Volume 11

VOLUME 11
CONTENTS Chapter 153. Hotels Act Broadcasting
Chapter 154. Zambia National Corporation Act Chapter 155. Tourism Act
Chapter 156. Professional Boxing and Wrestling Control Act Chapter 157. Casino Act and Cinematograph
Chapter 158. Theatres Exhibition Act Chapter 159.Vacant Chapter 160.Vacant Chapter 161. Chapter 162. Chapter 163.
Printed Publications Act Clubs' Registration Act Lotteries Act Mass
Chapter 164. Zambia Institute of Communications (Repeal) Act Chapter 165. Chapter 166. Chapter 167. Chapter 168. Pools Act Betting Control Act Liquor Licensing Act Traditional Beer Act
Chapter 169.
Radiocommunications Act
Chapter 170. National Arts Council of Zambia Act Chapter 171.Vacant Chapter 172.Vacant
CHAPTER 153 THE HOTELS ACT

ARRANGEMENT OF SECTIONS
PART I PRELIMINARY Section 1. 2. Short title Interpretation
PART II THE HOTELS BOARD 3. 4. 5. 6. 7. 8. 9. 10. Establishment and composition of Board Tenure and vacancies Remuneration and allowances Functions of Board Proceedings of Board Disclosure of interest Immunity of members Committees of Board
PART III ADMINISTRATION 11. Secretary and other staff
12. Prohibition of publication or disclosure of information to unauthorised persons PART IV LICENSING AND GRADING OF HOTELS 13. 14. 15. 16. Section 17. 18. 19. Re-grading of hotels Refusals, cancellations and re-gradings Appeal to Minister Licences Conditions under which licences shall be granted Transfer of hotel licence Revocation of licences
PART V MISCELLANEOUS 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. Entry, inspection and information Register of guests Lien of hotel-keeper Liabilities of an hotel-keeper Settlement of bill Service charge and tips Offences and penalties Regulations Application of Liquor Licensing Act. Cap. 167 Repeal and disapplication
CHAPTER 153
HOTELS An Act to enable control to be exercised over hotels for the purpose of enforcing therein reasonable standards of cleanliness, sanitation and service; to repeal and replace the Hotels Act, 1950, and to disapply the Inn-keepers Act, 1878, so far as it remains in force in Zambia; and to provide for matters connected with or incidental to the foregoing. [31st December, 1987] PART I PRELIMINARY 1. This Act may be cited as the Hotels Act.
Act No. 27 of 1987 13 of 1994
Short title Interpretation
2. In this Act, unless the context otherwise requires"Board" means the Hotels Board established under section three; "board" means the supplying of lodging and includes the supplying of lodging and meals by the same establishment whether or not separate charges are made for lodging, meals or any other service; "Chairman" means the Chairman appointed under section three; "committee" means a committee of the Board, established by the Board under subsection (1) of section ten; "hotel" means a motel, lodge, boarding-house, resthouse, and any other building or premises used for the accommodation of the public in which lodgings are provided and provisions are supplied by the manager thereof but does not include any Government resthouse, hostel, school, or any premises or class of premises exempted from this Act by the Minister under section twenty-seven; "hotel-keeper" means a person to whom a hotel licence has been issued under subsection (1) of section thirteen, and includes a person to whom a licence has been transferred under section fifteen;
"hotel licence" means a licence issued under subsection (1) of section thirteen; "hotel manager's licence" means a licence issued under subsection (2) of section thirteen and "hotel manager" shall be construed accordingly; "member" means a member of the Board, appointed under section three and includes the Chairman and the Vice-Chairman; "public officer" means a person in the employment of(a) (b) (c) a department of the Government; a statutory corporation; a statutory body; or
(d) a company in which the Government has majority or controlling interest; "register" means the register kept by an hotel-keeper under subsection (1) of section twenty-one; "Secretary" means the Secretary appointed under section eleven; "Vice-Chairman" means the Vice-Chairman appointed under section three;
PART II THE HOTELS BOARD 3. (1) There shall be established an Hotels Board, which shall consist ofEstablishment and composition of Board
(a) (b)
a Chairman and a Vice-Chairman; an Advocate of the High Court for Zambia;
(c) (d) (e) and (f)
a health inspector; a member of the Hotels and Catering Association of Zambia; a member of the Hotels and Catering Workers' Union of Zambia;
not more than three other members.
(2) The members referred to in paragraphs (a), (b), (c) and (f) of subsection (1) shall be appointed by the Minister in his discretion but the members referred to in paragraphs (d) and (e) shall be appointed by the Minister in accordance with the recommendation of the organisation concerned. (3) Members, except those referred to in paragraphs (a), (b), (c) and (f) of subsection (1), may nominate a member of their organisation to represent them at a particular meeting and that representative shall, for the purposes of that meeting, be a member. 4. (1) Members shall hold office for three years and may be re-appointed. (2) Members may resign upon giving one month's notice in writing to the Minister and may, at any time, be removed by the Minister. (3) No person shall be appointed a member and where he is a member he shall cease to be a member(a) (b) if he is declared to be of unsound mind; if he is an undischarged bankrupt; Tenure and vacancies
(c) if he is detained, or his freedom of movement is restricted, for over six months under any law in force in Zambia; (d) if he is sentenced to a term of imprisonment longer than six months; or
(e)
if he is convicted of an offence involving dishonesty. Remuneration and allowances
5. Members and members of committees shall not receive any remuneration in respect of their services, but the Board may, with the approval of the Minister, determine and pay to them allowances in respect of attendance at meetings or while otherwise engaged on the business of the Board. 6. (1) The functions of the Board shall be to-
Functions of Board
(a) enforce in hotels reasonable standards of cleanliness, sanitation and service; (b) ensure that proper provision is made for the sanitation of hotels;
(c) ensure that proper provision is made for hotels to be managed in an efficient manner; (d) ensure that proper provision is made for the safety of persons and goods in hotels; (e) ensure that the food in hotels is properly stored, prepared, cooked and served; (f) ensure that the premises in respect of which a hotel licence is issued are structurally adapted for use as an hotel; (g) issue hotel licences and hotel manager's licences;
(h) enter at any reasonable time the premises of a hotel for the purpose of ascertaining whether this Act or regulations made under it are being complied with; and (i) do all such things as are necessary to promote the hotel industry and the welfare of guests. (2) The Board may, by directions in writing and subject to such
conditions as it thinks fit, delegate to a member, the Secretary or other official in the Ministry responsible for hotels, any of its functions under this Act. 7. (1) Subject to this Act, the Board may regulate its own procedure. Proceedings of Board
(2) The Board shall meet for the transaction of business at least once in every three months at such places and at such times as the Chairman may determine. (3) Upon giving notice of not less than fourteen days, a meeting of the Board may be called by the Chairman, and shall be called if not less than four members so request in writing: Provided that if the urgency of any particular matter does not permit the giving of the notice, a special meeting may be called upon giving a shorter but reasonable notice in the circumstances. (4) The particulars of any business to be transacted at a meeting of the Board shall be circulated to the members together with the notice of the meeting. (5) Five members shall form a quorum at a meeting of the Board. (6) The Chairman shall preside at every meeting of the Board or in the absence of the Chairman, the Vice-Chairman shall preside and in the absence of both the Chairman and Vice-Chairman, a member elected by the members present for the purpose of that meeting, shall preside. (7) A decision of the Board on any question shall be by a majority of the members present and voting at the meeting and, in the event of an equality of votes, the person presiding at the meeting shall have a casting vote in addition to his deliberative vote. (8) The Board may invite any person, whose presence is in its opinion desirable, to attend and to participate in the deliberations of a meeting but that person shall have no vote.
(9) The validity of any proceedings, act or decision of the Board, shall not be affected by any vacancy in its membership or by any defect in the appointment of any member or because any person not entitled to do so took part in the proceedings. (10) The Board shall cause minutes to be kept of the proceedings of every meeting of the Board and of every meeting of any committee established by the Board. Disclosure of 8. (1) If any person is present at a meeting of the Board at which any interest matter in which that person or his spouse is directly or indirectly interested in a private capacity is the subject of consideration, he shall, as soon as practicable after the commencement of the meeting, disclose that interest and shall not, unless the Board otherwise directs, take part in any consideration or discussion of, or vote on, any question touching that matter. (2) A disclosure of interest made under this section shall be recorded in the minutes of the meeting at which it was made. 9. No action or other proceeding shall lie or be instituted against any Immunity of member for, or in respect of, any act or thing done or omitted to be done members in good faith in the exercise or purported exercise of his functions under this Act. 10. (1) The Board may, for the purpose of performing its functions Committees of under this Act, establish any committee the Chairman of which shall be Board a member of the Board and may delegate to any such committee such of its functions as it determines. (2) The Board may appoint, as members of a committee established under subsection (1), persons who are or who are not members of the Board and such persons shall hold office for such period as the Board may determine. (3) Subject to any specific or general directions of the Board, any committee established under subsection (1) may regulate its own procedure.
(4) Sections eight and nine shall apply to members of a committee.
PART III ADMINISTRATION 11. (1) The Public Service Commission shall appoint a Secretary to the Secretary and Board, which office shall be in the public service. other staff (2) The Secretary is responsible for the administration of the day-to-day affairs of the Board under the general supervision of the Board. (3) The Public Service Commission shall also provide to the Board the services of such other public officers, which shall include inspectors, as may be required for the efficient discharge of the functions of the Board. 12. (1) No person shall, without the consent in writing given by or on behalf of the Board, publish or disclose to any person otherwise than in the course of his duties, the contents of any document, communication or information, which relates to, and which has come to his knowledge in the course of, his duties under this Act. Prohibition of publication or disclosure of information to unauthorised persons
(2) A person who knowingly contravenes subsection (1) is guilty of an offence and liable, upon conviction, to a fine not exceeding two thousand two hundred and fifty penalty units or to imprisonment not exceeding three years, or both. (3) If a person having information which to his knowledge has been published or disclosed in contravention of subsection (1) unlawfully publishes or communicates that information to any other person, he is guilty of an offence and liable, upon conviction, to a fine not exceeding two thousand two hundred and fifty penalty units or to imprisonment for a term not exceeding three years, or both. (As amended by Act No. 13 of 1994)
PART IV LICENSING AND GRADING OF HOTELS 13. (1) No person shall operate an hotel unless he has previously obtained an hotel licence from the Board specifying the premises in respect of which the licence is granted. (2) No person shall manage an hotel unless he has previously obtained an hotel manager's licence from the Board. (3) An hotel licence or an hotel manager's licence shall commence on the day on which it is issued and, unless previously cancelled, shall expire on the 31st December following the date of commencement. 14. (1) No hotel licence shall be granted by the Board unless the Board Conditions is satisfied thatunder which licences shall be granted (a) the applicant does not fall under any of the disqualifications specified in subsection (3) of section four; (b) the premises in respect of which the application is made are structurally adapted for use as an hotel; (c) proper provision has been made for the sanitation of the hotel; Licences
(d) proper provision has been made for the hotel to be managed in an efficient manner; (e) proper provision has been made for the storage, preparation, cooking and serving of food in the hotel; (f) the premises in respect of which the application is made comply Cap. 295 with the Public Health Act and regulations made under it, and a certificate to that effect is produced; and
(g) (i) (ii)
the applicant meets such additional requirements relating toparagraphs (b) to (f); or the welfare of guests;
as the Board may determine. (2) No hotel manager's licence shall be granted by the Board unless the Board is satisfied that the applicant is of good character and meets such other conditions as the Board may determine. 15. Where a holder of a hotel licence informs the Board that he intends Transfer of hotel licence to transfer that licence to some other person, the Board may authorise the transfer if it is satisfied that the conditions specified in or under subsection (1) of section fourteen have been complied with. 16. (1) Where it appears to the Board that after the grant of an hotel licence or an hotel manager's licence(a) (b) an hotel is being conducted in an unclean or insanitary manner; an hotel is not being conducted in an efficient manner; Revocation of licences
(c) the food served in an hotel is not properly prepared, cooked or served; (d) any condition specified in or under subsection (1) of section fourteen is not being complied with; (e) the hotel-keeper or the hotel administration is involved in, encourages, or condones, crime being committed in or around the hotel; or (f) the hotel keeper is convicted of an offence under the Control of Goods Act or regulations made thereunder; the Board may, subject to subsections (2) and (3), revoke the hotel licence or the hotel manager's licence, or both: Provided that a hotel manager's licence shall not be revoked if the Board is satisfied that any contravention under this subsection took place
without his knowledge, consent or connivance. (2) Where there is a contravention under subsection (1) the Board may require the hotel-keeper, by notice in writing, to correct the contravention within a period, not being less than thirty days, and if the hotel-keeper fails to do so to the satisfaction of the Board within the specified period, the Board may revoke in writing the hotel licence or the hotel manager's licence, but the revocation of either licence shall not take effect until the expiration of thirty days from the date of the notice to revoke: Provided that where the nature or extent of the contravention is serious, the Board may order that the revocation of the hotel licence or hotel manager's licence shall take effect immediately. 17. (1) The Board may, on the application of an hotel-keeper or on its own motion, grade or re-grade hotels. (2) Where it appears to the Board that an hotel is not being managed in a manner conforming to the class in which the hotel is graded, the Board may, upon giving notice to the hotel-keeper, remove the name of the hotel from the class in which it is registered and place it in a lower class, but the regrading shall not take effect until the expiration of thirty days from the date of the notice. 18. The Board shall not refuse an application for an hotel licence or an Refusals, application to transfer an hotel licence or cancel an hotel licence granted cancellations under subsection (1) of section thirteen or re-grade an hotel under and re-gradings section seventeen unless the hotel manager or hotel-keeper has been furnished, in writing, by the Board, with the reasons for the refusal, cancellation or regrading and has been given an opportunity of appearing before the Board and of being heard in support of the application, or in opposition to the cancellation or re-grading. 19. (1) A person aggrieved byAppeal to Minister Re-grading of hotels
(a) a refusal by the Board to grant a licence or to permit the transfer of an hotel licence;
(b) (c)
the cancellation of a licence by the Board; or the grading or re-grading of an hotel by the Board;
may, within thirty days from the date of receipt of notification of the refusal, cancellation, grading or re-grading, appeal to the Minister, who may confirm, vary or set aside the decision of the Board, or send it back to the Board for further consideration. (2) If the Minister is satisfied that the failure to lodge an appeal within the thirty days referred to in subsection (1) was not due to the neglect or wilful default of the applicant, he may allow the appeal to be lodged out of time. (3) In every case in which an appeal under this section has been lodged, the Board shall submit to the Minister in writing the grounds for its decision.
PART V MISCELLANEOUS 20. A member, or any person authorised in writing by the Board in that Entry, behalf may, at any reasonable time, enter and inspect the premises of an inspection and hotel and may require the hotel-keeper to furnish such information as is information necessary to enable the Board to carry out its functions. 21. (1) Every hotel-keeper shall keep a register in which shall be recorded the name of every guest and such other particulars as may be prescribed. (2) Every hotel-keeper shall(a) present the register to every person who intends to stay at his hotel and request him to write his name in the register together with such other particulars as may be prescribed; (b) present the register for inspection when so requested by a Register of guests
member of the Board, or by a police officer of or above the rank of Sub-Inspector; and (c) supply to any police officer of or above the rank of Sub-Inspector the original of any entry in the register or duplicate thereof when requested by that officer. (3) An hotel-keeper who fails to comply with subsection (2) is guilty of an offence and liable, upon conviction, to a fine not exceeding seven hundred and fifty penalty units or imprisonment not exceeding three months, or both. (4) An hotel-keeper may refuse to allow into his hotel a guest who refuses or fails to give the particulars prescribed by or under this Act. (5) A guest who makes a statement in the register of guests knowing that statement to be false is guilty of an offence and liable, upon conviction, to a fine not exceeding seven hundred and fifty penalty units or imprisonment not exceeding three months, or both. (As amended by Act No. 13 of 1994) 22. (1) An hotel-keeper may detain goods brought into the hotel or left Lien of in the hotel by a guest indebted to him for board and may continue to hotel-keeper detain the goods until the debt is paid but may not detain the clothing which the person is wearing. (2) An hotel-keeper shall have the right to sell by public auction goods detained under subsection (1) and shall, after having out of the proceeds of the sale paid himself the amount of the debt together with the costs and expenses of the sale, make reasonable efforts to pay to the guest whose goods have been sold, the surplus, if any, remaining after the sale. (3) No sale of the goods referred to in subsection (1) shall be made until after the goods have been for six weeks in the charge or custody of the hotel-keeper or in the hotel without the debt having been paid or satisfied. (4) At least one month before any sale is made under this section, the
hotel-keeper shall cause to be published in at least one newspaper circulating in the district where the hotel is situated, an advertisement containing notice of such intended sale and giving briefly a description of the goods intended to be sold, together with the name of the guest who brought, deposited or left the goods, if known. (5) Where goods are sold under subsection (2) the hotel-keeper shall, before the expiration of the period of seven days beginning with the date of the sale of the goods, prepare a record in relation to the goods containing the following particulars: (a) (b) (c) (d) a sufficient description of the goods; the method, date and place of the sale; the name and principal place of business of the auctioneer; the amount of the proceeds of the sale; and
(e) a statement of each item of the charges of the hotel-keeper in relation to the goods and the transaction to which each item relates; and shall during the period of six years beginning with the date on which the record is prepared, keep the record together with a copy of the notice of the hotel-keeper to sell the goods and shall at any reasonable time during the period of six years, if so requested by or on behalf of the guest, produce the record, copy and certificate, or any of them, for inspection by the guest or a person nominated in that behalf by him. (6) A person who fails to comply with this section, is guilty of an offence and liable, upon conviction, to a fine not exceeding seven hundred and fifty penalty units or imprisonment not exceeding three months, or both. (As amended by Act No. 13 of 1994) Liabilities of an 23. (1) Without prejudice to any other liability incurred by him with respect to any property brought into the hotel by a guest, a hotel-keeper hotel-keeper shall, except as otherwise provided in this section, be liable to make good to that guest any loss or damage to the property where(a) the loss or damage was incurred in the hotel; and
(b) the loss or damage occurred during the period the guest has been residing at the hotel or has left the goods in the custody of the hotel-keeper. (2) Without prejudice to any other liability or right of his with respect thereto, an hotel-keeper shall not, as such, be liable to make good to any guest any loss of, or damage to, or have a lien on, any motor vehicle or any property left therein. (3) Where the hotel-keeper is liable as such to make good the loss of or any damage to property brought to the hotel, his liability to any one guest shall not exceed one thousand kwacha in respect of any one article, or five thousand kwacha in the aggregate, except where(a) the property was stolen, lost or damaged through the default, neglect or wilful act of the hotel-keeper or his servant or agent; (b) the property was deposited by or on behalf of the guest expressly for safe custody with the hotel-keeper or his servant or agent authorised or appearing to be authorised for the purpose and, if so required by the hotel-keeper or that servant or agent, put into a container fastened or sealed by the depositor; or (c) at any time after the guest had arrived at the hotel, either the property in question was offered for deposit and the hotel-keeper or his servant or agent refused to receive it, or the guest or some other person acting on his behalf wished to so offer but through the default of the hotel-keeper or his servant or agent, was unable to do so: Provided that the hotel-keeper shall not be entitled to the protection of this subsection unless, at the time when the property in question was brought to the hotel, a notice to that effect printed in plain type was conspicuously displayed in a place where it could conveniently be read by his guest at or near the reception office or desk or, where there is no reception office or desk, at or near the main entrance to the hotel. 24. A person who leaves an hotel without either paying his bill for Settlement of board or making arrangements with the hotel-keeper, his agent or bill servant that the bill may be left in abeyance is guilty of an offence and liable, upon conviction, to a fine not exceeding seven hundred and fifty
penalty units or imprisonment not exceeding three months, or both. (As amended by Act No. 13 of 1994) 25. (1) A hotel shall add to every bill a service charge of ten per centum Service charge of the bill, which shall be paid in equal shares to all the employees who and tips are unionised or are eligible for union membership. (2) An hotel-keeper who contravenes subsection (1) is guilty of an offence and liable, upon conviction, to a fine not exceeding seven hundred and fifty penalty units or to imprisonment not exceeding three months, or both. (3) The court convicting a hotel-keeper for a contravention of subsection (1) shall, in addition to the penalties prescribed in subsection (2), enter civil judgment in favour of the workers affected and order the hotel-keeper to pay the money owing. (4) No person is obliged to give a tip for any service rendered in an hotel and the hotel-keeper of each hotel shall display a notice to that effect printed in plain type in a conspicuous place in the hotel where it could conveniently be read by a guest in the hotel. (As amended by Act No. 13 of 1994) 26. A person who contravenes this Act or any direction given under it Offences and or regulations made under it shall, unless a different penalty is provided, penalties be liable to a fine not exceeding seven hundred and fifty penalty units or to imprisonment not exceeding three months, or both. (As amended by Act No. 13 of 1994) 27. (1) The Minister may, by statutory instrument, make regulations for Regulations the better carrying out of the purposes of this Act. (2) In particular but without prejudice to the generality of the power conferred in subsection (1), regulations may be made(a) exempting premises or categories of premises from the provisions of this Act;
(b) prescribing the form of any licence under this Act and the fees payable therefor; (c) providing for the grading of hotels and all matters incidental thereto; (d) providing for returns to be supplied from time to time by hotel-keepers to the Board or to any person authorised by the Board in that behalf, showing the number of guests staying at the hotel; (e) regulating the hours of employment of any person employed in any capacity in connection with the business of an hotel; (f) prescribing the form of the register to be kept under section twenty-one; (g) requiring the disposal of the register or any part thereof; and
(h) prescribing any other matter which is required or permitted to be prescribed under this Act. (3) Regulations made under this section may provide for the cancellation, by the court trying the offence, of the licence of any hotel-keeper who is convicted of any contravention of the regulations. 28. Nothing in this Act shall affect the Liquor Licensing Act or regulations made under it. Application of Liquor Licensing Act. Cap. 167 Repeal and disapplication Cap. 251, 41 and 42 Vic. C38 Cap. 251
29. The Inkeepers Act, 1878, shall, so far as it remains in force in Zambia, cease to have effect.
SUBSIDIARY LEGISLATION
THE HOTELS ACT
THE HOTELS 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. Title Interpretation Applications for licences Procedure on application Consideration of application Grant of licence Notification of change of ownership Classification of hotels Factors governing classification Issue of notice of classification Keeping of register List of charges to be displayed Notice of classification to be displayed Bedrooms to be numbered Accommodation in a double room Charges for full board terms Bill to be supplied Authentication of documents Power of inspector Penalties Publication in Gazette Revoked by S.I. No. 162 of 1985
23. 24.
Revoked by S.I. No. 162 of 1985 Revocation
SCHEDULE-Prescribed Forms
FORM 1Application for Licence to Keep or Manage an Hotel FORM 2Application for Renewal of Licence to Keep or Manage an Hotel FORM 3Application for Hotel Manager's Licence FORM 4Hotel Manager's Licence FORM 5Licence to Keep or Manage an Hotel FORM 6Notice of Classification FORM 7Register of Guests
CHAPTER 153
SECTION 15- HOTELS REGULATIONS Regulations by the Minister
Statutory Instrument 161 of 1983 162 of 1985
1. These Regulations may be cited as the Hotels Regulations. 2. In these Regulations, unless the context otherwise requires"accommodation" means the supply of a bed with linen and sufficient and suitable bed-covers and includes the cleaning of the bedroom and any other supply or service which may reasonably be expected in an hotel of the class to which the licence relates; "bath" includes supply of adequate hot and cold water, soap and towels, and cleaning of the bath and bathroom; "bed and breakfast" means accommodation and continental breakfast; "double room" means a room of at least sixteen square metres with not more than two beds excepting a baby cot; "full board" includes accommodation, early morning tea, breakfast, luncheon, dinner and bath; "hotel manager" means the person who has overall charge of the day-to-day affairs of an hotel;
Title Interpretation
"single room" means a room of at least eleven square metres with not more than one bed excepting a baby cot; "suite" means a bedroom with bathroom, and interleading lounge. 3. (1) Any person required by the Act to obtain a licence to keep or manage an hotel shall submit an application to the Board in Form 1 in the Schedule. (2) Any person required by the Act to renew such licence shall submit an application to the Board in Form 2 in the Schedule. (3) With effect from the 1st January, 1984, any person desiring to be or continue to be an hotel manager must hold an hotel manager's licence issued by the Board by that date. (4) An application for an hotel manager's licence shall be in Form 3 in the Schedule and the licence shall be in Form 4 in the Schedule; the Board shall determine its own criteria for issuing a hotel manager's licence. 4. (1) Upon receipt of an application, the Board shall satisfy itself that the particulars set out therein are correct and shall carry out such investigation or inspection as may be necessary. (2) Upon receipt of an application, the Board shall furnish the applicant with an acknowledgement and shall specify therein the date on which the Board shall consider such application. 5. Upon the date appointed for the consideration of an application, the Consideration Board shall consider the particulars set out therein together with such of application reports of inspections and inquiries as may have been called for, and may(a) grant or refuse a licence; Procedure on application Applications for licences
(b) postpone consideration of the application for any reason which the Board may deem just.
6. The licence granted by the Board in respect of an hotel shall be in Form 5 in the Schedule.
Grant of licence
7. When the ownership of an hotel is changed, the holder of the licence Notification of shall notify the Board of such change forthwith. change of ownership 8. The Board shall classify hotels into such classes and in accordance with such principles as the Board may from time to time decide. The Board shall publish particulars of such classes and principles in the Gazette. 9. In determining the classification of an hotel, the Board shall take into consideration all the factors affecting the overall standard of an hotel and in particular the following: (a) the standard of service and efficiency of the management and the staff; (b) the degree of comfort afforded, the quality of the equipment and furnishings, the proportion of bathrooms to the number of bedrooms and the number of private bathrooms in proportion to the whole; (c) the standard of cleanliness throughout the hotel and the sanitary facilities provided; the manner in which food is stored, prepared, cooked and served and the quality of the food; (d) the structure of the hotel buildings and the amenities provided by public rooms, recreational facilities and grounds. 10. The Board shall, upon classification of any hotel in accordance Issue of notice with these Regulations, send to the holder of the licence for such hotel a of classification notice in writing in Form 6 in the Schedule informing him of such classification. 11. Every hotel-keeper required under section thirteen of the Act to Keeping of keep a register for the purpose of showing the name of every guest shall register keep such register in book form in Form 7 in the Schedule. 12. Every hotel-keeper shall cause a list of current charges for his hotel List of charges to be clearly printed and a copy of it to be displayed in every bedroom to be displayed Classification of hotels
Factors governing classification
and in a prominent place at the reception desk at his hotel. Any person who contravenes the provisions of this regulation shall be guilty of an offence. 13. Every hotel-keeper shall cause the notice of classification to be Notice of exhibited at the reception desk of the hotel, and he shall not advertise or classification to describe his hotel in any publication, leaflet, brochure, broadcast or be displayed elsewhere as being of a higher class than that described in such notice. Any person who contravenes the provisions of this regulation shall be guilty of an offence. 14. Every bedroom shall be numbered and the number allotted to each Bedrooms to be such room shall be clearly marked on the outside of the door thereof. numbered 15. (1) When a person occupies a double room because no single-room Accommodation accommodation is available, the hotel-keeper shall not charge to such in a double room person, in respect of the room, a rate higher than that fixed for single-room accommodation: Provided that the hotel-keeper may, at any time, request such person to share a room with another person, and, if the first person agrees, he shall be charged as regards accommodation and for so long as the room is shared with the other person, half the price chargeable for a double room; and, if he refuses, such first person may be charged the full price for the double-room accommodation. (2) Any person who contravenes the provisions of this regulation shall be guilty of an offence. 16. No guest staying at an hotel on full board terms shall be entitled to Charges for full any reduction in charges by reason of the fact that he may not have board terms consumed the full number of meals supplied under full board terms. 17. An hotel-keeper shall furnish every guest staying at his hotel with a Bill to be bill showing in detail the item or items supplied and the charge or supplied charges made therefor and, on payment being made, with a receipt duly dated and signed. Every such bill and receipt shall be numbered consecutively and a carbon copy thereof shall be kept by the hotel-keeper and, for one year from the date of issue, such copy shall be
available for inspection by a member of the Board or a person authorised in writing by the Board. Any person failing to comply with the provisions of this regulation shall be guilty of an offence. 18. Every notice, order or other document issued by the Board shall be Authentication signed by the Chairman thereof, or by some person authorised in writing of documents by the Chairman for the purpose, and when so signed shall for all purposes be deemed to have been duly issued by the Board until the contrary be proved. 19. Any person authorised in writing by the Board in terms of section Power of inspector twelve of the Act and acting in the course of his duties may(a) require any hotel-keeper or any of his employees, servants or agents to produce to him any article, books or accounts or other documents relating to the business of the hotel, other than profit and loss, trading accounts and balance sheets; (b) investigate any matter arising under the provisions of the Act; (c) seize and detain any article, books or documents relating to the business of any hotel, other than profit and loss, trading accounts and balance sheets, if he has reasonable grounds for suspecting that they contain evidence of the commission of an offence against the Act. 20. (1) Any person who is convicted of an offence against these Penalties Regulations shall be liable to a fine not exceeding one thousand two hundred and fifty penalty units or to imprisonment for six months, or to both, and the court trying the offence may order the cancellation of any licence held by any hotel-keeper who is convicted, or whose employee, servant or agent is convicted, of an offence against these Regulations. (2) Any person who abets the commission of, or attempts to commit, any offence against these Regulations shall himself be guilty of an offence. (As amended by Act No. 13 of 1994) 21. A classification or reclassification of an hotel by the Board shall be published in the Gazette.
22. Revoked by S.I. No. 162 of 1985
Publication in Gazette
23.
Revoked by S.I. No. 162 of 1985
24.
The Hotels Regulations are hereby revoked.
Revocation of S.I. No. 106 of 1983
SCHEDULE
PRESCRIBED FORMS
For Official Use Only 1 .............................. 2 .............................. 3 .............................. 4 .............................. 5 ..............................
THE HOTELS ACT FORM 1 (Regulation 3 (1))
APPLICATION FOR LICENCE TO KEEP OR MANAGE AN HOTEL I, ........................................................................... hereby apply in terms of section 5 of the Hotels Act for a licence to keep/manage* the undermentioned hotel. 1. 2. Name of hotel Address of hotel
3. Name of proprietor (if partnership, give names of all partners; if limited company, names of directors). 4. Name of manager 5. Qualifications and/or experience of proprietor or manager in keeping or managing an hotel:
6. 7.
Municipal valuation of property Number of bedrooms:

No ................ With bathroom and W.C. No.......... With bathroom and W.C.
(a) Single TOTAL..
(b) Double TOTAL..
No ................ With bathroom and no W.C No.......... With bath-
No ................ Without bathroom and with H. & C. No.......... Without bath-
No ................ Without H. & C. No.......... Without
room and no W.C. 8. Number of: (a) ladies' bathrooms *
room but with H. & C.
H. & C.
(b) gentlemen's bathrooms For resident guests: (c) ladies' lavatories *
(c) (i) with water-borne sanitation (c) (ii) without water-borne sanitation (d) gentlemen's lavatories *
(d) (i) with water-borne sanitation (d) (ii) without water-borne sanitation For non-resident guests: (e) ladies' lavatories *
(e) (i) with water-borne sanitation (e) (ii) without water-borne sanitation (f) gentlemen's lavatories *
(f) (i) with water-borne sanitation (f) (ii) without water-borne sanitation (g) sitting-rooms for resident guests (g) (i) sitting-rooms for non-resident guests (h) writing-rooms (i) sample rooms (j) other public rooms *Excluding private bathrooms, lavatories and sitting-rooms. 9. Is garage accommodation provided? If so, describe and state for how many cars 10. What is the system of lighting? 11. What is the system of water supply? If not on mains supply, state quantity of water available litres per day.
12. What is the system of sanitation? 13. Are all rooms mosquito-proofed? If not, state number proofed ......................... ; number unproofed 14. Average number of staff employed: Managers Chefs Cooks Barmen Housekeepers Receptionists Waiters Kitchen staff Bedroom staff Others (specify) 15. Are laundry facilities provided for guests? 16. Details of dining-rooms State seating accommodation Number of tables 17. Is there a telephone? If so, state location and number of extensions 18. Are special arrangements made for children? (a) Dining-room (b) Other rooms or services 19. Is there a liquor licence? If so, state whether there is: (a) separate entrance to the bar (b) sitting-room open to all guests/residents only (c) separate toilet arrangements for the bar 20. Hours: (a) for attendance (b) for meals or refreshments
(c) for night porter 21. Describe: (a) Kitchen accommodation and storage facilities (including refrigerator)
(b) washing-up facilities This application is supported by: (a) bedroom plan (in duplicate and not necessarily to scale) with room numbers, number of electric lights in each bedroom, location (if installed) of H. & C. installation, bathrooms and lavatories; (b) brief description of grounds, stating extent and amenities provided; and (c) permit under regulation 4 of the Public Health (Tea Rooms, Restaurants, Boarding-houses and Hotels) Regulations in respect of the premises. Date ............................. *Delete as applicable. Signed
For Official Use Only 1 .............................. 2 .............................. 3 .............................. 4 .............................. 5 ..............................

APPLICATION FOR RENEWAL OF LICENCE TO KEEP OR MANAGE AN HOTEL I, hereby apply for the renewal of the licence issued in respect of the undermentioned hotel. Name of hotel Address Name of proprietor(s) Name of manager........... I certify that the particulars of the hotel are the same as those submitted with the last application for a licence/renewal of a licence in respect of this hotel, with the exception of the changes and structural alterations set out in the attached statement. Date ............................. Signed

APPLICATION FOR HOTEL MANAGER'S LICENCE I, hereby apply for a Hotel Manager's Licence. Address Qualifications and experience
Are you medically fit? I declare that I have furnished the above information truthfully and exactly and that I am not aware of any circumstances not disclosed above which, if known, might raise doubts as to my fitness for an Hotel Manager's Licence and if this declaration or any of the particulars furnished by me are subsequently found to be false to my knowledge, I may have my licence revoked. Date ............................. Witnessed by Signed Date .............................

HOTEL MANAGER'S LICENCE Name of holder Residential address Postal address This licence is issued in terms of the Hotels Act upon the conditions set forth overleaf. It shall expire on Chairman, The Hotels Board
THE HOTELS ACT FORM 5 (Regulation 6)

LICENCE TO KEEP OR MANAGE AN HOTEL Name of holder Name of hotel Address of hotel This licence is issued in terms of the Hotels Act upon the conditions set forth overleaf and is valid until the day of .................................... , 19 ................... Chairman, The Hotels Board
CONDITIONS

NOTICE OF CLASSIFICATION To Hotel/Motel Manager, Your are hereby notified that the Hotel has been classified by the Hotel Board as a Hotel.
Chairman, The Hotels Board Date .............................. Place

REGISTER OF GUESTS This Form must be completed by Guests on Arrival HOTEL REGISTER ...................................................................... Account No. (if any) Car/Flight No .............................................. Room No Name (in BLOCK LETTERS) (State Mr, Mrs, or Miss) Number of persons Permanent residential address
Nationality ................................................... Date of arrival at hotel Passport/Travel Document/NRC No Date and place of issue Purpose of stay at hotel
Holiday Business International Convention or Conference Visiting friends/relatives Employment Other (specify) Proposed date of departure from hotel If not resident in Zambia the following details must be completed.
Date of arrival in Zambia Proposed date of departure from Zambia Address to which proceeding
Identity checked by Signature of Guest No innkeeper shall be liable to make good to any guest of such innkeeper any loss of or injury to goods or property brought to his inn, not being a horse or other live animal, or any gear appertaining thereto, or any carriage, to a greater amount than the sum of sixty kwacha, except in the following cases (that is to say): (1) Where such goods or property shall have been stolen, lost or injured through the wilful act, default, or neglect of such innkeeper or any servant in his employ; (2) Where such goods or property shall have been deposited expressly for safe custody with such innkeeper: Provided always, that in the case of such deposit, it shall be lawful for such innkeeper, if he thinks fit, to require, as a condition of his liability, that such goods or property shall be deposited in a box or other receptable, fastened and sealed by the person depositing the same. Money or valuables may be handed to the Manager for safe keeping.
SECTION 15-THE HOTELS (MINIMUM STANDARDS AND CLASSIFICATION) REGULATIONS Regulations by the Minister
Statutory Instrument 21 of 1983
1. These Regulations may be cited as the Hotels (Minimum Standards Title and Classification) Regulations. 2. In these Regulations, unless the context otherwise requires"approved" means approved by the Board; "graded" means, in relation to a hotel, a five-star, four-star, three-star, two-star or one-star hotel and "ungraded" shall be construed accordingly. Minimum 3. No licence may be issued in respect of any premises unless the premises to which an application relates meets, to an approved standard, requirements for hotels the requirements set out in the First Schedule. 4. (a) (b) (c) (d) (e) (f) Hotels shall be classified as follows: five-star; four-star; three-star; two-star; one-star; ungraded. Classes of hotels Interpretation
5. A hotel shall be graded if, in addition to the requirements prescribed Additional under paragraph 3, it meets, to an approved standard, the requirements requirements set outfor graded (a) in the case of a five-star hotel, in Part I of the Second Schedule; hotels (b) in the case of a four-star hotel, in Part II of the Second Schedule;
(c) in the case of a three-star hotel, in Part III of the Second Schedule; (d) and (e) in the case of a two-star hotel, in Part IV of the Second Schedule; in the case of a one-star hotel, in Part V of the Second Schedule.
6. There shall be no additional requirements for a licence relating to an Ungraded ungraded hotel. hotels
FIRST SCHEDULE
(Paragraph 3)
MINIMUM REQUIREMENTS FOR ALL HOTELS

Bedrooms 1. Through-ventilation shall be provided in all bedrooms. 2. For hotels constructed after the coming into force of these Regulations, the minimum sizes of bedrooms built-in cupboards and bathrooms shall not be deducted but the area occupied by balconies shall be deemed not to be part of the bedroom. 3. The window area shall be a minimum of 10 per cent of the floor area. An area equal to 50 per cent of the minimum window area must be capable of opening. 4. (a) There shall be provided in each bedroom electric lighting and an electricity outlet. (b) There shall be provided at or near a bed for adults electric lighting operated by a switch close to the bed; where a double bed is provided, a light for either side shall be supplied, each with its own switch. 5. Either(a) measures, such as flyscreening or air conditioning, shall be taken against the entry of mosquitoes and similar creatures; or (b) mosquito-nets shall be provided for guests and this fact shall be brought to their notice. 6. For hotels constructed after the coming into force of these Regulations, a lighted wash-hand basin, with hot and cold water laid on and available at all times, shall be provided in each bedroom which does not have a private bathroom, and there should be an area not less than 600 mm in width and 450 mm in height immediately above the basin and which shall be protected with an impervious splash-back. 7. The following articles shall be provided at or near every wash-hand basin: (a) (b) (c) (d) a towel rail; a shelf; a mirror; and a drinking glass for each occupant.
8. All bedroom doors shall have locks maintained in safe working
condition and keys shall be made available to guests occupying the rooms. 9. An adequately lit dressing table, together with at least one drawer, a mirror and a stool or a chair shall be provided in each bedroom. 10. A wardrobe or built-in cupboard shall be provided in each bedroom, together with(a) (b) coat hangers; and two or more shelves or drawers.
11. A waste-paper basket shall be provided in each bedroom. 12. There shall be(a) (b) or (c) bed. wall-to-wall carpeting; or one floor mat, not less than 90 cm by 120 cm, serving all beds; one bedside mat, not less than 60 cm by 100 cm, for each adult
13. Beds, but not beds for children, shall be of a minimum width of 90 cm and shall be provided with inner-sprung or foam-rubber mattresses of a minimum thickness of 10 cm or a similar type, as may be approved, with all sagging eliminated. 14. A suitable chair shall be provided for each bedroom in addition to the stool or the chair for the dressing table. 15. A luggage rack shall be provided in each bedroom. 16. A bedside cabinet or table shall be accessible to all adult beds. 17. All rooms shall be numbered or named. Bathrooms 18. (a) There shall be at least one bathroom and one toilet for every eight beds which are not served by private bathrooms. (b) Separate bathrooms and toilets shall be provided for each sex on each floor on which there are bedrooms without private bathrooms. (c) All bathrooms and toilets shall show for which sex they are provided. 19. All bathrooms shall be served by an efficient hot-and-cold-water system maintained in good working order. 20. All baths shall be built in with impervious material. 21. All walls of bathrooms shall be covered with impervious material up to a height of 180 cm. The wall above the tiling shall be of a satisfactory finish. 22. Floors shall be of impervious material and all corners and junctions
with walls shall be coved. 23. Every bathroom shall be provided with a(a) (b) (c) (d) (e) mirror, shelf and towel rail; bath mat; hook for hanging clothes; door which can be locked or bolted; and hand-wash basin.
24. (a) All toilet pans shall be provided with lids and seats. (b) There shall be a toilet paper dispenser in each toilet and a suitable form of sanitary disposal in each female toilet. 25. There shall be fly screens on all windows capable of opening. Communication systems 26. There shall be a communication system of such nature as is prescribed in these Regulations for the class of hotel concerned; there shall be at least electric bells for ungraded hotels. Electric Lighting 27. (a) Electric lighting shall be provided over the whole premises. (b) Where self-generated electric current is used, alternative means of lighting shall be available in all bedrooms, bathrooms, cloakrooms and public rooms, for use when current is not available; notices prominently displayed, drawing attention to this fact, shall be provided. Dining Rooms and Lounges 28. Dining rooms and lounges shall be adequately ventilated. 29. Adequate furniture of acceptable quality shall be provided. 30. Adequate and proper table appointments including cutlery, condiment sets and crockery shall be provided. 31. A clean and legible menu showing the meal tariff shall be made available to guests when orders are taken. 32. Fly screens shall be provided for all windows capable of opening where no air conditioning is available. 33. No chipped, cracked or broken crockery shall be used. Fire 34. Fire-fighting appliances which comply with local by-laws shall be available. 35. Fire escape facilities indicated by prominent notices shall be provided and maintained in safe order.
Insurance 36. The hotel shall provide and keep in force an approved public liability insurance policy. Kitchens, Storerooms and Pantries 37. Floors of kitchens, storerooms and pantries shall be of impervious material, suitably graded and drained; all corners, edges and junctions with walls shall be coved. 38. Walls shall be tiled or be covered with other impervious finish to a height of not less than 180 cm. 39. All kitchen and pantry furniture tops and shelving shall be of stainless steel or other impervious material. 40. (a) Separate hand washing facilities with hot and cold water and splash-back shall be provided in the kitchen for the use of staff. (b) A separate sink with splash-back shall be provided exclusively for the preparation of food. 41. Kitchens shall be kept free of insects and rodents. 42. Ventilation shall be provided; hot air fumes shall be extracted by appropriate means. 43. No chipped or damaged utensils shall be kept in areas where food is stored, prepared and served. 44. Fly screens shall be provided for all windows capable of opening. Sculleries 45. Floors shall be of impervious material, suitably graded and drained, and all corners, edges and junctions with the walls shall be coved. 46. Walls shall be tiled or be covered with other impervious material to a height of not less than 180 cm. 47. All kitchen and pantry furniture tops and shelving shall be of stainless steel or other impervious material. 48. Sculleries shall be kept free from insects and rodents. 49. (a) At least one double-bowl sink with splash-back or a dishwashing machine with piped hot and cold water shall be provided in each scullery. (b) Separate facilities for washing pots shall be provided.
Refrigeration 50. Adequate refrigeration or coldroom capacity shall be provided for foodstuffs in or near the area where food is prepared and for drinks in or near the bar.
Refuse 51. (a) Refuse shall be disposed of in a sanitary manner. (b) All refuse bins shall be provided with tight-fitting lids. (c) Where stored outside the building, a suitable plinth shall be provided to ensure that refuse bins are above ground level. (d) The refuse area shall be kept clean and tidy and free of insects and rodents. Uniforms 52. All hotel staff shall wear clean and neat uniforms. 53. Facilities for the pressing and drying of clothes by guests shall be available unless valet services are provided. Water 54. A supply of treated water shall be available at all times. Water for drinking shall be chilled. Reception of Guests 55. Every hotel shall have a reception area. 56. A competent person shall be available to receive guests during the hours specified in the Second Schedule in respect of the class of hotel concerned. 57. Means shall be available at or near the main entrance for summoning the receptionist. 58. A porter or other member of the staff shall be available to assist guests with the carrying of luggage during the hours specified in the Second Schedule in respect of the class of hotel concerned. Tarriff and Services 59. A legible up-to-date information notice or brochure on tariff and services, including meal times, shall be provided for guests(a) (b) Bar 60. A double bowl sink of stainless steel with splash-back or other impervious material with hot and cold running water or glass-washing machines shall be provided at or near the bar, together with provision for storing glasses. Public Cloakrooms at the reception desk or elsewhere within the reception area; and in all bedrooms.
61. Separate public cloakrooms shall be provided for each sex. 62. The cloakrooms for men shall provide(a) a urinal of stainless steel or other impervious material; (b) a toilet pan with a lid, seat and toilet paper dispenser in a cubicle provided with a door which can be locked or bolted; (c) a wash-hand basin with running hot and cold water and splash-back; (d) (e) (f) (g) a mirror of at least 60 cm by 80 cm and a shelf; soap and a towel (on a rail) or other hand drying facilities; hooks for hanging garments; and adequate lighting.
63. The cloakroom for women shall provide(a) a toilet pan with a lid, seat and toilet paper dispenser in a cubicle provided with a door which can be locked or bolted; (b) a wash-hand basin with running hot and cold water and splash-back; (c) (d) (e) (f) (g) (h) soap and a towel (on a rail) or other hand drying facilities; a mirror of at least 60 cm by 80 cm and a shelf or dressing table; a chair or a stool; hooks for hanging garments; a suitable form of sanitary disposal; and adequate lighting.
64. The location of every public cloakroom shall be clearly indicated. Sanitation 65. Sewerage shall be water-borne in all sanitary facilities provided for guests or for the public. 66. Waste water shall be disposed of(a) into a public sewer; (b) into a soak-away which is not in close proximity to any water supply; or (c) in any other approved method. Staff Quarters and Amenities 67. Ablution and toilet facilities shall be provided. 68. Sewerage shall be water-borne or be disposed of by some other approved method.
69. All waste water shall be properly disposed of(a) (b) (c) into a public sewer; into a soak-away not in close proximity to any water supply; or in any other approved manner.
70. Any sleeping quarters controlled by the hotel shall be kept in a clean and hygienic condition and shall be provided with(a) windows; (b) floors of impervious material with all corners and junctions coved; (c) (d) (e) (f) (a) smooth plastered walls; approved ventilation and adequate space for each occupant; a bed for each occupant; and facilities for the storage and hanging of clothes. ablution and toilet facilities;
71. Non-resident staff shall be provided with(b) facilities for the storage and hanging of clothes and personal effects; and (c) canteen facilities, which shall be weather proof, well ventilated and furnished with chairs or benches. Sundry 72. There shall be room service from 0700 hours to 2000 hours or, in the case of graded hotels, such hours as are prescribed in these Regulations.
SECOND SCHEDULE
(Paragraph 5)
ADDITIONAL REQUIREMENTS FOR GRADED HOTELS

PART I
FIVE-STAR HOTELS
Bedrooms 1. The minimum number of bedrooms shall be 50. A maximum of 10 per cent of the bedrooms may be in the form of suites. 2. A mirror not less than 60 cm by 80 cm shall be provided. 3. There shall be effective sound-proofing. 4. There shall be piped music, a radio and, if the hotel is in a television reception area, a television set. 5. There shall be wall-to-wall carpeting or an approved alternative. 6. A telephone connected to an exchange which caters for both internal and external calls shall be provided. 7. There shall be air-conditioning and heating. 8. The treated water shall be chilled and be stored in a vacuum jug or vacuum flask. 9. All beds for adults shall be provided with head-boards. Bathrooms 10. There shall be private bathrooms which shall have a toilet, a bath, a wash-hand basin, a shower and a shaver point. Public Rooms 11. There shall be a cocktail bar in addition to another bar; there shall also be a lounge. 12. There shall be two rooms for the holding of functions; one shall have a minimum seating capacity of 250 and the other 75. 13. There shall be at least two restaurants. 14. There shall be separate doors (with touch-plates and kick-plates) for
in-going and out-going traffic to, and from, the kitchen and the doors shall be screened from the view of guests in the restaurant. 15. Public rooms shall have air-conditioning and heating. Sundry 16. There shall be 24-hour room service. 17. A person shall be available 24 hours a day to receive guests and carry their baggage. 18. There shall be valet services from 0700 to 2000 hours and a one-day laundry service. 19. There shall be(a) (b) (c) (d) (e) (f) (g) (h) (i) (j) secretarial services; shops or boutiques; tourist information services; car hire; cinema shows; concerts; theatre shows; baby-sitting facilities; at least one hairdressing salon; and 24-hour parking facilities.
20. The reception area shall have a porters' desk and a baggage room. 21. For hotels constructed after the coming into force of these Regulations, a lift shall be provided and, if there are three floors or more, at least two lifts shall be provided, one for service only. 22. There shall be at least two telephone booths. 23. There shall be a telex service. 24. There shall be a swimming pool with(a) (b) (c) a lifeguard; change rooms, at least one for each sex; and toilets, at least one for each sex.
25. There shall be a guest register in which there shall be entered the full names of each adult guest, his permanent address, his national registration card number or passport number, his citizenship and his next destination.
PART II
FOUR-STAR HOTELS
Bedrooms 1. The minimum number of bedrooms shall be 50. A maximum of 10 per cent of the bedrooms may be in the form of suites. 2. A mirror not less than 60 cm by 80 cm shall be provided. 3. There shall be effective sound-proofing. 4. Piped music, a radio and, if the hotel is in a television reception area, a television set shall be provided. 5. There shall be wall-to-wall carpeting or an approved alternative. 6. A telephone connected to an exchange which caters for both internal and external calls shall be provided. 7. Where it is climatically necessary, there shall be air-conditioning and heating. 8. The treated water shall be chilled and be in vacuum jugs or vacuum flasks. 9. All beds for adults shall be provided with head-boards. Bathrooms 10. There shall be private bathrooms which shall have a toilet, a bath, a wash-hand basin, a shower and a shaver point. Public Rooms 11. There shall be a cocktail bar in addition to another bar; there shall also be a lounge. 12. There shall be at least two rooms for the holding of functions. 13. There shall be at least two restaurants. 14. There shall be separate doors (with touch-plates and kick-plates) for in-going and out-going traffic to, and from, the kitchen and the doors shall be screened from the view of guests in the restaurants. 15. Public rooms shall have air-conditioning where it is climatically necessary. Sundry 16. There shall be room service from 0600 to 0200 hours. 17. A person shall be available 24 hours a day to receive guests and carry their baggage.
18. There shall be valet services from 0700 hours to 1900 hours and a one-day laundry service. 19. There shall be(a) (b) (c) (d) (e) (f) (g) (h) (i) (j) secretarial services; shops or boutiques; tourist information services; car-hire; cinema shows; concerts; theatre shows; baby-sitting facilities; at least one hairdressing salon; and adequate parking facilities.
20. The reception area shall have a porters' desk and a baggage room. 21. For hotels constructed after the coming into force of these Regulations, a lift shall be provided and, if there are three floors or more, at least two lifts shall be provided, one for service only. 22. There shall be at least two telephone booths. 23. There shall be a swimming pool with(a) (b) (c) a lifeguard; change rooms, at least one for each sex; and toilets, at least one for each sex.
24. There shall be a guest register in which there shall be entered the full names of each adult guest, his permanent address, his national registration card number or passport number, his citizenship and his next destination.
PART III
THREE-STAR HOTELS
Bedrooms 1. The minimum number of bedrooms shall be 20. 2. A mirror not less than 60 cm by 80 cm shall be provided. 3. A telephone connected to an exchange which caters for both internal
and external calls shall be provided. 4. Where it is climatically necessary, there shall be a heater and a fan. 5. The treated water shall be chilled and be in vacuum jugs or vacuum flasks. 6. All beds for adults shall be provided with head-boards. Bathrooms 7. There shall be private bathrooms in at least 75 per cent of the bedrooms. The private bathrooms shall have a toilet, a bath or shower (but not less than 50 per cent of the bedrooms shall have a bath) a wash-hand basin and a shaver point. Public Rooms 8. There shall be a cocktail bar in addition to another bar; there shall also be a lounge. 9. There shall be at least two restaurants. 10. There shall be separate doors (with touch-plates and kick-plates) for in-going and out-going traffic to, and from, the kitchen and the doors shall be screened from the view of guests in the restaurants. 11. Public rooms shall have heating or fans where it is climatically necessary. Sundry 12. There shall be room service from 0600 to 2400 hours. 13. A person shall be available from 0600 to 2400 hours to receive guests and carry their baggage. At other hours a person shall be made available on request. 14. There shall be valet services from 0700 to 1600 hours and a laundry service. 15. There shall be(a) (b) (c) (d) (e) (f) (g) (h) a shop or boutique; tourist information services; car hire; cinema shows; concerts; theatre shows; baby-sitting facilities; and parking.
16. The reception area shall have a porters desk and a baggage room.
17. At least one lift shall be provided if there are three floors or more. 18. A telephone shall be provided for the hotel.
PART IV
TWO-STAR HOTELS
Bedrooms 1. The minimum number of bedrooms shall be 15. 2. There shall be a power point. Bathrooms 3. There shall be private bathrooms in at least 50 per cent of the bedrooms. The private bathrooms shall have a toilet, a bath or shower (but not less than 50 per cent of the bedrooms shall have a bath) and a wash-hand basin. Public Rooms 4. There shall be at least one restaurant. 5. There shall be separate doors (with touch-plates and kick-plates) for in-going and out-going traffic to, and from, the kitchen and the doors shall be screened from the view of the guests in the restaurant. 6. Public rooms shall have heating and fans where it is climatically necessary. Sundry 7. There shall be room service from 0600 to 2230 hours. 8. Heating or a fan shall be available on request. 9. A person shall be available from 0700 to 2030 hours to receive guests and carry their baggage. At other hours a person shall be made available on request. 10. There shall be valet services from 0700 to 1600 hours and a laundry service. 11. There shall be(a) (b) (c) a shop or boutique; tourist information services; and parking.
12. For the purposes of communication, there shall be at least electric bells.
PART V
ONE-STAR HOTELS
Bedrooms 1. The minimum number of bedrooms shall be 10. Bathrooms 2. There shall be private bathrooms in at least 20 per cent of the bedrooms. The private bathrooms shall have a toilet, a bath or shower, and a wash-hand basin. Public Rooms 3. There shall be at least one restaurant. Sundry 4. There shall be room service from 0600 to 2100 hours. 5. Heating and fans shall be made available on request. 6. A person shall be available from 0700 to 2030 hours to receive guests. At other hours a person shall be made available on request: Provided that porterage need only be available on request. 7. There shall be valet or laundry services. 8. There shall be(a) (b) a shop stocking toiletry; and tourist information services.
9. For the purpose of communication, there shall be at least electric bells. SECTION 27-THE HOTELS (GUEST REGISTER) REGULATIONS Regulations by the Minister 1. These Regulations may be cited as the Hotels (Guest Register) Regulations. 2. Guest registers printed or obtained from a source other than the Title
Guest Registers
Hotels Board, by hoteliers shall(a) be accountable documents of the Hotels Board; and (b) be handed over to the Hotels Board by the hoteliers when completed. SECTION 27-THE HOTELS (LICENCE FEES) REGULATIONS Regulations by the Minister
to be documents of Hotels Board
Statutory Instrument 132 of 1992 71 of 1994 117 of 1996
1. (1) These Regulations may be cited as the Hotels (Licence Fees) Regulations. 2. The fees to be paid for a licence issued by the Board under the Act shall be as set on in the schedule hereto.
Title
Licence fees
SCHEDULE
TABLE 1-HOTEL LICENCE FEES

1. 2. 3. 4. 5. 6. Five Star Hotel Four Star Hotel Three Star Hotel Two Star Hotel One Star Hotel Ungraded Hotel Fee units 4444 3889 3333 2778 2222 1389
TABLE 2-LODGE AND CAMP LICENCE FEES

1. 2. 3. 4. 5. Grade A Grade B Grade C Grade D Grade E Fee units 2222 1667 1389 1111 833
TABLE 3-BOARDING AND GUEST HOUSE LICENCE FEES

1. 2. Grade A Grade B Fee units 556 389
TABLE 4-MANAGER'S LICENCE FEES

1. 2. 3. 4. 5. Five Star Hotel Four Star Hotel Three Star Hotel Two Star Hotel One Star Hotel Fee units 389 389 389 389 389
6. 7. 8. 9. 10. 11. 12. 13.
Ungraded Hotel Grade A Lodge/Camp Grade B Lodge/Camp Grade C Lodge/Camp Grade D Lodge/Camp Grade E Lodge/Camp Grade A Boarding House Grade B Boarding House
389 333 333 333 333 333 165 167
(As amended by S.I. No. 117 of 1996)
CHAPTER 154 THE ZAMBIA NATIONAL BROADCASTING CORPORATION ACT

PART II ZAMBIA NATIONAL CORPORATION 3. 4. 4A. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. Establishment of Corporation Constitution of Board of Directors Appointments committee Tenure of office and vacancy Director to declare connection Functions of Corporation Powers of Corporation Committees of Board Proceedings of Board Transaction of business of an urgent nature Validity of Board's decisions Contracts and instruments Seal of Board Disclosure of interest Immunity of members Appointment of Director-General and other staff BROADCASTING
PART III FINANCIAL PROVISIONS 18. 19. Establishment and operation of general fund Establishment and operation of general reserve account
20. Charges to revenue account of Corporation and investment of monies in sinking funds 21. Section 22. 23. 24. Accounts Appointment of auditors Annual report Funds of Corporation
PART IV TELEVISION LICENCES AND INSPECTORS 25. 26. 27. 28. 29. 30. Television Licence Inspectors Power of Inspectors Obstruction of Inspectors Restriction on use of name of Corporation Regulatory powers of Ministers
SCHEDULE
CHAPTER 154
ZAMBIA NATIONAL BROADCASTING CORPORATION
Act No. 16 of 1987 13 of 1994 20 of 2002
An Act to provide for the establishment of the Zambia National Broadcasting Corporation; to define the functions and powers of the corporation; to provide generally for the control and regulation of broadcasting and diffusion services; and to provide for matters
connected with or incidential to the foregoing. [24th April, 1987]
PART I PRELIMINARY 1. (1) This Act may be cited as the Zambia National Broadcasting Corporation Act. (2) This Act shall come into operation on such date as the Minister may, by statutory instrument, appoint. 2. In this Act, unless the context otherwise requires"appointments committee" means an appointments committee appointed under section four A; "Board" means the Board of Directors of the Corporation established by section four; "broadcaster" means the Corporation; "broadcasting service" means a radiocommunication service for reception by members of the general public and the word "broadcast" shall be construed accordingly; "Corporation" means the Zambia National Broadcasting Corporation established by section three; "dealer" means(a) a person who carries on a trade, business or industry in which receivers are assembled, manufactured, imported, bought, sold, exchanged, or offered or exposed for sale or exchange; or (b) an auctioneer of television receivers; and cognate expressions shall be construed by reference, inter alia, to transactions or operations such as are carried on by persons referred to in paragraph (a); "diffusion service" means(a) the dissemination by means of wires, otherwise than within the precincts of a single private residence, of the whole or any part of a broadcasting service; or (b) the dissemination of music or speech by means of wires connecting two or more loudspeakers whichInterpretation Short title
(i) are installed in a specific building or within the precincts of a specified building; or (ii) are permanently fixed, otherwise than within a single specified building, in a motor vehicle, aircraft, ship or railway train, for purposes not ancillary or incidental to or connected with any exhibition, performance, including a performance by a circus, contest, game or sport, such asA. the running of any horse race; or B. the holding of any concert or the production of any play, opera, ballet, pageant or the like; or C. the showing of cinematograph film; or D. the holding of any agricultural, horticultural, industrial or commercial show or any dance, cabaret, garden party, fete, fair, gymkhana or the like; and "diffuse" shall be construed accordingly; "director" means a member of the Board and includes the Chairperson and the Vice-Chairperson; "inspector" means an inspector of the Corporation appointed under section twenty-six; "listener" means a person who has in his possession a receiver otherwise than as(a) a broadcaster; or (b) a dealer; or (c) an operator of a diffusion service; or (d) a police officer or a member of the Defence Force acting in the course of his duty; "Telecommunications Corporation" means the Telecommunications Cap. 469 Corporation established by section four of the Telecommunications Act; "radiocommunication service" means the transmission of writing, signs, signals, pictures and sounds of all descriptions whatsoever, wholly or
partly by means of electromagnetic waves of frequences between ten kilohertz and three million megahertz; "receiver" means an apparatus in respect of which no licence is required Cap. 169 in terms of the Radiocommunications Act, which is designed to be used for the reception of a broadcasting service; "specified building" means a building used for industrial purposes or such other purposes as the Minister may, by statutory notice, specify. (As Amended by Act No. 20 of 2002)
PART II ZAMBIA NATIONAL CORPORATION BROADCASTING
Establishment of 3. There is hereby established the Zambia National Broadcasting Corporation, which shall be a body corporate with perpetual succession Corporation and a common seal, capable of sueing and of being sued in its corporate name and with power, subject to the provisions of this Act, to do all such acts and things as a body corporate may by law do or perform and as are necessary for, or incidental to, the carrying out of its functions and powers as set out in this Act.
4. (1) There is hereby constituted the Zambia National Broadcasting Corporation Board which sall, subject to the provisions of this Act, perform the functions of the Corporation under this Act. (2) The Board shall consist of nine part-time directors appointed by the Minister on the recommendation of the appointments committee, subject to ratification by the National Assembly. (3) A person shall not be qualified to be appointed to the Board unless the person is committed to fairness, freedom of expression, openness, and accountability and when viewed collectively the person appointed shall be represntative of a broad section of the population of the Republic. (4) The Chairperson and Vice-Chairperson shall be elected by the directors from amongest themselves. (5) A person shall not be appointed as a director if that person-
Constitution of Board of Directors
(a) is not a citizen of Zambia; (b) is not permanently resident in Zambia; (c) is a member of Parliament or local authority; (d) is an office bearer or employee of any political party; (e) is an immediate family member of a person referred to in paragraph (d); (f) is an undischarged bankrupt; (g) has been convicted of an offence involving fraud or dishonesty; or (h) has been convicted of an offence under any other written law and sentenced to a term of imprisonment of not less than six months, without the option of a fine. (6) The directors shall be paid such allowances as the Board may, with the approval of the Minister, determine. (7) Except as otherweise provided in this Act, the Board shall not be subject to the direction of any other person or authority. (As amended by Act No. 20 of 2002) 4A. (1) The Minister shall, for the purposes of section four constitute an Appointments ad hoc appointments committee consisting of the following:
committee
(a) one member nominated by the Law Association of Zambia; (b) one member nominated by a non-governmental organisation active in human rights; (c) one member nominated by religious organisations; and (d) one member nominated by the Ministry responsible for information and broadcasting. (2) The Chairperson of an appointments committee shall be appointed by the members from amongest their number. (3) The members of an appointments committee shall be appointed on such terms and conditions as the Minister may determine.
(4) The functions of an appointments committee shall be(a) to invite applications from persons with such qualifications as may be specified for appointment to the Board; (b) to interview the applicants and nominees referred to in paragraph (a); and (c) following the interview referred to in paragraph (b), to select the candidates for appointment to the Board and to submit a recommendation to the Minister. (5) An appointments committee shall determine its own procedure. (6) There shall be paid to the members of an appointments committee such allowances as the Minister may determine. (7) The Corporation shall pay the expenses incurred by an appointments committee in the performance of its functions under this Act. (As amended by Act No. 20 of 2002) 5. (1) Subject to the other provisions of this Act, a director shall hold Tenure of office office for a period of three years from the date of appointment and may and vacancy be re-appointed for one further term of three years. (2) On the expiration of the period for which a director is appointed, the Director shall continue to hold office until the directors successor is appointed but in no case shall such further period exceed three months. (3) The office of a director shall become vacant(a) upon resignation; (b) upon the death of the director; (c) if that director without good cause or approval of the Chairperson is absent is absent from three consecutive meetings of the Board of which that director had notice; (d) if that director is adjudged bankrupt; (e) if director is declared to be of unsound mind; and (f) if the director is convicted of an offence for a period exceeding six months without the option of a fine or convicted of any offence involving dishonesty. (4) A director may resign from office by giving one month's notice in
writing to the Minister. (5) Whenever the office of a director of a director becomes vacant before the expiry of the term of office the Minister may, on the recommendation of appointments committee and subject to ratification by the National Assembly, appoint another director in place of the director who vacates office but such director shall hold office only for the unexpired term. (As repealed and replaced by Act No. 20 of 2002) 6. Within seven days of the date of his appointment as Chairperson or Director to declare director as the case may be, the Chairperson or director shall submit to connection the Minister a statement in writing of any directorship, office, post, shareholding or financial interest, direct or indirect, held or acquired by him or his spouse in a company or firm which carries on a radiocommunication service or operates a diffusion service or deals in receivers or manufactures, assembles, imports or sells apparatus or equipment for use in radiocommunication or diffusion services. 7. (1) The functions of the Corporation shall be to(a) provide varied and balanced programming for all sections of the populations; (b) serve the public interest; (c) meet high professional quality standards; (d) offer programmes that provide information, entertainment and education; (e) contribute to the development of free and informed opinions and as such, constitute an important element of the democratic process; (f) reflect, as comprehensively as possible, the range of opinions and political, philosophical, religious, scientific, and artistic trends; (g) reflect and promote Zambia's national culture, diversity and unity; (h) reflect human dignity and human rights and freedoms and contribute to the tolerance of different opinions and beliefs; (i) further international understanding and the public's sense of peace and social justice; (j) defend democratic freedoms; (k) enhance the protection of the environment; (l) contribute to the realisation of equal treatment between men and women;
Functions of Corporation
(m) broadcast news and current affairs programmes which shall be comprehensive, unbiased and independent and commentary which shall be clearly distinguished from news; (n) promote productions of Zambian origin; and (o) carry on or operate such other services including diffusion services and undertakings as in the opinion of the Board, are conductive to the exercise of its functions under this Act. (As repealed and replaced by Act No. 20 of 2002) 8. The Corporation shall have power, subject to the provisions of this Powers of Act, to do all or any of the matters and things specified in the Schedule. Corporation 9. (1) The Board may, for the purpose of performing the Corporation's Committees of functions under this Act, establish committees and may delegate to any Board such committee such of its functions as it thinks fit. (2) The Board may appoint as members of a committee established under subsection (1) persons who are or are not members of the Board and such persons shall serve for such period as the Board may determine. (3) Subject to any specific or general directions of the Board any committee established under subsection (1) may regulate its own procedure. 10. (1) Subject to the provisions of this section, the Board may regulate Proceedings of Board its own procedure. (2) The Board shall hold its first meeting on such date and at such place and time as the Minister may determine; and thereafter the Board shall meet for the transaction of business at such places and at such times as the Board may determine. (3) The Chairperson of the Board may at any time and shall, at the request of three directors, convene a special meeting of the Board. (4) A notice convening a special meeting of the Board shall state the purposes for which the meeting is to be convened. (5) Where the Chairperson of the Board is prevented by illness, absence from Zambia or other cause from exercising his functions on the Board, the Vice-Chairperson shall exercise the powers and fulfil the duties and functions of the Chairperson.
(6) Where the Chairperson and the Vice-Chairperson are absent from any meeting of the Board there shall preside at that meeting such director as the directors present may elect for the purpose of that meeting. (7) The quorum at a meeting of the Board shall be five directors. (8) All acts, matters or things authorised or required to be done by the Board may be decided by resolution of a meeting at which a quorum is present. (9) The Board shall cause minutes to be kept of the proceedings of every meeting of the Board and of every meeting of any committee established by the Board. (As amended by Act No. 20 of 2002) 11. If it is not practicable to hold a meeting of the Board for the transaction of business of an urgent nature, the Chairperson shall, after consulting the Minister and such other directors as is practicable in the circumstances, deal with the business himself and not later than seven days thereafter consult the Board for ratification.
Transaction of business of an urgent nature
12. No decision or act of the Board or act done under the authority of Validity of Board's decisions the Board shall be invalid by reason only of the fact that there is a vacancy in the membership of the Board or that a disqualified person acted as a director, at the time the decision was taken or the act was done or authorised. 13. Any agreement, contract or instrument may be entered into or executed on behalf of the Corporation by any person or persons generally or specially authorised by the Board for that purpose.
Contracts and instruments
14. (1) The seal of the Board shall be such device as may be determined Seal of Board by the Board and shall be kept by the Director-General. (2) The Board may use a wafer or rubber stamp in lieu of the seal. (3) The affixing of the seal shall be authenticated by the Chairperson or the Vice-Chairperson and the Director-General or one other person authorised in that behalf by a resolution of the Board.
(4) Any contract or instrument which, if entered into or executed by a person not being a body corporate, would not be required to be under seal, may be entered into or executed without seal on behalf of the Board by the Director-General or any other person generally or specifically authorised by the Board in that behalf. (5) Any document purporting to be a document under the seal of the Board or issued on behalf of the Board shall be received in evidence and shall be deemed so executed or issued, as the case may be, without further proof, unless the contrary is proved. 15. (1) If any person is present at a meeting of the Board at which any Disclosure of interest matter in which such person or his spouse is directly or indirectly interested in a private capacity is the subject of consideration he shall, as soon as practicable after the commencement of the meeting, disclose such interest and shall not, unless the Board otherwise directs, take part in any consideration or discussion of, or vote on, any question touching such matter. (2) A disclosure of interest made under this section shall be recorded in the minutes of the meeting at which it is made. (3) A person who fails to disclose interest in terms of subsection (1) and participates in the consideration or discussion of a matter in which the person or that person's spouse has interest commits an offence and shall be liable, upon conviction, to a fine not exceeding thirty thousand penalty units or to imprisonment for a term not exceeding two years, or to both. (As amended by Act No. 20 of 2002) 16. No action or other proceedings shall lie or be instituted against any Immunity of Board member for or in respect of any act or thing done or omitted to be members done in good faith in the exercise or purported exercise of his functions under this Act. 17. (1) For the better exercise of the functions of the Corporation contained in section seven, the Board shall(a) subject to the provisions of paragraph (b), and on such terms and conditions as it may determine, appoint a Director-General of the Corporation who, subject to the control of the Board, shall be responsible for the management of the business of the Corporation; and
Appointment of Director-General and other staff
(b) not appoint or terminate the services of the Director General without prior consultation with the Minister. (2) The Board may appoint, on such terms and conditions as it may determine, such other staff as it considers necessary for the performance of its functions under this Act. (As amended by Act No. 20 of 2002)
PART III FINANCIAL PROVISIONS 18. The Corporation shall establish a general fundEstablishment and operation of general fund
(a) into which all monies received by the Corporation shall be paid in the first instance; and (b) out of which all payments made by the Corporation shall be paid.
19. (1) The Corporation may establish a general reserve account to which may be appropriated from any surplus of revenue over expenditure such sums as the Board may approve.
Establishment and operation of general reserve account
(2) Sums appropriated to the general reserve account in terms of subsection (1) may, with the approval of the Minister, be used for such purposes as the Corporation may consider expedient for the proper exercise of its functions and the development of its services and undertakings. 20. (1) The Corporation shall charge to its revenue account all charges which in the normal conduct of a business are regarded as proper to be made to a revenue account and in so doing shall make adequate annual provision, whether by sinking fund or other proper means, forCharges to revenue account of Corporation and investment of monies in sinking funds
(a) interest and all other charges and expenses incurred in connection with loans; (b) the depreciation or diminution in value of assets; and
(c) the redemption of loans at due times to the extent that the annual provision exceeds the amount to be provided under paragraph (b). (2) Money in sinking funds established in terms of subsection (1) shall be vested in such manner as the Board acting in consultation with the Minister may think fit. 21. The funds of the Corporation shall consist of such moneys as may- Funds of (a) be payable to the Corporation in terms of this Act;
Corporation
(b) be appropriated by Parliament for the purposes of the Corporation; (c) (d) be paid to the Corporation by way of grants or donations; and vest in or accrue to the Corporation.
22. The Corporation shall cause to be kept proper books of account and Accounts other records relating to its accounts. 23. (1) For the purpose of auditing its accounts, the Board shall appoint Appointment of auditors Auditors from amongst persons who, or organisations which, are registered as public accountants to examine the accounts of the Corporation not less than once in each financial year. (2) The Corporation shall produce and lay before the auditors all books and accounts of the Corporation, with all vouchers in support thereof and all books, papers and writings in its possession or control relating thereto. (3) The auditors shall be entitled to require from all directors and all employees of the Corporation such information and explanations as may be necessary for the performance of their duties as auditors. (4) All expenses in connection with or incidental to an audit shall be borne and paid by the Corporation. 24. (1) As soon as practicable, but not later than six months after such
Annual report
financial year, the Corporation shall submit to the Minister a report concerning its activities during such financial year. (2) The report referred to in subsection (1) shall include information on the financial affairs of the Corporation and there shall be appended thereto(a) (b) (c) a balance sheet; an audited statement of revenue and expenditure; and such other information as the Minister may require.
(3) The Minister shall, not later than seven days after the first sitting of the National Assembly next after the receipt of the report referred to in subsection (1), lay it before the National Assembly.
PART IV TELEVISION LICENCES AND INSEPECTORS 25. (1) Notwithstanding the provisions of the Radio Communications Act and subject to the provisions of this Act, a person shall not have in person's possession a televiosn receiver otherwise than in accordance with the terms and conditions of a licence issued by the corporation under this Act: Provided that in a private household where there is more than one television receiver, a licence fee shall be paid in respect of only one television receiver. (2) For Purposes of subsection (1) a proprietor of a hotel, inn, motel, lodge, guesthouse, resthouse, club, holiday resort or such other commercial enterprise as the Minister may, by statutory instrument, determine shall pay a licence fee in respect of each television receiver on the premises concerned. (3) The Minister may, on the recommendation of the Corporation, by statutory instrument, prescribe the fees to be paid on the issue of a licence referred to in subsection (1).
Television licence Cap. 169
(4) The provisions of subsection (1) shall not apply to person(a) who is a bona fide tourist residing outside Zambia and whose television receiver is temporarily in Zambia; or (b) whose television receiver is capable of use solely in connection with a diffusion service. (5) Any person who owns or operates a television receiver without a licence issued under this Act commits an offence and liable, on conviction, to a fine not exceeding one thousand penalty units. (6) The licence fees referred to under this section, shall be paid into the general fund of the Corporation for the use of the Corporation. (7) The Minister may exempt a person, organisation or institution from the provisions of subsection (1). (As amended by Act No. 20 of 2002) 26. (1) The Corporation shall establish an inspectorate unit and may appoint such number of inspectors as are necessary to enforce the provisions of this Act with respect to section twenty-five. (2) Every inspector appointed under this section shall be issued with a certificate of appointment which shall be prima facie eveidence of the inspector's appointment as such. (3) An inspector carrying out any function under this Act shall on demand by a person affected by the exercise of the inspector's power under this Act, produce for inspection the certificate referred to in subsection (2). (As amended by Act No. 20 of 2002) 27. (1) To ensure that the provisions of this Act are being complied with, Power of inspectors an inspector shall have power, on production of the certificate of appointment issued under section twenty-six to demand the production of, and to inspect or make copies of, a licence issued under section twenty-five. (2) An inspector or police officer may upon probable cause shown on oath to a magistrate court obtain a warrant to enter upon and search or examine the premises prescribed in the warrant in order to ascertain whether any offence under this Act is being committed on the premises.
Inspector
(3) Where an inspector or police officer is satisfied that a person does not have a valid television licence in respect of a matter for which a licence is required under this Act, the inspector or police officer may serve on that person a notice in the prescribed form. (As amended by Act No. 20 of 2002) 28. (1) A person commits an offence if that person(a) wilfully delays or obstructs an inspector in carrying out the inspector's duties under this Act; or (b) knowingly or negligently gives an inspector false or misleading information orally, in writing or otherwise. (2) Any person who commits an offence under subsection (1) shall be liable, on conviction, to a fine not exceeding one thousand five hundred penalty units. 29. No person shall, after the commencement of this Act, assume for the Restriction on use purposes of business or be registered under the Companies Act, under- of name of (a) the name "Zambia National Broadcasting Corporation" or (b) a name which includes the word "broadcast" or "broadcasting" or "diffusion" or "rediffusion" with the word "National", "Zambia", "Zambian", "State" or Corporation". (As amended by Act No. 20 of 2002) 30. (1) The Minister may, by statutory instrument, make regulations to prescribe matters which are necessary for the better carrying out of the purposes of this Act. (2) Without prejudice to the generality of subsection (1) the regulations to prescribe matters which are necessary for the better carrying out of the purposes of this Act. (a) the registration for dealers with the Corporation and the information to be supplied to the Corporation; (b) the keeping of books, records and documents, the furnishing of returns and the supply of information to the Corporation relating to the dealings in television receivers; (c) the fees to be paid under the provisions of this Act; (d) the form of notices required to be served under this Act; (e) the methods of payment and collection of fees payable under the Act;
Regulatory powers of Minister corporation Cap. 388 Obstruction of inspectors
and (f) any other matters required to be prescribed under this Act. (As Repealed and replaced by Act No. 20 of 2002)
SCHEDULE
(Section 8)
POWERS OF CORPORATION
1. To acquire, establish and construct broadcasting stations, studios, offices and other premises necessary or convenient for the purposes of the undertakings of the Corporation, and for this purpose, to buy, take on lease or in exchange hire or otherwise acquire immovable property within Zambia and interests therein and rights over the same and concessions, grants, rights, powers and privileges in respect thereof, and to act in that connection either absolutely or conditionally and either solely or jointly with others. 2. To buy, take in exchange, hire or otherwise acquire vehicles, machinery, plant, apparatus and other movable property necessary or convenient for the exercise of the functions of the Corporation, or for the purposes of the undertakings of the Corporation, and to act in that connection either absolutely or conditionally and either solely or jointly with others. 3. To maintain, alter and improve property acquired by the Corporation. 4. To apply for, buy or otherwise acquire(a) copyrights and performing rights; and(b) patents, licences, concessions or the like: conferring an exclusive or non-exclusive or limited right to use information or a process which may seem to the Board capable of being used for the purposes of the Corporation or the acquisition of which may seem to the Board calculated, directly or indirectly, to benefit the Corporation, and to use, exercise, develop and grant licences in respect of or otherwise turn to account rights, information and processes so acquired. 5. To establish orchestras, bands and choirs, engage artists and performers and organise, provide or subsidise public concerts, lectures and other performances or entertainment. 6. To cause descriptions of or commentaries on current events to be broadcast or diffused from the locality where they are taking place. 7. To broadcast or diffuse religious services and addresses.
8. To collect and collate news from any source and enter into agreements for the supply to the Corporation of news for the purpose of broadcasting or diffusing the same. 9. To obtain from or grant to a government operator of a diffusion service or other person whatsoever, whether within or outside Zambia and gratuitously or otherwise, rights or concessions in connection with the broadcasting or diffusion by the Corporation or programme broadcast or diffused by the Corporation or, as the case may be, the government, broadcaster, operator or other person. 10. To compile, print, publish and distribute, with or without charge, publications relating wholly or partly to the broadcasting or diffusion services of the Corporation or to the undertakings of the Corporation. 11. To enter, with the approval of the Minister, into agreements with persons in connection with the operation of diffusion services. 12. To carry on or operate, with the approval of the Minister, broadcasting and diffusion services in conjunction or association with other persons. 13. To broadcast or diffuse advertisements for periods which do not(a) in the aggregate amount to more than fifteen per centum of the time each day during which the service in which the advertisements are included is broadcast or diffused; and (b) in each hour during which the service in which the advertisements are included is broadcast or diffused amount to more than ten minutes; or for such longer period or, as the case may be, periods the Board, with the approval of the Minister, may, by varying one or other or both of the time limits specified in this paragraph, determine. 14. To sell, exchange, lease, mortgage, dispose of, turn to account or otherwise deal with any movable assets of the Corporation or any part thereof and, with the approval of the Minister, any immovable assets of the Corporation or any part thereof, which are not required for the purposes of the Corporation for such consideration as the Board may determine. 15. To draw, make, accept, endorse, discount, execute and issue promissory notes, bills of exchange, bills of lading and other negotiable and transferable instruments. 16. To insure against losses, damages, risks and liabilities which the Corporation may incur. 17. To make contracts and to enter into suretyships or give guarantees in connection with the exercise of the functions of the Corporation or the undertakings of the Corporation and to modify or rescind such contracts and to modify or rescind such suretyships or guarantees.
18. To invest monies of the Corporation not immediately required by the Corporation in such manner as the Board may, with the approval of the Minister, determine and to vary or realise investments so made. 19. To raise monies, temporarily or otherwise, by way of loans or by bank overdraft for such purposes as the Minister may approve. 20. To pay a person in the employment of the Corporation such remuneration and allowances as may be fixed in terms of subsection (3) of section Seventeen and to grant a person in the employment of the Corporation such periods of leave as are stipulated or in respect of which provision is made in his terms and conditions of service and, with the approval of the Minister, to make gifts, bonuses and the like to a person in the employment of the Corporation. 21. To provide pecuniary benefits for persons in the employment of the Corporation on their retirement, death or termination of service or in the event of their sickness or injury or for their dependants, and for this purpose to effect policies of insurance, establish pension or provident funds or make such other provision as may be necessary to secure for persons in the employment of the Corporation any or all of the pecuniary benefits to which the provisions of this paragraph relate. 22. To purchase, lease or otherwise acquire dwelling houses for occupation by or lease to persons in the employment of the Corporation. 23. To construct dwelling houses for occupation by or lease to persons in the employment of the Corporation on land vested in the Corporation and to purchase, lease or otherwise acquire land for that purpose. 24. To lend money to persons in the employment of the Corporation who are required to travel in the course of their duties, for the purpose of purchasing vehicles. 25. To enter with the approval of the Minister, into agreements with persons, associations and companies in connection with the collection of licence fees. 26. To produce, manufacture, purchase or otherwise acquire gramophone and other mechanical records, tapes, materials and apparatus for use in connection with broadcasting services. 27. To provide facilities for training and advancing of the skills of persons in its employment. 28. To establish, install, erect, alter, reconstruct, operate, and maintain broadcasting studios, transmitters, relay stations and micro-wave facilities. 29. To introduce such number of radio and television broadcasting stations and channels as the Board may consider necessary. 30. To determine, subject to the direction of the Board, the programme
policy for the Corporation. 31. To act in combination or association with any other person or body whether incorporated or not, and whether in Zambia or elsewhere for any other purposes authorised by this Act. 32. To develop and make available radio and television broadcasting services throught Zambia by the most appropriate and efficient means and as resources become available for the purpose. 33. Subject to the directions of the Board, to carry on braodcasting services for such purposes as the Board may specify for reception by listenersn outside Zambia. 34. To implement the editorial policies of the Corporation and maintain editorial independence. 35. Generally to do all such things as are incidental or conducive to the exercise of the functions of the Corporation or are incidental to the powers specified in this Schedule or which are calculated, directly to enhance the value of or render profitable or develop the services, undertakings, property or rights of the Corporation. (As amended by Act No. 20 of 2002)
SECTION 25-THE ZAMBIA NATIONAL BROADCASTING (LICENSING) REGULATIONS Regulations by the Minister
Statutory Instrument 178 of 1993 Act No. 13 of 1994
1. These Regulations may be cited as the Zambia National Broadcasting (Licensing) Regulations. 2. In these Regulations, unless the context otherwise requires"Band III" means a very high frequency (VHF) television band from 174 MHZ to 238 MHZ; "Band IV" means (UHF-Ultra High Frequency) sixteen channels are available from 470 to 582 MHZ; "Band V" means (UHF-Ultra High Frequency) forty channels are available from 582 to 862 MHZ; "Commercial television station" means any UHF or VHF station, other than those classified by the Minister as non-commercial or educational and other than the stations frequency and amplitude for the purpose of providing FM reception to the general public; "FM/TV booster stations" means FM broadcasting booster stations that operate to retransmit the signals of FM radio broadcasting signals of FM radio broadcasting stations by amplifying and reradiating such signals without significantly altering any characteristics of incoming signals other than its amplitude; "international broadcasting station" means transmissions by international broadcasting stations which are licensed by non-governmental entities and are intended to be received by the general public in foreign countries; "low power television station" means a television station that transmits programmes and signals of a TV broadcasting station and originates programmes or operates as a subscription service;
Title
Interpretation
"TV translators" means a station operated to transmit programmes and signals of a television broadcasting station without significantly altering any characteristics of the original signal other than its frequency and amplitude for television reception to the general public; "satellite broadcasting" means a greater number of channels are available than on any other band at 11.7 to 12.5 GHZ; "auxiliary service" means radio frequencies operated in conjunction with AM, FM or TV stations and includes remote pick up stations, TV auxiliary broadcasting stations and low power auxiliary stations; "cable television relay service" means the station is used for the transmission of television and related audio signals, signals of standard and FM broadcasting stations, signals of instructional television, fixed stations and cable casting from the point of reception to a terminal point from which the signals are distributed to the public by cable system; "commercial AM/FM station" means an AM or FM station other than those stations which qualify as non-commercial or educational stations; "commercial television station" means a VHF or UHF television station other than those classified by the Minister as non-commercial or educational stations; "FM translators" means an FM translator station which retransmits the signals of an FM radio broadcasting station or another broadcasting translator station which significantly does not alter any characteristics of incoming signals. 3. (1) No person shall operate a radio or television broadcasting station Application without a licence issued by the Minister. (2) The Minister may issue a radio or television broadcasting licence to(a) (b) an individual; a body corporate;
(c) an association, by whatever name called, established on a permanent basis. (3) The fees for independent television stations shall be as set out in the First Schedule. (4) An applicant shall fill in a Fee Processing Form set out in the Second Schedule. 4. (1) An applicant for a licence shallConditions for licence Cap. 169
(a)
comply with the provisions of the Radio Communications Act;
(b) fully describe the proposed technical facilities which he wishes to establish; (c) demonstrate his financial ability to construct the station and operate it for a period of at least one year; and (d) indicate the type of programmes he wishes to show or air, and, if the station is not an international broadcasting station, it shall also indicate the economic, social and cultural events in Zambia. (2) The Minister shall issue a licence in the form set out in the Third Schedule on completion of the construction of the broadcasting station. (3) The licence shall be valid for a period of seven years or such shorter period as the Minister may determine in any particular case or class of cases. 5. The Minister shall declare in the Gazette and the national mediaDeclaration
(a) any broadcasting and frequency available within a period of twelve months, for use in a particular area; and (b) the type of station proposed and the assigned power levels. Filing
6. (1) An application for a construction permit to build a broadcasting
facility shall be in the form set out in the Fourth Schedule. (2) The Broadcasting and Construction Permit licence shall be in the form set out in the Fifth Schedule. (3) The Minister may allow extension of time where circumstances beyond the control of the contractor prevent the completion of construction in the time specified in the permit. (4) A confirmation of a broadcasting licence shall be in the form set out in the Sixth Schedule. (5) The Minister may make changes or modifications to the confirmation licence to comply with international treaties and agreements. (6) The licence or the right to use the frequency is not transferable. (7) The application shall be issued within a period of two months. (8) The construction period shall not exceed one and a half years. (9) The Minister shall, at regular intervals, publish in the Gazette and the national media, a list of applications accepted. (10) Where an application is rejected a fresh application may be filed within thirty days from the date of refusal and the licence may be issued unless the Minister has not granted the licence to a competing applicant. 7. (1) There shall be the following radio station licences:
applications
Types of stations
(a) (b)
commercial television stations; commercial AM/FM stations;
(c) (d) (e) (f) (g) (h) (i)
FM translators; television translators; low power television; FM and television booster stations; auxiliary services; international broadcasting stations; and cable television services.
(2) No person without a permit or licence of a primary frequency modulation broadcasting station shall apply for a frequency modulation broadcasting booster authorisation. (3) No person shall, without a permit or licence for a full service television broadcasting station, retransmit programmes and signals of its primary station to areas of low signal strength in any region within the primary television station's Grade B contour. (4) An international broadcasting station shall operate at an internationally predetermined frequency. 8. (1) The following radio transmission shall be available to media not Transmissions controlled by the Government: (a) (b) (c) Long Wave (LW); Medium Wave (MW); and Frequency Modulation (FM).
(2) The following television transmissions shall be available for Government controlled media:
(a) (b) (c) (d)
Band III; Band IV; Band V; and satellite broadcasting.
(3) The following radio transmissions shall be available for Government controlled media: (a) (b) Short Wave (SW) for radio broadcasting; and Band III for television broadcasting. Notice in local media
9. (1) A person who applies for a broadcasting station licence shall:
(a) give notice in a local newspaper or national media if no local newspaper is available; (b) publish the notice at least twice a week in two consecutive weeks. (2) The notice shall contain the following information: (a) the name of the applicant;
(b) the names of the officers and directors holding more than 10 per cent or more of the shares of the company; (c) (d) (e) the purpose for which the application is filed; the date filed; the call and letters of the frequency or channel;
(f) the facilities sought, including the type and class of station power location of studios, transmitters and antenna height; (g) a statement that a copy of the application and related materials is filed for public inspection at a stated address in the community in which the station is proposed to be located; (h) a statement that members of the public wishing to bring information to the attention of the Minister regarding the legal, financial, technical or programming qualifications of the applicant shall do so not later than the last day of publishing the announcement. 10. (a) The following limits of common media ownership shall apply: ownership limits of AM, FM and television station; and
(b) regional or local ownership limits or AM, FM and television stations.
FIRST SCHEDULE
(Regulation 3 (3))
FEES FOR INDEPENDENT TELEVISION STATIONS Type of Fee 1. Application for licence 2. Assignment of station licence Fee units 1,000 Type of Service Acquisition of forms and processing fee Primary broadcasting/ cable television services (Subscription television) Secondary broadcasting casting activities such as TV translators and LPTV station translators and LPTV stations TV booster stations, TV auxiliary broadcasting station, etc.
40,000 primary licence charge 10% of primary licence charge (4,000)
3.
Any other subsequent construction, station modification or service expansion
4.
Annual subscription fee Station licence renewal Application for extension of time to construct station or replace construction permit Application for amateur or temporary station licence
5.
6.
25% of primary licence charge (10,000) 50% of primary licence charge (20,000) 1% of primary licence charge (400) 1% of primary licence charge (400) FEES FOR INDEPENDENT FM RADIO STATION
7.
Type of Fee 1. Application for licence 2. Assignment of station licence Any other subsequent construction, modification or service expansion Annual subscription fee Station licence renewal
Fee units 1,000 20,000 (primary licence charge) 10% of primary licence charge (2,000)
Type of Service Acquisition of forms and processing fee Primary broadcasting
3.
Secondary broadcasting activities such as FM translator station, FM Booster stations, FM auxiliary services etc.
4.
5.
25% of primary licence charge (5,000) 50% of primary licence charge (10,000) 1% of primary licence charge (200) 1% of primary licence charge
6.
7.
Application for extension of time to construct station or replace construction permit Application for amateur or temporary station (200)
FEES FOR INDEPENDENT FM RADIO STATION Type of Fee 1. Application for licence Fee units 1,000 Type of Service Acquisition of forms and processing fee Primary broadcasting Secondary broadcasting casting activities such as radio auxiliary service
2.
Assignment of station licence Any other subsequent construction, modification or service expansion Annual subscription fee Station licence renewal Application for extension of time to construct station or replace construction permit Application for amateur or temporary station (200)
3.
30,000 (primary licence charge) 10% of primary licence charge (3,000)
4.
5.
6.
25% of primary licence charge (7,500) 50% of primary licence charge (15,000) 1% of primary licence charge (300) 1% of primary licence charge (300)
7.
SECOND SCHEDULE
(Regulation 3 (4))
FEE PROCESSING FORM

1. 2. Applicant's name Mailing address
3. 4. 5. 6. 7.
Town State/Country (If foreign Address) Broadcasting Station Call Sign Type of Fee(s)
8. 9.
Total amount due: fee units................. Total amount remitted with this Application: fee units By post Cash
10. Mode of Payment: Hand Deliver 11. Form of Payment: Cheque Telegraphic Money Order Bank Draft
12. *If sent by Cheque indicate Cheque No 13. Applicant's Signature Date ......................
THIRD SCHEDULE
(Regulation 4 (2)) MIBS/BLC 5 Ref. No .............................. Call Sign .............................. Ministry of Information and Broadcasting Services
REPORT OF COMPLETED STATION CONSTRUCTION
SECTION I-GENERAL INFORMATION 1. Applicant's Name Applicant's mailing address Telephone No
SECTION II-TECHNICAL DATA 2. (a) Completion date of construction................ Location of transmitting station (co-ordinates) "N.
2.1 Description of facilities as authorised by the construction permit: (b) Antenna co-ordinates Latitude "W. Longitude Horizontal Vertical (c) Effective radiated power ..................... kW ........ ..................... kW ........ ..................... m ........ m ............... Antenna height above m (d) Beam tilt effective radiated power (if applicable) (e) (f) level (g) Radiation centre above ground Radiation centre above mean sea
average terrain (h) Overall tower above ground (including antenna, all other appertunances, lighting, if any) 2.2 Description of facilities as constructed: (a) Antenna co-ordinates Latitude Longitude
..................... m ........
..................... metres ' ' "N. "W.
Horizontal Vertical (b) Effective radiated power ................... kW ........ ................... kW ........ m.............. m.............. m.............. m m m (c) Beam tilt effective radiated power (if applicable) (d) Radiation centre above ground (e) Radiation centre above ground (f) Antenna height above ground (g) Overall tower above ground (including antenna, all other appertunances and lighting, if any)
...................metres
2.3
Are there any differences the facilities describes in item 2.1 and those in item 2.27 Yes No
If YES, attach an annexture explaining in detail how these differences occurred. Annexture No.
2.4
Attach an annexture in compliance with any special operations, terms and obligations described in the construction permit Annexture No.
Does not Apply
2.5
Antenna description
Make
Mod
No. of Section
Power Gain
If
the
antenna
utilises
tilt,
null
fill,
reduced
spacing
(less
than
one
wavelength)
between bays or the antenna is directional or specialised, an Annexture must be attached. Also attach radiating pattern. Annexture No.
2.6
Transmission system description (a) Transmission line: Make
Model No.
Length in m
(b) Perfect efficiency of entire transmission line system ....................................................................................... % If any losses are included in 2.6 (b) other than the loss of transmission line listed in 2.6 (a), attach an Annexture detailing these addition losses. Annexture No. 2.7 2.8 Transmitter power output (in kilowatts) .............................................................................................. ........... kW Operating constants: (a) D.C. plate current in last radio stage (amperes) .......................................................................................... A (b) Applied D.C. voltage in last radio stage (volts) ............................................................................................ V (c) Efficiency of transmitter at operating power (percent) .............................................................................. % (d) RF transmission line meter reading (percent) ............................................................................................. % CERTIFICATION I certify that the foregoing statement of technical information is true to the best of my knowledge and belief. Name ................................................................................. Signature ................................................................................. Address ....................................................................................................................................... Date ............................... Technical Director Other
Chief Engineer (Operator)
(Specify)
...............................................
FOURTH SCHEDULE
(Regulation 6 (1)) MIBS/BLC 3 Ministry of Information and Broadcasting Services
APPLICATION FOR CONSTRUCTION PERMIT FOR RADIO AND TV BROADCASTING STATIONS IN ZAMBIA
SECTIONS I - GENERAL INFORMATION 1. Name/s of
applicant/s ................................................................................................................................................. 1.2 Mailing address of
applicant ....................................................................................................................................... 1.3 Telephone No ......................................... Telex ...................................
Facsimile ...................................................... 1.4 Is fee submitted with this form? Yes No
If yes, state amount enclosed K....................................................................................and enclose copy of receipt. 1.5 This application is for (check appropriate boxes) Amateur AM TV
Commercial
Public
Other (Specify)...............................................................................................................................................................
SECTIONS II - LEGAL QUALIFICATIONS 2.1 Application is (check one box) Natural person Legal person (corporation)
Other
2.2 2.3
Nationality of applicant if applicant is a natural person ................................................................................................. If applicant is a corporation, identify the date and place where applicant is registered.
Date .............................. Place .................................................................................................................................... Attach to this application as Exhibit No. 1 a verified copy of the applicant's registration certification. 2.4 Name, address and citizenship (nationality) of director and each officer of the corporation.
........................................................................................................................................ ........................................................................................................................................ ........................................................................................................................................ ........................................................................................................................................

2.5 Name, address and nationality of each person who owns stock/share in the corporation. Specify the number and percentage of shares owned by each person.
........................................................................................................................................ ........................................................................................................................................ ........................................................................................................................................

2.6 Total authorised shares of corporate stock .................................................................................................................. Total issued shares of corporate stock ......................................................................................................................... 2.7 Are there any documents, instruments, contracts or understanding (written or oral) not already identified in this application, relating to current or future ownership interests in the applicant or rights to profits or income from the proposed operation of the broadcasting station? Yes No
2.8
If yes, attach to this application any such documents as Annexture No. 2. All oral understandings must be reduced to writing and included as a part of Annexture No. 2. Are there any documents, instruments, contracts or understandings (written or oral), not already identified in this application, relating to programming or technical operation of the proposed stationor any other aspect of the proposed station(s) operation? Yes No
2.9
If yes, attach to this application any such document, as Annexture No. 3. All oral understandings must be reduced to writing and included as a part of Annexture No. 3. Does the applicant or any part to this application or any member of the immediate family of any party to this application have interest as an owner, director or officer in any broadcasting or other media in Zambia? Yes No
2.10
Has
an
adverse
finding
been
made
or
an
adverse
final
action
been
taken
by
any
court
or administrative body as to the applicant or any party identified in response to No. 2.5, and 2.9 above? Yes No
If the answer is yes, attach as Annexture No. 4 a full disclosure of the person(s) and matters involved, including an identification of the court or administrative body and the proceeding (by dates and file numbers), a statement of the facts upon which the proceeding is or was based or the nature of the offence alleged or committed, and a description of the current status or disposition of the matter. SECTIONS III - FINANCIAL QUALIFICATIONS
3.1
Attach as Annexture No. 5 a detailed itemisation of the total costs of constructing the proposed station and the total cost of operating the station for one year after construction is completed. Costs must include infrastructure, staff and all other expenses.
3.2
Attach as Annexture No. 6 verified financial documentation which establishes the ability of each source to provide the funds noted.
3.3
Will any funds, credits or any other financial assistance for the construction, purchase or operation of the station(s) be provided by aliens, foreign entities, or domestic entities controlled by aliens, or their agents: Yes No
If yes, attach as Annexture No. 7 a full disclosure concerning this assistance.
SECTION IV-INFRASTRUCTURE-ENGINEERING 4.1 4.2 4.3 4.4 4.5 Transmission medium (e.g. cable/terrestrial or microwave links/satellite). Frequency band (e.g. LF/MF/SW/FM/VHF/UHF). Operating frequency. Coverage Area (attach map as Annexture No. 8). (a) Site for transmitter (indicate exact geographical co-ordinates): (b) Make/type, of transmitting equipment: (c) Radiated power: 4.6 4.7 Site for studio. Will any existing transmission facilities in Zambia be used? Yes No
If yes, identify owner and describe location of facilities to be used. Also describe manner in which facilities will be used and provide proof of contract with owner of facilities as Annexture No. 9. 4.8 Antenna Characteristics: (a) Type of Antenna (b) Height and Gain (c) Other Particulars 4.9 Provide proof as Annexture No. 10 that the proposed site is available for the use intended by this application.
SECTION V-PROPOSED PROGRAMMING 5.1 Details of any previous experience in broadcasting
5.2
In what language(s) will programming be broadcasting
5.3
Proposed number of hours station will broadcasting each day (Specify times of the day)
5.4 5.5
Attach as Annexture No. 11 details of proposed programme schedule showing programming format. Estimated percentage programming time to be: (a) Produced in Zambia by applicant (b) Produced in Zambia by other organisations (c) Relayed directly from foreign sources (d) Obtained via other means from foreign sources
5.6
Percentage time allocated to: Coverage of Zambian scenes Zambian Music Other Music Zambian sport International sport Educational broadcasts produced in Zambia Other educational broadcasts Public service announcements and programmes Community messages Advertising
5.7
Source of programming Zambian news and current affairs Foreign news and current affairs Music Advertising Other
5.8 5.9
Station identification Call sign
CERTIFICATION I certify that the statements in this application are true and correct to the best of my knowledge and belief. Name of Applicant Signature of C
.......................................................
Date ..........................................................................
................................
Title ........................................
FIFTH SCHEDULE
(Regulation 6 (2)) Ministry of Information and Broadcasting Services
BROADCASTING AND CONSTRUCTION PERMIT

Subject to the provision of ...................................................... Act of 19 ................. Rules and Regulations set forth in this permit, authority is hereby granted to construct and build FM Broadcasting Station located and described as follows: Name ..................................................................................................................... Authorised assignment .................................................................................... 1. Frequency ................................................................................................... 2. Transmitter output power ........................................................................... 3. Effective radiated power ............................................................................ 4. Antenna height above ground (metres) ...................................................... 5. Hours of operation ..................................................................................... 6. Station Location ......................................................................................... 7. Studio location (if applicable) .................................................................... 8. Location of antenna and supporting structure: North Latitude 9. Transmitter location 10. Transmitter(s) Type 11. Aviation obstruction markings 12. Additional/Special conditions 13. Date of required commencement of construction 14. Date of required completion of construction Ref No ..................................................... Call sign .................................................. Date ......................................................... Ministry Information of and degree ' ' ' ' West Longitude degree
Broadcasting Services
SIXTH SCHEDULE
(Regulation 6 (4)) Ministry of Information and Broadcasting Services
CONFIRMED BROADCASTING LICENCE

Subject to the provision of ............................................... Act of 19 ............................. and Ministry Rules and Regulations, and further subject to conditions set forth in this licence, the Minister has this ................................................... day of ............................ licensed ....................................................................................................... to use and o the apparatus hereinafter described for the purpose of broadcasting for the term ending .............................................................................................................................. The licensee shall use and operate the said apparatus in accordance with the following terms: 1. Frequency 2. Transmitter output power 3. Effective radiated power 4. Antenna height above ground (metres) 5. Hours of operation 6. Station Location (Town) 7. Location of antenna and supporting structure: North Latitude 8. Transmitter location 9. Type of transmitter(s) 10. Aviation obstruction markings 11. Additional/Special conditions CERTIFICATION I certify that the statements contained in this application are true to the best of my knowledge and belief. degree ' ' ' ' West Longitude degree
Licensee fee units..............annually ................................................
Signature Date
Signed..................................................................................... Minister Date
CHAPTER 155 THE TOURISM ACT

PART II ZAMBIA NATIONAL TOURIST BOARD 3. 4. 5. 6. 7. 8. Establishment of Board Composition of Board Tenure of office and vacancy Procedure and meetings Remuneration and allowances Functions and powers
PART III OFFICERS 9. 10. 11. 12. 12A. Managing Director Deputy Managing Director Secretary and Tourist Managers Other staff Terms and Conditions of Service
PART IV LICENSING AND AUTHORISATION 13. Issue of licence or authorisation
14. 15. 16. 17. 18. Section 19. 20. 21. 22.
Application for licence or authorisation Power to call for additional particulars on application Notification of lodging of application Objection to issue of licence or authorisation Issue of licence or authorisation and power to reject application Appeal to Minister Secrecy Restriction on transfer and variation of licence or authorisation Licensing of existing tourist enterprises
PART V MISCELLANEOUS 23. 24. 24A 24B 25. 26. 27. 28. Incentives Obligations of holder of licence or authorisation Revocation of Licence or Authorisation Offences and Penalties Funds of Board Audit of accounts Annual report to National Assembly Regulations
CHAPTER 155
THE TOURISM ACT An Act to provide for the establishment of the Zambia National Tourist Board for the purpose of developing and promoting tourism; to provide for the licensing of tourist enterprises; and to provide for matters connected with or incidental to the foregoing. [31st December, 1979]
Act No. 29 of 1979 22 of 1985 13 of 1994
PART I PRELIMINARY 1. This Act may be cited as the Tourism Act. Short title Interpretation
2. In this Act, unless the context otherwise requires"authorisation" means the written consent of the Board; "Board" means the Zambia National Tourist Board established under section three; "Chairman" means the chairman of the Board; "Managing Director" means the Managing Director appointed under section nine; "Deputy Managing Director" means the Deputy Managing Director appointed under section ten; "hotel" shall have the meaning ascribed thereto in the Hotels Act; "licence" means a tourist enterprise licence issued under Part IV; "meeting" means a meeting of the Board; "member" means a member of the Board, and includes the Chairman; "Secretary" means the secretary to the Board appointed under section eleven; "tourist enterprise" includes the construction of an hotel; a tour-operating business; a travel agency business; an air charter business; a vehicle or vessel leasing business; a restaurant or cafe; a discotheque; a convention centre; and such other enterprise catering for tourists as the Minister may, by statutory instrument, declare;
Cap. 153
"tourist manager" means any manager appointed under section eleven. (As amended by Act 22 of 1985)
PART II ZAMBIA NATIONAL TOURIST BOARD Establishment 3. There is hereby established the Zambia National Tourist Board of Board which shall be a body corporate with perpetual succession and a common seal, capable of suing and of being sued in its corporate name, and with power to do all such acts and things as a body corporate may do by law, and as are necessary for, or incidental to, the carrying out of its functions and powers under this Act. Composition of 4. (1) The Board shall consist of the Chairman and not less than ten other members, who shall be drawn from the public and private sectors, Board and who shall have had proven experience, and shown capacity, in dealing with matters relating to the development and promotion of tourism, all of whom shall be appointed by the Minister. (2) The Permanent Secretary of the Ministry responsible for tourism, the Managing Director and the Deputy Managing Director shall be ex officio members. 5. (1) Subject to the provisions of this section, members, other than ex Tenure of office officio members shall hold office for a period of three years: and vacancy Provided that the first nine members appointed shall vacate office after the expiration of one year, two years, or three years as may be specified in their respective letters of appointment. (2) A retiring member shall be eligible for reappointment. (3) On the expiration of the period for which a member is appointed, he shall continue to hold office until his successor has been appointed, but in no case shall such further period exceed three months.
(4) The office of a member shall become vacant(a) (b) if he is adjudged to be a mentally disordered person; if he is adjudged bankrupt;
(c) if he is lawfully detained, or his freedom of movement is restricted under any law in force in Zambia; (d) if he has been sentenced to serve a term of imprisonment exceeding six months; (e) if he is absent from three consecutive meetings of the Board without reasonable cause; (f) upon the expiration of not less than one month's notice given in writing by the member to the Chairman of the member's intention to resign from the Board; or (g) upon the expiration of not less than one month's notice given in writing to the member by the Board retiring the member from the Board. (As amended by Act 22 of 1985) 6. (1) Subject to the provisions of this section, the Board shall determine its own procedure. (2) The Board shall meet from time to time for the transaction of business at such place and time as it may decide, but not less than once in every three months. (3) Five members, at least one of whom shall be an ex officio member, shall constitute a quorum at any meeting. In the absence of the Chairman at any meeting, the members present thereat shall elect one of their number to act as Chairman. (4) At any meeting of the Board, the Chairman shall have a deliberative vote, and, in the event of an equality of votes, a casting vote. Procedure and meetings
(5) The Board may act notwithstanding any vacancy in its membership. 7. There shall be paid to a member, other than a member who is a Remuneration public officer, such remuneration or allowance as the Minister may from and allowances time to time determine. 8. (1) It shall be the general duty of the Board to promote such measures as may be necessary to achieve the maximum exploitation of Zambia's tourism potential by ensuring the provision of adequate accommodation, transport facilities and tourist services throughout Zambia. (2) Without prejudice to the generality of the provisions of subsection (1), the Board shall(a) carry out studies and surveys, designed to identify areas which may be declared as tourism priority areas, and prepare regional or national plans for the development and promotion of tourism in such areas; (b) assist in carrying out any regional or national plan for the development and promotion of tourism; (c) promote tourism in Zambia and, in the performance of such function, use such media or means as are available to create maximum awareness of Zambia's tourist attractions, and to disseminate information on tourism; (d) co-ordinate the activities of agencies directly or indirectly concerned with the promotion of tourism in Zambia; (e) carry out surveys and collect and compile regular statistics of tourists; and (f) do such other things as are necessary for the development and promotion of tourism. (3) The Board shall have power, subject as herein provided, to do anything and to enter into any transaction which in its opinion is Functions and powers
calculated to facilitate the discharge of its duties under this Act or which is incidental or conducive thereto.
PART III OFFICERS 9. (1) Subject to the approval of the Minister, the Board shall appoint the Managing Director who shall be its chief executive officer. (2) Subject to the provisions of this Act, and to the general and special directions of the Board, the Managing Director may delegate any of his powers and functions under this Act to the Deputy Managing Director or to the Secretary or to any tourist manager. (As amended by Act 22 of 1985) 10. Subject to the approval of the Minister, the Board shall appoint the Deputy Deputy Managing Director who shall exercise such powers and, Managing functions as may be delegated to him by the Managing Director. Director 11. (I) The Board shall appoint a Secretary to the Board who shall be Secretary and responsible for the administration of the day-to-day affairs of the Board tourist under the general supervision of the Managing Director. managers (2) The Board shall appoint tourist managers who shall exercise such powers and functions as may be delegated to them by the Managing Director. (As amended by Act 22 of 1985) 12. Subject to the approval of the Board, the Managing Director may, Other staff at such remuneration and on such terms and conditions as he deems fit, employ other staff for the conduct of the business of the Board. 12A. The remuneration and terms and conditions of the Managing Director, Deputy Managing Director, Secretary, tourist manager and other staff shall be determined by the Board, subject to the approval of the Minister. Terms and conditions of officers Managing Director
(As amended by Act 22 of 1985)
PART IV LICENSING AND AUTHORISATION 13. (1) No person shall operate as a tour operator or travel agent, and no Issue of licence person shall operate any tourist enterprise in Zambia unless he has or authorisation previously applied to and obtained from the Board a licence or an authorisation in that behalf. (2) Any person who contravenes the provisions of subsection (1) shall be guilty of an offence and shall, upon conviction, be liable to a fine not exceeding two thousand five hundred penalty units or to imprisonment for a term not exceeding twelve months, or to both; and, in addition, the court shall have power to make such other order as it shall deem necessary to give effect to the provisions of this Act. (As amended by Act No. 13 of 1994) 14. An application for a licence or an authorisation shall be in the prescribed form and shall(a) describe the nature and scope of the proposed tourist enterprise to which it relates; (b) state the place where such tourist enterprise is to be established or carried on; (c) be accompanied by details and proof of the financial viability of such tourist enterprise; and (d) comply with such other conditions as the Board may, from time to time, prescribe. 15. (1) If, in the opinion of the Board, additional particulars are required of any matter contained in an application for a licence or an authorisation, it may call upon the applicant to furnish such particulars and may, in the event of failure to supply such particulars, reject such application. (2) In the performance of its functions under subsection (1), the Board Power to call for additional particulars on application Application for licence or authorisation
may seek the assistance of any other authority in the supply of additional particulars on any application for a licence or an authorisation as it may deem fit. 16. Before considering any application for a licence or an Notification of authorisation, the Board shall cause to be published in the Gazette a lodging of notice of such application, giving such particulars about the applicant application and the tourist enterprise for which such application is made as the Board may consider sufficient to enable an objection thereto to be made as hereinafter provided. 17. (1) Within thirty days from the date of publication of a notice under Objection to section sixteenissue of licence or authorisation (a) any person who is engaged in Zambia in any tourist enterprise which is similar to the operation in respect of which an application for a licence or an authorisation has been made, and who claims that financial loss will be caused to him if a licence or an authorisation is issued to the applicant; (b) any person who claims that environmental, planning, physical or other damage will be caused, or that tourism in Zambia is likely to be adversely affected, if a licence or an authorisation is issued to the applicant; or (c) any person who has any other valid reason for objecting to the issue of such licence or authorisation; may object to the issue of such licence or authorisation by submitting to the Board and to the applicant a notice in writing, stating the grounds for his objection; or may, by notice in writing, provide to the Board such information as he thinks will assist the Board in the performance of its functions. (2) The Board may, for the purpose of considering an objection made under this section, require the objector to answer such questions or to furnish such particulars as the Board may deem necessary, and may rely for its decision on any other evidence not submitted by the applicant or the objector. (As amended by Act 22 of 1985) 18. (1) If the Board is satisfied with respect to any application for a Issue of licence
licence or an authorisation that-
or authorisation and power to reject application
(a) such application is made in accordance with the provisions of this Act; and (b) the proposed tourist enterprise is in the interest of Zambia;
it shall issue a licence or an authorisation, as the case may be, to the applicant. (2) If the Board rejects an application for a licence or an authorisation, or decides that there is no merit in any objection notified under section seventeen, it shall give reasons for such rejection or decision to the applicant or to the objector, as the case may be. 19. (1) The applicant or the objector may, if aggrieved by a decision of Appeal to the Board made under section eighteen, appeal in writing to the Minister Minister to review the decision of the Board and may tender additional evidence or further and better particulars to be taken into consideration. (2) A notice of appeal shall be given in writing to every party concerned and any decision made pursuant to such review shall be communicated in writing to the person at whose instance such decision is made and to every party concerned. (3) The Minister may, in consequence of such appeal, make any determination in respect of any licence or authorisation, and his decision thereon shall be final. (As amended by Act 22 of 1985) 20. (1) Subject to the provisions of this Act, an application for a licence Secrecy or an authorisation and all matters connected therewith shall be secret and shall not be communicated to any person otherwise than in the course of business. (2) Any person who contravenes the provisions of subsection (1) shall be guilty of an offence and shall be liable, upon conviction, to a fine not
exceeding seven thousand five hundred penalty units or to imprisonment for a term not exceeding six months or to both. (As amended by Act No. 13 of 1994) 21. (1) No licence or authorisation shall be transferred or varied except Restriction on with the prior approval of the Board. transfer and variation of licence or authorisation (2) The Board may, in its discretion, grant or refuse the transfer or variation of a licence or an authorisation and may, where a transfer or variation is granted, direct that the licence or authorisation be amended in such manner as the Board may deem necessary. (3) Where any licence or authorisation is issued to a company or association, any major change in the control of such company or association shall be deemed to be an unlawful transfer of the licence or authorisation, unless such change is notified to the Board before it takes effect and the Board gives its consent to the transfer of the licence or authorisation. (4) Any licence or authorisation which is transferred or varied in contravention of the provisions of this section shall be revoked by the Board. 22. Every person who, at the commencement of this Act, is carrying on Licensing of any tourist enterprise other than the management of an hotel, shall, existing tourist within six months after such commencement, apply to the Board for a enterprises licence.
PART V MISCELLANEOUS 23. The holder of a licence or an authorisation shall be eligible for such Incentives incentives as the Minister may, from time to time, by statutory order, prescribe.
24. (1) Every holder of a licence or an authorisation who enjoys any incentives that may be provided under this Act may be required by the Board to comply with such conditions as the Minister may, by statutory order, prescribe; and, without derogation from the generality of the foregoing, such conditions may require a holder of a licence or an authorisation to(a) submit to the Board, at the end of his financial year, an audited financial statement relating to his operation; (b) submit to the Board, at the end of his financial year, production and cost accounts of his operation; (c) submit to the Board, at the end of his financial year, an annual report outlining developments within the tourist enterprise to which his licence relates; (d) submit to the Board a report advising it of plans for any significant changes within the tourist enterprise; (e) produce and allow the inspection on his premises of records and statements relating to the tourist enterprise; (f) allow the inspection of plant and offices relating to the tourist enterprise; (g) allow investigations and interviews with, or on behalf of, the Board regarding any matter provided for under this Act; and (h) adhere to any plans, programmes or other reports submitted to the Board. (2) The Board may withdraw any incentives granted under this Act for failure to comply with any provisions of any order made by the Minister under this section: Provided that a holder of a licence or an authorisation who is aggrieved by the decision of the Board may appeal to the Minister to review such decision.
Obligations of holder of licence or authorisation
(As amended by Act 22 of 1985) 24A. (1) Where, in respect of a tourist enterprise, the Board is satisfied Revocation of that the tourist enterprise, its manager or servant haslicence or authorisation (a) been convicted of an offence under this Act or of an offence relating to the operations of the tourist enterprise; (b) contravened or failed to comply with the provisions of this Act, any regulations made hereunder or any directives issued under this Act; (c) contravened or failed to comply with any of the terms and conditions under which the tourist enterprise was to be established, maintained or operated; (d) or failed to pay the appropriate fee for the licence or authorisation;
(e) obtained the licence or authorisation by fraud, deliberate misrepresentation or other illegal means; it may revoke the licence or authorisation of such tourist enterprise. (2) Before revoking the licence or authorisation under subsection (1), the Board shall(a) inform the tourist enterprise in writing of the grounds upon which it is proposed to revoke the licence or authorisation; and (b) give the tourist enterprise a reasonable time in which to make written representations. (3) The Board shall not revoke any licence or authorisation under subsection (1) unless it is satisfied that(a) the offence, contravention or failure referred to in paragraph (a), (b) or (c) of subsection (1) is of a serious nature or was committed in circumstances of a serious nature; or
(b) the tourist enterprise, its manager or servant has previously been guilty of a similar offence, contravention or failure; and that it is in the interest of tourism in Zambia that the licence or authorisation be revoked. 24B. Any person whoOffences and penalties
(a) being required by or under this Act to keep any register, fails to keep such register or, with intent to mislead, makes any entry in such register which is false in a material particular; or (b) being required by or under this Act to furnish any return or information to the Board, refuses or fails to furnish such return or information or, with intent to mislead, furnishes any return or information which is false in any material particular; or (c) knowingly obstructs the Board in the performance of its functions; shall be guilty of an offence and shall be liable upon, conviction, to a fine not exceeding two thousand five hundred penalty units or to imprisonment for a term not exceeding one year, or to both. (As amended by Act 22 of 1985 and No. 13 of 1994) 25. (1) The funds of the Board shall consist of(a) such sums as may be payable to the Board from moneys appropriated therefor by Parliament; and (b) such other moneys or assets as may accrue to the Board whether in the course of its business or otherwise. (2) The Board shall have power to raise, upon such terms and conditions as it may determine, funds by levying fees for services rendered by the Board or by making such other financial arrangements in lieu thereof as it may deem expedient, by accepting grants or donations and by raising loans. (3) The funds of the Board shall be applied in meeting its expenses in carrying out its functions and exercising its powers under this Act. 26. (1) The Board shall appoint auditors to audit the accounts of the
Funds of Board
Audit of
Board annually. (2) The expenses of and incidental to any audit shall be paid by the Board out of its funds.
accounts
27. (1) On or before the 30th April in every year, the Board shall Annual report prepare and submit to the Minister an annual report on the exercise of its to National functions during that year. Assembly (2) The annual report shall include a balance sheet and a complete statement of revenue and expenditure duly audited and the report of the auditors and such other information as the Minister may, by notice in writing to the Board, require. (3) The Minister shall, not later than seven days after the first sitting of the National Assembly next after the receipt of the annual report, lay the annual report before the National Assembly. 28. (1) The Minister may, by statutory instrument, make regulations Regulations prescribing anything which may be prescribed under this Act and in respect of which no other prescribing authority is specified; and may, in like manner, make regulations for the better carrying out of the provisions of this Act. (2) Without prejudice to the generality of the provisions of subsection (1), such regulations may make provision for(a) the forms to be used for the purposes of this Act;
(b) the fees chargeable in respect of licences and authorisations and for any services rendered by the Board; (c) the terms and conditions under which tourism may be effectively promoted, and under which any person may invest in any tourist enterprise in Zambia; (d) (e) the control of tourism and hotel development in Zambia; the terms and conditions under which any person may establish,
maintain or operate any tourist enterprise; (f) the declaration of tourism development priority areas, especially in economically depressed areas of Zambia, for the promotion of tourism therein; and (g) generally, the efficient development and promotion of the tourist industry in Zambia.
SUBSIDIARY LEGISLATION SECTION 28-TOURISM REGULATIONS
Statutory Instrument 112 of 1980 2 of 1985 45 of 1994 68 of 1995 Act No. 13 of 1994
Regulations by the Minister
1.
These Regulations may be cited as the Tourism Regulations.
Title Fees
2. (1) The fees set out in the First Schedule shall apply. (2) The fees for the items 4, 5 and 6 of the Schedule may in the applicant's discretion be paid at the selling rate kwacha equivalent as at the date of lodging the application. (As amended by S.I. No. 45 of 1994) 3. (1) Every application for a licence, or an authorisation, to establish, operate or manage a tourist enterprise shall be in Form 3 set out in the Second Schedule. (2) Every licence issued by the Board to a tourist enterprise shall be in Form 2 set out in the Second Schedule. (3) Every application for the renewal of a licence issued by the Board shall be in Form 1 set out in the Second Schedule, and shall be made at least 90 days prior to the expiration of the then current licence.
Forms
4. Every licence or authorisation issued under the Act shall be subject Conditions
to the following conditions, namely that the holder thereof shall(a) refrain from carrying on any business or activity which is unauthorised or which is contrary or prejudicial to the development of tourism in Zambia; (b) maintain such standards in the provision of services and facilities as ensure the safety and satisfaction of tourists and other customers; (c) provide to the Minister such information and evidence as he may from time to time require in writing relating to foreign exchange earnings and any other revenues or expenditure of the licensed or authorised tourist enterprise; (d) whenever required by the Minister in writing, do all such things as are set out in section 24 (1) of the Act.
FIRST SCHEDULE
(Paragraph 2)
PRESCRIBED FEES
STATUTORY FEES STATES NATURE OR TYPE 1. Travel agents 2. Tour operator or safaris 3. Car hire operators 4. Water rafting or canoeing 5. Campsites 6. Safari camps 7. Lodge, motel or hotel (10 rooms) (20 beds) 8. Night clubs or discotheques 9. Restaurants IN FEE UNITS 2,000 1,000 8,000 5,000 2,000 5,000 15,000 4,000 8,000 UNITED DOLLARS US$289 US$1,429 US$1,143 US$714 US$286 US$714 US$2,143 US$571 US$1,143
(As amended by S.I. No. 68 of 1995)
SECOND SCHEDULE
(Regulation 3) FORM TOU/3
APPLICATION FOR RENEWAL OF TOURIST ENTERPRISE LICENCE OR AUTHORISATION

1. 2. Applicant's full name Applicant's full address: P.O. Box Town/City Telephone 3. 4. 5. 6. 7. (a) Date of birth of applicant (b) Place and country of birth of applicant Applicant's nationality Applicant's NRC No Applicant's residence status (a) Name of tourist enterprise (b) Address of tourist enterprise: P.O. Box Telephone Telex (c) Location of tourist enterprise: Plot or Street No Place/Town/City 8. 9. 10. 11. Type of enterprise Year enterprise was established Current paid up capital: K Name(s) and address(es) or partner(s) and/or associated companies: (a) In Zambia
(b) Elsewhere
12.
Directors
13. 14.
Financial year If in tours, car hire and/or air charter business, state: (a) Total number of: (i) Vehicles (ii) Boats (iii) Aircraft (b) Total seating capacity: (i) Vehicles (ii) Boats (iii) Aircraft (c) General Condition: (i) Vehicles .................................................... .......... Excellent .............................................................. Very good ...................................................................... Good ....................................................................... Poor (ii) Boats ................................................................ Excellent ................................................................Very good ........................................................................Good ........................................................................ Poor (iii) Aircraft ............................................................... Excellent ...............................................................Very good .......................................................................Good ........................................................................ Poor (d) Category of Insurance cover: (i) Vehicles ....................................................... Comprehensive ............................................................... Third party .........................................................................None
(ii) Boats
........................................................ Comprehensive ................................................................ Third party ..........................................................................None
(iii) Aircraft ...................................................... Comprehensive ................................................................ Third party ..........................................................................None 15. Volume of business handled during the two previous financial years (state year, visitors and revenue): (a) 19 .............. (i) Domestic visitors .............................................. Revenue K .......... (ii) Foreign (incoming) ........................................................... Revenue K .......... (iii) Foreign (outgoing) ........................................................... Revenue K .......... (b) 19 .............. (i) Domestic visitors ............................................. Revenue K .......... (ii) Foreign (incoming) ........................................................... Revenue K .......... (iii) Foreign (outgoing) ........................................................... Revenue K .......... 16. Projected visitors/revenue figures for next financial year: 19 ..................... (i) Domestic visitors.............................................. Revenue K .......... ..... 17. (ii) Foreign (incoming) .............................Revenue K .......... ......... (iii) Foreign (outgoing) ..............................Revenue K .......... Manpower currently employed: (a) Zambian (b) Foreign (state category)
Applicant's signature Designation Date Note: Fees for the renewal of a Tourist Enterprise Licence (Excluding an hotel Licence) .. .. .. .. ..
..
. . 375
fee units (As amended by Act No. 13 of 1994)
FOR OFFICIAL USE ONLY The Board's comments:
*Approved on *Not approved Signature Name Zambia National Tourist Board *Delete whichever is not applicable Date .......
CHAPTER 156 THE PROFESSIONAL BOXING AND WRESTLING CONTROL ACT

Section 1. 2. Short title Interpretation
3. Establishment of Zambia Professional Boxing Control Board and Zambia Professional Wrestling Control Board 4. 5. 6. Board 7. 8. 9. 10. 11. 12. 13. Objects of Board Constitution of Board Tenure of office, vacancies and remuneration of members of Meetings and quorum Application for registration Powers of Board Regulations Funds of Board Annual report and financial statement Tournaments to be authorised
14. Boxers, wrestlers, officials, managers and promoters to be registered 15. Boxing or wrestling contests or exhibitions may be stopped or forbidden 16. Offences and penalties
CHAPTER 156 PROFESSIONAL BOXING AND WRESTLING CONTROL
37 of 1961 Government Notice 497 of 1964 Act No.
An Act to provide for the establishment of a Zambia Professional Boxing Control Board and a Zambia Professional Wrestling Control Board; to define their objects; to prescribe their powers, duties and functions; and to provide for matters incidental to the foregoing. [1st October, 1962] 1. This Act may be cited as the Professional Boxing and Wrestling Control Act. 2. In this Act, unless the context otherwise requires"Board" means(a) with reference to matters affecting boxers or boxing, the Board established by paragraph (a) of section three; (b) with reference to matters affecting wrestlers or wrestling, the Board established by paragraph (b) of section three; "boxer" means a person who engages in boxing for gain; "manager" means any person to whom a certificate of registration has been issued under subsection (1) (c) (ii) of section nine; "official" means any referee, judge, timekeeper, assistant timekeeper, announcer, second or ringmaster to whom a certificate as such has been issued under subsection (1) (c) (i) of section nine; "promoter" means any person to whom a certificate of registration as a promoter has been issued under subsection (1) (c) (iii) of section nine; "tournament" means any function to which members of the public have access, whether on payment of a charge for admission or not, and at which two or more persons engage in boxing or wrestling for gain, whether by way of competition, exhibition or otherwise; "wrestler" means a person who engages in wrestling for gain. Short title
Interpretation
3.
Establishment (a) a Board to be known as the Zambia Professional Boxing Control of Zambia Professional Board; and Boxing Control (b) a Board to be known as the Zambia Professional Wrestling Board and Control Board; Zambia each of which shall be a body corporate capable of suing and being sued Professional in its corporate name and performing all such acts as are necessary for or Wrestling Control Board incidental to the carrying out of its objects and the performance of its functions under this Act. 4. The objects of the Board are to regulate, control and exercise general Objects of supervision over professional boxing or wrestling at tournaments in Board Zambia with a view to the elimination of undesirable practices and the protection of the interests of boxers, wrestlers, promoters, officials and the public generally. 5. The Board shall consist of five members appointed by the Minister Constitution of of whom one shall be designated by the Minister as chairman. Board 6. (1) The chairman of the Board shall hold office for such period, and Tenure of any other member of the Board for such period, not exceeding three office, years, as the Minister may determine at the time of the appointments: vacancies and remuneration of members of Board Provided that the Minister may at any time remove from his office any member of the Board(a) who has, in the opinion of the Minister, directly or indirectly, by himself or through his spouse, partner or business associate, any financial interest in boxing or wrestling at tournaments; (b) (c) (d) if he is adjudged bankrupt; if he becomes of unsound mind; if he is convicted of an offence and sentenced to imprisonment
There is hereby established-
without the option of a fine; or (e) if he has absented himself from two consecutive meetings of the Board without its leave. (2) Whenever for any reason the office of any member of the Board becomes vacant before the expiration of the period for which he has been appointed, another person shall be appointed to fill the vacancy until the expiration of the period for which the vacating member was appointed. (3) The members of the Board shall receive no remuneration in respect of their services on the Board but may, out of the funds of the Board, be paid allowances to cover expenses reasonably incurred by them in respect of their attendance of the meetings of the Board or while otherwise engaged on the business of the Board. Meetings and 7. (1) The first meeting of the Board shall be held at such time and place as the chairman may determine, and all subsequent meetings shall, quorum subject to the provisions of subsection (2), be held at such times and places as the Board may fix. (2) The chairman of the Board may at any time, and shall at the request of the majority of members of the Board, call a special meeting of the Board to be held at such time and place as he may direct. (3) In the absence of the chairman from any meeting of the Board, the members present at the meeting may elect one of their members to preside thereat. (4) The quorum of a meeting of the Board shall be three of the members thereof. (5) All decisions at any meeting of the Board shall be by resolution by majority vote of the members present thereat, and, in the event of an equality of votes on any matter, the person presiding at the meeting shall have a casting vote in addition to his deliberative vote.
8. Any person who desires to be registered as a boxer, wrestler, official, manager or promoter under this Act shall make application in writing to the Board in the prescribed form and manner. 9. (1) For the purpose of attaining its objects, the Board shall have power(a) to appoint a secretary and such other servants on such conditions and at such remuneration as it may determine, and to acquire, alienate or hire such property as it may consider necessary for the effective performance of its functions; (b) on receipt of an application in terms of section eight, to make such investigations or require the submission of such further information as it may deem necessary in order to enable it to examine such application, or require any person making application to be registered as a boxer or wrestler to demonstrate his skill as such in such manner as the Board may direct; (c) to register any person who is not a member of the Board as a boxer, wrestler, official, manager or promoter, and to issue certificates of registration authorising any person who has been so registered(i) as a boxer, wrestler or official, to take part in tournaments in the capacity in which he has been so registered; or (ii) as a manager, to manage the affairs of any boxer or wrestler in so far as they relate to his participation in tournaments as a boxer or wrestler; or (iii) as a promoter, to negotiate with any boxer or wrestler with a view to procuring his services as a boxer or wrestler at a tournament; and in each case to specify in the certificate the period during which any such certificate shall be valid: Provided thatA. the Board shall not register any person as a boxer, wrestler, official, manager or promoter unless the Board is satisfied that the person concerned is seventeen years of age or more; B. the Board shall not register any person as a boxer or wrestler who is not of the male sex; (d) to refuse to register any person as a boxer, wrestler, official,
Application for registration
Powers of Board
manager or promoter, if the Board is satisfied(i) that the applicant is not sufficiently conversant with the rules of boxing or wrestling, as the case may be, or does not possess sufficient skill, to warrant his being so registered; (ii) that the applicant is not a fit and proper person to be so registered; or (iii) that the registration of the applicant would be against the public interest; (e) to cancel on any of the grounds set out in paragraph (d) any certificate of registration issued under paragraph (c); (f) to issue, subject to such conditions as it may deem fit, licences authorising the holding of tournaments; (g) to require any applicant for a licence under paragraph (f) to furnish the Board with(i) all agreements entered into between the promoter of the tournament and the boxers or wrestlers who will participate therein; (ii) a certificate of physical and mental fitness in respect of the boxers or wrestlers who will participate in the tournament, issued in such form and by such medical practitioner (whether practising in Zambia or elsewhere) as the Board may approve; (iii) full particulars of all arrangements made for the holding of the tournament; (iv) a specimen of every proposed advertisement relating to the tournament; and such further information as will enable the Board to arrive at a proper decision on the application; (h) if an agreement between a promoter and a boxer or wrestler provides for the payment to such boxer or wrestler of a fixed amount as remuneration for his services at any proposed tournament, to require the promoter to deposit that amount with the Board on or before any specified date prior to the date of the tournament, to be disbursed by the Board, subject to the provisions of paragraph (j), in terms of the agreement after the tournament has been held, and if any such requirement is not complied with to withdraw any licence which may have been issued under paragraph (f);
(i) at any time prior to the holding of any tournament, to prohibit any boxer or wrestler from participating as such in the tournament if, after such examination or test for physical and mental fitness as the Board may deem fit, it is satisfied that such boxer or wrestler should not be allowed so to participate or if such boxer or wrestler refuses at the request of the Board to submit himself to such examination or test; (j) if any boxer or wrestler taking part in any tournament is disqualified by the referee for(i) (ii) not boxing or wrestling to the best of his ability; retiring from the tournament without sufficient cause; or
(iii) committing a deliberate foul as prescribed by regulation under this Act; to declare the whole or any portion of the amount payable to such boxer or wrestler for his services in the tournament to be forfeited, and to determine to whom such amount shall be paid; (k) to decide who are the holders of national, provincial or other titles in respect of boxing or wrestling by any class of persons at tournaments, and to provide for the half-yearly grading of boxers or wrestlers or classes of boxers or wrestlers registered under paragraph (c); (l) to make arrangements with other bodies controlling or regulating boxing or wrestling at tournaments for the mutual recognition of any refusal, suspension or cancellation of the registration of any boxer, wrestler, official, manager or promoter; (m) to issue a certificate of introduction to any registered boxer, wrestler, official, manager or promoter proceeding to any place outside Zambia in order to take part in tournaments, or to procure the services of any boxer or wrestler ordinarily resident outside Zambia, at tournaments in Zambia, and to set out in such certificates such particulars concerning the boxer, wrestler, official, manager or promoter as the Board deems necessary; and (n) to establish a benevolent fund to be used for such purposes as may be prescribed by regulation under this Act. (2) Where the Board refuses to register an applicant or cancels a
certificate of registration it shall, on being requested to do so by the applicant or the person whose certificate of registration is cancelled, as the case may be, notify such applicant or person of the grounds for such refusal or cancellation. (3) Any applicant for registration whose application is refused and any person whose certificate of registration is cancelled may, within thirty days of his application being refused or of his certificate being cancelled, as the case may be, appeal to the Minister against such refusal or cancellation. (4) Where an appeal is made to the Minister under subsection (3), the Minister may give such directions to the Board as he may consider necessary to enable him to determine the appeal, and the Board shall comply with such directions. (5) The Minister shall, on an appeal being made to him under this section, confirm or reverse the decision of the Board. 10. (1) The Minister may, by statutory instrument, make regulations with regard to(a) the manner and form in which any application under this Act shall be made; (b) the nature of the particulars to be furnished with any application under this Act; (c) the form of any licence, certificate or other document to be used for the purposes of this Act; (d) the fees which shall be payable to the Board in respect of the grant or issue of any licence, certificate or other similar document, under this Act; (e) the rights and duties of officials during tournaments; Regulations
(f) the registration of any person as a boxer, wrestler, official, manager or promoter;
(g) the rules under which and the manner in which any tournament shall be organised and conducted, including the manner in which that portion of any premises on which actual boxing or wrestling takes place shall be isolated and equipped and the facilities to be provided in connection therewith; (h) the manner in which participants shall be attired and, in the case of boxers, the nature, weight and quality of gloves and bandages to be used; (i) the testing of the physical and mental fitness, the medical examination and the weighing of participants prior to any tournament; (j) the minimum age of persons who may attend at tournaments or at any specified kind of tournament; (k) the submission to the Board within a prescribed period after any tournament by the promoter thereof of a statement showing the expenditure incurred in connection with, and the income derived from, that tournament; (l) the management of a benevolent fund and the purposes for which such fund may be used; (m) the procedure to be followed by the Board in exercising any powers conferred upon it by this Act and the procedure to be followed in appeals to the Minister; and generally with regard to all matters which by this Act are required or permitted to be prescribed or which the Board considers necessary or expedient to prescribe in order that the objects for which it has been established may be achieved. (2) Any regulations made under this section may prescribe penalties for any contravention thereof or failure to comply therewith not exceeding a fine of one thousand five hundred penalty units or imprisonment for a period not exceeding six months. (As amended by Act No. 13 of 1994) 11. (1) The funds of the Board shall consist of the fees received by it in Funds of Board pursuance of any regulation made under section ten and any funds
derived from any other sources whatsoever. (2) The Board shall cause full and correct account to be kept of all amounts received and expended by it. 12. (1) The Board shall, as soon as possible after the 1st January in each Annual report year, submit to the Minister a report on its activities during the year and financial ended the 31st December last preceding. statement (2) The Board shall, as soon as possible after the 1st July in each year, submit to the Minister a copy of an audited statement of its income and expenditure during the year ended the 30th June last preceding, and a balance sheet showing its financial position on that date. 13. No person shall hold or assist in holding any tournament unless the Tournaments to holding of the tournament has been authorised by a licence issued under be authorised paragraph (f) of subsection (1) of section nine and unless the tournament is held in accordance with any conditions imposed by the Board under that paragraph. 14. Boxers, wrestlers, (a) take part in any tournament as a boxer, wrestler or official; or officials, (b) manage the affairs of any boxer or wrestler in so far as they managers and relate to his participation in tournaments as a boxer or wrestler; or promoters to be (c) negotiate with any boxer or wrestler with a view to procuring his registered services as a boxer or wrestler at a tournament; unless he is in possession of a valid certificate of registration as a boxer, wrestler, official, manager or promoter, as the case may be, issued to him under paragraph (c) of subsection (1) of section nine. 15. (1) Whenever any magistrate is of the opinion that any boxing or wrestling contest or exhibition being held or about to be held should be stopped or forbidden, because it might cause a breach of the peace, he shall convey or cause to be conveyed to the person holding or proposing to hold such contest or exhibition or to the participants, a notice, whether verbal or in writing, stopping or forbidding such contest or exhibition. Boxing or wrestling contests or exhibitions may be stopped or forbidden No person shall-
(2) Whenever any police officer of or above the rank of Assistant Inspector is of the opinion that the continuance of any boxing or wrestling contest or exhibition is likely to result in the life of any participant or any person attending the contest or exhibition being endangered, or in a breach of the peace, he shall order the participants or any person holding or assisting in the holding of the contest or exhibition to stop the contest or exhibition, and may order all persons present thereat to depart. (3) Any police officer may(a) if he has reason to believe that any person who is about to enter or who has entered any place in which any boxing or wrestling contest or exhibition is being held or about to be held, is likely to cause a breach of the peace, order him not to enter such place or, if he has entered, order him to depart therefrom; or (b) if any person who has entered any place in which any boxing or wrestling contest or exhibition is being held or about to be held, does any act which is likely to cause a breach of the peace, order him to depart from such place. (4) Any police officer on duty shall at all times have free access to any place in which any boxing or wrestling contest or exhibition is being held or about to be held. 16. Any person whoOffences and penalties
(a) allows any official to take part in a tournament in a capacity other than that in which he was registered under paragraph (c) (i) of subsection (1) of section nine; (b) advertises any tournament by means of an advertisement which differs from any advertisement submitted to the Board under paragraph (g) (iv) of subsection (1) of section nine; (c) participates as a boxer or wrestler in any tournament after having been prohibited under paragraph (i) of subsection (1) of section nine from so participating in that tournament; (d) contravenes or fails to comply with the provisions of section thirteen; (e) contravenes or fails to comply with the provisions of section
fourteen; (f) holds, assists in holding, attends or takes part in any boxing or wrestling contest or exhibition which has been stopped or forbidden under subsection (1) of section fifteen; (g) (h) disobeys any order given under subsection (2) of section fifteen; disobeys any order given under subsection (3) of section fifteen;
(i) refuses to allow any police officer on duty free access to any premises in or on which any boxing or wrestling contest or exhibition is being or about to be held or obstructs such police officer in the execution of his duties under this Act; shall be guilty of an offence and liable on conviction(i) in the case of an offence referred to in paragraph (a), (b), (c), (d), (f), (g) or (i), to a fine not exceeding nine thousand penalty units or to imprisonment for a period not exceeding twelve months, or to both (ii) in the case of an offence referred to in paragraph (e) or (h), to a fine not exceeding one thousand five hundred penalty units or to imprisonment for a period not exceeding six months, or to such imprisonment without the option of a fine. (As amended by Act. No. 13 of 1994)
PROFESSIONAL BOXING AND WRESTLING CONTROL THE PROFESSIONAL BOXING CONTROL REGULATIONS [ARRANGEMENT OF REGULATIONS]
Regulation 1. 2. Title Interpretation
3. Application for registration as a boxer, official, manager or promoter 4. Contracts between boxers and managers, etc., to be approved by Board 5. 6. Applications for licences to hold tournaments Police to be notified of intention to hold a tournament
7. Tickets, etc., not to be sold prior to the issue of a licence 8. Notice to be given to Board of any cancellation or abandonment of a tournament 9. 10. 11. 12. 13. 14. 15. Power of Board to test ability of boxers Betting at tournaments prohibited Sale of intoxicating liquor at tournaments prohibited Balance sheets to be submitted to Board Balance sheets in relation to tournaments held for charity, etc. Weighing-in and medical examination Medical practitioner to be in attendance during contests
16. Equipment to be carried by a second when working during a contest 17. Officials having a pecuniary interest in a contest not to officiate at such contest 18. 19. 20. 21. Referee to report to Board on any disqualification Boxers who are disqualified to forfeit their remuneration National Championships Forfeiture of championship titles
22. Amount to be deposited with Board by challenger seeking championship fight 23. 24. 25. 26. Boxers' benevolent fund Board to impose levy on entrance fees at tournaments Rules Penalties
Regulation SCHEDULE-The Zambia Professional Boxing Rules SECTION 10-THE PROFESSIONAL CONTROL REGULATIONS Regulations by the Minister BOXING Government
Notices 235 of 1962 497 of 1964 Statutory Instrument 53 of 1965 51 of 1978
52 of 1978 160 of 1978 161 of 1978 12 off 1984 58 of 1984 65 of 1989 41 of 1991 Act No.13 of 1994
1. These Regulations may be cited as the Professional Boxing Control Title Regulations. 2. In these Regulations, unless the context otherwise requires"Board" means the Zambia Professional Boxing Control Board established by paragraph (a) of section three of the Act. 3. Any person who desires to be registered as a boxer, official, manager Application for or promoter shall make application to the Board for registration in the registration as a form prescribed by the Minister for this purpose. boxer, official, manager or promoter (2) every application to be registered as a boxer, official, manager or promoter shall be accompanied by a registration fee of(a) (b) (c) (d) 16 fee units for a boxer; 24 fee units for an official; 80 fee units for a manager; 160 fee units for a promoter; Interpretation
(3) On receipt of any such application, the Board shall satisfy itself that the particulars required are set out with sufficient clarity and may return the application for amplification or amendment.
(4) On registering or re-registering any person as a boxer, official, manager or promoter, the Board shall issue to such person a certificate of registration in the form prescribed by the Minister for this purpose. (5) All such certificates of registration shall be valid and remain in force until the 31st December next following the date of issue. (6) If any person who has been previously registered as a boxer, official, manager or promoter under the provisions of this regulation desires to apply for re-registration to the Board in the manner provided for in sub-regulation (1), every such application for re-registration shall be accompanied by the appropriate registration fee specified in sub-regulation (2). (As amended by Act No. 13 of 1994) 4. In the event of a boxer wishing to enter into a contract with a manager, trainer or promoter, such manager, trainer or promoter, as the case may be, shall, before such contract is finalised, deposit a draft thereof with the Board for approval. (As amended by S.I. No. 41 of 1991) Contracts between boxers and managers, etc., to be approved by Board
5. (1) Any person who desires to promote a tournament shall, at least Applications for fourteen days before the date upon which such tournament is to be held, licences to hold apply to the Board for a licence to hold such tournament in the form tournaments prescribed by the Minister for this purpose and shall, at the time of such application, submit to the Board the following: (a) all agreements entered into between himself and the boxers who will participate in such tournament; (b) particulars of any fixed amount to be paid to such boxers as remuneration for their services at such tournament; (c) particulars of any fixed amount to be paid by such boxers or other officials to the promoter as a guarantee of their participation in such tournament; (d) particulars of each contest forming part of such tournament with
the full names of each boxer participating therein; (e) the full names of all officials who may be employed in such tournament; (f) specimens of any posters or other advertising matter used or intended to be used in respect of such tournament; (g) a certificate of the physical and mental fitness of each boxer who will participate in such tournament issued by a registered medical practitioner; (h) particulars of arrangements made for the weighing-in of each boxer who will participate in such tournament. (2) On receipt of any such application, the Board shall satisfy itself that the particulars required are set out with sufficient clarity and may return the application for amplification or amendment and may call upon the applicant to produce such additional information relating to the holding of such tournament as may be necessary to enable the Board to arrive at a proper decision on the application. (3) In the event of the Board deciding to grant a licence authorising the holding of a tournament, the Board may charge a licence fee of(a) (b) 40 fee units for a local tournament; 80 fee units for an international tournament.
(4) On payment of any licence fee charged by the Board in terms of sub-regulation (3), the Board shall issue to the applicant a licence in the form prescribed by the Minister for this purpose. (As amended by S.I. No. 41 of 1991 and Act No. 13 of 1994) 6. Every person to whom the Board has issued a licence under the provisions of the foregoing regulation shall, at least three days before the date upon which the tournament is to be held, notify the local police authority of his intention to hold such tournament. Police to be notified of intention to hold a
tournament 7. (1) No person who desires to promote a tournament shall sell or publish or cause to be sold or published any tickets, vouchers, posters or other advertising matter relating to such tournament unless and until he has been issued with a licence under the provisions of regulation 5. Tickets, etc., not to be sold prior to the issue of a licence
(2) All tickets, vouchers, posters or other advertising matter to be sold or published in relation to a tournament shall have inscribed on the face thereof the words "Sanctioned by the Zambia Professional Boxing Control Board". 8. In the event of a tournament in respect of which a licence has been issued under the provisions of regulation 5 being cancelled or abandoned or curtailed by the failure to carry out any contest scheduled to form part of such tournament, the person to whom such licence was issued shall forthwith notify the Board in writing of such cancellation, abandonment or curtailment and shall give to the Board the reasons therefor. Notice to be given to Board of any cancellation or abandonment of a tournament
9. (1) The Board may, if it is of the opinion that boxers engaged to Power of Board participate in a tournament are unevenly matched or for any other reason to test ability of which it may consider necessary, call upon the promotor of such boxers tournament to make such arrangements as may be necessary to enable the Board to test the ability of such boxers, which tests shall be carried out not later than three days before the date of the tournament. (2) In the event of any boxer failing to pass such test, any agreement entered into by such boxer with the promoter of such tournament shall forthwith be cancelled and such boxer shall have no claim against either such promoter or the Board in respect of any purse money or other remuneration payable to him under such agreement. 10. No person shall carry on the business of a book-maker at the venue Betting at of any tournament nor shall any person place or cause to be placed any tournaments bet or wager at such venue. prohibited 11. No person shall sell or supply or permit the sale or supply of any Sale of
alcoholic liquor at the venue of any tournament unless he shall first have intoxicating obtained the approval of the Board. liquor at tournaments prohibited 12. Within fourteen days of the holding of a tournament, the promoter Balance sheets to be submitted thereof shall submit to the Board a properly audited and certified balance sheet and statement of account showing the expenditure to Board incurred in connection with, and the income derived from, such tournament, which balance sheet and statement of account shall be supported by vouchers and such other particulars as the Board may consider necessary. 13. In the case of a tournament in respect of which it has been advertised that a percentage of the profits arising therefrom shall be given to charity, or in which the boxers participating therein have boxed on a share basis, the charities, or the boxers concerned, may, upon application in writing to the Board, inspect the balance sheet and statement of account relating to such tournament and the vouchers in support thereof at any time within three months of the date upon which such tournament was held. Balance sheets in relation to tournaments held for charity, etc.
14. (1) Boxers participating in a tournament shall weigh-in on a scale Weighing-in approved by the Board and provided by the promoter on the day of such and medical tournament at ten o'clock in the forenoon, in the case of an afternoon examination contest, and at two o'clock in the afternoon in the case of an evening contest unless, with the approval of the Board, another time for such weighing-in is mutually agreed between the boxers: Provided that boxers taking part in championship title bouts shall weigh-in in the nude. (2) A boxer who is over-weight at the weigh-in shall be allowed one hour to reduce to the weight at which he has contracted to box. (3) The promoter shall at his own expense arrange for all boxers participating in a tournament to be medically examined by a registered medical practitioner appointed either by the Board or the promoter, at the same time as and at the place of weighing-in; such medical examination shall consist of the following:
(a) a cardio vascular examination, as a result of which such medical practitioner shall satisfy himself that the pulse of the boxer under examination shows no irregularities of rhythm other than sinus arrhythmia or occasional extra systoles, that the pulse rate at rest does not exceed ninety beats per minute and that there is no cardiac enlargement of the heart and no cardiac murmur; Provided that in the event of cardiac murmur being present, such medical practitioner shall obtain a second opinion from another registered medical practitioner before passing the boxer under examination as fit to participate in the tournament; (b) a respiratory examination, as a result of which such medical practitioner shall satisfy himself that the chest expansion of the boxer under examination is not less than two and a half inches, that there are no adventitious sounds on auscultation and that there is no dyspnoea at rest; (c) an examination of the hands and forearms of the boxer under examination, an examination for tenderness and oedema over the corpal scaphoid, an examination for tenderness and oedema, limited movement and deformity over the first metacarpals, an examination of the fingers to ensure that there is sufficient movement in all joints to allow of a fist being made in a boxing glove, an examination of the elbows for limited movement and tenderness, an examination of the eyes for any obvious visual defects and an examination to ascertain whether such boxer has sustained any recent bodily injury, in which event the medical practitioner shall make a thorough examination of such injured part, particular attention being paid to any recent facial injuries suffered by the boxer. (4) At the conclusion of such examination, such medical practitioner shall either grant a certificate to the effect that the boxer under examination is fit to take part in the tournament or a certificate to the effect that such boxer is unfit to participate. (5) A boxer who is certified unfit by a medical practitioner shall not be permitted to take part in a tournament. 15. The promoter of any tournament shall, at his own expense, ensure Medical that a registered medical practitioner appointed either by the Board or practitioner to
the promoter is in attendance at or near the ringside throughout each be in attendance contest for the purpose of rendering medical aid, if required, or for the during contests carrying out of any examination of a boxer at the request of the referee. 16. The promoter of any tournament shall ensure that the following equipment is carried by a second when working in a corner during a contest: (a) (b) (c) (d) (e) white petroleum jelly; sterile cotton wool of the best quality; small sealed packets of sterile gauze; surgical spirit; orange, cherry or dental stick swabs; Equipment to be carried by a second when working during a contest
(f) solution of adrenalin of a strength one in one thousand or such other haemostatic as shall have been approved by the Board as scientifically efficient and without danger; (g) (h) (i) (j) blunt-edged surgical bandage scissors; an ice-bag; a one-inch wide "Elastoplast" roll; and an adequate supply of soft bandage:
Provided that a second when working in a corner shall not use iron chloride solution, oxygen, monsol, alcohol, ammoniated linaments for massage prior to a contest or a stimulant other than cold water which may be sprinkled on the body or used as a mouth wash. 17. No official shall be permitted to officiate in or at a contest forming part of a tournament if such official shall be pecuniarily interested in such contest, provided, however, that such official shall not be debarred from officiating solely on the ground that he is a member of a sporting club approved of by the Board which is the promoter of such tournament. This regulation shall not apply to seconds. 18. In the event of a boxer participating in a contest being disqualified by the referee or retiring from such contest without sufficient cause, the referee shall, within thirty-six hours of such happening, submit a report in writing to the Board. Officials having a pecuniary interest in a contest not to officiate at such contest Referee to report to Board on any disqualification
19. In the event of a boxer participating in a contest forming part of a tournament being disqualified by the referee for any cause whatsoever or retiring from such contest without sufficient cause, such boxer shall forfeit his entitlement to the amount payable to him for his services in such tournament and shall be entitled to receive only his travelling expenses and out-of-pocket expenses and any further remuneration which may be awarded to him by the Board. 20. (1) All National Championships held in Zambia shall be decided under these Regulations. (2) The winner of any championship contest shall be the holder of such championship title. (As amended by No. 53 of 1965)
Boxers who are disqualified to forfeit their remuneration
National Championships
21. A boxer who is a championship title holder shall retain possession Forfeiture of of his title until he is defeated in a championship contest: championship titles Provided that a championship title holder shall, subject to the discretion of the Board, immediately forfeit his title(a) if he is convicted of a crime and sentenced to imprisonment without the option of a fine; or (b) if he is proved guilty, to the satisfaction of the Board, of gross misconduct as a boxer; or (c) if he refuses to defend his title after the receipt of a challenge duly approved by the Board and within the time limit set down for such title match by the Board; or (d) if he is prevented by illness, accident or absence abroad from taking part in a contest for his title or fails or is unable to defend his title within such period as the Board directs; or (e) if, in the case of an area or provincial title holder, he wins a National Championship title in the same weight division. (As amended by No. 53 of 1965) 22. (1) In the case of a National Championship contest, the boxer who Amount to be is the title holder shall have the right to demand that the approved deposited with
challenger shall deposit with the Board or its nominee any sum of money up to the maximum amount fixed for the title held by the title holder before he shall be required to accept such challenge and defend his title; the maximum amounts fixed for the purpose of this regulation are as follows:
Title K Fly . . Bantam Feather Light Welter Middle Light-heavy Heavy .. .. 8 .. 10 .. 12 .. 14 .. 16 .. 18 .. 20 .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 6 .. .. .. .. .. .. .. Amount
Board by challenger seeking championship fight
(2) In the event of such championship title holder having defended his title to the satisfaction of the Board, the money, if any, deposited by the challenger shall be paid to the championship title holder irrespective of the result of the contest. (3) If such championship title holder refuses to accept an approved challenge or, having accepted, fails to box, the money deposited by the challenger under the provisions of this regulation shall be returned to such challenger whose claim to such title may then be considered by the Board. (As amended by No. 53 of 1965) 23. The Board shall create and administer a boxers' benevolent fund, Boxers' benevolent fund on the executive of which both boxers and promoters shall be represented and, for the purpose of creating and maintaining funds for such boxers' benevolent fund, the Board may impose a levy not exceeding two and one-half per centum of the amount payable to a boxer
for his services in a tournament. 24. For the purpose of deriving funds to maintain the function of the Board, the Board may impose a levy not exceeding two and one-half per centum of the gross amount received by the promoter of a tournament by way of entrance fees, provided that the Board shall contribute to the boxers' benevolent fund from the amount accruing to the Board under this regulation a sum equal to that which is deducted from the amount payable to a boxer in return for his services in such tournament under the immediately foregoing regulation, which sum shall not, in any event, exceed twenty-five per centum of the entrance fee levy. 25. The rules under which and the manner in which any tournament shall be organised and conducted are as set out in the Schedule. Board to impose levy on entrance fees at tournaments
Rules
26. Any person who contravenes or fails to comply with any provision Penalties of these Regulations, other than regulation 25, shall be guilty of an offence and liable to a fine not exceeding one thousand five hundred penalty units or imprisonment for a period not exceeding six months. (As amended by Act No. 13 of 1994)
SCHEDULE
(Regulation 25) ZAMBIA PROFESSIONAL BOXING CONTROL BOARD THE ZAMBIA PROFESSIONAL BOXING RULES 1. These Rules may be cited as the Zambia Professional Boxing Rules. 2. The standard weights for professional boxers shall be divided into eight divisions as follows: Fly under. Bantam under. Feather under. Light under. Welter under. Middle under. Light-heavy under. Heavy .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 50.9 kg. and 53.6 kg. and 57.7 kg. and 62.8 kg. and 71.3 kg. and 77.7 kg. and 78.2 kg and Any weight.
3. No contest between boxers in any two adjoining divisions as set out in rule 2 shall be permitted when the difference in their respective weight exceeds the maximum difference, less one pound avoirdupois, fixed between such adjoining divisions: Provided that nothing in this rule contained shall apply to the matching of boxers if the weight of such boxer exceeds 77.7 kilograms. 4. All boxing contests shall be decided in an area termed "the ring" measuring not less than sixteen feet nor more than twenty feet square, inside measurement; the ring floor shall be not less than four feet above the floor level of the venue in which the tournament is held and suitable steps allowing access to the ring from the floor level shall be provided. Three ropes drawn as taut as possible each of not less than one inch in diameter and covered in soft material shall surround the ring and be
joined in the centre at each side. The top rope shall be placed fifty-two inches, the middle rope thirty-five inches and the bottom rope seventeen inches above the level of the ring floor. On each of the four corners of the ring, the ring ropes shall be connected by loops of other rope or other suitable fastenings to a post placed eighteen inches outside the ring ropes, such corner posts shall be properly secured and suitably padded throughout. The ring floor, which shall project at least two feet beyond the ring ropes, shall be well covered to at least six inches of its outer edges with felt half an inch thick, on top of which canvas, duck or other similar material will be tightly stretched and securely fastened so as to extend beyond the ring ropes for a distance of eighteen inches. 5. The promoter of any tournament shall provide a sufficient number or quantity of chairs, buckets, bottles, gloves, spittoons, sponges, small tables, powdered resin and clean water and scoring cards for the use of judges, and in addition thereto he shall provide a gong or electric bell which must be securely adjusted on a level with the ring floor and tested prior to the commencement of such tournament, together with facilities for the announcement of rounds by means of numbers visible throughout the venue. In the event of an Announcer or Master of Ceremonies being engaged to announce the bouts the promoter shall, where necessary, ensure that suitable microphonic arrangements are provided. 6. The duties of officials empowered to participate in any tournament are as follows: (A) (1) The Referee shall be the chief official during a contest and shall take his position in the ring and shall exercise general supervision over a contest. At the end of such contest he alone shall inform the Master of Ceremonies or the Announcer what verdict to announce and his decision shall be final. (2) The Referee shall(a) ascertain the name of each boxer's Chief Second and hold him responsible for the conduct of his assistants during a contest; (b) ensure that the provisions of rules 7 and 8 are observed; (c) order, whenever necessary, by the command "Stop", a cessation of boxing during a round and thereafter order, by the command "Box on", a resumption of boxing. He shall see that during each stoppage the boxer or boxers standing in the ring do so without any support whatsoever; (d) order, by the command "Break", the boxers to separate when in a clinch and, at his discretion, to separate them himself should they fail promptly to obey such command. The Referee shall not tap the gloves or arms of the boxers in a clinch; (e) regard as an acknowledgment of defeat a boxer's inability to
resume boxing at the Time-keeper's signal; (f) stop a contest and order the retirement of any Second for the remainder of such contest in the event of the misbehaviour of such Second; (g) stop a contest if, in his opinion, it is too one-sided and thereafter award the contest to the better boxer; (h) stop a contest if a boxer is accidentally disabled or is, in the opinion of the Referee, unable to defend himself and thereafter award the contest to his opponent; (i) stop a contest in the event of a boxer being Down and immediately thereafter shall start announcing audibly the number of each second of time as it passes. He shall count up to nine seconds and indicate the tenth second and the end of the contest by pronouncing the word "Out", and shall thereafter award the contest to the opponent if by that time the boxer who is Down has not risen; (j) in the event of a boxer going Down and claiming a low blow which the Referee has not seen, the Referee shall count up to ten, omitting the word "Out", and thereafter consult his judges and give his decision; (k) satisfy himself that there is no resin on the gloves of a boxer who has been Down and who is in a fit condition to continue the contest; (l) stop a contest if he is of the opinion that neither boxer is boxing to the best of his ability, in which case he shall disqualify either one or both of them; (m) have the power to stop a contest and disqualify any boxer for committing any one or more of the following acts which are hereby deemed to be fouls and that with or without having previously warned such boxer: (i) hitting below the belt; (ii) hitting an opponent who is Down or who is getting up after being Down; (iii) (iv) (v) (vi) (vii) (viii) (ix) hitting with the inside or butt of the hand, wrist or elbow; butting with the head; using the kidney punch; using the knee; using the pivot blow; using the rabbit punch; purposely going down without having been hit;
(x) (xi)
not trying or not boxing to the best of his ability; retiring from a contest without sufficient cause;
(xii) committing any unfair physical action which may injure an opponent, the sole judge whereof shall be the Referee; (xiii) consistently refusing to obey the Referee; (xiv) using back-handed blows, or hitting or flicking with the open glove; (xv) holding an opponent, or holding or locking an opponent's arms or head or pinning him; (xvi) holding an opponent with one hand and hitting with the other; (xvii) holding the ropes with one hand for the purpose of obtaining greater power when hitting an opponent; (xviii) boring or "lying on" an opponent; (xix) (xx) (xxi) wrestling or roughing; not breaking promptly when ordered so to do by the Referee; resting on the ropes during a stoppage;
(xxii) resuming or attempting to resume boxing after a stoppage without being ordered so to do by the Referee; (xxiii) using offensive language or behaviour during a contest; (xxiv) weaving, ducking or bobbing below an opponent's waistline in attack; (xxv) using a completely passive defence, the sole judge whereof shall be the Referee; (xxvi) clowning; (n) in the event of the boxers persistently clinching after being warned by him to desist, stop the contest and declare it no contest; (o) in the course of a contest be responsible for interpreting all or any of the Professional Boxing Control Regulations or these Rules and any questions which may arise and which are not provided for in such Regulations or Rules; and (p) on receiving the Judges' completed scoring cards from the Master of Ceremonies hand them to a member of the Board for retention by the Board. (B) (1) The Judges shall be stationed on three sides of the ring, the Time-keeper occupying the fourth side. Each Judge shall be supplied with a scoring card and shall independently assign marks to the boxers. They shall at all times be ready to assist the Referee, if required, in
deciding whether any foul has been committed. They may also bring any other matter to the notice of the Referee at the end of any round of a contest. (2) At the end of each round of a contest, each Judge shall award a maximum of seven points to the better boxer and a proportionate number of points to the other boxer or, if in the opinion of such Judge, neither boxer is better than the other, he may award seven points to each of them. Halves or other fractions of a whole number shall not be used in scoring. Points awarded to a boxer at the end of each round shall be based on the number of marks scored by such boxer during such round. (3) Marks shall be awarded as follows: (a) In attack, for scoring direct clean hits with the knuckle part of the closed glove on any part of the front or side of the head or body above the belt and also generally for effective aggression; a clean forceful blow landing on the target shall be credited in proportion to its damaging effect. (b) In defence, for guarding, slipping, ducking, blocking and in general for cleverly evading blows and for countering: Provided that marks awarded for defence shall not outweigh those awarded for attack. (4) Marks shall not be awarded for (a) tapping, or (b) blows which do not land on the opponent. (5) Marks shall be deducted for fouling although such fouling may not be sufficiently serious in the opinion of the Referee to warrant disqualification. (6) At the end of a contest which has lasted the scheduled number of rounds, each Judge shall complete his scoring card so as to show the total number of points awarded by him to each boxer and shall hand such scoring card to the Master of Ceremonies who in turn shall hand it to the Referee. (C) The Referee and the Judges of a contest shall not converse with any person in the audience while officiating at such contest. Scoring cards shall not be exhibited to or discussed with any person in the audience whether during or after such contest. Referees and Judges shall not criticise in public decisions given by themselves or other officials nor shall a Referee or Judge or any other official discuss the contents of a Judge's scoring card or decisions with any unauthorised person. (D) The Time-keeper shall be seated at the side of the ring close to the gong or electric bell. He shall provide himself with a suitable stop watch or clock which shall permit his making due allowances for stoppages ordered by the Referee. He shall indicate the beginning and end of each round by sounding the gong or bell. Five seconds before the beginning of a round he shall call out in an audible voice the words "Seconds Out",
and the number of the round. (E) The Master of Ceremonies or Announcer shall announce from inside the ring in a satisfactory manner (preferably by microphone) the names of the boxers, their weights, the title at stake, if any, the number and duration of the rounds and the names of the Referee, Judges and Time-keeper. He shall collect scoring cards from the Judges and hand them to the Referee, and announce the decision when authorised so to do by the Referee. He shall make any other necessary announcements at the request of the promoter or the Referee. He shall at no time look at the Judge's scoring cards. (F) The Ringmaster shall supervise the ring and its accessories and see that the floor of the ring is kept properly resined and that a sufficiency of clean water is supplied. He shall be in charge of the gloves and see that no time is wasted between contests by the unpreparedness of the contestants. (G) A Second shall from a corner of the ring assist or advise a boxer before a contest or during the interval between rounds. Each boxer shall be permitted to have not more than three Seconds in his corner and all three must be attired in white shirts and white or grey trousers. A Chief Second must be nominated to the Referee by each boxer and such Chief Second alone of the Seconds can declare the retirement of his principal by throwing a towel into the ring and orally drawing the Referee's attention to the fact. Seconds shall not coach principals during the progress of rounds and they must remain silent. They shall not throw, spout or spray water or other substance on a principal nor in any other way assist him during a round. Each boxer shall be allowed only two Seconds in the ring between rounds and they shall leave the ring enclosure at the Time-keeper's call and shall remove all obstructions, such as chairs, buckets, etc., the instant the sound signal indicates the beginning of a round. None of these articles shall be placed on the ring floor again until the gong or bell signals the end of the round. 7. (1) Every boxer who participates in a tournament shall wear gloves of a type approved by the Board, each of which shall be not less than six ounces in weight. (2) In the event of bandages being used by boxers participating in a tournament, the length of bandage on each hand shall not exceed the following: (a) flyweight to middleweight, nine feet of soft bandage, not exceeding two inches in width, and nine feet of thin adhesive tape, not exceeding one inch in width; (b) light-heavyweight and heavyweight, twelve feet of soft bandage, not exceeding two inches in width, and twelve feet of thin adhesive tape, not exceeding one inch in width.
(3) All gloves and bandages to be used in a contest shall first be examined by the Referee who shall satisfy himself that they conform with the requirements of this rule and who shall, in addition, supervise their adjustment by the Seconds, and ensure that the gloves have not been broken by twisting, and that the padding thereof has not been removed from the potential part of the glove. 8. Boxers must box in light, heel-less, spikeless boots or shoes, or in socks and loose fitting, coloured (not white) trunk drawers, the boxers to wear trunks of different colours, secured at the hips, but no metal or other buckles, straps, etc., shall be worn, and with the bottom hems thereof reaching at least half-way between the knees and thighs. Tights are prohibited. A "Protector Cup or Shield" adjusted to the satisfaction of the Medical Officer and Referee immediately prior to entering the ring must be worn. The Medical Officer and Referee shall at the same time satisfy themselves with regard to the character of any markings on the body of the boxer visible in that region. Shields for the gums may be worn but not ear-guards or any other protection. The face or upper part of the body must not be greased. Boxers must have a clean appearance and have their hair cut to a reasonable length to the satisfaction of the weighing officials. 9. In all contests the number of rounds shall be specified and no contest shall exceed 12 rounds, except as defined hereunder, and no round shall exceed three minutes in duration. There shall be an interval of one minute between each round. National Championships shall be of 12 rounds of three minutes each, Area or Provincial Championships of 10 rounds of three minutes each and International Championships shall be of such number of rounds as may be approved by the Board after consulting with other National Bodies. Time occupied by stoppages ordered by the Referee during the progress of a round shall not count as part of the time of such a round. 10. For the purpose of these Rules, the following definitions and notes shall apply: (a) "Stop" "Box on"-excepting only when the Referee has given the order "Stop", boxers must protect themselves at all times whilst in the ring and on their feet, but they shall not resume boxing after a stoppage ("breaking" excluded) without the order "Box on". (b) "Break"-On the command "Break", both boxers must take a step backwards before continuing to box and be on the defensive whilst so doing. Having moved in this manner, a boxer may immediately resume boxing without being ordered to do so by the Referee. (c) "Clinch"-means a locking-together by the boxers for which both are responsible. (d) "Down"-A boxer shall be deemed down when-
(i)
any part of his body other than his feet is on the ring floor;
(ii) hanging over the ropes in a helpless condition. NOTES.-(1) A boxer hanging over the ropes in a helpless condition is not officially down until so pronounced by the Referee, who can count the boxer out either on the ropes or on the floor. (2) Should a boxer arise fully but be unable to defend himself, the contest shall be stopped and the decision given to the opponent. (3) Should a boxer who is down arise before the count of ten seconds of time be reached and then at once go down again without being struck, the Referee shall resume the count where it left off, provided that in his opinion such going-down is the aftermath of the original knock-down blow and that the boxer's action does not warrant disqualification. (4) A boxer sent down by a blow may remain down until nine seconds of time have been counted without being disqualified, but after an accidental fall he must arise instantly, failing which the Referee may stop the contest and award the decision to his opponent. (e) "Counting out"-The order "Stop" shall precede the beginning of any count. When counting, the Referee shall move one of his arms in unison with his count. Immediately a boxer is down, the opponent shall retire to the farthest neutral corner from the boxer who is down and, should he fail to do so or, having done so, come out of that corner during the count, the Referee shall suspend his count until the opponent shall return to that corner, when the Referee shall resume the count where it left off. A boxer counted out shall be the loser of the contest irrespective of the number of marks awarded up to that time. (f) "Double Knock-out"-In the event of a double knock-out the Referee shall declare the contest to be a draw. (g) "Tapping"-Direct, light blows are not regarded as tapping but a succession of taps, usually employed at close quarters, which have no effect upon an opponent, are to be considered as such. (h) "Holding"-Holding is done with one or both hands. Whilst it is not permissible for a boxer to hold an opponent with one hand and hit with the other, yet it is permissible for the opponent who is held to hit with his free hand or hands. (i) "Hitting below the Belt"-Hitting below the belt is hitting below an imaginary line drawn across the abdomen at the level of the tops of the front edges of the hip bones. NOTE.-This includes the groins. (j) "Kidney punch"-The kidney punch is a blow delivered deliberately at the part of the body over the kidneys. (k) "Pivot blow"-A pivot blow is made when a boxer pivots round
on one foot swinging his arm with him and, as he completes his revolution, delivers a blow of any kind. (l) "Rabbit punch"-The rabbit punch is a deliberate blow to the back of the head or neck.
SECTION 10-THE PROFESSIONAL BOXING AND WRESTLING (PRESCRIBED FORMS) REGULATIONS Regulations by the Minister
Government Notices 236 of 1962 497 of 1964
1. These Regulations may be cited as the Professional Boxing and Wrestling (Prescribed Forms) Regulations.
Title
2. The forms set forth in the Schedule shall be the forms to be used in Prescribed all cases to which they are respectively applicable for the purposes of the forms Act.
SCHEDULE
(Regulation 2)
PRESCRIBED FORMS FORM 1

THE PROFESSIONAL BOXING AND WRESTLING CONTROL ACT APPLICATION FOR REGISTRATION To: The Zambia Professional Boxing/ Wrestling* Control Board, P.O. Box 2186, Lusaka. I (name in full) hereby apply to be registered as a (insert here: boxer, wrestler, promoter, manager, trainer, referee, judge, time-keeper, master of ceremonies or announcer, ringmaster or second), and enclose the registration fee of .............................. Please answer the following questions: 1. Have you had a Certificate of Registration or a Licence before? 2. If so, give dates of first and last Certificate of Registration or Licence 3. Any other names which are or have been used for boxing or wrestling purposes (if none-write "None") I understand that the issue of a Registration Certificate is at the discretion of the Board and that any Registration Certificate may be suspended or cancelled at any time. Name Permanent address Postal address I certify that the above particulars are true. ....................................... Applicant's signature
Date ................................................ *Delete as appropriate
FORM 2
THE PROFESSIONAL BOXING AND WRESTLING CONTROL ACT APPLICATION FOR LICENCE AUTHORISING THE HOLDING OF A TOURNAMENT To: The Zambia Professional Boxing/ Wrestling* Control Board, P.O. Box 2186, Lusaka. I, hereby apply for a licence to hold a boxing/wrestling* tournament at ............................ (venue) in (town) on the ..................................................... day of stage contests between the following:
, 19 ....... to
1. ..................................................................... vs ............................................................ rounds of minutes each at ............................................................ (weight) for the Championship. 2. ..................................................................... vs ............................................................ rounds of minutes each at ............................................................ (weight) for the Championship. 3. ..................................................................... vs ............................................................ rounds of minutes each at ............................................................ (weight) for the Championship. 4. ..................................................................... vs ............................................................ rounds of minutes each at ............................................................ (weight) for the Championship. 5. ..................................................................... vs ............................................................ rounds of minutes each at ............................................................ (weight) for the Championship. 6. ..................................................................... vs ............................................................ rounds of minutes each at ............................................................ (weight) for the Championship.
I attach hereto the following: (a) All agreements entered into the promoter of the tournament and the boxers/wrestlers* participating therein. (b) Particulars of fixed amounts to be paid by the promoter to such boxers/wrestlers* as remuneration for their services at such tournament. (c) Particulars of fixed amounts to be paid to the promoter by boxers/wrestlers* or officials as a guarantee of their participation in such tournament. (d) The full names of each boxer/wrestler* and officials participating in such tournament. (e) Specimens of posters or other advertising matter to be used in respect of such tournament. (f) A certificate of the physical and mental fitness of each boxer/wrestler* who will participate in the tournament, duly signed by a medical practitioner. (g) Particulars of arrangements made for the weighin-in of each boxer/wrestler* who will participate in such tournament. I certify that I am registered as a promoter under the provisions of the Professional Boxing and Wrestling Control Act. NAME (in full) ........................................ ADDRESS ............................................... ................................................................... Applicant's signature Date ............................................. * Delete as appropriate ORIGINAL
FORM 3
THE PROFESSIONAL BOXING AND WRESTLING CONTROL ACT No. ................................ Ref ................................ CERTIFICATE OF REGISTRATION This is certify that has been registered as a in terms of the Professional Boxing and Wrestling Control Act. Dated at ........................................................... this ........................................ ,19 ....... day of
Fee paid ......................................
Secretary, Zambia Professional Boxing Control Board
ORIGINAL FORM 4
THE PROFESSIONAL BOXING AND WRESTLING CONTROL ACT No. ................................. Ref ................................. CERTIFICATE OF REGISTRATION This is to certify that.......... has been registered as a ........... in terms of the Professional Boxing and Wrestling Control Act. Dated at .......................................................... this ..................................... , 19 ......... Secretary, Fee paid ..................................... Zambia Professional Wrestling Control Board day of
ORIGINAL FORM 5
THE PROFESSIONAL BOXING AND WRESTLING CONTROL ACT No. ........................ LICENCE AUTHORISING THE HOLDING OF A TOURNAMENT This is to certify that of is hereby authorised to hold a tournament at (venue) in (town) in Zambia on , 19 ......., which tournament shall consist of the following contests: 1. ..................................................................... vs ............................................................ rounds of minutes each at ............................................................ (weight) for the Championship. 2. ..................................................................... vs ............................................................ rounds of minutes each at ............................................................ (weight) for the Championship. 3. ..................................................................... vs ............................................................ rounds of minutes each at ............................................................ (weight) for the Championship. 4. ..................................................................... vs ............................................................ rounds of minutes each at ............................................................ (weight) for the Championship. 5. ..................................................................... vs ............................................................ rounds of minutes each at ............................................................ (weight) for the Championship. 6. ..................................................................... vs ............................................................ rounds of minutes each at ............................................................ (weight) for the Championship. Dated at ................................................ this ........................................ , 19 ....... day of
This licence is subject to the provisions of the Professional Boxing and Wrestling Control Act and to the attached conditions. Secretary,
Fee paid .............................................
Zambia Professional Boxing Control Board
ORIGINAL FORM 6
THE PROFESSIONAL BOXING AND WRESTLING CONTROL ACT No. .......................... LICENCE AUTHORISING THE HOLDING OF A TOURNAMENT This is to certify that of is hereby authorised to hold a tournament at (venue) in (town) in Zambia on , 19 ........which tournament shall consist of the following contests: 1. ..................................................................... vs ............................................................ rounds of minutes each at ............................................................ (weight) for the Championship. 2. ..................................................................... vs ............................................................ rounds of minutes each at ............................................................ (weight) for the Championship. 3. ..................................................................... vs ............................................................ rounds of minutes each at ............................................................ (weight) for the Championship. 4. ..................................................................... vs ............................................................ rounds of minutes each at ............................................................ (weight) for the Championship. 5. ..................................................................... vs ............................................................ rounds of minutes each at ............................................................ (weight) for the Championship. 6. ..................................................................... vs ............................................................ rounds of minutes each at ............................................................ (weight) for the Championship. Dated at ........................................................ this day of ........................................ , 19 ........ This licence is subject to the provisions of the Professional Boxing and Wrestling Control Act and to the attached conditions. Secretary,
Fee paid ................................................
Zambia Professional Wrestling Control Board
THE PROFESSIONAL WRESTLING CONTROL REGULATIONS [ARRANGEMENT OF REGULATIONS]
Regulation 1. 2. Title Interpretation
3. Application for registration as a wrestler, official, manager or promoter 4. Contracts between wrestlers and managers, etc., to be approved by Board 5. 6. 7. Applications for licences to hold tournaments Police to be notified of intention to hold a tournament Tickets, etc., not to be sold prior to the issue of a licence
8. Notice to be given to Board of any cancellation or abandonment of a tournament 9. 10. 11. 12. 13. 14. 15. Power of Board to test ability of wrestlers Betting at tournaments prohibited Sale of intoxicating liquor at tournaments prohibited Balance sheets to be submitted to Board Balance sheets in relation to tournaments held for charity, etc. Weighing-in and medical examination Medical practitioner to be in attendance during contests
16. Officials having a pecuniary interest in a contest not to officiate at such contest 17. 18. 19. 20. Referee to report to Board on any disqualification Wrestlers who are disqualified to forfeit their remuneration National Championships Forfeiture of championship titles
21. Amount to be deposited with Board by challenger seeking championship fight 22. 23. 24. Wrestler's benevolent fund Board to impose levy on entrance fees at tournaments Rules
25.
Penalties
Government Notices 313 of 1962 497 of 1964 Statutory Instrument 53 of 1965 Act No.5 of 1991 13 of 1994
SECTION 10-THE PROFESSIONAL WRESTLING CONTROL REGULATIONS Regulations by the Minister
1. These Regulations may be cited as the Professional Wrestling Control Regulations. 2. In these Regulations, unless the context otherwise requires"Board" means the Zambia Professional Wrestling Control Board established by paragraph (b) of section three of the Act. 3. (1) Any person who desires to be registered as a wrestler, official, manager or promoter, shall make application to the Board for registration in the form prescribed by the Minister for this purpose.
Title
Interpretation
Application for registration as a wrestler, official, manager or promoter
(2) Every application to be registered as a wrestler, official, manager or promoter shal be accompanied by a registration fee of(a) (b) (c) (d) 16 fee units for a wrestler; 24 fee units for an official; 80 fee units for a manager; 160 fee units for a promoter;
(3) On receipt of any such application, the Board shall satisfy itself that the particulars required are set out with sufficient clarity and may return the application for amplification or amendment. (4) On registering or re-registering any person as a wrestler, official, manager or promoter, the Board shall issue to such person a certificate of registration in the form prescribed by the Minister for this purpose. (5) All such certificates of registration shall be valid and remain in force until the 31st December next following the date of issue. (6) If any person who has been previously registered as a wrestler, official, manager or promoter under the provisions of this regulation desires to apply for re-registration to the Board in the manner provided for in sub-regulation (1), every such application for re-registration shall be accompanied by the appropriate registration fee specified in sub-regulation (2) (As amended by S.I. No. 5 of 1991 and Act No. 13 of 1994) 4. In the event of a wrestler wishing to enter into a contract with a manager, trainer or promoter, such manager, trainer or promoter, as the case may be, shall before such contract is finalised deposit a draft thereof with the Board for approval. Contracts between wrestlers and managers, etc., to be approved by Board
5. (1) Any person who desires to promote a tournament shall, at least Applications for fourteen days before the date upon which such tournament is to be held, licences to hold apply to the Board for a licence to hold such tournament in the form tournaments prescribed by the Minister for this purpose and shall, at the time of such application, submit to the Board the following: (a) all agreements entered into between himself and the wrestlers who will participate in such tournament; (b) particulars of any fixed amounts to be paid to such wrestlers as remuneration for their services at such tournament; (c) particulars of any fixed amount to be paid by such wrestlers or
other officials to the promoter as a guarantee of their participation in such tournament; (d) particulars of each contest forming part of such tournament with the full names of each wrestler participating therein; (e) the full names of all officials who may be employed in such tournament; (f) specimens of any posters or other advertising matter used or intended to be used in respect of such tournament; (g) a certificate of the physical and mental fitness of each wrestler who will participate in such tournament issued by a registered medical practitioner; (h) particulars of arrangements made for the weighing-in of each wrestler who will participate in such tournament. (2) On receipt of any such application, the Board shall satisfy itself that the particulars required are set out with sufficient clarity and may return the application for amplification or amendment and may call upon the applicant to produce such additional information relating to the holding of such tournament as may be necessary to enable the Board to arrive at a proper decision on the application. (3) In the event of the Board deciding to grant a licence authorising the holding of a tournament, the Board may charge a licence fee of(a) (b) 40 fee units for a local tournament; 80 fee units for an international tournament.
(4) On payment of any licence fee charged by the Board in terms of sub-regulation (3), the Board shall issue to the applicant a licence in the form prescribed by the Minister for this purpose. (As amended by S.I. No. 5 of 1991 and Act No. 13 of 1994)
6. Every person to whom the Board has issued a licence under the provisions of the foregoing regulation shall, at least three days before the date upon which the tournament is to be held, notify the local police authority of his intention to hold such tournament.
Police to be notified of intention to hold a tournament Tickets, etc., not to be sold prior to the issue of a licence
7. (1) No person who desires to promote a tournament shall sell or publish or cause to be sold or published any tickets, vouchers, posters or other advertising matter relating to such tournament unless and until he has been issued with a licence under the provisions of regulation 5.
(2) All tickets, vouchers, posters or other advertising matter to be sold or published in relation to a tournament shall have inscribed on the face thereof the words, "Sanctioned by the Zambia Professional Wrestling Control Board". 8. In the event of a tournament in respect of which a licence has been issued under the provisions of regulation 5 being cancelled or abandoned or curtailed by the failure to carry out any contest scheduled to form part of such tournament, the person to whom such licence was issued shall forthwith notify the Board in writing of such cancellation, abandonment or curtailment and shall give to the Board the reasons therefor. Notice to be given to Board of any cancellation or abandonment of a tournament
9. (1) The Board may, if it is of the opinion that wrestlers engaged to Power of Board participate in a tournament are unevenly matched or for any other reason to test ability of which it may consider necessary, call upon the promoter of such wrestlers tournament to make such arrangements as may be necessary to enable the Board to test the ability of such wrestlers, which tests shall be carried out not later than three days before the date of the tournament. (2) In the event of any wrestler failing to pass such test, any agreement entered into by such wrestler with the promoter of such tournament shall forthwith be cancelled and such wrestler shall have no claim against either such promoter or the Board in respect of any purse money or other remuneration payable to him under such agreement. 10. No person shall carry on the business of a bookmaker at the venue Betting at
of any tournament nor shall any person place or cause to be placed any bet or wager at such venue.
tournaments prohibited
11. No person shall sell or supply or permit the sale or supply of any Sale of alcoholic liquor at the venue of any tournament unless he shall first have intoxicating obtained the approval of the Board. liquor at tournaments prohibited 12. Within fourteen days of the holding of a tournament, the promoter Balance sheets to be submitted thereof shall submit to the Board a properly audited and certified to Board balance sheet and statement of account showing the expenditure incurred in connection with, and the income derived from, such tournament, which balance sheet and statement of account shall be supported by vouchers and such other particulars as the Board may consider necessary. 13. In the case of a tournament in respect of which it has been advertised that a percentage of the profits arising therefrom shall be given to charity, or in which the wrestlers participating therein have wrestled on a share basis, the charities, or the wrestlers concerned, may, upon application in writing to the Board, inspect the balance sheet and statement of account relating to such tournament and the vouchers in support thereof at any time within three months of the date upon which such tournament was held. Balance sheets in relation to tournaments held for charity, etc.
14. (1) The standard weights for professional wrestlers shall be divided Weighing-in into eight divisions as follows: and medical examination Bantam-up to and including 123 pounds. Featherweight-over 123 pounds and up to and including 134 pounds. Lightweight-over 134 pounds and up to and including 145 pounds. Welterweight-over 145 pounds and up to and including 158 pounds. Middleweight-over 158 pounds and up to and including 174 pounds. Light-heavyweight-over 174 pounds and up to and including 191 pounds. Cruiserweight-over 191 pounds and up to and including 208 pounds. Heavyweight-over 208 pounds. Contestants shall wrestle in the weight division corresponding to the natural weight of their bodies. If wrestlers enter in a higher division such
contest may take place by special sanction of the Board. In all championship contests the contestants must be within the weight limits set out for the division entered. (2) Wrestlers participating in a tournament shall weigh-in on a scale approved by the Board and provided by the promoter on the day of such tournament at ten o'clock in the forenoon, in the case of an afternoon contest, and at two o'clock in the afternoon in the case of an evening contest unless, with the approval of the Board, another time for such weighing-in is mutually agreed between the wrestlers: Provided that wrestlers taking part in championship title bouts shall weigh-in in the nude. (3) The promoter shall, at his own expense, arrange for all wrestlers participating in a tournament to be medically examined by a registered medical practitioner appointed either by the Board or the promoter, at the same time as and at the place of weighing-in. (4) At the conclusion of such examination, such medical practitioner shall either grant a certificate to the effect that the wrestler under examination is fit to take part in the tournament or a certificate to the effect that such wrestler is unfit to participate. (5) A wrestler who is certified unfit by a medical practitioner shall not be permitted to take part in a tournament. 15. The promoter of any tournament shall, at his own expense, ensure that a registered medical practitioner appointed either by the Board or the promoter is in attendance at or near the ringside throughout each contest for the purpose of rendering medical aid, if required, or for the carrying out of any examination of a wrestler at the request of the referee. 16. No official shall be permitted to officiate in or at a contest forming part of a tournament if such official shall be pecuniarily interested in such contest, provided, however, that such official shall not be debarred from officiating solely on the ground that he is a member of a sporting club approved of by the Board which is the promoter of such Medical practitioner to be in attendance during contests
Officials having a pecuniary interest in a contest not to officiate at such
tournament. This regulation shall not apply to seconds. 17. In the event of a wrestler participating in a contest being disqualified by the referee or retiring from such contest without sufficient cause, the referee shall, within thirty-six hours of such happening, submit a report in writing to the Board. 18. In the event of a wrestler participating in a contest forming part of a tournament being disqualified by the referee for any cause whatsoever or retiring from such contest without sufficient cause, such wrestler shall forfeit his entitlement to the amount payable to him for his services in such tournament and shall be entitled to receive only his travelling expenses and out-of-pocket expenses and any further remuneration which may be awarded to him by the Board. 19. (1) All National Championships held in Zambia shall be decided under these Regulations and any rules which may be published under regulation 24. (2) The winner of any championship contest shall be the holder of such championship title. (As amended by No. 53 of 1965) 20. A wrestler who is a championship title holder shall retain possession of his title until he is defeated in a championship contest:
contest Referee to report to Board on any disqualification Wrestlers who are disqualified to forfeit their remuneration
National Championships
Forfeiture of championship titles
Provided that a championship title holder shall, subject to the discretion of the Board, immediately forfeit his title(a) if he is convicted of a crime and sentenced to imprisonment without the option of a fine; or (b) if he is proved guilty, to the satisfication of the Board, of gross misconduct as a wrestler; or (c) if he refuses to defend his title after the receipt of a challenge duly approved by the Board and within the time limit set down for such title match by the Board; or (d) if he is prevented by illness, accident or absence abroad from taking part in a contest for his title or fails or is unable to defend his title
within such period as the Board directs; or (e) if, in the case of an area or provincial title holder, he wins a National Championship title in the same weight division. (As amended by No. 53 of 1965) 21. (1) In the case of a National Championship contest, the wrestler who is the title holder shall have the right to demand that the approved challenger shall deposit with the Board or its nominee any sum of money up to the maximum amount fixed for the title held by the title holder before he shall be required to accept such challenge and defend his title; the maximum amounts fixed for the purpose of this regulation are as follows:
Title K Fly . . Bantam Feather Light Welter Middle Light-heavy Heavy .. .. 8 .. 10 .. 12 .. 14 .. 16 .. 18 .. 20 .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 6 .. .. .. .. .. .. .. Amount
Amount to be deposited with Board by challenger seeking championship fight
(2) In the event of such championship title holder having defended his title to the satisfaction of the Board, the money, if any, deposited by the challenger shall be paid to the championship title holder irrespective of the result of the contest. (3) If such championship title holder refuses to accept an approved challenge or, having accepted, fails to wrestle, the money deposited by the challenger under the provisions of this regulation shall be returned to such challenger whose claim to such title may then be considered by the
Board. (As amended by No. 53 of 1965) 22. The Board shall create and administer a wrestler's benevolent fund, Wrestlers' on the executive of which both wrestlers and promoters shall be benevolent fund represented and, for the purpose of creating and maintaining funds for such wrestlers' benevolent fund, the Board may impose a levy not exceeding two and one-half per centum of the amount payable to a wrestler for his services in a tournament. 23. For the purpose of deriving funds to maintain the function of the Board, the Board may impose a levy not exceeding two and one-half per centum of the gross amount received by the promoter of a tournament by way of entrance fees, provided that the Board shall contribute to the wrestlers' benevolent fund from the amount accruing to the Board under this regulation a sum equal to that which is deducted from the amount payable to a wrestler in return for his services in such tournament under the immediately foregoing regulation, which sum shall not, in any event, exceed twenty-five per centum of the entrance fee levy. 24. The Minister may, by statutory instrument, make rules for the purpose of regulating the manner in which and under which any tournament shall be organised and conducted. Board to impose levy on entrance fees at tournaments
Rules
25. Any person who contravenes or fails to comply with any provision Penalties of these Regulations, other than regulation 24, shall be guilty of an offence and liable to a fine not exceeding one thousand five hundred penalty units or imprisonment for a period not exceeding six months. (As amended by Act No. 13 of 1994) SECTION 10-THE PROFESSIONAL BOXING AND WRESTLING CONTROL (INSURANCE) (NO. 2) REGULATIONS Regulations by the Minister 1. These Regulations by the Minister may be cited as the Professional Title Boxing and Wrestling Control (Insurance) (No. 2) Regulations.
2. (1) A person shall not be registered, be re-registered or continue to be Insurance for registered as a boxer, wrestler, official, manager or promoter unless, in boxers, addition to complying with other prescribed requirements, he produces wrestlers, etc. to the Board a personal accident insurance policy which complies with sub-regulation (2). (2) As a minimum, the policy referred to in sub-regulation (1) shall cover the person concerned(a) during training and during tournaments lawfully staged under the laws of the country where such training takes place or such tournaments are staged and shall extend to death or injury occurring during travel by road, air, rail or sea to and from the places where the tournaments are to be held or where the training is to take place; (b) for at least three thousand kwacha for death and one thousand kwacha for permanent disablement. SECTION 10-ZAMBIA PROFESSIONAL BOXING AND Statutory Instrument WRESTLING CONTROL (BENEVOLENT FUND) 65 of 1989 REGULATIONS Regulations by the Minister 1. These Regulations may be cited as the Professional Boxing and Wrestling Control (Benevolent Fund) Regulations. 2. In these Regulations unless the contest otherwise requiresTitle
Interpretation
"Board" means the Zambia Professional Boxing Control Board established by paragraph (a) of section three of the Act; "boxing or wrestling official" means a Board member, committee member, promoter, manager, trainer, referee, Judge, announcer, time-keeper, ring master or a second; "Committee" means the Benevolent Fund Committee appointed by the Board under regulation 23 of the Professional Boxing and Wrestling Control Regulations; Cap. 156 p. 15
"Fund" means the Boxers' Benevolent Fund created by the Board under regulation 23 of the Professional Boxing and Wrestling Control Regulations. 3. (a) (b) (c) (d) (e) The benefits to be payable out of the Fund are as followsa retirement benefit; a survivor's benefit; a funeral grant; a mental and physical disability benefit; and a supplementary saving benefit. Types of benefits
4. (1) A retirement benefit shall be paid to an eligible member who is Retirement not in gainful employment and who has satisfied the Committee that he Benefits has been unable to find regular employment within a specified period of twelve months from the date of retirement. (2) A retirement benefit shall not be paid to a member who has retired from professional boxing or wrestling as a result of disciplinary action taken or confirmed by the Board. (3) Any boxer or wrestler who resumes boxing or wrestling after benefiting from the Fund shall not be eligible for a further retirement benefit unless he reimburses the Fund of any benefit paid to him earlier on retirement. 5. (1) A survivor's benefit shall be payable to the survivors of a deceased member upon fulfilment of any of the following conditions(a) testimony of at least two members of the Board or two members of the Fund confirming the death of the member; (b) production of a death or burial certificate or both; Survivor's benefit
(c) production of a letter from the Local Chief or area Council Secretary confirming the death of the deceased; (d) proof of appointment of administrator of a deceased's estate or
grant of probate of will of deceased. (2) A survivor's benefit shall be paid to the immediate members of the family of the deceased member in the following order(a) (b) (c) (d) beneficiaries named in his will; widow; children; parents or legal guardians or both.
6. (1) Claims for a funeral grant must be made not later than six months Funeral grants after the death of member. (2) A claim under this regulation may only be accepted by the Committee if made by any of the following persons on a prescribed form(a) the executor or administrator of the deceased person's estate;
(b) any person or relative certified to have been responsible for the payment of the funeral expenses of the deceased member. 7. (1) Members who are unable to continue with their professional Mental and boxing and wrestling due to mental or physical disability or both may be physical paid a mental or physical disability benefit. disability (2) A claim for a mental or physical disability benefit may be made on a prescribed form at any time regardless of the age of member. (3) A claim for a mental or physical disability benefit shall be supported by a medical certificate issued by a qualified and registered medical practitioner at a Government hospital certifying that the member in respect of whom the claim is made is permanently incapable of carrying out normal duties.
(4) Where the member's mental or physical disability or both are acute the member's next of kin may apply for disability benefits on his behalf. 8. (1) A member may contribute to the Fund's Supplementary Scheme. Supplementary savings benefits (2) A supplementary saving benefit may be paid to a contributing member either after the retirement of the member from boxing or wrestling after suffering mental or physical disability or both certified by a qualified and registered medical practitioner at a Government hospital. 9. (1) The amount of any benefit to be paid out shall be determined by Quotation of the Committee. benefits (2) Any member aggrieved by a decision of a Committee under sub-regulation (1) may appeal to the Board and if not satisfied by the decision of the Board may appeal to the Minister whose decision shall be final. 10. All claims for benefits from the Fund shall be made on the following prescribed forms respectively as specified in the Schedule(a) (b) (c) Retirement benefit: Form No. ZPBWCB/BENFUND/01 Survivors' benefit: Form No. ZPBWCB/BENFUND/02 Funeral grant: Form No. ZPBWCB/BENFUND/03 Application forms
(d) Mental and physical disability benefit: Form No. ZPBWCB/BENFUND/04 (e) Supplementary saving benefit: Form No. ZPBWCB/BENFUND/05
SCHEDULE Form ZPBWCB/BENFUND/01

ZAMBIA PROFESSIONAL BOXING AND WRESTLING CONTROL BOARD BENEVOLENT FUND RETIREMENT BENEFIT CLAIM FORM
NOTES: Please state clearly on this form: (a) Your names in full including any nick names for the purpose of boxing or wrestling. (b) (c) (d) National Registration card particulars. Date turned professional. Name and address of the manager.
(e) The postal address to which the benefit must be sent, if to collect please state point of collection. These notes should be carefully noted as failure to comply with them may result in delay in payment of your claim.
1. (a) (b) (c) (d) (e) (f) (g) (h) (i)
Name and address of claimant (in block capitals) Surname Other names Ring names (if any) National Registration Card Number Date of birth Place of birth State whether boxer or wrestler Present postal address Residential address
2. (a)
Claimant's present (or last) Manager Last manager's full name and address
(b) (c)
Weight division Date of retirement
3.
Claim for benefit
I hereby claim a retirement benefit under the Professional Boxing and Wrestling Control Act and declare that the particulars in support of this claim are correct to the best of my knowledge and belief. I previously claimed and received a Retirement Benefit in ......................... Date ............................................. Claimant's Signature....... Delete if not applicable.
4. Sworn/affirmed by the said before me this ............................ day of *Attesting witness signature Full Name Designation Official stamp *NB ATTESTING WITNESS
at .................
(Senior Public Officer, Labour Officer, Social Development Officer in the Administrative Grade, Minister of Religion, Legal Practitioner, Bank Manager, Medical Practitioner or Commissioner for Oaths.
For Official use only Not approved/approved Amount Date This form should be sent to: The Secretary
Zambia Professional Boxing and Wrestling Control Board P.O. Box 50558 Lusaka
Form ZPBWCB/BENFUND/02
ZAMBIA PROFESSIONAL BOXING AND WRESTLING CONTROL BOARD BENEVOLENT FUND SURVIVOR'S BENEFIT CLAIM FORM NOTES Please state clearly on this form: (a) (b) (c) (d) (e) Your names in full including any nick names for the purpose of boxing or wrestling. National Registration Card particulars. Date you turned professional. Name and address of the manager. The postal address to which benefit must be sent.
If to collect please state point of collection.
These notes should be carefully noted as failure to comply with them may result in delay in payment of your
1. (a) (b) (c) (d) (e) (f)
Name and address of claimant (in block capitals) Surname Other names National Registration Card Number Date of birth Present postal address Residential address
2.
Particulars of deceased member (in block letters)
(a) Surname (as on NRC) (b) (c) (d) (e) Other names Ring name (if any) National Registration Card Number Date of birth
(f) (g) (h) (i) (j) ... (k)
Place of birth Date of death Date of burial/cremation State whether boxer or wrestler
Date of joining the Fund: Month ......................................................................................................................................Year ................ Last Managers full name and address
(l)
Weight division
3.
Claim for Benefit
I hereby claim a survivor's benefit under the Professional Boxing and Wrestling Control Act and declare th particulars in support of this claim are correct to the best of my knowledge and belief. Date Claimant's Signature ................................................
4. Sworn/affirmed by the said before me this. day of ........................... at *Attesting witness's signature Full name Designation Official stamp *ATTESTING WITNESS
(Senior Public Officer, Labour Officer, Social Development Officer in the Administrative Grade, Minist Religion, Legal Practitioner, Bank Manager, Medical Practitioner or Commissioner for Oaths).
Official Use Only Not approved/approved Amount Date This form should be sent to: The Secretary
Zambia Professional Boxing and Wrestling Control Board P.O. Box 50558 Lusaka
ZAMBIA PROFESSIONAL BOXING AND WRESTLING CONTROL BOARD BENEVOLENT FUND FUNERAL GRANT CLAIM FORM NOTES Please state clearly on this form: (a) Your names in full including any nick names for the purpose of boxing or wrestling. (b (c) (d) National Registration Card particulars. Date turned professional. Name and address of the manager.
(e The postal address to which benefit must be sent, if to collect please state point of collection. (f) These notes should be carefully noted as failure to comply with them may result in delay in payment of your claim.
1. (a) (b (c) (d) (e) (f)
Name and address of Claimant (in block capitals) Surname Other names National Registration Card Number Date of birth Present postal address Residential address
2. (a) (b) (c) (d)
Particulars of deceased member (in block capitals) Surname (as on NRC) Other names Ring Name (if any) National Registration Card Number
(e) (f) (g) (h) (i) (j) (k) (l)
Date of birth Place of birth Date of death Date of burial/cremation State whether boxer or wrestler Date of joining the Fund: Month Year ......................... Last manager's full name and address Weight division
3.
Claim for Benefit
I hereby claim a funeral grant under the Professional Boxing and Wrestling Control Act and declare that the particulars in support of this claim are correct to the best of my knowledge and belief. Date Claimant's Signature
4. Sworn/affirmed by the said me this .......................... day of at
before
*Attesting witness's signature Full name Designation Official stamp *ATTESTING WITNESS (Senior Public Officer, Labour Officer, Social Development Officer, in the Administrative Grade, Minister of Religion, Legal Practitioner, Bank Manager, Medical Practitioner or Commissioner for Oaths).
Official Use Only Not approved/approved Amount
Date. This form should be sent to: The Secretary Zambia Professional Boxing and Wrestling Control Board P.O. Box 50558 Lusaka
ZAMBIA PROFESSIONAL BOXING AND WRESTLING CONTROL BOARD BENEVOLENT FUND MENTAL/PHYSICAL DISABILITY BENEFIT CLAIM FORM NOTES Please state clearly on this form: (a) (b) (c) (d) Your names in full including any nick names for the purpose of boxing or wrestling. National Registration Card particulars. Date you turned professional. Name and address of the manager.
(c) The postal address to which benefit must be sent, if to collect state point of collection. These notes should be carefully noted as failure to comply with them may result in delay of your claim.
1. (a) (b) (c) (d) (e) (f) (g) (h) (i) (j) (k) (l) (m)
Particulars of Members (in block capitals) Surname Other names Ring names (if any) National Registration Card Number Date of birth Place of birth State whether boxer or wrestler or official Date of joining the Fund: Month Weight division If retired, indicate date when retired and reason Present postal address Residential address ............................................... Last manager's full name and address Year ......................... (as on N R C)
2. (a) (b) (c)
Particulars of: Person to whose care and control member is handed over Date of order Court at which order was made
3. Particulars of Applicant (in block capitals) (a) (b) (c) (d) (e) (f) (g) Surname. Other names National Registration Card Number Postal address Residential address Age ........................... (If over 21, state 'Over 21') Relationship, if any, to the member
4.
Claimant for Benefit
I hereby claim a Mental/Physical Disability under the Professional Boxing and Wrestling Control Act and declare that the particulars in support of this claim are correct to the best of my knowledge and belief. I previously claimed and received a Mental/Physical Diability Benefit in Date ................................................ * (Delete if not applicable) Claimant's Signature
5. Sworn/affirm by the said before me this day of at * Attesting witness's signature.................................... Full Name designation
* NB ATTESTING WITNESS (Senior Public Officer, Labour Officer, Social Development Officer in the Administrative Grade, Minister of Religion, Legal Practitioner, Bank Manager, Medical Practitioner or Commissioner for Oaths).
Official use only Not approved/approved Amount Date This form shall be sent to: The Secretary Zambia Professional Boxing and Wrestling Control Board P.O. Box 50558 Lusaka
ZAMBIA PROFESSIONAL BOXING AND WRESTLING CONTROL BOARD BENEVOLENT FUND SUPPLEMENTARY SAVING BENEFIT CLAIM FORM Please state clearly on this form: (a) Your names in full including any nick names for the purposes of boxing and wrestling. (b) (c) (d) National Registration Card particulars. Date turned professional. Name and address of the manager.
(e) The postal address to which benefit must be sent. If to collect state point of collection. These notes should be carefully noted as failure to comply with them may result in delay in payment of your claim. 1. Name and address of claimant (in block capitals) (a) (b) (c) (d) (e) (f) (g) (h) Year (i) (j) (k) (l) (m) Surname Other names Ring names (if any) National Registration Card Number Date of birth Place of birth State whether boxer or wrestler or official Date of joining the Fund: Month Weight Division If retired, indicate date when retired and reason Present postal address Residential address Manager's full name and address
2.
Claim for Benefit
I hereby claim a Supplementary Benefits Savings under the Professional Boxing and Wrestling Control Act and declare that the particulars in support of this claim are correct to the best of my knowledge and belief. I previously claimed and received a supplementary saving benefit in: ................................................................ Date (Delete if not applicable)
3. Sworn/affirmed by the said before me this . day of........................................................... * Attesting witness signature Full name Designation Official stamp * ATTESTING WITNESS (Senior Public Officer, Labour Officer, Social Development Officer in the, Administrative Grade, Minister of Religion, Legal Practitioner, Bank Manager Medical Practitioner or Commissioner for Oaths).
For official use only Not approved/approved Amount Date This form shall be sent to: The Secretary Zambia Professional Boxing and Wrestling Control Board P.O. Box 50558 Lusaka
CHAPTER 157 THE CASINO ACT

Section 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. Short title Interpretation Issue of casino licences Issue of temporary casino licences Conditions under which licences shall be granted Revocation of casino licences Transfer and variation of casino licences Casino inspectors Powers of inspectors Gaming by minors prohibited Submission of statements of accounts Assessment by the Ministry Non-application of certain provisions Tax to be recovered as a civil debt Fees Offences Regulations Repeal of Casino Act and Gaming Machines (Prohibition) Act
CHAPTER 157
CASINO
Acts No.13 of 1992 An Act to provide for the granting and revocation of casino licences and 6 of 1994 temporary casino licences, to authorise the playing of games and the sale 13 of 1994 of intoxicating liquor in licensed premises; to specify the conditions 5 of 2000 which may be attached to a casino licence to exempt the holder of a casino licence from certain provisions of the Liquor Licensing Act; to provide for the appointment of casino inspectors; to repeal the Casino and Gaming Machines (Prohibition) Acts, respectively and to provide for matters connected with and incidental to the foregoing. [1st April, 1992]
1. This Act may be cited as the Casino (Amendment) Act, 2000, and shall be read as one with the Casino Act, in this Act referred to as the principal Act. 2. In this Act, unless the context otherwise requires"betting" means wagering or staking any money or valuable thing by or on behalf of any person, or expressly or impliedly undertaking, promising or agreeing to wager or stake by or on behalf of any person, any money or valuable thing on any horse race, or other race, fight, game, sport, lottery or exercise or any other event or contingency; and "bet" and "to bet" shall be construed accordingly; "card game" means any game of cards specified in a casino licence; "casino" means any premises kept and managed for the purpose of gaming; "casino licence" means a licence issued under section three or four; "casino inspector" means any person appointed as an inspector under section eight; "gaming" means the playing of a game of chance for winnings in money or moneys worth, and the word "game" shall be construed accordingly; "game of chance" shall not include any athletic game or sport; "gaming machine" means a machine for playing a game of chance, being a game which requires no action by any player other than the actuation or manipulation of the machine; "gross revenue" means the total income derived or received from gaming at a casino and includes credit extended to customers, any hiring charge or commission paid on gaming machines and the entry fee to the casino less only the total of all sums paid out as losses by the licensee in respect of games played under a casino licence; "intoxicating liquor" has the meaning assigned to it in the Liquor Licensing Act;
Short title Cap. 157
Interpretation
Cap. 167
"licensed premises" means any premises in respect of which a casino licence is in force; "licence" means a licence issued under section three; "licensee" means the holder of a valid casino licence or temporary casino licence; "quarter-year" means one quarter of a calendar year; "temporary casino licence" means a licence issued under section four; "winnings" include any amount deducted for the benefit of the licensee from any stake or bank in any game not being an amount deducted from the receipts of any slot machine. 3. (1) No person shall operate a casino without a valid casino licence issued under this Act. (2) Any person who wishes to operate a casino shall apply to the Minister who may, subject to the other provisions of this Act and to the payment of such fees as may be prescribed, and on such terms and conditions as he may consider necessary, issue a casino licence to any person. (3) A casino licence shall remain in force for such period, not exceeding five years, as is specified in the casino licence. (4) A casino licence shall authorise(a) the playing in or on such part of the licensed premises as is specified in the casino licence of such games, tables and gaming machines as are specified in it; (b) subject to the provisions of the Hotels Act, the carrying on and maintenance of a hotel on the licensed premises; (c) the sale on the licensed premises to any person at any time of the Cap. 153 Issue of casino licence
day and night of intoxicating liquor for consumption on the licensed premises; and (d) the carrying on by the licensee in the licensed premises of any trade or business specified in the casino licence. (5) A casino licence shall specify the number of tables authorised under the casino licence for the playing of any game and the number of gaming machines authorised under the casino licence. (6) No licensee shall operate or allow to be operated, any tables for the playing of any game or gaming machines in excess of the number authorised under the casino licence. (7) Any person who(a) keeps or allows to be kept on any premises a gaming machine for the purpose of gaming without a casino licence; or (b) contravenes any of the provisions of this section;
shall be guilty of an offence and shall be liable to a fine not exceeding two hundred and fifty penalty units or to imprisonment for a period not exceeding two years or to both. (8) When any person is convicted of an offence under subsection (7) the court which convicts that person shall, in addition to any penalty imposed under subsection (7), order the forfeiture to the Government of the tables on gaming machines which were the subject matter of the offence. (As amended by Act No. 13 of 1994) 4. (1) The Minister may, on application, issue a temporary casino licence to any person, subject to the payment of such fees as may be prescribed and on such terms and conditions as the Minister may consider necessary. (2) A temporary casino licence shall remain in force for such period, not exceeding thirty days, as is specified in it. Issue of temporary casino licence
(3) A temporary casino licence shall authorise(a) the playing in or on the licensed premises as is specified in the licence of any game specified in the licence, but shall not include gaming machines; (b) the sale on the licensed premises to any person at any time, during the playing of such games, of intoxicating liquor for consumption on the licensed premises; and (c) the carrying on by the licensee in the licensed premises of any trade or business specified in the licence. 5. (1) The Minister shall not grant a casino licence under section three Conditions to any person unlessunder which a licence shall be granted (a) the premises in respect of which the application for a casino licence is made are structurally adopted for use as a casino; (b) and proper provision has been made for the sanitation of the casino;
(c) proper provision has been made for surveillance cameras to be fitted for the monitoring of the game and other activities in the gaming premises. (2) The licensee, throughout the currency of the casino licence, shall carry on and maintain, on the licensed premises a hotel of such size and standard as may be specified in the casino licence. (3) The Minister may prescribe other conditions to a casino licence(a) relating to the method of operation of any game;
(b) relating to the operation of any hotel carried on and maintained on the licensed premises;
(c) for the purposes of ensuring that the operation of the licensed premises does not detract from the natural beauty and amenities of any place near the licensed premises; (d) for the purposes of ensuring that the operation of the licensed premises accords with decency, dignity, good taste and honesty; (e) requiring the keeping of such books, forms, accounts and records relating to casino operations in such form as he may prescribe; and (f) relating to any other matters which he may consider necessary or incidental to a casino licence. 6. (1) The Minister may, revoke a casino licence whereRevocation of casino licence
(a) the licensee or any employee of the licensee has been convicted of an offence under this Act or of an offence relating to the sale of intoxicating liquor on the licensed premises; (b) the licensee has contravened or failed to comply with any of the conditions of the casino licence; (c) the licensee has failed to carry on and to maintain a hotel in accordance with the conditions of the casino licence; or (d) the licensee has failed to pay the licence fees payable for the licence and for the games in operation. (2) The Minister shall not revoke a casino licence under paragraph (a) of subsection (1) unless(a) the licence has been informed in writing of the grounds upon which it is proposed to revoke the casino licence and shall give the licensee an opportunity of making representations, in writing, in relation to the proposed revocation; (b) he is satisfied that the offence is of such a serious nature or was
ommitted in circumstances of such seriousness as in his opinion warrants such revocation; or (c) that the licensee or any employee of the licensee has on a previous occasion been convicted of an offence under this Act. 7. (1) A casino licence shall be transferable only with the consent of the Transfer and Minister, which consent may be given or withheld in the absolute varification of a discretion of the Minister. casino licence (2) The Minister may, on the application of the licensee, at any time, during the currency of a casino licence, vary any condition of the casino licence: Provided that where the conditions to be varied relate to the fees for the games listed in the licence, the Minister shall before having such conditions varied, direct an inspection of the games to be carried out. 8. (1) In order to ensure compliance with the provisions of this Act, or Casino inspectors any condition imposed under this Act, the Minister shall appoint such number of inspectors as he may consider necessary. (2) Every inspector shall be provided with a certificate of appointment which shall be prima facie evidence of the inspector's appointment as such. (3) An inspector shall on demand by any person affected by the exercise of an inspector's powers under this Act, produce for inspection the certificate referred to in subsection (2). 9. (1) In the performance of his duties an inspector shall have powerPowers of Inspectors
(a)
at any time to enter and inspect the licensed permises;
(b) to inspect all equipment and supplies in or about the licensed premises;
(c) on demand to have access to and inspect, examine and audit all papers, books and records of the licensee representing the gross revenue produced by the games played under the casino licence; (d) to seize and remove from the licensed premises any equipment or supplies for the purpose of examination and inspection; (e) to be present at and supervise the counting at the close of business of the casino on any day of the money received by the casino in gaming during that day; and (f) to be present at and supervise the calculation of the gross winnings made on any day. 10. (1) Any person who on any licensed premisesGaming by minors prohibited
(a) plays any game with or permits the playing of any game by any young person; (b) allows any young person to enter any part of the licensed premises where any game is played, whether for the purpose of gaming or otherwise; (c) employs in the organisation or for the management of any game any young person; shall be guilty of an offence and liable on, conviction, to a fine not exceeding eight-hundred penalty units or to imprisonment for a period not exceeding two years, or to both. (2) In this section "young person" means any person under the age of eighteen years. (3) It shall not be a defence for any licensee or employee of the licensee charged with an offence under subsection (1) that he did not know of the presence of any young person or that such young person was present without his consent, unless he shows, to the satisfaction of the court that he took all reasonable steps to ensure that no young person was admitted to such licensed premises.
(As amended by Act No. 13 of 1994) 11. (1) The Minister may at any time, and shall at least once in every twelve months, require a licensee to submit to himSubmission of statement of account, etc.
(a) a properly audited statement of accounts stating the gross winnings of the casino on each day, or during such other period as he may require; (b) a declaration that the fees payable in respect of the gross winnings of any particular period calculated in accordance with this Act have been paid; and (c) any other information which the Minister may require relating to the operation of a casino. (2) Any person who refuses or fails to submit a statement of accounts as and when required by the Minister or who knowingly submits a false or misleading statement shall be guilty of an offence and liable to a fine not exceeding four thousand penalty units or to imprisonment for a term not exceeding one year, or to both. (As amended by Act No. 13 of 1994) Assessment by 12. (1) Not withstanding any other provisions of this Act, if the the Minister Minister has reason to believe that any amount of fees has been incorrectly computed by a licensee or when any licensee fails in any month to submit to the Minister a statement in accordance with section eleven, the Minister may assess the amount of fees, if any, payable by the licensee as may, in the circumstances, appear proper to the Minister under the provisions of this Act. (2) Where any fees are assessed by the Minister in accordance with this section, the Minister shall give notice in writing to the licensee stating the amount so assessed and such amount of fees shall be due and payable by the licensee within such period following the date of such notice as the Minister may, in the notice, direct: Provided that a licensee may appeal within thirty days of the date of such notice to the High Court.
13. (1) The holder of a casino license shall not require any licence under the Liquor Licensing Act for the purpose of the sale of intoxicating liquor and nothing in the said Act relating to the hours of sale of intoxicating liquor shall apply to sales of intoxicating liquor under a casino licence.
Non-application of certain provisions Cap. 167
(2) Subject to the provisions of subsection (1), a casino licence shall, for Cap. 167 the purpose of parts VII and IX of the Liquor Licensing Act, be deemed to be a licence under that Act and licensed premises under this Act shall be deemed to be licensed premises under the Liquor Licensing Act. (3) The holder of a casino licence shall not be required to hold a licence Cap. 393 under the Trades Licensing Act in respect of any trades specified in the casino licence and the provisions of that Act shall not apply in relation to any sale of goods under a casino licence. (4) For the purpose of subsection (3) of section one of the Trades Licensing Act, a casino licence shall not be deemed to relate to any goods. 14. Without prejudice to any other remedy, any tax, penalty or other sum payable under this Act shall be a debt due to the Government and may be recovered as a civil debt by a suit in the name of the Attorney-General. Cap. 393
Tax to be recovered as civil debt
15. (1) There shall be paid in respect of every casino licence issued Fees under this Act an annual fee of one thousand fee units and the following additional licence fees: (a) In respect of each year during the currency of the casino licence there shall be paid(i) the sum of 300 fee units where one table or wheel, other than a card game, is specified in the casino licence; (ii) the sum of 400 fee units for each table or wheel where two or more tables or wheels, other than a card game, not exceeding ten, are specified in the casino licence; and (iii) the sum of 500 fee units for each table or wheel in excess of ten where the number of tables or wheels or a game, other than a card game,
specified in the casino licence is more than ten. (b) In respect of each quarter-year during the currency of the casino licence(i) the sum of 250 fee units for each table authorised under the casino licence for the playing of card games; and (ii) the sum of 200 fee units for each gaming machine authorised to be operated under the casino licence; (c) In respect of each quarter-year during the currency of the casino licence 20 per centum of the gross revenue for a quarter year. (d) A fee of 500 fee units in respect of each temporary casino licence issued. (2) The fees specified in paragraph (a) of subsection (1) shall be paid on or before the commencement of each year to which the fees relate. (As amended by Acts No. 6 of 1994 and No. 13 of 1994) 16. (1) Any licensee and any employee or agent of such licensee who- Offences (a) makes any false entry in a statement or return required to be submitted to the Minister under this Act; or (b) makes any false entry in any account of the casino, with the intention that the same shall be taken to be true; shall be guilty of an offence and shall be liable upon conviction(i) in the case of an individual, to imprisonment for a period not exceeding six months or to a fine not exceeding two thousand penalty units; or (ii) in the case of a corporation or limited company to a fine not exceeding four thousand penalty units. (2) Any person who obstructs an inspector in the execution of his duties and powers under section nine of this Act shall be guilty of an offence and shall be liable upon conviction to imprisonment for a period not exceeding six months or to a fine not exceeding two hundred penalty units.
(3) Where an employee or agent of the licensee commits an offence under this section, the licensee, and where the licensee is a corporation or limited company, any director and any principal officer of the corporation or limited company, shall be deemed to have abetted the commission of the offence unless he establishes to the satisfaction of the court that the offence was committed without his knowledge and that he could not reasonably be expected to know that the offence was being committed. (As amended by Act No. 13 of 1994) 17. The Minister may, by statutory instrument, make regulations-
(a) prescribing the manner in which games will be played in or on such part of the licensed premises; (b) prescribing the procedure and format of applying for the issue, renewal or variation of any licence under this Act; (c) prescribing the format in which books, forms and accounts shall be maintained by the licensee and also the format in which returns and statements shall be submitted to the Minister in accordance with this Act; and (d) suspending in whole or in part the fees payable under the Act; (e) granting a refund, rebate or remission of the whole or any part of the fees payable under the Act; (f) generally for the carrying into effect of the purposes of this Act. (As amended by Act No. 5 of 2000)
CHAPTER 158 THE THEATRES AND CINEMATOGRAPH EXHIBITION ACT

Section 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. Short title Interpretation Licensing of theatres and safety of persons attending thereat Supervision to ensure safety Duty of occupier, etc., of theatre Power of entry Establishment of Film Censorship Boards Description of cinematograph scene to be submitted Appeal to the President Penalties Application Regulations
CHAPTER 158
THEATRES AND CINEMATOGRAPH EXHIBITION
54 of 1929 1 of 1932 An Act to regulate and control theatres and cinematograph exhibitions; Government and to provide for matters incidental thereto or connected therewith. Notices 302 of 1964 [1st January, 1930] 497 of 1964 Statutory Instrument 70 of 1964 Act No.13 of 1994 1. This Act may be cited as the Theatres and Cinematograph Exhibition Act. Short title
(As amended by No. 1 of 1932) 2. In this Act, unless the context otherwise requires"cinematograph exhibition" means any exhibition of pictures or other optical effects presented by means of a cinematograph or other similar apparatus; "Licensing Officer" means the District Secretary of the District in which any theatre is situate or such other person as the Minister shall, by Gazette notice, appoint for the purposes of this Act; "stage play" includes any tragedy, comedy, farce, opera, burletta, interlude, melodrama, pantomime, dialogue, prologue, epilogue, concert or other dramatic or musical entertainment or any part thereof; "theatre" means any building, tent or other erection open to the public, gratuitously or otherwise, where a stage play or cinematograph exhibition is performed or presented. 3. No theatre shall be used for the performance of stage plays or the presentation of cinematograph exhibitions without the licence in writing of the Licensing Officer having been previously obtained. If the Licensing Officer shall consider that the safety and convenience of persons attending such performances or presentations at such theatre are adequately provided for, he may grant such licence either generally or in respect of any single performance or presentation or for such period not exceeding twelve months as he may think fit. The Licensing Officer may refuse to grant such licence or may grant it subject to such terms and conditions as he may think desirable for the purpose of ensuring the safety and convenience of the persons attending such performances or presentations at such theatre. Any such licence may be revoked by the Licensing Officer if he shall consider that the safety or convenience or persons attending such performances or presentations is not adequately provided for. Licensing of theatres and safety of persons attending thereat Interpretation
4. Where the Licensing Officer grants any licence as aforesaid upon Supervision to condition that the stage play or cinematograph exhibition be conducted ensure safety under the superintendence of some officer or person designated in the licence, then it shall be lawful, at any time, for the officer or person so designated to order such stage play or cinematograph exhibition to cease
or to give any other direction which he may think necessary for ensuring the safety of the premises at which the stage play or cinematograph exhibition takes place and of the persons attending the stage play or cinematograph exhibition. Duty of 5. The occupier or other person who manages or receives the rent of any theatre at which it may be proposed to perform or present any stage occupier, etc., play or cinematograph exhibition shall ascertain whether the prescribed of theatre licence has been obtained and, if so, the terms of such licence. Such occupier or person shall give notice to the Inspector-General of Police or the officer in charge of the nearest police station, if and so soon as he has reason to believe that there is an intention to proceed with any stage play or cinematograph exhibition either without the prescribed licence or without everything having been done which may be required under such licence or under this Act or under any rules made thereunder to be done previous to such stage play or cinematograph exhibition taking place. 6. A Licensing Officer, a police officer, or any officer authorised for Power of entry the purpose by the Minister by Gazette notice, may at all reasonable times enter any premises in which he has reason to believe that any stage play or cinematograph exhibition is being or is about to be performed or presented with a view to seeing whether the provisions of this Act or any rules made thereunder and the conditions of any licence granted under this Act have been complied with. Any person preventing or obstructing the entry of a police officer or any officer appointed as aforesaid, shall be guilty of an offence under this Act. (As amended by G.N. No. 302 of 1964) 7. The Minister may, by Gazette notice, appoint one or more Film Establishment Censorship Boards (hereinafter referred to as "the Board") consisting of of Film such number of persons as the Minister may determine. Censorship Boards (As amended by G.N. No. 302 of 1964 and S.I. No. 70 of 1964) 8. (1) A descriptive title of every picture or series of pictures intended to be presented at any cinematograph exhibition and copies of all posters advertising the same shall be sent to the Board with an account of the theatre where and the time when the exhibition is intended to be presented. (2) The Board may inspect or cause to be inspected any picture or Description of cinematograph scene to be submitted
Power to
pictures, and no picture or series of pictures shall be presented at any inspect cinematograph exhibition nor shall any posters advertising such exhibition be displayed without a permit from the Board previously had and obtained. 9. An appeal shall lie to the President in respect of any act or decision Appeal to the of a Licensing Officer or the Board done or made or omitted to be done President or made under the provisions of this Act and the President may confirm, disallow or vary such act or decision of a Licensing Officer or the Board or direct him to act in such manner as to the President shall seem fit, subject to the provisions of this Act and any regulations made thereunder. 10. Every omission or neglect to comply with and every act done or attempted to be done contrary to the provisions of this Act or of any regulations made thereunder, or in breach of the conditions and restrictions subject to or upon which any licence or permit has been issued, shall be deemed to be an offence against this Act and for every such offence the offender shall be liable to a fine not exceeding nine hundred penalty units or to imprisonment with or without hard labour for a term not exceeding three months. 11. This Act shall not apply to a performance of a stage play or cinematograph exhibition to which the public are not admitted either gratuitously or otherwise. (As amended by Act No. 13 of 1994) 12. The President may, by statutory instrument, make regulationsRegulations Penalties
Application
(a) prescribing the form of any licence or permit under this Act and the fees payable therefor; (b) prescribing conditions to be observed in reference to the erection, alteration and equipment of any theatre; (c) prescribing conditions to be observed in reference to the safety from fire or otherwise of any theatre or for the safety, convenience and control of persons attending any such theatre; (d) prescribing the quorum, powers and duties of the Board and the area for which such Board is constituted; (e) generally for the better carrying into effect of the provisions of this Act.
(As amended by G.N. No. 302 of 1964)

SUBSIDARY LEGISLATION
THEATRES AND CINEMATOGRAPH EXHIBITION SECTIONS 7 AND 12-THE FILMS CENSORSHIP REGULATIONS Regulations by the President
Government Notices 13 of 1930 41 of 1932 66 of 1932 137 of 1932 54 of 1936 113 of 1937 33 of 1938 119 of 1938 166 of 1939 171 of 1945 234 of 1960 243 of 1960 39 of 1961 38 of 1962 302 of 1964 497 of 1964 Statutory Instruments 70 of 1964 237 of 1966 21 of 1979 75 of 1979 Act No. 13 of 1994)
1. These Regulations may be cited as the Films Censorship Regulations. 2. (1) The chairman or not less than two members of any Film Censorship Board (hereinafter referred to as "the Board") shall form a quorum. (2) Questions before the Board shall be decided by a majority of votes of those present and voting and, in the case of equality of votes, the
Title
Film Censorship Board
chairman shall have a casting vote. (3) If only two members of the Board are present and voting then, in the case of equality of votes on any question, such question shall be brought up again for decision before not less than three members of the Board. (4) The Minister may appoint a member of the Board to be chairman of the Board. (No. 234 of 1960 as amended by No. 243 of 1960, No. 302 of 1964 and S.I. No. 70 of 1964) 3. (1) It shall be the duty of the Board to examine every cinematograph Duties of Board picture duly submitted to it for examination with a view to such cinematograph picture being approved for purposes of exhibition to the public. (2) On the completion of the examination of any cinematograph picture, the Board may(a) approve the same as suitable for exhibition to the public in accordance with the following classifications: "U" suitable for universal exhibition; "A" suitable for exhibition to adults, children between the ages of four and sixteen years to be admitted only when accompanied by a parent or other responsible adult; "X" suitable for exhibition to adults only, children between the ages of four and sixteen years not to be admitted whether accompanied by an adult or not; (b) refuse to approve the same;
(c) agree to approve the same, subject to such excisions from the cinematograph picture as it thinks proper, and thereafter to classify such cinematograph picture in accordance with the provisions of paragraph (a) and to mark the same in accordance with the provisions of sub-regulation (3). (3) If the Board shall approve a cinematograph picture as suitable for
exhibition to the public in accordance with the provisions of paragraph (a) of sub-regulation (2), it shall affix to such cinematograph picture the mark "U", "A" or "X", as the case may be. (4) No person shall exhibit or cause to be exhibited any cinematograph picture classified and marked in accordance with the provisions of this regulation without the mark affixed thereto. (5) No person exhibiting or causing to be exhibited a cinematograph picture(a) classified and marked "A" in accordance with the provisions of this regulation shall permit the attendance of children between the ages of four and sixteen years at such exhibition unless accompanied by a parent or other responsible adult; (b) classified and marked "X" in accordance with the provisions of this regulation shall permit the attendance at such exhibition of any child between the ages of four and sixteen years whether accompanied by an adult or not. (6) If the Board approves a cinematograph picture subject to the making of excisions therein and the handing over to the Board of such excised portions, the person submitting the said picture for approval may elect whether not to exhibit the picture at all or to exhibit it after having caused the said excisions to be made and so handed over. (7) The approval of the Board shall not be given with respect to any cinematograph picture or any part thereof which is made in the Republic of South Africa or by or in association with any company formed in the Republic of South Africa, or which in its opinion depicts any matter that is contrary to public order or decency, or the exhibition of which would for any other reason be undesirable in the public interest. In the case of a cinematograph picture the exhibition of which is intended to be accompanied by a mechanical reproduction of sound (whether or not the device or arrangement for such reproduction is an integral part of the cinematograph picture), the Board may take such reproduction of sound into consideration in determining whether or not the cinematograph picture should be approved, or in determining what excisions, if any, should be made therefrom.
(8) (a) On approval by the Board of any cinematograph picture, a permit shall be issued in the form in the Schedule, on payment of a fee of 125 fee units to the Licensing Officer. Such permit shall accompany all cinematograph pictures which are passed by the Board for exhibition in Zambia. (b) Not earlier than the hour appointed for the commencement of each performance there shall be exhibited on the screen, prior to the exhibition of any picture, a certificate in the following form: This is to certify that all films shown in this theatre at this performance have received the approval of the Film Censorship Board of Zambia for exhibition and the prescribed fee of 125 fee units has been paid in respect of each such film. (9) No fee shall be payable for a permit to exhibit a cinematograph picture which is to be exhibited at an entertainment for which no charge is made for admission or an entertainment the proceeds of which, after deducting reasonable expenses, are devoted to philanthropic or charitable purposes. (As amended by Nos. 41 and 137 of 1932, No. 54 of 1936, No. 119 of 1938, No. 166 of 1939, No. 234 of 1960, No. 38 of 1962, No. 237 of 1966, S.I. Nos. 21 and 25 of 1979, and Act No. 13 of 1994) 4. If any matter other than a certificate of approval or the mark "U", "A" or "X" is added to a cinematograph picture after it has been approved by the Board, the picture shall, before exhibition or further exhibition, be again submitted to the Board for examination, and unless and until it has been again approved by the Board it shall be deemed not to have been approved. (As amended by No. 38 of 1962) If matter added to cinematograph picture after approval, picture to be again submitted to Board
5. An appeal shall lie to the Minister in respect of any act or decision of Right of appeal the Board done or made or omitted to be done or made under the from decisions provisions of these Regulations, and the Minister may confirm, disallow of Board or vary such act or decision of the Board or direct the Board to act in such manner as to the Minister shall seem fit, subject to the provisions of these Regulations. (As amended by G.N. No. 302 of 1964 and S.I. No. 70 of 1964)
6. The area for which the Board may exercise the powers contained in Area of Board these Regulations shall be the whole of Zambia. (As amended by S.I. No. 70 of 1964) 7. For the purpose of censoring films made in Zambia or imported into Zambia otherwise than through Lusaka, the District Executive Secretaries of all Districts are hereby appointed to be additional Boards for the purposes of examining and approving such films for exhibition within their respective Provinces. (As amended by No. 39 of 1961) Resident Secretaries to be additional Boards for certain purposes
SCHEDULE
(Regulation 3) REPUBLIC OF ZAMBIA THE THEATRES AND CINEMATOGRAPH EXHIBITION ACT
EXHIBITION PERMIT
FILM CENSORSHIP BOARD.
This film........................................................................................................................................................................ .............................................................................................................................................................................. has been approved by the Board for exhibition in Zambia and has been classified and marked................................ Date...........................................19....... .................................................................. Chairman of the Board Fee Paid 125 fee units NOTE.-This permit must accompany the film through Zambia. (As amended by No. 54 of 1936, No. 166 of 1939, No. 234 of 1960, No. 38 of 1962, S.I. No. 21, 75 of 1979 and Act No. 13 of 1994) SECTION 12-THE THEATRES AND CINEMATOGRAPH Government Notices EXHIBITION (FORMS AND FEES) REGULATIONS Regulations by the President
14 of 1930 497 of 1964 20 of 1979 74 of 1979 Act No. 13 of 1994
1. These Regulations may be cited as the Theatres and Cinematograph Title Exhibition (Forms and Fees) Regulations. 2. The licence to be issued by a Licensing Officer in respect of any theatre shall be in the form in the Schedule. 3. There shall be payable to the Licensing Officer, upon issue of a theatre licence, the following fees, that is to say: (a) In respect of a licence for a period not exceeding twelve calendar months, expiring on the 31st December in any year .. .. .. (b) In respect of a licence for a period not exceeding one week .. .. .. .. (c) In respect of a licence for a period not exceeding twenty-four hours .. .. .. Theatre licence
Prescribed fees
10,000 fee units
100 fee units
50 fee units
(As amended by S.I. No. 20 of 1979 and Act No. 13 of 1994) 4. The President may exempt any person from payment of the whole or Exemption any part of the fees specified in regulation 3.
SCHEDULE
(Regulation 2) REPUBLIC OF ZAMBIA THE THEATRES AND CINEMATOGRAPH EXHIBITION ACT
THEATRE LICENCE
Licence is hereby granted to ......................................... of .................................. in respect of a theatre situate at...................................for the period.......................19..... to........................19....... inclusive, for which period...........................fee has been paid, subject to the provisions of the above-named Act, the regulations issued thereunder and the conditions hereunder set forth. [Description of Theatre] Dated this...................................day of...................................19....... ............................................................... Licensing Officer [Special Conditions] ............................................................... Licensing Officer
THE THEATRES AND CINEMATOGRAPH EXHIBITION REGULATIONS ARRANGEMENT OF REGULATIONS
PART I PRELIMINARYPART I P
RELIMINARY
Regulation 1. 2. Title Application
PART II GENERAL BUILDING REQUIREMENTS

3. Erection or alteration of theatre to be approved by Inspector of Fire Services 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. Walls Where portion only of building used as theatre Floors to be fire-resisting Iron and structural work to be protected against fire Ingress and egress Aisles or passages between seats Staircases Proscenium Dressing-rooms and stairs Space above stage Scene dock, property room, etc. Flies of theatre Ventilation Doors Separate means of egress for different floors, etc.
19. 20. 21. 22.
One additional exit to be provided Passages, gangways, etc., to be kept in good repair Seating accommodation Entrance hall, etc.
PART III FIRE APPLIANCES

23. 24. 25. 26. Water supply Wet blankets and sand Fire appliances Footlights
PART IV CINEMATOGRAPH EXHIBITIONS

Regulation 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. Operating chamber to be separated from combustible material Walls, floor and roof of chamber Size of chamber Exits to be clear Temporary and portable chambers Escape from chamber Projection openings Openings for pipes Lanterns Electric illumination Projections for cables Limelight
39. 40. 41. 42. 43. 44. 45. 46. 47. 48.
Film-boxes Ether saturators Rules of running Outside chambers included Alterations prohibited without permission Exhibitions authorised prior to 14th November, 1930 Miniature machines Position of miniature machines Position of screen Movable buildings
PART V GENERAL
49. Compliance with Regulations 50. Municipality to have similar powers as Inspector of Fire Services SCHEDULE-Limelight SECTION 12-THE THEATRES AND CINEMATOGRAPH Government Notices EXHIBITION REGULATIONS 98 of 1930 Regulations by the President
33 of 1937 143 of 1937 2 of 1949 322 of 1954 129 of 1955 282 of 1958 118 of 1959 170 of1959 373 of 1961 400 of 1962 497 of 1964
PART I PRELIMINARY
1. These Regulations may be cited as the Theatres and Cinematograph Title Exhibition Regulations. 2. The Minister may, by statutory notice, apply all or any of these Application Regulations to any city, municipality, township or to any area specified in such notice, and may exempt from the operation thereof any specified area or buildings situated therein. (No. 2 of 1949 as amended by No. 322 of 1954 and No. 118 of 1959)
PART II GENERAL BUILDING REQUIREMENTS

3. Except as otherwise provided in these Regulations, no person shall erect or cause or permit the erection of or add to or alter or cause or permit any addition to or alteration in any theatre unless the plans thereof shall have been approved by the Inspector of Fire Services. (As amended by No. 282 of 1958 No. 373 of 1961 and No. 11 of 1971) Erection or alteration of theatre to be approved by Inspector of Fire Services
4. The walls of every building intended for use as a theatre shall be of Walls brick or stone or other approved fire-resisting material to the satisfaction of the Inspector of Fire Services. (As amended by No. 282 of 1958 No. 373 of 1961 and S.I. No. 11 of 1971)
5. If a portion only of a building be used as a theatre, such portion shall Where portion be separated from the remainder of the building by fire-resisting walls. only of building used as theatre 6. A theatre shall not be constructed underneath or on top of any part of Floors to be any building used for any other purpose unless the floors of such fire-resisting
building are of fire-resisting material. 7. All iron work or other structural metal work used in the construction of a theatre shall be protected against the action of fire in such manner as may be required by the Inspector of Fire Services. (As amended by No. 282 of 1958 No. 373 of 1961 and No. 11 of 1971) 8. (1) In every theatre the partitions, porches, vestibules and every means of ingress and egress for the public shall be constructed of fire-resisting materials to the satisfaction of the Inspector of Fire Services. Iron and structural work to be protected against fire
Ingress and egress
(2) No theatre shall have more than three floors or horizontal divisions, Theatre not to including the gallery, above the level of the pit. have more than three floors (As amended by No. 282 of 1958 and No. 373 of 1961) above level of pit 9. The aisles or passages between the seats shall in no case be less than Aisles or 1.07 metres in width and shall be increased in width towards the exit in passages the ratio of 3.8 centimetres to every 1.52 running metres. The floor of between seats the highest part of the pit or stalls shall be accessible from the street at the principal entrance to such pit or stalls by a gradient not exceeding one in fifteen, and the lowest part of the floor of the pit or stalls shall not be lower than the level at which it can be effectually drained into drains in the adjoining street, nor more than 1.82 metres below the level of the street at the principal entrance to the pit or stalls. In any case, the lowest floor shall not be placed at such a level as will render it liable to flooding, and it shall be efficiently and properly drained to the satisfaction of the Inspector of Fire Services. (As amended by No. 282 of 1958, No. 373 of 1961 and S.I. No. 11 of 1971) 10. (1) The treads of each flight of stairs in any staircase in any theatre Staircases shall be of uniform width, not less than 27.9 centimetres wide, and with risers not more than 15.24 centimetres high. (2) Every staircase required for public ingress and egress shall be supported and enclosed by walls of approved fire-resisting material to
the satisfaction of the Inspector of Fire Services. In special cases, the staircase, instead of being enclosed by such walls, may, in the discretion of the Inspector of Fire Services, have a suitable handrail or balustrade of sufficient strength on either side thereof, but it shall always be supported as in this sub-regulation set forth. (3) No staircase, corridor or passage required for public access shall be less than 1.40208 metres wide, and every such staircase, corridor or passage which communicates with any portion of a theatre intended for the accommodation of a larger number of persons than 400 shall be increased in width by not less than 15 centimetres for every additional 100 persons to a maximum width of 2.7 metres. The doors of small theatres not exceeding 116 square metres in area may, however, be not less than 1.07 metres in width.
(4) All staircases above 1.82 metres in width shall be properly divided down the centre by one or more strong handrails with proper supports. No flight of stairs shall consist of more than fourteen risers, and each flight shall have a landing and no winder steps shall be allowed. Each flight shall be provided with a suitable handrail to the satisfaction of the Inspector of Fire Services. (As amended by No. 282 of 1958 No. 373 of 1961 and S.I. No. 11 of 1971)
11. (1) In any theatre for the performance of stage plays or where a Proscenium proscenium is erected, the proscenium shall be of brick or other fire-resisting material to the satisfaction of the Inspector of Fire Services, not less than 35.5 centimetres in thickness, and shall be carried across the entire width of the building, both above and below the stage, to the level of the foundations of the external wall. No openings shall be made in the proscenium wall, with the exception of a doorway into the orchestra and one door on each side of the stage for communication with the auditorium.
(2) The said doorways shall be not less than 1.07 metres wide, and shall Doorways be fitted with fire-resisting doors to the satisfaction of the Inspector of Fire Services. The bottom of the said doorways shall not be more than 91.4 centimetres above the stage door and such doors shall have an overlap of at least 7.6 centimetres at each edge.
(3) The decorations and mouldings around the proscenium opening shall be constructed of fire-resisting materials, and all woodwork, stage-hangings, curtains and draperies shall be rendered non-inflammable by fire-resisting paint or other suitable means. (As amended by No. 282 of 1958 No. 373 of 1961 and S.I. No. 11 of 1971)
Decorations
12. (1) All dressing-rooms and the stairs affording access thereto shall Dressing-rooms be constructed of fire-resisting material, and shall be connected with an and stairs independent exit leading directly into a thoroughfare. No dressing-room shall be situated more than one storey below street level. No workshop, painting-room or dressing-room shall be formed or constructed over or under the auditorium or stage.
(2) All dressing-rooms shall be in a separate block, or else separated by Dressing-rooms a fire-resisting wall with not more than one opening from the building to to be in separate block which they belong.
(3) All dressing-rooms shall be provided with windows opening directly to the external air and adequately ventilated.
Dressing-rooms to have windows
13. (1) The space above the stage shall be of sufficient height to allow Space above of all scenes and the fire-resisting screen being raised above the top of stage the proscenium opening in one piece and without rolling. (2) The roof of the stage shall not be of fire-resisting material or of Roof heavy construction and shall be provided with one or more skylights in the top thereof, equal together to one-tenth of the area of the stage. Such skylights shall be glazed with sheet glass weighing not more than 0.588 litres per metre superficial. Immediately underneath the glass there shall be wire netting, but wire glass shall not be used. (3) Such skylight or skylights shall be made to open their full area by Skylight lowering the fire-resisting screen or by the cutting or burning of a cord. 14. A scene dock, property room or store room shall not be permitted Scene dock, in any theatre unless the same be separated from the rest of the building property room,
by brick or other fire-resisting material. 15. The flies of theatres shall be constructed of fire-resisting material to the satisfaction of the Inspector of Fire Services. Adequate means of escape shall be provided from the flies and the gridiron to the satisfaction of the Inspector of Fire Services. (As amended by No. 282 of 1958 and No. 373 of 1961) 16. All openings for the ventilation of theatres shall be shown on the plans and properly described in the specifications, and such openings shall be made in such manner as may be approved by the Inspector of Fire Services. (As amended by No. 282 of 1958 and No. 373 of 1961)
etc. Flies of theatre
Ventilation
17. (1) All outer doors which are used as ordinary and usual means of Doors public access to theatres shall open both inwards and outwards and shall be provided with proper and adequate means of locking or bolting back, to afford the full width of the doorway as a means of ingress and egress, and such outer doors shall be kept open during the time that the theatre is in use. All other outer doors used as emergency exists, whether connected directly with the means provided for leaving such building or not, shall be made so as to open outwards. All doors used by the public in the interior of a theatre shall be made to open both ways. (2) Main entrance and exit doors shall be provided with panic bolts. If the door is in one leaf, a drawback lock (without any catch pin to keep the door locked) shall be used, and such lock shall be capable of being opened from inside without a key. If the door is in two leaves, an ordinary lock may be used. (3) Extraordinary exit doors in theatres shall be provided with panic bolts, which may be fitted with a key to open from without, but in no case shall a key be necessary to open from within. Such panic bolts are to be opened by means of pressure on a horizontal bar or panel. (4) The following fastenings are not permitted: (a) short bolts on top or bottom; Main entrance and exit doors
Extraordinary exit doors
Fastenings
(b) (c)
locking or swivel bars; padlocks, ordinary spring locks and bolts working by chains;
(d) any lock on a single leaf door except a drawback lock (without a catch pin) which can be opened from inside without a key; (e) monkey tail bolts with a shoulder or projection. Door to open on to landing
(5) No door shall open immediately on to a flight of stairs, but on to a landing, at least 91.4 centimetres in width, which shall be provided between such doors and stairs.
(6) In every theatre outlet doorways (hereinafter called escape doors), Escape doors either opening directly into or communicating by an unobstructed corridor, passage or staircase, of width hereinbefore specified, with the separate means of egress and additional exit for each floor, tier or level as hereinafter provided, shall be of a number and capacity in each floor, tier or level or part of the theatre that their aggregate opening shall be such as, in the opinion of the Inspector of Fire Services, shall be sufficient to allow the whole number of persons that such floor, tier or level can seat to pass through such opening in a space of time not exceeding three minutes at an ordinary walking pace. (7) All escape doors, if they are not ordinarily used for exit but are Notice on available as additional means of egress in cases of alarm, shall be escape doors indicated on the inside by a painted notice in block capitals at least 15 centimetres in height to the satisfaction of the Inspector of Fire Services. Such notice shall consist of the words "ESCAPE DOOR: NOT LOCKED", and such letters shall, during the time that the theatre is open to the public, be kept uncovered and unconcealed by any obstruction whatsoever. (As amended by No. 282 of 1958, No. 373 of 1961 and S.I. No. 11 of 1971). 18. In any theatre where the public using the same is to be accommodated on different floors, tiers or levels, a separate means of egress, of the width hereinbefore described for staircases, internal corridors or passage-ways, shall communicate directly with the street or an open passage approved by the Inspector of Fire Services Separate means of egress for different floors, etc.
Provided that separate tiers of boxes in a theatre shall, for the purposes of these Regulations, be regarded as forming one floor or level with the floor or level on which they are situated. (As amended by No. 282 of 1958, No. 373 of 1961 and S.I. No. 11 of 1971) 19. At least one additional exit communicating with each different One additional floor, level or tier and opening directly into the street or passageway, as exit to be above set forth, must also be provided; such additional exit shall open on provided to the street at least 6.1 metres from the first exit and shall be separated from any other exit by fire-proof walls. 20. All passages, gangways, corridors, staircases and other means of ingress and egress for the use of the public shall be kept at all times in good order and repair and free from chairs or any other obstruction whatsoever, whether of a temporary or permanent character, or any projection of any description whatsoever other than handrails. All carpets or other stair or floor coverings shall be kept securely fixed and in good order and repair. Passages, gangways, etc., to be kept in good repair
21. When the seating accommodation for the public consists of chairs, Seating accommodation these shall be fastened to one another, row by row, by means of a wooden batten or battens of sufficient strength running beneath the seats, in such a manner that, should a panic arise, there shall be no danger of the chairs being upset so as to cause any hindrance to egress. Such chairs shall be battened together at a distance of not less than 51 centimetres from centre to centre where they have arms, and 46 centimetres where they are without arms, and in lengths of not less than four nor more than twelve in a section. The centre line of any seat in a row shall not be more than 3.7 metres from the aisle nearest to such seat, measured along the line of seating in such row. No platform formed to receive seats shall be more than 53 centimetres in height of riser, nor less than 81 centimetres in width of platform. (As amended by No. 129 of 1955) 22. (1) All entrance halls, passages, staircases, gangways or other means of approach to a public room or rooms in a theatre shall be efficiently lit during the whole time the theatre is being used. Entrance hall, etc.
(2) When artificial light is used in any theatre, provisions approved by When artificial the Licensing Officer shall be made so that the public may not be left in light used darkness through any breakdown or accident. (3) Two complete systems of electric lighting from separate sources of Two complete supply shall be deemed to meet the requirements of this regulation; systems of otherwise a sufficient number of oil or candle lamps secured to electric lighting uninflammable bases, and of a pattern to be approved by the Inspector of Fire Services, shall be provided, and such lamps shall be lit during the whole time the public is in the theatre. (As amended by No. 282 of 1958 No. 373 of 1961 and S.I. No. 11 of 1971)
PART III FIRE APPLIANCES

23. Unless the Inspector of Fire Services is satisfied that an adequate Water supply water supply is available for any theatre, there shall be provided on the top of the proscenium wall, or at some other place to be approved by the Inspector of Fire Services, two or more cisterns, together capable of holding at least 909.2 litres of water for every 100 persons to be accommodated in the auditorium. (As amended by No. 282 of 1958 No. 373 of 1961 and S.I. No. 11 of 1971) 24. Wet blankets or rugs and buckets or other receptacles, filled some Wet blankets with water and some with sand, shall always be kept in the wings, and and sand shall have placards of legibly printed fire instructions fixed immediately above them. 25. (1) Fire appliances adequate for the protection of the theatre shall Fire appliances be provided and shall include a sufficient number of hand grenades or other portable fire extinguishers. Chemical fire extinguishers shall be of such a number and so available that there shall be adequate means of dealing promptly with an outbreak of fire.
(2) All fire appliances shall be of makes approved by the Inspector of Fire Services and shall be inspected at least once a month and kept at all times in fit and proper order by the licensee. (3) During any performance, all fire appliances shall be in charge of some responsible person specially appointed for that purpose, who shall see that such appliances are kept constantly in a serviceable condition and available for use. (As amended by No. 282 of 1958, No. 373 of 1961 and S.I. No. 11 of 1971) 26. The footlights (if of oil or candles) in front of the stage or the portion of the theatre used as a stage shall be protected by wire guards approved by the Inspector of Fire Services. Hatchets, hooks and other means of taking down hanging scenery in case of fire shall always be kept in readiness in the wings. (As amended by No. 282 of 1958 No. 373 of 1961 and S.I. No. 11 of 1971) Footlights
PART IV CINEMATOGRAPH EXHIBITIONS

27. A cinematograph apparatus shall not be fixed, nor shall any display Operating be given in any theatre unless the operating chamber is distant from any chamber to be external combustible material by at least 3 metres. separated from combustible material 28. The walls, floor and roof of the chamber shall be constructed of brick, reinforced concrete, plate walling or other fire-resisting material of a nature and thickness approved by the Inspector of Fire Services. (As amended by No. 282 of 1958, No. 373 of 1961 and S.I. No. 11 of 1971) Walls, floor and roof of chamber
29. (1) The operating chamber shall be at least 2.4 metres in height Size of chamber from the floor to the ceiling and 2.1 metres wide parallel to the line of projection, and shall be of minimum length, varying in accordance with the number of machines installed in such chamber, as follows: (a) one picture machine with or without stereopticon attached, 2.1 metres long; (b) one picture machine with separate stereopticon or spotlight, 2.7 metres long; (c) two picture machines with or without stereopticon attached, 3 metres long; (d) two picture machines with separate stereopticon or spotlight, 3.7 metres long. An additional 1.2 metres length shall be provided for each additional picture machine, stereopticon or spotlight. (2) The chamber shall be ventilated direct to the external air by means Ventilation of of a flue constructed of incombustible material fixed over the machine. chamber The area of such flue shall be in the proportion of at least 1 square metre for every 9.912 metres of the chamber. 30. No operating chamber shall be placed so as to interfere with the free use of any exit. Exits to be clear
31. (1) Where cinematograph exhibitions do not form a regular feature Temporary and portable of the entertainment, a temporary operating chamber or a portable chamber may be used. A temporary operating chamber shall be chambers constructed throughout with walls (including door), floor and roof of 3.8 centimetres angle-iron framing and sheet iron of at least No. 16 gauge, securely fixed with 5 centimetres lapped and riveted or bolted joints. A portable operating chamber shall be constructed throughout (including door) with teak or other hardwood framing not less than 5 centimetres thick strengthened by rails or braces, and covered with sheet asbestos not less than 95 millimetres thick on each side. The sides, roof and floor shall be fastened together with angle-iron and thumb-screws at each corner, such thumb-screws to screw into metal sockets, or with bolts and thumb-screws, or bolts and nuts.
(2) Portable and temporary operating chambers shall only contain one picture machine, and such chambers shall have a minimum floor area of 2.8 square metres, and the height shall not be less than 1.8 metres. Such chambers shall, when erected and in use, be both dust and smoke proof, and, where practicable, shall be placed outside the auditorium. (3) Portable or temporary operating chambers shall not be used in any building in which the aggregate number of days on which cinematograph exhibitions are given exceeds thirty in any one year for any one place. (4) In the event of an operating chamber of any description, in-cluding permanent operating chambers, being inside the auditorium, a suitable barrier shall be firmly fixed round the operating chamber at a distance of not less than 61 centimetres from any part thereof. 32. Direct means of escape from the operating chamber to the external Escape from air shall be provided by a passage-way at least 91 centimetres in width. chamber In cases where the chamber is fixed above the level of the ground or main floor, the stair or ladder from the operating chamber to the floor shall be constructed of incombustible material at least 68.5 centimetres in width. Projection 33. (1) Only openings which are necessary for projection, operation and observation shall be allowed in the front wall of the chamber. There openings shall not be more than three such openings for each lantern and they shall not exceed 30.5 centimetres by 30.5 centimetres, 30.5 centimetres by 61 centimetres, and 61 centimetres by 61 centimetres respectively. All openings shall be provided with a sheet of 65 millimetres plate glass built in and fixed so as effectively to prevent the escape of smoke into the auditorium. In addition, all openings shall be provided with falling shutters of metal at least 32 millimetres thick which, when closed, shall overlap the opening at least 2.5 centimetres on all sides. The shutters shall be arranged to cover the openings closely and to slide in properly constructed metal grooves, the lower groove being packed with a rubber pad at least 1.3 centimetres thick. (2) Such screens or shutters shall be so fitted that they will all close without noise at one and the same time by the action of one release. The
apparatus for releasing such screens or shutters shall be provided with suitable handles, which shall be fixed in such positions inside the operating chamber that the operator can release the shutters when standing in the usual position for operating each one of the cinematograph projectors and rewinding films, if such rewinding is carried out in the chamber, and shall be provided with a link of fusible metal or section of quick-burning film fixed directly over the film gate. A similar releasing handle shall be fixed outside the operating chamber in a position to be approved by the Licensing Officer. (As amended by No. 33 of 1937) 34. The necessary pipes, electric cables, etc., shall enter the operating Openings for chamber through properly bushed openings. pipes Lanterns 35. (1) The lantern shall be placed on firm supports of fireresisting construction. The lamp or jet shall stand on an iron tray, with an upturned vertical edge at least 2.5 centimetres in depth. The lantern shall be provided with an automatic metal shutter to act between the source of light and the film gate. The action of this shutter shall be such that it shall close automatically immediately the film becomes stationary. A sliding metal shutter shall be provided in addition to the automatic shutter. (2) The film gate shall be of massive construction and provided with ample heat-radiating surface, and the passage for the film shall be sufficiently narrow to prevent flame travelling upwards or downwards from the light opening. The film spools when in use shall be fixed in incombustible smokeproof boxes. Precautions for films
Electric 36. Where possible, the electric arc light shall be adopted as the illuminant, and all regulations in force for securing safety in an electric illumination installation shall be observed. Circuits in which there is a pressure exceeding 250 volts between the terminals, or from either terminal to earth, shall not be allowed in connection with the apparatus. Where the apparatus is used in a portable box, a permanently installed circuit shall be carried to a convenient point, having regard to the position of the apparatus. Resistances shall be placed in an approved position and, where practicable, outside the operating chamber. A small resistance for regulating purposes may be allowed within the chamber, but such resistance shall be fixed above the level of and behind the lantern.
37. (1) The main cable must be enclosed in steel tubing, and must be run without joint or tapping from feeding point to apparatus. For temporary performances, the cables may be carried on porcelain cleats or bobbins, if they are placed out of reach and the pair run parallel and are separated by a space of not less than 15 centimetres.
Projections for cables
(2) The porcelain cleat or bobbin insulators carrying the cables must be Insulators securely fixed and placed sufficiently close together to prevent the cables touching the walls, woodwork or other surfaces. The whole of the wiring must be carried out in a thoroughly workmanlike manner, and all cables, fuses, switches, resistances and apparatus must be so fixed as to be out of reach of any unauthorized person. The lantern resistances and any other current-carrying devices must be of proper design and well suited for the work required to the satisfaction of the Licensing Officer; each must be self-contained and enclosed in iron cases; all current-carrying metal parts must be well insulated from the iron frames and covers and these in turn must be so supported that while in operation they shall be at least 76 centimetres from any wood or other inflammable material. Pilot lights used within the operating chamber must be provided with two single pole fuses and one single pole switch. 38. (1) If limelight be used in the lantern, the gas cylinders shall be tested and filled in conformity with the requirements set out in the Schedule. The tubing shall be of sufficient strength to resist pressure from without and shall be properly connected up. (2) No gas shall be stored or used save in containers constructed in accordance with the requirements contained in the Schedule. 39. (1) All cinematograph projectors shall be fitted with two film-boxes Film-boxes of substantial construction to and from which the films shall travel. Such boxes shall be made to close in a manner which shall prevent the ingress of fire, and shall be fitted with a film-slot capable of preventing the passage of flame to the interior of the film-box, and shall be kept closed except for the insertion or removal of films. Spools shall be chain or gear driven, and films shall be wound upon spools so that the wound films shall not at any time reach or project beyond the edges of the flanges of the spool. (2) All films, when not in the machine and while still in the Limelight
operating chamber, shall be contained in closed metal boxes of self-closing pattern. Films shall not be stored nor rewound nor repaired in any other place on the premises than in the operating chamber or in some other approved fire-proof enclosure. (3) No film shall be removed from the operating chamber or other approved fire-proof chamber except in closed metal boxes. 40. Ether saturators and gas generators must be placed in the open air, Ether saturators and the filling of ether saturators must be carried out in the open air. 41. (1) No smoking shall be permitted within the operating chamber. Rules of running
(2) No storage of any description, nor the use of any naked light, shall be permitted within the operating chamber, nor shall any paper, cardboard or rubbish be kept therein. (3) Adequate small fire appliances, including a chemical fire extinguisher of 3 gallons capacity, a bucket of sand, two buckets of water and a wet blanket shall be kept within the operating chamber for immediate use. (4) The general lighting of the entrances or exists to any premises within which a cinematograph exhibition is being held shall not be controlled from within the operating chamber. (5) A suitable barrier shall be fixed round the operating chamber at a distance of not less than 61 centimetres from any part thereof to prevent the audience coming into contact therewith. (6) Work of any description other than the operating of and any essential repairs to the machinery and the rewinding and repairing of films shall not be done inside the operating chamber during the time any member of the audience is in the building. (7) The operators and all persons responsible for or employed in or in connection with a cinematograph exhibition shall take all due
precaution for the prevention of accidents, and shall abstain from any act whatever which tends to cause fire or danger or panic and is not reasonably necessary for the purposes of the exhibition. (8) Except for special essential repairs, no person, other than the operators and the duly appointed assistant, the licensee, the proprietor, his duly authorised representative, the manager, and the duly authorised agents of the Licensing Officer, shall be admitted to the operating chamber during a cinematograph exhibition: Provided that, with the consent of the licensee and of the Licensing Officer first had and obtained in writing, professional and scientific investigators may be permitted to visit operating chambers during a cinematograph exhibition. (9) The operator or duly appointed assistant shall always be in the operating chamber during a cinematograph exhibition, and in no circumstances shall there be at any time more than four persons in the operating chamber during the exhibition. 42. These Regulations shall apply to buildings and cine-matograph operating chambers, whether or not the apparatus is fixed inside or outside the hall or structure accommodating the audience. 43. After any licence has been granted, it shall not be per-missible for the licensee to make any alteration to the building, operating chamber, fixtures or contents without the sanction of the Licensing Officer, under penalty of revocation of the licence. 44. Where existing cinematograph exhibitions have been authorised prior to the commencement of these Regulations, no picture machines or stereopticons shall be installed in any existing operating chamber beyond the number installed at the commencement of these Regulations, unless such chambers comply with the requirements in regard to size and shape for such additional machines or stereopticons, and then only with the permission of the Licensing Officer. 45. Notwithstanding anything herein to the contrary, it shall not be necessary to provide an operating chamber for the projection of motion Outside chambers included Alterations prohibited without permission Exhibitions authorised prior to 14th November, 1930
Miniature machines
pictures in the case of(a) any miniature picture machine in which the maximum electric current used for the light shall be 350 watts. Such miniature machine shall be operated in an approved box or case of fire-resisting material constructed with a fusible link or other approved releasing device to close the projection opening instantaneously and completely in case of combustion within the box or case. The light in such miniature machine shall be completely enclosed in a metal lantern box covered with an irremovable roof; (b) the use or operation of any so-called miniature picture apparatus which uses only an enclosed incandescent electric lamp and non-inflammable or slow-burning films, and is of such construction that films of ordinary standard size cannot be used therewith.
Position of 46. A miniature picture machine as described in the last preceding miniature regulation shall not be placed or fixed within 1.5 metres of any hangings, curtains or furniture of an inflammable nature or construction, machines and the rewinding or repair of films used in connection with such miniature machine shall not be effected in the building whilst any member of the audience is present therein. 47. In all places of entertainment where cinematograph ex-hibitions Position of form, or are intended to form, the whole or any portion of the screen entertainment, the angle of elevation of the top edge of the screen at any point in the auditorium 1.07 metres above the floor shall not exceed 35 degrees; and the horizontal angle made by the screen and a line connecting the vertical edge of the screen and the seat in the front row furthest therefrom shall not be less than 25 degrees: Provided that nothing herein contained shall require the alteration of the 14th November, seating arrangements of any building existing at the commencement of 1930 these Regulations and which has been duly licensed for cinematograph exhibitions. Movable 48. Where a licence has been granted under the Act in respect of a movable building, a plan and description of the building, certified with buildings the approval of the Licensing Officer, shall be attached to the licence. Such licence may provide that any of the conditions or restrictions contained therein may be modified by the Licensing Officer at any place where a cinematograph exhibition is about to be given. The licence and plan and description, or any of them, shall be produced on demand to
any member of the Zambia Police Force of or above the rank of Sub Inspector or to any person authorised by the Licensing Officer. (As amended by No. 400 of 1962)
PART V GENERAL
49. The licensee shall be responsible for the compliance with these Compliance Regulations in every respect, and for the employment of competent, with experienced and trustworthy operators, and may be required at any time Regulations to supply to the Licensing Officer satisfactory credentials in this respect. 50. In regard to any theatre situated in any municipality constituted under the provisions of the Local Government Act, the council of such municipality shall exercise all the powers conferred by these Regulations on the Inspector of Fire Services. (As amended by No. 282 of 1958, No. 373 of 1961 and S.I. No. 11 of 1971) Municipality to have similar powers as Inspector of Fire Services. Cap. 281
SCHEDULE
(Regulation 38)
LIMELIGHT
The gas cylinders shall be tested and filled in conformity with the requirements set out below: (Cylinders of compressed gas (oxygen, hydrogen or coal-gas) (a) Lap-welded wrought iron: greatest working pressure, 120 atmospheres, or 126.55 kg per square centimetre: (1) Stress due to working pressure not to exceed 1.024 tonnes per square centimetre. (2) Proof pressure in hydraulic test, after annealing, shall be 224 atmospheres, or 236.24 kg per square centimetre. (3) Permanent stretch in hydraulic test not to exceed 10 per centum of the elastic stretch. (4) One cylinder in fifty to be subjected to a statical bending test, and to stand crushing nearly flat between two rounded knife-edges without cracking. (b) Lap-welded or seamless steel: greatest working pressure, 120 atmospheres, or 126.55 kg per square centimetre: (1) Stress due to working pressure not to exceed 1.181 tonnes per square centimetre in lap-welded, or 8.16 tonnes per square centimetre in seamless, cylinders. (2) Carbons in steel not to exceed 0.25 per centum or iron to be less than 99 per centum. (3) Tenacity of steel not to be less than 4.095 tonnes or more than 5.197 tonnes per square centimetre. Ultimate elongation not less than 3.1 centimetres in 20 centimetres. Test-bar to be cut from finished annealed cylinder. (4) Proof pressure in hydraulic test, after annealing, shall be 224 atmospheres or 236.24 kg per square centimetre. (5) Permanent stretch shown by water jacket not to exceed 10 per centum of elastic stretch. (6) One cylinder in fifty to be subjected to a statical bending test, and to stand crushing nearly flat between rounded knife-edges without cracking.
Regulations applicable to all cylinders (1) Cylinders to be marked with a rotation number, a manufacturer's or owner's mark, an annealing mark with date and a test mark with date. The marks to be permanent and easily visible. (2) Testing to be repeated at least every two years, and annealing at least every four years. (3) A record to be kept of all tests. (4) Cylinders which fail in testing to be destroyed or rendered useless. (5) Hydrogen and coal-gas cylinders to have left-handed threads for attaching connections and to be painted red. (6) The compressing apparatus to have two pressure gauges, and an automatic arrangement for preventing overcharging. The compressing apparatus for oxygen to be wholly distinct and unconnected with the compressing apparatus for hydrogen and coal-gas. (7) Cylinders not to be refilled till they have been emptied. (8) If cylinders are sent out unpacked, the valve fittings to be protected by a steel cap. (9) A minimum weight to be fixed for each size of cylinder in accordance with the required thickness. Cylinders of less weight to be rejected.
REGULATION 2 OF THE THEATRES AND CINEMATOGRAPH EXHIBITION REGULATIONS-APPLICATION Notices by the Minister
Government Notices 245 of 1950 183 of 1956 224 of 1958
The whole of the Regulations are hereby applied to the following municipalities, and townships: (a) Municipalities:
City of Lusaka City of Kitwe City of Ndola Chingola Municipality Kabwe Municipality Livingstone Municipality Luanshya Municipality Mufulira Municipality (b) Townships:
Chililabombwe Township Chipata Township Choma Township Kalulushi Township Chililabombwe Kabwe Municipality Mufulira Township Nchanga Township Nkana Township Luanshya Township
CHAPTER 161 THE PRINTED PUBLICATIONS ACT
Section 1. 2. 3. 4. 5. 6. Short title Interpretation Imprint on books printed and published in Zambia Delivery of books published in Zambia to the Director Registration of newspapers Certified extracts from register to be received in evidence
CHAPTER 161 PRINTED PUBLICATIONS An Act to make provision for the registration of newspapers; to provide for the printing and publication of books and the preservation of printed works published in Zambia; and to provide for matters incidential to or connected with the foregoing. [1st March, 1964]
31 of 1947 13 of 1956 44 of 1969 13 of 1994 Government Notices 110 of 1964 304 of 1964 497 of 1964
1.
This Act may be cited as the Printed Publications Act.
2. In this Act, unless the context otherwise requires"book" includes every part or division of a book, pamphlet, newspaper, sheet of letterpress, sheet of music, map, plan, chart or table separately published; "Director" means the Director of the National Archives of Zambia appointed in terms of section five of the National Archives Act; "editor" includes the person or persons actually and finally responsible for the collation or inclusion in any newspaper of the contents thereof, whether such person or persons are expressly employed for such purposes or not;
Cap. 175
"newspaper" means any periodical publication published at intervals of not more than one month and consisting wholly, or for the greater part, of political or other news, or of articles relating thereto, or to other current topics, with or without advertisements, and with or without illustrations, but does not include any publication which is proved not to be intended for public sale or public dissemination; and expressions referring to printing shall be construed as including references to any other means of representing or reproducing words in visible form by impressing one material on another. (As amended by No. 13 of 1956, G.N. No. 110 of 1964 and No. 44 of 1969) 3. (1) Every book printed and published in Zambia shall bear an imprint Imprint on in legible type showingbooks printed and published in Zambia (a) the full and correct name of the printer and the place where the book was printed; (b) the full and correct name of the publisher and his place of business; and (c) the year of publication.
(2) Any person who knowingly and wilfully prints or publishes, or causes to be printed or published, any book not containing the particulars required by this section shall be guilty of an offence and liable to a fine not exceeding seven hundred and fifty penalty units, and, in default of payment of such fine, to imprisonment not exceeding one month. (3) The Minister may, by statutory instrument, make rules excepting from the provisions of this section such classes of printed matter used for the purposes of the Government, of courts of justice, of public authorities and of trade and business as may be specified in such rules. (As amended by G.N. No.304 of 1964 and Act No. 13 of 1994)
4. (1) The publisher of every book published in Zambia shall, within two months of the publication, deliver at his own expense a copy of the book to the Director at Lusaka, who shall give a written receipt for every copy received by him. (2) Every copy delivered under the provisions of this section shall be a copy of the whole book with all maps and illustrations belonging thereto, finished and coloured in the same manner as the best copies of the book are published, and shall be bound, sewn or stitched together, and on the best paper on which the book is printed. (3) If any publisher fails to comply with the provisions of this section, he shall be guilty of an offence and liable to a fine not exceeding six hundred penalty units. When any person is convicted of such offence, the court may, in addition to imposing a penalty, order the person so convicted to comply with the provisions of this section by delivering a copy of the book to the authority to whom delivery ought to have been made. The court may, instead of making such order, impose a further fine not exceeding the amount of the published price of the book. (4) The provisions of this section shall not apply to any second or subsequent edition of a book unless such edition contains additions or alterations either in the letterpress or in the maps, prints or other illustrative material belonging thereto. (5) The Minister may, by statutory instrument, make rules excepting from the provisions of this section publications wholly or mainly in the nature of trade advertisements or such classes of such other publications as may be specified in the rules, and thereupon it shall not be necessary for the publisher of any publication so excepted to deliver a copy of such publication to the authority mentioned in subsection (1) unless, as respects any particular publication, a written demand for the delivery thereof is made by such authority. (As amended by G.N. Nos.110, 304 of 1964, No.44 of 1969 and Act No. 13 of 1994)
Delivery of books published in Zambia to the Director
Registration of 5. (1) No person shall print or publish, or cause to be printed or published, any newspaper until there has been registered at the office of newspapers the Director at Lusaka the full and correct title thereof and the full and correct names and places of abode of every person who is or is intended
to be the proprietor, editor, printer or publisher of such newspaper, and the description of the premises where the same is to be published. Every alteration in such particulars shall forthwith be registered in like manner. (2) Any person who contravenes the provisions of this section shall be guilty of an offence and liable to a fine not exceeding three thousand penalty units. (As amended by No.13 of 1956, G.N. No.110 of 1964, No. 44 of 1969 and Act No. 13 of 1994) 6. (1) It shall be the duty of the Director to keep a register in which shall Certified be entered the particulars mentioned in the last preceding section. extracts from register to be received in evidence (2) Any person wishing to obtain an extract from such register, signed by the Director, showing the particulars therein contained in regard to any newspaper, shall be entitled to obtain the same on application to the Director and on payment of a fee of four fee units for every such extract. (3) The production of any such extract, signed as aforesaid, in any proceedings, civil or criminal, in any court of justice shall be prima facie proof of the facts therein stated in regard to the names of the proprietors, printers and publishers of the newspaper therein named. (4) (a) At the trial of any person for an offence against subsection (3) of section four or subsection (2) of section five, any document purporting to be a certificate under the hand of the Director that such person has failed to comply with the requirments of the subsection under which such person is charged may be used in evidence against him. (b) When any certificate is so used, the court may, if it thinks fit, summon and examine the Director as to the subject-matter therein. (As amended by G.N. No.110 of 1964, Act No.44 of 1969 and Act No. 13 of 1994)
PRINTED PUBLICATIONS SECTION 4-THE PRINTED PUBLICATIONS RULES Rules by the Minister
CAP. 161
Government Notice 159 of 1948
1. These Rules may be cited as the Printed Publications Rules. 2. The classes of printed matter set out in the Schedule shall be excepted from the provisions of section four of the Act.
Title Exceptions
SCHEDULE
(Rule 2) 1. Publications wholly in the nature of trade advertisements, cards, catalogues, circulars, coupons, designs, forms, labels, leaflets, plans, posters, price lists, prospectuses, show cards, wrappers and similar publications purely in the nature of trade advertisements. 2. Publications wholly in the nature of time-tables or rate tariffs of transport services. 3. Publications wholly in the nature of calendars. 4. Publications wholly in the nature of blank forms of accounts, or blank forms of receipts, or other blank forms of a similar character. 5. Wall sheets printed with alphabets, mottoes, religious texts or other matter for the purpose of elementary instruction.
CHAPTER 162 THE CLUBS' REGISTRATION ACT

Section 1. 2. Short title Interpretation
3. Every club where intoxicating liquor is habitually sold, to be registered 4. Registration does not constitute club premises licensed premises, etc. 5. 6. 7. 8. Application for registration Mode of registration Registration fees Grounds for cancellation of registration
9. Permit for supply of intoxicating liquor for consumption off club premises 10. 11. 12. 13. 14. Sale or supply of intoxicating liquor by an unregistered club Registers of members and guests Power of entry of club premises Search warrant Regulations
SCHEDULE-Prescribed forms
20 36 CLUBS' REGISTRATION 23 60 An Act to provide for the registration and control of 34 clubs situated within Zambia; and to provide for 30 matters incidental thereto or connected therewith. 7 [1st January, 1927] 57 27 33 CHAPTER 162
of of of of of of of of of of
1926 1933 1936 1953 1958 1961 1963 1964 1966 1966
24 of 1977 12 of 1992 7 of 1993 2 of 1994 13 of 1994 Government Notices 304 of 1964 497 of 1964 502 of 1964 Statutory Instrument 91 of 1965
1.
This Act may be cited as the Clubs' Registration Act.
2. In this Act, unless the context otherwise requires"club" means any community or society consisting of not less than twenty-five members who assemble or meet together in pursuit of a common object; "club premises" means any building, room or meeting place where members of a club or their guests assemble; "intoxicating liquor" means any spirit, wine, ale, beer, porter, cider, perry, hop-beer or any liquor containing more than two per centum of alcohol and any other liquor which the Minister may from time to time declare, by statutory notice, to be an intoxicating liquor within the meaning and operation of this definition; "officer of a club" means a person taking part in the direction or management of a club irrespective of whether he acts in an honorary or paid capacity; "secretary" means any officer of a club or other person performing the duties of a secretary; "unregistered club" means a club which requires under this Act to be registered but is not registered or in respect of which the registration has been cancelled or has not been renewed in accordance with subsection (2) of section six.
(As amended by No. 7 of 1963 and G.N. No. 304 of 1964) 3. The secretary of every club which occupies a house or part of a house or other premises which are habitually used for the purposes of a club and in which any intoxicating liquor is supplied to members or their guests shall make application to the District Secretary of the District in which the club premises are situate to be registered in accordance with the terms and provisions of this Act. In the case of a club which is open on the commencement of this Act, such application shall be made within six weeks thereafter, and in the case of a new club requiring registration which is about to be opened after the commencement of this Act, such application shall be made before the opening of the club. Every club where intoxicating liquor is habitually sold, to be registered
4. The registration of a club under this Act shall not constitute the club Registration premises "licensed premises" or authorise any sale of intoxicating liquor does not constitute club thereon which would otherwise be illegal under any written law. premises licensed premises, etc. 5. Any application to the District Secretary for registration of a club Application for shall be accompanied by an affidavit containing the particulars set out in registration Form 1 in the Schedule signed by the secretary. 6. (1) Upon consideration of the application the District Secretary if Mode of satisfied as to the bona fides of the club shall, subject to the provisions of registration subsection (3), in his discretion grant the same and shall issue a Certificate of Registration in Form 2 in the Schedule and thereupon the club shall be deemed to be duly registered. (2) The secretary of every club shall, in the month of December in the year in which the club was first registered under this Act and in the month of December of every year subsequent to that year, make application to the District Secretary for renewal of the Certificate of Registration, together with a statement showing the number of members of the club at the date of the application and any alteration made in the club rules since the club was first registered or during the preceding year, as the case may be. Upon consideration of the application the District Secretary shall, subject to the provisions of subsection (3), in his discretion grant the application and renew the Certificate of Registration.
(3) The District Secretary shall not(a) register or renew any registration of any club unless he is satisfied(i) that the club is managed by a committee of its members; (ii) that such committee holds regular meetings of which proper minutes are kept; (iii) that the election of such members is either by the committee or by all members of the club; (iv) that a register of members and a register of guests and proper accounts are kept; (v) that no profit from the supply of liquor by the club accrues to any individual; (b) save with the approval in writing of the Minister in any particular case, register or renew the registration of any club if the annual subscription payable by each ordinary member thereof is more than thirty-two fee units. (4) An appeal against the refusal of the District Secretary to grant any application under this section shall lie to the High Court which may reverse such decision where it is satisfied that the District Secretary ought to have granted the application. (As amended by No. 7 of 1963 and, Nos. 27 and 33 of 1966, and Act No. 13 of 1994) 7. (1) Subject to the provisions of subsection (2), the fees payable on the original registration and on renewal of such registration shall be as follows: Fee units 100 200 300 400 500 600 Registration fees
For a membership of 25-100 For a membership of 100-200 For a membership of 200-300 For a membership of 300-400 For a membership of 400-500 For a membership of over 500
(2) The Minister may, by statutory notice, where he considers that it is in the circumstances equitable so to do, authorise an original registration or a renewal of such registration in any particular case at such fee as is specified in such notice: Provided that the powers of the Minister under this subsection shall not extend to any club where the membership thereof is in excess of one hundred. (Amended by Act No. 7 of 1963 12 of 1992 and Act No. 13 of 1994) 8. (1) When a club has been registered in pursuance of this Act, a Grounds for cancellation of District Secretary on complaint in writing by any person may, if he thinks fit, make an order cancelling the registration of any club on all or registration any of the following grounds: (a) that the club has ceased to exist, or that the number of members is less than twenty-five; or (b) that it is not conducted in good faith, or that it is kept or habitually used for any unlawful purpose; or (c) that there is frequent drunkenness on the club premises; or
(d) that illegal sales of intoxicating liquor have taken place on the club premises; or (e) that persons who are not members are habitually admitted to the club merely for the purpose of obtaining intoxicating liquor; or (f) that persons are admitted to membership of the club within a period of less than forty-eight hours from the time of making application for such membership; or (g) that guests are habitually admitted to the club without their names and addresses having been entered in the register of guests; or (h) that the conditions of admission to membership of the club are unduly restrictive; or
(i) that persons are denied admission to membership of the club solely on the ground of their race. (2) An appeal against any order made under this section shall lie to the High Court which may reverse such order. (As amended by No. 34 of 1958, No. 30 of 1961 and No. 27 of 1966) 9. (1) No registered club shall supply any intoxicating liquor for consumption off the club premises otherwise than in accordance with a permit issued by the District Secretary: Permit for supply of intoxicating liquor for consumption off club premises Cap. 167
Provided that nothing in this subsection shall apply to any supply of intoxicating liquor authorised under the provisions of a retail liquor licence issued under the Liquor Licensing Act. (2) Every permit issued under this section shall expire on the 31st December in the year in which it was issued, and may thereupon be renewed. (3) Application for a permit under this section and for any renewal thereof shall be made in such form and manner as may be prescribed, and such permit may be issued or renewed, as the case may be, at the discretion of the District Secretary, subject to such conditions as he may impose, on the payment of seven hundred and fifty fee units or such lesser sum as the Minister may direct in any particular case. (4) If any intoxicating liquor is supplied in any registered club in contravention of the provisions of this section, then any person so supplying such liquor and every officer of such club shall be guilty of an offence and shall be liable to a fine not exceeding one thousand five hundred penalty units: Provided that in the case of an officer of a registered club, it shall be a defence for such officer to prove that such supply was made without his
knowledge or consent. (No. 34 of 1958 as amended by G.N.No. 304 of 1964 and Act No. 13 of 1994) 10. (1) If any intoxicating liquor be supplied or sold to any member or guest on the premises of an unregistered club, the person or persons supplying or selling such liquor or authorising the supply or sale of the same shall be liable on conviction to imprisonment with or without hard labour for a term not exceeding one month or to a fine not exceeding one thousand five hundred penalty units, or to both. (2) If any intoxicating liquor is kept for supply or sale on any unregistered club premises, every officer and member of such club shall be liable on conviction to a fine not exceeding three hundred penalty units, unless he prove to the satisfaction of the Court that such liquor was so kept without his knowledge or against his consent. (As amended by Act No. 13 of 1994) 11. (1) Every registered club shall keep on the club's premises a register Registers of of members and a register of guests. members and guests (2) A member introducing a guest, or the secretary when guests have been invited on the invitation of the club, shall cause to be entered in the register of guests the name and address of any such guest. (No. 30 of 1961) 12. (1) Any police officer of or above the rank of Assistant Superintendent and, where there is no police station within ten miles of the club premises, any Administrative Officer may, at any time during such hours as the premises of a registered club are open to members, enter upon the premises and make inquiries for the purpose of this Act and may(a) call for and inspect the register of members and the register of guests; (b) inspect the club premises; and Power of entry of club premises Sale or supply of intoxicating liquor by an unregistered club
(c) take the names and addresses of any persons found on the club premises. (2) Any person who, having been required under the powers conferred by subsection (1) to give his name and address, fails to give the same or gives a false name or address shall be guilty of an offence and liable to a fine not exceeding three hundred penalty units. (3) Any person having charge of the register of members or the register of guests who refuses or fails to produce the same on demand to any person authorised to call for the same under the provisions of subsection (1) shall be guilty of an offence and liable to a fine not exceeding seven hundred and fifty penalty units. (No. 30 of 1961 as amended by G.N.No. 502 of 1964 and Act No. 13 of 1994) 13. (1) If a magistrate is satisfied by information on oath that there is Search warrant reasonable ground for supposing that any registered club is so managed or carried on as to constitute a ground for cancelling its registration, or that any intoxicating liquor is sold or supplied, or kept for sale or supply, on the premises of an unregistered club, he may grant a search warrant to any police officer of or above the rank of Sub Inspector named therein. (2) A search warrant granted under this section shall authorise the police officer named therein to enter the club, if need be by force, and to inspect the premises of the club, to take the names and addresses of any persons found therein, and to seize any books and papers relating to the business of the club. (As amended by No. 36 of 1933 S.I. No. 91 of 1965 and Act No. 24 of 1977) 14. (1) The Minister may, by statutory instrument, make regulations as Regulations to all or any of the following matters: (a) the hours of opening or closing of club premises;
(b) the hours during which intoxicating liquor may or may not be supplied to members or their guests;
(c) the form and manner in which application for a permit under section nine or for any renewal thereof shall be made; (d) the manner and form in which applications for registration or renewal thereof shall be made and the manner of hearing such applications; (e) the surrender of cancelled or determined Certificates of Registration. Regulations made under the provisions of paragraph (a) or (b) shall apply either to all clubs or to such clubs only as may be specified therein. (2) The regulations may prescribe penalties, including revocation of registration, for any contravention thereof or failure to comply therewith, not exceeding a fine of one thousand five hundred penalty units or in default of payment imprisonment not exceeding six months with or without hard labour. (As amended by No. 34 of 1958, G.N. No. 304 of 1964 and Act No. 13 of 1994)
SCHEDULE PRESCRIBED FORMS
FORM 1 (Section 5)
THE CLUBS' REGISTRATION ACT APPLICATION FOR REGISTRATION I, of ..................................... make oath and says as follows: 1. 2. I am the duly appointed Secretary of a Club known as The number of members of such Club at the date of this application is
3. The objects of the Club are 4. The Club premises are situate at 5. The paper writing hereunto annexed marked "A" contains a true copy of the Rules of the Club. 6. I have been authorised by the members to make application for registration of the Club. Sworn at this ........................................... .day of Before me: Magistrate (As amended by No. 36 of 1933) .
FORM 2 (Section 6)
THE CLUBS' REGISTRATION ACT CERTIFICATE OF REGISTRATION IT IS HEREBY CERTIFIED that registration of the Club known as with its premises situate at has this day been *effected in accordance with the provisions of the Clubs' renewed Registration Act. Dated this .................................... day of 19 ...... District Secretary, DISTRICT *Strike out whichever word is appropriate. This Certificate lapses if not renewed during the month of December in every year. (As amended by No. 33 of 1966)
CLUBS' REGISTRATION SECTIONS 9 AND 14-THE CLUBS (LIQUOR) REGULATIONS Regulations by the Minister 1. These Regulations may be cited as the Clubs (Liquor) Regulations. Title 2. An application for a permit under section nine of the Act and for any renewal thereof shall be made in writing to the District Secretary by the club secretary. The application shall state the name of the club, the situation of the club premises and the number of members at the date of application. CHAPTER 163 THE LOTTERIES ACT
Form and manner of application for permit
Section 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. Short title Interpretation Unauthorised lotteries Establishment of Board Authorisation of lotteries Powers of controlling authorities Imposition of conditions Utilisation of gross proceeds of a lottery for certain purposes Prescribed fees Invalid conditions by promoters Power to require incorporation of promoters
12. 13. 14. 15.
Lotteries incidential to certain entertainments Private lotteries Offences by bodies corporate Powers of President and Minister
8 of 1957 62 of 1957 32 of 1959 44 of 1960 20 of 1961 22 of 1963 Government Notices 304 of 1964 497 of 1964 Statutory nstrument 91 of 1965 Act 17 of 1975 27 of 1989 13 of 1994
CHAPTER 163 LOTTERIES An Act to provide for the control and regulation of lotteries; to provide for the setting up of a Lotteries Control Board and for the powers and duties thereof; and to provide for matters connected therewith and incidental thereto. [1st November, 1957
1.
This Act may be cited as the Lotteries Act.
2. In this Act, unless the context otherwise requires"Board" means the Lotteries Control Board established under the provisions of section four; "controlling authority" means(a) in respect of a lottery in which tickets or chances are to be issued for sale to a total value in excess of six hundred kwacha, the Board; (b) in respect of a lottery in which tickets or chances are to be issued for sale to a total value not exceeding six hundred kwacha, the officer commanding the Police Division in which the lottery is to be conducted;
"lottery" means any scheme or arrangement whereby prizes in the form Cap. 92 of money or other property or benefit are awarded to holders of tickets
or chances acquired by prior payment and drawn by lot, or whereby the winners are determined by the incidence of chance from amongst the holders of such tickets or chances in any other manner except by means of a gaming machine as defined by the aming Machines (Prohibition) Act. "officer commanding the Police Division" includes such other police officer duly authorised in that behalf by such officer commanding: Provided that such other officer shall be the police officer in charge of the particular area in which the lottery is to be conducted. (As amended by Act No. 17 of 1975) 3. (1) Any lottery promoted or conducted otherwise than in accordance Unauthorised with the provisions of this Act shall be deemed to be an unauthorised lotteries lottery. (2) Any person who opens, keeps or uses any place for carrying on an unauthorised lottery shall be guilty of an offence and shall be liable to a fine not exceeding two thousand five hundred penalty units or to imprisonment for a term not exceeding two years, or to both. (3) Any person who prints or publishes, or causes to be printed or published, any advertisement or other notice of or relating to an unauthorised lottery, whether promoted within Zambia or elsewhere, or of or relating to the sale of any ticket or chance in any such lottery, shall be guilty of an offence and shall be liable to a fine not exceeding one thousand five hundred penalty units. Provided that the publication of any such advertisement or notice in a newspaper printed outside Zambia and normally circulating within Zambia shall not be a contravention of the provisions of this subsection if the lottery to which such advertisement or notice refers is promoted and conducted outside Zambia. (4) When any person is convicted of an offence under the provisions of this section, the court may, in addition to or in lieu of any penalty which may be imposed, order the forfeiture of any instrument, apparatus or device used in connection with the lottery concerning which the conviction has taken place.
(As amended by S.I. No. 91 of 1965, Act No. 27 of 1989 and No. 13 of 1994) 4. (1) There shall be established a board, to be known as the Lotteries Control Board, which shall consist of(a) (b) (c) a chairman the Director of Social Welfare or his representative; and three members of the public. Establishment of Board
(2) The chairman and the members of the Board, other than public officers, shall be appointed to the Board by the Minister for such period, not exceeding three years, as the Minister may specify: Provided that(i) if the chairman is appointed by office, the provisions of this section relating to the period of such appointment shall not apply thereto; (ii) a retiring chairman or member shall be eligible for reappointment. (3) The Minister may at any time require the chairman or an appointed member of the Board to resign therefrom. (4) The chairman and members of the Board, other than public officers, shall be paid out of moneys appropriated for the purpose by Parliament, such remuneration and allowances as the Minister may from time to time determine. (5) The Minister may appoint a person to be a secretary of the Board. (6) A quorum of the Board shall be three, at least one of whom shall be a member of the public.
(As amended by No. 62 of 1957, No. 44 of 1960 and G.N. No. 304 of 1964) 5. (1) A controlling authority may, in its absolute discretion, authorise Authorisation the promotion and conduct of a lottery, not being a lottery held under the of lotteries provisions of section twelve or thirteen(a) which is intended to raise funds for social service, public welfare, relief of distress or patriotic purposes or to provide recreational or sporting facilities; and (b) at least one-quarter of the gross proceeds of which is to be devoted to the object for which the lottery is promoted; and (c) in respect of which an application, which shall state in detail the purposes for which the lottery is to be promoted, is made by the intended promoters to the appropriate controlling authority. (2) The Minister may, in his absolute discretion and subject to such conditions as he may think fit to impose, authorise the promotion and conduct of any lottery not otherwise authorised or permitted under the provisions of this Act. (3) Where(a) in the case of a lottery authorised under the provisions of subsection (1), less than one-quarter of the gross proceeds of the lottery is devoted to the object for which such lottery is promoted or any of the proceeds are devoted to any purpose, other than expenses and prizes, which is not such an object; or (b) in the case of a lottery authorised by an officer commanding a Police Division under the provisions of subsection (1), tickets or chances in such lottery are issued for sale to a total value in excess of six hundred kwacha; each promoter of such lottery shall be guilty of an offence and shall be liable to a fine not exceeding twenty five penalty units (As amended by G.N. No. 304 of 1964, Act No.27 of 1989 and 13 of 1994)
6. (1) A controlling authority may-
Powers of controlling authorities
(a) make such investigation, or require the submission of such information, as it may deem necessary in order to enable it to examine any application made to the authority under the provisions of subsection (1) of section five; (b) impose, in respect of any authorisation granted under the provisions of the said subsection, such conditions as it may deem necessary in order to ensure that the lottery concerned is promoted and conducted as efficiently as possible in the interests of the purposes for which it is being promoted and of the public in general; (c) take such steps as it may deem necessary in order to ensure that any conditions imposed under paragraph (b) have been or are being complied with; (d) require any lottery which it has authorised to render accounts to the authority in such form and within such period as it may specify; (e) guide and co-ordinate the proper and equitable distribution of the charitable funds of any lottery authorised by it; (f) make recommendations from time to time to the Minister for the better control of lotteries with particular regard to the protection of the public from fraud. (2) If any condition, imposed under the provisions of subsection (2) of section five, or of paragraph (b) of subsection (1), or of subsection (5) of section eight, is broken, each of the promoters of the lottery concerned and, where the person by whom the condition is broken is not one of the promoters, that person also, shall be guilty of an offence and shall be liable to a fine not exceeding two hundred and fifty penalty units Provided that it shall be a defence for a person charged only by reason of his being a promoter of the lottery to prove that the offence was committed without his knowledge. (As amended by No. 20 of 1961, G.N. No. 304 of 1964
and Act No. 13 of 1994) 7. Without prejudice to the generality of paragraph (b) of subsection (1) of section six, a controlling authority may, in respect of any lottery authorised by it, impose conditions under the said paragraph(a) providing for the amount, not exceeding twelve and one-half per centum of the gross proceeds of the lottery, which the promoters thereof may deduct from such proceeds in respect of operating expenses; Provided that, in the case of a series of lotteries proposed to be promoted by the same persons, the authority may, in its discretion, allow the deduction of an amount in excess of the aforesaid percentage in respect of all or any of the lotteries drawn within the period of twelve months from the date of the draw of the first lottery in such series; (b) providing for the protection of purchasers of tickets or chances in the lottery against fraud; (c) providing for the submission of accounts by the promoters of the lottery; (d) restricting the amount of the proceeds of the lottery which may be used for the purposes of such lottery outside Zambia, which amount shall not exceed one-fifth of the total amount devoted to the object for which the lottery is promoted; (e) relating to the provision by the promoters of the lottery of guarantors to cover the expected proceeds, or any part thereof, of such lottery. (As amended by No. 22 of 1963) 8. (1) Where the promoters of a lottery wish toUtilisation of gross proceeds of a lottery for certain purposes Imposition of conditions
(a)
build up a reserve fund for prize stabilisation; or
(b) create a reserve to meet extraordinary expenditure not attributable to any particular draw; or (c) acquire premises for the purposes of providing office or staff accommodation; or (d) incur capital expenditure;
they shall apply to the Board for permission to do so, setting out in such application details of their proposals. (2) Where application is made to the Board under the provisions of subsection (1), the Board may, if it is satisfied that the application is made in respect of a recurrent lottery and that the lottery concerned would, if the application were approved, be promoted and conducted more efficiently in the interests of the purposes for which it is being promoted and of the public in general, approve the application. (3) Where the Board approves an application under the provisions of subsection (2), it may authorise the promoters of the lottery to utilise a portion of the gross proceeds of one or more future lotteries for such of the purposes set out in subsection (1) as are referred to in the said application: Provided that the Board shall not authorise the promoters to utilise an amount in excess of one-twentieth of the gross proceeds of any lottery for such of the said purposes as are referred to in the said application. (4) Notiwthstanding the provisions of section seven, any amount which the promoters are authorised to utilise under the provisions of subsection (3) shall be in addition to any amount deducted from the gross proceeds in accordance with the provisions of paragraph (a) of section seven. (5) The Board may attach such conditions as it may deem necessary to any approval or authority given under the provisions of this section. (6) In the event of the promoters ceasing to promote further lotteries, any assets acquired with funds utilised in accordance with the provisions of this section shall be sold and the proceeds of such sale disposed of in meeting winding-up expenses and accrued liabilities, not otherwise provided for, and any residue remaining after any such expenses or liabilities have been met shall be disposed of in such manner as the Board may direct. (No. 20 of 1961) 9. (1) The promoters of any lottery authorised under the provisions of Prescribed fees section five shall pay into the general revenues of the Republic such fee
or fees in respect of such authorisation as may from time to time be prescribed. (2) For the purposes of any condition imposed upon the authorisation of a lottery in respect of the limitation of operating expenses, any fee paid under the provisions of this section shall be deemed to be part of such expenses. (As amended by S.I. No. 91 of 1965) 10. For the purposes of any civil proceedings brought in respect of any Invalid ticket or chance in any lottery authorised under the provisions of section conditions by five, a condition imposed by the promoters of such lottery that tickets or promoters chances in such lottery shall not be sold, or prizes awarded, to any specified class or classes of persons shall be deemed to be null and void. 11. Before authorising the promotion of a lottery under the provisions of subsection (1) of section five, the Board may require the promoters of such lottery to become a body corporate under any written law for the time being in force relating to incorporation. 12. (1) A lottery may be promoted and conducted as an incident of an entertainment to which this section applies provided that all the conditions specified in subsection (2) are observed in connection with the promotion and conduct of such lottery. (2) The conditions referred to in subsection (1) are that(a) the whole proceeds of the entertainment (including the proceeds of the lottery) after deducting(i) the expenses of the entertainment excluding the expenses incurred in connection with the lottery; and (ii) the expenses incurred in printing tickets in the lottery; and (iii) such sum (if any) not exceeding twenty kwacha as the promoters of the lottery think fit to appropriate on account of any expenses incurred by them in providing or purchasing prizes in the lottery; shall be devoted to purposes other than private gain; (b) tickets or chances in the lottery shall not be sold or issued, nor Power to require incorporation of promoters Lotteries incidental to certain entertainments
shall the result of the lottery be declared, except on the premises on which the entertainment takes place and during the progress of the entertainment; and (c) the facilities provided for participating in lotteries shall not be the only, or the only substantial, inducement to persons to attend the entertainment. (3) If any of the conditions specified in subsection (2) is broken or not complied with, every person concerned in the promotion or conduct of the lottery shall be guilty of an offence and shall be liable to a fine not exceeding two hundred and fifty penalty units Provided that in any proceedings instituted under the provisions of this subsection it shall be a defence to prove that the offence was committed without the knowledge of the person against whom such proceedings are brought. (4) The entertainments to which this section applies are bazaars, sales of work, fetes, dances and other entertainments of a similar character, whether limited to one day or part thereof or extending over two or more days. (As amended by Act No. 13 of 1994) 13. (1) In this section"private lottery" means a lottery within Zambia which is promoted for, and in which the sale of tickets or chances by the promoters is confined to, either(a) members of one club established for social or recreational purposes only; or (b) (c) persons all of whom work in the same building; or persons all of whom reside in the same building; Private lotteries
and which is promoted by persons each of whom is a person to whom, under the foregoing provisions, tickets or chances may be sold by the promoters and, in the case of a lottery promoted for the members of a club, is a person authorised in writing by the governing body of the club to promote the lottery.
(2) A private lottery may be promoted and conducted provided that all the conditions specified in subsection (3) are observed in connection with the promotion and conduct of such lottery. (3) The conditions referred to in subsection (2) are that(a) the whole proceeds, after deducting only expenses incurred for printing and stationery, shall be devoted to the provision of prizes for purchasers of tickets or chances or, in the case of a lottery promoted for the members of the club, shall be devoted either to the provision of prizes as aforesaid or to purposes which are purposes of the club or, as to part, to the provision of prizes as aforesaid and, as to the remainder, to such purposes as aforesaid; (b) there shall not be exhibited, published or distributed any written notice or advertisement of the lottery other than(i) a notice thereof exhibited on the premises of the club for whose members it is promoted or, as the case may be, in the building in which the persons for whom it is promoted work or reside; and (ii) such announcement or advertisement thereof as is contained in the tickets, if any; (c) the price of each ticket or chance shall be the same, and the price of any ticket shall be stated on the ticket; (d) every ticket shall bear upon the face of it the names and addresses of the promoters of the lottery and a statement of the persons to whom the sale of tickets or chances by the promoters is restricted, and a statement that no prize won in the lottery shall be paid or delivered by the promoters to any person other than the person to whom the winning ticket or chance was sold by them, and no prize shall be paid or delivered except in accordance with that statement; (e) no ticket or chance shall be issued or allotted by the promoters except by way of sale and upon receipt of the full price thereof, and no money or valuable thing so received by a promoter shall in any circumstances be returned; and (f) no ticket in the lottery shall be sent through the post.
(4) If any of the conditions specified in subsection (3) is broken, each of the promoters of the lottery and, where the person by whom the condition is broken is not one of the promoters, that person also, shall be guilty of an offence and shall be liable to a fine not exceeding five hundred penalty units Provided that it shall be a defence for a person charged only by reason of his being a promoter of the lottery to prove that the offence was committed without his knowledge. (As amended by Act No. 27 of 1989 and No. 13 of 1994) 14. Where a person convicted of an offence under this Act is a body Offences by corporate, every person who at the date of the commission of the offence bodies was a director or officer of such body corporate shall also be deemed to corporate be guilty of that offence unless he proves that the offence was committed without his knowledge. 15. (1) The Minister may, by statutory instrument, make regulationsPowers of President and Minister
(a) prescribing the form in which any application for authorisation under the provisions of section five shall be made; (b) prescribing the amount of any fee payable under the provisions of section nine; (c) generally for the carrying into effect of this Act.
(2) The President may give general or special directions to officers commanding Police Divisions in regard to the discharge of their functions as controlling authorities. (As amended by G.N. No. 304 of 1964 and S.I. No. 91 of 1965)
LOTTERIES
SECTION 15-THE LOTTERIES (PROCEDURE AND Government Notices FEES) REGULATIONS 281 of 1957 Regulations by the Minister
45 of 1960 497 of 1964 Statutory Instrument 91 of 1965 147 of 1989 158 of 1990 8 of 1992 6 of 1993 Act No. 13 of 1994
1. These Regulations may be cited as the Lotteries (Procedure and Fees) Regulations. 2. Every application for authorisation under the provisions of section five of the Act to promote or conduct a lottery shall be submitted to the appropriate controlling authority in Form 1 in the First Schedule. (As amended by No. 45 of 1960)
Title
Form of application
3. There shall be attached to every such form of application a specimen Specimen of copy of the ticket or chance, identical in every particular with the tickets ticket to be or chances intended to be issued for sale. submitted Time for 4. Any such application shall be submitted to the appropriate controlling authority at least thirty days before the date set for either the submission of advertisement of the lottery or the commencement of the issue of tickets, application whichever may be the earlier. 5. On receipt of any such application, a controlling authority shall satisfy itself that the particulars required are set out with sufficient clarity and may return the application for amplification or amendment. Particulars to be set out clearly
6. The promoters of any lottery authorised by a controlling authority Fees shall pay to the said authority within seven days from the receipt of such authorisation the fees set out in the Second Schedule.
7. (1) The chairman shall preside at all meetings of the Board at which Meetings of he is present. In the absence of the chairman, the members shall elect Board one of their number to preside. (2) All questions coming or arising before a meeting shall be decided by a majority of the members present and voting thereon and, in the case of an equality of votes, the person presiding at the meeting shall have a second or casting vote. (3) The Board shall keep minutes of all its meetings. Offence 8. (1) No person shall knowingly make in any application for authorisation of a lottery under the provisions of section five of the Act a statement which is false in a material particular. (2) Any person who contravenes the provisions of this regulation shall be guilty of an offence and shall be liable to a fine not exceeding eight penalty units or to imprisonment for a period not exceeding three months, or to both. (As amemded by Act No. 13 of 1994)
FIRST SCHEDULE PRESCRIBED FORM

FORM 1 (Regulation 2)
THE LOTTERIES ACT APPLICATION FOR AUTHORISATION TO PROMOTE AND CONDUCT A LOTTERY
1. 2. 3. State the name, address and telephone number of organisation promoting the lottery (BLOCK CAPITALS) State whether the organisation is incorporated or not If not incorporated, state the names, addresses and occupations of two guarantors (BLOCK CAPITALS) What is the extent of their acceptance of liability in respect of the lottery? (Proof of acceptance of liability should be in writing and signed by the guarantors).. .. If incorporated, state the name and address of manager responsible for administration of the lottery (BLOCK CAPITALS) .. .. .. Give details of fidelity bonds existing in respect of administration staff .. .. State whether it is intended to raise funds for social service; public welfare; relief of distress; patriotic purposes; provision of recreational or sporting facilities What form will the lottery take (e.g. sweepstake, raffle, game of chance, etc.)? .. .. If a sweepstake or raffle(a) give the price and number of all types of tickets or chances to be issued for sale .. .. (b) state method by which tickets or chances are to be sold: i.e. books of tickets, subscription lists, etc. How will vendors be selected and what inducements (if any) will they be offered? .. .. .. (c) will tickets be sold outside Zambia? If so, by what means? .. .. .. If a game of chance, give full particulars .. What percentage (25 per cent. or over) of gross proceeds is to be devoted to beneficiaries? .. .. Give particulars (including addresses) of the proposed beneficiaries stating the proportion in which each will benefit (if insufficient space, please attach an additional sheet) .. .. .. .. What is the estimated percentage of the gross proceeds which will be deducted for operating expenses? Give details of prizes(a) monetary; (b) other. If under (b), is it proposed to buy them with proceeds from the sale of tickets? .. .. .. On what date is it proposed to draw the lottery and by what mehod will the draw be conducted? .. What method is proposed for the distribution of prizes? In the event of the lottery's gross proceeds exceeding the amount necessary to pay the beneficiaries, the expenses and the prizes, how will the excess be disposed of? Please give
4.
5.
6. 7.
8. 9. 10.
11. 12.
13. 14. 15.
particulars Date
..
..
..
Signature of applicant
NOTES: (a) This application must be submitted to the controlling authority in the following manner: (i) (in triplicate) in the case of a lottery in which the tickets or chances to be issued for sale are of a total value of K600 or less, to the Officer Commanding the Police Division of the area in which the lottery is to be conducted; or (ii) (in quintuplicate) in the case of a lottery in which tickets or chances to be issued for sale are of a total value of more than K600, to the Lotteries Control Board, P.O. Box 575, Lusaka. (b) A specimen of each type of ticket or chance to be issued for sale must be attached to each form, together with a list of rules, if any, under which the tickets are to be sold. (c) The law requires that an application should be submitted to the controlling authority at least thirty days before the date set for either the advertisement of the lottery or the commencement of the issue of tickets, whichever may be the earlier. (d) In the case of a lottery authorised by the Zambia Police, the words "Authorised by the Zambia Police" should appear on the ticket, and in the case of those authorised by the Lotteries Control Board, the words "Authorised by the Lotteries Control Board of Zambia" should appear on the ticket. (e) At least a quarter of the gross proceeds must be devoted to the object for which the lottery is promoted and not more than one-fifth of
such quarter may be used outside Zambia. (f) Not more than 121/2 per cent. of the gross proceeds is allowed for operating expenses, except in the case of a series of lotteries, when additional expenses may be permitted in respect of the first three draws at the discretion of the controlling authority.
(No. 45 of 1960 as amended by No. 91 of 1965)
SECOND SCHEDULE
(Regulation 6)
SCALE OF FEES
Where the total value of the tickets or chances to be issued for sale: Fee units Does not exceed K2,000 .. .. Exceeds K2000 and does not exceed K8,000 Exceeds K8,000 and does not exceed K20,000 Exceeds K20,000 and does not exceed K35,000 Exceeds K35,000 and does not exceed K60,000 Exceeds K60,000 and does not exceed K80,000 Exceeds K80,000 and does not exceed K100,000 Exceed K100,000 . . .. .. ..
.. .. .. .. .. .. .. ..
.. .. .. .. .. .. .. ..
.. .. .. .. .. .. .. ..
. . . . . . . 5
(As amended by S.I. No. 158 of 1990, 8 of 1992 and No. 6 of 1993 and Act No. 13 of 1994)
CHAPTER 164 THE ZAMBIA INSTITUTE OF MASS COMMUNICATIONS (REPEAL) ACT

Clause 1. 2. 3. 4. 5. 6. 7. 8. Short title Interpretation Winding-up of affairs of the Institute Vesting of assets and transfer of liabilities Registration of property to be transferred Legal proceedings Employees Repeal of Act No. 9 of 1991
CHAPTER 164
ZAMBIA INSTITUTE OF MASS COMMUNICATIONS (REPEAL)
Act 19 of 1996
An Act to provide for the repeal of the Zambia Institute of Mass Communications Act, 1991; and to provide for matters connected with or incidental to the foregoing. [28th June, 1996] 1. This Act may be cited as the Zambia Institute of Mass Communications (Repeal) Act. 2. In this Act, unless the context otherwise requiresShort title
Interpretation
"appointed date" means such date as the Minister shall appoint under section three;
"Institute" means the Zambia Institute of Mass Communication established under the Zambia Institute of Mass Communications Act; "Trust" means the Zambia Institute of Mass Communication Educational Trust established under the Land (Perpetual Succession) Act.
Act No. 9 of 1991 Cap. 186
3. (1) The Minister shall, before the commencement of this Act, ensure Winding-up of that a proper record of the Institute's assets and liabilities is published in affairs of the the Gazette for the information of the public. Institute (2) When the Minister is satisfied that all necessary agreements and arrangements have been made for the winding-up of the affairs of the institute, he shall, by statutory instrument, order that the Institute be disolved on such date as may be appointed in the statutory instrument. 4. (1) On the appointed date, there shall be transferred to, and shall vest in and be owned by the Trust without further assurance all property, rights, liabilities and obligations which, immediately before the appointed date, were the property, rights, liabilities and obligations of the Institute by virtue of the repealed Act. (2) The Minister shall, by statutory instrument provide for the transfer of any property, rights, liabilities or obligations to the Trust without further assurance on such terms and conditions as may be specified in the statutory instrument. (3) The property, rights, liabilities or obligations specified in the statutory instrument made under subsection (2) shall, on the coming into force of the statutory instrument, vest in, or, as the case may be, subsist against the trust. (4) The provisions of section five shall apply, with the necessary modifications, to the Trust on the coming into force of the statutory instrument. 5. (1) Whenever in pursuance of this Act, any property, rights, liabilities or obligations, of the Institute are transferred to the Trust in respect of which transfer a written law provides for registration, the Registration of property to be transferred Vesting of assets and transfer of liabilities
Institute shall make an application in writing to the proper officer or the appropriate registration authority for the registration of the transfer. (2) The officer referred to in subsection (1), shall make such entries in the appropriate register as shall give effect to the transfer and, where appropriate, issue the transferee concerned with a certificate of title in respect of the property, or make necessary amendments to the register, as the case may be, and shall make endorsement on the deeds relating to the title, right or obligation concerned. (3) No registration fees or duty shall be payable in respect of any transfer effected. 6. (1) Without prejudice to the other provision of this Act, where any Legal Proceedings rights, liabilities or obligations vest in the Institute by virtue of the repealed Act, the Trust and all other persons shall have the same rights, powers and remedies (and in particular the same rights as to the instituting or defending of legal proceedings or the making or resisting of applications to any authority) for ascertaining, perfecting or enforcing those rights, liabilities or obligations as they would have had if it had at all times been a right, liability or obligation of the Institute under the repealed Act. (2) Any legal proceedings or applications to any authority pending immediately before the commencement of this Act by or against the Institute in relation to the assets transferred to the Trust may be continued by or against the Trust. (3) After the commencement of this Act proceedings in respect of any right or obligation which was vested in, held, enjoyed, incurred or suffered by the Institute may be instituted by, or against the Trust. 7. (1) The Minister may, by statutory instrument, approve arrangements under which all or some of the employees of the Institute shall be transferred to the Trust. (2) Where a person is transferred in accordance with the arrangements made under subsection (1), his terms and conditions with the Trust shall be no less favourable than those enjoyed while in the employment of the Institute, and for the purposes of determining his rights to or obligations for any pension, gratuity, leave or other benefits, his previous service Employees
with the Institute shall be treated as service with the Trust. 8. The Zambia Institute of Mass Communications Act, 1991, is hereby Repeal of Act repealed. No. 9 of 1991
THE ZAMBIA INSTITUTE OF MASS COMMUNICATIONS (REPEAL) ACT SECTIONS 4 AND 7-THE ZAMBIA INSTITUTE OF MASS COMMUNICATIONS (VESTING OF ASSETS AND TRANSFER OF STAFF) ORDER Order by the Minister 1. This Order may be cited as the Zambia Institute of Mass Communications (Vesting of Assets and Transfer of Staff) Order. 2. (1) The property set out in the First Schedule shall, on the coming into force of this instrument, be transferred to the Trust without further assurance. (2) The property referred to in sub-paragraph (1) shall, on the coming into force of this instrument, vest in the Trust.
CAP. 164
Title
Transfer of assets
3. The staff whose names appear in the Second Schedule shall, on the Transfer of staff coming into force of this instrument, be transferred from the Institute to from Institute to the Trust. Trust
FIRST SCHEDULE (Paragraph 2)

ASSETS OF THE ZAMBIA INSTITUTE OF MASS COMMUNICATIONS TRANSFERRED TO THE TRUST SECTION "A" ADMINISTRATION
Currency Value (Kwacha)
Room Cabinet Chair Chair 4 piece Desk Desk Table Coffee Side Locker Shelf Trolly Monitor Printer Fax Heater
Description 1 1 3 1 1 1 2 1 1 1 2 1 1 1 1 1
Quantity 73,000 50,000 93,000 290,000 157,000 95,000 45,000 13,000 10,000 90,000 140,000 45,000 1 280,000 494,000 500,000 1 5,000 1
DIRECTOR'S OFFICE
Computer/Keyboard
1,260,000
Air Conditioner Radio Cassette
830,000 60,000
Painting Pictures Curtain Carpet
1 5 4 1
25,000 50,000 4,500 145,000 1 19,000 134,000 6,000 4,000 55,000 35,000 13,000 87,000 6,500 174,000 540,000 5,000 5,000 4,600 13,500 1 3,600 900 14,500 1 10,000 6,800 24,500 46,600 6,500 1,800 5,000 1,000 4,000 2,000
Waste Paper Basket SECRETARY'S OFFICE Cabinet Cabinet Chair Chair Desk Table Coffee Locker Fan Fridge Heater Kettle Puncher 1 2 2 1 1 1 1 1 1 1 1 1 1
Typewriter 1
Calculator 1 Pencil Sharpener Wire Tray 2 Ash Tray Picture 1 1
Waste Paper Basket Chair Chair Shelf Table Fan Puncher Picture 1 1 1 1 1 1 1
MANAGEMENT ACCOUNTANT'S OFFICE
Waste Paper Basket Wire Tray 3 Computer 1 Monitor Printer 1 1
1 5,500 500,000 280,000 390,000 90,000 55,000 7,800 46,000 6,600 1 1 1 11,000 27,000 4,800 11,600 35,000 26,000 24,000 12,600 9,700 25,000 6,500 5,000 13,500 4,000 1 5,500 128,000
1,000
Stabilizer 1 RECEPTION AREA Cabinet Chair Counter Heater 1 1 1 1
Key-treasure Waste Paper Basket Radio Cassette WAITING ROOM Cabinet Chair Desk Coffee Cabinet Chair Desk Locker Shelf Fan Heater Puncher Curtain Shelf 1 4 1 1 1 1 1 1 1 1 1 1 2 6
195,000 1,000 60,000
BOOK KEEPER'S OFFICE
Calculator 1
Calculator 1 Waste Paper Basket
1,000
ADMINISTRATION STORE ROOM
Deep Freezer Tablespoon 7 CASHIER'S OFFICE Cabinet Chair Desk Locker Shelf Heater Curtain Puncher Puncher 1 3 1 1 1 1 2PC 1 1
1 3,000 11,600 19,500 20,000 13,000 27,700 4,400 19,500 60,000 4,500 1,800 1 5,000 42,000 1,800 2,300 900 900 37,000 150,000 18,000 37,000 306,000 220,000 19,500 14,800 49,000 10,000 136,000 143,000 1
450,000
Typewriter 1
Pencil Sharpener Wire Tray 3 Lamp Waterjar Saucer Teacup Ash Tray Chair Chair Chair Table Table Table Cabinet Chair Desk Boiler Boiler 7 2 5 1 1 5 23 3 1 5 5 1 2 1 1 1
2,600
CAFETERIA/KITCHEN
Cupboard 1
Coffee machine
157,000
Geyser Heater Teacup Teapot Tumbler Milk jar
1 1 60 6 5 5
206,000 1 4,000 52,000 3,600 15,500 4,500 4,500 4,500 22 2,000 3,600 9,000 6,500 2 1 14,500 72,000 24,000 3 1 6mt 5,500 100,000 8,000 2 1 1 1 6,500 1 7,080,000 5,500 1,800 900 60,000 38,000 123,000 15,000 2,600 900 40,000 245,000
Kitchen Unit
Teaspoon 14 Sugar Bowl 5
Dining plates Side plates 2 Soup plates 4 Plastic tray 5 Bucket 2 Ladle spoon Waste Paper Basket JUNK STORE Bed Mattress Pillow 1 9 17
Side Drawer Lawn Mower Roll of Green Felt Cloth GARDEN STORE Sprinkler 2 Hose Pipe 6 x 30 Hose Pipe 10 m Flower-cutter Garden Fork Garden Spade Garden Bench Wire-roll 2 TRANSPORT Car AAL 8234
Pick-up GRZ 223BJ Bus 9 seater AAH 9262 Bus seater AAH 2018 Pick-up GRZ 614Y GUARD ROOM Chair Table Heater 1 1 1
1 1 1 1 135,000 22,600 5,000
6,680,000 6,680,000 6,680,000 1,000,000
SUB TOTAL ADMINISTRATION
39,321,800
SECTION "B" TRAINING

DEPUTY DIRECTOR'S OFFICE Chair Table Curtain 1 1 2 6,800 46,600 1 900 1 6,800 23,000 9,700 1 900 2,700 1 32,000 27,400 52,500 13,700 22,000 58,000 2 40,800 1 1 1 2,600 20,400 25,500 29,000 94,000 2,600 900 27,700 2,700 Obsolete 900 142,000
Air Conditioner Waste Paper Basket SECRETARY'S OFFICE Chair Desk Table Curtain 1 1 1 2
Telex Machine Wire Tray 3 Pencil Sharpener Cabinet Chair Desk Desk Desk Locker Shelf 1 4 1 1 1 2 1
DEVELOPMENT AIDS CO-ORDINATOR
Shelf for letterset Air Conditioner Pencil Sharpener Waste Paper Basket Puncher Chair Desk Locker 1 3 1 1 TRAINING MANAGER'S OFFICE
Waste Paper Basket Pencil Sharpener COURSE ASSISTANT'S OFFICE Chair Desk Desk Shelf Heater Puncher Ashtray 2 1 1 1 1 1 1
1 1 13,700 12,000 22,500 10,000 5,700 2,600 900 1 905,000 343,000 407,000 156,000 14,800 12,000 168,000 61,000 1 914,000 1 1 1 186,600 65,000 22,000 24,000 18,600 88,900 29,000 9,700
900 2,600
Zamcom Seal Computer 1 Monitor Printer Chair Chair Desk Desk Desk Blinder 1 1 22 2 1 18 5 10
15,000
CONFERENCE ROOM
Air Conditioner Projector Screen White Board Waste Paper Basket Projector Chair Chair Desk Desk Desk Desk Desk 1 10 3 2 2 7 1 1 CLASS ROOM 1
Obsolete 123,500 123,500 900
Air Conditioner Blinder Projector Screen Puncher Chair Chair Desk Desk Desk Blinder Screen Projector 6 1 1 1 5 7 8 1 4 6 1 1
1 612,000 186,600 123,500 1 4,500 32,000 51,000 78,500 55,000 51,000 500,000 123,500 1 186,600 1 33,500 414,000 34,500 10,000 123,500 1 1 55,400 24,000 24,000 1 17,500 2 1 330,000
273,000
White Board CLASS ROOM 2
123,500
White Board Air Conditioner BOARD ROOM Chair Chair Desk Table Screen 1 8 1 1 1
123,500 273,000
White Board Pencil Sharpener TRAINING STORE Desk Desk Shelf Locker 1 2 1 1
123,500 2,900
Epidia Scope Projector Lens Projector Slide Projector 2
164,000 330,000 90,000
Stand
123,500 157,300 1,245,000 1 2,900 900 65,600 62,600 16,000 162,000 24,700 80,000 13,000 100,000 125,400 52,500 184,600 1 21,880,000 2,600 800,000 1 3,900 68,500 7,200 6,800 24,700 50,000 41,000 5,000 1 21 11,600 10,000 1,600 142,000 123,500
Typewriter 2 Typewriter 15 White Board Puncher Ashtray LIBRARY Cabinet Cabinet Chair Chair Counter Counter Desk Shelf Shelf Table 1 1 2 20 1 1 1 2 2 4 1 1
Typewriter 1 Air Conditioner Books Puncher Copier 2962 1 1
Pencil Sharpener Wire Tray 2 LIBRARY OFFICE Cabinet Chair Chair Desk Shelf Heater 1 1 1 1 1 1
Typewriter 1 Coffee Table Picture Frame
SUB-TOTAL TRAINING
34,619 ,500
SECTION "C" TRANSMISSION HALL (STORE ROOM)

FORMER PRINT UNIT Cabinet Chair Desk Table Cutter Cutter Cutter 1 6 2 10 1 1 1 70,000 44,600 45,000 214,000 1 208,000 52,000 35,000 172,500 1 1 1 1 1 1 96,000 1 2 174,000 1 6,200 2 5,000 4,400 3,500 1 13,500 6,106,200 1,900,000 3,500 450,000 373,000 40,300 617,700 191,000 90,000 44,000 420,000 750,000 83,000
Binding Machine
Duplicator 1 Print Frame Dry Lettering Machine Lettering Machine Photo. Stencil Dev. Unit Printer Offsetting Printer Stencil Processor 1 Stencil Cutter Graphic Table Gyllotine Heater Puncher Puncher 1 1 2 1 Photocopier Waste Paper Basket
Paper Tray 2 Print Camera Wash Dish 3 SUB-TOTAL PRINTING UNIT
SECTION "D" TECHNICAL

RADIO STUDIO Amplifier 1 Cue-light Speaker 2 1 307,000 70,000 90,000 1 3 39,000 39,000 58,000 157,000 42,000 19,500 6,000 15,400 300,000 500,000 1 2 1 1 108,000 39,000 35,000 2,000 6,200 12,300 15,400 307,000 1 Obsolete Obsolete 2,400,000 Obsolete 2,400,000 195,000 Obsolete
Microphone Microphone Boomstand 1 Tablestand 1 Tablestand 3 Table Table Chair Chair Curtain 1 2 1 1 6
CONTROL ROOM 1 Echo Unit 1 Speaker 2 Record Player Tape Recorder Tape Recorder Audio Mixer Timer Chair Desk Dust Bin Heater Wall Fan Curtain 1 2 1 1 1 1 5
CONTROL ROOM 2 Amplifier 1 Audio Mixer
Desk Speaker
1 1
14,500 78,000 97,000 2 2 6,800 12,600 1 12,300 1 1 6 5,500 1ST 21,200,000 6,000,000 53,000 220,000 200,000 600,000 1,000,000 3 35,000 516,000 450,000 440,000 16PC 118,000 2,360,000 1,200,000 3 27,700 84,000 3,200,000 46,000 618,000 43,700 900 1,800 Obsolete 750,000 Obsolete 2,400,000
Desk Mixer 1 Record Player Tape Recorder Chair Table Curtain 1 1 4
Tape Recorder Waste Paper Basket Pencil Sharpener Tape Recorder Curtain 2 TV STUDIO Blue Board Set Camera Camera Desk Set Headset 2 1 1ST 3
Light Unit 1 Light Unit 3 Light Unit 5 Microphone Cue Light 1 Monitor Monitor Scafold 1 1 1
Stage Elements Tablestand 3 Tripod Tripod Chair Curtain 2 1 4 14PC
View Finder
TV CONTROL Chair Desk Table Camera 2 1 2 1 39,300 152,000 68,000 Obsolete 2 2 3 3 1 300,000 225,000 472,000 1,800,000 1 1 250,000 3,300,000 1 1,200,000 295,000 500,000 450,000 800,000 800,000 1,800,000 500,000 78,000 1 1 1,650,000 1 1 1 Obsolete 275,000 1,200,000 1,100,000 550,000 Obsolete 3,150,000 118,000 688,000 360,000 1,600,000 3,900,000 2,950,000
Camera Adaptor Camera Adaptor Camera Adaptor Camera Cont Unit Chroma Keyer Computer 2 Desk Mixer 1 Distributor 1 Edit Unit 1 Effects Generator Light Timmer Speaker Camera 1 1
Audio Mixer Modulator 2 Monitor Monitor Monitor Monitor Monitor Monitor 1 1 1 2 2 1
Osc. Scope 1 Audio Jack 1 Rack Double Rack Single Rack Triple 1 Record Player Repro. Stand Tape Recorder
A/V/Selector TBC Trolly VCR VHS 2 3 3 1
5 7,000,000 400,000 12,000,000 1 300,000 4 1 120,000 96,000 1 11,500 48,000 1,700,000 Obsolete 1,000,000 500,000 1 1 8,000,000 Obsolete Obsolete 1,000,000 900 1 2 1 2 5 1 1 5
1,500,000
Vect. Scope Video Amplifier Vision Mixer Cooler Headset 2 2
2,600,000 1,100,000 9,000,000
Waste Paper Basket EDIT/ROOM Chair Table Edit Unit Monitor Monitor 2 1 1 1 2
900
Edit Unit 8 1
Rack Double Rack Single VCR VCR-V8 VHS VHS Ashtray 1 2 1 2 1
1,100,000 550,000
OBS STORE ROOM AC Adaptor AC Adaptor AC Adaptor AC Adaptor AC Adaptor Audio Mixer Audio Mixer Battery Adaptor 540,000 980,000 49,000 500,000 1,720,000 1,000,000 780,000 900,000
Battery Adaptor Battery Pack Belt Battery Pack Camcorder Hi8 Camera Camera Camera 1 1 1
2 2 2 2 2,000,000 1,700,000 2,800,000 6 3 2 3 2 1 Obsolete 93,000 160,000 58,000 120,000 Obsolete 116,000 26,000 510,000 1,000,000 4 1 1 5 5 5 1 1 200,000 400,000 885,000
360,000 Obsolete Obsolete 1,800,000
Cassette Recorder Battery Charger Battery Charger Hi8 Battery Charger Battery Charger Colour Adaptor Floodlight 1 Floorstand 2 Headphone 1 Headset Headset Headset Headset Headset 2 4 2 4 2
1,560,000 1,000,000 740,000 1,000,000 Obsolete 230,000
Lightstand 4 Lightstand 2 Microphone Microphone Microphone Microphone Microphone Microphone Microphone Microphone Quarzlight 2 RDS Light 3 Spotlight 6
825,000 112,000 90,000 590,000 980,000 640,000 330,000 Obsolete
Tablestand 5 RF Adaptor Hi8 Tape Recorder Tape Recorder Tape Recorder Tape Recorder TECHNICAL STORE Tripod Tripod Tripod Tripod Tripod Tripod VCR 1 2 5 2 2 3 2
236,000 2 1 1 3 3 Obsolete Obsolete 5,800,000 Obsolete 2,300,00 1,800,000 Obsolete 470,000 1,000,000 144,000 3 5 90,000 210,000 69,000 44,000 22,000 13,000 5M 43,000 7,300 1 1 1 1 Lot 9,000 118,000 2,600 98,000 5,000 29,000 14,000 215,000 835,000 7,800,000 1,500,000 600,000
Viewfinder 1 Viewfinder 8 Tablestand 4 Microphone shiled Microphone Clip Locker Shelf Shelf Desk Wall Fan 1 3 1 1 1
Workbench 1
Mains extension TECHNICAL STORE OFFICE Desk Chair 1 1
Keytreasure Magn. Tape Wiper Pencil Sharpener Assorted A/V Cables TECHNICAL STORES
Drawer
43,000 1 2 1 26,000 31,000 2 60,000 360,00 1,000,000 Obsolete 1,500,000 Obsolete 10,000 184,000 1 Lot 1 2 1 Obsolete 1 1 1 1 1,500,000 9 1 1 1 1,200,000 500,000 700,000 190,000 1 62,000 300,000 Obsolete Obsolete 200,000 Obsolete 100,000 60,000 290,000 98,000 182,000 354,000 Obsolete 39,000 300,000 245,000 117,000
Battery Charger Drilling Machine Drilling Machine Heater Pliers 5 2
Projector Synchroniser Television 1 Television 3 Television 3 Television 1 VHS Copier Ladder 3 1 1
Tools Box 1 Assort. A/V Cables Camera Adaptor Car Battery Adaptor AF Oscillator Amplifier 1 Bridgemeter Cassette Recorder Cassette Recorder Distortion Metre Edit Unit 1 Microphone Hold M. Watts Meter Oscilloscope Electronic Lettering Machine Projector Projector Speaker Speaker 2 1 4 1
Transformer
Turn Table 1 VCR VCR VCR 1 1 1
440,000 Obsolete 1,800,000 Obsolete 1 1 1 1 215,000 638,000 1 480,000 175,000 1 1 1 34,000 800,000 5 1 1 Lot 9,800 1 1 3 98,000 412,000 1 115,000 2 200,000 1 1,000,000 2,300,000 500,000 665,000 440,000 660,000 132,000 4,400 2,000 100,000 65,000 13,000 200,000 414,000 340,000 1,000,000 2,800,000 7,300,000
A/V Switcher Audiomixer Visionmixer Video Projector Screen Shelf 2 9
Transformer DC to AC Tapedeck 2 Tapedeck 1 Circuit Board Maker Mechanical Tools Box Carpentry Box Cabinet Lens 1 1
Hightension Probe Lettering Machine Video Spare MAINTENANCE SHOP Fan 1 Audio Generator Audio Test Set Work Bench Buffer cct 1 DC Supply 1 Distortion Meter Isolation 1 Transformer Lamp Levelmeter 1 Oscilloscope Tool Box 2
Transistor Tester Video Generator Heater 1 FM/AM Tuner Amplifier 1 Speaker Locker Desk 1 1 1 Magnifier Glass
1 1 7,000 1 307,000 100,000 1 69,000 21,000 1 11,000 21,000 49,000 20,000 3,000 2 2 1 1 1 1 500,000 7,000 18,000 425,000 4,300 1 43,000 46,000 10,000 13,000
665,000 660,000 325,000
118,000
Pencil Sharpener Wall Clock 1 Shelf Chair Puncher 1 3 1 Spare Bins 20PC
2,600
PLANT AND EQUIPMENT Air Conditioner Plant Chillers Air Conditioner Plant Pump Motor Pump Motor Booster Tank Watertank 1 AUDIO VISUAL ARCHIVES Chair Table Shelf Curtain 1 1 7 2 8,000,000 4,000,000 2,600,000 299,000 420,000 316,000
Waste Paper Basket Cabinet Chair Desk Shelf 2 3 1 1
1,800
TECHNICAL CO-ORDINATOR OFFICE
Table Table Blinder Trolly Puncher Wiretray Chair Chair Desk Cabinet Kettle Chair Locker
1 2 1 1 1 2 1 2 2 1 1 1 1
29,000 46,000 97,000 14,000 900 4,500 3,900 10,000 13,000 97,000 22,000 10,000 1 2,900 1 70,000 1 227,318,500 900 2,200
Waste Bin 1
BROADCAST CO-ORDINATOR'S OFFICE
Pencil Sharpener Waste Basket SUB TOTAL TECHNICAL UNIT
SECTION "E" PHOTOGRAPHIC UNIT

DARK ROOM Cabinet Chair Table 1 1 1 19,000 6,800 50,000 19,000 1 280,000 244,000 520,000 48,000 590,000 65,000 40,000 152,000 110,000 58,000 1 64,000 6,000 7,300 9 5 12 2 4 27,700 14,600 16,600 5,800 20,400 3,014,200 16,000 634,000
Desk (lab) 2 Colour Processor DC Supply 1 DC Supply 1 Enlarger Fridge Light Lightbox 4 1 1 1 Film Drier 1
Print Drier 1 Processor 1 Safe Light 3 Metal Stand Timer Heater Spirals 2 1 7
Processing Wash Basin Measure Jars (medium) Measure Jars (small) Processing Drum (small) Processing Drum (big) SUB TOTAL PHOTOGRAPHIC UNIT
SECTION "F" THE HOSTEL

KITCHEN Cupboard 1 Table 1 Air Conditioner Coffee Machine Cooker Fridge Fridge Heater 2 1 1 1 Deep Freezer 19,000 13,000 1 1 689,000 1 588,000 407,000 5,000 1 1 32,000 7,300 1 13,000 2 1 2,000 1 3 1 24 7 6,800 4 33,800 27 1,800 3,900 12,500 3,900 22,500 2,600 3,600 22,000 6,500 1,800 147,000 35,000 60,000 588,000 632,000 131,000 226,000
Radio Cassette Washing Machine Kettle Chair 1 1
Vacuum Cleaner Calculator 1 Search Torch Keytreasure Door Rug 1 Floor Polisher KITCHEN UTENSILS Plastic Basin Washing Basin Metal Salad Bowl (large) Salad Bowl (small) Sugar Bowl 4 Plastic Bucket Fork Milk Jar 38 2 Water Glass Water Jar 4
Kitchen Knife Table Knife Baking Pan 4 Frying Pan (large) Frying Pan (small) Dining Plate (large) Dining Plate (medium) Side Plate 4 Pot (large) 4 Pot (medium) Pot (small) 2 Salt Seller 3 Saucers Sieves 29 2
3 41 10,400 3 1 23 5 3,900 36,400 8 7,000 1,300 26,000 1,800 3 22 1,200 3 3 10,400 10,400 3,900 1,800 9,000 3 1 4 113 12 1 2 1 1 3
5,000 6,500 13,000 2,600 42,000 7,800
36,400
Kitchen Spoon Table Spoon Tea Spoon 9 Cooking Stick Tea Strainer Tea Cup Tea Pot Ashtray Whiskers 17 4 4 5
5,200 10,400 650 2,600
Food Tray 2 Frying Ladle Wine Opener Baking Brush Baking Pan (Scon) Baking Pan (Bread) Potato Peeler Vegetable Tray Chess Board Badminton Set Table Tennis Bat
5,200 900 20,800 32,500 650 5,200 3,900 3,900 16,000
DINING ROOM Chair Table Desk Curtain 24 5 2 5 164,700 107,800 19,000 210,000 10,000 1,000 27,700 1 1 4PC 46,000 2,000 2,000 Obsolete Obsolete 500,000
Television 1 Table Cloth 1 SITTING ROOM Chair 4 Snooker Table Darts Board Lounge Suite Coffee 2 Floor Rug 1 Door Mat 1 SLEEPING ROOMS BED ROOM 1 Bed Chair Desk 2 1 1
44,000 7,300 10,000 2 43,700 1 4,400 4,400 4,400 11,600 8,700 5,800 2,000 1,500 39,000 4,400 26,200
Side Drawer Wardrobe 1 Waste Paper Basket Floor Rug 2 Curtain Bedsheet Blanket Pillow Mattress 2 4 4 2 2 Bath Towel 2 Bedcover 2
Pillowcase 2 BED ROOM 2
Bed Chair Desk
3 3 3
66,000 19,000 29,000 26,200 87,500 1 5,800 8,700 5,800 29,000 19,000 11,600 4,400 2,300 58,500 22,000 7,300 9,900 1 43,700 1 2,000 2,000 2,000 5,800 10,000 3,000 1,000 750 19,500 22,000 7,300 4,400 13,100 4,400
Sidedrawer 2 Wardrobe 2 Waste Paper Basket Floor Rug 3 Curtain Blanket Bedsheet Pillow Mattress Bed Chair Desk 4 6 6 4 3 1 1 1 Bath Towel 3
Bedcover 3 Pillowcase 3 BED ROOM 3
Side Drawer Wardrobe 1 Waste Paper Basket Floor Rug 1 Curtain Bedsheet Blanket Pillow Mattress Bed Chair 2 2 2 1 1 1 1 Bath Towel 1
Bedcover 1 Pillowcase 1 BED ROOM 4
Desk
10,000 13,100 43,700 1 2,000 4,400 2,000 5,800 10,000 4,400 1,000 750 19,500 2 1,000 4,400 2 2,000 42,000 15,000 4,500 78,300 11,000 18 4,500 8,000 17,500 13,000 20,000 60,000 1 434,000 17,500 4,400 2,000 4,400
Sidedrawer 1 Wardrobe 1 Waste Paper Basket Floor Rug 1 Curtain Bedsheet Blanket Pillow Mattress 2 2 2 1 1 Bath Towel 1
Bedcover 1 Pillowcase 1 WASH ROOM 2 Plastic Curtain Plastic Mat 2 Toilet Rug 2PC Bathroom Rug Curtain Bedsheet Pillow 1 14 15 LINEN CUPBOARD
Pillowcase 6 Bedcover 18 Bath Towel 5 Kitchen Towel Table Cloth 5 Curtain 4 Toilet Rug 3 SET HOSTEL GARDEN Chair Desk Bench 2 2 1
Booster Pump
Water Tank 1 Wheelbarrow Sprinkler Hosepipe 1 50m
960,000 1 1,300 6,500 1 1 520 1,800 8,545,940 900 520 3,000
Garden Spade Garden Rake Shovel Mbaula 1 2
SUB TOTAL THE HOSTEL
SECTION "G" NEW ITEMS WHICH WERE BOUGHT AFTER 1993 VALUATION REPORT
DIRECTOR'S OFFICE Wall Clock 1 SECRETARY'S OFFICE Computer, Monitor and Printer Painting Tea Set Tea Set 1 15 pieces 24 pieces 1 80,000 25,000 22,500 4 pieces 6 pieces 3,000 1 600,000 1 1,200,000 1,200,000 1,000,000 1 8,200,000 1 1 4,500,000 3,806,250 5,625,000 14,000,000 350,000 54,000 7,000 2,000,000 25,000
Stainless Steel Set Tumbler Set Tea Towels 2 CASHIER'S OFFICE Combination Locker CAFETERIA KITCHEN Fridge 1 TRANSPORT Toyota Super Crown AAJ8056 DEPUTY DIRECTOR'S OFFICE Computer 1 Computer 1 Printer 1 CONFERENCE ROOM Air Conditioner LIBRARY New Books 1,123 TV CONTROL Audiomixer Digital Multi Effects Generator TV STUDIO
TRANSPORT MAINTENANCE OFFICE
Lounge Suite Lounge Suite HOSTEL Curtains 1 lot
2 1 400,000
3,500 400,000
SUB TOTAL FOR NEW ITEMS
43,551,850
SECTION "H" SUMMARY Moveable Assets Sub Total of Section "A" Administration Sub Total of Section "B" Training = Sub Total of Section "C" Transmission Hall (Store Room) = Sub Total of Section "D" Technical Unit Sub Total of Section "E" Photographic Unit Sub Total of Section "F" the Hostel = Sub Total of Items Bought After 1993 Valuation Report = = K34,619,500 K6,106,200 = K227,318,500 = K3,014,200 K8,545,940 K43,551,850 K362,477,990 K362,477,990 Immovable Assets Institute Buildings Hostel GRAND TOTAL = K360,000,000 = K70,000,000 K430,000,000 = K39,321,800
SECOND SCHEDULE (Paragraph 3)

NAMES OF STAFF OF THE ZAMBIA INSTITUTE OF MASS COMMUNICATIONS TRANSFERRED TO THE TRUST
Employee's Name 1. Daka Michael 2. Bwalya Emmanuel 3. Mwansa Bridget 4. Daka Felistas 5. Ngulube Vincent 6. Habeenzu Loyce 7. Phiri Anna 8. Kunda Kennedy 9. Kapungwe Fainot 10. Valizani Banda 11. Kanchele Daviat 12. Mukanga Kenneth 13. Bukonke Bostone 14. Kaonga Hudson Bise 15. Kaumba Jones 16. Chivube Ned 17. Mwalongo Sharon 18. Lungu Penias 19. Kasongo Moses 20. Sampa Mwaba 21. Ngenda Bronah Inaka 22. Banda Alfred 23. Sichalwe Musyani 24. Mwanza Clayson 25. Makungo Grace Z. Nat. Reg. No. 287386/11/1 281878/11/1 215727/10/1 381535/11/1 138376/61/1 472534/11/1 207064/52/1 497142/11/1 134139/11/1 202400/52/1 202860/17/1 159173/16/1 141378/15/1 116241/13/1 187195/67/1 106101/15/1 157400/11/1 310168/11/1 125506/24/1 145657/11/1 192054/83/1 118301/63/1 595269/11/1 148256/53/1 139724/68/1 Eng. Date 01/03/92 01/04/92 01/02/93 01/04/92 01/06/92 01/04/92 01/04/92 01/04/92 01/04/92 01/04/92 05/01/93 01/04/93 01/08/93 01/04/92 14/09/92 01/04/92 01/09/92 01/04/92 01/04/92 01/03/94 10/03/94 06/06/94 01/01/95 01/04/95 08/05/95
26. Milanzi Alec E.P. 27. Nkhoma John 28. Sakala Patson 29. Munzele Michelo 30. Chiloti Charles 31. Djokotoe K. Edem
239378/52/1 323516/52/1 259586/11/1 453266/11/1 376194/11/1 971927/11/2 ____________
01/01/96 15/01/96 29/01/96 18/03/96 06/05/96 01/06/96
CHAPTER 165 THE POOLS ACT

Section 1. 2. 3. 4. 5. 6. 7. Short title Interpretation Minister may issue licences to conduct pools Unauthorised pools Promoters of pools and agents of promoters to be licensed Legalisation of ready money pool betting carried on by post Saving
33 of 1959 13 of 1994 Government Notices 304 of 1964 497 of 1964 Statutory Instrument 91 of 1965
CHAPTER 165 POOLS An Act to provide for the regulation of pools competitions; and to provide for matters incidential thereto or connected therewith. [1st March, 1960]
1.
This Act may be cited as the Pools Act.
2. In this Act, unless the context otherwise requires"licensee" means the holder of a valid licence issued under this Act; "pool" means any competition organised for the gain of the promoter in which for a monetary or other material reward the public are invited to foretell the result of any race, game or event, and includes a pool operated on the system known as a fixed odds betting pool on the result of any race, game or event.
3. (1) The Minister may, in his discretion, issue a licence to any person Minister may to promote a pool within the Republic or to act within the Republic in issue licences to respect of pools promoted outside the Republic as the agent of the conduct pools promoter thereof. (2) The Minister may, in his discretion, attach conditions to any licence issued under this section and, without prejudice to the generality of the foregoing, such conditions may require the payment to the Government by the licensee of fees and other moneys. (3) A licence issued under this Act shall be valid for such period as may be specified thereon: Provided that the Minister may, if he thinks fit after due inquiry, cancel any licence where he is satisfied that any of the conditions attached thereto have been contravened. (As amended by G.N. No. 304 of 1964) 4. (1) A pool promoted within the Republic by any person not being a licensee shall be deemed to be an unauthorised pool. (2) Any act or thing done within the Republic in respect of or in relation to a pool promoted outside the Republic by a person who has not within the Republic an agent licensed under this Act shall be deemed to have been done in respect of or in relation to an unauthorised pool. (3) Any person who prints or publishes, or causes to be printed or published, any advertisement or other notice of or relating to an unauthorised pool, or of or relating to the issue of any coupon connected with any such pool, shall be guilty of an offence and shall be liable to a fine not exceeding one thousand five hundred penalty units: Provided that the publication of any such advertisement or notice in a newspaper printed outside the Republic and normally circulating within the Republic shall not be a contravention of the provisions of this subsection if the pool to which such advertisement or notice refers is promoted outside the Republic. Unauthorised pools
(4) Any person who prints or who sends or gives to any person any coupon relating to an unauthorised pool shall be guilty of an offence and shall be liable to a fine not exceeding one thousand five hundred penalty units. (As amended by Act No. 13 of 1994) 5. (1) No person shall carry on any business involving the receiving or negotiating of bets made by way of pool betting unless he is the holder of a valid licence as a pool promoter or pools agent issued under this Act. Promoters of pools and agents of promoters to be licensed
(2) Any person who contravenes the provisions of this section shall be guilty of an offence and liable to a fine not exceeding fifteen thousand penalty units or to imprisonment for a term not exceeding two years, or to both (3) Bets shall be deemed for the purposes of this section to be made by way of pool betting whenever a number of persons make bets on terms that the winnings of such of those persons as are winners shall be, or be a share of, or be determined by reference to, the stake money paid or agreed to be paid by those persons, whether the bets are made by means of a totalisator, or by filling up and returning coupons or other printed or written forms, or otherwise howsoever. (As amended by Act No. 13 of 1994) 6. Section 1 of the Betting Act, 1853, of the United Kingdom, so far as it relates to the opening, keeping or using of houses, offices, rooms or other places for the receipt of money, shall not apply in relation to pool betting business carried on by the holder of a valid licence as a pools promoter or pools agent issued under this Act. (As amended by S.I. No. 91 of 1965) 7. Nothing in this Act contained shall make illegal any betting by Saving means of a totalisator in accordance with proviso (i) to subsection (2) of Cap. 87 section one hundred and seventy-five of the Penal Code, or by means of Cap. 166 the system known as a fixed odds betting pool where such pool is promoted by a bookmaker licensed under the provisions of the Betting Control Act. Legalisation of ready money pool betting carried on by post
CHAPTER 166 THE BETTING CONTROL ACT

Section 1. 2. 3. 4. 5. 6. 7. Board 8. Short title Interpretation Establishment of Board Issue of licences Prohibition against unlicensed bookmaking Application for licences Examination and determination of licence applications by Imposition of conditions by Board
9. Procedure where bookmaker fails to pay betting debts arising from betting transactions 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. Requirements of licences Suspension, cancellation and variation of licence Duration and renewal of licences Transfer of licensed premises Licence fees Prohibition against touting Prohibition against liquor on licensed premises Prohibition against playing games of chance Authorisation of bookmaking at race meetings Closure of licensed premises on race days Enforcement of betting debts Police powers of entry No betting with persons under eighteen Submission of bookmakers' accounts Licences not to be transferred
25. 26.
No betting on elections Appeals
27. Non-application of provisions of Penal Code relating to common betting houses 28. Regulations
CHAPTER 166 BETTING CONTROL
An Act to make provision for the establishment of a Betting Control and Licensing Board; to provide for the licensing of bookmakers and betting premises; to provide for the general improvement of control over bookmaking and betting practices in Zambia; and to provide for matters incidental to or connected with the foregoing. [17th January, 1958]
27 of 1957 5 of 1963 13 of 1974 4 of 1976 24 of 1977 7 of 1984 8 of 1988 30 of 1989 22 of 1990 4 of 1992 5 of 1993 1 of 1994 13 of 1994 Government Notices 304 of 1964 497 of 1964 Statutory Instrument 91 of 1965 Short title Interpretation
1.
This Act may be cited as the Betting Control Act.
2. In this Act, unless the context otherwise requires"authorised race meeting" means a race meeting authorised in terms of section eighteen; "the Board" means the Betting Control and Licensing Board established under this Act;
"bookmaker" means any person who by way of business bets with members of the public and includes any person operating a football pool; "bookmaker's licence" means a licence issued to a bookmaker under the provisions of this Act; "licensed betting premises" means any premises duly licensed in terms of this Act as premises wherein bets may be made and settled; "Officer Commanding the Zambia Police Force" means the person holding the office of the Inspector-General of Police in Zambia or any other person for the time being holding office as the head of the Zambia Police Force; "race-course" means any place used for the purpose of holding a race meeting; "race meeting" means any gathering of the public or of the members of any association of persons to watch horse races or any other class of sporting event which may be declared by the Minister, by statutory notice, to be a class of sporting event at which the Inspector General of Police shall be entitled to authorise the attendance of bookmakers in accordance with the provisions of section eighteen. (As amended by G.N. No. 304 of 1964, Act 13 of 1974 and Act 8 of 1988) 3. (1) There shall be established a board to be known as the Betting Control and Licensing Board which shall consist of(a) a chairman, to be a person nominated by the Minister; Establishment of Board
(b) the Inspector General or his authorised representative, being a police officer not below the rank of Superintendent; (c) such other persons, to a maximum of five, as the Minister appoints by Gazette notice. (2) The chairman and members of the Board, other than public officers, may at any time be required by the Minister to resign from the Board.
(3) The chairman and members of the Board, other than public officers, shall be paid out of moneys appropriated for the purpose by Parliament such remuneration and allowances as the Minister may from time to time determine. (4) The Minister may appoint a person to be secretary to the Board. (5) A quorum of the Board shall be four. (As amended by No. 5 of 1963) 4. (1) The Board may and is hereby authorised to issue licences in accordance with the provisions of this Act and any regulations made thereunder. (2) Any licence issued under the provisions of this Act may be varied, suspended, cancelled or made the subject of any condition by the Board in accordance with the provisions of this Act and any regulations made thereunder. (3) The procedure of the Board in considering applications for licences and for exercising any other powers under this Act shall be determined by regulations made by the Minister under the provisions of this Act. (As amended by G.N. No. 304 of 1964) 5. (1) No person shall carry on the business of a bookmaker otherwise than in accordance with the provisions of a licence issued to him under this Act authorising him to carry on the said business at the premises named therein or at any race meeting authorised in terms of section eighteen: Provided that nothing in this section shall apply to an employee of any licensed bookmaker acting in the course of such employment at the licensed premises of such bookmaker or at an authorised race meeting. (2) In the case of a partnership of bookmakers, each partner shall require to be licensed. Prohibition against unlicensed bookmaking Issue of licences
(3) Any person who carries on business as a bookmaker otherwise than in terms of a licence issued under this Act shall be guilty of an offence and shall be liable on a first conviction to a fine not exceeding one hundred penalty units and on any second or subsequent conviction to a fine not exceeding five thousand penalty units (As amended by Act 30 of 1989 and 13 of 1994) 6. (1) Any person who desires to obtain a licence under this Act shall make application in writing to the Board in the prescribed form and manner. (2) Such application shall be accompanied by such information concerning the applicant and the premises, if any, upon which he intends to carry on his business as a bookmaker as may be prescribed. 7. (1) On receipt of an application in terms of section six, the Board may make such investigations or require the submission of such further information as it may deem necessary in order to enable it to examine such application. Examination and determination of licence applications by Board Application for licences
(2) After making such investigations and considering such information as may have been required in terms of subsection (1), the Board shall, after considring the application at a meeting held in accordance with regulations made under this Act, in its absolute discretion either grant a licence to the applicant or refuse such licence without reason given: Provided that no licence shall be issued under this Act unless and until the Board has satisfied itself that the applicant is a fit and proper person to hold such a licence and that the premises in respect of which the application is made are suitable for the purpose. (3) In considering the suitability of premises in accordance with the proviso to subsection (2), the Board shall take into account the desirability of keeping such premises at a proper and sufficient distance from premises licensed for the sale and consumption of liquor.
8. (1) In every case where a licence is issued under this Act, the Board Imposition of shall impose as a condition thereto the requirement that the applicant conditions by shall furnish the Board with security by means of a fidelity bond or such Board other security as the Board may approve to a sum of not less than four thousand kwacha. (2) In determining the amount of such security, the Board shall take into account the known business of the applicant and the amount, if any, by which such business may reasonably be expected to increase in the ensuing year. (3) The Board may at any time vary the amount of any security given in terms of this section if it is satisfied that, having regard to the known scale of business of the bookmaker concerned, such variation is reasonable. (4) In the event of any bookmaker making default in the fulfilment of any financial liability arising from bookmaking transactions, the Board shall have the power to realise any security or part of such security given by the bookmaker under this section and to apply any sum of money so realised to the satisfaction of such liability. (5) In granting or renewing a licence under this Act, the Board may attach such other conditions thereto as it thinks fit. (6) Without prejudice to the generality of subsection (5), such conditions may relate to the manner in which the bookmaker may conduct his business and to the suitability, condition and conduct of the premises to which the licence applies and the hours during which such premises may be open for business. 9. (1) In any case in which the Board is credibly informed that a bookmaker has made default in the payment of any debt arising from any bookmaking transaction lawfully made under the provisions of this Act (hereinafter in this section referred to as a betting debt), the Board shall in writing request the bookmaker to furnish such information as the Board may require within such period as the Board shall specify. Procedure where bookmaker fails to pay betting debts arising from betting transactions
(2) If it appears to the Board, on the information furnished by the bookmaker under the provisions of subsection (1) or from information otherwise acquired by it, that all or any of the security furnished in accordance with the provisions of section eight is likely to be required to pay the betting debts of the bookmaker, the Board shall, after considering any representations made to it by the bookmaker, publish once in the Gazette and once in a newspaper circulating in the area in which the bookmaker carries on business a notice(a) stating that the security furnished under the provisions of section eight will be realised and applied, subject to the provisions of this section, to the payment of the betting debts of the bookmaker; (b) inviting before such date (hereinafter in this section referred to as the specified date) as may be specified in the notice the submission of claims for the payment of such debts. (3) Subject to the provisions of subsection (4), the Board shall pay any debts in respect of which it has received notice in terms of this section and which it is satisfied are due to the claimant. (4) In any case in which the amount furnished as security under the provisions of section eight is inadequate to pay the betting debts referred to in subsection (3), the Board shall make pro rata payments of such debts. (5) Nothing in this section shall preclude any person from recovering, in terms of section twenty, a betting debt or part thereof which is not satisfied under the provisions of this section. (No. 5 of 1963) 10. Every licence issued under this Act shall state the precise location Requirements of licences and extent of the premises, if any, to which it relates and shall be endorsed with every condition imposed by the Board in accordance with this Act. 11. (1) The Board may at any time during the subsistence of a licence Suspension, issued under this Act for good cause suspend or cancel such licence, or cancellation and vary any conditions imposed in relation to such licence at its discretion. variation of
licence (2) The Board shall not suspend for more than seven days nor cancel any licence under the powers conferred by subsection (1) without giving the bookmaker concerned reasonable opportunity to show cause why his licence should not be so suspended or cancelled. 12. (1) Every licence issued or renewed after the 1st January, 1963, under this Act shall terminate on the 30th June which next occurs following the issue or renewal of such licence. (2) Any bookmaker whose licence expires or is due to expire in terms of subsection (1) who desires to renew such licence shall make application to the Board at such time and in such form and manner as may be prescribed. (3) In considering any application for a renewal of a licence, the Board may exercise all or any of the powers conferred upon it by sections seven and eight and, after complying with any procedure laid down in respect of renewal of licences by regulations made under this Act, may in its absolute discretion either renew such licence or refuse such renewal without reason given. (As amended by No. 5 of 1963) 13. (1) Any licensed bookmaker who wishes at any time to transfer the Transfer of conduct of his business to premises other than those authorised in terms licensed of his licence may apply to the Board for authority so to do. premises (2) Upon receipt of an application in accordance with subsection (1), the Board may exercise any of the powers conferred upon it by sections seven and eight and may thereupon vary the said licence so as to authorise the conduct of the bookmaker's business at the premises the subject of the application in substitution for the premises previously licensed. 14. Every bookmaker licensed under this Act shall be required to pay Licence fees at the time of the issue of his licence a fee of one thousand fee units in the case of a first issue of a licence and five hundred fee units in the case of each renewal thereof. Duration and renewal of licences
(As amended by Act No. 1 of 1994, 4 of 1992, 5 of 1993 and 13 of 1994) 15. (1) No person shall, except within licensed betting premises or at an Prohibition authorised race meeting, tout or otherwise personally solicit the against touting patronage of members of the public with any bookmaker. (2) Any person who contravenes the provisions of subsection (1) shall be guilty of an offence and shall be liable upon conviction to a fine not exceeding fifty penalty units. (As amended by Act No. 30 of 1989 and 13 of 1994) 16. Any person who shall upon any licensed betting premises sell or supply or consume or permit the sale or supply or consumption of any alcoholic liquor shall be guilty of an offence and shall be liable to a fine not exceeding two hundred and fifty penalty units. (As amended by Act No. 30 of 1989) 17. Any person who shall permit upon any licensed betting premises Prohibition the playing of any game of chance shall be guilty of an offence and shall against playing be liable to a fine not exceeding one hundred and fifty penalty units. games of chance (As amended by Act No. 30 of 1989 and 13 of 1994) 18. (1) The promoters of any race meeting shall, if they desire bookmakers to be permitted to carry on business at such race meeting, apply to the Inspector General of Police for a permit for that purpose. (2) Such application shall be in writing in the prescribed form. (3) Upon receipt of an application in terms of subsection (1), the Inspector General of Police may, after making such inquiries as he thinks fit, in his discretion issue a permit authorising bookmaking to take place at the race meeting held on the race-course and on the day or days specified in the said permit. (4) Any person who permits a bookmaker to carry on business at any race meeting otherwise than in accordance with this section shall be Authorisation of bookmaking at race meetings Prohibition against liquor on licensed premises
guilty of an offence and shall be liable to a fine not exceeding one thousand penalty units. (As amended by Act No. 30 of 1989 and 13 of 1994) 19. (1) No licensed betting premises shall be open for the transaction of business and no person shall make any bet in any licensed betting premises at any time between half an hour before the advertised time of the start of the first race and the advertised time of the start of the last race of any authorised race meeting which takes place within ten miles of such licensed betting premises. (2) Any person who contravenes the provisions of subsection (1) shall be guilty of an offence and shall be liable to a fine not exceeding one hundred penalty units. (As amended by Act No. 30 of 1989 and 13 of 1994) Enforcement of 20. It is hereby declared that any debt arising from any betting transaction lawfully made under the provisions of this Act may be betting debts enforceable before the courts of Zambia in the same manner as any other civil debt. 21. (1) Any police officer above the rank of Sub Inspector may, at any Police powers time during which the premises are open for business, enter any licensed of entry betting premises and may during any race meeting enter the race-course for the purpose of general police supervision and may eject any drunken, noisy or disorderly persons found on such premises or race-course. (2) Any person who resists, hinders or obstructs any police officer in the Obstruction of exercise of his powers under this section shall be guilty of an offence Police and shall be liable to a fine not exceeding five hundred penalty units or to imprisonment not exceeding three months. (As amended by Act No. 24 of 1977, 30 of 1989 and 13 of 1994) 22. (1) No bookmaker and no servant or agent of any bookmaker shall No betting with make or permit to be made any bet with any person under the age of persons under eighteen. eighteen (2) No bookmaker and no servant or agent of any bookmaker shall Closure of licensed premises on race days
allow any person under the age of eighteen to come upon licensed betting premises, whether for the purpose of betting or otherwise. (3) Any person who contravenes the provisions of this section shall be guilty of an offence and shall be liable to a fine not exceeding five hundred penalty units. (As amended by Act No. 30 of 1989 and 13 of 1994) 23. The Board may at any time and shall, not less frequently than once Submission of in every twelve months, require a licensed bookmaker to submit to the bookmakers' Board a properly audited statement of the bookmaker's accounts. accounts Licences not to 24. No licence issued under this Act shall be transferable to any person, and any person who shall transfer or purport to transfer a licence be transferred shall be guilty of an offence and shall be liable to a fine not exceeding two thousand penalty units. (As amended by 30 of 1989 and 13 of 1994) 25. (1) No bookmaker shall bet with any person on the results of any election of persons to the National Assembly or to any public authority in Zambia. (2) Any person who contravenes the provisions of this section shall be guilty of an offence and shall be liable to a fine not exceeding one thousand penalty units. (As amended by S.I. No. 91 of 1965 and 30 of 1989) 26. Any person aggrieved by a decision of the Board made under this Act may appeal to the Minister. (As amended by G.N. No. 304 of 1964) 27. Nothing in the Penal Code relating to the opening, keeping or use of common betting houses shall be deemed to apply to any licensed bookmaker lawfully acting under the provisions of this Act. Non-application of provisions of Penal Code relating to common betting houses. Cap. 87 Appeals No betting on elections
28.
The Minister may, by statutory instrument, make regulations-
Regulations
(a) prescribing the form in which any application or other documents made under this Act shall be made; (b) regulating the procedure to be followed in the making of any application for the issue, renewal or variation of a licence under this Act; (c) regulating the procedure to be followed by the Board in exercising any powers conferred upon it by this Act; (d) providing for the advertisement of any application for a licence under this Act and of any proceedings of the Board to consider and determine any such application; (e) providing for the right of any person interested to object to an application for the issue, renewal or variation of a licence under this Act, and for the form and manner of any such objection; (f) prescribing the form and manner in which statements of a bookmaker's accounts shall be furnished to the Board in accordance with section twenty-three; (g) generally for the carrying into effect of the purposes of this Act. (As amended by G.N. No. 304 of 1964)
BETTING CONTROL THE BETTING CONTROL REGULATIONS [ARRANGEMENT OF REGULATIONS]
Regulation 1. 2. 3. 4. 5. 6. 7. 8. Title Interpretation Form of application Time for submission of application Further particulars Advertisement of application Objections Applicant to be informed of objection
9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19.
Notice of meeting of Board Objectors may be present or represented at the hearing Power to take evidence on oath Chairman to preside Meetings to be held in public or in private Procedure Renewal of a licence Procedure on renewal or variation of a licence Form of licence Application to Inspector General of Police False statement
SCHEDULE-Prescribed forms SECTION 28-THE BETTING CONTROL REGULATIONS Regulations by the Minister
Government Notices 20 of 1958 497 of 1964 Statutory Instrument 149 of 1989 105 of 1974
1. These Regulations may be cited as the Betting Control Regulations. Title 2. In these Regulations, unless the context otherwise requires"licence" means a licence issued to a bookmaker under the Act. 3. Every application for a licence shall be submitted to the Board in duplicate in Form 1 set out in the Schedule. Form of application Interpretation
4. Every such application shall be submitted to the Board at least forty Time for days before the date upon which it is desired to commence a submission of bookmaking business. application 5. On receipt of any such application, the Board shall satisfy itself that Further
the particulars required are set out with sufficient clarity and may return particulars the application for amplification or amendment. 6. On receipt of any such application, the Board shall forthwith, at the Advertisement expense of the applicant, advertise the same in the Gazette and one local of application newspaper. 7. Any person who wishes to object to the issue of a licence shall make Objections such objections in writing to reach the Board within twenty-one days of the publication of the advertisement in accordance with regulation 6 and shall set out the grounds therefor. 8. On receipt of any objection made in accordance with regulation 7, Applicant to be the Board shall forthwith send a copy of such objection to the applicant. informed of objection 9. At least ten days before considering any application for a licence, the Board shall give notice of the meeting of the Board at which any such application is to be considered, in such manner as it deems fit. 10. At any meeting at which an application is to be considered, the applicant and any person objecting in accordance with these Regulations may appear either personally or by counsel at the hearing and lead evidence in support of his application or objection, as the case may be. Notice of meeting of Board Objectors may be present or represented at the hearing
11. At any meeting at which an application is to be considered, the Power to take Board shall have power to take evidence on oath and the chairman is evidence on hereby authorised to administer oaths for the purpose of this regulation. oath 12. The chairman shall preside at all meetings at which he is present. In Chairman to the absence of the chairman, the members shall elect one of their preside number to preside. 13. At any meeting the Board may decide either that the proceedings or Meetings to be any part of them shall be held in public or in private at its discretion. held in public or in private
14. Every meeting of the Board shall be held in accordance with the procedure set out in these Regulations and in default of any prescribed provision the procedure to be followed shall be laid down by the chairman. 15. Every application for a renewal of a licence shall be submitted to the Board in duplicate in Form 2 set out in the Schedule. 16. The procedure to be followed by a licensed bookmaker for any renewal or variation of his licence shall, mutatis mutandis, follow that set out for an original application as provided by regulations 5, 6, 7, 8, 9, 10 and 11.
Procedure
Renewal of a licence Procedure on renewal or variation of a licence
17. Every licence issued under these Regulations shall be in Form 3 set Form of licence out in the Schedule. 18. The promoters of any race meeting who desire to obtain permission from the Inspector General of Police for bookmakers to be permitted to carry on business at such race meeting shall apply for such permission to the Inspector General of Police in Form 4 set out in the Schedule. 19. Any person who makes a false statement in any application for a licence made, or a renewal or variation thereof, shall be guilty of an offence 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. (As amended by Act No. 13 of 1994) False statement Application to Inspector General of Police
SCHEDULE
PRESCRIBED FORMS
THE BETTING CONTROL ACT APPLICATION FOR A BOOKMAKER'S LICENCE To: THE BETTING CONTROL AND LICENSING BOARD, P.O. Box RW62, LUSAKA. In accordance with the provisions of the Betting Control Act I hereby apply for a bookmaker's licence. 1. Full name of applicant Full postal address Telephone number 2. Place of birth Date of birth Passport number ......................... Office of issue Period of residence in Zambia Date of original entry into Zambia Periods of residence in other countries
3. Have you previously carried on the business of a bookmaker? If so, give full particulars
4.
Other previous trade/s or profession/s
5. Is the business to be carried on in partnership with another person or persons? If so, give full particulars 6. (a) Give the following details of the premises on which it is propose Address
(b) (i) Number of rooms occupied (ii) Floor on which proposed premises are located (c) Distance between the proposed premises and the nearest premises for the sale and consumption of intoxicating liquor (d) By what tenure do you occupy the proposed premises? (e) Have the proposed premises been previously licensed for bookmaking in terms of the Betting Control Act? 7. Do you intend to carry on the business of a bookmaker at race meetings?
8. (a) Have you ever been convicted of any criminal offence involving fraud or dishonesty? If so, give particulars
(b) Have you ever been declared bankrupt or entered into an agreement with creditors? If so, give particulars
9. Are you prepared to furnish the Board with security to a sum of K4,000 or such greater sum as the Board may decide? Date ................................................. Signature of applicant

THE BETTING CONTROL ACT APPLICATION FOR RENEWAL OF A BOOKMAKER'S LICENCE To: THE BETTING CONTROL AND LICENSING BOARD, P.O. BOX RW62, LUSAKA. In accordance with the provisions of the Betting Control Act I hereby apply for renewal of a bookmaker's licence. 1. Full name of applicant Full postal address Telephone number 2. I certify that the particulars submitted by me in Form 1 (Application for a Bookmaker's Licence) on (insert date) are still correct with the exception of the changes set out below
3. The gross turnover of the bookmaking business for which I require the renewal of licence during the twelve months ending amounted to ......................... Date ................................................. \ Signature of applicant
ORIGINAL FORM 3 (Regulation 17)

THE BETTING CONTROL ACT No.......... LICENCE TO CARRY ON THE BUSINESS OF A BOOKMAKER (Section 5)
(state full name) (state address) is hereby authorised to carry on the business of a bookmaker at or at any race meeting authorised in terms of section 18 of the Betting Control Act. This licence is issued in terms of the Betting Control Act upon the conditions set forth overleaf and shall terminate on the 30th June, 19 ........ Chairman, The Betting Control and Licensing Board Date of issue ..................... Fee paid ............................ CONDITIONS

THE BETTING CONTROL ACT APPLICATION FOR A PERMIT TO ALLOW BOOKMAKERS TO CARRY ON BUSINESS AT A RACE MEETING To: THE INSPECTOR-GENERAL OF POLICE, P.O. BOX RW .103, LUSAKA. In accordance with the provisions of the Betting Control Act
(full names and addresses) being promoters of a race meeting to be held at on and desirous that bookmakers be permitted to carry on business at this race meeting hereby apply for a permit for such purpose. (Signed) Designation For and on behalf of.
CHAPTER 167 THE LIQUOR LICENSING ACT ARRANGEMENTS OF SECTIONS PART I PRELIMINARY Section 1. 2. 3. Short title Interpretation Non-application
PART II TYPES OF LICENCES 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 15A. 16. 16A. Types of licences Wholesale liquor licence Retail liquor licence Bar licence Hotel liquor licence Private hotel liquor licence Restaurant licence Railway restaurant car licence Passenger vessel licence Airport licence Theatre licence Temporary licence Club licence Restricted licences Prohibition of the grant of licences
PART III
ESTABLISHMENT AND POWERS OF LICENSING BOARDS 17. 17A. 18. 19. Section 20. 21. 22. 22A. 23. 24. 25. 26. 27. Application for grant or renewal of licence Notice of intention to object Grounds for refusal of licences Power of President to revoke licences Provisional grant of licence Application to lapse in certain circumstances Renewal of licences Notification of grounds of refusal, etc. Extension of permitted hours Grant and renewal of licences Prohibition of grant of licences Establishment of Boards and procedure at meetings Restrictions upon grant of licences
PART IV TRANSFER AND REMOVAL OF LICENCES 28. 29. 30. 31. Transfer of licences Power to carry on business after death, etc., of licensee Protection order Removal of licence
PART V LICENCE REGISTERS 32. 33. 34. 35. 36. Register of licences Registration of owner Register to be evidence Regard to be had to register Inspection of register
PART VI APPEALS 37. 38. 39. Establishment of Tribunal Appeal to Tribunal Appeal to High Court
PART VII GENERAL PROVISIONS INTOXICATING LIQUOR 40. Section 41. hours Prohibition of sale, etc., of liquor except during permitted REGULATING SALE OF
Selling liquor without licence
42. Liquor of kind not authorised by licence not to be kept on premises 43. 44. 45. 46. Delivery of liquor Breach of terms of off-licence Persons under eighteen years not to be employed in bars Restriction on sale, etc., of liquor to children
47. Restriction on sale of liquor to young persons for consumption on premises 48. Restriction on credit sales 49. Communication between licensed premises and places of public resort 50. 51. 52. 53. 54. 55. 56. 57. 58. Consent of Board for certain alterations Particulars to be affixed to premises, etc. Licensee not to permit drunkenness, etc. Procuring drink for drunken persons Power to exclude drunkards, etc., from licensed premises Permitting licensed premises to be a brothel Permitting licensed premises to be resort of prostitutes Gaming on licensed premises Offences in relation to police officers
PART VIII SPECIAL PROVISIONS REGARDING PASSENGER VESSEL LICENCES ON LAKE KARIBA 59. 60. 61. Interpretation for purposes of Part VIII Application of Part VIII Licensing authority for Lake Kariba
62. Restrictions upon the grant, renewal or transfer of passenger vessel licences 63. 64. 65. 66. 67. Grounds for refusal of licences Conditions Permitted hours and places under a passenger vessel licence Breach of conditions of passenger vessel licence Right to go aboard and inspect vessels
68. Application and modification of sections 20, 28, 30, 41, 45, 47, Part VII, sections 69, 76, 80 and 81 PART IX SUPPLEMENTAL Section 69. 70. 71. 72. 73. 74. 75. 76. 77. 78. 79. 80. 81. Closing of premises in case of riot Forfeiture of licence by the Minister Disposal of stock in hand where a licence is forfeited Power to require structural alterations Restrictions on carrying on other business Sale of tobacco, etc. Proof of licences, etc. Evidence of sale, etc. Right of police officers to enter premises Search warrant Offences and forfeitures Notice of conviction of licensee to be given to owner Temporary licence pending appeal
82. 83.
Powers of Minister (Repealed by No. 47 of 1970)
SCHEDULE-Prescribed fees
CHAPTER 167 LIQUOR LICENSING An Act to make provision for the regulation of the sale and supply of intoxicating liquors; and to provide for matters incidental thereto and connected therewith. [16th January, 1959] 1 of 1959 19 of 1959 35 of 1960 45 of 1961 26 of 1963 57 of 1964 69 of 1965 17 of 1967 6 of 1968 53 of 1968 25 of 1969 47 of 1970 62 of 1970 40 of 1971 20 of 1972 Government Notices 304 of 1964 497 of 1964 502 of 1964 Statutory Instrument 91 of 1965 Act No. 53 of 1968 20 of 1970 34 of 1970 47 of 1970 4 of 1971 20 of 1972 7 of 1973 12 of 1975 8 of 1976 11 of 1976 2 of 1977 24 of 1977 6 of 1983 5 of 1988 34 of 1990 6 of 1992 8 of 1993
7 of 1994 13 of 1994
PART I PRELIMINARYPART I PRELIMINARY
1.
This Act may be cited as the Liquor Licensing Act.
2. In this Act, unless the context otherwise requires"appropriate fee", in relation to any matter, means the fee specified in respect of such matter in the Schedule; "authorised officer" means an Administrative Officer or a police officer not below the rank of Sub Inspector; "bar", in relation to any licensed premises, means any open drinking bar or any part of such premises exclusively or mainly used for the sale and consumption of intoxicating liquor; "Board" means a Provincial Licensing Board established under the provisions of section eighteen; "denatured spirits" means an intoxicating liquor which by the addition of some substance has been rendered unfit for use as a beverage;
"hotel" includes a boarding-house and any building or premises used for Cap. 153 the accommodation of the public in which lodgings are provided and provisions are supplied by the keeper or manager thereof, but does not include any Government rest house nor any school nor any premises exempted from the provisions of the Hotels Act; "intoxicating liquor" includes any spirits, wine, ale, beer, porter, cider, perry, or other potable liquor containing more than three per centum of proof spirits, but does not include traditional beer as defined in the Traditional Beer Act; "licence" means a licence, other than a provisional licence, granted under the provisions of this Act; Cap. 168
"licensed premises" means any premises, including a railway restaurant car, and a passenger vessel in respect of which a licence is in force; "licensee" means the holder of a licence; "licensing authority" means a Board or a licensing officer; "licensing officer", in relation to any District, means the senior Administrative Officer for the time being present at the administrative headquarters of such District; "local authority" means(a) in the area of a municipal council, township council, mine township board or rural council, such council or board; (b) in any other area, the District Secretary for the District in which such area is situate; "meal" means substantial refreshment to which the sale of intoxicating liquor is ancillary; "officer in charge of police" has the meaning assigned to it by section two of the Zambia Police Act; "off-licence" means a wholesale liquor licence or a retail liquor licence; "on-licence" means a bar licence, an hotel liquor licence, a private hotel liquor licence, a restaurant licence, an airport licence or a theatre licence; "permitted hours" means those hours of the day during which intoxicating liquor may lawfully be supplied in licensed premises; "prescribed" means prescribed by regulations made under the provisions of this Act; "proof spirits" means spirits which, at a temperature of fifty-one degrees Fahrenheit, weigh twelve-thirteenth parts of an equal measure of Cap. 107
distilled water, and intoxicating liquor referred to in this Act as containing more than three per centum of proof spirits includes intoxicating liquor containing over 1.713 per centum of alcohol by volume or 1.363 per centum of alcohol by weight; "protection order" means an authority to sell intoxicating liquor granted under the provisions of section thirty; "provisional licence" means a licence of which a provisional grant has been made under the provisions of section twenty-three and of which such provisional grant has not been declared final under the said section; "register" means a register of licences kept under the provisions of section thirty-two; "restricted licence" means a licence which does not permit the sale of spirits; "sealed", in relation to a container or vessel, means hermetically sealed or closed with a plug, stopper or cap and so secured that the container or vessel cannot be opened without the destruction of such plug, stopper or cap or of some other substance; "spirits" includes distilled liquors of any description, and all mixtures, compounds and preparations made with such liquors, and any fermented liquor containing more than fifty per centum of proof spirits; "Tribunal" means the Appeal Tribunal established under the provisions of section thirty-seven. (As amended by No. 45 of 1961, No. 26 of 1963, G.N. Nos. 304 and 502 of 1964, S.I. No. 91 of 1965, No. 69 of 1965, No. 25 of 1969, and No. 24 of 1977) 3. (1) Nothing in this Act shall apply to(a) any qualified medical practitioner or registered pharmacist administering or selling for purely medical purposes any bona fide medicine containing intoxicating liquor; (b) any person selling any spirituous or distilled perfume or perfumery, or medicated or methylated or otherwise denatured spirits or Non-application
any medicated wine; (c) the sale of intoxicating liquor on any aircraft in flight over the Republic in the course of a normal passenger service. (2) The provisions of this Act shall not apply to(a) the sale of intoxicating liquor by any person acting under the order of a court or selling any such liquor forfeited to the Government; (b) the sale of intoxicating liquor by an executor or administrator or trustee in bankruptcy when such liquor forms part of the estate of a deceased or bankrupt person who was not a licensee; (c) the sale by private arrangement of intoxicating liquor being the residue of a reasonable stock held for private consumption by a person about to leave the Republic; (d) the sale of intoxicating liquor to members of the Defence Force by any bona fide organisation engaged in supplying food or drink solely to such members and approved as such by the Minister; (e) the sale of intoxicating liquor, in any canteen approved for such purpose by the Minister, to members of the Zambia Police Force, Defence Force or Zambia Prison Service. (As amended by S.I. No. 91 of 1965 and 11 of 1976)
PART II TYPES OF LICENCES 4. (1) The following licences may be granted under the provisions of this Act: (a) (b) (c) a wholesale liquor licence; a retail liquor licence; a bar licence; Types of licences
(d) (e) (f) (g) (h) (i) (j) (k) (l)
an hotel liquor licence; a private hotel liquor licence; a restaurant licence; a railway restaurant car licence; a passenger vessel licence; an airport licence; a theatre licence; a temporary licence; a club licence.
(2) Subject to the provisions of this Act, a licence, other than a temporary licence, shall continue in force until the 31st December next following the date of issue thereof. (As amended by No. 45 of 1961 and Act No. 12 of 1975) 5. (1) A wholesale liquor licence shall authorise the sale, on the licensed premises for resale or consumption off such premises, of intoxicating liquor(a) in the case of whisky, brandy or gin, in any quantity of not less than two gallons; (b) in the case of wine, ale, beer, porter, cider or perry, in any quantity of not less than two gallons; (c) in the case of any other intoxicating liquor, in any quantity of not less than two gallons; sold and delivered at any one time to any one person: Provided that such licence shall not authorise the sale of intoxicating Wholesale liquor licence
liquor otherwise than in casks or in sealed bottles or other sealed vessels. (2) Subject to the provisions of any other written law, intoxicating liquor may only be sold under a wholesale liquor licence between the hours of seven o'clock in the morning and six o'clock in the evening. (As amended by No. 26 of 1963) 6. (1) A retail liquor licence shall authorise the sale, on the licensed premises for consumption off such premises, of intoxicating liquor in any quantity: Provided that such licence shall not authorise the sale of intoxicating liquor otherwise than in casks or in sealed bottles or other sealed vessels. (2) Subject to the provisions of any other written law, intoxicating liquor may only be sold under a retail liquor licence between the hours of seven o'clock in the morning and six o'clock in the evening. 7. (1) A bar licence shall authorise the sale on the licensed premises of Bar licence intoxicating liquor, in any quantity, to be consumed in or upon such premises. (2) Intoxicating liquor may only be sold under a bar licence between the hours of ten o'clock in the morning and half-past ten o'clock in the evening. 8. (1) An hotel liquor licence shall authorise the sale, on the premises of Hotel liquor an hotel for consumption in or upon such premises, of intoxicating licence liquor in any quantity(a) to persons lodging at the hotel, at any hour of the day or night; Retail liquor licence
(b) to persons taking a meal in the hotel, at any hour of the day or night if such liquor is consumed at such meal; and (c) to any other person, between the hours of ten o'clock in the morning and half-past eleven o'clock in the evening.
(2) An hotel liquor licence shall authorise the sale, on the premises of the hotel at any hour of the day or night to a person who is lodging at the hotel and who is about to make a journey of not less than thirty-two kilometres, of intoxicating liquor for consumption during such journey by such person or his family or both. (As amended by No. 26 of 1963) 9. (1) A private hotel liquor licence shall authorise the sale, on the premises of an hotel for consumption in or upon such premises, of intoxicating liquor in any quantity(a) to persons lodging at the hotel, at any hour of the day or night; Private hotel liquor licence
(b) to persons taking a meal in the hotel, at any hour of the day or night, if such liquor is consumed at such meal. (2) A private hotel liquor licence shall authorise the sale, on the premises of a private hotel at any hour of the day or night to a person who is lodging at the private hotel and who is about to make a journey of not less than thirty-two kilometres, of intoxicating liquor for consumption during such journey by such guest or his family or both. (No. 45 of 1961 as amended by No. 26 of 1963) 10. A restaurant licence shall authorise the sale, on the licensed premises, of intoxicating liquor in any quantity to any person taking a meal in such premises at any hour of the day or night if such liquor is consumed at such meal. Restaurant licence
11. A railway restaurant car licence shall authorise the sale, on the car Railway so licensed, of intoxicating liquor in any quantity for consumption on restaurant car the train at any time in the day or night to any bona fide passenger on licence such train. 12. (1) A passenger vessel licence shall authorise the sale, on the ship or other vessel so licensed while engaged in carrying passengers, of intoxicating liquor in any quantity, for consumption on such ship or vessel, at any hour of the day or night. Passenger vessel licence
(2) Notwithstanding any other provision of this Act, no licence shall be required for the sale on a passenger vessel of intoxicating liquor for consumption on the vessel while in the waters or ports of the Republic, if a licence for the sale of intoxicating liquor on such vessel granted under the laws of any other Government is in force. 13. An airport licence shall authorise(a) the sale, on premises forming part of an airport or aerodrome for consumption on such premises, of intoxicating liquor in any quantity(i) to any person arriving at or departing from such airport or aerodrome by air or lawfully using the same for purposes connected with air travel, at any hour of the day or night; and (ii) to any other person, between the hours of six o'clock in the morning and half-past ten o'clock in the evening; (b) the sale, at any hour of the day or night, of intoxicating liquor for consumption off the premises to any person who is a bona fide passenger in transit through or departing from the Republic on an international flight, if the said intoxicating liquor is sold on such part of licensed premises forming part of an international aerodrome as is designated for such purpose by the Minister responsible for finance pursuant to section one hundred and ninety of the Customs and Excise Act, and if it is sold in such quantities and under such conditions as the Minister responsible for finance, pursuant to the said section of the said Act, may have prescribed. (No. 6 of 1968) 14. A theatre licence shall authorise the sale, in any cinema or in any Theatre licence other place or building of which a portion is used as a place of entertainment, of intoxicating liquor for consumption on the licensed premises to members of the audience, the staff and the players from one half-hour before to one half-hour after any performance. 15. A temporary licence shall authorise the sale, on the premises specified in the licence, of intoxicating liquor in any quantity for consumption on the premises, at any place of recreation or public amusement or other assembly for the period, not exceeding three days, during which such recreation, amusement or assembly continues or for any less period specified in the licence, subject to such restrictions and Temporary licence Cap. 322 Airport licence
conditions as to the hours during which intoxicating liquor may be supplied or otherwise as may be inserted in the licence. 15A. (1) A club licence shall authorise the sale on club premises of intoxicating liquor in any quantity to the members of the club or their guests for consumption on or off the club premises: Provided that the Minister may, by statutory instrument, prescribe the hours during which intoxicating liquor may be sold on any day of the week. (As amended by Act No. 12 of 1975) 16. (1) Any person applying for a licence other than a wholesale liquor Restricted licence may, at his request and subject to the provisions of this Act, be licences granted a restricted licence which shall not authorise the sale of spirits but which shall otherwise have the effect of a licence of the type granted. (2) Notwithstanding the provisions of subsection (1), no restricted licence other than a restricted hotel liquor licence, a restricted private hotel liquor licence or a restricted passenger vessel licence shall be issued to any person who is not an employee of, or authorised by, a local authority unless the Minister has, by statutory notice, declared that the provisions of the said subsection have been applied to the area in which such premises are situate. (As amended by No. 45 of 1961 and G.N. No. 304 of 1964) 16A. (1) A Board shall not grant a licence where the application for the Prohibition of grant of the licence is in respect of premises within an area declared as a the grant of prescribed area for that type of licence. licences (2) In this section and in section eighteen 'prescribed area" means any area declared by the Minister under section seventy-four to be a prescribed area for one or more types of licences mentioned in paragraphs (a) to (k), both inclusive, of subsection (1) of section four: Provided that where the Minister has given the Board a direction in writing to consider such an application, the Board may consider the application and grant a licence. Club licence
(As amended by Act 4 of 1971 and 20 of 1972)
PART III ESTABLISHMENT AND POWERS OF LICENSING BOARDS 17. (1) Subject to the provisions of this Act and upon payment of the appropriate fees, licences may be granted, renewed, transferred or removed(a) in the case of a passenger vessel licence, by the licensing officer of the District in which any port at which the vessel concerned calls is situate; (b) in the case of a temporary licence, by the licensing officer of the District in which the premises concerned are situate; (c) in the case of a railway restaurant car licence, by the Board of the Central Province; and (d) in any other case, by the Board of the Province in which the premises concerned are situate. (2) The Minister may in any case or class of case, by Gazette notice, remit the whole or any part of any appropriate fee due under this Act. 17A. (1) A Board shall not grant a licence where the application for the Prohibition of grant of the licence is in respect of premises within an area declared as a grant of prescribed area for that type of licence: licences Provided that where the Minister has given the Board a direction in writing to consider such an application, the Board may consider the application and grant a licence. (2) In this section, "prescribed area" means any area declared by the Minister under section eighty-two to be a prescribed area for one or more Grant and renewal of licences
types of licences mentioned in paragraphs (a) to (k), both inclusive, of subsection (1) of section four. (No. 40 of 1971 as amended by No. 20 of 1972) 18. (1) There shall be established for each Province a Provincial Licensing Board consisting of such persons, not exceeding five in number, as the Minister may from time to time, by Gazette notice, appoint. (2) The Minister may nominate one of the members of a Board to be the chairman thereof, but in the absence of such chairman from any meeting of a Board the members present at such meeting shall choose a chairman for that meeting from their number. (3) Three members of a Board shall form a quorum and the chairman at any meeting shall have a casting as well as a deliberative vote. (4) The Minister may appoint a person to be the secretary to a Board. (5) The chairman at any meeting of a Board is hereby empowered to administer any oath required by any of the provisions of this Act relating to the giving of evidence before such Board. 19. (1) No licence shall be granted toRestrictions upon grant of licences Establishment of Boards and procedure at meetings
(a)
any person who is under the age of twenty-one years; or
(b) a sheriff's officer or any other officer entrusted with the execution of the legal process of any court; or (c) any person who has been convicted of forging a licence or of making use of a forged licence knowing it to have been forged; or (d) any person who has been convicted, whether under this Act or otherwise, of permitting to be kept, or keeping, as a brothel premises for which at the time of such conviction he held a licence; or
(e) any person who has been disqualified by a court from holding a licence while such disqualification remains in force. (2) No licence shall, without the consent of the Minister, be granted or transferred to(a) any person who does not reside wihin the Republic; or
(b) any person whose licence has been forfeited until after the expiration of five years after the date of such forfeiture; or (c) any person who has been convicted of an offence relating to the sale of intoxicating liquor without a licence until after the expiration of five years after the date of such conviction; or (d) any person who has at any time been sentenced to imprisonment for any period exceeding six months. (3) No licence shall be granted or renewed to a company, society, partnership or other association of persons: Provided that nothing in this subsection shall be deemed to prevent the grant or renewal of any licence to a person in the employ of such company, society, partnership or association, and if any such employee to whom any such licence was granted or renewed ceases to be employed in a position in which he is required to hold such licence, his employer may take such steps for the transfer of the licence to some other employee, as a licensee may take under the provisions of this Act for the transfer of his licence to some other person. (4) No temporary licence shall be issued in respect of the premises of a Cap. 162 club registered under the Clubs' Registration Act except for the purposes of a function to be held in the club in aid of charity or for the furtherance of sporting or cultural activities forming part of the objects of the club: Provided that, where the licensing authority is satisfied that there are no other suitable premises available, it may at its discretion issue a temporary licence in respect of any function to be held on the premises
of such club. (As amended by No. 45 of 1961, No. 26 of 1963, No. 40 of 1971 and No. 20 of 1972) 20. (1) Every application for the grant of a licence shall be made in the Application for prescribed form to the appropriate licensing authority. grant or renewal of licence (2) Every application for the renewal of a licence shall be made(a) (b) (c) on or before the 30th October in each year; and to the licensing authority which granted the original licence; and in the form prescribed, signed by the licensee concerned:
Provided that a licensing authority may in its discretion consider an application for the renewal of a licence made after the 30th October where the licensing authority is satisfied that the delay in submitting the application was not due to the wilful or negligent default of the applicant. (3) Any person making or causing to be made 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. (4) A Board shall not consider an application for the grant or renewal of a licence, other than a railway resturant car licence, unless it is satisfied that the applicant has given at least twenty-one days' notice of his intention to make such application. (5) A Board shall not consider an application for the grant of an on-licence unless the applicant has, not less than fourteen days before the application is made, lodged with the secretary to the Board a plan of the premises in respect of which the application is made, together with a certificate from the local authority that the said plans have received its approval.
(6) The notice referred to in subsection (4) shall be made in the prescribed form, shall include an address at which service of notices and other documents may be made, and shall be published in the Gazette and in two consecutive issues of a newspaper circulating in the area where the premises concerned are situate, and the period of twenty-one days mentioned in subsection (4) shall be calculated from the date of the last publication of such notice. (7) Evidence given on application for the grant of a licence shall be given on oath. (As amended by No. 35 of 1960 and Act No. 13 of 1994) Notice of 21. Any person who intends to oppose an application for the grant, renewal, transfer or removal of a licence shall give notice in writing of intention to object his intention to the applicant and to the licensing authority concerned, specifying in general terms the grounds of his opposition, and including an address at which service of notices and other documents may be made, not later than fourteen days after the last publication of the notice referred to in subsection (4) of section twenty, and unless such notice of intention has been so given the licensing authority shall not entertain such objection. (As amended by No. 35 of 1960 and No. 45 of 1961) 22. (1) Subject to the provisions of section nineteenGrounds for refusal of licences
(a) a railway restaurant car licence or a passenger vessel licence shall be granted or renewed as of right upon due application being made; and (b) the grant of a temporary licence shall be in the uncontrolled discretion of the licensing officer concerned, and no appeal, whether under this Act or otherwise, shall lie from a refusal to issue such licence. (2) A Board may refuse to grant or renew any licence, other than a licence mentioned in subsection (1), upon any of the following grounds: (a) that the premises concerned do not comply with the provisions
of any law for the time being in force; or (b) that the grant or renewal of the licence would conflict with any approved or proposed town plan or zoning area; or (c) that the grant or renewal of such licence is calculated to cause nuisance or annoyance to persons residing in the neighbourhood of the premises concerned; or (d) (e) that the applicant is not a fit and proper person to hold a licence; in the case of a bar license-
(i) that, upon evidence given by the police, the Board is satisfied that the granting or renewal of such licence would be detrimental to public order; or (ii) where the application is for a new licence, that the applicant has not satisfied the Board that, having regard to all the circumstances of the case including the number of existing on-licences in the area concerned, there is a public need for such licence; or (f) in the case of an hotel liquor licence or a private hotel liquor licence(i) Act; that the hotel is not licensed under the provisions of the Hotels Cap. 153
(ii) that the premises in respect of which the application is made do not include at least ten bedrooms for the accommodation of guests where such premises are situate within a municipality or a township, or at least five such bedrooms where such premises are situate elsewhere; or (g) in the case of a restaurant licence-
(i) that, upon evidence given by the police, the Board is satisfied that the granting or renewal of such licence would be detrimental to public order; or (ii) that the applicant does not keep, upon the premises in respect of which the application is made, a bona fide restaurant at which meals will regularly be provided for guests, and that such premises do not provide reasonable facilities for persons taking meals in such restaurant; (h) in the case of a retail licence-
(i) where the application is for a new licence, that the applicant has not satisfied the Board that, having regard to the circumstances of the case including the number of existing retail licences, there is a public need for such licence; (ii) that the applicant carries on in the premises or in premises directly communicating therewith any other business for which a licence under this Act is not in force: Provided thatA. the provisions of sub-paragraph (ii) shall not apply where the only goods sold in the course of such other business are one or more of the following: tobacco, tobacco products, smokers' and cocktail requisites, mineral waters, cordials and similar non-alcoholic beverages; B. the provisions of this paragraph shall not apply where it is proved to the satisfaction of the Board that, having regard to the area in which the premises are situate and to the amount of stock carried, such other business includes in its business a substantial grocery business. (3) An application by a person who is not a citizen of Zambia for the grant or renewal of a bar licence or a retail licence shall be refused unless(a) such application is in respect of premises within a prescribed area; or (b) where such application is in respect of premises outside a prescribed area, the Minister has in writing exempted the applicant from the provisions of this subsection. (4) Where the renewal of an existing retail licence is refused solely on the ground set out in sub-paragraph (ii) of paragraph (h) of subsection (2) or where the renewal of an existing bar licence or retail licence is refused solely on the ground set out in subsection (3), the Board shall, on payment of a proportionate fee, grant a licence for such period not exceeding six months as it shall deem sufficient to enable the applicant to dispose of his stock. (5) In this section"citizen of Zambia" has the same meaning as in subsection (4) of section seventeen of the Trades Licensing Act; "prescribed area" means any area declared by the Minister under section Cap. 393
eighty-two to be a prescribed area. (As amended by No. 35 of 1960, No. 45 of 1961 and No. 53 of 1968) 22A. (1) The President may at any time, by statutory instrument, Power of revoke any licence granted under this Act and, notwithstanding anything President to to the contrary in this Act contained, any licence so revoked shall expire revoke licences upon the commencement of such statutory instrument. (2) Notwithstanding anything to the contrary contained in this Act, where a licence has been revoked as aforesaid the holder shall be entitled to appoint a person of his own choice to dispose of his stock within one month after such revocation. (No. 62 of 1970) 23. (1) Where a Board is satisfied, on application made by any person interested in any premises about to be constructed or in the course of construction for the purposes of being used as licensed premises, that such premises would, if completed in accordance with the plans deposited under this Act, be such that the Board would have granted a licence of the type required in respect of such premises, the Board may make a provisional grant of such licence for such premises. (2) The provisions of this section shall not apply to a railway restaurant car. (3) The provisional grant of a licence(a) shall have effect for a period of twelve months from the date upon which such grant was made; and (b) shall not be valid until the Board concerned has declared it final. Provisional grant of licence
(4) A Board shall, when an application for that purpose is made to it within the period of twelve months referred to in paragraph (a) of subsection (3), declare such grant final on being satisfied(a) that the premises have been completed in accordance with the plans deposited; and
(b) that the holder of the provisional licence is not disqualified by this or any other written law from holding a licence. (5) No fee shall be payable upon the provisional grant of a licence but the appropriate fee for the licence shall be paid upon the declaration of such provisional grant as final. (As amended by No. 26 of 1963) 24. Where on an application the Board has decided to grant or renew a Application to lapse in certain licence and the appropriate fee for such grant or renewal has not been paid within thirty days from the date upon which the Board has notified circumstances the applicant of its decision, such application shall lapse. (No. 35 of 1960) 25. (1) For the purposes of this Act, the renewal of a licence shall mean Renewal of licences renewal subject to the same conditions as the original licence and subject to any further conditions which may be imposed under the provisions of this Act at the time of such renewal. (2) On any application for the renewal of an on-licence, the Board concerned may require a plan of the premises to be deposited with the secretary to the Board together with a certificate from the local authority that the said plan has received its approval. (3) Evidence given on an application for the renewal of a licence shall be given on oath. 26. A licensing authority shall, at the request of an applicant other than Notification of an applicant for a temporary licence, inform such applicant of the grounds of grounds on which the grant or renewal of a licence has been refused or refusal, etc. conditions have been imposed. 27. (1) A licensing officer may, in special circumstances and upon payment of the appropriate fee, grant an extension of the hours during which intoxicating liquor may be sold on the premises of a licence holder. Extension of permitted hours
(2) No extension shall be granted under the provisions of this section in respect of more than one period of twenty-four hours at any one time.
PART IV TRANSFER AND REMOVAL OF LICENCES 28. (1) For the purposes of this Act, the transfer of a licence means the Transfer of substitution, upon payment of the appropriate fee, of some other person licences as licensee of premises in place of the person who holds or has held a licence for such premises. (2) A person applying for the transfer of a licence shall, not less than fourteen days before such application is made, give notice in writing of his intention to make such application to(a) and the licensee where such application is not made by such licensee;
(b) the officer in charge of police in the area in which the licensed premises are situate. (3) The transfer of a licence shall not be granted except in the following cases and to the following persons, that is to say: (a) where the licensee has died, to his representative or the new tenant or occupier of the premises; (b) where the licensee is incapable, through illness or other infirmity, of carrying on business under the licence, to his assigns or the new tenant or occupier of the premises; (c) where the licensee is adjudged bankrupt, or a trustee is appointed in pursuance of a composition scheme to administer the property or manage the business of the licensee, or a trustee is appointed under a deed of arrangement for the benefit of the creditors of the licensee, to his trustee or the new tenant or occupier of the premises; (d) where the licensee has, or his representatives have, given up
occupation of the licensed premises, to the new tenant or occupier of such premises or to the person to whom the representatives or assigns have, for sale or otherwise, bona fide, conveyed or made over the interest in the premises; (e) where the occupier of the licensed premises, being about to quit them, has wilfully omitted or neglected to apply for a renewal of the licence, to the new tenant or occupier of such premises; (f) where the owner of such licensed premises or some person on his behalf has been granted a protection order under the provisions of section thirty, to the owner or person applying on his behalf; (g) where an employer wishes a licence to be transferred from one employee to another in accordance with the proviso to subsection (3) of section nineteen. (4) In a case arising under paragraph (f) of subsection (3), the licence may be transferred, notwithstanding that it has been forfeited, as if it were still valid. (5) A licensing authority shall not grant a transfer of a licence unless such authority is reasonably satisfied that the transfer is to a fit and proper person. 29. (1) Where a licensee dies, or is adjudged bankrupt, or a trustee is appointed in pursuance of a composition or scheme to administer the property or manage the business of a licensee, or a trustee is appointed under a deed of arrangement for the benefit of the creditors of a licensee, section forty shall not prohibit the sale of intoxicating liquor by the personal representatives or the trustee, as the case may be, during a period of three months after such death, adjudication or appointment: Provided that this section shall not exempt from the prohibition imposed by the said section a sale that would not have been authorised if the licence had been transferred to the representatives or the trustee. (2) Where an application is made for a transfer of a licence affected by the provisions of subsection (1) within the period of three months mentioned in subsection (1) and the licensing authority adjourns Power to carry on business after death, etc., of licensee
consideration of the application, the said period of three months shall, if necessary, be extended to the date of the hearing of the application. 30. (1) Where a person proposes to apply for the transfer of a licence to Protection order him, the licensing officer of the District in which the licensed premises are situate may, upon the application of such person and if such officer is satisfied that the applicant is a person to whom the transfer of the licence could be granted under the provisions of this Act, grant him authority (hereinafter referred to as a protection order) to sell intoxicating liquor as if he were the holder of the licence concerned. (2) Where(a) a licence is forfeited under any of the provisions of this Act; or
(b) a licence holder becomes disqualified under the provisions of section nineteen for holding a licence; a licensing officer may grant a protection order to any owner of the licensed premises or to any other person authorised by such owner, notwithstanding the forfeiture or the previous licence holder's disqualification: Provided that a protection order shall not be granted to the person whose licence has been forfeited or who has become disqualified. (3) The provisions of this Act relating to the regulation, government or control of licensees shall, while a protection order is in force, apply to the person to whom the order has been granted as they apply to a licensee. (4) A protection order shall remain in force for a period of three months: Provided that, where application is made for the transfer of the licence affected within the said period of three months and the licensing authority adjourns consideration of such application, the said period shall, if necessary, be extended to the date of the hearing of such application.
(5) A licensing officer to whom application is made for a protection order may examine on oath the applicant or any person giving evidence before him. (6) A protection order shall not be granted unless the applicant has, not less than forty-eight hours before the application, given notice in writing to the officer in charge of police in the area in which the licensed premises are situate, signed by the applicant or his authorised agent, and stating his name and address and his trade or calling during the six months preceding the giving of the notice. (7) The licensing officer by whom a protection order is granted shall endorse a memorandum of such order on the licence. (8) There shall be payable, upon the grant of a protection order, the appropriate fee. (As amended by No. 17 of 1967) 31. (1) For the purposes of this Act, the removal of a licence means taking the licence from the premises for which it is in force and endorsing it for other premises within the same Province. (2) An application for the removal of a licence shall be made in the prescribed form by the person wishing to hold the licence after removal, and the provisions of section nineteen, subsections (3) to (6), inclusive, of section twenty, and section twenty-two shall apply to any such application as they apply to an application for the grant or renewal of a licence. (3) Without prejudice to any other power of a Board to refuse to grant the removal of a licence, a Board shall not grant any such removal unless it is satisfied that no objection is made thereto by the person or persons owning and having control of the business carried on in the licensed premises from which it is sought to remove such licence or by the licensee. (4) There shall be payable, upon the grant of a removal of a licence, the appropriate fee. Removal of licence
(5) A Board may make a provisional grant of removal of a licence to premises about to be constructed or in the course of construction, and the provisions of section twenty-three shall apply to such a provisional grant as they apply to the provisional grant of a licence. (6) The provisions of this section shall not apply to a railway restaurant car licence, a passenger vessel licence or to a temporary licence.
PART V LICENCE REGISTERS 32. (1) A licensing authority shall cause to be kept a register of licences, in the prescribed form, containing particulars of all licences granted by the authority, the premises for which they were granted, the names of the owners of those premises and the names of the licensees. (2) A licensing authority shall cause to be entered in the register of licences notice of any conviction of any licensee entered in such register of an offence committed by him as such, including any offence against the provisions of any written law relating to the adulteration of drink, and the clerk of the court by which any such licensee is so convicted shall forthwith send notice of such conviction to the licensing authority concerned. Registration of 33. (1) Every person applying for the grant, renewal or removal of a licence shall state the name of the person for the time being entitled to owner receive, either on his own account or as mortgagee or other encumbrancer in possession, the rack-rent of the premises in respect of which the application is made, and the licensing authority shall cause such name to be entered in the register as the name of the owner of such premises and such name shall be endorsed on the licence. (2) A licensing authority shall also, on the application of any person whose name is not entered under subsection (1) in the register, and who has an estate or interest in the premises concerned, whether as owner, lessee or mortgagee, prior or paramount to that of the occupier, enter such person's name in the register as an owner of the premises: Register of licences
Provided that, where any such estate or interest is vested in two or more persons jointly, one only of such persons shall be registered as representing that estate or interest. (3) Any reference in this Act to the registered owner of the premises shall be construed as a reference to any person whose name is for the time being entered in the register under the provisions of this section. 34. (1) Any register shall be received in evidence of the matters required by this or any other written law to be entered therein. (2) Any document purporting to be certified by a licensing officer or by the secretary to a Board to be a true copy of an entry in a register shall be received as evidence of the matters contained in such entry. 35. On any application for the grant, renewal, transfer or removal of a Regard to be had to register licence, the licensing authority concerned shall have regard to any entries in the register relating to the person by whom or the premises for which the licence is to be held. 36. Any register shall be open to inspection by members of the public Inspection of at all reasonable times upon payment of the appropriate fee: register Provided that no public officer shall be required to pay any fee for inspection of a register. Register to be evidence
PART VI APPEALS 37. (1) The Minister shall appoint an Appeal Tribunal consisting of a chairman and two other members for the purpose of hearing appeals under the provisions of this Act. (2) The Minister may appoint a person to be secretary of the Tribunal. Establishment of Tribunal
(3) The chairman of the Tribunal is hereby empowered to administer any oath required by any of the provisions of this Act relating to the giving of evidence before the Tribunal. (As amended by S.I. No. 91 of 1965) 38. (1) Any person who, being an applicant forAppeal to Tribunal
(a) (b) (c)
the grant of a licence, other than a temporary licence; or the provisional grant of a licence; or the renewal, transfer or removal of a licence;
is aggrieved by the decision of a licensing authority thereon, by any condition attached to the grant, renewal, transfer or removal of a licence, or by any order made under the provisions of section seventy-two, may appeal to the Tribunal. (2) Notice of any appeal under the provisions of this section shall be given to the Tribunal within thirty days of the decision appealed against: Provided that the chairman of the Tribunal may in his discretion extend the time for giving notice of appeal. (3) Upon the entry of any appeal under the provisions of this section, the appellant shall pay the appropriate fee and a notice of appeal shall not be deemed to have been given to the Tribunal until such fee has been received by the secretary to the Tribunal. (4) In any appeal under the provisions of this section, the parties thereto shall be the appellant, any person who has validly taken objection to the original application and who wishes to appear on such appeal, and the licensing authority concerned, and no other person shall be entitled to be heard on such appeal. (5) An appellant in any appeal under the provisions of this section shall
serve on all persons who, by virtue of subsection (4), may be respondents to such appeal copies of his notice and grounds of appeal. (6) Any party to an appeal before the Tribunal may appear in person or by counsel, and a Board may appear by counsel or by a member of the Board nominated for such purpose by the chairman of the Board. (7) Where a licensing authority is a party to an appeal before the Tribunal, such authority may, in lieu of appearing before the Tribunal, send to the secretary thereof and to the appellant a statement of the reasons why such authority considers that the appeal should not be allowed, and such statement, if it purports to be signed by the chairman or secretary of a Board or by a licensing officer, shall be received in evidence by the Tribunal. (8) Pending the determination of an appeal against refusal to renew a licence, such licence shall be deemed to remain in force until such determination. (9) The Tribunal(a) may, by notice in writing, require any person, subject to the payment or tender of the reasonable expenses of his attendance, to attend as a witness and give evidence or to produce any documents in his possession or power which relate to any matter in question on an appeal under the provisions of this section, and if any person, without reasonable excuse, fails to comply with any of the requirements of such a notice, he shall be guilty of an offence and shall be liable to a fine not exceeding three thousand penalty units: Provided that no person shall be required to produce any book or account, voucher or receipt which directly refers to his business or trading; (b) shall have the power to take evidence on oath and to make such other investigations as it may deem fit in assisting it to come to a decision regarding any matter before it; (c) may award to any party to an appeal such costs as the Tribunal considers reasonable, and direct by what parties such costs are to be paid, and any person failing to comply with the provisions of any order
made under this paragraph shall be guilty of an offence and shall be liable to a fine not exceeding three thousand penalty units, and the costs awarded may be recovered, from the party ordered to pay such costs by the party to whom they were awarded, by civil action: Provided that where a licensing authority submits a statement under the provisions of subsection (7) and does not appear before the Tribunal, no costs shall be awarded against such authority. (10) The Tribunal shall hear and determine the matter of any appeal brought before it and may make such order therein in addition to or in substitution for the matter appealed against as it thinks fit, or may refer the matter back to the licensing authority concerned with the directions of the Tribunal which shall be binding on such authority. (As amended by Act No. 13 of 1994) 39. (1) Any party to an appeal who is dissatisfied with the decision of Appeal to High the Tribunal may appeal to the High Court on a question of law but not Court on a question of fact, and notice of any such appeal shall be given to the High Court within thirty days of the decision of the Tribunal. (2) On the hearing of any appeal under the provisions of this section, the High Court may allow the appeal and direct the licensing authority concerned accordingly, or may dismiss the appeal, or may refer the matter back to the Tribunal or the licensing authority for rehearing in accordance with the directions of the High Court.
PART VII GENERAL PROVISIONS INTOXICATING LIQUOR REGULATING SALE OF
40. (1) Subject to the provisions of this Act, if any person-
Selling liquor without licence
(a) sells any intoxicating liquor without holding a licence authorising him to sell such liquor; or
(b) being a licensee, sells any intoxicating liquor except in the licensed premises concerned; he shall be guilty of an offence. (2) A person convicted of an offence under the provisions of subsection (1) shall be liable(a) on a first conviction, to a fine not exceeding three thousand penalty units or to imprisonment for a period not exceeding three months, or to both. (b) on a second conviction, to a fine not exceeding six thousand penalty units or to imprisonment for a period not exceeding six months, or to both; (c) on a third or subsequent conviction, to a fine not exceeding six thousand penalty units or to imprisonment for a period not exceeding twelve months, or to both. (3) A licensee shall, on his second or subsequent conviction under the provisions of this section, forfeit his licence. (4) The court by which a person is convicted of an offence under the provisions of this section committed after a previous conviction of such an offence may order him to be disqualified for holding a licence(a) (b) life. on a second conviction, for a period not exceeding five years; on a third or subsequent conviction, for any term of years or for
(5) The court by which a licensee is convicted of an offence under the provisions of this section may declare all intoxicating liquor found in his possession, and the vessels containing it, to be forfeited. (As amended by Act No. 13 of 1994) 41. (1) Subject to the provisions of this Act, no person shallProhibition of sale, etc., of
liquor except during permitted hours (a) except during the permitted hours, himself, or by his servant or agent, sell or supply to any person in any licensed premises any intoxicating liquor to be consumed either on or off the licensed premises; or (b) except during the permitted hours, consume in, or take from, or permit any person to consume in or take from, any such premises any intoxicating liquor: Provided that intoxicating liquor sold during the per-mitted hours may be consumed on the licensed premises up to(i) fifteen minutes after the conclusion of the permitted hours in the case of intoxicating liquor sold under a bar licence; and (ii) half an hour after the conclusion of the permitted hours in the case of intoxicating liquor sold under an hotel liquor licence. (2) Nothing in subsection (1) shall prohibit or restrict(a) the sale or supply to, or consumption by, any person of intoxicating liquor in any premises where he is residing, or the supply of intoxicating liquor for consumption on the premises of a licensed hotel or a licensed private hotel to any private friends of any person lodging therein and bona fide entertained by him at his own expense, or the consumption of intoxicating liquor by persons so supplied; (b) the supply of intoxicating liquor for consumption on licensed premises to any private friends of the licensee bona fide entertained by him at his own expense, or the consumption of intoxicating liquor by persons so supplied. (3) If any person contravenes the provisions of this section, he shall be guilty of an offence and shall be liable to a fine not exceeding one thousand five hundred penalty units. (As amended by No. 45 of 1961 and Act No. 13 of 1994) 42. If the holder of a restricted licence has in his possession on the Liquor of kind
licensed premises any spirits without reasonable excuse, he shall be guilty of an offence and shall be liable, on a first conviction, to a fine not exceeding three hundred penalty units and, on a subsequent conviction, to a fine not exceeding six hundred penalty units, and in either case shall forfeit such spirits and the vessels containing it.
not authorised by licence not to be kept on premises
43. (1) A person shall not, in pursuance of a sale by him of intoxicating Delivery of liquor, deliver that liquor, either himself or by his servant or agent, from liquor any van, barrow, basket or other vehicle or receptacle unless the person delivering the liquor carries a delivery book or invoice in which there has been entered, before the liquor was despatched, the quantity, description and price of the liquor and the name and address of the person to whom it was to be supplied. (2) A person shall not, himself or by his servant or agent(a) carry in any van, barrow, basket or other vehicle or receptacle while in use for the delivery of intoxicating liquor in pursuance of a sale by that person any intoxicating liquor that is not entered in a delivery book or invoice under the provisions of subsection (1); (b) deliver in pursuance of a sale by him any intoxicating liquor at any address not entered as aforesaid. (3) A person shall not, by himself or by his servant or agent, refuse to allow a police officer to examine any van, barrow, basket or other vehicle or receptacle while in use for the distribution or delivery of any intoxicating liquor or to examine any delivery book or invoice carried under the provisions of subsection (1). (4) A licensee shall not be guilty of an offence under this section committed by his servant or agent if he proves that such offence was committed without his knowledge or consent. (5) Nothing in this section shall prohibit or restrict the delivery of intoxicating liquor to a trader for the purposes of his trade. (6) Any person guilty of an offence under the provisions of this section shall be liable to a fine not exceeding nine hundred penalty units.
(As amended by Act No. 13 of 1994) 44. (1) Where a person, having purchased intoxicating liquor from premises licensed under an off-licence, drinks such liquor(a) in the licensed premises; or Breach of terms of off-licence
(b) in premises adjoining or near the licensed premises that belong to the licence holder or are under his control or used by his permission; or (c) on a highway adjoining such premises;
then, if the drinking is with the privity of the licensee, such licensee shall be guilty of an offence. (2) If the holder of an off-licence with intent to evade the terms and conditions of or attaching to such licence, takes, or suffers any person to take, any intoxicating liquor from the licensed premises for the purpose of its being sold on his account or for his benefit or profit, he shall be guilty of an offence. (3) For the purposes of subsection (2), if liquor is taken for the purpose of its being drunk in any house, tent, shed or other building belonging to the licensee, or hired, used or occupied by him, the burden of proving that he did not intend to evade the terms and conditions of or attaching to his licence shall lie upon him. (4) Any person guilty of an offence under the provisions of this section shall be liable, on a first conviction, to a fine not exceeding three hundred penalty units and, upon a subsequent conviction, to a fine not exceeding six hundred penalty units. (As amended by Act No. 13 of 1994) 45. (1) If any person who is under the age of eighteen years or whose licence has been forfeited under section seventy is employed in any bar of licensed premises at a time when the bar is open for the sale or consumption of intoxicating liquor, the licensee shall be guilty of an offence and shall be liable, on a first conviction, to a fine not exceeding one hundred and fifty penalty units and, on a subsequent conviction, to a Persons under eighteen years not to be employed in bars
fine not exceeding six hundred penalty units. (2) For the purposes of this section, a person shall not be deemed to be employed in a bar by reason only that in the course of his employment in some other part of the premises he enters the bar for the purpose of giving or receiving any message or of passing to or from some other part of the premises, not being a bar, being a part to or from which there is no other convenient means of access or egress. (3) For the purposes of this section, a person shall be deemed to be employed by the person for whom he works notwithstanding that he receives no wages for his work. (4) Where in any proceedings under the provisions of this section it is alleged that a person was at any time under the age of eighteen years, and he appears to the court then to have been under such age, for the purposes of such proceedings he shall be deemed to have been then under that age unless the contrary be shown. (As amended by No. 17 of 1967 and Act No. 13 of 1994) 46. (1) A licensee shall not knowingly sell or deliver, or allow any other Restriction on person to sell or deliver, intoxicating liquor to a person under the age of sale, etc., of fourteen years: liquor to children Provided that this subsection shall not prohibit the sale or delivery of intoxicating liquor to any such person(a) at the residence or working place of the purchaser; or
(b) in sealed vessels in quantities not less than 1.75 reputed litres for consumption off the premises only. (2) A person shall not knowingly send any person under the age of fourteen years to any place where intoxicating liquor is sold or delivered in pursuance of a sale for the purpose of obtaining intoxicating liquor except for the purpose of obtaining it in sealed vessels in quantities not less than one reputed pint for consumption off the premises only.
(3) This section shall not prohibit a licensee from delivering intoxicating liquor to a person under the age of fourteen years who is a member of his family or his servant or apprentice and is employed as a messenger to deliver intoxicating liquor, or the sending of such a person to the licensed premises to obtain intoxicating liquor. (4) If any person contravenes any of the provisions of this section, he shall be guilty of an offence and shall be liable, on a first conviction, to a fine not exceeding sixty penalty units and on a subsequent conviction, to a fine not exceeding one hundred and fifty penalty units. (As amended by Act No. 13 of 1994) 47. (1) A licensee shall not knowingly sell, or allow any other person to sell, and a servant of a licensee shall not knowingly sell, intoxicating liquor to be consumed on the premises to a person under the age of eighteen years. Restriction on sale of liquor to young persons for consumption on premises
(2) A person under the age of eighteen years shall not buy or attempt to buy in licensed premises intoxicating liquor to be consumed by him on the premises. (3) Nothing in subsections (1) and (2) shall prohibit the sale to or purchase by a person who has attained the age of sixteen years of intoxicating liquor, other than spirits, for consumption at a meal in a part of the premises usually set apart for the service of meals that is not a bar. (4) A licensee, or any servant of a licensee, shall not knowingly(a) allow any person under the age of eighteen years to consume intoxicating liquor in any bar in the premises; (b) allow any person under the age of sixteen years to enter or remain in any such bar: Provided that this paragraph shall not apply to any child under the apparent age of three years, and actually carried by some other person, Cap. 168
who is in any place where traditional beer, as defined in the Traditional Beer Act, is sold. (5) No person shall buy or attempt to buy intoxicating liquor for consumption in a bar in any licensed premises by a person under the age of eighteen years. (6) If any person contravenes the provisions of this section, he shall be guilty of an offence and shall be liable, on a first conviction, to a fine not exceeding thirty penalty units and, on a subsequent conviction, to a fine not exceeding sixty penalty units. (As amended by No. 45 of 1961 and Act No. 13 of 1994) 48. (1) No person shallRestriction on credit sales
(a) himself or by his servant or agent, sell in any licensed premises intoxicating liquor to be consumed on the premises; or (b) consume intoxicating liquor on any such premises;
unless it is paid for before or at the time when it is sold: Provided that(i) if the liquor is sold or consumed at a meal supplied at the same time and is consumed with the meal, and the liquor is paid for together with the meal; or (ii) if the liquor is supplied to the order of any person actually boarding or residing in the premises; no offence shall be committed under this subsection. (2) If any person contravenes the provisions of this section, he shall be guilty of an offence and shall be liable to a fine not exceeding nine hundred penalty units. (As amended by Act No. 13 of 1994) 49. (1) If any person makes or uses, or allows to be made or used, any Communication
internal communication between licensed premises and any premises, other than licensed premises, used as a place of public resort or as a refreshment house, he shall be guilty of an offence, and shall be guilty of a further offence for every day on which the communication remains open. (2) A person guilty of an offence under the provisions of this section shall be liable to a fine not exceeding three hundred penalty units and, if he is a licensee, he shall on conviction forfeit his licence. (As amended by Act No. 13 of 1994)
between licensed premises and places of public resort
50. (1) No alteration shall be made to premises for which an on-licence Consent of is in force if the alterationBoard for certain alterations (a) gives increased facilities for drinking; or
(b) conceals from observation any part of the premises used for drinking; or (c) affects the communication between the part of the premises where intoxicating liquor is sold and any other part of the premises or any street or other public way; unless the Board of the Province in which such premises are situate has consented in writing to such alteration and the appropriate fee has been paid by the licensee or such alteration is required by order of some lawful authority. (2) Before considering an application for consent under the provisions of this section, a Board may require plans of the proposed alteration to be deposited with the secretary to the Board at such time as it may determine, together with a certificate from the local authority that the said plans have received its approval. (3) Where any alteration is made to licensed premises in contravention of the provisions of subsection (1), the licensee shall be guilty of an offence and shall be liable to a fine not exceeding three hundred penalty units, and the court by whom such licensee is convicted may declare the
licence to be forfeited or direct that within a time fixed by the order the premises shall be restored to its original condition, and any person who fails to comply with any such order shall be guilty of an offence under this section. (As amended by Act No. 13 of 1994)
51. (1) Every licensee, other than the holder of a temporary licence, shall-
Particulars to be affixed to premises, etc.
(a) keep painted on or affixed to the licensed premises in a conspicuous place his name and after the name the word "licensed" followed by words sufficient to express the business for which the licence is granted; and (b) display, or cause to be displayed, his licence in a prominent position in the licensed premises. (2) A person shall not have on his premises words or letters importing that he is authorised, as licensee, to sell any intoxicating liquor that he is not authorised to sell. (3) If any person contravenes the provisions of this section, he shall be liable, on a first conviction, to a fine not exceeding three hundred penalty units and, on a subsequent conviction to a fine not, exceeding one hundred and sixty penalty units. (As amended by Act No. 13 of 1994)
52. (1) Any licensee who permits drunkenness or any violent, quarrelsome or riotous conduct to take place on the licensed premises shall be guilty of an offence.
Licensee not to permit drunkenness, etc.
(2) If a licensee is charged under subsection (1) with permitting drunkenness, and it is proved that any person was drunk in the licensed premises, the burden of proving that the licensee and the persons employed by him took all reasonable steps for preventing drunkenness
in the premises shall lie upon him. (3) Any licensee who sells intoxicating liquor to a drunken person shall be guilty of an offence. (4) Any person guilty of an offence under the provisions of this section shall be liable, on a first conviction, to a fine not exceeding six hundred penalty units and, on a subsequent conviction, to a fine not exceeding one thousand five hundred penalty units and to forfeiture of his licence. (As amended by Act No. 13 of 1994) 53. (1) Any person who, in licensed premises, procures or attempts to procure any intoxicating liquor for consumption by a drunken person shall be guilty of an offence. (2) Any person who aids a drunken person in obtaining or consuming intoxicating liquor in licensed premises shall be guilty of an offence. (3) Any person guilty of an offence under the provisions of this section shall be liable to a fine not exceeding one thousand and five hundred penalty units or to imprisonment for a period not exceeding one month, or to both. 54. (1) Without prejudice to any other right to refuse a person admission to premises or to expel a person from premises, a licensee or his servant or agent may refuse to admit to, or may expel from, the licensed premises any person who is drunken, violent, quarrelsome or disorderly, or whose presence in his premises would subject the licensee to a penalty under this Act or any other written law. (2) If any person liable to be expelled from licensed premises under the provisions of this section, when requested by the licensee or his servant or agent or any police officer to leave the premises, fails to do so, he shall be guilty of an offence and liable to a fine not exceeding one hundred and fifty penalty units. (3) Any police officer shall, on the demand of a licence holder or his Power to exclude drunkards, etc., from licensed premises Procuring drink for drunken persons
servant or agent, help to expel from the licensed premises any person liable to be expelled therefrom under the provisions of this section, and may use such force as may be required for such purpose. 55. (1) If a licensee permits the licensed premises to be a brothel, he shall be guilty of an offence and shall be liable to a fine not exceeding six hundred penalty units. Permitting licensed premises to be a brothel
(2) If a licensee is convicted, whether under this section or under any other enactment, of permitting his premises to be a brothel, he shall forfeit his licence. (As amended by Act No. 13 of 1994) 56. (1) A licensee shall not knowingly allow the licensed premises to be Permitting the habitual resort or place of meeting of reputed prostitutes, whether the licensed object of their so resorting or meeting is or is not prostitution: premises to be resort of prostitutes Provided that this section shall not prohibit his allowing any such persons to remain in the premises for the purpose of obtaining reasonable refreshment for such time as is necessary for that purpose. (2) If a licensee contravenes the provisions of this section, he shall be guilty of an offence and shall be liable, on a first conviction, to a fine not exceeding three hundred penalty units and, on a subsequent conviction, to a fine not exceeding six hundred penalty units. (As amended by Act No. 13 of 1994) 57. (1) If a licensee suffers any unlawful game to be carried on in his Gaming on premises, he shall be guilty of an offence and shall be liable, on a first licensed conviction, to a fine not exceeding three hundred penalty units and, on a premises subsequent conviction, to a fine not exceeding six hundred penalty units. (2) The conviction of a licensee of opening, keeping or using his premises, or of suffering his premises to be opened, kept or used as a
gaming house under any other enactment shall be deemed to be a conviction under this section. (As amended by Act No. 13 of 1994) 58. If a licenseeOffences in relation to police officers
(a) knowingly suffers to remain on his premises any police officer during any part of the time appointed for such police officer's being on duty, except for the execution of such duty; or (b) knowingly supplies any liquor or refreshment, whether by way of gift or sale, to any police officer on duty except by authority of a superior officer of such police officer; or (c) bribes or attempts to bribe any police officer; he shall be guilty of an offence and shall be liable, on a first conviction, to a fine not exceeding three hundred penalty units and, on a subsequent conviction, to a fine not exceeding six hundred penalty units. (As amended by Act No. 13 of 1994)
PART VIII SPECIAL PROVISIONS REGARDING PASSENGER VESSEL LICENCES ON LAKE KARIBA 59. For the purposes of this Part, unless the context otherwise requires- Interpretation for purposes of (No. 45 of 1961) Part VIII "crew" includes any person employed in a passenger vessel; "Lake Kariba" means the area of water formed by the construction of the dam at Kariba Gorge; "licensed passenger vessel" means a passenger vessel in respect of which there is in force a licence granted under the provisions of this Act or a currently valid licence for the sale of intoxicating liquor on a passenger vessel granted under the laws of Southern Rhodesia; "master" means any person having for the time being command or
charge of a passenger vessel; "open water" means that area of Lake Kariba which is not within one hundred yards of the shore of Lake Kariba. 60. (1) This Part shall apply only to vessels while on Lake Kariba. Application of Part VIII
(2) The provisions of this Part shall be in addition to and not in derogation of any provisions of any other Part of this Act except so far as those provisions are inconsistent with the provisions of this Part, and if any provision of any other Part is inconsistent with any provision of this Part, then the provision of this Part shall prevail and the provision of that other Part shall to the extent of the inconsistency be of no effect. 61. (1) Licenses for passenger vessels on Lake Kariba may be granted, Licensing renewed, or transferred by the Board for the Southern Province. authority for Lake Kariba (2) A temporary licence in respect of a passenger vessel on Lake Kariba may be granted by the licensing officer of the Gwembe District. 62. (1) No passenger vessel licence shall be granted or transferred to any person other than the master of a passenger vessel. Restrictions upon the grant, renewal or transfer of passenger vessel licenses
(2) No passenger vessel licence shall be granted or renewed in respect of any passenger vessel unless it complies with the provisions of any law for the time being in force relating to the registration of vessels or the licensing of vessels to carry passengers. (3) No passenger vessel licence or restricted passenger vessel licence shall be granted if an application for a similar licence by the applicant or in respect of the same vessel has been refused by the appropriate licensing authority under the Liquor Act, 1953, of Southern Rhodesia, as amended from time to time by subsequent Acts, within a period of
twelve months before the date on which application is made for such first mentioned licence. 63. The Board for the Southern Province may refuse to grant or renew Grounds for any passenger vessel licence upon any of the following grounds: refusal of (a) that the applicant is not a fit and proper person to hold a licence; licences or (b) that, upon evidence given by the police, the Board for the Southern Province is satisfied that the granting or renewal of such licence would be detrimental to public order; or (c) where the application is for a new licence, that the applicant has not satisfied the Board for the Southern Province that, having regard to all the circumstances of the case including the number of existing licensed passenger vessels on Lake Kariba, there is a public need for such licence. 64. A passenger vessel licence shall be subject to such conditions as to Conditions the standards in the quality of the services to be provided in the passenger vessel as the Board for the Southern Province may think fit to insert in the licence. 65. A passenger vessel licence issued under this Part shall authorise the Permitted hours and places sale of intoxicating liquor on a licensed passenger vesselunder a (a) to any bona fide passenger or any member of the crewpassenger (i) at any hour of the day or night, at the discretion of the master, while vessel licence such vessel is in open water at a place not within 1.6 kilometres of licensed premises other than another licensed passenger vessel or any licensed premises in respect of which an off-licence is held; (ii) between the hours of ten o'clock in the morning and half-past ten o'clock in the evening while such vessel is not in open water or is at a place within 1.6 kilometres of licensed premises other than another licensed passenger vessel or any premises in respect of which an off-licence is in force; (b) to any other person approved by the master between the hours of ten o'clock in the morning and half-past ten o'clock in the evening while such vessel is in open water or is at a prescribed place. 66. (1) If the holder of a passenger vessel licence contravenes any Breach of condition of or attaching to that licence, he shall be guilty of an offence. conditions of passenger
vessel licence (2) Any person guilty of an offence under the provisions of this section shall be liable, on a first conviction, to a fine not exceeding three hundred penalty units and, upon a subsequent conviction, to a fine not exceeding six hundred penalty units. (As amended by Act No. 13 of 1994) Right to go "inspecting officer" means an Administrative Officer, a police officer of aboard and inspect vessels or above the rank of Sub Inspector and any person authorised to enter premises under the provisions of the Liquor Act, 1953, of Southern Rhodesia, as amended from time to time by subsequent Acts. 67. (1) For the purposes of this section(2) An inspecting officer, while any vessel is in open water, and a police officer or Administrative Officer while any vessel is not in open water, may at all reasonable times go on board and inspect that vessel for the purpose of ascertaining whether the provisions of this Act or of the Liquor Act, 1953, of Southern Rhodesia, as amended from time to time by subsequent Acts, are being or have been contravened. (3) If any person hinders or prevents any inspecting officer in pursuance of this section from going on board or impedes him in carrying out any inspection under this section, he shall be guilty of an offence and shall be liable, on a first conviction to a fine not exceeding seven hundred and fifty penalty units and, on a subsequent conviction, to a fine not exceeding one thousand five hundred penalty units. (As amended by G.N. No. 502 of 1964, No. 24 of 1977 and Act No. 13 of 1994) 68. In the application of Lake Kariba of(a) subsection (6) of section twenty, there shall for the words "circulating in the area where the premises concerned are situate" be read the words "circulating in the Southern Province"; (b) paragraph (b) of subsection (2) of section twenty-eight, there shall for the words "in the area in which the licensed premises are situate" be read the words "in the Southern division"; (c) subsection (1) of section thirty, there shall for the words "the Application and modification of sections 20, 28, 30, 41, 45, 47, Part VII, sections 69, 76, 80 and 81
licensing officer of the District in which the licensed premises are situate" be read the words "the licensing officer of the Gwembe District"; (d) subsection (1) of section forty-one, there shall for the proviso to paragraph (b) thereof be read the following: Provided that intoxicating liquor sold during the permitted hours may be consumed on a licensed passenger vessel up to half an hour after the conclusion of the permitted hours; (e) sections forty-five and forty-seven, there shall for the words "under the age of eighteen years", wherever they occur, be read the words "under the age of nineteen years"; (f) Part VII and sections sixty-nine, seventy-six, eighty and eighty-one, "licence" shall include a currently valid licence for the sale of intoxicating liquor on a passenger vessel granted under the laws of Southern Rhodesia and "licence" and "licensed premises" shall be construed accordingly.
PART IX SUPPLEMENTAL 69. (1) Where any riot or tumult occurs or is expected to occur in any Closing of place, an authorised officer may order any licensed premises in or near premises in case of riot such place to be closed during such time as he may think fit, and any person carrying out such order may use such force as may be reasonably necessary for closing such premises. (2) Any person who resists or obstructs the execution of any order given under the provisions of subsection (1), and any licensee who sells intoxicating liquor in contravention of such order, shall be guilty of an offence and shall be liable to a fine not exceeding one thousand five hundred penalty units, and any such licensee so convicted shall also be liable to suffer the forfeiture of his licence. (As amended by Act No. 13 of 1994) 70. (1) When the Minister is satisfied that a license is or has engaged in Forfeiture of or permits any activity on the licensed premises which is detrimental to licence by the the security of the Republic or to public order he may, by order, forfeit Minister the licence of the licensee and a copy of the order of forfeiture shall be served on the licensee.
(2) An order of forfeiture shall take effect when the copy thereof is served on the licensee. (3) An order of forfeiture shall, on its production in any proceedings or application before any court or licensing authority or the Tribunal, be conclusive evidence of the fact of forfeiture. (4) No appeal shall lie to any court against an order of forfeiture of a licence under this section. (5) Neither an order of forfeiture of a licence under this section nor the grounds for such a forfeiture shall be questioned or be subject to review by any court or licensing authority or the Tribunal in any proceedings or application before it. (No. 17 of 1967)
71. Where a licence is forfeited under any provision of this Act, the licensing officer of the District in which the licensed premises concerned are situate or, in the case of a passenger vessel licence, the licensing officer of the District in which any port at which the vessel concerned calls is situate, shall, upon the application of the licensee whose licence is forfeited, in writing permit the licensee to dispose of his stock in hand at the date the forfeiture takes effect during the period of one month from that date, and thereupon the provisions of this Act relating to the regulation, government or control of licensees shall, during that period, apply to the person so permitted as they apply to a licensee. (No. 17 of 1967) 72. (1) A Board, upon the grant, renewal or removal of a licence, may, subject to the prior approval of the local authority, order that, within a time fixed by the order, such structural alterations shall be made by the licensee in the public rooms of the licensed premises where intoxicating liquor is sold or consumed as the Board thinks reasonably necessary to ensure the suitability of such rooms for the sale of intoxicating liquor and for the accommodation of the public therein. (2) The secretary to a Board shall serve on the registered owner of the licensed premises notice of any order made under the provisions of this
Disposal of stock in hand where a licence is forfeited
Power to require structural alterations
section. (3) Where any order made under the provisions of this section is complied with, the Board shall not, without the written consent of the Minister, make any other such order in respect of the same premises within five years following the date of the first-mentioned order. (4) If a licensee makes default in complying with the requirements of an order made under the provisions of this section, he 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 such default continues after the expiration of the time fixed by such order. (As amended by Act No. 13 of 1994) 73. The holder of an on-licence shall not, except with the written consent of the licensing authority concerned, carry on any other business on his licensed premises except that connected with the conduct of an hotel or restaurant or the sale of light refreshments or of tobacco, tobacco products, mineral waters and matches, and any licensee who carries on any business in contravention of the provisions of this section shall be guilty of an offence and shall be liable to a fine not exceeding three hundred penalty units. (As amended by Act No. 13 of 1994) 74. Notwithstanding the provisions of any written law for the time being in force relating to trading licences, the holder of any licence for the sale of liquor for consumption on the premises may, on those premises and during the permitted hours, carry on the business of the sale of tobacco, tobacco products, mineral waters, chocolates, sweets and matches without a trading licence. 75. (1) Any document purporting to be a licence and signed by a licensing officer or by the secretary to a Board shall be received in evidence. (2) Any document purporting to be a copy of a licence certified under the hand of the licensing officer, or the secretary to the Board, issuing Sale of tobacco, etc. Restrictions on carrying on other business
Proof of licences, etc.
the original licence to be a true copy shall be received in evidence on an application for the renewal, transfer or removal of the licence, or on application for a protection order, if the licensing authority to whom the application is made is satisfied by evidence that the original licence is lost or unlawfully withheld. (3) Any memorandum made under the provisions of sub-section (7) of section thirty shall be received in evidence. 76. (1) Evidence that a transaction in the nature of a sale of intoxicating Evidence of liquor took place shall, in any proceedings relating to an offence under sale, etc. the provisions of this Act, be evidence of the sale of such liquor without proof that money passed. (2) Evidence that consumption of intoxicating liquor was about to take place shall, in any such proceedings as aforesaid, be evidence of the consumption of intoxicating liquor without proof of actual consumption. (3) Evidence that any person, other than the occupier of licensed premises or a servant employed in licensed premises, consumed or intended to consume intoxicating liquor in such premises shall be evidence that the liquor was sold by or on behalf of the licensee to that person. 77. (1) A police officer may at any time enter licensed premises for the Right of police purpose of preventing or detecting the commission of any offence officers to enter against this Act. premises (2) If any person, himself or by any person in his employment or acting with his consent, obstructs or fails to admit a police officer who demands entry to premises in pursuance of this section, he shall be guilty of an offence and shall be liable, on a first conviction, to a fine not exceeding seven hundred and fifty penalty units and on a subsequent conviction, to a fine not exceeding one thousand five hundred penalty units. (As amended by Act No. 13 of 1994)
78. (1) If a magistrate is satisfied by information on oath that there is Search warrant reasonable ground for believing that any intoxicating liquor is sold by retail at any place, being a place where that liquor may not lawfully be sold by retail, he may issue a search warrant under his hand to a police officer of or above the rank of Sub-Inspector authorising him at any time or times within one month from the date of the warrant to enter that place, which shall be named in the warrant, by force if need be, and search the place for intoxicating liquor and seize and remove any intoxicating liquor that the police officer has reasonable ground for supposing to be in the place for the purpose of unlawful sale there or elsewhere, and the vessels containing such liquor. (2) If the owner or occupier of the place from which any intoxicating liquor has been removed under subsection (1) is convicted of selling by retail any intoxicating liquor that he is not authorised to sell by retail, or is convicted of having in his possession intoxicating liquor that he is not authorised to sell, any intoxicating liquor so removed, and the vessels containing it, shall be forfeited. (3) Where a police officer seizes any intoxicating liquor in pursuance of a warrant issued under the provisions of this section, any person found in the place at which such liquor was seized shall, unless he proves that he is there for a lawful purpose, be guilty of an offence and liable to a fine not exceeding sixty penalty units. (4) Where a police officer seizes any liquor as aforesaid, and any person so found, on being asked by a police officer for his name and address(a) (b) refuses to give them; or gives a false name or address; or
(c) gives a name or address that the police officer has reasonable grounds for thinking to be false, and refuses to answer satisfactorily any questions put by such officer to ascertain the correctness of the name or address; shall be guilty of an offence and liable to a fine not exceeding one hundred and fifty penalty units. (5) A police officer may arrest without warrant any person whom he
suspects of having committed an offence under the provisions of subsection (4) (As amended by Act No. 13 of 1994) 79. (1) For the purposes of any provisions of this Act imposing a penalty or forfeiture on a second or subsequent conviction, any conviction that took place more than five years previously shall be disregarded. (2) Liquor or vessels forfeited under the provisions of this Act shall be sold or otherwise disposed of as the court imposing the forfeiture may direct, and the proceeds shall be applied as if they were a fine. 80. (1) Where the conviction of a licensee is entered in a register under the provisions of subsection (2) of section thirty-two, the person making such entry shall serve notice of the conviction on the registered owner of the premises. (2) A notice served under the provisions of subsection (1) may be served by registered post and in such case shall be deemed to be properly addressed if it is addressed to any place that the owner has specified to the authority keeping such register as his address or, if the owner has not specified any such place, that the person serving the notice believes to be the owner's address. 81. (1) Where on conviction of an offence a licence is forfeited, and the Temporary person convicted appeals against such conviction, the convicting court licence pending may, in its discretion and on such conditions, if any, as it thinks just, appeal grant a temporary licence, without payment of fee, to be in force until the appeal is determined or ceases to be prosecuted. (2) A temporary licence granted under the provisions of subsection (1) shall be of the same type and, in addition to any conditions imposed under subsection (1), be subject to the same conditions as the licence which is forfeited. 82. The Minister may from time to time, by statutory instrument, prescribe any matter which he may deem necessary or expedient to prescribe for the purpose of giving effect to the objects of this Act, and Powers of Minister Notice of conviction of licensee to be given to owner Offences and forfeitures
in particular, but without derogating from the generality of the foregoing, declare any area to be a prescribed area and exempt any person or class of persons from the application of any provision of this Act or from the payment of all or any part of the appropriate fee. (As amended by Act 53 of 1968, 47 of 1970 and 6 of 1983)
SCHEDULE
(Section 2)
PRESCRIBED FEES
1. Fees for the grant or renewal of aFee units Wholesale liquor licence 1,200 Retail liquor licence 800 Bar licence 800 Airport licence 600 Hotel liquor licence 1,000 Private hotel liquor licence 800 Restaurant licence 600 Railway restaurant car licence 150 Passenger vessel licence 300 Theatre licence 400 Club licence 400 Temporary licence: per twenty-four hours or part thereof 500 Restricted licence: one half of the fee prescribed above for the appropriate full licence Where any licence is granted on or after 1st July, one-half of the appropriate fee prescribed above shall be payable in respect of the period to the 31st December, next following. 2. For extension of the permitted hours under the provisions of section twenty-seven of the Act, there shall be paid a fee of one thousand fee units in respect of every hour or part thereof by which the permitted hours are extended. 3. Fees forFee units Transfer of licence, other than a restricted passenger vessel licence, Lake Kariba and other lakes 100 Transfer of a restricted passenger vessel licence for vessels on Lake Kariba and other lakes 30 Removal licence 100 Inspection of a register 10 Consent of a Board under section fifty of the Act 20 A protection order 100 4. The fee payable upon an appeal to the tribunal shall be (As amended by Act Nos 7 and 13 of 1994) 400
LIQUOR LICENSING SECTION 16 (2)-RESTRICTED LICENCES
CAP. 167
Notice by the Minister It is hereby declared that the provisions of subsection (1) of section sixteen of the Act shall apply to all areas of Zambia, other than(a) (b) (c) (d) the City of Lusaka, the City of Kitwe and the City of Ndola; all municipalities; all townships; obsolete;
(e) any area within fifteen kilometres of the boundary of the City of Lusaka, the City of Kitwe or the City of Ndola, any municipality, any township or any mine township. SECTIONS 17A AND 82-THE LIQUOR LICENSING (PROHIBITION) REGULATIONS Regulations by the Minister 1. These Regulations may be cited as the Liquor Licensing (Prohibition) Regulations. 2. The area mentioned in the First Schedule is hereby declared as the prescribed area under section seventeen A of the Act for the types of licences mentioned in the Second Schedule. Title
Prohibition of grant of certain types of licences
FIRST SCHEDULE
(Regulation 2) THE PRESCRIBED AREA The whole of Zambia
SECOND SCHEDULE
(Regulation 2) TYPES OF NEW LICENCES PROHIBITED 1. A retail liquor licence 2. A bar licence
SECTION 82-THE LIQUOR (PRESCRIBED AREAS) REGULATIONS Regulations by the Minister 1. These Regulations may be cited as the Liquor (Prescribed Areas) Regulations. 2. Each of the several areas described in the Schedule is hereby declared to be a prescribed area.
Title
Prescribed areas
SCHEDULE
(Regulation 2)
PRESCRIBED AREAS CHINGOLA

Starting at the intersection of the centre line of Kabundi Road and the centre line of Fifth Avenue, the boundary follows the centre line of Fifth Avenue in a northerly direction to a point equidistant from the centre line of Kwacha Street and the centre line of 13th Street; thence in an easterly direction to its intersection with the centre line of Kitwe Road at a point equidistant from the centre line of 13th Street and the centre line of Kwacha Street; thence in a southerly direction along the centre line of Kitwe Road to its intersection with the centre line of Kwacha Street; thence in an easterly direction along the centre line of Kwacha Street to a point opposite the north-western corner of Stand No. 162; thence in a southerly direction along the western boundary of Stand No. 162 and the boundary between Stands Nos. 181 and 182 to the centre line of Kabundi Road; thence in an easterly direction along the centre line of Kabundi Road to its intersection with the centre line of Kitwe Road; thence in a southerly direction along the centre line of Kitwe Road to a point opposite the south-east corner of Stand No. 208; thence following the southern and western boundaries of Stand No. 208 to a point opposite the south-east corner of Stand No. 526; thence along the southern boundaries of Stands Nos. 526 and 1418 to the south-west corner of Stand No. 514; thence following the western, north-western and northern boundaries of Stand No. 514 to a point opposite the intersection of the centre line of Kabundi Road and Fifth Avenue, the point of starting.
CHOMA
Stands Nos. ME.1, ME.3-ME.7, ME.43-ME.46, ME.54, 37, 38, 41, 42, 133, 134, 286-288, 337.
KABWE
Starting at the intersection of the centre line of Machile Street with the centre line of Freedom Way, the boundary follows the centre line of
Freedom Way to its intersection with the centre line of Buntungwa Street; thence in a southerly direction along the centre line of Buntungwa Street to a point opposite the south-east corner of Stands Nos. 848; thence in a westerly direction along the southern boundaries of Stands Nos. 848, 847, 635-628 to the centre line of Pauling Street; thence northwards along the centre line of Pauling Street to a point opposite the north-west corner of Stand No. 505; thence in an easterly direction along the northern boundaries of Stands Nos. 505, 506, 507, 54-60, 87-91, 208-212, 691-693 to the centre line of Machile Street; thence southwards along the centre line of Machile Street to its intersection with the centre line of Freedom Way, the point of starting.
KITWE
(a) Kitwe Central Area: Starting at the intersection of the centre line of President Avenue and the centre line of Oxford Road, the boundary follows the centre line of Oxford Road in a westerly direction to its intersection with the centre line of Chisokone Avenue; thence in a northerly direction along the centre line of Chisokone Avenue to its point of intersection with the production of the centre line of the service lane in the rear of Stand No. 28; thence in an easterly direction following the centre line of the service lane and its production eastwards to the point of intersection with the centre line of President Avenue; thence in a southerly direction along the centre line of President Avenue to its intersection with the centre line of Oxford Road, the point of starting. (b) Parklands Shopping Centre: Stands Nos. 640-645, 2564, 2934, 3634-3637, Freedom Way.
LIVINGSTONE
Starting at the intersection of the centre line of John Hunt Way (Kingsway) with the centre line of Princess Street, the boundary follows the centre line of Princess Street in a south-easterly direction to its intersection with the production north-eastwards of the centre line of the service lane between Stands Nos. 172 and 196; thence along the centre line of the service lane in a south-westerly direction to the intersection of its production with the centre line of Akapelwa Street (Sackville Street); thence north-westwards along the centre line of Akapelwa Street (Sackville Street) to its intersection with the production of the centre line of the service lane between Stands Nos. 467 and 493; thence along the centre line of the service lane in a south-westerly and westerly direction to the intersection of its production with the centre line of
Mosi-oa-Tunya Road (Mainway); thence to the intersection of the centre lines of Mutelo Street (Codrington Street) and John Hunt Way (Kingsway); thence north-eastwards along the centre line of John Hunt Way (Kingsway) to its intersection with the centre line of Princes Street, the point of starting.
LUANSHYA
Starting at the intersection of the centre line of Zaune Avenue with the centre line of Fourteenth Street, the boundary follows the centre line of Fourteenth Street to a point opposite the north-east corner of Stand No. 17; thence along the northern boundaries of Stands Nos. 17, 18, 19, 524; thence in a southerly direction along the eastern boundary of Stand No. 524 to the centre line of Buntungwa Avenue; thence in an easterly direction along the centre line of Buntungwa Avenue to its intersection with the centre line of Sixteenth Street; thence in a southerly direction along the centre line of Sixteenth Street to a point on the boundary of the Roan Antelope Branch Line Reserve; thence in a westerly direction along the northern boundary of the Roan Antelope Branch Line Reserve to its intersection with the centre line of Fifteenth Street; thence in a northerly direction along the centre line of Fifteenth Street to its intersection with the centre line of Zaune Avenue; thence in a westerly direction along the centre line of Zaune Avenue to its intersection with the centre line of Fourteenth Street, the point of starting.
LUSAKA
(a) Lusaka Central Area: Starting at the intersection of the centre line of Ben Bella Road (Williams Street) with the centre line of Lumumba Road (Connaught Road), the boundary follows the centre line of Lumumba Road (Connaught Road) in a north-westerly direction to its intersection with the centre line of Kalambo Road (Coventry Street); thence along the centre lines of Kalambo Road (Coventry Street) to its intersection with the centre line of Cairo Road and Great East Road; thence along the centre line of Great East Road to the western boundary of the Railway Reserve; thence along the western boundary of the Railway Reserve in a southerly direction to the centre line of Independence Avenue; thence along the centre line of Independence Avenue to its intersection with the centre lines of Cairo Road, Kafue Road and Ben Bella Road (Williams Street); thence along the centre line of Ben Bella Road (Williams Street)
to its intersection with the centre line of Lumumba Road (Connaught Road), the point of starting. (b) Longaeres Shopping Centre: Stands Nos. 2150, 2160-2169, 2422, 2658-2659, 4848 and 5234. (c) Woodlands Shopping Centre: Stands Nos. 1038, 1039, 1409, 1410, 2331, 3023. (d) Chelston Shopping Centre: The shops situated on Block No. 40.
MAZABUKA
Stands Nos. 3-11, 434, 435, 13, 153, 154, 15-21, 155, 156, 23-27, 164, 165, 29-33, 157, 158, 159, 160, 37, 140.
MUFULIRA
(a) Mufulira Central Area: Starting at the intersection of the centre line of Pempuleni Avenue and the centre line of Accra Street, the boundary follows the centre line of Accra Street in a southerly direction to its intersection with the centre line of Choba Avenue; thence in a westerly direction along the centre line of Choba Avenue to its intersection with the centre line of Buntungwa Street; thence in a northerly direction along the centre line of Buntungwa Street to its intersection with the centre line of Pempuleni Avenue; thence in an easterly direction along the centre line of Pempuleni Avenue to its intersection with the centre line of Accra Street, the point of starting. (b) Kambalange Drive Shopping Centre: Stands Nos. 532, 533, 534, 535, 536, 537 and 538 Kambalange Drive.
NDOLA
(a) Ndola Central Area: (i) Starting at the intersection of the centre line of Broadway with the centre line of St. David's Road, the boundary follows the centre line of Broadway in an easterly direction to its intersection with the western boundary of the Railway Reserve; thence in a southerly and south-westerly direction along the western boundary of the Railway Reserve to its point of intersection with the production of the centre line of Moffat Road; thence in a south-westerly direction along the centre
line of Moffat Road and Chisokone Avenue to the intersection of the centre line of Chisokone Avenue with the centre line of St. George's Road; thence in a north-westerly direction along the centre line of St. George's Road to its point of intersection with the production of the centre line of the service lane in the rear of Stand No. 2953; thence in a north-easterly direction following the centre line of the service lane to the point of intersection of its centre line with the centre line of St. David's Road; thence in a north-westerly and northerly direction along the centre line of St. David's Road to its intersection with the centre line of Broadway, the point of starting. (ii) The premises numbered 162-230 in even numbers and 201-273 in odd numbers situated in President Avenue. (b) Kansenji Shopping Centre: Stands Nos. 1774 and 2136 Kansenji.
SECTION 82-PRESCRIBED FORMS Notice by the minister
Government Notices 41 of 1959 497 of 1964
The forms set forth in the Schedule are hereby prescribed for use in all cases to which they are respectively applicable for the purposes of the Act.
SCHEDULE
PRESCRIBED FORMS
FORM 1 (Front of Form)

THE LIQUOR LICENSING ACT (Section 20 (1) and (2)) APPLICATION FOR THE GRANT OR RENEWAL OF A LIQUOR LICENCE
To (licensing authority) ....................................................................................................................................... I, (full names) ....................................................................................................................................................... (address) .............................................................................................................................................................. hereby apply for the grant/renewal* of a ........................................................................................................... ........................................................................................ licence in respect of the premises situate at ..........................................................................................................................................................................
The person entitled, at the date of this application, to receive the rack-rent of the above premises is............................................................................................................................................................................ ............................................................................ of ............................................................................................. ..............................................................................................................................................................................
*This application is made by me in my capacity as an employee of (state name and address of company, firm etc.) ...................................................................................................................................................................... .............................................................................................................................................................................. ..............................................................................................................................................................................
*I wish this application to be treated as an application for the grant of a restricted licence of the type mentio
I hereby certify that I am not disqualified from being granted a licence under the provisions of section 19 of t Licensing Act.
The notices relating to this application required by section 20 (4) of the above mentioned Act were published i dated................................................................................................................................................................ and (insert name of newspaper) ...................................................................... dated the .................................................................... and ............................................................................................. Dated the ............................................ day of ....................................... 19......... .............................................................. (Signature of Applicant) NOTES.-(This form should, except for the signature thereto, be completed in block capitals.)
* Delete where inapplicable. Insert type of licence required. See the provisions of section 16 of the Act set out overleaf.
The provisions of section 19 are set out overleaf. If the applicant comes within any of the prohibitions men subsection (2) of that section, the consent of the Minister should accompany this application.
FORM 1 (Back of Form) 16. (1) Any person applying for a licence other than a wholesale liquor licence may, at his Restricted request and subject to the provisions of this Act, be granted a restricted licence which licences shall not authorise the sale of spirits but which shall otherwise have the effect of a licence of the type granted. (2) Notwithstanding the provisions of subsection (1), no restricted licence other than a restricted hotel liquor licence, a restricted private hotel liquor licence or a restricted passenger vessel licence shall be issued to any person who is not an employee of, or authorised by, a local authority unless the Minister has, by statutory notice, declared that the provisions of the said subsection have been applied to the area in which such premises are situate. 19. (1) No licence shall be granted to(a) any person who is under the age of twenty-one years; or (b) a sheriff's officer or any other officer entrusted with the execution of the legal process of any court; or (c) any person who has been convicted of forging a licence or of making use of a forged licence knowing it to have been forged; or (d) any person who has been convicted, whether under this Act or otherwise, of permitting to be kept, or keeping, as a brothel premises for which at the time of such conviction he held a licence; or (e) any person who has been disqualified by a court from holding a licence while such disqualification remains in force. (2) No licence shall, without the consent of the Minister, be granted or transferred to(a) any person who does not reside within the Republic; or (b) any person whose licence has been forfeited until after the expiration of five years after the date of such forfeiture; or (c) any person who has been convicted of an offence relating to the sale of intoxicating liquor without a licence until after the expiration of five years after the date of such conviction; or (d) any person who has at any time been sentenced to imprisonment for any period exceeding six months. (3) No licence shall be granted or renewed to a company, society, partnership or other association of persons: Provided that nothing in this subsection shall be deemed to prevent the grant or renewal of any licence to a person in the employ of such company, society, partnership or association, and if any such employee to whom any such licence was granted or renewed ceases to be employed in a position in which he is required to hold such licence, his employer may take such steps for the transfer of the licence to some other Restrictions upon grant of licences Cap. 162
employee, as a licensee may take under the provisions of this Act for the transfer of his licence to some other person. (4) No temporary licence shall be issued in respect of the premises of a club registered under the Clubs' Registration Act except for the purposes of a function to be held in the club in aid of charity or for the furtherance of sporting or cultural activities forming part of the objects of the club: Provided that, where the licensing authority is satisfied that there are no other suitable premises available, it may at its discretion issue a temporary licence in respect of any function to be held on the premises of such club.
FORM 2
THE LIQUOR LICENSING ACT (Section 20 (4) and (6)) NOTICE OF INTENTION TO APPLY FOR GRANT OR RENEWAL OF A LIQUOR LICENCE Notice is hereby given that (full names) of (address) intends to apply to the Provincial Licensing Board of the
Province for the grant/renewal* of a licence in respect of the premises situate at.
Notices and other documents may be served on the above named at the above/following address*
NOTES. - * Omit where inapplicable. Insert type of licence required.
FORM 3
(Front of Form)
THE LIQUOR LICENSING ACT (Section 31 (2)) APPLICATION FOR THE REMOVAL OF A LIQUOR LICENCE
To the Provincial Licensing Board, ................................................................................................................ Pr I, (full names) ....................................................................................................................................................... of (address) .......................................................................................................................................................... hereby apply for the removal of the* ................................................................................................................... licence, Licence Number .................................. at present in force in respect of the premises situate at .......................................................................................................................................................................... .............................................................................................................................................................................. from the said premises to the premises situate at................................................................................................. ..............................................................................................................................................................................
The person entitled, at the date of this application, to receive the rack-rent of the last-mentioned premises is............................................................................................................................................................................ of...........................................................................................................................................................................
This application is made by me in my capacity as an employee of (state name and address of company, firm etc.) ...................................................................................................................................................................... ..............................................................................................................................................................................
I hereby certify that I am not disqualified from being granted a licence under the provisions of section 19 of t Licensing Act.
The notices in relation to this application required by section 20 (4) of the above mentioned Act were publis Gazette dated .................................................... and in the (insert name of newspaper) .................................................................... dated the .......................................................... .and ........................................ Dated the ................................................ day of ....................................................19........ ............................................................... (Signature of Applicant)
NOTES. (This form should, except for the signature thereto, be completed in block capitals.) *State type of licence held. Delete if inapplicable. The provisions of section 19 are set out overleaf. If the applicant comes within any of the prohibitions subsection (2) of that section, the consent of the Minister should accompany this application.
FORM 3 (Back of Form) 19. (1) No licence shall be granted to(a) any person who is under the age of twenty-one years; or (b) a sheriff's officer or any other officer entrusted with the execution of the legal process of any court; or (c) any person who has been convicted of forging a licence or of making use of a forged licence knowing it to have been forged; or (d) any person who has been convicted, whether under this Act or otherwise, of permitting to be kept, or keeping, as a brothel premises for which at the time of such conviction he held a licence; or (e) any person who has been disqualified by a court from holding a licence while such disqualification remains in force. (2) No licence shall, without the consent of the Minister, be granted or transferred to(a) any person who does not reside within the Republic; or (b) any person whose licence has been forfeited until after the expiration of five years after the date of such forfeiture; or (c) any person who has been convicted of an offence relating to the sale of intoxicating liquor without a licence until after the expiration of five years after the date of such conviction; or (d) any person who has at any time been sentenced to imprisonment for any period exceeding six months. (3) No licence shall be granted or renewed to a company, society, partnership or other association of persons: Provided that nothing in this subsection shall be deemed to prevent the grant or renewal of any licence to a person in the employ of such company, society, partnership or association, and if any such employee to whom any such licence was granted or renewed ceases to be employed in a position in which he is required to hold such licence, his employer may take such steps for the transfer of the licence to some other employee, as a licensee may take under the provisions of this Act for the transfer of his licence to some other person. (4) No temporary licence shall be issued in respect of the premises of a club registered under the Clubs' Registration Act except for the purposes of a function to be held in the club in aid of charity or for the furtherance of sporting or cultural activities forming part of the objects of the club: Provided that, where the licensing authority is satisfied that there are no other suitable premises available, it may at its discretion issue a temporary licence in respect of any function to be held on the premises of such club. Restrictions upon grant of licences Cap. 162
FORM 4
THE LIQUOR LICENSING ACT (Sections 20 (4) and (6) and 31 (2)) NOTICE OF INTENTION TO APPLY FOR THE REMOVAL OF A LIQUOR LICENCE
Notice is hereby given that (full names)............................................................................................................... .............................................................................................................................................................................. of (address)........................................................................................................................................................... .............................................................................................................................................................................. intends to apply to the Provincial Licensing Board of the..................................................................................... Province for the removal of the .............................................................. licence at present in force in respect o premises situate at................................................................................................................................................. to the premises situate at ...................................................................................................................................... Notices and other documents may be served on the above named at the above/following address..................................................................................................................................................................
FORM 5
The Liquor Licensing Act (Section 32) Licence Register (Other than Temporary Licences) Licence No ..................................................... Type of Licence ................................................ Date of Grant ..........................................................................................
Full Names ofLicensee
Date of Transfer
Premises in respect of which Licence is held
Date of Removal
Owner(s) of Premises Name Address
Note.-The register shall be kept in loose-leaf form utilising one sheet for each licence (other than a temporary licence). If required the information recorded in respect of any one licence may be carried on to subsequent sheets inserted immediately after the main sheet, and each subsequent sheet shall be marked "Continuation" after the Licence No.
FORM 6
The Liquor Licensing Act (Section 32) Licence Register Licence No. Full Names of Licensee (Temporary Licences) Premises in respect of which Licence is held Name Owner of Premises Address
CHAPTER 168 THE TRADITIONAL BEER ACT ARRANGEMENT OF SECTIONS Section 1. 2. 3. 4. 5. 6. 6A. Short title Interpretation Restriction on sale of traditional beer Regulations as to sale, manufacture, etc., of traditional beer Inebriated person not to be supplied Repealed by Act No. 22 of 1972 Prohibition of kachasu
7. No licensed trader except under permit to supply any traditional beer 8. 9. 10. 11. 12. 13. Seizure of utensils Entry on premises Powers of arrest Liability of occupier Excessive quantity prima facie evidence Penalty
CHAPTER 168 TRADITIONAL BEER An Act to make provision for regulating the sale, manufacture and possession of traditional beer; and to provide for matters incidental thereto or connected therewith. [11th April, 1930]
11 of 1930 36 of 1933 48 of 1940 32 of 1941 30 of 1950 25 of 1953 7 of 1955 45 of 1958 47 of 1963 57 of 1964 25 of 1969 Government Notices
304 of 1964 497 of 1964 502 of 1964 Act No.22 of 1972 6 of 1974 13 of 1994
1.
This Act may be cited as the Traditional Beer Act.
Short title
(As amended by No. 25 of 1969) 2. In this Act, unless the context otherwise requires"Board" means a Board appointed under section four, and includes and shall be deemed always to have included any person so appointed as a Board; "local authority" means a municipal council, township council or board; "malt" includes any kind of grain or other vegetable product in process of fermentation; "traditional beer" means(a) the drink which is brewed from grain or other vegetable matter and is commonly known as local beer, Lusaka beer, bwalwa, mowa, lwalwa, bucwala, bukoko or chibuku; (b) honey beer; and Interpretation
(c) such other intoxicating liquor as the Minister may by statutory notice prescribe. (As amended by No. 30 of 1950, No. 45 of 1958 and No. 25 of 1969) 3. Save as in section four provided, the sale by any person of traditional beer is prohibited(a) in any area declared to be municipality or township under the Local Government Act; and Restriction on sale of traditional beer Cap. 281
(b) in any area defined by regulations made under paragraph (b) of section four. (No. 32 of 1941) 4. The Minister may by regulationsRegulations as to sale, manufacture, etc., of traditional beer.
(a) in respect of any area declared to be municipality or township under the Local Government Act-
(i) prohibit or restrict the making, possession, introduction or removal of traditional beer save as may be prescribed by such regulations; (ii) authorise the manufacture, possession and sale of traditional beer by the local authority of any municipality or township or by any person acting under the immediate supervision of the local authority; (b) in respect of any other area or portion of Zambia, to be defined in such regulations(i) appoint a Board for such area;
(ii) prohibit or restrict the making, possession, introduction or removal of traditional beer save as may be prescribed by such regulations; (iii) authorise the manufacture, possession and sale of traditional beer by the Board appointed for such area or by any person acting under the authority of such Board; (c) declare any area, other than the areas mentioned in paragraph (a) or defined by regulations made under paragraph (b), to be a guard area and in respect of such area prohibit, control or restrict the sale of traditional beer. (As amended by No. 48 of 1940, No. 32 of 1941, No. 25 of 1953, No. 45 of 1958, G.N. No. 304 of 1964 and No. 25 of 1969) 5. No person shall supply traditional beer to any person already inebriated from the effects of drinking. (As amended by No. 25 of 1969) Inebriated person not to be supplied
6.
Repealed by Act No. 22 of 1972.
Prohibition of kachasu
6A. It shall be unlawful for any person to prepare, use, possess, dispense, sell or expose for sale, the intoxicating liquor, by whatever name called, which is obtained through a process of distillation and is commonly known as kachipembe, kachasu, kapuli or lutuku. (No. 42 of 1974) 7. (1) No person carrying on the business of a licensed trader or selling or exposing for sale any article of food or drink shall, unless authorised under subsection (2), keep, supply or cause to be supplied any traditional beer either at the place where such business is carried on or in connection with any transaction having relation to the said business. (2) No person shall brew and supply traditional beer in the form of rations to persons in his employ unless he is in possession of a valid permit. (3) The Minister may, by statutory instrument, make regulations governing the issue of such permit and the conditions under which the same may be granted, suspended, refused or cancelled and also governing the conditions under which traditional beer may be supplied by employers to persons in their employ. (As amended by G.N. No. 304 of 1964 and No. 25 of 1969) 8. (1) Any beer or malt or the apparatus, utensils or materials for Seizure of utensils making the same found under circumstances which afford reasonable grounds for suspecting a contravention of this Act or of any regulations made thereunder may be seized and removed and if perishable may be sold and, on the conviction for such a contravention of the owner of the articles so seized or of the person in whose possession they were found, such articles or their proceeds may be confiscated by order of a magistrate. (2) If the owner of any articles so seized cannot be ascertained, they or their proceeds may be confiscated seven days after seizure unless sooner claimed. No licensed trader except under permit to supply any traditional beer
(As amended by No. 36 of 1933) 9. Any Administrative Officer or police officer of or above the rank of Entry on Sub-Inspector or, if authorised thereto by any of the foregoing, any premises member of the Zambia Police Force may enter upon any premises upon which there is reasonable ground for suspecting that there is traditional beer or malt or the apparatus, utensils or materials for making the same contrary to this Act or any regulations made thereunder. (As amended by No. 47 of 1963, G.N. No. 502 of 1964 and No. 25 of 1969) 10. Any person contravening this Act or any regulations made thereunder may be arrested without a warrant if the circumstances are such that immediate arrest appears necessary to prevent his escape. Powers of arrest
11. The occupier or person having charge of the premises upon which Liability of occupier a contravention of this Act or of any regulations made thereunder, together with any person who participated therein, shall be liable to be convicted of such contravention unless he can prove that such contravention took place without his knowledge. 12. In any proceeding against any person for contravening this Act or Excessive any regulations made thereunder, the fact of more traditional beer being quantity prima on the premises of such person than is reasonably required for the facie evidence person residing therein and his family or persons usually residing with him shall be deemed prima facie evidence of such a contravention. (As amended by No. 25 of 1969) 13. Any person contravening the provisions of this Act or of any Penalty regulations made thereunder shall be guilty of an offence and shall on conviction be liable to a fine not exceeding three hundred penalty units or, in default of payment, to imprisonment with or without hard labour for a period not exceeding three months and, on a second or subsequent conviction, to a fine not exceeding seven hundred and fifty penalty units or to imprisonment with or without hard labour for a period not exceeding six months. (As amended by Act No. 6 of 1974 and 13 of 1994)
TRADITIONAL BEER THE TRADITIONAL BEER REGULATIONS [ARRANGEMENT OF REGULATIONS]
Cap. 168
PART I GENERAL
Regulation 1. 2. 3. 4. 5. Title Interpretation Local authorities, Boards and permit authorities Prohibition on making, etc., of traditional beer Guard areas
PART II SALE OF TRADITIONAL BEER

6. 7. 8. 9. Application of Part II Interpretation for purposes of Part II Regulation of manufacture of beer sold by Board Conditions of sale
PART III PERMITS TO MANUFACTURE, ETC., TRADITIONAL BEER

10. 11. Application of Part III Interpretation for purposes of Part III
12.
Permits
PART IV TRADITIONAL BEER RATIONS

13. 14. 15. 16. 17. 18. Traditional beer ration permit Granting of permits Brewery premises Inspection of permit Conditions of supply Inspection of brewery premises
PART V MISCELLANEOUS
Regulation 19. 20. Contravention of regulations Cancellation of permits
FIRST SCHEDULE-Local authorities authorised to make, possess and sell traditional beer SECOND SCHEDULE-Boards authorised to make, possess and sell traditional beer THIRD SCHEDULE-Boards authorised to issue permits to make, possess or introduce traditional beer FOURTH SCHEDULE-Authorities authorised to issue permits to sell traditional beer in guard areas FIFTH SCHEDULE-Traditional beer ration permit SECTIONS 4 AND 7-THE TRADITIONAL BEER
Government
REGULATIONS Regulations by the Minister
Notices 195 of 1933 109 of 1934 78 of 1935 99 of 1936 122 of 1936 16 of 1938 102 of 1938 106 of 1939 118 of 1939 167 of 1939 224 of 1945 73 of 1947 110 of 1947 23 of 1949 46 of 1949 254 of 1949 30 of 1950 197 of 1950 200 of 1951 26 of 1952 74 of 1952 101 of 1952 223 of 1952 60 of 1953 234 of 1953 316 of 1953 18 of 1954 39 of 1954 85 of 1954 223 of 1954 324 of 1954 87 of 1955 191 of 1955 279 of 1955 95 of 1956 128 of 1956 258 of 1956 275 of 1956 251 of 1957 250 of 1958 342 of 1958 202 of 1960 213 of 1960 269 of 1960 105 of 1962 304 of 1964 502 of 1964 Statutory
Instruments 91 of 1965 286 of 1965
PART I GENERAL
1. These Regulations may be cited as the Traditional Beer Regulations. Title 2. In these Regulations, unless the context otherwise requires"area" means any one of the areas set out in the First, Second and Third Schedules; "guard area" means any one of the areas set out in the Fourth Schedule. (As amended by No. 224 of 1945) 3. (1) The local authorities set out in the third column of the First Schedule are hereby authorised to manufacture, be in possession of and sell traditional beer in accordance with these Regulations and to issue permits in accordance with Part III within the respective areas set out in the first column of and defined in the second column of the said Schedule. (2) The several persons set out in the third column of the Second Schedule are hereby appointed to be Boards for the respective areas set out in the first column of and defined in the second column of the said Schedule, and are hereby authorised to manufacture, be in possession of and sell traditional beer in accordance with these Regulations and to issue permits in accordance with Part III within the aforesaid areas. (3) The several persons set out in the third column of the Third Schedule are hereby appointed to be Boards for the respective areas set out in the first column of and defined in the second column of the said Schedule, and are hereby authorised to issue permits in accordance with Part III. (4) The several persons set out in the third column of the Fourth Local authorities, Boards and permit authorities Interpretation
Schedule are hereby appointed to be permit authorities for the respective areas set out in the first column of and defined in the second column of the said Schedule, and are hereby authorised to issue permits in guard areas. (5) Any Board or other authority authorised to issue permits may change such fees as may from time to time be approved by the Minister. (As amended by No. 224 of 1945, 60 of 1953 and 304 of 1964) Prohibition on (a) at any place within an area make, sell or be in possession of any making, etc., of traditional beer traditional beer; 4. Save as in Parts II, III and IV provided, no person shall(b) beer. introduce or cause to be introduced into an area any traditional
5. (1) The areas set out in the Fourth Schedule are hereby declared to be Guard areas guard areas. (2) No person shall sell traditional beer within a guard area unless he is in possession of a permit authorising him to sell traditional beer within such area. (3) Such permit shall specify the name of the person so authorised, and the permit authority may limit the quantity of traditional beer to be sold and may impose any other conditions in regard thereto as it may think fit. (4) Such limitation of quantity and such conditions shall be endorsed on the permit and any breach or non-observance thereof shall be deemed to be a contravention of these Regulations. (No. 224 of 1945)
PART II
SALE OF TRADITIONAL BEER

6. This Part shall apply only to the areas specified in the First and Second Schedules. 7. For the purposes of this PartApplication of Part II Interpretation for purposes of Part II
"Board" means, in respect of any area set out in the First Schedule, the local authority and, in respect of any area set out in the Second Schedule, a Board appointed under the provisions of sub-regulation (2) of regulation 3. 8. Where traditional beer may be sold by any Board, the manufacture, sale and distribution of such beer shall be under-taken under the authority of such Board only at such place or places and by such person or persons as may be authorised in writing by the Board, and such manufacture, sale and distribution shall be under the control of such person or persons, subject to the directions of the Board. (No. 60 of 1953) 9. (1) Traditional beer shallConditions of sale Regulation of manufacture of beer sold by Board
(a)
be sold for cash only and at a price to be fixed by the Board;
(b) not be sold except by or in the presence of the person in charge of the place where traditional beer is sold; (c) spent;
(d) not be supplied to anyone apparently under the age of sixteen years or to anyone already under the influence of liquor; (e) be consumed only in a place where traditional beer is sold and not be removed therefrom without the special permission of the Board.
(2) Spent. (As amended by No. 101 of 1952, 60 of 1953 and 85 of 1954)
PART III PERMITS TO MANUFACTURE, ETC., TRADITIONAL BEER

10. This Part shall apply to the areas specified in the First, Second and Application of Third Schedules. Part III (No. 60 of 1953) 11. For the purposes of this PartInterpretation for purposes of Part III
"Board" means the authority or any of the Boards set out in the third column of the Schedules to which this Part applies. (No. 60 of 1953) 12. (1) The Board or some person authorised by the Board may issue or Permits cause to be issued a permit authorising any person to make, be in possession of or introduce traditional beer within an area. (2) Such permit shall specify the name of the person so authorised, and the Board may limit the quantity of traditional beer to be made, possessed or introduced, and may impose any other conditions in regard thereto as it may think fit. (3) Such limitation of quantity and such conditions shall be endorsed on the permit and any breach or non-observance thereof shall be deemed to be contravention of these Regulations.
PART IV TRADITIONAL BEER RATIONS

13. No employer shall brew and supply traditional beer in the form of Traditional beer rations to persons in his employ unless he is in possession of a ration permit traditional beer ration permit (hereinafter in this Part called a "permit") in the form contained in the Fifth Schedule. 14. (1) Permits shall only be granted by a Resident Secretary, and the granting or refusal thereof shall be in his absolute discretion. (2) An application for a permit shall be made by the employer to an Administrative Officer stationed in the District in which the employees are working and shall be forwarded by the Administrative Officer with his recommendation to the Permanent Secretary of the Province within which such District is situate. (3) Every permit shall expire on the 31st December next following the day of issue. (4) No fee shall be charged for the issue of a permit. (5) The Permanent Secretary may, if he thinks fit, without assigning any reason, revoke a permit at any time. (As amended by No. 502 of 1964) 15. Every employer to whom a permit has been issued shall set aside and designate a separate building or separate buildings for the purpose of the brewing and supplying of traditional beer, and such building or buildings shall be enclosed with a fence. The area so enclosed shall be known as the brewery premises. Brewery premises Granting of permits
16. Every employer to whom a permit has been issued shall keep such Inspection of permit on the brewery premises, and such permit shall be produced on permit
demand for inspection by any Administrative Officer or police officer of or above the rank of Sub-Inspector. (As amended by No. 502 of 1964 and No. 91 of 1965) 17. (1) Traditional beer brewed and supplied as rations shall be consumed on the brewery premises and supplied only to employees of the holder of a permit. (2) No traditional beer shall be supplied to any employee apparently under the age of sixteen years. (3) Traditional beer supplied as rations shall be supplied free of charge, and no deduction from wages shall be made in respect of such supply. (4) No employee shall be supplied with a traditional beer ration exceeding 1 litre a week. (5) The date of supply of traditional beer ration shall be marked on the employee's ticket. (6) The brewing and supply of traditional beer shall be under the personal supervision of a duly authorised person. (7) The brewery premises and all utensils and receptacles used for the brewing and supply of traditional beer shall be kept in a clean and sanitary condition. 18. Every employer to whom a permit has been issued shall at all times Inspection of allow any Administrative Officer, police officer of or above the rank of brewery Sub Inspector, Medical Officer or Sanitary Inspector full access to all premises parts of the brewery premises for the purpose of inspection. (As amended by No. 502 of 1964 and No. 91 of 1965) Conditions of supply
PART V
MISCELLANEOUS
19. The omission to do any act, matter or thing required to be done under and in accordance with the provisions hereof shall be deemed to be a contravention of these Regulations. Contravention of regulations
20. Any person contravening any of these Regulations shall be liable, Cancellation or permits on conviction, in addition to any other penalties, to have any permit issued to him cancelled.
FIRST SCHEDULE
(Regulations 2, 3, 6, 7, 10 and 11)
LOCAL AUTHORITIES AUTHORISED TO MAKE, POSSESS AND SELL TRADITIONAL BEER

Area Definition of Area Local Authority
Chipata Beer Area. . All that portion of the Chipata District Chipata Township Council contained within the limits of the Chipata Township Area
SECOND SCHEDULE
(Regulations 2, 3, 6, 7, 10 and 11)
BOARDS AUTHORISED TO MAKE, POSSESS AND SELL TRADITIONAL BEER

Area Definition of Area .. .. .. .. Board
Butondo Beer Area. .Butondo Township Butondo Township Management Board Chambishi Beer Area .. ..
. .Chambishi Township .. . .Chambishi Townshi Council
Chililabombwe Beer Chililabombwe Township and the Bancroft Chililabombwe Township Area Township Council Chingola Beer Area . . Municipal Area and the Nchanga Council of Township Area Chisamba Beer Area . . *Chisamba District Secretary, Kabwe District, or his representative Choma Beer Area. . Choma Township and unalienated State Choma Township Council Land contiguous thereto Feira Beer Area . . *Feira Secretary, Feira, or representative Fisenge Beer Area. . Fisenge Township Fisenge Township Council .. .. .. .. .. .. .. . . District his .. .. Chingola Municipal Chingola .. .. Rural
Heatherwood Farm Farm No. 1639, Choma District . . . . . . F. E. Jones Beer Area
Kabwe Beer Area. . All that portion of the Kabwe Urban Municipal Council of District lying within a radius of 9.6 Kabwe kilometres of the Kabwe Post Office, excluding the Broken Hill Mine Farms Beer Area and the Mukobeko Guard Area Kafue Beer Area . . All that portion of the Lusaka District lying Kafue Township Council within a radius of 4.8 kilometres of the Kafue Post Office Kalulushi Beer Area . .Kalulushi Township. . Kalulushi Township Kansanshi Beer Area alienated portion of the Solwezi District Township being Farm No. 724 Management Board .. .. .. Council .. The Kansanshi
Kansuswa Beer Area . .Kansuswa Township . . .. . . . .Kansuswa Township Council Kapiri Mposhi Beer . . *Kapiri Mposhi District Secretary, Kabwe District, or his representative Kariba Beer Area. . All that portion of State Land situate at District Secretary, Gwembe Kariba, within the Gwembe District or his representative Kasama Beer Area. . Kasama Township Kasama Township Council .. .. .. .. .. .. .. Council *A description of the areas of these former townships is contained in the Declaration of Townships made under section 3 of the Townships Act, Chapter 120 of the 1963 Edition of the Laws. Area Definition of Area Board Kitwe Beer Area . . Starting at the confluence of the Mwambashi .. .. .. .. Rural
Kasompe Beer Area . .Kasompe Township . . Kasompe Township
City Council of Kitwe Stream with the Kafue River, down the Kafue River to its confluence with the Chibuluma Stream to a point where it intersects the boundary of Nkana C2 area; thence to the corner of the area at Beacon Ru83; thence in a north-easterly direction along the boundary of Nkana areas C2, C3 and Nkana North Land and Mineral Area to Beacon No. L506 on the Mufulira-Roan Antelope Mine Power Line; thence along the power line in a northerly direction to the point where it crosses the Mwambashi Stream; thence down the Mwambashi Stream to the point of starting. Livingstone Beer Area Livingstone Municipal Area . . . . . .Municipal Council of Livingstone Luanshya Beer Area . .Luanshya Municipal Area and Roan Municipal Council of Antelope Mine Township Area Luanshya Lusaka Beer Area. . That part of the Lusaka District described in City Council of Lusaka Proclamation No. 2 of 1950 as Lusaka Urban District Mansa Beer Area Mansa Township Mansa Township Council Mazabuka Beer Area All that portion of the Mazabuka District Mazabuka Township lying within a radius of 8 kilometres of the Council Government Offices at Mazabuka Mbala Beer Area . . Mbala Township. . Township Council Mkushi Beer Area. . *Mkushi Secretary, Mkushi, representative Monze Beer Area. . All that portion of the Mazabuka District Monze Township Council lying within a radius of five miles of the Monze Railway Station .. .. .. .. .. . . Mbala . . District or his
Mpatamatu Beer Area Mpatamatu Township. . . . . .Mpatamatu Township Management Board Mufulira Beer Area Mufulira Municipal Area and Mufulira Municipal Council of Township Area Mufulira Mumbwa Beer Area . . District Secretary, his representative Ndola Beer Area . . Ndola Municipal Area and that portion of City Council of Ndola the Ndola Urban District known as the Manners Township together with the area enclosed by the existing municipal boundary and a straight line joining the beacons lettered V509 and V608, all of which Beer Area is shown on Plan No. 25A deposited with the Surveyor-General Norwood Farm Beer Subdivision A of Farm No. 634 Norwood, District Secretary, Kabwe Area Kabwe Rural District Rural District, or his representative Pemba Beer Area. . Pemba Township. . Township Council Serenje Beer Area. . *Serenje Secretary, Serenje, representative Shiwa Ngandu Beer Shiwa Ngandu Canteen and an area of one Major J. P. Harvey, or his Area acre surrounding it representative Twapia Beer Area. . Twapia Township Twapia Township Council .. .. .. .. .. .. .. .. .. . . Pemba . . District or his *Mumbwa .. .. .. ..
..
Mumbwa, or
*A description of the areas of these former townships is contained in the Declaration of Townships made under section 3 of the Townships Act,
Chapter 120 of the 1963 Edition of the Laws.
THIRD SCHEDULE
(Regulations 2, 3 and 10)
BOARDS AUTHORISED TO ISSUE PERMITS TO MAKE, POSSESS OR INTRODUCE TRADITIONAL BEER

Area Broken Hill Mine Farms Beer Area District, or his Definition of Area Board
All that portion, lying within and contiguous District Secretary, Kabwe to the eastern boundary of the Zambia Urban Borken Hill Mineral Area, known as the representative Katondo Eastern Farms, numbering 444 five-acre plots in all; and all that portion, lying within and contiguous to the northern and western boundaries of the Zambia Broken Hill Mineral Area, known as the Makalulu Western Farms, numbering 489 five-acre plots in all. The areas described above are shown bordered red upon a Plan No. 2/17/19 deposited with the SurveyorGeneral and the District Secretary, Kabwe Urban District
Bwana Mkubwa Beer All that portion of the Ndola Urban District District Secretary, Ndola Area lying within a radius of 4.8 kilometres of Urban District, or his the Railway Station at Bwana Mkubwa representative Chililabombwe District Chililabombwe District, but excluding Secretary, Beer Area the Chililabombwe Beer Area Chililabombwe, or his representative Chingola District Beer Chingola District, but excluding the The District The District
Secretary, Area or his
Chingola Beer Area and the Kasompe Chingola, Beer Area representative
Chinsali Beer Area. . Chinsali Chinsali, representative Chirundu Beer Area . . District Secretary, .. ..
* .. . .District Secretary, or his *Chirundu .. .. .. .. Gwembe, or his
representative Garneton Beer Area . .Garneton Township . . Garneton Township Gwembe Beer Area . . District Secretary, *Gwembe .. .. .. .. Council .. .. .. Gwembe, or his representative Isoka Beer Area . . *Isoka Secretary, Isoka, or representative Kabompo Beer Area . . District Secretary, or his representative Kalomo Beer Area. . Kalomo Township Kalomo Township Council Kalulushi District Beer Kalulushi District, but excluding the Secretary, Area Kalulushi Beer Area his representative .. .. .. .. The District Kalulushi, or *Kabompo .. .. .. .. Kabompo, .. .. .. . District his
Kasempa Beer Area . . District Secretary, his representative
*Kasempa
..
..
.. .. Kasempa, or
Kawambwa Beer Area . .*Kawambwa . . District Secretary, or his representative
.. ..
..
Kawambwa,
Kitwe District Beer The Kitwe District, but excluding the Kitwe District Secretary, Kitwe, Area Beer Area or his representative Luanshya District Beer The Luanshya District, but excluding the District Secretary, Area Luanshya Beer Area, the Mpatamatu Beer Luanshya, or his Area and the Fisenge Beer Area representative Lundazi Beer Area. . *Lundazi Secretary, Lundazi, representative *A description of the areas of these former townships is contained in the Declaration of Townships made under section 3 of the Townships Act, Chapter 120 of the 1963 Edition of the Laws. Area Definition of Area Board Farm No. District or his Lunsemfwa Beer Area 1483 "Lunsemfwa Falls Power Secretary, Mkushi, Area" representative .. .. .. . . District or his
Lunzuwa Beer Area All that portion of the Mbala District lying Senior Agricultural Officer, within a radius of 4.8 kilometres of the Lunzuwa, or his Office of the Lunzuwa Agricultural Station representative
Luwingu Beer Area . . District Secretary, his representative
*Luwingu
..
..
.. .. Luwingu, or
Mansa District Beer All that portion of the Mansa District lying District Secretary, Mansa, Area within a radius of 4 kilometres of the or his representative Government Offices at Mansa, but excluding the Mansa Beer Area Mita Hills Beer Area . . Hills Dam Area alienated to the Zambia District Secretary, Mkushi, Broken Hill Development or his representative Company Mpika Aerodrome Beer That portion of the Mpika District lying District Secretary, Mpika Area within a radius of 1.6 kilometres of the or his representative Crested Crane Hotel Mpika Beer Area . . That portion of the Mpika District lying District Secretary, Mpika, within a radius of 1.6 kilometres of the or his representative Government Offices at Mpika Mporokoso Beer Area . .*Mporokoso . . District Secretary, or his reprsentative Mtuga Mine Beer Area . .Mtuga Mine (Farm 636m) . . . . . .District Secretary, Mkushi, or his representative Mufulira District Beer The Mufulira District, but excluding the District Secretary, Area Mufulira Beer Area, the Butondo Beer Mufulira or his Area and the Kansuswa Beer Area .. .. ..
Mporokoso,
representative Mulungushi Beer Area 837 "Mulungushi Dam Area" Secretary, Mkushi, representative Mwinilunga Beer Area . .*Mwinilunga . . District Secretary, or his reprsentative Namwala Beer Area . . District Secretary, his representative Ndola Urban District Urban District, but excluding Secretary, Ndola Beer Area other declared Beer Areas District, or his representative Ngoma Tourist Camp All that portion of the Namwala District District Secretary, Beer Area lying within 1.6 kilometres of the main gate Namwala, or his of the Government Tourist Camp at Ngoma representative Petauke Beer Area. . *Petauke Secretary, Petauke, representative Solwezi Beer Area. . *Solwezi Secretary, Solwezi, representative Zambezi Beer Area . . District Secretary, his *Zambezi .. .. .. .. Zambezi, or .. .. .. . . District or his .. .. .. . . District or his The Ndola District Urban *Namwala .. .. .. .. Namwala, or .. .. .. Farm No. District or his
Mwinilunga,
representative Zimba Beer Area All that portion of the Kalomo District District Secretary, Kalomo, lying within a radius of 3.2 kilometres of or his representative Zimba Railway Station *A description of the areas of these former townships is contained in the Declaration of Townships made under section 3 of the Townships Act, Chapter 120 of the 1963 Edition of the Laws.
FOURTH SCHEDULE
(Regulations 2, 3 and 5)
AUTHORITIES AUTHORISED TO ISSUE PERMITS TO SELL TRADITIONAL BEER IN GUARD AREAS

Area Definition of Area Authority
Chassa Mission Guard All that portion of the Petauke District District Secretary, Petauke, Area lying within a radius of 8 kilometres of the or person authorised in Church at Chassa Mission writing by him Chavuma Guard Area All that portion of the Zambezi District District Secretary, lying within a radius of 8 kilometres of the Zambezi, or person water tower at Chavuma Mission authorised in writing by him Chingombe Mission All that portion of the Mkushi District District Secretary, Mkushi, Guard Area lying within a radius of 8 kilometres of the or person authorised in Church at Chingombe Mission writing by him Chinsali Guard Area . .All that portion of the Chinsali District District Secretary, Chinsali, lying within a radius of 8 kilometres of the or person authorised in Government Offices at Chinsali, but writing by him excluding the Chinsali Beer Area Chipata Guard Area . .The Chipata District, but excluding District Secretary, Chipata, declared Beer and Farms Areas person authorised in him
or writing by
Chitambo Mission All that portion of the Serenje District District Secretary, Serenje, Guard Area lying within a radius of 8 kilometres of or person authorised in the Church at Chitambo Mission writing by him Chitokoloki Mission All that portion of the Zambezi District District Secretary, Guard Area lying within a radius of 8 kilometres of the Zambezi, or person Meeting House at Chitokoloki Mission authorised in writing by him Choma Guard Area . .The Choma District, but excluding District Secretary, Choma, declared Beer Areas and the Choma or person authorised in Farms Area writing by him Fiwila Mission Guard All that portion of the Mkushi District District Secretary, Mkushi, Area lying within a radius of 8 kilometres of the or person authorised in Church at Fiwila Mission writing by him Gwembe Guard Area . .The Gwembe District, but excluding District Secretary, declared Beer Areas Gwembe, or person authorised in writing by him Hofmeyr Mission All that portion of the Petauke District District Secretary, Petauke, Guard Area lying within a radius of 8 kilometres of the or person authorised in Church at Hofmeyr Mission writing by him Isoka Guard Area. . All that portion of the Isoka District lying District Secretary, Isoka, within a radius of 8 kilometres of the or person authorised in
Government Offices at Isoka, but excluding writing by him the Isoka Beer Area Kabompo Guard Area All that portion of the Kabompo District District Secretary, lying within a radius of 8 kilometres of the Kabompo, or person Government Offices at Kabompo, but authorised in writing by excluding the Kabompo Beer Area him Kabulamema Mission All that portion of the Kabompo District District Secretary, Guard Area lying within a radius of 8 kilometres of the Kabompo, or person Meeting House at Kabulamema Mission authorised in writing by him Kabwe Guard Area. .The Kabwe Rural District, but excluding District Secretary, Kabwe the Chisamba Beer Area and the Norwood Rural District, or person Farm Beer Area, the Chisamba Farms Area authorised in writing by and the areas of Chiefs Mukubwe, Ngabwe, him Chitanda and the Muchinda area of Chief Chamuka Kalene Mission Guard All that portion of the Mwinilunga District District Secretary, Area lying within a radius of 8 kilometres of the Mwinilunga, or person Meeting House at Kalene Mission authorised in writing by him Kalomo Guard Area . .The Kalomo District, but excluding District Secretary, Kalomo, declared Beer Areas or person authorised in writing by him Kalwa Farm Guard All that portion of the Serenje District District
Secretary, Serenje, Area lying in the area known as Kalwa Farm person authorised in and shown on Plan No. 611 deposited with writing by him the Surveyor-General Kamapanda Mission All that portion of the Mwinilunga District District Secretary, Guard Area lying within a radius of 8 kilometres of the Mwinilunga, or person Meeting House at Kamapanda Mission authorised in writing by him Kasama Guard Area . .All that portion of the Kasama District District Secretary, Kasama, lying within a radius of 12.8 kilometres of or person authorised in the Government Offices at Kasama, but writing by him excluding the Kasama Beer Area
or
Kasempa Guard Area . .All that portion of the Kasempa District District Secretary, lying within a radius of 8 kilometres of the Kasempa, or person Government Offices at Kasempa, but authorised in writing by excluding the Kasempa Beer Area him Kawambwa Guard All that portion of the Kawambwa District District Secretary, Area lying within a radius of 8 kilometres of the Kawambwa, or person Government Offices at Kawambwa, but authorised in writing by excluding the Kawambwa Beer Area him Livingstone Guard The Livingstone District, but excluding District Secretary, Area declared Beer Areas Livingstone, or person authorised in writing by him Lumezi Mission Guard portion of the Lundazi District Secretary, Lundazi, All that District
Area lying within a radius of 8 kilometres of the or person authorised in Church at Lumezi Mission writing by him Lundazi Guard Area . .All that portion of the Lundazi District District Secretary, Lundazi, lying within a radius of 8 kilometres of the or person authorised in Government Offices at Lundazi, but writing by him excluding the Lundazi Beer Area Lusaka Guard Area . .The Lusaka District, but excluding declared District Secretary, Lusaka, Beer Areas or person authorised in writing by him Luwingu Guard Area All that portion of the Luwingu District District Secretary, lying within a radius of 8 kilometres of the Luwingu, or person Government Offices at Luwingu, but authorised in writing by excluding the Luwingu Beer Area him Mansa Guard Area. . All that portion of the Mansa District lying District Secretary, Mansa, within a radius of 12.8 kilometres of person authorised in the Government Offices at Mansa, but writing by him excluding the Mansa Beer Area Mazabuka Guard Area Mazabuka District, but excluding Secretary, declared Beer and Farms Areas or person writing by him Mbala Guard Area. . All that portion of the Mbala District District Secretary, Mbala, lying within a radius of 12.8 kilometres of or person authorised in The District Mazabuka, authorised in
or
the Government Offices at Mbala, but writing by him excluding the Mbala Beer Area Mbesuma Guard Area All that alienated portion of the Chinsali District Secretary, Chinsali, District known as the Mbesuma Estate and or person authorised in shown on general plan No. 140A deposited writing by him with the Surveyor-General Merwe Mission Guard All that portion of the Petauke District District Secretary, Petauke, Area lying within a radius of 8 kilometres of the or person authorised in Church at Merwe Mission writing by him Minga Mission Guard All that portion of the Petauke District District Secretary, Petauke, Area lying within a radius of 8 kilometres of the or person authorised in Church at Minga Mission writing by him Mkushi Guard Area . .All that portion of the Mkushi District District Secretary,.Mkushi, lying within a radius of 8 kilometres of the or person authorised in Government Offices at Mkushi, but writing by him excluding the Mkushi Beer Area Mpika Guard Area. . All that portion of the Mpika District District Secretary, Mpika, lying within a radius of 8 kilometres of or person authorised in the Government Offices at Mpika, but writing by him excluding the Mpika Beer Area and the Mpika Aerodrome Beer Area Mporokoso Guard Area All that portion of the Mporokoso District District Secretary, Mporolying within a radius of 8 kilometres of the
koso, or person authoGovernment Offices at Mporokoso, but rised in writing by him excluding the Mporokoso Beer Area Mujimbezhi Mission All that portion of the Mwinilunga District District Secretary, MwiniGuard Area lying within a radius of 8 kilometres of the lunga, or person authoMeeting House at Mujimbezhi Mission rised in writing by him Mukinge Mission Guard All that portion of the Kasempa District District Secretary, Area lying within a radius of 8 kilometres of the Kasempa, or person Meeting House at Mukinge Mission authorised in writing by him Mukobeko Guard Area This area is a rectangle in extent 1,596 Mukobeko Township acres. Starting at Beacon No. BH.1, the Council north-west corner beacon of Farm No. 386A, Kabwe Block West, the boundary proceeds in an easterly direction along the northern boundary of Farm No. 386A, Kabwe Block West, for a distance of 4815.84 metres; thence at right angles in a northerly direction for a distance of 1341.12 metres; thence at right angles in a westerly direction for a distance of 4815.84 metres; thence at right angles in a southerly direction for a distance of 1341.12 metres to the point of starting Mumbwa Guard Area . .All that portion of the Mumbwa District District Secretary, lying within a radius of 8 kilometres of the Mumbwa, or person Government Offices at Mumbwa, but authorised in writing by excluding the Mumbwa Beer Area him Musofu Mission Guard All that
portion of the Mkushi District District Secretary, Mkushi, Area lying within a radius of 8 kilometres of the or person authorised in Church at Musofu Mission writing by him Mutanda Bridge All that portion of the Solwezi District District Secretary, Solwezi, Mission Guard Area lying within a radius of 8 kilometres of the or person authorised in Meeting House at Mutanda Bridge Mission writing by him Mwinilunga Guard All that portion of the Mwinilunga District Secretary, Area District lying within a radius of 8 kilometres Mwinilunga,or person of the Government Offices at Mwinilunga, authorised in writing by but excluding the Mwinilunga Beer Area him Mwinilunga Farms All those alienated portions of the District Secretary, Guard Area Mwinilunga District being Farms numbered Mwinilunga, or person 1045 Hillwoord, 1055 Matonchi, 1125 authorised in writing by Caenby, 1126 Caenby Extension, 1053 him Lunga and 1046 Kalene Hill School Namwala Guard Area . .All that portion of the Namwala District District Secretary, lying within a radius of 8 kilometres of the Namwala,or person Government Offices at Namwala, but authorised in writing by excluding the Namwala Beer Area him Ndola Rural District The Ndola Rural District, excluding the District Secretary, Ndola Guard Area areas of Chiefs Lesa, Ndubeni, Machiya, Rural District, or person Mwinuna and Fungulwe authorised in writing by him Ngoma Tourist Camp portion of the Namwala District Secretary, All that District
Guard Area
lying within a radius of 8 kilometres of the Namwala, or person main gate of the Government Tourist authorised Camp at Ngoma, but excluding the him Ngoma Tourist Camp Beer Area
in writing by
Nyanje Mission Guard All that portion of the Petauke District District Secretary, Petauke, Area lying within a radius of 8 kilometres of the or person authorised in Church at Nyanje Mission writing by him Petauke Guard Area . .All that portion of the Petauke District District Secretary, Petauke, lying within a radius of 8 kilometres of the or person authorised in Government Offices at Petauke, but writing by him excluding the Petauke Beer Area Petauke Farms Guard All those alienated portions of the District Secretary, Petauke, Area Petauke District shown on general plans or person authorised in numbered D218, D79, D120 and writing by him deposited with the Surveyor-General Roads Guard Area. . All those portions of the Copperbelt, District Secretaries, or North-Western, Central, Southern, persons authorised in Northern, Luapula and Eastern Provinces, writing by them, in respect within three miles of any Main or District of their several Districts Road, but excluding any portions of declared Beer Areas or other Guard Areas Sala Guard Area . . All that portion of the Mumbwa District District Secretary, lying within the Sala Reserve No. XVIII Mumbwa, or person authorised in writing by
him Serenje Guard Area . .All that portion of the Serenje District District Secretary, Serenje, lying within a radius of 8 kilometres of the or person authorised in Government Offices at Serenje, but writing by him excluding the Serenje Beer Area Shagele Guard Area . .All that portion of the Mumbwa District District Secretary, lying within a radius of 8 kilometres of the Mumbwa, or person Mwembeshi River and within the area of authorised in writing by Chief Shagelehim Shiwa Ngandu Guard All that alienated portion of the Chinsali District Secretary, Chinsali, Area District known as the Shiwa Ngandu Estate or person authorised in and shown on general plan No. 126A writing by him deposited with the Surveyor-General, but excluding the Shiwa Ngandu Canteen, and an area of one acre surrounding such Canteen Solwezi Guard Area . .All that portion of the Solwezi District District Secretary, Solwezi, lying within a radius of 8 kilometres of the or person authorised in Government Offices at Solwezi writing by him Solwezi Farm Guard All those alienated portions of the Solwezi District Secretary, Solwezi, Area District comprising Farms No. 1101 or person authorised in Katandana and No. 2945 Chifubwa writing by him Zambezi Guard Area . .All that portion of the Zambezi District District Secretary, lying within a radius of 8 kilometres of Zambezi, or person the Government Offices at Zambezi, authorised in writing by
but excluding the Zambezi Beer Area him
FIFTH SCHEDULE
(Regulation 13)
TRADITIONAL BEER RATION PERMIT

Permission is hereby granted to.......................................to brew and supply traditional beer in the form of rations to the persons in his employ at............................................ This permit expires on the 31st December, 19....... Date................................ Permnent Secretary
SECTION 4-THE TRADITIONAL BEER (FARMS) REGULATIONS Regulations by the Minister
Government Notices 115 of 1950 196 of 1950 307 of 1951 19 of 1954 325 of 1954 257 of 1956 106 of 1962 Statutory Instrument 91 of 1965
1. These Regulations may be cited as the Traditional Beer (Farms) Regulations. 2. In these Regulations, unless the context otherwise requires"Board" means any person or body of persons described in the third column of the Schedule; "scheduled area" means any area described in the Schedule. 3. The making and the possession of traditional beer in the scheduled areas is prohibited except as hereinafter provided.
Title
Interpretation
Prohibition of making and possessing traditional beer Authority to issue permits
4. Any Board may in its discretion authorise in writing any employer of persons in the scheduled area for which it is appointed to issue a permit to any person in his employ to make and/or possess traditional beer, and may in like manner restrict the quantity of traditional beer which may be made and/or possessed in accordance with any such permit: Provided that no employer shall issue a permit to authorise the making and/or possession of traditional beer during any period exceeding an amount equal to 6.75 litres of traditional beer per head of the persons in his employ.
5. Every such permit shall be in such form as the Board authorising its Form and issue may prescribe and, whether issued or not, shall be open to inspection of inspection at any time by an Administrative Officer or police officer of permits or above the rank of Sub-Inspector. (As amended by No. 91 of 1965) 6. A Board may in its discretion revoke any authority to issue permits Revocation of issued under regulation 4 by giving written notice of such revocation to authority to the person authorised to issue such permits. issue permits 7. Any person who issues a permit to make and/or possess traditional Offence to issue beer without being duly authorised in that behalf, or who issues a permit permit without for the making and/or possession of traditional beer in excess of the authority quantity permitted by or under these Regulations shall be guilty of an offence under the Act. 8. Any person who makes or is in possession of traditional beer contrary to the provisions of these Regulations shall be guilty of an offence under the Act and may be arrested without warrant by any police officer, district messenger or person authorised under regulation 4 to issue permits. Offence to make or be in possession of traditional beer without permit
SCHEDULE
(Regulation 2)
SCHEDULED AREAS
Area Extent of Area Board
Chipata Farms Area . . All that area within the Chipata District District Secretary, Chipata which is not included in Reserves, Trust Land or the Chipata Beer Area Chisamba Farms Area Starting at Beacon ID68, the north eastern District Secretary, Kabwe corner of Farm No. 2563, the boundary Rural District of this area proceeds eastwards along the Katungwe Dambo to the headwaters of the Mwomboshi River; thence eastwards along the Mwomboshi River to the point where the Mwomboshi River intersects the western boundary of Farm No. 1029 near Beacon T240; thence northwards along the western boundary of Farm No. 1029 to Beacon T232; thence eastwards along the northern boundaries of Farms No. 1029 and 1030 to Beacon T236, the north-eastern corner of Farm No. 1030, to the point where this boundary meets the Mwomboshi River; thence eastwards along the Mwomboshi River to the boundary of the Luano-Lala Reserve No. XIV; thence southwards and eastwards along this boundary to the point at which it meets the boundary of Trust Land No. V; thence in a southerly direction following this latter boundary to the point at which it meets the Kabwe Rural/Lusaka District boundary; thence westwards along that boundary to the railway line; thence southwards following the western side of the railway line to Beacon Y431 on the
north-eastern corner of Farm No. 1148; thence westwards along the northern boundary of Farms Nos. 1148 and 1149 to Beacon Y431 on the north-western corner of Farm No. 1149; thence in a northwesterly direction following the boundary of the Lenje Reserve No. XV and continuing along that boundary to Beacon C884, the north-western beacon of Farm No. 2161; thence in an easterly direction following the northern boundaries of Farms Nos. 2161, 2157 and 2563 to Beacon ID68, the point of starting. Included within the boundaries thus defined but excluded from the area are the Chisamba Beer Area and the Norwood Farm Beer Area Choma Farms Area . . All State Land in the Choma District Ditrict Secretary, Choma excluding the Choma, Pemba and Heatherwood Farm Beer Areas and Area IV known as the Kasiya Block administered by Chief Siamaundu Kabwe Farms Area. . The Kabwe Urban District excluding the District Secretary, Kabwe Kabwe Beer Area and the Mukobeko Urban District Guard Area Kalomo Farms Area . . All that area within the Kalomo District District Secretary, Kalomo which is not included in Reserves, Trust Land or the Kalomo or Zimba Beer Areas Kitwe Farms Area. . Starting at the confluence of the District Secretary, Kitwe Musenga and Mwambashi Streams, the boundary follows in a straight line south-eastwards to Beacon R.U.183 (western beacon of the Nkana Special Grant Area C.2); thence north-eastwards through Beacons Z.626, N.365 to N.366 (north-east corner beacon of Farm No. 840 Nkana North Land and Mineral Area);
thence north-eastwards to Beacon L.506 of the Mufulira-Roan Antelope Power Line strip; thence south-east along the eastern edge of the Power Line strip to Beacon L.508 on the north-western boundary of Farm No. 841, Kitwe; thence northeastwards in a straight line along the north-western boundary of this farm hrough Beacon V.R.54 to the inner edge of the Kafue River; thence down the inner edge of the Kafue River to its confluence with the Baluba River; thence it follows the Kitwe District boundary eastwards, northwards and westwards to the point of starting Livingstone Farms The Livingstone District but excluding District Secretary, Area the Livingstone Beer Area Livingstone Lusaka Farms Area . . Secretary, Lusaka The Lusaka District, excluding- District (a) Reserves; (b) Trust Land; (c) declared Beer Areas Mazabuka Farms Area The Mazabuka Road Board Area established District Secretary, under the Roads and Vehicles Act, Chapter Mazabuka 174 of the 1960 Edition of the Laws, excluding(a) Reserves; (b) Trust Land; (c) the Mazabuka Beer Area as defined in the Second Schedule to the Traditional Beer Regulations; and (d) the area occupied by the Government Veterinary Research Station Mkushi Farms Area . . The Mkushi State Lands Block together District Secretary, Mkushi with Farms 595, 596, 922, 923, 101a, 102a, and that portion of land alienated to the Mkushi River Trading Company
Ndola Farms Area. . The Ndola Urban District, excluding the District Secretary, Ndola Ndola Municipal Area, the Twapia Urban District Township Area, and the area of Farm Njo
CHAPTER 169 THE RADIO COMMUNICATIONS ACT

PART I PRELIMINARY Section 1. 2. 3. Short title Interpretation Application
PART II FUNCTIONS OF COMMUNICATIONS AUTHORITY 4. 5. General supervision and control of radiocommunications Approval of sites, allocations of frequencies, etc.
PART III LICENCES AND CERTIFICATES 6. 7. 8. 9. 10. 11. 12. 13. Licences Conditions of licences Duration of licences Licences not transferable Certificate of competency to operate amateur radio station Unauthorised activities Suspension or revocation of licence or certificate Appeal
PART IV MISCELLANEOUS 14. Notice to be given of certain works
15. 16. 17. 18. 19. Section 20. 21.
Unauthorised disclosure of messages Obstruction of radio transmissions Powers of inspection Miscellaneous offences Forfeiture of equipment Regulations Repeal and savings
SCHEDULE-Classification of Radio Stations

CHAPTER 169
RADIO COMMUNICATIONS An Act to regulate the provision of radiocommunication services; to provide for the functions of the Communications Authority in connection with radiocommunications; to repeal the Radiocommunications Act; and to provide for matters connected with or incidental to the foregoing. [3rd June, 1994 PART I PRELIMINARY 1. This Act may be cited as the Radiocommunications Act.
Act No. 25 of 1994 13 of 1994
2. In this Act, unless the context otherwise requires"aircraft station" has the meaning ascribed to it in the Schedule to this Act; "amateur radio station" has the meaning ascribed to it in the Schedule to this Act;
"Authority" means the Communications Authority established under the Cap. 469 Telecommunications Act;
"Board" means the Board of Regulators appointed under the Telecommunications Act;
Cap. 469
"broadcaster" means a person licensed to operate a broadcasting service Cap. 154 under the Zambia National Broadcasting Corporation Act or any Act amending or replacing that Act; "broadcasting service" means a radiocommunication service for reception by members of the general public; "broadcasting station" means a transmitting station used for the purpose of carrying on a broadcasting service; "certificate of competency" means a certificate in force under section ten; "Convention" means the International Telecommunication Convention signed at Nairobi on 6th November, 1982 or any other international telecommunication convention to which the Government is from time to time a party, and includes in either case any regulations or other subordinate instruments or provisions annexed thereto or made thereunder; "dealer" means a person who carries on a trade, business or industry in which transmitting stations or their component parts are assembled, manufactured, imported, bought, sold or exchanged or offered or exposed for sale or exchange; "diffusion" has the meaning ascribed to it in the Zambia National Broadcasting Corporation Act or any Act amending or replacing that Act; "distress call" means a radiocommunication concerning safety of life on land, at sea or in the air; "generating apparatus" means apparatus(a) (b) generating or designed to generate; or liable to generate fortuitously; Cap. 154
Hertzian waves of a frequency or kind prescribed by regulation; "harmful interference" means radiation, conduction or any other electromagnetic effect which(a) prevents or impedes, or persistently or repeatedly interrupts, a radiocommunication service carried on in accordance with the provisions of this Act or of the Convention; and (b) is not caused by the working of a transmitting station in accordance with the provisions of this Act; "Hertzian waves" means electromagnetic waves of frequency not less than ten Hertz and not more than three million megaHertz; "licence" means a licence in force under this Act and "licenced" and "licensee" have corresponding meanings; "mobile station" has the meaning assigned to it in the Schedule to this Act; "radio station" means a receiving station or a transmitting station, or a receiving and transmitting station; "radio station apparatus" means any apparatus, equipment, instrument, pole, mast, standard, wire, cable, thing or means whatsoever designed, constructed or adapted for use in connection with, or for the purpose of conveying electrical energy to, a radio station; "radiocommunication" means the transmission and reception of sounds, graphic images or impulses wholly or partly by means of Hertzian waves; "radiocommunication service" means a service whose primary activity is the transmission or reception of radiocommunications; "receiving station" means apparatus designed, constructed or adapted for use for the reception of radiocommunications; "ship station" has the meaning ascribed to it in the Schedule to this Act;
"telecommunication officer" has the same meaning as in the Telecommunications Act. "transmitting station" means apparatus (other than generating apparatus) designed, constructed or adapted for use for the transmission or emission of radiocommunications.
Cap. 469
3. The provisions of this Act and of the Convention shall not apply to Application the Zambia Police Force or the Defence Force except in so far as they relate to(a) the establishment of transmitting stations and the erection of radio station apparatus at permanent sites; (b) the allocation of frequencies by the Authority; (c) the approval of the Authority of the mode of transmission to be used in connection with radio transmitting stations and the power to be radiated therefrom; (d) (e) the prevention of harmful interference; distress calls, messages and signals; and
(f) the manner of carrying on radiocommunication services governed by the provisions of the Convention.
PART II FUNCTIONS OF COMMUNICATIONS AUTHORITY 4. (1) Subject to the provisions of this Act, the Authority shall have the general control and supervision of radiocommunications and radiocommunication services. General supervision and control of radiocommunications
(2) The Authority is hereby authorised to undertake and carry on any works or activities that, for persons other than the Authority, would by virtue of this Act require a licence. 5. (1) Subject to subsection (3), the Minister, on the advice of the Authority, shall by statutory instrumentApproval of sites, allocation of frequencies,
etc. (a) approve the sites at which all transmitting stations, other than aircraft stations, mobile stations or ship stations, are to be established and at which all radio station apparatus used in connection with the transmitting station is to be erected; and (b) allocate the frequencies on which all radio transmitting stations and all apparatus referred to in paragraph (a) of the definition of "generating apparatus" in section two shall be worked; and (c) approve-
(i) the mode of transmission to be adopted in connection with all transmitting stations and the power to be radiated therefrom; (ii) the classes, types and standards of transmitting stations and radio station apparatus to be used in connection with different classes of radiocommunication services; and (iii) the classes, types and standards of receiving stations and radio and other apparatus to be used in connection with diffusion services. (2) In exercising the powers conferred upon him by paragraph (b) of subsection (1) or sub-paragraph (i) of paragraph (c) of that subsection, the Minister shall have regard to the provisions of the Convention.
PART III LICENCES AND CERTIFICATES 6. (1) Any person may apply to the Authority for a licence under this section. (2) A licence under this section (other than a temporary licence under subsection (4)) authorises the licencee to establish and operate one or more radio stations at such places as may be specified in the licence and to provide a radiocommunication service by means of the station or stations in accordance with the provisions of this Act and the conditions of the licence. Licences
(3) The licence shall be issued on payment by the applicant of such fees as may be prescribed by regulation. (4) The Authority may, without charge, issue a temporary licence authorising a person to be in possession of and to operate a radio station in accordance with this Act for a limited period on condition that the station is not used for the purpose of carrying on a radiocommunication service and on such other conditions as are attached to the licence. 7. (1) A licence is subject to such conditions as the Authority may specify in the licence when it is granted and to such other conditions as the Minister, on the advice of the Authority, may by regulation prescribe. (2) Without limiting the generality of subsection (1), the conditions of a licence may(a) specify the site or sites at which any radio station or radio stations to be operated under the authority of the licence are to be located and regulate the manner of their installation; (b) specify the kind of radio station authorised by the licence and regulate the type and standard of radio station apparatus to be used in any such radio station; (c) specify the frequency at which transmissions from any such radio station are to be made and the mode of effecting any such transmissions; (d) require the payment to the Authority of a fee on grant of the licence and of annual or other periodic licence fees; (e) require the licensee or any other person concerned in providing any service authorised by the licence to furnish to the Authority such documents, accounts, returns, estimates and other information as the Board considers necessary for the purposes of exercising or performing the powers and functions of the Authority under this Act; (f) require the licensee to refer specified matters to the Authority for determination; Conditions of licences
(g) require the licensee to comply with directions given by the Authority from time to time in relation to specified matters; (h) provide for arbitration of disputes arising in connection with the terms and conditions of, or otherwise concerning, the licence; and (i) require and regulate the payment of fines and penalties by the licensee for breaches of any specified terms and conditions of the licence. (3) It shall be deemed to be a condition of every licence that the licensee shall comply with the provisions of the convention, to the extent that it applies to the licensee's activities. (4) In the event of any inconsistency between conditions imposed by the Authority on a licence when it is granted and conditions imposed thereon by the regulations, the provisions imposed by the regulations shall prevail to the extent of the inconsistency. 8. (1) A licence remains in force (unless sooner revoked or suspended) Duration of licences for the period specified in the licence but shall, subject to this Act, be renewed on its expiry on payment to the Authority of such fees as the Minister, on the advice of the Authority, may by statutory instrument prescribe. (2) A temporary licence is renewable at the discretion of the Authority on such terms as it considers appropriate. 9. A licence shall not be capable of being bought, sold, leased, mortgaged or charged or in any manner assigned, demised or encumbered. 10. On application in writing and on payment of such fees as the Minister, on the advice of the Authority, may by regulation prescribe, the Authority may issue a certificate of competency to a person who appears to the Authority to hold the qualifications and experience prescribed by regulation as being necessary for operating an amateur radio station. Licences not transferable
Certificate of competency to operate amateur radio station
11. (1) A person who, not being the holder of a licence authorising him Unauthorised to do soactivities (a) operates a radio station of a kind specified in the Schedule to this Act or has possession or control of such a radio station; or (b) not being a broadcaster, operates a radio station of a kind other than a kind specified in the Schedule to this Act or has possession or control of such a radio station; or (c) provides a radiocommunication service; shall be guilty of an offence. (2) A person who, not being the holder of a certificate of competency that authorises him to do so, operates an amateur radio station or has possession or control of such a radio station shall be guilty of an offence. (3) Any person guilty of an offence under this section 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. (As amended by Act No. 13 of 1994) 12. (1) For the purposes of this section, a licensee or a person who holds a certificate of competency is in default if the licensee or personSuspension or revocation of licence or certificate
(a) has on repeated occasions contravened the conditions of the licence or certificate; (b) has at any time contravened a condition of the licence or certificate that is expressed, in the licence or certificate, to be a condition whose contravention may result in revocation or suspension of the licence or certificate; or (c) has been the subject of such complaints by the public as, in the opinion of the Board, to warrant action under this section.
(2) Where a licensee or the holder of a certificate of competency is in default, the Authority may(a) by notice in writing to the holder of the licence or certificate, suspend the licence or certificate for a period not exceeding twelve months; (b) (c) by a like notice, revoke the licence or certificate; or refuse to renew the licence or certificate on its expiry.
(3) Without limiting the generality of the foregoing provisions of this section, the Authority may revoke or refuse to renew a licence on the ground that(a) the radio station in respect of which the licence was issued, or the radio station apparatus used in connection therewith(i) interferes with the working of a radio station or the carrying on of any established radiocommunication or telephone or telegraph services; or (ii) is likely to interfere with established radio station apparatus or other equipment, circuits, wires or the like; or (b) radiocommunication services established by the Authority or a licensee after the date of issue of the licence are available to the licensee and provide, in the opinion of the Board, an adequate means of communication for his purposes. (4) Subject to section thirteen, while a licence or certificate of competency is suspended, the holder thereof shall be deemed, for the purposes of this Act, not to hold it. (5) When a licence is revoked, the person having possession or control of a radio station to which the licence relates shall dispose of the radio station within such period as the Board may direct by order under the hand of the Chairman. (6) A licence or certificate shall not be cancelled, nor shall its renewal
be refused, without giving the holder thereof a reasonable opportunity to be heard. 13. (1) Any person aggrieved by the suspension or revocation of his licence or certificate of competency, or by the Authority's refusal to renew his licence, may appeal to the High Court within the time and in the manner prescribed by regulation. (2) Due lodgement of an appeal stays any revocation or suspension against which the appeal is brought,and stays any order made by the Authority in consequence of the revocation or suspension, pending the outcome of the appeal. Appeal
PART IV MISCELLANEOUS 14. (1) A person who desires to construct a railway or works for the supply of light, heat or power by means of electricity shallNotice to be given of certain works
(a) give one month's notice in writing to the Authority of his intention to commence the construction of the railway or works and cause a copy of that notice to be published in the Gazette and in one or more newspapers of general circulation throughout Zambia; and (b) furnish the Authority with a plan of the proposed railway or works, together with particulars showing the manner and position in which the railway or works are to be constructed and operated and such further information as the Authority may require. (2) If it appears to the Board that(a) the operation of or the equipment to be used in connection with a railway or works referred to in subsection (1) is likely to interfere with the working or maintenance of a radio station or radio station apparatus or the carrying on of a licensed radiocommunication service; or (b) the working or maintenance of a radio station or radio station
apparatus of a licensee or a radiocommunication service carried on by a licensee is being interfered with by the construction or operation of the equipment used in connection with(i) (ii) a railway or works referred to in subsection (1); or any railway, works or other operations whatsoever;
the Authority shall in writing notify the person constructing or operating the railway or works of the action which the person shall take to remedy or prevent the interference. (3) A person who proceeds with the construction or the equipment of a railway or works or continues to operate a railway or works after he has been given notice by the Authority under subsection (2) without complying with the terms of the notice shall be liable(a) to a penalty recoverable by the Authority by action in a competent court of five thousand penalty units for each day he fails to comply with the terms of the notice; and (b) for any loss or damage caused to the working or maintenance of a radio station or radio station apparatus by his failure to comply with the terms of the notice. (4) Nothing in this section limits or affects the rights or remedies of any licensee or other person against a person on whom this section imposes any duty. (As amended by Act No. 13 of 1994) 15. (1) Any telecommunication officer or person employed in connection with radiocommunication service whoUnauthorised disclosure of messages
(a) unlawfully discloses the contents or existence of any radiocommunication message that is not of a public character; or (b) makes use for his own purposes of any knowledge he may acquire, in the course of his duties, of the contents of a radiocommunication message; shall be guilty of an offence and shall be liable upon conviction to a fine not exceeding one thousand penalty units or to imprisonment for a term
not exceeding twelve months, or to both. (2) For the purposes of subsection (1), disclosure is lawful only if it is compellable under any law or given for purposes of the administration of justice. (As amended by Act No. 13 of 1994) 16. A person who without lawful authority, by any radiation (whether Obstruction of radio continuous or intermittent) of electromagnetic energy by means of an apparatus designed or adapted for the purpose, disturbs, obstructs or transmissions impedes any radiocommunication or other operation of a radio station shall be guilty of an offence and shall be liable upon conviction to a fine not exceeding one thousand penalty units or to imprisonment for a term not exceeding twelve months, or to both. (As amended by Act No. 13 of 1994) Powers of 17. (1) A telecommunication officer authorised in writing by the Authority or a police officer may require a person who he has reasonable inspection cause to suspect is a person required under this Act to be the holder of a licence or certificate to produce his licence or certificate. (2) If authorised by warrant issued under the hand of a magistrate, a telecommunication officer or a police officer(a) may at all reasonable times enter any radio station or any premises which are owned or occupied by a person who he has reasonable cause to suspect is using the premises for the carrying on of a business or activity for which a licence or certificate is required under this Act; and (b) shall have power to make such examination, inspection and inquiry and do such things as may appear to him necessary for ascertaining whether or not the provisions of this Act or the regulations under this Act are being complied with: Provided that nothing in this subsection shall require a warrant to be obtained for entry to premises or any part of premises which, in the ordinary course of business, are open to the public.
(3) A telecommunication officer or police officer may seize(a) any radio station which he has reasonable cause to suspect is being worked by or is in the possession or under the control of a person in contravention of this Act; and (b) any book, record or document which he has reasonable cause to suspect will afford evidence of the commission of an offence against this Act. (4) A telecommunication officer may order a person to cease using, pending inquiry by the Authority, a radio station or radio or other apparatus which, in his opinion, is causing harmful interference or is being operated otherwise than in accordance with this Act, the regulations or the terms and conditions of a licence or certificate. (5) Any person who obstructs or hinders a telecommunication officer or police officer in the exercise of his powers under this section, or who neglects or fails to comply with an order under subsection (4), shall be guilty of an offence and shall be liable on conviction to a fine not exceeding two thousand penalty units or to imprisonment for a term not exceeding twelve months, or to both. (As amended by Act No. 13 of 1994) 18. (1) A person whoMiscellaneous offences
(a) fails or refuses to furnish a return or to supply information in the manner and in the time prescribed under this Act or furnishes a false or misleading return; (b) on being required to do so, fails or refuses to produce to a telecommunication officer or a police officer a licence or certificate issued under this Act or a book, record or document relating to any radio station which is in his possession or under his control; (c) fails or refuses, without reasonable cause, to give information to, or gives false or misleading information to, a telecommunication officer or a police officer in response to a requirement under this Act;
(d) without the permission of the licensee or a telecommunication officer having authority to grant such permission, enters any part of a licensed radio station which is not open to members of the public; (e) for the purpose of obtaining, whether for himself or any other person, the issue of a licence or certificate under this Act, makes a declaration or statement which he knows to be false in any material particular or does not believe to be true or knowingly makes use of a declaration, statement or document containing the same; (f) wilfully interferes with, hinders or impedes in any way the carrying on by the Authority or a licensee of a radiocommunication service or the free use or working of a radio station or radio apparatus of the Authority or licensee; (g) affixes or attaches a wire, conductor or other thing to a radio station or radio apparatus; (h) interferes with, hinders or impedes in any way the establishment, erection, alteration, maintenance or inspection of a radio station or radio station apparatus; (i) (i) knowingly transmits or causes to be transmitteda false or fradulent distress call; or
(ii) a communication of a blasphemous, indecent, obscene or offensive nature; (j) without lawful excuse, by any means interferes with or obstructs the carrying on of a radiocommunication service; (k) wilfully intercepts a radiocommunication transmission which is not intended to be received by him; or (l) reproduces or divulges the contents or substance of a radiocommunication transmission not intended to be received by him, whether received voluntarily or involuntarily, to another person or uses it for any purpose whatsoever; shall be guilty of an offence and shall be liable to a fine not exceeding twenty thousand penalty units or to imprisonment for a term not exceeding two years, or to both.
(2) A person contravening paragraph (d) of subsection (1) who fails to leave a radio station immediately on being required to do so by the person in charge of the station or by a telecommunication officer may be removed by the person in charge or a telecommunication officer and a police officer shall, on being requested to do so by the person in charge or by a telecommunication officer, remove or assist in the removal of the person. (3) A person who witnesses another person(a) wilfully destroying, damaging or removing radio station apparatus, or attempting to do so; or (b) contravening or attempting to contravene the provisions of paragraphs (f), (g), (h) (i) of subsection (1); may, without warrant, arrest that other person. (4) A person who arrests another person under subsection (3) shall forthwith notify that other person of the cause of the arrest. (5) Any person arrested under subsection (3) shall as soon as possible be brought to a police station and shall there be detained until further dealt with according to law: Provided that a person so arrested shall not be detained for a period longer than twenty-four hours unless a warrant for his further detention is obtained. (6) Nothing in subsection (5) limits or affects the operation of any law providing for the release on bail of a person under detention. (As amended by Act No. 13 of 1994) 19. (1) On the conviction of a person for an offence involving the Forfeiture of unlawful possession or use of a radio station or any radio station equipment apparatus, the court convicting the accused may, on the application of the prosecutor and in addition to any penalty which it may impose, order the confiscation of the radio station or apparatus in connection with or by means of which the offence was committed, unless it is proved to the
satisfaction of the court that the radio station or apparatus is not the property of the accused and that the owner was unable to prevent its unlawful use by the accused when the offence was committed. (2) Any radio station or apparatus confiscated under this section shall be deemed forfeited to the Republic. 20. (1) The Minister, on the advice of the Authority, may by statutory instrument prescribe all matters which by this Act are required or permitted to be prescribed or which are necessary or expedient to be prescribed for carrying out or giving effect to this Act. (2) Without prejudice to the generality of subsection (1), the Minister may by regulation(a) make such provision as he considers appropriate or necessary to give force and effect, within Zambia, to the provisions of the Convention; (b) classify radio stations, other than broadcasting stations and radio stations used solely in connection with broadcasting and diffusion services, and in so doing, amend the Schedule to this Act or vary the definition of a radio station specified in the Schedule to this Act and prescribe the nature of the radiocommunication services to be carried on therefrom; (c) provide for the inspection and testing by telecommunication officers of broadcasting stations and radio and other apparatus used in connection with broadcasting or diffusion services and for the method of installation, working and maintenance thereof; (d) provide for the establishment, maintenance, protection, working and conduct of all or any radiocommunication services carried on by the Authority or any licensee, including any such service carried on in conjunction with a telephone or telegraph service; (e) make provision for the purpose of ensuring that the use of generating apparatus or power lines does not cause harmful interference and in so doing, prescribe the conditions to be observed with respect to(i) the maximum intensity of electromagnetic energy of specified frequencies which may be radiated in any direction from generating Regulations
apparatus or power lines when in use; (ii) the electromagnetic energy of specified frequencies which may be injected by generating apparatus into the power lines by means of which power is supplied to that generating apparatus; (f) make provision for the purpose of ensuring that the use, in connection with broadcasting or diffusion services or otherwise, of radio stations or radio or other apparatus, does not interfere with radiocommunication, telephone or telegraph services or with radio stations or radio or other apparatus, equipment, circuits, instruments, wires and the like; (g) prohibit or restrict the importation, purchase and sale of any apparatus capable of causing harmful interference; (h) make provision for the keeping of books, records and documents, the furnishing of returns and the supply of information relating to dealings in, and the repair of, radio transmitting stations; (i) prescribe the qualifications in respect of age, term of service, skill, character and otherwise, and the experience (if any) required by applicants, for certificates of competency; (j) make provision with respect to the holding of examinations to determine the proficiency of applicants for certificates of competency and with respect to the issue of such certificates; (k) fix the fees to be paid-
(i) by applicants in connection with examinations referred to in paragraph (j); and (ii) (l) on the issue of certificates of competency; prescribe-
(i) the form and manner in which applications for licences and certificates under this Act are to be made and information to be supplied in connection therewith; (ii) the form of licences and certificates, terms and conditions to be attached to licences and certificates and the periods for which licences and certificates shall remain in force; (iii) the circumstances in which and the terms and conditions subject to which licences and certificates shall be issued;
(m) make provision for the revocation, suspension and amendment of licences and certificates and for the surrender or delivery to the Authority of licences and certificates for those purposes; (n) prescribe the circumstances in which and the conditions, including the payment of a fee, on which copies of licences and certificates may be obtained; (o) make provision for the notification to the Authority by persons to whom licences and certificates are issued of changes in their places of residence or work; (p) make provision for the notification of the Authority of changes in the places, aircraft, ships or vehicles at or in which radio stations in respect of which licences are issued are established, installed or worked; and (q) make provisions for the proper exercise by the Authority of the powers of control of and supervision over radiocommunication services conferred upon it by this Act and of the other powers and functions thereby conferred or imposed upon it. 21. (1) The Radiocommunications Act is hereby repealed. Repeal of Cap. 796; of the old edition and savings
(2) Notwithstanding the repeal of the Radiocommunications Act(a) an authority under section eighteen or nineteen of the repealed Act which was in force immediately before the commencement of this Act shall, subject to the terms and conditions on which it was issued, continue in force for such time as the Minister, on the advice of the Authority, may by regulation determine; (b) any application, allocation, approval or exemption made or given, any examination or test taken or made, any agreement, other than a contract of service, entered into, and any record kept or other thing done, under the provisions of the repealed Act which, immediately before the commencement of this Act, was subsisting or was of force or
effect or capable of acquiring force or effect shall, subject to the provisions of the repealed Act, continue to subsist or to be of force or effect or, as the case may require, acquire force or effect and shall be treated, for the purposes of this Act, as having been made, given, taken, entered into, kept or done under the corresponding provisions of this Act.
SCHEDULE
(Sections 2, 13 and 23)
CLASSIFICATION OF RADIO STATIONS

"Aeronautical station" means a radio station used for the purpose of carrying on a radiocommunication service with and for the benefit of aircraft; "Aircraft station" means a radio station continuously subject to human control which is installed in an aircraft; "Amateur station" means a radio station worked by a person interested in the technique of radiocommunications solely with a personal aim and without pecuniary interest; "Base station" means a radio station established on land and used for the purpose of carrying a radio communication service with mobile stations; "Coast station" means a radio station established on land and used for the purpose of carrying on a radiocommunication service with and for the benefit of ship stations; "Fixed station" means a radio station used for the purpose of carrying on radiocommunication service between specified points; "Meteorological aids station" means a radio station used for the purpose of transmitting special signals intended solely for meteorological and hydrological observations and exploration; "Mobile station" means a radio station capable of use whilst in motion or during halts at unspecified points but does not include an aircraft or ship station; "Model control station" means a station used for the purpose of controlling models; "Press station" means a radio receiving station used for the purpose of receiving news broadcast from recognised press agencies; "Private experimental station" means a radio station utilising Hertzian waves in experiments with a view to the development of the science and technique of radiocommunications but does not include an amateur station; "Radio control station" means a radio station used for the purpose of controlling mechanism or other apparatus which is not installed in a model; "Radiolocation station" means a radio station used for the purpose of-
(a) determining the relative direction, position or motion of an object; or (b) the detection of an object by means of the constant velocity or rectilinear propagation characteristics of Hertzian waves; "Ship station" means a radio station installed in a vessel which is not permanently moored; "Special service station" means a radio receiving station used exclusively for the purposes of receiving time signals, notices to navigators, epidemiological and medical advice and like services of general utility; "Standard frequency station" means a radio transmitting station used for the purpose of transmitting standard and specified frequencies of known high accuracy intended for general reception.
CHAPTER 170 THE NATIONAL ARTS COUNCIL OF ZAMBIA ACT

PART I PRELIMINARY Section 1. 2. 3. Short title Application Interpretation
PART II NATIONAL ARTS COUNCIL OF ZAMBIA 4. 5. 6. 7. Establishment of Council Functions of Council Powers of Council Powers to order suspension of activities of registered body
8. Power to appoint committee to inquire into activities of registered body. 9. 10. 11. 12. Power to order suspension of office bearers Provincial arts advisory committees District arts advisory committees Conditions applicable to members of committees
13. Prohibition of publication or disclosure of information to unauthorised persons. 14. 15. General matters relating to committees Associate bodies
PART III REGISTRATION OF NATIONAL ARTS ASSOCIATION
16. 17. 18. 19. 20. Section 21. 22. 23.
Registrar Registration of national arts associations Effect of non-registration Application for registration Grounds for refusing to register national arts association Notification of grounds Cancellation of registration Notification of intended cancellation
24. Appeal against refusal to register association or cancellation of registration 25. Affiliation to Council of registered body
PART IV GENERAL PROVISIONS 26. 27. 28. 29. 30. 31. Independence of associations and associate bodies Appeals to Minister Directions by the Minister Dissolution of association Rules Regulations
SCHEDULE
PART I THE COUNCIL
1. 2. 3. 4. 5. Seal of Council Composition of Council Tenure of office of member Removal of members Filling of casual vacancy
6. 7. 8. 9.
Proceedings of Council Committees of Council Disclosure of interest Immunity of members and staff
PART II ADMINISTRATION
10. 11. Director and Deputy Director Staff
PART III FINANCIAL AND OTHER PROVISIONS

Section 12. 13. 14. 15. 16. 17. Funds of Council Arts Development Fund Financial Year Accounts Power to call for accounts Annual Report
CHAPTER 170
NATIONAL ARTS COUNCIL OF ZAMBIA
Act No. 31 of 1994 An Act to establish and define the functions and powers of the National 13 of 1994 Arts Council of Zambia; to provide for the registration of, and affiliation to, the National Arts Council of Zambia of all national arts associations; to provide for the establishment of the Arts Development Fund; and to provide for matters connected with or incidental to the foregoing. [21st October, 1994
PART I
PRELIMINARY 1. This Act may be cited as the National Arts Council of Zambia Act. Short title Application
2. (1) The Societies Act shall not apply to an association or a body registered under this Act.
(2) An association or a body registered under the Societies Act shall Cap. 119 register under this Act within six months of the coming into force of this Act. 3. In this Act, unless the context otherwise requires"associate body" means an associate body referred to in section fifteen; "Chairperson" means the person elected as chairperson of the Council under sub-paragraph (2) of paragraph 2 of Part I of the Schedule; "Council" means the National Arts Council of Zambia established by section four; "Director" means the person appointed as Director of the Council in accordance with sub-paragraph (1) of paragraph 9 of Part II of the Schedule; "member" means a member of the Council; "registrar" means the Registrar of national arts associations appointed under section sixteen; "registered body" means a national arts association registered under section seventeen; "Vice-Chairperson" means the person elected as Vice-Chairperson of the Council under sub-paragraph (2) of paragraph 2 of Part I of the Schedule. Interpretation
PART II NATIONAL ARTS COUNCIL OF ZAMBIA 4. (1) There is hereby established the National Arts Council of Zambia Establishment which shall be a body corporate with perpetual succession and a of Council common seal, capable of suing and of being sued in its corporate name, and with power, subject to the other provisions of this Act, to do all such acts and things as a body corporate may by law do or perform. (2) The provisions of the Schedule shall apply as to the composition of the Council and otherwise in relation thereto. 5. Subject to the other provisions of this Act the functions of the Council shall be to: (a) keep itself fully appraised of the policy of the Government in matters concerning arts and to disseminate that policy; (b) serve as the supreme advisory body at national level on policy and decisions on all forms of arts in the country; (c) provide quality artistic leadership in performing and visual arts; (d) develop, promote, regulate and encourage all forms of amateur and professional arts on a national basis in conjunction with the associations and the Government; (e) assist the formation of associations or organisations and encourage them to register as national arts associations so as to represent different groups of associations in Zambia and to encourage the affiliation of those associations to the appropriate international organisations; (f) assist, financially or otherwise, any group or individual in representing Zambia in any artistic activity within or outside Zambia; (g) assist, financially or otherwise, in conjunction with the Government, any citizen of Zambia in obtaining relevant training within or outside Zambia; (h) raise and maintain a fund from such sources and by such means as the Minister may approve to enable the Council to carry out its functions; (i) stimulate, through the registered bodies, the provision, Functions of Council
development and maintenance of equipment, instruments and facilities for all kinds of arts and ensure their equitable distribution and proper use; (j) ensure that arts groups at all levels maintain proper accounts and, where considered necessary, to supervise and direct the maintenance of these accounts; (k) regulate and provide modalities for the award of national honours for artistic merit; (l) exercise disciplinary powers in cases of breach of the provisions of this Act; (m) regulate and monitor all national arts programmes presented in Zambia; (n) promote the development and organisation of the arts; and (o) do and perform such other functions as may be conducive to the development and promotion of the arts and to the enforcement of this Act. 6. Subject to the other provisions of this Act, the powers of the Council Powers of shall beCouncil (a) to employ, control and direct such staff as it may consider necessary; (b) to investigate the accounts and affairs of a registered body; and (c) to make such orders as the Council considers necessary where a report on a matter relating to the affairs of the Council is made to it. 7. The Council shall have power to appoint a committee to inquire into Power to the activities of a registered body or into the conduct of an office-bearer appoint or a member, as the case may be. committee to inquire into activities of registered body 8. Where the Council has reason to believe that the activities of a registered body are prejudicial to the interests of the arts or to the public interest, the Council has power to order the suspension of the activities of that body. Power to order suspension of activities of registered body
9. Where the Council has reason to believe that any office-bearer or a Power to order member of a registered body is or has been acting in a manner, or his suspension of
further continuance as an office-bearer or member is, likely to be prejudicial to the interests of the arts or the public interest, the Council has power to order the suspension of that office-bearer or member.
office-bearer
10. (1) The Council shall appoint a provincial arts advisory committee Provincial arts in each province to advise and assist the Council in matters concerning advisory the promotion, development and organisation of the arts within the committee province. (2) Each committee shall consist of a chairperson elected by the committee and not more than one member from each registered body. 11. (1) The provincial arts advisory committee in each province shall appoint members of district arts advisory committees which shall consist of a chairperson and not more than one member from each registered body. (2) The functions of a district arts advisory committee shall be to advise the provincial arts advisory committee on matters concerning the promotion, development and organisation of the arts within the district. 12. The Council shall determine, with the prior approval of the MinisterConditions applicable to members of (a) the tenure of office of the members of a committee of the Council, a provincial arts advisory committee and a district arts advisory committees committee; (b) the allowances payable, and other terms and conditions applicable, to committee members; and (c) the frequency of meetings of provincial arts advisory committees and district arts advisory committees, their procedure and all other matters affecting or incidental to the functioning of those committees. 13. (1) A person shall not, without the consent in writing given by or on behalf of, the Council, publish or disclose to any other person, otherwise than in the course of that person's duties, the contents of any document, communication or information whatsoever, which relates to, and which has come to that person's knowledge in the course of, that person's duties under this Act. Prohibition of publication or disclosure of information to unauthorised persons District arts advisory committees
(2) A person who knowingly contravenes subsection (1) shall be guilty of an offence and shall be liable, upon conviction, to a fine not exceeding thirty thousand penalty units or to imprisonment for a term not exceeding three years, or to both. (3) If any person having information which to that person's knowledge has been published in contravention of subsection (1) unlawfully publishes or communicates the information to any other person, that person shall be guilty of an offence and shall be liable, upon conviction, to a fine not exceeding thirty thousand penalty units or to imprisonment for a term not exceeding three years, or to both. (As amended by Act No. 13 of 1994) 14. General matters (a) the tenure of office of the members of a provincial arts advisory relating to committee, a district arts advisory committee and a committee that may committees be appointed under paragraph 8 of Part I of the Schedule; (b) (c) (d) (e) 15. (a) (b) the allowances payable to the members of the committees; the conditions applicable to the committees; the procedure at a meeting of a committee; and all other matters affecting the committees. The following shall be associate bodies of the Council: all institutional arts associations; and all provincial arts advisory committees. Associate bodies The Council shall, with the approval of the Minister, determine-
PART III REGISTRATION ASSOCIATIONS OF NATIONAL ARTS
16. There shall be a Registrar of National Arts Associations who shall Registrar be a public officer and appointed by the Minister.
17. (1) The Registrar shall establish and maintain in the prescribed Registration of form a register where he shall register an association or organisation as a national arts national arts association. associations (2) An association or organisation shall be registered as a national arts association under this section within thirty days of its formation. 18. (1) An association or organisation which is not registered under section seventeen shall not be recognised as a national arts association. 19. (1) An application for registration as a national arts association shall be submitted to the Registrar in the prescribed form. (2) On receipt of an application under subsection (1), the Registrar may, within thirty days, carry out any investigation, or require any further information to be submitted to him, as he considers necessary. (3) An application for registration as a national arts association shall be accompanied by(a) a registration fee; Effect of non-registration Application for registration
(b) a copy of the constitution of the association or organisation which shall contain among other particulars(i) (ii) (iii) (iv) the objectives and functions of the association or organisation; the names and address of its office-bearers; the funds available to it and its sources of revenue; and its principal and other places of operation.
(4) Upon registration, the Registrar shall issue an association or organisation with a certificate of registration. 20. (1) The Registrar shall refuse to register any association or organisation as a national arts association if he is satisfiedGrounds for refusing to register national arts association
(a)
that the association or organisation does not exist;
(b) that the registration of the association or organisation would be against the public interest; (c) that the name under which the association or organisation wishes Cap. 119 to be registered is identical, or similar, to the name of any existing national arts association or any society or body registered, or exempted from registration, under the Societies Act; or (d) the constitution or rules of the association or organisation are in his opinion repugnant to, or inconsistent with, the provisions of any law for the time being in force in Zambia. 21. (1) Where the Registrar refuses to register an association or organisation as a national arts association the Registrar shall make and furnish to the association or organisation concerned a notice giving the reasons for such refusal. Notification of grounds
22. Subject to section twenty-three the Registrar may, at any time, Cancellation of cancel the registration of any registered body if the Registrar is satisfied registration that it is expedient to do so on the ground that(a) the constitution or rules of the registered body are, in the opinion of the Registrar repugnant to, or inconsistent with, the provisions of any law for the time being in force in Zambia; (b) the registered body is operating in a manner contrary to the public interest; (c) the Registrar has reason to believe that the registered body has ceased to exist as a national arts association; or (d) the registered body has changed its name and the new name it has adopted(i) is identical to that of any other existing national arts association;
(ii) so nearly resembles the name of the registered body as, in the opinion of the Registrar, is likely to deceive the public or the members of either association; or (iii) is, in the opinion of the Registrar, repugnant to, or inconsistent
with, the provisions of any law in force in Zambia or is otherwise undesirable. 23. (1) Before the Registrar cancels the registration of a registered Notification of body, the Registrar shall make and furnish the registered body intended concerned with a notice giving reasons for the intended cancellation and cancellation require the association to show cause as to why the registration should not be cancelled. (2) If the Registrar is not satisfied with the explanation given by the affected registered body he shall cancel the registration. 24. (1) An association or organisation which has been served with the notice referred to in section twenty-one or a registered body whose registration is cancelled under section twenty-two may appeal to the Minister within thirty days of the receipt of the notice against the refusal or cancellation, and the Minister shall hear the appeal within thirty days. Appeal against refusal to register association or cancellation of registration
(2) Where an appeal is made under subsection (1), the Minister may give such directions to the Registrar as the Minister considers necessary to enable him to detemine the appeal. (3) Where an appeal is made under subsection (1), the Minister may confirm, set aside or vary the decision of the Registrar. (4) Any association or organisation which is aggrieved by the decision of the Minister may appeal to the High Court. 25. (1) A registered body may be affiliated to the Council through such Affiliation to procedure as may be prescribed by the Council. Council of registered body (2) A registered body may form subsidiary bodies in provinces and these bodies shall be affiliated to the Council by virtue of the affiliation of the registered body.
PART IV GENERAL PROVISIONS 26. Except as provided in this Act, the Council shall not interfere with Independence the day-to-day administration or internal affairs of a registered body or of registered an associate body. and associate bodies 27. (1) A registered body or any person aggrieved by a decision of the Appeals to Council may, not later than thirty days from the receipt of that decision, Minster appeal to the Minister. (2) Where a registered body or a person appeals to the Minister under subsection (1), the Minister may confirm, reverse or vary the decision, or make such other order as the Minister considers fit, and the Minister shall decide within thirty days. 28. Subject to the other provisions of this Act, the Minister may give directions to the Council in matters of policy to be followed in pursuance of its objects and the performance of its functions. Directions by the Minister
29. (1) In order to allow orderly dissolution, a registered body shall not Dissolution of dissolve itself except with the written approval of the Registrar. registered body (2) A registered body shall apply to the Registrar for approval to dissolve the association and shall(a) and state in the application the reason for the proposed dissolution;
(b) submit to the Council the application together with the agenda and minutes of the meeting of the body at which the decision to dissolve the body was taken. (3) Where a registered body is dissolved, the assets and liabilities of the body shall be disposed of in accordance with the direction of the
Council. 30. The Council may after the approval of the Minister, and in consultation with the relevant registered body, make rules concerning(a) the activities of the registered bodies; (b) the conduct of the members and office bearers of the registered bodies; (c) the maintenance of proper accounts and records by the registered bodies; (d) the annual subscription fees to be paid to the Council by the registered bodies; (e) the standards to be attained and the method and procedure to be followed by a body of persons desirous of entering a competition in Zambia; or (f) the procedure to be followed by a registered body or individual from outside Zambia for entering a competition or undertaking any artistic activity in Zambia. 31. The Minister may, by statutory instrument, and in consultation Regulations with the Council, make Regulations for the better carrying into effect of the provisions of this Act, and, in particular and without prejudice to the generality of the foregoing power, such Regulations may(a) prescribe the fees, allowances or remuneration to be paid under any provision of this Act; (b) prescribe the role of cultural officers and the relationship between those officers and the Director; (c) provide for the management of the affairs of a registered body when it is under suspension; (d) prescribe the forms to be used for the purpose of this Act; (e) prescribe the books, registers, accounts and other documents to be kept by a registered body, and provide for the inspection of the books, registers, accounts and other documents; (f) prescribe the particulars to be included in the contracts of service of professional artistes; (g) provide for the status of national and representative groups; (h) prescribe the manner and form in which application for the award of national artistic honours shall be made; and (i) provide for the procedure for becoming an associate body of the Rules
Council. SCHEDULE (Section 4 (2))
PART I THE COUNCIL

1. (1) The seal of the Council shall be such device as may be determined by the Council and shall be kept by the Registrar. (2) The affixing of the seal shall be authenticated by the Chairperson or the Vice-Chairperson and one other person authorised in that behalf by the Council. (3) Any contract or instrument which, if entered into or executed by a person not being a body corporate, would not be required to be under seal may be entered into or executed without seal on behalf of the Council by the Registrar or any other person authorised in that behalf by the Council. (4) Any document purporting to be a document under the seal of the Council or issued on behalf of the Council shall be received in evidence and shall be deemed to be a document so executed or issued, as the case may be, without further proof, unless the contrary is proved. 2. (1) The Council shall consist ofComposition of Council Seal of Council
(a) (b) (c) (d)
two members appointed by the Minister; the Director of Cultural Services; one member to be appointed by each registered body; and one member appointed by the Ministry responsible for-
(i) (ii) (iii) (iv)
education; information and broadcasting; science, technology and vocational training; and tourism.
(2) The Chairperson and the Vice-Chairperson shall be elected by members of the Council from amongst themselves, subject to ratification by the Minister. 3. (1) A member shall hold the office of member for a period of four years from the date of appointment, but shall be eligible for reappointment. (2) Notwithstanding subsection (1) the office of member shall become vacant(a) upon the death of a member; Tenure of office and vacancies
(b) if a member is adjudged or otherwise declared to be of unsound mind; (c) if a member is adjudged or otherwise declared bankrupt;
(d) if a member is lawfully detained or the member's freedom of movement is restricted under any law in force in Zambia; (e) if a member is sentenced to a term of imprisonment exceeding six months; (f) if a member is absent from three consecutive meetings of the Council without reasonable cause; or (g) upon the expiry of not less than one month's notice in writing of that member's intention to resign given by the member to the Chairman. (3) Notwithstanding subsection (1) the Minister may, at any time, remove a person from the office of member if the Minister is satisfied that the continuance of that person in the office of member will be
prejudicial to the interests of the arts. 4. (1) Subject to subsection (2), whenever the office of a member Filling of casual becomes vacant before the expiry of the term of office specified in vacancy paragraph 3, the Minister, or, if the member who vacated the office was appointed by any of the bodies referred to in paragraph 2, that body, may appoint another person to be a member in place of the member who vacates the office. (2) The person appointed under subsection (1) shall hold office only for the unexpired term of office of the person who vacated that office. 5. (1) Subject to the other provisions of this Act, the Council may regulate its own procedure. (2) The Council shall, for the transaction of business, meet at least twice in every calendar year at such places and times as the Chairperson may determine. (3) One half of the total number of members shall constitute a quorum at any meeting of the Council. (4) Subject to paragraph 5 the Chairperson shall, upon giving notice of not less than fourteen days, call a special meeting of the Council if not less than five members so request in writing. (5) If the urgency of any particular matter does not permit the giving of the notice referred to in sub-paragraph (4), a special meeting may be called upon giving shorter notice. (6) There shall preside at a meeting of the Council the Chairperson or, in the absence of the Chairperson, the Vice-Chairperson or, in the absence of both the Chairperson and the Vice-Chairperson, such member as the members present may elect for the purpose of that meeting. (7) A decision of the Council on any question shall be by a majority of the members present and voting at the meeting and in the event of an Proceedings of Council
equality of votes the person presiding at the meeting shall have a casting vote in addition to that person's deliberative vote. (8) Where any member referred to in paragraph (a) to (d) of paragraph 2 is unable to attend any meeting of the Council, the Ministry or organisation, as the case may be, which that member represents may, in writing, nominate another person to attend that meeting in that member's stead and that person shall be deemed to be a member for the purpose of that meeting. (9) The Council may invite any person whose presence is in its opinion desirable, to attend and to participate in the deliberations of a meeting of the Council, but such a person shall have no vote. (10) The validity of any proceedings, act or decision of the Council shall not be affected by any vacancy in the membership of the Council or by any defect in the appointment of any member. (11) The Council shall cause minutes to be kept of the proceedings of every meeting of the Council and of every meeting of any committee established by the Council. 6. The Council may appoint such committees as it may consider necessary for the performance of its functions. Committees of Council
7. (1) If any person is present at a meeting of the Council at which any Disclosure of matter in which that person or that person's spouse is directly or interest indirectly interested in a private capacity is the subject of consideration, he shall, as soon as practicable after the commencement of the meeting, disclose that interest and shall not, unless the Council otherwise directs, take part in any consideration or discussion of, or vote on, any question touching that matter. (2) A disclosure of interest made under subparagraph (1) shall be recorded in the minutes of the meeting at which it is made. 8. An action or other proceeding shall not lie or be instituted against Immunity of any member, member of a committee of the Council or of the Board or members and member of staff of the Council for, or in respect of, any act or thing done staff
or omitted to be done in good faith in the exercise or purported exercise of his duties under this Act.
PART II ADMINISTRATION
9. (1) There shall be a Director of the Council who shall be appointed by the Council after the approval of the Minister. (2) The Director shall be the Chief Executive Officer of the Council and shall be responsible for the administration of the affairs of the Council. (3) The Council may appoint a Deputy Director to assist the Director. (4) The Director may, by directions in writing and subject to such terms and conditions as the Director thinks fit, delegate to the Deputy Director any of the functions of the Director under this Act. (5) The Director, or in his absence the Deputy Director, shall attend meetings of the Council and the Board and may address such meetings, but shall not vote on any matter; Provided that the person presiding at any meeting of the Council may, for good cause, require the Director or Deputy Director, as the case may be, to withdraw from the meeting. 10. The Council may appoint, on such terms and conditions as it may determine, such other staff and agents as it considers necessary for the performance of the functions of the Council. Staff Director and Deputy Director
PART III
FINANCIAL AND OTHER PROVISIONS

11. (1) The funds of the Council shall consist ofFunds of Council
(a) such sums as may be appropriated by Parliament for the purpose of the Council; (b) such sums as may be paid to the Council as donations, contributions, subscriptions, fees or gifts, but the Council shall not raise money from outside Zambia without the prior approval of the Minister; or (c) such other moneys or assets as may accrue to, or vest in, the Council as a result of the investments made, or transactions entered into, in the course of its operations. (2) The Council(a) shall cause to be kept full and correct books of account of all moneys received and expended by it; (b) may invest its funds in such manner and to such extent as the Council may consider fit; (c) shall after the approval of the Minister and subject to such conditions as the Minister may impose, borrow money from any source within Zambia. 12. The Council shall establish and administer a fund to be known as the Arts Development Fund from which it may lend funds to any registered body. 13. The financial year of the Council shall be the period of twelve months ending on 31st December in each year. Arts development fund Financial year
14. The Council shall cause to be kept proper books of account and other records relating to its accounts.
Accounts
15. (1) The Council may, at any time, by notice of the Director, order a Power to call registered body to submit to the Council, within such time as the for accounts Council may specify in the order, duly audited accounts of the body. (2) The notice referred to in subsection (1) shall be for a period of not less than thirty days from the date on which the notice is served on the registered body. (3) Where a registered body fails to comply with the notice referred to in subsection (1), or the Council discovers any irregularities in the accounts of the body, the Council may take such action against the body as the Council may consider fit. Annual report 16. (1) The Council shall, after 31st December in each year, but not later than six months from that date, submit to the Minister a report of its activities during the previous year and containing such other information as the Minister may direct. (2) The annual report of the Council shall, among other things, include a report on the financial affairs of the Council. (3) There shall be appended to the report referred to in subsection (2)(a) (b) and (c) an audited balance sheet; an audited statement of income and expenditure during the year;
a report of the auditors on the accounts.
(4) The Minister shall, not later than seven days after the first sitting of the National Assembly next after the receipt of the report referred to in subsection (1), lay it before the National Assembly.
CHAPTER 170 THE NATIONAL ARTS COUNCIL OF ZAMBIA REGULATIONS [ARRANGEMENT OF REGULATIONS]
Regulation 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. Title Allowances Cultural officers Suspended registered body Books of account Register of Members Contracts of service Tours Application for affiliation Administrative and scrutiny charge
FIRST SCHEDULE SECOND SCHEDULE THIRD SCHEDULE FOURTH SCHEDULE SECTION 31-NATIONAL ARTS COUNCIL OF ZAMBIA Statutory Instrument REGULATIONS 128 of 1995 Regulations by the Minister
PART I PRELIMINARY
1. These Regulations may be cited as the National Arts Council of Title
Zambia Regulations. 2. (1) A member of the Council or of any committee established under Allowances the Act shall be paid the allowances set out in the First Schedule for each sitting. (2) The allowances referred to in sub-regulation (1) shall be paid from the funds of the Council and shall accrue to each member with effect from the date of appointment as member. 3. (1) The Department of Cultural Services shall recruit, as cultural officers, persons who are professionally qualified and competent in various specialised aspects of the arts. (2) The role of a cultural officer shall be to(a) complement the efforts of the Council in carrying out its functions under the Act; and (b) provide such necessary data and information on all aspects of the arts as may be required by the Council and facilitate research into the arts. (3) A provincial cultural officer shall facilitate the work of the Council in the provinces where provincial arts advisory committees have not been established, and after these committees have been established, the provincial cultural officers shall become ex-official members of the committee. 4. (1) Where an executive committee of a registered body is suspended, Suspension of the Council shall immediately appoint, in writing, an interim committee registered body to take over the management of the registered body so suspended. (2) The chairman of the interim committee shall be a member of the Council, but shall not be a member of the Executive Committee of the registeed body suspended. (3) The Council shall prescribe in the appointment the powers of the Cutlural officers
interim committee and duration of the appointment. 5. (1) A registered body shall keep and maintain such books of account Books of as shall be necessary to maintain correct records of all its financial account matters, so as to enable auditors to audit the books. 6. A registered body shall keep and maintain a register containing information relating to all its members and affiliated members and the register shall be available for inspection by the Council. 7. A registered body shall send, for approval by the Council, draft contracts of service of professional artists in its specialised art form. 8. (1) A registered body shall, with the approval of the Council, determine the manner in which national or representative arts groups shall represent Zambia on tours or at international gatherings. (2) A registered body shall apply to the Council for any financial assistance, or otherwise, for a national or representative arts group to undertake any artistic activity within or outside Zambia. (3) An application under sub-regulation (2) shall be lodged with the Council at the beginning of each year and shall outline the financial requirements of the registered body for that year. 9. (1) An associate body other than a provincial arts advisory committee shall apply to the Council for affiliation in the form prescribed in the Second Schedule. (2) An associate body shall when applying for affiliation pay the affiliation fees prescribed in the Third Schedule. 10. Every associate body making an application under sub-regulation (1) of regulation 10 shall pay an administrative and scrutiny charge prescribed in the Fourth Schedule. Administrative and scrutiny charge Application for affiliation Register of members
Contracts of service Tours
FIRST SCHEDULE
(Regulation 2 (1)) Allowances per sitting Chairman -K25,000 Member -K20,000
SECOND SCHEDULE
(Regulation 9 (1)) National Arts Council of Zambia Application for affiliation as associate body The Director P.O. Box Lusaka 1. We hereby apply for affiliation as an associate body of: (full names of institutional arts association) 2. 4. (a) Full address, telephone and tele numbers We attach hereto the following documents: two copies of the current constitution of the association; 3. Founded: (Day, Month and Year)
(b) A memorandum duly signed by the Chairman and the Secretary giving the following: (i) (ii) full names and addresses of the office-bearers; the funds available and sources of revenue;
(c) list of names and addresses of any arts institutions or organisations already affiliated to; (d) minutes of the previous meeting at which the association resolved to apply for affiliation. Chairman Full name: Signature: Date of application: Secretary Full name: Signature:
THIRD SCHEDULE
(Regulation 9 (2)) Affiliation fees Primary Schools Secoondary Schools Universities and Colleges F
FOURTH SCHEDULE
(Regulation 10) Affiliation and Scrutiny Charge All affiliated bodies: F
CHAPTER 170 THE NATIONAL ARTS COUNCIL OF ZAMBIA RULES [ARRANGEMENT OF RULES]
PART I PRELIMINARY
Rule 1. Title
PART II REGISTRATION, FEES AND CHARGES

2. 3. Application for registration Fees and Charges
PART III CODE OF CODUCT

4. 5. 6. 7. 8. 9. Activities outside Council Prohibition of provision of information to press Prohibition of abuse of funds, etc, of Council Prohibition of representation without authority Standards Promotion of artists
PART IV
COMPETITIONS, HONOURS AND AWARDS

10. 11. 12. 13. Furnishing of rules to Council Approval of presiding Judge Publicity for competition Adjudicators guidelines
PART V LICENCES
14. 15. 16. Rule 17. 18. 19. 20. 21. 22. 23. 24. Licences not transferable Replacing of licence Waive payment Suspension or cancellation of licence Temporary licence Conditions of temporary licence Application for temporary licence Refund Prohibition of promotion of artistic activity without licence Application for licence as promoter Details on application
PART VI FOREIGN ARTISTS UNDERTAKING ACTIVITIES IN ZAMBIA

25. 26. Application for clearance Artists from outside Zambia
27. 28. 29. 30. 31. 32. 33.
Conditions of clearance Endorsement on application Reasons for refusal Appeal to Minister Cancellation of clearance Clearance fee Cultural exchanges
PART VII GENERAL

34. 35. 36. Voting powers Inspection of accounts Validity period
SECTION 30-NATIONAL ARTS COUNCIL OF ZAMBIA Statutory Instrument RULES 129 of 1995 Rules by the Minister
PART I PRELIMINARY
1. These Rules may be cited as the National Arts Council of Zambia Rules. Title
PART II REGISTRATION, FEES AND CHARGES

2. An application for registration as a registered body shall be submitted to the Registrar in NAC Form 1 set out the First Schedule. Application for registration
3. Every registered body shall pay to the Council the fees or charges prescribed in the Second Schedule.
Fees and charges
PART III CODE OF CONDUCT

4. A member of the Council shall not engage in any activities outside the Council which may cause discredit to the Council. Activities outside Council
5. A member of the Council shall not provide information to the press Prohibition of on the activities of the Council without obtaining prior authorisation provision of from the Council. information to press 6. A member of the Council shall not abuse funds, premises and property of the Council. Prohibition of abuse of funds, etc, of Council
7. A member of the Council shall not represent the Council at public Prohibition of artistic gatherings inside or outside Zambia, without prior authorisation representation without from the Council. authorisation 8. Every registered body shall maintain high standards in its respective Standards speciality in the performing and visual arts.
PART IV COMPETITIONS, HONOURS AND AWARDS
9. The Council shall promote local and international artistic performances and exhibitions and assist registered bodies in training, research and publications.
Promotion of artists
10. Every registered body shall, within two months of registration and Furnishing of prior to the holding of any competition, furnish the Council, for rules approval, with the rules relating to the adjudication of competitive exhibitions and performance of members organisations within the registered body. 11. The Council shall approve the person to preside as Judge in every Approval of adjudication of competitive exhibitions or performance by the registered presiding judge bodies. 12. Every registered body shall give adequate publicity whenever it holds any competitions or adjudication in order to ensure that there is wide participation of all members of that registered body. 13. The Council shall in carrying out competitions under these Rules follow guidelines set out in the Third Schedule. Publicity for competition
Adjudicators guidelines
PART V LICENCES
14. A person shall not promote any activity unless he is licensed by the Prohibition of Council. promotion of artistic activity without licence 15. An application for a licence, or renewal of a licence, as a promoter Application for shall be in NAC Form 2 prescribed in the First Schedule and shall be licence as lodged with the Council. promoter 16. Every application for a licence or renewal of a licence shall be Details on
accompanied by the appropriate fee and a detailed account of the applicant's previous promotions, if any. 17. (1) A licence granted under these Rules shall be personal to the applicant and shall not be transferable. (2) A holder of a licence under these Rules shall give written notice to the Council of(a) any proposed alteration to or
application
Licence not transferable
(b) the occurrence of any event which he knows affects or may affect in any material respect any matter in respect of which he was required to supply information to the Council in the course of his application for that licence; (3) A holder of a licence shall obtain the consent of the Council before(a) implementing any alteration referred to in paragraph (a) of sub-rule (2). (b) taking an action resulting from any event referred to in paragraph (b) of sub-rule (2). (4) A licensee shall not carry on, nor hold himself out, as carrying on any promotions other than that permitted by his licence. 18. Where the Council is satisified that a licence has been inadvertently lost, destoyed or defaced, the Council shall replace the licence on payment by the licence of the prescribed fee. 19. Where the Council considers it appropriate in exceptional circumstances the Council may wiave payment of all or part of the fee which would otherwise be payable under these Rules. Replacing of licence
Waive payment
20. (1) The Council may suspend, or cancel a promotor's licence if the Suspension or promoter violates any of the provisions of the Act or these Rules or is in cancellation of breach of the terms of the contract with the artist he is promoting, licence
(2) Where the Council suspends or cancels a promoter's licence, the Council shall outline the conditions of the suspension or cancellation in the letter communicating the suspension or cancellation to the promoter. (3) A promoter who is aggrieved with the Council's decision to suspend or cancel his licence may appeal to the Minister within seven days. 21. The Council may grant a temporary licence to a charitable organisation or a similar insitution or to an individual for purposes of promoting an artistic activity for a specified period of time, if the Council is satisfied that such a promotion will not result into pecuniary gain to the promoter. 22. The Council may, in granting a temporary licence under rule 21, attach to the licence the terms and conditions to be fulfilled by the promoter taking into account the nature and purpose of the promotion, and any fees to be paid, if any, and the monitoring of the promotion by the Council. 23. An application for a temporary licence shall be in NAC Form 3 prescribed in the First Schedule. Temporary licence
Conditions of temporary licence
Application for temporary licence Refund
24. Where it appears to the Council that owing to the exceptional cirumstances of a particular case, the retention by the Council of a fee which has been paid by a promoter would be inequitable, the Couincil may refund all or part of the fee to the promoter.
PART VI FOREIGN ARTISTS UNDERTAKING ARTISTIC ACTIVITIES IN ZAMBIA
25. (1) Every promoter from outside Zambia who seeks to promote an Application for artist or art dealer, in Zambia shall apply to the Council for clearance not clearance less than three calendar months prior to the holding of any artistic activity. (2) The application referred to in sub-rule (1) shall be in NAC Form 4 prescribed in the First Schedule. 26. (1) An artist or art dealer from outside Zambia shall not undertake any artistic activity, or the public promotion of that activity, without a clearance certificate issued by the Council. (2) The artist or art dealer referred to in sub-rule (1) shall apply to the Council in NAC Form 4 prescribed in the First Schedule. 27. Where the Council decides to give clearance to a promoter, artist or Conditions of art dealer, it may attach such conditions as it considers necessary and clearance may include the following: (a) that a representative of the Council may be present at some public artistic activities; (b) that a local artist or artistic group may accompany the artist from outside Zambia during the public artistic activities; and (c) that the artist from outside Zambia may be requested to conduct workshops, clinics or training sessions for local artists to help promote the artistic excellence of local artists. 28. Every application for clearance shall be endorsed by two representatives of the appropriate registered body supporting such appliction. 29. (1) On receipt of the application for clearance the Council shall without undue delay give or refuse to give clearance to the promoter. (2) Where a Council refuses to give clearance it shall furnish reasons for such refusal. Endorsement on application Artists from outside Zambia
Reasons for refusal
30. An applicant whose application has been rejected by the Council may appeal to the Minister within twenty-one days.
Appeal to Minister
31. During the artistic activities of an artist from outside Zambia, the Cancellation of Council shall, in consultation with the appropriate registered body clearance reserve the right to cancel the clearance of the artist if the continuation of the artistic activity is, in the opinion of the Council, repugnant to, or inconsistent with, the provision of any law for the time being in force in Zambia or that the artistic activity is contrary to public interest. 32. A promoter of the artist from outside Zambia shall pay a Clearance fee clearance fee to the Council calculated as ten per centum of the expected income or five thousand fee units whichever is the less before the clearance certificate is issued. 33. All artistic activities which are non comercial and are promoted on Cutlural exchanges a cultural exchange basis between the Government of the Republic of Zambia and foreign governments shall be cleared by the Council and no fee and such clearance shall be on condition that to the artist, or promoter does not realise any income as a result of the artistic activity.
PART VII GENERAL

34. Every member of the Council shall have one vote in all meetings of Voting powers the Council or a committee created by the Council. 35. All books of account and financial records of registered bodies Inspection of shall be subject to inspection by the Council or any auditor appointed by accounts the Council to carry out such inspection. 36. Every clearance certificate, licence or any authorisation given by the Council shall specify the period of validity. Validity period
37. Any person who contravenes any of the provisions of these rules Offences and shall be guilty of an offence and shall be liable upon conviction to a fine penalties not exeeding five thousand penalty units.
FIRST SCHEDULE (Rule 2) NATIONAL ARTS COUNCIL OF ZAMBIA NAC FORM 1

APPLICATION FOR REGISTRATION AS REGISTERED BODY To: The Register of National Arts Associatios P.O. Box Lusaka 1. We hereby apply for registration of: (Full names of Association) 2. Full address, telephone number and location of the headquarters of the Association: 3. 4. 6. 7. Founded: Day, (Month and Year) Current affiliated Provincial Associations: Current number of affiliated clubs: We attach hereto the following documents:
5. Other affiliated Associations:
(a) Two copies of the current consitution of the association or organisation; (b) A memorandum duly signed by the Chairman and Secretary giving the following information: (i) the names and addresses of the office bearers of the asociation or organisation; (ii) (iii) the funds available and the sources of revenue; the principal and other places of operation;
(iv) details of past actitivies, future plans and budgetary requirements for current and subsequent years. (c) A list of names and addresses of all International arts federations to wich the Association is affiliated. (d) A list of names and addresses of all clubs affiliated to the Association. (e) Minutes of the previous annual general meeting of the Association at which the association resolved to apply for registration. (f) Statement on the programme of action, both short and long term.
Full name. .......................................... Signature ........................................... Chairman ...........................................
Full Name Signature Secretary
NATIONAL ARTS COUNCIL OF ZAMBIA NAC FORM 2

APPLICATION FOR A LICENCE AS A PROMOTER (Rule 15) To: The Director of the Council P.O. Box Lusaka 1. 2. 4. Full name and promotional name, if any, or promoter: Full address, telephone number and telefax numbers of promoter: Full name and address of bankers (for reference purposes):
3. Full physical address of busines premises: 5. Type of artistic activity expected to be promoted during the validity of licence: 6. Venue or venues and proposed dates (where known) for artistic activity: 7. List of previous major promotions, if any, and dates when the took place; 8. Endorsement by two representatives of the appropriate registered body: (a) (b) Name of registered body; Name of official: Designation: Signature: Name of official: Designation: Signature: Date of endorsement: Name of applicant: Signature of applicant: Date of application:
(c)
(d) 9. 10. 11.

APPLICATION FOR A TEMPORARY LICENCE AS A PROMOTER (Rule 21) To: The Director of the Council P.O. Box Lusaka 1. 2. 4. 5. Full name and promotional name, if any: Full name, telephone and telefax numbers of promoter: Type of artistic activity to be promoted: Venue or venues and proposed dates for the artistic activity:
3. Full physical address of the business premises:
6. Endorsement by two representatives of the appropriate registered body: (a) (b) Name of registered body; Name of official: Designation: Signature: Name of official: Designation: Signature: Date of endorsement: Name of applicant: Signature of applicant: Date of application:
(c)
(d) 7. 8. 9.

APPLICATION FOR CLEARANCE FOR FOREIGN ARTISTS (Rule 25) (to be received not less than 3 months prior to the activity) To: The Director of the Council P.O. Box Lusaka 1. Full names of foreign promoter:/artist/art dealer: 2. Full address, telephone and telefax numbers of foreign promoter: artist/art dealer: 3. Full names of local counterpart promoter: 4. Full address, telephone and telefax numbers of local counterpart promoter: 5. Full names and address of the main artist and promotional name, if any, of the artist to be promoted in Zambia and country or countries of origin: 6. Full names and address of agent or manager of the foreign artists: 7. Full list of all individual members of the entourage together with their individual details of passport numbers, issuing authorities and dates of expiry: 8. 9. Proposed dates of entry into and exit from Zambia: List of proposed venues for the artistic activity:
10. Full list of equipment, instruments, materials, to be temporarily imported into Zambia for the artistic activity and to be exported after the artistic activity has been completed: 11. List of items intended to be sold in Zambia, and their values during or after the artistic activity: 12. (a) The application is to be accompanied with: a copy of a valid local counterpart promoter's licence.
(b) a copy of a contract between the artist/agent/manager and the promoters with details of payment arrangements. (c) a non-refundable administrative and scrutiny charge. (N.B. The clearance fee of ten per cent of the estimated gross income of the artistic
activity shall be paid when the Council approves the application). 13. Endorsement by two representatives of the appropriate registered body: (a) (b) Name of registered body: Name of official: Designation: Signature: Name of official: Designation: Signature: Date of endorsement: Name of applicant: Signature of applicant: Date of application:
(c)
(d) 14. 15. 16.
Please note that no promotion of the artistic activity, by advertisement or otherwise, outlined in this application is allowed to be undertaken in any manner before a clearance certificate is obtained from the Council, and failure to comply with this Council Rule may render the application invalid.
SECOND SCHEDULE
(Rule 3) FEES AND CHARGES Fee Units 1. Registered as a registered body 2. Replacement of a certificate of registration 3. Annual subscription to the Council 4. Licence as a promoter (individual/promotional organisation) 5. 6. 7. Replacement of licence Licence as a promoter (tourist establishments) Replacement of Licence 100 50 3500 3000 2000 5000 3000 10% of
8. Clearance certificate for foreign artists estimated income 5000 is the less 9. Administrative and scrutiny charge for all applications to the Council of fee
gross artistic activity or units whichever
200
THIRD SCHEDULE
NATIONAL ARTS COUNCIL OF ZAMBIA (Rule 13) ADJUDICATORS GUIDELINES N.B. The NAC should look at the existing Adjudicators Guidelines and incorporate them in this Schedule with inclusions, if any, or those forms of the arts not already included.

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VOLUME 11

CONTENTS Chapter 153. Hotels Act Broadcasting

Printed Publications Act Clubs' Registration Act Lotteries Act Mass

CHAPTER 153 THE HOTELS ACT

PART I PRELIMINARY Section 1. 2. Short title Interpretation

PART III ADMINISTRATION 11. Secretary and other staff

Act No. 27 of 1987 13 of 1994

Short title Interpretation

a Chairman and a Vice-Chairman; an Advocate of the High Court for Zambia;

(c) (d) (e) and (f)

not more than three other members.

if he is convicted of an offence involving dishonesty. Remuneration and allowances

(4) Sections eight and nine shall apply to members of a committee.

(g) (i) (ii)

THE HOTELS ACT

THE HOTELS REGULATIONS [ARRANGEMENT OF REGULATIONS]

Revoked by S.I. No. 162 of 1985 Revocation

SECTION 15- HOTELS REGULATIONS Regulations by the Minister

Statutory Instrument 161 of 1983 162 of 1985

Factors governing classification

Revoked by S.I. No. 162 of 1985

The Hotels Regulations are hereby revoked.

Revocation of S.I. No. 106 of 1983

For Official Use Only 1 .............................. 2 .............................. 3 .............................. 4 .............................. 5 ..............................

THE HOTELS ACT FORM 1 (Regulation 3 (1))

Municipal valuation of property Number of bedrooms:

(a) Single TOTAL..

(b) Double TOTAL..

No ................ With bathroom and no W.C No.......... With bath-

No ................ Without bathroom and with H. & C. No.......... Without bath-

No ................ Without H. & C. No.......... Without

room and no W.C. 8. Number of: (a) ladies' bathrooms *

room but with H. & C.

(b) gentlemen's bathrooms For resident guests: (c) ladies' lavatories *

For Official Use Only 1 .............................. 2 .............................. 3 .............................. 4 .............................. 5 ..............................

THE HOTELS ACT FORM 2 (Regulation 3 (2))

THE HOTELS ACT FORM 3 (Regulation 3 (4))

THE HOTELS ACT FORM 4 (Regulation 3 (4))

THE HOTELS ACT FORM 5 (Regulation 6)

THE HOTELS ACT FORM 6 (Regulation 10)

Chairman, The Hotels Board Date .............................. Place

THE HOTELS ACT FORM 7 (Regulation 11)

Statutory Instrument 21 of 1983

MINIMUM REQUIREMENTS FOR ALL HOTELS

8. All bedroom doors shall have locks maintained in safe working

ADDITIONAL REQUIREMENTS FOR GRADED HOTELS

to be documents of Hotels Board

Statutory Instrument 132 of 1992 71 of 1994 117 of 1996

TABLE 1-HOTEL LICENCE FEES

TABLE 2-LODGE AND CAMP LICENCE FEES

TABLE 3-BOARDING AND GUEST HOUSE LICENCE FEES

TABLE 4-MANAGER'S LICENCE FEES

6. 7. 8. 9. 10. 11. 12. 13.

389 333 333 333 333 333 165 167

(As amended by S.I. No. 117 of 1996)

CHAPTER 154 THE ZAMBIA NATIONAL BROADCASTING CORPORATION ACT

PART I PRELIMINARY Section 1. 2. Short title Interpretation

ZAMBIA NATIONAL BROADCASTING CORPORATION

Act No. 16 of 1987 13 of 1994 20 of 2002

connected with or incidential to the foregoing. [24th April, 1987]

PART II ZAMBIA NATIONAL CORPORATION BROADCASTING

Constitution of Board of Directors

Establishment and operation of general reserve account

Statutory Instrument 178 of 1993 Act No. 13 of 1994