understand the conditions of enrolment set out above. Signature of Recruit ..................................................

Signature of Witness ................................................. (As amended by Act No. 26 of 1985)

PART II (To be filled in by the Medical Practitioner) Apparent age ............... ............................... years ..................................................... months Height............................ ................metres ...........................................................centimetres Weight..............................................................kg. Chest measurement: Girth when fully expanded .............................. ................................ centimetres Range of expansion ........................................ ................................. centimetres Eyesight.............................................................................. .................... I have examined the above-named Recruit and find that he is ......... ................................. ....................................................................................................................................... ......... Medical Practitioner Date.................................... NOTE.-Further remarks (if any) by the Medical Practitioner should be added below. Distinctive marks and marks indicating congenital peculiarities or previous disease:

PART III Every Reserve police officer shall on enrolment complete one of the following undertakings: CLASS A I, ............................ ................................ do solemnly declare that I will serve in Class "A" of the Zambia Police Reserve, that I will carry out such police duties as I may be required to do by the Inspector-General and such training as may be ordered by the Inspector-General. CLASS B I, ........................ ..................................... do solemnly declare that I will serve in in Class "B" of the Zambia Police Reserve, that I will carry out when called upon so to do, during an emergency, such police duties as the Inspector-General or any officer authorised in writing in that behalf by the Inspector-General, may determine; and such training as required by the Inspector-General.

......................................................... ......... (Signature of Reserve Police Officer) Declared before me at ........... ...................

Date ..................... ....................................................... ........... (Signature of person authorised to enrol Reserve Police Officers

.............................. ................................... (Signature of Reserve Police Officer)

Declared before me at............... ................

Date........................... ............................... ................................................ .................. Signature of person authorised to enrol Reserve Police Officers

PART IV OATH OF ALLEGIANCE THE ZAMBIA POLICE RESERVE ACT (Section 7) (a) I, .................................................................................................................................. do *swear/solemnly and sincerely declare and affirm that I will be faithful and bear true allegiance to the President of the Republic of Zambia, that during my service with the Zambia Police Reserve I will preserve, protect and defend the Constitution of Zambia, as by law established, and will obey all lawful orders of the President and of all officers placed over me and will subject myself to all Acts, Orders or Regulations relating to the Reserve. Signature or thumprint of Reserve Police Officer................ *Sworn at ............................. ......................this ................................................ day of Declare
Affirmed ............................................., 19................. Before me................. .............................................................................................................. (Signature of Magistrate or appropriate Police Officer) ............................................................... do solemnly and sincerely declare that I will give faithful service while I remain a member of the Zambia Police Reserve, and that I will obey all lawful orders of the President and of all officers placed over me, and will subject myself to all Acts, Orders or Regulations relating to the Reserve.

(b) I, ...............................................................

.................................................................................... (Signature or thumbprint of Reserve Police Officer) *Declared Affirmed

at ............................................

...... this ........................................................ day of

............................................................., 19.......... Before me............................................ ...................................................................................

(Signature of Magistrate or appropriate Police Officer) *Delete whichever is inapplicable. (As amended by Act No. 13 of 1994)

FORM 2 (Regulation 10)

REPUBLIC OF ZAMBIA ZAMBIA POLICE RESERVE DECLARATION TO BE MADE BY A RESERVE POLICE OFFICER ON RE-ENGAGEMENT FOR THE RESERVE THE ZAMBIA POLICE RESERVE ACT (Section 8) I, (No.).................................Rank.............................Name................................................ ....... at present serving in the................................. .......District of Zambia Police Reserve, enrolled on the........................................................................... ... hereby agree to re-engage for a period of two years, and do declare that I will continue faithfully to serve the President for such further period in the Zambia Police Reserve, provided the Minister should so long require my services. .............................................................................. Signature of Reserve Police Officer Declared before me at................................... ....... Date ............................................. 19........ .............................................................................. Signature of person authorised to enrol Reserve Police Officer

I certify that I have examined this person and in my opinion he does not suffer from any disability or ailment likely to interfere with the efficient performance of his duties, and he is fit for general police service. .............................................................................. Signature of Medical Officer Place ............... 19....... ............................................... Date ..........................

SECOND SCHEDULE
(Regulation 16) PAY AND ALLOWANCES Remuneration for Reserve police officers shall be at the rates and subject to the conditions set out below: PART I TRAINING ALLOWANCES Rank Period K Reserve Senior Superintendent .. .. .. .. per annum Reserve Superintendent .. .. .. .. .. per annum Reserve Assistant Superintendent (if appointed District Commandant).. .. .. .. .. .. per annum Reserve Assistant Superintendent (other) .. .. per annum Reserve Chief Inspector .. .. .. .. .. per hour Reserve Inspector .. .. .. .. .. per hour 1.00 Reserve Sub-Inspector .. .. .. .. .. per hour Reserve Sergeant .. .. .. .. .. per hour 0.35 Reserve Constable .. .. .. .. .. per hour 0.20

360.00 300.00 240.00 120.00 1.10 0.50

Provided that when a Reserve police officer below the rank of Reserve Assistant Superintendent is appointed a District Commandant, he shall receive an allowance of K120 per annum. (No. 331 of 1968) PART II WHEN CALLED OUT ON DUTY OTHER THAN TRAINING 1. (1) Subject to the provisions of sub-paragraph (2), when a Reserve police officer who is employed by another person is called out on duty in such a manner and on such a day that he is unable to perform for his employer the duties which he would normally be liable to perform, there shall be refunded to his employer from the general revenues of the Republic any sum paid to such officer in respect of any day on which he would normally have worked for his employer but on which he was unable so to work by reason of his duties as a Reserve police officer. (2) A refund payable to an employer under sub-paragraph (1) shall be paid at the rate of either the sum equal to the normal wages or salary of the Reserve police officer or the sum of K16 for each day, whichever shall be the smaller sum.

(3) If an employer fails to pay a Reserve police officer who is called out on duty the normal wages or salary of such officer, then the Government may pay directly to such officer in respect of his services any sum which may be assessed under sub-paragraph (2). (4) For the purpose of assessing the normal wages or salary of a Reserve police officer under this paragraph, such wages or salary shall be taken to equal the average of the total emoluments received by such office either during the thirty days preceding his being called out on duty or during the period for which such officer has been employed, whichever shall be the shorter period. 2. A Reserve police officer who is unemployed at the time of his being called out on duty or who does duties in the Reserve in addition to the duties of his normal employment shall be paid in accordance with the rates set out in paragraph 4. 3. A Reserve police officer who is his own employer shall be paid in accordance with the rates set out in paragraph 4 and, in addition to such payment, he shall be entitled to be reimbursed for losses in connection with his business which were incurred as a direct result of his being on duty, provided that the total of such payment and reimbursement shall not exceed K16 for each day. 4. (1) A Reserve police officer mentioned in paragraph 2 or 3 shall, in respect of each completed hour of duty performed, be paid such of the following amounts as is appropriate to his rank: Rank Reserve Senior Superintendent Reserve Superintendent . . Reserve Chief Inspector Reserve Inspector. . Reserve Sergeant . . Reserve Constable .. .. .. Reserve Sub-Inspector . . .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .00 .. 0.35 .. 0.20 0.50 K .. 1.40 1.30 .. 1.10 1.50

Reserve Assistant Superintendent . .

(2) A Reserve police officer, when piloting any aircraft on behalf of the Government, shall be paid a flying allowance of K1.50 per hour in addition to any other pay which he may receive under the provisions of this paragraph, and such allowance shall be paid to an officer irrespective of whether he is employed, unemployed or his own employer and the provisions of paragraph 3 shall not apply to such allowance. 5. When a Reserve police officer is required, by reason of his duties in the Reserve, to spend a night away from his normal place of residence, there shall be payable to him as an allowance such sum as would be payable in similar circumstances to a servant of the Government who is of status approximately equal to that of the rank of such officer. (As amended by No. 331 of 1968)

PART III WHEN ATTENDING COURSES OF INSTRUCTION When a Reserve police officer in his own time free from his normal employment voluntarily attends a full-time course of instruction lasting two days or more (exclusive of time spent in travelling to and from the place where the course is held) he shall be entitled to receive pay at the rates set out in paragraph 4 of Part II. PART IV GENERAL There shall be paid to all ranks of the Police Reserve below the rank of Reserve Sub-Inspector a retaining fee at the rate of one kwacha per month in respect of each completed month of service: Provided that such fee shall only be payable in respect of any month where the officer has, unless exempted therefrom, attended at all periods of training or duty required during that month.

CHAPTER 118 THE COMBINED CADET FORCE ACT

ARRANGEMENT OF SECTIONS

Section 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. Short title Interpretation Establishment of Force Force not part of Defence Force Composition of Force Eligibility to join Command Establishment of contingents Regulations Repeal Transitional

CHAPTER 118

COMBINED CADET FORCE

46 of 1964 Government Notice 497 of 1964

An Act to provide for the establishment and maintenance of a Combined Cadet Force in Zambia and to repeal the Rhodesia and Nyasaland Cadet Corps Act, 1955. [18th September, 1964] 1. This Act may be cited as the Combined Cadet Force Act.
Short title

2. In this Act, unless the context otherwise requires-

Interpretation

"Air Commander" means the person appointed under section one hundred and sixty-five of the Defence Act; "Army Commander" means the person appointed under section one hundred and sixty-five of the Defence Act; "cadet" means a member of the Cadet Force other than an officer commissioned in the Cadet Force; "Cadet Force" means the Zambia Combined Cadet Force established in terms of section three; "member" includes cadets and officers commissioned in the Cadet Force; "officer" means a person commissioned as such in the Cadet Force but shall not include a cadet officer. 3. (1) There is hereby established a Cadet Force which shall be styled the Zambia Combined Cadet Force. (2) The Cadet Force shall have as its object the provision of moral, mental and physical training of boys through the medium of military, sea and air instruction.

Cap. 106

Cap. 106

Establishment of Force

4. The Cadet Force shall not form part of the Defence Force of Zambia. Force not part of
Defence Force

5.

The Cadet Force shall comprise-

(a) those persons who, immediately prior to the commencement of this Act, were members of the Cadet Corps established under the Rhodesia and Nyasaland Cadet Corps Act, 1955; and (b) persons who become members of the Cadet Force after such commencement. 6. Subject to the provisions of this Act, all boys shall be eligible to serve in the Cadet Force who(a) are not under the prescribed age; and

Composition of Force

Eligibility to join

(b) are, in the opinion of the Army Commander or Air Commander, suitable for service in the Cadet Force. 7. The command, training and inspection of the Cadet Force shall be vested in the Army Commander. 8. (1) The President may establish a contingent of the Cadet Force in any school or in any area in Zambia. (2) Any contingent of a Cadet Corps which was established under the provisions of the Rhodesia and Nyasaland Cadet Corps Act, 1955, and which was in being immediately prior to the commencement of this Act shall be deemed to have been established in terms of this Act and to be part of the Cadet Force. (3) The President may at any time disband any contingent of the Cadet Force established or deemed to have been established under this Act.
Regulations 9. The President may, by statutory instrument, make regulations for the better carrying out of the provisions of this Act and generally for the good government and organisation of the Cadet Force and, without prejudice to the generality of the foregoing, such regulations may make provision with respect to all or any of the following matters, that is to say: (a) the formation, maintenance, control and administration of contingents of the Cadet Force; (b) the appointment of officers in the Cadet Force, the appointment of cadets as cadet officers, the resignation from and cancellation of such appointments, and for the designation and grading of ranks and appointments within the Cadet Force; (c) the granting of certificates or other awards to cadets who reach such standards of proficiency in cadet training as may be prescribed; (d) the grant of medals and decorations to members of the Cadet Force; (e) the creation of a Reserve of officers and the posting of officers to such Reserve; (f) the preservation of property of the Government issued to contingents or members, the determining of responsibility for loss or damage caused to such property and the recovery of compensation for Command

Establishment of contingents

such loss or damage; (g) the pay, allowances and other conditions of service of officers in the Cadet Force; and (h) all matters to be prescribed in terms of this Act. 10. The Rhodesia and Nyasaland Cadet Corps Act, 1955, is hereby repealed.
Repeal

11. (1) All arrangements with respect to the administration and control Transitional of any contingent established under the provisions of the Rhodesia and Nyasaland Cadet Corps Act, 1955, shall be deemed to have been made in terms of this Act and shall, until otherwise provided in terms of this Act, continue to be governed by the regulations which related to such matters immediately prior to the commencement of this Act. (2) All members of the Cadet Force who, immediately prior to the commencement of this Act, held commissions in the Cadet Corps established by the Rhodesia and Nyasaland Cadet Corps Act, 1955, shall continue to hold those commissions and shall have all the powers and be subject to all the obligations of officers of the Cadet Force holding commissions granted in terms of this Act.
SUBSIDIARY LEGISLATION

COMBINED CADET FORCE THE COMBINED CADET FORCE REGULATIONS ARRANGEMENT OF REGULATIONS Regulation 1. 2. 3. 4. 5. 6. 7. 8. Title Interpretation Designation and grading of ranks within the Cadet Force Formation of contingents Establishment of officers Appointment, etc., of chief petty officers Appointment of officers Promotion and suspension of officers

9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31.

Resignation of officers Placing of officers on supernumerary list Pay of officers Annual allowances of officers Leave of absence for officers Appointment of cadets as cadet officers Appointment of cadets to warrant and non-commissioned rank Dismissal of cadets Training year Eligibility to join Discipline at parades Publication of criticism Redress of wrongs Boards of inquiry Guards of honour and public functions Issue and preservation of Government property Issue of clothing to officers and chief petty officers Rations Illness and injury in the course of duty Death in the course of duty Benefits on death or disability Training and proficiency Standards of proficiency

SCHEDULE-Ranks in the Cadet Force

SECTION 9-THE COMBINED CADET FORCE REGULATIONS Regulations by the President
Statutory Instruments 95 of 1965 186 of 1966

1. These Regulations may be cited as the Combined Cadet Force Regulations. 2. In these Regulations, unless the context otherwise requires-

Title

Interpretation

"contingent" means a contingent of the Cadet Force established under section eight of the Act; "contingent commander" means any officer appointed under regulation 4 to command a contingent; "officer", for the purposes of these Regulations, means a person commissioned as such in the Cadet Force and an officer of the Auxiliary Air Force, appointed to an air cadet contingent by the Air Commander under the provisions of paragraph (e) of sub-regulation (1) of regulation 5, but shall not include a cadet officer; "Territorial Force" shall have the meaning assigned to it under section two of the Defence Act. 3. (1) The ranks within the Cadet Force shall beCap. 106

Designation and grading of ranks within the Cadet Force

(a) in a contingent providing training through the medium of army instruction, the ranks specified in the first column of the Schedule; (b) in a contingent providing training through the medium of sea instruction, the ranks specified in the second column of the Schedule; (c) in a contingent providing training through the medium of air instruction, the ranks specified in the third column of the Schedule. (2) The rank specified in any item of the Schedule shall be inferior to any rank specified in the preceding item and superior to any rank specified in a succeeding item. (3) The rank specified in the first column of any item of the Schedule shall be the equivalent of the rank specified opposite thereto in the second column and the third column of that item and any reference in these Regulations to any such latter rank shall be construed as including a reference to any such equivalent rank. 4. (1) A contingent providing training through the medium of army Formation of

instruction (hereinafter referred to as an "army cadet con-tingent") shall- contingents (a) consist of one or more platoons;

(b) be commanded by an officer appointed by the Army Commander. (2) A platoon shall consist of not more than twenty-eight army cadets, of whom one cadet may be a cadet second lieutenant appointed under regulation 14, three cadets may be cadet sergeants, and three cadets may be cadet corporals. (3) A contingent comprising two platoons or more may, in addition, be granted authority to raise a band consisting of not more than twenty cadets, of whom one cadet may be a cadet drum major. The musicians shall comprise one bass drummer, one tenor drummer, four side drummers, one cymbalist and twelve buglers, of whom two may be cadet sergeants, and two cadet corporals. (4) The Army Commander may form any number of army cadet contingents into a unit which shall be commanded by an officer appointed by the Army Commander to command that unit in a rank not higher than major. (5) A contingent providing training through the medium of sea instruction (hereinafter referred to as "a sea cadet contingent") shall(a) consist of such number of sea cadets as may be declared from time to time by the Army Commander, and in the event not less than fifty sea cadets, of whom two cadets may be cadet acting sub-lieutenants, appointed under regulation 14, two may be cadet petty officers and six may be cadet leading seamen; (b) be commanded by an officer appointed by the Army Commander. (6) A contingent providing training through the medium of air instruction (hereinafter referred to as an "air cadet contingent") shall-

(a)

consist of one or more flights;

(b) be commanded by an officer of the Auxiliary Air Force appointed by the Air Commander. (7) A flight shall consist of not more than twenty-one cadets, of whom one cadet may be a cadet sergeant and three may be cadet corporals. (8) The Air Commander may form any two or more flights into a squadron, in which one cadet may be a cadet flight sergeant. (9) The authorised contingents shall be as published in the Gazette from time to time. 5. (1) Subject to the provisions of regulation 7, the establishment of officers and, in the case of a sea cadet contingent, chief petty officers shall be(a) in an army cadet contingent comprising one platoon- a lieutenant; (b) in an army cadet contingent comprising two platoons -a captain and a lieutenant; (c) in an army cadet contingent comprising more than two platoons-a captain and such number of lieutenants as may be approved by the Army Commander; (d) in a sea cadet contingent-a lieutenant, a sub-lieutenant and three chief petty officers; (e) in an air cadet contingent, such number of officers of the Auxiliary Air Force as may be appointed thereto by the Air Commander. (2) Notwithstanding the provisions of sub-regulation (1), the Army Commander may appoint a quartermaster, who shall be a lieutenant, to such army cadet contingents as he may think fit. Establishment of officers

(3) Notwithstanding the provisions of paragraph (d) of sub-regulation (1), the Army Commander may appoint an officer of or below the rank of lieutenant commander to be overall commander of two or more sea cadet contigents. (As amended by No. 186 of 1966) 6. (1) The Army Commander mayAppointment, etc., of chief petty officers

(a) appoint persons to hold the rank or rating of chief petty officer in a sea cadet contingent; (b) suspend from duty any chief petty officer appointed under this regulation. (2) A chief petty officer appointed under this regulation may resign his appointment by giving to the Army Commander one month's notice in writing of his intention to resign. (3) A chief petty officer appointed under this regulation shall, in respect of any period during which he attends for duty at a sea cadet camp, or at any approved full-time course of military or naval instruction in excess of forty-eight hours, receive as pay and allowances the pay and allowances payable at that time to an army warrant officer class two holding the appointment of company sergeant major in the Defence Force. (No. 186 of 1966) 7. (1) The President may appoint persons to hold commissioned ranks in the Cadet Force. (2) An officer shall hold his appointment during the pleasure of the President, but his commission shall not be cancelled unless he is notified in writing of the action proposed to be taken against him and is called upon to show cause in relation thereto. 8. The Army Commander or the Air Commander, as the case may be, Promotion and maysuspension of Appointment of officers

(a) on the authority of the President, promote or temporarily appoint officers any officer to higher rank; (b) (c) appoint any officer to act in a higher rank; suspend any officer from duty.

9. An officer may, in writing, tender the resignation of his commission, Resignation of but shall not, unless otherwise ordered by the President, be relieved of officers the duties of his appointment until he has received notification of the acceptance of his resignation. 10. The Army Commander shall cause to be placed on a list, to be known as the Zambia Combined Cadet Force Supernumerary List, the names of all officers, other than officers of the Auxiliary Air Force, who, through no fault of their own, are obliged to leave their contingents and who apply to have their names placed on that list. 11. An officer shall, in respect of any period during which he attends for duty at a cadet camp, or at an approved full-time course of military instruction in excess of forty-eight hours, receive the pay and allowances appropriate to his rank and service at the Defence Force rates. 12. (1) Subject to the provisions of this regulation, an officer who(a) holds the rank of major or equivalent rank, shall be paid an allowance at the rate of three hundred kwacha per annum; (b) holds the rank of captain or equivalent rank, shall be paid an allowance of one hundred and fifty kwacha per annum; (c) holds the rank of lieutenant or equivalent rank, shall be paid an allowance of one hundred and twenty kwacha per annum; (d) holds the appointment of quartermaster, shall be paid an allowance at the rate of one hundred and seventy kwacha per annum: Provided that an officer of the Auxiliary Air Force appointed to an air cadet contingent by the Air Commander under the provisions of paragraph (e) of sub-regulation (1) of regualtion 5, shall not be entitled to payment of an allowance under this regulation in respect of any period during which he is in receipt of an annual allowance or any equivalent allowance which may be prescribed by regulations relating to Placing of officers on supernumerary list

Pay of officers

Annual allowances of officers

the Auxiliary Air Force. (2) The annual allowance referred to in sub-regulation (1) will be payable in arrears at the rate of one-third of the allowance at the end of each school term. (3) An allowance shall be payable under this regulation to an officer who is a contingent commander only if the Army Commander or Air Commander, as the case may be, has certified that he has performed his duties efficiently during the period in respect of which the allowance is payable. (4) An allowance shall be payable under this regulation to an officer who is not a contingent commander only if his contingent commander has certified that he has performed his duties efficiently during the period in respect of which the allowance is payable. (5) No allowance shall be payable under this regulation to an officer in respect of any period during which that officer is on leave of absence from his duties in the Cadet Force. 13. (1) A contingent commander may be granted leave of absence from Leave of his duties in the Combined Cadet Force by the Army Commander or the absence for Air Commander, as the case may be. officers (2) An officer other than a contingent commander may be granted leave of absence from his duties in the Cadet Force(a) for a period not exceeding thirty days, by his contingent commander; (b) for a period exceeding thirty days, by the Army Commander or the Air Commander, as the case may be. 14. (1) The Army Commander may appoint a cadet second lieutenant or cadet acting sub-lieutenant. Appointment of cadets as cadet officers

(2) On the report of a board of inquiry, the Army Commander may cancel the appointment of any cadet second lieutenant or cadet acting sub-lieutenant, but shall not cancel his appointment unless such cadet is notified in writing of the action proposed to be taken against him and is called upon to show cause in relation thereto. (3) The Army Commander may suspend any cadet second lieutenant or cadet acting sub-lieutenant from duty. (4) A cadet second lieutenant, or cadet acting sub-lieutenant shall not, unless suspended by the Army Commander, be relieved of the duties of his appointment until he has left his contingent or his appointment has been cancelled under subregulation (2). (5) A cadet second lieutenant, or cadet acting sub-lieutenant shall, in respect of any period during which he attends for duty at a cadet camp, be paid at the rate of thirty-five ngwee per day. 15. (1) The Army Commander may appoint any cadet serving in an Appointment of cadets to warrant army cadet contingent or a sea cadet contingent to cadet and non-commissioned rank or acting cadet non-commissioned rank. non-commissioned rank (2) The Air Commander may appoint any cadet serving in an air cadet contingent to cadet non-commissioned rank or acting cadet non-commissioned rank: Provided that, for the purposes of this and the foregoing sub-regulation, "non-commissioned rank" shall not include the rank of cadet warrant officer. (3) Notwithstanding the provisions of sub-regulation (2) of regulation 4, the Army Commander may appoint any cadet serving in an army cadet contingent to cadet warrant officer, or acting cadet warrant officer. (4) Any cadet appointed to cadet warrant or non-commissioned rank may, on the recommendation of his contingent commander, be reduced

in rank by the Army Commander or the Air Commander, as the case may be. 16. The Army Commander or the Air Commander, as the case may be, Dismissal of may, on the report of a board of inquiry, may dismiss from any of his cadets contingents any cadet who, in the opinion of such Commander, is guilty of insubordination or misconduct. 17. The training year for cadets shall be the calendar year. Training year

18. (1) The age prescribed for the purposes of paragraph (a) of section Eligibility to six of the Act shall be fourteen years six months. join (2) Boys who join the Cadet Force must be attending a recognised secondary school in Form III or above. (3) Notwithstanding the provisions of this regulation, the Army Commander or the Air Commander, as the case may be, may permit any boy to serve in the Cadet Force if, in the opinion of such Commander, it is in the interests of the Cadet Force. 19. The senior officer or, in the absence of an officer, the senior cadet Discipline at present at any parade of cadets shall be responsible for the due parades observance of discipline by all cadets present. 20. Officers and cadets of the Cadet Force shall not by public Publication of discussion or by communicating anonymously or otherwise to the press criticism or by publishing or being party to the publication of matters concerning the Cadet Force or any contingent thereof(a) criticise adversely the conduct of any officer or cadet of the Cadet Force acting in the exercise of his duties under the Act or these Regulations; or (b) create or express a feeling of discontent among officers or cadets of the Cadet Force against lawful orders or instructions issued under proper authority. 21. (1) If an officer thinks himself wronged by his contingent commander and, on due application made to that officer, does not Redress of wrongs

receive the redress to which he considers himself entitled, he may complain to the Army Commander or the Air Commander, as the case may be. (2) If any cadet has a complaint against any other cadet or officer, other than his contingent commander, he may complain to his contingent commander and, if such complaint is not redressed or if he has any complaint against his contingent commander, he may complain to the Army Commander or the Air Commander, as the case may be, through his contingent commander. (3) Every contingent commander to whom a complaint is made shall cause that complaint to be inquired into and, if on inquiry he is satisfied of the justice of the complaint, he shall take such steps as he considers necessary to give full redress to the complaintant. (4) If a complaint is made to the Army Commander or the Air Commander, the Commander to whom such complaint is made shall cause the complaint to be inquired into and, if on inquiry he is satisfied of the justice of the complaint, he shall take such steps as he considers necessary to give full redress to the complainant.

22. Boards of inquiry may be convened by the Army Commander or the Air Commander from time to time for the purpose of investigating and reporting upon any matter concerning the Cadet Force. 23. Cadets shall not form guards of honour or take part in any public function in their capacity as cadets without the authority of the Army Commander or the Air Commander, as the case may be.

Boards of inquiry

Guards of honour and public functions

24. (1) An issue of arms, equipment, clothing and stores shall be made Issue and to a contingent from time to time at the expense of the Government. preservation of Government property (2) Any arms, equipment and clothing issued to a contingent shall be issued to the members thereof by the contingent commander in accordance with the directions of the Army Commander or the Air Commander, as the case may be.

(3) Any arms and equipment issued free of charge to an officer, chief petty officer or cadet of the Cadet Force and any clothing issued free of charge to a chief petty officer or a cadet shall remain the property of the Government, and an officer, chief petty officer or cadet may at any time be ordered by his contingent commander to return all or any of the items thereof. (4) If, when ordered to do so(a) an officer, chief petty officer or cadet fails to return any item of arms and equipment issued to him free of charge; or (b) a chief petty officer or cadet fails to return any item of clothing issued to him free of charge; he shall be liable to pay an amount equal to the cost thereof to the Government, unless he can show that such item was stolen, lost or destroyed and that he took all reasonable precautions to prevent its theft, loss or destruction. (5) Loss or damage to, or destruction of, any arms, equipment, clothing or stores shall be reported immediately to the contingent commander by the officer, chief petty officer or cadet who first discovers such loss, damage or destruction. (6) If the commission of an officer is cancelled or if he resigns from the Cadet Force, or if, being an officer of the Auxiliary Air Force, he resigns from that Force, he shall hand in to his contingent commander any arms and equipment which have been issued to him under this regulation. (7) On ceasing to be a member of the Cadet Force, a chief petty officer or cadet shall hand to his contingent commander any arms, equipment and clothing which have been issued to him free of charge. (As amended by No. 186 of 1966) 25. (1) An issue of clothing shall be made to every officer on his appointment to commissioned rank and to every chief petty officer on his appointment: Issue of clothing to officers and chief petty

officers Provided that an officer of the Auxiliary Air Force who has received an issue of clothing on his appointment to commissioned rank in that Force, and who has been appointed to an air cadet contingent by the Air Commander under the provisions of paragraph (e) of sub-regulation (1) of regulation 5 shall not, on such appointment, be entitled to an issue of clothing under this regulation. (2) If an officer to whom an issue of clothing has been made is permitted to resign his commission and his resignation takes effect or a chief petty officer to whom an issue of clothing has been made terminates his service(a) before the expiry of two years from the date of his appointment to commissioned rank or to be a chief petty officer, he shall be liable to pay to the Government an amount equal to two-thirds of the cost of that issue; (b) after the expiry of two years but before the expiry of three years from the date of his appointment to commissioned rank or to be a chief petty officer, he shall be liable to pay to the Government an amount equal to one-third of the cost of that issue. (3) Notwithstanding the provisions of sub-regulation (2), the President, or an officer authorised by him, may remit the whole or any portion of the amount which an officer or chief petty officer is liable, under the provisions of this regulation to pay to the Government if, in his opinion, there are special circumstances which make the resignation of an officer or chief petty officer necessary, and shall remit the whole of any such amount if the officer or chief petty officer is suffering from ill health certified by a medical officer of the Defense Force as being sufficiently serious to warrant the resignation. (4) An officer or chief petty officer shall be paid an allowance of twenty kwacha annually for the purpose of maintaining his clothing, this allowance to be paid in arrears at the rate of one-third of the allowance at the end of each school term: Provided that an officer of the Auxiliary Air Force appointed to an air

cadet contingent by the Air Commander under the provisions of paragraph (e) of sub-regulation (1) of regulation 5 shall not be entitled to an allowance under this regulation but shall be paid the appropriate allowance for the purpose of maintaining his clothing prescribed by regulations relating to the Auxiliary Air Force. (As amended by No. 186 of 1966) 26. Officers and cadets of the Cadet Force attending for duty at a cadet Rations camp shall be issued with rations at the expense of the Government. 27. (1) An illness contracted or injury sustained by an officer, chief petty officer or cadet in the course of duties in the Cadet Force shall be reported immediately to a medical officer in the Defence Force. (2) An officer, chief petty officer or cadet who, in the course of his duties in the Cadet Force(a) (b) contracts an illness; or sustains an injury; Illness and injury in the course of duty

which is not due to misconduct or serious negligence on his part shall(i) be entitled to receive such free medical attention and treatment as is authorised by a medical officer of the Defence Force; (ii) in the case of an officer or chief petty officer, receive from Government the pay and allowances referred to in regulation 11 in respect of any period that he is thereby incapacitated from carrying out his civil occupation, or the amount of salary and allowances which would have been paid to him by his employer had he been carrying out his civil occupation during such period, whichever is the greater. (3) Any expenses incurred in the treatment of an officer or cadet referred to in sub-regulation (2) by a medical practitioner, other than a medical officer of the Defence Force or a Government medical officer, shall only be paid by the Government if the treatment has been authorised and approved by the Senior Medical Officer of the Defence Force or the Permanent Secretary, Department of Health, as the case may be. (As amended by No. 186 of 1966)

28. If an officer, chief petty officer or cadet dies as a result of an illness Death in the contracted or an injury sustained in the course of his duties in the Cadet course of duty Force, the amount of any reasonable expenses incurred in burying him shall be paid by the Government. (As amended by No. 186 of 1966)

29. (1) Every disabled officer or chief petty officer and the widow, Benefits on child or other dependant of a deceased officer or chief petty officer shall death or be entitled to such disablement benefits and allowances as may be disability prescribed by regulation from time to time. (2) For the purposes of this regulation"deceased officer or chief petty officer" means a person who was an officer or chief petty officer and who dies owing to an injury received or from an illness contracted in and by the discharge of his duties in the Cadet Force without any misconduct or serious negligence on his part; "disabled officer or chief petty officer" means(a) (b) an officer or chief petty officer; a person who was an officer or chief petty officer;

who is suffering from a disablement which is attributable to or which has been aggravated by the discharge of his duties in the Cadet Force without any misconduct or serious negligence on his part. (As amended by No. 186 of 1966)

30. The Army Commander, in respect of army and sea cadets, and the Training and Air Commander in respect of air cadets will prescribe the courses of proficiency instruction to be followed by cadets. 31. The Army Commander, or the Air Commander, as the case may be, Standards of shall prescribe the standards of proficiency to be attained by cadets, proficiency which shall be recognised by the granting of appropriate certificates or other awards, and the conditions in which such awards shall count towards the status of a cadet who later joins the Territorial Force.

SCHEDULE (Regulation 3) RANKS IN THE CADET FORCE Army Contingents 1. Major 2. Captain 3. Lieutenant
4. Cadet Second Lieutenant 5. Cadet Warrant Officer Class I 6. Cadet Warrant Officer Class II/ Cadet Drum Major 7. Cadet Colour Sergeant 8. Cadet Sergeant 9. Cadet Corporal 10. Cadet Lance Corporal 11. Cadet Cadet Able Seaman/ Cadet Ordinary Seaman Cadet Petty Officer Cadet Leading Seaman

Sea Cadet Contingents Lieutenant-Commander Lieutenant Sub-Lieutenant

Chief Petty Officer Cadet Acting SubLieutenant

Air Cadet Contingents

Officers are members of the

Auxiliary Air Force

Cadet Flight Sergeant Cadet Sergeant Cadet Corporal Senior Cadet Leading Cadet/Cadet First Class/Cadet Second Class
(As amended by No. 186 of 1966)

CHAPTER 119 THE SOCIETIES ACT

ARRANGEMENT OF SECTIONS

PART I PELIMINARY Section

1. 2. 3. 4. 5.

Short title Interpretation Registrar of Societies Protection of officers Associations deemed to be established in Zambia

PART II REGISTRATION REGISTRATION 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. OR EXEMPTION FROM

Application for registration or exemption Registration or exemption of societies Grounds for refusing registration or exemption Cases where Registrar must refuse registration or exemption Method of effecting registration Exemption from registration to be entered in register Rescission of exemption Cancellation of registration Prohibition of certain acts after society has become unlawful Publication of registration, etc. Appeals

PART III DUTY OF SOCIETIES TO FURNISH IINFORMATION 17. 18. 19. 20. 21. 22. Change of name, etc., of registered societies Change of name, etc., of exempted societies Information to be furnished by registered societies Authorised officer may call for audited accounts Persons responsible for supplying information Discretion to publish information

PART IV

UNLAWFUL SOCIETIES Section 23. 24. 25. 26. 27. 28. Unlawful societies Penalties of office-bearers, members, etc., of unlawful society Persons allowing unlawful society on premises Presumptions as to societies Presumption of membership, etc., of society Winding up affairs of unlawful society

PART V GENERAL 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. Search warrants Power to search without warrant Supplementary provisions as to search warrants, etc. Consent to prosecution Forfeiture Registered office Power to reject information, etc. Service of summons, etc. Penalty for unauthorised disclosure Rules
65 of 1957 46 of 1958 26 of 1960 7 of 1962 9 of 1974 21 of 1990 13 of 1994 Government Notices 314 of 1964 497 of 1964 Statutory Instruments

CHAPTER 119 SOCIETIES An Act to provide for the better control of societies by registration and supervision; and to provide for matters connected therewith and incidental thereto. [2nd June, 1958]

66 of 1965 96 of 1969

PART I PRELIMINARY 1. This Act may be cited as the Societies Act.

Short title

2. (1) In this Act, unless the context otherwise requires"authorised officer" means the Registrar, an Administrative Officer, a police officer in charge of a District Police Station, and any police officer of or above the rank of Sub-Inspector. (No. 9 of 1974) "declared objects", in relation to any society, means the objects declared by such society at the time of, and contained in, the application of such society for registration, or any subsequent variation of such objects made in accordance with rules made under the provisions of this Act; "exempted society" means any society for the time being exempted from registration under the provisions of this Act; "member", in relation to a society, includes an office-bearer of such society; "office-bearer", in relation to any society or any committee or governing or executive body of a society, means any person who is the president, vice-president, chairman, deputy chairman, secretary or treasurer of such society, committee or body, or who holds therein any office or position analogous to any of those mentioned above; "Permanent Secretary" means the Permanent Secretary, Ministry of Home Affairs; "place" includes vessel and vehicle; "registered society" means any society for the time being registered under the provisions of this Act; "Registrar" means the officer appointed as Registrar of Societies under section three and such other officers as may be appointed under the same section; "society" means any club, company, partnership or other association of ten or more persons, whatever its nature or object-

Interpretation

(a)

formed or established in Zambia; or

(b) having its headquarters or chief place of business within Zambia; or (c) which is deemed to be an association established in Zambia under the provisions of section five; and any branch of such club, company, partnership or association, but does not include(i) any company registered under the provisions of the Companies Act, or which has complied with the requirements of section two hundred and twenty-six of the said Act, and any building society; (ii) any company, council, authority, association, board, committee or other body lawfully constituted or established under Royal Charter, Royal Letters Patent, British Act, Order in Council or any law for the time being in force in Zambia; (iii) any trade union registered under the provisions of the Industrial and Labour Relations Act (iv) any company, association or partnership consisting of not more than twenty persons, formed and maintained for the sole purpose of carrying on any lawful profession or business; (v) any co-operative society registered under the provisions of the Co-operative Societies Act; (vi) any society or class of society which the Minister may, by statutory order, declare not to be a society for the purposes of this Act; "statutory society" means a registered society or an exempted society; "unlawful society" means a society declared to be unlawful by or under the provisions of section twenty-three; "writing" includes any handwritten or typed document and any carbon or other copy thereof, and any reproduction of any document by printing, lithography, photography or any other means whatsoever, whether similar to those enumerated or not. (2) Where any body of persons, whether corporate or unincorporate, is a member of an association, all members of such body shall be deemed, for the purposes of this Act, to be members of such association. (As amended by No. 26 of 1960, G.N. No. 314 of 1964, S.I. No. 66 of 1965 and S.I. No. 96 of 1969) Cap. 388 Cap. 269 Cap. 347

3. (1) There shall be a public officer styled the Registrar of Societies and such additional Registrars, who shall be public officers, as may be necessary for the purposes of this Act. (2) The Minister may from time to time give general or special directions to the Registrar as to the performance of his duties, and the Registrar shall comply with any such directions. (As amended by G.N. No. 314 of 1964)

Registrar of Societies

4. No suit shall lie against any public officer for anything done or Protection of omitted to be done by him in good faith without negligence and intended officers exercise of any power of performance of any duty conferred or imposed upon him by any of the provisions of this Act. 5. An association shall be deemed to be established in Zambia although it is organised and has its headquarters or chief place of business outside Zambia, if any of its office-bearers or members reside in Zambia or is present therein, or if any person in Zambia manages or assists in the management of such association or solicits or collects money or subscriptions in its behalf: Provided that no association shall be deemed to be so established if and so long as(i) and it is organised and is operating wholly outside Zambia; Associations deemed to be established in Zambia

(ii) no office, place of business or place of meeting is maintained or used in Zambia by such association or by any persons in its behalf; and (iii) no register of all or any of the members of such association is kept in Zambia; and (iv) no subscriptions are collected or solicited in Zambia by the society or by any person in its behalf. PART II REGISTRATION OR EXEMPTION FROM

REGISTRATION 6. (1) Every society, other than a society in respect of which an order Application for made under the provisions of subsection (2) of section twenty-three is in registration or exemption force, shall, in the manner prescribed and within twenty-eight days of the formation thereof or of the adoption thereby of a constitution or of rules, or within such extended period as the Registrar may in any particular case allow, make application to the Registrar for registration or for exemption from registration under this Act. An application under the provisions of this section shall be deemed not to have been made until it has been received by the Registrar. (2) Every society in existence at the commencement of this Act shall, in the manner prescribed, make application to the Registrar for registration or for exemption from registration under this Act within sixty days of such date, or within such extended period as the Registrar may either generally or in any particular case allow, and, notwithstanding anything contained in this Act, no such society shall be deemed to be an unlawful society until such period or extended period has elapsed. (3) Notwithstanding the failure of a society to make application for registration or exemption from registration within the relevant period prescribed under subsection (1) or (2), such society may make a subsequent application to the Registrar for registration or exemption from registration under this Act, and such application may, with the prior consent of the Permanent Secretary, be deemed to be a due application for the purposes of section seven. (4) Any person who knowingly makes any false statement in any application made under the provisions of this section shall be guilty of an offence and shall be liable to a fine not exceeding three thousand penalty units. (As amended by No. 46 of 1958, No. 26 of 1960, G.N. No. 314 of 1964 and Act No. 13 of 1994) 7. (1) Upon due application being made by any society for registration, Registration or the Registrar shall, subject to the provisions of this Act, register such exemption of society. societies (2) Upon due application being made by any society for exemption

from registration, the Registrar may(a) with the approval of the Permanent Secretary and subject to the provisions of this Act, grant such exemption; or (b) refuse the application;

and if such exemption is not granted, the Registrar shall treat the application as an application for registration and shall, subject to the provisions of this Act, register the society. (3) On registering, or exempting from registration, a society, the Registrar shall issue to such society a certificate in the prescribed form which shall be prima facie evidence of registration or exemption, as the case may be. (4) Notwithstanding any other provision of this Act, a registered society may make application to the Permanent Secretary for exemption from registration and the Permanent Secretary may, in his absolute discretion and subject to such conditions, if any, as he thinks fit, grant such society exemption from registration, and thereupon the Registrar shall cancel the certificate issued to such society under the provisions of subsection (3) and shall issue a certificate of exemption to such society. (As amended by No. 26 of 1960 and G.N. No. 314 of 1964) 8. The Registrar may refuse to register and shall not exempt from registration any society where it appears to him that such society has among its objects, or is likely to pursue or to be used for, any unlawful purpose or for any purpose prejudicial to or incompatible with the peace, welfare or good order in Zambia, or that the interests of the peace, welfare or good order in Zambia would otherwise be likely to suffer prejudice by reason of the registration, or exemption from registration, of such society. (As amended by No. 46 of 1958 and G.N. No. 314 of 1964) 9. The Registrar shall refuse to register and shall not exempt from registration any society where(a) it appears to him that the terms of the constitution or rules of such society are in any respect repugnant to or inconsistent with the provisions of any law for the time being in force in Zambia; or Cases where Registrar must refuse registration or exemption Grounds for refusing registration or exemption

(b) he is satisfied that the application does not comply with the provisions of this Act or of any rules made thereunder; or (c) (d) (i) he is satisfied that the society does not exist; or the name under which the society is to be registeredis identical with that of any other existing society; or

(ii) so nearly resembles the name of such other society as, in the opinion of the Registrar, is likely to deceive the public or the members of either society; or (iii) is, in the opinion of the Registrar, repugnant to or inconsistent with the provisions of any law for the time being in force in Zambia or is otherwise undesirable. 10. (1) The Registrar shall effect registration of a society by entering in Method of effecting a register kept for the purpose the particulars given in the application form and the date of such entry. registration (2) Upon payment of such fee as may be prescribed, the register kept under the provisions of subsection (1) may be searched and examined by any person during the usual office hours upon application being made to the Registrar in that behalf. (3) Any document purporting to be an extract of any entry in the register kept under the provisions of subsection (1) and to be certified under the hand of the Registrar shall be received in evidence as to the matters stated therein in any proceedings under the provisions of this Act. (As amended by No. 26 of 1960) 11. (1) When a society is exempted from registration under the provisions of section seven, the Registrar shall enter in a register kept for the purpose the name of such society together with the date of such exemption. Exemption from registration to be entered in register

(2) Upon payment of such fee as may be prescribed, the register kept under the provisions of subsection (1) may be searched and examined by

any person during the usual office hours upon application being made to the Registrar in that behalf. (No. 7 of 1962) 12. (1) The Registrar may, with the approval of the Minister, rescind at Rescission of any time any exemption granted under the provisions of section seven. exemption (2) Where the Registrar rescinds the exemption of a society under the provisions of subsection (1), such society may, within twenty-one days from the date of the receipt of notification of such rescission, apply for registration under this Act, and where such society so applies it shall not, pending consideration of such application and notwithstanding any provision of this Act to the contrary, be deemed to be an unlawful society. (3) Where the Registrar rescinds the exemption of a society under the provisions of subsection (1), such society shall, within twenty-one days from the date of the receipt of notification of such rescission, surrender to the Registrar the certificate of exemption issued to it under the provisions of subsection (3) of section seven, and if such certificate is not so surrendered, every office-bearer of the society shall be guilty of an offence and shall be liable to a fine not exceeding seven hundred and fifty penalty units and to a further fine not exceeding one hundred and fifty penalty units for every day after the expiration of the said period of twenty-one days upon which such certificate remains unsurrendered. (As amended by G.N. No. 314 of 1964 and Act No. 13 of 1994) 13. (1) The Minister may, in his discretion, cancel at any time the Cancellation of registration of any society effected under the provisions of section seven registration if he is satisfied that it is expedient so to do on the ground that(a) the society concerned has, in his opinion, among its objects, or is, in his opinion, likely to pursue, or to be used for, any unlawful purpose or any purpose prejudicial to or incompatible with the peace, welfare or good order in Zambia; or (b) the interests of peace, welfare or good order in Zambia would, in his opinion, be likely to suffer prejudice by reason of the continued registration of such society.

(2) The Registrar may, in his discretion, cancel at any time the registration of any society effected under the provisions of section seven if he is satisfied that it is expedient so to do on the ground that(a) the terms of the constitution or rules of such society are, in his opinion, in any respect repugnant to or inconsistent with the provisions of any law for the time being in force in Zambia; or (b) the society concerned has, in contravention of the provisions of section seventeen, altered its objects or pursues objects other than its declared objects; or (c) the society concerned has failed to comply with an order made under the provisions of section nineteen or twenty within the time stated in such order; or (d) he has reason to believe that any such society has ceased to exist as a society; or (e) the society has changed its name and the new name it has adopted(i) is identical with that of any other existing society; or (ii) so nearly resembles the name of such other society as, in the opinion of the Registrar, is likely to deceive the public or the members of either society; or (iii) is, in the opinion of the Registrar, repugnant to or inconsistent with the provisions of any law for the time being in force in Zambia or is otherwise undesirable. (3) Prior to cancelling any registration under the provisions of this section, the Registrar shall notify his intention to the society concerned and shall give such society an opportunity to submit reasons why the registration should not be cancelled. (4) A society which has had its registration cancelled under the provisions of paragraph (c) of subsection (2) shall not be entitled to apply for re-registration until the order concerned has been complied with. (As amended by No. 46 of 1958 and G.N. No. 314 of 1964)

14. (1) Where any society is or has become an unlawful society under the provisions of this Act, the Minister may, where it appears to him to be in the public interest to do so, by order prohibit any act specified therein-

Prohibition of certain acts after society has become unlawful

(a) by any person on behalf of or in relation to any society associated with such unlawful society; or (b) by any person on behalf of or in relation to any society which, in the opinion of the Minister, has objects similar to the objects of such unlawful society; in the area of Zambia specified therein, being the area in which it appears to him that such society carried on or, as the case may be, proposed to carry on, its activities or in any part of such area. (2) Any person who contravenes the provisions of an order made under subsection (1) shall be guilty of an offence and liable on conviction to a fine not exceeding three thousand penalty units or to imprisonment for a term not exceeding one year, or to both. (3) A police officer of or above the rank of Inspector may arrest without warrant any person whom he suspects upon reasonable grounds of having committed an offence against this section. (4) For the purposes of this section, a society shall be deemed to be in association with a society which has become unlawful or has been refused registration or has had its registration cancelled if such society is the parent society of which such unlawful society is a branch or is derived from the same parent society or is the successor of such an unlawful society. (5) An order under this section shall continue in force for such period (not exceeding six months) as may be specified therein: Provided that nothing herein shall preclude the Minister from making a further order or further orders with or without variations if it appears to him to be in the public interest to do so.

(No. 46 of 1958 as amended by G.N. No. 314 of 1964 and Act No. 13 of 1994) 15. (a) The Registrar shall, by Gazette notice, notifyevery registration effected under the provisions of section ten; Publication of registration, etc.

(b) every exemption from registration granted under the provisions of section seven; (c) every rescission of exemption from registration effected under the provisions of section twelve; (d) every cancellation of registration effected under the provisions of section thirteen; (e) every refusal to register under the provisions of section eight or nine; and (f) every change of its name by a statutory society notified under the provisions of section seventeen or eighteen. (As amended by No. 7 of 1962) 16. Any society, other than a society the registration of which has been Appeals cancelled under the provisions of subsection (1) of section thirteen or in respect of which an order made under the provisions of subsection (2) of section twenty-three is in force, which is aggrieved by the refusal of the Registrar to register such society or by his decision to cancel the registration thereof or by his refusal to grant any application made under the provisions of subsection (2) of section nineteen may, within twenty-one days or such extended period as the Minister may allow, from the date of such refusal or cancellation, appeal against such refusal or decision to the Minister. (As amended by No. 26 of 1960 and G.N. No. 314 of 1964) PART III DUTY OF SOCIETIES TO FURNISH INFORMATION 17. (1) No registered society shallChange of name, etc., of registered societies

(a) (i)

changeits name; or

(ii) (b)

any of the provisions of its constitution or rules; or add to or decrease its objects; or

(c) become a branch of, or affiliated to or connected with, any organisation or group of a political nature established outside Zambia; without notification in writing to the Registrar within one month thereof, and it shall be the duty of every office-bearer of a registered society to ensure that such society does not contravene the provisions of this subsection. (2) If any registered society fails to comply with, or acts in contravention of, any of the provisions of this section, then such society and every office-bearer thereof shall be guilty of an offence and shall be liable to a fine not exceeding three thousand penalty units. (As amended by Act No. 13 of 1994) 18. (1) Every exempted society which changes its name or adds to or decreases its objects shall give notice in writing to the Registrar within one month thereof. Change of name, etc., of exempted societies

(2) If any exempted society fails to comply with the provisions of subsection (1), such society and every office-bearer thereof shall be guilty of an offence and liable to a fine not exceeding three thousand penalty units. (As amended by Act No. 13 of 1994) 19. (1) An authorised officer may, at any time by notice under his hand, Information to order any registered society to furnish him withbe furnished by registered societies (a) a true and complete copy of the constitution and rules of such society in force at the date of such order; (b) a true and complete list of office-bearers of such society or of any committee or governing or executive body of such society residing in Zambia or present therein at the date of such order;

(c) such accounts, returns and other information as may be prescribed by the Minister. (2) An order given under the provisions of subsection (1) shall specify the time, not being less than twenty-one days, within which the information shall be supplied: Provided that the authorised officer may, in his discretion, on application being made to him and good cause being shown, grant such extension of time as he may think fit. (3) Without prejudice to the provisions of subsections (1) and (2), an authorised officer may, at any time by notice under his hand, order any registered society within a time to be specified in such notice to permit its accounts to be inspected by himself or by a person authorised in writing by him. (4) Every office-bearer and every person managing or assisting in the management of a society in respect of which a notice under subsection (3) has been served shall supply to the authorised officer or the person authorised by him such information relating to the accounts of the society and other matter incidental thereto as an authorised officer or such authorised person may require, and when the inspection is undertaken by a person authorised by the authorised officer, such person shall make a report to the authorised officer with such recommendation as he may deem fit to include. (As amended by No. 46 of 1958, No. 26 of 1960 and G.N. No. 314 of 1964) 20. (1) An authorised officer may, at any time by notice under his hand, order any registered society to furnish him, within a time not being less than twenty-eight days to be stated in such order, with duly audited accounts of such society. (2) For the purposes of this section, "duly audited" means audited by an auditor approved by an authorised officer and such approval may be given either generally or for any particular audit. (As amended by No. 26 of 1960) Authorised officer may call for audited accounts

21. (1) Any order made by an authorised officer in relation to any registered society under the provisions of section nineteen or twenty shall be binding upon every office-bearer and upon every person managing or assisting in the management of such society in Zambia who has been served with such order. (2) If any registered society fails to comply with the whole or any part of any order given under the provisions of section nineteen or twenty, each of the persons mentioned in subsection (1) who has been served with such order shall be guilty of an offence and shall be liable to a fine not exceeding three thousand penalty units: Provided that it shall be a defence for any such person to prove to the satisfaction of the court that he has exercised due diligence and has failed to comply with the order for reasons beyond his control. (3) If any information supplied to an authorised officer in compliance with an order given under the provisions of section nineteen or twenty is incorrect or incomplete in any material particular, the person who supplied such information shall be guilty of an offence and shall be liable to a fine not exceeding three thousand penalty units: Provided that it shall be a defence for such person to prove to the satisfaction of the court that he believed and had good reason to believe that the information was correct and complete. (As amended by No. 26 of 1960 and Act No. 13 of 1994)

Persons responsible for supplying information

22. The Minister may, where it appears to him to be in the interests of Discretion to the members of the society concerned, take such steps as he thinks publish necessary to publish to such members any matter furnished to the information Registrar under the provisions of section nineteen or twenty. (As amended by G.N. No. 314 of 1964) PART IV UNLAWFUL SOCIETIES

23. (1) Every society, other than a statutory society, shall be deemed to Unlawful societies be an unlawful society: Provided that a society in respect of which(i) an application for registration or exemption from registration has been duly and lawfully made under the provisions of section six and has not been refused; or (ii) an appeal has been lawfully made to the Minister under the provisions of section sixteen and remains undetermined; shall not be deemed to be an unlawful society pending such refusal or determination. (2) The Minister may, in his absolute discretion, where he considers it to be essential in the public interest, by order declare to be unlawful any statutory society which, in his opinion(a) is being used for any purpose prejudicial to, or incompatible with, the maintenance of peace, order and good government; or (b) is being used for any purpose at variance with its declared objects. (3) An order made under the provisions of subsection (2) shall operate immediately to cancel the registration or rescind the exemption from registration, as the case may be, of the society concerned. (4) The Minister may at any time vary or revoke an order made under the provisions of subsection (2), but while any such order remains in force, the society in respect of which it was made shall not be entitled to apply for registration or for exemption from registration under this Act. (As amended by No. 46 of 1958 and G.N. No. 314 of 1964) 24. (1) Any office-bearer and any person managing or assisting in the management of any unlawful society and any person who is or who purports to be charged with the performance of any function in respect of such society, which is distinct from the functions of an ordinary Penalties of office-bearers, members, etc., of unlawful

member, shall be guilty of an offence and shall be liable to a fine not society exceeding fifteen thousand penalty units or to imprisonment for a period not exceeding seven years, or to both. (2) Any person who(a) (b) acts as a member of an unlawful society; or attends any meeting of an unlawful society; or

(c) in any public place utters any word or statement, or makes any sign, or displays or is in possession of any badge, banner, insignia or writing, whereby it is indicated that such person is a member of an unlawful society; shall be guilty of an offence and shall be liable to a fine not exceeding fifteen thousand penalty units or to imprisonment for a period not exceeding seven years, or to both. (As amended by No. 26 of 1960 and Act No. 13 of 1994) 25. Any person who knowingly allows a meeting of an unlawful society, or of members of an unlawful society, to be held in any place belonging to or occupied by him, or over which he has control, shall be guilty of an offence and shall be liable to a fine not exceeding seven thousand five hundred penalty units or to imprisonment for a period not exceeding three years, or to both. (As amended by Act No. 13 of 1994) 26. In any proceedings under the provisions of this Act(a) where it is proved that a club, company, partnership or association of ten or more persons is in existence, it shall be presumed that such club, company, partnership or association is a society within the meaning of this Act unless the contrary is proved; (b) it shall not be necessary for the prosecution to prove that a society possesses a name, or that it has been constituted or is usually known under a particular name; (c) where it is alleged that a society is an unlawful society, the burden of proving that such society is a registered or exempted society, or that an application for registration or exemption from registration has been lawfully made under the provisions of section six and has not been Presumptions as to societies Persons allowing unlawful society on premises

refused, shall lie on the person charged. (As amended by No. 46 of 1958) 27. (1) Where any books, accounts, writings, lists of members, seals, banners or insignia of, or relating to, or purporting to relate to, any society are found in the possession of any person, it shall be presumed, until the contrary be proved, that such person is a member of such society, and such society shall be presumed, until the contrary be proved, to be in existence at the time such books, accounts, writings, lists, seals, banners or insignia are so found. (2) Where any books, accounts, writings, lists of members, seals, banners or insignia of, or relating to, any society are found in the possession of any person, it shall be further presumed, until the contrary be proved, that such person assists in the management of such society. 28. (1) The Minister may order that the property, real and personal, which belongs to an unlawful society or which is, with the consent and permission of the true owner thereof, in the possession, order or disposition of such society shall vest in such officer as may be specified in such order, and thereupon such property shall vest in such officer and such officer shall proceed to wind up the affairs of such society, and if, after satisfying and providing for all the debts and liabilities of the society and the cost of winding up, there are any surplus assets, such officer shall prepare and submit to the Minister a scheme for the application of such surplus assets. (2) Where it is necessary that any entry be made in or on any book, register, title deed or other document in order to vest any property in any officer in pursuance of an order made under the provisions of subsection (1), such entry shall, on production of such order, be made, by the person whose duty it is to make such entry, without the payment of any fee or duty in respect thereof. (3) A scheme submitted to the Minister under subsection (1) may be amended by the Minister in such manner as he may think proper in the circumstances of the case, and the approval of the Minister to such scheme shall be denoted by the endorsement thereon of such approval signed by the Permanent Secretary, and thereupon the surplus assets, the subject of the scheme, shall be held by the officer concerned upon the terms and to the purposes thereby prescribed. Winding up affairs of unlawful society Presumption of membership, etc., of society

(4) For the purposes of the winding-up of the affairs of a society under the provisions of this section, the officer specified in the order made under subsection (1) shall have all the powers vested in the Official Receiver for the purpose of the discovering of the property of a debtor and the realisation thereof. (5) The Minister may, for the purpose of enabling a society to wind up its own affairs, suspend the operation of any order made under the provisions of subsection (1) for such period as to him may seem expedient. (6) The provisions of this section shall not apply to any property forfeited under the provisions of section thirty-three. (As amended by No. 26 of 1960 and G.N. No. 314 of 1964) PART V GENERAL
Search warrants 29. (1) Whenever it is represented on oath or affidavit to a Judge or magistrate that in fact or according to reasonable suspicion any society, whether a statutory society or not, is being used or has been used or is about to be used for unlawful purposes or for purposes prejudicial to or incompatible with the maintenance of peace, order and good government, or that any statutory society is being used or has been used or is about to be used for unlawful purposes at variance with its declared objects, such Judge or magistrate may by warrant empower an authorised officer to enter, with or without assistance and using force for that purpose if necessary, into any place which is so represented to be or have been used or to be about to be used as a place of meeting or place of business of such society, and search such place and any person found therein or escaping therefrom for evidence that such society is being used for such purposes aforesaid.

(2) Whenever it is represented on oath or affidavit to a Judge or magistrate that in fact or according to reasonable suspicion any place is or is about to be used as a place of meeting of an unlawful society or of persons who are members of an unlawful society or for the concealment, custody or deposit of any books, accounts, writings, lists of members,

banners, seals, insignia, firearms, weapons or other articles belonging to an unlawful society, such Judge or magistrate may by warrant empower an authorised officer to enter, with or without assistance and using force for that purpose if necessary, into and search such place and seize or cause to be seized all books, accounts, writings, lists of members, banners, seals, insignia, firearms, weapons or other articles which he has reasonable cause to believe belong to any unlawful society or to be in any way connected therewith and to arrest or cause to be arrested any person found in such place or escaping therefrom. (As amended by S.I. No. 66 of 1965 and Act No. 9 of 1974) 30. (1) The Minister may, by statutory order, declare that the provisions Power to search of this subsection shall apply to any area of Zambia, and in any area to without warrant which this subsection has been so applied it shall be lawful for any authorised officer who has reason to believe that any society, whether a statutory society or not, is being used or has been used or is about to be used for unlawful purposes or for purposes prejudicial to or incompatible with the maintenance of peace, order and good government, or that any statutory society is being used or has been used or is about to be used for purposes at variance with its declared objects, to enter, with or without assistance and using force for that purpose if necessary, into any place which he has reason to believe is used or has been used or is about to be used as the place of meeting or place of business of such society and to search such place and any person found therein or escaping therefrom for evidence that such society is being used for such purposes as aforesaid. (2) The Minister may, by statutory order, declare that this subsection shall apply to any area of Zambia, and in any area to which this subsection has been so applied it shall be lawful for any authorised officer to enter, with or without assistance and using force for that purpose if necessary, into any place in which he may have reasonable grounds to believe that a meeting of an unlawful society or of persons who are members of an unlawful society is being held, or that books, accounts, writings, lists of members, banners, seals, insignia, firearms, weapons or other articles belonging to an unlawful society are concealed, kept or deposited and to arrest or cause to be arrested all persons found in or escaping from such place and seize or cause to be seized all books, accounts, writings, lists of members, banners, seals, insignia, firearms, weapons or other articles which he may have reasonable cause to believe belong to any unlawful society or to be in any way connected therewith. (As amended by G.N. No. 314 of 1964 and Act No. 9 of 1974)

31. (1) The provisions of subsections (1) and (3) of section one hundred and two, and sections one hundred and four, one hundred and six, one hundred and nineteen, one hundred and twenty and one hundred and twenty-one of the Criminal Procedure Code shall apply to search warrants issued under the provisions of section twenty-nine, and any magistrate issuing a search warrant under section twenty-nine shall, for the purposes thereof, be deemed to have jurisdiction throughout Zambia. (2) All persons arrested and all articles seized in pursuance of a warrant issued under the provisions of section twenty-nine may be detained in custody until they can, without unnecessary delay, be brought before a subordinate court to be dealt with according to law.

Supplementary provisions as to search warrants, etc. Cap. 88

Consent to 32. Except in the case of persons arrested under the provisions of prosecution section twenty-nine or thirty, a person shall not be prosecuted for an offence under the provisions of this Act or any rule made thereunder without the written consent of the Director of Public Prosecutions, or, if duly authorised thereto by the Director of Public Prosecutions, the Solicitor-General or State Advocates: Provided that a person charged with such offence may be arrested, or a warrant for such arrest may be issued and executed, and any such person may be remanded in custody or on bail notwithstanding that such consent has not been obtained, but no further proceedings shall be taken until such consent has been obtained. (As amended by No. 26 of 1960 and S.I. No. 66 of 1965) 33. Any books, accounts, writings, banners, seals, insignia, firearms or Forfeiture other weapons which belong to an unlawful society or which are, with the consent and permission of the true owner thereof, in the possession, order or control of such society shall be forfeited and given to the Registrar for disposal in such manner as he may think fit. (As amended by No. 26 of 1960) 34. (1) Every statutory society shall have a registered office and postal Registered address to which all communications and notices sent under or for the office purposes of this Act may be addressed.

(2) Notice of the situation of the registered office of a society and of any change thereof or of the postal address of the society shall be given to the Registrar and shall be registered by him. (3) If any statutory society(a) operates without having a registered office, or without giving notice of the situation of such office as hereinbefore required; or (b) operates at any place to which its registered office may have been removed without having given notice of the change in situation thereof to the Registrar; or (c) fails to give notice to the Registrar of any change in its postal address; then such society and every office-bearer thereof shall be guilty of an offence and shall be liable to a fine not exceeding thirty penalty units for every day during which such society so operates or fails to give notice. (As amended by Act No. 13 of 1994) Power to reject 35. (1) Where the Registrar is of opinion that doubt exists as to the qualifications or good faith of any person applying for the registration or information, exemption from registration of a society, or supplying information etc. under any of the provisions of this Act, he may order such person to show cause why such application or such information should be accepted from such person. (2) An order given under the provisions of subsection (1) shall specify the time, not being less than twenty-one days from the date of such order, within which the person concerned shall comply therewith. (3) Where any person ordered to show cause under the provisions of subsection (1) fails to comply with such order within the specified time or fails to satisfy the Registrar as to his qualifications or good faith, the Registrar may, subject to the confirmation of the Minister, refuse to accept the application or information concerned and may accept any application or information in the same matter made or given by any other person who, in the opinion of the Registrar, is entitled to make the same.

(No. 26 of 1960 as amended by G.N. No. 314 of 1964) 36. (1) Every order, notice, summons or other document issued under the provisions of this Act or any rule made thereunder shall be deemed to have been validly and effectively served on the person to whom it is addressed if it is personally served upon him, or is left with him, or is sent by prepaid registered post addressed to him at the registered office of the society with which he is concerned: Provided that, where it is not possible to effect service of any such document in any of the modes hereinbefore mentioned, service thereof shall be deemed to have been validly effected if such document is securely affixed to the door of the house or other building in which the person to whom such document is addressed is usually resident. (2) Every order, notice or other document issued under the provisions of this Act or any rule made thereunder shall be deemed to have been validly served on a society if it is sent by prepaid registered post addressed to the society at its registered office. (3) Any document served by being sent by registered post shall be deemed to have reached the person to whom or society to which it was addressed within seven days of posting unless the contrary is proved. (As amended by No. 26 of 1960) 37. Any person employed in carrying out the provisions of this Act Penalty for who publishes or communicates any information acquired by him in the unauthorised course of such employment to any other person, otherwise than in disclosure accordance with the provisions of this Act or without the written authority of the Permanent Secretary, shall be guilty of an offence and liable to a fine not exceeding three thousand penalty units or to imprisonment for a period not exceeding one month, or to both. (As amended by G.N. No. 314 of 1964 and Act No. 13 of 1994) 38. (1) The Minister may, by statutory instrument, make rules generally Rules for the better carrying into effect of the provisions of this Act, and, in particular, and without prejudice to the generality of the foregoing, may make rules for the purposes following or any of them: Service of summons, etc.

(a) prescribing the manner of exemption and registration of societies under this Act; (b) regulating or restricting changes of name or objects of statutory societies; (c) prescribing the forms which may be used for carrying out the provisions of this Act; (d) for securing the submission to the Registrar of accounts relating to the assets and liabilities, income and expenditure of registered societies in such form and at such time or times and in respect of such period or periods as may be prescribed; (e) prescribing the fees to be payable in respect of anything to be done under the provisions of this Act; (f) for securing the submission to the Registrar of annual or other periodical returns relating to the constitution, objects, membership and management of statutory societies in such form as may be prescribed; (g) prescribing anything to be prescribed under the provisions of this Act. (2) The Minister may, in making a rule under the provisions of this section, prescribe for any breach thereof a fine not exceeding seven thousand five hundred penalty units or a term of imprisonment not exceeding one year, or both, and for a continuing breach thereof a fine not exceeding one hundred and fifty penalty units in respect of each day on which such breach continues. (As amended by G.N. No. 314 of 1964 and Act No. 13 of 1994)
SUBSIDIARY LEGISLATION

SOCIETIES

CAP. 119

SECTION 2-THE SOCIETIES (APPLICATION) ORDER Government Notices Order by the Minister
147 of 1958 140 of 1964 121 of 1983

1. This Order may be cited as the Societies (Application) Order. 2. The associations of persons described in the Schedule are hereby declared not to be societies for the purposes of the Act.

Title Declaration

SCHEDULE
(Paragraph 2) SOCIETIES DECLARED NOT TO BE SOCIETIES FOR THE PURPOSES OF THE OCIETIES ACT 1. All schools registered or established under the provisions of the Education Act, which are intended to provide or further a general, vocational, or technical education. 2. All statutory education authorities, advisory boards, school councils or committees and all committees appointed for educational purposes(a) by the Permanent Secretary to the Ministry of Education either before or after the 1st January, 1964; or (b) by the Secretary to the former Federal Ministry of Education before the 1st January, 1964. 3. All societies within any school aforesaid which have been approved by the principal or head-teacher of such school and have not been disapproved(a) by the Permanent Secretary to the Ministry of Education either before or after the 1st January, 1964; or (b) by the Secretary to the former Federal Ministry of Education before the 1st January, 1964. (As amended by No. 140 of 1964) CAP. 134

SECTION 2-THE SOCIETIES (NON-APPLICATION TO CLUBS) ORDER Order by the Minister

Statutory Instrument 121 of 1983

1. This Order may be cited as the Societies (Non-Application to Clubs) Title Order. 2. A club registered under the Clubs Registration Act is hereby declared not to be a society for the purposes of this Act. SECTION 30-APPLICATION Declarations by the Minister
Non-application of Act to Clubs. Cap. 162 Government Notices 83 of 1959 84 of 1959 497 of 1964 Statutory Instrument 197 of 1972

It is hereby declared that the provisions of subsections (1) and (2) of section thirty of the Act shall apply to the Northern, Luapula, Copperbelt, Eastern, Central, Southern, North-Western and Western Provinces of Zambia.

THE SOCIETIES RULES[ARRANGEMENT OF RULES]

Rule 1. 2. 3. 4. 5. 6. 7. Title Interpretation Books of account to be kept by registered societies Register of members to be kept by registered societies Application for registration or exemption Issue of Certificate of Registration Issue of Certificate of Exemption

8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22.

Notice of refusal to register Notice of rescission of exemption Notice of cancellation of registration Notice of change of constitution of society Notice of change in constitution of society Notice of alteration of objects of society Notice of change of address of society Notice of change of office-bearers Annual returns Amendment of particulars in register Appeals Furnishing of additional information and documents Signing of returns, etc. Penalties Prescribed fees

FIRST SCHEDULE-Prescribed forms SECOND SCHEDULE-Prescribed fees SECTION 38-THE SOCIETIES RULES Rules by the Minister
Government Notices 119 of 1958 328 of 1958 307 of 1962 314 of 1964 497 of 1964 Statutory Instruments 295 of 1969 6 of1972 110 of 1982 11 of 1992 ActNo. 13 of 1994

1. These Rules may be cited as the Societies Rules.

Title

2.

In these Rules, unless the context otherwise requires-

Interpretation

"the register" means the register of societies to be kept by the Registrar under section ten (1) of the Act. 3. (1) Every registered society which receives money from any source, Books of account whether by way of subscription, donation or otherwise, shall keep one or to be kept by registered societies more books of account in which shall be entered details of all moneys received and payments made by the society. (2) Every office-bearer and every person managing or assisting in the management in Zambia of a registered society in respect of which the provisions of this rule are not complied with shall be guilty of an offence against these Rules and shall be liable on conviction to a fine not exceeding six thousand penalty units or to imprisonment not ex-ceeding one year, or to both, unless he establishes to the satisfaction of the court that he exercised due diligence and that the failure by the society to compy with this rule was due to reasons beyond his control. (As amended by Act No. 13 of 1994) 4. Every registered society shall keep a register of its members in which shall be entered(a) (b) (c) the full name and address of each member; the date on which each member was admitted to membership; the date on which each member ceases to be a member.
Application for registration or exemption Register of members to be kept by registered societies

5. (1) Every application for registration or for exemption from registration of any society shall-

(a) be made in quadruplicate in the form set out as Form S.O.I in the First Schedule; (b) be signed by all office-bearers of the society in the presence of the Registrar of the district in which the society has its registered office; (c) be sent to the Registrar of the district in which the society has its registered office;

(d) be accompanied by three copies of the constitution and rules of the society; (e) be accompanied by a remittance for thirteen fee units.

(As amended by No. 110 of 1982 and Act No. 13 of 1994) (2) The remittance referred to in paragraph (e) of sub-rule (1) shall not be returnable to the society whether or not such society is granted, or exempted from, registration. (3) Where the constitution or rules of the society were not made in the English language, there shall be attached to the application three copies of a translation of the said constitution or rules into the English language, in addition to the three copies of the said constitution or rules in the language in which they were made. (As amended by No. 295 of 1969 and No. 6 of 1972)
Issue of Certificate 6. On the registration of any society, the Registrar shall issue to the society a Certificate of Registration in the form set out as Form S.O.2 in of Registration the First Schedule.

7. On granting any society exemption from registration, the Registrar Issue of Certificate shall issue to the society a Certificate of Exemption in the form set out as of Exemption Form S.O.3 in the First Schedule. 8. Where the Registrar refuses to register a society, he shall send to the Notice of refusal to society notification of his refusal in the form set out as Form S.O.4 in the register First Schedule.
Notice of 9. Where under the provisions of section twelve (1) of the Act the rescission of Registrar rescinds any exemption from registration granted to any society, he shall give notice to the society of such rescission in the form exemption set out as Form S.O.5 in the First Schedule.

10. Where under section thirteen (2) of the Act the Registrar cancels Notice of the registration of any society, he shall give notice to the society of such cancellation of registration cancellation in the form set out as Form S.O.6 in the First Schedule.

Notice of change of 11. Every registered or exempted society which changes its name in accordance with section seventeen (1) (a) or eighteen (1) of the Act shall name of society notify the Registrar of the change in the form set out as Form S.O.7 in the First Schedule.

12. Every registered society which changes any of the provisions of its Notice of change in constitution or rules shall notify the Registrar in the form set out as Form constitution of society S.O.7 in the First Schedule. 13. Every registered and exempted society which adds to or decreases Notice of alteration or otherwise varies its objects shall notify the Registrar in the form set of objects of society out as Form S.O.7 in the First Schedule. 14. Where any registered or exempted society changes the situation of Notice of change of address of society its registered office or changes its postal address, it shall, within fourteen days, send to the Registrar notice thereof on one of the forms set out as Form S.O.7 in the First Schedule, whichever may be appropriate. 15. (1) Where any office-bearer of a registered society ceases to hold office or any person is appointed to be an office-bearer of a registered society, such registered society shall, within fourteen days, send to the Registrar notice thereof in the form set out as Form S.O.8 in the First Schedule. (2) If any registered society fails to comply with the provisions of this rule, then such society and every office-bearer thereof shall be guilty of an offence and shall be liable to a fine not exceeding three thousand penalty units (As amended by Act No. 13 of 1994)
Annual returns 16. (1) Not later than the 31st March in each year every registered society shall furnish to the Registrar an annual return in the form set out as Form S.O.9 in the First Schedule. Notice of change of office-bearers

(2) It shall be the duty of every office-bearer of the society to ensure that such annual return is duly furnished to the Registrar.

17. (1) On being notified of any change of name in accordance with rule 11 or upon receiving notification of any change in a statutory society's registered office or postal address under rule 14, the Registrar shall amend the particulars concerning the said society entered in the register. (2) Where the name of a society is changed, the Registrar shall issue a fresh Certificate of Registration or Exemption, as the case may be, on the original certificate being surrendered to him. (3) The Registrar shall also make such other amendments to the particulars concerning a society entered in the register as may be necessitated by information provided under rules 16 and 19.

Amendment of particulars in register

18. Any appeal to the Minister under section sixteen of the Act and any Appeals application for an extension of time within which to lodge such an appeal shall(a) and be in writing signed by two of the office-bearers of the society;

(b) set out the grounds upon which the appeal or application is based; and (c) be sent to the Permanent Secretary. (As amended by No. 314 of 1964) 19. (1) In addition to the documents and information specifically mentioned in section nineteen (1) of the Act, the Registrar may order any registered society to furnish him within a time to be specified, such time not being less than twenty-one days, all or any of the following: (a) information on any of the matter contained in Forms S.O.1 or S.O.9 of the First Schedule; (b) information as to the property, movable or immovable, and the financial position of the society; (c) a balance sheet of the last or any specified year's working of the society; and
Furnishing of additional information and documents

(d) a list of the names of members and office-bearers of any committee or governing or executive body of such society. (2) The Registrar may also order the society to produce for his inspection within a time to be specified, such time not being less than twenty-one days, all or any of the following: (a) all or any of the books of account of the society;

(b) any minutes or written records of the proceedings of the society or of any committee or governing or executive body thereof; (c) the documents of title to any property held by the society; and

(d) the register of members of the society kept in accordance with rule 4. (3) Where the Registrar requires the production of any such books of account or minutes or written records and these are not produced within the time specified in such requirement, such registered society shall be deemed to be in breach of the provisions of this rule. (4) Every office-bearer and every person managing or assisting in the management in Zambia of a registered society which is in breach of the provisions of this rule and who has been served with such order shall be guilty of an offence against these Rules and shall be liable on conviction to a fine not exceeding three thousand penalty units, unless he establishes to the satisfaction of the court that he exercised due diligence and that the failure of the society to comply with this rule was due to reasons beyond his control. (As amended by Act No. 13 of 1994) 20. All information and every notification or return required by the Registrar or by the provisions of the Act or these Rules shall be signed by two office-bearers. 21. Where in these Rules no penalty is provided for the breach of a rule, every office-bearer and every person managing or assisting in the
Signing of returns, etc.

Penalties

management in Zambia of a society shall be liable to a fine not exceeding three thousand penalty units or to imprisonment for a period not exceeding six months, and for a continuing breach to a fine not exceeding one hundred and fifty penalty units in respect of each day on which such breach continues. (As amended by Act No. 13 of 1994) 22. The fees set out in the third column of the Second Schedule shall be Prescribed fees charged for the several matters set out opposite thereto in the second column of that Schedule.

PRESCRIBED FORMS
FORM S.O.1

REPUBLIC OF ZAMBIA THE SOCIETIES RULES APPLICATION FOR REGISTRATION OR EXEMPTION FROM REGISTRA
To The Registrar of Societies: The (name of Society) Branch, hereby applies for registration/exemption from registration*. The following are particulars of the Society: (a) Name of Society....................................................................................................................................... (b) Office bearers: Full Names Designation (BLOCK CAPITALS) Occupation ................... ............................ .................. ................... ............................ .................. ................... ............................ .................. ................... ............................ .................. ................... ............................ .................. ................... ............................ .................. ................... ............................ .................. Nationality ................... ................... ................... ................... ................... ................... ................... Residential Address ............................ ............................ ............................ ............................ ............................ ............................ ............................

Posta .......... .......... .......... .......... .......... .......... ..........

(c) Situation of registered office.................................................................................................................... (d) Postal address........................................................................................................................................... (e) Objects of the Society .............................................................................................................................. .................................................................................................................................................................. .................................................................................................................................................................. .................................................................................................................................................................. .................................................................................................................................................................. .................................................................................................................................................................. * Delete as applicable.

(f) The name of each organisation or group of a political nature established outside the Republic of which to or connected with.............................................................................................................................................

...................................................................................................................................................................... ...................................................................................................................................................................... ...................................................................................................................................................................... (g) The class or classes of persons to whom membership of the Society is restricted ................................. ...................................................................................................................................................................... ...................................................................................................................................................................... (h) The present number of members ............................................................................................................. (i) The immovable property owned by the Society and the manner in which such property is held or vested .................................................................................................................................................................... ....... .................................................................................................................................................................... ....... .................................................................................................................................................................... ....... .................................................................................................................................................................... ....... .................................................................................................................................................................... ....... (j) The date of commencement of the Society's financial year Signed............................................. Signed............................................. Signed............................................. Signed............................................. NOTE.-This application must be completed in QUADRUPLICATE and signed in the presence of a Registrar accompanied by three copies of the constitution and/or rules of the Society, together with three copies of Eng not in the English language: Provided that where an office-bearer is unable to present himself before a Registrar by reason of illness o should be accompanied by an affidavit to such effect.

FOR OFFICIAL USE ONLY Comments of Officer Commanding

Division, Zambia Police

Comments of District Secretary

(No. 6 of 1972)

FORM S.O.2
(Rule 6) REPUBLIC OF ZAMBIA THE SOCIETIES RULES CERTIFICATE OF REGISTRATION I HEREBY CERTIFY that.......................... .................................................... has this day been registered under section 7 (1) of the Societies Act. Dated at ................ .............. this ................................. day of ............................. 19........ Registrar of Societies __________

FORM S.O.3 (Rule 7) REPUBLIC OF ZAMBIA

THE SOCIETIES RULES CERTIFICATE OF EXEMPTION FROM REGISTRATION I HEREBY CERTIFY that ............................................................... ............................ has this day been exempted by me, with the approval of the Permanent Secretary, from registration under section 7 (2) (a) of the Societies Act. This exemption is liable to rescission at any time. Dated at ..................... ......... this ................................. day of ............................. 19........ Registrar of Societies (As amended by No. 314 of 1964) __________

FORM S.O.4 (Rule 8)

REPUBLIC OF ZAMBIA THE SOCIETIES RULES NOTIFICATION OF REFUSAL TO REGISTER A SOCIETY To ................. .............................. Branch of ........................................................... (name of society). I hereby give you notice that, in exercise of the powers conferred on me by section *8/9 of the Societies Act, I have this day refused to register you as a society under the said Act on the grounds that Any appeal to the Minister against this refusal must be delivered to the Permanent Secretary within twenty-one days. Dated at ......................... ..... this ................................. day of ............................. 19........ Registrar of Societies *Delete as applicable. NOTE.-Your attention is drawn to the definition of "unlawful society" in section 23 of the Societies Act, which is as follows: "23. (1) Every society, other than a statutory society, shall be deemed to be an unlawful society: Provided that a society in respect of which(i) an application for registration or exemption from registration has been duly and lawfully made under the provisions of section six and has not been refused; or (ii) an appeal has been lawfully made to the Minister under the provisions of section sixteen and remains undetermined; shall not be deemed to be an unlawful society pending such refusal or determination. (2) The Minister may, in his absolute discretion, where he considers it to be essential in the public interest, by order declare to be unlawful any statutory society which, in his opinion(a) is being used for any purpose prejudicial to, or incompatible with, the maintenance of peace, order and good government; or (b) is being used for any purpose at variance with its declared objects. (3) An order made under the provisions of subsection (2) shall operate immediately to

cancel the registration or rescind the exemption from registration, as the case may be, of the society concerned. (4) The Minister may at any time vary or revoke an order made under the provisions of subsection (2), but while any such order remains in force, the society in respect of which it was made shall not be entitled to apply for registration or for exemption from registration under this Act." (As amended by No. 314 of 1964) __________

FORM S.O.5 (Rule 9)

REPUBLIC OF ZAMBIA THE SOCIETIES RULES NOTIFICATION OF RESCISSION OF EXEMPTION To ....................................... ........... Branch of ............................................................ (name of society) I hereby give you notice that in accordance with section 12 (1) of the Societies Act, and with the approval of the Minister, I have this day rescinded your exemption from registration under the said Act. Dated at ........... ................... this ................................. day of ............................. 19........ Registrar of Societies NOTE.-1. Your attention is drawn to section 12 (3) of the Societies Act which requires that you surrender to me the certificate of exemption issued to you under the provisions of section 7 (3) of the said Act within twenty-one days of the receipt of this notification of rescission. 2. By virtue of section 12 (2) of the Societies Act you have twenty-one days from the date of this notification of rescission within which to apply for registration should you so desire. 3. Your attention is drawn to the definition of "unlawful society" in section 23 of the Societies Act, which is as follows: "23. (1) Every society, other than a statutory society, shall be deemed to be an unlawful society: Provided that a society in respect of which(i) an application for registration or exemption from registration has been duly and lawfully made under the provisions of section six and has not been refused; or (ii) an appeal has been lawfully made to the Minister under the provisions of section sixteen and remains undetermined; shall not be deemed to be an unlawful society pending such refusal or determination. (2) The Minister may, in his absolute discretion, where he considers it to be essential in the public interest, by order declare to be unlawful any statutory society which, in his opinion(a) is being used for any purpose prejudicial to, or incompatible with, the maintenance of peace, order and good government; or

(b) is being used for any purpose at variance with its declared objects. (3) An order made under the provisions of subsection (2) shall operate immediately to cancel the registration or rescind the exemption from registration, as the case may be, of the society concerned. (4) The Minister may at any time vary or revoke an order made under the provisions of subsection (2), but while any such order remains in force, the society in respect of which it was made shall not be entitled to apply for registration or for exemption from registration under this Act." (As amended by No. 314 of 1964) __________

FORM S.O.6 (Rule 10)

REPUBLIC OF ZAMBIA THE SOCIETIES RULES NOTIFICATION OF CANCELLATION OF REGISTRATION To ................................... ............... Branch of ..................................................... (name of society) I hereby give you notice that, in accordance with section 13 (2) of the Societies Act, I have this day cancelled your registration under the said Act on the grounds that Any appeal to the Minister against this cancellation must be delivered to the Permanent Secretary within twenty-one days. Dated at .............. ................ this ................................. day of ............................. 19........ Registrar of Societies NOTE.-Your attention is drawn to the definition of "unlawful society" in section 23 of the Societies Act, which is as follows: "23. (1) Every society, other than a statutory society, shall be deemed to be an unlawful society: Provided that a society in respect of which(i) an application for registration or exemption from registration has been duly and lawfully made under the provisions of section six and has not been refused; or (ii) an appeal has been lawfully made to the Minister under the provisions of section sixteen and remains undetermined; shall not be deemed to be an unlawful society pending such refusal or determination. (2) The Minister may, in his absolute discretion, where he considers it to be essential in the public interest, by order declare to be unlawful any statutory society which, in his opinion(a) is being used for any purpose prejudicial to, or incompatible with the maintenance of peace, order and good government; or (b) is being used for any purpose at variance with its declared objects. (3) An order made under the provisions of subsection (20 shall operate immediately to cancel the registration or rescind the exemption from registration, as the case may be, of the society concerned. (4) The Minister may at any time vary or revoke an order made under the provisions of subsection (2), but while any such order remains in force, the society in respect of which

it was made shall not be entitled to apply for registration or for exemption from registration under this Act." (As amended by No. 314 of 1964) __________

FORM S.O.7 (Rules 11 to 14)

REPUBLIC OF ZAMBIA THE SOCIETIES RULES NOTICE OF CHANGE OF A SOCIETY'S NAME OR REGISTERED OFFICE OR POSTAL ADDRESS, OR CHANGE OF CONSTITUTION OR RULES, OR VARIATION OF OBJECTS To the Registrar of Societies: *A. Notice is hereby given that the Society formerly named

has changed its name to The reason for this change is

Date ............................ .......... Signed .................................. Designation ............................. *B. Notice is hereby given that (name of Society) has changed its constitution/rules/varied its objects. The changes made and the reasons therefor are set out in the attached memorandum. Date ............................ .......... Signed .................................. Designation ............................. Signed .................................. Designation ............................. *C. Notice is hereby given that (name of Society).......................................................... has changed the situation of its registered office/postal address* from

to Date ................ ...................... Signed .................................. Designation ............................. Signed .................................. Designation .............................

* Delete as applicable. NOTE.-This form and any accompanying memorandum must be submitted in QUADRUPLICATE and signed by two office-bearers.

FOR OFFICIAL USE ONLY Comments of Officer Commanding Division, Zambia Police.

Comments of District Secretary

(No. 295 of 1969)

FORM S.O.8 (Rule 15) REPUBLIC OF ZAMBIA

THE SOCIETIES RULES NOTICE OF CHANGE OF OFFICE-BEARERS To the Registrar of Societies: The (name of Society) 1. Branch The following persons have ceased to be office-bearers of the above Society: Full Names (BLOCK CAPITALS) Designation ............................................................. ............................................................. ............................................................. ............................................................. ............................................................. ............................................................. ............................................................. ............................................................. ............................................................. .............................................................

Da ............... ............... ............... ............... ...............

2. The following are the present office-bearers of the above Society: Full Names Designation (BLOCK CAPITALS) Occupation Nationality ........................................ ................................ .......................... .......................... ........................................ ................................ .......................... .......................... ........................................ ................................ .......................... .......................... ........................................ ................................ .......................... .......................... ........................................ ................................ .......................... .......................... ........................................ ................................ .......................... ..........................

Residential Address ................................ ................................ ................................ ................................ ................................ ................................

Date ................................................................... ............................................................................

Signed ................................................................ Signed ................................................................

Design Design

NOTES: (a) The definition of "office-bearer" in the Societies Act is: '"office-bearer', in relation to any society executive body of a society, means any person who is the president, vice-president, chairman, dep such society, committee or body, or who holds therein any office or position analogous to any of t (b) This form must be submitted in QUADRUPLICATE and signed by two office-bearers.

FOR OFFICIAL USE ONLY

Comments of Officer Commanding

Division, Zambia Police

Comments of District Secretary

(No. 295 of 1969)

FORM S.O.9 (Rule 16)

REPUBLIC OF ZAMBIA THE SOCIETIES RULES ANNUAL RETURN The (name of Society)

Date of last annual general meeting ..................................................... Present number of members of the S Office-bearers for the current year:

Full Names Designation (BLOCK CAPITALS) Occupation Nationality Residential Address ........................................ ................................ .......................... .......................... ................................ ........................................ ................................ .......................... .......................... ................................ ........................................ ................................ .......................... .......................... ................................ ........................................ ................................ .......................... .......................... ................................ ........................................ ................................ .......................... .......................... ................................ ........................................ ................................ .......................... .......................... ................................ Have there been, since the date of application for registration or exemption from registration or the date of later date, any changes in (answer Yes or No against item in question). (a) the name of the Society .................................................................. (b) the objects of the Society ...............................................................

(e) the titles of the office-bear

(f) the immovable property ow

(c) the organisations or groups of a political nature established outside the Republic ................................. (g) the date of commencement of the financial or business year of the Society

of which the Society is a branch or to which it is affiliated or with which it is....................................... ......................................................................................................... connected ........................................................................................ (d) the class or classes of persons to whom membership is restricted ......................................................................................................... .........................................................................................................

(h) the constitution or rules of (i) the postal address of the S

(j) the situation of the register ..........................................

If so, set out details of changes (attach separate memorandum if necessary) ...................................................................................................................................................................... ...................................................................................................................................................................... ...................................................................................................................................................................... ...................................................................................................................................................................... ......................................................................................................................................................................

...................................................................................................................................................................... ...................................................................................................................................................................... Date ................................................................... Signed ................................................................ Design Signed ................................................................ Design NOTE.-This form must be submitted in TRIPLICATE and signed by two office-bearers. (No. 295 of 1969)

SECOND SCHEDULE
(Rule 22)

PRESCRIBED FEES
Fee units 1. On application under section six and subsection (2) of section twelve of the Societies Act for registration or exemption from registration 2. Search and examination of the registers of registered societies and of societies exempted from registration 3. Copy of extract from any document in the custody of the Registrar, per folio of 100 words 4. Certified true copy of extract from any document in the custody of the Registrar, per folio of 100 words (As amended by S.I. No. 25 of 1994 and Act No. 13 of 1994)

100 50 50 50

CHAPTER 120 THE REFUGEES (CONTROL) ACT

ARRANGEMENT OF SECTIONS

Section 1. 2. 3. 4. 5. 6. Short title Interpretation Declaration of refugees Reception areas and refugee settlements Places of entry or departure Registration of refugees and identity cards

7. Restriction on possession of firearms, weapons, etc., by refugees 8. Detention and slaughter of animals

9. 10. 11. 12. 13. 14. 15. 16. 17. 18.

Use of vehicles Deportation of refugees Permits to remain in Zambia Requirement to reside in reception area or refugee settlement Control of refugee settlements Restrictions relating to refugee settlements Offences and penalties Arrest and use of force Protection of officers Manner of publishing rules, orders, etc.
40 of 1970

CHAPTER 120 REFUGEES (CONTROL)

An Act to make provision for the control of refugees; and to provide for matters incidental thereto. [4th September, 1970] 1. This Act may be cited as the Refugees (Control) Act.
Short title

2. In this Act, unless the context otherwise requires"authorised" means authorised by the Minister; "authorised officer" means the Commissioner and includes a refugee officer, an authorised police officer, an authorised officer of the Zambia Prisons Service or of the Defence Force, and any public officer for the time being designated by the Minister as an authorised officer; "Commissioner" means the person for the time being holding or acting in the public office of Commissioner for Refugees; "prescribed" means prescribed by the Minister; "reception area" means an area declared as such under section four;

Interpretation

"refugee" means a person belonging to a class of persons to whom a declaration under section three applies; "refugee officer" means any person for the time being holding or acting in the public office of refugee officer; "refugee settlement" means a refugee settlement established under section four.
Declaration of 3. (1) Subject to the provisions of subsection (2), the Minister may declare, by statutory order, any class of persons who are, or prior to their refugees entry into Zambia were, ordinarily resident outside Zambia to be refugees for the purposes of this Act.

(2) A declaration under subsection (1) shall not apply to(a) (b) a citizen of Zambia; any person entitled in Zambia to diplomatic immunity;

(c) any person in the employment of any state, government or local Cap. 20 authority outside Zambia, or of any organisation to which section four of the Diplomatic Immunities and Privileges Act applies, who enters Zambia in the course of his duties; (d) any member of a class of persons declared by the Minister, by statutory order, not to be refugees for the purposes of this Act. (3) If any question arises in any proceedings, or with reference to anything done or proposed to be done, under this Act as to whether any person is a refugee or not, or is a refugee of a particular category or not, the onus of proving that such person is not a refugee or, as the case may be, is not a refugee of a particular category, shall lie upon that person. 4. (1) The Minister may declare any part of Zambia to be an area for the Reception areas and refugee reception or residence of any refugees or category thereof.
settlements

(2) The Minister may establish in any reception area a refugee

settlement for refugees or any category thereof, and may appoint a refugee officer to be in charge of such settlement. 5. (1) The Minister may, by order in writingPlaces of entry or departure

(a) direct that any refugee entering or leaving Zambia shall enter or leave by specified routes or at specified places; (b) direct that any refugee moving from one part of Zambia to another shall move by specified routes. (2) Orders made under this section may be subject to such terms and conditions as the Minister may think fit. (3) Any refugee who contravenes an order under this section or the terms or conditions thereof shall be guilty of an offence against this Act.
Registration of 6. (1) Every refugee shall, within such period as may be prescribed, present himself for registration under this section in such manner and to refugees and identity cards such authority as may be prescribed.

(2) Every refugee shall, upon registration under this section, be issued with an identity card in such form and containing such particulars as may be prescribed, and shall keep such identity card in his possession at all times while in Zambia. (3) The Minister shall cause registers to be kept for the purposes of this section in such form as the Minister may from time to time determine. (4) Any refugee who contravenes any of the provisions of this section shall be guilty of an offence against this Act. 7. (1) No refugee shall, while in Zambia, acquire or be in possession of Restriction on possession of any firearm or ammunition.

firearms, weapons, etc., by refugees

(2) A refugee who brings any firearm or ammunition into Zambia shall

immediately surrender such firearm or ammunition to an authorised officer. (3) The Minister may, by order in writing, direct that any refugee shall, within such time as may be specified in the order, surrender to an authorised officer any weapon, or any instrument or tool so specified which is capable of being used as a weapon and which is in or comes into his possession, unless the possessor thereof has written authority to retain the same signed by an authorised officer. (4) Any refugee who(a) contravenes the provisions of subsection (1);

(b) fails to surrender any firearm, ammunition, weapon, instrument or tool in accordance with this section or any order made hereunder; shall be guilty of an offence and shall be liable on conviction to imprisonment for a period not exceeding two years.
Cap. 110 (5) In this section, "firearm" and "ammunition" have the meanings respectively assigned thereto in the Firearms Act, but, save as aforesaid, nothing in that Act shall apply in relation to a refugee.

8. (1) The Minister may, by order, direct that any animal imported from Detention and slaughter of outside Zambia by any refugee shall be kept in such place as he may animals direct or, if it appears to the Minister necessary or expedient in the interests of the health of persons or animals, that any such imported animal shall be slaughtered or otherwise disposed of. (2) Where an animal imported by a refugee is sold, or is slaughtered and the meat or carcass thereof sold, in pursuance of a direction under subsection (1), the proceeds of the sale less the expenses of the sale shall be paid to such refugee: Provided that where in any case it is not reasonably practicable to make payment as aforesaid, such proceeds shall be paid into a fund which shall be used for the benefit of refugees. (3) Any person who obstructs the carrying out of any direction given

under this section shall be guilty of an offence against this Act.

Use of vehicles 9. (1) No vehicle in which a refugee enters Zambia, or which is acquired by or comes into the possession of a refugee while in Zambia, shall be used in Zambia by such refugee save with the permission in writing of an authorised officer or otherwise than in accordance with the terms of such permission.

(2) It shall be a condition for the granting of permission under this section for the use of a vehicle that an authorised officer may, for so long as may be necessary for the purpose of providing transport for refugees or of moving any stores or equipment for the use of refugees, take possession of such vehicle at any time and may authorise its use by any person for any of the said purposes. 10. (1) The Minister may at any time order any refugee to return by such means or route as he shall direct to the territory from which he entered Zambia. (2) A court convicting any refugee of an offence under the provisions of this section may order the deportation of such refugee to the territory from which he entered Zambia. (3) Where any person is ordered to return to the territory from which he entered Zambia or to be deported under subsection (1) or (2), he may be held in custody and deported in accordance with such order. (4) No order shall be made under subsection (1) or (2) in respect of a refugee if the Minister or the court, as the case may be, is of the opinion that such refugee may be tried, or detained or restricted or punished without trial, for an offence of a political character after arrival in the territory from which he came or is likely to be the subject of physical attack in such territory. (5) Any refugee who fails to comply with an order made under subsection (1) shall be guilty of an offence against this Act. (6) Where an order is made under this section in respect of a refugee who has been present in Zambia for a continuous period of not less than
Deportation of refugees

three months immediately prior to the making of the order, the authority making the order shall inform the refugee, or cause him to be informed, that he may make representations against his deportation on the grounds that he is in danger of being tried, or detained or restricted or punished without trial, for an offence of a political character after arrival in the territory from which he came or is in danger of physical attack in such territory. A refugee to whom this subsection applies who wishes to make such representations shall make them forthwith to the person by whom he is so informed and that person shall reduce such representations to writing and forward them to the Minister; and the Minister shall consider the same and determine whether or not the refugee shall be deported in accordance with the order in that behalf or whether that order shall be revoked and, where the Minister determines that the order shall be revoked, he shall have the power to revoke the same. Pending the determination of the Minister on any such representations, the order for the deportation of the refugee shall be suspended. 11. (1) No refugee shall remain in ZambiaPermits to remain in Zambia

(a) unless within seven days of his entering Zambia he is issued with a permit to remain by an authorised officer; (b) unless he complies with the terms or conditions from time to time annexed to such permit by an authorised officer. (2) An authorised officer shall not refuse a refugee a permit under this section if the officer has reason to believe that the refusal of a permit will necessitate the return of the refugee to the territory from which he entered Zambia and that the refugee may be tried, or detained or restricted or punished without trial, for an offence of a political character after arrival in that territory or is likely to be the subject of physical attack in that territory; but, save as aforesaid, such authorised officer may in his discretion and without assigning any reason refuse to issue a permit. (3) If a refugee fails to obtain or is refused a permit in accordance with this section, his presence in Zambia shall be unlawful. 12. (1) The Minister mayRequirement to reside in reception area or refugee

settlement

(a) by order, require any refugee to reside within a reception area or refugee settlement; (b) require any refugee who is within a reception area or refugee settlement to remove to and reside in some other place, being a reception area or refugee settlement. (2) Any refugee to whom an order made under this section applies who(a) fails to take steps forthwith to comply with such order; or

(b) fails to move to or take up residence in a reception area or refugee settlement in accordance with such order with reasonable despatch; or (c) having arrived at a reception area or a refugee settlement in pursuance of such order, leaves or attempts to leave such area or settlement except in pursuance of some other order made under this section; shall, unless he is in possession of a permit issued in that behalf under subsection (3), be guilty of an offence against this Act. (3) An authorised officer may issue a permit to any refugee to whom an order made under subsection (1) applies, authorising him(a) to reside in a reception area elsewhere than in the refugee settlement to which such order refers; (b) to leave a reception area in which he has been required to reside.

(4) An authorised officer may issue a permit under this section subject to such terms and conditions as he thinks fit, and, without prejudice to the generality of the foregoing, he may, where he issues a permit under paragraph (b) of subsection (3), specify the destination to which and the route by which such refugee may proceed. (5) Any refugee to whom a permit has been issued under this section

who fails to comply with the terms and conditions thereof shall be guilty of an offence against this Act. 13. (1) The Minister may make rules, and the Commissioner may issue Control of refugee settlements directions not inconsistent with such rules, for the control of refugee settlements and, without prejudice to the generality of the foregoing, such rules and directions may make provision in respect of all or any of the following matters: (a) the organisation, safety, discipline and administration of such settlements; (b) (c) the reception, treatment, health and well-being of refugees; the powers of refugee officers in respect of such settlements.

(2) A refugee officer may give such orders or directions, either orally or in writing, to any refugee as may be necessary or expedient for the following purposes, that is to say: (a) to ensure that any refugee settlement is administered in an orderly and efficient manner; (b) to ensure the performance of any work or duty necessary for the maintenance of essential services in any refugee settlement or for the general welfare of the refugees therein; (c) to ensure that all proper precautions are taken to preserve the health and well-being of the refugees therein; (d) to preserve orderly conduct and discipline in any refugee settlement. (3) Any refugee who(a) without a permit in that behalf issued under section twelve, leaves or attempts to leave a refugee settlement in which he has been ordered to reside; or

(b) in a refugee settlement disobeys any rules made by the Minister, any direction of the Commissioner or any order or direction of a refugee officer, made or given under this section; or (c) in a refugee settlement conducts himself in a manner prejudicial to good order and discipline; shall be guilty of an offence against this Act. 14. (1) No person other than a refugee required to reside or residing in, Restrictions relating to refugee or a person employed in, a refugee settlement, shall enter or be within settlements such settlement except with the general or special permission of the Minister, the Commissioner or a refugee officer. (2) No person other than the Commissioner or a refugee officer may in a refugee settlement address an assembly or meeting of more than ten refugees, whether or not such meeting is held in a public place. (3) Any person who contravenes the provisions of this section shall be guilty of an offence against this Act. 15. (1) Any refugee who fails to obey any lawful order of the Commissioner or a refugee officer or who obstructs an authorised officer in the exercise of his powers under this Act shall be guilty of an offence and shall be liable on conviction to imprisonment for a period not exceeding three months. (2) Any person who is guilty of an offence against this Act for which no penalty is specifically provided shall be liable on conviction to imprisonment for a period not exceeding three months. 16. (1) An authorised officer may arrest without warrant any refugee reasonably suspected by the authorised officer of having committed or attempted to commit an offence against this Act. (2) An authorised officer and any person acting with the authority of an authorised officer may use such force, including the use of firearms, as may be reasonably necessary to compel any refugee to comply with any order or direction made or given under this Act in relation to such refugee.
Arrest and use of force Offences and penalties

17. No act or thing done or omitted to be done by any authorised officer or other person shall, if the act or omission was done or omitted bona fide while acting in the execution of his duty under this Act, subject him personally to any liability, action, claim or demand whatsoever.

Protection of officers

18. (1) Save as provided in this section or any other law, rules, orders or Manner of publishing rules, directions under this Act may be published in such manner as the orders, etc. authority making the same considers appropriate in order to bring the same to the notice of the persons to whom they apply or who are affected thereby, and shall not be required to be published in the Gazette. (2) Any order or direction made or given under this Act which is applied or directed to a particular person shall, if in writing, be served on, or if not in writing, be given to, that person personally. (3) Every declaration under section three shall be published in the Gazette.
SUBSIDIARY LEGISLATION

REFUGEES (CONTROL) SECTION 3-THE REFUGEES (CONTROL) (DECLARATION OF REFUGEES) ORDER Order by the Minister 1. This Order may be cited as the Refugees (Control) (Declaration of Refugees) Order.

CAP. 120
Statutory Instrument 240 of 1971

Title

2. Persons who are, or prior to their entry into Zambia were, ordinarily Declaration of resident outside Zambia and who have sought asylum in Zambia owing refugees to well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion are declared to be refugees for the purposes of the Act.

SECTION 4 (1)-THE REFUGEES (CONTROL) Statutory Instrument (DECLARATION OF RECEPTION AREAS) ORDER Order by the Minister 1. This Order may be cited as the Refugees (Control) (Declaration of Reception Areas) Order. 2. Each area described in the Schedule is hereby declared a reception area for the purposes of the Act.

132 of 1971

Title

Declaration of reception areas

SCHEDULE
(Paragraph 2)

NYIMBA RECEPTION AREA

That piece of land, rectangular in shape, bounded in the east by the Great East Road, in the west by Nyimba Hospital, and situated at Nyimba, in the Petauke District of the Eastern Province of the Republic of Zambia.

MAYUKWAYUKWA RECEPTION AREA

That piece of land, about 40 kilometers west of Mangango Mission Station, situated at the confluence of the Luena and Luampa Rivers, in the Kaoma District of the Western Province of the Republic of Zambia.

LWATEMBO RECEPTION AREA

That piece of land, about 20 kilometers east of the Zambezi Boma and 3 kilometers north of the M8 road, in the Zambezi District of the North-Western Province of the Republic of Zambia.

MEHEBA RECEPTION AREA

That piece of land, about 70 kilometers west of Solwezi Boma,

rectangular in shape, bounded in the west by the Meheba River, in the north by Protected Forest Area No. 105: Acres, in the south and south-east by the Mwafwe River, with an area of approximately 580 square kilometers, in the Solwezi District of the North-Western Province of the Republic of Zambia. SECTION 4 (2)-THE REFUGEES (CONTROL) (DECLARATION OF RECEPTION AREAS) ORDER Order by the Minister 1. This Order may be cited as the Refugee (Control) (Establishment of Title Refugee Settlements) Order. 2. Each reception area described in the Schedule is hereby established Establishment of refugee settlements as a refugee settlement.
Statutory Instrument 133 of 1971

SCHEDULE
(Paragraph 2)

NYIMBA REFUGEE SETTLEMENT

That piece of land, rectangular in shape, bounded in the east by the Great East Road, in the west by Nyimba Hospital, and situated at Nyimba, in the Petauke District of the Eastern Province of the Republic of Zambia.

MAYUKWAYUKWA REFUGEE SETTLEMENT

That piece of land, about 40 kilometres west of Mangango Mission Station, situated at the confluence of the Luena and Luampa Rivers, in the Kaoma District of the Western Province of the Republic of Zambia.

LWATEMBO REFUGEE

SETTLEMENT
That piece of land, about 20 kilometres east of the Zambezi Boma and 3 kilometres north of the M8 road, in the Zambezi District of the North-Western Province of the Republic of Zambia.

MEHEBA REFUGEE SETTLEMENT

That piece of land, about 70 kilometres west of Solwezi Boma, rectangular in shape' bounded in the west by the Meheba River, in the north by Protected Forest Area No. 105: Acres, in the south and south-east by the Mwafwe River, with an area of approximately 580 square kilometres, in the Solwezi Distrct of the North-Western Province of the Republic of Zambia. SECTION 4 (3)-THE REFUGEES (CONTROL) (DECLARATION OF RECEPTION AREAS) ORDER
Statutory Instrument No. 86 of 1987

Order by the Minister 1. This Order may be cited as the Refugee (Control) (Establishment of Title Refugee Settlements) Order.

2. Each reception area described in the Schedule is hereby established Establishment of Refugee as a refugee settlement.
Settlement

SCHEDULE
(Paragraph 2)

UCWIMI REFUGEE SETTLEMENT

That piece of land rectangular in shape bounded in the North by the Lusandwa River, on the East by the Kasangazi River and situated 62 kilometers from Petauke Bowa in the Petauke District of the Republic of Zambia.

REPUBLIC OF ZAMBIA
CHAPTER 121 THE ZAMBIA NATIONAL SERVICE ACT
ARRANGEMENTS OF SECTIONS

PART I PRELIMINARY Section 1. 2. Short title Interpretation

PART II ESTABLISHMENT SERVICE 3. OF THE ZAMBIA NATIONAL

Establishment of the Service

PART III MEMBERS, SERVICEMEN, ENLISTMENT, ETC. 4. 5. 6. 7. 8. Membership of the Service Servicemen Appointments to permanent staff Liability to be called up for the Service Appointment of Registrar of Service REGISTRATION,

9. 10. 11. notice

Rules relating to registration Registration Obligation of persons liable to report and service of enlistment

PART IV

POSTPONEMENT CERTIFICATE, NATIONAL SERVICE HARDSHIP COMMITTEE AND EXEMPTION 12. Postponement certificate

13. Appeals from determination of National Service Hardship Committee 14. 15. 16. Revocation of postponement certificate Provisions as to National Service Hardship Committees Exemption from liability

PART V SECONDMENT TO THE SERVICE Section 17. 18. 19. Seconded members Prolongation of engagement and secondment Discharge

PART VI UNITS, COMMANDANT SERVICE 20. 21. 22. 23. Units of the Service Appointment of Commandant Powers of Commandant Ranks and administration AND RANKS OF THE

PART VII

DUTIES AND EMPLOYMENT OF THE SERVICE 24. 25. 26. States Duties of Servicemen Employment of Servicemen in times of emergency President may send Servicemen to friendly neighbouring

PART VIII EMPLOYER'S OBLIGATIONS 27. Prohibition of dismissal of employees by reason of liability for service PART IX DISCIPLINE 28. Method of dealing with disciplinary matters

29. Offences against discipline by Servicemen below the rank of Commandant 30. 31. 32. 33. 34. 35. 36. 37. Procedure as to inquiries into disciplinary offences Disposition of serious offences Punishments Appeals Fines to be recovered by stoppage of allowance Suspension of Serviceman Servicemen subject to disciplinary code Active participation in trade union forbidden

PART X MISCELLANEOUS OFFENCES 38. 39. 40. Mutiny Desertion Absence from duty

41. 42. 43.

Persons causing disaffection, etc. Offences relating to arms, ammunition, accoutrements, etc. Power to prosecute under other written law not affected

PART XI ADVISORY COMMITTEE 44. Establishment of the Zambia National Service Advisory Committee PART XII FINANCE 45. Finance

46. Validation of acts done and contracts made before the establishment of the Service 47. Allowances

PART XIII PENSIONS AND GRATUTITIES 48. Pensions and gratuities

PART XIV MISCELLANEOUS PROVISIONS 49. 50. Member deemed to be a workman Regulations, rules and orders

PART XV DISSOLUTION OF ZAMBIA YOUTH SERVICE BOARD 51. 52. Interpretation Winding up of affairs of the Board

53. Vesting of lands and personal property in, and transfer of contractual and other rights and liabilities to, the Government 54. 55. Registration of property to be transferred by the Board Completion of acts

56. Terms of service of employees of the Board transferred to the Service 57. 58. Transitional provisions Repeal

FIRST SCHEDULE-Declaration SECOND SCHEDULE-Class of persons liable to be called up for the Service
CHAPTER 121

ZAMBIA NATIONAL SERVICE

35 of 1971 13 of 1994

An Act to make provision for the establishment, maintenance, government and discipline of the Zambia National Service; and to provide for matters incidental thereto or connected therewith. [21st January, 1972] PART I PRELIMINARY 1. This Act may be cited as the Zambia National Service Act.
Short title

2. In this Act, unless the context otherwise requires"appropriate authority" means the authority charged, in accordance with this Act, with responsibility for the matter in question: Provided that the reference to appropriate authority in section seventeen

Interpretation

and, in so far as it relates to persons seconded to the Service, in sections eighteen and nineteen, shall be construed as a reference to such appropriate authority aforesaid acting with the concurrence of such person having authority in or over that part of the civil or military service of the Republic from which such person is seconded as may be appointed by the President; "appropriate tribunal" means a commanding officer or a board consisting of not less than two senior officers appointed by the Commandant; "Assistant Commandant" means a senior Serviceman in charge of a Wing at the Headquarters of the Service; "citizen" means a citizen of Zambia; "Commandant" means the Commandant of the Zambia National Service appointed under the provisions of section twenty-one; "commanding officer" means a senior officer of the Service designated as such by rules made under section twenty-three; "Defence Force" means the Defence Force of Zambia referred to in section four of the Defence Act; "enlistment notice" means the enlistment notice provided for in section eleven; "local authority" means(a) (b) (c) (d) a city council; a municipal council; or a township council; or a district council:
Cap. 281 Cap. 106

"member", in relation to the Service, includes a Serviceman enlisted or engaged under section five or eleven, a person seconded to the Service in accordance with the provisions of section seventeen and a person

appointed to the permanent staff under section six;

Cap. 281 "city council", "municipal council", "district council" and "township council" have the meanings assigned thereto in section two of the Local Government Act;

"national service register" means the register required to be kept by the Commandant under the provisions of section eight; "postponement certificate" means a certificate which may be granted under the provisions of section twelve; "Registrar" means the person appointed under section eight to keep the national service register; "Regular Force" has the meaning assigned thereto in section two of the Defence Act; "Service" means the Zambia National Service established under section three; "Serviceman" means a member of the Service enlisted or engaged under section five or eleven or appointed to the permanent staff under section six. PART II ESTABLISHMENT SERVICE OF THE ZAMBIA NATIONAL Cap. 106

3. (3) There shall be established and maintained a service to be known Establishment as the Zambia National Service (hereinafter called "the Service"). of the Service (2) The functions of the Service shall be the training of citizens to serve the Republic and the employment of its members in tasks of national importance and otherwise in the service and defence of the Republic. (3) The Service shall organise and run such leadership and other courses for citizens as the Minister may, by statutory instrument, prescribe. The Minister may, in such statutory instrument, prescribe-

(a) (b) (c)

the duration of such courses; the person or class of persons liable to attend such courses; and matters incidental to or connected with such courses.

(4) The supreme command of the Service shall vest in the President and he shall hold the office of Commander-in-Chief of the Service. (5) Subject to the provisions of this Act, the powers conferred on the President by subsection (4) shall include(a) (b) the power to determine the operational use of the Service; the power to appoint members and to dismiss them.

(6) The President may, by direction in writing and subject to such conditions as he may think fit, delegate to the Minister, the Commandant or any other person any of the powers mentioned in subsection (5). PART III MEMBERS, SERVICEMEN, ENLISTMENT, ETC. REGISTRATION,

4. (1) The Service shall consist of such number of members as may, from time to time, be determined by the President. (2) The members of the Service shall be(a) (b) persons who enlist voluntarily under section five; persons who are enlisted under section eleven;

Membership of the Service

(c) persons who are appointed to the permanent staff under section six; and

(d) persons in the civil or military service of the Republic who are seconded to the Service under section seventeen. 5. (1) The appropriate authority may enlist into the Service a male or female citizen who, at the time of his first enlistment, is between the ages of eighteen and thirty-five years (both ages inclusive). (2) Subject to the provisions of subsection (3), every citizen, whether enlisted voluntarily under subsection (1), or in consequence of an enlistment notice under section eleven, shall be enlisted to serve in the Service for a period of two years. (3) A citizen who is a member of the class specified in the Second Schedule may(a) serve in the Service for a period of two years as provided in subsection (2); or (b) in the case of a person to whom the provisions of paragraph (b) or (c) of the Second Schedule apply, serve in the Service for a period of three months during any vacation period and a further period of one month immediately after he ceases to be a student and thereafter, in lieu of serving in the Service, pay every month for a period of twenty months such proportion of his monthly total earnings as the Minister may by regulation prescribe; or (c) serve in the Service for such period as the Minister may, by statutory instrument, prescribe and thereafter, in lieu of service with the Service, pay every month for the period which falls short of his two year period of service such proportion of his monthly total earnings as the Minister may by regulation prescribe. (4) The Minister may, by statutory instrument, prescribe the proportion of monthly total earnings of a member of the class specified in the Second Schedule which is payable to the Service under paragraph (b) or (c) of subsection (3). (5) After the completion of his engagement with the Service, under the Cap. 122 provisions of subsection (2) or paragraph (a), (b) or (c) of subsection (3), Servicemen

a Serviceman shall form part of the Home Guard as defined in any written law relating to the Home Guard (hereinafter referred to as "the Home Guard") and shall be liable to such duties as are provided in any written law applicable to a member of the Home Guard. (6) A member may, during the period of his service, be seconded to any person, with the consent of such person, for the purpose of undergoing a period of apprenticeship in any business, trade, profession or vocation and the Minister may, by statutory instrument, prescribe terms and conditions of such apprenticeship. (7) Every Serviceman shall, on first joining the Service, make the declaration set out in the First Schedule. (8) For the purpose of subsection (6), a person includes the Government, a local authority or any company or association or body of persons, corporate or unincorporate. 6. (1) Notwithstanding the provisions of section five, appointments may be made to the permanent staff of the Service on terms other than those prescribed in the said section and a citizen appointed to the permanent staff shall, so long as he holds such appointment, be a Serviceman. (2) Subject to the provisions of this section, power to appoint persons to hold or to act in any office in the permanent staff of the Service (including power to confirm appointments), to exercise disciplinary control over persons holding or acting in such offices and to remove such persons from office shall vest in the President. (3) The President may, by directions in writing and subject to such conditions as he thinks fit, delegate any of his functions under subsection (2) to any person. 7. (1) Subject to the provisions of this Act, every citizen, male or Liability to be female, who has attained the age of eighteen years and has not attained called up for the an age above thirty-five years and is a member of the class specified in Service the Second Schedule shall be liable to have his name entered in the national service register and to be called upon to serve in the Service in Appointments to permanent staff

accordance with the provisions of this Act. (2) The Minister may, by statutory instrument, add to, amend, vary or replace the Second Schedule. (3) Notwithstanding the provisions of subsection (1), a citizen who is a member of the class specified in the Second Schedule shall not be liable to be called upon to serve in the Service so long as he is a student engaged in studies: Provided that, for the purpose of this section, a student shall be deemed to be not engaged in studies during any vacation period and he may be called up for service during any such vacation period. (4) For the purpose of this section and the Second Schedule, a student means a full-time student. 8. The Commandant shall be Registrar and he shall keep a register of Appointment of persons who are liable under this Act to be called up for national service Registrar of Service (in this Act referred to as "the national service register") and shall perform such other duties in connection with the said register and the enlistment of members of the Service as may be prescribed in this Act. 9. (1) The Minister may, by statutory instrument, make rules in relation Rules relating to the following matters: to registration (a) requiring the persons in charge of secondary schools or other educational or professional institutions to furnish to the Registrar particulars about students attending such schools or institutions who may be liable under this Act to be called up for the Service; and (b) requiring persons whose names have been entered on the national service register to furnish to the Registrar such particulars as may be prescribed. (2) Rules made under subsection (1) may make different provision in relation to different classes of persons subject to registration, and may exclude provision for any class of persons subject to registration with respect to which the Minister is satisfied that sufficient particulars can

be ascertained otherwise than by virtue of such rules. 10. (1) It shall be the duty of the Registrar to ensure that the names and Registration particulars of persons liable under this Act to be called up for the Service received by him are entered in the national service register. (2) The Registrar shall from time to time make any necessary alteration to any entry therein and shall remove from the said register the name of every person who dies before being called up for the Service or who ceases to be liable to be called up for the Service. (3) If at any time before being called up for the Service a person whose name is entered in the national service register changes his name or address, he shall forthwith notify the change to the Registrar and, if he fails to do so, he shall be guilty of an offence and on conviction liable to a fine not exceeding three hundred and fifty penalty units (As amended by Act No. 13 of 1994) 11. (1) Every person who, upon the commencemnt of this Act, is, or at any later date becomes, liable to be called upon to serve in the Service in accordance with the provisions of this Act, shall, within three months of the commencement of this Act or his so becoming liable, as the case may be, present himself in person to such authority or person as may be prescribed by the Minister by statutory instrument to furnish his name and particulars for entering the same in the national service register. (2) Any person who, being liable under this Act to be called upon to serve in the Service, fails without reasonable excuse to present himself in person to the authority or person prescribed under subsection (1) within the period specified in the said subsection shall be guilty of an offence against this Act and shall be liable on conviction to a fine not exceeding one thousand penalty units or to imprisonment for a term not exceeding three months, or to both. (3) The Registrar may cause to be served on any person who is liable under this Act to be called up for the Service a written notice (in this Act referred to as "an enlistment notice") stating that he is called up for the Service and requiring him to present himself at such place and time, and to such authority, as may be so specified in the notice; and, subject to this section, the person upon whom the notice is served shall be deemed, as from the day so specified in the notice, to have been duly enlisted in Obligation of persons liable to report and service of enlistment notice

the Service and the period for which he is enlisted shall begin on the said day or such later day as he may in fact present himself for service. (4) Where an enlistment notice has been served on any person, the Registrar may, at any time while that person remains liable under this Act to be called up for the Service, cancel the notice or cause to be served on him a further enlistment notice varying the original notice by altering the place or time at which he is thereby required to present himself. (5) Where, at the beginning of the day specified in an enlistment notice or the day on which the person to whom the notice relates is thereby required to present himself, any of the following conditions is fulfilled, that is to say: (a) a postponement certificate relating to him is in force; or

(b) any application or appeal made by him under section twelve is pending; the enlistment notice served on him shall be of no effect. (6) An enlistment notice served upon any person shall cease to have effect if before the day on which he is thereby required to present himself he ceases to be liable under this Act to be called up for the Service. (7) There shall be paid to persons required to present themselves in accordance with enlistment notices served upon them, such travelling and other allowances as the Minister may, by statutory instrument, prescribe. (8) Any person upon whom an enlistment notice has been served who, being liable to be called up for the Service, fails without reasonable excuse to present himself in accordance with the provisions of such notice shall be guilty of an offence against this Act and shall be liable on conviction to a fine not exceeding one thousand penalty units or to imprisonment for a term not exceeding three months, or to both. (9) A person who is not a citizen shall not enlist to serve in the Service.

(10) If a person who is not a citizen enlists in the Service or does not disclose his nationality when he presents himself for enlistment to the appropriate authority of the Service under the provisions of this Act, he shall be guilty of an offence and shall be liable on conviction to a fine not exceeding one thousand penalty units or to imprisonment for a term not exceeding three months, or to both. (As amended by Act No. 13 of 1994) PART IV POSTPONEMENT CERTIFICATE, NATIONAL SERVICE HARDSHIP COMMITTEE AND EXEMPTION Postponement 12. (1) Subject to this section, any person upon whom an enlistment notice has been served under section eleven or his employer may apply certificate in a prescribed manner for a certificate of postponement of liability under this Act to be called up for the Service (in this Act referred to as a "postponement certificate") on the ground that exceptional hardship would ensue if he were called up for the Service, and may, on that ground, apply in the prescribed manner for the renewal of any postponement certificate granted to him. (2) Where application for a postponement certificate or for the renewal of a postponement certificate is made, that application shall be considered by a National Service Hardship Committee constituted under subsection (3). (3) National Service Hardship Committees shall be appointed for such areas or regions as the Minister may determine and shall consist of a chairman and three other members all of whom shall be appointed by the Minister. (4) An application for the grant of a postponement certificate may be made at any time after an enlistment notice has been served on the applicant but before the day specified in the notice as the day on which he is thereby required to present himself. (5) An application for the renewal of a postponement certificate shall be

made at least fourteen days before the expiration of the period for which that certificate was granted or last renewed. 13. An applicant for a postponement certificate or the renewal of a postponement certificate who is aggrieved by the determination of a National Service Hardship Committee may, in the prescribed manner, appeal to the Minister whose decision shall be final. Appeals from determination of National Service Hardship Committee Revocation of postponement certificate

14. (1) If, at any time while a postponement certificate is in force, it appears to the Registrar that, by reason of any change in the circumstances of the person to whom the certificate was granted, the certificate ought to be revoked or the period for which it was granted ought to be shortened, the Registrar may apply to the National Service Hardship Committee and the Committee may either refuse the application or cancel the certificate or vary it by shortening the said period. (2) Where an application is made under subsection (1), the person to whom the postponement certificate in question was granted shall be entitled to be heard on the application, and if he is aggrieved by the determination of the National Service Hardship Committee, he may, in the prescribed manner, appeal to the Minister whose decision shall be final.

15. (1) The Registrar or any person authorised by him shall be entitled Provisions as to to be heard on any application before a National Service Hardship National Committee. Service Hardship Committees (2) No determination of an appeal to the Minister or any application to a National Service Hardship Committee or the determination thereof shall be questioned in any court of law.

16. The Minister may, by statutory instrument, exempt any person or any class of persons from liability under this Act to be called upon to serve in the Service.

Exemption from liability

PART V SECONDMENT TO THE SERVICE 17. (1) Any citizen who is in the civil or military service of the Republic may, if he so wishes and the appropriate authorities approve, be seconded for employment within the Service. (2) The period of secondment shall be such period as shall be agreed upon at the commencement of the employment, and, subject in each case to such limitations aforesaid, the secondment may, if the person seconded so wishes and the appropriate authorities so approve, be renewed from time to time. (3) Where a person is first seconded for employment with the Service in any particular rank, he shall not thereafter be required to serve in any rank junior thereto without his consent, and if he can no longer be employed in the rank at which he was first seconded or in any rank senior thereto, his secondment shall, if he wishes, be forthwith terminated. 18. Notwithstanding the foregoing provisions of this Act but subject to Prolongation of the provisions of subsection (3) of section seventeen, any member of the engagement and Service whose engagement or secondment expires during a state of war, secondment insurrection, hostility or public emergency may be retained in the Service and his engagement or secondment prolonged for such further period as the appropriate authorities, with the approval of the President direct. 19. The appropriate authority may, at any time during the term of an engagement or period of secondment, discharge a member of the Service or terminate his secondment, as the case may be, if, for any reason, his services are no longer required. PART VI UNITS, COMMANDANT SERVICE AND RANKS OF THE Discharge Seconded members

20. (1) The Service shall be divided into such numbers and descriptions Units of the of branches, units, sub-units, camps and settlements, as the Minister Service may from time to time direct. (2) Subject to subsection (3), any Serviceman may be posted to and employed in any branch, unit, sub-unit, camp or settlement of the Service. (3) Where a Serviceman is seconded specifically for a particular description of branch, unit, sub-unit, camp or settlement of the Service, he shall be posted only to a branch, unit, sub-unit, camp or settlement of that description. 21. The President may appoint an experienced member of the Service Appointment of or an officer of the Regular Force to be the Commandant of the Service. Commandant 22. (1) Subject to this Act and to the direction of the President and the Powers of Minister, the Commandant shall have the command, superintendence, Commandant direction and control of the Service. (2) The Commandant may, subject to the general instructions of the Minister and to the provisions of this Act, from time to time make standing orders for the general government of Servicemen in relation to their training, arms, accoutrements, clothing, equipment, places of residence, classification and duties as well as their distribution and inspection and such other orders and instructions as he may deem expedient for preventing neglect and for promoting efficiency and discipline of Servicemen in the discharge of their duties. (3) Save where a contrary intention appears, the Commandant may delegate to a Serviceman not below the rank of Assistant Commandant the duties, powers and functions vested in him by this Act or any other written law. (4) The President may, in the event of the Commandant being for any reason absent, appoint another person to act as Commandant during the period of the Commandant's absence and the person so acting shall perform the functions of the Commandant under this Act.

23. (1) There shall be such other ranks of the Service as may be prescribed by rules made by the Minister under section fifty, and such rules(a) shall prescribe the relative seniority of the various ranks; and

Ranks and administration

(b) may prescribe the authority or authorities in whom the power to make appointments or promotions to, or reduction from, such ranks shall be vested. (2) The administration of the Service throughout Zambia shall be vested in the Commandant. (3) The control of the Service in any branch, unit, sub-unit, camp or settlement shall be vested in such Serviceman as may be appointed, subject to the approval of the Minister, by the Commandant. (4) A Serviceman in charge of a branch, unit, sub-unit, camp or settlement shall carry out the orders of the Commandant in all matters including discipline, internal administration and training of the Servicemen under his command. PART VII DUTIES AND EMPLOYMENT OF THE SERVICE 24. (1) Every member of the Service shallDuties of Servicemen

(a) perform such duties and carry out such training as may be directed by the officers senior to or placed in command over him; (b) obey and execute promptly all orders lawfully issued to him by the officers senior to or placed in command over him. (2) Without prejudice to the generality of the foregoing provisions of this section, members of the Service may be trained in the use of arms and weapons of war.

25. (1) The President may, during a state of war, insurrection, hostility Employment of or public emergency or during any period when a declaration made Servicemen in under the Constitution has effecttimes of emergency (a) call out the Service or any part or member thereof;

(b) order that the Service or any part thereof be employed to serve with the Defence Force or otherwise in the defence of the Republic. (2) Where any part of the Service is, in pursuance of an order made Cap. 106 under this section, serving with the Defence Force or otherwise in the defence of the Republic, it shall be governed by, and subject to, the Defence Act, and the members of the Service for the time being serving with such part shall be deemed to be subject to that Act, within the meaning of section two hundred and six thereof. (3) Where any part of the Service is, in pursuance of an order made under this section, serving with the Defence Force or otherwise in the defence of the Republic, the President shall make rules declaring which rank of the Service corresponds to which rank in the Defence Force and may make rules relating to the command of such part by members of the Defence Force. 26. (1) The President may, at any time, order such part or members of the Service as he may think fit to proceed for service to a friendly neighbouring State. President may send Servicemen to friendly neighbouring States

(2) For the purpose of this section, "friendly neighbouring State" means any State having a common border and friendly relations with the Republic and any such other State as the President may declare to be a friendly neighbouring State. (3) All the members of the Service serving outside the Republic under the provisions of this section shall be under the orders of their own superior officers, and shall, in so far as appertains to their terms and

conditions of service and the maintenance of discipline, be subject to the provisions of this Act and shall, so far as is possible, perform duties of a like nature to those which they may be required to perform under this Act in Zambia, so however that, except as aforesaid, nothing in this section shall operate contrary to the general law for the time being in force in such friendly neighbouring State which shall apply to and be observed by such members of the Service. PART VIII EMPLOYER'S OBLIGATIONS 27. (1) If the employer of any person liable to be called up terminates his employment without his consentProhibition of dismissal of employees by reason of liability for service

(a) after he is informed by the employee that an enlistment notice is served upon him under the provisions of section eleven; and (b) does so solely or mainly by reason of any duties or liabilities which that employee is, or may become, liable to perform or discharge by reason of his being called up for the Service; the employer shall be guilty of an offence and liable on conviction to a fine not exceeding five thousand penalty units or to imprisonment for a term not exceeding three months, and the court by which he is convicted may order him to pay to the employee, whose employment has been terminated, as compensation for any loss suffered or likely to be suffered by him by reason of the termination, a sum not exceeding an amount equal to three months' remuneration at the rate at which his remuneration was last payable to him by his employer. (2) Save as provided in this section, an employer is not liable to pay to an employee any remuneration for the period during which the employee is serving in the Service. (3) If a person in employment of the Government, a local authority or an organisation prescribed under the provisions of subsection (4) is called up for the Service, the period during which he serves with the Service shall be treated as a period of service with his employer for all purposes,

including his remuneration. (4) The Minister may, by writing under his hand, prescribe any company or association or body of persons, corporate or unincorporate, in which the Government holds, directly or indirectly, shares or any other interest, as a prescribed organisation for the purpose of subsection (3). (5) If an employee in employment of any person, other than the Government, a local authority or an organisation prescribed under the provisions of subsection (4), is serving in the Service pursuant to his being called up for the Service, the employer shall pay him for a period of three months, from the day he starts serving with the Service, his monthly remuneration at the rate at which his remuneration was last payable to him by the employer immediately before he commenced serving with the Service, and such period of three months shall be deemed as a period of service with his employer for all other purposes. (6) For the purpose of subsection (1), an employer shall be deemed to have terminated his employee's employment in contravention of subsection (1) unless the employer shows a lawful reason for such termination of employment other than the reason mentioned in paragraph (b) of subsection (1). (7) For the purpose of subsection (1), an employer means(a) in a case where the employing authority is a body corporate, the individual or group of individuals who is empowered to terminate and who has in fact terminated the employment of an employee; and (b) in any other case, the individual who is empowered to terminate and has in fact terminated the employment of the employee. (As amended by Act No. 13 of 1994) PART IX DISCIPLINE 28. Disciplinary control over Servicemen shall be exercised as is provided in this Part. Method of dealing with

disciplinary matters 29. (1) A Serviceman below the rank of the Commandant commits an offence against discipline if he is guilty ofOffences against discipline by Servicemen below the rank of Commandant

(a) disobedience to orders, that is to say, if he disobeys, or without good and sufficient cause omits or neglects to carry out any lawful order, written or otherwise; (b) insubordinate or oppressive conduct, that is to say, if he-

(i) is disrespectful in word, act or demeanour to a Serviceman superior to him in rank; (ii) is oppressive or tyrannical in conduct towards a Serviceman inferior to him in rank; (iii) uses obscene, abusive or insulting language to any other Serviceman; (iv) assaults any other Serviceman; (v) wilfully or negligently makes any false complaint against any other Serviceman; (vi) fails to report any complaint or report made against any other Serviceman; (vii) talks or is inattentive or otherwise misbehaves himself on parade; (viii) being under arrest or in confinement, leaves or escapes from his arrest or confinement before he is set at liberty by proper authority; (ix) resists an escort whose duty it is to apprehend him or to have him in charge; (c) neglect of duty, that is to say, if he-

(i) neglects, or without good and sufficient cause omits, promptly and diligently to attend to or carry out anything which it is his duty as a Serviceman to attend to or to carry out; (ii) idles or gossips or sits or lies down without reasonable cause when on duty;

(iii) (iv)

sleeps when on duty; fails to report any matter which it is his duty to report;

(v) without reasonable cause omits to make any necessary entry in any official document, book or paper; (vi) refuses, or without good and sufficient cause omits to make or send a report or return which it is his duty to make or send; (d) discreditable conduct, that is to say, if he acts in a disorderly manner, or in any manner prejudicial to discipline or likely to bring discredit on the reputation of the Service; (e) absence without leave or being late for duty, that is to say, if he-

(i) without reasonable cause or excuse is absent without leave from, or is late for, parade or other duty; or (ii) leaves without right of permission or lawful reason any service camp or quarters; (f) falsehood or prevarication, that is to say, if he-

(i) knowingly makes or signs any false statement in any official book or document; (ii) wilfully or negligently makes any false, misleading or inaccurate statement; (iii) without good and sufficient cause destroys or mutilates any official document or record, or alters or erases any entry therein; (g) breach of confidence, that is to say, if he(i) divulges any matter which it is his duty to keep secret; (ii) without proper authority communicates to the press, or to any unauthorised person any matter concerning the Service; (iii) without proper authority shows to any person outside the Service any book or written or printed document belonging to the Service; (iv) makes or joins in making any anonymous communication to a Serviceman superior in rank to him; (v) signs or circulates any petition or statement with regard to any matter concerning the Service, except through the proper channels of correspondence to the Commandant; (vi) calls or attends any unauthorised meeting to discuss any matter concerning the Service;

(h) malingering, that is to say, if he feigns or exaggerates any sickness or injury with a view to evading duty; (i) uncleanliness, that is to say, if he, while on duty, is without reasonable cause improperly dressed or dirty or untidy in his clothing or accoutrements; (j) damage to property, that is to say, if he(i) wilfully or by carelessness causes any waste, loss or damage to any article of clothing or accoutrements, or to any book, document or other property belonging to the Service, issued to him or used by him or entrusted to his care; (ii) fails to report any such loss or damage as aforesaid however caused; (k) drunkenness, that is to say, if he, while on or off duty, is unfit for duty through the consumption of intoxicating liquor or drugs; (l) entering licensed premises, that is to say, if he enters any public bar licensed for the sale of intoxicating liquor when on duty except when his presence is required there in the execution of his duty; (m) discharging without orders or just cause any firearm which has been issued to him; (n) neglecting or failing to report the fact that he is suffering from venereal or other contagious disease; (o) any other act, conduct, disorder or neglect to the prejudice of good order and discipline not hereinbefore specified; (p) conniving at or knowingly being an accessory to any offence against discipline under this Act. (2) An offence against discipline under this section shall be inquired into, tried and determined and the offender shall be liable to suffer punishment, according to the degree and nature of the offence, in accordance with the provisions of this Part: Provided that a Serviceman shall not be found guilty of an offence under

paragraphs (c) (ii), (c) (iii) or (l) of subsection (1) unless it is proved that, at the time when the offence was committed, he was on a specific duty for which he was specifically detailed. 30. (1) Where it appears to a senior officer that there is a prima facie case against a Serviceman (hereinafter in this Act referred to as "the defaulter") for an offence against discipline, he shall frame a charge or charges against the defaulter. (2) The senior officer aforesaid may(a) if he is not a commanding officer report the charge to his commanding officer, who may either proceed to hear the charge or charges himself or remit the case to another appropriate tribunal to hear the charge or charges; or (b) if he is a commanding officer may proceed to hear the charge or charges himself or remit the case to another appropriate tribunal to hear the charge or charges. (3) The defaulter shall be informed of the date and time at which he will be required to appear before the appropriate tribunal. (4) The charge or charges shall first be read over to the defaulter who shall be required to plead guilty or not guilty to each charge separately, and the defaulter shall be afforded an opportunity to make a defence and adduce evidence for that purpose. (5) At the conclusion of the hearing the appropriate tribunal may(a) give its finding forthwith and, if it finds the defaulter guilty of any of the charges against him or, if the defaulter has pleaded guilty thereto, may impose a punishment; or (b) reserve its findings until a later date and, if it finds the defaulter guilty of any of the charges against him, may impose a punishment. (6) The findings and punishment shall be recorded and communicated personally to the defaulter. Procedure as to inquiries into disciplinary offences

31. (1) Where the defaulter pleads or is found guilty but the appropriate Disposition of tribunal considers that the offence warrants dismissal from the Service, serious offences it shall not make an award but(a) if the appropriate tribunal is not a commanding officer, it shall send a report to the commanding officer of the defaulter together with a copy of the proceedings, its findings and the reasons therefor; or (b) if the appropriate tribunal is a commanding officer, he shall send a report to the Commandant together with a copy of the proceedings, his findings and the reasons therefor. (2) On receipt of a report and the other documents referred to in subsection (1), a commanding officer may(a) confirm all or any of the findings or substitute for any finding of the appropriate tribunal any other finding at which the tribunal could have arrived upon the evidence and refer the report and such other documents to the Commandant for the latter to impose a punishment; or (b) quash any finding of guilt and acquit the defaulter in respect thereof or order a re-trial on such charge or charges as he may specify. (3) On receipt of the report and such other documents as aforesaid, the Commandant may(a) confirm all or any of the findings or substitute for any finding of the appropriate tribunal or any finding substituted by the commanding officer any other finding at which the tribunal could have arrived upon the evidence and impose a punishment in relation thereto (in which case he shall notify the appropriate tribunal); or (b) quash any finding of guilt and acquit the defaulter in respect thereof or order a re-trial on such charge or charges as he may specify. (4) Notification of the findings and punishment shall be personally communicated to the defaulter.

32. (1) One or more of the following punishments may be imposed by Punishments any appropriate tribunal upon a defaulter who has pleaded guilty or who has been found guilty of an offence against discipline: (a) reduction in rank;

(b) confinement in a guardroom, or restriction to the confines of any camp or other area where a part of the Service is stationed, for not more than fourteen days; (c) (d) (e) (f) a fine not exceeding thirty penalty units; stoppage of allowance; extra drills or parades; dismissal from the Service.

(2) The Commandant may impose any punishment which an appropriate tribunal is competent to impose and, where a defaulter has pleaded guilty or has been found guilty of an offence against discipline, may dismiss the defaulter from the Service. (As amended by Act No. 13 of 1994) Appeals 33. (1) Any Serviceman aggrieved by any finding of an appropriate tribunal or any award of an appropriate tribunal may, within seven days of the notification to him thereof, appeal to the Commandant in writing and the Commandant may quash, confirm or vary any finding of the appropriate tribunal or substitute therefor any finding at which the appropriate tribunal could have arrived upon the evidence, including any additional evidence which the Commandant, in his discretion, admits at the hearing of the appeal and may quash, confirm or remit any punishment imposed by the appropriate tribunal or may substitute therefor any punishment which the appropriate tribunal could have imposed. (2) Where the Commandant hears any new evidence on appeal, he shall give the appellant an opportunity of being present and putting questions to any witnesses so heard.

(3) Any Serviceman aggrieved by the finding or award of the Commandant under the provisions of subsection (1) of this section, or subsection (3) of section thirty-one, may, within fourteen days of the notification to him thereof, appeal to the President in writing and the President may confirm or vary any finding of the Commandant and may vary, remit or confirm any punishment imposed or confirmed by the Commandant and in all such cases the decision of the President shall be final. (4) In every case in which an appeal is lodged, the punishment shall be suspended during the hearing of the appeal. 34. (1) All fines imposed on a defaulter in respect of offences against discipline under this Part may be recovered by stoppage of the defaulter's allowance due at the time of committing such offences and thereafter accruing due. (2) The amount of stoppage in respect of any punishment authorised by this Part shall be in the discretion of the appropriate tribunal by whom the punishment was imposed or subject to the discretion of the Commandant, but shall in no case exceed one-half of the monthly allowance of the defaulter and, whenever more than one order of stoppage is in force against the same Serviceman, so much only of his allowance shall be stopped as shall leave him a residue of at least one-half of his allowance. (3) Where more than one order of stoppage is made upon the same Serviceman, the orders later in date shall if necessary be postponed as to their enforcement until the earlier orders have been discharged. 35. The Commandant or a commanding officer, where a charge alleging an offence against discipline or an offence against the Act has been laid or is about to be laid against a Serviceman, may suspend that Serviceman from the performance of his duties with the Service. 36. (1) Subject to subsection (2), every Serviceman shall be subject to the disciplinary code under the provisions of this Part. Suspension of Serviceman Fines to be recovered by stoppage of allowance

Servicemen subject to disciplinary

code (2) A person seconded to the Service shall not be subject to the disciplinary code under the provisions of this Part but shall remain subject to the law, regulations, rules and orders governing that part of the service of the Republic from which he was seconded to the Service: Provided that(i) nothing in this subsection shall preclude such a person from being proceeded against under any appropriate provision of any such law, regulation, rule or order for a dereliction of duty while seconded to the Service; and (ii) nothing in this subsection shall preclude such a person from exercising any function under the disciplinary code or shall be construed as derogating from the status or authority attaching to the rank he holds. 37. (1) It shall not be lawful for any member of the Service to take active part inActive participation in trade union forbidden

(a) any trade union, or any body or association affiliated to a trade union; or (b) any body or association the objects of which, or one of the objects of which, is to control or influence conditions of employment in any trade or profession; or (c) any body or association the object of which is to control or influence the pay, pensions or conditions of service of the Service. (2) Any member of the Service who contravenes the provisions of this section shall be liable to be dismissed and shall forfeit any pay or allowances due to him. (3) If any question arises as to whether any body is a trade union or association affiliated to a trade union or a body within the meaning of

this section, the question shall be decided by the Minister whose decision shall be final and conclusive and shall not be questioned in any proceedings. (4) For the purpose of this section, "trade union" has the same meaning Cap. 269 as it has in the Labour and Industrial Relations Act or any law repealing and replacing the same. PART X MISCELLANEOUS OFFENCES 38. (1) Any member of the Service who takes part in a mutiny shall be Mutiny guilty of an offence and shall be liable on conviction to a term of imprisonment not exceeding five years. (2) For the purpose of this section, "mutiny" means a combination between two or more members of the Service or between persons at least two of whom are members of the Service(a) to overthrow or resist lawful authority in the Service; or

(b) to disobey any such authority in such circumstances as to make the disobedience subversive of discipline. 39. (1) Any member who deserts from the Service shall be guilty of an Desertion offence and shall be liable on conviction to a fine not exceeding five hundred penalty units or to imprisonment for a term not exceeding six months, or to both. (2) No person shall be found guilty of the offence of desertion unless the court is satisfied that he intended not to return to the Service. (As amended by Act No. 13 of 1994) 40. Any member who absents himself from duty without leave or Absence from reasonable cause for a period of twenty-one days shall be guilty of an duty offence and shall be liable on conviction to the forfeiture of any pay and allowances due and payable to him.

41.

Any person who-

(a) causes or attempts to cause or does any act calculated to cause disaffection amongst members of the Service; or (b) induces or attempts to induce, or does any act calculated to induce, any member of the Service to desert or to commit any breach of discipline; shall be guilty of an offence and shall be liable upon conviction to a fine not exceeding five thousand penalty units or to imprisonment for a term not exceeding two years, or to both. (As amended by Act No. 13 of 1994) 42. (1) When a member of the Service ceases to belong to the Service, all powers and authority vested in him by or under this Act shall immediately cease and determine and he shall forthwith deliver up to the person appointed by the Commandant for that purpose all arms, ammunition, accoutrements, clothing, uniforms and other appointments which have been supplied to him or entrusted to his care and which are the property of the Republic. (2) Any member of the Service who, having ceased to belong to the Service, fails to deliver up any arms, ammunition, accoutrements, clothing, uniforms or other appointments as required by this section shall be guilty of an offence and shall be liable upon conviction to a fine not exceeding two thousand penalty units or to imprisonment for a term not exceeding three months, or to both. (3) Any person, not being a member, who is found in possession of any arms, ammunition, accoutrements, clothing, uniforms or other appointments belonging to the Service and who fails to account satisfactorily for his lawful possession thereof shall be guilty of an offence and shall be liable upon conviction to a fine not exceeding five thousand penalty units or to imprisonment for a term not exceeding six months, or to both. (4) Any person who, without lawful authority(a) sells or otherwise disposes of, or purchases or otherwise acquires, anything which has been supplied to, or is intended for supply to, a member for use in the execution of his duty; or

Persons causing disaffection, etc.

Offences relating to arms, ammunition, accoutrements, etc.

(b) aids or abets any person in selling or disposing of or purchasing or acquiring any such thing; shall be guilty of an offence and shall be liable upon conviction to a fine not exceeding five thousand penalty units or to imprisonment for a term not exceeding six months. (As amended by Act No. 13 of 1994) 43. Nothing in this Act shall exempt any person from being proceeded against under any other written law in respect of any offence made punishable by this Act, or from being liable under any written law to other or higher penalty or punishment than is provided for such offence by this Act: Provided that no person shall be punished twice for the same offence. PART XI ADVISORY COMMITTEE 44. (1) There shall be a Zambia National Service Advisory Committee (hereinafter referred to as "the Advisory Committee") which shall advise the Minister on such matters of policy and matters affecting the command, discipline and administration of the Service as may be referred to it, from time to time, by the Minister. Establishment of the Zambia National Service Advisory Committee Power to prosecute under other written law not affected

(2) The President may appoint such number of members of the Advisory Committee as he deems fit. (3) A member of the Advisory Committee shall be appointed by virtue of the office he holds and not in his individual capacity. PART XII FINANCE 45. Any expenditure incurred for the establishment, maintenance and operation of the Service under the provisions of this Act shall be charged on the general revenues of the Republic. Finance

46. (1) Any acts done and expenses incurred, before the date of the establishment of the Service, by the Minister or by any person or body authorised by the Minister so to do on behalf of the Republic (which they or any of them are hereby empowered and shall be deemed always to have been empowered so to do) in connection with the establishment of the Service shall be deemed to have the same effect and validity as if the Service had been in existence when the acts were done or expenses incurred and as if such acts has been done and such expenses incurred by the Government for the Service. (2) Where, before the establishment of the Service, any contract had been entered into by the Minister or by any person or body authorised by the Minister so to do for the benefit, use or purposes of the Service (which they or any of them are hereby empowered and shall be deemed always to have been empowered so to do) and any other person(a) for the employment of that person in any capacity relating to the exercise and performance of the functions of the Service; or (b) for the provision of machinery, equipment, plant, buildings, housing or services to be used for the purposes of the Service; or (c) relating to the exercise and performance of the functions of the Service; then any such contract shall have effect and be enforceable in the same manner as if the Service had been in existence at the date of the contract and the Government had been a party thereto in the place of the Minister or person or body who entered into the contract in the circumstances mentioned in this section. (3) As from the date of the establishment of the Service, any such contract as is mentioned in subsection (2) shall not be enforceable against the Minister or person or body who entered into the contract on behalf of the Service, and the Minister, person or body is hereby released from all liability under the contract. (4) This section shall have effect notwithstanding any other provisions of this Act and notwithstanding that this Act had not been enacted at the time when the acts were done or the expenses were incurred or the contracts were entered into.

Validation of acts done and contracts made before the establishment of the service

47. (1) The Minister may, by statutory instrument, prescribe the pay, allowances or gratuities payable to members. (2) Different provisions may be made under subsection (1) for different classes of members. PART XIII PENSIONS AND GRATUITIES

Allowances

48. (1) The President may, by statutory instrument, make regulations Pensions and prescribing the payment of pensions or gratuities in respect of service of gratuities the Servicemen or any of them. (2) Without prejudice to the generality of subsection (1), such regulations may prescribe(a) the conditions under which pensions or gratuities may be paid, the period of service qualifying for, and the methods of payment of, pensions or gratuities; (b) the payment of pensions or gratuities to the Servicemen who become incapacitated for service by sickness, accident or disability incurred in the discharge of their duties, and the payment of gratuities to the Servicemen who otherwise become incapacitated for service; (c) the conditions under which a pension or gratuity may be paid to or for the benefit of any relative or dependant of a Serviceman who dies from sickness, accident, or disability contracted in the discharge of his duty or who dies while serving in the Service; (d) that pensions or gratuities shall be liable to forfeiture or non-payment for misconduct. (3) Notwithstanding anything to the contrary contained in the Public Service Pensions Act, the President may, by statutory instrument, provide that all or any of the provisions of the said Act with such modification as he may prescribe, shall apply in relation to the Cap. 260

Servicemen or any of them. PART XIV MISCELLANEOUS PROVISIONS 49. Notwithstanding anything contained in any other written law, a member when on duty shall be deemed to be a workman, and the Government shall be deemed to be the employer of such member for the purposes of the Workers' Compensation Act. 50. (1) The Minister may, by statutory instrument, make regulations, rules and orders for the better carrying out of the provisions of this Act and the general administration of the Service. (2) Without prejudice to the generality of subsection (1), such regulations, rules or orders may relate to the following matters: (a) prescribing anything which under this Act may or is to be prescribed; (b) the establishment, organisation and distribution of the Service, the conditions of appointment and service and the various ranks and appointments therein; (c) the duties to be performed by members and their guidance in the discharge of such duties; (d) the allowances payable to members; Member deemed to be a workman. Cap. 271 Regulations, rules and orders

(e) the description and issue of arms, ammunition, accoutre-ments, uniforms, emblems and badges of rank; (f) the conditions governing resignation, dismissal, discharge, reduction in rank or reversions of members; (g) (h) leave conditions of the Service; the issue in specified circumstances of fresh postponement

certificates in place of certificates which have been lost, destroyed or defaced; (i) the principles to be applied and the circumstances to which regard is and is not to be had, on the hearing of any application for the grant, renewal, cancellation or variation of a postponement certificate; (j) generally for the good order and administration of the Service.

(3) Subject to the provisions of this Act, regulations, rules or orders made under the provisions of this section may, subject to any restrictions or exceptions therein contained, empower the Commandant and other members of the Service having command of any branch, unit, sub-unit, camp or settlement of the Service to make general, special, routine and standing orders with respect to all or any of the following matters, that is to say: (a) the discipline, good order and guidance of the branch, unit, sub-unit, camp or settlement under his command; (b) the organisation and duties of the branch, unit, sub-unit, camp or settlement under his command; (c) the distribution, posting, transfer, attachment and inspection of personnel; and (d) the description, supply, use and disposal of arms, accoutre-ments, clothing, uniforms and other stores. PART XV DISSOLUTION OF ZAMBIA YOUTH SERVICE BOARD 51. In this Part, unless the context otherwise requires"Board" means the Zambia Youth Service Board established under section four of the Zambia Youth Service Act. 52. (1) From the commencement of this Act the Board shall exist for the purpose of winding up its affairs and for no other purpose. Interpretation Cap. 143

Winding up of affairs of the

Board (2) Notwithstanding anything to the contrary contained in the Zambia Cap. 143 Youth Service Act or any other written law, the Board shall have, for the purpose of winding up its affairs, power to do anything which is necessary or expedient for that purpose or is incidental thereto, including in particular, but without prejudice to the generality of that power, power to enter into and carry out agreements and arrangements for the transfer of its property, rights, liabilities and obligations to any person or the Government. (3) The Minister may issue to the Board directions in respect of the exercise of powers under subsection (2) and the Board shall act in accordance with such directions. (4) When the Minister is satisfied that all necessary agreements and arrangements have been made for the winding up of the Board so that it may be dissolved, he may, by statutory instrument, order that the Board shall be dissolved on such date as may be appointed in the statutory instrument (in this Part referred to as "the appointed date"). 53. Vesting of lands (a) all lands, leaseholds, estates, tenancies, interests or rights in, to, and personal property in, and over or arising out of the ownership, possession or occupation thereof transfer of which were subsisting immediately prior to the said dissolution and contractual and were vested in, held or enjoyed by the Board shall, by virtue of this section and without further assurance, be transferred to and vested in the other rights and libilities to, the Government to the extent of the title of the Board therein, subject Government however to any mortgages, charges, leaseholds, tenancies or other rights, legal or equitable, subsisting in any other person in, to, over or arising out of such property at the date of the said dissolution; (b) all personal property and all rights in, to, over or arising out of the ownership or possession of such property which were subsisting immediately prior to such dissolution and were vested in, held or enjoyed by the Board, shall, by virtue of this section and without further act, be transferred to and vested in the Government to the extent of the title of the Board therein, subject however to any rights or interests, legal or equitable, subsisting in any other person in, to, over or arising out of such personal property on the date of the said dissolution; (c) the benefits of all deeds, contracts (other than contracts of personal services), bonds, shares, securities, or things in action which Upon the dissolution of the Board pursuant to section fifty-two-

were subsisting immediately prior to such dissolution and were vested in the Board shall, by virtue of this section and without further act, endorsement or document of transfer, be transferred to and vested in, and shall ensure to the benefit of the Government in the same manner as if the Government had been a party to such deeds, contracts, bonds, shares or securities instead of the Board, and in the same manner as if the Government at all times had been entitled to the benefit of all such things in action instead of the Board, subject however to any rights, interest or claims, legal and equitable, subsisting in any other person, in, to, over or arising out of, or in respect of, any such deeds, contracts, bonds, shares, securities, or things in action on the date of the said dissolution; (d) all subsisting and future liabilities or obligations arising out of any deed, contract (other than a contract for personal service), bond, share, security or thing in action, and all such liabilities in tort, imposed upon, suffered or incurred by the Board shall, by virtue of this section, be transferred to, imposed upon, suffered and incurred by the Government, in the same manner as if the Government had been a party to each such deed, contract, bond, share or other security instead of the Board, and in the same manner as if the Government at all times had been the party bound or obliged by or under each such thing in action or liable by reason of each tort instead of the Board. 54. Whenever in pursuance of the provisions of this Part, any property, rights, liabilities or obligations of the Board are transferred by it in respect of the transfer of which any written law provides for registration, it shall be the duty of the Board to make an application in writing to the proper officer of the appropriate registration authority for the registration of such transfer and it shall be the duty of such officer to make such entries in the appropriate register as shall give effect to such transfer and, where appropriate, to issue to the transferee concerned a Certificate of Title in respect of the said property or to make necessary amendments to the appropriate register, as the case may be, and if presented therefor, to make endorsements on the deeds relating to the title, right or obligation concerned; and no registration fees, stamp duty or other duties shall be payable in respect thereof. Registration of property to be transferred by the Board

55. Where anything has been commenced by or under the authority of Completion of the Board prior to the date of its dissolution and such thing was done in acts relation to any property, real or personal, deeds or other rights or liabilities transferred by virtue of this Part to the Government, such thing may be carried on and completed by the Government instead of the Board in like manner and to the same extent as such thing might have been carried on and completed, but for the provisions of this Part, by the

Board. 56. (1) Where any person who was in the service of the Board immediately before the date of its dissolution agrees to transfer from that service to the employment of the Service, he shall, so long as he continues in such employment and until he is served by the Service with a statement in writing offering new terms and conditions of employment, enjoy such terms and conditions of employment with the Service as are, in aggregate, not less favourable than he enjoyed immediately before the date of the dissolution of the Board, and his service with the Board shall be treated as service with the Service for the purpose of determining rights to or eligibility for pension, gratuity, leave pay and travel fare in respect of his service. (2) The new terms and conditions offered under the provisions of subsection (1) to a person who is required to perform duties reasonably comparable to the duties performed by him immediately before he transferred his employment to the Service shall be no less favourable than those enjoyed by him, while in the employment of the Board. 57. The units raised, established and maintained and the persons enlisted or appointed, before the enactment of this Act, by the Government for the purpose of an organisation named the National Service shall, from the commencement of this Act, be deemed to have been raised, established, maintained, enlisted or appointed under this Act. Transitional provisions Terms of service of employees of the Board transferred to the Services

58. The Zambia Youth Service Act is hereby repealed from such date Repeal. Cap. as the Minister may, by statutory instrument, appoint. 232 of the 1971 edition

FIRST SCHEDULE
(Section 5) THE ZAMBIA NATIONAL SERVICE ACT

DECLARATION
I,.........................................................................*do swear by Almighty God/do solemnly and sincerely declare and affirm that I will be faithful and bear true allegiance to the President of the Republic of Zambia, that during my service with the Zambia National Service I will preserve, protect and defend the Constitution of Zambia, as by law established, and will obey all lawful orders of the President and of all officers placed over me and will subject myself to all written law relating to the said Service. ......................................................................................... Signature or Thumbprint of Serviceman *Sworn or Declared and Affirmed at .................................................... this ................................................ day of ..................................., 19....... Before me ........................................................................................... (Signature of Magistrate or Superior Serviceman) * Delete whichever is not applicable.

SECOND SCHEDULE
(Sections 5 and 7)

CLASS OF PERSONS LIABLE TO BE CALLED UP FOR THE SERVICE

Every citizen who(a) has, on or after the commencement of this Act, completed in the Republic or elsewhere an academic year in Form V or its equivalent and ceases to be a student; or (b) has enrolled or who enrols as a student, either before or after the commencement of this Act, at any University or University College in the Republic or elsewhere; or (c) having completed an academic year in a Form not lower than Form V or its equivalent, has enrolled or enrols as a student, either before or after the commencement of this Act, at any of the institutions prescribed by the Minister for this purpose; and who is not a person exempted under section sixteen, shall be the class of persons liable to be called up to serve in the Zambia National Service.

SUBSIDIARY LEGISLATION

THE NATIONAL SERVICE (GENERAL) REGULATIONS [ARRANGEMENT OF REGULATIONS]

PART I PRELIMINARY
Regulation 1. 2. Title Interpretation

PART II REGISTRATION
3. National Service register

PART III ENLISTMENT NOTICE

4. 5. 6. Enlistment notice Postponement certificate Appeal to the Minister

PART IV NATIONAL SERVICE HARDSHIP COMMITTEES

7. National Service Hardship Committees

PART V TRAINING IN SERVICE

8. 9. 10. Training Leadership course Period not counted as service

PART VI GENERAL PROVISIONS

11. 12. 13. (4) 14. Servicemen's monthly allowance Record of servicemen Proportion of monthly total earning prescribed under section 5 Registrar's duty to notify the Commander of the Home Guard

PART VII BRANCHES, CAMPS, UNITS AND RANKS IN THE SERVICE

Regulation 15. 16. Branches and units of the Service Ranks in the Service

PART VIII UNIFORMS, WEAPONS AND OTHER MILITARY STORES

17. 18. Interpretation Uniforms, weapons, etc.

PART IX STAFF REGULATIONS

19. 20. 21. 22. 23. 24. 25. 26. Probation period Salary scale Resignation, discharge or retirement Housing Leave Travel benefits Medical treatment Seconded members

PART X PREPARATION OF A CHARGE SHEET

27. Provisions applicable to offences under Part IX of the Act 28. Offences to be specified in charge sheet with necessary particulars 29. 30. Joinder of two or more accused in one charge Procedure rules in dealing with charges summarily

PART XI TRIAL PROCEDURE

31. Trial procedure

PART XII ADVISORY COMMITTEE

Regulation 32. Composition of Advisory Committee

FIRST SCHEDULE-Institutions prescribed by the Minister for the purpose of paragraph (c) of the Second Schedule to the Act SECOND SCHEDULE-Enlistment notice THIRD SCHEDULE-Application for a postponement certificate or renewal thereof FOURTH SCHEDULE-Appeal to the Minister FIFTH SCHEDULE-Charge sheet SIXTH SCHEDULE-Record sheet of offences NATIONAL SERVICE (GENERAL) REGULATIONS SECTION 50-THE NATIONAL SERVICE (GENERAL) REGULATIONS Regulations by the Minister Statutory Instrument 2 of 1973 128 of 1985

PART I PRELIMINARY
1. These Regulations may be cited as the National Service (General) Regulations. 2. In these Regulations, unless the context otherwise requires"Act" means the Zambia National Service Act. "Hardship Committee" means the National Service Hardship Committee appointed under section twelve of the Act; Title

Interpretation Cap. 121

"Service" means the Zambia National Service established under section three of the Act; "register" means the National Service register required to be kept by the Registrar under the provisions of section eight of the Act.

PART II REGISTRATION
3. (1) The Registrar shall keep a National Service register and shall National cause to be entered therein the names and such other particulars, as he Service register may deem necessary, of persons liable under the Act to be called up for the Service. (2) A person who becomes liable to be called upon to serve in the Service shall within three months of his so becoming liable report in person to the District Executive Secretary of the District in which he resides and furnish his names and such other particulars as may be required for entering the same in the register. (3) A citizen who wishes to be enlisted voluntarily under the provisions of subsection (1) of section five of the Act shall furnish to the office of the District Executive Secretary of the District in which he resides, his names and such other particulars as may be required for entering the same in the register. (4) The heads of Secondary Schools shall furnish to the Registrar the names of, and such other particulars as may be required by the Registrar relating to, the students leaving such schools after completing Form V or its equivalent. (5) The institutions mentioned in the First Schedule hereto are hereby prescribed for the purposes of paragraph (c) of the Second Schedule to the Act.

(6) The Registrar of the University of Zambia and the heads of the institutions mentioned in the First Schedule hereto shall furnish to the Registrar the names of, and such other particulars as may be required by the Registrar relating to, the students attending the University or institutions mentioned in the First Schedule hereto. (7) The Secretary of the Bursaries Committee of the Government and the Director of Civil Service Training shall furnish to the Registrar the names of, and such other particulars as may be required by the Registrar relating to, the students on the list of students receiving bursaries and studying outside Zambia.

PART III ENLISTMENT NOTICE

4. (1) The Registrar may cause to be served on any person who is liable Enlistment to be called up for the Service under the Act a written notice (hereinafter notice called "enlistment notice"). (2) The enlistment notice shall be in the form prescribed in the Second Schedule hereto and shall be issued not less than one month before the person is called up for the Service. (3) In a case where transport is not provided by the Service, there shall be paid to a person required to present himself in accordance with an enlistment notice served upon him, such cheapest bus or train fare, from his usual place of residence to the place where he is required to present himself, as he may have actually paid. 5. (1) Any person upon whom an enlistment notice has been served or Postponement his employer may apply to the Hardship Committee for a postponement certificate certificate or a renewal of postponement certificate, as the case may be, in the form prescribed in the Third Schedule. (2) In determining an application for the grant or renewal of a

postponement certificate regard shall be had to such matters as may be mentioned in the application.
Appeal to the Minister

6. A person aggrieved by the determination of a Hardship Committee may appeal to the Minister in the form prescribed in the Fourth Schedule hereto.

PART IV NATIONAL SERVICE HARDSHIP COMMITTEES

7. (1) A Hardship Committee shall be established in each district of Zambia. National Service Hardship Committees

(2) A Hardship Committee shall consist of the District Executive Secretary who shall be the Chairman of the Committee and three other members appointed by the Minister on the recommendation of the Cabinet Minister for the Province.

(3) A Hardship Committee shall meet as often as the Chairman considers necessary for the disposal of applications for postponement certificates or renewals thereof: Provided that it shall meet not less than three times in a year.

(4) At any meeting of a Hardship Committee, three members shall constitute a quorum.

(5) If the District Executive Secretary is absent at any meeting of a Hardship Committee, the members present shall elect one of them as Chairman of the meeting.

(6) Each member of a Hardship Committee shall have one vote at any meeting of the Committee and the Chairman shall have a casting vote in addition to a deliberate vote.

(7) The Assistant District Executive Secretary of the District for which a Hardship Committee is established shall be the Secretary of the Hardship Committee, but he shall not be considered a member of the Hardship Committee.

(8) An application for a postponement certificate or for a renewal thereof shall be sent to the office of the District Secretary. (9) A person who is(a) (b) (c) (d) mentally ill; or blind; or physically handicapped; or serving a sentence of imprisonment or is in detention;

shall during the period of any of the disabilities mentioned in paragraphs (a) to (d), be exempt from liability under the Act to be called up for the Service.

PART V TRAINING IN SERVICE

8. (1) The Service may offer to the Servicemen the following training, Training that is to sayTraining

(a) (b) (c) (d) (e)

military training; training in agriculture; training in trades and skills; political education; training in culture of Zambia; and

(f) any other training which the Commandant may consider necessary. (2) Training mentioned in paragraphs (a), (b) and (e) of sub-regulation (1) shall be given to all Servicemen. 9. (1) A leadership course of thirty days shall be organised and run by the Service. (2) The following classes of persons shall be eligible to join a leadership course: (a) (b) (c) (d) (e) (f) Act; Cabinet Ministers; Deputy Ministers; Members of the National Assembly; District Executive Secretaries; Public officers of and above the rank of Assistant Secretary; Councillors of a council as defined in the Local Government Cap. 281 Leadership course

(g) Heads of the instutions mentioned in the First Schedule hereto and heads of all secondary schools in Zambia;

(h) such senior members of the staff of any company or association or body of persons, corporate or unincorporate in which the Government holds, directly or indirectly, any shares or any other interest as may be nominated by such company or association, or body of persons in consultation with the Commandant. (3) The Commandant shall in consultation with the persons mentioned in sub-regulation (2) make arrangements for them to attend the leadership course mentioned in sub-regulation (1) at such places and times as may be found mutually convenient. 10. A Serviceman shall be deemed not to be serving with the Service during any period(a) (b) (c) when he is serving a sentence of imprisonment; or when he is absent without leave; or before he first presents himself pursuant to an enlistment notice. Period not counted as service

PART VI GENERAL PROVISIONS

11. There shall be paid to a Serviceman who is not in receipt of any other income for or during the period he spends with the Service a monthly allowance of K6. 12. (1) There shall be maintained in the register a record of every Serviceman as follows: (a) (b) (c) (d) a photograph with his signature endorsed on it; name, address and other particulars; progress report; leave of absence; Servicemen's monthly allowance Record of Servicemen

(e) (f) (g)

sick leave; character; and distinction obtained.

(2) When a Serviceman completes satisfactorily his period of service in accordance with the provisions of the Act, he shall be issued with a certificate to that effect. 13. The proportion of monthly total earning which a member is required to pay the Service under subsection (4) of section five of the Act is ten per centum of his monthly total earning. Proportion of monthly total earning prescribed under section 5 (4) Registrar's duty to notify the Commander of the Home Guard

14. The Registrar shall provide in writing the Commander of the Home Guard with the names of, and such other particulars as the Commander may require of, all Servicemen who complete their engagement with the Service under the provisions of subsection (2) or paragraph (a), (b) or (c) of subsection (3) of section five of the Act.

PART VII BRANCHES, CAMPS, UNITS AND RANKS IN THE SERVICE

15. (1) The Service shall have the following branches at its Headquarters: Branches and units of the Service

(a) (b)

the Administrative Branch; the Training Branch;

(c) (d) (e)

the Political Education Branch; the Development Branch; and the Finance Branch.

(2) The Service shall operate the following camps: (a) (b) the National Service Training Camp; the National Service Production Camp.

(3) The National Service Training Camp shall be divided into the following units: (a) (b) (c) (d) (e) the Military Training Unit; the Administrative Unit; the Skills Training Unit; the Agricultural Unit; and the Cultural Unit.

(4) The National Service Production Camp shall be divided into the following units: (a) (b) (c) (d) the Agricultural Unit; the Administrative Unit; the Cultural Unit; and the Operational Unit.

16. (1) Ranks in the Service shall be as follows and the relative seniority of a rank shall be in the order in which it is mentioned herein: (a) (i) (ii) (iii) (iv) (v) (vi) (vii) (b) (i) (ii) (iii) (iv) (c) Commissioned Officers: the Commandant; the Chief Master; Senior Master; Assistant Senior Master; Master; Assistant Master; Junior Master; Non-Commissioned Officers: Chief Prefect; Prefect; Assistant Prefect; Cadet Prefect; Others:

Ranks in the Service

Serviceman. (2) Appointments, promotion or demotion of an officer of the Service to a rank mentioned in paragraph (a) of sub-regulation (1) shall be made by the President on the advice of the Minister. (3) Appointments, promotion or demotion of an officer of the Service to a rank of Chief Prefect or below shall be made by the Minister on the recommendation of the Commandant.

PART VIII UNIFORMS, WEAPONS AND

OTHER MILITARY STORES

17. In these Regulations unless the context otherwise requires "uniform" means the dress for a class of Servicemen, approved by the Zambia National Service Advisory Committee. Interpretation

18. (1) The Commandant may issue to Servicemen uniforms, weapons Uniforms, and other necessary articles for the due discharge of their duties. weapons, etc. (2) A Serviceman shall wear uniform at all times except(a) on public holidays or when on leave of absence;

(b) when he is permitted or required by his superior officer to wear clothes other than uniform. (3) On termination of his engagement with the Service, a Serviceman shall deliver to such person or authority as his superior officer directs him all uniforms, weapons and other things issued to him by the Service or any person on behalf of the Service. (4) A Serviceman shall be issued with an identity card bearing his photograph.

PART IX STAFF REGULATIONS

19. (1) Every person who is appointed to a post in the permanent staff of the Service and not engaged on a temporary basis will be appointed initially on probation. (2) The minimum probation period for any Serviceman to be served will be six months from the date on which the Serviceman takes up his duty on first appointment. Probation period

(3) After completing the period of six months' probation, a Serviceman whose service has been satisfactory will be confirmed in his appointment on a direction of the Commandant to that effect. (4) On confirmation, a Serviceman shall be considered an established Serviceman. 20. (1) The Minister, in consultation with the Zambia National Service Salary scale Advisory Committee may determine from time to time the salary scale applicable to Servicemen. (2) The annual increment in the salary of a Serviceman will be dependent on a satisfactory report of his superior officer. 21. (1) A Serviceman shall not resign or be retired or discharged without due notice or payment of salary in lieu thereof as prescribed in this regulation. (2) A Serviceman may resign after giving(a) (b) in the case of an established Serviceman, two month's notice; or in the case of a Serviceman on probation, one months' notice. Resignation, discharge or retirement

(3) The Service may discharge, dismiss or retire a Serviceman on giving(a) (b in the case of an established Serviceman, two months' notice; or in the case of a Serviceman on probation, one month's notice.

(4) In lieu of giving due notice under sub-regulation (1) or (2), a payment equivalent to the salary for the notice period may be paid. (5) On termination of appointment of a Serviceman, other than by way of dismissal, a Serviceman shall be given a certificate of service by the

Commandant. 22. (1) A Serviceman may be provided with free living quarters. (2) A Serviceman who is absent from his station, whether on leave or otherwise, may retain his living quarters for such period as the Commandant or a person authorised by him may direct. (3) Where a Serviceman uses water and electricity at his living quarters, he shall pay(a) any water charges that becomes payable in excess of K6 per month; and (b) any electricity charges that becomes payable in excess of K10 per month. 23. (1) Subject to the exigencies of the Service a Serviceman will qualify for leave at the following rates for each month of qualifying service: (a) (b) Commissioned Officers 3 days; Non-Commissioned Officers 212 days; Leave Housing

(c) any Serviceman other than those mentioned in paragraphs (a) and (b) 112 days. (2) Leave may not be accumulated in excess of(a) (b) in the case of a Commissioned Officer 210 days; in any other case 150 days:

Provided that where a Serviceman applies for leave and his application is not approved because of the needs of the Service, he may be permitted to accumulate leave in excess of the limits prescribed in paragraph (a) or

(b), as the case may be. (3) A Serviceman who has been granted leave may be required to return before his leave period expires if the Commandant so directs. (4) For the purpose of this regulation, qualifying service means time spent on duty or on sick leave with full pay. A Serviceman's first period of qualifying service will begin on the day he takes up duty. Subsequent periods of qualifying service will begin on the day he returns to duty after each period of leave of thirty days or more. (5) A Serviceman may be granted sick leave(a) (i) and when he is ill or injured ifthe illness or injury prevents him from carrying out his duties;

(ii) the illness or injury was not caused by his own conduct or by his failure to take reasonable precautions; (b) if he has had dental treatment;

(c) when due to illness or injury he is confined to his house or to a hospital or similar institution for a period not less than fourteen days whilst on leave. (6) A Serviceman may be granted not more than 180 days sick leave on full salary and 180 days sick leave on half salary in any period of two years ending on the final day of the sick leave granted him. (7) A Serviceman shall without undue delay inform his superior officer of his being unable to perform his duties because of illness or injury. (8) Study leave may be granted to a Serviceman who(a) (b) is nominated by the Service to attend a course of study; attends a course of study at his own request, with the approval of

the Service which approval will be given if it appears that the additional training or qualification which the Serviceman will obtain is of value to the Service; or (c) is granted a bursary or other award to follow a course of study.

(9) If paid study leave is granted to a Serviceman in receipt of a bursary or other award, his salary for the study period will be reduced by an amount equivalent to the value of the bursary or other award. (10) A Serviceman proceeding on leave for thirty days or more shall be entitled to travel benefits for himself, wife and dependants under the age of eighteen years, if any. (11) A Serviceman who goes on not less than thirty days leave may, also, if he chooses, commute for cash not less than thirty days nor more than eighty days of his remaining accumulated leave. (12) When a Serviceman commutes leave for cash the commutation payment will be calculated at the full rate of his salary as on the first day of his leave. (13) Notwithstanding the provisions of sub-regulation (1), the Commandant may authorise commutation of leave for cash in the case of a Serviceman who could not be granted leave for thirty days or more due to exigency of the Service. (14) Casual leave on full pay may be granted to a Serviceman(a) (b) (c) for the purpose of attending to domestic problems; for sitting an examination; attending court when required to do so.

(15) A married woman in the Service shall be entitled to a paid maternity leave of ninety days.

24. (1) A Serviceman shall be eligible for free transport for himself, his Travel benefits wife and children under the age of eighteen years, when he travels from home to his station either on vacation leave or on retirement as follows: Rail (a) Serviceman whose annual salary is more than K2,900 (b) Serviceman whose annual salary is less than K2,900 First Class Second Class Motor Bus First Class Second Class

(2) The maximum free transport of baggage of a Serviceman travelling from his home to station on first appointment, from station to station on transfer and from station to his home on retirement or on vacation leave shall be as follows: Commissioned Officer .. .. .. .. .. 2,500 kg 1,000 kg

Non-Commissioned Officer ..

(3) An upset allowance shall be paid to a Serviceman who is transferred, for reasons other than disciplinary reasons, from one station to another station at the following rates: Serviceman Single Married .. .. .. .. Rate .. K20 .. K40

(4) A Serviceman shall be paid a subsistence allowance of K8 per day when he is out of the station on duty. (5) A Serviceman who is acting in any rank of or above an Assistant Master shall be eligible to receive an acting allowance if he acts for

thirty days or more; the acting allowance shall be the difference between such Serviceman's salary and the salary of the post in which he is acting. 25. (1) A Serviceman shall get medical treatment free of charge; where Medical a Serviceman or his dependant has to travel from his station to the treatment hospital, the Service may provide transport or pay the actual cost of the journey to the Serviceman for the travel from the station to the nearest hospital. (2) Where the Commandant is satisfied, on the recommendation of a medical practitioner, that the Government or Mission Hospital is not in a position to provide the medical or dental treatment required by a Serviceman, he shall authorise a payment of the whole or part of any charges actually incurred for such treatment elsewhere. 26. (1) Where a person who is in the Civil or military service of the Seconded members Republic is seconded to the Service, he shall receive from his parent organisation the salary he would have received if he were not seconded. (2) In addition to the salary mentioned in sub-regulation (1), the person seconded from the Civil or military service of the Republic shall be entitled to an allowance equivalent to the difference between the salary he would have received if he were not seconded and the salary of the post in which he is serving with the Service, if such salary is higher than the salary he would have received if he were not seconded. (3) An allowance given to a seconded person under the provisions of sub-regulation (2) shall not be counted for the purposes of pension or gratuity applicable to such seconded person under the rules of the Civil or military service of the Republic from which he is seconded. (4) Where a seconded person intends to apply for a permanent post in the Service, he shall submit his application to the Commandant who shall transmit it to the appropriate authority with his comments thereon. (5) Where a seconded person occupies his own house he will continue to receive housing allowance at the rate at which he would have got if he were not seconded.

PART X PREPARATION OF A CHARGE SHEET

27. The provisions of Part X and Part XI shall apply to offences specified under Part IX of the Act. Provisions applicable to offences under Part IX of the Act

28. (1) Every charge shall contain and shall be sufficient if it contains, a statement of the specific offence or offences with which the accused person is charged, together with such particulars as may be necessary for giving reasonable information as to the nature of the offence charged.

Offences to be specified in charge sheet with necessary particulars

(2) The charge sheet shall also contain the name, rank and unit of the accused person. The charge sheet shall in its layout follow with appropriate amendment the illustrations set out in the Fifth Schedule hereto. (3) Any offences under Part IX of the Act may be charged together in the same charge sheet if the offences charged are found on the same facts or form or are a part of, a series of offences of the same or similar character. (4) Where more than one offence is charged in a charge sheet, a description of each offence so charged shall be set out in a separate paragraph of the charge. (5) Where, before trial, or at any stage of a trial the tribunal is of the opinion that the accused may be embarrassed in his defence by reason of being charged with more than one offence in the same charge sheet, or for any other reason it is desirable to direct that any person so charged should be tried separately for any one or more offences charged in a

charge, the tribunal may order a separate trial of any count or counts of such charge. Joinder of two or more accused in one charge

29. The following persons may be joined in one charge and may be tried together, namely(a) persons accused of the same offence committed in the course of the same transaction; (b) persons accused of an offence and persons accused of abetment, or of an attempt to commit such offence; (c) persons accused of different offences committed, in the course of the same transaction. 30. (1) Any infringement of the provisions of Part IX of the Act dealing with discipline in the Service must be dealt with promptly, and any Serviceman accused of any offence thereunder must be informed of the charges against him within forty-eight hours by his superior officer.

Procedure rules in dealing with charges summarily

Cap. 121 (2) Wherever any person subject to the Zambia National Service Act, 1971, having been taken into custody, is likely to remain in custody for a period longer than forty-eight hours without being brought before an appropriate tribunal a report on the necessity of keeping the Serviceman in further custody shall be made forthwith to the Commandant by the Commanding Officer of the Serviceman. (3) Any conviction of a Serviceman shall be recorded in the Serviceman's Record Sheet of Offences as well as the Minor Offence Book in the forms prescribed in the Sixth Schedule hereto. (4) At any trial of a Serviceman, there shall be produced the Minor Offence Book and if required, the Serviceman's Record Sheet of Offences. (5) When transmitting the record of proceedings to the Commandant as required by the Act, it shall be necessary to accompany it with the Form Z specified in the Fifth Schedule hereto.

PART XI

TRIAL PROCEDURE
31. (1) After the charge sheet has been prepared by the officer preparing the charge and handed over to the Commanding Officer, appropriate tribunal or Commandant, the accused will be marched in with an escort of an equal rank. (2) The charge or charges will be read out and explained to the accused. (3) The accused shall then be asked whether he pleads "guilty" or "not guilty". Where an accused pleads "not guilty"(a) each prosecution witness shall give his evidence orally in the presence of the accused or a written statement made by the witness shall be read out to the accused: Provided that a written statement of a prosecution witness shall not be used if the accused requires that the witness shall give his evidence orally; (b) the accused shall be allowed to cross-examine any prosecution witness; (c) the accused may, on his own behalf, give evidence orally; Trial procedure

(d) the accused may call witnesses in his defence, who shall give their evidence orally and in his presence. (4) After the conclusion of the evidence, the evidence shall be weighed and a finding of guilty or not guilty shall be entered. (5) If the accused pleads guilty or is found guilty, he shall be permitted to give a plea in mitigation or bring character witnesses.

PART XII

ADVISORY COMMITTEE
32. (1) The Advisory Committee shall consist of members who shall all Composition of be appointed in writing by His Excellency the President. Advisory Committee (2) The Secretary of the Advisory Committee will be the Permanent Secretary of the Ministry responsible for the services who shall convene the meetings of the Advisory Committee and take minutes of the proceedings of every such meeting so convened. (3) The quorum at any meeting of the Advisory Committee shall be the Chairman and three members or in the absence of the Chairman any four members. (As amended by S.I. No. 128 of 1985)

FIRST SCHEDULE
(Regulation 3 (5)) INSTITUTIONS PRESCRIBED BY THE MINISTER FOR THE PURPOSE OF PARAGRAPH (C) OF THE SECOND SCHEDULE TO THE ACT 1. All Teachers' Training Colleges in Zambia 2. All Medical Training Institutions in Zambia 3. National Institute of Public Administration 4. Natural Resources Development College 5. National College of Management and Development Studies 6. Evelyn Hone College of Applied Arts and Commence 7. Lusaka Trades Training Institute 8. Livingstone Trades Training Institute 9. Lukashya Trades Training Institute-Kasama 10. Northern Technical College-Ndola 11. Zambia Institute of Technology: (i) Kitwe; (ii) Luanshya

12. Mansa Trades Training Institute 13. Choma Trades Training Institute 14. Nkumbi International College-Kabwe 15. Monze College of Agriculture

SECOND SCHEDULE
(Regulation 4 (2)) ENLISTMENT NOTICE (Under Section 11) To ................ Address ......................................................................................................................................... ...................... ........................................................................................................................................................ ..................... You are liable to be called up under the provisions of section 7 (1) or 5 (1)* and you are hereby called up for Service and are required to present yourself: (a) To ................................................................................................... ........................................................ (Name of authority) (b) at ............................................................................................................. ............................................... (Place) (c) on ............................................................................................................. .................... (Date and time) Dated this ...................................................... day of ................................. ............................................., 19....... at ....................................................................................................................... ................................................... Registrar, Zambia National Service * Strike out whichever is not applicable. NOTE-This enlistment is of no effect if(a) a postponement certificate relating to you is in force; (b) any application or appeal by you under section 12 is pending.

THIRD SCHEDULE
(Regulation 5 (1)) APPLICATION FOR A POSTPONEMENT CERTIFICATE OR RENEWAL THEREOF National Service Hardship Committee Name and address of person on whom enlistment notice is served ..................................... ................................ ................................................................................................................................................ ............................. Date of enlistment notice ........................................................................................................ ............................. Date of postponement certificate (if applicable) .................................................................... ............................. ................................................................................................................................................ ............................. Name and address of applicant ............................................................................................. ............................... ................................................................................................................................................ ............................. I hereby apply for postponement of my or my employee's liability to be called up for the Service on the grounds mentioned herein. *Grounds of application: (a) medical reasons; (b) domestic problems; (c) academic or professional examination; (d) commitment to business or other urgent duties; (e) any other ground; and details of the grounds are as follows: ....................................................................................................................................................... ...................... ................................................................................................................................................................ ............. ................................................................................................................................................................ ............. ................................................................................................................................................................ .............

Dated this .......................................................................... day of ........................................................ .., 19....... ...................................................................... Signature of Applicant * Delete whichever is not applicable.

FOURTH SCHEDULE
(Regulation 6) APPEAL TO THE MINISTER The Minister of .................................................................................... ................................................................ Ministry of................................................................................................ ........................................................... Lusaka Applicant's name .................................................................................... ............................................................ Applicant's address ............................................................................... .............................................................. ................................................................................................................ ............................................................. I hereby appeal against the determination of *my application for a postponement certificate or my application for renewal of postponement certificate by the National Service Hardship Committee on the following grounds: (a) .................................................................................... ............................................................................ (b) ................................................................................................ ................................................................ (c) ................................................................................................. ............................................................... (d) ................................................................................................. ............................................................... 2. I also refer to my original application which contains the grounds for making such application. Dated this ................................................................. day of ...................... .............................................., 19...... ......................................................................... Signature of Applicant * Delete whichever is not applicable.

FIFTH SCHEDULE
(Regulation 28 (2)) CHARGE SHEET

The accused, No. ............................................................... Rank ........................ .......................................... Name ................................................................................................................................. .................................. Unit ............................................................................................................................... ...................................... Time and place of offence: Time ...................................................................................................................... ......................................... Date ......................................................................................................................................... ....................... Place ................................................................................................................................................. .............. Nature and particulars of the offence........................................................................................ ........................... ................................................................................................................................................................ ............. ................................................................................................................................................................ ............. ................................................................................................................................................................ ............. ................................................................................................................................................................ ............. ................................................................................................................................................................ ............. ................................................................................................................................................................ .............

Number

Name

Rank

Unit

Award

Reviewing Authority President.............................................................................

Date .................................................................. Member .............................................................................. Member .............................................................................. Member .............................................................................. Member .............................................................................. ILLUSTRATION OF A CHARGE SHEET The accused, No. 731 Prefect Jack Mule, Kafue Military Training Camp, the Zambia National Service, a Non-Commissioned Officer is charged with1st Charge DISOBEDIENCE TO ORDERS CONTRARY TO SECTION 29 (1) (a) of the ZAMBIA NATIONAL SERVICE ACT, 1971 in that he at Kafue Military Training Camp on 1st December, 1971, at approximately 0915 hours when verbally ordered by No. 171 Master Verod Mwanga, Kafue Military Training Camp, the Zambia National Service, to take defaulters for extra drill refused to comply and did not do so. 2nd Charge USING INSUBORDINATE LANGUAGE TO A SUPERIOR OFFICER CONTRARY TO SECTION 29 (1) (B) (I) OF THE ZAMBIA NATIONAL SERVICE ACT, 1971 in that he at Kafue Military Training Camp on 1st December, 1971, at approximately 0915 hours when asked by No. 124 Assistant Master Paul Banda, Kafue Military Training Camp, the Zambia National Service, for his number, name and rank replied "Buzz off you stupid idiot" or words to that effect. Kafue 1st December, 1971 To be tried by appropriate Tribunal or Commandant.

Form Z COMMANDING OFFICER TO TRIBUNAL

(Regulation (30) (5)) To ........................................................................ No. ....................................................................... Rank .................................................................... Name of accused ..................................................................................... ............................................................ Date of first trial by Commanding Officer ..................................................................................................................... ........................................................ Place of trial ........................................................................................................................ ................................ Alleged offence ...................................................................................................................... ............................. ................................................................................................................................................ ............................. ................................................................................................................................................ ............................. ................................................................................................................................................ ............................. ................................................................................................................................................ ............................. ................................................................................................................................................ ............................. State whether accused was*Confined In Guardroom Suspended Application for trial (a) Date .................................... .......................................

(b) Reason ................................ ...................................... .............................................................................................................................................................. ............... ................................................................................................................................................................ ............. Date of submission ..............................................................................................................................................

Expected date of trial by tribunal ......................................................................................................................... Fixed as............................................................................................................................................. ....., 19....... .................................................................................... Signature of Commanding Officer N.B.-To be signed personally by the Commanding Officer. * Delete whichever is not applicable. TO COMMANDANT The appropriate tribunal declares that.......... ............................................................................................................................... .............................................. No. .......................................................................................................................... ............................................. Rank ....................................................................................................................... ............................................. Name ...................................................................................................................... ............................................. Unit ......................................................................................................................... ............................................ was committed to this appropriate tribunal on ....................................................... .............................................. 19........, for trial on the following offence(s).......................................................... .............................................. ................................................................................................................................ ............................................. ................................................................................................................................ ............................................. ................................................................................................................................ ............................................. ................................................................................................................................ ............................................. ................................................................................................................................ ............................................. ................................................................................................................................ ............................................. ................................................................................................................................ ............................................. ................................................................................................................................

.............................................

Verdict by appropriate tribunal .......... ............................................................................................................................... .............................................. ................................................................................................................................ ............................................. ................................................................................................................................ ............................................. ................................................................................................................................ ............................................. Date .............................................................................. Place ............................................................................. Signatures ....................................................... ....................................................... ....................................................... .......................................................

President Member Member Member

SIXTH SCHEDULE (Regulation 30 (3)) ZAMBIA NATIONAL SERVICE RECORD SHEET OF OFFENCES
Service Number ........................... Rank ............................. Names .......................... Unit..........................

Serial No.

Description of Reviewing Authority

Date

Charges on which convicted

Award

Awards on review or consideration

I hereby certify that this Form and Schedule contains a summary of entries as can be found in the Minor Offence Book.
Signed this .................................................................. day of .............................................................., 19.........

SPECIMEN OF A MINOR OFFENCE BOOK Signature and date of the Reviewing Officer

Serial No.

No., rank and name of the accused

Offence

Witnesses

Verdict

Award

SECTION 48-THE ZAMBIA NATIONAL SERVICE (PENSIONS) (APPLICATION) REGULATIONS Regulations by the President 1. These Regulations may be called the Zambia National Service (Pensions) (Application) Regulations, 1976.

Statutory Instrument 99 of 1976

Title

2. The Defence (Regular Force) (Pensions) Regulations shall apply to Application. all Servicemen of the Zambia National Service as they apply to persons Cap. 106 in the service of the Regular Force, as if service in the Zambia National Service were service in the Regular Force. SECTION 16-THE ZAMBIA NATIONAL SERVICE (ZAMBIA COMBINED CADET FORCE) (EXEMPTION) ORDER Order by the Minister 1. This Order may be cited as the Zambia National Service (Zambia Combined Cadet Force) (Exemption) Order, 1975, and shall come into operation on the 1st June, 1975. Statutory Instruments 137 of 1975

Title and commencement

2. There shall be exempt from liability under the Act to be called upon Exemption to serve in the Service any person belonging to the Zambia Combined Cadet Force who has completed an academic year in Form V and has passed Parts II and III of the Zambia Combined Cadet Force training. SECTION 16 AND 50-THE ZAMBIA SERVICE (OBLIGATORY SERVICE) (EXEMPTION) ORDER Order by the Minister Statutory Instruments 47 of 1981

1. This Order may be cited as the Zambia National Service (Obligatory Title Service) (Exemption) Order, 2. The persons specified in the Schedule hereto are exempted from liability to serve in the Service. Exemption from service

SCHEDULE

(Paragraph 2) 1. All female persons serving at National Service Training Camps 2. All female persons serving at National Service Production Camps

CHAPTER 122 THE HOME GUARD ACT

ARRANGEMENT OF SECTIONS

PART I PRELIMINARY Section 1. 2. Short title Interpretation

PART II ESTABLISHMENT OF THE HOME GUARD AND ITS COMMAND AND FUNCTIONS 3. 4. 5. 6. 7. Establishment of the Home Guard Supreme command of the Home Guard Command of the Home Guard Functions of the Home Guard Duties of members of the Home Guard

PART III MEMBERS, ENLISTMENT, ATTESTATION, ETC. 8. Composition of the Home Guard

9. Force 10. 11. 12. 13. 14.

Members of the Home Guard to be members of the Defence Eligibility for enlistment Recruiting officer Enlistment Validity of attestation and enlistment False answers in attestation papers

15. Prohibition of non-citizens from enlisting or serving in the Home Guard PART IV HOME GUARD PROBING COMMITTEE 16. Home Guard Probing Committee

PART V ALLOWANCE, TRAINING, DISCHARGE, ETC. Section 17. 18. 19. 20. 21. Allowance Training Embodiment Discharge Postponement of discharge

PART VI DISCIPLINE
22. 23. 24. Guard Failure to attend on embodiment Failure to fulfil training obligation Person causing disaffection amongst members of the Home

PART VII

MISCELLANEOUS
25. Membership of the Home Guard not a disqualification for membership of the National Assembly 26. 27. 28. Transitional provisions Expenditure Power to prosecute under other law not affected

PART VIII EMPLOYER'S OBLIGATION

29. Employer's obligation

PART IX REGULATIONS
30. Regulations

PART X APPLICATION OF THE DEFENCE ACT TO THE HOME GUARD

31. 32. 33. Application of the Defence Act (Had its effect) Dissolution of the Territorial Force

SCHEDULE-Declaration
CHAPTER 122

HOME GUARD

32 of 1971 13 of 1994

An Act to make provision for the establishment, maintenance, discipline

and administration of the Home Guard; and to provide for matters incidental thereto or connected therewith. [21st January, 1972] PART I PRELIMINARY 1. This Act may be cited as the Home Guard Act. Short title

Interpretation "active service" shall have the meaning assigned thereto in section three Cap. 106 Cap. 106 of the Defence Act; Cap. 106 "Army" means the Regular Force of the Army referred to in subsection Cap. 121 (1) of section four of the Defence Act; "citizen" means a citizen of Zambia; "Commander" means the Commander of the Home Guard; "commanding officer", in relation to a guardsman, means the officer for the time being commanding the unit, sub-unit, branch or detachment of the Home Guard to which the guardsman belongs or is attached; "date of attestation", in relation to any person, means the date on which he is attested in accordance with the provisions of this Act; "Defence Force" shall have the meaning assigned thereto in section two of the Defence Act; "guardsman" means a member of the Home Guard other than an officer; "member" means a guardsman or an officer; "officer" means an officer of the Home Guard appointed as such by the President; "serviceman" shall have the meaning assigned to it in section two of the Zambia National Service Act; "unit" means a body of the Home Guard declared to be a unit by the Commander, and "sub-unit", "branch" and "detachment" shall be construed accordingly. (2) For the purposes of this Act and the Defence Act as applied to the Home GuardCap. 106

2. (1) In this Act, unless the context otherwise requires-

(a) a reference to being on duty shall be construed as a reference to being present for the purpose of performing any duty required in accordance with the provisions of this Act; (b) the period during which the whole or a part of the Home Guard is employed under order of the President under section nineteen shall be deemed to begin as soon as the order is made. PART II ESTABLISHMENT OF THE HOME GUARD AND ITS COMMAND AND FUNCTIONS 3. There is hereby established a force to be known as the Home Guard Establishment (in this Act referred to as "the Home Guard"). of the Home Guard 4. The supreme command of the Home Guard shall vest in the President Supreme command of the and he shall hold the office of the Commander-in-Chief of the Home Home Guard Guard. 5. (1) The President may appoint a suitable person as Commander of the Home Guard (hereinafter called "the Commander"). Command of the Home Guard

(2) The Commander shall, subject to the provisions of this Act and subject to the orders and directions of the Minister, have the command, superintendence, direction and control of the Home Guard. (3) The Commander may, subject to the general instructions of the Minister and to the provisions of this Act, from time to time make standing orders for the general management of the members of the Home Guard in relation to their training, arms and accoutrement, clothing and equipment, places of residence, classification of duties, as well as their distribution and inspection, and such other orders and instructions as he may deem expedient for preventing neglect and for promoting efficiency, discipline and good management of the Home Guard.

(4) The Commander may delegate to any officer such duties, functions and powers (other than the power of delegation) as he may from time to time deem expedient. 6. The functions of the Home Guard shall be the defence of the Republic and the maintenance of public order and public safety. 7. Every member of the Home Guard shallFunctions of the Home Guard Duties of members of the Home Guard

(a) perform such duties and carry out such training as may be directed by the officers senior to or placed in command over him; (b) obey and execute promptly all orders lawfully issued to him by the officers senior to or placed in command over him. PART III MEMBERS, ENLISTMENT, ATTESTATION, ETC. 8. (1) The Home Guard shall consist of such number of officers and guardsmen as may from time to time be determined by the President.

Composition of the Home Guard

(2) All the officers and guardsmen shall be liable to serve in any part of Zambia and, in so far as is herein provided, elsewhere. 9. Every member of the Home Guard shall, when on duty, and during any period when the President has ordered employment of the whole or any part of the Home Guard under the provisions of section nineteen, be subject to military law and shall be deemed, as far as may be, a member of the Defence Force(a) (b) if serving as an officer in the Home Guard, as an officer; and otherwise as a soldier: Members of the Home Guard to be members of the Defence Force

Provided that this section shall not render a member of the Home Guard Cap. 106 liable to proceedings for an offence under section seventy-three of the Defence Act (which provides for the punishment under military law of civil offences).

10. (1) A citizen aged between eighteen and forty-five years may enlist Eligibility for in the Home Guard. enlistment (2) A citizen to whom the provisions of subsection (5) of section five of Cap. 121 the Zambia National Service Act apply shall enlist in the Home Guard. 11. Any person authorised in that behalf by the Commander (hereinafter referred to as "a recruiting officer") may enlist recruits in the Home Guard in the prescribed manner. Recruiting officer

12. (1) A person offering to enlist in the Home Guard shall be given a Enlistment notice in the prescribed form setting out the questions to be answered on attestation and stating such other things as may be prescribed, and a recruiting officer shall not enlist any person in the Home Guard unless satisfied by that person that he has been given such a notice, understands it, and wishes to be enlisted. (2) A person on joining the Home Guard shall make the declaration set out in the Schedule. (3) The term for which a person may be enlisted in the Home Guard shall be such term commencing with the date of his attestation as may be prescribed. 13. (1) When a person has made the declaration set out in the Schedule Validity of upon his attestationattestation and enlistment (a) the validity of his enlistment shall not be called in question on the ground of any error or omission in his attestation paper; (b) after the expiration of a period of three months from the date on which he made the said declaration, he shall be deemed to have been validly enlisted, notwithstanding any non-compliance with the requirements of this Act or any regulations made thereunder as to enlistment or attestation or any other ground whatsoever (not being an error or omission in his attestation paper), and he shall be deemed to be a member of the Home Guard until his discharge.

(2) Where a person has received any allowance, including transport fares, without having previously made the declaration set out in the Schedule(a) he shall be deemed to be a member of the Home Guard until discharged; (b) he may claim his discharge at any time, and, if he makes such claim, the claim shall be submitted as soon as may be to the competent authority in the Home Guard who shall, if the claim is well founded, cause him to be discharged with all convenient speed. (3) Nothing in the foregoing provisions of this section shall be construed as prejudicing the determination of any question as to the term for which a person was enlisted or as preventing the discharge of a person who has not claimed his discharge. 14. (1) If a person appearing before a recruiting officer for the purposes False answers of being enlisted in the Home Guard knowingly makes a false answer to in attestation any question contained in the attestation paper and put to him by, or by papers the direction of, the recruiting officer, he shall commit an offence against this section and shall be liable on conviction to a fine not exceeding one thousand penalty units or to imprisonment for a term not exceeding three months, or to both. (As amended by Act No. 13 of 1994) (2) For the avoidance of doubt, it is hereby declared that a person may Cap. 106 be proceeded against under this section notwithstanding that he has since become subject to military law under this Act or the Defence Act. 15. (1) A person who is not a citizen shall not enlist or serve in the Home Guard. Prohibition of non-citizens from enlisting or serving in the Home Guard

(2) If a person who is not a citizen enlists or serves in the Home Guard, he shall be guilty of an offence and shall be liable on conviction to a fine not exceeding one thousand penalty units or to imprisonment for a term

not exceeding three months, or to both. (As amended by Act No. 13 of 1994) PART IV HOME GUARD PROBING COMMITTEE 16. (1) There is hereby established a Home Guard Probing Committee Home Guard (hereinafter referred to as "the Probing Committee"). Probing Committee (2) The Probing Committee shall consist of a chairman and four other members who shall all be appointed by the Minister. (3) A member of the Probing Committee shall be appointed for a period of two years. (4) The functions of the Probing Committee shall be(a) to consider the cases of hardship to individual persons resulting from their liability to join, enlist or continue in the Home Guard; and (b) such other functions as the Minister may prescribe.

(5) Notwithstanding anything to the contrary contained in this Act or any other written law, the Probing Committee may exempt any person or class of persons from liability to join, enlist or continue in the Home Guard. PART V ALLOWANCE, TRAINING, DISCHARGE, ETC. 17. (1) A member of the Home Guard shall not be entitled to any pay Allowance for his service in the Home Guard, but he may be given such allowance as the Minister may prescribe in respect of performance of duty during the period when the President has ordered the employment of the whole or a part of the Home Guard under section nineteen.

(2) Different amounts of allowance may be prescribed in respect of different ranks of members of the Home Guard. 18. (1) Subject to the provisions of this section, every member of the Training Home Guard shall attend for training at such place or places and for such periods as may be determined by the Commander and shall fulfil such conditions relating to training as may be prescribed. (2) The requirements of subsection (1) may be dispensed with in whole or in part with respect to any unit, sub-unit, branch or detachment by the Commander, and with respect to any individual member of the Home Guard by his commanding officer, subject to any general directions of the Commander. 19. (1) Whenever it appears to the President necessary or desirable in the public interest, he may(a) order the employment of the whole or any part of the Home Guard; and (b) order the employment of any member of the Home Guard for service within or, with his consent, outside Zambia. (2) Any member of the Home Guard employed in terms of subsection (1) by reason of an order issued by the President shall remain so employed until released by the President. (3) Every member of the Home Guard may, when undergoing training Cap. 118 under section eighteen, or when employed in terms of subsection (1), be posted or attached to any unit of the Regular Force, any unit, sub-unit, branch or detachment of the Home Guard or the Zambia Combined Cadet Force established under section three of the Combined Cadet Force Act. Discharge 20. (1) Subject to the provisions of this Act, a member of the Home Guard upon becoming entitled to be discharged shall be discharged with all convenient speed, but until discharge shall remain a member of the Home Guard. Embodiment

(2) Except in pursuance of the order of a court-martial, a member of the Home Guard shall not be discharged unless his discharge has been authorised by order of the competent authority in the Home Guard. (3) Subject to the provisions of this Act, a member of the Home Guard shall be entitled to be discharged at any time on complying with the following conditions: (a) giving to his commanding officer three months' notice in writing, or such less notice as may be prescribed, of his desire to be discharged and stating his reasons therefor; and (b) delivering up in good order, fair wear and tear only excepted, all arms, clothing and appointments, being public property issued to him or, in cases where for any good or sufficient cause the delivery of the property aforesaid is impossible, paying the value thereof: Provided that it shall be lawful for the commanding officer, in any case in which it appears that the reasons for which the discharge is claimed are of sufficient urgency or weight, to dispense either wholly or in part with all or any of the provisions of this section. (4) If the commanding officer is of the opinion that the reasons for requesting a discharge given in a notice under paragraph (a) of subsection (3) are frivolous, he shall transmit the notice together with the grounds upon which he formed his opinion to a committee appointed for this purpose by the Minister and(a) if the committee by a majority vote agrees with the opinion of the commanding officer that the reasons given in the notice are frivolous, the member of the Home Guard shall be so informed and, upon communication of such information to the member of the Home Guard, the notice shall not be deemed to be a notice complying with the requirements of paragraph (a) of subsection (3); (b) if the committee by a majority vote disagrees with the opinion of the commanding officer, the reasons given in the notice shall not be considered as frivolous, and the commanding officer shall be so informed and such decision shall be binding on the commanding officer.

(5) Subject to the approval of the Commander, a member of the Home Guard may be discharged by his commanding officer(a) for disobedience to lawful orders while doing any military duty or for neglect of such duty, or for misconduct by him as a guardsman or for other sufficient cause; (b) within one year of the date of his enlistment if, in the opinion of his commanding officer, he is considered either(i) (ii) unlikely to make an efficient member of the Home Guard; or likely to bring discredit upon the Home Guard. Postponement of discharge

21. Where the time at which a member of the Home Guard would otherwise be entitled to be discharged occurs at a time when the Home Guard or any part thereof is employed in terms of section nineteen, he may be required to prolong his service for such further term as the President may order. PART VI DISCIPLINE

22. (1) Any member of the Home Guard who, except with leave Failure to attend lawfully granted or on account of such sickness or such other reasonable on embodiment cause as may be allowed in the prescribed manner, fails to appear at the Cap. 106 time and place appointed for assembly on embodiment in accordance with the directions given under section nineteen shall be guilty, according to the circumstances, of desertion or absence without leave, and on conviction by court-martial shall be punishable as for an offence under section forty-two or, as the case may be, section forty-three of the Defence Act. (2) Sections one hundred and seventy-three and one hundred and seventy-four of the Defence Act shall apply to a deserter or absentee without leave contrary to subsection (1). Cap. 106

(3) Any person who, knowing any guardsman to be a deserter within the Cap. 106 meaning of this Act or the Defence Act, employs or continues to employ the guardsman shall be deemed to aid him in concealing himself and

shall be guilty of an offence and liable on conviction to a fine not exceeding two thousand penalty units or to imprisonment for a term not exceeding six months, or to both. (4) Where a guardsman deserts contrary to subsection (1), the time which elapsed between the time of his desertion and the time of his apprehension or voluntary surrender shall not be taken into account for the purpose of discharge. (As amended by Act No. 13 of 1994) 23. Where a member of the Home Guard, except with leave lawfully Failure to fulfil granted or on account of such sickness or such other reasonable cause as training obligation may be allowed in the prescribed manner, fails to appear at the time and place appointed for his initial or periodical training, or fails to attend the number of drills or instructional parades or to fulfil any other conditions relating to his initial or periodical training which may be prescribed, he shall be guilty of an offence and liable on conviction to a fine not exceeding one hundred penalty units. (As amended by Act No. 13 of 1994) 24. Any person whoPerson causing disaffection amongst members of the Home Guard

(a) causes or attempts to cause or does any act calculated to cause disaffection amongst the members of the Home Guard; or (b) induces or attempts to induce, or does any act calculated to induce, any member of the Home Guard to desert or to commit any breach of discipline; shall be guilty of an offence and liable on conviction to a fine not exceeding five thousand penalty units or to imprisonment for a term not exceeding two years, or to both. (As amended by Act No. 13 of 1994) PART VII MISCELLANEOUS

Membership of the 25. A person shall not, by reason of his membership of the Home Guard, be rendered incapable of being elected or of sitting and voting as Home Guard not a disqualification for a member of the National Assembly.

membership of the National Assembly

26. The units raised, established and the persons enlisted or appointed, Transitional and acts and things done, before the commencement of this Act, by the provisions Government for the purpose of an organisation named the Home Guard shall, from the commencement of this Act, be deemed to have been raised, established, enlisted, appointed or done under this Act. 27. The expenditure incurred in consequence of the coming into operation of this Act shall be charged on the general revenues of the Republic.
Expenditure

28. Nothing in this Act shall exempt any person from being prosecuted Power to prosecute under any other law in respect of any offence made punishable by this under other law not affected Act: Provided that no person shall be punished twice for the same offence on account of the same facts. PART VIII EMPLOYER'S OBLIGATION 29. (1) Any person who, having power to give reasonable facilities to Employer's an employee for enabling him to join, or to do any duty or training in, the obligation Home Guard, refuses to give such reasonable facilities shall be guilty of an offence and liable on conviction to a fine not exceeding two thousand penalty units or to imprisonment for a term not exceeding six months, or to both. (2) Any employer, manager or person in charge of an employee who by words, conduct or otherwise compels, induces or prevails upon such employee to refrain from joining, or doing any service or training in, the Home Guard, shall be guilty of an offence and liable on conviction to a fine not exceeding two thousand penalty units or to imprisonment for a term not exceeding six months, or to both. (As amended by Act No. 13 of 1994) PART IX

REGULATIONS 30. (1) The Minister may, by statutory instrument, make regulations for Regulations the better carrying out of the provisions of this Act and for the good administration and organisation of the Home Guard. (2) Without prejudice to the generality of subsection (1), such regulations may make provisions with respect to all or any of the following matters, that is to say: (a) prescribing anything which under this Act may or is to be prescribed; (b) the constitution, administration, powers, duties and functions of the Home Guard; (c) the recruitment and enlistment of persons into, and the discharge of persons from, the Home Guard; (d) the allowances to be paid to the members of the Home Guard;

(e) the calling out of the members of the Home Guard on service in accordance with section nineteen; (f) the training, including the manner in which notification of the places and times appointed for training is to be given; (g) the description, supply, use and disposal of arms, ammunition, accoutrements, uniforms, emblems and badges of rank; (h) requiring members of the Home Guard to report themselves from time to time; (i) the formation, maintenance, control and administration of units, sub-units, branches and detachments of the Home Guard; (j) the appointments which may be held by members of the Home Guard;

(k) the granting of certificates or other awards to the members of the Home Guard who reach such standards of proficiency in training as may be prescribed; (l) the grant of medals and decorations to members of the Home Guard; (m) the preservation of property of the Government issued to the Home Guard or any part thereof, the determining of responsibility for loss or damage caused to such property and the recovery of compensation for such loss or damage; (n) generally for the good order and management of the Home Guard. PART X APPLICATION OF THE DEFENCE ACT TO THE HOME GUARD 31. (1) Notwithstanding anything contained in the Defence Act, the provisions of Parts I, II, III, V, VI, VII, VIII and XI of that Act shall apply to the Home Guard and to the members of the Home Guard(a) when the President has ordered the employment of the whole or any part of the Home Guard under section nineteen; or (b) when on duty pursuant to any other provisions of this Act.
Cap. 106 Application of the Defence Act. Cap. 106

(2) For the purpose of the application of the Defence Act to the Home Guard and to the members thereof(a) a guardsman shall be deemed a soldier of the Regular Force of the Army; (b) an officer in the Home Guard shall be deemed an officer in the Regular Force of the Army; and (c) ranks of officers in the Home Guard shall correspond to such ranks of officers in the Regular Force of the Army as the Minister may

prescribe. (3) Where there is a conflict, in relation to the Home Guard or members Cap. 106 thereof, between the provisions of this Act and the provisions of the Defence Act, the provisions of this Act shall prevail. 32. (Had its effect)
Dissolution of the Territorial Force. Cap. 106

33. The Territorial Force constituted under the provisions of the Defence Act is hereby dissolved and shall cease to exist as from the commencement of this Act.

SCHEDULE (Sections 12 and 13) THE HOME GUARD ACT DECLARATION I, ................................................................................................., *do swear by Almighty God/do solemnly and sincerely declare and affirm that I will be faithful and bear true allegiance to the President of the Republic of Zambia, that during my service with the Home Guard I will preserve, protect and defend the Constitution of Zambia, as by law established, and will obey all lawful orders of the President and of all officers placed over me and will subject myself to all written law relating to the Home Guard. ........................................................................ Signature or Thumbprint of the member of the Home Guard *Sworn or Declared and Affirmed at ............................................................................... this ...................................................... day of ........................................................ 19.......... Before me ............................................................ Commanding Officer, the Home Guard *Delete whichever is inapplicable

CHAPTER 123 THE IMMIGRATION AND DEPORTATION ACT

ARRANGEMENT OF SECTIONS

PART I PRELIMINARY Section 1. 2. 3. Short title Interpretation Application

PART II APPOINTMENTS AND POWERS 4. 5. 6. 7. 8. Appointment of Chief Immigration Officer, etc. Delegation of powers of Chief Immigration Officer Powers of arrest of immigration assistants Powers of search, etc. Liability of carriers, etc., introducing prohibited immigrants

PART III EXAMINATION OF PERSONS LEAVING ZAMBIA AND OTHERS 9. 10. 11. 12. 13. ENTERING AND

Entrants to appear before immigration officer Examination of entrants and others Certain visitors to reappear before immigration officer Security may be required from entrants Examination of persons leaving Zambia

PART IV ISSUE, VARIATION AND REVOCATION OF PERMITS 14. 15. 16. 17. 18. 19. 20. 21. Entry permits Visiting permits Study permits Temporary permits Employment permits Prohibition on employment, study, etc., without permit Variation of conditions of permits Revocation of permits

PART V PROHIBITED IMMIGRANTS AND DEPORTATION

22. 23. 24. 25. 26.

Prohibited immigrants Prohibited immigrants required to leave Zambia Representations against requirement to leave Zambia Suspected prohibited immigrants Deportation

PART VI MISCELLANEOUS 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. Evidence Burden of proof Offences Penalty Regulations Rules Certificates for established residents Service of notice Reasons to be given for arrests or detention Detention

PART VII REPEALS AND SAVINGS 37. 38. Repeals Savings

FIRST SCHEDULE-Classes of persons who may be issued with entry permits SECOND SCHEDULE-Classes of prohibited immigrants

CHAPTER 123

IMMIGRATION AND DEPORTATION

An Act to regulate the entry into and the remaining within Zambia of immigrants and visitors; to provide for the removal from Zambia of criminals and other specified persons; and to make provision for matters incidental to the foregoing. 25 of 1997 [21st February, 1967] PART I PRELIMINARY
Short title 1. This Act may be cited as the Immigration and Deportation (Amendment) Bill, 1997, and shall be read as one with the Immigration Cap. 123 and Deportation Act, in this Act referred to as the principal Act..

29 of 1965 16 of 1967 20 of 1967 31 of 1972 Act No. 13 of 1994

2. In this Act, unless the context otherwise requires"Chief Immigration Officer" means the person appointed as Chief Immigration Officer in accordance with section four; "citizen" means a citizen of Zambia; "educational institution" means a prescribed institution or one of a prescribed class of institutions the primary function of which is to provide academic or other instruction; "entry permit" means a permit issued under section fourteen; "established resident" means, in relation to any date, a person who is not a citizen or a prohibited immigrant and who has been ordinarily and lawfully resident in Zambia or the former Protectorate of Northern Rhodesia or both for the period of four years immediately preceding that date: Provided that no period during which a person(i) has been confined in a prison consequent on a sentence of

Interpretation

imprisonment imposed by a court, which sentence has not on appeal or review been quashed or varied to a fine; (ii) has been an inmate of a mental institution; or

(iii) has remained in Zambia or the former Protectorate of Northern Rhodesia or both as a visitor or in terms of a statutory permit allowing such person for a limited period only so to remain; shall be counted for the purpose of this definition; "immigration assistant" means a person appointed as an immigrant assistant in accordance with section four; "immigration officer" means any person appointed as an immigration officer in accordance with section four and includes the Chief Immigration Officer and, in relation to the exercise of any power or the performance of any duty, any person on whom such power or duty has been conferred or imposed under that section; "minor child" includes any child adopted under the Adoption Act and any other person under the age of twenty-one years whom the Minister has in writing declared to be a minor child for the purposes of this Act, but does not include a married woman; "passport" means a passport or other travel document of identity(a) (i) issued by or on behalf of the Government of Zambia, the former Protectorate of Northern Rhodesia, the former Federation of Rhodesia and Nyasaland or any sovereign state recognised by the Government of Zambia or issued by the United Nations Organisation; (ii) which contains a personal description of the holder, the name of the country in which he was born and the date of his birth; (iii) to which is attached a photograph being a true likeness of the holder wherein his features are clearly and correctly depicted; and (iv) which, except where a visa is dispensed with in pursuance of an arrangement to which the
Cap. 54

Government is a party, bears the visa or endorsement of a person authorised by the Government to that end; or

(b)

of a type prescribed;

"prohibited immigrant" means a person described in section twenty-two as a prohibited immigrant in relation to Zambia; "study permit" means a permit issued under section sixteen; "subordinate court" means a court constituted under the Subordinate Courts Act; "temporary permit" means a permit issued under section seventeen to a prohibited immigrant. 3. (1) Subject to subsection (2), Parts III, IV and V shall not apply to(a) any person duly accredited to Zambia by or under the authority of the government of any sovereign state; (b) any person who under any written law is entitled to any diplomatic immunities and privileges by reason of his association with an organisation of which the Republic or the Government and one or more other states or the government or governments thereof are members; (c) any member of the official staff or of the household of a person described in paragraph (a) or (b); (d) any citizen or established resident;
Application Cap. 28

(e) any wife or minor child of a person described in paragraph (a), (b), (c) or (d); and such persons shall be entitled to enter and re-enter into and to remain within Zambia.

(2) Notwithstanding the provisions of subsection (1), Parts III, IV and V shall apply to any person(a) arriving in or departing from Zambia until he satisfies an immigration officer that he is a person to whom subsection (1) relates; or (b) who is an established resident for the purpose of the exercise by the Minister of his powers under section twenty-two or twenty-six. PART II APPOINTMENTS AND POWERS 4. (1) There shall be appointed as public officers a Chief Immigration Officer and such immigration officers and immigration assistants as shall be necessary for the proper administration of this Act. (2) The Minister may by order confer all or any of the powers and impose all or any of the duties of an immigration officer under this Act upon any public officer or class of public officers. 5. (1) The Chief Immigration Officer may, in writing and subject to such restrictions, reservations, exceptions and conditions as he may think fit, delegate to an immigration officer, immigration assistant all or any of the powers conferred upon him by or under this Act: Provided that no such delegation shall prevent the exercise by the Chief Immigration Officer of any delegated power. (2) The Chief Immigration Officer may at any time in writing revoke or vary his delegation under subsection (1) of all or any of the powers included within such delegation. (As amended by Act No. 25 of 1997) 6. An immigration officer may, without a warrant, arrest any person he Powers of arrest of reasonably suspects to be a prohibited immigrant or to be contravening immigration
officer Delegation of powers of Chief Immigration Officer Appointment of Chief Immigration Officer, etc.

any provision of this Act. (As repealed and replaced by Act No. 25 of 1997)

7. For the purpose of discharging his functions under this Act, an immigration officer may(a) without warrant stop, enter and search any aircraft, train, vehicle or vessel in Zambia; (b) require the person in charge of any aircraft, train, vehicle or vessel arriving in Zambia to furnish a list of the names of all persons in the aircraft, train, vehicle or vessel, as the case may be, and such other prescribed information as it is within the power of such person to furnish; and (c) with a warrant, issued by any court, enter any premises or dwelling house which he reasonably suuspects to have evidence in connection with contravention of any provision of this Act. 7A. (1) Any person visiting Zambia, whom an immigration officer suspects to have committed an offence under this Act, shall give his name and address to an immigration officer on request. (2) An immigration officer may, without a warrant, arrest any person referred to in subjection (1) if that person refuses or fails to furnish the immigration officer with his name and address. (As amended by Act No. 25 of 1997) 8. (1) The person in charge of any aircraft, train, vehicle or vessel bringing into Zambia any person found, on appearing before an immigration officer in accordance with section nine, to be a prohibited immigrant and the owners, agents and charterers of such aircraft, train, vehicle or vessel shall, upon being required by an immigration officer to remove such prohibited immigrant from Zambia, be responsible for such removal as soon as practicable thereafter and in default thereof shall be jointly and severally liable to pay to the Government all expenses incurred by the Government in connection with the removal of such prohibited immigrant from Zambia. (2) The amount of such expenses shall be recoverable in an action brought in the name of the Chief Immigration Officer.

Powers of search, etc.

Powers of arrest

Liability of carriers, etc., introducing prohibited immigrants

PART III EXAMINATION OF PERSONS LEAVING ZAMBIA AND OTHERS ENTERING AND

9. (1) Every person who arrives in Zambia by air-

Entrants to appear before immigration officer

(a) at any prescribed airport and intends to leave the precincts of such airport shall forthwith appear before an immigration officer; (b) at any place other than a prescribed airport shall forthwith proceed to and appear before the nearest immigration officer. (2) Every person who enters Zambia by inland waters or overland shall forthwith proceed to and appear before the nearest immigration officer. 10. (1) An immigration officer may examine any person appearing before him in accordance with the provisions of section nine and any person whom he reasonably suspects to be a prohibited immigrant for the purpose of ascertaining in relation to such person(a) (b) (c) (d) his identity; the objects of his entry into Zambia; the nature of his claim to remain in Zambia; and whether he is a prohibited immigrant.
Examination of entrants and others

(2) For the purpose described in subsection (1), an immigration officer may require any person to whom that subsection relates(a) (b) to produce his passport; to make such declaration as may be prescribed;

(c) to produce documentary or other evidence relative to his claim to enter or remain in Zambia; and (d) in writing or otherwise to answer such questions as the immigration officer may put to him. 11. An immigration officer may by notice in writing require any person(a) (b) not being the holder of a permit to remain in Zambia; or being the holder of a visiting permit issued under section fifteen;
Certain visitors to reappear before immigration officer

to appear before an immigration officer at such place and within such time as may be specified in the notice. 12. (1) The Chief Immigration Officer may require in respect of any person entering Zambia, as a condition of his remaining therein, the deposit of a sum of money or the furnishing of such guarantee as the Chief Immigration Officer may accept in lieu of such deposit. (2) The Chief Immigration Officer shall specify(a) the sum of money to be deposited or guaranteed; and
Security may be required from entrants

(b) the period not exceeding four years for which the deposit or guarantee is required. (3) Any sum deposited or guaranteed in accordance with this section may be applied by the Chief Immigration Officer to meet any expenditure incurred by the Government within the specified period in connection with the care, treatment or maintenance within or the removal from Zambia of the person concerned. (As amended by Act No. 25 of 1997) 13. (1) Every person departing from Zambia, except in direct transit through Zambia by air having not left the precincts of a prescribed airport, shall appear before an immigration officer. (2) The immigration officer may require such personExamination of persons leaving Zambia

(a) to produce his passport and any permit issued to him under this Act and to surrender any such permit which is no longer valid; (b) to make and sign such declaration as may be prescribed;

(c) in writing or otherwise to answer such questions relating to his identity or departure as may be put to him by the immigration officer. PART IV ISSUE, VARIATION AND REVOCATION OF PERMITS 14. (1) On application being made in the prescribed manner, the Chief Entry permits Immigration Officer may issue an entry permit to any person who he is satisfied(a) is not a prohibited immigrant; (b) has an adequate knowledge of any language commonly used by the indigenous inhabitants of Zambia which may be prescribed, or of English; (c) intends to remain in Zambia for a period in excess of three months; (d) belongs to a class set out in the First Schedule; and (e) is an investor holding an employment permit for a period exceeding three years or is an established resident or a child or dependent under the age of twenty-one years or a spouse of the investor or established resident. (2) The Chief Immigration Officer shall issue an entry permit to any person in respect of whom the Minister directs that such permit be issued. (3) The holder of an entry permit shall not for gain engage in any occupation other than an occupation specified in such permit. (4) Subject to the provisions of this Act and regulations made thereunder, an entry permit shall authorise the holder-

(a) for gain to engage, by employment under an employer resident in Zambia or otherwise, in such occupation as may be specified therein; and (b) until he becomes a citizen by registration, to enter and re-enter into and to remain within Zambia. (5) An entry permit shall cease to be valid if the holder(a) fails to enter Zambia within six months of the date of issue of the permit or such later date as the Chief Immigration Officer may endorse thereon; (b) is absent from Zambia for a period in excess of six months without notifying the Chief Immigration Officer in writing that he proposes to return to Zambia; or (c) is absent from Zambia for any period in excess of twelve months. (6) A person issued with an entry permit under subsection (1), shall notify the nearest immigration office of any change of address. (As amended by No. 16 of 1967 and Act No. 25 of 1997) 15. (1) On application being made in writing, an immigration officer may issue a visiting permit to any person(a) whose presence in Zambia is or is likely to become unlawful by virtue of his remaining therein for a period or periods totalling not less than three months in any period of twelve months; (b) who save as provided by paragraph (a) is not a prohibited immigrant; and (c) who is not the holder of any other permit to remain in Zambia.
Visiting permits

(2) A visiting permit shall specify the period of its validity, being a period not exceeding three months from the date of issue of such permit but capable of extension for further successive periods not exceeding

three months each to a maximum period of twelve months from such date of issue. (3) Subject to the provisions of this Act and regulations made thereunder, a visiting permit shall authorise the holder to enter and re-enter into and to remain within Zambia until such permit expires. 16. (1) On application being made in the prescribed manner, the Chief Study permits Immigration Officer shall issue a study permit to any person who he is satisfied(a) is not a prohibited immigrant; and

(b) has been accepted for instruction by an educational institution in Zambia. (2) A study permit shall specify the educational institution to which it relates and, subject to the provisions of this Act and regulations made thereunder, shall authorise the holder to study at that institution and to enter and re-enter into and to remain within Zambia while under instruction at that institution and for such period thereafter as would reasonably enable him to depart from Zambia. 17. (1) An immigration officer may issue a temporary permit to a prohibited immigrant. (2) An immigration officer shall issue a temporary permit to any person in respect of whom the Minister directs that such permit be issued. (3) An immigration officer may as a condition precedent to the issue of a temporary permit require a prohibited immigrant to deposit such sum, not being greater than a prescribed amount, as he or, in the case of a person to whom subsection (2) relates, the Minister may think fit for the purpose of securing compliance with the conditions specified in the permit and, if any such condition is not complied with, a subordinate court may, on application by an immigration officer and subject to any rules made under this Act, declare such sums to be forfeited. (4) A temporary permit shall specifyTemporary permits

(a) such prescribed conditions for observance by the holder as the immigration officer thinks fit; and (b) the period of its validity:

Provided that no period in excess of thirty days shall be specified without the approval of the Chief Immigration Officer or in any case in excess of two years. (5) Subject to the provisions of this Act and regulations made thereunder and to the conditions therein specified, a temporary permit shall authorise the holder to enter and re-enter into and to remain in Zambia until such permit expires. 18. (1) On application being made in the prescribed manner, the Chief Employment permits Immigration Officer shall issue an employment permit to any person outside Zambia who he is satisfied(a) is not a prohibited immigrant; (b) belongs to Class A of the First Schedule; (c) is an investor under any law in Zambia; (d) is employed by the Government of the Republic of Zambia or statutory body; or (e) is a volunteer or missionary.

(2) The Chief Immigration Officer shall, if so directed by the Minister, issue an employment permit to any person within Zambia who would be eligible under subsection (1) for such a permit if he were outside Zambia. (3) An employment permit shall specify(a) such conditions for observance by the holder, if any, as to the

area within which the holder may engage in employment and the nature of the employment in which he may engage as the Chief Immigration Officer thinks fit; and (b) the period of its validity.

(4) The period of validity of an employment permit in any case shall be such period from the date of its issue as the Chief Immigration Officer, having regard to all the circumstances of the case, thinks fit, and shall be capable of extension for a further period or periods to a maximum of five years from the date of its issue. (5) Subject to the provisions of this Act and regulations made thereunder and to any conditions specified in an employment permit, such permit shall authorise the holder(a) to engage in paid employment under an employer resident in Zambia; and (b) to enter and re-enter into and to remain within Zambia until such permit expires. (6) An employer shall, on the termination of an employment contract or the resignation or dismissal of an employee who was issued with an employment permit under subsection (1), surrender the employment permit to the Chief Immigration Officer within one month of the termination, resignation or dismissal. (7) Any employer who contravenes the provisions of subsection (6), shall be guilty of an offence and shall be liable, upon conviction, to a fine not exceeding three thousand penalty units or to imprisonment for a term not exceeding one year or to both. (As ameded by Act No. 16 of 1967 and Act No. 25 of 1997)) 19. (1) Save under permit issued in accordance with the provisions of this Act authorising such employment, no person shall engage in paid employment under an employer resident in Zambia.
Prohibition on employment, study, etc., without permit

(2) Save in accordance with an entry permit, no person shall for gain engage in any prescribed trade, business or other occupation.

(3) A person shall not commence any course of study at an educational institution unless he is the holder of a valid entry permit or study permit. 20. On application being made in the prescribed manner by the holder Variation of conditions of of a permit issued under this Act, and subject to the provisions of this Act and regulations made thereunder relating to such permit, the Chief permits Immigration Officer may vary the conditions and the period of validity, if any, specified in such permit. 21. (1) The Chief Immigration Officer may by notice in writing revoke Revocation of permits any permit issued under this Act if he is satisfied that the holder(a) has contravened any provision of this Act or regulations made thereunder or has failed to comply with any requirement made under this Act or such regulations; (b) obtained such permit by means of any representation which was false in any material particular or by means of the concealment of any material information; (c) has failed to observe any condition specified in such permit;

(d) has become or is likely to become a charge on the Republic in consequence of his failure to support himself and such of his dependants as may be in Zambia; or (e) of an employment permit has had the permit surrendered by the employer under subsection (6) of section eighteen; and (2) A notice to revoke a permit referred to in subsection (1), shall be served in person on the holder of the permit and it shall specify(a) the permit to be revoked; (b) the grounds on which the permit is being revoked.

(3) Every permit, other than a temporary permit, issued under this Act to a prohibited immigrant shall be of no force and effect and shall be deemed never to have been so issued.

(4) Every permit, other than a temporary permit, issued under this Act to a person who thereafter becomes a prohibited immigrant shall cease to be of force and effect at such time as the holder became a prohibited immigrant. (As amended by Act No. 25 of 1997) PART V PROHIBITED IMMIGRANTS AND DEPORTATION 22. (1) Any person who belongs to a class set out in the Second Schedule shall be a prohibited immigrant in relation to Zambia. (2) Any person whose presence in Zambia is declared in writing by the Minister to be inimical to the public interest shall be a prohibited immigrant in relation to Zambia. (3) Save as provided in section seventeen, the presence within Zambia of any prohibited immigrant shall be unlawful. (4) An immigration officer may take or cause to be taken in his presence for the purposes of record and identification the measurements, photograph, finger and palm prints of any prohibited immigrant: Provided that all records of such measurements, photograph, finger and palm prints shall be destroyed or handed over to a person who an immigration officer is satisfied has ceased to be a prohibited immigrant and who makes application in that behalf. (5) Notwithstanding the provisions of subsection (1), the Minister may in the prescribed manner exempt any person from all or any of the classes set out in the Second Schedule and, unless and until such exemption is in like manner revoked, such person shall be deemed not to belong to such class or classes. 23. (1) Any immigration officer may or, if so directed by the Minister
Prohibited Prohibited immigrants

in the case of a person to whom subsection (2) of section twenty-two relates, shall by notice served in person on any prohibited immigrant require him to leave Zambia. (2) Any notice served in accordance with the provisions of subsection (1) shall specify in relation to the person on whom it is served(a) the class set out in the Second Schedule to which it is considered he belongs or that he is a person to whom subsection (2) of section twenty-two relates; (b) (c) the period within which he is required to leave Zambia; and the route by which he shall travel in leaving Zambia.

immigrants required to leave Zambia

(3) The period within which a person shall be required to leave Zambia shall, except in the case of a person who within seven days of his appearing before an immigration officer in accordance with section nine has been served with a notice under this section, be not less than forty-eight hours and shall commence(a) in the case where such person does not make representations under this Act, from the time he is served with such notice requiring him to leave Zambia; or (b) in the case where such person makes representations in accordance with this Act, from the time he is advised that his representations have been unsuccessful. (As amended by No. 16 of 1967) 24. (1) Any person required by notice under section twenty-three to leave Zambia who on receipt of such notice has lawfully remained in Zambia longer than seven days may, within forty-eight hours of receiving such notice, deliver to any immigration officer, police officer or prison officer written representations to the Minister against such requirement and such representations shall be placed before the Minister without delay. (2) If, after considering such representations, the Minister does not think fit to exercise his powers in relation to the issue of permits or the
Representations against requirement to leave Zambia

exemption of persons from the classes set out in the Second Schedule, the person who made such representations shall be notified that his representations have been unsuccessful. 25. (1) Any person in respect of whom there are reasonable grounds for Suspected prohibited suspecting that he is a prohibited immigrant may be detained by an immigration officer for such reasonable period, not exceeding fourteen immigrants days, as may be required for the purpose of making inquiries relating to such person. (2) Any person whom an immigration officer reasonably suspects by virtue of any physical or mental condition to be a prohibited immigrant may be required by an immigration officer to submit to examination by a prescribed medical practitioner and for the purpose of such examination to answer such questions and undergo such tests as the medical practitioner may think fit. (3) Any person whom an immigration officer reasonably suspects to be a prohibited immigrant belonging to Class C of the Second Schedule may be required by the immigration officer to submit to the taking of his measurements, photograph and his finger and palm prints: Provided that all records of such measurements, photograph, finger and palm prints shall be destroyed or handed over to such person if he is found not to be a prohibited immigrant and makes application in that behalf. 26. (1) After receiving the particulars under section thirty-three of the Penal Code, in respect of a person who is not a citizen, the Minister (unless the term of imprisonment is set aside on appeal) shall, at the expiration of the sentence, pursuant to a warrant under his hand deport such person from Zambia. (2) Any person who in the opinion of the Minister is by his presence or his conduct likely to be a danger to peace and good order in Zambia may be deported from Zambia pursuant to a warrant under the hand of the Minister. (3) Any prohibited immigrant whoDeportation Cap. 87

(a) having been required under section twenty-three to leave Zambia, fails to do so within the prescribed period; or (b) fails to comply with any condition specified in a temporary permit issued to him; may without warrant be arrested, detained and deported from Zambia by an immigration officer or police officer. (4) An immigration officer may without warrant arrest, detain and deport from Zambia any person whom, within seven days of such person appearing before an immigration officer in accordance with section nine, he reasonably believes to be a prohibited immigrant(a) who is not the holder of a valid temporary permit;

(b) who has not been served with a notice under section twenty-three requiring him to leave Zambia; and (c) with respect to whom the procedure provided in section twenty-three is inadequate to ensure the departure from Zambia of such person. (5) Any warrant issued under this section shall be sufficient authority for(a) the detention of the person named therein pending completion of the arrangements for his deportation from Zambia at the first reasonable opportunity; and (b) the removal from Zambia in custody or otherwise of such person. (6) For the purpose of establishing in relation to a person liable to be deported under this section his identity, his citizenship and the country of his origin, an immigration officer may require such person(a) in writing or otherwise to answer such questions as the immigration officer may put to him; and

(b) to produce any passport and any other pertinent document in his possession. (As amended by No. 16 of 1967 and No. 31 of 1972) PART VI MISCELLANEOUS 27. Any document purporting to be(a) a warrant, notice, permit, certificate or other document properly issued under this Act; or (b) a certified true copy of any record kept by the Chief Immigration Officer; shall, in any prosecution or other proceeding under or arising out of this Act, be prima facie evidence of the facts contained therein and shall be receivable in evidence without proof of the signature or the official character of the person appearing to have signed or certified the same: Provided that the court before which the proceeding is brought may direct that oral evidence be brought relating to such facts, signature or official character. 28. In any proceedings under or for any of the purposes of this Act, the Burden of proof burden of proving with respect to any person(a) his status as a person to whom the provisions of section three relate; or (b) that he is the holder of any permit issued under this Act or has been exempted under this Act from any provision thereof; shall be upon such person. 29. (1) Any person having been required by notice under section twenty-three to leave Zambia within a specified period who wilfully remains in Zambia after the expiry of such period shall be guilty of an offence. (2) Any person entering into or departing from Zambia who is required by section nine or thirteen to appear before an immigration officer and Offences
Evidence

who fails to comply with the provisions of either of these sections shall be guilty of an offence. (3) Save under temporary permit, any person who belongs to Class C of the Second Schedule and who returns to Zambia shall be guilty of an offence. (4) Any person who fails to comply with any lawful requirement made in accordance with the provisions of section seven shall be guilty of an offence. (5) Any person who assaults, resists or wilfully obstructs any immigration officer in the due execution of his duty or any person acting in aid of such officer shall be guilty of an offence. (6) Any person who employs another knowing that that other is a person prohibited under subsection (1) of section nineteen from engaging in his employ shall be guilty of an offence. (7) Any person who wilfully and with intent to conceal his identity, citizenship or country of origin(a) fails to comply with a lawful requirement made under subsection (6) of section twenty-six; or (b) when required under subsection (6) of section twenty-six to answer questions put to him, makes any representations by words, writing or conduct of a matter of fact, which representation is false in fact; shall be guilty of an offence. (8) Any person who left Zambia as a prohibited immigrant under section twenty-two or who was deported under section twemty-six and who unlawfully returns to Zambia shall be guilty of an offence. (9) Any person who assists any other person whose entry into or presence in Zambia, is in contravention of this Act, shall be guilty of an offence if he(a) harbours that person;

(b) makes a false statement; (c) forges or unlawfully alters any permit, travel document or certificate; (d) uses any permit, or certificate knowing it to be forged; or (e) utters or uses any permit, or travel docuement or certificate which he is not entitled to use. (10) An immigration officer who knowingly facilitates the entry into, or the remaining in Zambia, of any person in contravention of this Act, shall be guilty of an offence. (As amended by No. 16 of 1967 and Act No. 25 of 1997))

30. (1) Any person who contravenes the provisions of this Act shall be Penalties guilty of an offence and shall, unless otherwise specifically provided, be liable, on conviction, to a fine not exceeding six thousand penalty units or to imprisonment for a term not exceeding three years or to both. (2) Where any persons is summoned under this Act to appear before a subordinate court or is arrested or informed by an immigration officer or a police officer that proceedings will be instituted against him, that person may, before appearing in court to answer the charge against him, sign and deliver to the prescribed officer an admission of guilt form set out in Form 21 of the First Schedule set out in the Appendix to this Act. (3) Where any person admits, in accordance with subsection (2), that he is guilty of the offence charged, the procedure set out in section one hundred and twenty-one of the Criminal Procedure Code shall, with the Cap. 88 necessary modifications, apply. (4) Any person who is found in possession of more than one passport or travel document of identity without authority or who does not have dual nationality, shall be guilty of an offence and shall be liable, upon conviction, to a fine not exceeding five thousand penalty units or to imprisonment for a term not exceeding three years or to both. (5) Any person who contravenes subsection (1) of section twenty-nine shall be guilty of an offence and liable upon conviction to a fine of sixty penalty units for each day overstayed or to imprisonment for a term equal to the number of days overstayed. (6) Any person who contravenes subsection (8) of section twenty-nine shall be liable upon conviction, to a term of imprisonment not exceeding

five years. (7) An immigration officer who contravenes subsection (9) of section twenty-nine shall be liable upon conviction to a term of imprisonment not exceeding three years. (As amended by No. 13 of 1994 and As repealed and replaced by Act No. 25 of 1997) 30A. (1) Where any person is convicted under the provisions of this Act of(a) entering or attempting to enter, depart or attempt to depart from Zambia; or (b) assisting any person to enter or depart from Zambi; or (c) conveying or attempting to convey any person into or out of Zambia; in contravention of the provisions of this Act, the court may order that any vehicle, aircraft, boat or any other mode of transport used for the purpose of or in connection with the commission of the offence shall be forfeited to the State: Provided that, if it is proved that such vehicle, aircraft or boat is not the property of the person convicted and that its owner was(a) unaware that the vehicle, aircraft or boat, as the case may be, was being used for that purpose; or (b) unable to prevent its use for the purpose of or in connection wtih the commission of the offence; the court shall not make the order to forfeit such vehicle, aircraft , boat or any other mode of transport. (2) Where an Immigration Officer has reasonable grounds to believe that any vehicle, aircraft or boat which is liable to forfeiture under the provisions of subsection (1) is likely to be removed from Zambia unless it is detained, he may, subject to the provisions of subsection (1), seize and detain any such vehicle, aircraft, boat or any other mode of transport so that the court may make a decision in accordance with the provisions of subsection (1). (As amended by Act No. 25 of 1997) 31. The Minister may, by statutory instrument, make regulations for Regulations
Forfeiture of vehicles, aircraft or boats

the better carrying out of the provisions of this Act and, without prejudice to the generality of the foregoing, such regulations may make provision for(a) Act; anything which is to be or which may be prescribed under this

(b) the form of warrants, permits, notices, certificates or other documents to be used for the purposes of this Act; (c) Act; the fees to be paid for any permit or certificate issued under this

(d) the issue of passes to any person departing from Zambia for the purposes of facilitating his re-entry into Zambia, and the fees to be paid for such passes; and (e) the places at which immigration controls shall be situated and the hours during which such controls shall operate. 32. The Chief Justice may, by statutory instrument, make rules Rules providing, with respect to applications for forfeiture made under section seventeen, for(a) the procedure and practice of subordinate courts, the forms to be used therein, the fees payable and the costs and charges to be allowed to legal practitioners practising therein; (b) the proper and effectual exercise of jurisdiction by subordinate courts; and (c) the procedure and practice relating to appeals from subordinate courts. 33. As repealed by Act No. 25 of 1997 34. Any written notice required under this Act to be served in person on any person may, if such person cannot be found, be published in the Gazette and shall be deemed to have been duly and properly served on the commencement of the day following the day of such publication. 35. (1) Every person arrested or detained under the provisions of this Act shall be informed as soon as reasonably practicable in a language that he understands of the reason for his arrest or detention. (2) Notwithstanding the provisions of subsection (1), no person shall be entitled to be informed as to the grounds on which the Minister has made any decision under section twenty-two or twenty-six relating to him. Service of notice

Reasons to be given for arrests or detention

36. (1) An immigration officer who detains any person under the Detention provisions of section twenty-five or twenty-six may by warrant under his hand cause such person to be detained in a place described in subsection (2). (2) The public officer in charge of any place specially provided for the detention of persons for the purposes of this Act, any prison or any other place where facilities exist for the detention of persons, shall receive into his custody any person with respect to whom a warrant has been issued under section twenty-six or subsection (1) of this section. (3) Any person detained under this Act and not serving a sentence of imprisonment shall be treated as a person awaiting trial. PART VII REPEALS AND SAVINGS 37. (1) The Immigration Act, 1954 and the Deportation Act, 1954 and the regulations made under those Acts are hereby repealed. Repeals

(2) Notwithstanding the provisions of section fourteen of the Cap. 2 Interpretation and General Provisions Act, any right or privilege acquired or accrued under section thirteen of the Immigration Act, 1954, or under section six of the Deportation Act, 1954, shall be deemed to have lapsed and ceased to have effect immediately upon the commencement of this Act. (As amended by No. 20 of 1967) 38. (1) Every permit, warrant, direction, certificate, notice or other document and every order of deportation and every security which was valid immediately prior to the commencement of this Act and(a) that was issued, made, granted or given under the laws repealed by this Act; or (b) Act; the effect of which was preserved under the laws repealed by this Savings

shall be given effect as if issued, made, granted or given under this Act. (2) Any person who before the commencement of this Act was deported or removed from, required to leave or prohibited from entering into or remaining within the former Protectorate of Northern Rhodesia, or the former Federation of Rhodesia and Nyasaland, under any law of the said Protectorate or Federation in force at the time shall be deemed to have been deported or removed from, required to leave, or prohibited from entering into or remaining within, as the case may be, Zambia. (3) Any person who(a) on or before the 31st December, 1963, entered the former Protectorate of Northern Rhodesia from the Colony of Southern Rhodesia or the former Protectorate of Nyasaland; (b) at the time of that entry was lawfully resident without a permit in the former Federation of Rhodesia and Nyasaland; and (c) was on the 1st January, 1964, ordinarily resident in Zambia;

shall be deemed to have been lawfully resident in Zambia on the 1st January, 1964, and not thereafter to have become a prohibited immigrant of Class E of the Second Schedule. (As amended by No. 16 of 1967)

FIRST SCHEDULE
(Sections 14 and 18)

CLASSES OF PERSONS WHO MAY BE ISSUED WITH ENTRY PERMITS

Class A Any person who intends for gain to engage in any trade, business, profession, employment or other occupation(i) for which he is fitted by virtue of his academic or professional qualifications, standard of education, skill and financial resources; (ii) in which, having regard to the productivity and efficiency of the persons already engaged therein, there is not already a sufficient number of persons engaged or available in Zambia to meet the requirements of the inhabitants of Zambia; and (iii) which is likely to be of benefit to the inhabitants generally of Zambia. Class B Any person(i) who has in his own right and at his full and free disposition for use in Zambia such financial resources as shall be sufficient to maintain him; and (ii) whose presence in Zambia is likely to be of benefit to the inhabitants generally of Zambia. Class C Any forebear, parent, wife, minor child or grandchild of a person who is dependent on that person if such person(i) (ii) (iii) is the holder of a valid entry permit; is capable of maintaining such dependant; and undertakes such maintenance.

Class D Any forebear, parent or grandchild of a person who is dependent on that person if such person(i) (ii) (iii) is a citizen or established resident; is capable of maintaining such dependant; and undertakes such maintenance.

APPENDIX

(Sections 11 and 14) FIRST SCHEDULE (Section 30) Form 21

ADMISSION OF GUILT FORM THE PEOPLE VERSUS................................................................................................................................... WITH REFERENCE to the charge of........................................................................................................... ............................................................................................................................................................................ . in answer to which I have been required to appear before the Subordinate Court (Class):..........................................................on the.............................................................................19........... I hereby admit that I am guilty of the offence charged and request that sentence may be passed in my absence. I deposit herewith(a) the sum of ...............................................................................................................................Kwacha being the maximum amount of the fine which may be imposed on me by the Court. I have received a notice and statement of facts relating to the charge referred to above (which has been interpreted and explained to me). Signature......................................................................... or thumb print.................................................................

(As amended by Act No. 25 of 1997)

SECOND SCHEDULE
(Section 22)

CLASSES OF PROHIBITED IMMIGRANTS

Class A Any person who is infected or inflicted with or is a carrier of a prescribed disease and Persons who is capable or likely to become capable of infecting any other person with such disease capable of or of transmitting to him such disease. transmitting a prescribed disease Class B Any prostitute or person who in Zambia has knowingly lived wholly or in part on the Prostitutes, earnings of prostitution or has procured any other person for immoral purposes. etc. Class C Any person who under any law in force at the time has been deported or removed from, required to leave, or prohibited from entering into or remaining within Zambia; Persons previously deported or barred from the country

Provided that a person with respect to whom an immigration officer is satisfied that the ground on which he was so dealt with no longer applies to him shall not belong to this Class. Class D Any person in Zambia with respect to whom a permit to remain in Zambia has been revoked or has expired. Persons whose permits to remain in Zambia become invalid

Class E Visitors who are (i) is likely to become a charge on the Republic in consequence of his inability to support himself and any of his dependants in Zambia and to provide for the removal of likely to be a himself and such dependants from Zambia; charge on (ii) has contravened any provision of this Act or regulations made thereunder or has the failed to comply with any lawful requirement made under this Act or such regulations; Republic (iii) remains in Zambia for a period or periods totalling not less than three months in or who contravene any period of twelve months; or this Act, (iv) has made any false representation to or concealed any information from an etc. immigration officer which is relevant to his entry into or presence within Zambia. Any person, not being the holder of a valid permit to remain in Zambia, whoClass F Any person appearing before an immigration officer on entering Zambia who is of the Persons apparent age of sixteen years or more and who, on demand by the immigration officer, entering fails to establish that he is the holder of a valid passport. without proper travel documents Class G Any person entering Zambia who is required under section 11 to appear before an immigration officer and who fails to comply with the provisions of that section. Persons who fail to report to an immigration officer on entering Zambia

Class H Any person who(a) before entering Zambia has been sentenced elsewhere than in Zambia to a term of imprisonment following on his conviction of an offence; and (b) in the opinion of the Chief Immigration Officer is not of good character. Persons with previous convictions

SUBSIDIARY LEGISLATION

IMMIGRATION AND DEPORTATION SECTION 31-THE IMMIGRATION DEPORTATION REGULATIONS Regulations by the Minister

CAP. 123 AND Statutory

Instruments 343 of 1965 79 of 1967 280 of 1967 410 of 1967 257 of 1968 35 of 1973 14 of 1974 121 of 1974 193 of 1975 200 of 1975 87 of 1977 88 of 1977 55 of 1978 112 of 1978 3 of 1983 200 of 1987 82 of 1992 62 of 1994 33 of 1995 Act No. 13 of 1994

1. These Regulations may be cited as the Immigration and Deportation Title and commencement Regulations, 2. The forms set out in the First Schedule are prescribed for the purposes of the provisions of the Act respectively mentioned in each such form. 3. (1) Subject to sub-regulation (2), the fees specified in the second column of the Second Schedule shall be paid in respect of the matters specified in the first column of the said Schedule. (2) The Minister may, in respect of any person or class of persons, waive or reduce any fee payable under this regulation.
Prescribed forms

Prescribed fees

4. The following airports are prescribed for the purposes of sections nine and thirteen of the Act: Livingstone Airport Ndola Airport Chipata Airport Lusaka Airport Mbala Airport Nkana Airport Chingola Airport Mfuwe Airport

Prescribed airports

(As amended by No. 410 of 1967) 5. A deposit required under section seventeen (3) of the Act shall not exceed an amount of one thousand kwacha.
Deposit on issue of a temporary permit

6. The following conditions are prescribed for the purposes of section Conditions in seventeen (4) of the Act, being conditions for inclusion in a temporary temporary permits permit: (a) The holder shall report to a specified person or authority at a specified place within a specified period or periods and shall keep that person or authority advised of his postal and residential address and any change in either of such addresses. (b) The holder if in transit through Zambia shall travel by a specified route and mode of conveyance. (c) The holder shall, except for the purpose of initially proceeding to or finally departing from Zambia or with the permission of an immigration officer, remain within a specified area of Zambia. (d) The holder shall not engage in any specified activity. (e) The holder shall leave Zambia before the expiration of the period of validity of the permit. 7. All Government Medical Officers and such other medical practitioners as are thereunto authorised in writing by the Chief Immigration Officer are prescribed for the purposes of section twenty-five (2) of the Act.
Medical practitioners

8. (a) (b) (c)

Every application foran entry permit under section fourteen of the Act; a study permit under section sixteen of the Act; an employment permit under section eighteen of the Act;

Manner of making applications

(d) the variation of any condition or the period of validity of any permit under section twenty of the Act; or (e) a certificate of status as an established resident under section thirty-three of the Act; shall be made by submission to the Chief Immigration Officer of(i) the appropriate form set out in the First Schedule completed by the applicant in the manner indicated on that form; and (ii) the appropriate fee (if any) set out in the Second Schedule.
Diseases

9. Active pulmonary tuberculosis and smallpox are prescribed for the purposes of Class A of the Second Schedule to the Act. (As amended by No. 410 of 1967)

Scope of 10. In issuing an employment permit to any person, the Chief Immigration Officer may endorse upon the permit the names of any wife employment permits and minor children of that person and the persons so named shall thereupon be entitled to enter and re-enter into and to remain within Zambia until such permit expires.

(No. 79 of 1967) 11. Immigration controls shall be situated at the places named in the first column and shall operate during the hours set out in the second column respectively of the Third Schedule. (No. 410 of 1967)
Immigration controls

FIRST SCHEDULE
(Regulation 2) PRESCRIBED FORMS

LIST OF FORMS 1. Immigration-Declaration 2. Notice to Appear before an Immigration Officer 3. Application for Entry Permit 4. Entry Permit 5. Application for Visiting Permit 6. Visiting Permit 7. Application for Study Permit 8. Study Permit 9. Temporary Permit 10. Application for Employment Permit 11. Employment Permit 12. Application for Variation of Conditions or Period of Validity of Permit 13. Notice of Revocation of Permit 14. Exemption 15. Notice to Prohibited Immigrant to Leave Zambia 16. Warrant of Deportation 17. Application for Certificate of Status as an Established Resident 18. Certificate of Status as an Established Resident 19. Warrant of Detention of Suspected Prohibited Immigrant 20. Warrant of Detention of Prohibited Immigrant

FORM 1 SCHEDULE
REPUBLIC (CREST) OF ZAMBIA IMMIGRATION-DECLARATION THE IMMIGRATION AND DEPORTATION ACT (Section 10 (2)) To be completed by all persons entering Zambia (please print). Citizens of Zambia, Returning Residents, or Returning Valid Employment Permit Holders need not complete this Form unless an Immigration Officer directs otherwise. Mr/Mrs/Miss Surname Nationality Date of Birth ..................................................................... Other Names Passport No.................................................. Place of Birth.................................................

Date of Expiry............................................. Number in Group (families only)......................................... Country of last Permanent Residence Intended Address in Zambia Purpose of Visit (tick one): Holiday Visit friends or relatives Employment Business

In transit

Other (Specify)

Expected length of stay in Zambia (If less than 24 hours, enter 0 days): Years Months Days

Date

Signature of Declarant.................................................

(As amended by S.I. No. 15 of 1976)

FORM 2
REPUBLIC (CREST) OF ZAMBIA THE IMMIGRATION AND DEPORTATION ACT (Section 11) NOTICE TO APPEAR BEFORE AN IMMIGRATION OFFICER To TAKE NOTICE that you are required to report to the immigration officer at ......................... within ............................................ days of the date hereof. ................................................................................ Immigration Officer

DATE STAMP

Acknowledged: ................................................ WARNING: Failure to comply with the terms of this notice renders you a prohibited immigrant.

FORM 3 REPUBLIC (CREST) OF ZAMBIA

THE IMMIGRATION AND DEPORTATION ACT (Section 14) APPLICATION FOR ENTRY PERMIT NOTES AND INSTRUCTIONS Please read carefully as incomplete applications cannot be considered. All questions must be answered in full. A. This application form is to be completed in duplicate and must be attested by a Magistrate or Commissioner for Oaths before despatch, or in a foreign country, by a Zambian Consul or if there is no Zambian Consul, by a British Consul. Applications must be forwarded to the Chief Immigration Officer, P.O. Box 391, Livingstone, Republic of Zambia. B. One form may be used for a husband, wife and dependent children under the age of 21 years. Separate applications are required from persons over the age of 21 years who are dependent and wish to accompany their parents to Zambia and must be forwarded together with the parents' application. Separate applications are required from persons aged under 21 years who are financially independent of their parents. C. The undermentioned documents should be attached to this application: (a) Two full-face photographs of the applicant and of his wife (if married) of passport size and quality, taken at the time of the application. One copy of each must be certified on the back as a true likeness by the officer who attests this form. (b) One certified copy of Birth Certificate of the applicant, and of his wife's Birth Certificate, if married. (c) (d) (e) One certified copy of Marriage Certificate, if married. Documentary evidence of divorce or legal separation, if applicable. Documentary proof of professional or other qualifications, training and experience.

(f) At least two testimonials as to character from persons of standing who have known the applicant for some years. The testimonials should clearly indicate identity and standing of the persons giving them. (g) If the applicant has been offered employment in the Republic of Zambia, documentary evidence of this must be submitted showing employer, occupation, salary and

conditions of employment. (h) If the applicant intends to establish his own business or practise a profession on his own account, full details should be submitted on a separate sheet. (i) If the applicant is financially dependent on a relation in Zambia, documentary evidence that the relation undertakes to support the applicant and is capable of so doing. (j) A certified copy of any certificate of citizenship held by the applicant. (k) Any additional information affecting the application may be given on separate sheets. NOTE.-Copies of documents certified by the officer who attests this application and not originals should be submitted. These copies will not be returned. Any documents not in the English language must be accompanied by a certified translation. D. A successful applicant must produce to an immigration officer on arrival in Zambia or, if already in Zambia, as soon as he is advised that this application has been successful, a certificate signed by a radiologist within the preceding six months showing the applicant to be free from active pulmonary tuberculosis. Similar certificates are required for the applicant's wife and children over the age of 3 years. E. The successful applicant will, until he becomes an established resident, be confined to the occupation shown in his permit. F. An entry permit may not properly be issued to a prohibited immigrant and if so issued will be of no effect. G. No person other than a visitor or a person in direct transit shall be admitted to the Republic of Zambia unless he is in possession of a permit issued in terms of the Immigration and Deportation Act. Therefore an applicant not already in Zambia is strongly advised not to make any preparations for leaving for Zambia until he has been notified of acceptance by the Chief Immigration Officer. H. One copy of this form will be returned to each successful applicant not already in Zambia together with his entry permit, and this copy must be surrendered to the immigration officer on entry. The permit will not be surrendered. I. All the questions set out below must be answered-N/A may be inserted if the question does not apply to the applicant. J. The answer to question 7 is required for statistical purposes only. To the Chief Immigration Officer: Having read the foregoing notes and instructions, I wish to apply for an entry permit and the answers to the questions set out below are given in support of that application. 1. 2. Surname of applicant (BLOCK CAPITALS) (a) Present address in full First names (BLOCK CAPITALS)

(b) Address to which permit should be sent if application successful

3. Date of birth 5. 6. 7.

4. Sex...............................................

Place and country of birth Nationality (see note C (j)): Race (e.g. European, Asiatic, African, Eurasian, Eurafrican, etc.).

Self..........................................................Wife Self..........................................................Wife 8. Countries of residence during past five years giving inclusive dates of residence in each: ........ 9. (a) Do you or your dependants suffer from any physical or mental disability or any disease? (b) If so, give full particulars (c) Have you ever been rejected for military service or insurance on medical grounds? If so, give particulars 10. 11. 12. 13. 14. 15. Highest educational standard completed Present occupation Average income earned during the past three years K.............. per annum. Occupation to be followed in Zambia Experience in that occupation.......... If coming to assured employment, employer's name and address ........ ........ and salary or wages offered K.............. (see note C (g)). 16. Do you intend establishing your own business? If the answer is yes, see note C (h). 17. If you are financially dependent on a relation in Zambia, give full name and address of that relation ................. and see note C (i). 18. 19. 20. Married, single, widowed, separate or divorced (see note C) Full name of wife (BLOCK CAPITALS) Date of birth of wife

...........

Country of birth 21. (a)Particulars of dependent children under the age of 21 years whose maintenance you undertake (see Note B). Name 1. 2. 3. 4. .......... .......... .......... .......... Date of Birth Sex Country of Birth

(b) Particulars of other dependents who wish to immigrate into Zambia (separate application for each dependant): Name Applicant 1. 2. 3. .......... .......... .......... Relationship to Applicant Approximate date entered Zambia Date of Birth Sex Relationship to

(c) Particulars of relations (if any) already resident in Zambia:

Full Names Address in Zambia 1. 2. 3. 22. .......... .......... .......... (a)

Sterling value of money immediately available on arrival in Zambia:

(b) Other assets, their value and extent to which they will be available in Zambia.......... ................ (c) If of independent means, give details .......... 23. Address in Zambia, if known.......... .......... 24 Have you or any of your dependants ever been sentenced to a term of imprisonment with or without the option of a fine after being convicted of any crime or offence in any country? Answer yes or no ................................... If yes, full particulars must be given............

.................... .................... .................... 25. Have you or your wife previously resided in or visited Zambia or any other East, Central or South African country? Answer yes or no........... If yes, state circumstances and dates.......... ......... 26. Have you or your wife ever been restricted from entering any country or deported or repatriated from any country? Answer yes or no ........... If yes, full particulars and dates must be given .......... .......... .......... 27. Are you fluent in English or any language indigenous to Zambia? Answer yes or no. If so, in which language?.......... .......... 28. How long do you intend to remain in Zambia?.......... ............. I understand that incorrect, misleading or untrue information or any relevant information withheld in any material matter which may affect the issue of an entry permit will result in the revocation of the permit. I hereby declare that the information furnished by me in this application is complete and is true and correct. (Signed) Declared before me at.......................................this day of .............................................., 19....... (Signed) Magistrate/Commissioner for Oaths/Zambian or British Consul For Use of Immigration Authority Number of Entry Permit.......... Date and Place of Issue.......... Entered Zambia on.........................................Port of Entry..... (Signed) Immigration Officer

FORM 4 REPUBLIC (CREST) OF ZAMBIA

THE IMMIGRATION AND DEPORTATION ACT (Section 14) ENTRY PEMIT File Reference............................... Serial No..... Subject to the provisions of the Immigration and Deportation Act and any regulations made under it, this permit entitles..... ......... born at ................................................................on.......... until he becomes an established resident to enter and re-enter into and remain within Zambia and for gain to engage in the occupation of: .............

PHOTOGRAPH

Chief Immigration Officer

Date...................................................... NOTES A. Section 14 (5) of the Immigration and Deportation Act states: "An entry permit shall cease to be valid if the holder(a) fails to enter Zambia within six months of the date of issue of the permit or such later date as the Chief Immigration Officer may endorse thereon; (b) is absent from Zambia for a period in excess of six months without notifying the Chief Immigration Officer in writing that he proposes to return to Zambia; or (c) is absent from Zambia for any period in excess of twelve months." B. Section 21 (1) of the Immigration and Deportation Act states: "The Chief Immigration Officer may by notice in writing revoke any permit issued under this Act if he is satisfied that the holder(a) has contravened any provision of this Act or regulations made thereunder or

has failed to comply with any requirement made under this Act or such regulations; (b) obtained such permit by means of any representation which was false in any material particular or by means of the concealment of any material information; (c) has failed to observe any condition specified in such permit; or (d) has become or is likely to become a charge on the Republic in consequence of his failure to support himself and such of his dependants as may be in Zambia."

FORM 5 REPUBLIC (CREST) OF ZAMBIA

THE IMMIGRATION AND DEPORTATION ACT (Section 15) APPLICATION FOR VISITING PERMIT I, .............. born at ....... ... and permanently ... hereby apply resident at .......

for a permit to extend my visit to Zambia beyond a period of three months. The answers to the following questions are given in support of this application: 1. 2. 3. 4. 5. When did you enter Zambia? .......... What is the reason for your visit? .......... When do you expect to leave Zambia? ..... What is your address in Zambia? .......... If staying with friends or relations what are their names and addresses? ..........

.......... .......... .......... .......... .......... 6. What members of your family are accompanying you on this visit? (a) Wife (first name) .......... born at ................................................... on .......... (b) Children: (i) (ii) (iii) (iv) Name.............................born at..............................on..... Name.............................born at..............................on..... Name.............................born at..............................on..... Name.............................born at..............................on.....

7. Do you and those accompanying you hold return air/rail/road tickets out of Zambia?.......... 8. If answer to 7 is "No", are you travelling in your own vehicle and if so give

particulars?.......... .......... 9. What funds have you at your disposal in Zambia?.......... ............ I declare that I and those shown on this application as accompanying me are not prohibited immigrants nor the holders of any other immigration permit. Date................................... .............................................................................. Signature

NOTES A. Under the Immigration and Deportation Act, a visiting permit may not exceed three months in duration without extension and may not be extended to cover a total period in excess of twelve months. B. Children accompanying a parent may be included on the parent's application form as may a wife on her husband's. C. This application should be handed to the nearest Immigration Officer. D. A visiting permit does not entitle the holder to seek or obtain paid employment in Zambia.

FORM 6 REPUBLIC (CREST) OF ZAMBIA

THE IMMIGRATION AND DEPORTATION ACT (Section 15) VISITING PERMIT Serial No.................... Application to extend a visit in Zambia having been made on Immigration Form 5 (FULL NAME).............. .....................................born at............................on ............ accompanied by: 1. 2. 3. 4. 5. 6. Wife...................................born at..................................on.......... Child..................................born at..................................on.......... Child..................................born at..................................on.......... Child..................................born at..................................on.......... Child..................................born at..................................on.......... Child..................................born at..................................on..........

is/are permitted to enter and re-enter and to remain within Zambia during the validity of this Permit, which is from..............................to.............................. inclusive. Extensions of validity: 1. From .......................................................to.......... inclusive. ........................................................................ Immigration Officer inclusive. ........................................................................ Immigration Officer ........................................................................ Immigration Officer

Date ................................ 2.

From .......................................................to............

Date ................................ 3.

From .......................................................to............. inclusive.

Date ................................

DATE STAMP

Issued by:................................................................................

Immigration Officer

NOTES A. This permit does not entitle the holder to seek or obtain paid employment in Zambia. B. This permit should be produced to an immigration officer on departure from Zambia. C. Application for any variation or extension of validity of this Permit may be made on Immigration Form 12. Both the application and the Permit will be submitted together to an immigration officer.

FORM 7 REPUBLIC (CREST) OF ZAMBIA

THE IMMIGRATION AND DEPORTATION ACT (Section 16) The Chief Immigration Officer, P.O. Box 391, Livingstone, Zambia. APPLICATION FOR STUDY PERMIT I, (Full Name, Block Capitals).............. born at .......................................................on.............. resident at ............. hereby apply for a Study Permit. The answers to the following questions are given in support of this application: 1. At what institution have you been accepted as a pupil? ................. (Name of educational or training institution) 2. 3. 4. 5. 6. Will you be living in the institution?........... If the answer to 2 is "No", where will you live?......................... What course of study will you be engaged in?........................... What is the normal period of tuition for your studies?................ How will your tuition, accommodation and board expenses be met? ............. and permanently

Date .......................................... ........................................................................ Signature of Applicant Certificate to be completed by the Principal/Head of the Educational or Training Institution. I, (full name) ............. Principal/Head of ...............

(Educational or Training Institution) hereby certify that(a) (full name of pupil).............. has been admitted to the above-named Institution of which I am the Principal/Head; (b) I have adequate accommodation for this pupil; and (c) the issue of a Study Permit to the above-named applicant will not deprive a suitable citizen of Zambia of a place or accommodation at the Institution of which I am the Principal/Head. Date................................ Signed............................................................ Principal/Head of ....................................................................... (Full name and address of the Educational or Training Institution) This Certificate must be signed by the Principal/Head of an educational or training institution. NOTES A. A student will not be allowed to commence his course of studies unless he holds a valid permit. B. No Study Permit will be issued to a prohibited immigrant. C. Upon entry a student will be required to produce a certificate signed by a radiologist stating that the holder has been radiologically examined and is free from active pulmonary tuberculosis. The radiological examination must have taken place within the six months immediately preceding the date of entry. (No. 257 of 1968)

FORM 8
REPUBLIC (CREST) OF ZAMBIA THE IMMIGRATION AND DEPORTATION ACT (Section 16) STUDY PERMIT Application having been made on Immigration Form 7 ............ ....................................... born at ..................................... on .......... is permitted to study at ........................................... ..........educational institution and for that purpose to enter and re-enter into and to remain within Zambia. Date................................ NOTES A. This permit is valid only while the holder is under instruction at the educational institution named above and, if the holder has not acquired another permit authorising his presence in Zambia when this permit expires, he should leave Zambia forthwith or he will be a prohibited immigrant. B. This permit does not entitle the holder to seek or obtain paid employment in Zambia. C. This permit should be surrendered to an immigration officer on the holder's departure from Zambia after leaving the educational institution named above. ........................................................................ Chief Immigration Officer

Fee Units Paid 30 FORM 9 REPUBLIC (CREST) OF ZAMBIA

THE IMMIGRATION AND DEPORTATION ACT (Section 17) TEMPORARY PERMIT Subject to the conditions hereunder set out the holder ............. ..............................................born at............ on.................is permitted until the............. .......................................19.......... *(a) to enter, re-enter and remain within; or *(b) to travel in direct transit through: Zambia for the purpose of .............. ............. ............. This permit is issued subject to the following conditions*: 1. The holder shall report to ............. at....................................................at intervals of ............ and shall keep that person/authority advised of his postal and residential address. 2. The holder, if in transit, shall travel by the following route and mode of conveyance .............. .................. ............. 3. The holder shall, except for the purpose of initially proceeding to and finally departing from that area or with the permission of an immigration officer, remain within the area............. .......... .......... 4. The holder shall not engage in the following activities: ............ ............. ............. 5. The holder shall leave Zambia before the date when this permit expires-that is the ....... ..........................................day day of

of......................................., 19.......... Date................................ *Delete any provisions not applicable. EXTENSIONS From...............................to.............................inclusive. Fee Units paid 30. G.R. No. ........................................................................ Immigration Officer From...............................to.............................inclusive. Fee Units paid 30. G.R. No. ........................................................................ Immigration Officer NOTES A. Any failure to comply with the above conditions will render the holder liable to be deported without notice. B. This permit does not entitle the holder to seek or engage in paid employment in Zambia. C. Application for a variation of any provision in this permit may be made on Immigration Form 12 to the Chief Immigration Officer. D. This permit should be surrendered to an immigration officer on the holder's departure from Zambia unless the immigration officer otherwise directs. (As amended by Act No. 13 of 1994) ........................................................................ Immigration Officer

FORM 10
REPUBLIC (CREST) OF ZAMBIA THE IMMIGRATION AND DEPORTATION ACT (Section 18) APPLICATION FOR EMPLOYMENT PERMIT (To be submitted in original only) NOTE: A fee unit of -- is payable for issue of an Employment Permit and remittance of this amount should accompany this form when it is submitted to the Chief Immigration Officer. The Chief Immigration Officer P.O. Box 1984 Lusaka Zambia I/We hereby apply for an Employment Permit to allow the person whose personal particulars are given in Part I to obtain work as .......... ............ in Zambia during the period.......... Date ................................. .............................................................................. Signature of employee/employer/self-employer (Delete what is not applicable)

PART I Personal particulars: 1. (a) Mr/Mrs/Miss............... (b) Surname.............. (c) Christian or other names........... 2. 3. 4. Permanent home address................ Present postal address.............. (a) Place and country of birth............ ............

(b) Date of birth................

(c) Present nationality............... 5. Passport details: (a) Passport number............... (b) Place of issue.............. (c) Date of issue.............. (d) Date of expiry............... (NOTE: Employment Permit will not be valid beyond the date of expiry of passport) 6. 7. Full name of wife/husband.............. Particulars of children under 21 years old: Full name Sex Date of Birth ............................ ............................ ............................ ............................ Place of Birth ............................. ............................. ............................. ............................. (i) .......................................................... (ii) .......................................................... (iii) .......................................................... (iv) ..........................................................

(If more space is required, give details separately) 8. Qualifications (give full details and attach certified true copies of certificates) (a) Educational (b) Professional or technical.............. ............... (c) Previous relevant experience............ ................. Name of Employer Nature of Employment Period so Employed ................................. ................................. ................................. ................................. (i) ........................................... ............................................ (ii) ........................................... ............................................ (iii) ........................................... ............................................ (iv) ........................................... ............................................ (If more space is required, give details separately) PART II (To be completed by the employer) I/We (name of employer).............

of (postal address)............. being engaged in (state profession or business)............. wish to employ the person whose particulars are given in Part I. 1. 2. 3. 4. Place of employment (give full details)................ Job description................... Period of employment offered...................... Annual salary offered.....................

5. What steps have you taken to employ Zambian citizens to fill this vacancy (give full details)............ (a) His/her name................. (b) Date training began.......................... (c) Date training will end................. (d) If you do not have a Zambian citizen under training for this post, fill in the following: (i) Minimum entry qualification required for this post .............. (ii) Steps taken to engage a trainee.................. 6. If this application is approved, will the proposed employee be instrumental in training Zambian citizens? If so, give full details................ ......................... I hereby certify that the foregoing particulars are correct in every detail. Date.............................................. ........................................................................ Signature of Employer

PART III (To be completed by self-employed) I/We (name of self-employed)................... of (postal address)................ being engaged in (state profession or business)............... wish to be self-employed. 1. 2. 3. Place of employment (give full details).................... Job description.................... Particulars of capital available...................... .................

......................... 4.

(attach bank statement)

Attach a certified true copy of certificate of registration of business (if applicable).

I hereby certify that the foregoing particulars are correct in every detail. Date.............................................. ........................................................................ Signature of Applicant (As amended by S.I. No. 35 of 1973 and Act No. 13 of 1994)

FORM 11
REPUBLIC (CREST) OF ZAMBIA THE IMMIGRATION AND DEPORTATION ACT (Section 18) EMPLOYMENT PERMIT File Reference.................... ................... Serial No......................

Subject to the conditions hereunder set out, ..................... born at ................................... on ................................... is hereby permitted to engage in employment under an employer resident in Zambia. He is accompanied by his wife and children under 18 years old: Full names of wife....................... Names of children..................... ............................ ........................ This permit is issued subject to the conditions that the holder may not engage in employment: 1. except of the following nature................... ......................... 2. except under the following employer..................... ............................ This permit shall, unless sooner revoked, be valid for the period of......... Fee unit paid 30. G.R. No. .................. of 19 ......... DATE STAMP ........................................................ Chief Immigration Officer

NOTES A. This permit allows the holder and his wife and minor children to enter and re-enter into and to remain within Zambia until it expires, but it will automatically cease to be valid if the holder becomes a prohibited immigrant. B. Any application for a variation of the conditions or period of validity of this permit must

be made to the Chief Immigration Officer on Form 12. (As amended by No. 79 of 1967 and Act No. 13 of 1994)

FORM 12
REPUBLIC (CREST) OF ZAMBIA THE IMMIGRATION AND DEPORTATION ACT (Section 20) APPLICATION FOR VARIATION OF CONDITIONS OR PERIOD OF VALIDITY OF PERMIT I, (Full name, BLOCK CAPITALS)......................... being the holder of an Entry/Visiting/Employment/Temporary Permit* No.......................... issued at ....................................... on ............... and valid until .............. hereby apply for the said permit to be varied by.................................... ...................... ........................ ......................... .......................... Reasons for requested variation ........................... ...................... ......................... .......................... ......................... ......................... I tender 30 fee units, as fee. ........................................................................ (Signature) Date .................................. Address ............... * Delete those permits to which this application does not relate. FOR OFFICIAL USE ONLY General Receipt No. .......... at . issued on ................................. 19.......... Amount fee units...............................

................................................................................... (As amended by Act No. 13 of 1994)

FORM 13
REPUBLIC (CREST) OF ZAMBIA THE IMMIGRATION AND DEPORTATION ACT (Section 21) NOTICE OF REVOCATION OF PERMIT To.................................................................. TAKE NOTE that the .................. Permit, No............................................... issued to you at ....................................................... on .................. is hereby revoked on the following ground(s): ........................ ......................... .......................... ............................ THIS REVOCATION shall take effect on ................... the said permit shall cease to be valid. Date............................ Served upon the said .......................................... in person at .................. on ................................................ 19............. ........................................................................ Immigration Officer ........................................................................ Signature of Recipient NOTE Your attention is drawn to the following provisions of the Immigration and Deportation Act: 21. (1) The Chief Immigration Officer may by notice in writing revoke any permit issued under this Act if he is satisfied that the holder(a) has contravened any provision of this Act or regulations made thereunder or has failed to comply with any requirement made under this Act or such regulations; at .............................................. hours. ........................................................................ Chief Immigration Officer when

(b) obtained such permit by means of any representation which was false in any material particular or by means of the concealment of any material information; (c) has failed to observe any condition specified in such permit; or (d) has become or is likely to become a charge on the Republic in consequence of his failure to support himself and such of his dependants as may be in Zambia. SECOND SCHEDULE-CLASS D (PROHIBITED IMMIGRANTS) Any person in Zambia with respect to whom a permit to remain in Zambia has been revoked or has expired.

FORM 14 REPUBLIC (CREST) OF ZAMBIA

THE IMMIGRATION AND DEPORTATION ACT (Section 22 (5)) EXEMPTION IN EXERCISE of the powers vested in the Minister of Home Affairs by section 22 (5) of the Immigration and Deportation Act, ................ .............................. ........................... born at ................................................................ on ................... is hereby exempted from Class/Classes ................. Date ................................................ of the Second Schedule to the Immigration and Deportation Act. ........................................................................ Minister of Home Affairs

FORM 15 REPUBLIC (CREST) OF ZAMBIA

THE IMMIGRATION AND DEPORTATION ACT (Section 23) NOTICE TO PROHIBITED IMMIGRANT TO LEAVE ZAMBIA To................. born at ........................................ on ........................................ WHEREAS you are a prohibited immigrant*(a) under section 22 (1) of the Immigration and Deportation Act, because you belong to Class ................................................. of the Second Schedule to that Act; *(b) under section 22 (2) of the Immigration and Deportation Act, because the Minister has in writing declared your presence in Zambia to be inimical to the public interest; NOW THEREFORE take note that you are required to leave Zambia within the period of ................. by the following route ................... ............................ ............................ ............................ Date ........................................ Served upon the said ................. at .............. at ................................... hours. ........................................................................ Immigration Officer ........................................................................ Signature of Recipient * Delete whichever alternative is not applicable. NOTE Your attention is drawn to the following provisions of the Immigration and Deportation in person ........................................................................ Immigration Officer

on ................................................. 19............

Act: 23. (1) Any immigration officer may or, if so directed by the Minister in the case of a person to whom subsection (2) of section twenty-two relates, shall by notice served in person on any prohibited immigrant require him to leave Zambia. 24. (1) Any person required by notice under section twenty-three to leave Zambia who on receipt of such notice has lawfully remained in Zambia longer than seven days may, within forty-eight hours of receiving such notice, deliver to any immigration officer, police officer or prison officer written representations to the Minister against such requirement and such representations shall be placed before the Minister without delay. 24. (2) If, after considering such representations, the Minister does not think fit to exercise his powers in relation to the issue of permits or the exemption of persons from the classes set out in the Second Schedule, the person who made such representations shall be notified that his representations have been unsuccessful.

FORM 16 REPUBLIC (CREST) OF ZAMBIA

THE IMMIGRATION AND DEPORTATION ACT (Section 26) WARRANT OF DEPORTATION To the Chief Immigration Officer, the Inspector-General of Police and all immigration officers, police officers and officers proper to the execution of this warrant: WHEREAS.......... (hereinafter called "the deportee")*(a) is a person in respect of whom I have received the particulars in accordance with the provisions of section 33 of the Penal Code and accordingly I am obliged to deport that person under the provisions of section 26 (1) of the Immigration and Deportation Act; or *(b) is in my opinion by his presence likely to be a danger to peace and good order in Zambia and accordingly is deported under section 26 (2) of the Immigration and Deportation Act; NOW THEREFORE you are commanded to cause the deportee to be deported from the Republic of Zambia to.......... AND FOR DOING SO THIS SHALL BE YOUR WARRANT Date............................................................... ........................................................................ Minister of Home Affairs *Delete whichever is not applicable (As amended by S.I. No. 35 of 1973)

FORM 17
REPUBLIC (CREST) OF ZAMBIA THE IMMIGRATION AND DEPORTATION ACT (Section 33) APPLICATION FOR CERTIFICATE OF STATUS AS AN ESTABLISHED RESIDENT NOTE.-A separate application must be submitted in respect of each person for whom a Certificate of Status is required. THE CHIEF IMMIGRATION OFFICER, P.O. Box 391, LIVINGSTONE. In support of my application for a certificate of status as an established resident, I submit the folowing information: (1) SURNAME (Block capitals).......... (2) FIRST NAMES (Block capitals).......... (3) BORN AT.................................................. ON........ (4) PRESENT ADDRESS.......... (5) DATE OF ISSUE OF ENTRY PERMIT........................................No. of Permit (See Note B) (6) DATE OF ENTRY TO ZAMBIA...............................PLACE OF ENTRY....... (7) NATIONAL REGISTRATION NO.......... (8) Details of any periods of absence from Zambia during the four years preceding this application: (a) (b) (c) (d) (e) (f) From..............................to...............................Reason....... From..............................to...............................Reason....... From..............................to...............................Reason....... From..............................to...............................Reason....... From..............................to...............................Reason....... From..............................to...............................Reason.......

(9) I have not during the last four years spent any period in prison as the result of a court sentence. (See Note C) ..........

(10) I have not during the last four years been an inmate of a mental institution. (See Note C)............. ........................................................................ Signature of Applicant Date............................. NOTES A. This application must be accompanied by two recent full face passport type photographs, one of which must be endorsed "Certified a true likeness of (Full Name) " and must be signed by an Immigration Officer or other responsible public officer. B. If you are not the holder of an entry permit, you should delete item (5) and attach your residence permit or any other permit authorising your residence in this country. C. If the information at item (8) or (9) is inaccurate, the applicant may delete the inaccurate item and attach full details of the imprisonment or period spent in a mental institution. D. The fee for a certificate of status is 30 fee units payable with this application. (As amended by Act No. 13 of 1994)

FORM 18
REPUBLIC (CREST) OF ZAMBIA THE IMMIGRATION AND DEPORTATION ACT (Section 33) CERTIFICATE OF STATUS AS AN ESTABLISHED RESIDENT This is to certify that.......... National Registration No ..........., whose photograph appears hereon, is an ESTABLISHED RESIDENT as defined in section 2 of the Immigration and Deportation Act. PHOTOGRAPH ........................................................................ Chief Immigratio

FORM 19
REPUBLIC (CREST) OF ZAMBIA
THE IMMIGRATION AND DEPORTATION ACT (Section 36) WARRANT OF DETENTION OF SUSPECTED PROHIBITED IMMIGRANT To the Officer in Charge of the prison/place of detention at.......... .......... WHEREAS there are reasonable grounds for suspecting that.......... ........... (hereinafter called "the suspected prohibited immigrant") is a prohibited immigrant. NOW THEREFORE in accordance with the provisions of section 36 (1) as read with section 25 (1) of the Immigration and Deportation Act, you are hereby commanded to receive into your custody and to keep the suspected prohibited immigrant until the expiration of a period of fourteen days from this day or until sooner delivered in due course of law. DATED at.....................................the.....................................day of.......... 19.......... ........................................................................ Immigration Officer

FORM 20 REPUBLIC (CREST) OF ZAMBIA

THE IMMIGRATION AND DEPORTATION ACT (Section 36) WARRANT OF DETENTION OF PROHIBITED IMMIGRANT To.......... WHEREAS........... (hereinafter called "the prohibited immigrant") is a person to whom subsection *(3) (a)/(3) (b)/(4) of section 26 of the Act refers; NOW THEREFORE in accordance with the provisions of section 36 (1) of the Act, you are hereby commanded to receive into your custody and to keep the said prohibited immigrant pending completion of arrangements for his deportation from Zambia at the first reasonable opportunity or until sooner delivered in due course of law. DATED at.....................................the....................................day of......... 19.......... ........................................................................ Immigration Officer * Delete whichever reference is not applicable.

FORM 21 (Regulation 2)
REPUBLIC OF ZAMBIA THE IMMIGRATION AND DEPORTATION ACT (Section 13) EXIT DECLARATION PART I (To be completed by all persons leaving Zambia: please print) Surname............................................. Date of birth....................................... Nationality...... Occupation......... Passport No.........................Date of issue......................Place of issue....... Date of expiry........................................
Reason for being in Zambia (Tick one)

Other names........ Place of birth........

Sex...............

Citizen

Resident

Employment

D Study

E Visitor

Expected length of stay away from Zambia

Permanent

Year/s

Month/s

Weeks

Days

Destination ................. Persons leaving Zambia permanently and holding any of the following documents: Certificate of Status as an Established Resident; Entry Employment Permit; Study Permit; Temporary or Visitors Permit; must surrender them to the examining Immigration Officer at the port of exit.

FOR OFFICIAL USE Signature of Declarant Date OFFICIAL DATE STAMP SIGNATURE Type of Permit surrendered No. of Permit Immigration Officer's signature

PART II (For visitors only) How many nights did you stay in Zambia?................. Please enter the number of nights spent in each type of accommodation: Hotels Motels Lodges Relatives

Date and port of entry in Zambia.................. ................. Address in Zambia .................. .................. Country of permanent residence ................. Your estimated expenditure in Zambia .................

FOR OFFICIAL USE Nationality................. OFFICIAL DATE STAMP No. in group ................. Permanent ................. Temporary ..................
(As amended by S.I. No. 112 of 1978)

SECOND SCHEDULE
(Regulation 3)

PRESCRIBED FEES
Visiting Permit Issuance Renewal Duplicate Study Permit Issuance Renewal Duplicate Fee units 200 400 100 150 250 100

Employment Permit Issuance 2,000 Renewal 3,000 Duplicate 1,000 Variation by change of occupation 3,000 Variation by addition of names of wife and children100 Variation by change of employer 3,000 Self employment Permit Issuance Renewal Variation by addition of new business Duplicate Certificate of Status as an Established Resident Issuance Duplicate Entry Permit Issuance Duplicate Variation by addition of a new business name Variation by change of occupation Temporary Permits Issuance Renewal Duplicate Visas Single entry US $20 (or kwacha equivalent) Double entry US $30 (or kwacha equivalent) 500 400 400 100 200 100 300 100 300 300 2,000 3,000 100

Transit US $10 (or kwacha equivalent) Multiple entry US $40 (or kwacha equivalent) Re-entry 25 fee units

(B) PERMITS FOR RELIGIOUS, NON-GOVERNMENTAL ORGANISATIONS AND NON-PROFIT MAKING ORGANISATIONS 1. Employment Permit (i) Issuance (ii) Renewal (iii) Replacement (iv) Addition of names of wife or children (v) Change of occupation (vi) Change of employer 2. Temporary Permit (i) Issuance (ii) Renewal (iii) Replacement 3. Certificate of Status as Established Resident (i) Issuance (ii) Renewal 4. Entry Permit (i) Issuance (ii) Renewal (iii) Replacement 5. Visiting Permit (i) Issuance (ii) Renewal (iii) Replacement 6. Study Permit (i) Issuance (ii) Renewal (iii) Replacement (As amended by S.I. No. 33 of 1995 and Act No. 13 of 1994) 150 100 150 50 100 100 Fee units 100 50 100 150 150 150 250 70 100 200 70 70 50 70

THIRD SCHEDULE
(Regulation 11)

IMMIGRATION CONTROLS

Immigration Controls 1. AIRPORTS Chingola Chipata Kalabo Kasama Livingstone Lusaka Mansa Mbala Mfue Mongu Ndola Nkana Sesheke Solwezi Zambezi 2. PORT: Mpulungu 3. RAILWAY STATIONS: Livingstone Ndola 4. BORDER CONTROLS: Chanida Chavuma Chembe Chipungu Chirundu Feira Jimbe Bridge Kaputa Kariba

Hours of Operation per diem as required as required as required as required 24 hours 24 hours as required as required 0600 to 1800 hours as required 24hours as required as required as required as required as required as required as required 24 hours 24 hours 24 hours 24 hours 0600 to 2000 hours 0600 to 1800 hours 0600 to 1800 hours 24 hours 0600 to 2000 hours (April to September) 0600 to 1900 hours (October to March) 24 hours 24 hours 24 hours 24 hours 0600 to 1800 hours 24 hours 24 hours 24 hours 24 hours

Kashiba Kasumbalesa Katima Mulilo Kazembe Kazungula Kipushi Livingstone Lukwesa Lundazi

Mokambo 24 hours Mulekatembo 0600 to 1800 hours Muyombe 0600 to 1800 hours Mwandi 24 hours Mwami 24 hours Mwase 24 hours Mwense 0600 to 1800 hours Nchelenge 24 hours Nyala 24 hours Sakania 24 hours Sinazongwe 0600 to 1800 hours Sinda Misale 0600 to 1800 hours Sumbu 24 hours Tshinsenda 24 hours Tunduma 24 hours Victoria Falls immigration control0600 to 2000 hours Zombe 24 hours

5. INTERNAL CONTROLS: Chadiza Chingola Chipata Choma Kabompo Kabwe Isoka Itezhi-Thezhi Kasama Kapiri-Mposhi Kitwe Livingstone Luanshya Lusaka Mbala Mpika Mporokoso Mufulira Mubwa Mwiniuinga Ndola Luangwa Lusuntha Serenje Shangombo

Those hours observed by the offices of the Provincial and District Government at these stations

24 hours

Sikongo (As amended by S.I. No. 14 of 1974, 121 of 1974, 193 and 200 of 1975, 87 and 88 of 1977, 58 of 1978, 3 of 1983, 200 of 1987, 82 of 1992 and 62 of 1994) SECTION 31-THE IMMIGRATION AND DEPORTATION (FEES) (WAIVER) REGULATIONS, Regulations by the Minister
Statutory Instrument 60 of 1994

1. These Regulations may be cited as the Immigration and Deportation Tile (Fees) (Waiver) Regulations. 2. The fees payable under regulation 3 of the Immigration and Deportation Regulations are hereby waived in respect of the class of persons specified in the Schedule.
Waiver of fees

SCHEDULE
(Regulation 2) Expatriate Staff employed in the Civil Service of the Republic of Zambia who have entered Zambia in pursuance of an Agreement between themselves and the Government of the Republic of Zambia.

CHAPTER 124 THE CITIZENSHIP OF ZAMBIA ACT

ARRANGEMENT OF SECTIONS

PART I PRELIMINARY Section 1. 2. Short title Interpretation

PART II

CITIZENSHIP BOARD 3. 4. 5. 6. 7. 8. 9. 10. Establishment and composition of Citizenship Board Provisions relating to office of member Directions by the President Secretary of Board Correction of errors in register Functions of Board Decisions of Board to be final Meetings of Board

PART III CITIZENSHIP BY ADOPTION 11. Citizenship by adoption

PART IV CITIZENSHIP BY REGISTRATION 12. 13. 14. 15. 16. 17. 18. Registration of minors President's power to cause persons to be registered as citizens Repealed by Act No. 17 of 1986 Obsolete Persons entitled to be registered as citizens Persons excluded from applying for registration as citizens Periods to count as periods of residence

PART V CESSER, DEPRIVATION AND RENUNCIATION OF CITIZENSHIP Section 19. Cesser of citizenship

20. 21. 22. 23.

Extension of period Restoration of lapsed citizenship Deprivation of citizenship Renunciation of citizenship

PART VI SUPPLEMENTAL 24. 25. 26. 27. 28. Certificates of citizenship in cases of doubt Evidence Manner of making applications Offences Communications of Board to be privileged

29. Prohibition of publication and disclosure of information to unauthorised persons 30. 31. 32. 33. 34. Immunity of members Fiat of Director of Public Prosecutions Annual report Regulations Saving

CHAPTER 124

CITIZENSHIP OF ZAMBIA An Act to repeal and replace the Citizenship of Zambia Act; to provide for the establishment of the Citizenship Board and to determine its composition and functions; to make provision for the acquisition of citizenship of Zambia by adoption and by registration; to provide for the confirmation of citizenship of Zambia; to provide for the cesser, deprivation and renunciation of citizenship of Zambia; and to provide for matters connected with or incidental to the foregoing. [4th March, 1977] PART I

26 of 1975 17 of 1986 10 of 1990 13 of 1994

PRELIMINARY 1. This Act may be cited as the Citizenship of Zambia Act.* * The Citizenship of Zambia Act commenced on 4th March, 1977 by virtue of S.I. No. 55 of 1977 2. (1) In this Act, unless the context otherwise requires"Board" means the Citizenship Board established under section three; "certificate of registration" means a certificate of registration issued under this Act; "Chairman" means the Chairman of the Board or any other person appointed to act as Chairman under section four; "citizen" means a citizen of Zambia; "Constitution" means the Constitution of Zambia; "established resident" has the meaning assigned to it in the Constitution; "member" means a member of the Board, and includes any person appointed to act as a member under section four; "secretary" means the secretary of the Board; "Zambia consulate" means an office of a consular officer of the Government where a register of births or residents is kept or, where there is no such office, such office as may be prescribed. (2) For the purposes of this Act(a) a person shall be of full age if he has attained the age of twenty-one years and of full capacity if he is not a mentally disordered or defective person, so found and not discharged as sane, under the provisions of the Mental Disorders Act; (b) a person shall be deemed not to have attained a given age until the beginning(i) of the relevant anniversary of the day of his birth; (ii) in the case of a person born on the 29th February in any year, of the 1st March in the year which is twenty-one years after the year of his birth; Cap. 305 Interpretation Cap. 1 Cap. 1 Short title

(c) any woman who is or has been married shall be deemed to be of full age. PART II CITIZENSHIP BOARD 3. (1) There is hereby established persuant to Article 8 of the Constitution a Board to be known as the Citizenship Board. Establishment and composition of Citizenship Board.

(2) The Board shall consist of the Minister as Chairman and four other members appointed by the President. (3) Subject to the provisions of this Act, a member shall hold office for a period of four years from the date of his appointment, and upon such terms and conditions as the President may determine at the time of his appointment. (4) Notwithstanding the provisions of subsection (3), two of the first four appointed members shall vacate office after a period of two years which shall be specified in their letters of appointment. (5) A retiring member shall be eligible for re-appointment: Provided that a member who retires after holding office for four years shall not be eligible for re-appointment for a period exceeding two years. 4. (1) A person shall not be qualified for appointment as a member ifProvisions relating to office of member

(a)

he is not a citizen;

(b)

he has not attained the age of twenty-one years;

(c) he is, under any law in force in Zambia, adjudged or otherwise declared to be of unsound mind; (d) he has been sentenced to a term of imprisonment of or exceeding six months; (e) he is an undischarged bankrupt, having been adjudged or otherwise declared bankrupt under any written law; or (f) his freedom of movement is restricted or he is detained under the authority of any written law. (2) Subject to the provisions of this section(a) (b) a member shall hold office at the President's pleasure; the office of a member shall become vacantCap. 1

(i) if any circumstances arise that, if he were not a member, would cause him to be disqualified for appointment as such; (ii) (iii) obsolete; if he resigns his office; or

(iv) at the expiration of the term for which he was appointed or re-appointed. (3) A member may be removed from office by the President for inability to discharge the functions of his office (whether arising from infirmity of body or mind or from any other cause) or for misbehaviour. (4) If the office of Chairman is vacant or if the Minister holding that office is for any reason unable to perform the functions of his office, then, until another Minister has been appointed to and has assumed the functions of that office or until the Minister holding that office has resumed those functions, as the case may be, those functions shall be performed by one of the other members as the President may designate. (5) If at any time there are less than two members besides the Chairman,

the President may appoint any other person to act as a member, and the person so appointed shall, subject to the provisions of sub-paragraphs (i) and (ii) of paragraph (b) of subsection (2), continue to act until the appointment to act is revoked by the President. (6) A member may resign his office by writing under his hand addressed to the President and his resignation shall take effect when it is accepted by the President. 5. Subject to the provisions of Part II of the Constitution and notwithstanding anything contained in this Act, the President may give to the Board such general directions with respect to the performance of its functions as he may consider necessary, and the Board shall give effect to such directions. Directions by the President. Cap. 1

6. (1) The Permanent Secretary, Ministry of Home Affairs, shall be the Secretary of secretary of the Board and it shall be his duty generally to counsel, aid Board and assist the Board in the performance of its functions. (2) The Secretary shall compile and maintain in the prescribed form(a) a register of citizens by registration; and

(b) a register of persons who have renounced or been deprived of citizenship or whose citizenship has ceased under any provision of this Act. 7. (1) If the Board has reason to believe that an error appears in any register compiled and maintained under sub-section (2) of section six, the Board shall, after giving notice to the person concerned and after considering such representations from him as he may choose to make, direct the secretary to effect such alterations in the register as may appear to the Board to be necessary to correct the error. (2) Subject to the provisions of subsection (1), entries in the register shall be conclusive evidence of the matters therein contained. 8. The Board shall have power to consider and decide uponFunctions of Board Correction of errors in register

(a)

obsolete;

Cap. 1 Cap. 1

(b) any application for registration as a citizen under the provisions of the Constitution; (c) any other matter relating to citizenship in accordance with the provisions of this Act. 9. The Board shall not be required to assign any reason for the grant or Decisions of rejection of any application under this Act, and the decision of the Board Board to be made under and in accordance with the provisions of this Act shall be final final and shall not be subject to appeal or review in any court: Provided that the Board may, in the special circumstances of any case or in the light of any new facts coming to its knowledge, review its own decision. 10. The Board shall ordinarily meet for the transaction of business at such times as it may consider necessary, but not less than four times in any calendar year. (2) Any matter at a meeting of the Board shall be decided by a majority of votes and, in case of an equality of votes, the Chairman shall have a casting vote in addition to his deliberative vote. (3) The quorum necessary for the transaction of the business of the Board shall be three. (4) The Board may act notwithstanding a vacancy in its membership. PART III CITIZENSHIP BY ADOPTION 11. A child adopted under the provisions of the Adoption Act shall, if Citizenship by he was not a citizen at the date of such adoption, become a citizen by adoption. adoption on the date of such adoption if the adopter, or, in the case of a Cap. 54 joint adoption, one of the adopters was at the date of the adoption a citizen. Meetings of Board

PART IV CITIZENSHIP BY REGISTRATION 12. (1) The Board may cause any person not of full age who is the child Registration of of a citizen to be registered as a citizen upon application made in the minors prescribed manner by a parent or guardian of such person. (2) When the Board is satisfied that any person not of full age has associations by way of descent, residence or otherwise with Zambia which would justify his registration as a citizen, the Board may cause such person to be registered as a citizen. 13. (1) The President may as a token of honour cause to be registered as President's power to cause a citizen any person who in his opinion has done signal honour or rendered distinguished service to Zambia. persons to be registered as citizens (2) The President may cause to be registered as a citizen any person not otherwise entitled to or eligible for citizenship of Zambia with respect to whom special circumstances exist which, in the opinion of the President, warrant such registration. 14. Repealed by Act No. 17 of 1986.

15. Obsolete 16. (1) A person to whom the provisions of Article 6 of the constitution Other persons apply may make an application to the Board for registration as a citizen entitled to be in such manner as may be prescribed. registered as citizens. Cap. 1 (2) The Board may grant the application for registration as a citizen of a person who applies for such registration under the provisions of subsection (1) if the Board is satisfied that he-

(a)

is, at the date of his application, ordinarily resident in Zambia;

(b) has, at the date of his application, been ordinarily resident in Zambia for the period of ten years immediately preceding that date; (c) is of good character;

(d) has an adequate knowledge of the English language or any language commonly used by the indigenous inhabitants of Zambia which may be prescribed; (e) (i) (ii) (f) intends, after the granting of his application, tocontinue to reside in Zambia; or enter or continue in the service of the Government; is willing to renounce any citizenship which he may possess; and

(g) has not been refused registration as a citizen within the period of five years immediately preceding his application. (3) Any person born in Zambia before the commencement of the Cap. 1 Constitution whose father was not a citizen at the time of such person's birth and who ceased to be a citizen by reason of his failure to renounce his citizenship by descent, may make an application to the Board for registration as a citizen; and the Board may grant such application upon the condition that the applicant shall produce a certificate of renunciation of his original citizenship within three months from the date on which he is notified that his application for registration as a citizen has been granted. (4) The Board may, on application in writing, grant to any person to whom subsection (3) applies an extension of the period in which he may renounce his other citizenship. (5) For the purposes of subsections (2) and (3) where, under the law of a country other than Zambia a person cannot renounce his citizenship of that other country, he need not make such renunciation but he may instead make such declaration concerning such citizenship in such manner as may be prescribed.

(6) The Board shall cause every person to whom a certificate of registration has been granted to be notified of the time within which and the person before whom he may take the oath of allegiance or produce a certificate of renunciation. (7) A certificate of registration shall be of force and effect only when the person to whom it has been granted has taken the oath of allegiance and produced a certificate of renunciation, and, subject to the provisions of subsection (4), that person shall become a citizen by registration on the day when such certificate becomes of force and effect. 17. Application for registration as a citizen under sections fifteen and sixteen shall not be made by or on behalf of any person who, under any law in force in Zambia, is adjudged or otherwise declared to be of unsound mind. Persons excluded from applying for registration as citizens Period to count as period of residence Cap. 1

18. The period to be taken into account in computing the period of ten years mentioned in Article 6(i)(b) of the Constitution shall be that period during which a person has the right to reside in Zambia by virtue of an entry permit. (As amended by No. 17 of 1986 PART V CESSER, DEPRIVATION AND RENUNCIATION OF CITIZENSHIP

19. (1) A person to whom the provisions of Article 5 of the Constitution Cesser of apply and who is a citizen or has a claim to the citizenship of a country citizenship. other than Zambia shall cease to be a citizen upon attaining the age of Cap. 1 twenty-two years unless, after attaining the age of twenty-one years, he renounces his citizenship of that other country or of any claim thereto in such manner as may be prescribed. (2) Any citizen of full age who by voluntary act, other than marriage, acquires the citizenship of a country other than Zambia, or who does any act indicating his intention to adopt or make use of such other

citizenship, shall cease to be a citizen on the date of his acquisition of the citizenship of that other country. (3) Repealed by No. 17 of 1986 (4) A person to whom the provisions of Article 9 (2) of the Constitution Cap. 1 apply shall cease to be a citizen at the expiration of three months after he becomes a citizen unless he renounces his citizenship of a country other than Zambia, takes the oath of allegiance and makes and registers a declaration of his intention concerning residence in such manner as may be prescribed. (5) For the purposes of this Part, where under the law of a country other than Zambia a person cannot renounce his citizenship of that other country, he need not make such renunciation but he may instead make such declaration concerning such citizenship in such manner as may be prescribed. (As amended by No. 17 of 1986) 20. Where, under the provisions of this Part or of Part II of the Extension of Constitution, the period within which any person is required to make a period. Cap. 1 renunciation of citizenship or take the oath of allegiance or make and register a declaration of his intention concerning residence is prescribed, the Board may grant an extension of such period, and, where such extension is granted, the person concerned shall cease to be a citizen only if, at the expiration of the extended period, he has not made the renunciation or taken the oath of allegiance or made and registered a declaration of his intention concerning residence, as the case may be. 21. Notwithstanding anything to the contrary contained in this Part, a Restoration of person who ceases to be a citizen and who satisfies the Board that at the lapsed time of the cesser of his citizenship of Zambia that he was unaware of citizenship such cesser may make application to the Board for his citizenship of Zambia to be restored. 22. (1) A person to whom the provisions of section thirteen apply may Deprivation of be deprived of his citizenship of Zambia if, at any time, the President citizenship decides that his continued citizenship of Zambia is not conducive to the public good.

(2) Any decision of the President depriving any citizen of his citizenship of Zambia under subsection (1) shall be final and shall not be subject to appeal or review in any court. (3) The Board may, subject to the provisions of this section, by order, Cap. 1 deprive any citizen (other than a citizen to whom the provisions Article 4 or 5 of the Constitution apply) of his citizenship of Zambia if the Board is satisfied(a) that the citizen has shown himself by act or speech to be disloyal or disaffected towards Zambia; (b) that the citizen has, during any war in which Zambia was engaged, unlawfully traded or communicated with the enemy or been engaged in or associated with any business that was to his knowledge carried on in such manner as to assist an enemy in that war; (c) that the citizen has been absent from Zambia for a continuous period of seven years without registering with a Zambia consulate in such manner as may be prescribed, or declaring by notice in writing to the Board his intention to retain his citizenship of Zambia; (d) that the registration as a citizen was obtained by means of fraud, false representation, the concealment of any material fact or through some other corrupt practice; or (e) that the citizen has, to the satisfaction of the Board, been guilty of currency smuggling or of harbouring criminals or prohibited immigrants. (4) For the purposes of paragraph (c) of subsection (3), no period(a) spent in the discharge of his duties outside Zambia by a person in the service of the Government; or (b) during which a person was absent from Zambia by reason of his service with an international organisation of which the Government was, at the time of such service, a member; shall be taken into account for the purpose of determining the length of a person's absence from Zambia.

(5) The Board shall not deprive a person of his citizenship under this section unless the Board is satisfied that it is not conducive to the public good that such person should continue to be a citizen. (6) Before making an order under this section, the Board shall give the person against whom the order is proposed to be made notice in writing informing him of the ground on which it is proposed to be made and of his right to have his case referred for inquiry as provided in subsection (7). (7) If a person notified in pursuance of the provisions of sub-section (6) applies for an inquiry within such time and in such manner as may be prescribed, the Board shall refer the case for inquiry and report to a commissioner appointed by the Board for the purpose. Cap. 41 (8) The powers, rights and privileges of a commissioner appointed in terms of subsection (7) shall be the same as those conferred on a commissioner by the Inquiries Act, and the provisions of that Act shall, mutatis mutandis, apply in relation to an inquiry under this section and to a person summoned to give evidence or giving evidence at the inquiry. (9) A person shall not be qualified for appointment as a commissioner unless he is or has been a Judge of the Supreme Court, or the High Court. 23. (1) Repealed by Act No. 17 of 1986 Renunciation of citizenship

(2) A citizen of full age and capacity who(a) is also a citizen of a country other than Zambia; or

(b) satisfies the Board that he will, after renouncing his citizenship of Zambia, become a citizen of another country; may, in such manner as may be prescribed, make a declaration of renunciation of his citizenship of Zambia and the Board shall, subject to

the provisions of subsection (3), cause such declaration to be registered. (3) The Board may decline to register any declaration of renunciation of citizenship made during any war in which Zambia may be engaged. (4) Subject to the provisions of subsection (5), the person making a declaration of renunciation of citizenship of Zambia shall cease to be a citizen upon registration of such declaration. (5) Where a citizen who has satisfied the Board as provided in paragraph (b) of subsection (2) does not thereafter become a citizen of another country within six months from the date of registration of his declaration of renunciation, he shall be, and be deemed to have remained, a citizen of Zambia, notwithstanding the registration of his declaration of renunciation. PART VI SUPPLEMENTAL 24. (1) The Board may, in such cases as it thinks fit, on the application Certificates of of any person with respect to whose citizenship of Zambia a doubt citizenship in exists, whether on a question of fact or law, certify that such person is a cases of doubt citizen. (2) A certificate issued under subsection (1) shall, unless it is proved that it was obtained by means of fraud, false representation, the concealment of any material fact, or through some other corrupt practice, be conclusive evidence that the person was a citizen on the date of the issue of the certificate, but without prejudice to any evidence that he was a citizen at an earlier date. 25. (1) Every document purporting to be a notice, certificate, order or Evidence declaration, or any entry in a register, given, granted or made under Part Cap. 1 II of the Constitution or under this Act shall be received in evidence, and shall, unless the contrary is proved, be deemed to have been given, granted or made by or on behalf of the person by whom or on whose behalf it purports to have been given, granted or made.

(2) Prima facie evidence of any such document referred to in subsection (1) may be given by production of a document purporting to be a certified true copy thereof by such person and in such manner as may be prescribed. (3) An entry in a register made under Part II of the Constitution or under Cap. 1 this Act shall be received as evidence of the matters stated therein. (4) For the purposes of this Act, a certificate given by any Permanent Secretary stating that a person was at any time in the service of the Government shall be conclusive evidence of that fact. 26. (a Every application made under this Actshall be in such manner as may be prescribed; Manner of making applications

(b) shall be supported by such evidence of the statements made therein as may be prescribed; (c) shall be verified by affidavit or a declaration made before a magistrate or commissioner for oaths; and (d) shall be accompanied by such fee as may be prescribed. Offences

27. (1) Any person who-

(a) for the purpose of procuring anything to be done or not to be Cap. 1 done under the provisions of Part II of the Constitution or under this Act; or (b) in connection with the performance of any function of the Board, wilfully gives to the Board or any member thereof any information, or makes any statement which he knows to be false or misleading in any material particular, or recklessly makes any statement which is false or misleading in any material particular; shall be guilty of an offence and shall be liable on conviction to a fine not exceeding five thousand penalty units or to imprisonment for a term not exceeding twelve months, or to both. (2) Any person who, otherwise than in the course of his duties directly or indirectly by himself or by or through any other person in any manner

whatsoever, influences or attempts to influence any decision of the Board shall be guilty of an offence and shall be liable on conviction to a fine of twenty five thousand penalty units to imprisonment for a term of five years, or to both. (3) The liability of any person in relation to any offence shall not be affected by any cesser, renunciation or deprivation of his citizenship of Zambia after the commission of the offence. (As amended by Act No. 13 of 1994) 28. Notwithstanding anything to the contrary contained in any other Communications of Board to be written law, no person shall in any legal proceedings be permitted or compelled to produce or disclose any communication, either written or privileged oral, which has taken place between the Board and any member thereof, or between any member of the Board and the secretary in the performance of any of the functions of the Board, unless the Chairman consents in writing to such production or disclosure. 29. (1) No member or any other person shall, without the consent in writing of the Chairman, publish or disclose to any person otherwise than in the course of his duties the contents or any part of the contents of any document, communication or information whatsoever, which has come to his knowledge in the course of his duties under this Act. Prohibition of publication and disclosure of information to unauthorised persons

(2) Any person who knowingly acts in contravention of the provisions of subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding one thousand penalty units or to imprisonment for a term not exceeding six months, or to both. (3) If any person having information which to his knowledge has been published or disclosed in contravention of subsection (1) publishes or communicates any such information to any other person, otherwise than for the purpose of any prosecution under this Act or in the course of his duties, he shall be guilty of an offence and shall be liable on conviction to a fine not exceeding one thousand penalty units or to imprisonment not exceeding six months, or to both. (As amended by Act No. 13 of 1994) 30. No action or other proceeding shall lie against any member for or Immunity of

in respect of any act done or omitted to be done in good faith in the exercise or purported exercise of his duties under this Act. 31. No prosecution shall be instituted in respect of any offence under subsection (2) of section twenty-seven or section twenty-nine except by or with the written consent of the Director of Public Prosecutions. 32. The Board shall as soon as may be after the 31st December of every calendar year submit to the National Assembly a report on its work during the year. 33. (1) The Board may, by statutory instrument, make regulations generally for carrying into effect the purposes of this Act. (2) Without prejudice to the generality of the foregoing provision, the Board may make regulations for(a) the publication by Gazette notice of the names and addresses of-

members

Fiat of Director of Public Prosecutions Annual report

Regulations

(i) persons to be registered or confirmed as citizens, subject to the renunciation of any other citizenship they may have; (ii) persons whose registration as citizens has been cancelled for failure to renounce any other citizenship they may have; (iii) citizens who have ceased to be such citizens by a formal act of renunciation of their Zambian citizenship following the acquisition of the citizenship of a country other than Zambia; (iv) citizens who have ceased to be such citizens following deprivation of their Zambian citizenship by the Board; (b) prescribing anything which under this Act may or is to be prescribed; (c) the registration of anything required or authorised to be registered under Part II of the Constitution or under this Act; (d) the administration and taking of the oath of allegiance under this Act, the time within which the oath of allegiance shall be taken, and the registration of oaths of allegiance; (e) the giving of any notice required or authorised to be given to any Cap. 1

person under this Act; (f) the cancellation of the registration of, and the cancellation of certificates of registration relating to, persons being deprived of or renouncing citizenship under this Act, and requiring such certificates to be delivered up for that purpose; (g) the registration by persons or classes of persons authorised in that behalf by the Board, of the births and deaths of persons of any class or description born or dying elsewhere than in Zambia; (h) enabling the births and deaths of citizens born or dying in any country in which the Government has for the time being no diplomatic or consular representatives to be registered by persons serving in the diplomatic, consular or other foreign service of any country which, by arrangement with the Government, has undertaken to represent the Government's interests in that country, or by a person authorised in that behalf by the Board; (i) defining the circumstances in which and the conditions subject to which copies of certificates issued under this Act may be obtained; (j) the imposition and recovery of fees in respect of any application Cap. 1 made to the Board or in respect of any registration, the making of any Cap. 1 declaration, the grant of a certificate, or the taking of the oath of allegiance authorised to be made, granted or taken under Part II of the Constitution or under this Act, and in respect of supplying a certified copy of any notice, certificate, order, declaration, entry or oath made, granted or taken under that Part of the Constitution or this Act, and for the application of any such fees. (3) In prescribing the manner in which application may be made for any purpose under this Act, the Board may prescribe different procedures to be followed by different classes of persons. 34. (1) The Citizenship of Zambia Act, Chapter 121 of the Revised Edition, is hereby repealed. (2) Notwithstanding the repeal of the said Act(a) any regulations made under that Act; Repeal and Saving

(b) any certificates, orders and acts, granted, made or done, as the case may be, under that Act; having force and effect, or in operation, as the case may be, immediately before the commencement of this Act shall, in so far as they are not inconsistent with this Act, be deemed to have been made, granted or done, as the case may be, under this Act.
SUBSIDIARY LEGISLATION

CITIZENSHIP OF ZAMBIA THE CITIZENSHIP OF ZAMBIA REGULATIONS [ARRANGEMENT OF REGULATIONS]

PART I PRELIMINARY
Regulation 1. 2. 3. Title Interpretation Appointment and duties of Citizenship Officer

PART II APPLICATION FOR REGISTRATION AS A CITIZEN OF ZAMBIA

4. 5. 6. 7. Making of applications Advertisement of intention to apply for registration Obsolete Obsolete

8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18.

Obsolete Registration under Article 6 of Constitution Registration under section 12 (1) of Act Registration under section 16 (3) of Act Certificate of registration Withdrawal of certificate of registration Oath of allegiance Declaration in lieu of renunciation Alternative forms for application Prescription of languages Evidence in support of application

PART III LOSS OF CITIZENSHIP

19. 20. 21. Renunciation of citizenship Procedure for deprivation of citizenship Surrender of certificate of registration

PART IV MISCELLANEOUS
Regulation 22. 23. 24. 25. 26. 27. Registers Registration of intention to remain Zambian Certificate in cases of doubt Certified copies of documents Impounding of certain documents Prescribed fees

FIRST SCHEDULE-Prescribed forms

SECOND SCHEDULE-Prescribed fees SECTION 33-THE CITIZENSHIP OF ZAMBIA REGULATIONS Regulations by the Citizenship Board
Statutory Instrument 56 of 1977 Act No. 13 of 1994 38 of 1997

PART I PRELIMINARY
1. These Regulations may be cited as the Citizenship of Zambia Regulations.* 2. In these Regulations, unless the context otherwise requires"Board" means the Citizenship Board established by section three of the Act; "Chief Immigration Officer" shall have the meaning assigned thereto in Cap. 123 the Immigration and Deportation Act; "Citizenship Office" means the office of the Citizenship Officer; "Citizenship Officer" means the person appointed under regulation 3 to be a Citizenship Officer; "immigration officer" shall have the meaning assigned thereto in the Immigration and Deportation Act; "Secretary" means the secretary of the Board; "senior government officer" means any officer in the service of the Government who is in receipt of a salary exceeding K2,500 per annum. 3. (1) There shall be a Citizenship Officer who shall be a public officer. Appointment and duties of Cap. 123 Title

Interpretation

Citizenship Officer (2) A Citizenship Officer shall, subject to the orders and directions of the Board, carry out the duties imposed upon him by these Regulations.

PART II APPLICATION FOR REGISTRATION AS A CITIZEN OF ZAMBIA

4. Every application made in accordance with this Part shall be Making of addressed to the Citizenship Officer who shall, on receipt thereof and applications after ensuring that the application is duly and properly made as required by these Regulations, lodge the same with the secretary for consideration by the Board. 5. Every applicant for registration as a citizen of Zambia under Article 6 of the Constitution shall publish in the Gazette and in two consecutive issues of a newspaper registered under the Printed Publications Act and circulating in his area of residence, a notice of intention to apply for registration as a citizen of Zambia in Form 1 in the First Schedule: Advertisement of intention to apply for registration. Cap. 1 Cap. 161

Provided that the Board may in writing exempt any person or by statutory order exempt any class of persons from compliance with the provisions of this regulation. 6. 7. 8. Obsolete. Obsolete. Obsolete.

9. An application for registration as a citizen of Zambia under Article Registration 6 of the Constitution shall be in Form 5 in the First Schedule. under the Constitution. Cap. 1 10. An application made by the parent or guardian of any person not of Registration full age who is the child of a citizen of Zambia under subsection (1) of under section section twelve of the Act shall be in Form 6 in the First Schedule. 12 (1) of Act 11. An application for registration as a citizen of Zambia made under Registration subsection (3) of section sixteen of the Act shall be in Form 7 in the First under section 16 (3) of Act Schedule. 12. Upon registration of a person as a citizen of Zambia a certificate of Certificate of registration in Form 8 in the First Schedule shall be issued by the Board registration and signed by the Citizenship Officer. 13. (1) Where any person registered as a citizen of Zambia is required Withdrawal of to renounce his citizenship of any country other than Zambia, to take the certificate of oath of allegiance or to register a declaration of intention concerning his registration residence in Zambia, the certificate of registration issued in respect of such person may, subject to the provisions relating to extension of time contained in the Act, be withdrawn at the expiration of a period of three months following his registration unless such person has earlier renounced the citizenship of that other country, taken the oath of allegiance and registered such declaration of intention concerning his residence in Zambia as may be required. (2) Where under the law of any country a person cannot renounce his citizenship, a person required to renounce the citizenship of such country may, in lieu of renunciation, subscribe and attest a declaration in the form prescribed herein to the effect that he does not have any claim to that other citizenship. (3) Where an extension of time within which any person is required to make a renunciation of citizenship or take the oath of allegiance has been granted pursuant to the provisions relating to extension of time contained in the Act, the Citizenship Officer shall endorse the fact of such extension on the certificate of registration.

(4) A certificate of renunciation or a declaration in lieu thereof, as the case may be, shall be registered at the Citizenship Office. 14. The oath of allegiance required to be taken under the Constitution Oath of shall be subscribed and attested in Form 9 in the First Schedule and shall allegiance. be registered at the Citizenship Office. Cap. 1 15. A declaration in lieu of renunciation made under subsection (5) of Declaration in section nineteen of the Act shall be in Form 10 in the First Schedule and lieu of shall be registered at the Citizenship Office. renunciation 16. Where a person wishes to make an application or declaration under Alternative any of these Regulations and the form referred to in the regulation is, in forms for application the opinion of the Board, unsuitable to the particular case, the Board may authorise the application or declaration to be in some other form. 17. The following languages commonly used by the indigenous inhabitants of Zambia are hereby prescribed for the purposes of paragraph (d) of subsection (2) of section sixteen of the Act, namely: Bemba, Kaonde, Lozi, Lunda, Luvale, Nyanja and Tonga. 18. (1) No evidence other than the evidence prescribed in this regulation shall be accepted by the Board in support of any application made under the Act: Provided that the Board may, where the circumstances of any particular case so warrant, in its discretion accept evidence other than the evidence prescribed in this regulation. (2) In any application made under the Act(a) any statement concerning particulars of birth shall be supported by a birth certificate issued in respect of such birth or an affidavit of the date and place of such birth; (b) any statement concerning particulars of marriage shall be supported by a marriage certificate issued in respect of such marriage; Prescription of languages

Evidence in support of application

(c) any statement concerning particulars of citizenship shall be supported by a passport, a certificate of registration, a national registration card, a birth certificate, or an affidavit of the date and place of birth, issued or, as the case may be, made on the grounds of such citizenship. (3) Every application for registration as a citizen made under Article 6 Cap. 1 of the Constitution shall include a certificate of status as an established Cap. 122 resident issued by the Chief Immigration Officer under the Immigration and Deportation Act, or as the case may be, a certificate of residence issued in the same manner. (4) Every application submitted in accordance with regulation 9 shall be sponsored by four persons who are citizens of Zambia and at least two of whom shall be persons from the following category, that is to say: a member of the National Assembly; a senior government officer; a magistrate; a legal practitioner; a bank official; a municipal councillor; the chairman of a township council; the chairman of a rural council; an ordained minister of religion; or a medical practitioner. (5) Every application, declaration, or oath of allegiance required to be made by or under these Regulations shall have no effect unless it is made in the presence of, or administered by, a magistrate or a commissioner for oaths and signed by that magistrate or commissioner for oaths. (6) Any certificate, declaration, or affidavit issued or, as the case may be, sworn before the advocate of the applicant shall not be valid for the purposes of these Regulations.

PART III LOSS OF CITIZENSHIP

19. A declaration of renunciation of Zambian citizenship shall be in Form 11 in the First Schedule and shall be registered at the Citizenship Renunication of citizenship

Office. 20. (1) Where it is proposed to make an order under section twenty-two Procedure for of the Act depriving a person of his citizenship of Zambia, the notice deprivation of required to be given to such person by subsection (6) of that section may citizenship be given(a) in any case where that person's whereabouts are known, by causing the notice to be delivered to him personally or by sending it to him by registered post; (b) in any case where that person's whereabouts are not known, by sending it to his last known address. (2) Where the Board has given notice as aforesaid and the person to whom it is given has the right, on making application therefor, to an inquiry under subsection (7) of section twenty-two of the Act, the application shall be made(a) if that person is in Zambia at the time when the notice is given to him, within seven days from the giving of the notice; (b) in any other case, within such time, not being less than seven days from the giving of the notice, as the Board may determine: Provided that the Board may in special circumstances at any time extend the time within which the application may be made. (3) Any notice given in accordance with the provisions of this regulation shall, in any case in which the person to whom it is given has the right, on making application therefor, to an inquiry under subsection (7) of section twenty-two of the Act, include a statement of the time within which such application must be made. 21. Where an order has been made depriving a person of his citizenship of Zambia, his name shall be removed from the register of citizens and, if required by notice in writing given by the Board, such person or any other person who is in possession of the relevant certificate of registration shall deliver up the same to such person and within such time as may be specified in the notice, and the said Surrender of certificate of registration

certificate shall be cancelled.

PART IV MISCELLANEOUS
22. (a) (b) The Board shall maintain the following registers, that is to say: a register of citizens by registration; a register of persons who have renounced citizenship; Registers

(c) a register of persons who have been deprived of citizenship or whose citizenship has ceased under any provision of the Act; (d) a register of declarations of intent to retain Zambian citizenship made under paragraph (c) of subsection (3) of section twenty-two of the Act, and of any registrations made under the same provision. 23. (1) The registration required to be made with a Zambia consulate by paragraph (c) of subsection (3) of section twenty-two of the Act and the declaration required by the aforesaid provision to be made by notice in writing to the Board, shall be made by means of a letter addressed to a Zambia consulate or the Board, as the case may be, stating the name and address of the citizen to whom it relates, the date and number of the certificate of registration, the date of his last registration or declaration, as the case may be, and his intention of retaining his citizenship. (2) The letter shall be despatched so as to reach the Zambia consulate or the Board, as the case may be, not later than the seventh anniversary of the date of the applicant's departure from Zambia or, in the case of a subsequent registration or declaration, not later than the seventh anniversary of the date of the last registration or declaration. (3) Every registration received by a Zambia consulate shall be registered at that consulate and every declaration received by the Board shall be registered at the Citizenship Office. 24. A certificate of citizenship to be given in cases of doubt pursuant to Certificate in subsection (1) of section twenty-four of the Act shall be in Form 12 in cases of doubt Registration of intention to remain Zambian

the First Schedule and shall be signed by the Citizenship Officer with the approval of the Board in each case. 25. A document may be certified to be a true copy of a document for Certified copies the purpose of subsection (2) of section twenty-five of the Act by means of documents of a statement in writing to that effect signed by the Citizenship Officer. 26. Where it appears to the Citizenship Officer, an immigration officer Impounding of or a police officer that reasonable grounds exist for believing that any certain documents passport or national registration card was wrongfully obtained or is wrongfully possessed, it shall be lawful for the Citizenship Officer, such immigration officer or police officer, to impound the said passport or registration card pending the conclusion of any investigation which may be commenced in relation thereto. 27. (1) Subject to the other provisions of this regulation, the fees specified in the Second Schedule shall be payable to the Citizenship Officer in respect of the matters specified therein. (2) Of the fee payable in respect of the grant of a certificate of registration, 10 fee units shall be payable on the application for such certificate and the balance shall be payable upon the receipt of a decision to grant a certificate, where such a decision is made: Provided that where a husband and wife apply at the same time for certificates and are residing together at the time of the applications and at the time of receipt of the decision to grant certificates (where such a decision is made), the balance shall be payable in respect of one certificate only. (3) The Board may, in respect of any person or class of persons, waive or reduce any fee payable under these Regulations. (4) Any fee which is required to be paid under these Regulations and which is paid in accordance therewith shall in no circumstances be refunded. (As amended by Act No. 13 of 1994) Prescribed fees

FIRST SCHEDULE

PRESCRIBED FORMS

FORM 1 (Regulation 5)
Zambia Coat of Arms THE CITIZENSHIP OF ZAMBIA ACT NOTICE OF INTENTION TO APPLY FOR REGISTRATION NOTICE IS HEREBY GIVEN that of (present address) is applying to the Board for registration as a citizen of the Republic of Zambia, and that any person who knows any reason why registration should not be granted should send a written and signed statement of such reason to the Citizenship Officer, P.O. Box 104, Lusaka, within twenty-eight days from the date of this publication.

FORM 5 (Regulation 9) Zambia Coat of Arms

THE CITIZENSHIP OF ZAMBIA ACT APPLICATION FOR REGISTRATION AS A CITIZEN OF ZAMBIA (Under Article 6 of the Constitution) PART I-APPLICATION 1. of I, do state that(a) I am of full age and capacity/a woman who is or has been married; (b) I am ordinarily resident in Zambia and I have been so resident for a continuous period of not less than ten years immediately preceding this application; (c) I am of good character and I have an adequate knowledge of the English/ ................................................... language (as prescribed); (d) In the event of this application being granted I intend to continue to reside in Zambia/to enter or continue in the service of the Government, and to renounce any other citizenship which I possess; (e) I have not been refused registration as a citizen within the period of five years immediately preceding this application. 2. My intention to apply for registration was published in the Gazette dated ............... ................................................... and in two issues of ....................... ........................... (state name of paper) dated.....and....., which is a newspaper circulating in my area of residence. 3. I hereby apply to be registered as a citizen of Zambia.

Declared at ........................... this ............................. day of .............................., 19........

Signature PART II-PARTICULARS OF APPLICANT 4. Place and date of birth of applicant 5. Nationality at birth

6. 7. 8. 9. 10. 11.

Nationality if now different Address in Zambia Occupation State if single, married, widowed or divorced Father's full name and address (if living) Father's nationality (if dead, give nationality at time of death) 12. Mother's full name and address (if living) 13. Mother's nationality

(if dead, give nationality at time of death) 14. Date of any previous application for registration 15. If original name has been changed, give particulars 16. 17. If nationality has changed since birth, give particulars If now of no nationality, give circumstances in which nationality was lost

18. Give particulars of all criminal proceedings taken against the applicant at any time and in any country

19. 20. 21. 22.

If married, give date and place of marriage Husband's full name or wife's full name before marriage If husband or wife is dead, give place and date of death If marriage is dissolved, give date and place

23.

Give particulars of legitimate children:

Full name of each child

Date of birth

Place of birth

Where now resident

24.

Give details of previous residence in Zambia: To (date) Address Years Months

From (date)

(NOTE-Any period spent as an inmate of a prison or mental institution or any period spent as a visitor to this country or under a temporary residence permit does not count as residence.)

PART III-CERTIFICATES OF SPONSORS 25. I, of being a citizen of Zambia hereby certify that the applicant herein is a person known to me and is of good character; that in my opinion he would be a suitable citizen of Zambia; and that the particulars in Part II of this application are correct to the best of my knowledge and belief. I am not the solicitor or agent of the applicant and I have known him for .............................................. years. Dated this ................................ 19......... ............. day of ...................................................,

........................................................................................... Witness to Signature Signature of Sponsor Designation 26. I, of being a citizen of Zambia hereby certify that the applicant herein is a person known to me and is of good character; that in my opinion he would be a suitable citizen of Zambia; and that the particulars in Part II of this application are correct to the best of my knowledge and belief. I am not the solicitor or agent of the applicant and I have known him for .......................... years. ............. day of ...................................................,

Dated this ................................ 19.........

........................................................................................... Witness to Signature Signature of Sponsor

Designation (NOTE-The sponsor in the case of paragraphs 25 and 26 must be a Member of the National Assembly, a Senior Government Officer, a Magistrate, a Legal Practitioner, a Bank Official, a Municipal Councillor, a Chairman of a Township or a Rural Council, an ordained Minister of Religion or a Medical Practitioner, being a citizen of Zambia himself.) 27. I, of being a citizen of Zambia hereby certify that the applicant herein is a person known to me and is of good character; that in my opinion he would be a suitable citizen of Zambia; and that the particulars in Part II of this application are correct to the best of my knowledge and belief. I am not the solicitor or agent of the applicant and I have known him for .......................... years. ........................................................................................... Witness to Signature Signature of Sponsor 28. I, being a citizen of Zambia hereby certify that the applicant herein is a person known to me and is of good character; that in my opinion he would be a suitable citizen of Zambia; and that the particulars in Part II of this application are correct to the best of my knowledge and belief. I am not the solicitor or agent of the applicant and I have known him for .......................... years. ........................................................................................... Witness to Signature Signature of Sponsor (NOTE-The sponsors in the case of paragraphs 27 and 28 need not be in the class mentioned in the note to paragraphs 25 and 26.) PART IV-DECLARATION BY APPLICANT 29. I, do solemnly and sincerely declare that to the best of my knowledge and belief the particulars stated in this application are true and I undertake in the event of my registration as a citizen of Zambia to renounce any nationality or citizenship which I possess. Signature Declared at .................. 19......... ......... this ............................. day of ..............................,

*(Magistrate/Commissioner for Oaths) *Delete whichever is not applicable.

FOR OFFICIAL USE ONLY Documents produced: Passport No. Other documents

FORM 6 (Regulation 10) Zambia Coat of Arms

THE CITIZENSHIP OF ZAMBIA ACT APPLICATION FOR REGISTRATION AS A CITIZEN OF ZAMBIA (Under Section 12 (1) of the Act) PART I-APPLICATION 1. I, of being a parent/guardian of (name of minor do state that(a) ....................................................................... ............................... is not of full age; (name of minor)

(b) ........................................ ............ is the child of ..................................................... (name of minor) who is a citizen of Zambia. 2. I do hereby apply to have the said (name of minor) registered as a citizen of Zambia. Dated at ................................ this .............................. day of .............................., 19........ PART II-PARTICULARS OF MINOR AND PARENT 3. Place and date of birth of minor (NOTE-The applicant must produce a birth certificate or a sworn affidavit of date and place of birth.) 4. Place and date of *father's/mother's birth 5. Evidence of *father's/mother's citizenship of Zambia (NOTE-The applicant must produce the father's/mother's birth certificate or a sworn affidavit of date and place of birth or father's/mother's certificate of registration.)

PART III-DECLARATION BY APPLICANT I, ............................................................................................................, do solemnly and sincerely declare that to the best of my knowledge and belief the particulars stated in this application are true.

Signature of Applicant Declared at ....................... .... this ............................. day of .............................., 19......... *(Magistrate/Commissioner for Oaths) *Delete whichever is not applicable. FOR OFFICIAL USE ONLY Documents produced: Birth Certificate No. Certificate of Registration/Naturalisation No. Other documents

FORM 7 (Regulation 11) Zambia Coat of Arms

THE CITIZENSHIP OF ZAMBIA ACT APPLICATION FOR REGISTRATION AS A CITIZEN OF ZAMBIA (Under Section 16 (3) of the Act) PART I-APPLICATION 1. I, of do state that(a) I am of full age and capacity/a woman who is or has been married; (b) I was born in Zambia before the 25th August, 1973; (c) My father was not a citizen at the time of my birth; (d) I ceased to be a citizen by reason of my failure to renounce my citizenship by descent. 2. I hereby apply to be registered as a citizen of Zambia. Dated at .................... 19....... .......... this ............................ day of ..................................,

Signature PART II-PARTICULARS OF APPLICANT 3. Place and date of birth of applicant (NOTE-The applicant must produce his birth certificate or sworn affidavit of date and place of birth.) 4. Place and date of father's birth PART III-DECLARATION BY APPLICANT I, .............................................................................. .............. do solemnly and sincerely declare that to the best of my knowledge and belief the particulars stated in this application are true, and I undertake to produce a certificate of renunciation of my original citizenship as required by law in the event of notification that this application has been granted. Signature of Applicant

Declared at ........................... this ............................. day of .............................., 19......... *(Magistrate/Commissioner for Oaths) *Delete whichever is not applicable.

FORM 8 (Regulation 12) Zambia Coat of Arms

THE CITIZENSHIP OF ZAMBIA ACT CERTIFICATE OF REGISTRATION WHEREAS has applied to the Citizenship Board for a certificate of registration alleging with respect to himself (herself) the particulars set out below, and has satisfied the Board that the conditions set out in the Citizenship of Zambia Act for the grant of a certificate of registration are fulfilled: NOW, THEREFORE, the Board, in pursuance of the powers conferred upon it by the said Act grants to the said ....................................... this certificate of registration, and declares that upon taking the Oath of Allegiance within the time and in the manner required by the regulations made in that behalf he (she) shall be a citizen of Zambia as from the date of this certificate. IN WITNESS WHEREOF I have hereto subscribed my name this ......................................... day of ........................................., 19............ Citizenship Officer PARTICULARS RELATING TO APPLICANT Full name Address Profession or occupation Place and date of birth Nationality at birth Marital status Name of wife or husband Names and nationalities of parents: Father Mother The Oath of Allegiance was sworn and subscribed before a Magistrate/ Commissioner for Oaths on the ....................................... ...... day of ..........................................., 19........ Certificate of Renunciation/Declaration in lieu of Certificate of Renunciation registered on the ................................................ ....... day of .................................................., 19........

FORM 9 (Regulation 14) Zambia Coat of Arms

THE CITIZENSHIP OF ZAMBIA ACT OATH OF ALLEGIANCE I, ............................................................................................................... ........................ do swear that I will be faithful and bear true allegiance to the President of the Republic of Zambia and that I will preserve, protect and defend the Constitution of Zambia as by law established. SO HELP ME GOD Signature Sworn and subscribed this ..................... ............... day of .................................., 19......... *(Magistrate/Commissioner for Oaths) *Delete whichever is not applicable.

FORM 10 (Regulation 15) Zambia Coat of Arms

THE CITIZENSHIP OF ZAMBIA ACT DECLARATION BY A CITIZEN OF A COUNTRY WHOSE LAW PRECLUDES RENUNCIATION OF CITIZENSHIP (Under Section 19 (5) of the Act) 1. I, do state that-

(a) I am of full age and capacity and was born at ..................................................... ...... on .............................................................; (b) I am a citizen of Zambia by *birth/descent/registration; (c) I am also a citizen/national of ..............................................., and under the law of that country it is impossible for me to renounce my citizenship of that country; (d) I hereby divest myself of my allegiance to .................................................. and enjoyment of the protection of that country. 2. I, ......................................................................., do solemnly and sincerely declare that the foregoing particulars stated in this declaration are true, and I make this solemn declaration conscientiously believing the same to be true. (Signed) Made and subscribed this .............. ............. day of ......................., 19........., before me. (Signed) *(Magistrate/Commissioner for Oaths) *Delete whichever is not applicable.

FORM 11 (Regulation 19) Zambia Coat of Arms THE CITIZENSHIP OF ZAMBIA ACT DECLARATION OF RENUNCIATION OF ZAMBIAN CITIZENSHIP 1. I, of do state that(a) I am of full age and capacity and was born at .......................................... ................ on ........................................................; (b) I *am/have/have not been married; (c) I am a *citizen/national of ................................ .................. under the law of that country/I intend to become a citizen/national of ........................................ after renouncing my citizenship of Zambia. 2. I hereby renounce my citizenship of Zambia. 3. I, ............................................ .............................................. do solemnly and sincerely declare that the foregoing particulars stated in this declaration are true and I make this solemn declaration conscientiously believing the same to be true. (Signed) .*(Magistrate/Commissioner for Oaths) *Delete whichever is not applicable.

FORM 12 (Regulation 24) Zambia Coat of Arms

THE CITIZENSHIP OF ZAMBIA ACT CERTIFICATE OF CITIZENSHIP WHEREAS .................................................................... .......... (the applicant) has applied to the Citizenship Board to certify that he/she is a citizen of Zambia; AND WHEREAS the Board is satisfied that a doubt exists with respect to the applicant's citizenship; NOW THEREFORE, the Board, in pursuance of the powers conferred upon it by the Citizenship of Zambia Act grants to the said..................... this Certificate of Citizenship. IN WITNESS WHEREOF I have hereto subscribed my name this ................................ ......... day of .............................................., 19......... Citizenship Officer PARTICULARS RELATING TO APPLICANT Full name Address Profession or occupation Place and date of birth Nationality at birth Marital status Name of wife or husband Names and nationalities of parents: Father Mother

SECOND SCHEDULE
(Regulation 27)

PRESCRIBED FEES
A. ZAMBIAN CITIZENSHIP Fees units Application for Citizenship 56 Registration for Zambian Citizenship 278 Certificate of Zambian Citizenship 2,278 Declaration of renunciation of Zambian Citizenship 111 Application form for restoration of Zambian Citizenship 28 Registration for restoration of Zambian Citizenship 167 Supplying a certified copy of any notice, certificate, order, declaration or entry given, granted or made by or under the Citizenship Act 6 B. PASSPORT AND TRAVEL DOCUMENTS Zambian Passport (32 pages) Replacement of lost, stolen or misplaced passport Local travel document of identity (paper type) Replacement of lost, stolen or misplaced travel document Revalidation of passport or travel document Endorsement of passport or travel document Application Forms 222 556 56 167 56 44 11

C. UNITED NATIONS CONVENTION ON TRAVEL DOCUMENTS (UNCTFD) UNCTD Fee 56 UNCTD Renewal Fee 28 (As amended by S.I. No. 38 of 1997)

CHAPTER 125 THE PROTECTED PLACES AND AREAS ACT

ARRANGEMENT OF SECTIONS

Section 1. 2. Short title Interpretation

3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13.

Appointment and functions of security guards Authorisation of guards and watchmen Protected places Protected areas Publication of orders Measures for protection of protected place or protected area Safeguarding of information Regulations Obstructing authorised officers Powers of arrest Application to Republic
6 of 1960 30 of 1960 4 of 1968 24 of 1977 13 of 1994 Government Notices 112 of 1964 231 of 1964 497 of 1964 Statutory Instrument 66 of 1965

CHAPTER 125 PROTECTED PLACES AND AREAS An Act to make provision for the control of the entry of persons into certain places and for the control of the movements and conduct of persons within certain areas; and to provide for matters connected therewith. [15th June, 1960]

1.

This Act may be cited as the Protected Places and Areas Act.

Short title

2. In this Act, unless the context otherwise requires"area" includes any building or structure; "authorised officer" means(a) (b) any police officer of or above the rank of Sub-Inspector; any Assistant District Secretary;

Interpretation

(c)

any security guard;

(d) any person performing the duties of a guard or watchman in a protected place or a protected area authorised in that behalf under the provisions of section four; (e) any other person or class of person declared by the President, by Gazette notice, to be such either generally or in respect of any specified place or area or classes of place or area; "premises" includes any land in Zambia and any building or structure upon such land; "protected area" means any area declared to be a protected area under the provisions of section six; "protected place" means any premises declared to be a protected place under the provisions of section five; "security guard" means a public officer appointed as a security guard. (As amended by G.N. Nos. 112 and 231 of 1964, S.I. No. 66 of 1965, No. 4 of 1968 and Act No. 24 of 1977) 3. (1) There shall be appointed as public officers such number of security guards as are necessary for the purposes of this Act.
Appointment and functions of security guards

(2) It shall be the duty of security guards to protect and guard protected places and protected areas and, while on duty at a protected area, to exercise the powers and perform the duties conferred or imposed upon them and on an authorised officer under this Act or any regulations made thereunder. (No. 4 of 1968) 4. Any Assistant District Secretary or any police officer of or above the Authorisation of guards and rank of Assistant Superintendent may authorise in writing any person performing the duties of a guard or watchman in a protected place or a watchmen protected area to exercise the powers of an authorised officer in such place or area.

Protected places 5. (1) If, in regard to any premises, it appears to the President to be necessary or expedient that special precautions should be taken to prevent the entry of unauthorised persons, he may, by statutory order, declare those premises to be a protected place for the purposes of this Act; and so long as the order is in force no person, other than a person who is, or who belongs to a class of persons which is, specifically exempted in such order, shall be in those premises unless he is in the possession of a pass card or permit issued by such authority or person as may be specified in the order, or has received the permission of an authorised officer on duty at those premises to enter them.

(2) Where under the provisions of this section any person is granted permission to be in a protected place, that person shall, while acting under such permission, comply with such directions for regulating his conduct as may be given by the authority or person granting the permission, and an authorised officer or any person authorised in that behalf by the occupier of the premises may search any person entering, or seeking to enter, or being in a protected place, and may detain any such person for the purpose of searching him. (3) If any person is in a protected place in contravention of the provisions of this section or, while in such place, fails to comply with any directions given under this section, he shall be guilty of an offence and liable to a fine not exceeding thirty thousand penalty units or to imprisonment for a period not exceeding five years, or to both, and he may in addition be removed from the place by an authorised officer or by any person authorised in that behalf by the occupier of the premises. (4) Pass cards or permits issued under the provisions of subsection (1) shall be in such form as the authority or other person issuing them may determine. (As amended by No. 30 of 1960, G.N. Nos. 112, 231 of 1964 and Act No. 13 of 1994) 6. (1) If, in regard to any area, it appears to the President to be necessary or expedient that special measures should be taken to control the movements and conduct of persons, he may, by statutory order, declare such area to be a protected area. (2) Any person who is in any protected area shall comply with such
Protected areas

directions regulating his movements and conduct as may be given by an authorised officer, and an authorised officer may search any person entering, or seeking to enter, or being in a protected area, and may detain any such person for the purpose of searching him. (3) If any person while in a protected area fails to comply with any direction given under the provisions of subsection (2), he shall be guilty of an offence and liable to a fine not exceeding thirty thousand penalty units or to imprisonment for a period not exceeding five years, or to both, and he may in addition be removed from the area by an authorised officer. (As amended by G.N. Nos. 112, 231 of 1964 and Act No. 13 of 1994) 7. An order made under this Act shall come into force upon the making Publication of thereof, and shall within seven days be published in the Gazette and in a orders newspaper circulating in the district in which the protected place or protected area to which it relates is situated: Provided that failure to publish an order in a newspaper shall not invalidate such order nor shall it be a defence to any charge under section five or six. (As amended by No. 4 of 1968) 8. (1) The Minister may, by notice in writing to the occupier of any protected place or protected area, direct such occupier at his own expense to take such measures for the better protection of the place or area as the Minister may consider reasonably necessary. (2) Any occupier aggrieved by directions given by the Minister under subsection (1) may, within fourteen days next after receiving such directions, appeal to the President. On any such appeal the President may revoke or vary the directions given by the Minister, and notice in writing of such revocation or variation shall be given by the Minister to the occupier concerned. (3) If an occupier fails or refuses within a reasonable time to comply with directions given under the provisions of subsection (1) or, where such directions have been varied by the President, with the directions as so varied, the Minister may cause such measures to be taken and may recover the expenses incurred in so doing from the occupier concerned.
Measures for protection of protected place or protected area

(As amended by G.N. Nos. 112 and 231 of 1964) 9. (1) The Minister may, by notice in writing, require an occupier of any protected place or protected area to take such steps as the Minister may deem necessary in the public interest for the safeguarding of information relating to such place or area, or for the security of any classified information or document which may be furnished to such occupier, in his capacity as such, by any public officer. (2) Any person who fails to comply with any of the requirements of a notice issued to him under subsection (1) shall be guilty of an offence and shall be liable to a fine not exceeding one thousand five hundred penalty units or to imprisonment for a period not exceeding six months, or to both. (As amended by No. 4 of 1968 and Act No. 13 of 1994)
Regulations 10. (1) The Minister may, by statutory instrument, make regulations requiring the erection by persons specified in such regulations or in any order made thereunder of warning notices at or near the site of protected places and protected areas, and such other regulations as may be necessary or expedient for carrying out the objects of this Act. Safeguarding of information

(2) Any person who contravenes or fails to comply with any regulations made under this section shall be guilty of an offence and shall be liable to a fine not exceeding seven hundred and fifty penalty units or to imprisonment for a period not exceeding three months, or to both. (As amended by Act No. 13 of 1994)
Obstructing 11. Any person who wilfully obstructs any authorised officer in the due execution of his duty or the proper exercise of his powers under this authorised officers Act or any regulations made thereunder shall be guilty of an offence and is liable, on conviction, to imprisonment for a period not exceeding five years.

(No. 4 of 1968) 12. (1) A police officer may arrest without warrant any person whom he suspects, upon reasonable grounds, of committing an offence contrary to any of the provisions of this Act or any regulations made thereunder.
Powers of arrest

(2) Within and subject to the limitations imposed by subsection (3), a security guard may, without warrant, arrest(a) any person whom he suspects, upon reasonable grounds, of committing an offence contrary to any of the provisions of this Act or any regulations made thereunder; (b) any person whom he suspects, upon reasonable grounds, of having committed a cognizable offence; (c) any person who commits a breach of the peace in his presence;

(d) any person who obstructs a security guard in the execution of his duty or any person who has escaped or attempts to escape from lawful custody; (e) any person in whose possession is found anything which may reasonably be suspected to be stolen property, or who may reasonably be suspected of having committed an offence with reference to such a thing; (f) any person whom he finds within, or in the vicinity of, a protected place or protected area during the night and whom he suspects, upon reasonable grounds, of having committed or being about to commit a felony; (g) any person having in his possession, without lawful excuse, the burden of proving which excuse shall lie on such person, any implement of housebreaking or explosive or petroleum. (3) The power of arrest conferred on a security guard by subsection (2) shall be exercisable(a) only within, or in the vicinity of, the protected place or protected area at which he is on duty; or (b) at any place other than within, or in the vicinity of, the protected place or protected area at which he is on duty, only after the immediate and continuing pursuit of a person liable to be arrested or detained under

this Act who is escaping from the protected area or the vicinity thereof; but not elsewhere or otherwise. (4) Every security guard making an arrest shall, without unnecessary delay, make over the person so arrested to a police officer, or, in the absence of a police officer, shall take such person to the nearest police station. (No. 4 of 1968) 13. The provisions of this Act, other than sections eight, nine and ten, Application to Republic shall bind the Republic.
SUBSIDIARY LEGISLATION

PROTECTED PLACES AND AREAS SECTION 5-THE PROTECTED PLACES ORDER Order by the President

CAP. 125
Government Notices 302 of 1962 497 of 1964 Statutory Instrument 53 of 1992

WHEREAS in regard to the premises set forth in column 1 of the Schedule to this Order, it appears to the President to be necessary and expedient that special precautions should be taken to prevent the entry of authorised persons: NOW THEREFORE in exercise of the powers conferred upon the President by section five of the Protected Places and Areas Act the premises set forth in column 1 of the Schedule of this Order are hereby declared to be a protected place for the purposes of the said Act and the authorities set forth in column 2 of the Schedule to this Order are specified for purposes of issuing pass cards and permits in respect of the said premises.

SCHEDULE
Column 1 The Copperbelt Power Company Limited Central Switching Column 2 The General Manager of the Copperbelt Power Company

Station and the Central African Power Corporation Sub-station and their curtilages situate on Sub.L and Sub. P of Farm No. 841 at Kitwe in the Copperbelt Province and surrounded by a security fence.

Limited. The Town Clerk, Kitwe

(As amended by S.I. No. 53 of 1992) SECTION 5-THE PROTECTED PLACES (NO. 2) ORDER Government Notices OF 1964
303 of 1962 349 of 1964 497 of 1964 Statutory instrument 53 of 1992

Order by the President WHEREAS in regard to the premises set forth in column 1 of the Schedule to this Order it appears to the President to be necessary and expedient that special precautions should be taken to prevent the entry of unauthorised persons: NOW THEREFORE in exercise of the powers conferred upon the President by section five of the Protected Places and Areas Act the premises set forth in column 1 of the Schedule to this Order are hereby declared to be a protected place for the purposes of the said Act and the authorities set forth in column 2 of the Schedule to this Order are specified for the purposes of issuing pass cards and permits in respect of the said premises.

SCHEDULE
Column 1 The Zesco Central Switching Station and its curtilage situate at Luano in the Chingola Municipality and surrounded by a security fence. Column 2 The District Engineer Zesco. The Town Clerk, Chingola

SECTION 5-THE PROTECTED PLACES (NO. 3) ORDER

Statutory Instrument 221 of 1969

Order by the President

WHEREAS in regard to the premises set forth in the Schedule to this Order it appears to the President to be necessary and expedient that special measures should be taken to prevent the entry of unauthorised persons: NOW THEREFORE in exercise of the powers conferred upon the President by section five of the Protected Places and Areas Act the premises set forth in column 1 of the Schedule to this Order are hereby declared to be a protected place for the purpose of the said Act and the authorities or persons set forth in column 2 of the said Schedule are specified for the purpose of issuing cards and permits in respect of the said premises.

SCHEDULE
Column 1 Kalibu Siding Area The area of land (including buildings and structures thereon) within a 3.218 kilometres radius of the signal box at Kalibu Siding in the Copperbelt Province. Column 2

The Permanent Secretary, Copperbelt Province.

SECTION 5-THE PROTECTED PLACES (KAFIRONDA EXPLOSIVES FACTORY) ORDER

Statutory Instrument 271 of 1970 53 of 1992

Order by the President WHEREAS in regard to the premises set out in column 1 of the Schedule it appears to the President that special precautions should be taken to prevent the entry of unauthorised persons: NOW THEREFORE in exercise of the powers conferred upon the President by section five of the Protected Places and Areas Act, the following Order is hereby made: 1. This Order may be cited as the Protected Places (Kafironda Explosives Factory) Order. Title

2. The premises set out in column 1 of the Schedule are hereby Protected places declared to be a protected place for the purposes of the said Act and the and specified authorities set out in column 2 of the said Schedule are hereby specified authority for the purposes of issuing pass cards and permits in respect of the said premises.

SCHEDULE
Column 1 The Kafironda Explosives Factory and its curtilage, situate on Lot No. 1168/M in the Mufulira Municipality Column 2 The General Manager of Kafironda Explosives Factory. The Town Clerk, Mufulira.

SECTION 5-THE PROTECTED PLACES (KAFIRONDA EXPLOSIVES MAGAZINE) ORDER

Statutory Instrument 100 of 1970 138 of 1991

Order by the President WHEREAS in regard to the premises set out in column 1 of the Schedule it appears to the President to be necessary and expedient that special precautions should be taken to prevent the entry of unauthorised persons: NOW THEREFORE in exercise of the powers conferred upon the President by section five of the Protected Places and Areas Act, the following Order is hereby made: 1. This Order may be cited as the Protected Places (Kafironda Explosives Magazine) Order. 2. The premises set out in column 1 of the Schedule are hereby declared to be a protected place for the purposes of the said act and the authority set out in column 2 of the said Schedule is hereby specified for purposes of issuing pass cards and permits in respect of the said premises. Title

Protected places and control of persons entering therein

SCHEDULE
Column 1 The Kafironda Explosives Magazine area and its curtilage, situate in the Mufulira Municipality and surrounded by a security fence. Column 2 The General Manager of Kafironda Explosives Factory.

SECTION 5-THE PROTECTED PLACES (MAPOSA SWITCHING STATION) ORDER

Statutory Instrument 167 of 1970

Order by the President WHEREAS in regard to the premises set out in column 1 of the Schedule it appears to the President to be necessary and expedient that special precautions should be taken to prevent the entry of unauthorised persons: NOW THEREFORE in exercise of the powers conferred upon the President by section five of the Protected Places and Areas Act, the following Order is hereby made: 1. This Order may be cited as the Protected Places (Maposa Switching Title Station) Order. Protected places 2. The premises set out in column 1 of the Schedule are hereby declared to be a protected place for the purposes of the said Act and the and specified authority set out in column 2 of the said Schedule is hereby specified for authority the purposes of issuing pass cards or permits in respect of the said premises.

SCHEDULE
Column 1 The Maposa Switching Station situate at Stand No. 483M approximately 27.353 kilometres from Kitwe on the Kitwe District and surrounded by a security and perimeter fence. Column 2 Zambia Electricity Supply Corporation Ltd.

SECTION 5-THE PROTECTED PLACES (PIPELINE) ORDER

Statutory Instrument

406 of 1968 53 of 1992

Order by the President WHEREAS in regard to the premises set out in column 1 of the Schedule, it appears to the President to be necessary and expedient that special precautions should be taken to prevent the entry of unauthorised persons: NOW THEREFORE in exercise of the powers conferred upon the President by section five of the Protected Places and Areas Act, the following Order is hereby made: 1. This Order may be cited as the Protected Places (Pipeline) Order. Title Protected places and control of persons entering therein

2. The premises set out in column 1 of the Schedule are hereby declared to be a protected place for the purposes of the said Act and the authorities set out in column 2 of the Schedule are hereby specified for the purposes of issuing pass cards and permits in respect of the said premises.

SCHEDULE
Column 1 The Tazama Pipeline Central Pumping Station and its Storage Tank area at Bwana Mkubwa in Ndola Urban District and surrounded by a security fence. Column 2 The General Manager of Tazama Pipeline Limited. The Town Clerk, Ndola

SECTION 5-THE PROTECTED PLACES (PIPELINE) (NO. 2) ORDER

Statutory Instrument 407 of 1968

Order by the President WHEREAS in regard to the premises set out in column 1 of the Schedule, it appears to the President to be necessary and expedient that special precautions should be taken to prevent the entry of unauthorised persons:

NOW THEREFORE in exercise of the powers conferred upon the President by section five of the Protected Places and Areas Act, the following Order is hereby made: 1. This Order may be cited as the Protected Places (Pipeline) (No. 2) Order. 2. The premises set out in column 1 of the Schedule are hereby declared to be a protected place for the purposes of the said Act, and the authorities set out in column 2 of the Schedule are hereby specified for the purposes of issuing pass cards and permits in respect of the said premises. Title

Protected places and control of persons entering therein

SCHEDULE
Column 1 The Tazama Pipeline Pumping Station at Chinsali in Chinsali District and surrounded by a security fence. Column 2 The General Manager of Tazama Pipeline Limited. The District Secretary, Chinsali.

SECTIONS 5 AND 6-THE PROTECTED PLACES AND AREAS (MILITARY ESTABLISHMENTS) ORDER Order by the President WHEREAS in regard to the premises set out in Part I of the Schedule it appears to the President to be necessary and expedient that special precautions should be taken to prevent the entry of unauthorised persons: AND WHEREAS in regard to the areas set out in Part II of the Schedule it appears to the President to be necessary and expedient that special measures should be taken to control the movement and conduct of persons:

Statutory Instrument 101 of 1970

NOW THEREFORE in exercise of the powers conferred upon the President by sections five and six of the Protected Places and Areas Act, the following Order is hereby made: 1. This Order may be cited as the Protected Places and Areas (Military Title Establishments) Order. 2. (1) The premises referred to in Part I of the Schedule are hereby declared to be protected places for the purposes of the said Act. Protected places and specified authority

(2) The Commander, Zambia Army, is hereby specified as the authority or person empowered to issue pass cards or permits in respect of the said premises to persons other than members of the Zambia Defence Force on duty, who are hereby specifically exempted from the provisions of this Order. 3. The areas referred to in Part II of the Schedule are hereby declared to Protected areas be protected areas.

SCHEDULE
(Paragraphs 2 and 3 PART I

PROTECTED PLACES
Arakan Barracks, situate on Stand No. 5197 Lusaka and surrounded by a security fence. Tug Argan Barracks and adjacent field firing area, rifle range and training area: Starting at 945 528 the boundary runs in a westerly direction to 914 523 and thence continues in a westerly direction along the security fence to 897 520; thence in a northerly direction through 890 546 and 896 564 to 892 590; thence in an easterly direction to 928 590; thence in a southerly direction to the point of starting. Map references relate to 1/50,000 sheets 1328 B1 and B2 and are based on the U.T.M. map grid. Chindwin Barracks, situate on Stand No. 1560 Kabwe and

surrounded by a security fence. Ordnance Supply Depot Mungwi Road (formerly Liverpool Street) Lusaka, situate on Stands Nos. 4786 and 4995 and surrounded by a security fence. Kalewa Barracks, situate on Stand No. 4117 Ndola and surrounded by a security fence. Giarso Barracks, situate on Stand No. 4198 Ndola and surrounded by a security fence. Taungup Barracks, situate on Stand No. 1235 Mufulira and surrounded by a security fence. Mawlaik Barracks, situate on Stand No. 3945 Kitwe and surrounded by a security fence. Burma Barracks, situate on the remaining extent of Stand No. 1717 Lusaka and surrounded by a security fence. Territorial Force Training Centre, situate on Stand No. 1231 Mufulira and surrounded by a security fence. Lusaka Ammunition Depot, situate on Lot No. 947/M, surrounded by a security fence running approximately between 531 044, 534 043, 534 040, 531 041. Map references relate to 1/50,000 sheet 1528 A4 and are based on the U.T.M. map grid. Kabwe Ammunition Depot, situate north of the Old Mkushi Road, surrounded by a security fence running approximately between 598 061, 613 061, 613 046, 598 046. Map references relate to 1/50,000 sheet 1428 A4 and are based on the U.T.M. map grid. Army Battle Training Area, Kapiri Mposhi: Starting at 775 632, where the westerly edge of the power line cut line crosses the Lukanda River, the boundary runs in a westerly direction along the right bank of the Lukanda River to 668 610 and thence to 640 610; thence in a northerly direction to 640 910; thence in an easterly direction to the westerly edge of the power line cut at 754 910; thence in a southerly direction along the westerly edge of the power line cut line to the point of starting. Map references relate to 1/50,000 sheets 1328 D3 and D1 and are based on the U.T.M. map grid. Lusaka South Battle Training Area: Starting at Beacon F13 at the western corner of Farm No. 902a, the boundary runs in a south-westerly direction to 750 730; thence in a westerly direction to 690 730; thence in a northerly direction to the southerly boundary of Farm No. 3153 at approximately 690 794; thence in a south-easterly direction along the southerly boundaries of Farms Nos. 3153 and 3274, through Beacon QD39 to the point of starting. Map references relate to 1/50,000 sheet 1528 D1 and are based on the U.T.M. map grid.

PART II

PROTECTED AREAS
Gondar Barracks, under construction on Farm No. D109 Chipata. Lusaka Rifle Range, situate on Lot No. 1019/M. Chindwin Rifle Range, Kabwe, situate on Lot No. 1188/M. Kohima Barracks, Kabwe, under construction on Lot No. 1187/M. SECTION 6-THE PROTECTED AREAS ORDER
Government Notices 304 of 1962 497 of 1964

Order by the President WHEREAS in regard to the area set forth in the Schedule to this Order it appears to the President to be necessary and expedient that special measures should be taken to control the movement and conduct of persons: NOW THEREFORE in exercise of the powers conferred upon the President by section six of the Protected Places and Areas Act the area set forth in the Schedule to this Order is hereby declared to be a protected area.

SCHEDULE
That area of land outside, but within 91.44 metres of, the security fence surrounding the Copperbelt Power Company Limited Central Switching Station and the Central African Power Corporation Sub-station and their curtilages, situate on Sub. L and Sub. P of Farm No. 841 at Kitwe in the Copperbelt Province. SECTION 6-THE PROTECTED AREAS (NO. 2) ORDER Government Notices Order by the President
305 of 1962 497 of 1964 Statutory Instrument 138 of 1991

WHEREAS in regard to the area set forth in the Schedule to this Order it appears to the President to be necessary and expedient that special measures should be taken to control the movement and conduct of persons: NOW THEREFORE in exercise of the powers conferred upon the President by section six of the Protected Places and Areas Act the area set forth in the Schedule to this Order is hereby declared to be a protected area.

SCHEDULE
That area of land outside, but within 30.48 metres of, the security fence surrounding the Copperbelt Power Company Limited Central Switching Station and its curtilage situate at Luano in the Chingola Municipality of the Copperbelt Province. SECTION 6-THE PROTECTED AREAS (KAFUE GORGE) ORDER
Statutory Instrument 267 of 1968

Order by the President WHEREAS in regard to the area set forth in the Schedule to this Order it appears to the President to be necessary and expedient that special measures should be taken to control the movement and conduct of persons: NOW THEREFORE in exercise of the powers conferred upon the President by section six of the Protected Places and Areas Act, the following Order is hereby made: 1. This Order may be cited as the Protected Areas (Kafue Gorge) Order. 2. The area set forth in the Schedule is hereby declared to be a protected area. Title

Protected area

SCHEDULE
Starting at the junction of the Kesya and Kaololo rivers, the boundary runs in a north-westerly direction for a distance of 777.4 metres; thence due north for a distance of 9,540.24 metres; thence on a bearing of 121 degrees for a distance of 15,240 metres; thence due south for a distance of 6,400.8 metres to a point on the Kesya; thence in a westerly direction along this river for a distance of 8,686.8 metres to the junction of the Kaololo and Kesya rivers, the point of starting. (All distances and bearings are approximate) SECTION 6-THE PROTECTED AREAS (KAFUE ROAD AND RAIL BRIDGES) ORDER
Statutory Instrument 292 of 1970

Order by the President WHEREAS in regard to the areas set out in the Schedule it appears to the President to be necessary and expedient that special measures should be taken to control the movement and conduct of persons: NOW THEREFORE in exercise of the powers conferred by section six of the Protected Places and Areas Act, the following Order is hereby made: 1. This Order may be cited as the Protected Areas (Kafue Road and Rail Bridges) Order. Title

2. The areas set out in the Schedule are declared to be protected areas. Protected areas

SCHEDULE
All that area within a radius of 0.8045 kilometres of the Kafue Railway Bridge. All that area within a radius of 0.8045 kilometres of the Kafue Road Bridge. SECTION 6-THE PROTECTED AREAS (LUANGWA BRIDGE) ORDER
Statutory Instrument

98 of 1970

Order by the President WHEREAS in regard to the area set forth in the Schedule it appears to the President to be necessary and expedient that special measures should be taken to control the movement and conduct of persons: NOW THEREFORE in exercise of the powers conferred upon the President by section six of the Protected Places and Areas Act, the following Order is hereby made: 1. This Order may be cited as the Protected Areas (Luangwa Bridge) Order. Title

2. The area set out in the Schedule is hereby declared to be a protected Protected area area.

SCHEDULE
All that area of land within 0.8045 kilometres radius of, and including, the Luangwa Bridge. SECTION 6-THE PROTECTED AREAS (OIL REFINERY) ORDER
Statutory Instruments 236 of 1971 31 of 1972

Order by the President WHEREAS in regard to the area set out in the Schedule it appears to the President to be necessary and expedient that special measures should be taken to control the movement and conduct of persons: NOW THEREFORE in exercise of the powers conferred upon the President by section six of the Protected Places and Areas Act, the following Order is hereby made:

1. This Order may be cited as the Protected Areas (Oil Refinery) Order.

Title

2. The area set out in the Schedule is hereby declared to be a protected Protected area area.

SCHEDULE
All that area of land lying outside, but within 91.44 metres of, the security fence surrounding the Ndola Oil Refinery, and being part of Sub-division O of Farm No. 415a, Kavu Road, Bwana Mkubwa. (As amended by No. 31 of 1972) SECTION 6-THE PROTECTED AREAS (PIPELINE) ORDER
Statutory Instrument 409 of 1968

Order by the President WHEREAS in regard to the area set forth in the Schedule, it appears to the President to be necessary and expedient that special measures should be taken to control the movement and conduct of persons: NOW THEREFORE in exercise of the powers conferred upon the President by section six of the Protected Places and Areas Act, the following Order is hereby made: 1. This Order may be cited as the Protected Areas (Pipeline) Order. Title

2. The area set out in the Schedule is hereby declared to be a protected Protected area area.

SCHEDULE
All that area of land lying outside, but within 91.44 metres of, the security fence surrounding the Tazama Central Pumping Station at

Bwana Mkubwa, Ndola, in the Copperbelt Province of Zambia.

SECTION 6-THE PROTECTED AREAS (PIPELINE) (NO. 2) ORDER

Statutory Instrument 410 of 1968

Order by the President WHEREAS in regard to the area set out in the Schedule, it appears to the President to be necessary and expedient that special measures should be taken to control the movement and conduct of persons: NOW THEREFORE in exercise of the powers conferred upon the President by section six of the Protected Places and Areas Act, the following Order is hereby made: 1. This Order may be cited as the Protected Areas (Pipeline) (No. 2) Order. Title

2. The area set out in the Schedule is hereby declared to be a protected Protected area area.

SCHEDULE
All that area of land lying outside, but within 91.44 metres of, the security fence surrounding the Tazama Pumping Station at Chinsali in the Northern Province of Zambia. SECTION 6-THE PROTECTED AREAS (TANZAMA OIL Statutory Instrument PIPELINE) ORDER

195 of 1970

Order by the President WHEREAS in regard to the area set forth in the Schedule it appears to the President to be necessary and expedient that special measures should be taken to control the movement and conduct of persons:

NOW THEREFORE in exercise of the powers conferred upon the President by section six of the Protected Places and Areas Act, the following Order is hereby made: 1. This Order may be cited as the Protected Areas (Tanzama Oil Pipeline) Order. 2. The area set forth in the Schedule is hereby declared to be a protected area. Title

Protected area

SCHEDULE
All that area along the Tanzama Oil Pipeline lying within 137.16 metres on each side of the said Tanzama Oil Pipeline. SECTION 10-THE PROTECTED PLACES AND AREAS REGULATIONS Regulations by the Minister 1. These Regulations may be cited as the Protected Places and Areas Regulations. 2. In these Regulations, unless the context otherwise requires"authorised officer" means any police officer of or above the rank of Sub-Inspector and any Assistant District Secretary; "warning notice" means any warning notice erected under the provisions of these Regulations. 3. (1) The occupier of each protected place or protected area shall at or Occupiers to near the site thereof erect or cause to be erected within the period erect warning specified in sub-regulation (2) warning notices in accordance with the notices provisions of these Regulations. Title
Government Notice 312 of 1962

Interpretation

(2) The warning notices referred to in sub-regulation (1) shall be erected(a) in the case of a protected place or protected area declared to be a protected place or protected area before the *commencement of these Regulations, not later than seven days from the said *commencement; (b) in the case of a protected place or protected area declared to be a protected place or protected area after the *commencement of these Regulations, not later than seven days from the date of publication in the Gazette (in accordance with the provisions of section seven of the Act) of an order declaring such place or area to be a protected place or a protected area. * 26th October, 1962. 4. The occupier of a protected place or protected area shall erect such Number and number of warning notices and in such positions as an authorised officer position of warning notices may direct. 5. Each warning notice erected at or near the site of a protected place shall bear the following inscription: Contents of warning notices at protected places

PROTECTED PLACES AND AREAS ACT WARNING PROTECTED PLACE NO PERSON ALLOWED TO ENTER WITHOUT A PASS CARD OR PERMIT 6. Each warning notice erected at or near the site of a protected area shall bear the following inscription: Contents of warning notices at protected areas

PROTECTED PLACES AND AREAS ACT WARNING PROTECTED AREA THE PUBLIC IS WARNED THAT UNDER THE PROVISIONS OF THE ABOVE-NAMED ACT THE MOVEMENT AND CONDUCT OF PERSONS WITHIN THIS AREA IS SUBJECT TO CONTROL 7. Each warning notice shall be in English and in such vernacular text Language of as any authorised officer may think fit. warning notices Removal by 8. Any authorised officer may from time to time and at any time authorised remove or cause to be removed any warning notice erected under the provisions of these Regulations and such authorised officer shall, if he officer thinks fit, re-erect or cause to be re-erected any warning notice so removed in any other position at or near the site of the protected place or protected area, as the case may be, from which it was removed. 9. No person other than an authorised officer under the provisions of regulation 8 shall remove or cause to be removed or damaged or deface or otherwise interfere with any warning notice erected under the provisions of these Regulations. Warning notices not to be removed, damaged or interfered with

10. When and as often as any warning notice is removed otherwise Replacement of than in accordance with the provisions of these Regulations, or damaged warning notices or defaced or otherwise interfered with, then the occupier of the protected place or protected area and in default of such occupier any authorised officer shall re-erect or cause to be re-erected a new warning notice in place thereof. 11. (1) Entries to protected places and protected areas shall be demarcated in such manner as any authorised officer may direct. Entry to protected place or protected area

(2) No person shall without lawful excuse enter or seek to enter any protected place or protected area otherwise than by a demarcated entry. SECTION 5-THE PROTECTED AREAS (EMERALD MINERALISATION) ORDER
Statutory Instrument 32 of 1979

Order by the President WHEREAS in regard to the area set out in the Schedule it appears to the President to be necessary and expedient that special measures should be taken to control the movement and conduct of persons: NOW THEREFORE, in exercise of the powers contained in section six of the Protected Places and Areas Act, the following Order is hereby made: 1. This Order may be cited as the Protected Areas (Emerald Mineralisation) Order. Title

2. The area set out in the Schedule is hereby declared to be a protected Protected Area area.

SCHEDULE
(Paragraph 2) Starting at the confluence of the Kafue and Kafulafuta Rivers shown on Topographical Survey Sheet No. 1328A3, published by the Zambian Government, proceed eastwards along the Kafulafuta River to the point where the Miputu River joins the Kafulafuta River; thence along the Miputu River north-eastwards to a point with Grid Reference 04000.03800 on the Topographical Survey Sheet No. 1328A2; thence on a bearing of 0 degree for a distance of 3,000 metres along a straight line to a point where it joins the Ntembwe River at a point with Grid Reference 04300.03800 shown on Topographical Survey Sheet No. 1328A2; thence along this river in a north-easterly direction for a distance of 600 metres to its confluence with an unnamed tributary; thence along this tributary northwards and towards its source for a distance of 1,500 metres; thence on a bearing of 0 degree for a distance of 2,200 metres to another unnamed tributary of the Nkulumashiba

River; thence along this tributary northwards to its confluence with the Nkulumashiba River shown on Topographical Survey Sheet No. 1328A1; thence westwards along the Nkulumashiba River for about 1,700 metres to its confluence with another unnamed tributary of the Nkulumashiba River, coming from the north and then upstream for 1,100 metres to a point with Grid Reference 03535.05210 shown on Topographical Survey Sheet No. 1328A2; thence on a straight line for 850 metres to Beacon M of Mining Licence Registration No. ML17; thence along this Mining Licence Boundary in a westerly and then a northerly direction passing through Beacons N, A, B, C, D, E, F, of the same Mining Licence Boundary; thence from Beacon F shown on Topographical Survey Sheet No. 1328A1 on a true bearing of 297 degree for a distance of 2,490 metres along a straight line up to the confluence of the Kafue and Kalulushi Rivers; thence following the Kalulushi River upstream for about 11,100 metres in a straight line; thence to its confluence with an unnamed stream at a point with Grid Reference 06910.02270 shown on Topographical Survey Sheet No. 122803; thence proceeding south-westwards and north-eastwards to the source of an unknown stream; thence proceeding on a straight line for 1,950 metres on a bearing of 288.5 degree to the source of the Chantente River; thence following the Chantente River downstream to its confluence with the Kafubu River, shown on Topographical Survey Sheet No. 1328A1; thence proceeding along the Kafubu River to its confluence with the Mafunda River, shown on Topographical Survey Sheet No. 1327B2; thence proceeding along this river up to its source; thence proceeding in a straight line on a true bearing of 200 degree for a distance of 12,250 metres to the Kasenje Hill Trigonometrical Station No. 107Zs; thence from this point proceeding in a straight line on a bearing of 131.5 degree for a distance of 15,850 metres to the source of the Luela River; thence following this river downstream to its confluence with the Kafue River; thence proceeding along the Kafue River upstream to its confluence with the Kafulafuta River, the starting point. Approximate area: 800 square kilometres. SECTION 10-THE PROTECTED AREAS (EMERALD MINERALISATION) REGULATIONS Order by the Minister 1. These Regulations may be cited as the Protected Areas (Emerald Mineralisation) Regulations. Title
Statutory Instrument 33 of 1979

2. So long as the Protected Areas (Emerald Mineralisation) Order, is in force, no person, other than an authorised officer, shall be in the area declared by the aforesaid Order to be a protected area unless he is in the possession of a permit issued by the Minister of Home Affairs.

No unauthorised entry upon protected area. S.I. No. 32 of 1979

3. Where any person is granted permission to be in the protected area Conduct of that person shall comply with such directions for regulating his conduct persons in area within such area as may be given by the Minister of Home Affairs or by an authorised officer. 4. Any permit issued by the Minister of Home Affairs under these Regulations shall be in the form specified in Part I of the Schedule hereto. 5. The Chief Mining Engineer shall erect warning notices in the form specified in Part II of the Schedule hereto at or near the site of the protected area, in such languages as he may think fit. Form of permit

Warning notices

SCHEDULE
(Regulations 4 and 5) PART I

FORM OF PERMIT
Crest REPUBLIC OF ZAMBIA THE PROTECTED AREAS (EMERALD MINERALISATION) REGULATIONS. This is to certify that .......................................... ............................. whose full particulars are given at the back of this permit is authorised to enter the protected area to which this permit relates subject to the following conditions:

PART II

FORM OF WARNING NOTICE

Crest REPUBLIC OF ZAMBIA THE PROTECTED AREAS (EMERALD MINERALISATION) REGULATIONS. WARNING THIS IS A PROTECTED AREA. IT IS AN OFFENCE TO ENTER THIS AREA WITHOUT A PERMIT. IT IS AN OFFENCE FOR PERSONS PERMITTED TO ENTER THIS AREA IF THEY FAIL TO ABIDE BY THE CONDITIONS CONTAINED IN THE PERMIT OR ANY DIRECTIONS ISSUED BY AN AUTHORISED OFFICER. SECTION 5-THE PROTECTED AREA (TOURMALINE MINERALISATION) ORDER Statutory Instrument 131 of 1982

WHEREAS in regard to the area set out in the First Schedule hereto it appears to the President to be necessary that special measures should be taken to control the movement and conduct of persons: NOW THEREFORE, in exercise of the powers contained in section six Cap. 125 of the Protected Places and Areas Act, the following Order is hereby made: 1. This Order may be cited as the Protected Area (Tourmaline Mineralisation) Order. Title

2. The area the boundaries of which are described in the First Schedule Protected area hereto is hereby declared to be a protected area for the purposes of the said Act.

3. The authorities set out in the Second Schedule are hereby specified Specified for the purpose of issuing pass cards or permits in respect of the said authorities area. 4. The persons specified in the Third Schedule shall be exempt from the provisions of this Order. Exemption

FIRST SCHEDULE
(Paragraph 2) Starting at Hofmeyer Mission School shown on topographical survey sheet 1430 B3, published by the Zambian Government, proceed eastwards on a bearing of 90 degrees for a distance of 4 kilometres to the western bank of the Chibeza River; thence along the Chibeza River up to its confluence with an unnamed tributary (GR 83749-2721); thence along the unnamed tributary to its source (GR 270-8372); thence westwards on a bearing of 270 degrees for a distance of 6 kilometres (GR 264-8372); thence northwards on a true bearing of 0 degree for a distance of 6.5 kilometres (GR 8380-264); thence eastwards on a bearing of 90 degrees for a distance of 3.5 kilometres to Hofmeyer Mission School, the point of starting. Approximate area: 50 square kilometres.

SECOND SCHEDULE
(Paragraph 3) The holder of any prospecting licence, exploration licence or mining licence granted in accordance with the Mines and Minerals Act for the area, to their representatives. The Permanent Secretary, Eastern Province The District Secretary, Petauke District The District Governor, Petauke District Cap. 213

THIRD SCHEDULE:
(Paragraph 4) 1. President of the Republic 2. Vice President Cap. 213

3. Ministers 4. An authorised officer as defined in section two of the Mines and Minerals Act 5. Director of Geological Survey or any public officer from his Department authorised by him in writing 6. Senior Inspector of Explosives 7. Inspectors of Explosives SECTION 5-THE PROTECTED AREAS (MILITARY ESTABLISHMENT) ORDER
Statutory Instrument 52 of 1985

Order by the President WHEREAS in regard to the area set out in the Schedule it appears to the President to be necessary and expedient that special measures should be taken to control the movements and conduct of persons: NOW THEREFORE in exercise of the powers contained in section six of the Protected Places and Areas Act, the following Order is hereby made: 1. This Order may be cited as the Protected Areas (Military Establishment) Order. 2. The area the boundaries of which are described in the Schedule is hereby declared to be a protected area for the purposes of the Act. Title

Protected area

3. The Commander of the Zambia Air Force is hereby specified for the Specified purpose of issuing pass cards or permits in respect of the said area. authority 4. Members of the Zambia Defence Force on duty shall be exempt from the provisions of this Order. Exemption

SCHEDULE
(Paragraph 2)

Starting at Beacon B.79, the north-east corner beacon of Farm No. 488a, the boundary follows the eastern boundary of this farm south-eastwards to Beacon B.83; thence along the eastern boundary of Farm No. 487a south-eastwards to a stream forming the northern boundary of Farm No. 2241; thence down the left bank of this stream to its confluence with the Chalimbana River; thence up the right bank of the Chalimbana River to the eastern boundary of Farm No. 487a; thence along the eastern boundary of Farm No. 487a south-eastwards to Beacon F.113; thence along the western boundary of Farm No. 298a northwards to Beacon F.3; thence along the western boundary of Farm No. 28a northwestwards through Beacon Cau to the south bank of the Chalimbana River; thence in a straight line across the Chalimbana River to a point on the north bank on the production of the line between Beacons B.72 and B.91; thence along the western boundary of Farm No. 382a northwards through Beacon B.91 to Beacon B.72; thence following the boundaries of Farm No. 2303 southwestwards to Beacon B.82 westwards to Beacon B.79, the point of starting. Approximate area: 1 704 hectares. SECTION 5-THE PROTECTED PLACES (MINES) ORDER
Statutory Instrument 57 of 1974

Order by the President WHEREAS in regard to the premises set out in column 1 of the First Schedule hereto, it appears to the President to be necessary and expedient that special precautions should be taken to prevent the entry of unauthorised persons: NOW THEREFORE in exercise of the powers contained in section five Cap. 72 of the Protected Places and Areas Act, the following Order is hereby made: 1. This Order may be cited as the Protected Places (Mines) Order. Title Protected places and specified authority

2. The premises set out in column 1 of the First Schedule hereto are hereby declared to be protected places for the purposes of the said Act and the authorities set out in column 2 of the First Schedule are hereby specified for the purposes of issuing pass cards or permits in respect of the said premises.

3. The persons specified in the Second Schedule shall be exempt from Exemption the provisions of this Order.

FIRST SCHEDULE
(Paragraph 2) Column 1 All places, excavations or works wherein, whereon or whereby any operation connected with mining is carried on, together with all buildings, premises, erections, machinery and all other appliances belonging or appertaining thereto above and below the ground for the purpose of mining, treating or preparing minerals, obtaining or extracting any mineral or metal by any mode or method or for the purpose of dressing mineral ores.
Column 2 Cap. 213

The duly authorised representative of the holder of the prospecting licence, exploration licence or the mining licence granted under the Mines and Minerals Act.

SECOND SCHEDULE
(Paragraph 3) 1. The President of the Republic 2. Vice President 3. Ministers, Junior Ministers and Attorney-General 4. Members of the National Assembly 5. An authorised officer as defined in section two of the Mines and Minerals Act 6. Senior Inspector of Explosives 7. Inspectors of Explosives 8. Director of Geological Survey or any public officer from his department authorised by him in writing SECTION 5-THE PROTECTED PLACES (NDOLA PRECIOUS METALS PLANT) ORDER Cap. 160

Statutory Instrument 78 of 1978

Order by the President WHEREAS in regard to the premises set out in column 1 of the First Schedule hereto, it appears to the President to be necessary that special precautions should be taken to prevent the entry of unauthorised persons: NOW THEREFORE, in exercise of the powers contained in section five of the Protected Places and Areas Act, the following Order is hereby made: 1. This Order may be cited as the Protected Places (Ndola Precious Metals Plant) Order. 2. The premises set out in column 1 of the First Schedule hereto are hereby declared to be protected places for the purposes of the said Act and the authority set out in column 2 of the First Schedule is hereby specified for the purposes of issuing pass cards or permits in respect of the said premises. Title

Protected places and specified authority

3. The persons specified in the Second Schedule shall be exempt from Exemption the provisions of this Order.

FIRST SCHEDULE
(Paragraph 2) Column 1 All that piece of land commonly known as Bwana Mkubwa Block (West) and comprised of certain contiguous portions of(a) Subdivision 1 of Subdivision J; (b) the Remaining Extent of Subdivision J; and (c)Subdivision M, of Farm No. 415a, situate in the Ndola Urban District of the Copperbelt Province and enclosed within a security fence,
Column 2 The Manager of Ndola Copper Refinery.

together with all buildings, appurtenances, out-buildings and installations belonging thereto or to be erected or installed thereon or on any portion thereof for any operations or purposes of the Ndola Anode Slimes Treatment Plant or Ndola Copper Refinery.

SECOND SCHEDULE
(Paragraph 3) 1. The President of the Republic 2. Vice President. 3. Ministers, Junior Ministers and Attorney-General 4. Members of the National Assembly 5. An authorised officer as defined in section two of the Mines and Minerals Act 6. Senior Inspector of Explosives 7. Inspector of Explosives 8. Director of Geological Survey or any public officer from his department authorised by him in writing 9. Officers and members of the regular staff of Ndola Copper Refinery

Cap. 160

CHAPTER 126 THE NATIONAL REGISTRATION ACT

ARRANGEMENT OF SECTIONS

Section 1. 2. 3. 4. 5. 6. Short title Interpretation Application Appointment of Chief Registrar and staff Register Registration

7. 8. 9. 10. 11. 12. 13. 14.

Power to require proof of information Issue of national registration cards Replacement of national registration cards Production and inspection of national registration cards Proof of exemption Evidence Offences and penalties Regulations

CHAPTER 126

NATIONAL REGISTRATION

19 of 1964 38 of 1965 An Act to provide for the registration of persons; and to provide for 44 of 1966 matters incidental thereto. 13 of 1994 Government [3rd July, 1964] Notice 497 of 1964 1. This Act may be cited as the National Registration Act. Short title Interpretation

2. In this Act, unless the context otherwise requires"Chief Registrar" means the person appointed as such in pursuance of the provisions of section four; "registered person" means a person registered under the provisions of section six; "specified area" means an area declared as such by the Chief Registrar in accordance with the provisions of section six.

3. This Act shall apply to all persons who at the commencement have Application attained, or thereafter attain, the age of sixteen years, or who at such commencement or thereafter are of an apparent age of sixteen years or more and who are within a specified area:

Provided that this Act shall not apply to(i) serving members of the armed forces of any friendly power; (ii) persons duly accredited to Zambia by or under the authority of the Government of any sovereign state; or (iii) such persons or class of persons being bona fide passengers in transit through Zambia or such *temporary visitors to or such residents in Zambia as may be prescribed by Gazette notice. * Visitors to Zambia for periods not in excess of three months prescribed by G.N. No. 939 of 1966.
(As amended by No. 44 of 1966)

4. There shall be a Chief Registrar and such registrars and other public Appointment of officers as may be necessary for the carrying out of the provisions of this Chief Registrar Act. and staff 5. (1) The Chief Registrar shall cause to be kept and maintained a Register register of all persons in Zambia to whom this Act applies in which there shall be recorded, in so far as they can be ascertained, the following particulars in respect of each such person: (a) (b) (c) (d) (e) (f) registration number; name in full; sex; race and declared national status; date or apparent year of birth and place of birth; and such other particulars as may be prescribed.

(2) The Chief Registrar, or any person authorised by him, may provide extracts from the register(a) to any public officer acting in the exercise of his official duties;

(b) to a person authorised by the Minister in writing on payment of such fee as may be prescribed. (As amended by No. 38 of 1965) 6. (1) The Chief Registrar may, by Gazette notice and in such other Registration manner as he may consider best fitted to bring the contents thereof to the notice of the persons affected thereby, declare any area of Zambia to be a specified area and require all persons within such specified area to whom this Act applies to attend before a registrar at such place and between such dates as he may specify in such notice. (2) Every person so required shall attend before the registrar and shall register himself by providing the particulars described in section five and shall permit his photograph to be taken in such manner as may be prescribed. (3) Every unregistered person who(a) being a person to whom this Act applies, enters any specified area; or (b) being within any specified area becomes a person to whom this Act applies; shall, within fourteen days, attend before the nearest registrar and register himself in the manner prescribed in subsection (2). 7. A registrar may require any person giving any information in pursuance of this Act to furnish such documentary or other evidence of the truth of such information as is within the power of such person to furnish. 8. (1) Upon the registration of a person under this Act, the registrar shall issue to such person a national registration card in the prescribed form. Power to require proof of information

Issue of national registration cards

(2) Every person to whom a national registration card has been issued shall keep such card in safe custody.

(3) Any person who finds or unlawfully comes into possession of a national registration card which was not issued to him shall, without undue delay, return it to the person to whom it was issued or forward it to the nearest registrar. 9. (1) In any case where a national registration card is lost, destroyed or materially damaged, the person to whom it was issued shall, without undue delay, report such loss, destruction or damage to the nearest registrar who, on payment of any fee and subject to any conditions which may be prescribed, shall issue to such person a new national registration card: Provided that if the registrar is satisfied that the loss or destruction of or damage to a national registration card occurred through no fault or neglect of the person to whom the card was issued, no fee shall be payable for the issue of a new national registration card. (2) In any case where a national registration card issued to a registered person ceases in any material particular to accurately represent his identity, such person shall, without undue delay, produce his national registration card and give such particulars as shall be necessary for the issue of a new national registration card to a registrar who, on payment of any fee and subject to any conditions which may be prescribed, shall issue to such person a new national registration card. 10. (1) Any authority specified by the *Minister, by statutory notice, to which a person applies for the grant of any licence, permit or other document may, in its discretion, request any person to produce his national registration card for inspection. * All municipal councils, township councils and rural councils specified by S.I. No. 175 of 1967. (2) When any person requested under subsection (1) to produce his national registration card fails to do so or to satisfy the authority by other proof that he is a registered person, the authority may, notwithstanding any other written law for the time being in force, in its discretion defer consideration of any such application until such person produces either his national registration card or such other proof. Production and inspection of national registration cards Replacement of national registration cards

(3) The Chief Registrar and any registrar may, in the lawful exercise of his duties or functions under this Act, request any person to produce his national registration card for inspection and, if such person fails to produce his national registration card when requested to do so, may require him to produce it within such time, to such person and at such place as he may in writing reasonably specify. (4) The *Minister may specify an authority for the purpose of subsection (1) by specifying the class to which the authority belongs. * All municipal councils, township councils and rural councils specified by S.I. No. 175 of 1967. 11. Where any person claims that this Act does not apply to him, the burden of proving the same shall lie upon such person. Proof of exemption

Evidence 12. Any document purporting to be a certificate signed by the Chief Registrar, or any officer authorised by him in writing, certifying a copy or extract of any record kept by the Chief Registrar under this Act shall, in any proceedings for an offence under this Act, be prima facie evidence of the facts stated therein, and, if stated to be signed by an officer authorised by the Chief Registrar shall, unless the contrary be proved, be deemed to be signed by the officer so authorised without production or proof of such authorisation. 13. (1) Notwithstanding the provisions of section three, any person who(a) when required in accordance with the provisions of section six to register himself, fails to do so; (b) wilfully obstructs the Chief Registrar or a registrar in the due execution of his duties; (c) in giving any information for the purposes of this Act, knowingly or recklessly makes any statement which is false in any material particular; (d) falsely denies that he has previously registered or by any false Offences and penalties

representation or any act or omission attempts to deceive or deceives a registrar as to any circumstance concerning such previous registration or particulars given on such previous registration; (e) wilfully destroys or mutilates any national registration card;

(f) unlawfully issues any national registration card or makes any entry, alteration or erasure on any national registration card; (g) unlawfully deprives any person of a national registration card issued to him under this Act; (h) is in unlawful possession of or makes use of a national registration card issued to any other person under this Act; (i) is knowingly in possession of a national registration card on which any unlawful entry, alteration or erasure has been made or of a document so closely resembling a national registration card as to be calculated to deceive; (j) is in possession of more than one national registration card purporting to show his identity; or (k) hands over the national registration card issued to him under this Act to any other person to be used by such other person; shall be guilty of an offence and be liable to a fine not exceeding three thousand penalty units or to imprisonment for a term not exceeding six months, or to both. (2) If any person contravenes any of the provisions of this Act or any regulations made thereunder, or, without lawful cause, fails to comply with any lawful demand or requirement made under this Act or such regulations, he shall be guilty of an offence and, where no other penalty is specified, liable to a fine not exceeding seven hundred and fifty penalty units or to imprisonment for a term not exceeding three months, or to both. (As amended by Act No. 13 of 1994) 14. (a) The Minister may, by statutory instrument, make regulationsprescribing anything to be prescribed or which may be Regulations

prescribed under this Act; (b) prescribing the form or different forms of national registration card which may be issued and the persons or classes of persons to whom such form or different forms of national registration card shall be issued; (c) providing for the insertion in, or removal from, the register of particulars to be recorded or recorded therein; (d) providing for returns to be made by registrars to the Chief Registrar of particulars recorded by such registrars; (e) providing for the reissue, replacement, surrender, cancellation or amendment of national registration cards and the procedure to be followed on the issue of such cards and such reissue, replacement, surrender, cancellation or amendment; (f) providing for the procedure to be followed where the particulars recorded in relation to any registered person suffer change and where any such person leaves Zambia, or dies; (g) prescribing the fees which may be charged for the reissue or replacement of national registration cards, including different fees in different circumstances, and the circumstances in which such fees may be charged; (h) prescribing the fees which may be charged for extracts from the register; (i) generally for the better carrying out of the provisions of this Act.

SUBSIDIARY LEGISLATION

NATIONAL REGISTRATION THE NATIONAL REGISTRATION REGULATIONS ARRANGEMENT OF REGULATIONS Regulation 1. 2. Title and commencement Prescribed forms

CAP. 126

3. National registration cards for Zambians, Commonwealth citizens, etc. 4. 5. 6. National registration cards for aliens Procedure on registration Index letters and serial numbers

7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18.

Cards to be signed Registered person to use name appearing on his card Change of name or names Change of national status Procedure on change of residence of aliens Procedure in case of loss, etc., of national registration card Surrender of national registration card Surrender of national registration card on leaving the country Death of registered person Alteration to register Prescribed fees Extra particulars of aliens to be registered

FIRST SCHEDULE-Prescribed forms of national registration cards SECOND SCHEDULE-Prescribed forms THIRD SCHEDULE-Prescribed fees SECTION 14-THE NATIONAL REGISTRATION REGULATIONS Regulations by the Minister Statutory Instruments 257 of 1965 346 of 1966 6 of 1982 181 of 1987 2 of 1990 65 of 1994 99 of 1996 Act No. 13 of 1994

1. These Regulations may be cited as the National Registration Regulations and shall be deemed to have come into operation on the 14th March, 1965.

Title and commencement

2. The forms set out in the First and Second Schedules shall be used in Prescribed all cases to which they are respectively applicable. forms

3. (1) This regulation applies to national registration cards issued to-

National registration cards for Zambians, Common-wealth citizens, etc.

(a)

citizens of Zambia; and

(b) Commonwealth citizens or citizens of the Republic of Ireland or Cap. 1 citizens of such African countries as are declared by the Minister in accordance with the Constitution to be countries which permit citizens of Zambia to become citizens of those countries by registration. (2) Every national registration card to which this regulation applies shall be in the Form 1 set out in the First Schedule and(a) when issued to a citizen of Zambia, shall be green in colour; and

(b) when issued to a person described in paragraph (b) of sub-regulation (1), shall be pink in colour. (No. 346 of 1966) 4. (1) This regulation applies to national registration cards issued to all National persons to whom the Act applies other than persons described in registration sub-regulation (1) of regulation 3. cards for aliens (2) Every national registration card to which this regulation applies shall be in the Form 2 set out in the First Schedule and shall be blue in colour. (No. 346 of 1966) 5. (1) Every person who attends before a registrar for the purpose of being registered shall(a) permit his photograph to be taken by the registrar and such photograph shall show the full face and both ears of such person without Procedure on registration

headgear: Provided that the registrar may in his discretion take such photograph showing such person wearing headgear if he is satisfied that such person habitually wears headgear in accordance with his religious or racial custom and such headgear does not obscure his features; (b) complete Form 1 set out in the Second Schedule or give the registrar such information as the registrar may require to complete the said Form 1 on his behalf, and he shall make and sign the declaration thereon, but if he is unable to write or is able only to print his name, he shall affix his right thumbprint. (2) The registrar shall forward the said Form 1 duly completed to the Chief Registrar. 6. The Chief Registrar may allot such index letters and serial numbers Index letters to be inserted on a national registration card as he may think fit. and serial numbers 7. Every person to whom a national registration card is issued shall sign his name in the space provided thereon, but if he is unable to write or is able only to print his name, he shall affix his right thumbprint. Cards to be signed

8. Subject to the provisions of regulation 9, no registered person may Registered use or adopt a surname other than the surname appearing on his national person to use registration card. name appearing on his card 9. (1) When any registered person changes his name or names, he shall Change of name forthwith inform the registrar and shall at the same timeor names (a) deliver to the registrar a statutory declaration made before a Commissioner for Oaths stating that he absolutely renounces the use of his former name or names and assumes a new name or names, details of which shall be included in such statutory declaration, and the registrar shall retain such statutory declaration; (b) surrender to the registrar his national registration card;

(c) complete Form 4 set out in the Second Schedule or give the registrar such information as the registrar may require to complete the said Form 4 on his behalf in the new name or names, and he shall make and sign the declaration thereon, but if he is unable to write or is able only to print his name, he shall affix his right thumbprint. (2) The registrar shall forward the said Form 4 duly completed, together with the statutory declaration and the national registration card, to the Chief Registrar. (3) On receipt of the said Form 4, the Chief Registrar shall amend the register in such manner as he may deem fit. (4) The Chief Registrar shall cancel the national registration card forwarded to him by the registrar as aforesaid and shall cause the registered person to be issued with a new national registration card upon payment of the appropriate fee. (5) The Chief Registrar shall cause to be kept and maintained a separate register of all registered persons who change their names and there shall be recorded in such separate register such particulars as the Chief Registrar may deem fit. 10. (1) When any registered person changes his national status, he shall Change of forthwith attend before a registrar and shallnational status (a) surrender to the registrar his national registration card;

(b) complete Form 2 set out in the Second Schedule or give the registrar such information as the registrar may require to complete the said Form 2 on his behalf. (2) The registrar shall forward the said Form 2 duly completed, together with the national registration card, to the Chief Registrar. (3) On receipt of the said Form 2, the Chief Registrar shall amend the register in such manner as he may deem fit.

(4) The Chief Registrar shall cancel the national registration card forwarded to him by the registrar as aforesaid and shall cause the registered person to be issued with a new national registration card upon payment of the appropriate fee. 11. (1) If the holder of a blue national registration card issued under regulation 4 ceases to be resident at the address set out on that national registration card, he shall forthwith attend before a registrar and shallProcedure on change of residence of aliens

(a)

surrender to the registrar his national registration card; and

(b) complete Form 4 set out in the Second Schedule or give the registrar such information as the registrar may require to complete the said Form 4 on his behalf (2) The registrar shall forward the said Form 4 duly completed, together with the national registration card, to the Chief Registrar who shall cause to be made such amendments to the register as may be required. (3) The Chief Registrar shall cancel the national registration card forwarded to him by the registrar as aforesaid and shall cause the registered person to be issued with a new national registration card. (No. 346 of 1966) 12. (1) When any registered person reports the loss or destruction of or damage to his national registration card, he shall complete Form 4 set out in the Second Schedule or give the registrar such information as the registrar may require to complete the said Form 4 on his behalf. (2) The registrar shall forward the said Form 4 duly completed to the Chief Registrar who shall cause the particulars contained therein to be verified in the register and shall inform the registrar of their accuracy or of any inconsistency therein. (3) If any registered person who had reported the loss of his national registration card, subsequently recovers it, he shall immediately notify Procedure in case of loss, etc., of national registration card

the registrar of such recovery and(a) if a new national registration card has not already been issued to him, he shall retain it; (b) if a new national registration card has already been issued to him, he shall surrender the national registration card so recovered to the registrar who shall cause it to be cancelled. 13. (1) Any registered person to whom the provisions of the Act cease Surrender of to apply shall surrender his national registration card to a registrar who national shall issue him with a receipt therefor in Form 3 set out in the Second registration card Schedule. (2) The registrar shall forward the national registration card to the Chief Registrar who shall cause it to be cancelled. 14. Any registered person intending to leave the country permanently shall, at the place of his departure therefrom, surrender his national registration card to a registrar, immigration officer, police officer or customs officer. Surrender of national registration card on leaving the country

15. Within thirty days of the death of a registered person, his national Death of registration card shall be delivered by the person in possession thereof to registered a registrar who shall forward it to the Chief Registrar. person 16. (1) No person may insert, delete, alter or cause to be altered any Alteration to material particular in the register relating to any registered person unless register authorised in writing to do so by the Chief Registrar. (2) Any person duly authorised by the Chief Registrar to insert, delete or alter any particular in the register shall notify the Chief Registrar in writing when such insertion, deletion or alteration has been completed. 17. The fees specified in the Third Schedule shall be charged in respect Prescribed fees of the matters set out therein and shall be payable to the Chief Registrar.

18. The residential and postal addresses of every person to whom the Act applies, other than persons described in sub-regulation (1) of regulation 3, are prescribed in accordance with the provisions of section five of the Act for inclusion in the register maintained by the Chief Registrar under that section. (No. 346 of 1966)

Extra particulars of aliens to be registered

FIRST SCHEDULE
PRESCRIBED FORMS OF NATIONAL REGISTRATION CARDS Form 1 (Regulation 3)
Form of Green and Pink-Registration Cards [Front]

PHOTO

REGISTRATION NUMBER

REPUBLIC OF ZAMBIA

SIGNATURE OF REGISTRATION OFFICER SIGNATURE OF HOLDER

RIGHT THUMB PRINT

[Reverse] REPUBLIC OF ZAMBIA

CARD NO.

FULL NAME DATE OF BIRTH VILLAGE CHIEF SPECIAL MARKS DISTRICT REGISTRATION DATE PLACE OF BIRTH SEX

IF THIS CARD IS FOUND, PLEASE RETURN TO NEAREST REGISTRATION OFFICE OR POLICE STATION

Form 2 (Regulation 4)

Form of Blue Registration Card

PHOTO

REGISTRATION NUMBER

REPUBLIC OF ZAMBIA

SIGNATURE OF REGISTRATION OFFICER SIGNATURE OF HOLDER

RIGHT THUMB PRINT

[Reverse] REPUBLIC OF ZAMBIA

CARD NO.

FULL NAME DATE OF BIRTH VILLAGE CHIEF SPECIAL MARKS

IF THIS CARD IS FOUND, PLEASE RETURN TO NEAREST REGISTRATION OFFICE OR POLICE STATION

PLACE OF BIRTH

SEX

DISTRICT REGISTRATION DATE

(As amended by S.I. No. 181 of 1987)

SECOND SCHEDULE
PRESCRIBED FORMS

FORM 1 (Regulation 5) REPUBLIC OF ZAMBIA APPLICATION FOR NATIONAL REGISTRATION

National Registration 1. Name in full: Surname

Given names 2. Sex (tick box)

Male

Female 2

3. Date of Birth ...................... Day .......................... Month ................................ Year. 4. Country of birth (tick box)

Zambia

Commonwealth and Ireland

Other 3

1 5.

Education (tick highest standard reached)

Never been to school

Primary 2

Secondary 3

Post Secondary 4

6.

Race (tick box)

African

Asian 2

European 3

Other 4

7. Place of birth. If Zambian born enter: village, chief and district or town and district. If born outside Zambia enter town and country 8. National Status 9. Residential Address

10. Postal Address 11. DECLARATION: The above information has been read to me in a language which I understand and I do solemnly and sincerely affirm that to the best of my knowledge and belief the said information is true and correct.

(Signature of registered person)

Registration Stamp

Registrar's Signature

FORM 2 (Regulation 10) NOTIFICATION OF CHANGE OF NATIONAL STATUS

PART I: I, the undersigned ......................................................... ......... (Name in BLOCK CAPITALS) holder of a National Registration Card No. ...................................... ............ issued to me on .............. ..................................... at .............................................................................. do hereby state that I have changed my declared National Status from ....................................... to ............... ................... and do hereby attach my *Certificate of Naturalisation/Passport in proof thereof, and I do hereby surrender my National Registration Card and make application for a new National Registration Card in the appropriate form. Dated this ..................................... ........... day of .................................................. 19........ *Delete whichever is inapplicable. ......................................................... .................. (Signature) PART II: (For official use only) 1. Number of Certificate of Naturalisation 2. Date and place of issue 3. Number of Passport 4. Date and place of issue ................................................ 5. New National Registration number 6. Previous National Registration number ............................................................................ (Signature of Registrar) National Registration Office ............................................. .............. Date .............................

FORM 3 (Regulation 13) RECEIPT FOR SURRENDERED NATIONAL REGISTRATION CARD

National Registration Card No. ................................................ surrendered by ................ ................................................................................................ (full name) of ....................... .................................... (last residential and postal address) on ............................................., 19....... Signature of Registrar, Customs/Immigration/Police Officer DATE STAMP Office of Issue

FORM 4 (Regulations 9, 11 and 12) REPUBLIC OF ZAMBIA APPLICATION FOR A REPLACEMENT NATIONAL REGISTRATION CARD
PART I: I, the undermentioned holder of National Registration Card No. ............... ....../ ..................../.................. do hereby apply for a replacement National Registration Card for the following reason: Original Card lost/destroyed/damaged; Change of name(s); Change of material particulars. 1. Name in full: Surname Given names 2. Sex (tick box)

Male

Female 2

3. Date of Birth ......................................... Day .............................................. Month ........................................... Year. 4. Country of birth (tick box)

Zambia

Commonwealth and Ireland

Other 3

1 5.

Education (tick highest standard reached)

Never been to school

Primary 2

Secondary 3

Post Secondary 4

6.

Race (tick box)

African

Asian 2

European 3

Other 4

7. Place of birth. If Zambian born enter: village, chief and district or town and district. If born outside Zambia enter town and country 8. National Status 9. Residential Address

10. Postal Address 11. DECLARATION: The above information has been read to me in a language which I understand and I do solemnly and sincerely affirm that to the best of my knowledge and belief the said information is true and correct.

(Signature of registered person)

Registrar's Signature

Registration Stamp

PART II: 1. Other names by which the Applicant may be known to the Department of National Registration: Surnames Given Names 2. To be completed at time of application: Fee Paid K General Receipt No. .............. ............... Signature of Registrar ......................................................... 3. The issue of a replacement card No. ............/............../............. is hereby authorised. Chief Registrar

THIRD SCHEDULE
(Regulation 17)

PRESCRIBED FEES
Fee units First registration for national registration card . . .. .. .. .. Replacement of lost card . . .. .. .. .. .. .. 12 Replacement of damaged card .. .. .. .. .. .. .. Replacement of destroyed card . . .. .. .. .. .. .. Change of name. . .. .. .. .. .. .. .. 56 Change of national status . . .. .. .. .. .. .. 112 Change of an old card to a new one .. .. .. .. .. 6 Non-Zambians obtaining first registration for a national registration card . . 278 (As amended by S.I. No. 99 of 1996)

17 12 12

..

CHAPTER 127 THE CENSUS AND STATISTICS ACT

ARRANGEMENT OF SECTIONS

PART I PRELIMINARY Section 1. 2. Short title Interpretation

PART II ADMINISTRATION

3. 4. 5.

Appointment of Director Appointment of authorised officers Oath of secrecy

PART III CENSUS AND STATISTICS 6. 7. 8. 9. Census Statistics Use of sampling methods Power to obtain particulars

PART IV MISCELLANEOUS 10. 11. 12. 13. 14. General duties of Director Restrictions on disclosure of information Powers of entry Offences and penalties Regulations

CHAPTER 127

CENSUS AND STATISTICS An Act to provide for the taking of a census, for the collection of statistics and publication of statistical information, and for matters incidental to the foregoing. [22nd April, 1955]

10 of 1955 2 of 1963 Government Notices 83 of 1964 497 of 1964 Act 57 of 1964 Statutory Instrument 171 of 1965 Act No. 13 of 1994

PART I PRELIMINARY 1. This Act may be cited as the Census and Statistics Act. Short title Interpretation

2. In this Act, unless the context otherwise requires"authorised officer" means the Director and any person appointed as an authorised officer under the provisions of section four; "Director" means the Director of Census and Statistics. PART II ADMINISTRATION

3. The Public Service Commission may appoint a Director of Census Appointment of and Statistics who shall have such powers as are conferred and perform Director such duties as are imposed upon him by this Act. (As amended by S.I. No. 171 of 1965) 4. (1) The Director may, in writing, appoint any person as an authorised Appointment of officer for the purposes of this Act, and may in like manner delegate authorised such power of appointment to any person. officers. (2) Any delegation made in terms of subsection (1) may be revoked at any time by the Director and no such delegation shall affect the exercise by the Director of the power to appoint an authorised officer. 5. Every person employed in carrying out any of the provisions of this Oath of secrecy Act shall, before commencing his duties relating to such provisions, take and subscribe before a magistrate or commissioner for oaths such oath of secrecy as may be prescribed: Provided that where such person has before the 24th October, 1964, taken and subscribed such an oath he shall, on and after that date, be

deemed to have taken and subscribed the oath of secrecy required by this section. (As amended by G.N. No. 83 of 1964 and S.I. No. 171 of 1965) PART III CENSUS AND STATISTICS 6. (1) A census shall be taken on such day in any year as the Minister may fix by Gazette notice. (2) The census shall be taken(a) of the number of persons or of any class of persons within Zambia or any part thereof; and (b) of such other particulars whatsoever; Census

as shall be prescribed. (As amended by G.N. No. 83 of 1964) 7. (1) The Director may, with the approval of the Minister, and shall, whenever the Minister so directs, collect statistics for Zambia or any part thereof with respect to such matter as may be prescribed. (2) Notwithstanding the provisions of subsection (1), the Director shall not collect any such statistics until regulations have been made specifying the particulars and information to be furnished in relation to the matter with respect to which statistics are to be collected. (3) The provisions of subsections (1) and (2) shall not apply to the collection by the Director, with the consent of the person concerned, of statistics in relation to any matter. (As amended by G.N. No. 83 of 1964) 8. The Director may, if he deems fit, use sampling methods in the taking of any census in terms of section six, or in the collection of statistics in terms of subsections (1) and (2) of section seven. Use of sampling methods Statistics

9. (1) Whenever a census is being taken in terms of section six or Power to obtain statistics are being collected in terms of subsections (1) and (2) of particulars section seven, an authorised officer may require any person from whom particulars may lawfully be obtained under this Act to supply him with such particulars as may be prescribed or such of those particulars as the Director may consider necessary or desirable in relation to the taking of such census or the collection of such statistics. (2) Any person required in terms of subsection (1) to supply particulars shall give all such particulars in such manner and within such time as may be required by the authorised officer in terms of the provisions of this Act. (3) An authorised officer may require any person to supply him with particulars either by interviewing such person personally or by leaving at the last known address or posting to the last known address of such person a form having thereon a notice requiring the form to be filled up and returned in the prescribed manner and within the prescribed time. PART IV MISCELLANEOUS 10. It shall be the duty of the Director, subject to the provisions of this General duties Act, toof Director (a) carry out any census required to be taken in terms of section six; (b) generally to organise a co-ordinated scheme of social and economic statistics relating to Zambia; and (c) submit a report to the Minister as soon as may be after the 30th June in each year on the work undertaken in terms of the provisions of this Act during the period of twelve months ending on that date. (As amended by G.N. No. 83 of 1964) 11. (1) Except for the purposes of a prosecution for a contravention of Restrictions on any of the provisions of this Actdisclosure of information (a) no individual return made and no form submitted for the purpose of this Act or any part of such return or form and no answer given to any

question put for the purposes of this Act; and (b) no report containing particulars comprised in any such return, form or answer and so arranged as to enable identification of the particulars with the person by whom or on whose behalf the return was made, form was submitted or answer was given; shall be disclosed to any person who is not employed in carrying out the provisions of this Act without the written permission of the person by whom or on whose behalf the return was made, form was submitted or answer was given. (2) Notwithstanding anything to the contrary contained in subsection (1), the Minister may in writing authorise the disclosure, on such terms and conditions as he may specify in such authority, of any such individual return, such form, or any part of any such return or form, or such answer to questions to any person employed in the Department of Agriculture or in the Department of Veterinary Services. (As amended by No. 2 of 1963 and G.N. No. 83 of 1964) 12. (1) An authorised officer may at all reasonable times for any purpose connected with(a) the taking of a census in terms of section six, enter and inspect any land and any premises; and (b) the collection of statistics in terms of subsections (1) and (2) of section seven, enter and inspect any land and any premises other than a dwelling-house; and may make such inquiries as may be necessary for the performance of his duties under this Act. (2) An authorised officer shall produce his written appointment as an authorised officer, or, in the case of the Director, proof of his appointment as Director, before exercising the powers conferred by subsection (1) if required so to do by the owner, occupier, or person in charge of such land or premises. 13. (1) Any person employed in carrying out any of the provisions of this Act, whoOffences and penalties Powers of entry

(a) by virtue of such employment becomes possessed of any information which might exert an influence upon or affect the market value of any share, property, product, or article and who, before such information is made public, directly or indirectly uses such information for personal gain; (b) without lawful authority, publishes or communicates any information acquired by him in the course of his employment to any other person; or (c) knowingly compiles for publication any false statistics or information; shall be guilty of an offence and liable to a fine not exceeding three thousand penalty units or, in default of payment, to imprisonment for a period not exceeding one year, or to such imprisonment without the option of a fine, or to both. (2) Any person to whom information has been disclosed in terms of subsection (2) of section eleven, who fails to comply with the terms and conditions on which such information was disclosed to him, shall be guilty of an offence and liable to the penalties prescribed in subsection (1). (3) Any person to whom any information has to his knowledge been disclosed in contravention of any provision of this Act, who publishes or communicates such information to any other person, shall be guilty of an offence and liable to the penalties prescribed in subsection (1). (4) Any person who(a) hinders or obstructs an authorised officer in the exercise of any of his powers or the discharge of any of his duties under this Act; or (b) fails to-

(i) duly complete any return, form, or other document lawfully left with or sent to him; (ii) transmit or deliver in accordance with such directions as may be contained therein or given to him by an authorised officer such return, form, or other document, duly completed; or

(iii) answer any questions lawfully asked him by an authorised officer; or (c) contravenes or fails to comply with any provision of any regulation; or (d) knowingly makes any statement which is untrue in any material particular in any return, form, or other document submitted by him in terms of the provisions of this Act or in any answer made by him to an authorised officer for the purposes of this Act; shall be guilty of an offence and liable to a fine not exceeding one thousand five hundred penalty units or, in default of payment, to imprisonment for a period not exceeding six months. (As amended by Act No. 13 of 1994) 14. (1) The Minister may, by statutory instrument, make regulations for Regulations any matter that may be prescribed and generally for the better carrying out of the objects and purposes of this Act. (2) Without derogation from the generality of the foregoing, the Minister may make regulations(a) specifying the particulars and information to be given in relation to any matter in respect of which statistics may be collected in terms of subsections (1) and (2) of section seven; and (b) prescribing the manner and form in which, the times and places at which, and the persons by whom such particulars and information shall be given. (3) Regulations made in terms of this section shall apply to Zambia or to such area or areas within Zambia as may be specified in the regulations, and different regulations may be made in respect of different areas within Zambia and in respect of different classes of persons. (As amended by G.N. No. 83 of 1964)
SUBSIDIARY LEGISLATION

CENSUS AND STATISTICS SECTION 14-THE CENSUS AND STATISTICS (OATH OF SECRECY) REGULATIONS Regulations by the Minister

CAP. 127
Federal Government Notice 26 of 1956 Act 57 of 1964

1. These Regulations may be cited as the Census and Statistics (Oath of Secrecy) Regulations.

Title

2. The oath set out in the Schedule is hereby prescribed as the oath Oath of secrecy which every person employed in carrying out any of the provisions of the Act shall, before commencing his duties relating to such provisions, take and subscribe before a magistrate or commissioner for oaths.

SCHEDULE
(Regulation 2)

OATH OF SECRECY
I, ............................... ..............................................................., being a person employed (Full Name) in carrying out the provisions of the Census and Statistics Act, do swear that I will not, without lawful authority, publish or communicate any information acquired by me in the course of my employment to any other person. SO HELP ME GOD ........................................................................ Signature Sworn at .............................................. on the ........................................................ day of ..........................................., 19........., before me. ........................................................................ Magistrate or Commissioner for Oaths

SECTION 14-THE STATISTICS (AGRICULTURE) REGULATIONS Regulations by the Minister

Federal Government Notice 203 of 1956 Government Notices 83 of 1964 497 of 1964

1. These Regulations may be cited as the Statistics (Agriculture) Regulations. 2. In these Regulations, unless the context otherwise requires"agricultural unit" means land which is occupied as a unit for agricultural purposes, including any building occupied for a purpose connected with farming; "agriculture" includes horticulture, forestry, fruit growing, seed growing, dairy farming, livestock breeding and keeping, the use of land as pastures, and "agricultural" shall be construed accordingly; "livestock" includes any creature kept for breeding or for the production of food, wool, skins or fur or for the purpose of its use in the farming of land. 3. Statistics may be collected for Zambia or any part thereof with respect to agriculture. (As amended by G.N. No. 83 of 1964) 4. The particulars prescribed in the Schedule shall, in respect of any agricultural unit, be given by the person in charge thereof, whether as owner, lessee, manager, servant or occupier.

Title

Interpretation

Collection of statistics

Prescribed particulars

5. Any person mentioned in regulation 4, to whom a form has been Completion of sent in the manner mentioned in subsection (3) of section nine of the forms Act, requiring him to supply all or any of the particulars prescribed in the Schedule, shall fill up and return the form to the Director of Census and Statistics, P.O. Box 31908, Lusaka, within thirty days of the end of

the period to which the form applies or within thirty days of receiving it, whichever is the longer period. (As amended by G.N. No. 83 of 1964)

SCHEDULE
(Regulations 4 and 5) PRESCRIBED PARTICULARS 1. The name and address, including the postal address, of the agricultural units 2. Full name and address of the owner, lessee, manager, servant or occupier. 3. Particulars of tenure, including the term of lease, if applicable. 4. The area of an agricultural unit and portions thereof, including land lying fallow, woodlands, pastures and land under water. 5. Area planted or to be planted and yield of crops. 6. Number of fruit and other trees and quantity and value of production. 7. Area and production of planted and natural forests and orchards. 8. Area and yield of veld hay cut. 9. Quantity and value of other products. 10. Quantity, value and origin of materials used, stocks held and livestock slaughtered. 11. Details of soil and water conservation and of irrigation. 12. Particulars of livestock by breed, type, sex and age. 13. Mortality and losses of livestock. 14. Purchases and sales of livestock and farm produce. 15. Number and description of farm buildings. 16. Particulars of persons working or living on the agricultural unit and wages paid to them in cash or kind. 17. Number, make and type of tractors, farm implements and machinery.

SECTION 14-THE STATISTICS (CREAMERY PRODUCTS) REGULATIONS Regulations by the Minister

Federal Government Notice 202 of 1956 Government Notices 83 of 1964 497 of 1964

1. These Regulations may be cited as the Statistics (Creamery Products) Regulations. 2. In these Regulations, unless the context otherwise requires"creamery" means premises in which milk or cream is kept or used for the purpose of manufacture of creamery products; "creamery products" means butter, cheese, ice-cream and other milk products. 3. Statistics may be collected for Zambia or any part thereof with respect to the manufacture and disposal of creamery products. (As amended by G.N. No. 83 of 1964) 4. The particulars prescribed in the Schedule shall, in respect of any creamery, be given by the person in charge thereof, whether as owner, lessee, manager, servant or occupier.

Title

Interpretation

Collection of statistics

Prescribed particulars

5. Any person mentioned in regulation 4, to whom a form has been Completion of sent in the manner mentioned in subsection (3) of section nine of the forms Act, requiring him to supply all or any of the particulars prescribed in the Schedule, shall fill up and return the form to the Director of Census and Statistics, P.O. Box 31908, Lusaka, within seven days of the end of the period to which the form applies or within seven days of receiving it, whichever is the longer period. (As amended by G.N. No. 83 of 1964)

SCHEDULE
(Regulations 4 and 5) PRESCRIBED PARTICULARS 1. Name and address, including the postal address, of the creamery. 2. Full name and address of the owner, lessee, manager, servant or occupier. 3. Quantity and value of(a) creamery products manufactured; (b) creamery products in stock; (c) creamery products imported into, and exported from, Zambia by the creamery, including countries of importation or exportation; (d) milk and other materials used in the manufacture of creamery products. (As amended by G.N. No. 83 of 1964)

SECTION 14-THE STATISTICS (MEAT) REGULATIONS Regulations by the Minister

Federal Government Notice 201 of 1956 Government Notices 83 of 1964 497 of 1964

1. These Regulations may be cited as the Statistics (Meat) Regulations. Title 2. In these Regulations, unless the context otherwise requires"livestock" includes cattle, sheep, goats and pigs; "undertaking" means butchery, bacon factory, slaughterhouse, cold storage, or any premises in which meat is kept, cured or processed. Collection of 3. Statistics may be collected for Zambia or any part thereof with respect to the slaughter and disposal of livestock and sales and disposal statistics of meat and animal products. (As amended by G.N. No. 83 of 1964) Prescribed 4. The particulars prescribed in the Schedule shall, in respect of any undertaking, be given by the person in charge thereof, whether as owner, particulars lessee, manager, servant or occupier. 5. Any person mentioned in regulation 4, to whom a form has been Completion of sent in the manner mentioned in subsection (3) of section nine of the forms Act, requiring him to supply all or any of the particulars prescribed in the Schedule, shall fill up and return the form to the Director of Census and Statistics, P.O. Box 31908, Lusaka, within thirty days of the end of the period to which the form applies or within thirty days of receiving it, whichever is the longer period. (As amended by G.N. No. 83 of 1964) Interpretation

SCHEDULE
(Regulations 4 and 5) PRESCRIBED PARTICULARS 1. Name and address, including the postal address, of the undertaking. 2. Full name and address of the owner, lessee, manager, servant or occupier. 3. Quantity and value of livestock slaughtered. 4. Quantity and value of meat or animal products processed or sold.

SECTION 14-THE STATISTICS (DISTRIBUTION) REGULATIONS Regulations by the Minister

Federal Government Notice 209 of 1963 Government Notices 83 of 1964 497 of 1964

1. These Regulations may be cited as the Statistics (Distribution) Regulations. 2. In these Regulations, unless the context otherwise requires"establishment" means any premises at which a business relating to any of the matters prescribed in regulation 3 is carried on. 3. Statistics may be collected for Zambia or any part thereof with respect to the following matters: (a) (b) (c) (d) (e) (f) (g) (h) wholesale trade; business of manufacturers' agents; retail trade; restaurants, cafes, clubs and other eating and drinking places; hotels and boarding-houses; laundries, cleaners, pressers and dyers; barbers and beauty shops; portrait and commercial photographic services.

Title

Interpretation

Collection of statistics

(As amended by G.N. No. 83 of 1964) 4. The particulars and information prescribed in the Schedule shall be Prescribed given in respect of an establishment. particulars and information 5. The particulars and information prescribed in the Schedule shall, in Duty of persons respect of any establishment, be given by the person in charge thereof, in charge of whether as owner, lessee, manager, servant or occupier. establishments

6. Any person to whom a form has been sent in the manner mentioned Completion of in subsection (3) of section nine of the Act, requiring him to supply all or forms any of the particulars and information prescribed in the Schedule, shall fill up and return the form to the Director of Census and Statistics, P.O. Box 31908, Lusaka, within a period of fifteen, thirty, forty-five or sixty days, as the case may be, whichever is specified on the form, from the day on which he receives the form. (As amended by G.N. No. 83 of 1964)

SCHEDULE
(Regulations 4, 5 and 6) PRESCRIBED PARTICULARS AND INFORMATION 1. The period in respect of which particulars and information concerning the establishment is given. 2. The name and address, including the postal address, of the establishment, and of its head office in Zambia. 3. The nature of any business, including its legal status, ownership and association with other undertakings, which(a) is carried on at the establishment; or (b) it is proposed to carry on at the establishment. 4. The number of persons employed at or from the establishment, classified according to their sex and according to whether their employment is in a full-time or a part-time capacity and whether it is paid or unpaid and(a) the amounts paid in salaries, wages, bonuses and commissions to such persons. (b) the cost to the employer of rent payments made to or on behalf of such persons. 5. The sales and receipts from services, in particular(a) the sales of goods not made at the establishment; (b) the sales of goods made at the establishment and receipts from repairs and services; (c) the sales of meals and refreshments and receipts from accommodation; (d) the commissions from sales or purchases not on own account; (e) the receipts from other services. 6. The cost of goods purchased for the purposes of and used at the establishment. 7. Wear and tear allowances for income tax purposes. 8. The payments to other firms or undertakings for(a) work given out on behalf of customers; (b) commercial insurance premiums; (c) advertising; (d) rent of premises; (e) rates on premises. 9. Stocks of goods and materials. 10. An analysis of sales(a) by destination;

(b) by types of commodities. 11. Indebtedness to suppliers and sub-contractors. 12. Indebtedness of customers. 13. Sales under hire-purchase or other instalment credit. (As amended by G.N. No. 83 of 1964)

SECTION 14-THE STATISTICS (EMPLOYMENT) REGULATIONS Regulations by the Minister

Federal Government Notice 241 of 1959 Government Notices 83 of 1964 497 of 1964

1. These Regulations may be cited as the Statistics (Employment) Regulations. 2. In these Regulations, unless the context otherwise requires"establishment" means any premises at or from which persons are employed. 3. Statistics may be collected for Zambia or any part thereof with respect to employment. (As amended by G.N. No. 83 of 1964) 4. The particulars and information prescribed in the Schedule shall, in respect of any establishment, be given by the person in charge thereof, whether as owner, lessee, manager, servant or occupier.

Title

Interpretation

Collection of statistics

Prescribed particulars and information

5. Where more than one branch of economic activity is carried on at or Separate establishments from an establishment, each section of the establishment at or from which a different branch of economic activity is carried on shall be deemed, for the purposes of these Regulations, to be a separate establishment. 6. Any person to whom a form has been sent in the manner mentioned Completion of in subsection (3) of section nine of the Act, requiring him to supply all or forms any of the particulars and information prescribed in the Schedule, shall fill up and return the form to the Director of Census and Statistics, P.O. Box 31908, Lusaka, within a period of thirty days of receiving it.

SCHEDULE
(Regulations 4 and 6) PRESCRIBED PARTICULARS AND INFORMATION 1. The period or date in respect of which particulars and information are required. 2. The name of the establishment, its exact location and postal address. 3. A description of the main activities carried on at or from the establishment. 4. The name and postal address of the head office from which the activities carried on at or from the establishment are controlled. 5. The number of persons employed at or from the establishment, classified according to their nationality and sex, and distinguishing adults and juveniles, and in relation to each such class of persons(a) the amounts paid in salaries, wages, allowances and all other forms of cash remuneration; (b) the cost to the employer of any benefits in kind accruing by virtue of their employment. 6. The number of unfilled vacancies in employment at or from the establishment. 7. The number of persons engaged for or discharged from employment. 8. The hours of work and rates of pay of persons employed at or from the establishment. 9. The date of termination of the financial year of any business carried on at or from the establishment.

SECTION 14-THE STATISTICS (INDUSTRIAL PRODUCTION) REGULATIONS Regulations by the Minister

Federal Government Notice 68 of 1962 Government Notices 83 of 1964 497 of 1964

1. These Regulations may be cited as the Statistics (Industrial Production) Regulations. 2. In these Regulations, unless the context otherwise requires"establishment" means any premises at which a business relating to any of the matters prescribed in regulation 3 is carried on. 3. Statistics may be collected for Zambia or any part thereof with respect to the following matters: (a) factories, workshops, mines, quarries, building undertakings, civil engineering undertakings, water supply undertakings, undertakings for the generation or distribution of electricity or any other productive industry other than the primary forms of agriculture; (b) industries engaged in repair work of any kind. (As amended by G.N. No. 83 of 1964) 4. The particulars and information prescribed in the Schedule shall be given in respect of an establishment.

Title

Interpretation

Collection of statistics

Prescribed particulars and information Duty of persons in charge of establishments

5. The particulars and information prescribed in the Schedule shall, in respect of any establishment, be given by the person in charge thereof, whether as owner, lessee, manager, servant or occupier.

6. Where more than one business relating to any of the matters Separate prescribed in regulation 3 is carried on at an establishment, each section establishments of the establishment in which a different business is carried on shall be deemed, for the purposes of these Regulations, to be a separate

establishment. 7. Any person to whom a form has been sent in the manner mentioned Completion of in subsection (3) of section nine of the Act, requiring him to supply all or forms any of the particulars and information prescribed in the Schedule, shall fill up and return the form to the Director of Census and Statistics, P.O. Box 31908, Lusaka, within a period of fifteen, thirty, forty-five or sixty days, as the case may be, whichever is specified on the form, from the day on which he receives the form. (As amended by G.N. No. 83 of 1964)

SCHEDULE (Regulations 4, 5 and 7)

PRESCRIBED PARTICULARS AND INFORMATION 1. The period in respect of which particulars and information concerning the establishment are given, hereinafter referred to as the period of return. 2. The name and address, including the postal address, of the establishment. 3. The date on which(a) active operations were commenced at the establishment; or (b) it is proposed that active operations will be commenced at the establishment. 4. The nature of any business, including its legal status, ownership and associations with other undertakings, which(a) is carried on at the establishment; or (b) it is proposed to carry on at the establishment. 5. The value of land, buildings, plant, machinery, equipment, vehicles and other fixed assets used for the purposes of the establishment(a) at the beginning and the end of the period of return; (b) acquired or disposed of during the period of return. 6. The number, capacity and size of installed plant and machinery. 7. The number of persons employed at or from the establishment, classified according to their nationality, sex and occupation, and whether on full-time part-time or shift work, and in relation to each such class of persons(a) the amounts paid in salaries and wages; (b) the cost to the employer of any benefits in kind accruing by virtue of their employment; (c) the number of man hours worked. 8. The value of work done by persons employed at or from the establishment(a) in manufacturing goods from materials owned by other persons; (b) in making repairs to materials owned by other persons; (c) in installing goods manufactured or repaired at the establishment; (d) in building, civil engineering or development work chargeable to capital account; (e) in installing plant, machinery and equipment chargeable to capita account. 9. The value of work done for the management of the establishment by persons not employed at the establishment. 10. The quantities and cost of fuel, electricity, water and materials purchased for the purposes of and used at the establishment. 11. Payments to other firms or undertakings for-

(a) transport; (b) maintenance and repairs; (c) hire of plant, machinery, equipment or vehicles; (d) research work; (e) rent of premises; (f) advertising; (g) postage, telephone and similar office expenses; (h) commercial insurance premiums; (i) marketing expenses not referred to above. 12. The volume and value of output undertaken at or from the establishment and in relation thereto stocks and work in progress at the beginning and the end of the period of return. 13. The description, quantity and value of sales or deliveries classified as to type of outlet. 14. The description, quantity and value of orders received during the period of return but on which no work has been done during that period. 15. The description, quantity and outstanding value of uncompleted orders at the end of the period of return. 16. The quantity and value of goods purchased and sold without further processing at the establishment. 17. Depreciation.

SECTION 14-THE STATISTICS (NATIONAL ACCOUNTS AND BALANCE OF PAYMENTS) REGULATIONS Regulations by the Minister

Statutory Instrument 258 of 1966

1. These Regulations may be cited as the Statistics (National Accounts Title and Balance of Payments) Regulations. 2. In these Regulations, unless the context otherwise requires"enterprise" means the financial and decision-making unit controlling one or more establishments; "establishment" means the combination of activities and resources directed towards the production of reasonably homogeneous groups of goods or services, usually located at one place. 3. Statistics may be collected for Zambia or any part thereof with respect to the following matters: industries engaged in the production of goods and/or services, such as factories, workshops, mines, missions, private hospitals, banks, etc. 4. The particulars and information prescribed in the Schedule shall be Prescribed given in respect of an establishment or an enterprise. particulars and information 5. The particulars and information prescribed in the Schedule shall, in Duty of persons respect of any establishment or any enterprise, be given by the person in in charge of charge thereof, whether as owner, lessee, manager, servant or occupier. establishments or enterprises 6. Any person to whom a form has been sent in the manner mentioned Completion of in subsection (3) of section nine of the Act, requiring him to supply all or forms any of the particulars and information prescribed in the Schedule, shall fill up and return the form to the Director of Census and Statistics, P.O. Collection of statistics Interpretation

Box 31908, Lusaka, within a period of fifteen, thirty, forty-five or sixty days, as the case may be, whichever is specified on the form, from the day on which he receives the form. 7. The form, if sent by post, shall be deemed to have been received seven days from the date of the postmark or from the date of such posting. Proof of posting

SCHEDULE
(Regulations 4, 5 and 6) PRESCRIBED PARTICULARS AND INFORMATION 1. The period in respect of which particulars and information concerning the establishment are given, hereinafter referred to as the period of return. 2. The name and address, including the postal address, of the establishment and/or the enterprise. 3. 4. The legal status of the enterprise. Profit and Loss account.

(a) Income and receipts in Zambia and abroad, operating surplus or loss, non-operating income and transfers, giving details such as interest received, dividends, profits received from abroad, other capital income and other income. (b) Non-operating expenditure, i.e. interest payments and other expenditure. 5. Operating income and expenditure. (a) Income, giving details of sales of own products, resales, repair work, charges to capital account, rent, subsidies and other operating income. (b) Expenditure on purchases of goods and services for use of current production, for resale, for administration, repairs and maintenance, work given out, royalties, fees and excise, wages and salaries, rent and other expenditure. (c) Changes in stocks of own products of material and fuels and of goods for resale. 6. Appropriation account in Zambia and abroad, giving details such as provisions for depreciation, direct taxes levied on income and assets, appropriations to funds, transfers, dividends paid, appropriation for other purposes and undistributed profits. 7. Balance Sheet. (a) Assets at the beginning and the end of the period, giving details of fixed assets, stocks, long term and short term investments in Zambia and abroad, cash and bank balances in Zambia and abroad and other assets. (b) Liabilities, giving details of long term and short term liabilities in Zambia and abroad, stock capital, liabilities allocated to funds and other liabilities. 8. Fixed capital formation during the period, expenditure, sales and depreciation on land, land development, mine development, residential buildings, other buildings including shops, other construction works, motor vehicles, other transport equipment, machinery and equipment and other items.