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VOLUME 16

CONTENTS Chapter 281. Chapter 282. Chapter 283. Chapter 284. Chapter 285. Chapter 286. Chapter 287. Chapter 288. Chapter 289. Chapter 290. Chapter 291. Chapter 292. Chapter 293. Chapter 294. Local Government Act Local Government Elections Act Town and Country Planning Act Local Authorities Superannuation Fund Act Vacant Provincial and District Boundaries Act Chiefs Act District Messengers Act Registration and Development of Villages Act Markets Act Gwembe District Special (Dissolution) Act Vacant Vacant Vacant

CHAPTER 281 THE LOCAL GOVERNMENT ACT
ARRANGEMENT OF SECTIONS

PART I PRELIMINARY Section 1. 2. Short title Interpretation

PART II ESTABLISHMENT OF COUNCILS 3. 4. 5. Establishment of Councils and Management Boards Cities Changes Affecting Districts

PART III CONSTITUTION OF COUNCILS 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. Incorporation of Councils Corporate name of council Seal Composition of Council Repealed by Act No. 30 of 1995 Disqualification of councillors Election of Councillors Tenure of office of councillors Vacation of office by councillor Filling of casual vacancy Election of Mayor, Deputy Mayor, Chairman and Vice Chairman Tenure of office of mayor, deputy mayor, chairman and vice-chairman Vacation of office Filling of Casual vacancies of Mayor or Chairman during vacancy absence Discharge of functions of Mayor or Chairman during vacancy or absence Validity of discharge of functions

PART IV PROCEEDINGS OF COUNCILS 22. 23. Ordinary and special meetings Notice of meetings

24. 25. 26. 27. 28. 29. 30.

Quorum Presiding in council Voting in council Disability for voting on account of interest in contracts Adjournment of meetings Admission of public to meetings Minutes

PART V COMMITTEES 31. 32. 33. 34. 35. 36. 37. Standing and occasional committes Membership of committees Proceedings of committees Minutes Delegation of functions of council to committees Reports by committees Sub-committees

PART VI FINANCE 38. 39. 40. 41. 42. 43. 44. 45. 46. 47. 48. 49. Financial year Estimates of revenues and expenditure General and special funds Arrangements for handling receipts and payments Banking accounts Accounts Investment Government grants and loans Financial regulations Authority to borrow and modes of borrowing Foreign borrowing prohibited Security for borrowing and priorities of securities

50. 51. 52. 53. 54. 55. 56. 57. 58. 59. 60.

Suspension of repayment of sums borrowed Lenders relieved from certain inquiries. Appointment and remuneration of auditor Functions of auditor Production of documents and taking of evidence Deposit of accounts and representation thereon Report of auditor Powers of disallowances and surcharges Appeals against disallowances and surcharges Payment and recovery of surcharges Inspections and extraordinary audits

PART VII FUNCTIONS 61. 62. 63. 64. 65. 66. 67. 68. 69. 70. 71. 72. 73. 74. 75. Power to discharge scheduled functions General provision with respect to discharge of functions Contracts Standing orders Acquisition of land Acceptance of gifts of property Disposal of property Grants and loans by councils Imposition of levies Imposition of other fees and charges Power to pay certain fees, allowances and expenses Pensions and gratuities for officers employees and dependants Aldermen Freemen Power of Minister to confer additional functions on councils

PART VIII BY-LAWS AND REGULATIONS

Power to Make By-laws 76. 77. Penalties By-laws not to conflict with other written laws Notice of by-laws and objection thereto Confirmation of by-laws Power of Minister to amend or revoke by-laws Power to make regulations Application of regulations Regulations to prevail over by-laws or standing orders References in other written laws PART IX LOCAL GOVERNMENT ADMINISTRATOR 88. Appointment of Local Government Administrator and discharge by him of functions of council 89. Revocation of appointment Order Power to make by-laws Language of by-laws

Conferring of powers on officers and agents of council

PART X LOCAL GOVERNMENT SERVICE AND THE LOCAL GOVERNMENT SERVICE COMMISSION 90. 91. 92. Councils may appoint staff Secondment to another Council Regulations

93. Establishment of Provincial Local Government Appeals Boards 94. 95. 96. 97. Provisions relating to office of member Allowances Secretary Immunity of members

98. 99. 100. 101. 102. 103. 104. 105. 106.

Oath of office Powers of Boards Performance of functions of Boards Offence of supplying false information Certain Communications to be priviledged Unauthorised disclosure of information Offence to influence to attempt to influence Board Repealed by Act No. 30 of 1995 Fiat of Director of Public Prosecutions

PART XI FIRE SERVICE 107. Fire Services

PART XII MISCELLANEOUS PROVISIONS 108. 109. 110. 111. 112. 113. 114. 115. 116. faith Authentication of documents and execution of deeds Inspection of documents Public notice Service of documents Legal proceedings Evidence Penalties for obstruction Powers of arrest Protection for officers and employees of council acting in good

117. Validity of discharge of functions by officers and employees of council 118. 119. 120. Provincial and District Local Government Officers Powers of Minister to approve or determine matters Inquiries PART XIII

REPEAL, SAVINGS AND TRANSITIONAL 121. 122. Repeal and Transitional provisions Savings

123. Savings and transitional provisions consequent on the enactment of Act No. 30 of 1995 FIRST SCHEDULE-Transfer and vesting powers SECOND SCHEDULE-Functions of councils THIRD SCHEDULE-Oath of members of commission FOURTH SCHEDULE-Oath of Secretary and other employees of council
CHAPTER 281 LOCAL GOVERNMENT ACT

An Act to provide for an integrated three tier local administration system; to define the functions of local authorities; to repeal the Local Administration Act and certain related laws; and to provide for matters connected with or incidental to the foregoing. [6th September, 1991]

Act No. 22 of 1991 Act No. 19 of 1992 30 of 1993 13 of 1994 30 of 1995 22 of 1995 9 of 2004

ENACTED by the Parliament of Zambia. PART I PRELIMINARY 1. (1) This Act may be cited as the Local Government Act. 2. In this Act, unless the contest otherwise requires"area", in relation to a council, means the District for which the council has been established under this Act; "Board" means a Provincial Local Government Appeals Board established under section ninety-three.

Enactment

Short title
Interpretation

"building" includes any structure, whether of a permanent or temporary nature, and a part of a building or structure; "city" means a District for which a city is established under this Act; "city council" means a city council established under this Act; "committee" means a committee of a council; "control" includes, regulate, inspect, supervise and licence; "council" means a city council, municipal council, or district council; "councilor" means a person elected under the Local Government Elections Act as a councillor; "district council" means a district council established under this Act; "District" means a District declared under the Provincial and District Boundaries Act; "employee" in relation to a council, means a person employed by a local authority other than an officer; "erection" in relation to a building, includes the alteration or enlargement of a building; "establish" when used relating to the functions of a council, includes acquire, erect, build, construct, name, hire, equip and furnish; "financial regulations" means regulations made under section forty-six of this Act; "land" shall have the meaning assigned thereto by the Land Act; "levy" means a levy imposed under this Act; "maintain," when used in relation to the functions of a council, includes Cap. 184 Cap. 286

carry on, manage, operate and keep in repair; "member" means a member of the Board; "municipal council" means a municipal council established under this Act; "municipality" means a District for which a municipal council is established under this Act; "officer", in relation to a council, means a person employed in the permanent establishment of a council, and includes a person appointed on probation in such establishment; "principal officer" means of the Chief Executive Officer of a council and includes any person for the time being discharging the functions of the Chief Executive Officer; "private street" means any street other than a public street; "property" includes all property, movable and immovable, and all estates, interest, easements and rights whether equitable or legal; "the public", when used in relation to meetings of a council or committee, includes representatives of the Press; "public street" means(a) any street entered in a register of streets and roads compiled and maintained by a council; and (b) any street which is taken over by a council and designated as a public street; "Secretary" means the Secretary of a Board holding office in accordance with section ninety-six; "street" includes any bridge, road, avenue, lane, sanitary lane, footway or causeway and any pavement of footwalk forming part thereof;

"transfer and vesting order" means a statutory order made under section five or section one hundred and twenty; "treasurer", in relation to any council for which no treasurer has been appointed, means the principal officer of the council; "water-course" includes a canal and a canoe channel; "water main" includes conduits, pipelines, valves, valve chambers, meters, meter-houses, break-pressure tanks, scour chambers, scour pipes, culverts, cuts, bridges, tunnels and all other things necessary in connection with any water main; "waterworks" includes streams, springs, weirs, boreholes, dams, pumping stations, reservoirs, tanks, sluices, machinery, buildings, lands and all other works and things necessary for taking, impounding, discharging, storing, treating and filtering water. (As amended by Act No. 19 of 1992 and Act No. 30 of 1995)

PART II ESTABLISHMENT OF COUNCILS 3. For the purposes of local government, the Minister may, by statutory order, establish for any District, a city council, municipal council, district council, township council or management board as the case may be, and the name of the council or management board shall include the name of the District: Provided that a township council or management board shall be established under this section only on the recommendation of the appropriate city council, municipal council or district council. As amended by Act No. 19 of 1992 4. (1) The President, may by statutory proclamation, confer on any Cities municipal council established therefor the status respectively of a city and a city council and shall determine the name by which such city and city council shall be known. Establishment of councils and management boards

(2) On and after the date on which a proclamation under this section has effect, any reference in any written law, contract or other instrument or document to the name of the municipality or municipal council to which the proclamation relates shall be constructed as a reference to the name of the city or city council, as the case may be, as determined by the proclamation. 5. (1) Whenever as a consequence of any statutory order made by the President under the Provincial and District Boundaries ActChanges affecting Districts Cap. 286

(a) (b) (c)

a new District is established; the area of any District is altered; a District ceases to exist;

the Minister may, by statutory order (in this Act referred to as a transfer and vesting order), make any such provisions as may be in accordance with the First Schedule for such changes as are necessary or appropriate as regards the constitution, property, rights, obligation and staff of, and any other matter relating to, any council affected by a change in its area, any new council or any council established for a District which ceases to exist. (2) Where a District ceases to exist, a transfer and vesting order made in respect of the council established for that District shall include provision for the disestablishment of the council. (3) Where the name of any District is changed, the name of the council established for that District shall be changed to conform with that of the District.

PART III COUNSTITUTION OF COUNCIL

Councils 6. Every council shall be a body corporate with perpetual succession Incorporation of and a common seal, capable of suing and of being sued in its corporate councils name, and with power, subject to the provisions of this Act and of any other written law, to do all such other 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 as set out in this Act. 7. (1) Subject to the provisions of subsections (1) and (2) of section four, the corporate name of a council shall be such name as may be assigned thereto in the statutory order establishing the council. (2) The Minister may, subject to the provisions of subsection (1) by statutory order and after consultation with the Council, alter the corporate name of a council. Seal 8. (1) The common seal of a council shall be such device as may be prescribed by the Minister by statutory order after consultation with the council. (2) A council may use such rubber stamp in lieu of a common seal as the Minister may approve until such time as a common seal can be procured. 9. (1) A council shall consist ofComposition of council Corporate name of council

(a)

the members of Parliament in the district;

(b) two representatives of the Chiefs, appointed by all the Chiefs in the district; and (c) all the elected councillors in the district.

(2) After consultation with a council, the Minister may, by statutory order, alter the number of councillors of which the council consists.

(As amended by Act No. 19 of 1992 and Act No. 30 of 1995) 10. Repealed by Act No. 30 of 1995. Disqualification of councillor

11. No person shall be qualified for election as a councillor who is disqualified from election to a council under the Local Government Elections Act.

12. (1) The councillors of a council who are required to be elected shall Election of be elected in accordance with the provisions of the Local Government Councillors Elections Act. Cap. 282 (2) A representative of the Chief shall be appointed to hold office under paragraph (b) of subsection (1) of section nine in such manner, and for such term, not exceeding three years, as the chiefs in the district shall determine. (As amended by Act No. 30 of 1995) 13. Subject to sections fourteen and fifteen, the councillors of a council Tenure of office shall hold office for the duration of the period prescribed under the of Councillors Local Government Elections Act. 14. (1) The office of a councillor shall become vacantVacation of office by councillor

(a) if the holder of the office dies or resigns from his office by notice in writing addressed to the council; or (b) if the circumstances arise that, if the holder of the office were not a councillor would disqualify him for election as such; or (c) if the holder of the office accepts any remuneration for or on account of anything done as a councillor, other than a fee or allowance authorised by or under this Act; or (d) if, having been elected to office as the endorsed candidate of a political party, the holder of the office ceases to be a member of that

party; or (e) if the holder of the office-

(i) being a member of a political party joins a political party other than the one of which he was an authorised candidate when he was elected; (ii) (iii) resigns from a political party to become an independent; or being an independent, joins a political party;

(f) If the holder of the office is, without leave given at any meeting by resolution of the council of which he is a councillor absents himself from three consecutive ordinary meetings of the council. (2) The resignation of any councillor from his office shall take effect when the notice signifying the resignation is received by the principal officer of the council. (3) Every vacancy occurring in accordance with the preceeding provisions of this section shall be a casual vacancy in the membership of a council and the principal officer of the council shall give public notice thereof. (4) When a member of Parliament in the district ceases to be a member of Parliament, his office as a councillor shall be vacant until the corresponding vacancy in the National Assembly is filled. (As ammended by Act No. 30 of 1993 and Act No. 30 of 1995) 15. (1) A casual vacancy occurring in the membership of a council shall Filling of casual be filled in accordance with the provisions of the Local Government vacancies Elections Act. (2) A councillor elected to fill a casual vacancy in the membership of a council shall subject to the provisions of the subsection (1) of section fourteen hold office until the expiration of the period during which the councillor whose place he fills would, but for his office becoming vacant, have continued in office. Mayor, Deputy Mayor, Chairman and Vice-Chairman

16. (1) There shall be-

Election of mayor, deputy mayor, Chairman and Vice Chairman

(a)

for every city or municipal council, a mayor and a deputy mayor;

(b) for every township or district council, a chairman and vice chairman; who shall be elected by the council from among persons who are Councillors. Provided that a councillor who is a member of Parliament or a chief shall not be eligible for the office of Mayor, Deputy Mayor, Chairman or Vice-Chairman of the council. (2) The mayor, deputy mayor, chairman or vice-chairman of a council shall be elected annually at the first ordinary meeting of council held after the 1st September in that year. (3) No person shall hold office as mayor, deputy mayor, chairman or vice-chairman of a council for more than two consecutive terms and where a person has held any such office for two consecutive terms he may not be elected to that office again until after the expiration of two years from the date on which he last held such office. (As ammended by Act No. 19 of 1992 and Act No. 30 of 1995) 17. The mayor, deputy mayor, chairman and vice chairman of a council Tenure of office shall, subject to the provisions of this Act, hold office until his successor of Mayor, is elected. deputy mayor, chairman and vice-chairman

18. (1) The office of the mayor, deputy mayor, chairman or vice-chairman of a council shall become vacant(a) if the holder of the office dies, resigns from his office by notice in writing addressed to the principal officer of the council; or

Vacation of office

(b)

if the holder of the office ceases to be a councillor; or

(c) if the holder of the office is removed from office by a resolution of the council supported by the votes of not less than two-thirds of the whole number of councillors of which the council consists; or (d) if the holder of the office is, without the leave of the council, continuously absent from the area of the council for a period of more than two months; or (e) in the case of the office of deputy mayor or vice-chairman, if the holder of the office is elected to the office of mayor or chairman, as the case may be. (2) The resignation of any person from the office of mayor, deputy, mayor chairman or vice-chairman of a council shall take effect when the notice signifying the resignation is received by the principal officer of the council. (3) Every vacancy occuring in accordance with the provisions of this section shall be a casual vacancy in the office of mayor, deputy mayor, chairman or vice-chairman, as the case may be of a council and the principal officer of the council shall give notice thereof to the council. 19. (1) On a causal vacancy occurring in the office of a mayor, deputy mayor, chairman or vice-chairman of a council, a successor shall be elected to fill the vacancy not later than the next ordinary meeting of the council held after the date on which the vacancy, or, if that meeting is held within seven days after that date, then not later than the next following ordinary meeting of the council. (2) A person elected to fill a causal vacancy in the office of mayor, deputy mayor, chairman or vice-chairman of a council shall, subject to the provisions of this Act, hold office until the expiration of the period during which the person whose place he fills would, but for his office becoming vacant, have continued in office. 20. Whenever the office of mayor or chairman of a council is vacant or Discharge of the mayor or chairman is absent or is for any other cause prevented from functions of Filling of casual vacancies of mayor or chairman during vacancy or absence

or incapable of discharging the functions of his office(a) the deputy or vice-chairman of the council; or (b) if the office of deputy mayor or vice-chairman is vacant or the deputy mayor or vice-chairman is absent or is for any other cause prevented from or incapable of discharging the functions of his office, a councillor elected by the council; shall discharge the functions of the office of the mayor or chairman of the council.

mayor or chairman during vacancy or absence

21. Any functions discharged by a person purporting to hold or Validity of discharge the functions of the office of mayor, deputy mayor, chairman discharge of or vice-chairman of a council shall not be invalidated only by reason of a functions defect afterwards discovered in the election or qualifications of such person.

PART IV PROCEEDINGS OF COUNCIL 22. (1) A council shall hold an ordinary meeting for the transaction of Ordinary and business not less often than once in every three months at such place, on special such day and at such time as the council may meetings appoint: Provided that the first ordinary meeting of a council newly established under this Act shall be held at such place, on such day and at such time as the Minister may appoint. (2) The mayor or chairman of a council may convene a special meeting of the council at any time, and shall convene a special meeting within twenty-one days, or such lesser period as may be prescribed by the standing orders of the council, after he receives a written request therefor signed by not less than one-third of the whole number of councillors of which the council consists and stating clearly the purposes for which the special meeting is to be convened. 23. (1) The principal officer of a council shall, not less than twenty-four Notice of hours before the time appointed for the holding of a meeting of a meetings

council, notify every councillor in writing of the place, day and time of the meeting and of the business proposed to be transacted at the meeting. (2) No business shall be transacted at a special meeting of a council other than that specified in the notice relating thereto. 24. (1) Subject to the provisions of this section(a) at an ordinary meeting of a council, one-half of the whole number of councillors of which the council consists shall form a quorum etc. (b) at a special meeting of a council, two-thirds of the whole number of councillors of which the council consists shall form a quorum. (2) Where, owing to(a) (b) vacancies in the membership of a council; or the disablement of councillors under section twenty-seven; or Quorum

(c) a combination of the circumstances referred to in paragraphs (a) and (b); less than two-thirds of the whole number of councillors of which a council consists are at the same time able to take part in the consideration or discussion of, or to vote on, any question, the quorum of the council in any proceedings relating to that question shall be determined by reference to the number of councillors who actually hold office on the council and who are not under a disablement imposed by section twenty-seven instead of by reference to the whole number of councillors of which the council consists. 25. There shall preside at any meeting of a council(a) the mayor or chairman. (b) in the absence of the mayor or chairman, the deputy mayor or vice-chairman; or (c) in the absence of the mayor and the deputy mayor or the chairman and the vice-chairman, such councillor as the council may elect for that meeting. Presiding in council

26. (1) Save as otherwise provided by this Act or any other written law, Voting in any question proposed for decision by a council shall be determined by a council majority of the votes of the councillors present and voting at a meeting of the council at which a quorum is present. (2) At all meetings of a council, each councillor present shall have one vote on a question proposed for decision by the council and, in the event of any equality of votes, the person presiding at the meeting shall have, in addition to a deliberative vote, a casting vote. 27. (1) If a councillor has any pecuniary interest, direct or indirect, in any contract, proposed contract or of other matter, and is present at a meeting of the council at which the contract or other matter is the subject of consideration, he shall, at the meeting, as soon as is practicable after the commencement thereof, disclose the fact, and shall not take part in the consideration or discussion of, or vote on any question with respect to, the contract or other matter. Provided that this section shall not apply to an interest in a contract or other matter which a councillor may have as an occupier of a house owned by the council or as a rate payer or inhabitant of the area of the council or as an ordinary consumer of electricity or water, or to an interest in any matter relating to the terms on which the right to participate in any service, including the supply of goods, is offered to the public. (2) For the purposes of this section, a person shall be treated as having indirectly a pecuniary interest in a contract or other matter, if(a) he or any nominee of his is a member or director of a company or other body with which the contract is made or is proposed to be made or which has a direct pecuniary interest in the matter under consideration; or (b) he is a partner, or is in the employment, of a person with whom the contract is made or is proposed to be made or who has a direct pecuniary interest in the other matter under consideration: Provided thatDisability voting on account of interest in contracts

(i) this subsection shall not apply to membership of, or employment under, any statutory corporation; (ii) a member or director of a company or body shall not, by reason only of his membership or directorship, be treated as being so interested if he is not beneficially interested in any shares of that company or other body. (3) Where a councillor has indirectly a pecuniary interest in a contract or other matter and would not fall to be treated as having such an interest but for the fact that he has a beneficial interest in shares of a company or other body then, if the total nominal value of these shares does not exceed one-hundredth of the total nominal value of the issued share capital of the company or body, so much of subsection (1) as prohibits him from taking part in the consideration or discussion of, and from voting on any question with respect to, the contract or other matter shall not apply to him, without prejudice, however, to the duty of disclosure imposed by subsection (1): Provided that where the share of the company or other body is of more than one class, this subsection shall not apply if the total nominal value of all the shares of any one class in which he has a beneficial interest exceeds one-hundredth part of the total issued share capital of that class of the company or other body. (4) In the case of married persons living together, the interest of one spouse shall, if known to the other be deemed for the purpose of this section to be also an interest of that other spouse. (5) A general notice given in writing to the principal officer of a council by a councillor to the effect that he or his spouse is a member or director or in the employment of a specified company or other body, or that he or his spouse is a partner or in the employment of a specified person, shall, unless and until the notice is withdrawn, be deemed to be a sufficient closure of his interest in any contract, proposed contract or other matter relating to that company or other body or to that person which may be the subject of consideration after the date of the notice. (6) The principal officer of a council shall record in a book to be kept for that purpose, particulars of any disclosure made under subsection

(1), and of any notice given under sub-section (5), and the book shall be open at all reasonable times to the inspection of any councillor. (7) If any person fails to comply with the provisions of subsection (1), he shall for each offence be liable on conviction to a fine not exceeding four hundred penalty units, unless he proves that he did not know that a contract, proposed contract or other matter in which he had a pecuniary interest was the subject of consideration at the meeting. (8) No prosecution shall be instituted against any person for an offence under this section except by or on behalf of the Director of Public Prosecutions. (9) The Minister may, subject to such conditions as he may think fit to impose, remove any disability imposed by this section in any case in which the number of councellors so disabled at any one time would be so great a proportion of the whole as to impede the transaction of business, or in any other case in which it appears to the Minister that it is in the interests of the inhabitants of the area of council that the disability should be removed. (10) In this section, the expression "shares" includes stock and debentures and the expression "share capital" shall be construed accordingly. (As amended by Act No. 13 of 1994) 28. (1) A council may adjourn any meeting of the council from time to Adjournment of time and from place to place. meetings (2) If at any meeting of a council a quorum is not present, the councillors present or, if there are no councillors present, the principal officer of the council shall adjourn the meeting and may appoint for the adjourned meeting such place, day and time as may be considered suitable. 29. (1) Subject to the provisions of subsection (2), all meetings of a council shall be open to the public. Admission of public to meetings

(2) A council may, by resolution, exclude the public from a meeting (whether during the whole or any part of the proceedings) whenever publicity would be prejudicial to the public interest by reason of the confidential nature of the business to be transacted or for other special reasons stated in the resolution and arising from the nature of that business or of the proceedings. (3) The provision of this section shall be without prejudice to any power of exclusion conferred by the standing orders of a council for preserving order at meetings of the council; and nothing in this section contained shall be construed as requiring a council to permit the taking of photographs of any proceedings, or the use of any means to enable persons not present to see or hear any proceedings (whether at the time or later) or the making of any oral report on any proceedings as they take place. 30. (1) A council shall cause minutes to be kept in the English language Minutes of the proceedings at every meeting of the council and shall cause to be recorded therein the names of the councillors present at that meeting. (2) The minutes of the proceedings of a council shall, after amendment if necessary, be confirmed by the council as a true record of the proceedings and signed by the person presiding at the same or the next meeting of the council. (3) Within one month after the minutes of any proceedings of a council have been confirmed and signed, there shall be furnished to the Minister such number of copies thereof as the Minister may determine. (4) The minutes of the proceedings of a council, other than proceedings from which the public have been excluded in pursuance of a resolution adopted under subsection (2) of section twenty-nine, shall, at all reasonable times, be open to the inspection of any interested person.

PART V COMMITTEES

31. (1) A council may establish standing and occasional committees Standing and consisting of such number of members as the council may determine, for occasional the purpose of examining and reporting on any matter and of committee discharging any functions of the council delegated to them under this Act. (2) A council consisting of more than six councillors shall in the exercise of the powers conferred by subsection (1), establish a standing committee (hereinafter referred to as the Finance Committee) for the purpose of(a) advising the council on financial matters; and

(b) discharging such functions of the council relating to finance as may be delegated to it under this Act or as may be conferred or imposed upon it by or under any other written law. (3) A council may abolish any committee, other than the Finance Committee, established by it under this section. 32. (1) The members of a committee shall be appointed by the council Membership of from amongst persons who are councillors or are qualified for election committees as councillors. Provided that(i) no person other than a councillor shall be a member of the Finance Committee; (ii) not less than two-thirds of the members of a committee, other than the Finance Committee, shall be councillors. (2) A person shall cease to be a member of a committee if(a) being a councillor at the time of his appointment, he ceases to be a councillor; or (b) not being a councillor at the time of his appointment, he ceases

to be qualified for election as a councillor; or (c) his appointment is revoked by the council.

(3) There shall be a chairman of every committee, who shall be elected by the committee from amongst the members of the committee who are councillors and who shall hold office until such time as(a) (b) he ceases to be a member of the committee; or he is removed from office by the committee:

Provided that, in the exercise of its powers under this subsection, a committee shall act in accordance with any directions of the council. 33. (1) Meetings of a committee shall be held as required and may be adjourned from time to time and from place to place. (2) Meetings of a committee shall not be open to the public. The quorum at a meeting of a committee shall be such number of members as may be prescribed by the Standing orders of the council or, if no quorum is so prescribed, two members. (4) There shall preside at any meeting of a committee(a) the chairman; or Proceedings of committees

(b) in the absence of the chairman, such member of the committee as the committee may elect for that meeting. (5) Any question proposed for decision by a committee shall be determined by a majority of the votes of the members present and voting at a meeting of the committee at which a quorum is present. (6) At all meetings of a committee, each member present shall have one

vote on a question proposed for decision by the committee and, in the event of an equality of votes, the person presiding at the meeting shall have, in addition to a deliberative vote, a casting vote. (7) Section twenty-seven shall apply in respect of members of a committee as it applies in respect of councillors, subject to the following modifications: (a) references to meetings of the committee shall be substituted for references to meetings of the council; (b) the right of persons who are members of the committee but not councillors to inspect the book to be kept under subsection (6) of the said section shall be limited to an inspection of the entries in the book relating to members of the committee. 34. (1) A committee shall cause minutes to be kept in the English Minutes language of the proceedings at every meeting of the committee and shall cause to be recorded therein the names of the members of the committee present at that meeting. (2) The minutes of the proceedings of a committee shall, after amendment if necessary, be confirmed by the committee as a true record of the proceedings and signed by the person presiding at the same or the next ensuring meeting of the committee. (3) Within one month after the minutes of any proceedings of a committee have been confirmed and signed, there shall be furnished to the Minister such number of copies thereof as the Minister may determine. (4) The minutes of such proceedings at a meeting of a committee as relate to the discharge of functions delegated to it by the council shall, at all reasonable times, be open to the inspection of any interested person: Provided that the provisions of this subsection shall not apply to the minutes of any proceedings the disclosure of which is deemed by the committee to be prejudicial to the public interest.

35. (1) Subject to the other provisions of this section, a council may delegate, either absolutely or conditionally, to a committee or to any officer of the council the power to discharge any function of the council on behalf of the council. (2) A council shall not(a) delegate the power to discharge any functions of the council to a committee which includes persons who are not councillors; or (b) (i) (ii) (iii) (iv) (iv) (vi) delegate to any committee the powerto make and levy a rate; or to adopt estimates of the revenues and expenditure of the council; or to borrow money; or to impose fees and charges; or to make by-laws; or in the case of a city council or municipal council, to make appointments to the dignity of alderman or to admit or annul the admission of a person to the status of honorary freeman of the city or municipality.

Delegation of meetings of councils to committee.

(3) A council may withdraw or alter any delegation to a committee, but no such withdrawal or alteration shall affect anything done in pursuance of any decision lawfully taken by the committee. (4) Any function discharged by a committee in the exercise of powers delegated to it under this section shall be deemed to have been discharged by the council. (As amended by Act No. 19 of 1992) 36. At one of the next two ordinary meetings of a council held after a Reports by meeting of a committee, the proceedings at the meeting of the committees committee shall be reported to the council for its consideration or, in the case of proceedings which relate to the discharge of functions delegated to the committee, for its information.

37. (1) A committee may, from amongst its members, appoint sub-committees for the purpose of examining and reporting on any matter. (2) Subject to the provisions of the standing orders of a council, a sub-committee shall determine its own procedure. (3) A sub-committee shall not discharge any functions of the council which have been delegated to the committee by which it was appointed.

Sub-committees

PART VI FINANCE General 38. The financial year of a council shall be the period of twelve months Financial year ending on the 31st December in each year. 39. (1) A council shall cause to be prepared and shall adopt estimates (to be called annual estimates) of revenues and expenditure of the council and shall, at least sixty days before the commencement of a financial year, submit such annual estimates for the approval of the Minister. (2) Where in any financial year it appears to a council that expenditure for a special purpose is desirable and that no provision or insufficient provision has been made for it in annual estimates for that year, the council may cause to be prepared and adopt supplementary estimates in respect thereof for the approval of the Minister. (3) All annual and supplementary estimates of a council shall be prepared in such form and contain such information as may be prescribed by financial regulations. (4) A council shall not incur any expenditure which is not included in Estimates of revenues and expenditure

the annual estimates of the council: Provided that if the annual estimates of the council have not been approved by the Minister, the council may continue to incur expenditure on charges which become due in respect of inescapable commitments. (5) The annual estimates of a council shall, at all reasonable times, be open to the inspection of any interested person. 40. (1) All receipts of a council shall be carried to a general fund and all General and liabilities falling to be discharged by the council shall be discharged out special funds of that fund. (2) A council may, in accordance with financial regulations, establish special funds as part of the general fund, and shall establish any such fund if required by or under financial regulations to do so. 41. Subject to the provisions of financial regulations, a council shall make safe and efficient arrangements for the receipt of moneys paid to it and the issue of moneys payable by it and those arrangements shall be carried out under the supervision of the treasurer of the council. Arrangements for handling receipts and payments

42. (1) A council shall open and keep in its name a banking account and Banking may, by resolution open and keep such additional banking accounts as accounts may be necessary. (2) Save as otherwise provided by financial regulations, all receipts of a council shall be paid into the banking account or accounts kept by the council and all amounts payable by a council shall be paid therefrom. (3) A cheque drawn upon any banking account kept by a council shall be signed by such officers of the council, not being less than two in number, as may be authorised in that behalf by resolution of the council. (As amended by Act no. 19 of 1992) 43. (1) A council shall cause true accounts of its revenues and expenditure to be kept. Accounts

(2) The accounts of a council, together with all books, deeds, contracts, vouchers, receipts and other documents relating thereto, shall at all reasonable times be open to the inspection of any councillor and of any interested person. (3) The accounts of a council shall be made up and balanced for each financial year of the council and a summarised statement thereof certified under the hand of the treasurer of the council shall be presented to the council at a meeting to be held within six months after the end of the financial year of the council, or within such longer period as the Minister may determine. 44. A council may invest any moneys not required for immediate use in such securities as it may by resolution determine and may, as occassion requires, realise any investment so made: Provided that no council resolution shall be required for any investment where maturity period shall not be more than ninety days from the date of investment. 45. (1) The Minister may, on such terms and conditions as he may Government determine, make constituency development grants or loans of money to grants and loans a council for the purposes of the discharge by the council of any of its functions. (2) Any constituency development grant or loan made by the Minister under this section shall be paid out of moneys appropriated by Parliament for the purpose. (3) The Government shall make specific grants to the council concerned for(a) (b) (c) water and sanitation; health services; fire services; Investment

(d) (e) (f) (g)

road services; police services; primary education; agricultural services;

(As amended by Act No. 19 of 1992 and Act No. 30 of 1995) 46. The Minister shall, by statutory instrument, make regulations for the control and management of the finances of councils and in particular, for(a) the keeping of the accounts of councils, including separate accounts of any undertaking or service established and maintained by the council, and the form of, and information to be included in, the account of councils and the summarised statements thereof; (b) the payment of moneys into and from banking accounts; Financial regulations

(c) the form of, and information to be included in, the annual and supplementary estimates of councils; (d) the establishment of special funds and the payment of moneys into and the withdrawal of moneys from such funds; (e) the composition or remission of debts due to councils.

(As amended by Act No. 19 of 1992 and Act No. 30 of 1995) Borrowing 47. A council may, borrow such sums of money as may be required for Authority to the purpose of discharging its functions in all or any of the following borrow and modes of ways: borrowing (a) by loan under section forty-five; (b) by the issue of stock or bonds;

(c) (d) (e)

by mortgage; by temporary loan or overdrat from a bank or other source; by loan from any other source. Foreign borrowing prohibited

48. Notwithstanding the provisions of section forty-seven, no council shall borrow money or receive any grant of money from a foreign government or foreign organisation.

Security for 49. (1) All moneys borrowed by a council shall be charged on the general fund of the council and all securities therefor shall rank equally borrowing and priorities of without any priority. securities (2) Nothing in this section shall affect any priority existing at, or any right to priority conferred by a security created before, the commencement of this Act. (3) The interests for the time being payable in respect of any moneys borrowed by a council shall be a first charge on the general fund of the council. 50. Where any sum of money is borrowed by a council, it shall be Suspension of lawful for any annual provision required to be made by the council for repayment of the repayment of the sum so borrowed to be suspended, with the consent sums borrowed of the lender, for such period (not exceeding five years) as the Minister may determine. 51. A person lending money to a council shall not be bound to inquire Lenders relieved from whether the borrowing of the money is or was legal or regular, or certain inquiries whether the money raised was properly applied, and shall not be prejudiced by an illegality or irregularity in the matters aforesaid or by the misapplication of any such money. Audit 52. (1) The Minister shall, in respect of each financial year of a council, Appointment appoint a public officer or other person to be the auditor to the council. and remumeration

of auditor (2) There shall be payable by a council in respect of the services of the auditor to the council such fee as the Minister may determine and that fee shall be paid into the general revenues of the Republic or, if the auditor is not a public officer, to the auditor. 53. It shall be the duty of the auditor to a council(a) to audit the accounts of the council for the financial year in respect of which he is appointed; (b) to investigate such specific matters, if any, relating to the accounts of the council for that financial year as the Minister or the council may direct; (c) (d) (i) (ii) (iii) to report to the council on his audit and investigations; to report to the council any case in which it appears to him thatany expenditure has been incurred contrary to law; any sum has not been duly brought into account; any loss or deficiency has been incurred. Functions of auditor

54. (1) The auditor to a council may, for the purpose of discharging his Production of functionsdocuments and taking of evidence (a) by summons under his hand, require all such persons as he may think necessary to appear personally before him for examination at a time and place to be specified in the summons and to produce all such books, deeds, contracts, vouchers, receipts and other documents relating to the accounts of the council as may be specified in the summons; and (b) hear and receive evidence and examine witnesses upon oath or affirmation, which he is hereby empowered to administer. (2) Any person summoned to appear before the auditor to a council who, without sufficient cause-

(a)

refuses or fails to comply with the summons; or

(b) having appeared before the auditor, refuses to be examined on oath or affirmation or to take such oath or affirmation; or (c) having taken such oath or affirmation, refuses to answer such questions pertaining to the accounts of the council as are put to him; shall be guilty of an offence and liable on conviction for every such refusal or failure, to a fine not exceeding one hundred and sixty penalty units or to imprisonment for a period not exceeding six months or to both. (As amended by Act No. 13 of 1994) 55. (1) Before completing his audit of the accounts of a council, the auditor to the council shall, by notice in writing to the principal officer of the council, fix a period commencing at least thirty days thereafter and extending for not less than seven days during which representations regarding the accounts of the council may be made to him. (2) During the period fixed under subsection (1) for the making of representations and for seven clear days preceding the commencement of such period, the accounts of the council, together with all books, deeds, contracts, vouchers, receipts and other documents relating to the accounts of the council, shall be deposited at all the offices of the council and shall at all reasonable times be open to the inspection of any interested person. (3) The principal officer of a council shall, not less than fourteen days before the deposit of the accounts of the council, give public notice of(a) the deposit of the accounts of the council required by this section and the right to inspect such accounts; (b) the period during which representations regarding the accounts of the council may be made to the auditor to the council; and (c) the name and address of the auditor to the council. Deposit of accounts and representations thereon.

(4) During the period fixed under subsection (I), any interested person

may make representations regarding the accounts of the council to the auditor to the council(a) in writing; or

(b) by arrangement with the auditor, in person or by his representative. 56. (1) After completing his audit of the accounts of a council and his Report of investigations, if any, the auditor to the council shall make his report to auditor the council in pursuance of paragraphs (c) and (d) of section fifty-three. (2) Within sixty days after the receipt by a council of the report of the auditor, the council shall take the report into consideration and shall transmit to the Minister(a) a copy of such report, together with the comments of the council thereon; and (b) a copy of the audited summarised statement of accounts of the council. (3) The report of the auditor and the audited summarised statement of accounts of a council shall, at all reasonable times after copies thereof have been transmitted to the Minister, be open to the inspection of any interested person. (4) The Minister may give to a council such directions as he thinks necessary to ensure that the council acts in conformity with any recommendations contained in the report of the auditor. (5) Without limiting the operation of section eighty-eight, where a council fails to transmit to the Minister, within the time allowed under subsection (2), the report and statement of accounts referred to in that subsection, the Minister may, for as long thereafter as the council continues to fail to transmit them, suspend or withhold grants due to the council (As amended by Act No. 30 of 1995)

57. (1) The Minister shall cause any part of the report of the auditor to a Powers of council made in pursuance of paragraph (d) of section fifty-three to be disallowances brought to the notice of any councillor or officer or employee of the and surcharges council who may be affected thereby and shall afford to every such person an opportunity of furnishing an explanation to the Minister. (2) After considering any explanation furnished to him under subsection (1), the Minister shall(a) law; disallow any expenditure which has been incurred contrary to

(b) surcharge the amount of any expenditure disallowed upon the person or persons responsible for incurring or authorising the expenditure; (c) surcharge any sum which has not been duly brought into account upon the person or persons by whom that sum ought to have been brought into account; (d) surcharge the amount of any loss or deficiency upon any person or persons whose negligence or misconduct the loss or deficiency has been incurred; (e) certify the amount due from any person upon whom he has made a surcharge and cause a copy of the certificate to be furnished to such a person: Provided that, if the Minister is satisfied that(i) any person upon whom a surcharge might be made under this subsection acted reasonably by or in the belief that his action was authorised by law; or the act or omission which might have involved the making of a surcharge under this subsection took place in such circumstances as to make it fair and equitable that a disallowance or surcharge should not be made;

(ii)

the Minister may abstain from making a disallowance or surcharge or make any such reduction in such disallowance or surcharge as he deems equitable.

(3) The Minister may direct a council to make such adjustments to its accounts arising from any disallowances made in pursuance of paragraph (a) of subsection (2) as he thinks necessary. 58. Any person who is aggrieved by a disallowance or surcharge made by the Minister, where the disallowance or surcharge relates to an amount exceeding twenty thousand kwacha, may appeal to the High Court, and may in any other case appeal to the High Court or to a subordinate court of competent jurisdiction. (2) The High Court or subordinate court, as the case may be, may, on such an appeal(a) (b) confirm, vary or quash the decision of the Minister; remit the case to the Minister with such directions as it thinks fit for giving effect to the decision on appeal; make such other order as to costs or otherwise as may to it seem just. Appeals against disallowances and surcharges

(c)

(3) The Chief Justice may, by statutory instrument, make rules providing for the period within which appeals under this section may be brought and otherwise regulating such appeals. 59. (1) Subject to the provisions of subsection (2), the amount of every Payment and surcharge certified by the Minister to be due from any person shall be recovery of paid by that person to the council within thirty days after a copy of the surcharges certificate has been furnished to him, or, if an appeal with respect to the surcharge has been made, within thirty days after the appeal is finally disposed of or abandoned or fails by non-prosecution thereof. (2) The Minister may authorise the payment of a surcharge in instalment: Provided that if default is made in the payment of any instalment the balance of the surchage outstanding shall thereupon become payable.

(3) The amount of any surcharge which is not paid shall be recoverable by the council as a civil debt. (4) In any proceedings for the recovery of the amount of a surcharge, a certificate signed by the Minister shall be conclusive evidence of the facts certified and a certificate signed by the treasurer of the council that the sum certified to be due has not been paid to him shall be conclusive evidence of nonpayment unless it is proved that the sum certified to be due has been paid since the date of the certificate. 60. (1) In addition to the ordinary audit of the accounts of a council Inspections and required by the foregoing provisions of this part, the Minister may at any extraordinary time direct that an extraordinary audit of all or any of the accounts of a audits council be conducted and for that purpose may appoint a public officer to be the auditor to the council. (2) The provisions of(a) (b) sections fifty-three and fifty-four; and sections fifty-seven, fifty-eight and fifty-nine;

shall, with the necessary modifications, and subject to the provisions of this section apply in relation to an extraordinary audit of the accounts of a council conducted under this section as they apply in relation to an ordinary audit of such accounts (3) An auditor shall, after completing an extraordinary audit of the accounts of a council and his investigations, if any, make his report to the Minister and shall submit a copy of the report to the council. (4) The Minister shall, within sixty days of the receipt of the report under subsection (3), consider the report and shall thereafter take such action as he may consider appropriate in the circumstances. (5) The Minister may, at any time, appoint a person to inspect all or any of the accounts of a council and the provisions of subsection (4) shall apply accordingly. (As amended by Act No. 30 of 1995)

PART VII FUNCTIONS 61. Subject to the provisions of this Act, a council may discharge all or Power to any of the functions set out in the Second Schedule. discharge schedule functions 62. (1) A council may discharge any functions conferred on it by or under this Act within the area of the council and unless the context otherwise requires, a council may, with the, approval of the Minister discharge any such function outside the area of the council. General provision with respect to discharge of functions

(2) A council may do anything necessary for or incidental to the discharge of any function conferred on it by or under this Act. (3) Whenever by or under this Act power is conferred on a council to establish and maintain an undertaking, service on facility, the council may(a) control the undertaking, service or facility and prohibit use of it by the public or any class of the public; (b) join with the Government, another council or any other person or authority in establishing and maintaining the undertaking, service or facility; (c) abolish or discontinue the undertaking, service or facility.

(4) Save as otherwise expressly provided by this Act, a council shall discharge any function conferred on it by or under this Act subject to and in accordance with the provisions of any other written law relating to the discharge of that function by the council.

63. (1) A council may enter into contracts necessary for the discharge of any of its functions. (2) All contracts made by a council shall be made in accordance with the standing orders of the council and, in the case of contracts for the execution of works or the supply of goods or materials, the standing orders shall(a) require that, except as otherwise provided by or under the standing orders, notice of the intention of the council to enter into the contract shall be published and tenders invited; and (b) regulate the manner in which such notice shall be published and tenders invited. (3) A person entering into a contract with a council shall not be bound to inquire whether the standing orders of the council which apply to the contract have been complied with, and all contracts entered into by a council, if otherwise valid, shall have full force and effect notwithstanding that the standing orders applicable thereto have not been complied with. 64. (1) Subject to the provisions of this Act, a council may make standing orders(a) for regulating the proceedings and business, and for preserving order, at meetings of the council, a committee or a sub-committee; for regulating the entering into of contracts by the council.

Contracts

Standing orders

(b)

(2) Standing orders under this section may make provision for the exclusion of a councillor or member of a committee or sub-committee from a meeting of the council, committee or sub-committee(a) (b) if it is necessary for preserving order at the meeting; or whilst any contract, proposed contract or other matter in which the councillor or member has any pecuniary interest, direct or

indirect, is under consideration. 65. (1) A council may acquire any land by agreement whether by way of purchase, lease, exchange or gift. Acquisition of land

(2) Where the acquisition by a council of any land under the powers Cap. 189 conferred by subsection (1) is being hindered by reason of the inability of the parties to agree on the terms thereof or any other cause, the President may, on application by the council and on being satisfied that the land is land to which the Lands Acquisition Act applies and that its acquisition by the council is necessary or expedient(a) in the interests of public safety, public order, public morality, public health or town and country planning; or in order to secure the development or utilisation of that or other land for a purpose beneficial to the inhabitants of the area of the council acquire the land under the powers conferred by that Act. All expenses and compensation thereby incurred shall be paid by the council into the general revenues of the Republic and, upon such payment being made, the estate of any land so acquired by the President shall be transferred to the council at the cost of the council.

(b)

66. (1) A council may accept, hold and administer any gift of property Acceptance of for any local public purpose, or for the benefit of the inhabitants of the gifts of property area or any part of the area of the council, and may execute any works (including works of maintenance or improvement) incidental to or consequential on the exercise of the powers conferred by this section. (2) Where the purposes of the gift are purposes for which the council is empowered to expend money raised from a rate, the council may, subject to any condition or restriction attaching to the exercise of that power defray expenditure incurred in the exercise of the powers conferred by subsection (1) out of money so raised. 67. (1) Subject to the provisions of this section, a council may sell, let or otherwise dispose of any property of the council. Provided that, where the council intends to sell a council asset, the Disposal of property

council shall, before conducting the sale, cause a valuation of the asset to be carried out by the department of the Government responsible for property valuations or by a valuer approved by the Minister. (2) A council shall not sell, let for a period of fourteen years or more, or otherwise dispose of, any land or building except with the approval of the Minister. (As amended by Act No. 30 of 1995) 67A. Notwithstanding anything to the contrary contained in any written law, where any judgment or order has been obtained against a council, no execution or attachment or process of any nature, shall be issued against the council or against any property of the Council, but the Town Clerk or Council Secretary, as the case may be, shall cause to be paid out of the revenue of the council such amounts of money as may, by the judgment or order, be awarded against the council to the person entitled to the money. (As amended by Act No. 9 of 2004)
Restriction on execution against property of council

68. (1) A council may, with the approval of the Minister, make grants or loans of money-

Grants and loans by councils

(a)

towards the establishment or maintenance of the institutions hereinafter mentioned, not being of a private character, that is to say: hospitals, libraries, art galleries, museums and musical or scientific institutions; universities, colleges and schools; institutions providing accommodation for the aged, destitute or infirm, or for orphans; such other institutions as the council may determine; to persons for educational purposes; to officers or employees of the council for such purposes as the Minister may determine.

(i) (ii) (iii) (iv) (b) (c)

(2) A council may make grants of money to any association of local authorities formed for the purposes of consultations as to the common interest of those authorities.

(3) A council may, with the approval of the Minister, make loans of money(a) (b) to another council; to any person or authority for the erection purchase and maintenance of buildings for use as dwellings or clubs and, where it is in the public interest, for use for business or professional purposes. Imposition of levies

69. (1) A council may, make by-laws imposing all or any of the following levies: (a) a levy on leviable persons owning or occupying property or premises situated within the area of the council; a levy on leviable persons carrying on a business, trade or occupation within the area of the council; a levy on the purchase or sale of a commodity within the area of the council.

(b)

(c)

(2) By-laws imposing a levy may(a) make different provision with respect to different classes of property or premises, different classes of businesses, trade or occupations and different classes of commodities; (b) make provision for-

(i) specifying the manner and times at which and the persons by whom a levy shall be paid and collected; (ii) (iii) exemptions from a levy; suspending a levy, in whole or in part.

(3) The proceeds of a levy shall accrue to the council. (4) The amount of any levy which is not paid shall be recoverable by the

council as a civil debt. (5) For the purpose of this section, "leviable person" means(a) (b) any person apparently of or above the age of eighteen years; and any body of persons, corporate or unincorporate. Imposition of other fees and charges

70. (1) A council may impose fees or charges payable to the council-

(a) for any licence or permit issued under any by-law or regulation made under this Act; (b) for any service or facility provided or goods or documents supplied by the council in pursuance of or in connection with the discharge of any function of the council. (2) All fees and charges imposed by a council under the section shall be regulated by by-law or, if not so regulated, may be imposed by resolution of the Council: Provided that a council shall not impose any fees or charges in respect of owners rates and personal levy without the prior approval of the Minister. (As amended by Act no 19 of 1992) 71. (1) A council may, with the approval of the MinisterPower to pay certain fees, allowances and expenses

(a)

pay fees to councillors;

(b) pay allowances to councillors, officers and employees of the council in respect of travelling, subsistence and out-of pocket expenses incurred by them on the business of the Council.

(c) pay allowances to the spouse of the mayor or chairman and of the principal officer of the council in respect of travelling, subsistence and out-of pocket expenses incurred by the spouse in attending, by invitation, a conference or function of national or local importance; (d) pay expenses incurred in undertaking public hospitality.

(2) A council may, with the approval of the Minister, pay to the mayor or chairman of the council during his year of office such allowance as it thinks reasonable. Provided that whenever the functions of the mayor or chairman of the council are discharged in any continuous period not being less than thirty days, by the deputy mayor or the vice-chairman of the council a proportionate part of the allowance under this section shall be paid for such period to the deputy mayor or vice-chairman of the council. 72. (1) A council may, with the approval of the Minister establish, maintain, control and contribute to any pension, provident or benevolent fund intended for the benefit of its officers and their dependants and may, from any such fund, grant, pensions and gratuities to its officers on their retirement from the service of the council and to the dependants of deceased officers. (2) Where no fund referred to in subsection (1) has been established or in cases where no benefit accrues from any such fund which has been established, a council may, with the approval of the Minister, grant from its general fund pensions and gratuties to officers on their retirement from the service of the council and to the dependants of deceased officers. (3) Where any officer or dependant of a deceased officer is in receipt of a pension from a fund referred to in subsection (1), a council may, with the approval of the Minister, from its general fund grant to such officer or dependant an additional or increased pension or gratuity in respect of any service of the officer or deceased officer in relation to which no pension or gratuity is payable from the fund: Provided that the aggregate of the pension payable from the fund and the Pensions and gratuities for officers, employees and dependants

additional or increased pension or gratuity payable under this subsection shall not exceed the amount which would have been payable had the whole service of the officer or deceased officer been service in relation to which a pension or gratuity was payable from the fund. (4) For the purpose of this section "officer" means an officer or employee of council. 73. (1) Subject to the provisions of this section, a city council or municipal council may(a) appoint to the dignity of alderman any person who has held office as a councillor of that council for a period or periods amounting in the aggregate to not less than ten years; (b) if it considers that a person appointed to the dignity of alderman has subsequently ceased to be worthy of the dignity, revoke the appointment. (2) During any time when the number of councillors who are aldermen equals or exceeds one third of the whole number of councillors of which a council consists, no further appointment of aldermen may be made from persons who are councillors. (3) An alderman shall be entitled whether or not he is a councillor, to retain the title of alderman. (4) Every person who immediately before the first of January, 1981, was an alderman of a city council or municipal council shall be deemed to have been appointed to that dignity under this Act. 74. (1) Subject to the provisions of this section a city council or a municipal council may(a) admit to the status of honorary freeman of the city or municipality persons of distinction and persons who have rendered eminent services to the city or municipality; (b) if it considers that a person admitted to the status of honorary Freeman Aldermen

freeman of the city or municipality has subsequently ceased to be worthy thereof, annul the admission of the person to such status. (2) The power of admitting or annulling the admission of a person to the status of honorary freeman of a city or municipality shall not be exercised except by resolution of the city or municipal council supported by the votes of not less than two-thirds of the whole number of councillors. (3) The principal officer of a municipal council shall keep a list, to be styled the honorary freemen's roll, in which shall be inscribed the names of all persons admitted to the status of honorary freeman of the municipality and from which shall be removed the name of any person whose admission to that status has been annulled. 75. The Minister may, by statutory order confer upon any council power not otherwise conferred upon such council by this Act or any other written law, which the Minister considers necessary or desirable, in the interests or for the well-being of the inhabitants in, or for the good rule and government of, the area of such council, for such council to have. Power of minister to confer additional functions on council

PART VIII BY-LAWS AND REGULATIONS Power to make by-laws 76. (1) Subject to the provisions of this Act, a council may make by-laws for the good rule and government of its area and, more particularly(a) for controlling any of the things which, and any of the persons whom, it is empowered by or under this Act to control; (b) for prohibiting any of the things which it is empowered by or under this Act to prohibit; (c) for requiring or compelling the doing of any of the things which
Power to make by-laws

it is empowered by or under this Act to require or compel; (d) for providing for the issue or supply of licences permits, certificates and other instruments and documents. (2) A by-law made by a council under this Act may make different provisions with respect to different parts of the area of of the council, different classes of persons, different classes of things and different circumstances. 77. Every by-law made by a council under this Act shall be in the English language: Provided that nothing in this section shall be construed as precluding the use of another laguage as well as English to bring the content of any such by-law to the notice of any person concerned. 78. A by-law made by a council under this Act mayConferring of powers on officers and agents of council Language of by-laws

(a) require acts or things to be performed or done to the satisfaction of an officer or agent of the council and may empower an officer or agent of the council to issue directions to any person requiring acts or things to be performed or done, imposing conditions and prescribing periods and dates upon, within or before which such acts or things shall be performed or done or such conditions shall be fulfilled; and (b) confer on the officers and agents of the council such powers of entry, inspection, inquiry and execution of works as may be reasonably necessary for the proper carrying out or enforcement thereof. 79. (1) A by-law made by a council under this Act may prescribe penalties for any contravention of such by-law, not exceeding(a) a fine of eighty penalty units or imprisonment for a period of six months, or both; and (b) in the case of a continuing contravention of such by-law, a fine of sixteen penalty units for every day during which the contravention continues.

Penalties

(2) A by-law made by a council under this Act may provide that in addition to or in substitution for any penalty prescribed for a contravention of such by-law, any expenses incurred by the council in consequence of such contravention or in the execution of any work directed by or under such by-law to be executed by any person and not executed by him, shall be paid by the person committing the contravention or failing to execute the work. (3) Where any person is convicted of contravening any condition subject to which a licence or permit has been issued to him under any by-law or regulation made under this Act, the court which convicts him may in addition to or in substitution for any penalty prescribed for a contravention of such by-law or regulation, revoke the licence or permit in respect of which the offence was committed. (As amended by Act No. 13 of 1994) 80. Nothing in this Act contained shall be construed as empowering a By-laws not to council to make any by-law which is in conflict with or derogates from conflict with other written laws the provisions of any other written law; and to the extent that any by-law conflicts with or derogates from the provisions of any other written law, it shall be void. Procedure for Making By-laws and Powers of Minister 81. (1) For at least thirty days before application is made to the Minister Notice of by-laws for confirmation of a by-law, a copy of the by-law shall be deposited at and objection thereto the offices of the council and shall, at all reasonable times, be open to the inspection of any interested person. (2) The principal officer of a council shall, at least thirty days before application is made for confirmation of a by-law, give public notice of(a) (b) the intention to apply for confirmation of the by-law; the deposit of the by-law required by this section and the right to inspect such by-law; the procedure for lodging objections to the by-law.

(c)

(3) Any interested person may, at any time before application is made for confirmation of the by-law, lodge an objection in writing to the by-law with the principal officer of the council and shall furnish a copy of his objection to the Minister. 82. (1) No by-law made by a council under this Act shall have the force Confirmation of by-laws of law until it has been confirmed by the Minister. (2) An application by a council for the confirmation of any by-law by the Minister shall be accompanied by(a) (b) three authenticated copies of the by-law; an authenticated copy of the minutes of the meeting of the council at which the by-law was made; a certificate, signed by the principal officer of the council, that the provisions of section eighty-one have been complied with; and the comments of the council on any objections lodged.

(c)

(d)

(3) Before confirming any by-law made by a council, the Minister shall take into consideration any objections lodged and the comments of the council thereon. (4) The Minister may refuse to confirm any by-law submitted to him or may confirm the by-law in whole or in part, or with such modifications as appear to him to be advisable and not opposed to the true spirit and intent of the by-law.
Power of Minister 83. (1) Subject to the provisions of this section, the Minister may, by statutory order, amend or revoke any by-law by a council under this Act. to amend or revoke by-laws

(2) Before exercising the powers conferred by subsection (1), the Minister shall give the council reasonable notice of his intentions and shall afford the council an opportunity of making representations to him

thereon. Regulations 84. (1) The Minister may, by statutory instrument, make regulations for Power to make regulations any purpose for which, and to the same extent to which a council is empowered by or under this Act to make by-laws or standing orders. (2) Regulations made under subsection (1) shall have the force of law only in the areas to which they are applied in pursuance of section eighty-five and, if any regulations so applied to any area are amended or revoked by subsequent regulations made under subsection (1), the subsequent regulations shall have the force of law in that area only to the extent that they are applied thereto in pursuance of section eighty-five. 85. After consultation with a council, the Minister may, by statutory order(a) (b) apply all or any regulations made under section eighty-four to the whole or any part of the area of the council; withdraw the application of any regulations so applied.
Regulations to prevail over by-laws or standing orders Application of regulations

86. In so far as regulations made under section eighty-four which apply in the area of a council conflict with or derogate from the provisions of any by-laws or standing orders made by the council under this Act, the regulations shall prevail. 87. Any reference in any other written law to by-laws or standing orders made by a council under this Act shall, unless the context otherwise requires, be construed as including a reference to regulations made under section eighty-four which apply in the area of the council.

Reference in other written law

PART IX LOCAL GOVERNMENT ADMINISTRATOR
Appointment of 88. (1) Whenever, by reason of the refusal, failure or inability of a council adequately to discharge all or any of its functions, the Minister Local Government Administrator and considers it necessary or expedient in the interest of local administration

to do so, he may, by statutory order-

discharge by him of functions of council

(a)

appoint a public officer to be the Local Government Administrator for that council; and notwithstanding anything contained in this Actsuspend all councillors of the council from performing all of their functions as councillors and empower the Local Government Administrator to discharge all the functions of the council; and after due inquiry held under section one-hundred and twenty, dissolve the council after receiving prior approval of the President, and direct the holding of elections within ninety days from the date of the dissolution.

(b) (i)

(ii)

(2) Any functions of the council discharged by a Local Government Administrator under subsection (1) shall be deemed to have been discharged by the council in accordance with this Act. (3) The Local Government Administrator shall relinquish office upon the lifting of the suspension or the election of a new council, as the case may be. (As amended by Act No. 30 of 1995) 89. (1) An order made under section eighty-eight shall, unless sooner revoked, expire after ninety days from the date of making thereof: Provided that the Minister may, if he considers it desirable in the interest of local administration, extend the order for further periods of ninety days at a time. (2) On the revocation of the order appointing the Local Government Administrator made under section eighty-eight the Local Government Administrator shall cease to discharge the functions of the council, and such functions shall be invested in and discharged by the council as constituted in accordance with section nine.
Revocation of appointment order

PART X SERVICE WITH COUNCILS AND PROVINCIAL LOCAL GOVERNMENT APPEALS BOARDS 90. Subject to regulations made under this Part, a council shall have power to(a) (b) appoint officers and other employees for the purpose of assisting the council in carrying out its functions; discipline any officer or employee.
Councils may appoint staff

(As amended by Act No. 30 of 1995) 91. (1) A council may, upon receiving a request from another council, second an officer to that council for such period and on such terms and conditions as may be agreed between the council and the council requesting the secondment. (2) A council may, in accordance with regulations issued by the Minister, make arrangements with any Ministry or statutory corporation for the secondment to the council of an officer of the civil service or of any such corporation. (As amended by Act No. 30 of 1995) 92. (1) The Minister may, by statutory instrument, make regulations governing service with a council and the powers and duties of councils with regard to their officers and employees. (2) Without prejudice to the generality of subsection (1), regulations made under this section may provide for(a) (b) the creation or abolition of any post in a council; the terms and conditions of appointment, promotion, transfer, dismissal, discharge and discipline of officers and employees;
Regulations Secondment to another council

(c) (d)

the qualifications for appointment to any post in a council; a right of appeal to a provincial local government appeals board by an officer or employee and the procedures to be followed for such appeals; the establishment of a council secretariat under the supervision of the principal officer of the council, the other members of the secretariat, and their functions; or the training of employees and officials of a council and the standards for promotion.

(e)

(f)

(3) Regulations under this section may make different provisions for different categories of councils and different categories of officers or employees. (As amended by Act No. 30 of 1995) 93. (1) The Minister may, by statutory order, establish a provincial local government appeals board in each Province which shall consist of a Chairman and not less than three nor more than seven other members.
Establishment of provincial local government appeals boards

(2) The members of a board shall be appointed by the Minister and shall serve on a part-time basis. (3) A person shall not be qualified for appointment as a member of a board if(a) (b) (c) (d) (e) he holds the office of President of the Republic; he is a member of the National Assembly; he is a councillor; he is employed in any council; he is a member of any staff association of a council, a trade

union or any other similar organisation; (f) he is, under any law in force in Zambia, adjudged or otherwise declared to be of unsound mind; he has been sentenced to a term of imprisonment exceeding six months; or he is an undischarged bankrupt, having been adjudged or otherwise declared bankrupt, under any law in force in Zambia.

(g)

(h)

(4) One of the members of the board shall be appointed by the Minister as Chairman of the board. (As amended by Act No. 30 of 1995) 94. (1) Subject to the other provisions of this sectionProvisions relating to the office of member

(a) a member of a board shall hold office for a term of two years and shall be eligible for re-appointment for such term, and shall serve on such terms and conditions, as the Minister may determine; (b) (i) (ii) (iii) (iv) the office of a member shall become vacantat the expiry of the term for which he was appointed or re-appointed; if any circumstances arise that, if he were not a member, would cause him to be disqualified for appointment as such; if he dies; or if he resigns his office as such.

(2) A member may be removed from office by the Minister only for inability to discharge the functions of his office, arising from infirmity of body or mind or any other cause, or for misbehaviour. (3) If the office of the Chairman is vacant or if the person holding that office is for any reason unable to perform the functions of that office, then, until a person has been appointed to, and has assumed the functions of, that office or until the person holding that office has

resumed those functions, as the case may be, those functions shall be performed by such one of the other members as may be designated in that behalf by the Minister. (4) A member shall not be eligible for appointment to any post in the service of a council for a period of twelve months after he has ceased to be a member. (5) A member may resign from office by notice in writing addressed to the Minister, and the resignation shall take effect when it is accepted by the Minister. (As amended by Act No. 30 of 1995) 95. A member shall be paid such allowances as the Minister may determine. (As amended by Act No. 30 of 1995) 96. The Provincial Local Government Officer shall be the secretary of Secretary the provincial local government appeals board. (As amended by Act No. 30 of 1995)
Immunity of 97. No action or other proceedings shall be brought against any member of a board for or in respect of any act done or omitted to be done members in good faith in the exercise or purported exercise of his powers under this Act or any regulation or rule made thereunder. Allowances

(As amended by Act No. 30 of 1995) 98. (1) Every member of a board shall, on appointment but before assuming office, take an oath in the form set out in the Third Schedule. (2) Where any person is required to take an oath under this section and(a) (b) he has no religious belief; or the taking of an oath is contrary to his religious belief;
Oath of office

he may take and subscribe a solemn affirmation in the form prescribed by subsection (1) substituting the words "solemnly and sincerely declare

and affirm" for the word "swear" and omitting the words "SO HELP ME GOD". (As amended by Act No. 30 of 1995) 99. (1) The functions of a board shall be to(a) hear grievances from officers relating to promotions or demotions; review disciplinary cases from the council relating to officers and employees of that council; and hear appeals on disciplinary matters from officers and employees of such councils.
Powers of boards

(b)

(c)

(2) The decision of a board shall be binding upon the council and the officer or employee, subject to an appeal to a court of competent jurisdiction. (As amended by Act No. 30 of 1995) 100. (1) Any decision of a board shall require the support of a majority Performance of functions of boards vote of all the members present at that meeting of the board: Provided that(a) if upon any question the votes of the members are equally divided, the Chairman shall have a casting vote; whenever it considers it expedient for the proper discharge of its functions, a board may invite any person to advise the board upon any matter being considered by the board, but the board shall not be bound to accept such advice.

(b)

(2) The quorum of a board shall be not less than one-half of all the members. 101. Any person who, in connection with the exercise of any function of Offence of
supplying false

a board, wilfully gives to a board or any member thereof, any information which he knows to be false or misleading in any material particular shall be guilty of an offence and shall be liable upon conviction to a fine not exceeding six thousand penalty units or to imprisonment for a term not exceeding two years, or to both. (As amended by Act No. 30 of 1995)

information

Certain 102. Notwithstanding anything to the contrary in any other written law, no person shall in any legal proceedings be permitted or compelled communications to be privileged to produce or disclose any communication, written or oral, which has taken place between a board or any member of a board or officer of the board, or any council or any person employed by a council, or between the members or officers or employees of the council in exercise of, or in connection with the exercise of, any of the functions of a board, unless the Minister has consented in writing to such production or disclosure.

(As amended by Act No. 30 of 1995) 103. (1) No person shall, without the consent in writing given by or on Unauthorised disclosure of behalf of a council or a board, publish or disclose to any person, information 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. (2) Any person who knowingly contravenes subsection (1) shall be guilty of an offence and shall be liable upon conviction to a fine not exceeding six thousand penalty units or to imprisonment for a term not exceeding one year, or to both. (3) If any person having information which to his knowledge has been published or disclosed in contravention of subsection (1) unlawfully publishes or communicates any such information to any other person, he shall be guilty of an offence and shall be liable upon conviction to a fine not exceeding six thousand penalty units or to imprisonment for a term not exceeding one year, or to both. (As amended by Act No. 30 of 1995) 104. Any person who otherwise than in the course of his duties directly or indirectly by himself or by any other person in any manner whatsoever influences or attempts to influence any decision of a board shall be guilty of an offence and shall be liable upon conviction to a fine
Offence to influence or attempt to influence board

not exceeding ten thousand penalty units or to imprisonment for a term not exceeding two years, or to both: Provided that nothing in this section shall prohibit any person from giving a certificate or testimonial to any applicant or candidate for any office or prohibit any person from supplying any information or assistance upon formal request made by a board. (As amended by Act No. 30 of 1995) 105. Repealed by Act No. 30 of 1995.

106. No prosecution shall be instituted in respect of any offence under Fiat of Director of section one hundred and four or section one-hundred and five except by, Public Prosecutions or with the consent of, the Director of Public Prosecutions.

PART XI FIRE SERVICES 107. (a) (b) (c) (d) The Minister may, by statutory instrumentestablish a fire authority for any area; alter the area of any fire authority; require a council to carry out the functions of a fire authority; require a fire authority to enter into arrangements with other fire authorities or other organisations for mutual co-operation and assistance; prescribe the powers and functions of a fire authority; regulate the operations of any fire brigade; regulate the standards for providing, maintaining and operating by any person ofadequate fire-fighting equipment; fire-prevention equipment or service; fire-escape facilities in any premises; provide for the inspection of any premises by fire inspectors or
Fire services

(e) (f) (g) (i) (ii) (iii) (h)

fire officers; (j) provide for the qualifications for appointment, powers and functions of fire inspectors or fire officers, and for their names to be notified in the Gazette; and provide for such matters as to him appear necessary for the purposes of ensuring adequate fire services in any area.

(i)

PART XII MISCELLANEOUS PROVISIONS
Authentication of 108. (1) A document requiring authentication by a council shall be sufficiently authenticated if signed by the principal officer of the council documents and execution of deeds or any other officer of the council authorised in that behalf by resolution of the council.

(2) A deed shall be deemed to have been duly executed by the council if the common seal of the council be affixed thereto in the presence of, and attested by, one councillor and either the principal officer of the council or any other officer of the council authorised in that behalf by resolution of the council. (3) Any document purporting to be a document duly authenticated or executed by or on behalf of a council shall, unless the contrary is proved, be deemed to be a document so executed or authenticated. 109. (1) Whenever, by or under this Act, it is provided that a document Inspection of documents shall be open to the inspection by any person or class of persons. (a) any such person may, without payment, take copies thereof or make extracts therefrom; the council may supply a copy thereof or any extract therefrom to any such person on payment of such charge, if any, as may be imposed under this Act.

(b)

(2) A document shall be deemed to be open to the inspection of any person or class of persons at all reasonable times if it is open to such

inspection at the offices of a council during the normal office hours of the council. 110. A public notice required to be given by a council or by an officer Public notice of a council shall be given by publication of the notice in a newspaper circulating in the area of the council or in such other manner as the Minister may approve. 111. (1) Where this Act or any other written law authorises or requires Service of documents any document to be served upon a council, such document shall be deemed to have been effectively served if served(a) personally upon the principal officer of the council or any other person empowered by the principal officer of the council to accept service on behalf of the council; or by post addressed to the principal officer of the council.

(b)

(2) Where this Act or any other written law authorises or requires a council to serve any document on any person such document shall be deemed to have been effectively served if served(a) personally upon such person, any agent of such person empowered to accept service on his behalf or any adult of the family of such person; by post addressed to the person at the last address known to the council; or by affixing a copy of the document on some conspicuous part of any premises or land to which it relates or in connection with which it is authorised or required to be served; or where for any reason it is not possible to effect service of the document in any of the manners described in paragraphs (a), (b) and (c) by publication of a copy of the document in the Gazette and in at least one newspaper circulating in the area of the council.
Legal proceedings

(b)

(c)

(d)

112. (1) A council may institute criminal proceedings against any

person before a subordinate court in respect of a contravention of this Act within its area, or any by-law of the council, alleged to have been committed by that person. (2) Where a council deems it expedient for the promotion or protection of the interests of the inhabitants of its area, it may institute or defend any civil proceedings. (3) A council may by resolution authorise any officer of the council, either generally or in respect of any particular matter, to institute or defend on its behalf proceedings before any subordinate court or to appear on its behalf before a subordinate court in any proceedings instituted by it or on its behalf or against it; and any officer so authorised shall be entitled to institute or defend any such proceedings and to conduct any such proceedings although he is not a legal practitioner. (4) For the purposes of this section "subordinate court" means any court Cap. 28 established or recognised under the Subordinate Courts Act or the Local Cap. 29 Courts Act. 113. (1) The minutes of a meeting of a council or committee purporting Evidence to be signed as provided by this Act, and any copy of or extract therefrom duly authenticated shall be prima facie evidence in any proceedings of the facts set out therein without proof of(a) (b) the signature of the person presiding at the meeting; or the meeting to which the minutes refer having been duly convened or held; or the person attending such meetings having been councillors or members of the committee as the case may be.

(c)

(2) The books and registers of a council and any copy of or extract therefrom duly authenticated shall, in any proceedings for the recovery of any amount alleged to be due to the council, be prima facie evidence of the amounts so due. 114. Any person whoPenalties for

(a) (b)

wilfully obstructs any officer, employee or agent of a council in the discharge of his functions; or being the occupier of any premises, prevents the owner of such premises from executing any work which he is required by or under this Act to execute, or otherwise prevents the owner of such premises from complying with any of the lawful requirements of a council or of an officer, employee or agent of a council; or being the occupier of any premises, on demand made by an officer, employee or agent of a council, refuses or wilfully mistakes the name of the owner of such premises;

obstruction

(c)

shall be guilty of an offence and liable, on conviction, to a fine not exceeding eighty penalty units or to imprisonment for a period not exceeding six months, or to both. (As amended by Act No. 13 of 1994) 115. (1) Any police officer may arrest without warrant any person upon Power of arrest reasonable suspicion of his having committed a contravention of this Act. (2) Any officer of a council who is authorised thereto by the council with the approval of the Inspector General of Police, may, when wearing such uniform or bearing such visible badge of office as the council may determine, arrest without warrant any person upon reasonable suspicion of his having committed a contravention of this Act within the area of the Council and may detain such person until he can be delivered into the custody of a police officer to be dealt with according to law. (3) No person shall be arrested or detained without warrant under this section unless reasonable grounds exist for believing that, except by the arrest of the person, he could not be found or made answerable to justice without undue delay. 116. An officer or employee of a council shall not be personally liable in respect of any act done by him in the execution or purported execution of this Act or any other written law and within the scope of his employment, if he did that act in the honest belief that his duty under this Act or that written law required or entitled him to do it:
Protection for officers and employees of council acting in good faith

Provided that nothing in this section shall be construed as relieving a council from any liability in respect of acts of its officers or employees. 117. Any function discharged by a person purporting to be an officer or employee of a council shall not be invalidated only by reason of a defect afterwards discovered in the appointment or qualifications of such officer or employee.
Validity of discharge of functions by officers and employees of council

118. (1) There shall be appointed for each Province a public officer styled the Provincial Local Government Officer and there may be appointed for any District a public officer styled the District Local Government Officer. (2) A Provincial Local Government Officer and a District Local Government Officer shall within the Province or District for which he is appointed(a) discharge such functions of the Minister under Statutory Functions Act and this Act as may be delegated to him; and discharge such other functions as may be conferred or imposed upon him by or under any written law.

Provincial and District Local Government Officers

(b)

119. (1) Whenever the Minister is authorised to approve, confirm or determine any matter for the purposes of this Act, then unless the context otherwise requires, the Minister may(a) approve, confirm or determine the matter generally or specially and subject to such conditions and limitations as may be specified in the approval, confirmation or determination; withdraw or alter any approval, confirmation or determination so given or made;

Powers of Minister to approve, confirm or determine matters

(b)

Provided that no such withdrawal or alteration shall affect anything lawfully done in pursuance of the approval, confirmation or determination.

(2) Any approval, confirmation or determination of the Minister for the purposes of this Act shall be signified(a) (b) by statutory order; or by notice in writing addressed to the principal officer of the council concerned;

and the withdrawal or alteration of any such approval, confirmation or determination shall be signified in like manner.
Inquiries 120. (1) The Miniter may, for the better discharge of any of his functions under this Act, appoint a person or persons to inquire into any matter relating to the discharge of those functions and, on the completion of the inquiry, to report and make recommendations thereon to the Minister.

(2) The provisions of the Inquries Act shall apply in relation to any person appointed under this section as if those persons were commissioners appointed by a commission issued under that Act and references in that Act to commissioners and a commission shall be construed accordingly. (3) Nothing in this section shall be construed as requiring the Minister, in the discharge of his functions under this Act, to give effect to any recommendations made to him under subsection (1).

PART XIII REPEAL, SAVINGS AND TRANSITIONAL 121. (1) Parts IX, X, XI, XII and XIII of the Local Administration Act Repeal and transitional are hereby repealed.

provisions Act No. 15 of 1980

(2) On the establishment of a council for a District under this Act the remaining provisions of the Local Administration Act shall cease to have effect in or in relation to that District as if they had been repealed in

relation thereto; and when a council has been established under this Act for every District in Zambia the Minister shall, by statutory order declare the remaining provisions of the Local Administration Act to have expired. (3) Where a council is established for a District under this Act, the Minister shall, by a transfer and vesting order, make such provisions as may be, made in accordance with the First Schedule as is necessary and appropriate for the vesting in the new council the property, rights and obligations of the council established for that District by the Local Administration Act, for the transfer of staff and for any other matter as may be necessary or expedient for winding up the affairs of the council established under the Local Administration Act and its succession as the local government authority of the council established by this Act. (4) A transfer and vesting order under this section may be made in respect of any one council established by this Act or in respect of any class or classes of such councils. (5) Where as a consequence of any statutory order made by the President under Provincial and District Boundaries Act(a) (b) (c) a new District is established; the area of any District is altered; a District ceased to exist, the Minister may, by statutory order (in this Act referred to as a transfer and vesting order), make any such provision as may be made in accordance with the First Schedule for such changes as are necessary or appropriate as regards the constitution, property, rights, obligations and staff of and any other matter relating to, any council affected by a change in its area, any new council or any council established for a District which ceases to exist.

(6) Where a District ceases to exist, a transfer and vesting order made in respect of the council established for that District shall include provision for the disestablishment of the council. (7) Where the name of any District is changed, the name of the council

established for that District shall be changed to conform with name of the of the District. 122. Notwithstanding that the Local Administration Act shall have ceased to have effect in, or in relation to a District, or its repeal(a) any regulations, by-laws, rules or orders made or deemed to have been made under the said Act and having force and effect immediately before the commencement of this Act or, as the case may be, before the establishment of a council under this Act for the relevant District, shall, in so far as they are not inconsistent with this Act and subject to their amendment or revocation by a comparable authority under this Act, continue in force and effect within the same territorial limits, and shall be deemed to have been made by the successor, or a comparable, authority under this Act; any standing orders regulating the duties and procedure of a council established under the Local Administration Act or the staff of such a council and having force and effect as provided in paragraph (a), shall subject to their amendment or revocation by a council established under this Act for the same District council established under this Act for the same District, be deemed to the standing orders of the council established under this Act; any licence or permit issued by, or any registration affected by, a council established under the Local Administration Act under any written law and having force and affect as provided in paragraph (a), shall be deemed to have been issued, or affected by the council for the same District established under this Act.
Savings and transitional provisions consequent on the enactment of Act No. 30 of 1995 Savings

(b)

(c)

123. (1) The amendment of section nine by the Local Government (Amendment) Act, 1995, shall not discontinue or otherwise affect the existence of any council, or affect the tenure of any councillor holding office immediately before that Act came into operation; and any such councillor shall, on the commencement of that Act, be deemed to hold office under paragraph (c) of subsection (1) of that section, as amended by that Act. (2) The abolition of the Local Government Service Commission by the Local Government (Amendment) Act, 1995 shall not affect, in any manner, the employment of any person with a council. (As amended by Act No. 30 of 1995)

FIRST SCHEDULE
(Section 5 and 121)

TRANSFER AND VESTING ORDERS
1. In this Schedule- "predecessor: means, as the case may require, a council established under the Local Administration Act, or a council established under this Act for a District which has ceased to exist or whose area has been decreased by changes in the area of the District, and "Successor" means, as the case may require, a council established under this Act for the same District as a council established under the Local Administration Act or for a District which has ceased to exist or whose areas has been increased by changes in the area of the District. 2. A transfer and vesting order may make provisions for(a) the transfer to the successor of the funds, accounts investments and other property of the predecessor; (b) the transfer to the successor of any rights, liabilities and obligations of the predecessor; Provided that in any case where an order is made as a result of a change in the areas of the predecessor and the successor, any transfer of the kind mentioned in paragraph (a) or (b) shall be commensurate with the changes involved; (c) the substitution of the successor for the predecessor in any legal proceedings; (d) in any case in which both predecessor and successor are continuing councils, the payment of compensation, or of any contribution, by the successor to the prodecessor, or the giving of guarantees by the one to the other; (e) the transfer of staff and provisions for the transfer of superannuation benefits:(f) the preservation and transfer into proper custody of the record of a council. 3. In the case of a transfer and vesting order made under section five the order may also(a) provide for the alteration of the constitutions of councils concerned; and (b) where any council ceases to exist, make the like provision as is made in section one hundred and twenty-two.

SECOND SCHEDULE
(Section 61)

FUNCTIONS OF A COUNCIL
1. To establish and maintain offices and buildings for the purpose of transacting the business of the council and for public meetings and assembles. 2. To insure against losses, damages, risks and liabilities which the council may incur. 3. To maintain law and order and ensure national security and the good administration of the council. 4. To prohibit and control the erection and display of advertisements and advertising devises in, or in view of, streets and other public places. 5. To establish and maintain farms and allotment gardens. 6. To take and require the taking of measures for the(a) storage, market and preservation of agricultural produce; (b) conservation of natural resources, and (c) prevention of soil erosion, including the prohibition and control of cultivation. 7. To take and require the taking of measures for control of grass weeds and wild vegetation and for the suppression and control of plant and insect pests and diseases. 8. To maintain, protect and control local forests and woodlands. 9. To control the keeping and movement of livestock. 10. To establish and maintain ponds. 11. To establish and maintain grazing grounds. 12. To take measures for the destruction and control of bees and of dangerous animals and reptiles. 13. To control the slaughtering of animals the meat of which is intended for human consumption; to control the sale of such meat; and to require the disposal of diseased animals and carcasses and of meat which is unfit for human consumption. 14. To establish and maintain abattoirs, cold storage facilities and plans for the processing of by-products from abattoirs. 15. To control the movement of the carcasses of animals. 16. (a) to establish and maintain roads; (b) to exercise general control, care and maintenance of all public roads, streets, avenues, Advertisements General administration

Agriculture

lanes, sanitary lanes and footwalks forming part thereof, bridges, squares, ferries and water courses and to remove all obstacles therefrom; (c) to close or divert any public road street or throughfare; (d) to close or divert ferries and water courses; (e) to declare a street or road to be a public street or road; (f) to compile and maintain a register of all public streets and roads; (g) to make up to tarmacadamised standard any private street and to charge the statutory leaseholders or occupiers of the land abutting on such streets in proportion to frontage and to recover the costs as a civil debt; and 17. To prohibit and control the erection and laying in, under or over, and the removal from, streets and other public places of(a) posts, wires, pipes, conduits, cable and other apparatus; (b) temporary platforms, seats and other structures; (b) street decorations. 18. To control traffic and the parking of vehicles and, for that purpose to establish and maintain parking meters and premises for the parking of vehicles. 19. To take measures for the promotion of road safety. 20. To prepare and administer schemes for the encouragement of and participation in, community development. 21. To establish and maintain a system of lighting in streets and other public places. 22. To establish and maintain firefighting and prevention services, and to take and require the taking of measures for the protection of life, property and natural resources from damage by fire. 23. To control persons and premises engaged in or used for the manufacture, preparation, storage, handling, sale or distribution of items of food or drink. 24. To brew beer. 25. To establish and maintain premises for the sale, of and to sell therefrom, items of food and drink (including beer and other intoxicating liquor) for consumption on or off the premises. 26. To establish and maintain catering services. 27. To erect, purchase and maintain buildings used as dwellings or clubs and, where it is in the public interest, for use for business or professional purposes. 28. To erect, purchase and maintain buildings and facilities and encourage the erection of dwellings needed for the accommodation of persons residing within the area of the council 29. To prohibit and control the development and use of land and buildings and the erection of buildings, in the interests of public health, public safety, and the proper and orderly development of the area of the council. Community development

30. To control the demolition and removal of building and to require the altering demolition and removal of buildings which(a) do not conform to plans and specifications in respect thereof approved by the council; and or (b) are a danger to public health or public safety. 31. (1) To require the statutory leaseholder or occupier of land to do any of the following acts(a) to remove, lower or trim to the satisfaction of the council any tree shrub or hedge over-hanging or interfering with traffic in any street or with any wires, or with works of the council. (b) to remove any dilapidated fence or structure abutting on any public street or place. (c) to paint, distemper, whitewash or colourwash the outside walls or roof of any building forming part of the premises; (d) to tidy the premises; and (e) to remove from the premises any unsightly debris, including derelict vehicles. (2) To provide space no which debris and derelict vehicles may be deposited. (3) To prohibit, control and require the fencing of land to control the use of barbed wire and other dangerous materials for fencing. (4) In the event of the statutory leaseholder or occupier failing to comply with a notice from the council requiring him to perform any of the acts specified in sub-paragraph (1), to undertake the work and charge the statutory leaseholder or occupier with the cost thereof. 32. To assign names to localities and numbers to premises and to require the number assigned to any premises to be displayed thereon. 33. To establish and maintain parks, zoos, gardens, pleasure grounds, camping grounds, caravan sites and open spaces. 34. To plant, trim and remove trees, shrubs and plants in streets and other public places; and to prohibit and control the planting, camping, destruction and removal of trees, shrubs, and plants in streets and other public places. 35. To establish and maintain swimming baths and bathing places. 36. To establish and maintain art galleries, libraries, museum and film services. 37. To establish and maintain social and recreational facilities and public entertainments. 38. To establish and maintain a public transport service. 39. To establish and maintain colleges, schools and day nurseries. 40. To establish and maintain environmental health services. (As amended by Act No. 22 of 1995) Public Health Education Public amenities

41. To establish and maintain cremeteries, cremetoria and mortuaries and otherwise to provide for and control the burial of the dead, and destitute persons who die in the area of the council. 42. To control the manufacture, storage, sale and use of petroleum, fireworks, gas and other combustible or dangerous substances; and to establish and maintain magazines and other facilities for the storage thereof. 43. To take and require the taking of measures for the preservation and improvement of public health and the prevention and abatement of nuisances including measures for the extermination of mosquitoes and other insects rats, mice and other vermin. 44. To control persons, premises and land engaged in or used for the holding of any fair, Public circus, fete or other entertainment, recreation or assembly to which the public are entitled or Order permitted to have access, whether on payment or otherwise. 45. To prohibit or control the collection of money from door to door and in streets and other public places. 46. To preserve public decency. 47. To prevent damage and trespass to property, whether public or private. 48. To establish and maintain public information services; and to advertise and give publicity to the advantages and amenities of the area of the council. 49. To provide for and maintain(a) the enumeration and registration of persons or property for any purpose connected with the administration of the area of the council; (b) the registration of births, marriages and deaths; (c) the registration of clubs; and (d) the registration of such transactions in connections with land charges as may be prescribed in any written law relating to land charges. 50. To establish and maintain sanitary convenience and ablution facilities, and to require, whenever necessary, the establishment and maintenance of such facilities. 51. To establish and maintain sanitary services for the removal and destruction of, or otherwise dealing with, all kinds of refuse and effluent, and compel the use of such services. 52. To establish and maintain drains, sewers and works for the disposal of sewerage and refuse. 53. To take and require the taking of measures for the drainage of water. 54. To require and control the provision of drains and sewers and to compel the connection of any drains and sewers established by the council. Sanitation and drainage Registration

55. To prohibit and control the carrying on of offensive, unhealthy or dangerous trade. 56. To establish and maintain weighing machines. 57. To sell products and by-products resulting from the carrying on of any of the undertakings or services of the council. 58. To establish and maintain the business of(a) manufacture; (b) wholesale; and (c) retailer. 59. To undertake mining operations. 60. To provide and maintain supplies of water and, for that purpose, to establish and maintain waterworks and water mains. 61. To take and require the taking of measures for the conservation and the prevention of the pollution of supplies of water. 62. With the consent of the Directors of Postal and Telecommunication Services, and subject to such conditions as they may impose, to establish and maintain postal services. 63. To establish and maintain twin-town contacts.

THIRD SCHEDULE
(Section 98(1))

OATH OF MEMBERS OF BOARD
I, having been appointed as Chairman\member of the Provincial Local Government Appeals Board do swear that I will, without fear or favour, affection or ill will, discharge the functions of the office of Chairman\member of the Provincial Local Government Appeals Board, and that I will not, directly or indirectly reveal any matters relating to such functions to any unauthorised person or otherwise than in the course of my duties. SO HELP ME GOD Sworn\Declared before me this ...........................19........... Judge day of ....................................

SUBSIDIARY LEGISLATION

THE LOCAL GOVERNMENT ACT SECTIONS 3 AND 121(3)-THE LOCAL GOVERNMENT (ESTABLISHMENT OF COUNCILS) AND (TRANSFER AND VESTING) ORDER Order by the Minister

Statutory Instruments 138 of 1991 104 of 1992 51 of 1993 154 of 1996 164 of 1996 30 of 1997 62 of 1997

PART I E
STABLISHMENT OF

C

OUNCILS

1. This Order may be cited as the Local Government (Establishment of Title Councils) and (Transfer and Vesting) Order. 2. The city councils, municipal councils and district councils set out in Establishment the Schedule to this Order are hereby established for the respective of Councils Districts specified in that Schedule.

PART II T
RANSFER AND

V

ESTING OF

P

ROPERTY

R

IGHTS AND

O

BLIGATIONS

3. In this part unless the context otherwise requires"Predecessor" means a council established under the Local Administration Act, 1980;

Interpretation Act No. 15 of 1980

"Successor" means a council established under the Local Government Act No. 15 of Act for the same district as a council established under the Local 1980 Administration Act, 1980, which councils are set out in the Schedule to this Order.

4. (1) From the commencement of this Order there shall be transferred Transfer and to and vest in the Successor by virtue of this Order and without further vesting of assets assuranceand liabilities (a) (b) the undertaking of the Predecessor including the funds, accounts and investments of the Predecessor; subject to this Order, all property rights, liabilities and obligations which immediately before the publication of this Order were property, rights, liabilities and obligations of the Predecessor.

(2) Subject to the approval of the Successor and as hereinafter provided, every bond, deed and agreement for personal service to which the Predecessor was a party before the publication of this Order, whether in writing or not, and whether or not of such a nature that the rights, liabilities and obligations thereunder could be assigned, shall, unless its subject matter or terms make it impossible that it should have effect as modified in the manner provided by this subsection, have effect as from the date of the assignment thereof as if(a) (b) the Successor had been a party thereto; for any reference to the Predecessor there were substituted, as respects anything falling to be done on or after the date of publication of this Order, a reference to the Successor; for any reference to any other officer of the Predecessor not being a party thereto and beneficially interested therein, there were substituted, as respects anything falling to be done on or after the date of publication of this Order, a reference to such officer of the Successor as the Successor shall designate.

(c)

(3) Subject to subsection (2) documents other than those referred to therein, which refer specifically or generally to the Predecessor shall be construed in accordance with the said subsection as far as applicable. 5. (1) Every former council employee who before the date of Transfer of publication is in the service of the Predecessor shall be deemed to be an employees of employee of the Successor, unless within six months of that date he Predecessor gives a written notice to the Local Government Service Commission with a copy thereof to the Successor stating his intention not to transfer

to the service of the Successor and any person who has given such notice shall be retired in the public interest and shall be entitled to be paid all his terminal benefits. (2) Where any person who was in the service of the Predecessor transfers to the service of the Successor under sub-paragraph (1), his terms and conditions of service with the Successor shall be no less favourable than those he enjoyed while in the service of the Predecessor, and his previous service with the Predecessor shall be treated as service under the Successor for the purposes of determining his rights, or eligibility, leave or service under the Successor for the purposes of determining his rights, or eligibility, leave or other benefits. 6. (1) Whenever in pursuance of this Act, any property, rights, liabilities or obligations of the Predecessor are deemed transferred in respect of which transfer of any written law provides for registration, the Successor shall make an application in writing to the proper officer of 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 such transfer and, where appropriate, issue to the transferee concerned a certificate of title in respect of the said property or make necessary amendments to the register, as the case may be, and if presented therefore, make endorsement on the deeds relating to the title, right or obligation concerned; and no registration fees, stamp duty or other duties shall be payable in respect thereof. 7. (1) Without prejudice to the other provisions of this Act where any Legal right, liability or obligation vests in the Successor by virtue of this Order proceedings the Successor and all other persons shall as from the date of publication of this Order 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 or for ascertaining, perfecting or enforcing that right, liability or obligation as they would have had if it has at all times been a right, liability or obligation of the Successor. (2) Any legal proceedings or application to any authority pending immediately before the date of publication of this Order by or against the Predecessor may be continued by or against the Successor. Registration of property to be transferred to Successor

(3) After the date of publication of this Order proceedings in respect of any right, liability or obligation which was vested in, held, enjoyed, incurred or suffered by the Predecessor may be instituted by or against the Successor.

District A City Councils 1. Lusaka Urban 2. Ndola Urban 3. Kitwe 4. Livingstone
B Municipal Councils 5. Chingola

Council Lusaka City Council Ndola City Council Kitwe City Council Livingstone City Council Chingola Municipal Council Mufulira Municipal Council Luanshya Municipal Council Kalulushi Municipal Council Kabwe Municipal Council Chililabombwe Municipal Council Kasama Municipal Council Chipata Municipal Council Mongu Municipal Council Solwezi Municipal Council Mansa Municipal Council Choma Municipal Council Mazabuka Municipal Council Mbala Municipal Council Gwembe District Council Kalomo District Council Namwala District Council Monze District Council Luangwa District Council Sesheke District Council Senanga District Council Kalabo District Council Lukulu District Council Kaoma District Council Mumbwa District Council Chibombo District Council Mkushi District Council Council Serenje District Council Petauke District Council Katete District Council

6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18.

Mufulira Luanshya Kalulushi Kabwe Urban Chililabombwe Kasama Chipata Mongu Solwezi Mansa Choma Mazabuka Mbala

C District Councils 19. Gwembe

20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31.

Kalomo Namwala Monze Luangwa Sesheke Senanga Kalabo Lukulu Kaoma Mumbwa Chibombo Mkushi District

C District Councils-(continued) 32. Serenje 33. Petauke 34. Katete

35. 36. 37. 38. 39. 40. 41. 42. 43. 44. 45. 46. 47. 48. 49. 50. 51. 52. 53. 54. 55. 56. 57. 58. 59. 60. 61. 62. 63. 64. 65.

Chadiza Lundazi Chama Isoka Chinsali Mpika Mporokoso Kaputa Luwingu Chilubi Samfya Mwense Kawambwa Nchelenge Mwinilunga Kabompo Kasempa Mufumbwe Zambezi Ndola Rural Kafue Kapiri Mposhi

Nakonde Nyimba Siavonga Sinazongwe Masaiti Lufwanyama Mpongwe Mungwi Chienge (As amended by S.I. Nos. 104 of 1992, 51 of 1993, 154 and 164 of 1996, and
30 and 62 of 1997)

Chadiza District Council Lundazi District Council Chama District Council Isoka District Council Chinsali District Council Mpika District Council Mporokoso District Council Kaputa District Council Luwingu District Council Chilubi District Council Samfya District Council Mwense District Council Kawambwa District Council Nchelenge District Council Mwinilunga District Council Kabompo District Council Kasempa District Council Mufumbwe District Council Zambezi District Council Ndola Rural District Council Kafue District Council Kapiri Mposhi District Council Nakonde District Council Nyimba District Council Siavonga District Council Sinazongwe District Council Masaiti District Council Lufwanyama District Council Mpongwe District Council Mungwi District Council Chienge District Council

THE LOCAL GOVERNMENT SERVICE ACT THE LOCAL GOVERNMENT SERVICE REGULATIONS [ARRANGEMENT OF REGULATIONS]

PART I PRELIMINARY

Regulation 1. 2. 3. 4. Title Interpretation Application Contracts of service

PART II A A S
DMINISTRATION AND ERVICE

PPOINTMENTS TO THE

L

OCAL

G

OVERNMENT

5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22.

Qualifications Notification of local government offices Constitution of local government office Abolition of local government office Notification of vacancies Advertisements Procedure and forms Selection of candidates Recruitment outside Zambia Criterion for appointments Disqualification for appointment Probation Date of promotion Renewal of contract Retirement Duties and responsibilities of local government officers Duties of local authorities Transfers

PART III

D
23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36.

ISCIPLINE

Regulation Disciplinary control to be prompt Disciplinary proceedings in appropriate cases Interdiction of an officer Suspension of disciplinary proceedings Suspension after conviction Disciplinary proceedings after conviction Procedure after acquittal Institution of disciplinary proceedings Formal disciplinary proceedings Summary disciplinary proceedings Punishments Reports and records of disciplinary proceedings Appeals Application of Part III to officers serving on contract or agreement

PART IV M C
EETINGS OF

OMMISSION

37. 38. 39. 40. 41.

Presiding at meetings Record of meetings Decisions by Commission Dissent Quorum

PART V M
42.

ISCELLANEOUS

Production of relevant documents, etc.

43. 44. 45. 46. 47. 48.

Correspondence Power to review staff complements and gradings Examinations and training Standing Orders Service by post in certain cases Cases not otherwise provided for

SCHEDULE-Classes of persons not subject to Regulations THE LOCAL GOVERNMENT ACT SECTION 93-LOCAL GOVERNMENT SERVICE REGULATIONS Regulations by the Minister
Statutory Instrument 94 of 1992

PART I P
RELIMINARY

1. These Regulations may be cited as the Local Government Service Regulations. 2. In these Regulations, unless the context otherwise requires"appointing authority" means the Commission and includes any person to whom the Commission may have delegated its powers under subsection (3) of section six of the Act; "basic salary" means salary exclusive of all allowances (including any inducement allowance) and of any direct payment made under any assistance scheme; "chief officer" means a Director of Administration, Director of Finance, Director of Engineering Services, Director of Housing and Social Services, Director of Legal Services and Director of Public Health or such other person as the Minister may, by Gazette notice declare to be a chief officer; "Commission" means the Local Government Service Commission established under section ninety-four; "local government employee" means a person employed in the local government service; "local government service" means the unified service of the local government covering all persons employed by and receiving salary or

Title

Interpretation

wages from a local authority; "officer" in relation to any local authority means a person appointed to an office in the permanent establishment and includes a person appointed on probation to such office; "permanent establishment" means the list of offices laid down from time to time by the Commission, with the approval of the Minister, as being the permanent establishment of the local government service; "principal officer" means in relation to a city or municipal council, the Town Clerk, and in relation to a township or district council, the Township or District Manager. "secretary" means the person appointed secretary to the Commission under section ninety-six. 3. These Regulations shall apply to all local government employees except the classes of persons specified in the Schedule to these Regulations. Application

Contracts of 4. With effect from the 6th September, 1991, any contract of service entered into prior to that date between a local government employee and service a local authority shall be deemed to have been made between such employee and the Commission and the provisions of these Regulations shall apply to such contracts: Provided that any such local government employee shall not be subject to any condition of service which is less favourable to him than any corresponding conditions which applied to him immediately before the said date.

PART II A A S
DMINISTRATION AND ERVICE

PPOINTMENTS TO THE

L

OCAL

G

OVERNMENT

5. A person shall not be appointed to any of the following posts unless Qualifications he holds the qualifications set out against such post.
Post (i) Principal Officer (Town Clerk, Township Manager or District Manager)

Qualifications (a)
He is a fellow or associate of the Institute of Local Government Administrators of Zambia;

(b) (c)

He is admitted or, is qualified to be admitted as an advocate of the High Court for Zambia; He is a holder of a university degree in economics, political science, public administration or disciplines acceptable to the Commission, with at least three years' experience in general administration of a local authority or a comparable organisation; or He holds such qualifications as the commission may in any particular case approve.

(d)
(ii) Director of Administration

(iii) Director of Finance

He is a holder of a university degree in economics, political science, public administration or disciplines acceptable to the Commission, with at least three years' experience in general administration of a local authority or a comparable organisation. (a) He is a member of the Chartered Institute of Public
Finance and Accountancy;

(b) (c)

He is a member of the Zambia Association of Accountants; He is a member of the Chartered Institute of Secretaries and Administrators with at least three years' experience in a supervisory capacity in a local authority treasury department or other comparable organisation; or He is a holder of such other qualifications as the Commission may, in a particular case, approve. He is duly registered as a medical practitioner in accordance with the provisions of the Medical and Allied Professions Act; or He is a holder of a diploma in public health or such other qualifications as the Commission, after consultation with the Minister responsible for health, may by statutory order, prescribe.
Cap. 297

(d)
(iv) Director of Public Health

(a) (b)

(v) Deputies

(vi) Director of Housing and Social Services

He is a holder of such qualifications as those stipulated for each position under these Regulations. (a) He is a holder of a University degree in one of the
Social Sciences with at least three years' experience in a supervisory capacity in a housing and social services department of a local authority or other comparable organisation.

(vii) Director of Legal Services

(b)

He is admitted or is qualified to be admitted as an advocate of the High Court for Zambia.

6. Once in every year, the Commission shall, with the approval of the Minister, publish a list of all local government offices.

Notification of local

government offices 7. An application for the constitution of a local government office shall be made to the Commission by a principal officer and every such application shall state(a) (b) (c) (d) (e) the title of the office; the salary or salary scale to be attached to such office; whether the proposed office is to be permanent; the reason why the constitution of such office is considered desirable; the qualifications which will be required for any holder of the proposed office and the duties which any such holder will be required to perform; whether or not funds to service the post are available; and such other details as the Commission may require. Constitution of local government office

(f) (g)

8. An application for the abolition of any local government office shall Abolition of be made to the Commission by the principal officer and every such local application shall stategovernment (a) the reason why it is considered desirable that the office should be office abolished; and (b) such other details as the Commission may require.

Notification of 9. (1) Where a vacancy occurs or it is expected that a vacancy will vacancies occur in any local government office the principal officer shall notify the Secretary and shall state whether, in his opinion the vacancy should be filled by the promotion of an officer serving in the local authority in which such office exists. (2) Where a principal officer recommends the promotion or transfer of an officer serving in the local authority in which the office exists, he shall furnish the Secretary with the record of service in Zambia of the officer recommended. (3) Where the principal officer is unable to recommend the promotion or transfer of an officer serving in the local authority to fill any vacant office, he shall report to the Secretary the names of the officers serving in the cadre or grade from which promotion or transfer would normally be made, together with his reasons for not recommending any of those

officers for promotion or transfer. 10. (1) Subject to sub-regulation (2), applications for appointment to vacant offices shall be invited by public advertisement in Zambia, or with the approval of the Minister, outside Zambia, in such manner as may be determined by the Commission. (2) A vacant office shall not be advertised(a) where the Commission is satisfied that the office should be filled by the promotion, or re-engagement of an officer serving in the local authority in which the vacancy exists or the continued employment of an officer on temporary terms; or in Zambia, where the Commission is satisfied that, in response to advertisements in Zambia, there is no reasonable likelihood of any application being received from a candidate who is qualified and suitable for the office. Advertisement

(b)

11. (1) The Commission shall determine the procedure to be followed Procedure and in dealing with applications for appointment to the local government forms service and shall also determine the forms to be used in connection with the discharge of its functions. (2) The Commission in exercising its powers under the Act and these Regulations may(a) (b) consult with any other person or persons or organisation; or invite any person considered by the Commission to be an expert on any subject on which it wishes to be advised, and to sit together with it in considering the subject in question.

12. In exercising its powers in connection with the appointment, Selection of promotion or transfer of officers in the service, the Commission shall candidates primarily have regard to the necessity of maintaining a high standard of professional conduct and efficiency in the local government service and in so far as it is compatible with that objective shall(a) (b) give the consideration to qualified officers currently in the service of a local authority and to citizens of Zambia; or in the case of officers in the service, take into account their qualifications, experience and merit.

13. Where it appears to the Commission that it is not feasible to recruit Recruitment

a suitable candidate from within Zambia for any office, the Commission outside Zambia may cause to be prepared, a relevant indent on the appropriate form, which will be transmitted to such Missions of Zambia in foreign countries as the Commission considers fit, for publication in any newspapers of these countries, prior to the actual selection of candidates for appointment. 14. (1) In selecting candidates for appointment, an appointing authority shall have regard primarily to the efficiency of the local government service. (2) Where any office in the local government service is vacant only persons satisfying any scheme of service which lays down the qualification for any such office shall be qualified for appointment to such office. (3) Notwithstanding sub-regulation (2), the Minister, may, in consultation with the Commission waive the requirements to a scheme of service, if it is in the interests of the local government service to do so. Disqualification 15. (1) No person who has been convicted of an offence involving for appointment moral turpitude or any other offence which affect the integrity of the local government service, or who has been dismissed from the civil service or the local government service shall be appointed to an office in the local government service except with the prior approval, in writing, of the Minister. (2) No person shall be appointed to an office in the local government service unless he holds such qualifications as have been prescribed for appointment to that office. (3) No person who is not a citizen of Zambia shall be appointed to any office in the local government service, unless the appointing authority is satisfied that it is not feasible to fill the office by the appointment of a citizen of Zambia who is qualified and suitable to hold that office. (4) Any person who, having a family relationship with either a member of the Commission or any of its staff, fails to disclose such relationship at the time of making any application to the Commission, shall be disqualified from any office in the local government service. 16. (1) Where any person is appointed to any office in the local Probation government, otherwise than by promotion or transfer, on permanent terms he shall before being confirmed in such office, serve on probation Criterion for appointments

for a period of two years or for such other period as the Minister may determine for a particular office. (2) Where any person who is required to serve on probation under sub-regulation (1) has previously been employed in the service of Government or a local authority or in such other service as the Commission may determine, the period of such previous service may, in the discretion of the appointing authority, be regarded as service on probation for the purposes of sub-regulation (1). (3) Notwithstanding anything contained in sub-regulation (1) or (2), a local government officer shall remain on probation until he is informed in writing by the appointing authority that(a) (b) he is confirmed in his office; or his appointment is terminated. Date of promotion

17. (1) Where any local government officer is appointed to any local government office on promotion, the effective date of his promotion to such office shall, subject to the provisions of sub-regulation (2), be determined by the appointing authority. (2) The appointing authority shall not fix as a date of promotion a date which is earlier than the last of the following dates: (a) (b) (c) the date on which the vacancy occurred; the date upon which the officer became qualified for promotion; or the date upon which the officer assumes the functions of the office:

Provided that the appointing authority may, having regard to the special circumstances of any particular case, fix a date earlier than the date mentioned in paragraph (c), as the date of promotion. 18. (1) The principal officer, shall, six months before the expiry of any Renewal of officer's contract of service, inform the Secretary accordingly stating in contract particular as to whether the officer in question has indicated in writing, his willingness to renew his contract. (2) Where the serving officer in question has indicated in writing his willingness to renew his contract, the renewal shall be treated as an application for re-appointment.

(3) The procedure for appointment or re-appointment in this case shall be the same as is provided for in these Regulations. 19. (1) Where the Commission proposes to retire any local government officer from service on any of the grounds provided for in the Local Authorities Superannuation Fund Act, it shall inform the officer that(a) (b) it intends to retire him compulsorily from the service; and that the officer is entitled to make a representation to the commission through his principal officer, within such period as may be specified by the Commission against his proposed retirement. Retirement of officers Cap. 284

(2) Where any such representation is made the principal officer shall forward the same to the Secretary together with his own comments thereon. 20. (1) Every local government officer shall faithfully serve, aid and assist the local authority under which he holds an office or which he is attached, posted or transferred, to carry out and obey all lawful orders of that authority and perform the functions of his office impartially, efficiently and expeditiously so as to serve the public and promote their welfare and lawful interests. (2) An officer shall at all times conduct himself in a manner respectful to superior officers. (3) An officer shall report to the principal officer any misconduct or negligence of a subordinate employee which may come to his notice. (4) An officer shall report to the Chief Officer any misconduct liable to disciplinary action committed by another officer as soon as he becomes aware of it. (5) An officer may accept and retain any fees duly authorised and lawfully payable to him by a local authority in respect of any services performed by him in connection with elections or other services for which fees are lawfully payable, if he has been duly appointed or authorised by the Commission to render those services in addition to his normal duties. (6) A candidate before his being appointed, or an officer before his being posted, to the service of a local authority shall disclose to the Duties and responsibilities of local government officer

Commission the particulars of any investment, or shareholding which he owns or any other direct or indirect interest which he has in any business or industrial concern or in any local occupation or undertaking. (7) If, on the basis of any facts disclosed to it, the Commission is of the view that the private interests of an officer or candidate might conflict with his public duties or in any way influence him in the discharge of such duties, the Commission may require the candidate or officer to divest himself of all or any part of those investments, shareholdings or interest. (8) No officer shall, without the authority of the Commission have access to records relating personally to himself, nor shall he without special permission of the Commission or local authority, as the case may be, take copies of any such records, or of minutes or correspondence concerning the Commission or local authority, even though such records, minutes or correspondence pass through his hands in the course of his duties. Duties of local 21. (1) A local authority shall keep and maintain in respect of local government officers such registers and records, furnish the Commission authorities with such returns or reports relating to such officers as may be prescribed by the Commission, and shall communicate to the Commission such information as it may from time to time require. (2) A local authority shall permit any member or officer of the Commission authorised by the Commission in that behalf to enter its office and to inspect and take copies of any books, accounts, records or other documents kept therein. (3) A local authority shall cause and permit every person who is appointed or transferred under these Regulations to any post in the service of such local authority to perform and discharge the functions and duties of that post and shall, out of its funds, pay the salary and allowances of such officer. 22. The transfer of a local government officer involving increase of Transfers salary or promotion to a higher grade or class or, owing to exigencies of the service shall be directed by the Commission, provided that the Commission reserves the right to transfer any officer in any other circumstances from one local authority to another.

PART III D
ISCIPLINE

23. Where disciplinary proceedings are to be taken or may be taken against an officer, the appropriate procedure shall be commenced as soon as possible. 24. (1) Whenever a principal officer has reason to believe that an officer has been guilty of any such misconduct as may warrant disciplinary proceedings, he shall inform the Commission forthwith. (2) Where the Commission is informed under sub-regulation (1) or otherwise that an officer has been guilty of misconduct, it shall, after considering the circumstances of the case, decide whether or not disciplinary proceedings shall be instituted against the officer and direct accordingly: Provided that where such misconduct amounts to a criminal offence, the Commission shall ascertain from the Director of Public Prosecutions whether any criminal proceedings in respect of such offence have been or, are likely to be instituted, and the Commission shall not direct the institution of any disciplinary proceedings until the result of the criminal proceedings becomes known. (3) Whenever criminal proceedings are instituted against an officer, the principal officer shall forthwith submit a report to the Secretary, setting out the facts of the case. 25. (1) Aprincipal officer may interdict a chief officer and a chief officer may interdict an officer directly falling under him, from the exercise of the powers and functions of his office, if he is satisfied that public interest so requires, and(a) if criminal proceedings have been or, are about to be, instituted against such officer; or (b) if disciplinary proceedings entailing dismissal have been instituted or, are about to be instituted, against such officer. (2) Whenever a principal officer or a chief officer interdicts an officer, under these Regulations, he shall notify such officer in writing of the

Disciplinary control to be prompt Disciplinary proceedings in appropriate cases

Interdiction of an officer

reasons therefore and shall deliver a copy of such notice to the Secretary. (3) Any officer who is interdicted under sub-regulation (1) shall, during the period of his interdiction, receive such proportion of his salary, not being less than half of his salary as the Commission may direct. (4) Where criminal proceedings or disciplinary proceedings have been instituted against such an officer under interdiction and such officer(a) and is not convicted as a result of such criminal proceedings, if any;

(b) is not subjected to any punishment under these Regulations as a result of such disciplinary proceedings; the whole amount of his salary withheld under sub-regulation (3) shall upon the expiry of the period of his interdiction, be paid to him. (5) Where criminal proceedings or disciplinary proceedings have been instituted against an officer under interdiction and such officer(a) is or is not convicted as a result of such criminal proceedings, if any; and (b) is subjected to any punishment under these Regulations other than dismissal, as a result of such disciplinary proceedings, he shall, upon the expiry of the period of his interdiction, be paid such proportion of his salary withheld under sub-regulation (3) as the Commission may direct. (6) Subject to the provisions of sub-regulation (3), the interdiction of an officer shall have effect during such period and in accordance with such conditions, as the Commission shall specify in writing to such officer, but where it appears expedient the Commission may at any time during such period abridge or extend such period by further notice in writing to any such officer. (7) Any officer who is interdicted under this regulation shall not leave Zambia without the permission of the Commission, during the period of his interdiction. (8) For the purpose of this regulation "salary" includes any personal allowance, inducement allowance and direct payments made under assistance schemes. 26. Where any criminal proceedings are instituted against any officer, no disciplinary proceedings shall be instituted against him upon any ground which is the subject of such criminal proceedings, and where Suspension of disciplinary proceedings

disciplinary proceedings have already been commenced the same shall be suspended on the institution of criminal proceedings and shall remain suspended until the conclusion of such criminal proceedings and the determination of any appeal arising therefrom. Suspension 27. (1) Where an officer is convicted of an offence such as would warrant disciplinary proceedings for his dismissal, the principal officer after conviction shall, by notice in writing, to the officer, suspend him from the exercise of the powers and functions of his office, and shall cause a copy of such notice to be delivered to the Secretary. (2) Where disciplinary proceedings are instituted against an officer suspended under sub-regulation (1), the principal officer shall direct that the salary of such officer be withheld, as from the date of his suspension, pending the determination of such disciplinary proceedings. (3) Where disciplinary proceedings instituted against any officer suspended under sub-regulation (1) do not result in his dismissal, he shall be paid such proportion of his salary withheld under sub-regulation (2) as the Commission may direct. (4) Subject to the provisions of this regulation, the suspension of an officer shall have effect for such period, and in accordance with such conditions as the Commission may specify by notice, in writing, to such officer, but where it so appears expedient, the Commission may, at any time during such period, reduce or extend such period by a like notice. 28. (1) This regulation applies to a chief officer and a deputy chief officer. (2) Where an officer to whom this regulation applies is convicted of an offence such as would warrant disciplinary proceedings against him, such disciplinary proceedings shall, subject to the provisions of regulation 26, be instituted and determined in accordance with this regulation. (3) Upon the conviction of an officer to whom this regulation applies, the principal officer shall obtain(a) a true copy of the charge; (b) a true copy of the judgement of the court by whom such officer was convicted; (c) in the case of any appeal, a true copy of the judgement of any court by whom such appeal was determined; and Disciplinary proceedings after conviction

(d)

a true record of the proceedings of any such court if available.

(4) The principal shall institute proceedings against an officer, under this regulation, by delivering to such officer a written statement setting out particulars of the charge or charges and the grounds upon which such disciplinary proceedings are instituted, together with a notice requiring such officer to submit to him within such period as the principal officer shall specify, an exculpatory statement, in writing, of the grounds on which such an officer relies to exculpate himself. (5) The principal officer shall submit to the Secretary the documents obtained under sub-regulation (3), with the statement of the charge or charges and the exculpatory statement, if any, referred to in sub-regulation (4), together with his written comments. (6) Notwithstanding the provisions of regulations 30, 31 and 32, the Commission may consider any disciplinary proceedings instituted against an officer under such regulation upon perusal of the documents referred to in sub-regulation (5) and may, in like manner, determine whether such officer is to be dismissed or subjected to some other punishment on account of the offence of which he is convicted. 29. An officer acquitted of a criminal charge in any court shall not be Procedure after dismissed or otherwise punished for any charge upon which he has been acquittal so acquitted, but nothing in this regulation shall prevent him from being dismissed otherwise punished or any other charge arising out of his conduct in the matter. 30. (1) Subject to regulations 24 and 28 disciplinary proceedings under these regulations may be instituted by(a) the principal officers; or (b) a chief officer, in relation to an officer serving within his jurisdiction, unless the misconduct is such that it calls for a punishment greater than that which a chief officer is competent to impose under regulation 33 (3): Provided that the principal officer may institute disciplinary proceedings even in cases where a chief officer is competent to do so. (2) Except as provided in regulation 28(a) any disciplinary proceedings shall be formal disciplinary proceedings to be conducted in accordance with the provisions of regulation 31Institution of disciplinary proceedings

(i) if the officer affected by the proceedings (hereinafter referred to as "the concerned officer") is a chief officer; or (ii) if, as a result of such proceedings, the concerned officer is likely to be awarded the punishment of dismissal, discharge, reduction of rank or reduction in salary; and (b) all other disciplinary proceedings shall be summary disciplinary proceedings to be conducted in accordance with the provisions of regulation 32. 31. (1) Where any formal disciplinary proceedings are to be instituted Formal disciplinary against an officer, the principal officer shall do so, after such proceedings investigations and such consultation with the Director of Public Prosecutions as he considers necessary, by delivering or causing to be delivered to the concerned officer a written statement setting out the particulars of the charge or charges and the grounds upon which such disciplinary proceedings are instituted, together with a notice requiring the concerned officer to submit to the principal officer within such period, not being less than five days, as the principal officer shall specify, an exculpatory statement giving therein the grounds on which the concerned officer relies to exculpate himself. (2) Upon the expiry of the period specified in the notice under sub-regulation (1), the principal officer shall consider the exculpatory statement, if any, of the concerned officer and may(a) either exculpate the concerned officer and inform him accordingly in writing; (b) subject to regulation 33, impose such punishment on the concerned officer as may be proper, having regard to all the circumstances of the case; or (c) submit the case to the Commission, together with a statement of the charge or charges, the exculpatory statement, if any, of the concerned officer, and the written comments of the principal officer. (3) The Commission shall consider any case submitted to it under paragraph (c) of sub-regulation (2), and the documents referred to therein and may(a) either exculpate the concerned officer and direct the principal officer to inform the concerned officer accordingly; or (b) subject to the provisions of regulation 33, impose such punishment on the concerned officer as may be proper, having regard to

all the circumstances of the case. (4) Where it appears to the Commission, upon consideration of the report of the principal officer and the exculpatory statement, if any, of the accused officer, and all other documents submitted to it under sub-regulation (4), that further investigation of the case is necessary, the commission shall, subject to the provisions of sub-regulation (5), appoint a committee to carry out such further investigation as the commission may direct. (5) A committee appointed under sub-regulation (4) (hereinafter referred to as "the committee") shall consist of not less than three members(a) and one of whom shall be a person possessing legal qualifications;

(b) the other two shall be appointed having due regard to the rank and responsibilities of the concerned officer. (6) The committee shall, as soon as may be practicable and before it takes any further step in carrying out an investigation under this regulation, give notice, in writing, to the concerned officer stating that, at a date, and at a place and time, specified in such notice, it intends to investigate such matters as shall be specified in such notice and that the concerned officer is required or, as the case may be, permitted to appear before the committee during such investigation. (7) Whenever any person other than the concerned officer is questioned by the committee in the course of an investigation under this regulation, the concerned officer shall be given the opportunity of being present and of putting questions on his behalf to such person, and any document used by the committee in the course of its investigation shall be made available for scrutiny of the concerned officer at his request. (8) If the concerned officer so requests, the committee may permit the concerned officer to be represented by a legal practitioner or by a public officer nominated by the concerned officer or, with the consent of the concerned officer, by the committee, and the provisions of sub-regulation (7) shall apply in relation to such legal practitioner or such public officer as they apply to the concerned officer. (9) Where it appears to the committee, as a result of its investigation under this regulation that there are grounds for instituting disciplinary proceedings, other than those in respect of which the committee is appointed, the committee shall so inform the Commission in writing. (10) On completion of its investigation under this regulation the

committee shall prepare and submit to the Commission a written report setting out the matters investigated by the committee and such report shall include(a) a statement whether, in the opinion of the majority of the members of the committee, the concerned officer is guilty of the charge alleged against him and investigated by the committee, and a brief statement of the reasons for that opinion; (b) particulars of any matters which, in the opinion of the majority of the members of the committee, tend to aggravate or mitigate, as the case may be, the gravity of the case; and (c) a clear summary of the findings of the committee or, in the case of dissent among the members, of the majority of the members thereof, on the matters investigated by the committee, but the committee shall not make any recommendation as to, or otherwise comment on, the form of punishment that may be imposed on the concerned officer. (11) The Commission may, after considering the report submitted to it under sub-regulation (10), refer the report back to the committee for clarification of such matters arising therefrom or for such further investigation and report, as the Commission may direct; and the committee shall comply with any such direction as soon as may be practicable. (12) The Commission shall consider all matters submitted to it for consideration and determination under this regulation, including any report submitted under sub-regulation (10) or (11), and, subject to the provisions of regulation 33, determine whether any punishment is to be imposed on the concerned officer, and give directions accordingly. (13) Any punishment imposed under this regulation shall be communicated to the concerned officer by the principal officer by means of a notice in writing, and, except in the case of a punishment imposed by the Commission such notice shall also state that the concerned officer has a right of appeal under regulation 35. 32. (1) Where any summary disciplinary proceedings are to be Summary instituted against an officer, the principal officer shall do so, after such disciplinary investigations as he considers necessary, by delivering or causing to be proceedings delivered to the concerned officer a written statement setting out the particulars of the charge or charges and, the grounds upon which such disciplinary proceedings are instituted, together with a notice requiring the concerned officer to submit to the principal officer, within such period as the principal officer shall specify, an exculpatory statement in writing of the grounds on which the concerned officer relies to exculpate

himself. (2) Upon the expiry of the period specified in the notice delivered to the concerned officer under sub-regulation (i) the principal officer shall consider the exculpatory statement, if any, of the concerned officer and shall(a) subject to the provisions of regulation 33, impose such punishment on the concerned officer as may be proper having regard to all the circumstances of the case; or exculpate the concerned officer and inform him accordingly in writing.

(b)

(3) Notwithstanding sub-regulation (1), where it appears to the principal, after such investigations as he considers necessary, that disciplinary proceedings instituted under this regulation would warrant a punishment not more severe than a reprimand, the principal officer may institute such disciplinary proceedings by conveying a reprimand to the concerned officer without a written statement of the charge or of the grounds upon which such disciplinary proceedings are instituted, and it shall be sufficient compliance with this regulation if the principal officer, by notice in writing given to the concerned officer, thereafter, confirms such reprimand and specifies the reasons therefor. (4) Except in the case of a reprimand imposed under sub-regulation (3), the principal officer shall by notice in writing communicate to the concerned officer any punishment imposed on him under this regulation. (5) Except in the case of a severe reprimand or a reprimand the principal officer shall also inform the concerned officer of his right to appeal under regulation 35. (6) The provisions of this regulation shall apply to any disciplinary proceedings instituted by a chief officer, and in its application to such proceedings, this regulation shall be read as if the words "chief officer" were substituted for the words "principal officer", wherever they occur. 33. (1) The Commission may impose any one or more of the following Punishments punishments under these regulations: (a) (b) (c) (d) dismissal; discharge, by due notice or by payment of salary in lieu thereof; reduction in salary; reduction in rank;

(e) (f) (g) (h) (k) (j)

reduction in seniority; deferment of increment; stoppage of increment; withholding of increment; severe reprimand; or reprimand.

(2) A principal officer may impose any one or more of the following punishments under these Regulations(a) (b) (c) (d) deferment of increment; stoppage of increment; withholding of increment; temporary reduction in salary, which may be to a lower salary scale, but which in no case, shall be a point lower than the point at which the officer concerned was appointed and which shall only be a specific point in a recognised salary scale; severe reprimand; or reprimand.

(e) (f)

(3) A chief officer may impose any one or more of the following punishments under these Regulations, on an officer other than a chief officer or a deputy chief officer(a) (b) (c) (d) (e) deferment of increment; stoppage of increment; withholding of increment; severe reprimand; or reprimand.

34. (1) A chief officer shall submit a report to the principal officer of Reports and all disciplinary proceedings instituted and determined by him including records of disciplinary disciplinary proceedings where no punishment was imposed. proceedings (2) The principal officer shall review all disciplinary proceedings reported to him under sub-regulation (1) and he may, if he considers that the punishment imposed is too severe or too lenient, or that no punishment should have been imposed, or that a punishment should have been imposed where no punishment was imposed, refer the matter to the chief officer for such further report as the principal officer may

direct. (3) The principal officer shall make a report to the Secretary, from time to time, as the Commission may direct, of every case where disciplinary proceedings are determined by him or by the chief officer, and shall submit therewith any report made to him under the foregoing provisions of this regulation together with the copy of the relevant exculpatory statement, if any, and a copy of any notice required to be given under regulation 31 or 32 of the result of such disciplinary proceedings. 35. (1) Except in the case of a punishment imposed by the Commission, an officer may appeal to the Commission against any punishment other than severe reprimand or reprimand imposed on him under these Regulations. (2) Every appeal under this regulation shall be addressed to the Secretary and set out clearly the grounds of appeal, and shall be delivered to the principal officer or chief officer who conducted the disciplinary proceedings, not later than twenty-one days of the receipt by the concerned officer of the notice informing him of the punishment imposed on him. (3) Every appeal received by a chief officer shall be submitted by him to the principal officer, who shall without undue delay transmit the same as well as every appeal received by him directly from a concerned officer to the Secretary for consideration and determination by the Commission. (4) In considering any appeal under this regulation, the Commission may give such directions as it may deem necessary for the purpose of determining the appeal. (5) Every determination of the Commission under this regulation shall have effect in accordance with the directions of the Commission and notice in writing thereof shall be given to the appellant by the principal officer. 36. The provisions of this Part shall apply to every officer including an officer serving on contract or agreement, whether on temporary basis or otherwise, and any term or condition in such contract or agreement, providing for the termination of the services of such officer shall be construed to be in addition to, and not in derogation of the provisions of this Part. Application of Part III to officers serving on contract or agreement Appeals

PART IV M C
EETINGS OF THE

OMMISSION

37. Every meeting of the Commission shall be presided over by the Chairman and in the absence of the Chairman, by one of the members elected by the members present at the meeting. 38. A record shall be kept of the members present and the business transacted at every meeting of the Commission. 39. Decisions by the Commission shall be taken at a meeting, by majority of votes of the members present and voting.

Presiding at meetings

Record of meetings Decisions by the Commission

Dissent 40. A member shall be entitled to dissent from a decision of the Commission and to have his dissent and the reason therefor set out in the records of the Commission. 41. Two-thirds of the total number of members of the Commission will Quorum constitute a quorum for a meeting of the Commission.

PART V M

ISCELLANEOUS

42. Any officer who submits any matter for the consideration of the Commission shall ensure that not less than seven fair copies of all relevant documents and papers are made available to the Commission and the Commission may require the production of any document or information relevant to the matter under consideration. 43. All correspondence for the Commission shall be addressed to the

Production of relevant documents, etc.

Correspondence

Secretary, unless otherwise Commission. 44. The Commission may authorise such reviews or investigations into the local government service staff complements and gradings and manpower utilisations it considers necessary for the better administration of local government's personnel policies and the Commission, may accept, respect, or modify the recommendations contained in staff inspection reports and determine the extent to which such reports are made available for consideration by it. 45. (1) The Commission shall conduct written examinations as provided for in approved schemes of service and for other purposes of the local government service. (2) The procedure laid down in these Regulations for making appointments shall, as far as may be, be followed in selecting an officer for any special course of study or training which on completion will qualify the officer for promotion or appointment to a higher post. (3) The Commission shall in consultation with the Government decide on training policies and programmes for the local government officers. 46. Subject to the provisions of these Regulations, the Commission Standing Orders may from time to time issue general orders with regard to application and interpretation of these Regulations, or to lay down the procedure to be followed in any particular matter or class of matters falling within the jurisdiction of the Commission, but not provided for in these Regulations. 47. Where under the provisions of these Regulations(a) it is necessary (i) to deliver, or serve any notice, charge or other document to or upon any officer; or (ii) to communicate any information to any officer by reason of such officer having absented himself from duty; and (b) it is not possible to effect such service, or to communicate such information to such officer personally, it shall be sufficient if such notice, charge or other document or a letter showing such information, is served upon such officer by post to his last known address. Service by post in certain cases Power to review staff complements and gradings

Examinations and training

48. Any case not covered by these Regulations shall be reported to the Cases not Secretary, and the Commission shall determine the procedure to be otherwise adopted in relation thereto. provided for

SCHEDULE
CLASSES OF PERSONS NOT SUBJECT TO THESE REGULATIONS 1. 2. National Joint Council employees Part time junior employees

THE LOCAL GOVERNMENT ACT SECTION 71-THE LOCAL GOVERNMENT (COUNCILLORS' ALLOWANCES) ORDER Order by the Minister

CAP. 281 Statutory Instrument 34 of 1993

1. This Order may be cited as the Local Government (Councillors' Allowances) Order. 2. The allowances payable to councillors shall be as set out in the Schedule hereto.

Title

Allowances payable to councillors Revocation of S.I. No. 161 of 1992

3. The Local Government (Councillors' Allowances) Order 1992, is hereby revoked.

SCHEDULE (Paragraph 2)
Person Entitled

Nature of Allowance 1. Annual Allowance 2. Subsistence Allowance (per night) 3. Sitting Allowance (per day)

Mayor, City Council

Rate K 300,000.00 25,000.00 15,000.00

Mayor, Municipal Council

1. Annual Allowance 2. Subsistence Allowance (per night) 3. Sitting Allowance (per day) 1. Annual Allowance 2. Subsistence Allowance (per night) 3. Sitting Allowance (per day) 1. Annual Allowance 2. Subsistence Allowance (per night) 3. Sitting Allowance (per day) 1. Annual Allowance 2. Subsistence Allowance (per night) 3. Sitting Allowance (per day) 1. Subsistence Allowance (per night) 2. Sitting Allowance (per day) 1. Subsistence Allowance (per night) 2. Sitting Allowance (per day) 3. Transport Allowance (per session) 1. Subsistence Allowance (per night) 2. Sitting Allowance (per day)

240,000.00 20,000.00 10,000.00 120,000.00 15,000.00 7,500.00 60,000.00 10,000.00 5,000.00 30,000.00 10,000.00 2,500.00 10,000.00 5,000.00 10,000.00 5,000.00 1,500.00 5,000.00 2,000.00

Chairman, District Council

Chairman, Township Council

Chairman, Management Board

Councillor, City and Municipal

Councillor, District and Township

Councillor, Management Board

TRAVELLING OUTSIDE ZAMBIA

Councillor, City Municipal, District or Township Council and Management Board

1. Subsistence Allowance while travelling on duty outside Zambia to:

(a)

North America, South America, New Zealand, Australia, Europe, West Africa and Japan (per night)

(b)

Eastern and Southern Africa, India, Pakistan and the rest (per night)

US$240 US$225

Explanatory Notes

(a)

Annual allowance for Mayor and Chairman shall be paid in arrears on a monthly basis.

(b) Subsistence allowance is payable where a councillor is required to stay for one or more nights in any place other than his usual place of abode on civic functions. (c) The number of nights to be spent by a councillor who is on duty outside the Council area shall be determined by the Principal Officer in consultation with the Provincial Local Government Officer. (d) Depending upon the local distances and transport situation in the District, a Council in a rural area shall in consultation with the Provincial Local Government Officer fix, in respect of each councillor resident outside 32 kilometres radius from the civic centre or Council Chamber, the number of nights for which the councillor can claim subsistence allowance per session. (e) A councillor who stays at a Council Rest house or Motel shall be paid subsistence allowance less the cost of boarding and lodging. If the charges are higher than the rate of subsistence allowance payable, the Councillor shall be required to immediately make good any shortfall. (f) Sitting Allowance shall cover out of pocket expenses while attending any Council meeting and it shall be payable on a daily basis during the session. A session shall not exceed three working days and shall exclude weekends and public holidays.

THE LOCAL GOVERNMENT ACT SECTION 84-THE LOCAL GOVERNMENT (COUNCILLORS) (CONDUCT AND MODE OF DRESSING AT MEETINGS) REGULATIONS Regulations by the Minister

CAP. 281 Statutory Instrument 140 of 1995

1. These Regulations may be cited as the Local Government (Councillors) (Conduct and Mode of Dressing at Meetings) Regulations. 2. These Regulations shall apply to all councillors in Zambia. 3. In these Regulations, unless the context otherwise requires-

Title

Application

Interpretation "allowances" means councillors' allowances determined by the Minister Cap. 281 as provided for under the Local Government Act, 1991, by Statutory Instrument; "meeting" means an ordinary or special meeting of a council of a committee; "principal officer" in relation to a city or a municipal council means the Town Clerk; and in relation to a district or a township council, the Council Secretary; "special meeting" means a meeting of the council authorised to be held under subsection (2) of section twenty-two of the Act. 4. (1) A councillor shall not, at any meeting of the council or committee(a) Misconduct, use of abusive misconduct himself by persistently disregarding the ruling of the language etc. at meetings of

Chair, or behaving irregularly or offensively; or (b) use abusive language or, in any way, disturb the business of the council.

council or committee

(2) Where a councillor moves a motion "that the councillor named do leave the meeting", the chairman shall ask the councillor moving the motion to state his reasons and the Chairman shall put the question to the councillors as to whether that councillor should be removed from the meeting and the councillors shall have a secret vote on it. (3) Where the majority of the councillors vote that the councillor in question be removed from that meeting, the Chairman shall order that the councillor do leave the meeting. (4) Where a councillor has been ordered to leave, and does not leave the meeting, the council shall pass a resolution that the councillor so ordered shall miss two full consecutive council meetings and all committee meetings held during the civic year in which the councillor is so removed. (5) Once a councillor has been removed from a council meeting for breach of these Regulations he shall not be paid sitting allowance for that meeting but shall be paid subsistence allowance for one night, where applicable. 5. (1) A councillor shall, by resolution of the council, be suspended for Suspension of a period of six months if hecouncillor (a) (b) misconducts himself so as to create the lack of confidence of the public in, or lower the integrity of, the council; or behaves in such a way as to create, in the mind of the ordinary citizen, lack of confidence in the performance of his duties.

(2) A councillor suspended under sub-regulation (1) shall not during the period of suspension, attend any council or committee meetings held during the civic year in which the councillor is suspended and shall not receive any allowance. (3) Upon expiry of the period during which the councillor is suspended, the council shall, through the principal officer or any other officer assigned to do so by resolution of the council, inform the suspended councillor of that fact and shall inform him of the date when he is to resume his duties.

6. (1) A councillor shall not(a) use confidential information obtained as a result of his duties as a councillor for his personal gain or for the personal gain of others; disclose any confidential information concerning any property of the council, or affairs of the council; or make any public statement to the press regarding the affairs of the council, and particularly negotiations which may operate to the detriment of the council.

Use or disclosure of information

(b) (c)

(2) A councillor who contravenes sub-regulation (1) shall be guilty of an offence and shall by resolution of the Council be suspended for six months. (2) Where a councillor is suspended under sub-regulation (2), sub-regulations (2) and (3) of regulation 5 shall apply. 7. (1) A councillor shall declare interest in a matter involving contracts Declaration of or other transactions with the Council if he or his spouse has a direct or interest indirect pecuniary interest in it. (2) If a councillor does not declare interest under sub-regulation (1) the contract or transaction shall be nullified. (3) Where a contract or transaction is nullified under sub-regulation (2), payment shall be made for work so far done by the contractor or person transacting with the council. 8. (1) If a councillor arrives twenty minutes after the commencement of Arrival and a council or committee meeting, the Chairman shall not allow him into attendance at meetings the meeting and that councillor shall not receive any subsistence or sitting allowance for that meeting. (2) A councillor who does not attend a full session of a council or committee meeting shall not be entitled to any sitting and subsistence allowance for that meeting. 9. (1) Subject to sub-regulation (2) a councillor shall, when attending a Dress for councillors council meeting, dress in a black robe and a wig. (2) Notwithstanding subsection (1) a councillor in a district council

may not wear a robe and a wig, but shall be decently dressed when attending a council or a committee meeting. (3) Acouncillor who contravenes sub-regulations (1) and (2) shall be suspended from attending the council or committee meeting for which he is not properly dressed and shall not receive any sitting allowance for that meeting. 10. (1) A councillor who is aggrieved by any resolution of the council made under these Regulations may, within fourteen days from the date of the resolution, appeal to the Minister. (2) The councillor referred to in sub-regulation (1) shall send a copy of the appeal to the principal officer of the council who shall forward it to the Minister. 11. The Minister shall determine the appeal within thirty days of receipt of the appeal. THE LOCAL GOVERNMENT ACT SECTION 88-THE LOCAL GOVERNMENT (APPOINTMENT OF LOCAL GOVERNMENT ADMINISTRATORS) ORDER Order by the Minister Determination of appeal
CAP. 281 Statutory Instrument 135 of 1992

Appeal

1. This Order may be cited as the Local Government (Appointment of Local Government Administrators) Order. 2. (1) The Officers listed in the Schedule set out in the Appendix hereto are hereby appointed Local Government Administrators for each Council established under Statutory Instrument No. 138 of 1991 as indicated therein. (2) The Local Government Administrators appointed under paragraph (1) shall discharge all the functions of their respective Councils. 3. The Councillors for each Council established under Statutory Instrument No. 138 of 1991, are hereby suspended from performing their functions as Councillors.

Title

Appointment of District Administrators and their functions

Suspension of Councillors

4. The Local Government (Appointment of District Administrators) Order, 1992, is hereby revoked.
APPENDIX

Revocation of S.I. No. 55 of 1992

(Paragraph 2) SCHEDULE (Paragraph 2)
LUSAKA PROVINCE

Lusaka City Council Luangwa District Council Lusaka Rural Council CENTRAL PROVINCE Kabwe Municipal Council Serenje District Council Kabwe Rural Council Mumbwa District council Mkushi District Council COPPERBELT PROVINCE Ndola City Council Kitwe City Council Mufulira Municipal Council Chingola Municipal Council Kalulushi Municipal Council Ndola Rural District Council Chililabombwe District Council Luanshya Municipal Council NORTH-WESTERN PROVINCE Solwezi District Council Kasempa District Council Kabompo District Council Mwinilunga District Council Zambezi District Council Mufumbwe District Council LUAPULA PROVINCE Mansa District Council Kawambwa District Council

Mr W. M. Kabimba Mr C. K. Chisunka Mr R. N. Shangobeka Mr. D. Machai Mr D. H. Mulemwa Mr J. B. Mumbi Mr H. C. Kaimba Mr C. H. Sambondu Mr E. T. Chenda Mr A. D. Simwinga Mr S. R. Mwewa Mr D. Longwe Mr S. E. A. Mathotho Mr E. S. Musonda Mr S. C. Namachila Mr S. S. Msichili Miss R. M. C. Musonda Mr W. M. Matenda Mr B. Akende Mr B. K. Manjimela Mr J. S. Mbunda Mr D. J. Sikazwe Mr R. K. Mwape Mr F. B. Sichone

Mwense District Council Nchelenge District Council Samfya District Council EASTERN PROVINCE Lundazi District Council Chama District Council Chipata Municipal Council Petauke District Council Chadiza District Council Katete District Council NORTHERN PROVINCE Mbala Municipal Council Mpika District Council Chinsali District Council Mporokoso District Luwingu District Council Isoka District Council Kaputa District Council Chilubi District Council WESTERN PROVINCE Mongu District Council Kaoma District Council Senanga District Council Kalabo District Council Lukulu District Council Sesheke District Council SOUTHERN PROVINCE Livingstone Municipal Council Kalomo District Council Choma District Council Namwala District Council Monze District Council Mazabuka District Council Gwembe District Council

Mr G. A. Mudolo Mr C. F. Kabaso Mr P. M. Mwenya Mr F. E. Mwanza Mr B. E. Mwanza Mr C. C. Chibbonta Mr L. M. Luchinde Mr B. M. Tembo Mr. G. Ngozo Mr E. M. M. Ng'ambi Mr A. B. Mwasile Mr A. Mwanakulanga Mr J. D. Muyabala Mr G. M. K. Kayombo Mr F. D. Simasiku Mr E. M. Chishala Mr M. R. Mumpa Mr G. M. Mukongolwa Mr A. K. Mubanga Mr E. W. Lungowe Mr P. J. Banda Mr I. M. Simatele Mr G. S. P. Mbinji Miss I. E. Suba Mr R. J. Mwananyina Mr P. Matibini Mr P. F. K. Lubaya Mr S. S. Chinyanika Mr J. M. Bwembelo Miss L. Mwale
CAP. 281 Statutory Instrument 57 of 1992

THE LOCAL GOVERNMENT ACT SECTION 85-THE LOCAL GOVERNMENT (STREET VENDING AND NUISANCES) (APPLICATION) ORDER Order by the Minister

1. This Order may be cited as the Local Government (Street Vending and Nuisances) (Application) Order.

Title

2. The Local Government (Street Vending and Nuisances) Regulations Application of shall apply to the whole area of all councils. Regulations THE LOCAL GOVERNMENT ACT SECTION 93-THE LOCAL GOVERNMENT (COUNCIL SECRETARIAT) (MEMBER'S FUNCTIONS) ORDER Order by the Minister
CAP. 281 Statutory Instrument 56 of 1992

1. This Order may be cited as the Local Government (Council Secretariat) (Member's Functions) Order.

Title

2. The functions of each member of the Secretariat shall be as set out in Functions of the Schedule. members of secretariat

SCHEDULE (Paragraph 2)
Post Functions

1. Town Clerk or Secretary

2. Director of Administration or Deputy Secretary

3. Director of Finance or Treasurer

The Town Clerk or Secretary as the case may be, shall be the chief executive of the Council and shall have the general responsibility of co-ordinating and supervising the discharge of all the functions of the Council by the Council Secretariat and may perform any or all the functions of the District Secretariat if deemed necessary. The Director of Administration or Deputy Secretary as the case may be, shall have the general responsibility for all personnel and administrative matters of the Council and shall be responsible for matters relating to elections, registry, records, transport and public relations. The Director of Finance or Treasurer, as the case may be, shall be the chief financial controller and shall

4. Director of Engineering Services or Director of Works

5. Director of Housing and Social services

6. Director of Legal Services

7. Director of Public Health

have general responsibility for all matters relating to finance accounts and commercial ventures of the Council. The Director of Engineering Services or Director of Works, as the case may be, shall have the general responsibility for all engineering works and services of the Council (except where the Council shall have made separate contractual arrangements) including the maintenance of services for which the Council is responsible and for such other matters as are normally performed by an engineer. The Director of Housing and Social services shall have general responsibility for all housing and community development, social welfare and public amenities of the Council and shall be responsible for all matters relating to such social and welfare services. The Director of Legal Services shall be the chief legal advisor to the Council and shall be responsible for all legal matters relating to the functions and operations of the Council. The Director of Public Health shall have the general responsibility for all public health services and facilities provided by the Council.
CAP. 281 Statutory Instrument 134 of 1992 Act No. 13 of 1994

THE LOCAL GOVERNMENT ACT SECTION 84-THE LOCAL GOVERNMENT (STREET VENDING AND NUISANCES) (NO. 2) REGULATIONS Regulations by the Minister

1. These Regulations may be cited as the Local Government (Street Vending and Nuisances) (No. 2) Regulations.

Title

2. Subject to Regulation 3 any person who does any act specified in the Offences and First Schedule shall be guilty of an offence and shall, in respect of that penalties offence, be liable, on conviction, to a fine set out in that Schedule. 3. (1) Where any person is summoned under these Regulations to appear before a subordinate court or is arrested or informed by a police Admission of guilt

officer that proceedings will be instituted against him, in respect of any offence committed under these Regulations, but who does not wish to appear in court, he may, before appearing in court to answer the charge against him, sign and deliver to the prescribed officer an Admission of Guilt form set out in the Second Schedule. (2) Where any person admits in accordance with sub-regulation (1), that he is guilty of the offence charged the procedure set out in section one hundred and twenty-one of the Criminal Procedure Code shall apply, with the necessary modifications, and he shall pay, in respect of that offence, the fine set out in the First Schedule. (3) For the purposes of this regulation "prescribed officer" means any police officer of or above the rank of Sub-Inspector.

Cap. 88

4. The Local Government (Street Vending and Nuisances) Regulations, Revocation of 1992, are hereby revoked. S.I. No. 54 of 1992

FIRST SCHEDULE (Paragraph 2)
Penalty units 1. Spitting or vomiting on, or along, a street or prescribed road 2. Throwing litter on, or along, a street or prescribed road 3. Passing urine in any unauthorised place 4. Defecating in any unauthorised place 5. Singing an obscene song or saying obscene word/words in a street or public place 6. Writing an obscene word or drawing an indecent figure or representation or, defacing a permanent structure 7. Wilfully or negligently extinguishing or damaging a street lamp, damaging a lamp-post, telephone or electric light wire, cable, insulator or bracket or standard supporting any such cable or, causing an interruption in the supply of electric current by any means whatsoever, without the permission of the Council or its authorised agent 8. Plying trade by any licensed hawker within an area on more than five days in a calendar month, in the same place for more than thirty consecutive minutes or plying on two or more occasions during twenty-four consecutive hours in the same place. For the purpose of this By-law "place" means a square having sides 91.4 metres in length the centre of which is the piece of ground actually occupied for the time being by the hawker in plying his trade. 9. Sale of local produce in any street or in any public place, other than a market established by the Council, except with the permission of the Council: (a) Food (b) Any other item or produce 10. Depositing or allowing to accumulate or keeping upon any premises any dirt, filth, refuse, rubbish or, any offensive matter or matter likely to become offensive 11. Offering or exposing for sale or depositing in any place for the purpose of sale or preparation for sale and intended for the consumption of man, any animals, carcass, meat, poultry, game, fresh fish, fruit, vegetables, corn, bread flour, milk, butter, eggs or other food which is diseased or unsound or unwholesome or unfit for human consumption 12. Keeping any of the products in item 11 on one's premises or, owing any such products

2 2 8 20 2 40 40 per day 40

20 per day 28 per day 40 per day 40 per day 20 per day

13. Exposing for sale, meat, bread, cakes, cheese, dried fruits, fish, butter or other perishable food-stuffs other than in fly-proof and dust-proof containers or in such other manner as the Council, on advice of the Medical Officer of Health may approve 14. Occupying any brickyard, quarry, market, garden or other land without any title, lease or licence 15. Sale, other than sale negotiated between the parties privately, exposure of goods for sale by auction or otherwise within the area, or placing wares, merchandise, awnings or packages or materials of any description in any part of the area used by persons in common without the previous written permission of the Council 16. Exposing for sale unwrapped bread or unpackaged sugar, salt or any consumable foodstuff 17. Omitting to do or, doing a thing which is, or may be offensive, dangerous to life, or injurious to health 18. Unauthorised tyre mending along a street or premises 19. Operating an unlicensed taxi 20. Heavy vehicle parking in any unauthorised place 21. Unlicensed tailoring business along a street or premises 22. Selling unwrapped bread

40 per day 20 per day 40 per day

40 per day 20 per day 20 per day 40 per day 40 per day 40 per day 1 per loaf (As amended by Act No. 13 of 1994)

SECOND SCHEDULE (Paragraph 3) ADMISSION OF GUILT FORM
THE PEOPLE versus WITH REFERENCE to the charge of in answer to which I have been required to appear before the Subordinate Court (Class ) on the .19..... I hereby admit that I am guilty of the offence charged and request that sentence may be passed in my absence. I deposit herewith(a) the sum of penalty units being the maximum amount of the fine which may be imposed by the court (or as the case may be, the amount fixed by the prescribed officer); (b) as security for the payment within one month, of any fine which may be imposed on me by the court. I have received a notice and statement of facts relating to the charge referred to above (which has been interpreted and explained to me). Signature (or thumb print)

INTERPRETER'S CERTIFICATE (where applicable)

I certify that I have interpreted the foregoing to the accused person whose signature appears above, and to the best of my knowledge he has understood its meaning.
Signature

DEPOSIT RECEIPT RECEIVED:

(a) the sum of penalty units; or (b) the above mentioned security. Signature (Prescribed Officer) Witness NOTES-(a) In no circumstances whatsoever is a member of the Zambia Police Force other than a prescribed officer to accept any sum of money the subject of this receipt; (b) A receipt for the sum deposited, or any portion thereof, which is subsequently refunded should be obtained whenever practicable on the reverse of the triplicate copy of this form.

THE LOCAL GOVERNMENT ACT SECTION 93-THE LOCAL GOVERNMENT (CREATION AND ABOLITION OF POSTS) REGULATIONS Regulations by the Minister

CAP. 281 Statutory Instrument 53 of 1992 104 of 1992 146 of 1993

1. These Regulations may be cited as the Local Government (Creation Title and Abolition of Posts) Regulations. 2. The posts set out in the First Schedule are hereby abolished. Abolition of posts

3. The posts set out in Part I of the Second Schedule are hereby created. Creation of posts 4. Any person who was holding a post in the First Schedule before the Person holding abolition of these posts shall be deemed to hold a corresponding post set post in First Schedule to out in Column B of Part II of the Second Schedule. hold post in (As amended by 146 of 1993) Second Schedule

FIRST SCHEDULE (Paragraph 2)
(a) (b) (c) District Executive Secretary Political Secretary Administrative Secretary

(d) (e) (f) (g) (h) (k)

Development Secretary Financial Secretary Commercial and Industrial Secretary Security Secretary Social Secretary Legal Secretary

SECOND SCHEDULE (Paragraph 2)
PART I City Council and Municipal Council: (a) (b) (c) (d) (e) (f) (g) District Council: (a) (b) (c) (d) Secretary Deputy Secretary District Treasurer Director of Works Town Clerk Director of Administration Director of Finance Director of Legal Services Director of Engineering Services Director of Housing and Social Services Director of Public Health

PART II

Column A
District Executive Secretary

Administrative Secretary Development Secretary

Financial Secretary Social Secretary Legal Secretary

Column B Town Clerk or Secretary, as the case may be. Director of Administration or Deputy Secretary, as the case may be. Director of Engineering Services, Township Engineer or Director of Works, as the case may be. Director of Finance or Treasurer, as the case may be. Director of Housing and Social Services. Director of Legal Services. (As amended by 104 of 1992)

THE LOCAL GOVERNMENT ACT SECTION 64-THE LOCAL ADMINISTRATION (TRADE EFFLUENT) REGULATIONS Regulations by the Minister

CAP. 281 Statutory Instrument 161 of 1985 Act 13 of 1994

1. These Regulations may be cited as the Local Administration (Trade Title Effluent) Regulations.*
*These Regulations are continued in operation by virtue of section 15 of the Interpretation and General Provisions Act Cap. 2.

2. In these Regulations, unless the context otherwise requires"area" means the area under the jurisdiction of the Council; "average sewage strength" means all sewage, domestic and trade effluent received at the Council's sewage purification works; "chemical parameters" means the group of substances listed in items 7 to 53 of the First Schedule; "Council" means any council to which these Regulations have been applied in accordance with section sixty-five of the Act; "operating day" means the period of twenty-four hours commencing at midnight and ending the following mid-night; "physical parameters" means the physical characteristics listed in items 1 to 6 of the First Schedule; "public sewer" means a sewer belonging to the Council; "trade effluent" means water or any other liquid which has been used for medical, trade or industrial purposes and as a result of such use has been polluted within or beyond the legally enforceable limiting values with respect to physical, chemical and microbiological characteristics and so requires treatment before discharge into the environment. 3. (1) No person shall, without the written permission of the Council, discharge any trade effluent in any water course or on any land in the area. (2) In granting permission under sub-regulation (1), the Council may impose such conditions as it considers necessary, and may at any time vary such conditions or revoke such permission.

Interpretation

Consent to discharge trade effluent

(3) The point at or through which trade effluent is to be discharged shall be subject to the prior written permission of the Council; and where appropriate, such discharge shall be made through such approved connection to the sewer as is maintained by the Council.
*These Regulations are continued in operation by virtue of section 15 of the Interpretation and General Provisions Act Cap. 2.

4. (1) Any discharge of trade effluent into a public sewer shall conform Conditions and to the conditions and standards for chemical and physical parameters set standards for out in column 2 of the First Schedule. trade effluent and public (2) Any discharge from any sewage works or any discharge other than sewage as provided for in sub-regulation (1) shall conform to the conditions and discharge standards for chemical and physical parameters set out in column 3 of the First Schedule. 5. The Council may prescribe(a) (b) (c) the hours during which trade effluent may be discharged into a sewer; the maximum hourly rate at which trade effluent may be discharged into a sewer; and the total volume of trade effluent which may be discharged into a sewer during an operating day. Methods and frequency of sampling and analysis Regulating discharge of trade effluent

6. (1) A composite sample shall be obtained by collecting effluent discharged from a plant during an operating day either(a) (b) continually during a sampling period of twenty-four hours at a rate in proportion to the flow rate of the effluent discharged; or in such manner that equal volumes of effluent are delivered into a receptacle at equal intervals of not longer than one hour during a sampling method of twenty-four hours.

(2) The frequency of sampling and analysis of the composite samples shall be done on a regular basis to be determined by the Council. (3) The concentration in milligrammes per litre of any substance described in any item of the First Schedule in each composite sample shall be determined by the method set out therein. (4) The procedures pertaining to sampling, preservation, storage and

analysis of samples as outlined in the publication Standard Methods for the Examination of Water and Waste Water, (15th Edition, 1980) or any other method approved in writing by the Minister, shall be adhered to. 7. (1) The occupier of any trade premises from which any trade effluent Measuring devices and is proposed to be discharged shall provide and maintain at his own inspection expense on such premises and to the satisfaction of the Councilchambers (a) an inspection chamber or manhole in a position and of dimensions to be approved by the Council on each pipe or channel through which trade effluent is proposed to be discharged; and (b) at such inspection chamber or manhole, either a notch gauge and continuous recorder, or similar apparatus suitable and adequate for measuring and adequately recording or calculating the volume of trade effluent proposed to be discharged; such other apparatus as may be reasonably necessary for obtaining samples and for measuring and controlling the volume and rate of flow:

(c)

Provided that if the Council is satisfied in the case of any premises that the occupier has some other means available to the Council for measuring, recording, sampling, controlling, calculating or otherwise determining the volume of trade effluent proposed to be discharged into a sewer, it may, in writing exempt such trade premises from all or any provisions of this regulation. (2) Any duly authorised officer of the Council shall at all times have a right of access to any trade premises from which any trade effluent is discharged into a sewer to inspect, examine and test any inspection chamber or manhole or apparatus for measuring and recording or calculating or otherwise determining the volume of trade effluent discharged, and to take samples of such trade effluent for determining its nature and composition and for the taking of official samples. 8. The Council or its authorised officer may take samples of trade effluent at any time and at any trade premises from which any trade effluent is discharged. 9. The occupier of any trade premises from which trade effluent is discharged shall notify the Council forthwith of(a) Sampling of trade effluent

Alteration and cessation of any change in the process of manufacture, or in the raw materials trade used, or of any other circumstances which are likely to alter the

nature or composition of such trade effluent; and (b) any circumstances which may result in the permanent cessation of such discharge. Accuracy in data recording and measuring devices

10. If at any time the apparatus provided for the purpose of measuring and recording or calculating or otherwise determining the volume of trade effluent discharged ceases properly to measure, record, calculate, or otherwise determine, or is suspected by the Council of not properly measuring, recording, calculating, or otherwise determining, then the volume of the trade effluent discharged into a sewer during the period from the date when the apparatus was last accepted by the Council as being correct up to the date when the apparatus is again accepted by the Council as being correct shall be pro rated according to the volume when the apparatus was last accepted by the Council as being correct.

Charges for 11. Any person who discharges trade effluent into the public sewer shall pay to the Council a trade effluent charge which shall be calculated disposal of trade effluent in accordance with the formula set out in the Second Schedule: Provided that the minimum charge for the disposal of any trade effluent, not exceeding one cubic metre per day, shall be one hundred and twenty-five thousand fee units per calendar year. (As amended by Act No. 13 of 1994) 12. Any person aggrieved or adversely affected by any decision of a Council may appeal to the Minister. Appeals from decisions of Councils

13. (1) Any person who contravenes any provision of these Regulations Offences and shall be guilty of an offence and shall be liable, upon convictionpenalties (a) (b) in the case of a first offence, to a fine not exceeding seven hundred and fifty penalty units; and in the case of a second or subsequent offence to a fine not exceeding one thousand five hundred penalty units or to imprisonment for a period not exceeding six months, or to both.

(2) In addition to or in substitution for the penalty prescribed in sub-regulation (1), the court may order that any expenses incurred by the Council in consequence of such contravention be paid by the convicted person.

(As amended by Act No. 13 of 1994) 14. (1) In any order made under section sixty-five of the Act applying Period for these Regulations to any area, a period of not less than twelve months compliance shall be specified during which undertakings situated in the area are required to start complying with these Regulations, and if no such period is specified, a period of twelve months shall be deemed to have been specified. (2) No person shall be convicted of an offence under regulation 13 if such offence was committed during the period specified under sub-regulation (1).

FIRST SCHEDULE
(Regulation 4) TABLE OF STANDARDS FOR TRADE AND OTHER EFFLUENTS Column 1

SUBSTANCE

Column 2 TRADE EFFLUENT INTO PUBLIC SEWER

Column 3 SEWAGE AND OTHER EFFLUENT

A. PHYSICAL 1.Temperature

60°C. After mixing of the waters, the temperature should not exceed 40°C The treatment plant ensure discolouration dyestuffs in the waste water The odour must not cause any nuisance

40°C at the point of entry

(Thermometer) 2.Colour Hazen (Spectrophotometer) 3.Odour and Taste (Threshold odour Number) 4.Total suspended solids (Gravimetric method) 5.Settleable matter sedimentation ml/L (Imhoff funnel) 6.Salinity/Residue mg/L (Evaporation and Gravimetric method)

Must not cause any colouration of the receiving water Must not cause any deterioration in taste or odour as compared with the natural state 50 mg/L. Must not cause 1,200 mg/L (Avoid formation of sludge or scum blockage of sewer, effect free flow) in receiving waters 1.0 ml/L in 2 hours (Avoid 0.5 ml/L in 2 hours. Must not cause formation of blockage of sewer, effect free flow) sludge in receiving water 7,500 mg/L. The salinity 3,000 mg/L. The salinity of must not affect the discharge waste water must not and treatment or adversely affect surface

installations or their functioning B. CHEMICAL 7.pH (0-14 scale) (Electrometric method) 8.Dissolved Oxygen mg oxygen/L (Modified Winkler method and Membrane-electrode method) 9.Chemical Oxygen Demand (COD) (Dichromate method) 6-10 No requirements

water

6-9 After complete mixing, the oxygen content must not be less than 5 mg/L. Extreme temperature may result in lower values COD based on the limiting values for organic carbon 60-90 mg 0 2 /L average for 24 hours 50 mg 0 2 /L (mean value over a 24 hours period). According to circumstances in relation to the self-cleaning capacity of the waters The nitrates burden must be reduced as far as possible according to circumstances: Watercourses <50 mg/L; Lakes <20 mg/L 1.0 mg NO 2 as N/L

1,800 mg/L

1,200 mg/L 10.Biochemical Oxygen Demand (BOD) (Modified Winkler method and Membrane Electrode method) 11.Nitrates (NO 3 as introgen (Spectrophotometric method and Electrometric method) 12.Nitrite (NO 2 as nitrogen/L) (Spectrophotometric sulfanilamide)
Column 1

80 mg/L

10.0 mg NO 2 as N/L

SUBSTANCE

Column 2 TRADE EFFLUENT INTO PUBLIC SEWER

Column 3 SEWAGE AND OTHER EFFLUENT

C. METALS 13.Organic Nitrogen 300 mg N/L* (Spectrophotometric method N-Kjeldhal) (*the % of nutrient elements for degradation of BOD should be 0.4-1% for phosphorous (different for processes using algae)) 14.Ammonia and 50 mg/L Ammonium (Total) (NH 3

5.0 mg/L mean*

The burden of ammonium salts must be reduced as far

as N/L) Nesslerization method and Electrometric method) 15.Cyanides (Spectrophotometric method) 16.Phosphorous (Total) (PO4 as P/L) (Colorimetric method)

0.5 mg/L

as 10 mg/L (depending upon temperature, pH and salinity) 0.1 mg/L

45 mg/L

17.Sulphates (Turbidimetric 500 mg/L method) 18.Sulfite (Iodometric 10 mg/L method 19.Sulphide (Iodometric and 1 mg/L Electrometric method) 20.Chlorides Cl/L (Silver nitrate and Mercuric nitrate) 21.Active chloride Cl2/L (Iodometric method) 22.Active Bromine (Br2/L) (Iodometric method) 23.Fluorides F/L (Electrometric method and Colorimetric method with distillation) 24.Aluminium compounds (Atomic Absorption method) 25.Antimony (Atomic Absorption method) 26.Arsenic compounds (Atomic Absorption method) 27.Barium compounds (water soluble concentration) (Atomic Absorption method) 1,000 mg/L

(0.5-3.0 mg/L) (0.5-3.0 mg/L) (<30 mg/L)

Treatment installation located in the catchment area of lakes: 1 mg/L; located outside the catchment area: reduce the load of P as low as possible (PO4<6 mg/L) The sulphate burden must be reduced as low as possible 1 mg/L (presence of oxygen changes SO3 to SO4) 0.1 mg/L (depending on temperature, pH and dissolved 02) Chloride levels must be as low as possible as < (800 mg/L) 0.5 mg/L 0.1 mg/L 10 mg/L

<20 mg/L

<10 mg/L

0.5 mg/L (inhibition of oxidation) 1.0 mg/L

0.5 mg/L 1.0 mg/L

1.0 mg/L

0.5 mg/L

28.Beryllium salts and compounds (Atomic Absorption method)
Column 1

0.5 mg/L (inhibition of oxidation)

0.1-0.5 mg/L (according to circumstances)

SUBSTANCE

29.Boron compounds (Spectrophotometric method-Curcumin method) 30.Cadmium compounds (Atomic Absorption method) 31.Chromium Hexavalent Trivalent (Atomic Absorption method) 32.Cobalt compounds (Atomic Absorption method) 33.Copper compounds (Atomic Absorption method) 34.Iron compounds (Atomic Absorption method) 35.Lead compounds (Atomic Absorption method) 36.Magnesium (Atomic Absorption method and Flame photometric method) 37.Manganese (Atomic Absorption method) 38.Mercury (Atomic Absorption method) 39.Molybdenum (Atomic Absorption method) 40.Nickel (Atomic Absorption method) 41.Selenium (Atomic Absorption method)

Column 2 TRADE EFFLUENT INTO PUBLIC SEWER <50 mg/L

Column 3 SEWAGE AND OTHER EFFLUENT <10 mg/L

1.5 mg/L

0.5 mg/L

5.0 mg/L

0.1 mg/L

0.5 mg/L

0.5 mg/L

3.0 mg/L

1.0 mg/L

15.0 mg/L 1.5 mg/L

<2 mg/L 1.5 mg/L

<1,000 mg/L

<500.0 mg/L

10.0 mg/L 0.01 mg/L 5.0 mg/L 2.0 mg/L <1.0 mg/L

<3.0 mg/L 0.001 mg/L 0.5-5.0 mg/L 2.0 mg/L <0.05 mg/L

42.Silver (Atomic Absorption method) 43.Thallium mg (Atomic Absorption method) 44.Tin compounds (Atomic Absorption method) 45.Vanadium compounds (Atomic Absorption method) 46.Zinc compounds (Atomic Absorption method) D. ORGANICS 47.Total hydrocarbons (Chromatographic method) 48.Oils (Mineral and Crude) (Chromatographic method and Gravimetric method) 49.Phenols (steam distillable) (Non-steam distilled) (Colorimetric method)
Column 1

0.1 (inhibition of oxidation) 1.0 mg/L 2.0 mg/L 1.0 mg/L

0.1 mg/L <0.5 mg/L 2.0 mg/L 1.0 mg/L

25.0 mg/L

10.0 mg/L

10.0 mg/L

20.0 mg/L

100.0 mg/L (after 1-2 mg/L installation of oil separators) 20.0 mg/L (after installation of demulsifier) 5.0 mg/L 1.0 mg/L 0.2 mg/L 0.05 mg/L

Column 2 TRADE EFFLUENT INTO SUBSTANCE PUBLIC SEWER 50.Fats and saponifiable oils No requirement but (Gravimetric method and installation of oil and fat Chromatographic method) separators 51.Detergents (Anionic) 10.0 mg/L Alkybenzene (Atomic Absorption sulfonate not permitted Spectrophotometric) 52.*Pesticides and PCBs 1.0 mg/L (Total) (Chromatographic method) 53.Trihaloforms 1.0 mg/L (Chromatographic method) E. RADIOACTIVE MATERIALS

Column 3 SEWAGE AND OTHER EFFLUENT 20.0 mg/L

2.0 mg/L (Detergents should contain at least biodegradable compounds) 0.5 mg/L (Reduce to a minimum) 0.5 mg/L (Reduce to a minimum)

54.Radioactive materials as No discharge accepted Not permitted specified by IAEA * There are approximately 4,000 pesticides, herbicides and PCBs. The normal practices as per the works of reference hereinafter mentioned shall be used in respect thereof.
References:

1. Environmental Protection Agency-Code of Federal Regulations-Protection of Environment Parts 1 to 399. US Government Printing Office, Washington USA (1979). 2. Environment Canada-Environmental Protection Service (EPS-1) Water Pollution Control Directorate Regulations, Codes and Protocols. 3. Kratel, R., Draft Water Pollution Control Act, Lusaka, Zambia (1981). 4. Lund, H. F., "Industrial Pollution Control Handbook" McGraw-Hill Book Company (1971). 5. APHA, AWWA, WPCF, "Standard Methods for the Examination of Water and Wastewater 15th Edition (1980)"

SECOND SCHEDULE
(Regulation 11) CHARGE FOR THE DISPOSAL OF TRADE EFFLUENTS The formula for working out the charges shall be as follows:

C=V +
Where,

(

X+Y+Z W 20 7

)

B+

(

Q R

)

S

C = the charge, in fee units per 1,000 litres for the disposal of trade effluent; V = the volume charge in fee units per 1,000 litres for conveyance, reception and preliminary treatment of average sewage received at the works; X = the COD in milligram per litre of the trade effluent; Y = the concentration in milligram per litre of total toxic metals in the trade effluent; Z = the concentration in milligram per litre of cyanogen compounds (as CN-), which on acidification liberate HCN, in the trade effluent; W = the COD in milligram per litre of settled sewage; B = the cost in fee units per 1,000 litres of biological purification of settled average sewage; Q = the suspended solids in milligram per litre of the trade effluent; R = the suspended solids in milligram per litre of average sewage treated at the works; S = the cost of sludge disposal expressed in ngwee per 1,000 litres of average sewage received at the works. Explanatory Notes on Formula (i) The cost in fee units per 1,000 litres for V, B and S are to be determined by the Council at the commencement of each financial year and are to be based on the annual costs ascertained for the purpose of the rate levy for sewers and sewage disposal for that year. (ii) year. (iii) The values for W and R are the means from the analysis of hourly samples taken over a series of 24-hour periods during the previous financial year. (iv) The factors of 20 and 7 in relation to Y and Z arise from the limits of toxic materials which may be discharged under the conditions of the consent. The values of X, Y, Z and Q are the means of the results from the analysis of samples taken during the preceding financial

(v) COD means the chemical oxygen demand of a sample of trade effluent measured in accordance with the methods used at the Water Pollution Research Laboratory, Stevenage (WPL Procedure No. 17, February, 1969). (vi) Suspended solids means those solids retained on a Whatman GF/C glass fibre filter paper when a shaken sample is filtered. (vii) The determination of chromium compounds is done by using Atomic Absorption Spectrophotometer. (viii) Cyanogen compound is determined by distillation and titrimetric method using Rhodamine as indicator as described in "American Standard Methods for the Examination of Water and Waste Water 14th edition". (ix) The toxic metals, copper, cadmium, nickel, zinc and tin are determined by using Atomic Absorption Spectrophotometer. (x) The volume of effluent discharged shall be based on figures obtained during the year from meters or flow recording apparatus as assessed and certified by a Council officer authorised by the Council for the purpose or as otherwise agreed, assessed and certified by the said Council officer. In assessing the volume of trade effluent discharged, records of the water consumed at the premises shall be taken into account and due allowance made for use for domestic and other purposes not related to trade effluent. The minimum quarterly charge for the disposal of any trade effluent shall be fifty fee units.

THE LOCAL GOVERNMENT ACT THE LOCAL ADMINISTRATION (TRADE EFFLUENT) REGULATIONS SECTIONS 64 AND 65-THE MUFULIRA DISTRICT COUNCIL (TRADE EFFLUENT) REGULATIONS (APPLICATION) ORDER Order by the Minister 1. This Order may be cited as the Mufulira District Council (Trade Effluent) Regulations (Application) Order.*

CAP. 281 Statutory Instrument 85 of 1987

Title

Application of 2. The provisions of the Local Administration (Trade Effluent) Regulations, 1985, shall as from 1st May, 1988, apply to the whole area S.I. No. 161 of 1985 of the Mufulira District Council.
*This Order is continued in operation by virtue of section 15 of the Interpretation and General Provisions Act Cap. 2.

THE LOCAL GOVERNMENT ACT (T E )R T L A S 64 65-T K U D C (T E )R (A )O Order by the Minister
HE OCAL DMINISTRATION HE RADE FFLUENT ECTIONS RADE AND ABWE RBAN ISTRICT FFLUENT EGULATIONS PPLICATION EGULATIONS OUNCIL

CAP. 281 Statutory Instrument 37 of 1988

RDER

1. This Order may be cited as the Kabwe Urban District Council (Trade Title Effluent) Regulations (Application) Order.* 2. The provisions of the Local Administration (Trade Effluent) Application of Regulations, 1985, shall as from 1st May, 1989, apply to the whole area S.I. No. 161 of of the Kabwe Urban District Council. 1985
*This Order is continued in operation by virtue of section 15 of the Interpretation and General Provisions Act Cap. 2.

THE LOCAL AUTHORITIES (FINANCIAL) REGULATIONS [ARRANGEMENT OF REGULATIONS]

PART I PRELIMINARY
Regulation 1. 2. 3. Title Application Interpretation

PART II E
STIMATES

4. 5. 6. 7. 8. 9. 10. 11.

Forms of estimates Preparation of estimates Final capital estimates Approval of estimates by Minister No expenditure before approval of estimates Procedure if no provision or inadequate provision Supplementary estimates of expenditure Procedure if shortfall in income

PART III

G
12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23.

ENERAL

A

CCOUNTING

R

ESPONSIBILITIES

Responsibilities of Treasurer Erasures in accounts Register of cheques and cash Approval of accounting system and forms Register of official accounting documents Observance of instructions Delegation of responsibility Banking of cheques and cash Reconciliation of bank accounts Checking of cash Procedure at the end of financial year Internal audit

Regulation 24. 25. 26. 27. 28. Access to records Functions of internal auditors Heads of Departments not relieved of responsibility Irregularities Preservation of accounting records

PART IV S S B
AFES, TRONG

OXES,

C B
ASH

OXES AND

S

PECIE

B

OXES

29. 30. 31. 32. 33. 34. 35.

Definition of "safes" Responsibility for obtaining safes Care of safes and keys Loss of keys Private money not to be kept in Council safe Register Weekly check

36.

Cash in transit

PART V B A
ANK

CCOUNTS AND

C

HEQUES

37. 38. 39. 40. 41. 42. 43. 44. 45. 46. 47. 48. 49.

Bank accounts and signatories Use of private accounts prohibited Security of unused cheques Lost cheques Overdraft Signing of cheques Acceptance of cheques Security of cheques received Cashing of cheques from public money Bank statements Receipts and payments account and cash flow statements Audit of cheques Security of cheques in payment for goods supplied on Local Purchase Order

PART VI R B F
ECEIPT OOKS AND

ORMS

Regulations 50. 51. 52. 53. 54. 55. 56. 57. Definition of "receipt form" ssue of receipts Checking of receipts received Register of receipt forms Consecutive issues Destruction of obsolete receipts Recording of destruction of obsolete forms Monthly check of unused receipt forms

58. 59. 60. 61. 62. 63. 64. 65. 66. 67.

Handing over certificates to record receipt forms Notice to public about official receipts Completion of receipts Cancelled receipts Method of cancelling receipts Office of issue of receipts Consecutive receipts Duplicate licences Certified copies of receipt forms Audit and destruction of receipt forms

PART VII R R
ECEIPT OF

EVENUE

68. 69. 70. 71. 72. 73. 74. 75. 76. 77.

Private use of revenue prohibited Receipts to be issued Classification of revenue Cash collection sheets Bringing revenue to account Cash surplus Revenue collectors not to open mail Providing information for collection of revenue Outstanding debts Write-off by Council

PART VIII C E
ONTROLLING OF

XPENDITURE AND

P

AYMENTS

Regulation 78. 79. 80. Payment vouchers Details on payment vouchers Preparation of vouchers

81. 82. 83. 84. 85. 86. 87. 88. 89. 90. 91. 92. 93. 94. 95. 96. 97. 98.

Authority for payment Signing of vouchers Panel of signing officers Responsibilities of officers signing vouchers Recoverable payments Suppliers invoices to be attached Duplicate invoices Duplicate requisition forms Methods of payment Security of open cheques Availing of discount Responsibilities of cheque signatories Delivery of cash or cheques Identification of payees Daily accounting for payments Responsibility of officers signing warrants, requisitions or local purchase orders Extraordinary payments Custody of original documents

PART IX P S
AYMENT OF

ALARIES AND

W

AGES

99. 100. 101. 102. 103. 104. 105. 106. 107.

Day of payment Calculation of salary Adjustment of salary or other moneys due to death, etc. Salaries of convicted officers Method of payment and deductions for officers Method of payment Gross salary and deductions to be charged Unclaimed wages Security precautions with regard to payments of wages

Regulation 108. 109. Internal check over payment of wages Attendance records

PART X I
MPRESTS

110. 111. 112. 113. 114. 115. 116. 117. 118. 119. 120.

Types of imprest Special imprests outside Zambia Sub-imprests Amount of standing imprest Amount of special imprest Special imprests limitation Restriction in use of imprests Register of imprests Cash book for imprests Retirement of special imprests Retirement of standing imprests

PART XI H T
ANDING AND

AKING

O

VER

121. 122. 123. 124.

Handing-over procedure Safe keys Discrepancies on handing over Handing-over certificate

PART XII L C M
OSSES OF OUNCIL

ONEY AND

S

TORES

125.

Definition of "losses"

126. 127. 128. 129. 130. 131. 132.

Report of losses Investigation of losses Write-off by Treasurer Report by the Treasurer Write-off by Council Assessment of claim against defaulting officer Action for recovery

PART XIII P T
URCHASES,

ENDERS AND

C

ONTRACTS

Regulation 133. 134. 135. 136. Regulations governing all purchases Payment for execution of works Final certificate on contract Unusual claim of contractor

PART XIV B I
ORROWINGS AND

NVESTMENTS

137. 138. 139. 140.

Borrowings Form of investments Investment Register of investments

PART XV S S
TOCKS AND

TORES

141. 142. 143. 144.

Custody of stocks and stores Stock limit Providing Information Stocktaking

145.

Record of Stocks and Stores

PART XVI S D
ECURITY AND

ISPOSAL OF

A

SSETS

146. 147. 148. 149.

Physical verifications Care of Safes and Keys Custody of Cash Boxes Disposal of surplus materials

PART XVII I
NVENTORIES

150. 151. 152. 153.

Inventories Physical check Council property to be used for Council purposes Legal Documents

PART XVIII I
NSURANCE

154. 155.

Insurance covers Changes in policies
Statutory Instrument 125 of 1992

SECTION 46-THE LOCAL AUTHORITIES (FINANCIAL) REGULATIONS

Regulations by the Minister

PART I PRELIMINARY
1. These Regulations may be cited as the Local Authorities (Financial) Title Regulations.

2. These Regulations shall apply to a Council which has not made financial regulations under subsection (1) of section forty-six of the Local Government Act or which has not adopted these Regulations as specified in subsection (2) of section forty-six of the Act. 3. In these Regulations, unless the context otherwise requires"accounting unit" means the Treasurer's Department of the Council; "advance" means any recoverable sum of money issued to any person where such advance is in the Council's interest and is repayable at some future date; "collector of revenue" means an officer of the Council who is charged with the duty of collecting any type of Council revenue; "controlling officer" means the chief executive of the Council; "Council" means a district council established or deemed to have been established under section three of the Act; "head of department" means an officer responsible for the administration of a separate department of the Council; "internal auditor" means any person assigned the duties of internal auditor, for the time being, by the Council or any person designated as internal auditor by the Local Government Service Commission; "inescapable commitments" meansi) salaries and wages; ii) petrol and oils; iii) electricity and telephone bills; iv) stationery; or v) emergencies; "purchasing officer" means any officer whose responsibility is to sign an order for the purchase of any goods or the rendering of any service; "Treasurer" includes a Director of Finance.

Application

Interpretation

PART II E
STIMATES

4. (1) The estimates of capital and recurrent expenditure submitted to Forms of

the Minister for approval in accordance with section thirty-nine of the Act shall be set out as follows: (a) the total estimated expenditure shall be shown in respect of each capital project; (b) the total estimated expenditure on all capital projects shall be shown; (c) the total estimated expenditure shall be shown under each head of recurrent expenditure; (d) sub-heads shall be shown under each head of recurrent expenditure; (e) the first sub-head under each head of recurrent expenditure shall be estimated expenditure on employees in respect of such head of recurrent expenditure; and (f) items of expenditure shall be shown in respect of each sub-head of recurrent expenditure. (2) The detailed form of capital and recurrent estimates shall be for all Councils as advised by the Minister.

estimates

Preparation of 5. (1) The annual estimates of revenue and expenditure shall be prepared by the heads of department in consultation with the Treasurer, estimates in accordance with the guidelines, if any, issued by the Minister. (2) The Treasurer shall collate the estimates approved by the Committees and report to the Finance Committee. 6. The final capital estimates should include projects for which finance Final capital has been agreed with the Government or lending institutions, as the case estimates may be, or which are decided to be financed from the Council's own resources. 7. The annual estimates, as adopted by the Council shall, at least sixty Approval of days before the commencement of a financial year, be submitted for the estimates by approval of the Minster. Minister 8. The controlling officer may not incur any expenditure, until the estimates have been approved by the Minister: Provided that where the annual estimates have not been approved by the Minister before the commencement of the relevant financial year, the No expenditure before approval of estimates

Council may continue to incur expenditure on charges which become due in respect of inescapable commitments. 9. Where there is expenditure which is not approved in the estimates or there is excess expenditure on an item which appears in the estimates, the head of department shall after consultation with the Treasurer as the case may be, inform the Committee concerned explaining the reasons for the excess expenditure. Procedures if no provision or inadequate provision

10. (1) Where the expenditure is not envisaged when the estimates are Supplementary estimates of prepared, or where the excess expenditure on an item cannot be met from savings on another item under the same sub-head, the controlling expenditure officer shall submit to the Minister an application for supplementary provision as adopted by the Council, in accordance with subsection (2) of section thirty-nine. (2) An application made under sub-regulation (1) shall show corresponding savings from any other head of expenditure or evidence that the additional expenditure will be met from an overall additional income or fund balances. 11. (1) Where the amount of the approved income is not reached, the head of department concerned, shall after consultation with the Treasurer inform the Council, through the committee concerned explaining the reasons for the shortfall. (2) Where there is an overall shortfall in income the Council shall review and restrict the expenditure so that adequate surplus balances meet the excess over income. Procedure if shortfall in income

PART III G A
ENERAL

CCOUNTING

R

ESPONSIBILITIES

12. The functions of the Treasurer, who is the principal adviser to the Council in matters relating to the general finances of the Council, shall be to(a) make safe and efficient arrangements for the receipt of moneys paid to the Council and the issue of moneys payable by the Council;

Responsibilities of Treasurer

(b) keep accounts in accordance with the orders or directives issued by the Council; and to ensure accuracy of these accounts; (c) ensure that officers accounting for revenue and expenditure for which they are responsible comply with the provisions of these Regulations and supplementary instructions issued by the Council from time to time; (d) report to the controlling officer if it appears that any head, sub-head or item is likely to be overspent; (e) draw the attention of any officer to delays and shortages in the collection of revenue, any advance or imprest which they are unable to clear at the time that it should be cleared, any deposit account which has become dormant and to any weakness in the accounting system employed, or in the internal checks applied to accounting transactions; (f) account for receipts and disbursements of Council moneys in accordance with these Regulations; (g) see that proper arrangements are made for the safe-keeping of Council moneys, securities, stamps, stamp duties, revenue counterfoil receipts, licences, warrants and all forms of requisition; (h) collect punctually all revenue and other Council moneys which become due and payable to the Council; (k) bring to account promptly under the correct head and sub-head all Council moneys he collects or which is paid to him; (j) check regularly all cash and stamps in his charge and verify the balance shown in the cash book or stamp register; (k) bring to account promptly any revenue in cash or stamps found in his charge in excess of the balances shown in the cash book or stamp register; (l) make good any shortage in cash or stamps for which he is responsible; (m) ensure that all disbursements made or incurred by the issue of payment vouchers, orders, warrants, requisitions or any other documents are properly authorised; (n) charge in the accounts, under the proper heads of accounting, all expenditure when it occurs; (o) ensure satisfactory control of the expenditure by maintaining a record of commitments incurred by the heads of departments; (p) prepare promptly all financial statements, budget estimates, annual accounts and returns in the form and manner prescribed; (q) see that the books of account are correctly posted and kept up to

date; (r) bring to the notice of officers in writing any apparent defect in the procedure of revenue collection, wastage and any extravagant expenditure which comes to his notice in the course of his accounting duties; (s) produce when required by the Council or by the external auditor all books and records or accounting documents in his charge; (t) reply promptly and fully to any observations or queries received from the external auditor or the Council; (u) exercise strict supervision over all officers under his authority, to ensure efficient checks and precautions against fraud; (v) bring to the notice of heads of departments any wastage, incompetence, carelessness or insubordination on the part of their staff; (w) ensure that all insurable risks of the Council are fully covered by adequate insurance policies. 13. (1) No erasures shall be made in accounts. (2) Corrections must be made by striking out the incorrect figures and writing the correct figures above them. (3) The corrections must be made in such a way that the original figures are still legible and initialled by the officer who makes them. (4) No alterations shall be made on figures already audited. 14. Officers dealing with incoming mail containing money shall keep a Register of register of such incoming cheques and cash for the purposes of cheques and recording details of remittances received. cash 15. The Treasurer shall approve any form, document or system of finance or costing dealing with inventories, stocks or stores. Approval of accounting system and forms Erasures in accounts

16. A register of all official accounting documents shall be kept by the Register of Financial Secretary. accounting documents

17. A head of department shall be personally responsible for the observance of all financial and accounting instructions issued by the Treasurer. 18. Any financial duty delegated to an officer shall be clear, specific and in writing. 19. (1) All cheques and cash received shall be banked as soon as possible, but not later than two days after the day of receipt. (2) No funds shall be allowed to accumulate in cash collection units. 20. The Treasurer shall, each month, reconcile the balance shown in any bank account which his Council operates and the balance shown in the summarised cash accounts or cash book. 21. The Treasurer shall once a month check cash held in the Council.

Observance of instructions

Delegation of responsibility Banking of cheques and cash

Reconciliation of bank account

Checking of cash

22. The procedures to be followed by the accounting unit at the close of Procedures at the financial year shall be as follows: the end of (a) at the close of the business on the last day of the financial year, financial year all cash books shall be ruled off, signed and dated by the responsible officers; (b) the accounts shall be closed in the normal manner, as for an ordinary month end, but supplementary accounts shall be opened by the accounting unit for the adjusting of misallocations, for the transfer of revenue and expenditure codes and for final entries on the closing of accounts; and (c) the accounts shall be finally closed, balanced and presented to the Council in the form approved by the Council not later than six months after the last day of the financial year to which they relate. 23. The Treasurer shall maintain an adequate and effective internal audit of the Council's accounts or activities in accordance with section forty-one of the Act. Internal audit

24. The Treasurer or his authorised representative shall have authority Access to to enter all offices and establishments of the Council and have access to records all records and documents and shall be entitled to require such explanations as he considers necessary to satisfy himself of the correctness of any matter under examination and to require for verification purposes the production of cash and other assets. Functions of 25. The functions of an internal auditor shall be laid down by the Treasurer and shall cover all accounting procedures and documentation internal auditor shall ensure that(a) the receipt and payment of Council money has been properly carried out under proper supervision; (b) the safeguards for the prevention or prompt detection of fraud or loss of stores, cash or other Council assets, are adequate; (c) accounting forms are properly protected, recorded and regularly checked; (d) the system for the control of the receipt, issue and use of stores is adequate; (e) the recording of the assets is up to date and correct; and (f) the returns of revenue or expenditure required by the Treasurer or the Council are correctly prepared and promptly submitted. 26. The existence of an internal audit system shall not relieve heads of departments or any other accounting officer of their individual responsibilities, nor shall it remove the need for normal checks within departments. 27. Whenever any matter arises which involves, or is thought to involve, irregularity in financial stores or accounting transaction in any department of the Council, the head of the department concerned shall forthwith notify the Treasurer who shall, after consultation with the controlling officer where necessary, take such steps as are considered necessary by way of investigation and report. 28. (1) The following accounting records shall be preserved for the periods shown(a) (b) main cash books and ledgers-ten years. receipts of all types-ten years. Heads of departments not relieved of responsibility Irregularities

Preservation of accounting records

(c)

payment and journal vouchers-six years.

(d) establishment and salary records required for superannuation purposes-twelve years from the date on which a permanent officer leaves service; and (e) contract documents-twelve years from the date of final payment.

(2) Notwithstanding the periods specified in subsection (1), the records shall be kept until they are audited or until a court case relating thereto, if any, is settled.

PART IV S S B
AFES, TRONG

OXES,

C B
ASH

OXES AND

S

PECIE

B

OXES

29. In this part, unless the context otherwise requires "safes" includes strongboxes, cash boxes, specie boxes issued for the safe custody of cash, and similar forms of secure containers issued by Council. 30. The Treasurer shall be responsible for obtaining safes for use in their offices and branches.

Definition of "safes"

Responsibility for obtaining safes Care of safes and keys

31. The following conditions shall cover the care and maintenance of safes and keys: (a) officers shall be personally responsible for keys of safes in their charge; (b) where a safe or vault door is fitted with two or more locks, no officer shall hold all the keys; (c) where there are two or more officers at the office in which the safe is installed, more than one key shall be issued; (d) where the key-holder departs before his relief arrives, the officer leaving the station shall hand over the contents of the safe or vault to a person temporarily appointed by the head of department concerned to take over from the departing key-holder in accordance with regulation 121; (e) a key will not be handed to a person who is not the official key-holder and a safe will not be opened except by the officer

responsible for it. He must be present for the whole period during which it remains open; (f) only original keys issued by the Treasurer shall be held and in no circumstances may any officer have a duplicate made; and (g) except as may be otherwise authorised, all duplicate keys of safes shall be held by the Council's bank. 32. When the key to a safe is lost(a) the loss will be reported immediately to the head of department concerned, the Treasurer and the local police; (b) the safe shall be sealed and the room in which it is kept, shall be locked at all times; and if an exceptionally large sum is in the safe, arrangements must be made for the posting of a guard; (c) the officer responsible for the safe custody of the key shall make good the cost of repairs and replacement of the key. 33. No private money or articles shall be kept in a safe provided for the Private money safe-keeping of Council moneys. not to be kept in Council safe 34. A register must be kept of articles other than cash, account books and receipt forms deposited in a safe and shall be signed by the depositing officer other than the key-holder when depositing or withdrawing any such articles. Register Loss of keys

35. Officers responsible for safes must verify the contents at least once Weekly check each week and the register shall be initialled each time the contents are verified. 36. Where cash is taken to or collected from a bank or another office, the officer charged with conveying the cash to or from such bank or office shall be responsible for the safe custody of the cash in transit. Cash in transit

PART V

B A
ANK

CCOUNTS AND

C

HEQUES

37. The Council shall be solely responsible for authorising the opening Bank accounts of, or changing of any signatory of, a Council bank account; and the and signatories purpose for which the bank account is required shall be stated in a resolution of the Council. 38. No Council money be credited to a private bank or savings account. Use of private accounts prohibited 39. (1) Cheque books and cheque forms shall be kept secure under lock Security of and key when not in use. unused cheques (2) An officer responsible for the custody and control of the stock of unused cheque forms shall maintain a record of receipts, open a register, and ensure that all unused cheques are retained, in his custody. 40. (1) Where a cheque which is unused or has already been issued is lost, the Treasurer shall notify the Council's Bankers. (2) Where a cheque which has been issued is lost, a "stop order" shall be sent to the bank on which it was drawn. (3) Before a replacement cheque is issued for a lost or stolen cheque, the payee shall sign an indemnity in the form set out in the Schedule. 41. (1) Council bank accounts shall not be overdrawn. (2) No temporary advance shall be obtained from a bank without the prior approval of the Council. 42. (1) Two persons who have been authorised by the Treasurer shall be signatories to cheques drawn against bank accounts. (2) The Treasurer shall advise the Council's bankers on who are the Council's authorised signatories to cheques. Signing of cheques Overdraft Lost cheques

43. (1) The Treasurer may accept cheques in payment of licences, fees, Acceptance of rents, levies, charges and other payments, due to the Council. cheques (2) An officer shall before acceptance of a cheque identify the person presenting the cheque and ensure that(a) (b) the cheque is not post-dated or out of date; the amount in words and figures agree;

(c) alterations of any kind are signed by every signatory to the cheque; and (d) the cheque is correctly signed and dated by the drawer.

44. Cheques received shall be made payable to the Council in name and Security of crossed "Account Payee Only". cheques received 45. Collectors of revenue or other officers who receive Council money Cashing of cheques from shall not cash cheques from Council money held by them, or give change in respect of cheques drawn for an amount in excess of the sum public money owing to the Council. 46. (1) The Treasurer shall arrange for statements to be provided regularly by the bank and shall obtain bank statements made up to the close of business on the last day of every month. (2) All entries on the bank statements shall be checked with all entries in the cash books and, at the end of each month, a return shall be prepared in the form prescribed giving a reconciliation of the balance of the bank account with the balance shown in the cash book. 47. (1) The Treasurer shall prepare the receipts and payments account and a cash flow statement every month. Receipts and payments account and (2) The grant payable to a Council may be forfeited where the Council cash flow fails to prepare the receips and payments account and a cash flow statements statement. 48. Paid and cancelled cheques shall be held for audit. Audit of cheques Bank statements

49. All cheques drawn in payment for goods supplied or services rendered on Local Purchase Orders should be crossed "Account Payee Only" except in the case of a payee known to have no bank account.

Security of cheques in payment for goods supplied on Local Purchase Orders

PART VI R B F
ECEIPT OOKS AND

ORMS

50. For the purposes of this Part the term "receipt form" includes all receipts, licences, permits, certificates, discs or tokens used in the collection of revenue or other moneys.

Definition of "receipt form"

51. (1) A receipt form for which payments are received shall be issued Issue of receipts on or with prescribed forms. (2) For the purposes of this Part the term a "general receipt" shall be used in cases where a special receipt form is not prescribed. 52. (1) All receipt forms must be checked as soon as they are received Checking of to ensure that they are complete and correctly numbered. receipts received (2) Any forms which are defective must be returned to the source of supply. 53. Every officer who holds receipt forms shall keep a register in which Register of the receipt and issue of all receipt forms shall be promptly entered. receipt forms 54. Receipt forms shall be used in a consecutive order, or within the sequence of numbers of receipts held by one officer. Consecutive issues

55. (1) Complete unused books of obsolete receipts shall be destroyed Destruction of at the office in which they are held. obsolete receipts

(2) The destruction of receipt books shall be carried out in the presence of the Treasurer and an auditor, except receipts of Government revenue which shall be sent to the Ministry of Finance. (3) The Ministry of Finance shall check that the unused receipt books are complete and are unused. (4) Certificates of destruction, listing the serial numbers of all receipt forms destroyed, shall be signed by both officers and the original of the certificate of destruction shall be filed by the officer responsible for the custody of the forms. 56. There shall be recorded in the register surplus stocks of receipt books that have been returned to the Ministry responsible for finance and obsolete forms that have been destroyed. 57. The holder of unused receipt forms shall, at least once a month, record in the register the date the receipts are checked and shall sign against the entry. 58. (1) Where one officer hands over to another officer, both officers shall sign a certificate for the receipt forms. Recording of destruction of obsolete forms Monthly check of unused receipt forms

Handing over certificates to record receipt (2) The officer taking over shall sign immediately below the last entry forms in the register. 59. A printed notice, bringing to the attention of the public the need for Notice to public them to obtain an official receipt for every payment made by them, shall about official be displayed in all offices where revenue is received. receipt 60. (1) Receipt forms must be completed either in ink or in indelible pencil. (2) Counterfoils shall contain exactly the same details as appear on the original receipt form. (3) Receipt forms shall be date-stamped at the time of issue and shall not be altered in any way. 61. Where a wrong entry is made on receipt, the form must be cancelled Cancelled Completion of receipts

in the manner prescribed in regulation 62. 62. (1) Where a receipt is cancelled, the original and all the copies shall be cancelled and signed by the holder of the book. (2) The duplicate shall be included with other duplicate receipts which accompany the revenue cash book.

receipts Method of cancelling receipts

63. Every receipt form and counterfoil shall be printed or stamped with Office of issue the official stamp and shall be signed by the issuing officer. of receipts 64. (1) Officers who receive payments from collectors of revenue shall Consecutive ensure that the numbers on the receipt form run consecutively. receipts (2) Where there is no satisfactory explanation for any missing form, the matter shall be reported without delay to the Treasurer. 65. No duplicate of a licence shall be issued unless approval is specifically provided in a written law or regulation. 66. (1) Any certified copy of a receipt form required shall be made on plain paper and headed "certified copy". (2) No receipt form shall be used as a copy for an original receipt previously issued. 67. No counterfoils or copies of used receipt forms shall be destroyed Audit and until they have been examined by the Auditor appointed by the Minister. destruction of receipt forms Duplicate licences Certified copies of receipt forms

PART VII R R
ECEIPT OF

EVENUE

68. No officer shall use Council revenue for any private purpose whatsoever.

Private use of revenue prohibited

69. (1) A receipt shall be issued by the receiving officer whenever a sum of Council money is received. (2) No Council moneys shall be paid out to any person other than the Treasurer except with the written authority of the Treasurer. 70. All revenue shall be brought to account under the appropriate sub-head of the revenue estimates. 71. Collectors of revenue shall keep cash book sheets daily.

Receipt to be issued

Classification of revenue Cash collection sheets Bringing revenue to account

72. The Treasurer shall ensure that collectors of revenue account for the amount of moneys collected by them on a daily basis.

73. Where a collector of revenue has a surplus of cash, the cash shall be Cash surplus brought to account and credited to "Miscellaneous Revenue". 74. An officer responsible for issuing receipts shall not open any mail or keep a register of incoming remittances. Revenue collectors not to open mail

75. (1) The heads of departments shall furnish particulars of charges for Providing work done, goods supplied or services rendered on behalf of the information for Council. collection of revenue (2) Any amount accruing shall be promptly recorded by the Treasurer as money received by the Council. 76. The Treasurer and heads of department who collect revenue shall refer for appropriate action, all debts they are unable to recover to the controlling officer without undue delay. Outstanding debts

77. (1) Any irrecoverable debt may be written-off with the approval of Write-off by the Council. Council

(2) Where any debt has been written off the controlling officer shall submit such a case to the Council giving the amount of the debts, the date on which it was due, the action taken to collect it and the reasons why it was not possible to collect it. (3) If the Council authorises that a debt be written-off, necessary accounting adjustments shall be made.

PART VIII C E
ONTROLLING OF

XPENDITURE AND

P

AYMENTS

78. (1) No money shall be paid out unless a payment voucher is made. Payment vouchers (2) The payment voucher shall be made in the form prescribed by the Council. 79. All vouchers must be complete and all details filled in, including coding allocations, dates, numbers, quantities, rates, distances and authorities. 80. Vouchers shall be legible, typewritten or made out in ink or indelible pencil. 81. (1) Each payment shall be approved by the Council. (2) The Council may delegate the responsibility for approving payments to the Finance Committee which shall report to the Council on all payments made, before the next meeting of the Council. (3) The Treasurer shall be authorised to make the payments set out below but shall report any such payments to the Council or Finance Committee at its next meeting according to the procedure laid down by the Council: (a) payments of water or electricity bills (where supply is normally disconnected if accounts are not settled promptly); (b) payments to the Postmaster-General for postal services and telephone accounts; Details on payment vouchers Preparation of vouchers Authority for payments

(c)

payments to a carrier for goods delivered on cash;

(d) payments to traders where a discount is allowed for prompt payment; (e) payments of salaries, wages, subsistence and travelling allowances; (f) petty cash payments involving sums of K5,000 or less; (g) any emergency payments which can subsequently be justified as such by the Treasurer. 82. (1) The original payment voucher shall be signed by the controlling Signing of officer, Treasurer or any officer authorised by the Treasurer. vouchers (2) The name of the officer signing and his designation shall be printed below his signature. (3) Copies of payment vouchers shall be initialled by the signing officer or stamped with his name stamp. 83. A list of officers authorised in writing to sign vouchers shall be kept Panel of signing by the Treasurer and which may be amended from time to time. officers 84. The officer signing a voucher or document shall certify the accuracy and validity of the payment. He must therefore ensure thatResponsibilities of officers (a) all deductions due to be made from salaries or wages have in fact signing vouchers been made; (b) the goods have been supplied or the services provided as certified by the receiving officer; (c) the prices charged are either according to contract or approved rates, or are fair and reasonable according to current local rates; (d) the payment is covered by proper authority and is a proper charge to Council funds. (e) the calculations are correct; (f) the persons named as payees are those entitled to receive payments; and (g) payment of the amount stated on the voucher shall not cause an excess over the amount allocated.

85. An officer signing vouchers related to payments which are recoverable shall be responsible for ensuring that proper arrangements exist for the recoveries to be made. 86. (1) Vouchers relating to purchases shall be supported by the suppliers'invoices. (2) Payment shall not be made on statements of account only. (3) Requisitions for local supplies shall not be issued in arrears if goods have already been supplied. (4) The head of department or any other officer authorised shall certify the voucher giving reasons for the failure to issue a requisition. 87. (1) Where an original invoice is lost, a duplicate shall be obtained from the supplier together with a certificate of non-payment on the original invoice. (2) A certificate that payment has not previously been made shall be recovered on the voucher by the officer making the payment after he has satisfied himself that payment on the account has not in fact been made. 88. (1) A duplicate requisition form shall not be issued if an original has been lost. (2) Payment shall be made against the supplier's copy invoice endorsed with the serial number of the requisition form against which the supply of goods or services was made. (3) The certificate required by regulation 87 shall be recorded on the payment voucher. 89. (1) Payment shall be made by cheque payable to those to whom payment is due. (2) Each cheque shall be crossed, except in the following circumstances: (a) Where there is a standing imprest for the net total of vouchers of wages to be paid in cash to employees, cheques shall be paid to the holder of the post held by the officer responsible for drawing the cash

Recoverable payments

Suppliers' invoices to be attached

Duplicate invoices

Duplicate requisition forms

Methods of payment

and paying the wages: Provided that the name of the responsible officer shall be added in brackets; and (b) open cheques paid to the payee may be issued for personal imprests and, on request, salaries, wages and other personal payments due to Council employees. 90. (1) When an open cheque is issued, a receipt of acknowledgement of the cheque shall be obtained from the payee before the cheque is handed over. (2) The cheque shall be sent by registered mail and the number of the registered slip recorded on the payment voucher. 91. (1) Where there is no loss of discount for prompt payment, accounts Availing of for the same supplier may be grouped and paid at least once every discount month. (2) An officer responsible for any discount lost, owing to the delay in the passing of accounts for payment, shall refund the amount to the Council. 92. All signatories of cheques shall ensure, when signing(a) that original documents (invoices, salary sheets, claim forms, etc.) are attached; (b) that the original documents are all stamped "Paid" by means of a special stamp and that the cheque number is correctly shown within the "Paid" stamp; (c) (d) that the relevant coucher is fully and properly completed; that the cheques are correctly made out in every respect. Delivery of cash or cheques Responsibilities of cheque signatories Security of open cheques

93. Payments shall be made to persons or firms to whom payment is due in the following circumstances: (a) on the written authority of the person or firm to whom the payment is due or on the production of a power of attorney or letter of administration; (b) where the timely payment of wages to an employee is impracticable and delay would cause hardship, a paying officer may make payment to an authorised third party who shall give a receipt for

the payment; and (c) where payment is made to a duly appointed receiver, an official receiver, a trustee in bankruptcy or to a third person under a court order. 94. A paying officer shall request from the person claiming and receiving money a National Registration Card or other acceptable identity. Identification of payees

95. All payments shall be entered into the books of account on the day Daily the payments are made. accounting for payments Responsibility 96. (1) An officer signing warrants, requisitions and local purchase orders may approve the expenditure of Council and shall be responsible of officers signing for seeing that the authority exists for the expenditure thus incurred. warrants, (2) Any excess expenditure incurred as a result of the failure to observe requisitions or these Regulations may be surcharged against the officer who signed the local purchase warrant, requisition or local purchase order. orders 97. The Council shall approve payments not covered by normal regulations or procedures. 98. (1) All payment vouchers with supporting documents, and any other forms which support a charge entered in the accounts, shall be carefully filed, secured against loss, and be readily available for audit. (2) Reference to restricted documents shall be made by officers authorised by the Treasurer. (3) No documents shall be removed from the files in which they are kept. Extraordinary payments Custody of original documents

PART IX P S
AYMENT OF

ALARIES AND

W

AGES

99. Salaries and monthly wages shall be paid on the last working day of Day of payment each month or any earlier date which the Council may determine. 100. (1) Salaries are payable monthly calculated at one twelfth of the annual rate. (2) Salaries for a part of any month shall be calculated in proportion to the number of days in that particular month. 101. (1) Any contingency likely to affect an officer's salary such as death, suspension or dismissal shall be notified immediately, by the head of department, to the Treasurer. (2) The Treasurer shall ensure that timely and correct adjustments are made to the officer 's salary, pension or gratuity. 102. Any balance of salary or other moneys due to an officer who has been convicted of misappropriation of Council funds, thefts of Council property or has been dismissed, leaving sums owing to a Council including losses of cash or stores which are under investigation, shall not be paid without the authority of the Council. 103. (1) A separate salary record card for each officer in service shall be kept by the Treasurer. (2) An officer shall make arrangements regarding the method of payment, and permissible voluntary deductions through the heads of department. 104. (1) Payment of salary may be direct to the credit of an officer's account at any commercial bank or building society in Zambia, or by cheque. (2) Payment of the net amount due, after statutory and permissible deductions have been made, shall be made in one sum. (3) There shall not be a part payment to the credit of a bank account with the balance paid by cheque or otherwise. 105. (1) All authorised deductions shall be entered on the payment Gross salary Salaries of convicted officers Adjustment of salary or other moneys due to death, etc. Calculation of salary

Method of payment and deductions for officers

Method of payment

vouchers in the appropriate column against the name of each employee concerned. (2) The gross emoluments shall be charged against the relevant sub-head and deductions be credited to the appropriate account.

and deductions to be charged

106. (1) Where any employee does not draw his wages at the normal Unclaimed time of payment, the wages due to him shall be held for a period of three wages days. (2) Where the employee does not claim the wages after the period referred to in sub-regulation (1), the cash shall be brought to account and general receipt shall be issued, crediting the unpaid wages to the expenditure vote from which the wages were drawn. 107. The Treasurer shall issue standing instructions in writing for security precautions to be taken in the handling of money for the payment of wages. Security precautions with regard to payment of wages

108. The Treasurer shall issue proper instructions to cover the internal Internal check check over preparations of wages sheets and the payment of wages and over payment of ensure thatwages (a) officers responsible for entries on the wages sheets, checking and paying, shall sign for their particular responsibilities on the faces of the wage sheets; (b) each operation in connection with the preparation of wage sheets shall be checked by an officer who carried out the original operation; (c) payment shall take place in the presence of an officer who knows the recipients and the paying officer shall, where possible, be an officer not concerned with the preparation and checking of wage sheets. 109. Heads of department shall(a) ensure that there is an adequate system of control over the employment of labour; (b) check the attendance of employees; (c) check that overtime is recorded separately showing the hours authorised and the hours actually worked; and Attendance records

(d) ensure that detailed instructions are issued according to the record.

PART X I
MPRESTS

110. There shall be the following types of imprests: (a) standing imprest, which is normally issued to facilitate the payment of wages and enable minor local purchases to be made when it is not possible for payment to be made through an accounting unit; and (b) special imprest, which is a temporary imprest, issued to provide officers with funds to meet expenses when travelling on duty or for some other duly authorised special purpose. 111. Special imprests shall not be issued for tours outside Zambia without the authority of the Secretary to the Cabinet.

Types of imprest

Special imprests outside Zambia

Sub-imprests 112. (1) Holders of standing imprests may, on their own authority, issue a part of their imprest to a subordinate to be used as a sub-imprest for the purpose for which the holder of the standing imprest would have used it. (2) Sub-imprests shall be surrendered to the holder of the standing imprest and retired when the holder of the standing imprest hands over to another officer. 113. The amount of a standing imprest shall be limited to the monthly requirements in each case but the imprest may be limited to more than the monthly requirements. Amount of standing imprest

114. The amount of a special imprest issued to meet expenses while Amount of travelling on duty shall be limited to the amount an officer is eligible to special imprest claim for the period he is absent from his station.

115. (1) No officer shall be issued with another special imprest when Special there is a special imprest outstanding in his name. imprests limitation (2) Any officer who authorises an imprest before the first one is retired is liable to be surcharged the whole amount of both imprests. 116. An imprest shall be used only for the purpose for which it is issued Restriction in and shall not be used for personal expenditure or for making advances of use of imprests salary or wages. 117. (1) A record of issued and retired imprests shall be kept in a register of imprests. (2) All instructions contained in the provisions of regulations 110, 115, 116, 119 and 120 shall be printed on the front of the register and shall be complied with by all officers authorised to issue imprests. (3) The register shall contain columns showing the officer's full name, amount of imprest, date issued, date retired, how the imprest was recovered, the purpose for which the imprest was issued, the signature and date on which the imprest was checked. (4) The last column shall be signed and dated by a senior officer other than the officer who maintains the register, stating that he is satisfied that the imprest was issued for duly authorised purposes only and that it is being retired in accordance with the provisions of these Regulations and that is not overdue. (5) Separate registers may be maintained for special and standing imprests. 118. (1) Holders of standing imprests shall record all payments and reimbursement in a cash book each time a reimbursement is requested. (2) The total expenditure of the last reimbursement and balance of cash on hand shall be recorded. (3) The amount of the total expenditure and the balance of cash in hand shall equal the total of the original imprest issued. (4) Revenue receipts shall not be recorded in the cash book. Cash book for imprests Register of imprests

119. (1) A special imprest shall be retired immediately the purpose for Retirement of which they are issued has been fulfilled. special imprests (2) Where the imprest is not cleared within forty-eight hours of the holder 's return, the issuing officer shall, in writing, instruct the officer-in-charge of the salaries section to deduct the amount outstanding from the salary of that holder, in the following month. 120. (1) Any outstanding imprest shall be retired at the end of the financial year, unless authority for its retention for the following financial year has been obtained. (2) The imprest holder shall produce proof of his imprest as at the close of business of the last working day of the financial year. Retirement of standing imprests

PART XI H T
ANDING AND

AKING

O

VER

121. The following procedures shall be followed each time an accounting officer hands over to another accounting officer: (a) any cash books and stamp registers for which the handing over officer is responsible shall be ruled off and balanced with cash and stamps on hand, and the balance of the cash book or stamp register shall be entered, dated and signed by both officers; (b) all cash should be banked by the handing over officer before the hand-over if possible; (c) the two officers concerned shall check that the balance of unused receipt books recorded in the receipt book register is on hand and both officers shall sign and date the register to this effect; (d) both officers shall make a note of all unused receipts on issue to collectors of revenue which are not available for examination at the time of handing and taking-over; (e) both officers shall rule off stores records and shall check that these agree with the physical stocks on hand and shall date and sign individual stock sheets; and (f) the officer handing over shall ensure that the expenditure and commitment records in his control are up to date and these records shall

Handing-over procedure

be dated and signed by both officers. 122. The key to each safe shall be handed to the officer taking over as soon as the contents have been verified. Safe keys

123. Any discrepancies revealed in the course of handing over shall be Discrepancies acknowledged in writing by the officer handing over and the officer on handing over taking over shall make a report to his head of department. 124. (1) On completion of the hand-over, a certificate shall be signed to Handing-over the effect that the requirements of this part have been fulfilled. certificate (2) One copy of the certificate shall be kept by the officer taking over, the others shall be retained by the officer who has handed over.

PART XII L C M
OSSES OF OUNCIL

ONEY AND

S

TORES

125. For the purpose of this Part, losses of Council money shall be deemed to have occurred where an officer, through wilful default or gross neglect of duty(a) fails to collect any money, whether revenue or other payment, due to the Council; (b) makes, causes or permits unauthorised, or incorrect payments of Council money through fraud, forgery, misappropriation, or causes its loss through burglary or theft if he is responsible for that money by virtue of his office; (c) causes, or permits damage to or destruction or loss of any Council building, equipment, vehicles, stores, fittings or furniture; (d) causes, or permits personal injury or damage to property in circumstances which render a Council liable to third parties in respect of such injury or damage. 126. Where a loss is discovered, the officer in charge of the office in which the loss occurred shall immediately-

Definition of "losses"

Report of losses

(a) advise his immediate supervising officer, by the quickest means, of the nature, extent and date of the loss and the immediate supervising officer shall confirm this in writing; (b) (c) institute investigation on the spot; and report the loss to the local police. Investigation of losses

127. (1) Except in the case of cash loss or shortage which is immediately made good by the officer responsible for the loss or shortage, the supervising officer shall carry out investigations. (2) The supervising officer shall at the conclusion of the investigations, report the loss to the Treasurer, attaching a police report where necessary. (3) The report shall be made even if police investigations or proceedings are not complete and where necessary the Treasurer shall report the matter to the insurer.

128. (1) Where the loss amounts to two thousand kwacha or less, the Write-off by Treasurer Treasurer, in consultation with the controlling officer, may authorise any loss in the supervisor's report, to stand as a charge against the Council's funds if he considers that there is no case for a charge of wilful default or gross neglect of duty against the officer responsible for the loss. (2) The case file shall be retained by the Treasurer for inspection by the Auditor. 129. If the loss amounts to over two thousand kwacha or if the Report by the Treasurer, after consultation with the controlling officer, considers that Treasurer the loss was due to the wilful default or gross neglect of duty of any officer, he shall submit his recommendations to the Council whether, in his opinion, the amount of the loss should be recovered from the officer or officers concerned. 130. The Council may, if it is considered that there is no wilful default Write-off by or gross neglect of duty by an officer, authorise the loss or part thereof, Council to be charged to the Council funds. 131. Where the Council decides that the loss was due to wilful or gross Assessment of

neglect of duty, the amount of loss which is attributed to the default or negligence of any officer shall be assessed and recovered from the officer concerned.

claim against defaulting officer

132. (1) The Council shall take every possible action to ensure that the Action for loss is made good by the officer held responsible for it. recovery (2) The fact that a person has been convicted on a criminal charge arising from the loss shall not mean that he may not also be made to face a civil action for the recovery of the loss.

PART XIII P T
URCHASES,

ENDERS AND

C

ONTRACTS

133. The procurement of supplies, works or services required by the Council shall be governed by the Standing Orders.

Regulations governing all purchases

Payment for 134. Payment for contractors for the execution of works shall be execution of authorised only on a certificate signed by the head of department concerned which certificate shall show the total amount of the contract, works value of the work executed, date, retention money, amount paid to date and the amount being certified. 135. The final certificate on a contract shall not be issued by the head of Final certificate department concerned until he has produced a detailed statement of on contract account together with such vouchers or documents as the Treasurer may require and approve as the amount certified. 136. Claims received from contractors in respect of matters clearly not Unusual claim within the terms of the appropriate contract shall be referred to the of contractor controlling officer for consideration of the Council's legal liability and to the Treasurer for financial consideration, before any settlement is reached.

PART XIV B I
ORROWINGS AND

NVESTMENTS

137. (1) All borrowings shall be effected in the name of the Council. (2) The borrowing or re-borrowing of moneys authorised by the Council and all other matters in connection with the raising or repayment of loans shall be subject to the supervision and control of the Treasurer who shall periodically report to the Council. 138. The Council's moneys which are not required for immediate use may be invested in(a) stocks, securities or debentures issued by or on behalf of the Government of the Republic of Zambia or in stocks, securities or debentures guaranteed by the Government; (b) (c) deposits with the Zambia National Building Society; the Post Office Savings Bank;

Borrowings

Form of investments

(d) savings accounts or fixed deposit accounts with the Zambia National Commercial Bank; (e) the stocks, bonds or debentures of any public body in Zambia. Investment

139. All investments shall be in the name of the Council and shall be authorised by a resolution of the Council. 140. (1) The Treasurer shall keep a register of investments. (2) The register shall be maintained for the proper control over the Council's investments and the interest received in respect of those investments.

Register of investments

PART XV S S
TOCKS AND

TORES

141. Each head of department shall be responsible for the care and Custody of custody of the stocks and stores in his department and shall arrange for stocks and periodic stock-taking at least twice per annum or at such other intervals stores as the Treasurer may stipulate. 142. (1) Stocks shall not be in excess of normal requirements except with the approval of the committee concerned. (2) A periodic review of turnover and stock levels of all items shall be undertaken to dispose of excessive or obsolete stocks. 143. Heads of department shall supply information to the Treasurer relating to stocks and stores as he may require. 144. Any surplus or shortage revealed at any stock-taking shall be reported to the appropriate committee for authority to make necessary adjustments. 145. A Treasurer shall keep proper records of receipts and issue of stocks and stores. Providing information Stocktaking Stock limit

Record of stocks and stores

PART XVI S D
ECURITY AND

ISPOSAL OF

A

SSETS

146. Every head of department shall be responsible for maintaining proper security at all times for buildings, stocks, stores, furniture, equipment, cash and any other asset under him.

Physical verification

147. Safes must be securely locked and the keys to safes and similar Care of safes receptacles shall be carried by authorised key holders at all times and the and keys loss of such keys shall be reported to the Treasurer immediately. 148. If several officers use the same safe, each officer shall use separate Custody of cash

lockable cash boxes when depositing money in it. 149. Surplus materials, stores or equipment shall be disposed of by competitive tender or public auction unless the committee concerned decides otherwise in a particular case.

boxes Disposal of surplus material

PART XVII I
NVENTORIES

150. An inventory shall be maintained by all departments in which shall be recorded an adequate description of furniture, fittings and equipment, plant and machinery.

Inventories

151. Every head of department shall be responsible for arranging an Physical check annual physical check of all items on the inventory and for the taking of any action in relation to surplus or shortages. 152. (1) The Council's property shall not be removed except in accordance with the ordinary course of Council business or for the use of the Council. (2) Where specific directions are issued by the head of department concerned, property may be removed for some other purpose. 153. The Controlling Officer shall have custody of all contracts under seal, leases, deeds, agreements and similar legal documents. Council property to be used for Council purposes

Legal documents

PART XVIII I
NSURANCE

154. The Treasurer shall take out insurance cover against losses, damages, risks and liabilities which the Council may incur and shall

Insurance covers

regularly review such cover in consultation with head of department. 155. The Treasurer shall notify the heads of departments of any change Changes in in insurance policies. policies 156. The District Councils' (Financial) Regulations, 1984, are hereby repealed. Repeal of S.I. No. 38 of 1984

SCHEDULE (Regulation 40)
CERTIFICATE OF INDEMNITY In consideration of the issue to me of a replacement Cheque No. for the sum of K .................................... in payment of ............................. which I have lost (or which has been stolen), I hereby indemnify the Council against any loss whatsoever in connection therewith and I agree to refund the sum of K ................................................... in the event of the original Cheque No. being negotiated. Signed Name in Block Capitals Date Address

THE LOCAL GOVERNMENT ACT Regulations by the Minister

SECTION 102-THE LOCAL ADMINISTRATION (FIRE SERVICES) REGULATIONS

CAP. 281 Statutory Instrument 121 of 1991 Act 13 of 1994

PART I G
ENERAL

1. These Regulations may be cited as the Local Administration (Fire Services) Regulations.*
* These Regulations are continued in operation by virtue of section 15 of the Interpretation and General Provisions Act Cap. 2.

Title

2. In these Regulations, unless the context otherwise requires"area" means the area under the jurisdiction of a fire authority; "designated premises" means premises referred to in sub-regulation (2)

Interpretation Cap. 464

of regulation 4; "equipment" includes engines, vehicles, appliances, apparatus, uniforms and badges of rank; "explosive" means a substance liable to explode spontaneously or by proximity to an ignition source; "fire authority" means a District Council declared as such under regulation 3; "fire certificate" means a certificate issued under sub-regulation (2) of regulation 6; "fire-fighting purposes" includes the extinction of fires, protection of life or property from fire; "fire inspector" means an officer appointed under sub-regulation (1) of regulation 6; "inflammable material" means a gaseous, liquid, or solid material having a flash point, below 23 degrees celsius; "means of escape" means any structure or physical means attached to or forming an integral part of a building through which persons can escape from fire by unaided effort to a place of safety; "plant" means an erection or assembly of any mechanical contrivance used for the manufacture, adaption or alteration of any commercial or industrial substances or process; "premises" includes a building, part of a building or plant; "public place" shall have the meaning assigned to it by section two of the Roads and Road Traffic Act.
* These Regulations are continued in operation by virtue of section 15 of the Interpretation and General Provisions Act Cap. 2.

3. (1) Every district council is hereby declared to be a fire authority for Declaration of its respective area for fire-fighting purposes. fire authorities (2) Every fire authority shall establish and maintain a fire brigade in the area: Provided that any organisation or institution operating in the area may, with the approval of the Minister, establish and maintain a fire brigade. 4. (1) No person shall occupy or use any designated premises in respect No occupation of which there is no fire certificate. of designated premises (2) Premises used for the following purposes are designated premises: without fire

(a) (b)

provision of medical treatment or care; provision of sleeping accommodation;

certificate

(c) entertainment, recreation or for club, society or association activities; (d) teaching, training, instruction or research; (e) access to the premises by members of the public whether on payment of a fee or otherwise; and (f) premises used as office premises or shop premises where more than ten persons are employed to work either within or outside the buildings or plant. (3) A fire authority may permit the occupation or use of any premises pending the completion or alterations or improvements required for the issue of a certificate where it is necessary to do so. (4) The provisions of this regulation shall not apply to any private premises used solely as a residence in the occupation of a single family. 5. (1) An application for a fire certificate in respect of any designated premises shall be made by the occupier or intended occupier to the fire authority in the form prescribed in Part I of the Schedule. (2) On receipt of the application for a fire certificate, the fire authority shall require the applicant(a) to furnish the authority with the appropriate plans of the premises; (b) where the premises consists of part of a building, plant or part of the premises, to furnish the authority with the appropriate plans of other parts of the building, plant or premises. (3) The authority may specify the time within which the applicant may furnish the authority with the plans referred to in sub-regulation (2) and failure to furnish the authority with the plans shall render the application void. 6. (1) When the applicant furnishes the authority with all such plans as are required for the purposes of a fire certificate, the fire authority shall appoint an inspector to carry out an inspection of the premises to which the plans relate, and shall satisfy itself that(a) the means of escape in case of fire with which the premises are provided are suitable; Inspection of premises before issue of fire certificate Application for fire certificate

(b) the existing means of escape in case of fire can be safely and effectively used at all material times; (c) adequate means for fire fighting on the premises have been provided by the occupier; and (d) the means provided for giving to the persons in the premises warning in case of fire are such as may reasonably be required in the circumstances of the case. (2) Where the fire authority is satisfied with the results of an inspection referred to in sub-regulation (1) it shall issue a fire certificate in respect of the premises in the form set out in Part II of the Schedule. (3) A fire certificate may be issued subject to such conditions as the authority deems fit. (4) Where the authority is not satisfied with the result of the inspection carried out pursuant to sub-regulation (1) it shall refuse to issue a fire certificate for the premises, pending(a) the making of any alterations to any part of the premises; or (b) the provision of the premises with appropriate and adequate fire equipment. 7. Where the conditions under which a fire certificate was issued have changed materially or where the occupier of a building has made alterations to the building in contravention of these Regulations the fire certificate issued in respect thereof shall lapse: Provided that the fire authority may issue a fire certificate to the occupier if it deems it fit in the circumstances. 8. (1) A fire authority may cause to be inspected any designated premises(a) to ascertain whether there is a fire certificate in force in respect of those premises; and (b) where there is a fire certificate in force, to ascertain whether the use of the premises conform to the certificate: Provided that where a building or part of a building is used as a dwelling building no inspection shall be carried out unless the occupier has been given a notice of not less than twenty-four hours. (2) Any person having responsibility for any premises as a leaseholder, Inspection of designated premises Lapse of certificate on change of conditions

occupier or an employee in respect of those premises, shall give such assistance to the inspector as is within his responsibility, so as to enable the inspector to discharge his duties in respect of those premises.

PART II F -F E
IRE IGHTING

QUIPMENT

9. (1) There shall be provided and maintained in respect of every Fire-fighting designated building appropriate fire-fighting equipment adequate for the equipment protection of the building in respect of which it is provided, and(a) such equipment shall be placed in such a way that it shall be available for use; and (b) such provision shall be made by the occupier to the satisfaction of the fire authority. (2) The fire-fighting equipment required to be provided by the occupier under sub-regulation (1) shall include one or more of the following: (a) (b) hydrants, hose, hose reels and rising mains; portable fire-fighting equipment;

(c) automatic fixed fire-fighting installations to deliver water, gas, foam or dry powder; (3) All fire-fighting equipment provided under this regulation shall be of a make approved by the fire authority and the leaseholder or occupier of the building concerned shall be responsible for the inspection and maintenance of such equipment to the satisfaction of the fire authority. Fire alarm 10. (1) The fire authority may require that any designated premises shall be provided with effective means, capable of being operated without exposing any person to undue risk, of giving warning in case of fire. (2) The fire authority may, by order in writing, require all means of giving warning in case of fire with which any designated premises are provided in pursuance of sub-regulation (1) to be tested or examined at such place as may be specified in the order.

PART III S M
TAIRCASES, ETC., AND

EANS OF

E

SCAPE IN

C

ASE OF

F

IRE

11. In this Part, unless the context otherwise requires"exit" means a route by way of a room, doorway, corridor, staircase or other means of passage not being a lift, escalator or doorway containing a revolving door and by means of which a person may reach a place of safety, and in relating to(a) any point on a storey of a building means a route from that point; (b) any room means a route from a doorway of the room; (c) any storey of a building, means a route from a point of exit from the storey; (d) any flat, means a route from an entrance to the flat; "place of safety" means(a) an open space in the open air at ground level; or (b) an enclosed space at ground level which has a means of access to such an enclosed space by means of an exit or exits having a width or aggregate width of the exits leading from the building to the unenclosed space.

Interpretation

12. (1) Every building shall be provided with adequate and safe means Provision of of escape in case of fire or accident in accordance with the provisions of means of escape these Regulations. (2) Emergency means of escape shall be provided in the case of(a) or new building of two storeys if the fire authority so requires;

(b) new buildings of over two storeys in which case the means of escape shall be sufficient in number in order to ensure that no part of the building is more than twenty-five metres from such means of escape. (3) All emergency means of escape in case of fire or accident provided

under the provisions of sub-regulation (2) shall be properly spaced from each other and shall each lead to a place of safety. (4) The fire authority may modify or waive any or all of the requirements for an emergency means of escape in case of fire or accident in respect of domestic building if(a) the staircase, walls and floors of the building are wholly non-combustible; (b) the main staircase is separated from the building by smoke stop door; (c) the main stair wall has at least one external wall with sufficient unglazed openings for disposal of smoke and fumes; and (d) every separate dwelling or suite of offices is provided with adequate and unglazed balconies. 13. (1) Where in the opinion of a fire authority the means of escape in the case of any building existing immediately before the commencement of these Regulations is considered inadequate or is in such a state or condition as to require repairs or replacement, the fire authority may, by written notice, require the leaseholder or occupier of such building to improve, repair, or replace the existing means of escape in case of fire or accident, and such owner shall comply with the notice within such time as may be stipulated in the notice. (2) In the event of a failure on the part of a person on whom a written notice has been served in terms of sub-regulation (1), the fire authority may execute the improvements, repairs or replacements of such means of escape and shall be entitled to recover the cost from such person as a civil debt. 14. (1) All means of escape in case of fire or accident, including Maintenance of emergency means of escape and any arrangements provided in means of escape connection with the means of escape under regulation 12, shall be kept and maintained in good condition and repair by the leaseholder or occupier of the building, and no person shall do or permit or suffer to be done any thing to impair the efficiency of any such means of escape including the emergency means of escape or any arrangements connected with it. (2) In relation to any building or part of a building, the fire authority may dispense with any requirement of this Part as respects any arrangements for lessening danger from fire or any means of escape in case of fire or any arrangements in connection therewith in the event of Means of escape in existing building

any circumstances in or affecting that building or part of a building or the use of which that building is part rendering unnecessary the keeping and maintenance of such arrangements safeguards or means of escape. 15. (1) Where in pursuance of sub-regulation (2) of regulation 12, staircases are provided as emergency means of escape in case of fire, such staircases shall(a) be constructed and situated in a building to the satisfaction of the fire authority; (b) be constructed of steel, wrought iron or other suitable fire-resisting material throughout; (c) be at least one metre in width; (d) extend from the lowest storey to the highest storey or flat roof of the building; (e) be provided at all times with direct and unobstructed access to a place of safety; (f) be provided throughout their length with strong handrails at least three quarters of a metre in height measured at the nosing of steps and treads and one metre in height measured at landings; (g) be provided with landings or balconies at least two metres by one metre in dimension at each floor level; (h) be provided with means of direct access to each floor by a door which shall be so constructed as to open outwards in such a way that it shall not cause obstruction to the staircase and shall be fitted with panic bolts which may be fitted with a key to open from outside, but in no case shall a key to open from inside; (k) be maintained in a satisfactory condition at a time; (j) be protected against heat and smoke by the provision of fire resisting and smoke stop doors and windows on all openings within two metres of such staircase. (2) All exits from a building to an emergency staircase shall, where required by a fire authority be provided with notices indicating the position of such exits. (3) In case of a public building there shall be exhibited immediately above the inside of every emergency exit door a painted and lighted notice displaying the words "EXIT" or "WAYOUT" and such notice be kept uncovered and unconcealed by any obstruction whatsoever during the time when the public building is open to the public or when in use. Emergency staircases

16. (1) Every building of five or more storeys shall be provided with a Provision of lifts lift and no lift shall be provided in any building except in accordance with the provisions of these regulations. (2) The lift cage shall(a) be equipped with means of proper ventilation, but otherwise it shall be a fully enclosed structure; (b) be equipped with means of artificial lighting, available both in normal operation and on the failure of the main power supply to the lift; (c) have displayed conspicuously therein a notice stating the maximum working load and the maximum number of passengers who can safely be permitted to be carried in the cage; (d) be fitted with self-closing doors and where required by a fire authority suitable smoke-stop doors shall be provided; and (e) be fitted with a suitable device for making an alarm signal capable of being heard outside the lift shaft. (3) Each landing door shall be self-closing and shall be constructed in such a way that it will open by sliding or by sliding and folding. (4) Each lift shall be constructed in a way that shall ensure that there is no greater gap than twenty-five millimetres between the cage and the lift shaft on the landing door side of the lift. (5) In every building of three or more storeys where a lift is provided, the lift shall be protected by doors and shutters having a fire resistance of not less than half an hour. (6) Each lift shall be fitted with such control devices as may be necessary to prevent(a) the movement of the lift cage in the shaft unless all the landing doors by which access to that lift shaft is obtained and the doors of the lift cage are closed; and (b) the opening of a cage or landing door unless the lift cage is at rest opposite to a landing: Provided that nothing in this sub-regulation shall be so construed as to prevent the incorporation of safety devices which will subject to suitable safeguards, permit the opening of a lift door or landing door in an emergency. (7) All lifts shall be provided with manual winding gear and a means of

obtaining access to the lift shaft from any floor in the event of an emergency, and the keys to the winding room and the lift doors shall be kept in a readily accessible place. (8) This regulation shall not be deemed to prohibit the construction of lifts with open metal grillage, suitably protected, situated in the well of the staircase, provided the lift shaft is surrounded by a wall as required in the foregoing sub-regulations. (9) A fire authority may use its fire brigade or equipment for any purpose other than fire-fighting purposes, on such terms as appear proper in the circumstances. 17. Every staircase, ramp or escalator shall be provided with adequate natural or artificial lighting to ensure clear visibility at all times to the satisfaction of the authority. Lighting of staircases

PART IV M
ISCELLANEOUS

18. A fire authority may enter into any scheme for mutual assistance with any other fire authority or organisation which maintain a fire brigade.

Mutual assistance schemes

19. No person shall disclose to an unauthorised person any information No disclosure obtained by him from any premises in the course of discharging his of information duties. to unauthorised person 20. Any person aggrieved or adversely affected by any decision of a fire authority may appeal to the Minister. Appeals from decisions of a fire authority Offences and penalties

21. (1) Any person who contravenes any of the provisions of these Regulations shall be guilty of an offence and liable, upon conviction(a) in the case of a first offence, to a fine not exceeding two hundred and forty penalty units or to imprisonment for a period not exceeding

one month; and (b) in the case of a second or subsequent offence to a fine not exceeding three hundred and twenty penalty units or to imprisonment for a period not exceeding two months, or to both. (2) In addition to or in substitution for the penalty prescribed in sub-regulation (1), the court may order that any expenses incurred by the fire authority in consequence of such contravention be paid by the convicted person. (As amended by Act No. 13 of 1994)

SCHEDULE
(Regulations (5) and (6)) FSR FORM 1

PART I APPLICATION FOR FIRE CERTIFICATE 1. Full name of applicant Postal Address 2. Premises in respect of which a fire certificate is required: Stand No Name of Street District 3. Name of leaseholder 4. Use of premises

5. (a) If premises consists of a single building state the number of floors in the building

(b) If the premises consist of a number of buildings state: (i) (ii) 6. Maximum number of persons likely to be on the premises at any one time: (a) Staff (b) Other persons 7. Approximate date of completion of construction of premises

8. Explosives and inflammable materials kept on the premises: (a) Explosives (i) type (ii) quantity (b) Inflammable materials (i) type

(ii) quantity 9. Fire Inspector's report (in detail)

10. (a) Premises inspected by (b) Name of Fire Authority Date Serial No. ....................

PART II FIRE CERTIFICATE FSR FORM 2 I certify that the premises described herein are suitable for occupation: Description of premises. Stand No. Name of Street District Name of leaseholder Postal address Signature Designation Fire Authority Date Conditions, if any, should be attached to this certificate.

THE LOCAL GOVERNMENT ACT Order by the Minister

SECTION 107-THE LOCAL GOVERNMENT (FIRE INSPECTORS) ORDER

CAP. 281 Statutory Instrument 84 of 1993

1. This Order may be cited as the Local Government (Fire Inspectors) Order. 2. (1) The persons listed in the Schedule hereto are hereby appointed Fire Inspectors for each Council established under the Act. (2) The Fire Inspectors appointed under paragraph (1) shall have power at any reasonable time, to enter any public premises in their respective Council areas for the purpose of carrying out fire prevention inspections.

Title

Appointment of Fire Inspectors

SCHEDULE Paragraph
( 2) Lusaka Province

Lusaka City Council

Kafue District Council
Central Province

Mr Peter Mongela Mr Stephen Njovu Mr Davison Ndawa Mr Hazi J. Tembo Mr Phillip K. Jere Mr Sianga J. Mubita Mr Gabriel Mutambo Mr Boswell Chizinguka Mr Beenwell Simwinga Mr Danny Banda Mr Peter Chipwanya Mr Clement Zulu Mr Goodson Ngoma Mr Robby Chungwa Mr Phillip Syakutela Mr Robert Samukoko Mr Vernatius Chanda Mr Wilson Daka Mr Peter Sakala Mr Joseph Mwape Mr Gibson Makalu Mr Stanley Sichivula Mr Donald Kateule Mr Dickson Banda Mr Safelino Kabwe Mr Baldwin K. Mukeya Mr B. Maabwe Mr Abby C. Banda Mr Rodgers Kakunta

Kabwe Municipal Council

Kapiri Mposhi District Council
Copperbelt Province

Ndola City Council

Kitwe City Council

Mufulira Municipal Council

Luanshya Municipal Council

Southern Province

Livingstone Municipal Council

Choma District Council Monze District Council Mazabuka District Council
Eastern Province

Mr Renny Shindelele Mr Benard Cheelo Mr Joseph Lifumbo Mr Ignatius Simaata Mr Misheck Ngoma Mr Michael Kalamba Mr Bryson Hakayobe Mr George Chikale Mr Funny Kasunda Mr Albert Kampengele Mr Mutale S. Kaziya

Chipata Municipal Council

THE LOCAL GOVERNMENT ACT Regulations by the Minister

SECTION 94-THE LOCAL ADMINISTRATION (PROVINCIAL SERVICE BOARD'S MEMBERS' ALLOWANCES) REGULATIONS

CAP. 281 Statutory Instrument 122 of 1991

1. These Regulations may be cited as the Local Administration (Provincial Service Board's Members'Allowances) Regulations.*
*These Regulations are continued in operation by virtue of section 15 of the Interpretation and General Provisions Act Cap. 2.

Title

2. The members of a Provincial Service Board shall be paid the allowances set out in the Schedule to these Regulations.

Allowances for Board Members

SCHEDULE
(Regulation 2) Nature of Allowance: 1. Sitting Allowance where member resides(i) within 15 km from Headquarters of the Province (iii) beyond 30 km from the Provincial Headquarters .. .. .. .. .. .. .. .. .. .. .. .. K400.00 K450.00 K550.00 K1,050.00 (ii) beyond 1 km but within 30 km from the Provincial Headquarters Rate

2. Daily subsistence allowance for expenses incurred while on duty in Zambia

THE LOCAL GOVERNMENT ACT

SECTIONS 56 AND 59-THE KITWE DISTRICT COUNCIL (PUBLIC LIBRARY) BY-LAWS

By-laws made by the Council and confirmed by the Prime Minister

CAP. 281 Statutory Instrument 58 of 1983 Act 13 of 1994

PART I P
RELIMINARY

1. These By-laws may be cited as the Kitwe District Council (Public Library) By-laws. 2. In these By-laws, unless the context otherwise requires"book" means a book, chart, deed, engraving, etching, gramophone record, magazine, map, music score, newspaper, pamphlet, periodical, photograph, picture, print and every other article of a like nature

Title

Interpretation

forming part of the contents of the Library; "Council" means the Kitwe District Council; "lending department" means the department of the Library from which books may be borrowed for reading outside the Library; "Librarian" means the Librarian appointed by the Council; "Library" means the collection of books under the control of the Librarian made available by the Council for the use of the public; "resident" means any person who is either living in, or employed in, the area under the jurisdiction of the Council; "ticket" means a card pocket issued in respect of each ticket holder and includes a special ticket.

PART II U L B
SE OF IBRARY

UILDINGS

3. The Library shall be open to the public during such days and hours as Hours of shall be prescribed by the Council. opening and closing 4. Admission to the lending department of the Library shall be restricted to ticket holders but their representatives may be admitted at the discretion of the Librarian.
*These By-laws are continued in operation by virtue of section 15 of the Interpretation and General Provisions Act Cap. 2.

Admission to lending department

5. No person shall enter the Library building with any basket, case, shopping bag and other similar carrier.

Carrier. etc., to be surrendered

PART III M L
EMBERSHIP OF

ENDING

D

EPARTMENT

6. Membership of the lending department of the Library shall be open to any resident who has reached the age of sixteen years.

Qualification for membership

7. On becoming a member of the lending department a person shall be Issue of tickets entitled to receive a maximum of four ordinary tickets from the Librarian. 8. Any person who does not qualify for membership of the lending department under by-law 6 may borrow books on payment of a deposit at the rate of two kwacha per book. Persons not coming within specified categories

9. The Librarian shall issue the borrower with a special ticket on receipt Special tickets of the two kwacha deposit. 10. Additional special tickets up to a maximum of three may be obtained from the Librarian on further payment of a deposit of one kwacha for each special ticket. Additional special tickets

11. Aticket shall remain valid, unless previously cancelled, for a period Validity of of two years from the date of issue. ticket 12. For the purposes of by-laws 6 and 8, the spouse of a ticket holder shall be deemed to have the same qualification as the ticket holder whenever such qualification is more favourable. Provisions as to spouses

13. A lost ticket may be replaced by the Librarian upon payment of the Replacement of sum of twenty-five ngwee or one kwacha in respect of an ordinary or lost tickets special ticket respectively. 14. A ticket holder shall be liable for any loss or damage under these By-laws arising from the use of a ticket issued to such ticket holder by any person other than the ticket holder or his representative. Liability of ticket holders

15. Ticket holders shall immediately notify the Librarian of any change Notification of of residential or postal address. change of address

PART IV U L D
SE OF ENDING

EPARTMENT

16. Borrowers shall leave with the Librarian a ticket in respect of each Tickets to be book borrowed. left with Librarian 17. The Librarian shall not be responsible for the safe keeping of tickets Responsibility other than those left in accordance with by-law 16. of Librarian 18. Borrowers shall return books borrowed within fifteen days of the date of issue: Provided that the loan of any book which is not required by another borrower may be renewed for a further period of fifteen days upon request to the Librarian. 19. Borrowers shall not retain any book issued after receiving a written Written demand for return of demand from the Librarian to return such book. Such written demand may either be delivered by hand or by post to the last registered postal books address of the borrower. 20. Borrowers shall pay a fine of one penalty unit per day or portion of Fines when a day for each day a book is kept by the borrower beyond the date on books overdue which it should have been returned. Such fine shall be paid irrespective of whether the borrower was using all his tickets at the time the book was overdue. (As amended by Act No. 13 of 1994) 21. Should any book be lost, the borrower to whom it was issued shall Replacement of pay to the Librarian, in addition to any fines or other charges which may lost books be due in respect of such book, the value of the lost book or alternatively he shall replace it with another copy of equal value. If a person who has replaced a lost book subsequently recovers the book deemed to have Limited period of borrowing

been lost, he shall be entitled to retain the book so recovered. 22. Any book not returned to the Library within a period of two months When books from the date of issue shall be deemed to be lost unless the loan of it has deemed to be been renewed from time to time to cover the period during which it has lost been in the possession of the person to whom it was issued. Replacement of 23. Should any book be found when returned to the Library to be damaged, the borrower to whom it was issued shall replace such book damaged books with another copy of equal value or pay to the Librarian the value of such book unless the borrower can prove that the book was so damaged when issued to him. In the event of any person replacing a damaged book as aforesaid, he shall be entitled to retain the damaged book. 24. If an infectious disease occurs in any house containing books borrowed from the Library, the borrower shall hand over such books to the Council's Medical Officer of Health or any Health Inspector acting on his behalf. Until such infected house is declared free of disease by the Council's Medical Officer of Health, no books shall be issued from the Library to any person or persons residing therein. Provisions in case of infectious disease

PART V U R
SE OF

EFERENCE AND

R

EADING

R

OOMS

25. Persons may consult and read books in the reference room or Reference and reading room of the Library and may extract information from any book reading rooms used: Provided that no person shall bring ink bottles or ink pots for use in such room. 26. Any book except works of prose fiction in any other department of Books available the Library if not in use may be had on application to the Librarian for for reference consultation in the reference room or reading room. 27. Books shall not be borrowed from the reference department: Books may not

Provided that where it is not possible for a person to use a book in the reference room during normal opening hours of the Library, he may apply to the Librarian to borrow a book from the reference department from the time the Library closes until it reopens on the following day. 28. Tickets shall be left with the Librarian for each book borrowed from the reference department: Provided that the Librarian may demand the payment of a deposit not exceeding ten kwacha for any reference book so borrowed.

be borrowed except as provided

Requirements as to tickets and deposits

PART VI L B
IABILITY OF

ORROWERS

29. Any borrower to whom a book has been issued shall be liable for Liability of any loss, fine or other charge incurred in respect of the issue of such borrowers book to him, notwithstanding the fact that such loss, fine or other charge was not due to his own default or neglect, and no person who has lost or damaged any book or who has incurred any fine or other charge shall be permitted to borrow any further books until such lost or damaged books shall have been replaced or the amount of the damage caused thereto or the fine or other charge has been paid to the Librarian, as the case may be.

PART VII O P
FFENCES AND

ENALTIES

30. No person shall be in possession of or remove from any part of the Unauthorised Library any book which has not been issued to him in accordance with removal of these By-laws. books generally 31. A person shall not take any book from the reference or reading room of the Library except as authorised by these By-laws. Unauthorised removal of

books from reference or reading rooms 32. A person shall not engage in audible conversation in any reference Conversation or reading room of the Library after having been requested not to do so by the Librarian. 33. A person shall not maliciously or wilfully obstruct the Librarian in Obstruction and the execution of his duty or wilfully disturb, interrupt or annoy any other annoyance person in the proper use of the Library. 34. A person shall not cause or allow any dog or other animal belonging to him or under his control to enter or remain in the Library, or bring into any part of the Library a bicycle or other wheeled vehicle or conveyance, other than a hand-propelled invalid chair. Animals and vehicles

35. A person shall not enter or remain in any part of the Library not set Trespass apart for use of the public. 36. A person shall not smoke, strike a light or spit in any part of the Library. 37. A person shall not carelessly or negligently soil, tear, cut, deface, damage, injure or destroy any book forming part of the contents of the Library. 38. No person other than the Librarian shall affix or post any bill, placard or notice to or upon any part of the Library. Smoking and spitting Damage and negligence

Bills, notices and placards

39. A person who is offensively unclean in person or in dress or who is Uncleanliness suffering from an offensive or infectious disease shall not enter or use and infectious the Library. disease 40. A person shall not lie on the benches, chairs, tables or floor of the Library. Misuse of furniture and premises

41. A person shall not partake of refreshment in the Library. 42. A person shall not give a false name or address for the purpose of entering any part of the Library or obtaining any privilege therefrom.

Refreshment False names and addresses

43. A person shall not make a tracing of any portion of a book without Misuse of the permission of the Librarian. No person shall mark any leaf in a book, books turn down or stain the leaves. 44. A person shall not behave in a disorderly manner, use abusive, blasphemous or obscene language or gamble in any part of the Library. 45. Any person guilty of an offence, contravention of or default in complying with any of these By-laws shall be liable on conviction to a fine not exceeding twenty five penalty units. (As amended by Act No. 13 of 1994) Suspension of 46. Any person guilty of an offence against these By-laws shall be suspended from membership of the lending department by the Librarian membership and shall not be permitted to borrow books or use the reading or reference rooms: Provided that such person shall have a right of appeal to the Council. THE LOCAL GOVERNMENT ACT
SECTIONS 69 AND 76-THE KATETE DISTRICT COUNCIL (MEAT, ABATTOIR AND BUTCHERIES) BY-LAWS
CAP. 281 Statutory Instrument 139 of 1994

Behaviour in premises Penalties

By-laws made by the Council and confirmed by the Prime Minister

PART I P
RELIMINARY

1. These By-laws may be cited as the Katete District Council (Meat, Abattoir and Butcheries) By-laws.

Title

2. In these By-laws, unless the context otherwise requires"abattoir" means the place provided by the Council for the slaughter of animals intended for sale for the food of humans and include buildings, lairs, stalls and spaces within the abattoir site; "animal" means bull, ox bullock, cow heifer, steer, calf, sheep, lamb, goat or other quadruped commonly used for the food of humans; "area" means the area under the jurisdiction of the Council; "butcher" includes the owner, occupier and Manager of a butchery; "butchery" means any premises in which the selling, storage or preparation of meat or meat products is carried on, for the use of persons other than those residing on the premises; "Council" means the Katete District Council; "meat" means the flesh, offal or other parts used or intended to be used as food for humans derived from any animal as defined above, but does not include canned meat, bacon or ham; "meat inspector" means a person employed by the Council to act as meat inspector or any other qualified person authorised by the Council to act in that behalf; "prescribed township area" means the area within the demarcated boundaries of the township development plan in accordance under the Development Plans Regulations; "veterinary officer" means a veterinary surgeon in the employment of Government.

Interpretation Cap. 283

PART II M A
EAT AND

BATTOIR

3. A person shall not expose, offer, deposit, accept or have in his possession for resale any meat unless such meat has been examined and stamped or otherwise marked, as may be approved by the Council, as having been passed by the meat Inspector as fit for human consumption.

No meat to be sold unless marked as fit for consumption

4. A person shall not directly or indirectly obstruct any medical officer, Obstruction of any veterinary officer, meat inspector, health inspector or other duly authorised

authorised official in the lawful execution of the provisions of these By-laws. 5. (1) A person shall not slaughter or skin any animal except at such place and subject to such condition as the Council may direct. (2) A person shall not slaughter or cause to be slaughtered at any place within the township boundary, other than the abattoir, any animal the flesh of which is intended for sale as food for human consumption. (3) Any person who slaughters or skins any animal shall(a) dispose of or destroy all waste or refuse resulting from such slaughter or skinning in such place and in such manner as the Council may direct; and (b) maintain in a clean and sanitary condition to the satisfaction of the Council as its authorised agent, the abattoir or place appointed for such slaughter. 6. No person shall bring any dead or dying animal into any abattoir without first obtaining the written consent of the veterinary officer or meat inspector.

official prohibited Slaughter of animals

Dead or dying animal

7. The owner of an animal brought into the abattoir shall be responsible Owner of for such animal and shall make good any damage caused by him or his animal animals. responsible for damages 8. (1) The Council shall charge a fee for slaughtering, examination, stamping, branding, marking re-examination or re-stamping of any animal, meat or carcass, for each animal, meat or carcass. (2) The fee shall be due and payable by the owner of such animal or meat or carcass upon the rendering by the Council of an account therefore. 9. Any person who contravenes any provisions of the By-laws contained in this Part shall be liable upon conviction(a) to a fine not exceeding two thousand penalty units; and (b) in a continuing or subsequent to same offence, a fine not exceeding eight hundred kwacha for each day during which the offence Offence and penalties Fee

continues.

PART III B
UTCHERIES

10. (1) A person shall not carry on the business of a butchery unless he Butcheries to be needs a valid certificate in writing from the Council that such butchery approved by the conforms with these By-laws. Council (2) The certificate shall not be granted unless the health inspector is satisfied that the butchery in respect of which such certificate is issued conforms with these By-laws and is suitable for the purpose for which it is intended to be used. (3) Every certificate shall be clearly exhibited at all times in the butchery to which it relates. (4) The Council may revoke the certificate at any time, if the butchery ceases to conform with the provisions of these By-laws. 11. Every butchery shall comply with the provisions of Public Health (Meat, Abattoir and Butcheries) Regulations. Conditions to be complied with by butcheries Cap. 295 Prohibition of spitting

12. A person shall not spit in the butchery.

13. A person shall not at any time keep or cause to be kept in a butchery Prohibition of any live animal or bird. animals in the butchery 14. Any person engaged in handling of meat or meat product shall submit themselves to medical examination every six months and when called upon to do so by the medical officer of health. Examinations

15. (1) Any person who contravenes any provision of the By-laws contained in this part shall be liable, on conviction(a) to a fine not exceeding one thousand penalty units or for imprisonment for a period not exceeding three months or to both; (b) in the case of continuing offence, to a fine not exceeding five hundred kwacha for every day during which the offence continues; and (c) in addition to any penalty prescribed in sub-paragraph (a) and (b) the Council may cancel or suspend any licence or certificate issued.

Penalties

PART IV
16. A person(a) Straying animals within who owns or is in charge of any cattle, horse, mule, donkey, sheep, pig, goat or poultry, shall not allow such animals to be at the township large in any street or public place or on any unoccupied premises or to trespass on any garden or pleasure ground within the prescribed township boundary; who owns or is in charge of any wild, ferocious or dangerous dog, monkey or other animal or any bitch on heat shall not allow such animal to be at large in any street or public place within the prescribed township boundary; who owns or is in charge of any animal affected with infectious or contagious disease, shall not let such animal loose except in a place that may be set aside for such purpose by the Council; and not keep any cattle, kraal or pigsty or any pig or other animals, that are likely to be injurious to health within the township, except under a written permit from the Council. Which permit shall be renewed at yearly intervals. Penalties

(b)

(c)

(d)

17. Any person who contravenes any provision of the By-laws in this part shall be liable, on conviction to a fine not exceeding one thousand penalty units or to imprisonment for a period not exceeding three months or to both. THE LOCAL GOVERNMENT ACT
SECTIONS 76-THE KATETE DISTRICT COUNCIL (VILLAGE CLEANLINESS) BY-LAWS

By-laws made by the Council and confirmed by the Prime Minister

CAP. 281 Statutory Instrument 46 of 1994 Act 13 of 1994

1. These By-laws may be cited as the Katete District Council (Village Cleanliness) By-laws. 2. In these By-laws, unless the context otherwise requires"area" means the area under the jurisdiction of the Katete District Council; "Council" means Katete District Council; "village" means a community of households established under the Registration and Development of Village Act within the Council Boundaries; "cleanliness" means the maintenance of stipulated health standards for prevention of communicable diseases; "nuisance" means a condition liable to be injurious and dangerous to health as defined under section sixty-seven of the Public Health Act; "domestic dwelling" means any form of building in human use, or intended for human use, whether for purposes of business, residence or amusement; "refuse pit" means a pit dug for disposal of domestic household refuse; "latrine" includes a privy, urinal, pail closet, pit closet, earth closet, chemical closet, water closet; "latrine accommodation" includes a receptacle for human excreta, together with the structure containing and including such receptacle and the fittings and apparatus connected therewith; "occupier" includes any person in actual occupation of land or premises without regard to the title under which he occupies. 3. (1) Every person shall take all lawful, necessary and practicable measures for maintaining his village or area at all times in a clean and sanitary condition and for preventing the occurrence of or for remedying any nuisance or condition liable to be injurious or dangerous to health. (2) The occupier of any domestic dwelling shall provide a refuse pit situated at least twenty metres away from the dwelling house for disposal of refuse.

Title

Interpretation Cap. 289

Cap. 295

Community to maintain cleanliness and prevent nuisances

4. (1) Any person who fails to obey an order of the Council to comply Failure to with the requirements of By-law 3 within the time specified by the comply with Council, or otherwise to remove the nuisance, shall, unless he satisfies order

the Court that he has used all diligence to carry out such order, be guilty of an offence. (2) The Council may enter the premises to which any such order relates and remove the nuisance and do whatever may be necessary in the execution of such order and recover, as a civil debt, the expenses incurred from the person against whom the order is made. 5. (1) The Council may order the demolition of any domestic dwelling where it is satisfied that such dwelling is so dilapidated or so defectively constructed as to make it unfit for human habitation and may recover from the owner, as a civil debt, the expenses incurred therein. (2) Any person who wilfully fails to comply with any order for demolition, shall be guilty of an offence. (3) No compensation shall be paid by the Council to the owner or occupier of any such dwelling or other structure which may be damaged in respect of a demolition order. (4) From the date of the demolition order no rent shall be due or payable by or on behalf of the occupier in respect of such dwelling or structure. 6. (1) Every dwelling house must be provided with a separate latrine accommodation: Provided that, notwithstanding anything contained in these By-laws, a separate latrine may not be provided where, in the opinion of the Council, sufficient latrine accommodation is so conveniently situated that it may be safely used in common by the households in that community. (2) Any person who damages or makes improper use of any public latrine or a latrine provided in connection with any school, church or place of public worship, theatre, markets, clinics, public hall or other public place shall be guilty of the offence. 7. Where any owner or occupier who is in receipt of a written notice, shall fail to comply with the requirements of such notice within the period specified in the notice the Council may, after the expiration of the period specified, do the work or direct any person to do the work required to be done, and recover, as a civil debt from the owner or occupier the expenses incurred by it in so doing. The Council to enforce provision of latrine accommodation Provision of latrine accommodation to dwelling houses Demolition of dilapidated or defective dwelling

8. Any person who causes any existing domestic dwelling or public building to be erected or who occupies, or being the owner, permits to be occupied any such domestic building or public building in contravention of the provisions of these By-laws shall be guilty of an offence. 9. (1) Any person who contravenes any provision of these By-laws, shall be guilty of an offence and shall be liable(a) in the case of a first offence to a fine not exceeding ten penalty units or imprisonment for a period of six months, or to both; (b) in the case of continuing offence, to a fine not exceeding five penalty units for every day during which the offence continues. (2) In addition to any penalty prescribed by sub-by-law (1), the court may order that any expenses incurred by the Council in consequence of such contravention be paid by the person committing the contravention. (As amended by Act No. 13 of 1994) THE LOCAL GOVERNMENT ACT
SECTIONS 61 AND 76-THE KATETE DISTRICT COUNCIL (ESTABLISHMENT OF WASTE DISPOSAL SITES) BY-LAWS

Provisions of accommodation to domestic and public building Offences and Penalties

By-laws made by the Council and confirmed by the Prime Minister 1. These By-laws may be cited as the Katete District Council (Establishment of Waste Disposal Sites) By-laws. 2. In these By-laws, unless the context otherwise requires"area" means the area under the jurisdiction of the Council; "commercial wastes" means the wastes discharged from industrial activities; "Council" means the Katete District Council; "refuse" means wastes as defined under the Environmental Protection and Pollution Control Act, and includes hazardous wastes. 3. The places described in the Schedule hereto are hereby established as waste disposal sites for the area.

CAP. 281 Statutory Instrument 143 of 1994

Title

Interpretation Cap. 204

Establishment of disposal sites

4. Any person who disposes of commercial waste at a waste disposal site established by the Council under these By-laws shall pay to the Council a fee of fifty kwacha per kilogramme before disposal.

Commercial waste disposal site levy

5. Any person who disposes of wastes at any other place other than that Offences and established under these By-laws shall be guilty of an offence and shall penalties be liable upon conviction(a) in the case of a first offence, to a fine not exceeding one thousand penalty units or to imprisonment for a period not exceeding six months, or to both; (b) in the case of a second offence, or subsequent offence, to a fine not exceeding two hundred kwacha for every day during which the contravention continues. CHAPTER 282 THE LOCAL GOVERNMENT ELECTIONS ACT ARRANGEMENT OF SECTIONS PART I PRELIMINARY Section 1. 2. Short title Interpretation

PART II LOCAL GOVERNMENT ELECTORAL COMMISSION 3. 4. 5. 6. 7. 8. Local Government Electoral Commission Secretary to Commission Procedure of Commission Appointment of election officers Conduct and expenses of Local Government elections Powers of Commission

PART III DELIMITATION OF WARDS 9. Division of area of councils into wards

PART IV HOLDING OF ELECTIONS 10. 11. 12. 13. 14. 15. 16. 17. Ordinary elections Nomination of candidates By-elections Representation of wards and tenure of office Qualification for voting Disqualification from voting Qualification of councillors Disqualification of councillors

PART V ELECTION PETITIONS 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. Avoidance of elections Who may present election petition Relief which may be claimed in election Form and procedure for presentation of election petition Duty of Registrar to make out list of election petitions Rules of practice and procedure; security for costs Withdrawal of election petitions Substitution of new petitioners Abatement of election petitions Trial of election petitions Provisions as to witnesses Conclusion of trial of election petition Provisions as to costs

PART VI

CORRUPT AND ILLEGAL PRACTICE AND ELECTION OFFENCES 31. 32. 33. 34. 35. Bribery Personation Treating Undue influence Penalty

36. Illegal practice of publishing false statements in respect of candidates 37. 38. 39. 40. 41. 42. 43. 44. 45. 46. Illegal practice in respect of nomination of candidates Illegal practice in respect of voters Illegal practice in respect of public meetings Illegal practice in broadcasts Penalty for illegal practices Election offences Secrecy Offences by election officer Offences by printers and publishers Penalty for attempt to commit certain offences

PART VII MISCELLANEOUS 47. 48. 49. 50. 51. 52. Repealed by Act No. 17 of 1994 When incapacity may be removed No person required to state how he voted Evidence as to holding of election Validation of certain documents Transitional provisions in respect of elections in 1991
Act No. 21 of 1991 26 of 1992 18 of 1992

CHAPTER 282 LOCAL GOVERNMENT ELECTIONS

An Act to provide for the conduct of local government elections; to establish the Local Government Electoral Commission and to specify the functions thereof; and to provide for matters incidental to or connected with the foregoing. [6th September, 1991

31 of 1993 13 of 1994 14 of 1994 8 of 2004

PART I PRELIMINARY 1. (1) This Act may be cited as the Local Government Elections Act. (2) This Act shall be deemed to have come into operation on 1st December, 2001. (3) Nothing in this section shall be construed as to prohibit the making of any statutory instrument under this Act during the interim period for the purpose of regulating the conduct of any election following the expiry of the interim period or providing for the division of the areas of councils into wards and prescribing the boundaries of such wards for the purpose of any election following the expiry of the interim period. (As amended by Act No. 8 of 2004) Interpretation 2. (1) In this Act, unless the context otherwise requires"area", in relation to a council, has the meaning assigned to it by section Cap. 281 two of the Local Government Act; "by-election" means an election held in accordance with section twelve; "candidate" means any person nominated as a candidate for election as a councillor; "casual vacancy" means a vacancy in the office of councillor occurring by virtue of section nineteen of the Local Government Act; "Commission" means the Local Government Electoral Commission established under section three; "corrupt practice" means any act punishable under section forty-one; "costs" include charges and expenses; "council" means a city council, municipal council, township council or district council established or deemed to be established under the Local Government Act; "councillor" means a person elected under this Act to the office of Cap. 281 Short title Application

Cap. 281

councillor of a council; "Director of Elections" means the person for the time being holding or acting in the public office of Director of Elections; "District Executive Secretary" in relation to a council, has the meaning assigned to it by section two of the Local Government Act; "election" means an election to the office of councillor of a council; "election officer" has the meaning assigned to it in section six; "election petition" means an election petition referred to in section eighteen; "employee", in relation to a council, has the meaning assigned to it by section two of the Local Government Act; "illegal practice" means any act which is an illegal practice under Part VI; "interim period" means the period commencing at the commencement of this Act and expiring on such date as the President may, by statutory order, prescribe; "officer", in relation to a council, has the meaning assigned to it by section two of the Local Government Act; "ordinary election" means an election held in accordance with section ten; "petitioner", in relation to an election petition means any person referred to in section nineteen who signs and presents such election petition under section twenty-one, and includes any person substituted for the petitioner under section twenty-five or twenty-six; "polling district" means a polling district declared to be such under section seventeen of the Electoral Act; "register of voters" means a register of voters prepared and in force under the Electoral Act; "registered" means registered in a register of voters and "registration" shall be construed accordingly; "Registrar" means the Registrar of the High Court; "respondent" has the meaning assigned to it under section twenty-one; "returning officer" means a person appointed as such under this Act; "voter" means a person entitled to vote at an election under section fourteen; "ward" means any of the divisions into which a council area is divided under section nine; Cap. 13 Cap. 281 Cap. 281 Cap. 281

(2) For the purpose of this Act, "election expenses" means expenses incurred, whether before, during or after an election, on account of, or in respect of, the conduct or management of such election by or on behalf of a candidate: Provided that the following expenses shall not be deemed to be election expenses: (i) any moneys expended or expenses incurred by any association or group of persons or by any person in the general interests of a political party or organisation or its candidates generally, not being moneys expended or expenses incurred directly in the particular interest of any particular candidate or expenditure incurred by a political party with the consent of a candidate and apportioned to such candidate under this Act; (ii) any moneys expended or expenses incurred by any political party or organisation in the printing, publication or distribution of the official organ of that political party or organisation; or (iii) any moneys deposited by or on behalf of a candidate with an election officer under any provision of this Act relating to the nomination of candidates for election.

PART II LOCAL GOVERNMENT ELECTORAL COMMISSION 3. (1) There is hereby established a Local Government Electoral Local Commission for the purpose of supervising the conduct of elections held Government under this Act. Electoral Commission (2) The Commission shall consist of a Chairman and two other members who shall be appointed by the President. (3) A person shall not be qualified for appointment as Chairman of the Commission unless he holds or has held high judicial office. (4) A person shall not be qualified for appointment as a member of the

Commission if he is a member of the National Assembly, or a councillor, or an officer or any employee of a council. (5) If the office of Chairman or if any other member of the Commission falls vacant or the holder of the office becomes unable for any reason to discharge his functions as a member of the Commission, the President may appoint another person qualified for appointment to be the Chairman or, a member of the Commission, as the case may be. (6) In the exercise of its functions under this Act, the Commission shall not be subject to the direction or control of any other person or authority. 4. The President shall appoint a Secretary to the Commission who shall Secretary to discharge such functions as the Commission may direct. Commission 5. (1) The Commission may, by regulation regulate its own procedure Procedure of Commission and confer powers or impose duties on any officer or authority of the Government or of a council for the purpose of discharging its functions. (2) Any decision of the Commission shall require the support of the majority of its members. (3) Subject to subsection (2), the Commission may act notwithstanding the absence of any member or any vacancy in the office of any member. 6. (1) The Commission may appoint such election officers as it may consider necessary for the purpose of any election and, subject to the other provisions of this section, any election officer may exercise such functions relating to an election as may be prescribed by the Commission. (2) In respect of any election, an election officer may, if so empowered by the Commission under regulations made under section eight, appoint any fit person to be an election officer and may in any case, subject to the general or special directions of the Commission, appoint any fit person to assist him in the exercise of his functions under this Act; Provided that an election officer may at any time, in such manner as may Appointment of election officers

be prescribed, revoke an appointment made by him under this subsection. (3) Every election officer shall, before exercising any of the functions of his office, take and subscribe such oath or make such affirmation in lieu of the Oath, as the Commission may prescribe. (4) The Commission may at any time revoke the appointment of an election officer. (5) Every election officer shall be paid such remuneration and allowances in respect of his duties as the Commission may determine. (6) In this section, "election officer" means a person appointed under this Act to be(a) (b) (c) (d) a returning officer; a presiding officer; a polling assistant; or a counting assistant;

and includes any person appointed by an election officer under subsection (2); and where functions are conferred on the Director of Elections under this Act in respect of an election, includes the Director of Elections. 7. (1) The conduct of every election shall be subject to the direction and Conduct and supervision of the Commission. expenses of Local Government elections (2) The costs of, and incidental to, the conduct of any election in any ward of a council shall be paid out of moneys appropriated by Parliament for the purpose:

Provided that, notwithstanding any such appropriation, such council shall pay into the general revenues of the Republic the amount of such costs, or such lesser amount as the Minister may prescribe, by statutory order, in respect of such council. (3) Where any question arises as to the amount of the costs referred to in subsection (2), a certificate under the hand of the Minister stating the amount of the costs shall be conclusive and shall not be questioned in any proceedings whatsoever. 8. (1) Subject to the other provisions of this Act, the Commission may, Powers of Commission by statutory instrument, make regulations providing for the procedure and manner of conducting every election, and may, at any time, issue instructions to any election officer in connection with his functions under this Act and may require any election officer to furnish to the Commission such information and returns as it may consider necessary. (2) Without prejudice to the generality of subsection (1), the Commission may, be statutory instrument, make regulations providing for all or any of the following matters: (i) (ii) the division of the area of councils into wards; the establishment of polling stations in a ward;

(iii) the nomination of candidates for any election; and the withdrawal of nominations duly made; (iv) the making and determination of appeals against the rejection of nominations by a returning officer; (v) the publication of names of candidates whose nominations are accepted; (vi) (vii) the payment of election fees by candidates; the use, and the allocation of, symbols at an election;

(viii) the appointment, and the duties of, election agents and polling agents; (ix) (x) stations; (xi) (xii) the fixing of dates and times for the taking of polls; the equipment and facilities to be provided at polling the persons who may be admitted to polling stations; the manner and procedure of voting at an election;

(xiii) the manner of ascertaining the identity of persons wishing to vote at elections and whether such persons are qualified to vote; (xiv) the manner in which persons who are blind, or otherwise incapacitated, may vote; (xv) voting by persons employed on election duties on the day of an election; (xvi) the maintenance of secrecy at elections; (xvii) the postponement of, the adjournment of, or an extension of, time for a poll in case of riot or open violence at an election; (xviii) the administering of oaths or affirmations by election officers in respect of such matters as may be prescribed; (xix) the procedure to be followed at the conclusion of a poll in an election; (xx) the procedure for counting votes in an election, and the circumstances in which votes in an election may be rejected by a returning officer as invalid; (xxi) for the purpose of declaring any candidate duly elected, the procedure to be followed where there is an equality of votes between candidates in an election; (xxii) the procedure to be followed where only one person or where no person is duly nominated for election in a ward; (xxiii) the declaration, notification and publication of the result of an election; (xxiv) the custody and disposal of nomination papers, ballot papers, records, documents and other things relating to the conduct of elections; (xxv) election expenses and returns relating to such expenses; (xxvi) the notification and publication of any casual vacancy in the elected membership of a council; (xxvii) the forms and records to be used for any of the purposes of this Act; and (xxviii) any matter to be prescribed under this Act.

(3) Regulations made under this section may provide in respect of any contravention of them that any such contravention shall be a corrupt practice or an illegal practice and that any offender shall be liable, on conviction, to a fine not exceeding eight hundred penalty units or to a term of imprisonment not exceeding two years, or to both.

(4) No prosecution for an offence against this Act shall be commenced after the lapse of one year from the date on which the offence is alleged to have been committed. (5) Subject to the provisions of subsection (4), a police officer may arrest without warrant any person reasonably suspected by the police officer of having committed or attempted to commit an offence against this Act. (As amended by Act No. 13 of 1994)

PART III DELIMITATION OF WARDS 9. (1) Not later than six months after the appointment of the members of the Commission under section three, and whenever thereafter it is necessary to do so to give effect to the provisions of this section, the Commission shall, after consultation with every council, by statutory order, divide the area of each council into wards, defining the boundaries of the wards by reference to polling districts, and assigning names to the wards. (2) The number of wards into which the area of a council is divided shall be equal to the number of elected councillors prescribed in respect of that council by the Minister under the Local Government Act. (3) The Commission shall exercise its powers under this section that each ward comprises one or more complete polling districts. (4) Whenever the Minister alters the area of a council or the number of councillors of a council, the Commission shall after consultation with such council, by statutory order, make such alterations to the boundaries of the wards of such council or to the division of the area of such council into wards as may be necessary to give effect to the provisions of this section. Division of area of councils into wards

(5) Whenever the Commission is satisfied that there has been a material alteration in the number of registered voters in the area of a council or of any of the wards into which such area is divided, the Commission may, after consultation with the council concerned, exercise in respect of the area of that council or any part of the council the powers conferred by this section.

PART IV HOLDING OF ELECTIONS 10. (1) An ordinary election of councillors in every ward of every Ordinary council throughout Zambia shall with effect from 2001 to be held every elections 1992 five years, on such date as the President shall, by statutory order, prescribe: (As amended by Act No. 8 of 2004) Provided that(a) a poll shall not be taken in any ward in respect of which only one candidate is validly nominated for election; or (b) where for any reason no candidate is elected at an election in any ward further elections shall be held in the ward until a candidate is duly elected. (2) Whenever(a) a new council is established; or

(b) an alteration is made in the division of the area of an existing council into wards or in the definition of the boundaries of any ward; the President may, by statutory order, direct that any ordinary election of councillors in every ward or in any particular ward of that council shall be held on such date as may be appointed by the order. (3) A statutory order under this section shall specify the day or days on which, and the hours within which returning officers may receive

nominations of candidates for election in any ward to which such order relates. (As amended by Act No. 26 of 1991 and No. 31 of 1993) 11. (1) Subject to subsection (2), every candidate for election in a ward Nomination of of a council shall be nominated by means of a nomination paper in such candidates form as may be prescribed, and such nomination paper shall be subscribed, in the presence of the returning officer for that council, by a proposer and a seconder and not less than seven other persons, each of whom shall be a voter registered in a polling district in such ward. (2) Any person presenting himself to a returning officer for the purpose of subscribing a nomination paper under subsection (1) shall identify himself by producing his voter's registration card and his national registration card to the returning officer for inspection. (3) In this section"national registration card" means a valid national registration card issued under the National Registration Act; Cap. 126

"Voter's registration card" means a valid voter's registration card issued under the Electoral Act. Cap. 13 12. (1) Subject to the other provisions of this section, a byelection to fill By-elections a casual vacancy in the office of a councillor shall be held on such date as the Commission may, by statutory order, prescribe, being a date not later than ninety days after the date when notification of the vacancy was received by the Commission. Provided that a poll shall not be taken in any by-election in respect of which only one candidate is validly nominated for election. (2) Unless the Commission otherwise, by statutory order, directs, a by-election to fill a casual vacancy in the office of a councillor shall not be held in any ward in which an ordinary election of councillors is or may be required to be held under section ten. (3) A statutory order this section shall specify the day or days on which, and the hours within which, returning officers may receive nominations

of candidates for election in any ward to which such order relates. 13. There shall be one councillor elected for each ward into which the area of a council is divided and, without prejudice to the Local Government Act, every councillor of a council shall hold office for the duration of the period expiring immediately before the result of the next ordinary election held in respect of that council or in respect of the ward for which he is elected councillor, as the case may be, is duly declared: Provided that every councillor of a council elected in the ordinary elections held in 2001 shall be deemed to have been elected to hold office for a period of five year commencing on the date of such election and shall continue in office up to the date of the announcement of the next ordinary election. (As amended by Act No. 8 of 2004) 14. (1) Subject to the other provisions of this ActQualification for voting Representation of wards and tenure of office Cap. 281

(a) every person who, at the time when any election is held in any ward under this Act, is registered in a register of voters relating to any polling district in that ward; or (b) is any established resident of Zambia, who is a rate payer and has resided in the area of that council for a minimum period of three years; and who has attained the age of eighteen years. shall be entitled to vote at elections under this Act in the prescribed manner. (2) Every person shall, whenever he wishes to vote at an election under this Act, identify himself to an election officer in such manner as may be prescribed and no person shall be entitled to vote more than once at any such election. (As amended by Act No. 18 of 1992) 15. No person shall be entitled to vote at an election under this Act who(a) has been convicted of any corrupt practice of illegal practice within a period of five years preceding that election; (b) has been reported guilty of any corrupt practice or illegal practice by a court upon the trial of an election petition under this Act Disqualification from voting

within a period of five years preceding that election; or (c) is in lawful custody at the date of that election. Qualification of councillors

16. Subject to the provisions of section seventeen, a person shall be qualified for election as a councillor of any council if, and shall not be qualified to be so elected unless(a) (b) (c) he is a citizen of Zambia; he has attained the age of twenty-one years; and he is ordinarily resident in the area of that council

17. (1) A person shall not be qualified for election as a councillor if he- Disqualification of councillors (a) is, under any law in force in Zambia, adjudged or declared to be of unsound mind; (b) is under sentence of death imposed on him by any court in Zambia or a sentence of imprisonment has been imposed on him by that court or is substituted by a competent authority for some other sentence imposed on him by that court; (c) is an undischarged bankrupt, adjudged or declared bankrupt under any law in force in Zambia, or has made a composition or arrangement with his creditors and has not paid his debts in full; (d) is an officer or an employee of a council;

(e) has on the day, for nomination or of election to the council, not paid the rate, charge or tax due to the council or to any other Local Authority and has been notified; or (f) is an election officer.

(2) No person convicted of corrupt practices or illegal practices by a court of law after an election petition under this Act, shall be qualified to be nominated for election as a councillor for a period of five years from the date of that conviction.

(3) In this section, the reference to a sentence or imprison-ment includes a sentence or imprisonment which is suspended or a sentence of imprisonment imposed in default of payment of a fine. (As amended by Act No. 18 of 1992)

PART V ELECTION PETITIONS 18. (1) No election of a candidate as a councillor shall be questioned except by an election petition presented under this Part. (2) The election of a candidate as a councillor shall be void on any of the following grounds if it is proved to the satisfaction of the court upon the trial of an election petition: (a) that by reason of any corrupt practice committed in connection with the election or by reason of other misconduct, the majority of voters in a ward were or may have been prevented from electing the candidate in that ward whom they preferred; (b) subject to subsection (4), that there has been a non-compliance with the provisions of this Act relating to the conduct of elections, and it appears to the court that the election was not conducted in accordance with the principles laid down in such provisions and that such non-compliance affected the result of the election; (c) that any corrupt practice or illegal practice was committed in connection with the election by, or with the knowledge and consent or approval of, the candidate or his election agent or his polling agents; or (d) that the candidate was at the time of his election a person not qualified or a person disqualified for election as a councillor. (3) Notwithstanding subsection, (2) where upon the trial of an election petition, the court finds that any corrupt practice or illegal practice has been committed by, or with the knowledge and consent or approval of, any agent of the candidate whose election is the subject of the election Avoidance of elections

petition, and the court further finds that such candidate has proved that(a) no corrupt practice or illegal practice was committed by the candidate himself or by his election agent, or with the knowledge and consent or approval of the candidate or his election agent; (b) the candidate and his election agent took all reasonable means for preventing the commission of corrupt practice or illegal practice at such election; and (c) in all other respects the election was free from any corrupt practice or illegal practice on the part of the candidate or his election agent; then, the court shall not, by reason only of such corrupt practice or illegal practice, declare that the election of such candidate was void. (4) No election shall be declared void by reason only of any act or omission by an election officer in breach of his official duty in connection with an election if it appears to the court that the election was so conducted as to be substantially in accordance with the Act, and that such act or omission did not affect the result of that election. 19. An election petition may be presented to the court by one or more Who may of the following persons: present election (a) a person who lawfully voted or had a right to vote at the election petition to which the election petition relates; (b) a person claiming to have had a right to be nominated as a candidate or elected as councillor at the election to which the election petition relates; or (c) a person alleging himself to have been a candidate at the election to which the election petition relates; or (d) the Attorney-General. Relief which may be claimed in election

20. (1) Any of the following reliefs may be claimed in any petition:

(a)

a declaration that the election was void; or

(b)

a declaration that any candidate was duly elected.

(2) In addition to the reliefs, specified in subsection (1), a petitioner may apply to the court, upon the trial of an election petition, for a scrutiny to be carried out by the court in such manner as the court may determine. (3) On a scrutiny at the trial of an election petition, the following votes only shall be held invalid: (a) the vote of any person whose name was not on the register of voters assigned to the polling station at which the vote was cast or who was not authorised to vote at such polling station under this Act; (b) the vote of any person whose vote was procured by any corrupt practice or illegal practice; (c) the vote of any person who committed or procured the commission of personation at the election to which the election petition relates, contrary to this Act; (d) the vote of any person proved to have voted more than once at the election to which the election petition relates; or (e) the vote of any person who was disqualified from voting at the election to which the election petition relates. (4) In this section"secrutiny" means an inquiry as to the validity of the votes cast, including the determination of the number of valid votes cast, for each candidate in the election in respect of which the application for a scrutiny is made, 21. (1) Every election petition shall be in such form and shall contain such matters as may be prescribed by rules made by the Chief Justice. Form and procedure for presentation of election petitions

(2) Presentation of an election petition to the court shall be made by lodging it with the Registrar in accordance with this Act. (3) Every election petition shall be signed by the petitioner, or by all the petitioners if more than one, and shall be presented not later than thirty days after the date on which the result of the election to which it relates is duly declared. (4) Not withstanding subsection (3), when the election of a councillor (hereinafter referred to as "the respondent") is questioned upon an allegation of a corrupt practice or an illegal practice, the election petition may be presented(a) at any time before the expiry of twenty-one days after the day on which the returning officer receives the return of the election expenses of the respondent; or (b) if the election petition specifically alleges a payment of money or some other act to have been made or done since the day referred to in paragraph (a) by the respondent or his election agent, or with the privity of the respondent or of his election agent in pursuance or in furtherance of the corrupt practice or illegal practice alleged in the election petition, at any time within thirty days after the date of such Payment or other act. (5) Where an election petition is presented under this section, the Registrar shall in writing so inform the Commission and the principal officer of the council to which the petition relates. 22. (1) Subject to subsection (2), the Registrar shall make out a list of all election petitions presented under this Act, placing them on such list in the order in which they are presented and he shall keep at his office a copy of such list which shall be open for inspection by any person making application for inspection of it. (2) Every election petition shall, unless the court orders otherwise, be tried in the order in which it stands on the list made out by the Registrar under subsection (1), but where more election petitions than one are presented in respect of the same election, such election petitions shall be bracketed together and shall be dealt with as one petition, standing, unless the court orders otherwise, in such list in the place where the last Duty of Registrar to make out list of election petitions

of such election petitions would have stood if it had been the only election petition presented in respect of that election. 23. (1) Subject to this Act, the Chief Justice may make rules regulating generally the practice and procedure of the court with respect to the presentation and trial of election petitions, including rules as to the time within which any requirement of such rules is to be complied with, and as to the costs of and incidental to the presentation and trial of election petitions and as to the fees to be charged in respect of proceedings therein, and generally in regard to any other matter relating thereto as the Chief Justice may consider necessary or desirable. (2) After the presentation of an election petition, every petitioner to the petition shall deposit in the court, as security for costs, such sum being not less than one thousand kwacha as the court may order, and such security shall be given within such time and in such manner and form as the Chief Justice may prescribe by rules under this section, or, in the absence of such rules, as the court may order. (3) Where, after the presentation of an election petition, no security for costs is given as required by or under this section, such petition shall be dismissed by the court and shall be struck off the list made out under section twenty-two: Provided that the court may, in respect of any election petition dismissed under this subsection, as aforesaid, make such order as to costs as it may consider just. 24. (1) A petitioner shall not withdraw an election petition without the Withdrawal of leave of the court. election petitions (2) No application for leave to withdraw an election petition shall be made until notice of intention to withdraw such election petition has been given in such manner as the Chief Justice may prescribe by rules under section twenty-three. (3) Where an election petition is presented by two or more petitioners, an application to withdraw such election petition shall not be made Rules of practice and procedure; security for costs

except with the consent of all the petitioners to the petition. (4) The court may, upon an application for leave to withdraw an election petition, make such order as to costs as it may think just. 25. (1) Upon the hearing of an application under subsection twenty-four Substitution of for leave to withdraw an election petition, any person who might have new petitioners been a petitioner in respect of the election to which that election petition relates may, notwithstanding section twenty-one, apply to the court to be substituted for the petitioner so applying to withdraw, and the court may, if it gives leave to such petitioner to withdraw, order that such person (hereinafter referred to as "the substituted petitioner") be substituted for such petitioner. (2) Subject to the other provisions of this section, the substituted petitioner shall, as nearly as may be, stand in the same position and be subject to the same liabilities under this Act as the petitioner for who he is substituted (hereafter referred to as "the original petitioner"). (3) Where the court makes an order under subsection (1) it may direct that the security for costs given by the original petitioner shall remain as security for any costs caused thereafter by the substituted petitioner upon the trial of the election petition, and may direct that, to the extent of the amount of such security, the original petitioner shall be liable to pay the costs of the substituted petitioner. (4) Unless the court gives directions as provided in sub-section (3), subsections (2) and (3) of section twenty-three shall apply to the substituted petitioner as they apply in relation to a petitioner presenting an election petition. 26. (1) If a sole petitioner or the survivor of several petitioners dies, then, subject to the other provisions of this section, no further proceedings shall be had on the election petition. (2) The death of a petitioner shall not affect his liability for the payment of costs previously incurred. (3) On the abatement of an election petition under sub-section (1), any Abatement of election petitions

person who might have been a petitioner in respect of the election to which that election petition relates may, notwithstanding section twenty-one apply to the court to be substituted as a petitioner in place of the deceased petitioner and the court may, if it thinks fit, order that such person be substituted accordingly. (4) Where the court makes an order under this section for the substitution of a person in place of a deceased petitioner such person shall, as nearly as may be, stand in the same position and be subject to the same liabilities under this Act as the deceased petitioner would have been but for his death, and subsections (2) and (3) of section twenty-three shall apply to such person as they apply in relation to a petitioner presenting an election petition. 27. (1) Subject to the other provisions of this Act, every election petition presented under this Act shall be tried and determined by the court. (2) An election petition shall be tried in open court. (3) The court may adjourn the trial of an election petition from time to time and from place to place. (4) Subject to the other provisions of this Act, the court may, in respect of the trial of an election petition, exercise such powers within its civil jurisdiction as it may deem appropriate. (5) On the trial of an election petition, a record of all evidence given orally in such trial shall be taken, and this record shall, at the conclusion of the proceedings, be delivered to the Secretary of the Commission by the Registrar. 28. (1) On the trial of an election petition, the court mayProvisions as to witnesses Trial of election petitions

(a) order any person who appears to the court to have been concerned in the election to attend as a witness at such trial; (b) examine any witness or any person who is present at such trial

although such witness or person is not called as a witness by any party to the proceedings: Provided that after such examination by the court of such witness or person, such witness or person may be cross-examined by or on behalf of the petitioner or the respondent. (2) A person who is called as a witness at the trial of an election petition shall not be excused from answering any question relating to any offence connected with an election on the ground that the answer thereto may tend to incriminate him, or on the ground of privilege: Provided that(i) a witness who answers to the satisfaction of the court every question which he is required to answer under this section, and which answers may tend to incriminate him, shall not be liable to prosecution for any offence committed by him in connection with that election and in respect of which he is so examined, and such witness shall be entitled to receive a certificate of indemnity under the hand of the Registrar stating that he is freed and discharged from liability to prosecution for that offence; (ii) an answer by a witness to a question before the court under this section shall not, except in the case of any criminal proceedings for giving false evidence in respect of such evidence, be admissible in any proceedings, civil or criminal, in evidence against him. (3) Where a person has received a certificate of indemnity under subsection (2), and any legal proceedings are at any time brought against him for any offence to which such certificate relates, the court having cognisance of the case shall, on proof of the certificate of indemnity, stay such proceedings and may award to that person such costs as he may have been put to in such proceedings. (4) All reasonable expenses incurred by any person in attending at or appearing before the court to give evidence as a witness at the trial of an election petition shall be allowed to such a person according to the scale of allowances and expenses appropriate in civil proceedings before the court.

29. (1) At the conclusion of the trial of an election petition, the court shall determine whether the respondent, any other and which person, was duly elected, or whether the election to which the election petition relates was void, and the Registrar shall, as soon as may be, submit a copy of such determination to the Commission and to the principal officer of the council to which the petition relates. (2) Where the court determines under subsection (1) that the respondent was duly elected, such election shall be and remain valid. (3) Where the court determines under subsection (1) that the respondent was not duly elected but that some other person was duly elected, such other person shall be deemed to have been elected accordingly. (4) Where the court determines under subsection (1) that the respondent was not duly elected, and that no other person was duly elected at the election concerned, the vacancy in the membership of the council in respect of which that election was held shall be deemed to continue until duly filled. (5) Where a determination under subsection (1) alters the result of an election as previously declared, it shall be the duty of the Commission to publish the result as so altered in the Gazette. (6) Where it appears to the court upon the trial of an election petition that any corrupt practice or illegal practice has been committed by any person in connection with the election to which such election petition relates, the court shall, at the conclusion of the proceedings, prepare a report stating(a) the evidence given in the proceedings in respect of such corrupt practice or illegal practice; (b) the names and particulars of any person by whom such corrupt practice or illegal practice was, in the opinion of the court, committed: Provided that the court shall not state the name of any person under this paragraph unless such person has been given an opportunity of appearing before the court and of showing cause why his name should

Conclusion of trial of election petition

not be stated. (7) The Registrar shall deliver a copy of every report prepared by the court under subsection (6) to(a) (b) the Commission; and the Director of Public Prosecutions.

30. (1) Subject to the other provisions of this section, all costs, charges Provisions as to and expenses of and incidental to the presentation and trial of an election costs petition shall be borne in such manner and in such proportions as the court may order, and in particular, any costs which in the opinion of the court have been caused by any vexations conduct or by any frivolous or vexatious allegations or objections on the part of the petitioner or of the respondent, may be ordered to be paid by the party by whom such costs have been caused. (2) Where, on the trial of an election petition, the court determines that the respondent was not duly elected and is of the opinion, having regard to the circumstances, that it would be just and reasonable to relieve any party to the election petition from all or a portion of the costs thereof, then(a) if the court finds that the election of the respondent was due to a mistake or improper performance or failure of performance of any function bona fide made by any election officer, it may, after sufficient notice to the Attorney-General to show cause to the contrary, make such order as to the payment by the State of the costs of the proceedings or a portion thereof, as it may consider proper; (b) if the court finds that the election of the respondent was due to a mistake or improper performance or failure of performance of any function mala fide made by an election officer, it may, after sufficient notice, to such officer to show cause to the contrary, make such order as to the payment by such election officer of the costs of the proceedings or a portion thereof, as it may consider proper. (3) The court may, on application made by any person to whom any costs, charges or expenses are payable under this Act, order the costs, charges or expenses to be paid out of any deposit made to secure the

costs, charges or expenses or by any surety who gave a recognisance to secure the costs, charges or expenses: Provided that notice of such application shall be given, in such manner as may be prescribed by rules under section twenty-three, to the party by or on whose behalf such deposit was made or for whom such surety gave a recognisance, requiring such party, or such surety and such party, as the case may be, to state, within such time and in such manner as may be so prescribed, whether he resists the application. (4) Where, on the trial of an election petition, any person appears to the court to have been guilty of any corrupt practice or illegal practice relating to the election which is the subject of such election petition, the court may, after giving that person an opportunity of making a statement to show why the order should not be made, order the whole or a portion of the costs of or incidental to the trial of such election petition to be paid by the said person to such person or persons as the court may determine. (5) Execution may be levied under any order for payment made by the court under this section in the same manner and to the same extent as execution may be levied under a judgement for the payment of money. (6) Money deposited as security shall, when no longer needed as security for costs, be returned to the person in whose name it is deposited or to any person entitled to receive the money by order of the court, which may be made upon motion after notice and proof that all just claims have been satisfied or otherwise sufficiently provided for as the court may require.

PART VI CORRUPT AND ILLEGAL PRACTICE AND ELECTION OFFENCES 31. Any person who, directly or indirectly, by himself or any other person(a) gives, lends, or procures, or agrees to give, lend or procure, or offers, promises, or promises to procure, any money to or for any person on behalf of any voter or to or for any other person in order to induce any Bribery

voter to vote or refrain from voting, or who corruptly does any such act as aforesaid on account of such voter having voted or refrained from voting at any election; (b) gives, lends or agrees to give or lend, or offers, or promises to procure or to endeavour to procure, any money to or for any voter or to or for any other person on behalf of any voter or to or for any other person for acting or joining in any procession or demonstration before, during or after any election; (c) makes any gift, loan, offer, promise, procurement or agreement to or for any person in order to induce such person to procure or to endeavour to procure the return of any candidate at any election or the vote of any voter at any election; (d) upon or in consequence of any gift, loan, offer, promise, procurement or agreement, procures or engages, promises, or endeavours to procure, the return of any candidate at any election or the vote of any voter at any election; (e) advances or pays, or causes to be advanced or paid, any money to or for the use of any other person, with the intent that such money or any part thereof shall be expended in bribery at any election or who knowingly pays, or causes to be paid, any money to any person in discharge or repayment of any money wholly or in part expended in bribery at any elections; (f) before or during any election receives or contracts for any money or loan for himself or for any other person for voting or agreeing to vote or for refraining agreeing to refrain from voting at any election; or (g) after any election receives any money on account of any person having voted or refrained from voting or having induced any other person to vote or refrain from voting at such election; or (h) conveys or transfers, or is concerned with the conveyance or transfer of, any property, or pays or is concerned with the payment of any money, to any person for the purpose of enabling him to be registered as a voter, thereby to influence his vote at any future election, or pays or is concerned with the payment of any money on behalf of any other voter for the purpose of inducing to vote or refrain from voting; shall be guilty of the offence of bribery. 32. Any person whoPersonation

(a) at any election applies for a ballot paper in the name of some person, living or dead, or of a fictitious person; (b) having voted once at any election, applies again at the same

election for a ballot paper; or (c) votes or induces or procures any person to vote at any election knowing that he or that person is not entitled to vote at that election; shall be guity of the offence of personation. 33. Any person who corruptly by himself or by any other person either Treating before, during or after an election, directly or indirectly gives or provides or pays wholly or in part the expenses of or gives or provides any food, drink, entertainment, lodging or provisions to, or for, any person for the purpose of corruptly influencing that person or any other person to give or refrain from giving his vote at an election shall be guilty of the offence of treating. 34 (1) Any person who directly or indirectly, by himself or by any other Undue personinfluence (a) makes use of or threatens to make use of any force, violence or restraint upon any other person; (b) inflicts or threatens to inflict by himself or by any other person, or by any supernatural or non-natural means, any temporal or spiritual injury, damage, harm or loss upon or against any person; or (c) does or threatens to do anything to the disadvantage of any person; in order to induce or compel that person(i) (ii) (iii) A. B. to sign or refrain from signing a nomination paper; to vote or refrain from voting; or to refrain from offering himself as a candidate for an election; signed or refrained from signing a nomination paper; voted or refrained from voting at any election; or

on account of that person having-

C. refrained from offering himself as a candidate; shall be guilty of the offence of undue influence.

(2) Any person who, by abducting, duress or any fraudulent device or contrivance impedes or prevents the free exercise of his vote by any voter or thereby compels, induces or prevails upon any vote at any election shall be guilty of the offence of undue influence. 35. Any person who is guilty of the offence of bribery, personation, treating or undue influence shall be 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. (As amended by Act No. 13 of 1994) 36. (1) Any person who, before or during an election, illegally publishes a false statement of the illness, death or withdrawal of a candidate at that election for the purpose of promoting or procuring the election of another candidate, knowing that statement to be false or not believing it to be true, shall be guilty of an illegal practice. (2) Any person who, before or during an election, publishes any false statement of fact in relation to the personal character or conduct of a candidate in the election, shall be guilty of an illegal practice, unless he can show that he had reasonable grounds for believing and did believe, the statement to be true. 37. Any person who forges or fraudulently destroys any nomination paper, or delivers to a returning officer any nomination paper knowing the same to be forged, shall be guilty of an illegal practice. Illegal practice in respect of nomination of candidates Illegal practice of publishing false statements in respect of candidates Penalty

38. Any person who at an election obstructs a voter either at the polling Illegal practice station or on his way thereto or therefrom shall be guilty of an illegal in respect of practice. voters 39. Any person who, at a lawful public meeting held in connection Illegal practice with the election of any person between the day of the publication of a in respect of notice appointing nomination day and the day on which the result of the public meetings election is published, acts or incites others to act in a disorderly manner for the purpose of preventing the transaction of the business which the meeting is called, shall be guilty of an illegal practice.

40. Any person who, with intent to influence persons to give or refrain Illegal practice from giving their votes at an election, uses or procures the use of any in broadcasts wireless transmitting station outside the Republic shall be guilty of an illegal practice. 41. Any person who is guilty of an illegal practice shall be 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. (As amended by Act No. 13 of 1994) 42. (1) Any person whoElection offences Penalty for illegal practices

(a) forges or counterfeits or fraudulently destroys any ballot paper of any person; (b) without due authority, supplies or causes to be supplied any ballot paper to any person; (c) without due authority, puts into any ballot box any ballot paper which is not authorised by law to put in; (d) sells or offers to sell any ballot paper to any person or purchases or offers to purchase any ballot paper from any person; (e) not being a person entitled under this Act or the regulations made thereunder to be in possession of a ballot paper, official seal or official mark, has any such ballot paper or official seal or official mark in his possession; (f) puts into any ballot box anything other than the ballot paper which he is authorised by law to put in; (g) without due authority, takes out of the polling station any ballot paper or is found in possession of any ballot paper outside a polling station; (h) without due authority, destroys, takes, opens or otherwise interferes with any ballot box or packet or ballot paper in use or intended

to be used for the purpose of an election; (i) without due authority, prints or makes any ballot paper or what purports to be or is capable of being used as a ballot paper at an election; (j) manufactures, constructs, has in his possession, supplies or uses for the purpose of any election, or causes to be manufactured, constructed, supplied or used for the purpose of any election, any appliance, device or mechanism by which a ballot paper may be extracted or manipulated after having been deposited in a ballot box in the course of polling at any polling station; (k) on any polling day, at the entrance of or within a polling station, or in any public or private place within four hundred metres from the entrance to such polling station(i) (ii) (iii) (iv) canvasses for votes; solicits the vote of any person; induces any person not to vote; or induces any person not to vote for a particular candidate;

(l) on a polling day loiters in any public place within four hundred metres from the entrance to any polling station; (m) on any polling day exhibits in any public or private place within one hundred metres from the entrance to any polling station any notice or sign, other than an official notice or sign authorised by an election officer, relating to the election; (n) not being a presiding officer, a polling assistant, a candidate or a polling agent in the course of his functions within a polling station, makes any record showing that any particular person has voted in an election; (o) without lawful authority, destroys, mutilates, defaces or removes any notice which is exhibited under the regulations made under this Act or any such regulations; (p) wilfully obstructs or interferes with an election officer in the execution of his duties; (q) makes a false answer to any question lawfully put to him by a

presiding officer or polling assistant in connection with the conduct of an election; (r) having been lawfully required or directed by an election officer to leave a polling station or its precincts fails to comply with such requirement or direction; (s) associates himself or any candidate with or uses any symbol in the course of an election unless such symbol is authorised for such purpose or use by regulations made under this Act; (t) within the period appointed for the receipt of nominations under Part IV, loiters in any public place within four hundred metres from the entrance to a nomination office; shall be guilty of an offence and shall be 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. (As amended by Act No. 13 of 1994) (2) In a prosecution for an offence in relation to nomination paper, ballot box or ballot paper, the property in such nomination paper, ballot box or ballot paper, as well as the property in the counterfoil of any ballot paper may be stated to be in the returning officer at that election. (As amended by Act No. 13 of 1994) 43. (1) Every person in attendance at a polling station shall maintain, Secrecy and aid in maintaining, the secrecy of the voting at such station and shall not communicate, except for some purpose authorised by law, to any person any information as to the name or number on the register of voters of any voter who has or who has not applied for a ballot paper or voted at such polling station, or as to the official mark or official seal at such polling station. (2) No person, except a presiding officer acting under the provisions of this Act, shall obtain or attempt to obtain in a polling station information as to the candidate for whom any person in such polling station is about to vote or has voted, or communicate at any time to any person any information obtained in a polling station as to the candidate for whom any person in such polling station is about to vote or has voted, or as to the number on the ballot Paper issued to any person at such polling station.

(3) Every person in attendance at the counting of the votes shall maintain, and aid in maintaining, the secrecy of the voting and shall not ascertain or attempt to ascertain at such counting the number on any ballot paper or communicate any information obtained at such counting as to the candidate for whom any vote is given by any particular ballot paper. (4) Any person who contravenes any of the provisions of this section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding eight hundred penalty units or to imprisonment for a team not exceeding two years, or to both. (As amended by Act No. 13 of 1994) 44. Any election officer who wilfully fails to perform the functions of Offences by election officer his office under this Act or the regulations made thereunder shall be guilty of an offence and liable on conviction to a fine not exceeding eight hundred penalty units or to imprisonment for a term not exceeding two years, or to both. (As amended by Act No. 13 of 1994) 45. (1) Every bill, placard, poster, pamphlet, circular or other printed Offences by matter having references to an election shall bear upon the face thereof printers and the name and address of the printer and the publisher thereof, and any publishers person who prints, publishes, or posts, or causes to be printed, published or posted, any such matter which fails to bear upon the face thereof such names and addresses shall be guilty of an offence. 46. Any person who attempts to commit an offence which is a corrupt practice or illegal practice or an offence against section forty-eight shall be guilty of an offence and shall, on the conviction, be liable to the punishment prescribed for the offence commission of which is attempted. Penalty for attempt to commit certain offences

PART VII MISCELLANEOUS

47.

Repealed by Act No. 17 of 1994.

48. Whenever a person has become subject to any incapacity under this When Act by reason of a conviction or by reason of any declaration or report of incapacity may any court, and any witness who gave evidence against such person upon be removed the proceeding for such conviction, declaration or report is convicted of perjury in respect of that evidence, such person may apply to the High Court which, if satisfied that the conviction, declaration or report, so far as it concerns that person, was based upon perjured evidence, may order that his incapacity shall from that time cease, and the same shall cease accordingly. 49. No person who has voted at an election shall in any proceedings, whether brought under this Act or otherwise, be required to state for whom he has voted. No person required to state how he voted

50. Upon any charge of a corrupt practice or an illegal practice, or any Evidence as to other offence against this Act, alleged to have been committed at or in holding of connection with an election, the certificate of a returning officer that the election election mentioned therein was being or had been held shall be sufficient evidence of the fact that such election was being or had been held. 51. No misnomer or any inaccurate description of any person or place Validation of in any register, list, nomination paper, notice or other document required certain for the purpose of this Act shall affect the full operation of the document documents in respect to that person or place in any case where the description of the person or place is such as to be commonly understood. 52. Notwithstanding anything to the contrary in this Act, the following Transitional provisions shall have effect in relation of election to be held in 1991, provisions in under subsection (1) of section two: respect of (a) where the Minister makes an order under the Local Government elections in Act altering the area of a council or declaring that any area shall cease to 1991 Cap. 281 be a municipality or a township or a rural area, as the case may be or altering the number of elected councillors of any council, and order made prior thereto under subsection (1) of section ten shall cease to have effect in relation to any such area or council; (b) where the Minister makes an order referred to in paragraph (a) in respect of any area or council, any order made prior thereto under

subsection (1) of section nine shall cease to have effect in relation to such area or council; (c) where the Minister makes an order referred to in paragraph (a) in respect of any area or council, the Commission shall, after such consultation with such other authority as it may consider necessary or desirable, exercise its powers under section ten in relation to such area or council in conformity with, and in such manner as may be necessary to give effect to the provisions of, the said order of the Minister; (d) where the Minister makes an order referred to in paragraph (a) in respect of any area or council, no order shall be made by the President under subsection (1) of section ten in respect of such area or council until the Commission has exercised its powers in relation to such area or council as provided in paragraph (c); (e) where the Minister makes an order referred to in paragraph (a) in respect of any area or council, the foregoing provisions shall have effect in relation to such area or council as from the date of publication of the order in the Gazette and, notwithstanding that such order is expressed to come into operation at a later date, any order made by the Commission under section nine as provided in paragraph (c) and any order made by the President under section ten as provided in paragraph (d) in relation to such area or council prior to such later date shall be considered to have effect as from the date of publication thereof in the Gazette; (f) where the Minister makes an order referred to in paragraph (a) altering the area of a council, any reference in this Act a council to all, for the purposes of this section and as from the date of publication of the order in the Gazette, be deemed to include a reference to a council as so altered; (g) where the Minister makes an order referred to in paragraph (a) declaring that any area shall cease to be a municipality or a township or a rural area, any reference in this Act to a council shall, for the purposes of this section and as from the date of publication of the order in the Gazette, be deemed not to be a reference to the council for such municipality or township or rural area, as the case may be.
SUBSIDIARY LEGISLATION

THE LOCAL GOVERNMENT ELECTIONS ACT THE LOCAL GOVERNMENT ELECTIONS REGULATIONS [ARRANGEMENT OF REGULATIONS]

PART I PRELIMINARY
Regulation 1. 2. 3. 4. 5. 6. Title Interpretation Functions of Director of Elections Election officers Form of oath or affirmation for election officers Revocation of appointments of election officer to be notified

PART II HOLDING OF ELECTIONS AND NOMINATION OF CANDIDATES
7. 8. 9. 10. 11. 12. Vacancies in council membership to be notified Application of regulation 7 Place for nomination of candidates Nomination paper Nomination paper to be accompanied by statutory declaration Election fee

13. Returning officer to provide nomination papers and advice on request 14. 15. 16. 17. 18. 19. 20. 21. Prohibition of nomination of candidate in more than one ward Withdrawal of nomination Determination of validity, and rejection, of nominations Procedure after determination of validity of nominations Inspection of nomination papers Returning officer to publish information locally Procedure if no candidate validly nominated in a ward Procedure if a candidate dies before close of poll

22. 23.

Use of symbols by candidates Allocation and registration of symbols

24. Determination of question whether candidate supported by political party 25. Election agents

PART III PROCEDURE FOR THE POLL
26. 27. 28. 29. 30. 31. Poll to be conducted by secret ballot Establishment of polling stations Polling agents Commencement and close of poll Right to vote Lost etc. voter's registration card

32. Duty of returning officer and publication of notices at polling stations 33. 34. 35. 36. 37. 38. 39. Ballot boxes, official seals and official marks Ballot papers Procedure before commencement of poll Control of persons entering polling stations Application for ballot paper Procedure for casting vote Votes to be cast without undue delay

40. Polling assistant may act during temporary absence of presiding officer 41. 42. 43. 44. 45. 46. Spoilt ballot papers Presiding officer may assist incapacited voter Voting by persons employed on election duties Restriction on communication in precincts of polling station Adjournment of poll in case of emergency Procedure after close of poll

PART IV PROCEDURE FOR THE COUNT
47. Duty of returning officer to arrange for counting of votes and notification of candidates 48. Persons who may attend counting of votes 49. Examination of seals of packets and ballot boxes received by returning officer 50. 51. 52. 53. 54. 55. 56. The Count Rejection of ballot papers Recounting of votes Equality of votes Declaration of result of poll Publication of result of poll Questions arising on decision of returning officer

57. Ballot papers to be sealed in packets after completion of counting 58. 59. Verification of ballot paper accounts Custody and destruction of election matter

PART V CORRUPT AND ILLEGAL PRACTICES AND ELECTION OFFENCES
60. 61. 62. 63. 64. Bribery Personation Treating Undue influence Corrupt practices and penalties

65. Illegal practice of publishing false statement in respect of candidates

66. 67. 68. 69. 70. 71. 72. 73. 74.

Illegal practice in respect of nomination of candidates Illegal practice in respect of voters Illegal practice in respect of public meetings Illegal practice in respect of broadcasts Penalty for illegal practices Election offences Penalty for breach of secrecy Offences by election officers Offences by printers and publishers

PART VI CANVASSING
75. 76. 77. 78. 79. 80. 81. 82. Interpretation Canvassing Contents of written statements Publication of written statements Contents of oral statements Request to public media Offences Penalties
Statutory instrument 111 of 1992, 185 of 1993 Act No. 13 of 1994

LOCAL GOVERNMENT ELECTIONS REGULATIONS SECTION 8-LOCAL GOVERNMENT ELECTIONS REGULATIONS Regulations by the Local Government Electoral Commission

PART I PRELIMINARY
1. These Regulations may be cited as the Local Government Elections Regulations. Title

Interpretation Cap. 281 "assistant returning officer" means a person appointed to assist a returning officer under paragraph (b) of sub-regulation (1) of regulation Cap. 126 Cap. 126 4; Cap. 13 "ballot box" means a ballot box provided to a presiding officer under Cap. 13 regulation 32 for the taking of a poll; Cap. 13 "ballot paper" means a document in Form LGE 4 set out in the Schedule; Cap. 13 2. (1) In these Regulations, unless the context otherwise requires"ballot paper account" means a document in Form LGE 6 set out in the Schedule; "candidate" means(a) in relation to any period before the close of the period appointed under Part IV of the Act for receiving nominations in a ward, any person intending to stand for election in that ward; and (b) in relation to any period after the close of the period appointed under IV of the Act for receiving nominations in a ward, any person validly nominated as a candidate for election in that ward; "counting assistant" means a person appointed as a counting assistant under regulation 4; "election agent" has the meaning assigned thereto in regulation 25; "election officer" means a person appointed as an election officer under section six of the Act. Local Government Elections Regulations "national registration card" means a national registration card, issued under the National Registration Act, which is not cancelled or required to be cancelled under that Act, and in relation to any person, means a national registration card in the lawful possession of such person under that Act; "national registration number" means, in relation to a national registration card, the serial number inserted on the national registration card issued under the National Registration Act; "nomination paper" means a document in Form LGE 2 set out in the Schedule; "official mark" means a mark provided to a presiding officer under regulation 32 for the taking of a poll; "official seal" means a seal provided to a presiding officer under regulation 32 for the taking of a poll; "polling agent" has the meaning assigned thereto in regulation 28; "polling assistant" means a person appointed as a polling assistant under

regulation 4; "polling day" means a day appointed under Part IV of the Act for the taking of a poll, and includes any day appointed under regulation 45; "polling district" means a polling district prescribed under the Electoral (Registration of Voters) Regulations. "polling station" means a place established as a polling station under regulation 27; "presiding officer" means a person appointed as a presiding officer under regulation 4; "registered" means(a) in relation to a person, a person registered in a register of voters under the Electoral (Registration of voters) Regulations, and (b) in relation to a symbol, means a symbol registered by the Director of Elections under regulation 23; Local Government Electors Regulations "register of voter" means a register of voter prepared and certified, and in force, under the Electoral (Registration of Voters) Regulations, and "copy", in relation to a register of voters, means a copy of such register of voters provided to a pesiding officer under regulation 32 for the taking of the poll; "returning officer" means a person appointed as a returning officer under regulation 4; "voter" means a person registered in a register of voters; "voter's registration card" means a voter' registration card issued under the Electoral (Registration of Voters) Regulations, which is not cancelled or deemed to be cancelled under the provisions of the said Regulations. (2) Where any act or thing is required or authorised to be done under these Regulations in the presence of a candidate or an election or agent or a polling agent, the non-attendance of any such person at the time and place appointed for the purpose shall not, if such act or thing is otherwise properly done, invalidate the act or thing done. 3. The Director of Elections shallFunctions of Director of Elections

(a) ensure that every election officer performs his functions under these Regulations with impartiality and in accordance with the provisions thereof;

(b) issue to any election officer such instructions as he may deem necessary to ensure compliance with the provisions of these regulations; (c) perform all the functions as are conferred or imposed on him by these Regulations. 4. (1) In respect of each council there shall beElection officers

(a) a returning officer who shall be such person as the Commission shall appoint as the returning officer for that council; and (b) such approved number of fit persons as the returning officer for that council may, by notice in writing, appoint for the purpose of assisting him in the exercise of his functions in respect of that council; and (c) such approved number of counting assistants as the returning officer for that council may, by notice in writing, appoint. (2) In respect of each ward there shall be such approved number of presiding officers and polling assistants as the returning officer for that ward may, by notice in writing, appoint. (3) Whenever(a) a returning officer appoints any person to assist him in the exercise of his functions under paragraph (b) of sub-regulation (1); (b) a returning officer appoints any person to be a counting assistant under paragraph (c) of sub-regulation (1); or (c) a returning officer appoints any person to be a presiding officer or a polling assistant under sub-regulation (2); he shall deliver a copy of the notice therein referred to, to the Director of Elections. (4) In this regulation"approved" means approved by the Director of Elections.

5. Every returning officer, assistant returning officer, counting Form of oath or assistant, presiding officer and polling assistant shall, before exercising affirmation for any of the functions conferred upon him under these Regulations or election officers under any other written law, take and subscribe an oath, or make an affirmation in lieu thereof, before a magistrate or returning officer in the appropriate form set out in form LGE 1 in the Schedule to these Regulations. 6. (1) Where the Commission revokes the appointment of a returning officer it shall publish a notice of such revocation in the Gazette. Revocation of appointments of election officers to be notified

(2) Where a returning officer revokes the appointment of an election officer appointed by him the returning officer shall give notice in writing of the revocation to the person concerned and shall deliver a copy of the notice to the Director of Elections.

PART II HOLDING OF ELECTIONS AND NOMINATION OF CANDIDATES
7. The principal officer shall upon a causal vacancy occurring in the elected membership of a council, inform the Commission in writing with a copy to the Director of Elections of the vacancy, and of the ward concerned, as soon as practicable after it occurs. Vacancies in council membership to be notified

8. Regulation 7 shall apply to any vacancy in the elected membership Application of of a council deemed to continue by virtue of subsection (4) of section regulation 7 twenty-nine of the Act, as it applies to any causal vacancy. 9. The election officer for a council in respect of which an order for the Place for

holding of an election has been made under Part IV of the Act shall nomination of publish by notice at the offices of such council and at such other places candidates as he may deem fit, the places and times for receiving nominations of candidates in that election and it shall be the duty of that election officer to attend at such places and at such times for that purpose. 10. (1) Every candidate for election in a ward shall be nominated by means of a nomination paper in Form LGE 3 in the Schedule. (2) Every nomination paper shall be countersigned with the acceptance of the candidate and shall subject to section eleven of the Act, be lodged with the returning officer appointed for the ward in respect of which the nomination is made within the period appointed for that ward. (3) Every candidate shall state in the nomination paper to be lodged by him under sub-regulation (2)(a) the name of the political party which supports his nomination; or Nomination paper

(b) if no political party supports his nomination, that he is an independent candidate; and (c) the name and address of the person, if any, appointed by him to be his election agent for for the purpose of these Regulations. the candidate shall have attained education qualification of not less than Grade 7 or its equivalent and shall produce it to the election officer at the time of lodging his nomination paper. 11. Every nomination paper lodged by a candidate under regulation 10 shall be accompanied by a statutory declaration in form LGE 3 in the Schedule to these Regulations made and subscribed by the candidate before a magistrate, declaring that the candidate is qualified for elections. Nomination paper to be accompanied by statutory declaration

12. At the time a nomination paper is lodged under regulation 10, there Election fee shall be paid a fee to the returning officer by or on behalf of the candidate concerned in the sum of forty fee units in cash. (As amended by Act No. 13 of 1994)

13. (1) The returning officer shall provide nomination papers to any person reasonably requesting the same.

Returning officer to provide nomination papers and advice on request

(2) If a candidate for election in a ward so requests, the returning officer for that ward shall examine his nomination paper before it is lodged with the returning officer and shall advise the candidate whether in his opinion the nomination paper is in order. (3) The question whether any, and if so what, advice was given under sub-regulation (2) shall not be inquired in any court. 14. No candidate shall be entitled to be nominated for election in more than one ward and, if any candidate is nominated for election in more than one ward, each and every nomination in respect of that candidate shall be invalidated. Prohibition of nomination of candidate in more than one ward Withdrawal of nomination

15. A candidate for election in a ward may withdraw his nomination paper by notice in writing signed and delivered by him to the returning officer for that ward before the close of the period appointed in respect of that ward for receiving nominations. 16. (1) The returning officer for any ward shall, at the close of the period appointed in respect of that ward for receiving nominations, determine the validity of each nomination paper lodged with him under regulation 10, and shall declare any nomination paper invalid if he is satisfied(a) that the nomination paper is not subscribed or countersigned or completed or lodged in compliance with the provisions of regulation 10; or (b) that the nomination paper is not accompanied by statutory declaration made and subscribed in compliance with the provisions of regulation 11; or

Determination of validity, and rejection, of nomination

(c) that the sum of forty fee units is not paid by the candidate concerned in compliance with the provisions of regulation 12. (2) where a returning officer determines that a nomination paper is invalid he shall reject the nomination of the candidate concerned and shall endorse on the nomination paper the reasons for his determination and shall sign the endorsement. (3) The determination of the returning officer that a nomination paper is invalid shall not be questioned except by way of an election petition presented in accordance with the provisions of the Act. (4) A returning officer shall, subject to the directions of the Commission, retain in safe custody any nomination paper lodged with him under regulation 10. (As amended by Act No. 13 of 1994) 17. (1) A returning officer shall, after he has determined the validity of the nomination papers lodged with him, inform the Commission of the names of the candidates validly nominated and of the particulars stated in respect of each candidate under paragraph (a) of sub-regulation (3) of regulation 10. (2) Where a returning officer for any ward determines that only one candidate has been validly nominated for election in that ward the returning officer shall, on the date appointed for the holding of the election, declare the candidate to be elected in that ward and shall so inform the Commission and the principal officer of the council in the area of which the ward is situated. (3) Where a returning officer for any ward determines that no candidate has been validly nominated for election in that ward the returning officer shall so inform the Commission and the principal officer of the council in the area within which the ward is situated. 18. At any reasonable time after a returning officer for a ward has made a determination in respect of any nomination paper under regulation 16, and before the day appointed for the taking of a poll in Inspection of nomination papers Procedure after determination of validity of nominations

that ward, any person registered or nominated as a candidate in such ward may inspect any nomination paper at the the office of the returning officer. 19. (1) Where two or more candidates have been validly nominated for election in a ward of a council the returning officer shall give public notice locally, at the offices of the council and at such other places as he may deem fit, that a poll shall be taken in the ward on the date appointed therefore and the notice shall set out the names of such candidates in alphabetical order of surnames, the symbol allocated to each candidate and the political party, if any, to which each candidate belongs. (2) Where only one candidate has been validly nominated for election in any ward the returning officer shall give public notice locally that a poll shall not be taken in that ward. Procedure if no candidate validly (a) in the case of an ordinary election inform the President, by notice nominated in a ward in writing, who may exercise his powers under the Act to appoint another day for receiving the nominations of candidates for election in that ward and for the taking of a poll therein; or 20. Where the Commission has been advised under regulation 17 that no candidate has been validly nominated for election in a ward, the Commission shall(b) in the case of an election arising from a casual vacancy exercise its powers under the Act to appoint another day for receiving the nominations of candidates for election in that ward and for the taking of a poll therein. 21. (1) Where, after the day appointed for receiving nominations and before the close of the poll in any ward, the Commission is satisfied that a candidate validly nominated for election in such ward has died, the Commission shall(a) in the case of an ordinary election inform the President, by notice in writing, of that fact and the President shall thereupon declare all proceedings relating to the election in such ward to be void and shall exercise his powers under the Act to appoint another day for receiving nominations in such ward and for the taking of a poll therein; or (b) in the case of an election arising from a casual vacancy, declare all proceedings relating to the election in that ward to be void and shall Procedure if a candidate dies before close of poll Returning officer to publish information locally

exercise its powers under the Act to appoint another day for receiving nominations in that ward and for the taking of a poll therein: Provided that no fresh nominations shall be necessary in the case of a candidate who was validly nominated for election in that ward at the time when the proceedings relating to the election were declared void. (2) In the case of an election in which only one candidate is validly nominated the provisions of subregulation (1) shall apply as if for the words "before the close of the poll" there were substituted for the words "before the expiry of the day appointed for the holding of an election". Use of symbols 22. (1) For the purpose of assisting persons to identify candidates during an election each candidate shall associate himself with a symbol by candidates registered under regulation 23. (2) A candidate whose nomination is supported by a political party shall use the symbol registered in respect of that party under regulation 23. (3) A candidate under sub-regulation (3) of regulation 10 to be an independent candidate shall use a symbol allocated to him and registered by the Director of Elections under regulation 23. (4) Notwithstanding regulation 23 the same symbol shall not be used by two or more candidates in the same ward. 23. (1) The Director of Elections shall keep a register of symbols for use by candidates at elections and the register shall be in such form as the Director of Elections may determine. (2) A political party cantesting an election shall apply through its secretary to the Director of Elections for registration of a symbol chosen by that party for use by candidates supported by that party at elections and, subject to sub-regulation (4) and (5), the Director of Elections shall register such symbol: Provided that a political party may apply to the Director of Elections to cancel the registration of a symbol registered in respect of such party Allocation and registration of symbols

under this regulation and for the registration of a symbol in place thereof. (3) The Director of Elections shall allocate and register, in respect of any candidate stated under subregulation (3) of regulation 10 to be an independent candidate for election in any ward, a symbol for use by each candidate in that election: Provided that the candidate may apply to the Director of Elections to cancel the registration of a symbol allocated by the Director of Elections as aforesaid and for the registration of a symbol chosen by such candidate. (4) The following shall not be registered as symbols: (a) the Armorial Ensigns or the National Flag of Zambia;

(b) any device or emblem which in the opinion of the Director of Elections, is normally associated with any tribe or religion or the regalia of a chief; (c) any symbol or part of a symbol which, under the provisions of this regulation, is currently registered in respect of any political party or candidate; (d) any symbol which is not distinctive from any other registered symbol; (e) any symbol the use of which may, in the opinion of the Director of Elections, be offensive or objectionable. (5) The Director of Elections shall not register a symbol under this regulation in respect of any political party or candidate until any other symbol registered in respect of that party or that candidate is cancelled under this Regulation. 24. If any question arises, in respect of the allocation and registration Determination of a symbol under regulation 23, as to whether the nomination of a of question candidate is supported by a political party, the question shall be referred whether

and determined by the Commission whose decision thereon shall be final:

candidate supported by political party

Provided that the Commission shall consult the leader or secretary of the political party before determining the question. 25. (1) Subject to sub-regulation (2) the election agent of a candidate shall be the person named as such in the nomination paper lodged by such candidate under regulation 10. (2) A candidate may revoke the appointment of his election agent at any time after lodging his nomination paper under regulation 10. (3) Where a candidate revokes the appointment of his election agent, or if his election agent dies, the candidate shall inform the returning officer in writing thereof and, if the candidate appoints some other person to be his election agent, he shall forthwith notify the returning officer in writing of the name and address of the person so appointed. (4) No person shall be deemed to be the election agent of a candidate unless he is appointed in accordance with this regulation. (5) Where no election agent is appointed by a candidate the candidate himself shall be deemed to be his own election agent, but may, at any time before the commencement of the poll, appoint any person to be his election agent and shall forthwith notify the returning officer in writing of the name and address of the person so appointed. Election agents

PART III PROCEDURE FOR THE POLL
26. Where a returning officer gives notice under subregulation (1) of Poll to be regulation 19 that a poll shall be taken, the poll shall be conducted by conducted by means of a secret ballot and the result shall be ascertained in accordance secret ballot

with Part IV. 27. (1) The returning officer for a council shall appoint a place at which Establishment the polling station for each polling district in such council area shall be of polling established and shall cause notice of every place so appointed to be stations published in such manner as the Director of Elections may direct. (2) With the approval of the Director of Elections the same polling station may be appointed under this regulation for two or more polling districts. 28. (1) A candidate or his election agent may appoint, in respect of each Polling agents polling station within the ward in which he is nominated, a person to be known as a polling agent. (2) Not later than seven days before the polling day appointed for the ward in which he is nominated a candidate or his election agent shall inform the returning officer for that ward, by notice in writing, of the names of the poling agents appointed under subregulation (1) and shall specify in the notice the polling stations for which the polling agents have been appointed. (3) A polling agent appointed under sub-regulation (1) may attend at the polling station for which he is appointed throughout the taking of the poll: Provided that no such polling agent may attend at a polling station unless the candidate or the election agent by whom he is appointed has complied with the provisions of sub-regulation (2). 29. The poll shall commence and, subject to regulation 45, shall close Commencement at such time as the Commission shall, by notice in the Gazette, direct: and close of poll Provided that the presiding officer shall permit every voter who at the time of closing the poll(a) is inside the polling station; (b) in his opinion is in the immediate precincts of the polling station and was prevented from entering the polling station owing to congestion

therein; to cast his vote before closing the poll. 30. (1) Subject to the provisions of sections fourteen and fifteen of the Right to vote Act a voter shall be entitled to vote in an election at the polling station appointed for the polling district in which he is registered and shall not be entitled to vote at any other polling station unless authorised to do so under regulation 43. (2) At the taking of a poll a voter shall be entitled to cast one, and only one vote and if a voter's name appears in error or for any other reason in more than one register of voters or more than once in the same register of voters he shall not be entitled to cast more than one vote. Lost, etc., 31. (1) Where a voter's registration card has been lost, destroyed, or defaced as to be illegible in any material particular, the voter in question voter's registration card shall, apply in person to the election officer in accordance with sub-regulation (2) by producing his National Registration Card for the issue of a certificate in Form LGE 10 as set out in the Schedule: Provided that no certificate shall be issued unless the election officer is satisfied that the applicant is a voter registered in a polling district for which he is responsible under section thirteen and fourteen of the Act. (2) An application for a certificate shall be made not later than four days before the date specified under regulation 19 for the taking of the poll in the elections. (3) Any voter to whom a certificate is issued under sub-regulation (1) shall deliver that certificate to the presiding officer at the time he applies for a ballot paper. 32. For the taking of a poll a returning officer shall, in respect of each Duty of polling district within a wardreturning officer and (a) ensure that in each polling station there are sufficient publication of compartments within which voters may mark their ballot papers in notices at secrecy and screened from observation; polling stations (b) provide each presiding officer with such number of ballot boxes,

ballot papers, official marks, official seals, copies of the register of voters relating to the polling district and such other things as may be necessary; (c) do such other acts and make arrangements to facilitate the taking of the poll as may be necessary for ensuring that it is taken in the manner provided in these Regulations and in accordance with any instructions issued by the Commission or the Director of Elections; (d) publish, both inside and outside each polling station, notices instructing voters as to the procedure for casting their votes and notices showing(i) the names of the candidates for election in that ward in alphabetical order of surnames; and (ii) the symbol allocated under regulation 23 in respect of each candidate for election in that ward. 33. (1) Every ballot box shall be so constructed that after it is sealed under regulation 35 the ballot papers can be placed by voters but not taken out without breaking the seals. Ballot boxes, official seals and official marks

(2) In respect of every election the official seals and official marks shall be in such form as the Director of Elections may determine. 34. (1) Every ballot paper shall be in Form LGE 4 set out in the Schedule and, in respect of any ward shall show(a) the names of the candidates for election in the alphabetical order of surnames; (b) the symbol allocated under regulation 23 in respect of each candidate for election in that ward. (2) Every ballot paper shall be attached to a counterfoil bearing the same serial number as that printed on the ballot paper. 35. (1) Immediately before the commencement of the poll the presiding Procedure officer at each polling station shall show every box, open and empty, to before Ballot papers

any person whose presence for that purpose is permitted under commencement regulation 36 so that such person may see that it is empty, and shall then of poll lock and seal with the official seal every such ballot box, and shall permit any candidate, election agent or polling agent who may be present to affix their seals thereto, and such seal or seals shall not be broken until the ballot box is opened in accordance with the provisions of these Regulations. (2) The presiding officer at each polling station shall place the key to every ballot box in a packet marked "A" as soon as the ballot box has been locked in accordance with sub-regulation (1), and shall then seal the packet with the official seal, and shall permit any candidate, election agent or polling agent who may be present to affix their seals thereto, and the seal or seals shall not be broken except for the purpose of opening the ballot box under the provisions of these Regulations. (3) The presiding officer at each polling station shall place every ballot box locked and sealed under subregulation (1) in such a position in the polling station that it can be seen throughout the taking of the poll by the presiding officer and by the candidate, election agent or polling agent who may be present at the polling station. (4) The presiding officer at each polling station shall ensure that there is available throughout the taking of the poll in each compartment provided under paragraph (a) of regulation 32 a suitable pencil or pen for the use of every voter when marking his ballot paper. 36. (1) The presiding officer at each polling station shall keep order in Control of the polling station and in its precincts and shall regulate the number of persons voters to be admitted at a time to the polling station. entering polling stations (2) The presiding officer at each polling station may require any person, other than(a) a member or the Secretary of the Commission and members of its staff authorised in that behalf; (b) the Director of Elections;

(c) the returning officer or assistant returning officer for the council area in which the polling station is situated; (d) the returning officer or assistant returning officer for the council area in which the polling station is situated; (e) the candidates for election in the ward in which the polling station is situated; (f) the election agents of the candidate;

(g) the polling agent appointed under regulation 28 by each such candidate in respect of the polling station; (h) a police officer on duty;

(i) any person authorised in writing by the Director of Elections to enter and remain in the polling station; to leave the polling station and its precincts: Provided that any of the persons described in paragraphs (a) to (i) may be required by the presiding officer to leave the polling station and its precincts if, in the opinion of the presiding officer, that person is causing a disturbance which is likely to interfere with the taking of the poll. (3) Every candidate, election agent, polling agent or person authorised in writing by the Director of Elections to enter and remain in a polling station shall, before attending at the taking of a poll in any polling station in a ward, take and subscribe an oath or make affirmation in lieu thereof, in the form prescribed in regulation 5 and, for that purpose, the returning officer for the ward shall have the power to administer the oath. (4) The powers conferred by this regulation shall not be exercised so as to prevent any voter who is otherwise entitled to vote at a polling station from having an opportunity of voting at the polling station. 37. (1) Every person applying for a ballot paper shallApplication for ballot paper

(a) present himself at the polling station appointed under regulation 27 for the polling district in which he is registered; and (b) produce his voter's registration card to the presiding officer or polling assistant at the polling station; and (c) identify himself by producing the national egistration card bearing the national registration number recorded on his voter's registration card; and (d) if so required by the presiding officer or polling assistant, present both his hands for inspection by the officer; and no person shall be issued with a ballot paper unless he complies with the requirements set out in paragraphs (a) to (d). (2) A presiding officer or polling assistant at a polling station may put to any applicant for a ballot paper such questions as he may consider necessary to enable him to identify the applicant with a name on the copy of the register of voters at the polling station. (3) No applicant for a ballot paper shall be issued with a ballot paper or permitted to vote at a polling station unless the presiding officer or polling assistant for the polling station is satisfied(a) that the applicant is registered in the polling district for which the polling station is appointed; and (b) that the applicant has produced the voter's registration card issued to him in respect of such registration; and (c) that the applicant has properly identified himself under paragraph (c) of sub-regulation (1); and (d) that the applicant has not previously voted in the election in respect of which he is applying for a ballot paper. 38. If a presiding officer or polling assistant at a polling station is satisfied under regulation 37 that an applicant is entitled to be issued Procedure for casting vote

with a ballot paper, and to vote, the following procedure shall subject to the provisions of regulation 42, be followed: (a) the voter shall, prior to receiving a ballot paper, immerse a thumb up to at least the whole exposed nail in ink provided by the presiding officer or polling assistant. Provided that(i) in the case of a voter without any thumb such voter shall immerse a finger up to at least the whole of the exposed nail; (ii) in the case of a voter without any thumb of fingers, this paragraph shall not apply; and (h) before issuing a ballot paper to the voter the presiding officer or polling assistant shall(i) call out the number and name of the voter as recorded in the copy of the register of voters at the polling station; (ii) draw a line through the number and name of the voter in the copy of the register of voters as evidence that the voter has received a ballot paper; (iii) stamp the ballot paper with the official mark;

(iv) enter on the counterfoil of the ballot paper the number of the voter as recorded in the copy of the register of voters; and (v) stamp the voter's registration card produced by the voter under regulation 37 with the official mark; and (c) the presiding officer or polling assistant shall then detach the ballot paper from its counterfoil and deliver it to the voter; and (d) the voter, on receiving the ballot paper, shall enter one of the compartments provided under regulation 32 in the polling station and signify the candidate for whom he wishes to vote by secretly marking the ballot paper with a cross opposite the name of such candidate, and shall then fold the ballot paper in such a way that the official mark stamped thereon is visible and the mark signifying his vote is not visible; and (e) the voter shall then leave the compartment and shall, in the presence of the presiding officer or polling assistant, place the folded ballot paper in the ballot box provided in the polling station for that

purpose. 39. (1) A voter shall vote without undue delay and shall leave the Votes to be cast polling station as soon as he has placed his ballot paper in the ballot box. without undue delay (2) Where the presiding officer is of the opinion that any person present in the compartment has delayed unduly therein and that the delay may hinder the adequate or orderly conduct of the poll he may require that person to complete the procedure set out in paragraph (d) of regulation 38 within a period of two minutes immediately thereafter. (3) On or after the expiry of the period of two minutes referred to in sub-regulation (2) the presiding officer may direct the person concerned to place the ballot paper issued to that person in the ballot box and to leave the polling station and its precincts and not to return thereto during the period of the poll. 40. At any polling station the presiding officer may, during a temporary absence from the polling station, delegate his powers, subject to the directions of the Director of Elections, to a polling assistant and, during the period of the delegation, the polling assistant shall have and may exercise the powers of the presiding officer. Polling assistant may act during temporary absence of presiding officer

41. Where a voter inadvertently deals with a ballot paper in such Spoilt ballot manner that it cannot be used as a valid ballot paper, he shall deliver the paper ballot paper (hereinafter referred to as a "spoilt ballot paper") to the presiding officer and if the presiding officer is satisfied that the ballot paper has been spoilt inadvertently he shall issue another ballot paper to the voter and shall cancel the spoilt ballot paper and the counterfoil to which it relates 42. (1) A presiding officer, a relative or a friend may, upon application Presiding by and with the consent ofofficer may assist incapacitated voter

(a) a voter who is incapacitated by blindness or other physical cause from voting in accordance with the procedure prescribed by regulation 37; or (b) a voter who declares orally that he is unable to read or otherwise asks for the assistance of the presiding officer; enter a compartment with the voter in order to assist him to cast his vote pursuant to paragraph (d) of regulation 38 and, subject to the said provisions, shall mark the ballot paper issued to the voter opposite the name of the candidate as the voter may signify and shall, with the assent of the voter, place the ballot paper in the ballot box on behalf of the voter. (2) The relative or friend referred to in paragraph (1) shall be a registered voter in that polling district and shall not be a person who has already assisted another voter in that election. (3) A presiding officer acting under this regulation shall record in the copy of the register of voters, by means of a mark placed between the number and the name of the voter concerned that he or relative or friend of a voter has marked the ballot paper as aforesaid on the application of the voter and the reasons for doing so. 43. (1) Notwithstanding regulation 37, where a voter registered in any ward is employed as a returning officer, presiding officer, polling assistant, police officer or in any other official capacity at a polling station within the ward other than the polling station appointed for the polling district in which he is registered as a voter, the returning officer shall authorise the voter by a certificate under his hand in Form LGE 5 set out in the Schedule, to vote at the polling station at which he is so employed. (2) Any voter to whom a certificate is issued under sub-regulation (1) shall deliver the certificate to the presiding officer when he applies for a ballot paper. 44. No person, other than a presiding officer, polling assistant, police officer or person on duty in an official capacity at a polling station, shall have any communication whatsoever with a voter while the voter is in the precincts of a polling station for the purpose of voting. Restriction on communication in precincts of polling station Voting by persons employed on election duties

45. (1) Notwithstanding the terms of any Order made under Part IV of Adjournment of the Act a presiding officer may in his discretion postpone until later in poll in case of the day and, if necessary, adjourn to some other day, the proceedings at emergency his polling station where they are interrupted by riot, open violence, flood, natural catastrophe or other similar cause but where he does so he shall start or restart the proceedings at the earliest practicable moment. (2) A presiding officer may in his discretion extend the hours or adjourn the day of polling at his polling station where polling has been interrupted by any of the causes described in sub-regulation (1) and references in these Regulations to the close of the poll shall be construed accordingly. (3) If a poll is adjourned under this regulation at any polling station the hours of polling on the day to which it is adjourned shall be the same as for the original and references in these Regulations to the closing of the poll shall be construed accordingly. (4) Where a presiding officer postpones or adjourns the poll under this regulation he shall take such precautions as are necessary to safeguard the ballot boxes, ballot papers and other election requisites and shall forthwith notify the returning officer of such postponement or such adjournment, as the case may be. (5) Where a returning officer is notified under subregulation (4) of the postponement or adjournment of a poll he shall forthwith notify the Director of Elections of such postponement or such adjournment, as the case may be. 46. (1) As soon as practicable after the closing of the poll the presiding Procedure after officer at a polling station, in the presence of the candidates or election close of poll agents or polling agents present at the polling station, shall(a) close and seal with the official seal the aperture of every ballot box used for the poll and permit any candidate or election agent or polling agent to affix his seal thereto; and (b) place in separate packets, which shall be sealed with the official seal and with the seals of the candidates or election agents or polling

agents, if any, who wish to affix their seals thereto, the following items in the following manner: (i) in a packet marked "B" the unused ballot papers which shall remain attached to their counterfoils and the spoilt ballot papers; (ii) in a packet marked "C" the copy of the register of voters marked in accordance with regulations 38 and 42 together with the certificates delivered to the presiding officer under regulation 43; (iii) in a packet marked "D" the counterfoils of the used ballot papers including the counterfoils of any spoilt ballot papers; (iv) in a packet marked "E" the ballot paper account completed under paragraph (b); (v) in a packet marked "F" the official mark and the official seal:

Provided that such packet shall not be sealed but shall be securely fastened. (c) complete the ballot paper account in respect of the poll which shall be in Form LGE 6 set out in the Schedule hereto; and (2) The presiding officer shall, in accordance with the directions which may be issued by the Director of Elections, despatch each packet sealed in accordance with sub-regulation (2) of regulation 35 and of this regulation, together with the ballot boxes sealed in accordance with this regulation, in safe custody to the returning officer for the ward in respect of which the poll was conducted.

PART IV PROCEDURE FOR THE COUNT
47. (1) The returning officer for each ward in which a poll is taken shall arrange for the counting of the votes to take place as soon as practicable after the close of the poll and shall, so far as circumstances permit, proceed continuously with the counting, allowing only a reasonable time for refreshment, until the count is completed. Duty of returning officer to arrange for counting of votes and notification of candidates

(2) The returning officer for each ward in which a poll is taken shall give notice in writing to each candidate for election in the ward, prior to the day appointed for the taking of the poll, of the time and place at which he will count the votes cast in the election. 48. (1) At the counting of the votes cast in an election in any ward no person other thanPerson who may attend counting of votes

(a) a member or the Secretary of the Commission and members of its staff authorised in that behalf; (b) the Director of Elections;

(c) the returning officer and any assistant returning officer for the ward; (d) (e) (f) (g) (h) (i) the counting assistants appointed by the returning officer; the candidates for election in the ward; the election agents appointed by the candidates; one polling agent in respect of each candidate; a police officer on duty; any person authorised in writing by the Director of Elections;

may attend. (2) Every person authorised to attend the counting of the votes in any ward other than a member or the Secretary of the Commission or a police office on duty shall, unless he has taken the oath or made an affirmation under regulation 5 or regulation 36 before so attending take and subscribe an oath, or make an affirmation in lieu thereof, in the form prescribed in regulation 5, an1 for that purpose the returning officer for the ward shall have power to administer the oath.

49. (1) The returning officer for a ward in which a poll has been taken shall take into his custody and issue a receipt for, all packets and ballot boxes delivered to him in accordance with sub-regulation (2) of regulation 46

Examination of seals of packets and ballot boxes received by returning officer

(2) When the returning officer for a ward in which a poll has been taken is satisfied that he has received all the packets and ballot boxes in respect of all the polling stations in the ward he shall at the time and place notified under sub-regulation (2) of regulation 47 for the counting of the votes, examine the seals of all the packets and ballot boxes and shall permit the candidates, election agents and polling agents present to examine the seals. (3) The returning officer shall submit to the Director of Elections a written report of the result of the examination carried out under sub-regulation (2) if the examination reveals that the seals of any packet or ballot box are broken 50. The returning officer for a ward in which a poll has been taken shall, with the aid of the counting assistants for the ward, count all the votes cast in the election in the ward according to the following procedure: (a) the returning officer shall open each ballot box and after removing all the ballot papers therefrom, shall count and record the total number of ballot papers contained in each ballot box without reference to the manner in which the ballot papers are marked; (b) subject to the provisions of regulation 51, the returning officer shall then count and record the total number of valid ballot papers in respect of each candidate; (c) the returning officer shall ensure, while counting the ballot papers, the counting assistants keep the side of each ballot paper on which the vote is recorded upward and shall take all precautions for preventing any person present at the count from seeing the number printed on each ballot paper. 51. (1) The returning officer shall, subject to to sub-regulation (2), reject as invalid, and shall not count, any ballot paperRejection of ballot papers The count

(a) which does not bear the official mark, unless the returning officer is satisfied that such omission was a bona fide error; or (b) on which votes are cast for more than one candidate: or

(c) on which anything is written or marked by which the voter can be identified; other than the number printed on the ballot paper; or (d) which is unmarked or invalid for uncertainty.

(2) A ballot paper on which the vote is marked(a) (b) (c) elsewhere than in the proper place; or otherwise than by means of a cross; or by more than one mark;

shall not by reason thereof be invalid if an intention that the vote shall be for one or other of the candidates clearly appears, and the way the paper is marked does not of itself identify the voter and it is not shown that he can be identified thereby. (3) The returning officer shall stamp the word "rejected" on any ballot paper which under this regulation is not to be counted, and shall add "rejection objected to" if any objection to the returning officer's decision is made by a candidate, his election agent or his polling agent present at the count. (4) The returning officer shall draw up a statement in the Form LGE 7 set out in the Schedule showing the number of ballot papers rejected under the several heads of(a) (b) (c) want of official mark; voting for more than one candidate; writing or mark by which the voter could be identified;

(d)

unmarked or invalid for uncertainty:

and any candidate, his election agent or polling agent present may copy the statement. 52. (1) A candidate, his election agent or polling agent may, if present Recounting of when the counting or any recounting of the votes is completed, require votes the returning officer to have the votes recounted or again recounted, or the returning officer may, on his own initiate, have the votes recounted or again recounted. Provided that the returning officer may refuse the request if, in his opinion, it is unreasonable. (2) No step shall be taken by the returning officer on the completion of the counting or of any recounting of the votes until the candidates, election agents and polling agents present at the completion thereof have been given a reasonable opportunity to exercise the right conferred by this regulation. 53. (1) Where an equality of votes is found to exist between any candidate and the addition of one vote would entitle any one of the candidates to be declared elected, the returning officer shall make a recount of the votes. (2) If there is again an equality of votes as a result of the recount, the returning officer shall forthwith decide between those candidates by lot in such manner as the Commissioner may determine and shall proceed as if the candidate on whom the lot falls had received an additional vote. 54. When the counting of the votes has been completed and the result Declaration of of the poll ascertained the returning officer shallresult of poll (a) complete in triplicate a declaration of the result of the poll as in Form LGE 8 set out in the Schedule; (b) declare to be elected the candidate to whom the majority of votes has been given by reading aloud, at the place where the counting was conducted, the completed form; (c) cause to be delivered to the Commission without delay the original of the completed form; and Equality of votes

(d) cause to be delivered to the principal officer of of the council to which the candidate has been elected a copy of the completed form. 55. The returning officer for a council shall cause to be conspicuously Publication of displayed, at or near the offices of such council, for a period of not less result of poll than fourteen days after the date of the declaration of the result of an election, a notice stating(a) (b) (c) the full names of the person declared elected; the ward in which the person was elected; and the date on which the person was declared elected. Questions arising on decision of returning officer Ballot papers to be sealed in packets after completion of counting

56. The decision of a returning officer on any question arising in respect of any ballot paper or as to the declaration of the result of the poll shall not be questioned except by an election petition presented under the provisions of the Act.

57. On the completion of the counting of the votes cast in an election in any ward in which a poll is taken, the returning officer for the ward shall seal up in separate marked packets the ballot papers counted in respect of each candidate in the election and shall place the rejected ballot papers in a single marked packet.

58. (1) In respect of an election in a ward in which a poll is taken, the Verification of ballot paper returning officer for the ward shall give notice in writing to the candidates in the elections of the time and place at which the verification accounts of the ballot paper accounts completed under regulation 46 in that ward will take place and at the time and place and in the presence of such candidates and their election agents as may be present, he shall produce for their inspection the packets marked "B" and "E" respectively and delivered to him under regulation 46 and, in respect of each polling district in such ward shall open the packet marked "B" containing the unused ballot papers together with their counterfoils and the spoilt ballot papers and the packet marked "E" with their respective contents. (2) The returning officer shall then prepare and deliver to the Director of Elections a report on the verification of the ballot paper accounts in Form LGE 9 set out in the Schedule and shall permit the candidates to make a copy thereof.

59. (1) Upon the completion of the verification of the ballot paper accounts under regulation 58 the returning officer shall retain in safe custody(a) in respect of each polling district, the packet marked "B" containing the unused ballot papers together with their counterfoils and the spoilt ballot papers; (b) in respect of each polling district, the packet marked "C" containing the copy of the register of voters and the certificate placed therein under regulation 46; (c) the packets containing the ballot papers counted in respect of each of the candidates and sealed under regulation 57; and (d) the packet containing the rejected ballot papers and sealed under regulation 57; (e) the packet marked "D" containing the counterfoils of the used and the spoilt ballot papers, delivered to the returning officer under regulation 46; and (f) the packet marked "E", containing the ballot paper account;

Custody and destruction of election matter

and shall forthwith deliver to the Director of Elections, in respect of each polling district, the packet marked "F", containing the official seal and the official mark, delivered to the returning officer under regulation 46. (2) The returning officer shall retain the packets set out in sub regulation (1) in respect of any election for a period of thirty days after the day on which the result of the election was declared and, with the consent of the Commission, shall then cause them to be destroyed by burning in the presence of a magistrate: Provided that where the Commission has been informed under sub-section (5) of section twenty-one of the Act that an election petition has been presented in respect of the election the packets shall not be destroyed until such time as the trial of the election petition has been finally determined.

PART V CORRUPT AND ILLEGAL PRACTICES AND ELECTION OFFENCES
60. (1) Any person who, directly or indirectly, by himself or by any other person(a) gives, lends or procures, or agrees to give, lend or procure, or offers, promises, or promises to procure, any money to or for any person on behalf of any voter or to or for any other person in order to induce any voter to vote or refrain from voting or who corruptly does any such act as aforesaid on account of such voter having voted or refrained from voting at any election; (b) gives, lends, or agrees to give or lend, or offers, or promises to procure or to endeavour to procure, any money to or for any voter or to or for any other person on behalf of any voter or to or for any other person for acting or joining in any procession or demonstration before, during or after any election; (c) makes any gift, loan, offer, promises, procurement or agreement to or for any person in order to induce that person to produce or to endeavour to procure the return of any candidate at any election or the vote of any voter at any election; (d) upon or in consequence of any gift, loan, offer, promise, procurement or agreement, procures or engages, promises, endeavours to procure, the return of any candidate at any election or the vote of any voter at any election; (e) advances or pays or causes to be advanced or paid any money to or for the use of any other person with the intent that the money or any part thereof shall be expended in bribery at any election, or who knowingly pays or causes to be paid any money to any person in discharge or repayment of any money wholly or in part expended in bribery at any election; Bribery

(f) before or during any election receives or contracts for any money or loan for himself or for any other person for voting or agreeing to vote or for refraining or agreeing to refrain from voting at any election; (g) after any election receives any money on account of any person having voted or refrained from voting or having induced any other person to vote or retrain from voting at any election; or (h) conveys or transfers or is concerned with the conveyance or transfer of any property, or pays or is concerned with the payment of any money, to any person for the purpose of enabling him to be registered as a voter, thereby to influence his vote at any future election, or pays or is concerned with the payment of any money on behalf of any voter for the purpose of inducing him to vote or refrain from voting; shall be guilty of the offence of bribery. (2) Nothing in this regulation shall be construed as applying to any money paid or agreed to be paid for or on account of any expenditure bona fide and lawfully incurred in respect of the conduct or management of an election. 61. Any person whoPersonation

(a) at any election applies for a ballot paper in the name of some other person, living or dead, or of a fictious person; or (b) having voted once at any election, applies again at the same election for a ballot paper; or (c) votes or induces or procures any person to vote at any election knowing that he or that person is not entitled to vote at that election; shall be guilty of the offence of personation. 62. Any person who corruptly by himself or by any other person either Treating before, during or after an election, directly or indirectly, gives or provides or pays wholly or in part the expenses of giving or providing any food, drink, entertainment, lodging or provisions to or for any person for the purpose of corruptly influencing that person or any other person to give or refrain from giving his vote at an election shall be guilty of the offence of treating.

63. (1) Any person who directly or indirectly, himself or by any other person(a) makes use of or threatens to make use of any force, violence or restraint upon any other person; or (b) inflicts or threatens to inflict by himself or any other person, or by any supernatural or non-natural means or pretended supernatural or non-natural means, any temporal or spiritual injury, damage, harm or loss upon or against any person; or (c) does or threatens to do anything to the disadvantage of any person; in order to induce or compel that person(i) to sign a nomination paper or refrain from signing a nomination paper; or (ii) (iii) (A) (B) (C) to vote or refrain from voting; or to refrain from offering himself as a candidate for election; signed or refrained from signing a nomination paper; or voted or refrained from voting at any election; or refrained from offering himself as a candidate;

Undue influence

or on account of that person having-

shall be guilty of the offence of undue influence. (2) Any person who, by abduction, duress or any fraudulent device or contrivance, impedes or prevents the free exercise of the vote of any voter or thereby compels, induces or prevails upon any voter either to give or to refrain from giving his vote at any election, shall be guilty of the offence of undue influence. Corrupt 64. Any person who is guilty of the offence of bribery personation, treating or undue influence shall be guilty of a corrupt practice and shall practices and be liable on conviction to a fine not exceeding eight hundred penalty penalties units or to imprisonment for a period not exceeding two years or to both. (As amended by Act No. 13 of 1994) 65. (1) Any person who, before or during an election, publishes a false Illegal practice

statement of the illness, death or withdrawal of a candidate at that election for the purpose of promoting or procuring the election of another candidate, knowing that statement to be false or not believing it to be true, shall be guilty of an illegal practice. (2) Any person who, before or during an election, publishes a false statement of fact in relation to the personal character or conduct of a candidate in that election, shall be guilty of an illegal practice, unless he can show that he had reasonable grounds for believing, and did believe, the statement to be true.

of publishing false statements in respect of candidates

66. (1) Any person who forges or fraudulently destroys any nomination Illegal practice paper, or delivers to a returning officer any nomination paper knowing in respect of nomination of the same to be forged, shall be guilty of an illegal practice. candidates. (2) Any person who knowingly makes a false statement in a statutory declaration made and subscribed under regulation 11 shall be guilty of an illegal practice. (3) Any person who wilfully prevents or attempts to prevent any other person from complying with any of the provisions of regulation 10, 11, 12, 13 or 15 shall be guilty of an illegal practice. 67. Any person who at an election obstructs a voter either at the polling Illegal practice station or on his way thereto or therefrom shall be guilty of an illegal in respect of practice. voters 68. Any person who, at a lawful public meeting held in connection Illegal practice with the election of any person between the day of the publication of a in respect of notice appointing nomination day and the day on which the result of the public meetings election is published, acts or incites others to act in a disorderly manner for the purpose of preventing the transaction of the business for which the meeting is called shall be guilty of an illegal practice. 69. Any person who, with intent to influence persons to give or refrain Illegal practice from giving their votes at an election, uses or procures the use of any in respect of wireless transmitting station outside the Republic shall be guilty of an broadcasts illegal practice.

70. Any person who is guilty of an illegal practice shall be liable on conviction to a fine not exceeding eight hundred penalty units or to imprisonment for a period not exceeding two years or both. (As amended by Act No. 13 of 1994) 71. (1) Any person who-

Penalty for illegal practice

Election offences

(a) forges or counterfeits or fraudulently defaces or fraudulently destroys any ballot paper or the official mark on any ballot paper; (b) without due authority, supplies or causes to be supplied any ballot paper to any person; (c) without due authority, puts into any ballot box any ballot paper which he is not authorised by law to put in; (d) sells or offers to sell any ballot paper to any person or purchases or offers to purchase any ballot paper from any person; (e) not being a person entitled under these Regulations to be in possession of a ballot paper, official seal or official mark has any such ballot paper or official mark in his possession; (f) puts into any ballot box anything other than the ballot paper which he is authorised by law to put in; (g) without due authority, takes out of the polling station any ballot paper or is found in possession of any ballot paper outside a polling station; (h) without due authority, destroys, takes, opens or otherwise interfers with any ballot box or packet of ballot papers in use or intended to be used for the purpose of an election; (i) without due authority, prints of makes any ballot paper or what purports to be or is capable of being used as a ballot paper at an election; (j) manufactures, constructs, has in his possession, supplies or uses

for the purpose of an election, or causes to be manufactured, constructed, supplied or used for the purposes of any election any appliance, device or mechanism by which a ballot paper may be extracted or manipulated after having been desposited in a ballot box in the course of polling at any polling station; (k) on any polling day, at the entrance to or within a polling station, or in any public place or in any private place within the entrance to the polling station(i) (ii) (iii) (iv) canvasses for votes; solicits the vote of any person; induces any person not to vote; or induces any person not to vote for a particular candidate;

(l) on any polling day loiters in any public place within the entrance to any polling station; (m) on any polling day exhibits in any public or private place within the entrance to any polling station any notice or sign, other than an official notice or sign authorised by any officer under the provisions of these Regulations, relating to the election; (n) not being a presiding officer, a polling assistant, a candidate, an election agent or a polling agent in the course of his functions within a polling station makes any record showing that any particular person has voted in an election; (o) without lawful authority, destroys, mutilates, defaces or removes any notice which is exibited under these Regulations, or any document made available for inspection under these Regulations; (p) wilfully obstructs or interferes with an election officer in the execution of his duties. (q) makes a false answer to any question put to him by a presiding officer or a polling assistant under sub-regulation (2) of regulation 37. (r) in contravention of regulation 44 has any communication with a voter while the voter is in the precincts of a polling station for the purpose of voting;

(s) having been required under sub-regulation (2) of regulation 36 or directed under sub-regulation (3) of regulation 39 to leave a polling station, fails to leave the polling station or the precincts thereof; (t) associates himself or any candidate with, or uses, any symbol in the course of an election unless the use of such symbol is authosied under regulation 23; shall be guilty of an offence and shall be 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) Any person who attempts to commit an offence against this regulation shall be liable to the punishment prescribed for that offence. (3) In a prosecution for an offence in relation to a nomination paper, ballot box or ballot paper, the property in the nomination paper, ballot box or ballot paper as well as the property in the counterfoil or any ballot paper, may be stated to be in the returning officer at that election. (As amended by Act No. 13 of 1994) 72. (1) Every person in attendance at a polling station shall maintain, Penalty for and aid in maintaining, the secrecy of the voting at the station and shall breach of not communicate except for some purpose authorised by law, to any secrecy person any information as to the name or number on the register of voters of any voter who has or has not applied for a ballot paper or voted at the polling station, or as to the official mark of official seal at the polling station. (2) No person, except a presiding officer acting under regulation 42, shall obtain or attempt to obtain in a polling station information as to the candidate for whom any person in the polling station is about to vote or has voted or communicate at any time to any person any information obtained in a polling station as to the candidate for whom any person in the polling station is about to vote or has voted, or as to the number on the ballot paper issued to any person at the pollingstation. (3) Every person in attendance at the counting of the votes shall maintain, and aid in maintaining, the secrecy of the voting and shall not ascertain or attempt to ascertain at the counting the number on any ballot paper or communicate any information obtained at the counting relating

to the candidate for whom any vote is given by any particular ballot paper. (4) Any person who contravenes any of the provisions of this regulation shall be guilty of an offence and shall be liable on conviction to a fine not exceeding eight hundred penalty units or to imprisonment for a term not exceeding two years or to both. (As amended by Act No. 13 of 1994) 73. Any election officer who wilfully fails to perform the functions of Offences by election officers his office under these Regulations shall be guilty of an offence and liable on conviction to a fine not exceeding eight hundred penalty units or to imprisonment for a term not exceeding two years or to both. (As amended by Act No. 13 of 1994) Offences by 74. (1) Every bill, placard, poster, paphlet, circular or other printed printers and matter having reference to an election shall bear upon the face thereof publishers the name and address of the printer and the publisher thereof, and any person who prints, publishes or posts, or causes to print, publish or post any such matter which fails to bear upon the face thereof such names and addresses shall be guilty of an offence. (2) The proprietor and publisher of every newspaper shall cause the word "advertisement" to be printed as a headline to each article or paragraph appearing in his newspaper containing electoral matter, the insertion of which is or is to be paid for and any proprietor or publisher who fails to comply with this provisions shall be guilty of an offence. (3) For the purposes of this regulation(a) any process for producing copies of a document other than by copying it by hand shall be deemed to be printing and the expression "printer" shall be construed accordingly; and (b) "electoral matter" shall be deemed to include all matters which, on the face of them are intended or calculated to affect the result of an election. (4) Any person who is guilty of an offence against this regulation shall

be liable on conviction to a fine not exceeding four hundred penalty units. (As amended by Act No. 13 of 1994)

PART VI CANVASSING
75. In this part(a) "public media" means any newspaper, publication or broadcasting service which is owned or controlled by or on behalf of the State; (b) "written statement" shall include a bill, a placard, poster, paphlet or any other printed matter relating to elections under the Act. 76. Public canvassing for, or of, votes in favour of any candidate nominated for the local government elections under section ten of the Act shall take place only in accordance with the provisions of this part. Canvassing Interpretation

77. Any written statement intended for publication to the public Contents of relating to the elections under the Act for the purpose of canvassing for written votes in favour of any candidate nominated for such elections and being statements a statement not issued by or on behalf of the Commission shall(a) bear names and addresses of the authors, printers and publishers and shall otherwise conform with the requirements of regulation 74; (b) be in the form of a statement for encouraging the voters to elect the candidate, whose party's policies are of benefit to the development of the Council; (c) be confined to discussing or arguing the case for, or against, one policy or the other as a means for development of the Council and shall not contain defamatory imputations against any individual person or against the personal character of any individual; (d) not be seditious or inflamatory or against any written law and shall not in any way be calculated to incite hatred, public disorder, breachers of the peace and violence.

78. (1) Written statement may be published by or on behalf of any candidate canvassing for votes in the elections under the Act by-

Publication of written statements

(a)

distributing copies to the public;

(b) being read out for broadcasting over the Zambia National Broadcasting Corporation radio and television networks; (c) 74; (d) (e) being advertised in the local press in conformity with regulation

being read out at a public meeting; and any other lawful method.

(2) Any person who publishes any written statement to the elections under the Act in contravention of regulation 77 shall be guilty of an offence. 79. (1) An oral statement made to the public relating to elections under Contents of oral the Act for the purpose of canvassing for votes in the election and not statements being made by or on behalf of the Commission shall(a) be in the form of a statement for encouraging the voters to elect the candidate, whose party's policies are of benefit to the development of the Council; (b) be confined to discussion or arguing the case for, or against, one policy or the other as a means for development of the Council and shall not contain defamatory imputations, against any individual person or against the personal character of any individual; and (c) not be seditious or inflamatory or against any written law and shall not in any way be calculated to incite hatred, public disorder, breaches of the peace and violence. (2) An oral statement, as specified in sub-regulation (1), may be made only at a public meeting arranged and supervised by or on behalf of the

Commission at which the speakers shall be persons who have previously indicated in writing to the Commission their wish to address a public meeting and have indicated the party they support. Provided that(a) separate meetings shall be arranged for persons speaking on behalf of the party they support; and (b) the Commission shall ensure that an equal number of meetings for contesting parties unless no person has come forward to indicate a wish to speak on behalf of any party. (3) The Commission or an officer authorised in that behalf shall publicise the time and venue of each public meeting indicating the party the speakers will support. (4) The Commission or an officer authorised in that behalf shall notify, in advance, the officer commanding or the officer-in-charge of police in the locality of any meeting and the officer commanding or the officer-in-charge of police shall cause the attendance of an adequate number of police officers to ensure the maintenance of law and order and compliance with the provisions of this Part. (5) A public meeting held or proposed to be held under this Part may be discontinued or disallowed only by the Commission or any officer authorised in that behalf if satisfied, and on the advice of the officer commanding or officer-in-charge of police in attendance, that the meeting cannot continue or take place by reason of riot, open violence or other similar cause but, where a meeting has been discontinued or disallowed, another meeting shall be convened in its stead at the earliest paracticable opportunity. 80. The Commission may request any person in charge of the public media, in the case of a newspaper, to allot space, and in the case of broadcasting services, to allot time for the purpose of enabling any party, at its own cost, to canvass in accordance with this Part: Provided that the Commission may arrange for some broadcasts at its own cost to be alloted equally to all contesting parties. Request to public media

81. (1) Any person authorised under this part to perform any of the Offences functions of the Commission who wilfully fails to perform the functions of his office under this part shall be guilty of an offence. (2) Any police officer who wilfully fails to perform the functions of his office under this Part shall be guilty of an offence. (3) Any person in charge of the public media who, having received a request from the Commission under regulation 80, wilfully obstructs or prevents the publication of an oral or written statement by any party lawfully canvassing for re-elections under the Act in accordance with this Part shall be guilty of an offence. (4) Any person who, at a lawful public meeting held in connection with elections under the Act, prior to the holding of such elections, acts or incites others to act, in a disorderly manner for the purpose of preventing the transaction of the business for which the meeting is called, shall be guilty of an offence. (5) Any person who directly or indirectly, by himself or by any other person does or threatens to do anything to the disadvantage of any person(a) in order to induce or compel that person to canvass or refrain from canvassing or on account of that person having canvassed or refrained from canvassing in connection with the elections under the Act; or (b) in order to induce or compel that person to attend or refrain from attending a public meeting or on account of that person having attended or refrained from attending a public meeting held in connection with the election under the Act; shall be guilty of an offence. (6) Any person who, by abduction, duress or any fraudulent device or contrivance, impedes or prevents the free exercise of the right of any person to canvass under this Part, or thereby compels, induces or prevails upon any person either to canvas or to refrain from canvassing

for elections under the Act shall be guilty of an offence. 82. (1) Any person guilty of an offence under this Part shall be liable on Penalties conviction to a fine not exceeding eight hundred penalty units or imprisonment for a period not exceeding two years or to both. (2) Any person who attempts to commit an offence against this Part shall be liable to the punishment prescribed for that offence. (As amended by Act No. 13 of 1994)

SCHEDULE

FORM LGE 1
REPUBLIC OF ZAMBIA ________________ THE LOCAL GOVERNMENT ELECTIONS REGULATIONS OATH OR AFFIRMATION ________________

(Regulation 5, 36 and 48)

I,

..................................................having been

appointed as ................................................for the

....................................ward(s) of the........................................................................ Council, swear/solemnly and sincerely affirm that*(a) I will carry out the duties required of me as a result of my appointment impartially and to the best of my ability without fear or favour to any person or persons; and (b) I will not directly or indirectly reveal to any person any matter that may come to my knowledge or notice as a result of my appointment unless so authorised by law.

Signed ............................................................

Name/Affirmed before me this......................................................................day of ............

....................................................................., 19............ Signed ............................................................

Sworn/Affirmed before me this.....................................................................day of ............

....................................................................., 19............ Signed ............................................................

Name IN BLOCK LETTERS

..........................................

Magistrate/Returning Officer *in case of candidate, election agent or polling agent delete paragraph (a).

FORM LGE 2
REPUBLIC OF ZAMBIA The Local Government Elections Regulations (Regulations 2 and 10) NOMINATION PAPER To: The Returning Officer, ...................Ward.....................................Council, .....................................

We, the undersigned voters in the above-named ward do hereby nominateFirst Names (in Block Capitals) Surname (in Block Capitals) .................................... Residential Address ........................................ ............................................................. Postal address ....................................... .......................................................... to stand as a candidate for election in the .........................Ward of the..........................................................Council
Full name in block capitals

Polling district in which registered as a voter

Number of voter' registration card

Signature or thumbprint*

Proposed by Seconded by Supported by Supported by Supported by Supported by Supported by Supported by Supported by Supported by *To be placed on this form in the presence of the Returning Officer. And I, the said (full name in Block Capitals) hereby declare.......................

(a) (b)

that I accept the nomination;

that my nomination is supported by the (name of political party) ........................................./that I am an independent candidate;* (c) that my political symbol is (d) of address to be my Election Agent. In accordance with regulation 11 I have completed below a statutory declaration in respect of my nomination as a candidate. Date..................................................................... ...................................................................................... Signature of Candidate Signed by all parties in my presence and received by me at (time) ................................on the......................................................day .......................... ....................... that I have appointed (full name)

of.......................................................19........... ...................................................................................... Signatire of Returning Officer

*Delete whichever is not applicable NOTES 1. Candidates are advised to acquaint themselves with the provisions of regulations 10 to 25 before completing this Nomination Paper. 2. When this Nomination Paper is lodged it must be accompanied by the sum of five hundred kwacha in cash as a deposit. 3. The statutory declaration, on Form LGE 3 below, must be completed by the candidate himself before a Magistrate. (As amended by S.I. No 185 of 1993)

FORM LGE 3
STATUTORY DECLARATION OF A PERSON NOMINATED AS A CANDIDATE (Regulation 11) I ..................................................do solemnly and sincerely declare that(1) I am a citizen of Zambia; (2) I have attained the age of twenty-one (21) years; (3) I am resident in the area of the council to which I seek election. (4) I am not disqualified for election as a councillor under section 17 of the Local Government Elections Act. I make this solemn declared conscientiously believing the same to be true. Signed.................................................................... Subscribed and solemnly declared before me this day of.............................................., 19.......... Signed.................................................................... Name in block letters............... Magistrate........................................................................................ PENALTY FOR GIVING FALSE INFORMATION By virtue of the Local Government Elections Regulations, the penalty for making a false statement is imprisonment for a period not exceeding two years or a fine not exceeding four hundred penalty units or both. (As amended by S.I. No 185 of 1993 and Act No. 13 of 1994) .........

F

ORM LGE 4

REPUBLIC OF ZAMBIA _______________ THE LOCAL GOVERNMENT ELECTIONS REGULATIONS _______________ FORM OF BALLOT PAPER (Regulations 2 and 34)
FRONT Series No.

Series ___________________________ No. Official Mark: Republic of Zambia Local Government Elections, 19....... ___________________________ ............................. ........... Ward .............................. ...... Council Number of voter in Register of Voters................ ..... BACK Ward Council INSTRUCTIONS Party Symbol

Name of Candidate

Mark X in this column

FORM LGE 5
REPUBLIC OF ZAMBIA THE LOCAL GOVERNMENT ELECTIONS REGULATIONS CERTIFICATE OF AUTHORITY TO VOTE AT A POLLING STATION FOR PERSONS EMPLOYED ON ELECTION DUTIES (Regulation 43) To: Presiding Officer ..................................Polling ...................

Station..................................................................Ward

................................................................................................Council In accordance with regulation 43 authority is hereby given for the person specified below to cast his vote at the above polling station: (i) (ii) (iii) Full name of voter as shown in Register of Voters Election duties ................................... Name of polling district in which registered ................... ...................

(iv) Number of voter in Register of Voters ....................... (v) National Registration Number of Voter ......................

Date.........................................., 19.......... ....................................................................... Returning Officer INSTRUCTIONS 1. This certificate may only be issued to a person who is unable to vote at the polling station appointed for the polling district within the ward in which he is registered due to the fact that he is employed in an official capacity on election duties at some other polling station within the same ward. 2. In addition to this certificate the Voter's Registration Card (Form RV2) and National Registration Card must be produced to the presiding Officer when application is made for a

ballot paper. 3. On the issue of a ballot paper to the voter this certificate must be surrendered to the presiding officer who must attach it to his marked copy of the Register of Voters. I hereby certify that this is a correct statement of all ballot papers supplied to me. Date............................................, 19........ ...................................................................................... Signture of Presiding Officer In every case the total in Column 5 must equal the total in column 1. If these totals do not agree it is the responsibility of the Presiding Officer to trace and correct the error before signing this form.

FORM LGE 6
REPUBLIC OF ZAMBIA _____________ THE LOCAL GOVERNMENT ELECTIONS REGULATIONS BALLOT PAPER ACCOUNT _____________ (Regulations 2 and 4) Polling Station.............................Ward............................................................. Council .................................Date of Poll........................................, 19.......
To be completed by Returning Officer on issue of ballot papers

Ballot papers supplied Ballot paper numbered(a) ................to
(b) ................to (c) ................to (d) ................to (e) ................to (f) ................to (g) ................to (h) ................to (i) ................to (j) ................to (k) ................to (l) ................to (m) ...............to (n) ................to (o) ................to (p) ................to (q) ................to (r) ................to (s) ................to (t) ................to ......inc. ......inc. ......inc. ......inc. ......inc. ......inc. ......inc. ......inc. ......inc. ......inc. ......inc. ......inc. ......inc. ......inc. ......inc. ......inc. ......inc. ......inc. ......inc. ......inc.

Total number supplied (1)

To be completed by Presiding Officer at close of the Poll Number Total of used Columns excluding Number Number 2-4 spoilt of spoilt of unused (This must ballot ballot ballot equal papers papers papers Column 1) (2) (3) (4) (5)

TOTALS

INSTRUCTIONS 1. This certificate may only be issued to a voter whose name and National Registration Number as shown on his National Registration Card agree with the details shown in the register of voters for the polling district in which he claims he was registered. 2. This certificate may not be issued later than four days before the date appointed for the taking of the Poll in a Local Government Elections. 3. In addition to this certificate the National Registration Card must be produced to the presiding officer when application is made for a ballot paper. 4. On the issue of a ballot paper to the voter this certificate must be surrendered to the presiding officer.

FORM LGE 7
REPUBLIC OF ZAMBIA ______________ THE LOCAL GOVERNMENT ELECTIONS REGULATIONS ______________ STATEMENT OF REJECTED BALLOT PAPERS (Regulation 51)

......................... Ward

............................................................ Council

Date of Poll

..............................., 19............

1. 2. 4.

No official mark Votes shown for more than one candidate Unmarked or invalid due to uncertainty

........................... ................... ......................

3. Voter identified by mark

Reason for rejection by Returning Officer

1. 2.

No official mark ........................... Votes shown for more than one candidate ...................

.................... ................... ................... ...................

3. Voter identified by mark ......................
4. Unmarked or invalid due to uncertainty

I hereby certify that this is a correct statement of the ballot papers rejected as invalid by me.

Date..................................., 19....... ........................................................................................ Signature of Returning Officer INSTRUCTIONS 1. To be completed by the Returning Officer at the conclusion of the count and before announcing the result. 2. The rejected ballot papers must be placed together in a marked envelope which must be sealed by the Returning Officer.

FORM LGE 8
REPUBLIC OF ZAMBIA THE LOCAL GOVERNMENT ELECTIONS REGULATIONS (Regulation 54) DECLARATION OF THE RESULT OF THE POLL I, (full name of Returning Officer) ............................. being the Returning officer for the ............... Ward, do hereby declare that I have, in accordance with the law, ascertained the result of the Poll in the said Ward and that there have been given to: (1) ............................................................ (2) ............................................................ (3) ............................................................ (4) ............................................................ (5) ............................................................ and I therefore declare the said ...................................... ................ Votes ....................................... ............... Votes ..................................... ................. Votes ................................... ................... Votes ................................... ................... Votes

.....................to be this

day duly elected as a member of the ....................Council for the................................................................................................Ward. I further declare that a total of rejected by me as invalid. Date ................................. Full name in BLOCK CAPITALS ........................ ...............ballot papers have been Signed .............................................

INSTRUCTIONS 1. This form must be completed in triplicate by the Returning Officer and to declare the result of the Poll the text of the original must be read out aloud in public at the place where the counting of the votes takes place. 2. The full names of the candidates should be inserted in the spaces marked (1), (2), (3) and (4), the successful candidate's name being inserted at (1). 3. The original of this form must be delivered to the Local Government Electoral Commission, with a copy to the principal officer of the council to which the candidate has been elected, by the quickest possible means. A further copy must be retained by the Returning Officer. (As amended by S.I. no 185 of 1993)

FORM LGE 9
REPUBLIC OF ZAMBIA THE LOCAL GOVERNMENT ELECTIONS REGULATIONS (Regulation 58) REPORT ON VERIFICATION OF BALLOT PAPER ACCOUNTS To: Director of Elections P.O. Box 50274 Lusaka I, the undersigned, being the Returning Officer for the ............. Ward ............Council, hereby report that I have in accordance with Regulation 58 of the above Regulations, verified the ballot paper accounts received from the Presiding Officer of every Polling Station in the Ward by comparing them with the number of ballot papers contained in each ballot box and the total number of unused and spoilt ballot papers delivered to me by such Presiding Officer. The result of such verification is as follows: 1. Total number of ballot papers issued by me to Presiding Officers........................................................

Details obtained from Ballot Paper Accounts 2. Number used excluding spoilt ballot.............. 3. Number of spoilt 4. Number of unused ballot papers

Details obtained from physical check by Returning Officer 5. Total number of ballot papers contained in all boxes
6. Total number of spoilt ballot papers papers on hand

7. Total number of unused ballot papers returned by Presiding Officers TOTAL

TOTAL

Date.............................................................................................. .......................................................................................................................... Signature of Returning Officer

INSTRUCTIONS 1. This verification of the ballot paper account shall take place at a time and place notified by the Returning Officer to the candidates and in the presence of such candidates and elections agents as may wish to attend. 2. The totals to be entered at 1, 2, 3, and 4 above are obtained by adding the totals of all columns 1, 2, 3, and 4 respectively shown on the ballot paper accounts submitted by the Presiding Officer. 3. The totals to be entered at 6 and 7 above are those obtained by the Returning Officer at the verification of ballot paper accounts. 4. Explanation of any discrepancies must be made by the Returning Officer on the back of this form. (As amended by S.I. no 185 of 1993)

FORM LGE 10
REPUBLIC OF ZAMBIA _____________ THE LOCAL GOVERNMENT ELECTIONS REGULATIONS (Regulation 31) _____________ CERTIFICATE OF AUTHORITY TO VOTE AT POLLING STATION To: Presiding Officer .................Polling Station................................. .................................... .............................................................Ward The person specified below has applied under regulation 30 (1) for a certificate of registration as a voter and I am satisfied that such person is registered as a voter in accordance with the details shown.
VOTER'S ROLL NO. POLLING DISTRICT

SURNAME

OTHER NAME(s) (First name in full other names initials only)

RESIDENTIAL ADDRESS (Not. P.O. Box No.)

NATIONAL REGISTRATION NUMBER

Date.........................................................., 19.......

................................................ Electoral Officer

Made by the Local Government Electoral Commission at Lusaka this 31st day of July, 1992. HON. E. J. SHAMWAMA, SC, Chairman

P. M. NYAMBE (MS), Member M. SIKATANA, Member

SECTION 21 AND 23-THE LOCAL GOVERNMENT ELECTORAL PETITION RULES

Statutory Instrument 184 of 1993 Act No. 13 of 1994

Rules by the Acting Chief Justice 1. These Rules may be cited as the Local Government Electoral Petition Rules. 2. An election petition shall be in the form set in the First Schedule. 3. (1) The petition shall be in paragraphs confined to a particular subject matter. (2) Each paragraph shall be numbered consecutively. 4. The petition shallContents of petition Title

Form of petition Petition to be in paragraphs

(a) state the person presenting the petition as prescribed in section nineteen of the Act; (b) (c) (d) (i) (ii) state the result of the election; state the facts and ground relied on to sustain the prayer; and conclude with a prayer thatthe election should be declared void; or the specified person should be declared duly elected.

5. (1) No evidence shall be stated in the petition. (2) The court may order(a) such particulars as may be necessary to prevent surprise and unnecessary expense and to ensure a fair trial in the same manner as in ordinary proceedings before a Court; and

Evidence

(b)

costs. Service of petition

6. (1) The petitioner shall serve or cause to be served a copy of the petition on the respondent. (2) The service under sub-rule (1) shall be by personal service. (3) The Registrar may with or without application make an order to substitute the service under sub-rule (1) with service by registered letter, addressed to the respondent at the postal address declared in his nomination paper, or by publication in a newspaper circulating in Zambia.

Addresses 7. (1) The petitioner shall, when presenting, the petition give to the Registrar an address within the city of Lusaka at which notices and other proceedings addressed to him may be lodged. (2) If the address in sub-rule (1) is not given, the notice may be given by posting the notice on the notice board in the High Court Registry. (3) The notice referred to in-rule (1) shall be given not later than seven days after service of the petition. 8. (1) The Registrar shall, as soon as practicable, after receiving a petition place, the petition before a Judge. (2) The Judge shall determine the amount of security for costs to be paid by the petitioner. (3) The costs referred to in sub-rule (2) shall not be less than one thousand kwacha, as specified in sub-section (2) of section twenty-three of the Act. (4) The Judge shall direct whether such security for costs shall be made in cash or by recognizance with or without sureties or shared by the Security for costs

parties. (5) To make his directive under sub-rule (4) the Judge may hear the petition in chambers. (6) The Registrar shall notify the petitioner(a) (b) on the amount of the costs determined by the Judge; and on the manner in which the costs shall be paid.

(7) The petitioner shall pay the costs not later than seven days of such notification. (8) A person who acts as a recognizance, shall prepare an affidavit stating that he owns real or personal property to satisfy the debt amounting to the value of the sum for which he is bound by his recognizance. (9) The affidavit shall be lodged with the Registrar. 9. (1) The time and place of hearing of an election petition shall be determined by a Judge. (2) The Registrar shall give seven days notice to the petitioner and the respondent before the day appointed for the trial. 10. (1) A notice of intention to withdraw an election petition shall be lodged with the Registrar. Notice of intention to withdraw petition Time and place of hearing

(2) The notice shall(a) be in writing, signed by the petitioner, or by all the petitioners if they are more than one;

(b)

state the name and address of the petitioner and respondent; and

(c) state the intention of the petitioner to apply to Court to withdraw the election petition. (3) A copy of the notice to withdraw the petition shall be served on the respondent and another copy shall be published in a newspaper in circulation in Zambia. 11. (1) The notice of application to withdraw a petition shall be in Notice of writing and signed by the petitioner, or by all the petitioners if there are application to withdraw more than one. petition (2) The notice shall state the grounds on which the application is intended to be supported. 12. A copy of the notice of application to withdraw the petition shall be Procedure on withdrawal of served on the respondent and another copy published in a newspaper circulating in Zambia. petition 13. (1) The notice of the date of hearing of an application to withdraw a Date of hearing petition shall be given to the petitioner and the respondent by the Registrar. (2) The notice of the date of hearing of an application to withdraw a petition shall be published in at least one newspaper circulating in Zambia. (3) The notice of the date of hearing of an application to withdraw a petition shall state that any person who has an interest in the hearing may apply to the Court to be substituted as the petitioner. (4) An application by any person who has an interest referred to in sub-rule (3) shall be supported by an affidavit stating that the applicant is qualified to be a petitioner under section nineteen of the Act.

14.

The court may make an order for costs as it may deem necessary.

Costs Payment of costs

15. (1) A person served with a notice under rule (4) may pay the costs out of the deposit lodged with the Court not later than seven days from the date of such service whether or not he resists such application. (2) Such notice shall be in writing, signed by the applicant, and addressed to the party by or on whose behalf such deposit was made, or for whom such surety gave a recognizance. (3) The service of the notice in sub-rule (1) shall be in the same manner as the service in rule 6.

16. (1) The court may postpone the beginning of the trial of an election Postponement petition or an application to withdraw a petition. of trial (2) In postponement date shall be published in a newspaper circulating in Zambia at least seven days before the new date of trial. (3) A trial of an election petition may be adjourned from time to time. 17. The fees set out in the Second Schedule shall be paid in respect of Prescribed fees the matters set out therein.

FIRST SCHEDULE
(Rule 2)

ELECTION PETITION
ELECTION FOR (here state Ward) HELD ON THE DAY OF The Petition of whose names are subscribed. 1. Your petitioner is-

(insert which of the following is appropriate) (a) a person who lawfully voted; (b) a person who lawfully had a right to vote; (c) a person who had a right to be nominated as a candidate at the aforesaid election; (d) a person who has a right to be elected as a Councillor at the aforesaid election; (e) a person who was a candidate at the aforesaid election; (f) the Attorney-General. 2. And your petitioner/s state/s that the election was held on the day of when were candidates and the returning officer has returned as being duly elected. 3. And your petitioner/s say/s that (here state the facts and grounds on which the petitioner/s relies/rely/ WHEREOF your petitioner/s pray/s that it may be determined that the said was not duly elected or returned and that the election was void (or that the said was duly elected or ought to have been returned). Signed..................................................... ................................................................ and

SECOND SCHEDULE
(Rule 16)

PRESCRIBED FEES
Fee units On presenting a petition On presenting an application to withdraw a petition On application to be substituted as a petitioner On entering a recognizance for security for costs (As amended by Act No. 13 of 1994) CHAPTER 283 THE TOWN AND COUNTRY PLANNING ACT 50 4 25 5

ARRANGEMENT OF SECTIONS

PART I PRELIMINARY Section 1. 2. 3. 4. 5. Short title Interpretation Application Disagreement between Republic and planning authority Appointment of planning authorities

PART II TOWN AND COUNTRY PLANNING TRIBUNAL 6. 7. 8. Establishment of Tribunal Constitution of Tribunal Appointment of vice-president

9. Remuneration of president, vice-president, members and advisers 10. 11. 12. 13. 14. Record of proceedings Appeals to Tribunal Witnesses and evidence Protection of president, vice-president, members and advisers Regulations

PART III DEVELOPMENT PLANS 15. 16. 17. 18. Order for preparation of development plans Preparation of development plans Approval of development plans Revocation or modification of approved development plans

PART IV PROCEDURE FOR THE PREPARATION AND SUBMISSION OF DEVELOPMENT PLANS AND THEIR MODIFICATION AND EXTENSION Section 19. Preparation and submission of development plans and objection thereto 20. 21. Consideration of approval by the Minister Notice of approval or rejection by the Minister

PART V PERMISSION REQUIRED FOR DEVELOPMENT AND SUBDIVISION OF LAND 22. 23. 24. 25. Permission required for development and subdivision Development or subdivision orders Delegation to planning authorities Application for planning permission

26. Additional powers of Minister to give directions to any planning authority 27. 28. 29. Supplementary provisions re grant of planning permission Supplementary provisions re grant of permission to subdivide Additional provisions for appeal to Tribunal

30. Revocation and modification of planning permission by the Minister 31. Enforcement of planning control 32. Supplementary provisions as to enforcement including penalties 33. Repealed operation of enforcement notices

PART VI COMPENSATION FOR REFUSAL OR CONDITIONAL GRANT OF PLANNING PERMISSION 34. 35. Definition of "planning decision" Compensation for planning decision

36. 37. 38. 39.

No compensation payable in certain cases No compensation if other development permitted Exclusion and limitation of compensation in certain other cases General provisions as to claims for compensation

PART VII ACQUISITION OF LAND Section 40. 41. 42. 43. Acquisition of land Owner may require acquisition of reserved land Disposal of land Assessment of valuation

PART VIII REGIONAL PLANS 44. 45. 46. 47. 48. Preparation of regional plan Appointment of regional planning authority Approval of regional plan Revocation or modification of approved regional plan Application to Customary Areas and townships

PART IX GENERAL 49. 50. 51. 52. 53. 54. 55. Power to hold or cause the holding of public inquiries Service of notices Right of entry Additional consent required Regulations Savings Acts, orders and conditions given or imposed under former Act

FIRST SCHEDULE-Planning authorities with delegated powers and

responsibilities on the appointed day SECOND SCHEDULE-Matters for which provision may be made in a development plan THIRD SCHEDULE-Matters which may be included in permission to subdivide
CHAPTER 283 TOWN AND COUNTRY PLANNING An Act to make provision for the appointment of planning authorities, for the establishment of a Town and Country Planning Tribunal, for the preparation, approval and revocation of development plans, for the control of development and subdivision of land, for the assessment and payment of compensation in respect of planning decisions, for the preparation, approval and revocation or modification of regional plans; and for matters connected with and incidental to the foregoing. [16th November, 1962]
32 of 25 of 28 of 16 of 28 of 69 of 46 of 47 of 53 of 1970 21 of 1997 Government 232 of 1964 Statutory Instrument 65 of 1965 Acts No 13 of 1994 29 of 1995 1961 1962 1964 1965 1965 1965 1969 1970 Notice

PART I PRELIMINARY 1. (1) This Act may be cited as the Town and Country Planning (Amendment) Act, 1997, and shall be read as one with the Town and Country Planning Act, in this referred to as the principal Act. (2) This Act shall come into operation on such a date as the Minister may, by ststutory instrument, appoint. 2. In this Act, unless the context otherwise requires"advertisement" means any word, letter, model, sign, placard, board, notice, device or representation, whether illuminated or not, in the nature of and employed wholly or in part for the purpose of advertisement or announcement and, without prejudice to the foregoing Interpretation
Short title and commencement Cap. 283

definition, includes any hoarding or similar structure used or adapted for use for the display of advertisement, and references to the display of advertisements shall be construed accordingly; "agriculture" means the use of land exclusively or mainly for agriculture, whether as arable, pasture, ranching, grazing, orchard or seed growing, or for fish farming, forestry or for the breeding and keeping of livestock including any creature kept for the production of food, wool, silk, skins or fur, and includes buildings necessary therefor and uses ancillary thereto; "appointed day" means the 16th November, 1962; "approved development plan" means a development plan and any amendment or modification thereof approved by the Minister under section seventeen; "building" includes any structure or erection and any part of a building so defined, but does not include plant or machinery comprised in a building; "building line" means a line specifying the minimum distance between the boundary of a stand, lot, plot or road, and any building or proposed building on the stand, lot or plot; "class", in relation to development, means the group of land or building uses to which the development is deemed to belong by virtue of any regulation made under section fifty-three; "Customary Area" has the meaning assigned thereto by section two of the Lands Act; "development" has the meaning assigned to it by section twenty-two and "develop" has a corresponding meaning; "development order" has the meaning assigned thereto by section twenty-three; "Director" means the Director of Physical Planning and Housing who is a public officer in charge of town and country plaaning; "Environmental Council of Zambia" means the Cap. 184

Environmenatal Council of Zambia established under section three of the Environmental Protection and Pollution Control Act;

Cap. 204

"erection", in relation to buildings, includes extension, alteration and re-erection; "former Act" means the Town Planning Act, Chapter 123 of the 1959 Edition of the Laws, section eighty of the Municipal Corporations Act, Chapter 119 of the 1962 Edition of the Laws, and section twenty-seven A of the Townships Act, Chapter 120 of the 1962 Edition of the Laws, as the case may be; "functions" includes power and duties; "Government purpose" means a purpose of the Government of Zambia; "highway authority" means a highway authority as defined in the Roads Cap. 464 and Road Traffic Act; "holding" means any area of land which is shown as a farm, stand, lot or Cap. 188 plot on a general plan or other plan approved under the Land Survey Act, and includes any building erected thereon; "land" includes any building erected thereon; and also includes land covered by water and any right in or over land, excepting mineral rights; "local authority" means a City Council, a municipal council, township council or district council as defined in the Local Government Act; "local plan" means the plan prepared by a planning authority under the direction of the Director in accordance with section sixteen A; "mining" means any operation lawfully carried out under the provisions Cap. 213 of the Mines and Minerals Act; "Natural Resources Board" means the Natural Resources Advisory Board established under the provisions of section three of the Natural Resources Conservation Act; "owner" means(a) the person registered as the proprietor of any land except where Cap. 281

that person has leased or subleased the land to another person for a period of fourteen years or more; (b) the person in whom the lease of any land is vested under a registered deed except where that person has subleased the land to another person for a period of fourteen years or more; (c) the lessee of State Land held under a lease expressed to be for a period of fourteen years or more; (d) the lessee of land held under any other lease expressed to be for a period of fourteen years or more; and (e) the allottee of land held under a provisional title and in process of alienation by the President; and includes the liquidator of any company which is an owner as aforesaid, and the representative recognised by law of any owner as aforesaid who has died, become insolvent, assigned his estate for the benefit of his creditors, or is under any legal disability; "planning authority" means the local or other authority appointed by or under the provisions of section five and shall, for the purposes of Parts V and VI, include the Environmental Council of Zambia; "prescribed" means prescribed by regulation made under the provisions of this Act; "public notice" means a notice published once in the Gazette and either in each of two consecutive issues of a newspaper circulating in the area to which the notice relates or in such other manner as the Minister may direct; "public purpose" has the meaning assigned thereto in the Public Lands Acquisition Act; "structure plan" means the plan prepared by a planning authority under the direction of the Minister in accordance with section sixteen; and "statutory undertaker" means Zambia Railways, and any body responsible under any written law for the supply of water or electricity within Zambia, and *any other body which the Minister may be Cap. 189

statutory notice specify; * Any highway authority and any body responsible under any written law for the construction or maintenance of bridges, sewers or sewage disposal works, water courses or drainage works within Zambia, and any railway company as defined in the Regulation of Railways Act, Chapter 755 of the Revised Edition, specified by G.N. No. 358 of 1962. "subdivision" has the meaning assigned to it by section twenty-two and "subdivide" has a corresponding meaning; "subdivision order" has the meaning assigned thereto by section twenty-three; "township authority" means a township council; "Tribunal" means the Town and Country Planning Tribunal established under the provisions of section six. (As amended by No. 69 of 1965, S.I. No. 65 of 1965, No. 53 of 1970 and No. 21 of 1997) *Any highway authority and any body responsible under any written law for the construction or maintenance of bridges, sewers or sewage disposal works, water courses or drainage works within Zambia, and any railway company as defined in the Regulation of Railways Act, Chapter 755 of the Revised Edition, specified by G.N. No. 358 of 1962. 3. (1) Subject to the provisions of section four and save where otherwise expressly provided to the contrary, the Republic shall not be bound by the provisions of this Act. (2) The provisions of this Act, other than those contained in Part VIII, shall not apply to customary areas as defined in the Lands Act: Provided that the President may by statutory order apply all or any of the said provisions to any customary area. (3) (Repealed by No. 47 of 1970) Application

Cap. 184

(4) Notwithstanding the provisions of any other law, this Act shall apply in all matters relating to land zoning and development. (5) The provisions of this Act, other than those contained in Part VIII, shall not apply to the area of any mine township. (As amended by No. 28 of 1964, S.I. No. 65 of 1965, No. 46 of 1969, No. 47 of 1970 and No. 21 of 1997)

Cap. 213

4. (1) In any area which is subject to an approved structure plan or local Disagreement plan, the Republic shall not carry out any development or subdivision of between land without prior consultation with the planning authority for that area. Republic and planning authority (2) Where, after consultation as provided in subsection (1), the Republic and the planning authority are not in agreement concerning the carrying out of any development or subdivision of land, the planning authority may, within twenty-eight days of the completion of the said consultation, make written submissions to the Minister against the proposed development or subdivision of land. (3) As soon as may be after the receipt of the aforesaid written submissions, the Minister shall refer them, together with any written submissions on behalf of the Republic, to the Tribunal. (4) The Tribunal shall consider the written submissions referred to it and shall give the Minister its opinion concerning the proposed development or subdivision of land. (5) The Tribunal may, for the purpose of giving its opinion, call on the Republic or the planning authority to provide it with such information as it may deem necessary for the purpose of reaching an opinion. (6) As soon as may be after the Tribunal has given its opinion to him, the Minister shall notify the planning authority of his decision in relation to the written submissions made to him.

(7) In reaching his decision the Minister shall not be bound by the opinion of the Tribunal: Provided that, where the Minister does not accept the opinion of the Tribunal, he shall notify the planning authority accordingly and shall advise the planning authority as to his reason for not accepting the opinion of the Tribunal. (8) The decision of the Minister on any written submissions made to him shall be final and shall not be challenged in any proceedings whatsoever. (No. 28 of 1964 as amended by S.I. No. 65 of 1965 amended by Act No. 21 1997) 5. (1) The Minister shall designate the Director as the strategic planning authority to(a) exercise such other functions as the Minister may delegate to the Director under section twenty-four; or (b) exercise such other functions as may be prescribed by the Minister; (2) The local authorities set out in the First Schedule are hereby appointed as the planning authorities for the respective areas described in that Schedule. (3) The Minister may, from time to time by statutory notice, appoint a planning authority for both or either of the following purposes and may specify the constitution of any such planning authority: (a) to prepare a structure plan or local plan ordered under the provisions of section fifteen; (b) to exercise such functions as may be delegated to it under the provisions of section twenty-four. (4) The Minister may, by statutory notice, change the constitution in whole or in part of any planning authority appointed under the provisions of subsection (2): Appointment of planning authorities

Provided that no change shall be made before the expiry of twenty-eight days' notice of the proposed change has been given by the Minister to the planning authority having jurisdiction at the time of such notice, and such planning authority may within such period of twenty-eight days request an inquiry under the provisions of section forty-nine, in which case no change shall be made until the inquiry has been held, and its decision, which shall be binding on the Minister, made known by public notice. (5) The Minister may prescribe the procedure to be followed by the planning authorities appointed under the provisions of subsection (2). (As amended by No. 25 of 1962 and No. 21 of 1997)

PART II TOWN AND COUNTRY PLANNING TRIBUNAL 6. There is hereby established a Tribunal to be known as the Town and Establishment Country Planning Tribunal which shall have the jurisdiction, power and of Tribunal authority conferred upon it by this Act and by any regulation made hereunder. 7. (1) The Judicial Service Commission shall appoint a president of the Constitution of Tribunal who shall hold office for such period and subject to such Tribunal conditions as may be agreed. (2) The president of the Tribunal shall be a barrister or solicitor entitled to practise in Zambia, or a person who holds or has held judicial office. (3) The Tribunal shall consist of the president or the vice-president of the Tribunal and such other members, not less than two in number, as may be appointed by the Judicial Service Commission from time to time to sit with the president or the vice-president as members of the Tribunal for the determination of any matter before the Tribunal: Provided that one of the members of the Tribunal so appointed shall be a

Chartered Planner of the Town Planning Institute of the United Kingdom or hold such similar qualification as the Minister may approve. (4) If the president or the vice-president of the Tribunal considers that any matter which has been brought before the Tribunal is likely to involve professional or special considerations, other than considerations pertaining to town and country planning, he may, with the agreement of the Minister, appoint a suitable person to advise the Tribunal on the said professional or special considerations. (5) The Minister shall appoint a secretary to the Tribunal. (As amended by G.N. No. 232 of 1964, No. 16 of 1965 and S.I. No. 65 of 1965) 8. (1) The Judicial Service Commission may appoint a vice-president Appointment of of the Tribunal who shall hold office for such period and subject to such vice-president conditions as may be agreed. (2) The vice-president of the Tribunal shall be a barrister or solicitor entitled to practise in Zambia, or a person who holds or has held judicial office. (3) The president of the Tribunal or, if the president is unable to do so because of illness or other cause, the Minister, may call upon the vice-president to exercise and perform such functions of the president for such period as the president or the Minister may specify, and thereupon the vice-president shall, and the president shall not, exercise and perform such functions for such period. (No. 16 of 1965) 9. The Minister may prescribe fees to be paid to the president, the vice-president and members of the Tribunal and to any advisers appointed by the president or the vice-president under this Part, who are not officers of the public service, and the president, the vice-president, members or advisers shall be paid in respect of the expenses incurred by them in travelling and subsistence when discharging their duties such sums as may be prescribed. (No. 16 of 1965) Remuneration of president, vice-president, members and advisers

10. A record of the proceedings of the Tribunal shall be kept and filed Record of in the office of the secretary to the Tribunal and may be inspected and proceedings copies thereof obtained upon like conditions and upon payment of the same fees as if they were civil records of a subordinate court. 11. (1) Without prejudice to the provisions of section twenty-nine and Part VI(a) any person whose interest in any land may be affected by any decision of an appeal by the Tribunal shall have the right to appear and be heard on the hearing of any such appeal; (b) the Tribunal shall hear and determine the matter of the appeal and may make such order therein in addition to, or in substitution for, the matter appealed against as it thinks fit, including the award of costs to any party to an appeal, subject to the provisions of paragraph (c); (c) if the Tribunal, after considering any matter brought before it under this section, is of the opinion that the appeal should be allowed, it shall, before making any order under the provisions of paragraph (b), afford the Minister or planning authority an opportunity of making representations as to any conditions or requirements which he or it considers ought to be included in the order and shall afford the appellant an opportunity of replying thereto, and thereafter the Tribunal may make such order in the matter as it thinks fit, and any such order shall be binding on the Minister, planning authority and the appellant: Provided that the Tribunal shall not make any order which would operate in conflict with any provision of an approved structure plan or local plan; (d) all matters requiring to be determined by the Tribunal shall be decided by a majority of votes and such decision shall be the determination of the Tribunal: Provided that(i) any decision on a matter of law or on whether a matter for determination is a matter of fact or a matter of law shall be made solely by the president or the vice-president; (ii) the president, the vice-president and each member shall have and Appeals to Tribunal

shall exercise one vote, and no adviser to the Tribunal shall be entitled to vote on any matter before the Tribunal. (2) Where any person who has appealed to the Tribunal under the provisions of this Act is dissatisfied with the decision of the Tribunal, he may, within twenty-eight days of such decision, appeal to the High Court against such decision. (As amended by No. 25 of 1962, No. 28 of 1964, No. 16 of 1965 and No. 21 of 1997) Witnesses and 12. (1) The Tribunal may by notice in writing require any person, subject to the payment or tender of reasonable expenses of attendance, evidence 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 this Act, and if any person without reasonable excuse fails to comply with any of the provisions of such notice, he shall be guilty of an offence and may be fined summarily by the president or the vice-president of the Tribunal an amount not exceeding one thousand five hundred penalty units. (2) The Tribunal may take evidence on oath and for that purpose the president or the vice-president shall have the power to administer oaths, and may make such other investigations as it may deem necessary in assisting it to come to a decision regarding any matter before it. (As amended by No. 16 of 1965 and Act No. 13 of 1994) 13. No action shall be brought against the president, the vice-president or members of the Tribunal or advisers to the Tribunal in respect of any act done or order made by them in good faith in the execution or supposed execution of the powers and duties conferred upon them under this Act or any regulation made hereunder. (As amended by No. 16 of 1965) 14. The Minister may, by statutory instrument, make regulations prescribing(a) the rules of procedure to be adopted by the Tribunal; (b) the manner in which costs and charges imposed by the Tribunal may be recovered. Regulations Protection of president, vice-president, members and advisers

PART III STRUCTURE PLANS OR LOCAL PLANS 15. (1) The Minister may by statutory noticeOrder for preparation of structure plans or local plans

(a) order a development plan to be prepared for any area specified in such notice and may stipulate after consultation with the planning authority the time to be granted to the planning authority for the preparation and submission of the development plan to him, and may extend such time; (b) change the area of a development plan by additions or exclusions; (c) change the area of an approved development plan by exclusions:

Provided that the order to prepare a development plan or a notice changing the area of a development plan or an approved development plan shall not become operative until forty-five days after the date of publication of the said order or notice, and any interested person may, within twenty-one days after the date of the said publication, object to the Minister to the preparation of such a plan or such change in area and, where any person does so object, the Minister may, prior to the expiry of the said forty-five days, order a public inquiry thereinto under section forty-nine, in which case the said order or notice shall not become operative until the Minister by statutory notice so declares. (2) The Minister shall cause an order made under subsection (1) to be published in three consecutive issues of a newspaper circulating in the area to which the order relates. (3) Whenever the boundaries of the area of a structure plan or local are extended, a structure plan or local plan shall be prepared for such extended area within the time to be specified by the Minister or within such longer period as he may agree.

(4) The Minister may, by statutory instrument, order that in the preparation of a structure plan, approved locals plans may be considered in that structure plan. (5) A structure plan prepared under section (4)(a) may maintain the contents of the approved local plans; and (b) shall be submitted by the planning authority to the Minister for approval. (As amended by Act No. 21 of 1997) 16. (1) A planning authority shall submit to the Minister for approval a structure plan structure plan comprising: (a) a survey of the planning area which shall include(i) the principal and economic charateristics of the area of planning authority including the principal characteristics of any neighbouring areas; (ii) the size, composition and distribution of the population of the area; (iii) the communication, transport system and traffic of the area or neighbouring areas; (iv) the effect of any changes which may affecr the development of the area or the planning of such development; (v) any changes anticipated during the period of the plan; and (vi) such other matters as maybe prescribed by the Minister.; (b) a written submission(i) stating the policy and general proposals of the planning authority in respect of the development and other use of the plan in that area including measures for the management of traffic; (ii) stating the relationship of the proposals to general proposals for the development and use of land in neighbouring areas which affect that area; and (iii) containing such other matters as amy be prescribed by the Minister by statutory instrument.; and (c) such diagrams, illustrations and descriptive matters as the local authority may consider appropriate to explain or illustrate the proposals in the plan.

(2) In formulating it's policy and general proposals under sub-paragraph (i) of paragraph (b) of subsection (1), the planning authority shall ensure that the policy and proposals are justified by the results of the survey in paragraph (a) of subsection (1) and that the policy and proposals include(a) current policies with respect to economic planning and development of the region; (b) the resources which will be available for carrying out the proposals of the structure plan; and (c) such other matters as the Minister may direct. (3) A planning auhtority shall, in a proposal in respect fo land in its area, indicate areas in whole or in part which(a) it has designated for development, redevelopment or improvement; and (b) have been proposed to be designated as a Statutory and Improvement Area under the Housing (Statutory and Improvement Areas) Act. (4) A planning authority shall before submitting a structure plan to the Minister under subsection (1)(a) publicise in the Gazette and other public media the report of the survey conducted under subsection (i); (b) make a copy available for inspection by the general public and state a period of time within which representations in respect of the structure plan may be made to such planning authority which shall not be less than twenty-eight days; (c) afford interested persons an opportunity to make representations on the proposals; and (d) consider any representations made to it under paragraph (b). 16A. (1) The director shall direct a planning auhtority to prepare a local plan where that area is designed under subsection (3) of section sixteen as an area for development in a structure paln which has been approved by the Minister. (2) A planning authority that is directed by the director to prepare a local plan shall-

Cap. 194

(a) prepare a survey of planning area; (b) publicise the report of the survey conducted under paragraph (a) in the Gazette and other public media; (c) make a copy of the proposed local plan available for inspection by the general public and state a period of time within which representations in respect fo the local plan may be nade to such planning authority which shall not be less than twenty-eight days; (d) afford interested persons an opportunity to make representations on the proposals; and (e) consider any representations made to it under paragraph (c). (3) Where the local authority approves the detailed plans of a private developer under subsection (4) they shall be included in the local plan for submission to the Director. (4) A private developer may prepare detailed plans for any part of the area designed fro development under subsection (1) and the plan shall be submitted to the planning authority for approval. (5) A planning authority shall by resolution adopt a local plan prepared under this section and submit it to the Director. (6) The Minister(a) shall before approving a structure plan consider any representations submitted by any person in respect of the structure plan; and (b) may cause a public inquiry to be conducted by the Tribunal in respect fo the representations. (7) The director(a) shall before approving a local plan consider any representations submitted by any person in respect of the local plan; and (b) may cause a public inquiry to be conducted by the Tribunal in respect of the representations. (8) Part shall apply for the purposes of considering representations in respect of a local plan or structure plan.

Local plans

(As amended by S.I. No. 65 of 1965 and repealed and replaced by Act No. 21 of 1997) 17. (1) The Minister or Director may after considering a strcuture plan Approval of or local plan submitted under sections sixteen and sixteen A, as the case structure plan or may be local plan (a) approve it in whole, or in part with or without modifications; or (b) reject it. (2) The Director may on considering a local plan refuse to approve such local plan if(a) the Director is not satisfied that tha objectives of the local plan has benn achieved; or (b) it does not conform to the structure plan as approved by the Minister. (As repealed and replaced by Act No. 21 of 1997) Alteration of 18. (1) A planning authority may at any time after the approval of a structure plan or local plan in respect of any area, on its own initiative or structure plan or local plan upon directives from Minister or Director, as the case may be (a) within the period prescribed as may be specified in the direction from the Minister or Director, as the case may be; submit to the Minister or Director for approval, proposals for the alteration of an approved structure plan or local plan. (2) The planning authority shall furnish to the Minister or Director, as the case may be, a report comprising such modifications to the structure plan or local plan as may be necessary. (As repealed and replaced by Act. No. 21 of 1997)

PART IV PROCEDURE FOR THE PREPARATION AND

SUBMISSION OF STRUCTURE PLANS OR LOCAL PLANS AND THEIR MODIFICATION AND EXTENSION 19. (1) A structure plan or local plan shall be prepared and certified in duplicate by or on behalf of the planning authority, and one certified copy of the structure plan or local plan shall be submitted to the Minister or Director. Preparation and submission of structure plans or local plans and objection thereto

(2) When a structure plan or local plan is submitted to the Minister or Director, the planning authority shall give public notice that the structure plan or local plan is open for inspection at such place or places as shall be notified as aforesaid. (3) The notice referred to in subsection (2) shall call upon any interested person who desires to make any representation in connection with or objection to the structure plan or local plan to do so to the Minister or Director within such period, not being less than twenty-eight days after the date of the first publication of the notice, as shall be specified in the notice. (4) A copy of any representation in connection with or objection to a structure plan or local plan shall be lodged with the planning authority by the person making such representation or objection within the time specified in the notice under the provision of subsection (3). (5) A planning authority may, if it thinks fit, agree with any person making a representation in connection with or objection to a structure plan or local plan that such representation or objection should be met or withdrawn, in which case it shall so notify the Minister or Director and the person making the representation or objection. (As amended by Act No. 21 of 1997) 20. (1) Where a structure plan or local plan is submitted to the Minister or Director, he shall take into consideration such structure plan or local plan and any representation or objection received by him in accordance with the provisions of section nineteen, and shall decide whether or not Consideration of approval by the Minister or Director

to cause a public inquiry to be held under the provisions of section forty-nine into all or any of the said representations or objections at which any interested person may be heard: Provided that if the Minister or Director has been notified that the planning authority wishes to meet all or any of the representations or objections so lodged, then he shall take no action under this section for a period of ninety days from the closing date for the lodging of objections, and the planning authority shall inform the Minister or Director of its proposals for dealing with the said representations or objections within the said period of ninety days. (2) If the Minister or Director decides not to cause a public inquiry to be held, he shall, before approving the structure plan or local plan, afford to the planning authority and to any person who has duly made a representation or objection to the planning authority and who has not withdrawn such representation or objection, and such other persons as he may deem fit, an opportunity of appearing before and being heard by a person appointed by him for that purpose. 21. The Minister or Director shall notify the planning authority of his approval, with or without modification, or his rejection of the structure plan or local plan and, on receipt of such notice, the planning authority shall forthwith give public notice of the approval or rejection, and shall serve notice of the approval or rejection on any person by whom a representation or objection was duly lodged, and on such other persons, if any, as may be required by a general or specific direction given by the Minister or Director and, in the event of approval, shall place the approved structure plan or local plan on permanent public deposit during the normal hours of official business and shall cause the descriptive matter of the approved structure plan or local plan, if any, to be published for sale to the public. (As amended by Act No. 21 of 1997) PART V PERMISSION REQUIRED FOR DEVELOPMENT AND SUBDIVISION OF LAND 22. (1) Subject to the provisions of this section and to the following provisions of this Act, permission shall be required under this Part for any development or subdivision of land that is carried out after the Permission required for development Notice of approval or rejection by the Minister or Director

appointed day. (2) The provisions of this Part, in so far as they relate to development, shall apply only(a) in areas in respect of which there is an order, made under the provisions of this Act, to prepare a structure plan or local plan; and (b) in areas subject to an approved structure plan or local plan: and

and subdivision

(c) in such areas as are within a distance of twenty miles from the boundaries of any area mentioned in paragraph (a) or (b); and (d) in such other areas as may be specified by the Minister by statutory notice. (3) In this Act, "subdivision", in relation to land, means the division of any holding of land into two or more parts, whether the subdivision is effected for purposes of conveyance, transfer, partition, sale, gift, lease, mortgage or any other purpose, and "subdivide" has a corresponding meaning. (4) In this Act, "development" means the carrying out of any building, rebuilding or other works or operations on or under land, or the making of any material changes in the use of land or buildings but shall not include(a) changes of use of land or buildings where the existing and the proposed uses both fall within the same group of land or building uses which may be prescribed; (b) the carrying out of works for the rebuilding, maintenance, improvement or other alteration of any building, being works which affect only the interior of the building or which do not materially affect the external appearance of the building; (c) the construction of roads in an area not subject to a structure plan or local plan or approved structure plan or local plan, in respect of which the Director of Roads is the highway authority;

(d) the carrying out by a highway authority of any works required for the maintenance or improvement of a road, being works carried out on land within the boundaries of a road or road reserve; (e) the carrying out by any local authority or any statutory undertaker of any works for the purpose of constructing, inspecting, repairing or renewing any sewers, drains, pipes, cables, rails or such other apparatus as may be prescribed; (f) the construction or use other than for human habitation of any building or the use of any land within the curtilage of a dwelling-house for any purpose incidental to the enjoyment of the dwelling-house as such; (g) the use of any land for the purpose of mining or agriculture, including the erection and use of buildings for such mining or agricultural purposes, but excluding the siting of buildings within nine hundred and fifteen metres from the centre line of any road or proposed road; (h) the erection of temporary buildings required in connection with any development for which planning consent has been given, for a period not exceeding twelve months or for such longer period as the Minister or the planning authority may permit; (i) the construction and maintenance of roadways, paths, standings and similar paved areas within a holding, or within any public open space; (j) development outside a development plan area in any of the following, namely, forest reserves protected forest areas and game reserves, but excluding the siting of buildings within nine hundred and fifteen metres from the centre line of any road or proposed road; (k) any other operation which may be prescribed.

(As amended by Act No. 21 of 1997) 23. (1) The Minister shall by order provide for the grant of permission Development or for the development and subdivision of land under this Part, and such subdivision permission may be grantedorders

(a) in the case of any development or subdivision specified in any such order, or in the case of development of any class so specified, by that order itself; (b) in any other case, by the Minister on an application in that behalf made to him in accordance with the provisions of the order. (2) Subject to subsection (4), the permission granted by any development or subdivision order may be granted either unconditionally or subject to such conditions or limitations as may be specified in such order. (3) Without restricting the generality of subsection (2), a development order that grants permission for any development may(a) where permission is thereby granted for the erection, extension or alteration of any buildings, require the approval of the Minister to be obtained with respect to the external design, appearance or materials used; (b) where permission is thereby granted for development of any specified class, enable the Minister to direct that the permission shall not apply either in relation to development in any particular area or in relation to any particular development. (4) The Minister may, in any subdivision order in respect of land situated outside the area of a structure plan or local plan or approved structure plan or local plan, grant permission(a) for residential purposes or purposes ancillary thereto: Provided that(i) no subdivision shall be less than twenty-five acres in extent; (ii) a condition that there shall be no further subdivision of the subdivision is stipulated by him in the approval; (iii) the land to be subdivided is not considered by the Environmental council of Zambia to be of high agricultural value; (iv) no installation of public services at the expense of the Government becomes necessary as a result of the subdivision or

subdivisions; (b) for other purposes provided that he considers that approval will be in the best interests of Zambia. (As amended by S.I. No. 65 of 1965 and Act No. 21 of 1997) 24. (1) The Minister may by instrument in writing and subject to such conditions, directions, reservations and restrictions as he thinks fit, delegate to any planning authority his functions under subsections (1) and (2) of section twenty-five relating to the grant or refusal of permission to develop or subdivide land: Provided that(i) the said functions of the Minister shall be delegated to the appropriate planning authority set out in the First Schedule when any development or subdivision order is made affecting any of the areas set out in the First Schedule; (ii) in respect of subdivision for agricultural purposes of agricultural land situated outside areas subject to a structure plan or local plan or approved structure plan or local plan, the Minister shall, when any subdivision order is made affecting any area, delegate the said functions to the Envirnmental Council of Zambia in respect of that area. (2) Without restricting the generality of subsection (1), the Minister may make provision in any instrument of delegation for transferring to any planning authority to whom functions are delegated in accordance with this section any liability to pay compensation under this Act in respect of anything done by that planning authority in the exercise of functions delegated to it as aforesaid: Provided that when the Minister delegates under subsection (1) any of his functions to any of the planning authorities referred to in the First Schedule, he shall make provision in the instrument of delegation for transferring to such planning authority the said liability to pay compensation. (As amende by Act No. 21 of 1997) Delegation to planning authorities

25. (1) Subject to the provisions of this section, where application is Application for made to the Minister or planning authority to whom functions have been planning delegated under section twenty-four for permission to develop or permission subdivide land, the Minister or planning authority may grant permission either unconditionally or subject to such conditions as he thinks fit, or may refuse permission and, in dealing with any such application, the Minister or said planning authority shall have regard to the provisions of the structure plan or local planor approved structure plan or local plan, if any, so far as material thereto, and to any other material considerations: Provided that the granting of any such permission shall, in respect of the subdivision of land, other than the subdivision for agricultural purposes of agricultural land, situated outside areas subject to a structure plan or local plan or approved structure plan or local plan, be subject to the provisions of subsection (4) of section twenty-three which shall apply mutatis mutandis to any such permission. (2) Without restricting the generality of subsection (1), conditions may be imposed on the grant of permission to develop or subdivide land thereunder(a) for regulating the development, subdivision or use of any land or requiring the carrying out of works on any such land, so far as appears to the Minister or planning authority to be expedient for the purpose of or in connection with the development or subdivision authorised by the permission; (b) for requiring the removal of any buildings or works authorised by the permission, or the discontinuance of any use of land so authorised, at the expiration of a specified period, and the carrying out of any works required for the reinstatement of land at the expiration of that period. (3) Provision may be made by a development or subdivision order for regulating the manner in which applications for permission to develop or subdivide land are to be made to, and dealt with by the Minister or planning authority and in particular(a) for requiring the planning authority, before granting or refusing permission for any development or subdivision, to consult with such authorities or persons as may be specified by the order or by directions

given by the Minister thereunder; (b) for requiring the planning authority to give any applicant for permission, within such time as may be specified by the order, such notice as may be so specified as to the manner in which his application has been dealt with; (c) for requiring the planning authority to furnish to the Minister, and to such other persons as may be specified by or under the order, such information as may be so specified with respect to applications for permission made to it, including information as to the manner in which any such application has been dealt with. (4) The Minister and planning authority, as the case may be, shall keep, in such manner as may be specified by the appropriate development order, a register containing such information as may be specified in the said development order with respect to applications for permission made to the Minister or planning authority, including information as to the manner in which such applications have been dealt with; and every such register shall be made available for inspection by the public during normal hours of official business at such place as the Minister may direct. (As amended by Act No. 21 of 1997) 26. (1) The Minister may give directions to any planning authority to whom functions have been delegated under section twenty-four that any application made to that authority for permission to develop or subdivide land, or all such applications of any class specified in the directions, shall be referred to the Minister instead of being dealt with by the planning authority, and any such application shall be so referred accordingly. (2) Where an application for permission to develop or subdivide land is referred to the Minister under this section, subsections (1) and (2) of section twenty-five shall apply, subject to any necessary modifications in relation to the determination of the application by the Minister as they apply in relation to the determination of such an application by the planning authority. (3) If the Minister, after consultation with a planning authority to whom Additional powers of Minister to give directions to any planning authority

functions have been delegated under section twenty-four, considers that the said planning authority has granted permission to any person to develop or subdivide land in a manner which is contrary to the provisions of an approved structure plan or local plan, he may, not later than two years from the date of the granting of such permission, direct the said planning authority to cancel such permission and the planning authority so directed shall comply with the directions so given. (4) Where any permission is cancelled under the provisions of subsection (3), the person to whom permission was granted shall be entitled to claim compensation from the planning authority in respect of any expenditure incurred by him in carrying out work that is rendered abortive by the cancellation of such permission and in respect of any other loss or damage which is directly attributable to the cancellation of such permission, and the planning authority shall pay compensation to such person in respect of any such expenditure, loss or damage. (As amended by Act No. 21 of 1997) 27. (1) The power to grant permission to develop or subdivide land under this Part shall include power to grant permission for the retention on land of any buildings or works constructed or carried out thereon before the date of the application for such permission, or for the continuance of any use of land instituted before that date (whether without permission granted under this Part or in accordance with permission so granted for a limited period only); and reference in this Part to permission to develop or subdivide land or to carry out any development of land, and to applications for such permission, shall be construed accordingly. (2) Any such permission as is mentioned in subsection (1) may be granted so as to take effect from the date on which the buildings or works were constructed or carried out, or the use was instituted, or from the expiration of the said period, as the case may be. (3) Where permission is granted under this Part for the erection of a building, the grant of permission shall specify the purposes for which the building may be used. (4) Where permission to develop land is granted under this Part for a limited period only, nothing in this Part shall be construed as requiring Supplementary provisions re grants of planning permission

permission to be obtained thereunder for the resumption, at the expiration of that period, of the use of the land for the purpose for which it was normally used before the permission was granted. (5) In determining for the purposes of subsection (4) the purposes for which land was normally used before the grant of permission, no account shall be taken of any use of the land begun in contravention of the provisions of this Part. 28. (1) For the avoidance of doubt it is hereby declared that, on receipt of an application for subdivision made under the provisions of section twenty-five, the Minister or planning authority to whom functions have been delegated under section twenty-four maySupplementary provisions re grant of permission to subdivide

(a)

demand further information from the applicant; or

(b) demand that public notice inviting objection to the application within a specified time and in a prescribed form shall be given at the cost of the applicant; or (c) approve the application subject to such written conditions as is deemed fit to impose in accordance with the Third Schedule, and any person developing the land pursuant to such approval shall comply with all conditions so imposed; or (d) approve the application in principle and require a detailed application to be submitted in terms of subsection (3); or (e) reject the application and state the reasons for the rejection.

(2) If, within a period of ninety days after receipt of an application for subdivision, the Minister or the planning authority, as the case may be, has failed to serve a notice on the applicant as to how the application has been dealt with under the provisions of subsection (1), then the application shall be deemed to have been approved by a decision of the appropriate authority. (3) Where a detailed application is required under the provisions of this section, the Minister or planning authority shall notify the applicant of

such matters listed in the Third Schedule which are to be included in the detailed application. (4) On receipt of a detailed application, the Minister or planning authority shall approve the application absolutely or subject to such modifications, amendments and conditions as he deems fit to impose in accordance with the Third Schedule, and any person developing the land pursuant to such approval shall comply with such conditions. (5) If no detailed application is received within six months of the date on which notification was given under subsection (3), or within such further period of time as the Minister or planning authority may agree in writing prior to the expiration of the said period of six months, the application shall be deemed to be withdrawn and the approval in principle granted under subsection (1) shall be deemed to be cancelled. (6) Where an application has been approved but the records of the subdivisional survey required by subsection (1) of section ten and section twenty-one of the Land Survey Act are not lodged with the Surveyor-General within the period stated in the approval, such approval shall be deemed to be cancelled: Provided that the Minister or the planning authority, on application by the owner of the land, may extend the said period prior to its expiration where considered necessary. 29. (1) Where application is made under this Part to the Minister or planning authority to whom functions have been delegated under section twenty-four for permission to develop or subdivide land, or for any approval of that planning authority required under a development order or subdivision order, and that permission or approval is refused by the Minister or planning authority, or is granted subject to conditions, then, if the applicant is aggrieved by the decision, he may, within twenty-eight days from the receipt of notification of the decision or such longer period as the Tribunal in writing may agree, and in the manner prescribed, appeal to the Tribunal. (2) Any person, other than an applicant, or any local or township authority who is dissatisfied with any decision made by the Minister or a planning authority to whom functions have been delegated under Additional provisions for appeal to Tribunal Cap. 188

section twenty-four in connection with an application for permission to develop or subdivide land, may, within twenty-eight days from the making of such decision or such longer period as the Tribunal in writing may agree, and in the manner prescribed, appeal to the Tribunal. (3) Notwithstanding the provisions of subsection (1) or (2), the Tribunal shall not be required to entertain an appeal under the said subsection (1) or (2) in respect of the determination of an application for permission to develop or subdivide land(a) if it appears to the president or the vice-president of the Tribunal that permission for that development or subdivision could not have been granted otherwise than subject to the conditions imposed, having regard to the provisions of section twenty-five and of the appropriate development order or subdivision order and to any directions given under such order; or (b) if the Minister has certified at the time of making the decision, or, if the decision is that of a planning authority to whom functions have been delegated under section twenty-four, the Minister has certified, within seven days of the making of such decision, that such decision is in the national interest. (As amended by No. 25 of 1962, No. 28 of 1964 and No. 16 of 1965) 30. (1) Subject to the provisions of this section, if it appears to the Minister or planning authority to whom functions have been delegated under section twenty-four that it is expedient, having regard to the structure plan or local planor approved structure plan or local plan and to any other material considerations, that any permission to develop or subdivide land granted by a development or subdivision order or on an application made in that behalf under this Part should be revoked or modified, he may by order revoke or modify the permission to such extent as appears to him to be expedient as aforesaid. (2) The power conferred by this section to revoke or modify permission to develop or subdivide land may be exercised(a) where the permission relates to the carrying out of building or other operations, at any time before those operations have been completed; Revocation and modification of planning permission by the Minister

(b) where the permission relates to a change of the use of any land, at any time before the change has taken place: Provided that the revocation or modification of permission for the carrying out of building or other operations shall not affect so much of those operations as has been previously carried out. (3) Where permission to develop or subdivide land is revoked or modified by an order made under this section, then if, on a claim made to the Minister or planning authority within six months of the making of the order, it is shown that any person interested in the land has incurred expenditure in carrying out work that is rendered abortive by the revocation or modification, or has otherwise sustained loss or damage that is directly attributable to the revocation or modification, the Minister or planning authority shall pay to that person compensation in respect of that expenditure, loss or damage. (4) For the purposes of this section, any expenditure incurred in the preparation of plans for the purposes of any work or upon other similar matters preparatory thereto shall be deemed to be included in the expenditure incurred in carrying out that work, but except as aforesaid no compensation shall be paid under this section in respect of any work carried out before the grant of the permission that is revoked or modified, or in respect of any other loss or damage (not being loss or damage consisting of the depreciation in value of an interest in land) arising out of anything done or omitted to be done before the grant of that permission. (5) Where permission for the development of land granted by a development or subdivision order has been withdrawn, whether by the revocation or modification of the order or by the issue of directions under powers in that behalf conferred by the order, then if, on an application made in that behalf under this Part, permission for that development is refused or is granted subject to conditions other than those previously imposed by the development or subdivision order, the foregoing provisions of this section shall apply as if the permission granted under this Part by the Minister or planning authority had been revoked or modified by an order made under this section. (6) Where the permission that is revoked or modified by an order under this section is permission for which compensation would be payable

under Part VI in the circumstances therein mentioned, the provisions of sections thirty-five and thirty-nine shall apply as if for references in section thirty-five to the refusal of the permission or the imposition of conditions on the grant thereof were substituted references to the revocation of permission or the modification thereof by the imposition of conditions, and subsection (1) of section thirty-five shall have effect as if for the words "if the permission had been granted or had been granted unconditionally" there were substituted the words "if the permission had not been revoked or had not been modified". (7) Where, by virtue of the provisions of this section, compensation is payable in respect of expenditure incurred in carrying out any work on land, then if the President or the local or township authority purchases any interest in that land, or a claim for compensation is made in respect of any such interest under section thirty-five, any compensation payable in respect of the acquisition of that interest or, as the case may be, any compensation payable in respect of the interest under section thirty-five, shall be reduced by an amount equal to the value of the works in respect of which compensation is payable under this section. (As amended by S.I. No. 65 of 1965 and Act No. 21 of 1997) Enforcement of 31. (1) If it appears to the Minister or planning authority to whom planning functions have been delegated under section twenty-four that any control development or subdivision of land has been carried out after the appointed day without the grant of permission required in that behalf under this Part, or that any conditions subject to which such permission was granted in respect of any development or subdivision have not been complied with, then the Minister or planning authority may, within four years of such development being carried out, or, in case of non-compliance with a condition, within four years after the date of the alleged failure to comply with it, if he considers it expedient so to do having regard to the provisions of the appropriate structure plan or local plan or approved structure plan or local plan, if any, and to any other material considerations, serve on the owner and occupier of the land a notice (hereinafter called an enforcement notice) under this section. (2) If it appears to the Minister or planning authority to whom functions have been delegated under section twenty-four that(a) any use of land should be discontinued or that any conditions should be imposed on the continuance thereof; or

(b)

that any buildings or works should be altered or removed;

then the Minister or planning authority may by an enforcement notice served on the owner and occupier require the discontinuance of that use, or impose such conditions as may be specified in that notice on the continuance thereof or require such steps as may be specified to be taken for the alteration or removal of the building or works, as the case may be: Provided that no such enforcement notice shall be served on an owner or occupier by a planning authority, other than any authority specified in the First Schedule, unless and until the Minister shall have approved such enforcement notice. (3) Any enforcement notice served under subsection (1) shall specify the development or subdivision that is alleged to have been carried out without the grant of such permission as aforesaid or, as the case may be, the matters in respect of which it is alleged that any such conditions as aforesaid have not been complied with, and may require such steps as may be specified in the notice to be taken within such period as may be so specified for restoring the land to its condition before the development or subdivision took place, or for securing compliance with the conditions, as the case may be; and in particular any such notice may for the purpose aforesaid require the demolition or alteration of any buildings or works, the discontinuance of any use of land or the carrying out on land of any building or other operations. (4) Except as otherwise provided in this section, an enforcement notice shall take effect at the expiration of such period (not being less than twenty-eight days after the service thereof) as may be specified therein. (5) When, within the period mentioned in subsection (4), an appeal is made to the Tribunal under this section by a person on whom the enforcement notice was served, the operation of the enforcement notice shall be suspended pending the final determination or withdrawal of the appeal. (6) If any person on whom an enforcement notice is served under subsection (1) is aggrieved by the enforcement notice, he may, at any time within the period mentioned in subsection (4), appeal against the enforcement notice to the Tribunal; and on any such appeal the

Tribunal(a) if satisfied that permission was granted under this Part for the development to which the enforcement notice relates, or that no such permission was required in respect thereof, or, as the case may be, that the conditions subject to which such permission was granted have been complied with, shall quash the enforcement notice to which the appeal relates; (b) in any other case shall dismiss the appeal.

(7) If any person on whom an enforcement notice is served under subsection (2) is aggrieved by the enforcement notice, he may, at any time within the period mentioned in subsection (4), appeal against the enforcement notice to the Tribunal, and the Tribunal may in respect of such enforcement notice make any order which it is empowered to make under the provision of section eleven. (8) Where the enforcement notice is varied or the appeal is dismissed, then, subject to paragraph (a) of subsection (6), the Tribunal may, if it thinks fit, direct that the enforcement notice shall not come into force until such date (not being later than twenty-eight days from the determination of the appeal) as the Tribunal thinks fit. (9) The Minister and planning authority, as the case may be, shall keep in such manner as may be specified a register of every enforcement notice which has been served under the provisions of this section; and every such register shall be made available for inspection by the public during normal hours of official business at such place as the Minister may direct. (As amended by Act No. 21 of 1997) 32. (1) If within the period specified in an enforcement notice made under subsection (1) of section thirty-one, or within such extended period as the Minister or planning authority to whom functions have been delegated under section twenty-four may allow, any steps required by the enforcement notice to be taken (other than the discontinuance of any use of land) have not been taken, the Minister or planning authority may enter on the land and take those steps, and may recover as a civil debt in any court of competent jurisdiction from the person who is then Supplementary provisions as to enforcement including penalties

the owner of the land any expenses reasonably incurred by the Minister or planning authority in that behalf; and if that person, having been entitled to appeal to the Tribunal, failed to make such an appeal, he shall not be entitled in proceedings under this subsection to dispute the validity of the action taken by the Minister or planning authority upon any ground that could have been raised by such an appeal. (2) Where, by virtue of an enforcement notice, any use of land is required to be discontinued, or any conditions are required to be complied with in respect of any use of land or in respect of the carrying out of any operations thereon, then if any person, without the grant of permission in that behalf under this Part, uses the land or causes or permits the land to be used, or carries out or causes or permits to be carried out those operations, in contravention of the enforcement notice, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding fifteen thousand penalty units and, in case of a continuing offence, to a further fine not exceeding one hundred and fifty penalty units for every day after the first day during which the use is so continued. (As amended by No. 13 of 1994) 33. (1) Compliance with an enforcement notice, whether as respectsRepeated operation of enforcement notices

(a) (b) (c)

the demolition or alteration of any buildings or works; or the discontinuance of any use of land; or any other requirements in the enforcement notice;

shall not discharge the enforcement notice. (2) Without restricting the generality of subsection (1), where any development is carried out on land by way of reinstating or restoring buildings or works that have been demolished or altered in compliance with an enforcement notice, the enforcement notice shall, notwithstanding that its terms are not apt for the purpose, be deemed to apply in relation to the buildings or works as reinstated or restored as it applied in relation to the buildings or works before they were demolished or altered and subsections (1) and (2) of section thirty-two

shall apply accordingly.

PART VI COMPENSATION FOR REFUSAL OR CONDITIONAL GRANT OF PLANNING PERMISSION 34. In this Part, "planning decision" means, in the case of an Definition of application for permission made under Part V, a refusal by the Minister "planning decision'' or planning authority to whom functions have been delegated under section twenty-four of that permission, or a grant thereof by the Minister or planning authority subject to conditions, or a notice served under the provisions of subsection (2) of section thirty-one. 35. (1) If, on a claim being made to the Minister or planning authority Compensation to whom functions have been delegated under section twenty-four, it is for planning decision shown that, as a result of a planning decision involving a refusal of permission or a grant thereof subject to conditions, the value of the interest of any person in the land to which the planning decision relates is less than it would have been if the permission had been granted or had been granted unconditionally, then the Minister or planning authority, as the case may be, shall, subject to the provisions of this Part, pay to that person compensation of an amount equal to the difference. (2) Where an order is made under subsection (2) of section thirty-one requiring any use of land to be discontinued or imposing conditions on the continuance thereof, or requiring any buildings or works on land to be altered or removed, then if, on a claim made to the Minister or the planning authority, as the case may be, it is shown that any person has suffered damage in consequence of the order by the depreciation of any interest in the land to which he is entitled or by being disturbed in his enjoyment of the land, the Minister or planning authority shall pay to that person compensation in respect of that damage. (3) In determining for the purposes of subsection (1) to what extent, if any, the value of any interest in land is less than it would have been if the permission therein referred to had been granted or had been granted unconditionally, it shall be assumed that any subsequent application for permission in respect of the land would be determined in the same way,

except that if, on the refusal of permission for the development in respect of which the application is made, the Minister or planning authority undertakes to grant permission for any other development of the land in the event of an application being made in that behalf, regard shall be had to the undertaking in determining the matter aforesaid. 36. (1) Compensation under subsection (1) of section thirty-five shall not be payableNo compensation payable in certain cases

(a) in respect of the refusal of permission for any development that consists of or includes the making of any material change in the use of any buildings or land; (b) in respect of the refusal of permission to develop or subdivide land if the reason or one of the reasons for the refusal is, and is stated to be, that development of the kind proposed would be premature by reference to either or both of the following matters, that is to say: (i) the order of priority, if any, indicated in the structure plan or local plan for the area in which the land is situated for development in that area; (ii) any existing deficiency in the provision of roads, water supplies, sewerage or other public services, and the period within which any such deficiency may reasonably be expected to be made good; (c) in respect of the refusal of permission to develop and subdivide land if the reason or one of the reasons stated for the refusal is that the land is physically unsuitable for the proposed development, or would be prejudicial to natural resources and public health or dangerous to human life; (d) in respect of the imposition, on the granting of permission to develop and subdivide land, of any condition relating to(i) the number or disposition of buildings on any land; (ii) the dimensions, cost, design, structure or external appearance of any building, or the materials to be used in its construction; (iii) the manner in which any land is to be laid out for the purposes of the development, including the provision of facilities for the parking, loading or fuelling of vehicles on the land; (iv) the use of any buildings or land;

(v) the location or design of any means of access to a highway or the materials to be used in the construction thereof; (vi) the provision of any roads, surface water drainage, water supply or sewerage including sewage disposal plant; (vii) cash or land endowment; (viii) the transfer of ownership of lands reserved for the President or the local authority or township authority, as the case may be; (e) in respect of any planning decision on an application for consent to the display of advertisements; (f) in respect of the subdivision of land, any condition stipulated under subsection (4) of section twenty-three; (g) in respect of the refusal to subdivide agricultural land for agricultural purposes where the refusal is on the ground that such subdivision would be uneconomic or would render the holding uneconomic for agricultural purposes; (h) in respect of the granting of permission subject to conditions to subdivide agricultural land for agricultural purposes. (2) For the purposes of this section, a planning decision whereby permission to develop or subdivide land is granted subject to a condition prohibiting development or subdivision of a specified portion of that land shall be treated as a decision refusing the permission as respects that portion of the land only. (As amended by S.I. No. 65 of 1965 and Act No. 21 of 1997) 37. (1) Compensation under this Part shall not be payable in respect of a planning decision whereby permission is refused for the development or subdivision of land if, notwithstanding that refusal, there is available with respect to that land planning permission for development or subdivision to which this section applies. (2) Where planning permission for development or subdivision to which this section applies is available with respect to a portion only of the land, this section shall have effect only in so far as the interest subsists in that portion. No compensation if other development permitted

(3) Where a claim for compensation under this Part is made in respect of an interest in any land, planning permission for development or subdivision to which this section applies shall be taken for the purposes of this section to be available with respect to that land or a portion thereof if, immediately before the Minister or planning authority gives notice of the findings in respect of that claim, there is in force with respect to that land or a portion thereof a grant of, or an undertaking by the Minister or planning authority to whom functions have been delegated under section twenty-four to grant, planning permission for some such development or subdivision subject to no conditions other than such as are mentioned in paragraph (d) of subsection (1) of section thirty-six. (4) This section applies to any development of a residential, commercial or industrial character, if the development consists wholly or mainly of the construction of houses, flats, shop or office premises, hotels, garages and petrol filling stations, cinemas, or industrial buildings (including warehouses), or any combination thereof. 38. Where any person who is entitled to compensation under this Act is also entitled to compensation under any other Act in respect of the same matter, then such person shall elect whether he will claim compensation under this Act or under the said other Act, and such election shall be a bar to any further claim in respect of the same matter: Provided that, where a person elects to claim compensation under this Act, he shall not be entitled to receive any greater compensation under this Act than he would have received under the said other Act. 39. (1) Compensation under this Part shall not be payable unless a claim for it is duly made in accordance with the provisions of this section. General provisions as to claims for compensation Exclusion and limitation of compensation in certain other cases

(2) A claim for compensation under this Part shall not have effect unless it is made before the end of the period of six months beginning with the date of the planning decision to which it relates, but the Minister or planning authority to whom functions have been delegated under section twenty-four may, in any particular case (either before, on or after

the date on which the time for claiming would otherwise have expired), allow an extended, or further extended, period for making such a claim. (3) The Minister may, by statutory instrument, make regulations(a) prescribing the form in which claims for compensation under this Part are to be made; (b) requiring a claimant to provide the Minister or planning authority with such evidence in support of the claim, and such information as to the interest of the claimant in the land to which the claim relates, and as to the interests of other persons therein that are known to the claimant, as may be prescribed. (4) Compensation payable under this Part shall in default of determination by agreement be determined by the High Court in accordance with such procedure as shall be prescribed.

PART VII ACQUISITION OF LAND 40. Where any land is required to be included in a structure plan or local Acquisition of plan or approved structure plan or approved local plan the Minister may land recommend to the President that the Land may be acquired by the Cap. 189 President in accordance with the Lands Acquisition Act. (As amended by S.I. No. 65 of 1965 and Act No. 21 of 1997)

41. (1) If the owner of any land which is reserved under the provisions of an approved structure plan or local plan is deprived of the reasonable beneficial use of such land by a refusal of permission to develop or subdivide such land solely on the ground that the proposed development or subdivision would interfere with the use of the land for the purpose for which it is reserved, he may call upon the Minister or the planning authority to whom functions have been delegated under section twenty-four to cause the reserved land to be acquired. (2) If the Minister or planning authority fails to effect the acquisition of

Owner may require acquisition of reserved land

such reserved land within such period as may be prescribed, the Minister, on request being made by the owner of the land, shall order the deletion of the reservation of such land from the approved structure plan or local plan and shall substitute a zoning of the predominant use of the surrounding area, and the approved structure plan or local plan shall be amended and revised accordingly. (3) Subject to the provisions of this Part, an owner may serve notice on the Minister or planning authority requiring that an order be made to cause his land in whole or in part to be acquired if by reason of any provision in an approved structure plan or local plan(a) so great a proportion of his land cannot be permitted to be developed that the remainder is incapable of reasonable beneficial use; or (b) his land has been severed in such a manner that one or more severed portions are so small or so badly shaped as to be incapable of reasonable beneficial use. (As amended by Act No. 21 of 1997) 42. The President or the local authority may, by way of sale or lease, with the agreement of the Minister or planning authority, as the case may be, dispose of land acquired (whether compulsorily or by agreement) under this Part to any body or person for development in accordance with permission granted under Part V. (As amended by S.I. No. 65 of 1965) 43. (1) In its application to this Act, Lands Acquisition Act, shall be read as if(a) (b) section eleven were deleted; in the case of acquisition by a local authorityAssessment of valuation Cap. 189 Disposal of land

(i) every reference to the President or the Minister was a reference to the local authority acquiring the land; (ii) the reference to the Government in the proviso to subsection (1) of section fifteen was a reference to the local authority acquiring the land;

(iii) in section twenty-one, for the words "the President" were substituted the words "the local authority". (2) Where land is being compulsorily acquired by a local authority, then the forms in the Schedule to the Lands Acquisition Act, may be so varied as to render them applicable to acquisition by such local authority. (As amended by S.I. No. 65 of 1965)

PART VIII REGIONAL PLANS 44. (1) The Minister may, when it appears necessary or desirable to him, order the preparation of a regional plan for any area for the general purpose of co-ordinating services and development within that area, and for the specific control of the use of land or for the provision of any land required for a public purpose with the same object in view and may include in the order such items listed in the Second Schedule, with such additional items as he may deem necessary, which the regional planning authority shall take into account in the preparation of the regional plan. (2) A regional plan shall consist of a report of the survey in respect of the area to which the plan relates and the survey shall be carried out in such manner as may be prescribed, together with such maps and descriptive matter as may be necessary to indicate the manner in which land in the area may be used. (As amended by G.N. No. 232 of 1964) 45. (1) The Minister may, by statutory notice, appoint a regional planning authority to prepare a regional plan ordered under section forty-four, and may specify the constitution of any such regional planning authority. (2) A regional planning authority appointed under the provision of subsection (1) shall, when preparing a regional plan, consult with such authorities, persons or bodies as the Minister may from time to time direct.
Appointment of regional planning authority Preparation of regional plan

(3) A regional planning authority shall, when it has prepared a regional plan, submit such plan in duplicate to the Minister. (As amended by G.N. No. 232 of 1964) 46. The Minister may, after consultation with all planning authorities within the area of a regional plan submitted under this Part, approve the regional plan with or without modifications or reject it, and if the regional plan is approved, thereafter, no structure plan or local plan will be prepared, or an approved structure plan or local plan implemented or modified in a manner which does not have proper regard to the approved regional plan, without the consent of the Minister, nor shall any land reserved in any regional plan for a specific public purpose be used otherwise than for that purpose without the consent of the Minister: Provided that a regional plan shall not be approved with modifications unless and until the Minister has had consultation with the said planning authorities concerning the modifications which it is proposed to make. (As amended by G.N. No. 232 of 1964 and Act No. 21 of 1997) 47. (1) The Minister may revoke or modify by alteration or addition, a regional plan approved under the provisions of section forty-six. (2) At least once in every five years after the date on which a regional plan for any area is approved by the Minister, the regional planning authority shall carry out a fresh survey of that area in such manner as may be prescribed, and shall submit a report of the survey, together with proposals for any alterations, additions or substitutions to the plan that appear to the regional planning authority to be required having regard thereto, to the Minister, who may if he deems it necessary order the preparation and submission of a new or an amended regional plan. (As amended by G.N. No. 232 of 1964) 48. (1) The provisions of this Part shall apply to Customary Areas as defined in the Lands Act and to every township.
Application to Customary Areas and townships Cap. 184 Revocation or modification of approved regional plan Approval of regional plan

(2) The provisions of a regional plan shall bind the Republic.

(As amended by S.I. No. 65 of 1965)

PART IX GENERAL 49. (1) For the purpose of the execution of his functions under this Act, the Minister may hold or cause to be held such public inquiries as he may deem necessary, and may for that purpose(a) appoint any person to conduct a public inquiry and to report thereon to him in such manner as he may direct; (b) detail the terms of reference of such public inquiry.
Power to hold or cause the holding of

Public inquiries

(2) The provisions of sections twelve and thirteen shall apply, mutatis mutandis, to any such public inquiry, and the person appointed to conduct a public inquiry may exercise all or any of the powers conferred on the president or the vice-president of the Tribunal or on the Tribunal by the said sections. 50. Any notice or order served or made under this Act shall be in writing, and any notice or order shall be served on or given to any person or shall be sufficiently served if it is left at the last known postal, residential or business address of the person to be served or if it is sent by registered post addressed to the person by name at the last known postal, residential or business address of the person, and in such last case, the notice or order shall be deemed to have been received by the said person on the day on which such notice or order would have been received by the person in the ordinary course of post whether the same shall have been actually received by him or not. 51. (1) Subject to the restrictions imposed by subsection (2), any person authorised in writing by the Minister or by any planning authority shall have the right to enter upon any land or premises at all reasonable times with such men, vehicles, materials and instruments and to do all such acts thereon as are necessary for or incidental to the exercise of the powers conferred, or the performance of the duties imposed by this Act:
Service of notices

Right of entry

Provided that no person shall have the right to enter upon the said land until the expiry of a period of twenty-four hours after the serving of notice on the owner or occupier of the said land. (2) The exercise of the rights conferred by subsection (1) shall be subject to any owner or occupier of any land or premises affected being entitled to compensation for any damage caused by the persons entering upon the land or premises under the provisions conferred by this section: Provided that no matter or thing done by any duly authorised person in the proper execution of his duties in respect of any provision of this section shall make such person liable to any personal action, liability, claim or demand whatsoever. (3) Any person who hinders or obstructs any other person in the exercise of any of the powers conferred by subsection (1) shall be guilty of an offence and liable on conviction to a fine not exceeding one thousand five hundred penalty units. (As amended by Act No. 13 of 1994) 52. Any consent granted under the provisions of this Act shall be in addition to and not in substitution for any consent required under any other written law or under any conditions or stipulations incorporated under the title of any land. 53. (1) The Minister may, by statutory instrument, make regulations for carrying this Act into effect. (2) In particular and without prejudice to the generality of the foregoing, such regulations may be made(a) prescribing the form of application, grant or refusal to subdivide or develop land, the information and documents to be submitted and the publication of any conditions of approval of such application; (b) defining the groups to which specific land and building uses shall belong;
Additional consent required

Regulations

(c) prescribing the form of preparation, modification, revocation and submission of a structure plan or local plan; (d) prescribing the form and contents of a planning survey, regional survey and plan; (e) prescribing anything which may or is to be prescribed.

(As amended by Act No. 21 of 1997) 54. The provisions of the former Act are hereby repealed:
Savings

Provided that any application to subdivide land or establish a township which had been granted under the former Act, but had not been fully approved in detail on the appointed day, shall remain subject to the provisions of the former Act up to the date of the final approval of the application or, if the applicant so desires, a fresh application may be made under the provisions of this Act. 55. (1) Any acts, orders and conditions lawfully done, given or imposed under the provisions of the former Act, or under the provisions of any town planning scheme or zoning scheme or zoning plan prepared under the former Act before the appointed day, shall remain in full force and effect and be deemed to have been lawfully done, given or imposed under this Act, but shall not in respect of anything done prior to the appointed day give rise to claims for compensation under Part VI: Provided that any order to prepare a town planning scheme under the Town Planning Act, Chapter 123 of the 1959 Edition of the Laws, in force immediately prior to the appointed day, other than an order in respect of the places mentioned in the First Schedule, shall have no force or effect. (2) The functions of the Town Planning Board and Responsible Authorities under the provisions of any scheme approved under section nineteen or twenty-eight of the former Act shall be exercised by the Minister: Provided thatActs, orders and conditions given or imposed under former Act

*(i) the Minister may delegate any such functions to a planning authority or any other persons subject to such conditions, directions or reservations as he thinks fit;

**(ii) the said functions shall be delegated to the appropriate planning authority set out in the First Schedule when any such scheme affects any of the areas set out in the First Schedule, and such delegation shall not be made subject to any conditions, directions or reservations. * (1) Powers delegated to Lusaka Planning Authority in respect of the following townships:Avondale Park Private Township (General Notice No. 2232 of 1965).Barlaston Park Township (General Notice No. 2232 of 1965).Buckley's Township (General Notice No. 2232 of 1965).Handsworth Park Township (Government Notice No. 258 of 1963).Jesmondene Private Township (General Notice No. 2232 of 1965).St Mary's Private Township (General Notice No. 2232 of 1965). (2) Powers delegated to Southern Planning Authority in respect of the following townships:Chelston Township (General Notice No. 1282 of 1963).Lilanda Estates Limited Private Township (General Notice No. 1121 of 1963). ** Powers delegated to appropriate City and Municipal Councils by Government Notice No. 23 of 1963. (3) For the purposes of this section"Responsible Authorities" means Responsible Authorities appointed under the provisions of section thirty-two of the former Act; "Town Planning Board" means the Town Planning Board constituted under the provisions of section seven of the former Act. (As amended by No. 25 of 1962)

FIRST SCHEDULE
(Sections 5, 24 and 55)

PLANNING AUTHORITIES WITH DELEGATED POWERS AND RESPONSIBILITIES ON THE APPOINTED DAY
Area City of Lusaka City of Kitwe City of Ndola Authority ............................................................ City Council of Lusaka ..............................................................City Council of Kitwe ..............................................................City Council of Ndola

Chingola Municipality ............................................................................................... Municipal Council of Chingola Kabwe Municipality ...................................................Municipal Council of Kabwe Livingstone Municipality.................................... Municipal Council of Livingstone Luanshya Municipality .............................................................................................. Municipal Council of Luanshya Mufulira Municipality................................................................................................ Municipal Council of Mufulira

SECOND SCHEDULE
(Sections 16 and 44) MATTERS FOR WHICH PROVISION MAY BE MADE IN A DEVELOPMENT PLAN Every development and regional plan shall have for its general purpose orderly, co-ordinated, harmonious and progressive development of the area and region to which it relates in order most effectively to promote health, safety, order, amenity, convenience and general welfare of all its inhabitants, as well as efficiency and economy in the process of development and the improvement of communications.

PART I. ROADS
1. Indicating proposals for the location of roads and the widening, improvement, realignment and extension of any roads. 2. Indicating proposals for the closure or diversion of existing roads and public and private rights of way and tracks. 3. Regulating the character, line, width, level and general dimension of roads, pavements and drains whether new or existing. 4. Providing for the reservation of land for parking, loading, unloading or fuelling of vehicles and for vehicular access points from adjoining land to any road.

PART II. PUBLIC SERVICES
Facilitating by reservation of land or any other measures the establishment, extension or improvement of works by local or township authorities or by undertakers, in relation to power, lighting, water supply, sewerage, sewage disposal, drainage, refuse disposal and other public services.

PART III. BUILDINGS AND OTHER STRUCTURES
1. Regulating and controlling either generally or in any particular area all or any of the following matters: (a) the size, height, spacing and location of buildings; (b) the density of development in any area either by designating the population, accommodation units, or buildings which may be established on any area or plot, or by designating the number and size of plots; (c) the number of buildings of a specified class or classes which may be established,

constructed or erected, temporarily or permanently; (d) the minimum cost per square foot of the building with a minimum overall cost of erection of the building and a minimum or maximum floor space of a building; (e) the purpose for and the manner in which buildings may or may not be used or occupied including in the case of dwelling-houses the letting thereof in separate tenements; (f) the removal, demolition or alteration of buildings or works which are inconsistent with or obstruct or retard the implementation of a development plan; (g) external appearance and materials of buildings and other structures. 2. Defining and regulating building lines.

PART IV. USE OF LAND
1. Providing for the control of the use and change of use of land zones and reservations for various purposes including(a) dwelling-houses, flats or other residential development of various classes and densities; (b) offices, shops and other commercial development; (c) industries of various classes and warehouses; (d) public buildings and places of assembly; (e) Government and local authority or township authority purposes; (f) cemeteries and crematoria; (g) schools; (h) agriculture, horticulture and forestry. 2. Providing for the permanent restriction or prohibition of the development of land on the grounds that(a) the land is physically unsuitable for building; (b) the development would be prejudicial to natural resources or to public health or other public interests or would be dangerous to human life. 3. Providing for the temporary restriction or prohibition of the development of land on the grounds that(a) the land is physically unsuitable for building; (b) the development would be prejudicial to natural resources or to public health or other public interests or would be dangerous to human life; (c) (d) the provision of public services would be uneconomic; the use is undetermined and awaiting zoning.

PART V. AMENITIES

1. Reserving of land for parks, recreation ground or other open space whether public or private. 2. Providing for the preservation of views, and places or features of natural beauty and interest. 3. Indicating or reserving sites of buildings and objects of archaeological, architectural, scientific or historical interest. 4. Preserving single trees, groups of trees and natural vegetation. 5. Prohibiting, restricting or otherwise controlling either generally or in any particular place the exhibition of all or any forms of advertising or public notice. 6. Prohibiting, restricting or otherwise controlling(a) (b) the deposit or disposal of disused vehicles or waste materials; the pollution of rivers, lakes, lake shores and ponds.

PART VI. TRANSPORT AND COMMUNICATIONS
Facilitating by the reservation of land and auxiliary protective measures the establishment, extension or improvement of(a) systems of transport whether overland or by water or by air; (b) telegraphic or telephonic communications.

PART VII. MISCELLANEOUS
1. Providing for and regulating agreements for any purpose of a development plan by the planning authority with owners and other persons and by such persons with one another. 2. Enabling the planning authority to permit reasonable extension to any existing buildings, uses or works which are not in conformity with or which contravene any provision of a development plan and to enter into an agreement with owners of non-conforming buildings, uses or works for continuation of such, for a period not exceeding twenty-five years, without compensation. 3. Indicating areas for the comprehensive redevelopment of land. 4. Any other matter not hereinbefore mentioned necessary or incidental to a development plan or its administration. (The mention of particular matters in this Schedule shall not be held to prejudice or affect the generality of any other matter.)

THIRD SCHEDULE
(Sections 25 and 28)

MATTERS WHICH MAY BE INCLUDED IN PERMISSION TO SUBDIVIDE
When considering applications for subdivision, the Minister or planning authority to whom functions have been delegated under section 24 may impose conditions of approval in respect of the following matters and, after implementation of such approval, the conditions shall be binding upon the owner, his successors and assigns: (1) The type and form of development to be carried out or permitted and the size, form and situation of holdings and the condition on which such holdings may be transferred. (2) The reservation of land for roads and public services or for any other purposes referred to in this Act for which land may be reserved. (3) (a) The character and type of roads or public services or other works including the standard of construction and maintenance of a road, water supply, drainage and sewerage works which are to be undertaken and completed by the applicant for subdivision at his cost; or (b) The character and type of roads or public services or other works including the standard of construction of a road, water supply, drainage and sewerage works which are to be undertaken and completed by the applicant for subdivision at his cost. (4) Provision as to the forms of security to be given by the applicant for the due performance by him of any conditions imposed and provision as to the right of the Minister or planning authority, as the case may be, to carry out any such conditions at the expense of the applicant. (5) The co-ordination of the subdivision of contiguous properties in order to ensure the proper development of such properties. (6) The registration by the applicant of any conditions imposed in the deed of title of the property. (7) Notification by the applicant in the Gazette of the conditions imposed in such a manner as the Minister may direct. (As amended by S.I. No. 65 of 1965)

SUBSIDIARY LEGISLATION

SECTION 3-THE TOWN AND COUNTRY PLANNING ACT (APPLICATION) ORDER Order by the President 1. This Order may be cited as the Town and Country Planning Act (Application) Order. 2. All the provisions of the Town and Country Planning Act shall apply to the area of Trust Land Number 1 the boundary whereof is described in the Schedue hereto.
Title

Application of the Town and Country Planning Act

SCHEDULE
Starting at the confluence of the Mwombezhi River and the Chalamba River, the boundary follows the Chalamba River upstream for 2,200 metres to point C (grid reference LS425465); thence on a bearing of 358 degrees for a distance of 2,600 metres to Beacon No. 6; thence on a bearing of 80 degrees for a distance of 1,000 metres to Beacon 7; thence on a bearing of 74 degrees for a distance of 500 metres to Beacon 8; thence on a bearing of 130 degrees for a distance of 2,650 metres to point A (grid reference LS459477) situated on the east bank of Mwombezhi River at the confluence of the Mwombezhi River and an unnamed river; thence following this unnamed river upstream to its source situated 600 metres north-east of the T5 road; thence on a bearing of 220 degrees for a distance of 1,550 metres crossing the T5 road to point B (grid reference LS45448) at the source of an unnamed river; thence down this unnamed river to its confluence with the Mwombezhi River; thence up the Mwombezhi River to its confluence with Chalamba River, the point of starting. All bearings and distances are approximate. The above described area, in extent 1,450 hectares approximately, is shown bordered green on Plan No. MWO\1, deposited in the office of the Commissioner for Town and Country Planning. (S.I. no. 102 of 1976) SECTION 3-THE TOWN AND COUNTRY PLANNING

ACT (APPLICATION) ORDER Order by the President 1. This Order may be cited as the Town and Country Planning Act (Application) Order. 2. All the provisions of the Town and Country Planning Act shall apply to those areas of Trust Land No. I in the Zambezi District and Trust Land No. XX in the Kawambwa and Samfya Districts that fall within the boundaries of the areas described in the Schedule hereto.
Title

Application of the Town and Country Planning Act

SCHEDULE
KAWAMBWA
Starting at point A, the junction of the main Mansa-Kawambwa Road with a road connecting the Kawambwa-Mushota Road to the main Mansa-Kawambwa Road the boundary proceeds westwards in a straight line for a distance of 2,000 metres to point B on a footpath; thence in a north-westerly direction along this footpath for a distance of 175 metres to where it meets the road running to the west from Old Messenger's Compound; thence along this road in a north-easterly direction for a distance of 60 metres to point C; thence in a north-westerly direction for a distance of 1,370 metres to point D which is 114 metres north of the centre line of the road from Kawambwa to Chief Munkanta's Village; thence north-eastwards for a distance of 380 metres to point E on the track running north from Kawambwa-Munkanta Road; thence northwards along this track to an unnamed stream; thence up this stream to its source and on to the junction of the Kawambwa-Mporokoso Road with the Kawambwa-Nchelenge Road; thence south-eastwards following a cut line for a distance of 310 metres to point F; thence northwards for a distance of 200 metres to point G; thence south-eastwards along a footpath for a distance of 375 metres to point H; thence in an easterly direction for a distance of 780 metres to point J; thence southwards for a distance of 1,140 metres to the north-eastern corner of the Kawambwa Airfield; thence southwards for a distance of 1,140 metres to the north-eastern corner of the Kawambwa Airfield; thence for a distance of 125 metres to point K the south-eastern corner of the aforesaid Airfield; thence following the footpath in a south-westerly direction for a distance of 150 metres to where it meets the

Kawambwa-Mushota Road; thence south-westwards in a straight line for a distance of 1,720 metres to point A, the point of starting. All distances are approximate. The above described area is in extent 810 hectares approximately.

SAMFYA
Starting at point A, situated at the north-eastern corner of the Forest Plantation, the boundary proceeds in a westerly direction for a distance of 1,710 metres to point B, where this line meets the edge of the Chimana Dambo; thence following the edge of this dambo in a north-easterly direction for a distance of 3,230 metres to point C, where the main Samfya-Mansa road crosses the dambo; thence following this road in a north-westerly direction for a distance of 1,190 metres to point D; thence on a bearing of 85.5 degrees for a distance of 180 metres to point E, the junction of a track that runs along the north-western boundary of the Secondary School with a minor road running to the north of the main Samfya-Mansa road; thence north-eastwards, northwards and north-westwards along the centre of the road past the Secondary School and continuing along this road for a total distance of 3,360 metres to point F; thence eastwards through Lake Chifunauli for a distance of 3,042 metres to its intersection with the Lake Bangweulu shoreline; thence southwards along the Lake shoreline for a distance of 6,803 metres to the mouth of the Makula Dambo adjacent to the Samfya Harbour entrance; thence along the northern edge of this dambo to a point and then leaving the edge of the dambo westwards across the road on to point G, on the south-eastern boundary of the Forest Plantation for a total distance of 3,130 metres; thence following the plantation boundary northwards for a distance of 2,100 metres to point A, the point of starting. All bearings and distances are approximate. The above described area is in extent 670 hectares approximately.

ZAMBEZI
Starting from point A, at the centre line of the intersection of the Zambezi-Chavuma Road and Chilenga Stream, the boundary proceeds upstream along its centre line, for a distance of 550 metres to point B, where the footpath from the Chilenga Primary School crosses the Chilenga Stream; thence on a straight line on a bearing of 125 degrees for a distance of 3,300 metres to the intersection of the Lishipa Village track with the main track leading towards the sand and gravel pits, south-west of Lishipa Village; thence along the latter track for a distance of 280 metres to point C; where the minor track crosses the Luampungu

Stream; thence following the stream centre line downstream for a distance of 1,200 metres to point D, where the Old Kabompo Road crosses the stream; thence along the centre line of the road in an easterly direction for a distance of 40 metres to point E; thence following the track on a bearing of 185 degrees for a distance of 785 metres to the main Zambezi-Kabompo Road at point F; thence on a bearing of 208 degrees for a distance of 1,900 metres to point G on the Zambezi-Chitokoloki Road, 840 metres south-east of the low cost housing area attached to the Secondary School; thence on a bearing of 268 degrees for a distance of 980 metres touching the northern edge of permanent water on Lake Musekelembwa to point H, on a track from Secondary School to the small pier on the Zambezi River; thence following this track for a distance of 680 metres to point I which is adjacent to the pier; thence in a straight line across the Zambezi River on a bearing of 203 degrees for a distance of 230 metres to point J; thence up the Zambezi River along the western bank for a distance of 780 metres to point K, the confluence of Mwalya Stream with the Zambezi River; thence the boundary follows the eastern bank of Mwalya Stream to where it meets Lake Mwalya; thence following the eastern edge of that lake's permanent water to point L, at the estuary of an unnamed stream for a total distance of 2,580 metres; thence in a straight line on a bearing of 355 degrees for a distance of 1,000 metres to the Old Zambezi/Chinyama Litapi causeway at point M, being the beacon marking the most westerly point of the former Boma Boundary; thence along the old causeway for a distance of 780 metres to point N, being the former pontoon mooring (now crossing point); thence across the Zambezi on a bearing of 40 degrees for a distance of 320 metres to the old pontoon mooring on the eastern bank at point O; thence along the more northerly track on a bearing of 60 degrees for a distance of 100 metres to point P, whereat the track meets the boundary between the flats/dambo area and the permanently well drained land; thence in a northerly direction along the boundary between the flats and the permanently well drained ground for a distance of 1,550 metres to the centre line of the new Chinyama Litapi track at point Q; thence following the centre line of the track eastwards for a distance of 120 metres to point R being the intersection with the centre line of the Zambezi-Chavuma Road; thence along this road on a bearing of 335 degrees for a distance of 730 metres to point A, the point of starting. All bearings are from true north and all distances are approximate. The above described area, in extent 1,500 hectares approximately, is shown bordered green on Plan No. T2/2, deposited in the office of the Surveyor-General, signed by him and dated the 7th July, 1976. (S.I. no. 45 of 1978) SECTION 3-THE TOWN AND COUNTRY PLANNING

ACT (APPLICATION) ORDER Order by the President 1. This Order may be cited as the Town and Country Planning Act (Application) Order, 2. All the provisions of the Act shall apply to Customary Areas defined in section two of the Lands Act.
Title

Application of Cap. 184

SCHEDULE
(Paragraph 2)

AREA IN KAPUTA RURAL DISTRICT TO WHICH THIS ACT APPLIES
Starting from point A which is situated approximately 1.6 kilometres offshore in Lake Tanganyika and due north east of Sumbu Old Boma; the boundary proceeds on a bearing of approximately 220 degrees for a distance of 1.6 kilometres to Beacon D erected near Sumbu Old Boma; thence the boundary proceeds on a bearing of approximately 235 degrees for a distance of approximately 4.8 kilometres to Beacon C erected on the Chisala stream; thence the boundary proceeds on a bearing of approximately 336 degrees for a distance of about 5.8 kilometres to Beacon B on the boundary of the Tabwa Reserve No. XXXII and approximately 5 kilometres due west of Cape Kachese; thence the boundary proceeds along this reserve boundary to the point where it meets the shoreline of Lake Tanganyika; thence on a bearing of approximately 101 degrees for a distance of approximately 2.3 kilometres and passing above the northernmost tip of Sumbu Island to point A, the point of starting. All bearings are from magnetic north and all distances are approximate. The above described area, in extent 1,508 hectares approximately, is shown bordered green on Plan No. T153, deposited in the office of the Surveyor-General, signed by him and dated 11th December, 1980. (S.I. no 56 of 1981)

SECTION 3-THE TOWN AND COUNTRY PLANNING ACT (APPLICATION) ORDER Order by the President 1. This Order may be cited as the Town and Country Planning Act (Application) Order. 2. All the provisions of the Town and Country Planning Act shall apply to Customary Areas contained within the boundaries of the area described in the Schedule hereto.
Title

Application of the Town and Country Planning Act

SCHEDULE
(Paragraph 2)

SIAVONGA
Starting at the point where the international boundary between Zambia and Zimbabwe crosses the Kariba Dam, the boundary proceeds in the southwesterly direction along the international boundary for a distance of approximately 4 450 metres to point A; thence on a bearing of 270 degrees for a distance of approximately 7 300 metres to point B; thence on a bearing of 0 degrees for a distance of approximately 4 900 metres to point C; thence on a bearing of 90 degrees for a distance of approximately 3 850 metres to point D; thence south-eastwards along a track leading to Sianzala Village for approximately 1 750 metres to point E; thence southwards, south of the Sianzala Village, eastwards and north-eastwards along the top of the hills for approximately 4 000 metres to point F; thence southwards for approximately 100 metres to the source of the Nansimba River; thence down the Nansimba River to its confluence with the Zambezi River and then in a straight line to the international boundary between Zambia and Zimbabwe; thence up the Zambezi River and following the said international boundary to Kariba Dam, the point of starting. All bearings and distances are approximate. Bearings are taken from Grid North. The above described area in extent 2 340 hectares approximately is shown bordered green on Plan No. T60\3, deposited in the office of the

Surveyor-General, signed by him and dated 26th October, 1981. (S.I. no 137 of 1981) SECTION 3-THE TOWN AND COUNTRY PLANNING ACT (APPLICATION) ORDER Order by the President 1. This Order may be cited as the Town and Country Planning Act (Application) Order, 1982. 2. All the provisions of the Town and Country Planning Act shall apply to Customary Areas contained within the boundaries of the area described in the Schedule hereto.
Title

Application of the Town and Country Planning Act

SCHEDULE
(Paragraph 2)

MONGU
Starting at point P1, being on the Lusaka Road at the easternmost point of the previous Township Boundary, the new boundary runs southwards on a bearing of 175 degrees for a distance of 2,900 metres to P16, being the easternmost point of the new Cemetary Site; thence south-westwards on a bearing of 237 degrees for a distance of 1,390 metres to P15 on the Senanga Road; thence in a north-westerly direction along the western side of Senanga Road on a bearing of 327 degrees for a distance of 1,590 metres to P14; thence leaving the Senanga Road on a bearing of 292 degrees for a distance of 1,220 metres to P13; thence in a south-westerly direction on a bearing of 255 degrees for a distance of 540 metres to P12; thence it runs north-westwards following the bed of the second and lesser water-course for a distance of 1,160 metres to P10, which is the confluence of the two water-courses; thence in a north-easterly direction passing to the west of Maramba Harbour for a distance of 1,270 metres to P9 which lies on the water-course; thence in a north-easterly direction on a bearing of 35 degrees for a distance of 1,036 metres to P8 near the mouth of the Blue Gums Harbours; thence eastwards on a bearing of 85 degrees for a distance of 570 metres to P7 on the western side of the Limulunga Road opposite the present market; thence on a bearing of 35 degrees for a distance of 945 metres to P6 on

the Limulunga Road; thence northwards following the road for a total distance of 1,500 metres to P5 at the north-west extremity of "ex W.N.L.A. Compound", still on the Limulunga Road; thence eastwards on a bearing of 75 degrees for a distance of 1,560 metres to P4; thence southwards on a bearing of 170 degrees for a distance of 1,850 metres to P3 on the road; thence along the Airport approach road westwards on a bearing of 260 degrees for a distance of 120 metres to P2; thence southwards joining the previous Township Boundary on a bearing of 170 degrees for a total distance of 1,140 metres to P1 on the Lusaka Road, the point of starting. All bearings and distances are approximate. The above described area, in extent 1,390 hectares approximately, is shown bordered green on Plan No. T79/2, deposited in the office of the Surveyor-General, signed by him and dated 10th February, 1975. (S.I. no 120 of 1982) SECTION 3-THE TOWN AND COUNTRY PLANNING ACT (APPLICATION) ORDER, 1983 Order by the President 1. This Order may be cited as the Town and Country Planning Act (Application) Order. 2. All the provisions of the Town and Country Planning Act shall apply to Customary Areas contained within the boundaries of the area described in the Schedule hereto. (S.I. no. 153 of 1983)
Title

Application of the Town and Country Planning Act

SCHEDULE
(Paragraph 2)

SENANGA
Starting at the intersection of Roads M10 and RD321, the boundary proceeds on a bearing of 280 degrees for a distance of 380 metres; thence on a bearing of 350 degrees for a distance of 400 metres; thence on a bearing of 4 degrees for a distance of 5,300 metres; thence on a bearing of 15 degrees for a distance of 750 metres; thence on a bearing

of 328 degrees for a distance of 400 metres; thence on a bearing of 312 degrees for a distance of 570 metres; thence on a bearing of 317 degrees for a distance of 200 metres; thence on a bearing of 322 degrees for a distance of 360 metres; thence on a bearing of 353 degrees for a distance of 80 metres; thence on a bearing of 75 degrees for a distance of 960 metres; thence on a bearing of 8 degrees for a distance of 1,430 metres, along the Mongu/Senanga Road, thence on a bearing of 90 degrees for a distance of 3,400 metres; thence on a bearing of 180 degrees for a distance of 2 370 metres; thence on a bearing of 270 degrees for a distance of 730 metres; thence on a bearing of 217 degrees for a distance of 2 950 metres; thence on a bearing of 273 degrees for a distance of 630 metres; thence on a bearing of 280 degrees for a distance of 150 metres to the intersection of Roads M10 and RD321, the point of starting. All distances and bearings are approximate, and all bearings are from true North. The above described area in extent 1,350 hectares approximately is shown bordered green on Plan No. T67/1 deposited in the office of the Surveyor-General, signed by him and dated 6th July, 1983. SECTION 3-THE TOWN AND COUNTRY PLANNING ACT (APPLICATION) ORDER Order by the President 1. This Order may be cited as the Town and Country Planning Act (Application) Order, 1984. 2. All the provisions of the Town and Country Planning Act shall apply to Customary Areas contained within the boundaries of the area described in the Schedule hereto.
Title

Application of the Town and country Planning Act

SCHEDULE
(Paragraph 2)

KALABO
Starting at Beacon A at the intersection of Road D316 and D319, the boundary proceeds on bearing of 353 degrees for a distance of 450 metres to Beacon B; thence on a bearing of 36 degrees for a distance of

250 metres to Beacon C; thence on a bearing of 60 degrees for a distance of 180 metres to Beacon D; thence on a bearing of 113 degrees for a distance of 500 metres to Beacon E; thence on a bearing of 46 degrees for a distance of 150 metres to Beacon F; thence on a bearing of 69 degrees for a distance of 150 metres to Beacon G; thence on a bearing of 111 degrees for a distance of 120 metres to Beacon H; thence on a bearing of 130 degrees for a distance of 380 metres to Beacon J; thence on a bearing of 80 degrees for a distance of 170 metres to Beacon K; thence on a bearing of 45 degrees for a distance of 440 metres to Beacon L; on the Luanginga River; thence along the right bank of the Luanginga River for 6 000 metres to its confluence with an unnamed tributary; thence up this tributary to Beacon M at its source; thence on a bearing of 265 degrees for a distance of 1 950 metres to Beacon N on the western edge of the Kalabo-Kalongola Pontoon Road D319; thence along this road for 1 259 metres to Beacon P; thence on a bearing of 266 degrees for a distance of 330 metres to Beacon Q; thence on a bearing of 356 degrees for a distance of 500 metres to Beacon R; thence on a bearing of 86 degrees for a distance of 330 metres to Beacon S on Road D319; thence along this road for a distance of 340 metres to Beacon A, the point of starting. All distances are approximate, and all bearings are from true north. The above described area in extent 1 085 hectares approximately is shown bordered green on Plan No. T21/1 deposited in the Office of the Surveyor-General, signed by him and dated 6th July, 1983. (S.I. no 73 of 1984) SECTION 3-THE TOWN AND COUNTRY PLANNING ACT (APPLICATION) (NO.2) ORDER Order by the President 1. This Order may be cited as the Town and Country Planning Act (Application) (No. 2) Order. 2. All the provisions of the Town and Country Planning Act shall apply to Customary Areas contained within the boundaries of the area described in the Schedule hereto.
Title

Application of the Town and country Planning Act

SCHEDULE
(Paragraph 2)

LUKULU
Starting at Beacon F, the north-eastern corner beacon of the airfield, the boundary proceeds on a bearing of 161 degrees for a distance of 190 metres to Beacon G; thence on a bearing of 184 degrees for a distance of 2 350 metres to Beacon H; thence on a bearing of 125 degrees for a distance of 190 metres to Beacon L6 passing through Beacon L5; thence in a southerly direction on a bearing of 149 degrees for a distance of 370 metres to Beacon L7; thence westwards on a bearing of 243 degrees for a distance of 420 metres to Beacon L8; thence on a bearing of 274 degrees for a distance of 370 metres to Beacon L9; thence on a bearing of 306 degrees for a distance of 450 metres to Beacon L10; thence on a bearing of 239 degrees for a distance of 340 metres to Beacon L11; thence on a bearing of 299 degrees for a distance of 730 metres to Beacon L12; thence on a bearing of 249 degrees for a distance of 940 metres passing through Beacon L13 to Beacon A on the eastern bank of the Zambezi River; thence on a bearing of 354 degrees for a distance of 3 170 metres to Beacon B on the north extremity of Sancta Maria Mission; thence eastwards on a bearing of 96 degrees for a distance of 620 metres to Beacon C; thence northwards on a bearing of 13 degrees for a distance of 180 metres to Beacon D, the western boundary of the leprosarium; thence eastwards on a bearing of 108 degrees following the northerly boundary of the leprosarium for a distance of 820 metres to Beacon E, on the northern boundary of the airfield; thence on a bearing of 67 degrees for a distance of 1 050 metres along the northern boundary of the said field to Beacon F, the point of starting. All distances are approximate, and all bearings are from true north. The above described area in extent 726 hectares approximately is shown bordered green on Plan No. T148, deposited in the office of the Surveyor-General, signed by him and dated 5th April, 1974. (S.I. no 74 of 1984) SECTION 3-THE TOWN AND COUNTRY PLANNING ACT (APPLICATION) (NO. 4) ORDER Order by the President 1. This Order may be cited as the Town and Country Planning Act (Application) (No. 4) Order, 1984. 2. All the provisions of the Town and Country Planning Act shall
Title

Application of the Town

apply to those areas of Trust Land contained within the boundaries of the area described in the Schedule hereto.

and Country Planning Act

SCHEDULE
(Paragraph 2)

NICHELENGE/KASHIKISHI
Starting at Beacon A on the Nchelenge/Munungo Road, about 130 metres north of the hospital, the boundary proceeds eastwards for a distance of about 1 005 metres to Beacon B; thence southwards for a distance of about 5 500 metres to Beacon C; thence westwards for a distance of about 1 600 metres to Beacon D; about 1 000 metres south of Nchelenge Boma on the Nchelenge/Mwense Road; thence westwards along a footpath for a distance of about 550 metres to Beacon E on the shore of Lake Mweru; thence northwards following the shore line for a distance of about 7 900 metres to Beacon F north of the hospital; thence south eastwards for a distance of about 460 metres to Beacon A, the point of starting. All distances are approximate. The above described area, in extent 1 600 hectares approximately, is shown bordered green on Plan No. T150 deposited in the Office of the Surveyor-General, signed by him and dated 1st October, 1976. (S.I. No 153 of 1984) SECTION 3-THE TOWN AND COUNTRY PLANNING ACT (APPLICATION) (NO. 3) ORDER Order by the President 1. This Order may be cited as the Town and Country Planning Act (Application) (No. 3) Order. 2. All the provisions of the Town and Country Planning Act shall apply to Customary Areas contained within the boundaries of the area described in the Schedule hereto.
Title

Application of the Town and Country Planning Act

SCHEDULE

(Paragraph 2)

MWENSE
Starting at the confluence of Mwense Stream and the Nsakaluba Stream the boundary follows eastwards along the western edge of Nsakaluba Stream for a distance of 2 700 metres to Beacon A; thence southwards for a distance of 2 100 metres to Beacon B on the Mwense River; thence downwards along the western edge of Mwense River for a distance of 2 500 metres to the confluence of Mwense Stream and Nsakaluba Stream, the point of starting. All distances are approximate. The above described area, in extent 400 hectares approximately, is shown bordered green on Plan No. T154 deposited in the office of the Surveyor-General, signed by him and dated 4th July, 1984. (S.I. No 152 of 1984) SECTION 3-THE TOWN AND COUNTRY PLANNING ACT (APPLICATION) ORDER Order by the President 1. This Order may be cited as the Town and Country Planning Act (Application) Order. 2. All the provisions of the Town and Country Planning Act shall apply to Customary Areas contained within the boundaries of the area described in the Schedule hereto.
Title

Application of the Town and Country Planning ActJ

SCHEDULE
(Paragraph 2)

KAOMA
Starting at the junction of the new Lusaka-Mongu Road, M9, and the road from Kaoma Township's Boma, D301 at point A, the boundary proceeds westwards along the Lusaka-Mongu Road for a distance of approximately 1 270 metres to point B, on the same road; thence northwards on a bearing of 0 degrees for approximately 1 250 metres to point C at the source of the Muhilo Stream; thence down the Muhilo

Stream for approximately 600 metres to point D; thence north westwards on a bearing of 341 degrees for a distance of approximately 250 metres to point E; thence north westwards on a bearing of 320 degrees for approximately 410 metres to point F; thence north westwards on a bearing of 343 degrees for a distance of 140 metres to point G on the northern edge of the Old Lusaka-Mongu Road, RD467; thence eastwards along the Old Lusaka-Mongu Road, RD467, for a distance of approximately 100 metres to point H; thence north westwards on a bearing of 347 degrees for a distance of approximately 180 metres to point J; thence north westwards on a bearing of 328 degrees for a distance of 550 metres to point K on the left bank of the Luena River; thence up the Luena River to its confluence with the Mulamatila Stream; thence up the Mulamatila Stream to its source at point L; thence southwards on a bearing of 181 degrees for a distance of approximately 2 080 metres to point M on the new Lusaka-Mongu Road, M9; thence along the Lusaka-Mongu Road, M9, for a distance of 2 100 metres to its junction with Road D301 at point A, the point of starting. All bearings and distances are approximate. The above described area in extent 1 445 hectares approximately, is shown bordered green on Plan No. T38/1 deposited in the office of the Surveyor-General, signed by him and dated 2nd December, 1983. (S.I. no 105 of 1985) SECTION 3-THE TOWN AND COUNTRY PLANNING ACT (APPLICATION) ORDER Order by the President 1. This Order may be cited as the Town and Country Planning Act (Application) Order. 2. All the provisions of the Town and Country Planning Act shall apply to Customary Areas contained within the boundaries of the area described in the Schedule hereto.
Title

Application of the Town and Country Planning Act

SCHEDULE
(Paragraph 2)

KAPUTA

Starting at the point where road D37 crosses Choma River, the boundary follows this road in a south westerly direction for a distance of approximately 1 530 metres to point A; thence on a bearing of 283 degrees for a distance of approximately 920 metres to point B; thence on a bearing of 348 degrees for a distance of approximately 1 140 metres to point C; thence on a bearing of 43 degrees for a distance of approximately 950 metres to point D on Choma River; thence down Choma River to the point where it is crossed by road D37, the point of starting. All distances and bearings taken from north are approximate. The above described area in extent 215 hectares approximately, is shown bordered green on Plan No. T156 deposited in the office of the Surveyor-General or signed by him and dated 26th April, 1985. (S.I. no 22 of 1986) SECTION 3-THE TOWN AND COUNTRY PLANNING ACT (APPLICATION) (NO. 2) ORDER Order by the President 1. This Order may be cited as the Town and Country Planning Act (Application) (No. 2) Order. 2. All the provisions of the Town and Country Planning Act shall apply to Customary Areas contained within the boundaries of the area described in the Schedule hereto.
Title

Application of the Town and Country Planning Act

SCHEDULE
(Paragraph 2)

CHIBOMBO
Starting at point A the junction of the Great North Road T2, and Chibombo Road R133, the boundary proceeds north-westwards along Chibombo Road R133 for a distance of approximately 3 100 metres to point B, thence eastwards along a track for a distance of approximately 3 300 metres to point C, a point on the boundary of Farm No. 2112, thence southwards along the boundary of Farm No. 2112 for a distance of approximately 1 700 metres to point D, a point north of the Great North

Road T2, thence in south-westerly direction along the Great North Road T2 for a distance of approximately 1 500 metres to point A the point of starting. All distances are approximate. The above described area in extent 600 hectares approximately, is shown bordered green on Plan No. T155 deposited in the office of the Surveyor-General, signed by him and dated 27th August, 1985. (S.I. no. 158 of 1985) SECTION 15-THE TOWN AND COUNTRY PLANNING (PREPARATION OF DEVELOPMENT PLAN) (MPIKA) ORDER Order by the Minister 1. This Order may be cited as the Town and Country Planning (Preparation of Development Plan) (Mpika) Order. 2. The Northern Planning Authority is hereby ordered to prepare a Development Plan for the area within the border edged blue on Plan No. MPI/84. 3. A copy of Plan No. MPI/84 may be inspected at the office of the Northern Planning Authority, Charter House, Buteko Avenue, Ndola, or at the office of the Mpika Township Council, during normal working hours until the 9th April, 1976, and any interested person may object to the preparation of the Development Plan to the Minister of Local Government and Housing, P.O. Box RW27, Lusaka, before the 9th April, 1976. (S.I. no 57 of 1976) SECTION 15-THE TOWN AND COUNTRY PLANNING (PREPARATION OF DEVELOPMENT PLAN) (CHOMA) ORDER Order by the Minister 1. This Order may be cited as the Town and Country Planning (Preparation of Development Plan) (Choma) Order.
Title Title

Order to prepare Development Plan

Deposit of Plan and submission of objections

2. The Southern Planning Authority is hereby ordered to prepare a Development Plan for the area within the blue border on Plan No. CHO/221. 3. A copy of Plan No. CHO/221 may be inspected at the office of the Southern Planning Authority, Government Road, Lusaka, or at the office of the Choma Township Council, during normal working hours until the 30th April, 1976, and any interested person may object to the preparation of the Development Plan to the Minister of Local Government and Housing, P.O. Box RW27, Lusaka, before the 30th April, 1976. (S.I. no 73 of 1976) SECTION 15-THE TOWN AND COUNTRY PLANNING (PREPARATION OF DEVELOPMENT PLAN) (KAPIRI MPOSHI) ORDER Order by the Minister 1. This Order may be cited as the Town and Country Planning (Preparation of Development Plan) (Kapiri Mposhi) Order. 2. The Southern Planning Authority is hereby ordered to prepare a Development Plan for the area within the border edged blue on Plan No. KAP/81. 3. A copy of Plan No. KAP/81 may be inspected at the office of the Southern Planning Authority, Government Road, Lusaka, or at the office of the Kapiri Mposhi Township Council, during normal working hours on any day not later than twenty-one days after the publication of this Order, and any interested person may object to the preparation of the Development Plan to the Minister of Local Government and Housing, P.O. Box RW27, Lusaka, within the aforesaid period. (S.I. no 79 of 1976) SECTION 18-THE TOWN AND COUNTRY PLANNING (LUSAKA DEVELOPMENT PLAN) (REVOCATION) ORDER

Order to prepare Development Plan

Title

Order to prepare Development Plan

Deposit of Plan and submission of objections

Order by the Minister 1. This Order may be cited as the Town and Country Planning (Lusaka Development Plan) (Revocation) Order. 2. Following upon the submission of a proposal by the Lusaka Planning Authority in terms of subsection (2) of section eighteen of the Town and Country Planning Act, it has been decided to revoke the Lusaka Development Plan as approved by Government Notice No. 289 of 1958 and Government Notice No. 8 of 1959 and the said Lusaka Development Plan together with the said Government Notices shall stand revoked on the expiry of forty-five days after the publication of this order. (S.I. no. 80 of 1976) SECTION 15-THE TOWN AND COUNTRY PLANNING (PREPARATION OF DEVELOPMENT PLAN) (LUSAKA) ORDER Order by the Minister 1. This Order may be cited as the Town and Country Planning (Preparation of Development Plan) (Lusaka) Order. 2. The Lusaka Planning Authority is hereby ordered to prepare a Development Plan for the area within the border edged blue on Plan No. LUS/357. 3. A copy of Plan No. LUS/357 may be inspected at the offices of the City Engineer, Civic Centre, Lusaka, during normal working hours on any day not later than forty-five days after the publication of this Order, and any interested person may object to the preparation of the Development Plan to the Minister of Local Government and Housing, P.O. Box RW27, Lusaka, within the aforesaid period. 4. The Government Notices and the Statutory Instrument specified in the Schedule are hereby revoked.
Title Title

Revocation of Lusaka Development Plan

Order to prepare Development Plan

Deposit of Plan and sub-mission of objections

Revocation

SCHEDULE
Government Notice No. 306 of 1951 Government Notice No. 301 of 1952 Government Notice No. 115 of 1956 Government Notice No. 274 of 1963 Government Notice No. 45 of 1964 Statutory Instrument No. 299 of 1965

(S.I. no 81 of 1976) SECTION 15-THE TOWN AND COUNTRY PLANNING (PREPARATION OF DEVELOPMENT PLAN) (MWOMBEZHI) NOTICE Order by the Minister 1. This Notice may be cited as the Town and Country Planning (Preparation of Development Plan) (Mwombezhi) Notice. 2. (1) The Northern Planning Authority is hereby ordered to prepare a development plan for the area within the border edged blue on Plan No. MWO/3. (2) The Order contained in sub-paragraph (1) shall not come into operation until the expiration of a period of forty-five days after the date on which this Notice is published in the Gazette. 3. (1) A copy of Plan No. MWO/3 may be inspected at the office of the Northern Planning Authority, Charter House, Buteko Avenue, Ndola, or at the office of the District Secretary, Solwezi, during normal working hours on any day during the period of forty-five days following the publication of this Notice in the Gazette. (2) Any interested person who objects to the preparation of the development plan may, within the period of twenty-one days following the publication of this Notice in the Gazette, send his objection in writing to the Minister, Ministry of Local Government and Housing, P.O. Box RW27, Lusaka. (S.I. no 141 of 1976)
Inspection of development plan and submission of objections Title

Order to prepare development plan

SECTION 15-THE TOWN AND COUNTRY PLANNING (PREPARATION OF DEVELOPMENT PLAN) (MAZABUKA) ORDER Order by the Minister 1. This Order may be cited as the Town and Country Planning (Preparation of Development Plan) (Mazabuka) Order. 2. The Southern Planning Authority is hereby ordered to prepare a Development Plan for the area within the blue border on Plan No. MAZ/94. 3. A copy of Plan No. MAZ/94 may be inspected at the office of the Southern Planning Authority, Government Road, Lusaka, or at the office of the Mazabuka Township Council, during normal working hours on any day not later than twenty-one days after the publication of this Order, and any interested person may object to the preparation of the Development Plan to the Minister of Local Government and Housing, P.O. Box RW27, Lusaka, within the aforesaid period. (S.I. no 50 of 1977) SECTION 15-THE TOWN AND COUNTRY PLANNING (PREPARATION OF DEVELOPMENT PLAN) (KAFUE) ORDER Order by the Minister 1. This Order may be cited as the Town and Country Planning (Preparation of Development Plan) (Kafue) Order, 1977. 2. The Southern Planning Authority is hereby ordered to prepare a development plan for the area within the blue border on Plan No. KAF/116. 3. A copy of Plan No. KAF/116 may be inspected at the office of the Southern Planning Authority, Government Road, Lusaka, or at the office of Kafue Township Council, during normal working hours on any day not later than twenty-one days after the publication of this Order, and any interested person may object to the preparation of the
Title Title

Order to prepare Development Plan

Deposit of Plan and submission of objections

Order to prepare development plan

Inspection of plan and submission of objections

development plan to the Minister of Local Government and Housing, P.O. Box RW27, Lusaka, within the aforesaid period. (S.I. no. 64 of 1977) SECTION 15-THE TOWN AND COUNTRY PLANNING (PREPARATION OF DEVELOPMENT PLAN) (MANSA) ORDER Order by the Minister 1. This Order may be cited as the Town and Country Planning (Preparation of Development Plan) (Mansa) Order. 2. The Northern Planning Authority is hereby ordered to prepare a development plan for the area within the green border on Plan No. T17/3. 3. A copy of Plan No. T17/3 may be inspected at the office of the Northern Planning Authority, Charter House, Buteko Avenue, Ndola, or at the office of the Mansa Township Council, during normal working hours on any day not later than twenty-one days after the publication of this Order, and any interested person may object to the preparation of the Development Plan to the Minister of Local Government and Housing, P.O. Box RW27, Lusaka, within the aforesaid period. (S.I. no 143 of 1977) SECTION 15-THE TOWN AND COUNTRY PLANNING (PREPARATION OF DEVELOPMENT PLAN) (LUANSHYA) ORDER 1. This Order may be cited as the Town and Country Planning (Preparation of Development Plan) (Luanshya) Order. 2. The Luanshya Planning Authority is hereby ordered to prepare a development plan for the area within the green border on Plan No. T82/7. 3. A copy of Plan No. T82/7 may be inspected at the office of the Town Engineer, Civic Centre, Luanshya, during normal working hours on any
Title Title

Order to prepare development plan

Deposit of plan and submission of objections

Order to prepare development plan

Inspection of plan and sub-mission of objections

day not later than twenty-one days after the publication of this Order, and any interested person may object to the preparation of the development plan to the Minister of Local Government and Housing, P.O. Box RW27, Lusaka, within the aforesaid period. (S.I. no 144 of 1977) SECTION 18-THE TOWN AND COUNTRY PLANNING (LUANSHYA DEVELOPMENT PLAN) (REVOCATION) ORDER Order by the Minister 1. This Order may be cited as the Town and Country Planning (Luanshya Development Plan) (Revocation) Order. 2. Following upon the submission of a proposal by the Luanshya Planning Authority in terms of subsection (2) of section eighteen of the Town and Country Planning Act, it has been decided to revoke the Luanshya Development Plan as approved by Government Notice No. 187 of 1961 and the said Luanshya Development Plan together with the said Government Notice shall stand revoked on the expiry of forty-five days after the publication of this Order. (S.I. no 145 of 1977) SECTION 24-THE TOWN AND COUNTRY PLANNING (DELEGATION OF FUNCTIONS) (NORTHERN PLANNING AUTHORITY) ORDER Order by the Minister 1. This Order may be cited as the Town and Country Planning (Delegation of Functions) (Northern Planning Authority) Order. 2. The functions of the Minister under subsections (1) and (2) of section twenty-five of the Act relating to the grant or refusal of permission to develop or subdivide land in respect of the areas of the Kalulushi Township and the Chiliabombwe Township are hereby delegated to the Northern Planning Authority. (S.I. no 175 of 1977)
Title Title

Revocation of Luanshya Development Plan

Delegation of functions

SECTION 15-THE TOWN AND COUNTRY PLANNING (PREPARATION OF DEVELOPMENT PLAN) (CHILILABOMBWE) ORDER Order by the Minister 1. This Order may be cited as the Town and Country Planning (Preparation of Development Plan) (Chililabombwe) Order. 2. The Northern Planning Authority is hereby ordered to prepare a development plan for the area within the green border on Plan No. C.1. 3. A copy of Plan No. C.1. may be inspected at the office of the Northern Planning Authority, Buteko House, Buteko Avenue, Ndola and at the office of the Chililabombwe Township Council, during normal working hours on any day not later than twenty-one days after the publication of this Order, and any interested person who objects to the preparation of the development plan may send his objection in writing to the Minister of Local Government and Housing, P.O. Box RW27, Lusaka, within the aforesaid period. (S.I. no 200 of 1977) SECTION 15-THE TOWN AND COUNTRY PLANNING (PREPARATION OF DEVELOPMENT PLAN) (CHINGOLA) ORDER Order by the Minister 1. This Order may be cited as the Town and Country Planning (Preparation of Development Plan) (Chingola) Order. 2. The Chingola Planning Authority is hereby ordered to prepare a development plan for the area within the green border on Plan No. C.17. 3. A copy of Plan No. C.17 may be inspected at the office of the Town Engineer, Civic Centre, Chingola, during normal working hours on any day not later then twenty-one days after the publication of this Order, and any interested person who objects to the preparation of the
Title Title

Order to prepare development plan

Inspection of Plan and submission of objections

Order to prepare development plan

Inspection of Plan and submission of objections

development plan may send his objection in writing to the Minister of Local Government and Housing, P.O. Box RW27, Lusaka, within the aforesaid period. 4. The Government Notices specified in the Schedule are hereby revoked. (S.I. No. 201 of 1977)
Revocation

SCHEDULE
(Paragraph 4)
Government Notice No. 351 of 1959 Government Notice No. 377 of 1963

SECTION 15-THE TOWN AND COUNTRY PLANNING (PREPARATION OF DEVELOPMENT PLAN) (NDOLA) ORDER Order by the Minister 1. This Order may be cited as the Town and Country Planning (Preparation of Development Plan) (Ndola) Order. 2. The Ndola Planning Authority is hereby ordered to prepare a development plan for the area within the green border on Plan No. T122/7. 3. A copy of Plan No. T122/7 may be inspected at the office of the City Engineer, Civic Centre, Ndola, during normal working hours on any day not later than twenty-one days after the publication of this Order, and any interested person may object to the preparation of the Development Plan to the Minister of Local Government and Housing, P.O. Box RW27, Lusaka, within the aforesaid period. (S.I. no 210 of 1977) SECTION 18-THE TOWN AND COUNTRY PLANNING (CHINGOLA DEVELOPMENT PLAN) (REVOCATION) ORDER Order by the Minister
Title

Order to prepare development plan

Inspection of plan and submission of objections

1. This Order may be cited as the Town and Country Planning (Chingola Development Plan) (Revocation) Order. 2. Following upon the submission of a proposal by the Chingola Planning Authority in terms of subsection (2) of section eighteen of the Town and Country Planning Act, it has been decided to revoke the Chingola Development Plan as approved by Government Notice No. 351 of 1959 and the said Chingola Development Plan together with the said Government Notice shall stand revoked on the expiry of forty-five days after the publication of this Order. (S.I. no 80 of 1978) SECTION 15-THE TOWN AND COUNTRY PLANNING (PREPARATION OF DEVELOPMENT PLAN) (SAMFYA) ORDER Order by the Minister 1. This Order may be cited as the Town and Country Planning (Preparation of Development Plan) (Samfya) Order, 1978. 2. The Northern Planning Authority is hereby ordered to prepare a development plan for the area within the blue border on Plan No. SAM/54. 3. A copy of Plan No. SAM/54 may be inspected at the office of the Northern Planning Authority, Buteko House, Buteko Avenue, Ndola, or at the office of the Samfya Rural Council, during normal working hours on any day not later than twenty-one days after the publication of this Order, and any interested person may object to the preparation of the Development Plan to the Minister of Local Government and Housing, P.O. Box RW27, Lusaka, within the aforesaid period. (S.I. no 85 of 1978) SECTION 15-THE TOWN AND COUNTRY PLANNING (PREPARATION OF DEVELOPMENT PLAN) (ZAMBEZI) ORDER Order by the Minister

Title

Revocation of Chingola Development Plan

Title

Order to prepare development plan

Inspection of plan and submission of objections

1. This Order may be cited as the Town and Country Planning (Preparation of Development Plan) (Zambezi) Order. 2. The Northern Planning Authority is hereby ordered to prepare a development plan for the area bordered blue on Plan No. ZAM/172. 3. A copy of Plan No. ZAM/172 may be inspected at the office of the Northern Planning Authority, Buteko House, Buteko Avenue, Ndola, or at the office of the Zambezi Rural Council, during normal working hours on any day not later than twenty-one days after the publication of this Order, and any interested person may object to the preparation of the Development Plan to the Minister of Local Government and Housing, P.O. Box RW27, Lusaka, within the aforesaid period. (S.I. no 86 of 1978) SECTION 15-THE TOWN AND COUNTRY PLANNING (PREPARATION OF DEVELOPMENT PLAN) (KAWAMBWA) ORDER Order by the Minister 1. This Order may be cited as the Town and Country Planning (Preparation of Development Plan) (Kawambwa) Order. 2. The Northern Planning Authority is hereby ordered to prepare a development plan for the area within the blue border on Plan No. KAW/87. 3. A copy of Plan No. KAW/87 may be inspected at the office of the Northern Planning Authority, Buteko House, Buteko Avenue, Ndola, or at the office of the Kawambwa Rural Council, during normal working hours on any day not later than twenty-one days after the publication of this Order, and any interested person may object to the preparation of the Development Plan to the Minister of Local Government and Housing, P.O. Box RW27, Lusaka, within the aforesaid period. (S.I. no 84 of 1978) SECTION 18-THE TOWN AND COUNTRY PLANNING

Title

Order to prepare development plan

Inspection of plan and submission of objections

Title

Order to prepare development plan

Inspection of plan and submission of objections

(MUFULIRA DEVELOPMENT PLAN) (REVOCATION) ORDER Order by the Minister 1. This Order may be cited as the Town and Country Planning (Mufulira Development Plan) (Revocation) Order. 2. Following upon the submission of a proposal by the Mufulira Planning Authority in terms of subsection (2) of section eighteen of the Town and Country Planning Act, it has been decided to revoke the Mufulira Development Plan as approved by Government Notice No. 174 of 1961 and the said Mufulira Development Plan together with the said Government Notice shall stand revoked on the expiry of forty-five days after the publication of this Order. (S.I. no 136 of 1978) SECTION 15-THE TOWN AND COUNTRY PLANNING (PREPARATION OF DEVELOPMENT PLAN) (MUFULIRA) ORDER Order by the Minister 1. This Order may be cited as the Town and Country Planning (Preparation of Development Plan) (Mufulira) Order. 2. The Mufulira Planning Authority is hereby ordered to prepare a development plan for the area within the green border on Plan No. T.77/11. 3. A copy of Plan No. T77/11 may be inspected at the office of the Town Engineer, Civic Centre, Mufulira, during normal working hours on any day not later than twenty-one days after the publication of this Order, and any interested person may object to the preparation of the Development Plan to the Minister of Local Government and Housing, P.O. Box RW27, Lusaka, within the aforesaid period. (S.I. no 137 of 1978)
Title Title

Revocation of Mufulira Development Plan

Order to prepare development plan

Inspection of plan and submission of objections

SECTION 15-THE TOWN AND COUNTRY PLANNING (PREPARATION OF DEVELOPMENT PLAN) (KASEMPA) ORDER Order by the Minister 1. This Order may be cited as the Town and Country Planning (Preparation of Development Plan) (Kasempa) Order. 2. The Northern Planning Authority is hereby ordered to prepare a development plan for the area within the blue border on Plan No. KASE/85. 3. A copy of Plan No. KASE/85 may be inspected at the office of the Northern Planning Authority, Provident House, Broadway, Ndola and at the office of the Kasempa Rural Council, during normal working hours on any day not later than twenty-one days after the publication of this Order, and any interested person who objects to the preparation of the development plan may send his objection in writing to the Minister of Local Government and Housing, P.O. Box RW27, Lusaka, within the aforesaid period. (S.I. no. 181 of 1978) SECTION 15-THE TOWN AND COUNTRY PLANNING (PREPARATION OF DEVELOPMENT PLAN) (MPULUNGU) ORDER Order by the Minister 1. This Order may be cited as the Town and Country Planning (Preparation of Development Plan) (Mpulungu) Order. 2. The Northern Planning Authority is hereby ordered to prepare a development plan for the area within the red border on Plan No. MPU/66A. 3. A copy of Plan No. MPU/66A may be inspected at the office of the Northern Planning Authority, Ninth Floor, Provident House, Broadway, Ndola and at the Office of the Mbala Rural Council during normal working hours on any day not later than twenty-one days after the
Title Title

Order to prepare development plan

Inspection of Plan and sub-mission of objections

Order to prepare development plan

Inspection of Plan and sub-mission of objections

publication of this Order, and any interested person who objects to the preparation of the development plan may send his objection in writing to the Prime Minister, P.O. Box RW27, Lusaka, within the aforesaid period. (S.I. no 76 of 1979) SECTION 15-THE TOWN AND COUNTRY PLANNING (PREPARATION OF DEVELOPMENT PLAN) (ZAMBIA/TANZANIA RAILWAY CORRIDOR) NOTICE Notice by the Minister 1. This Notice may be cited as the Town and Country Planning (Preparation of Development Plan) (Zambia\Tanzania Railway Corridor) Notice. 2. The Northern Planning Authority is hereby ordered to prepare development plans for the areas within the borders on Plans specified in column 2 of the Schedule hereto. 3. Copies of the Plans specified in column 2 of the Schedule hereto may be inspected at the office of the Northern Planning Authority, Provident House, Broadway, Ndola, during normal working hours on any day not later than twenty-one days after the publication of this Notice, and any interested person who objects to the preparation of the development plans may send his objection to the Prime Minister, P.O. Box RW27, Lusaka, within the aforesaid period.
Title

Order to prepare development plans

Inspection of Plans and Submission of objections

SCHEDULE
(Paragraph 2) Area (1)
1. Nakonde/Mwenzo 2. Msanza 3. Ngumba 4. Kapwila 5. Luchinde 6. Chozi 7. Mtumba 8. Luchewe

Plan No. (2)
T152 TAZ/N/1 TAZ/N/1 TAZ/N/1 TAZ/N/1 T151 TAZ/N/2 TAZ/N/2

9. Mbopo 10. Kalulu 11. Makasa 12. Kasuwa 13. Iyaya 14. Chimba 15. Mulele 16. Nseluka 17. Mulambe 18. Kungu 19. Chibuli 20. Nkole 21. Ishitu 22. Nduta 23. Chambeshi 24. Mpepo 25. Labushi 26. Kasongo 27. Katumba 28. Kabuka

TAZ/N/2 TAZ/N/2 TAZ/N/2 TAZ/N/3 TAZ/N/3 TAZ/N/3 TAZ/N/3 TAZ/N/3 TAZ/N/3 TAZ/N/4 TAZ/N/4 TAZ/N/4 TAZ/N/4 TAZ/N/5 TAZ/N/5 TAZ/N/5 TAZ/N/5 TAZ/N/5 TAZ/N/5 TAZ/N/6

Area (1)
29. Milunga 30. Sabwa 31. Mwenda 32. Chilonga 33. Lusu River 34. Kapoko 35. Mikaeli 36. Kalonje 37. Salomo 38. Lubanshi 39. Mununga 40. Finkuli 41. Lubunga 49. Lukulu

Plan No. (2)
TAZ/N/6 TAZ/N/6 TAZ/N/6 TAZ/N/7 TAZ/N/7 TAZ/N/7 TAZ/N/7 TAZ/N/7 TAZ/N/7 TAZ/N/8 TAZ/N/8 TAZ/N/8 TAZ/N/3 TAZ/8/8

(S.I. no 179 of 1979) SECTION 15-THE TOWN AND COUNTRY PLANNING (PREPARATION OF DEVELOPMENT PLAN) (ZAMBIA\TANZANIA RAILWAY CORRIDOR) (NO. 2) NOTICE Notice by the Minister 1. This Notice may be cited as the Town and Country Planning (Preparation of Development Plan) (Zambia/Tanzania Railway Corridor) (No. 2) Notice.
Title

2. The Southern Planning Authority is hereby ordered to prepare development plans for the areas within the borders on Plans specified in column 2 of the Schedule hereto. 3. Copies of the Plans specified in column 2 of the Schedule hereto may be inspected at the office of the Southern Planning Authority, Government Road, Lusaka, during normal working hours on any day not later than twenty-one days after the publication of this Notice, and any interested person who objects to the preparation of the development plans may send his objection to the Prime Minister, P.O. Box RW27, Lusaka, within the aforesaid period.

Order to prepare development plans

Inspection of Plan and submission of objections

SCHEDULE
(Paragraph 2) Area (1)
1. Jumeni 2. Lushibashi 3. Kanona 4. Butetele 5. Chankalamo 6. Mulembo 7. Kabuluma

Plan No. (2)
TAZ/C/1 TAZ/C/1 TAZ/C/1 TAZ/C/2 TAZ/C/2 TAZ/C/2 TAZ/C/2

SECTION 15-THE TOWN AND COUNTRY PLANNING (PREPARATION OF DEVELOPMENT PLAN) (MUMBWA) NOTICE Notice by the Minister 1. This Notice may be cited as the Town and Country Planning (Preparation of Development Plan) (Mumbwa) Notice. 2. The Southern Planning Authority is hereby ordered to prepare a development plan for the area within the blue border on Plan No. MUM/13A.
Title

Order to prepare development plan

3. A copy of Plan No. MUM/13A may be inspected at the office of the Southern Planning Authority, Government Road, Lusaka, or at the office of the Mumbwa Rural Council, during normal working hours on any day not later than twenty-one days after the publication of this Notice, and any interested person who objects to the preparation of the development plan may send his objection to the Prime Minister, P.O. Box 50027, Lusaka, within the aforesaid period. (S.I. no 18 of 1981) SECTION 15-THE TOWN AND COUNTRY PLANNING (PREPARATION OF DEVELOPMENT PLAN) (SIAVONGA) NOTICE 1. This Notice may be cited as the Town and Country Planning (Preparation of Development Plan) (Siavonga) Notice. 2. The Southern Planning Authority is hereby ordered to prepare a development plan for the area within the red border on Plan No. SIA/119. 3. A copy of Plan No. SIA/119 may be inspected at the office of the Southern Planning Authority, Government Road, Lusaka, or at the office of the Siavonga Rural District Council, Siavonga, during normal working hours on any day not later than twenty-one days after the publication of this Notice, and any interested person who objects to the preparation of the development plan may send his objection to the Prime Minister, P.O. Box 50027, Lusaka, within the aforesaid period. SECTION 15-THE TOWN AND COUNTRY PLANNING (PREPARATION OF DEVELOPMENT PLAN) (MONGU) NOTICE Notice by the Minister 1. This Notice may be cited as the Town and Country Planning (Preparation of Development Plan) (Mongu) Notice. 2. The Southern Planning Authority is hereby ordered to prepare a development plan for the area within the red border on Plan No.

Inspection of plan and submission of objections

Title

Order to prepare development plan

Inspection of plan and sub-mission of objections

Title

Order to prepare development plan

MONG/146. 3. A copy of Plan No. MONG/146 may be inspected at the office of the Southern Planning Authority, Government Road, Lusaka, or at the office of the Mongu District Council, Mongu, during normal working hours on any day not later than twenty-one days after the publication of this Notice, and any interested person who objects to the preparation of the development plan may send his objection to the Prime Minister, P.O. Box 50027, Lusaka, within the aforesaid period. (S.I. no 176 of 1982) SECTION 15-THE TOWN AND COUNTRY PLANNING (PREPARATION OF DEVELOPMENT PLAN) (SENANGA) NOTICE Notice by the Minister 1. This Notice may be cited as the Town and Country Planning (Preparation of Development Plan) (Senanga) Notice. 2. The Southern Planning Authority is hereby ordered to prepare a development plan for the area within the blue border on Plan No. SENA/31. 3. A copy of Plan No. SENA/31 may be inspected at the office of the Southern Planning Authority, Government Road, Lusaka, or at the office of the Senanga District Council, Senanga, during normal working hours on any day not later than twenty-one days after the publication of this Notice, and any interested person who objects to the preparation of the development plan may send his objections to the Prime Minister, P.O. Box 50027, Lusaka, within the aforesaid period. (S.I. no 71 of 1984) SECTION 15-THE TOWN AND COUNTRY PLANNING ACT (PREPARATION OF DEVELOPMENT PLAN) (MWENSE) NOTICE. Notice by the Minister
Title Inspection of plan and submission of objections

Order to prepare development plan

Inspection of plan and submission of objections

1. This Notice may be cited as the Town and Country Planning Act (Preparation of Development Plan) (Mwense) Notice. 2. The Northern Planning Authority is hereby ordered to prepare a development plan for the area within the green border on Plan No. TPN/MWE/F13. 3. A copy of Plan No. TPN/MWE/F13 may be inspected at the office of the Northern Planning Authority, Profund House, Broadway Road, Ndola, or at the office of the Mwense District Council, Mwense, during normal working hours on any day not later than twenty-one days after the publication of this notice, any interested person who objects to the preparation of the development plan may send his objection to the Minister, P.O. Box 50027, Lusaka, within the aforesaid period. (S.I. no 116 of 1985) SECTION 15-THE TOWN AND COUNTRY PLANNING (PREPARATION OF DEVELOPMENT PLAN) (NCHELENGE) KASHIKISHIKI) NOTICE Notice by the Minister 1. This Notice may be cited as the Town and Country Planning (Preparation of Development Plan) (Nchelenge) Notice. 2. The Northern Planning Authority is hereby ordered to prepare a development plan for the area within the green border on Plan No. NCHE/10. 3. A copy of Plan No. NCHE/10 may be inspected at the office of the Northern Planning Authority, Profund House, Broadway Road, Ndola, or at the office of the Nchelenge District Council, Nchelenge, during normal working hours on any day not later than twenty-one days after the publication of this Notice, any interested person who objects to the preparation of the development plan may send his objections to the Minister, P.O. Box 50027, Lusaka, within the aforesaid period. (S.I. no. 123 of 1985) SECTION 15-THE TOWN AND COUNTRY PLANNING

Title

Order to prepare development plan

Inspection of plan and sub-mission of objections

Title

Order to prepare development plan

Inspection of plan and submission of objections

(PREPARATION OF DEVELOPMENT PLAN) (KAOMA) ORDER Order by the Minister 1. This Order may be cited as the Town and Country Planning (Preparation of Development Plan) (Kaoma) Order. 2. The Southern Planning Authority is hereby ordered to prepare a development plan for the area within the green border on Plan No. T. 38/1. 3. A copy of Plan No. T. 38/1 may be inspected at the office of the Southern Planning Authority, Government Road, Lusaka, or at the office of the Kaoma District Council, Kaoma, during normal working hours on any day not later than twenty-one days after the publication of this Order, and any interested person who objects to the preparation of the development plan may send his objections to the Minister of Decentralisation, P.O. Box 50027, Lusaka, within the aforesaid period. (S.I. no. 130 of 1986) SECTIONS 5-THE TOWN AND COUNTRY PLANNING (APPOINTMENT OF PLANNING AUTHORITIES) REGULATIONS Regulations by the Minister 1. These Regulations may be cited as the Town and Country Planning (Appointment of Planning Authorities) Regulations. 2. (1) The authorities set out in the First Schedule are hereby appointed as the planning authorities for the respective areas described in that Schedule. (2) The functions of the Minister under subsections (1) and (2) of section twenty-five of the Act relating to the grant or refusal of permission to develop or subdivide land are hereby delegated to the planning authorities set out in the Schedule for the respective areas described in that Schedule.
Title Title

Order to prepare development plan

Inspection of plan and submission of objections

Appointment of planning authorities

3. (1) Except for the appointments made under section five of the Act, any other appointments of planning authorities made prior to the date hereof in respect of the areas described in the Schedule are hereby revoked. (2) Except for the delegation of functions made under proviso (i) of subsection (1) of section twenty-four of the Act, any other delegation of functions made prior to the date hereof to any other planning authority in respect of the areas described in the Schedule are hereby revoked.

Revocation of prior appointments

SCHEDULE
(Regulations 2 and 3)

PLANNING AUTHORITIES
Area Central Province......................... Copperbelt Province................... Eastern Province ........................ Luapula Province ....................... Lusaka Province......................... Northern Province...................... North-Western Province ............ Southern Province...................... Western Province ....................... (S.I. no 12 of 1989) SECTION 5-THE TOWN AND COUNTRY PLANNING (PLANNING AUTHORITY PROCEDURE) REGULATIONS Regulations by the Minister 1. These Regulations may be cited as the Town and Country Planning (Planning Authority Procedure) Regulations.
Title Government Notice 418 of 1963

Authority Central Province Planning Authority Copperbelt Province Planning Authority Eastern Province Planning Authority Luapula Province Planning Authority Lusaka Province Planning Authority Northern Province Planning Authority North-Western Province Planning Authority Southern Province Planning Authority Western Province Planning Authority

2. These Regulations shall apply to all planning authorities appointed under the provisions of subsection (2) of section five of the Act. 3. In these Regulations, unless the context otherwise requires-

Application

Interpretation

"appointed person" means the chairman, members and alternate members of the authority; "authority" means a planning authority appointed under the provisions of subsection (2) of section five of the Act; "chairman" means the person appointed to be chairman of the planning authority, and shall include the appointed person elected to preside at a meeting in his absence; "executive officer" means the executive officer and secretary of an authority. 4. (1) An authority shall meet as often as occasion may require but at intervals of not more than three months. (2) The chairman shall convene a meeting of an authority on request by the Minister or person authorised to act on his behalf. 5. Three appointed persons shall form a quorum of a meeting of an authority: Provided that, in the case of the Copperbelt Planning Authority, four appointed persons shall be required to form a quorum. (As amended by S.I. no 29 of 1991) 6. The chairman shall preside at all meetings of an authority. In the absence of the chairman from a meeting at any time, the appointed persons present at that meeting shall elect one of their number to preside thereat.
Chairman Quorum Meetings

7. (1) All matters coming or arising before a meeting of an authority shall be decided by a majority of the appointed persons present and voting at the meeting. (2) The chairman shall have a deliberative vote, and in addition, in the event of an equality of votes, a casting vote. 8. The public may attend meetings of an authority, but no person may be heard or otherwise take part in any proceedings save by invitation of the authority. 9. An authority may at any time resolve into committee, whereupon the public shall withdraw and the proceedings and records of any matter thereof shall be confidential to the authority and such other persons as the Minister may decide from time to time. 10. (1) No appointed person shall vote upon or take part in any discussion at a meeting of an authority of any matter in which he has a direct or indirect financial interest, save that he may provide information on the matter by specific invitation of the other appointed persons. (2) Any appointed person having such an interest as aforesaid shall declare the same to the authority as soon as the discussion starts and shall thereupon retire and remain absent from the meeting while the matter is under discussion unless he is invited to provide information. (3) Any invitation to give information or any declaration of interest and retirement shall be recorded in the minutes. (4) The provisions of this regulation shall not apply to such person or persons who may be appointed to the Copperbelt Planning Authority by virtue of their employment with the Roan Selection Trust Limited and any of its subsidiary Mining Companies or the Anglo American Corporation Limited or any of its subsidiary Mining Companies in respect of any matters concerning any of the aforesaid companies. 11. An authority may authorise an appointed person or its executive officer or any other person authorised so to do to undertake matters on

Voting

Attendance by the public

Committee

Pecuniary interest of chairman and members in matters coming before the meeting

Persons to be authorised

its behalf. 12. Minutes of the proceedings of every meeting of an authority shall be regularly entered in a book to be kept for that purpose and shall be signed by the chairman at the subsequent meeting. 13. Every notice, plan or other document requiring authentication by an authority shall be sufficiently authenticated if signed by the person authorised so to do by a resolution of that authority. 14. Copies of all agendas and minutes of an authority shall be transmitted within one month of the meeting to the Minister and to any local or township authority concerned. SECTION 9-THE TOWN AND COUNTRY PLANNING (FEES AND ALLOWANCES) REGULATIONS
Minutes of meetings

Authentication of documents

Minutes

Government Notice 51 of 1963 Statutory Instrument 65 of 1965

Regulations by the Minister 1. These Regulations may be cited as the Town and Country Planning (Fees and Allowances) Regulations. 2. In these Regulations, unless the context otherwise requiresTitle

Fees

"adviser" means a person appointed by the president of the Tribunal, with the consent of the Minister, to advise the Tribunal on matters involving professional or special considerations. 3. (1) Any member of the Tribunal who is a Chartered Planner of the Town Planning Institute of the United Kingdom or who holds a similar qualification which has been approved by the Minister shall, for each hour when he is engaged in discharging his duties as a member of the Tribunal, receive a fee of 1 fee unit subject to a maximum fee of 47 fee units respect of any one day. The president, the vice-president and any other member of the Tribunal shall, in respect of any period when they are discharging their duties as members of the Tribunal, be entitled to such fees as are in accordance with the amounts laid down from time to time by Government direction.
Interpretation

(2) Any adviser shall, for each hour when he is engaged in so advising, receive a fee of 1 fee unit subject to a maximum in any one day of 47 fee units. (As amended by No. 65 of 1965 and Act No. 13 of 1993) 4. The president, the vice-president, members of the Tribunal and any adviser shall be paid such sum in respect of expenses incurred by them in travelling and subsistence when discharging their duties as is in accordance with the amounts laid down from time to time by Government direction. 5. Regulation 3 shall not apply to any person who being president, vice-president, a member of the Tribunal or an adviser is an officer of the public service.
Allowances

Non-application of regulation 3

THE TOWN AND COUNTRY PLANNING (APPEALS) REGULATIONS ARRANGEMENT OF REGULATIONS Regulation 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. Title Application Interpretation Notice of appeal and appellant's case Appeal not entertained Publication of advertisement calling for objections Objector's case Respondent's case Place and date of hearing Hearing on written statements Hearing of appeal in public Inspection of site Adjournment of appeal

14. 15. 16. 17. 18.

Determination of appeal Notification of decision Service of notice on Tribunal Costs and charges Applications

SCHEDULE-Prescribed forms SECTION 14-THE TOWN AND COUNTRY PLANNING (APPEALS) REGULATION Regulations by the Minister 1. These Regulations may be cited as the Town and Country Planning (Appeals) Regulations. 2. These Regulations shall apply to all appeals to the Tribunal made under the provisions of sections eleven, twenty-nine and thirty-one of the Act. 3. In these Regulations, unless the context otherwise requiresTitle Government Notice 50 of 1963

Application

Interpretation

"appellant" means any applicant or person or any local or township authority who appeals to the Tribunal; "interested party" means the appellant, respondent or any objector; "objector" means any person, other than an appellant or a respondent, who wishes to exercise his right to be heard in any appeal under the provisions of section eleven (1) (a) of the Act; "president" means the president of the Tribunal appointed under the provisions of section seven (1) of the Act; "respondent" means the Minister or planning authority against whose decision, enforcement notice or order an appeal is made to the Tribunal;

"secretary" means the secretary to the Tribunal appointed under the provisions of section seven (5) of the Act; "vice-president" means the vice-president of the Tribunal appointed under the provisions of section eight (1) of the Act. 4. (1) Every appeal to the Tribunal shall be instituted by serving on the secretary a written notice of appeal in quadruplicate signed by the appellant or his legal representative. Such notice of appeal shall include the residential or business and postal address of the appellant at which notices may be served. (2) When an appellant gives notice of appeal, he shall at the same time lodge with the secretary a statement in writing (hereinafter called the "appellant's case") in quadruplicate, setting forth the grounds of his appeal and all the facts which he considers material and relevant thereto and his contentions in law based thereon. (3) Upon serving notice of appeal on the secretary, the appellant shall forthwith serve a copy of such notice and of the appellant's case upon the respondent. 5. Where an appeal has been made under the provisions of section twenty-nine of the Act and it appears to the president or the vice-president that permission for the development or subdivision could not have been granted otherwise than subject to the conditions imposed having regard to the provisions of section twenty-five of the Act and of the appropriate development order and to any directions given under that order, he shall by notice served on the appellant and respondent give the reasons for his decision. 6. As soon as possible after the receipt of the notice of appeal, the president or the vice-president shall cause to be published in a newspaper circulating in the area where the premises at which the subject of the appeal are situated an advertisement in the form set out in Part I of the Schedule calling upon any objector to serve on the secretary, within twenty-eight days of the date of publication of the advertisement, written notice of his intention to be heard on the hearing of the appeal therein referred to.
Appeal not entertained Notice of appeal and appellant's case

Publication of advertisement calling for objections

7. (1) Every notice of intention to be heard shall be in quadruplicate and shall contain, in addition to the residential or business and postal address of the objector at which notices may be served, a statement (hereinafter called the "objector's case") setting forth the grounds of the objector for wishing to be heard and all the facts which he considers material and relevant thereto and his contentions in law based thereon. (2) Upon serving notice of intention to be heard on the secretary, the objector shall forthwith serve a copy of such notice upon the appellant and upon the respondent. 8. (1) Within fourteen days from the date of receipt of the copy of the appellant's case, or such longer period as the president or the vice-president in writing may agree, the respondent shall lodge with the secretary a statement in writing (hereinafter called the "respondent's case") in quadruplicate setting forth(a) the reasons for the decision appealed against;

Objector's case

Respondent's case

(b) which of the allegations in the appellant's case he admits as correct and which he denies; (c) all other facts which he considers relevant and material to the determination of the appeal; and (d) his contentions in law.

(2) Upon lodging the respondent' case with the secretary, the respondent shall forthwith serve a copy thereof on the appellant. (3) As soon as possible after the receipt of the respondent's case, the secretary shall serve notice on every objector informing him that he may during normal office hours at the office of the secretary inspect and take copies of the notice of appeal, the appellant' case and the respondent's case. 9. The secretary shall, when the president or the vice-president has appointed the place and date of hearing of an appeal, cause notice thereof to be served on the appellant, the respondent and all objectors, if
Place and date of hearing

any, and shall forthwith cause an advertisement thereof in the form set out in Part II of the Schedule to be published in a newspaper circulating in the area where the premises which are the subject of the appeal are situated. 10. (1) The appellant may, not less than seven days before the date appointed for the hearing of the appeal, serve on the secretary a written notice signed by himself, the respondent and all objectors, if any, requesting that the appeal be heard without appearances by the parties thereto on the notice of appeal, the appellant's case, the respondent's case and the objector's case. (2) If the president or the vice-president considers that such request is reasonable, the appeal may be determined on such notice of appeal, the appellant's case, the respondent's case and the objector's case or the Tribunal may, before determining the matter under appeal, require any interested party to submit within a time to be specified by the Tribunal any further information it may consider necessary. (3) Where any interested party without reasonable cause fails to submit within the time specified the further information required under the provisions of sub-regulation (2), the Tribunal may proceed to determine the matter of the appeal on such evidence as is before it. (4) Regulations 11, 12 (1), 13 and 18 shall not apply to an appeal heard under the provisions of this regulation. 11. (1) The Tribunal shall afford the appellant, the respondent and any objector or their legal representatives a full opportunity of being heard and of calling such evidence and producing such documents at the hearing of the appeal as may be deemed relevant and material. (2) The provisions of rule 9 of Order V of the High Court Rules shall apply, mutatis mutandis, to the hearing of any appeal to the Tribunal. (3) Where an appellant or an objector is not legally represented and the Tribunal considers that he is unable to do his case justice, it shall assist him to represent adequately his case by asking questions of any of the interested parties or by asking any witnesses such questions as it may
Hearing of appeal in public Hearing on written statements

Cap. 27

deem necessary. (4) In the absence of any or all of the interested parties or their legal representatives, the Tribunal may nevertheless proceed to determine the appeal on such evidence as is available to it. 12. (1) The Tribunal may, either at the request of any interested party or of its own volition, inspect the site to which the appeal relates. (2) The president or the vice-president at his discretion may request the Minister to appoint such a person as he considers suitable to inspect and report on the site to which the appeal relates and the adjacent area not less than fourteen days before the appeal is heard, and such report shall, if the appeal is heard in public, form part of the record of the proceedings, and any interested party shall be entitled to comment thereon, and for this purpose the secrtary shall by notice served submit a copy of such report to all the interested parties not less than seven days before the appeal is heard. 13. If for any reason it appears desirable to the Tribunal to adjourn an appeal or application, it shall have full power to do so upon such terms and for such time as seems fit. 14. The determination of every appeal shall be pronounced either immediately after the termination of the hearing or as soon as is reasonably practicable thereafter at some subsequent date. 15. (1) A decision of or an order made by the Tribunal shall contain reasons for its decision and for any conditions included therein, and a copy thereof shall be sent by registered post to the appellant and the respondent and to every objector as soon as possible thereafter. (2) Any decision of or order made by the Tribunal shall, on the copy sent to the appellant, include a statement to the effect that the appellant, if dissatisfied with the decision of the Tribunal, may, within twenty-eight days of such decision, appeal to the High Court against such decision. 16. A notice shall be sufficiently served on the Tribunal if it is served
Service of notice on Adjournment of appeal Inspection of site

Determination of appeal

Notification of decision

on the secretary at the official address of the Tribunal. 17. Any costs and charges imposed by the Tribunal may be recovered by civil action. 18. (1) All applications, including applications for an extension of time within which to appeal, shall be made to the Tribunal by notice and, upon serving such notice upon the Tribunal, the applicant shall serve a copy of such notice upon the respondent. (2) The notice shall state shortly the reasons upon which the application is based and shall contain the residential or business and postal address of the applicant and the respondent. (3) The secretary shall notify the applicant and the respondent of the date of hearing of the application. The applicant and the respondent shall be entitled to appear and be heard on such hearing.

Tribunal

Costs and charges

Applications

SCHEDULE
PRESCRIBED FORMS PART I (Regulation 6) FORM OF ADVERTISEMENT OF PUBLIC INQUIRY THE TOWN AND COUNTRY PLANNING ACT HEARING IN PUBLIC OF AN APPEAL
......................................................................................Development Plan NOTICE IS HEREBY GIVEN THAT ....................... of ................................. is appealing to the Town and Country Planning Tribunal against the refusal/conditions of approval\approval of the* .....................................................Planning Authority/Minister of Provincial and Local Government in respect of (describe application for planning permission) at (address of land to which appeal relates). Any person whose interest in any land may be affected by the decision of the Tribunal has the right to appear and be heard at this hearing and any person so wishing to appear and be heard shall within twenty-eight days from the date of publication of this notice serve notice

in writing on the Tribunal of his intention to appear and be heard and such notice shall include written grounds in quadruplicate for wishing to be heard. At the same time as such person serves notice on the Tribunal he shall serve a similar notice on the appellant and the* ................................................................Planning Authority/Minister of Provincial and Local Government, P.O. Box.....................................................and such notice shall include a copy of his grounds for wishing to be heard. Any other person who so wishes may attend the hearing but shall not be heard. Notices and other documents may be served on the above-named appellant at the following address ......................... (Signed)................................................................................. Secretary , Town and Country Planning Tribunal, P.O. Box RW.27, Lusaka. *Where necessary insert the Natural Resources Board.

PART II
(Regulation 9) FORM OF ADVERTISEMENT OF PUBLIC INQUIRY THE TOWN AND COUNTRY PLANNING ACT HEARING IN PUBLIC OF AN APPEAL ..........................................................................Development Plan NOTICE IS HEREBY GIVEN that the appeal by ............... ....................of....................................................................... against the decision of the* .............Planning Authority/ Minister of Provincial and Local Government in respect of his application for permission to develop/subdivide land situated at ............... ................................... will be heard in public at ..............a/p.m. on.......................................... the ..............day of........................................................19...... at ................................. Any person who has previously submitted representations or objections to the Tribunal in respect of this appeal has the right to appear and be heard. Any other person may attend this hearing but shall not be heard. (Signed)......................................................................... Secretary , Town and Country Planning Tribunal, P.O. Box RW.27, Lusaka. *Where necessary insert the Natural Resources Board.

SECTION 15-PREPARATION OF DEVELOPMENT PLANS Orders by the Minister The City of Lusaka Planning Authority is hereby ordered to prepare a development plan in respect of each of the following areas: (a) City of Lusaka Development Plan No. 2. The area at Chunga within the boundary shown on Plan No. TP.140/32. (b) City of Lusaka Development Plan No. 3. The area east of and including the Kafue Road and within the boundary shown on Plan No. TP.140/33. (c) Lusaka Development Plan No. 4. The two areas at Handsworth Park within the boundaries shown on Plan No. TP.140338. The City of Lusaka Planning Authority is hereby ordered to prepare the Lusaka Rural Development Plan in respect of the area contained within the inner edges of the boundary lines edged blue on Plan No. LUS-313. The Southern Planning Authority is hereby ordered to prepare a development plan for Chelston and any extension thereof. The Southern Planning Authority is hereby ordered to prepare a development plan in respect of Kabulonga. The Southern Planning Authority is hereby ordered to prepare a development plan for the area within the border edged blue on Plan No. JAM/134. The Kabwe Planning Authority is hereby ordered to prepare the Kabwe (Amending) Development Plan in respect of the area contained within the inner edges of the boundary line edged blue on Plan No. KA-7. The Copperbelt Planning Authority is hereby ordered to prepare a development plan in respect of the Copperbelt Province but excluding

Government Notices 274 of 1963 45 of 1964

Statutory Instrument 299 of 1965

Statutory Instrument 69 of 1965

Government Notice 175 of 1964

Statutory Instrument 120 of 1972

Statutory Instrument 279 of 1968

Government Notices 296 of 1962 322 of 1963 Statutory Instrument

all Trust Land and Reserves and all mine townships therein and excluding the City of Kitwe, the City of Ndola, Chingola Municipality, Luanshya Municipality and Mulfulira Municipality, and the said development plan shall be submitted for approval within a period of three years from the 14th December, 1962: Provided that this Order shall not apply to any area for which any other Order to prepare a development plan is made under the provisions of section fifteen of the Act. The City of Kitwe Planning Authority is hereby ordered to prepare a development plan in respect of the areas contained within the inner edges of the boundary lines coloured red on Plan No. TP/203/10. The City of Ndola Planning Authority is hereby ordered to prepare a development plan in respect of all extensions to the City of Ndola. The City of Ndola Planning Authority is hereby ordered to prepare a development plan in respect of the area contained within the City boundaries. The Chingola Planning Authority is hereby ordered to prepare a development plan in respect of the following area: Chingola Development Plan No. 2. The area within the boundary shown on Plan No. TP/INT/1963. The Livingstone Planning Authority is hereby ordered to prepare a development plan for the area within the border edged blue on Plan No. LIV/177. The Luanshya Planning Authority is hereby ordered to prepare a development plan in respect of the following area: Luanshya Development Plan No. 3

65 of 1965

Statutory Instrument 321 of 1967

Statutory Instrument 150 of 1967

Statutory Instrument 32 of 1969

Government Notice 377 of 1963

Statutory Instrument 256 of 1972

Government Notice 107 of 1964

The area within the boundary shown edged blue on Plan No. W/LUA/C/4. The Mufulira Planning Authority is hereby ordered to prepare a development plan in respect of the following area: Mufulira Development Plan No. 2. The areas "A", "B", "C", "D", "E", "F", "G", "H", "J", "K", "L", "M", and "N" within the boundaries shown on Plan No. IC/22. The Western Planning Authority is hereby ordered to prepare development plans in respect of all townships in the Copperbelt Province for which a township council has been appointed under section seven of the Local Government Act and any extensions of such townships. The Northern Planning Authority is hereby ordered to prepare a development plan in respect of each of the following: *(a) *(b) Samfya Kabompo.
Government Notice 106 of 1964 Government Notice 207 of 1963

Cap. 480

*A description of the area 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. SECTION 23-THE TOWN AND COUNTRY PLANNING DEVELOPMENT ORDER Order by the Minister
Government Notices 348 of 1962 98 of 1964 Statutory Instruments 65 of 1965 337 of 1969

1. This Order may be cited as the Town and Country Planning Development Order. 2. This Order shall apply to all land-

Title

Application

(a) in any area in respect of which there is an Order, made under the provisions of the Act, to prepare a development plan; and (b) in any area subject to an approved development plan; and (c) in such areas as are within a distance of twenty miles of the boundaries of any area mentioned in paragraph (a) or (b); and (d) in such other areas as may be specified by the Minister by statutory notice. 3. In this Order, unless the context otherwise requires"planning authority" means a planning authority to which functions have been delegated under the provisions of section twenty-four of the Act. (As amended by No. 65 of 1965) 4. As from the appointed day all development in the areas to which this Order applies shall require the grant of permission for the purposes of Part V of the Act. 5. (1) Subject to the provisions of this Order, development of any class specified in the Schedule is permitted by this Order and may be undertaken upon land to which this Order applies without the permission of the Minister or planning authority, as the case may be: Provided that the permission granted by this Order in respect of any such class of development shall be subject to any condition or limitation imposed in the Schedule in relation to that class. (2) Nothing in this paragraph or in the Schedule shall be deemed to permit any development which is not in accordance with any condition imposed when permission is granted or deemed to be granted under Part V of the Act otherwise than by this Order. 6. (1) If the Minister is satisfied that it is expedient that development of any of the classes specified in the Schedule should not be carried out in any particular area, or that any particular develop-ment of any of the said classes should not be carried out, unless permission is granted on an application in that behalf, the Minister may direct that the permission
Directions restricting permitted development Grant of permission Interpretation

Permitted development

granted by paragraph 5 shall not apply to(a) all or any development of all or any of the said classes in any particular area specified in the direction; or (b) any particular development, specified in the direction, falling within any of the said classes. (2) Notice of any direction specifying any particular area under paragraph (a) of sub-paragraph (1) shall be given by public notice by the Minister, and such notice shall contain a concise statement of the effect of the direction and name a place or places where a copy thereof and a map defining the area to which it relates may be seen at all normal hours of official business; and any such direction shall come into force on the date on which notice thereof is first published. (3) Notice of any direction specifying any particular development under paragraph (b) of sub-paragraph (1) shall be served by the planning authority on the owner of the land affected, and any such direction shall come into force on the date on which notice thereof is served on the owner. (4) No direction given or having effect under this paragraph shall have effect in relation to the carrying out in case of emergency of any development specified in the Schedule or, unless such direction specifically so provides, to the carrying out by statutory undertakers of the following operations: (a) maintenance of bridges, buildings and railway stations;

(b) alteration and maintenance of railway track, and provision and maintenance of track equipment, including signal boxes, signalling apparatus and other appliances and works required in connection with the movement of traffic by rail; (c) maintenance of harbours, quays, wharves and canals;

(d) provision and maintenance of mechanical apparatus or appliances required for the purposes of shipping or in connection with the embarking, disembarking, loading, discharging or transport of passengers, livestock or goods at a harbour, quay or wharf;

(e) any development required in connection with the improvement and maintenance or repair of water courses or drainage works, or sewers or sewage disposal works. 7. If any person who proposes to carry out any operations on land or make any change in the use of land or buildings wishes to have it determined whether the carrying out of those operations or the making of that change in the use of the land or buildings would constitute or involve development within the meaning of the Act and, if so, whether an application for permission in respect thereof is required under the Act having regard to this Order, he may apply to the Minister or planning authority, as the case may be, to determine that question. 8. (1) An application to the Minister or planning authority, as the case may be, for any permission or decision required under this Order shall, unless otherwise provided in this Order, be made in accordance with the provisions of the Town and Country Planning (Application for Planning Permission) Regulations. (2) Where an applicant so desires, an application, hereinafter called an application in principle, may be made under sub-paragraph (1) for permission for the use of any building or land or for the erection of any building, and any approval thereof shall be subject to the subsequent approval of the Minister or planning authority with respect to any matter relating to the siting, design or external appearance of the building, or the means of access thereto, in which case particulars and plans in regard to these matters shall not be required and permission may be granted subject as aforesaid (with or without other conditions) or refused: Provided that(i) where such permission is granted, it shall be expressed to be granted under this sub-paragraph on an application in principle and the approval of the Minister or planning authority shall be required with respect to the matters reserved in the permission before any development is commenced; (ii) where the Minister or planning authority is of the opinion that in the circumstances of the case the application for permission ought not to
Application for determination whether permission is required

Application for grant of permission

be considered separately from the siting, design or external appearance of the building, or the means of access thereto, he or it shall, within forty-two days from the receipt of the application in principle, serve notice on the applicant that he or it is unable to entertain such application, specifying the matters as to which he or it requires further information for the purpose of arriving at a decision in respect of the proposed development, and the applicant may either furnish the information so required (in which event the application shall be treated as if it had been received on the date when such information was furnished and had included such information) or appeal to the Tribunal within twenty-eight days of receiving such notice, or such longer period as the Tribunal in writing may agree, as if the application in principle had been refused by the Minister or planning authority. (3) On receipt of an application under this paragraph or under paragraph 7, the Minister or planning authority shall send to the applicant an acknowledgment in writing thereof, which acknowledgment shall not be deemed to be a notice or document for the purposes of paragraph 16. 9. (1) Before granting permission for development in either of the following cases, whether unconditionally or subject to conditions, the Minister or planning authority shall consult with the following authorities: (a) where it appears to the Minister or planning authority that the development is likely to affect adversely any land in the area of any local or township authority, with such authority; (b) where it appears to the Minister or planning authority that the development is likely to create or attract traffic which will result in a material increase in the volume of traffic entering or leaving a main road or using a level crossing over a railway, with the appropriate highway or railway authority. (2) The Minister or planning authority shall give not less than fourteen days' notice to the authority required to be consulted that such an application is to be taken into consideration, and shall not determine the application until after the expiration of the period mentioned in such notice and shall, in deciding the application, take into account any representations or objections received from such authority.
Consultations

10. On referring any application to the Minister pursuant to a direction in that behalf under the provisions of section twenty-six of the Act, a planning authority shall, within seven days of the receipt of the direction, serve on the applicant notice of the terms of the direction and of any reasons given by the Minister for issuing the direction, and such notice shall inform the applicant that the application has been referred to the Minister who shall, if the applicant so desires, afford him or his representative an opportunity of appearing before and being heard by a person appointed by the Minister for that purpose. 11. (1) The Minister or planning authority shall in every case serve notice on the applicant of his or its decision. (2) The period within which the Minister or planning authority shall serve notice on the applicant shall be ninety days from the date of receipt of the application or such extended period as may be agreed in writing by the applicant. (3) Every such notice shall be in writing, and in the case of an application for permission or approval where the Minister or planning authority decides to grant such permission or approval subject to conditions or to refuse it, or in the case of an application for determination under paragraph 7 (whether forming part of an application for permission or approval or not) where the Minister or planning authority determines that the carrying out of the proposals therein would constitute or involve development, he or it shall state the reasons therefor in such notice. 12. The Minister or planning authority, as the case may be, shall keep a separate register containing the following information in respect of all applications for permission to develop with which he or it is concerned, namely: (a) particulars of any application for permission to develop made to him or it in respect of any land, including the stand, plot, lot or farm number of the property, and the road, district and town in which it is situate, the name and address of the applicant, the registered number and date of receipt of the application, and brief particulars of the development forming the subject of the application; (b) particulars of any direction given under the Act or this Order in respect of the application;

Reference of applications to the Minister

Notification to applicants

Register of applications

(c) the decision of the Minister or planning authority in respect of the application and the date of such decision; (d) the date and effect of any decision of the Minister in respect of any application referred to him under section twenty-six of the Act; (e) the date and effect of any determination or order of the Tribunal in respect of an appeal against a decision on the application; (f) the date and effect of any decision of the High Court in respect of an appeal against the determination of the Tribunal. 13. Every register shall contain an index in the form of cards, each card to contain the stand, plot, lot or farm number of the property which is the subject of the application and the road, district and town in which it is situate, the name and address of the applicant and the registered number of the application and to be filed by townships in numerical sequence according to the stand or plot number and by lots or farms in numerical sequence according to the lot or farm number. 14. Every entry in the register shall be made within seven days of the happening of the event in respect of which an entry is required to be made. 15. The register shall be kept at the offices of the Minister or the planning authority, as the case may be, and made available for inspection by the public during normal hours of official business. 16. Any notice or other document to be served or given under this Order shall be served or given in accordance with the provisions of section fifty of the Act: Provided that any notice of an unconditional grant of planning permission which is to be served under paragraph 11 may be served in accordance with the provisions of section fifty of the Act as though the word "registered" were deleted from the said section. (As amended by No. 98 of 1964)
Index to register

Entry in register

Inspection of register

Notices

SCHEDULE
(Paragraph 5)

PART I
CLASSES OF DEVELOPMENT PERMITTED SUBJECT TO CONDITIONS The following development is permitted under paragraph 5 subject to the conditions set out opposite the description of that development in Column (2). The references in that column except where otherwise mentioned are to the standard conditions as numbered and set out in Part II. Column (1) Description of Development Column (2) Conditions

Class I-Development within the curtilage 1. The height of such buildings shall not of a dwelling-house exceed the height of the riginal dwellingThe enlargement, improvement or other house. alteration of a dwelling-house materially 2. Standard conditions Nos. 1, affecting the external appearance of the 2 and 3. building so long as the cubic content of the original dwelling-house (as ascertained by external measurement) is not exceeded by more than 1,750 cubic feet or one-tenth whichever is the greater subject to a maximum of 4,000 cubic feet. Class II-Sundry minor operations 1. The erection or construction of gates, Standard conditions Nos. 1 and 2. fences, walls or other means of enclosure not being within the curtilage of a dwellinghouse not exceeding seven feet in height and the maintenance, improvement or other alteration of such gates, fences, walls or other means of enclosure, except on land at the junction of two roads in front of a line joining a point on the boundary of each road reserve at a distance of thirty feet from the intersection of such road reserves, extended if necessary. 2. The painting of the exterior of any building or work otherwise than for the purpose of advertisement. Class III-Changes of use Development consisting of a change of use to(a) as a light industrial building as defined by the Town and Country Planning (Use Groups) Regulations from use as a general industrial building as so defined; (b) use as any type of shop except-

(i) (ii) (iii) (iv) (v)

a drive-in shop; a fried fish shop; a butcher's shop; a shop for the sale of pet animals or birds; a shop for the sale of motor vehicles; from use as any type of shop except a drive-in shop. Column (2) Conditions Standard conditions Nos. 1, 2 and 3.

Column (1) Description of Development Class IV-Temporary buildings and uses The use of land (other than a building or the curtilage of a building) for any purpose for not more than twenty-eight days in total in any calendar year, and the erection or placing of movable structures on the land for the purposes of that use. Class V-Development for industrial purposes The deposit by an industrial undertaker of waste material or refuse resulting from an industrial process on any land comprised in a site which was used for such deposit, otherwise than in contravention of previous planning control, on the appointed day. Class VI-Repairs to roads and ways The carrying out of works required for maintenance or improvement of roads or ways not under the control of a highway authority being works carried out on land within the existing limits of such roads or ways.

Standard conditions Nos. 1 and 2.

Standard conditions Nos. 1 and 2.

Class VII-Rebuilding of existing buildings, works and plant The rebuilding, restoration or 1. The cubic content of the original replacement of buildings, works or plant building or of the works or plant shall not which were in existence on the appointed be increased by more than ten per centum. day 2. There shall be no material alteration from the external appearance, as on the appointed day, except with the approval of the Minister or planning authority, as the case may be.

3. Standard conditions Nos. 1, 2 and 3. Class VIII-Development by local or township authorities 1. The erection or construction and the maintenance, improvement or other alteration by a local or township authority of(a) such ancillary buildings, works Standard conditions Nos. 1, 2 and 3. and equipment as are required on land belonging to or maintained by them for the purposes of any related and appropriate functions exercised by them on that land; (b) lamp standards, fire alarms, Standard condition No. 2. public drinking fountains, street nameplates, refuse bins or baskets, information kiosks, passenger shelters, public shelters and seats, barriers for the control of persons who are waiting to enter public vehicles and such other similar structures or works as may be required in connection with the operation of any public service. 2. The deposit by a local or township Standard conditions Nos. 1 and 2. authority of waste mateterial or refuse on any land comprised in a site which was used for that purpose, otherwise than in contravention of a planning permission, on the appointed day. Column (1) Description of Development Column (2) Conditions

Class IX-Development of site and service schemes The erection of buildings and the use of Standard conditions Nos. 1, 2 and 3. land for any purposes for which the erection of such buildings or the use of such land is in accordance with a layout approved by the planning authority as a site and service scheme. (As amended by No. 98 of 1964 and No. 337 of 1969)

PART II

STANDARD CONDITIONS 1. This permission shall not authorise any development which involves the formation, laying out, or material widening of a means of access to a main or district road as defined in the Roads and Road Traffic Act 2. No development shall be carried out which creates an obstruction to the view of persons using any road used by vehicular traffic at or near any bend, corner, junction or intersection of any roads so as to be likely to cause danger to such persons. 3. No part of any building shall project beyond any building line laid down for the holding or stand.

Cap. 464

PART III
This Part shall apply only to areas for which a council has been appointed pursuant to section 3 of the Local Government Act. Column (1) Description of Development Column (2) Conditions
Cap. 281

Class X-Conforming development Where a layout or subdivisional plan 1. In residential use zones for the erechas been lawfully approved and any tion of dwelling-houses only, the approved conditions contained in such approval subdivision of plot or stand shall not be have been fulfilled, the erection in any greater than one and one-quarter acres in use zone of buildings or the use of land extent. for any purpose for which the permission 2. The Minister is satisfied that adequate of the planning authority is not normally provision for parking, loading and unloadrequired by the approved written ing of vehicles in the case of industrial and document. commercial buildings or uses has been made. 3. The approval of the Minister to the external design appearance and materials in the case of commercial buildings and uses has been obtained. 4. If the development is likely to affect adversely any land in the area of any local or other township authority or is likely to create or attract traffic which will result in a material increase in the volume of traffic entering or leaving a main road or using a level crossing over a railway, the provisions of paragraph 9 shall first be complied with. 5. For the purpose of the Town and

Country Planning (Appeals) Regulations, any development permitted under this Class shall be treated as though it had been approved by the planning authority, and the date of receipt or issue of any building permit given under any building by-laws or the Public Health (Building) Regulations or in the case of a use of land the date on which it was first so used shall be regarded as the date of making a decision. 6. Standard conditions Nos. 1, 2 and 3. (As amended by No. 98 of 1964) SECTION 23-THE TOWN AND COUNTRY PLANNING SUBDIVISION ORDER Order by the Minister
Government Notices 349 of 1962 97 of 1964 Statutory Instrument 65 of 1965

1. This Order may be cited as the Town and Country Planning Subdivision Order. 2. This Order shall apply to all land in the Republic to which section three of the Act applies. 3. In this Order, unles the context otherwise requires"planning authority" means a planning authority to which functions have been delegated under the provisions of section twenty-four of the Act. (As amended by No. 65 of 1965) 4. As from the appointed day all subdivisions in the areas to which this Order applies shall require the grant of permission for the purposes of Part V of the Act. 5. (1) An application to the Minister or planning authority, as the case

Title

Application

Interpretation

Grant of permission

Application for grant of

may be, for any permission required under this Order shall, unless otherwise provided in this Order, be made in accordance with the provisions of the Town and Country Planning (Application for Planning Permission) Regulations. (2) For the avoidance of doubt it is hereby declared that, on receipt of an application for permission to subdivide made under the provisions of section twenty-five of the Act, the Minister or planning authority may(a) demand further information from the applicant; or

permission

(b) demand that public notice inviting objection to the application within a specified time in the form set out in the Schedule shall be given at the cost of the applicant; or (c) approve the application subject to such written conditions as is deemed fit to impose in accordance with the Third Schedule to the Act, and any person developing the land pursuant to such approval shall comply with all conditions so imposed; or (d) approve the application in principle and require a detailed application to be submitted in terms of subsection (3) of section twenty-eight of the Act; or (e) reject the application and state the reasons for the rejection.

(3) Where an applicant so desires, an application, hereinafter called an application in principle, may be made under sub-paragraph (1), and any approval thereof shall be subject to the subsequent approval of the Minister or planning authority of a detailed application. (4) On receipt of any application for permission to subdivide, the Minister or planning authority, as the case may be, shall send to the applicant an acknowledgment thereof, which acknowledgment shall not be deemed to be a notice or document for the purposes of paragraph 13. 6. (1) Before granting permission to subdivide in either of the following cases, whether unconditionally or subject to conditions, the Minister or planning authority shall consult with the following authorities:
Consultations

(a) where it appears to the Minister or planning authority that any development likely to arise out of such subdivision is likely to affect adversely land in the area of any local or township authority, with that authority; (b) where it appears to the Minister or planning authority that any development likely to arise out of such subdivision is likely to create or attract traffic which will result in material increase in the volume of traffic entering or leaving a main road or using a level crossing over a railway, with the appropriate highway or railway authority. (2) The Minister or planning authority shall give not less than fourteen days' notice to the authority required to be consulted that such an application is to be taken into consideration and shall not determine the application until after the expiration of the period mentioned in such notice and shall, in determining the application, take into account any representations or objections received from such authority. 7. On referring any application to the Minister pursuant to a direction in that behalf under the provisions of section twenty-six of the Act, a planning authority shall, within seven days of the receipt of the direction, serve on the applicant notice of the terms of the direction and of any reasons given by the Minister for issuing the direction, and such notice shall inform the applicant that the application has been referred to the Minister who shall, if the applicant so desires, afford him or his representative an opportunity of appearing before and being heard by a person appointed by the Minister for that purpose. 8. (1) The Minister or planning authority shall in every case serve notice on the applicant of his or its decision. (2) The period within which the Minister or planning authority shall serve notice on the applicant shall be ninety days from the date of receipt of the application. (3) Every such notice shall be in writing and, in the case of an application for permission or approval where the Minister or planning authority decides to grant such permission or approval subject to conditions or to refuse it, he or it shall state the reasons therefor in such
Reference of applications to the Minister

Notification to applicants

notice. 9. The Minister or planning authority, as the case may be, shall keep a separate register containing the following information in respect of all applications for permission to subdivide land with which he or it is concerned, namely: (a) particulars of any application for permission to subdivide made to him or it in respect of any land, including the stand, plot, lot or farm number of the property and the road, district and town in which it is situate, the name and address of the applicant, the registered number and date of receipt of the application, and brief particulars of the subdivision forming the subject of the application; (b) particulars of any direction given under the Act or this Order in respect of the application; (c) the decision of the Minister or planning authority in respect of the application and the date of such decision; (d) the date and effect of any decision of the Minister in respect of any application referred to him under section twenty-six of the Act; (e) the date and effect of any determination or order of the Tribunal in respect of an appeal against a decision on the application; (f) the date and effect of any decision of the High Court in respect of an appeal against the determination of the Tribunal. 10. Every register shall contain an index in the form of cards, each card to contain the stand, plot, lot or farm number of the property which is the subject of the application and the road, district and town in which it is situate, the name and address of the applicant and the registered number of the application and to be filed by townships in numerical sequence according to the stand or plot number and by lots or farms in numerical sequence according to the lot or farm number. 11. Every entry in the register shall be made within seven days of the happening of the event in respect of which an entry is required to be made. 12. The register shall be kept at the offices of the Minister or the planning authority, as the case may be, and made available for inspection by the public during normal hours of official business.
Index to register Register of applications

Entry in register

Inspection of register

13. Any notice or other document to be served or given under this Order shall be served or given in accordance with the provisions of section fifty of the Act: Provided that any notice of an unconditional grant of planning permission which is to be served under paragraph 8 may be served in accordance with the provisions of section fifty of the Act as though the word "registered" were deleted from the said section. (As amended by No. 97 of 1964)

Notices

SCHEDULE
(Form of advertisement) THE TOWN AND COUNTRY PLANNING ACT (Section 28) APPLICATION FOR PERMISSION TO SUBDIVIDE NOTICE IS HEREBY GIVEN that ........................ of ............................. has applied to the ...................Planning Authority/Natural Resources Board/Minister of Provincial and Local Government for permission to subdivide land situated at (address of property) ................. ...................................... A plan of the site and plans and details of the proposed subdivision is deposited at ................................... ....................and may be inspected free of charge between the hours of ................ and ................................ . on .............................. and ......................... *until the ................... day of ................................................., 19...... Any person who wishes to make any representations on or objections to the proposed subdivision should serve notice of such representations or objections in writing on the ..................... Planning Authority/ Natural Resources Board/Minister of Provincial and Local Government, P.O. Box ..........., ..........not later than the **........................................................ day of ..............., 19.......... and shall at the same time submit a copy of such representations or objections by notice served on the undersigned at the address mentioned below. Signed........................................................................

Dated this of

................day

........................... ......................

................19.......

*Not less than fourteen days from the date of the first advertisement shall be allowed for the inspection of the plan. **Not less than twenty-eight days from the date of the first advertisement shall be allowed for the submission of representations and objections. SECTION 24-DELEGATION OF POWERS TO CITY AND MUNICIPAL COUNCILS Notice by the Minister The functions of the Minister under subsections (1) and (2) of section twenty-five of the Act relating to the grant or refusal of permission to develop or subdivide land in respect of the areas set out in the First Schedule to the Act are hereby delegated to the appropriate planning authorities set out in the said First Schedule, and any liability to pay compensation under the Act in respect of anything done by any of the aforementioned planning authorities in exercise of the functions delegated to it hereunder is hereby transferred to the appropriate planning authority. SECTION 24-THE TOWN AND COUNTRY PLANNING (DELEGATION OF FUNCTIONS) ORDER Order by the Minister 1. This Order may be cited as the Town and Country Planning (Delegation of Functions) Order. 2. The functions of the Minister under section twenty-five of the Town and Country Planning Act, in so far as these powers relate to the grant or refusal of permission to subdivide for agricultural purposes agricultural land situated outside areas subject to a development plan or approved development plan are hereby delegated to the National Environmental Council established under the Environmental Protection and Pollution Control Act, 1990 and any liability to pay compensation under the Town and Country Planning Act in respect of anything done by the National Environmental Council in exercise of the functions delegated to it
Title Government Notice 353 of 1962

Statutory Instrument no. 83 of 1993

Statutory Instrument no. 83 of 1993

Delegation Cap. 204

hereunder is hereby transferred to the National Environmental Council. 3. Government Notice No. 354 of 1962 is hereby revoked.
Revocation of G.N.No. 354 of 1962 Government Notice 356 of 1962

SECTION 24-DELEGATION OF POWERS TO THE NORTHERN PLANNING AUTHORITY Notice by the Minister The functions of the Minister under subsections (1) and (2) of section twenty-five of the Act relating to the grant or refusal of permission to develop or subdivide land, except where they are otherwise delegated, in respect of the Luapula Province, the Northern Province and the North-Western Province are hereby delegated to the Northern Planning Authority. SECTION 24-DELEGATION OF POWERS TO THE SOUTHERN PLANNING AUTHORITY Notice by the Minister The functions of the Minister under subsections (1) and (2) of section twenty-five of the Act relating to the grant or refusal of permission to develop or subdivide land, except where they are otherwise delegated, in respect of the Southern Province, the Central Province and the Eastern Province are hereby delegated to the Southern Planning Authority. SECTION 24-DELEGATION OF POWERS TO THE CITY OF LUSAKA PLANNING AUTHORITY Notice by the Minister The functions of the Minister under subsections (1) and (2) of section twenty-five of the Act relating to the grant or refusal of permission to develop or subdivide land in respect of Handsworth Park are hereby delegated to the City of Lusaka Planning Authority, and any liability to pay compensation under the Act in respect of anything done by the City of Lusaka Planning Authority in exercise of the functions delegated to it hereunder is hereby transferred to the City of Lusaka Planning Authority.

Government Notice 357 of 1962

Government Notice 259 of 1963

SECTION 24-DELEGATION OF POWERS TO THE CITY OF LUSAKA PLANNING AUTHORITY Notice by the Minister The functions of the Minister under subsections (1) and (2) of section twenty-five of the Act relating to the grant or refusal of permission to develop or subdivide land in respect of the planning area of the Lusaka Rural Development Plan are hereby delegated to the City of Lusaka Planning Authority, and any liability to pay compensation under the Act in respect of anything done by the City of Lusaka Planning Authority in exercise of the functions delegated to it hereunder is hereby transferred to the City of Lusaka Planning Authority. SECTION 24-DELEGATION OF POWERS TO THE CITY OF KITWE PLANNING AUTHORITY Notice by the Minister The functions of the Minister under subsections (1) and (2) of section twenty-five of the Act relating to the grant or refusal of permission to develop or subdivide land in respect of the planning areas shown on Plan No. TP/203/10 are hereby delegated to the City of Kitwe Planning Authority, and any liability to pay compensation under the Act in respect of anything done by the City of Kitwe Planning Authority in exercise of the functions delegated to it hereunder is hereby transferred to the City of Kitwe Planning Authority. SECTION 24-DELEGATION OF POWERS TO THE CITY COUNCIL OF KITWE Notice by the Minister The functions of the Minister under subsections (1) and (2) of section twenty-five of the Act relating to the grant or refusal of permission to develop or subdivide land in respect of those areas on Plan No. T76/7 which are in excess of the area described in the Schedule to the City of Kitwe (Area) Order, 1967 (Statutory Instrument No. 15 of 1967) are hereby delegated to the City Council of Kitwe, and any liability to pay

Statutory Instrument 346 of 1965

Statutory Instrument 320 of 1967

Statutory Instrument 76 of 1971

compensation under the Act in respect of anything done by the City Council of Kitwe in exercise of the functions delegated to it are hereby transferred to the City Council of Kitwe, and any delegation made in respect of the said area to any other planning authority prior to the date hereof is hereby revoked. SECTION 24-DELEGATION OF POWERS TO THE CITY COUNCIL OF NDOLA Notice by the Minister The functions of the Minister under subsections (1) and (2) of section twenty-five of the Act relating to the grant or refusal of permission to develop or subdivide land in respect of those areas on Plan No. T122/7 which are in excess of the area described in the Schedule to the Variation of Ndola Municipal Boundaries (Government Notice No. 468 of 1964) are hereby delegated to the City Council of Ndola, and any liability to pay compensation under the Act in respect of anything done by the City Council of Ndola in exercise of the functions delegated to it are hereby transferred to the City Council of Ndola, and any delegation made in respect of the said area to any other planning authority prior to the date hereof is hereby revoked. SECTION 24-DELEGATION OF POWERS TO THE CHINGOLA PLANNING AUTHORITY Notice by the Minister The functions of the Minister under subsections (1) and (2) of section twenty-five of the Act relating to the grant or refusal of permission to develop or subdivide land in respect of the planning area of the Chingola Development Plan No. 2 are hereby delegated to the Chingola Planning Authority, and any liability to pay compensation under the Act in respect of anything done by the Chingola Planning Authority in exercise of the functions delegated to it hereunder is hereby transferred to the Chingola Planning Authority. SECTION 24-DELEGATION OF POWERS TO THE MUNICIPAL COUNCIL OF CHINGOLA Notice by the Minister
Statutory Instrument 75 of 1971 Government Notice 378 of 1963 Statutory Instrument 77 of 1971

The functions of the Minister under subsections (1) and (2) of section twenty-five of the Act relating to the grant or refusal of permission to develop or subdivide land in respect of those areas on Plan No. T95/5 which are in excess of the area described in the Schedule to the Municipality of Chingola (Area) Order, 1968 (Statutory Instrument No. 411 of 1968) are hereby delegated to the Municipal Council of Chingola, and any liability to pay compensation under the Act in respect of anything done by the Municipal Council of Chingola in exercise of the functions dele-gated to it are hereby transferred to the Municipal Council of Chingola, and any delegation made in respect of the said area to any other planning authority prior to the date hereof is hereby revoked. SECTION 24-DELEGATON OF POWERS TO THE LUANSHYA PLANNING AUTHORITY Notice by the Minister The functions of the Minister under subsections (1) and (2) of section twenty-five of the Act relating to the grant or refusal of permission to develop or subdivide land in respect of the planning area of the Luanshya Development Plan No. 3 are hereby delegated to the Luanshya Planning Authority, and any liability to pay compensation under the Act in respect of anything done by the Luanshya Planning Authority in exercise of the functions delegated to it hereunder is hereby transferred to the said Luanshya Planning Authority. SECTION 24-DELEGATION OF POWERS TO THE MUNICIPAL COUNCIL OF LUANSHYA Notice by the Minister The functions of the Minister under subsections (1) and (2) of section twenty-five of the Act relating to the grant or refusal of permission to develop or subdivide land in respect of those areas on Plan No. T82/7 which are in excess of the area described in the Schedule to the Variation of Luanshya Municipal Boundaries (Government Notice No. 247 of 1964) are hereby delegated to the Municipal Council of Luanshya, and any liability to pay compensation under the Act in respect of anything done by the Municipal Council of Luanshya in exercise of the functions delegated to it are hereby transferred to the Municipal Council of Luanshya, and any delegation made in respect of the said area to any other planning authority prior to the date hereof is
Statutory Instrument 74 of 1971 Government Notice 108 of 1964

hereby revoked. SECTION 24-DELEGATION OF POWERS TO THE MUFULIRA PLANNING AUTHORITY Notice by the Minister The functions of the Minister under subsections (1) and (2) of section twenty-five of the Act relating to the grant or refusal of permission to develop or subdivide land in respect of the planning area of the Mufulira Development Plan No. 2 are hereby delegated to the Mufulira Planning Authority, and any liability to pay compensation under the Act in respect of anything done by the Mufulira Planning Authority in exercise of the functions delegated to it hereunder is hereby transferred to the Mufulira Planning Authority. SECTION 24-DELEGATION OF POWERS TO THE MUNICIPAL COUNCIL OF MUFULIRA Notice by the Minister The functions of the Minister under subsections (1) and (2) of section twenty-five of the Act relating to the grant or refusal of permission to develop or subdivide land in respect of those areas on Plan No. T77/11 which are in excess of the area described in the Schedule to the Municipality of Mufulira (Area) Order, 1969 (Statutory Instrument No. 144 of 1969) are hereby delegated to the Municipal Council of Mufulira, and any liability to pay compensation under the Act in respect of anything done by the Municipal Council of Mufulira in exercise of the functions delegated to it are hereby transferred to the Municipal Council of Mufulira, and any delegation made in respect of the said area to any other planning authority prior to the date hereof is hereby revoked. SECTION 39-THE TOWN AND COUNTRY PLANNING (CLAIM FOR COMPENSATION) REGULATIONS
Government Notice 362 of 1962 Statutory Instrument 65 of 1965 Statutory Instrument 73 of 1971 Government Notice 323 of 1963

Regulations by the Minister 1. These Regulations may be cited as the Town and Country Planning (Claim for Compensation) Regulations. 2. These Regulations shall apply to all claims for compensation made
Title

Application

under the provisions of Part VI of the Act. 3. In these Regulations, unless the context otherwise requiresInterpretation

"claimant" means any person claiming compensation under the provisions of Part VI of the Act, "planning authority" means a planning authority to which functions have been delegated under the provisions of section twenty-four of the Act, and includes in the case of subdivision for agricultural purposes of agricultural land situated outside areas subject to a development plan or approved development plan the Natural Resources Board; "planning decision" means in the case of an application for permission made under Part V of the Act a refusal of the Minister or planning authority of that permission or a grant thereof by the Minister or planning authority subject to conditions or a notice served under the provisions of subsection (2) of section thirty-one of the Act. (As amended by No. 65 of 1965) 4. Any person wishing to make a claim for compensation under the provisions of Part VI of the Act shall do so on a form, issued by and obtainable from the Minister or planning authority, as set out in the Schedule. 5. Any claimant submitting a claim for compensation under the provisions of regulation 4 shall do so within six months of the date of the planning decision to which the claim relates: Provided that the Minister or planning authority may, in any particular case (either before, on or after the date on which the time for claiming would otherwise have expired) allow an extended or further extended period for making such claim. 6. If required by the Minister or planning authority by a direction in writing(a) to provide evidence (which may include a statutory declaration) in connection with any particulars required to be supplied by the form set out in the Schedule;
Supporting evidence Making of claim

Period within which claim may be made

(b) to provide further information as to his interest in the land to which the claim relates; or (c) to provide further information as to the interests of any other persons; the claimant shall furnish to the Minister or planning authority, as the case may be, such evidence or information as is available to him within such period (not being less than twenty-eight days) as may be specified in the direction. 7. (1) Where the Minister has not transferred under the provisions of subsection (2) of section twenty-four of the Act to a planning authority any liability to pay compensation under the Act in respect of anything done by that authority in the exercise of functions delegated to it under the provisions of subsection (1) of the said section, the planning authority shall forthwith forward a claim for compensation by registered post to the Minister, together with particulars of the application for planning permission and a copy of the planning decision, or a copy of any notice served under the provisions of subsection (2) of section thirty-one of the Act. (2) If no notice of appeal has been given to the Tribunal in respect of the matter which is the subject of the claim for compensation, such planning authority shall, within twenty-eight days from the date of forwarding the claim, notify in writing the Minister as to any more favourable decision or permission for alternative development or subdivision or requirements in an order made under the provisions of subsection (2) of section thirty-one of the Act which could in its opinion be given or made. 8. If the claimant does not accept the amount of compensation as determined by the Minister or planning authority, the amount of compensation shall be determined by the High Court and for this purpose either the claimant or the Minister or planning authority may apply to the High Court for an originating summons in accordance with the provisions of the High Court Act.
Non- agreement of compensation Cap. 27 Where planning authority is not liable for compensation

SCHEDULE
(Regulation 4)

PRESCRIBED FORM

THE TOWN AND COUNTRY PLANNING ACT CLAIM FOR PAYMENT OF COMPENSATION To the ............................................................. P.O. Box......................................................... ........................................................................ (Insert Minister of Provincial and Local Government or the planning authority)

I declare that the statements made on this form are true to the best of my knowledge and belief and I hereby c compensation to the amount set out hereunder to be due to me. (Signed) ....................................................................... .................................................................................... P.O. Box ......................................................... If you have a professional adviser or agent to whom you wish communications regarding your claim to be se his name, address and profession here.
Name ................................. Address ................................... Profession ...................................

1. (i) Address and description of the land to which your claim relates. (You should enclose a map sufficient to identify the boundaries of the land.) (ii) What is your interest in the land and when did you acquire it? (State whether freehold or leasehold and if the latter give details of the lease, period unexpired and rent payable.) (iii) In which capacity do you claim (e.g. beneficial owner, trustee, mortgagee, etc.)?

2. (i) Do you know of any other person who has an interest in or rights over the land (e.g. as lessee, sole mortgagee, owner of an easement, etc.)? If so give name and address of each person and nature and date of creation of his interest or right. (ii) Give details of any outgoings affecting the land, other than ordinary rates and taxes.

3. Give such particulars as you can (including reference number and date) of the planning decision or enforcement notice which gives rise to your claim for compensation.

4. (i) Give particulars of any development, subdivision, use or change of use since 16th November, 1962. (ii) State whether planning permission was given for any of the above (give reference number and date). (iii) Give details (with reference number and date) of any planning consents given under the former Act.

5. State what amount you claim as the depreciation in value of your interest in the land caused by the planning decision and state how you arrive at this figure.

SECTION 53-THE TOWN AND COUNTRY PLANNING (APPLICATION FOR PLANNING PERMISSION) REGULATIONS Regulations by the Minister

Government Notices 360 of 1962 96 of 1964 Statutory Instruments 65 of 1965 347 of 1966

1. These Regulations may be cited as the Town and Country Planning (Application for Planning Permission) Regulations. 2. These Regulations shall apply to any application for permission to develop or subdivide land or for any approval or determination under a development or subdivision order. 3. In these Regulations, unless the context otherwise requires-

Title

Application

Interpretation

"Order" means any order made under the provisions of section twenty-three of the Act; "planning authority" means a planning authority to which functions have been delegated under the provisions of section twenty-four of the Act. (As amended by No. 65 of 1965) 4. (1) All applications for planning permission shall be made on forms issued by the Minister or planning authority, as the case may be, and shall include such particulars and shall be accompanied by such plans and drawings as may be required by the directions printed on the forms. (2) In the case of an application for determination whether any operations on land or any change in the use of any land or building would constitute or involve development of that land or building, it shall not be necessary to furnish plans and drawings, other than a plan sufficient to identify the land to which the application relates, in any case where the proposal is sufficiently described by the particulars together with that plan. 5. (1) All applications for planning permission or for determination
Submission of Planning permission

shall be submitted to the Minister or planning authority, as the case may be. (2) Except in the area of a city or a municipality, an application for planning permission to develop or subdivide land, or for determination whether or not development is involved, may be submitted to the planning authority through the authority having local authority jurisdiction in the area to which the application relates, and the necessary application forms may be obtained from the authority. (3) For the avoidance of doubt an application for permission to subdivide for agricultural purposes agricultural land situated outside areas subject to a development plan or approved development plan shall be submitted to the Natural Resources Board.

applications

Forms and notices

6. The application forms shall be in the form or substantially in the form as set out in the Schedule and any notices issued in connection with the said application forms shall be in the form as set out in the Schedule. 7. The Minister may at any time require copies of all or any decisions to be submitted to him whether in respect of development or subdivision and if so required a planning authority shall comply with such requirements.
Minister may require copies of decisions

SCHEDULE
(Regulation 6) PRESCRIBED FORMS

FORM T. & C.P. 1

Registered number of application

D/

THE TOWN AND COUNTRY PLANNING ACT APPLICATION FOR PERMISSION TO DEVELOP

(Paragraph 8. The Town and Country Planning Development Order) To the ............................................... (insert name and address of the planning authority) I/We hereby apply for permission to develop as described in this application and on the attached plans and drawings. Date................................................................. ............... Name Signature of Applicant or Agent

If signed by Agent state: ........................... ................................. Address ........................ Profession

1. If an application in principle has previously been submitted state the registered number of the application.

2. State whether subdivision is involved and if so whether permission has been applied for and give registered number of the application.

3. (a) Stand, Lot or Farm No. ........(a) (b) Road, District and Town .............(b)

4. Applicant's name and address

5. Owner's name and address

6. If applicant is not the owner, state interest in the land, e.g. lessee, prospective purchaser, etc., and whether the consent of the owner to this application has been obtained.

7. Describe briefly the proposed development

including the purposes for which land and\or buildings are to be used.

8. State the purpose for which land and/or buildings are now used. If not now used, the purpose for which and date on which they were last used.

9. State whether the construction of a new or alteration of an existing means of access to or from a road is involved.

10. If the proposed development consists only of a change of use and does not involve building operations state the exact nature of such change.

11. If the site abuts on a road junction, give details and height of any proposed walls, fences, etc., fronting thereon.

12. State method of(a) water supply.................................... (a) (b) sewage disposal .............................. (b) (c) surface water disposal..................... (c) (d) refuse disposal ................................ (d)

13. Give details of any relevant easements affecting the proposals.

14. State the(a) area of land affected........................ (a) (b) area of buildings ............................. (b)

(c) percentage of site covered(i) by existing buildings....................... (i) (ii) by proposed buildings..................... (ii)

15. State the materials to be used for(a) external walls .................................. (a) (b) roof.................................................. (b) 16. If the building is to be used for more than one Ground floor purpose state the floor area and nature of each First floor use. Second floor Third floor Fourth floor, etc.

17. If the building is to be used wholly or partly for commercial or industrial purposes state(a) the nature of the proposed use or uses (b) the provision to be made for loading and unloading of vehicles ................. (b) If for industrial use(c) the type of process to be carried on (c) (d) the nature and means of disposal of trade refuse or trade effluent ............... (d) (e) whether it is wholesale sales on the premises ..................................... (e) (a)

18. Except in the case of a dwelling-house state what facilities for parking of vehicles are to be provided.

SUBMISSION OF PLANS 1. All plans and drawings to be signed on every sheet by the applicant or his agent and to be

drawn in permanent ink or reproduced in a clear and intelligible manner on suitable material, one copy to be on linen or other equally durable material. 2. This form, duly completed, and all plans and drawings to be submitted in duplicate unless otherwise directed.

PLANS AND DRAWINGS REQUIRED Site Plan: To an appropriate scale sufficient to identify the site showing the land to which this application relates edged red and any adjoining land in the same ownership edged blue. Block Plan: To scale of not less than one inch to fifty feet, showing(a) the boundaries of the land and any adjoining stand and any road fronting or adjoining those stands and its name and width; (b) the position of any existing or proposed building on the land; (c) the position of any existing or proposed boreholes, septic tanks, cesspits or cesspools, drains or sewers or other sewage disposal plant on the land; (d) the position, width and gradient of any existing or proposed means of access to any road from the land; (e) in the case of commercial development the height of any canopy, window head or parapet on the proposed building and on any adjoining building in relation to the pavement or road level. Building Plans: To a scale of not less than one-eighth inch to one foot, showing(a) (b) the plan of each floor and the proposed use of each floor; the elevation of all sides of the building;

(c) the levels of the land and the ground floor in relation to the level of any adjoining or adjacent road. NOTES 1. This application is for permission under the Town and Country Planning Act and does not absolve the applicant from obtaining any other consent under any law, by-law, regulation, State Lease agreement, etc., that may be required. 2. The planning authority reserves the right to require any further information or additional copies of plans and drawings as it may consider necessary. (No. 96 of 1964 as amended by No. 65 of 1965) ______________

FORM T. & C.P. 2

Registered number of application

S/

THE TOWN AND COUNTRY PLANNING ACT APPLICATION FOR PERMISSION TO SUBDIVIDE LAND (Paragraph 5. The Town and Country Planning Subdivision Order) To the ................................................. (insert name and address of the planning authority) I/We hereby apply for permission to subdivde land as described in this application and on the attached plans and drawings. Date................................................................. ............... Name Signature of Applicant or Agent

If signed by Agent state: ........................... ................................. Address ........................ Profession

1. If an application in principle has previously been submitted state the registered number of the application.

2. (a) Stand, Lot or Farm No. .............. (a) (b) Road, District and Town................. (b)

3. Applicant's name and address

4. Owner's name and address

5. If applicant is not the owner, state interest in land, e.g. lessee, prospective purchaser, etc., and whether the consent of the owner to this application has been obtained.

6. Describe briefly the proposed subdivision including the purposes for which land and/or buildings are to be used.

7. State the purpose for which land and/or buildings are now used. If not now used, the purpose for which and date on which they were last used.

8. State whether the construction of a new or alteration of an existing means of access to or from a road is involved.

9. State method of(a) water supply.................................... (a) (b) sewage disposal .............................. (b) (c) surface water disposal..................... (c) (d) refuse disposal ................................ (d)

10. Give details of any relevant easements affecting the proposals.

11. State(a) the total area of land affected and the area and number of proposed stands for-..........................................(a) (b) residential purposes ........................ (b)

(c) commercial purposes ...................... (c) (d) industrial purposes .......................... (d) (e) public purposes ............................... (e) (f) any other purposes .......................... (f)

12. State area of smallest residential stand.

SUBMISSION OF PLANS 1. All plans and drawings to be signed on every sheet by the applicant or his agent and to be drawn in permanent ink or reproduced in a clear and intelligible manner on suitable material, one copy to be on linen or other equally durable material. 2. This form, duly completed, and all plans and drawings to be submitted in duplicate. 3. If a survey diagram is to be submitted to the Surveyor-General under section 21 of the Land Survey Act three copies of the plans should be submitted. PLANS AND DRAWINGS REQUIRED Site Plan: To an appropriate scale sufficient to identify the site showing the land to which this application relates edged red and any adjoining land in the same ownership edged blue. Subdivision Plan (other than an Estate Layout): To a scale appropriate to the area of the land, showing(a) the boundaries of the land, the number and area of any existing or proposed subdivisions, and the existing and proposed use thereof; (b) the position of any existing or proposed buildings on the land and of any roads, carriageways, service or sanitary lanes or roads or any footpaths adjacent to the land; (c) the position, width and gradient of all existing and proposed means of access from the land to any road. NOTE.-The Subdivision Plan may be combined with the Site Plan if the scale permits. Estate Layout Plan as for the Subdivision Plan, with the following additional information: (d) the line of any water-courses, dambos, water mains, drains, sewers, underground or overhead cables on the land; (e) the proposed layout of roads within the estate including all drains, culverts and stormwater drainage; (f) the proposed water reticulation, sewerage and electricity systems showing the

source and method of servicing the individual stands; (g) (h) the surface contours at ten-foot vertical intervals; reservations for public utility services and other public purposes.

NOTES 1. This application is for permission under the Town and Country Planning Act and does not absolve the applicant from obtaining any other consent under any law, by-law, regulation, State Lease agreement, etc., that may be required. 2. The planning authority reserves the right to require any further information or additional copies of plans and drawings as he or it may consider necessary. (No. 96 of 1964 as amended by No. 65 of 1965)

FORM T. & C.P. 3

Registered number of application

S/ (for subdivision) D/ (for development)

THE TOWN AND COUNTRY PLANNING ACT APPLICATION FOR PERMISSION IN PRINCIPLE TO DEVELOP/SUBDIVIDE LAND (Paragraph 8 (2). The Town and Country Planning Development Order) (Paragraph 5 (3). The Town and Country Planning Subdivision Order) To the ................................................. (insert name and address of the planning authority) I/We hereby apply for permission in principle to develop/subdivide land as described in this application and on the attached plans and drawings. Date................................................................. ............... Name Signature of Applicant or Agent

If signed by Agent state: ........................... ................................. Address ........................ Profession

1. (a) Stand, Lot or Farm No. of the site (b) Road, District and Town................. (b)

(a)

2. Applicant's name and address

3. Owner's name and address

4. If applicant is not the owner, state interest in the land, e.g. lessee, prospective purchaser and whether consent of owner to this application has

been obtained.

5. Describe briefly but adequately the proposed development or subdivision including purposes for which land and/or buildings are to be used.

6. State the purpose for which the land and/or buildings are now used. If not now used state the purpose for which and date on which they were last used.

7. State whether the construction of a new or alteration of an existing means of access to or from a road is involved.

SUBMISSION OF PLANS 1. All plans and drawings to be signed on every sheet by the applicant or his agent and to be drawn in permanent ink or reproduced in a clear and intelligible manner on suitable material, one copy to be on linen or other equally durable material. 2. This form, duly completed, and all plans and drawings to be submitted in duplicate.

PLANS AND DRAWINGS REQUIRED Site Plan: To an appropriate scale sufficient to identify the site showing the land to which this application relates edged red and any adjoining land in the same ownership edged blue. The planning authority reserves the right to require any further information or additional copies of plans and drawings as he or it may consider necessary. (No. 96 of 1964) ______________

FORM T. & C.P. 4

Registered number of application

D/

THE TOWN AND COUNTRY PLANNING ACT APPLICATION FOR PERMISSION TO DEVELOP STATE LAND (Paragraph 8. The Town and Country Planning Development Order) To the. (insert name and address of the planning authority) I/We hereby apply for permission to develop as described in this application and on the attached plans and drawings. Date................................................................. ............... Name Signature of Applicant or Agent

If signed by Agent state: ........................... ................................. Address ........................ Profession

1. (a) Stand, Lot or Farm No. of the site (b) Road, District and Town ................. (b)

(a)

2. Applicant's name and address

3. Describe briefly the proposed development including the purposes for which land and/or buildings are to be used.

4. State the purpose for which land and\or

buildings are now used. If not now used, the purpose for which and date on which they were last used.

5. State whether the construction of a new or alteration of an existing means of access to or from a road is involved.

6. If the proposed development consists only of a change of use and does not involve building operations state the exact nature of such change.

7. If the site abuts on a road junction, give details and height of any proposed walls, fences, etc., fronting thereon. 8. State method of(a) (b) (c) (d) water supply ............................. (b) sewage disposal ...................... .. (b) surface water disposal ............ .. (c) refuse disposal ........................ .. (d)

9. Give details of any relevant easements affecting the proposals.

10. State the(a) (b) (c) area of land affected ................. (a) area of buildings (proposed and existing) percentage of site covered(i) by existing buildings ............ (c) (i) (ii) ..........by proposed buildings .. (ii) (b)

11. State the materials to be used for(a) external walls........................... . (a)

(b)

roof .......................................... . (b)

12. If the building is to be used for more Ground Floor................................................................................. than one purpose state the floor area First Floor...................................................................................... and nature of each use. Second Floor................................................................................. Third Floor..................................................................................... Fourth Floor, etc............................................................................

13. If the building is to be used wholly or partly for commercial or industrial purposes state(a) area of land affected ................ (a) (b) the provision to be made for loading and unloading of vehicles .. ........................ .. (b) If for industrial use(c) the type of process to be carried on (c) (d) the nature and means of disposal of trade refuse or trade effluent ........................... (d) (e) whether it is proposed to conduct retail or wholesale sales on the premises ........ (e)

14. Except in the case of a dwelling-house state what facilities for parking of vehicles are to be provided.

SUBMISSION OF PLANS 1. All plans and drawings to be signed on every sheet by the applicant or his agent and to be drawn in permanent ink or reproduced in a clear and intelligible manner on suitable material, one copy to be on linen or other equally durable material. 2. This form, duly completed, and all plans and drawings to be submitted in duplicate unless otherwise directed.

PLANS AND DRAWINGS REQUIRED Site Plan: To an appropriate scale sufficient to identify the site showing the land to which this application relates edged red and any adjoining land in the same ownership edged blue. Block Plan: To scale of not less than one inch to fifty feet, showing(a) the boundaries of the land and any adjoining stand and any road fronting or adjoining these stands and its name and width; (b) the position of any existing or proposed building on the land; (c) the position of any existing or proposed boreholes, septic tanks, cesspits, or cesspools, drains or sewers or other sewage disposal plant on the land; (d) the position, width and gradient of any existing or proposed means of access to any road from the land; (e) in the case of commercial development the height of any canopy, window head or parapet on the proposed building and on any adjoining building in relation to the pavement or road level. Building Plans: To a scale of not less than one-eighth inch to one foot, showing(a) the plan of each floor and the proposed use of each floor; (b) the elevation of all sides of the building; (c) the levels of the land and the ground floor in relation to the level of any adjoining or adjacent road.

NOTES 1. This application is for permission under the Town and Country Planning Act and does not absolve the applicant from obtaining any other consent under any law, by-law, State Lease agreement, etc., that may be required. 2. The planning authority reserves the right to require any further information or additional copies of plans and drawings as it may consider necessary. (No. 347 of 1966) ______________

FORM T. & C.P. 5

Registered number of application

A/

THE TOWN AND COUNTRY PLANNING ACT APPLICATION FOR PERMISSION TO SUBDIVIDE AGRICULTURAL LAND FOR AGRICULTURAL PURPOSES (Paragraph 5. The Town and Country Planning Subdivision Order) To The Natural Resources Board, P.O. Box 55, Lusaka. I/We hereby apply for permission to subdivide land as described in this application and on the attached plans and diagrams. Date................................................................. ............... Name Signature of Applicant or Agent

If signed by Agent state: ........................... ................................. Address ........................ Profession

1. If an application in principle has previously been submitted state the registered number of the application and the decision.

Cap. 293

2. Farm number and address of the land to be subdivided in sufficient detail to enable it to be readily identified.

3. Name and postal address of applicant (IN BLOCK CAPITALS). State whether Mr.,

Mrs. or Miss.

4. State applicant's interest in the land (e.g. owner, lessee, tenant, prospective purchaser, etc.)

5. If applicant is not the owner of the land state name and postal address of owner. In such case evidence of the consent of the owner to the proposed subdivision must be attached to this form.

6. State the acreage of the holding and of each proposed subdivision.

7. Describe briefly the present land use and system of farming carried out on the present holding and to be carried out on(a) and (b) the remaining unit of that holding each proposed subdivision ...... (b) (a)

8. State what residential and/or other buildings are to be constructed on each proposed subdivision.

9. State the source of water supply for(a) and domestic .................................. (a)

(b) agricultural purposes on each proposed subdivision ............................................. (b)

10. Give particulars of any easements, encumbrances, notarial leases or mortgage bonds affecting the holding.

11. State whether each proposed subdivision is to be by way of sale, gift, lease or mortgage.

12. Give any other information of which the applicant wishes the Natural Resources Board to be aware.

FOR OFFICE USE ONLY PLANS REQUIRED Layout or Subdivision Plan to scale appropriate to the area of the holding to which this application relates showing(a) the farm to be subdivided in relation to adjoining farms and the farm numbers with names of owners; (b) the boundaries of the farm to be subdivided and the boundaries of each proposed subdivision; (c) (d) (e) (f) (g) the existing public and farm roads serving the farm; the location of all residential and farm buildings on the farm; all water supply points and weirs or streams on or ad acent to the farm; fence lines; all arable land.

NOTES 1. This application is for permission to subdivide under the Town and Country Planning Act and does not absolve the applicant from obtaining any other consent that may by law be required. 2. (1) An application in principle only subject to the subsequent approval of the Natural Resources Board to the details of the proposed uses of any subdivision before the subdivision is effected may be made in the first instance. (2) An applicant who wishes to submit such an application should indicate clearly the fact by adding the words "IN PRINCIPLE ONLY" at the top of this form. 3. The Natural Resources Board reserves the right to require any further information or

additional copies of plans which it may consider necessary.

SUBMISSION OF PLANS 1. All plans and diagrams to be signed on every sheet by the applicant or his agent and to be drawn or reproduced in a clear and intelligible manner on suitable and durable material. 2. This form duly completed in duplicate and all plans in quadruplicate to be submitted to the Natural Resources Board.

FORM T. & C.P. 6

Registered number of application

I/

Date of receipt............................................................. ............ THE TOWN AND COUNTRY PLANNING ACT APPLICATION FOR DETERMINATION WHETHER DEVELOPMENT IS INVOLVED (Paragraph 7. The Town and Country Planning Development Order) To the...................................................................................(insert name and address of the Minister or planning authority). I/We hereby apply for a determination whether the carrying out of the operations on or the making of the change in use of the land as described in this application and shown on the attached plan would constitute or involve development and, if so, whether an application for planning permission is required. Date................................................................. ............... Name Signature of Applicant or Agent

If signed by Agent state: ........................... ................................. Address ........................ Profession

1. (a) Stand, Plot, Lot or Farm No..... (a) (b) Road, District and Town .......... (b)

2. Owner's name and address

3. Applicant's name and address

4. State briefly the operations or change in use of land proposed. If more than one use, give details.

5. State the purpose for which the land and/or buildings are now used. If used for more than one purpose give details.

6. State whether the construction of a new or alteration of an existing means of access to or from a road is involved.

7. Give any other details the applicant may consider necessary.

FOR OFFICE USE ONLY NOTES 1. One copy of this form and one copy of such plans and drawings as the applicant considers necessary to be submitted. 2. The Minister or planning authority has the right to require further information or additional copies of the plans and drawings as he or it may consider necessary.

FORM T. & C.P. 7

Registered number of application

THE TOWN AND COUNTRY PLANNING ACT ACKNOWLEDGEMENT OF APPLICATION FOR PLANNING PERMISSION OR DETERMINATION To: ......................................... ................................................ ................................................ Your application numbered as above in respect of situate in Road .................................... was received in this office on and you will be notified in due course of the decision of the Planning Authority. Signed for (No. 96 of 1964) ______________

FORM T. & C.P. 8

Registered number of application

THE TOWN AND COUNTRY PLANNING ACT NOTIFICATION OF APPROVAL/REFUSAL OF PLANNING PERMISSION To: ......................................... ................................................ ................................................ Your application numbered as above, submitted on for permission/permission in principle to on Road situate in ............................................. has been ..............................................................

on the by the................................................................... for the following reason\subject to the following conditions: Date Signed............................................................. ............................................................. (To be printed in duplicate)
Cap. 293

NOTES 1. In the case of subdivision approvals where the records of the subdivisional survey required by sections 10 (1) and 21 of the Land Survey Act are not lodged with the Surveyor-General within the period stated in the approval, such approval shall be deemed to be cancelled. 2. If the applicant is aggrieved by the decision of the planning authority to refuse permission for the proposed development or subdivision or to grant permission subject to conditions, he may, by notice served within twenty-eight days of the receipt of this notification or such longer period as the Town and Country Planning Tribunal in writing may agree, appeal to the Tribunal in terms of section 29 of the Act. 3. The Tribunal shall not be required to entertain an appeal under the aforesaid section 29 in respect of the determination of an application for permission to develop or subdivide land if it appears to the president or the vice-president of the Tribunal that permission or

approval for that development or subdivision could not have been granted otherwise than subject to the conditions imposed, having regard to the provisions of section 25 of the Act and of the appropriate development or subdivision order and to any directions given under such order. 4. In certain circumstances a claim may be made against the Minister or planning authority for compensation or acquisition of the land affected where permission or approval is refused or granted subject to conditions. The circumstances in which such compensation is payable or acquisition of land may be required are set out in Part VI of the Act. (No. 96 of 1964) ______________

FORM T. & C.P. 9

Registered number of application

THE TOWN AND COUNTRY PLANNING ACT NOTIFICATION OF DETERMINATION To: ......................................... ................................................ ................................................ Your application numbered as above submitted on ................................... .........for the determination whether the operation or change in use of land on. ...............................................situate in Road ................................................ would constitute or involve development was considered on It has been determined that the said operation/change in use .............................................require an application to be submitted for planning permission in respect thereof. Signed (To be printed in duplicate) (No. 96 of 1964)

THE TOWN AND COUNTRY PLANNING (DEVELOPMENT PLANS) REGULATIONS [ARRANGEMENT OF REGULATIONS]

PART I PRELIMINARY
Regulation 1. 2. 3. 4. Title Application Interpretation Scale of map

PART II FORM AND CONTENT OF DEVELOPMENT PLANS
5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. General description Land utilisation map Public utilities map Written analysis Basic map Designation map Comprehensive development map Written statement Written document Titles of maps and documents Reconcilation of maps and documents

PART III PROCEDURE FOR THE SUBMISSION AND APPROVAL OF DEVELOPMENT PLANS
16. 17. 18. 19. 20. 21. 22. 23. Submission of development plans to Minister Requirements in case of amendments to maps and documents Notice of submission of development plan Approval or rejection of development plan Certificates Revocation of approval development plan Access to development plan Publication of approved developments plan

Regulation

FIRST SCHEDULE-Particulars and proposals to be included in the various maps and documents forming the development plan SECOND SCHEDULE-Prescribed forms SECTION 53-THE TOWN AND COUNTRY PLANNING (DEVELOPMENT PLANS) REGULATIONS Regulations by the Minister
Government Notice 363 of 1962 Statutory Instruments 65 of 1965 323 of 1968 336 of 1969 58 of 1976 180 of 1979

PART I PRELIMINARY
1. These Regulations may be cited as the Town and Country Planning (Development Plans) Regulations.
Title

2. These Regulations shall apply to all development plans submitted to the Minister under the provisions of Parts III and IV of the Act. 3. In these Regulations, unless the context otherwise requires-

Application

Interpretation

"planning area" means the area specified by statutory notice for which an order to prepare a development plan has been made and shall include or exclude any additions or exclusions to the area of a development plan specified by statutory notice; "planning authority" means the local or other authority appointed by or under the provisions of section five of the Act. (As amended by No. 65 of 1965) 4. (1) Every map comprised in a development plan shall include a key describing the notation used. (2) Except where otherwise provided, the following scales shall be used for maps comprised in a development plan: (a) maps covering the planning area of any city, municipality or township, one inch to five hundred feet; (b) (c) feet. maps covering any other planning area 1/50,000; Comprehensive development maps, one inch to two hundred
Scale of map

(3) The Minister may, in any particular case, direct or approve a scale for any map comprised in a development plan which differs from the scale prescribed for that map in this regulation.

PART II

FORM AND CONTENT OF DEVELOPMENT PLANS
5. (1) Except where otherwise provided in sub-regulations (2) and (3), a development plan shall consist of a report of the survey and a basic map showing the manner in which land may be used and the stages by which any development may be carried out and such other maps and documents as may be appropriate under the succeeding provisions of these Regulations. (2) A proposal for modification of an approved development plan shall consist of such maps and documents as may be appropriate to the proposals and shall include a statement of the reasons for the proposal and any such map or document may be in substitution for any part of any map or document or in addition to any map or document forming part of the approved development plan. (3) A proposal for the revocation of an approved development plan shall include a statement of the reasons for the proposal. 6. The report of survey shall include a map to be known as a land utilisation map showing the existing use of land and buildings in respect of such of the items specified in Part I of the First Schedule as may be appropriate to the area to which the particular map relates and the date on which it was prepared. 7. The report of survey shall include a map to be known as a public utilities map showing particulars in respect of such of the items specified in Part I of the First Schedule as may be appropriate to the area to which the particular map relates. (As amended by S.I. No. 58 of 1976) 8. The report of survey shall also include a document to be known as a written analysis which shall contain such of the items, in that order, specified in Part I of the First Schedule as may be appropriate to the area to which the particular document relates and may include such other information as the planning authority considers necessary to support its
Written analysis Land utilisation map General description

Public utilities map

planning proposals. (As amended by S.I. No. 58 of 1976) 9. (1) The basic map shall be a map indicating the manner in which it is proposed that land may be developed during the subsequent period of thirty years in respect of such of the items specified in Part I of the First Schedule as may be appropriate to the area to which the map relates. (2) Notwithstanding the provisions of sub-regulation (1), the basic map shall include reservations of land for any public purpose, whether or not it is considered that such land will be so used within the subsequent period of thirty years, in every case where the boundaries or the approximate boundaries of the reservation are known at the time of preparation of the map. (3) Notwithstanding the provisions of sub-regulation (1), the basic map may include reservations of land for any public purpose where it is known that such reservation will eventually be required and the site, size or boundaries have not been decided and any such reservation shall be diagrammatic and in the form set out in Part I of the First Schedule. (4) Nothing in sub-regulations (2) and (3) shall in any way detract from the rights of any owner of land under the provisions of section forty-one of the Act. (5) The basic map shall also show the stages by which development may be carried out by classifying that development which may be likely to be carried out within a period of five years immediately following the submission of the development plan to the Minister for immediate use and that development which may be likely to be carried out in the subsequent period of five years. (6) The basic map shall also show the road layout for development for the two five year periods specified in sub-regulation (5) and the main road framework for the subsequent period of twenty years and at the end of each period of five years the road layout for development during the next subsequent period of ten years shall be shown by means of a modification to the approved development plan. (As amended by No. 336 of 1969 and No. 58 of 1976)
Basic map

10. A development plan which designates any land as subject to compulsory acquisition shall designate such land on a map to be known as a designation map and such map shall show particulars and proposals in respect of the items specified in Part I of the First Schedule. (As amended by S.I. No 58 of 1976) 11. (1) A development plan which defines any area as an area of comprehensive development shall define such area on a map to be known as a comprehensive development map and such map shall show particulars and proposals for development or redevelopment in respect of such of the items specified in Part I of the First Schedule as may be appropriate to the area. (2) Notwithstanding the provisions of sub-regulation (1), a planning authority, in the case of any area set out in the First Schedule to the Act shall and, in any other case, may, show its proposals for the development or redevelopment of the principal business area on a comprehensive development map. (As amended by S.I. No 58 of 1976) 12. Every development plan shall contain a document to be known as a written statement and such written statement shall include(a) a summary of the main proposals of the development plan with such descriptive matter as the planning authority considers necessary to illustrate the various proposals shown on the basic map or as the Minister may from time to time direct for that purpose; (b) in relation to any comprehensive development map, except a map prepared under the provisions of sub-regulation (2) of regulation 11, a statement in accordance with the provisions of subsection (3) of section sixteen of the Act of the purpose or purposes for which the area is to be developed or redeveloped as a whole; (c) in relation to any designation map designating land allocated by the development plan for any Government purposes or for the purpose of any function of a local or township authority, a statement identifying separately the land allocated for each Government purpose or to each local or township authority and the purpose for which such land is allocated and, in relation to any such map designating land comprised in an area of comprehensive development or contiguous or adjacent to any such area or for the purpose of securing its use in the manner proposed by the development plan, a statement identifying the land proposed for

Designation map

Comprehensive development map

Written statement

each use and the nature of that use. 13. Every development plan shall contain a document to be known as a written document and such document shall include provisions for the control of such of the items specified in the Second Schedule to the Act as may be included in the development plan. 14. The maps and documents referred to in this Part shall be identified on the face by the titles thereby conferred on them. 15. In the case of any contradiction in respect of any land to which a development plan relates between the particulars or proposals shown on one map comprised in the development plan and those shown on another or other such maps, the map which is to a larger scale shall, if those particulars or proposals are required by these Regulations to be shown thereon, prevail, and in the case of any contradiction between the maps included in the development plan and a document, the document shall prevail, and in the case of any contradiction between a symbol and a colour denoting a zone, reservation or use, the symbol shall prevail.
Written document

Titles of maps and documents

Reconciliation of maps and documents

PART III PROCEDURE FOR THE SUBMISSION AND APPROVAL OF DEVELOPMENT PLANS
16. A development plan shall be prepared in duplicate, each duplicate being certified by or on behalf of the planning authority by the person authorised so to do by a resolution of that planning authority. One duplicate shall be submitted to the Minister together with a certified copy thereof and a certificate that the provisions of subsection (5) of section sixteen and section nineteen of the Act have been complied with. 17. Any alteration, deletion, addition or other amendment to any map or document forming part of a development plan shall be signed by or on behalf of the planning authority by the person authorised so to do by a resolution of that planning authority or the Minister, as the case may be, and if not so signed shall not prevail.
Submission of development plans to Minister

Requirements in case of amendments to maps and documents

18. When a development plan is submitted to the Minister, the planning authority shall forthwith give public notice of the submission in the form set out in Part I of the Second Schedule. 19. (1) Where the Minister approves with or without modification a development plan submitted to him in accordance with these Regulations, he shall so certify the duplicate and the certified copy and return the certified copy to the planning authority which shall forthwith give public notice of the approval in the form set out in Part II of the Second Schedule. (2) Where the Minister rejects a development plan, he shall return the certified copy to the planning authority giving reasons for the rejection and the planning authority shall forthwith give public notice of the rejection. 20. (1) The planning authority shall submit as soon as possible to the Minister a certified copy of any advertisement published or notice served in pursuance of these Regulations or Parts III and IV of the Act. (2) When the Minister has notified the planning authority of his approval with or without modification or his rejection of the development plan, the planning authority shall, within seven days of the giving of any public notice or the serving of any notice required to be given or served in accordance with the provisions of section twenty-one of the Act, submit to the Minister a certificate that the provisions of the said section twenty-one have been complied with. 21. For the purposes of regulations 17, 18, 19 and 20, a development plan shall be deemed to include a proposal for revocation of an approved development plan. 22. (1) Before a development plan is submitted to the Minister, the planning authority shall make available at its offices any information regarding its proposals for the development of the area covered by the development plan that may reasonably be required to be known by any person intending to develop or subdivide land. (2) When the Minister has approved a development plan, certified

Notice of submission of development plan

Approval or rejection of development plan

Certificates

Revocation of approved development plan

Access to development plan

copies of the basic map and any designation map and any comprehensive development map and the written statement and written document shall be kept at the offices of the planning authority and any local or township authority having jurisdiction in any planning area covered by the development plan and made available for inspection by the public during normal hours of official business. 23. As soon as possible after the approval by the Minister of a development plan, the planning authority shall arrange for the printing or reproduction and publishing of the basic map, any designation map and any comprehensive development map, the written statement and the written document and shall make available printed copies thereof for sale to the public at a reasonable cost. APPENDIX
Publication of approved developments plan

FIRST SCHEDULE
PARTICULARS AND PROPOSALS TO BE INCLUDED IN THE VARIOUS MAPS AND DOCUMENTS FORMING THE DEVELOPMENT PLAN The colours specified hereunder to be used on the various maps are obligatory on all duplicates and certified copies submitted to the Minister, but shall not nevertheless form part of the development plan and copies of any map offered for sale to the public need not be so coloured. All references to colours are to the Standard Town and Country Planning Colours approved by the British Colour Council.

PART I
Regulation 6: Land Utilisation Map Regulation 7: Public Utilities Map Regulation 9: Basic Map Regulation 10: Designation Map Regulation 11: Comprehensive Development Map The whole of a site should be coloured on the Land Utilisation Map to indicate the predominant use, but where there are two more or less equal but different uses they should be indicated separately. Where the ground floor use differs from the predominant use it should be indicated separately by a band along the frontage with the appropriate symbol or

colour inside that band. The principal business area shall if necessary for clarity be shown on a separate map to a scale of 1:2 500. Existing uses to be outlined by a solid black line, and shaded by evenly spaced black dots, sized and spaced according to the scale of the map. Proposed uses to be outlined by a solid black line, not shaded, and indicated by the appropriate use letters. Deferred uses (proposed uses for the plan period subsequent to the first ten years) to be outlined by a solid black line and not shaded, with the appropriate letters in brackets. (As amended by S.I. no 58 of 1976)

Use 1. area 2. ownship authority area

Symbol Boundary of planning 9mm blue 2.1 border Boundary of local or line with name of authorities inside boundary

Colour Thick dot/dash line outside boundary Thick black dotted

3. development area 4.

Boundary of comprehensive Small inverted "V's" Opaque white ink border inside boundary inside boundary Reservations P....................................

(a) Public buildings and Red 1 cultural uses Community centre, public hall Entertainment, theatre, cinema Drive-in-cinema ............. PM Social club ...................... PS Church ............................ PW Public conveniences ....... PT Museum, cultural village PV

PC PE

(b) Administration ............... A.................................... Central Government office AC Local Government office AL Post Office...................... AP (c) Institutions ..................... . G.................................... (a) Education................... P.................................... Orange 1 to

Red 2

Orange (Four parts

one part Red 2) University .................. GEU Training and technical GET colleges Secondary school....... GES Primary school........... GEP Nursery school........... GEN (b) Health ........................ GH Hospital...................... GHO Mental hospital .......... GHM Rural health centre, clinic, dispensary (c) Others ........................ GO Police station and camp Prison......................... GOG Military uses .............. GOM Research station......... GOR (stating type) Electricity ....................... Water .............................. Sewage disposal ............. Refuse disposal............... Fire station...................... *-surface ..................... -underground ............ XE XW XS XR XF v ___v
/\

GHC

GCP

(d) Public utilities................ X....................................

Red brown 1.1

v
/\

_ v

Telephone or telegraph lines -surface | | | | | | | | | | | | | | -underground I I I I I I I I I Sewers* -| -| -| -| -| Water mains* -.. -..-..* Capacities or sizes should be figured.

Use

Symbol

Colour O....................................

(e) Open space and recreation Green 1.1 (a) Public open space ...... OP Park and play area ..... OPP

Playing fields, tennis court Swimming pool ......... OPS Golf course ................ OPG Racetrack, stadium, ... OPR showground Camp or caravan site . OPC (b) Private open space ..... OV Park or play area........ OVP Playing fields, tennis courts Swimming pool ......... OVS Golf course ................ OVG Race track .................. OVR Camp or caravan site . OVC Riding school............. OVE (c) Green belt .................. OGB 5. Transport........................ T (a) Roads ............................. Existing........................... Proposed ......................... -small scale ................. -large scale.................. diameter Road closure ................... Car park .......................... Lorry park....................... Street parking ................. Bus station ...................... Service station ................ Motel ..............................

OPF

OVF

Road width drawn to scale

══════
═ ═█═ ═ ═█═
█ █

Number and ultimate width in 12 mm circle Narrow hatching over portion affected and number in 6 mm diameter circle TCP.................................... Green grey 1.1 TLP Black chevrons along portion so used TBS TS TM

(b) Railway Existing........................... ++++++++++++++ Proposed ......................... ++ ++ ++ Railways reservation ...... TRY.................................... water colour (c) Navigable waterway ...... TW.................................... Channel........................... _ _ _ _ _ _ _ _ Dock area........................ ......................................... (d) Airport, airfield, airstrip TA.................................... 6. Communications............. C

Light paynes grey

Blue 1 Red purple 1.1 Green brown 1 Brown 1.1

Radio or telegraph station ... CR Television station ................ CTU Telephone exchange............ CT 7. Residential ..................... R .................................... RSD RT RS RUS RSS RV RH RRH RHO Red purple 1.1 FL FH FS FW Symbol Colour Yellow 2.1 Semi-detached house........... Terraced houses................... Flats ..................................... Unauthorised settlement...... Site and service scheme ...... Traditional village ............... Hotel.................................... Rest house ........................... Hostel .................................. 8. Light industry ...................... Heavy industry .................... Special industry................... Warehousing ....................... Use 9.

Industrial ....................... F ....................................

Commercial ................... B ....................................... Blue 2.1 BS BSS BC BL BL BM

Shopping ............................. Special shopping ................. Office .................................. Bank .................................... Licensed premises ............... Retail market .......................

10.

Residential U Residential R Block of flats ....................... RF Boarding-house ................... RB Residential hotel, licensed... RL Residential hotel, private..... RP Residential hotel, motel....... RM Squatter compound ............. RSC

....................................... brown 1.5 .......................................

Green Yellow 2.1

}

...................................... shade of yellow

Deeper

..................................... edging inside

Brown 2 boundary

Site and service scheme ...... RSS

.....................................

Brown 1.1

11.

Mining and quarrying

M .......................................

Grey 1.2

Surface working .................. MS Mine plant ........................... MP Mining claim area ............... MC Slimes dam .......................... MD Slag heap ............................. MH Magazine ............................. MM Limit of underground working 12. Miscellaneous

-.. -..-..-

Cemetery or crematorium ... CE ..................................... Green brown 2 Building line (show distance in -.-.-.black) (10 m) Land covered by water ........ LW ..................................... Blue 1 Water protection area .......... W ..................................... Blue 1 edging Land unsuitable for building US ..................................... Yellow brown 1 development Undetermined land use........ UL ..................................... Uncoloured Undeveloped ....................... V ..................................... Uncoloured (As amended by S.I. No. 180 of 1979) 13. Areas for compulsory acquisition . Orange 1 inside red 1 border numbered 14. Diagrammatic reservation (Regulation 9 (3)) 12 mm diameter circle with appropriate symbol Thick line around boundary and

PART II
(Regulation 8) WRITTEN ANALYSIS The Report of Survey The Report 1.......................................Introduction The Maps and documents Notations, zones and reservations Non-conforming uses 2.......................................History History of the town General survey of plan Main planning problems 3.......................................Population Population trends Population structure Children of school age 4.......................................Housing needs Population densities Family sizes 5.......................................Areas of development Town centre Residential areas Commercial areas Industrial areas Other areas 6.......................................Employment Structure and ratios Trends and requirements Distance home to work 7.......................................Communications Roads and vehicle parks Railways and bus services Airfields 8.......................................Minerals Sand, gravel, copper, etc. 9.......................................Education Kindergarten, primary and secondary schools Post-secondary and adult schools 10.......................................Social Health and welfare Civic and cultural facilities Cemeteries 11.......................................Open spaces Standards and distribution Playing fields Other types Proposals in development plan 12.......................................Shopping facilities Situation and areas served 13.......................................Public utilities Water

Electricity Sewerage and sewage disposal Refuse disposal 14.......................................Government development Offices Works Police 15. Conclusions Appendix Table 1 .............................. Distribution of Population Table 2 .............................. Distribution of Shops Table 3 .............................. Distribution of Open Spaces Table 4 .............................. Distribution of Schools Table 5 .............................. Distribution of Industry Table 6 .............................. Employment Summary Table 7 .............................. Changes in Land Use

Housing

The tables are set out in a standard form so that the information may be readily extracted and collated for Zambia as a whole. They may not be fully applicable in every case and planning authorities should adapt them where necessary.

Table 1

DISTRIBUTION OF POPULATION
Estimated At time of survey 19....

Index Number of area primarily for residential use

Gross acreage

Population

Gross density/ acre

Estimated At end of first stage 19.... Gross Gross density/ acreage Population acre

1. 2. 3. Total in residential areas Areas not primarily allocated for residential use.

Total

Table 2

DISTRIBUTION OF SHOPS

Existing shops at time of survey 19.....
Residential Area No.

At beginning of plan period 1 Foot frontage Estimated population

No. of shops 1.
2. 3. Central area Other areas Total

No./1,000 population

Foot frontage

Frontage/ 1,000 population

Fr

pop

Table 3
Residential Area No.

DISTRIBUTION O Existing at time of survey 19.... Acreage/1,000 population

Acreage

Land r At beginning of plan 19.... Acreag Acreage popul

1. Public playing fields Other public open spaces Private playing fields Other private open spaces Total open space 2. Public playing fields Other public open spaces Private playing fields Other private open spaces Total open space All other areas: Public playing fields Other public open spaces Private playing fields Other private open spaces Total open space

Table 4

DISTRIBUTION OF SCHOOLS Estimated at time of survey 19.... Agreage/ No. of No. of 1,0000 classes pupils Acreage population

Residential Area No.

Estimated at end of first stage 19.... Agreag No. of No. of 1,0000 classes pupils Acreage populati

1. Local primary................ Local secondary.......... 2. Local primary................ Local secondary.......... 3. Local primary................ Local secondary.......... Non-local ..................... Secondary.................... Other schools...............

Table 5

DISTRIBUTION OF INDUSTRY Acreage of existing industries at time of survey 19.... Acreage zoned at beginning of plan period 19....

Type of industry

Light: Serviced Unserviced General: Serviced Unserviced Special: Serviced Unserviced

Table 6

EMPLOYMENT SUMMARY Number of persons employed

Industrial Classification

Males 1. Primary production:: Agriculture, forestry, etc. Mining and quarrying
Sub-total

195..population Total Females employed

Percentage of population

Males

Fe

2. Manufacture: Chemicals.. Metals.. Non-metals.. Engineering Vehicles Textiles Clothing Food, drink, tobacco Timber Printing Other manufactures
Sub-total

3. Service: Central and Local Government Building and contracting Electricity, water Transport Distributive Professional, banking, etc. Miscellaneous
Sub-total Total

Table 7

CHANGES IN LAND USE
Acreage of land for

At time of survey 19....

At end of plan period 19....

1. Net residential use 2. Industry 3. Education including playing fields 4. Open spaces not included in above: (i) public playing fields (ii) private playing fields (iii) other open spaces 5. Other major uses: (i) Commercial: (a) in town centres (b) in other areas (ii) Central and Local Government: (a) in town centres (b) in other areas (iii) Hospitals.. (iv) Railways.. (v) Airports and airfields 6. Mining 7. Other land
Total acreage of planning area

PART IV
(Regulation 9) BASIC MAP

Use

Symbol

Colour

1.

Boundary of planning 3/ inch blue 2.1 border 8 outside boundary Boundary of local or with name of authorities inside boundary

Thick dot/dash line area Thick dotted line

2. ownship authority area

3. development area 4. mineral working 5. restrictions 6.

Boundary of comprehensive Small inverted "v's" Opaque white ink border inside boundary inside boundary Limits of underground Land subject to special hatched with nature of restriction shown Reservations Yellow green 1.2 Green brown 1.1 Green brown 1.1 Green brown 1.1 Dash three dot line Edged and wide

(a) Aerodrome or airstrip ..... . AD ...................... Allotment, public............ . AL ...................... Forest reserve ................. . WR ..................... Protected woodland ........ . WP ..................... (b) Open spaces: Public: Garden or park................ O Golf course ..................... OG Playing field, tennis court, etc. Race track....................... OR Stadium........................... OS Private: Garden or park................ O2 Golf course ..................... O2G Playing field, tennis court, etc.

OF

O2F

Race track....................... Miscellaneous: Camping site................... Caravan site .................... Camping and caravan site 1.2 ........................................ Magazine ........................ a F inch

O2R CS....................... CA ...................... ............................ CAS D with danger area Yellow green 1.2 Yellow green 1.2 Yellow green Grey 1.3 inside grey 1 border Brown 2.3 diluted 1:16 Red 1.1 Red 1.1 office Green grey 1.1 Red 2 edging inside boundaries Green brown 2.1 Yellow brown 2.1 Green brown

in thick circle...... Mission .. ........................ M ........................ (c) Public buildings and places of assembly Civic centre .................... P ......................... Central or local government .......................... P2 Drive-in cinema.............. P9 ....................... (d) Government purpose ..... Thin line inside... boundaries Police camp .. ................. G......................... Prison.............................. G2....................... Camp or barracks for ...................... G4 2.1 armed services (e) Hospital ......................... H......................... Hospital, mental ............. HM ..................... (f) Public undertaking ......... Red brown 1.1 Electricity ....................... X Water .............................. X2 Sewage disposal ............. X3 Refuse disposal............... X4 Fire station...................... X5 Wireless or television station Use Symbol

Red 1.1 (where large grounds are attached -yellow green 1.2)

X6 Colour

(g) School, college, etc. Primary school................ Secondary school............ Teachers' training school Trade school ................... Technical institute .......... Other schools.................. Boarding or residential schools

S S2 S3 S4 S5 S6

Red 1.1 (where large grounds are attached -yellow green 1.2)

and private schools should be distinguished by adding the letter "R" or "P" after the appropriate symbol. (h) Vehicle parks Car park .......................... CP....................... Green grey 1 Bus or lorry park ............ VP....................... Green grey 1 Roadside parking in principal Black chevrons along business area................... portion so used 7. Communications Light Paynes grey water colour

Railway operational area..... T ......................... Roads Existing inter-territorial....... Thick solid line or territorial main roads New road or road widening Thick broken line with number and ultimate width in G inch diameter circle Road closure Narrow hatching .... over portion affected and number in ......... 1/4 inch diameter .... circle 8. 9. Zones 10. Residential (a) Residential...................... (b) Special residential .......... (c) Deferred residential ....... (d) Site and service scheme. R ......................... RS....................... RD ...................... RSS..................... Building line Dot dash line with distance in black

Land covered by water ... L ........................

Blue 1

Yellow 2.1 Yellow 2 Yellow 2.3 Brown 1.1 Blue 2.1

11. Commercial General business.................. B .........................

Special business .................. B2 ....................... Office .................................. - .......................... 12. Industrial (a) Warehousing................... F2 ....................... Light industry ................. F3 ....................... General industry ............. F4 ....................... Special or offensive industry......................... F5 hatched (b) Deferred warehousing F2D border Deferred light industry ... F3D..................... Deferred general industry ............................ F4D inch Deferred special or ......... F5D.....................

Blue 2 Green blue 1.1

Purple water colour Red purple 1.1 Blue purple 1.2 Edged and blue purple 1.2 Outer edge of F inch purple water colour Outer edge of F inch red purple 1.1 border Outer edge of F blue purple 1.2 border Hatched blue purple offensive industry 1.3

Use

Symbol

Colour

(c) Deferred industry unclassified inch

FD

Outer edge of F red purple 1.3 border

13. Undetermined .................... U......................... 14. Rural ................................. UL ...................... 15. Agricultural ....................... AG ...................... 16. Diagrammatic reservations 1/2 inch diameter circle (Regulation 9 (3)) with appropriate symbol (As amended by No. 323 of 1968 and No. 336 of 1969)

Blue 2 diluted 1.32 Yellow brown 1.2 Green brown 1.4

PART V
(Regulation 10) DESIGNATION MAP

Use

Symbol

Colour

1.

Boundary of planning area Inner edge of 3/8 inch

Think dot/dash line

cobalt blue ink border 2. Boundary of local or township Thick dotted line with authority area name of authority inside boundary 3. Each area to be compulsorily Orange 1 inside red 1 acquired. boundary and numbered Thick line around border

PART VI
(Regulation 11) COMPREHENSIVE DEVELOPMENT MAP The symbols and colours to be used shall be the same as specified for a land utilisation map in Part I and for a basic map in Part IV.

SECOND SCHEDULE PRESCRIBED FORMS PART I
(Regulation 18) NOTICE OF SUBMISSION OF DEVELOPMENT PLAN THE TOWN AND COUNTRY PLANNING ACT (Name of Planning Authority) (Title of Development Plan) NOTICE IS HEREBY GIVEN that the above Development Plan was on the of submitted to the Minister of Provincial and Local Government for approval. day

The Development Plan relates to land situate within

A duplicate of the Development Plan as submitted for approval has been deposited for public inspection at the offices of the at The duplicate so deposited is available for inspection free of charge by all persons interested at the above-mentioned address between the hours of and Planning Authority

Any interested person who wishes to make any representation in connection with or objection to the above Development Plan may send such representations or objections in writing to be received by the Minister of Provincial and Local Government, P.O. Box RW, 27, Lusaka, not later than the ................. day of ......................and any such representation or objection shall state the grounds on which it is made. Any person sending such representation or objection to the Minister of Provincial and Local Government shall send a copy thereof to be received by the Planning Authority not later than the ..................day of Dated this ................................... (Signed) day of ......................................... for . Planning Authority

PART II
(Regulation 19) NOTICE OF APPROVAL OF DEVELOPMENT PLAN THE TOWN AND COUNTRY PLANNING ACT (Name of Planning Authority) (Title of Development Plan) NOTICE IS HEREBY GIVEN that on the day of ............. the Minister of Provincial and Local Government Approved (with modifications) the above Development Plan. A certified copy of the Development Plan as approved has been deposited at the offices of the Planning Authority at (1) and at the offices of the at The copy of the Development Plan so deposited will be open for inspection free of charge by an interested person between the hours of Any person wishing to do so may purchase copies of the Basic Map, (2) the Map, the Written Statement and the Written Document on application to the Planning Authority. Dated this ....................................... (Signed) day of .............................................. for Planning Authority

NOTES (1) Insert the name and address of any local or township authority affected by the Development Plan. (2) Insert any Comprehensive Development Map.

SECTION 53-THE TOWN AND COUNTRY PLANNING (ENFORCEMENT NOTICES) REGULATIONS Regulations by the Minister

Government Notice 361 of 1962 Statutary Instrument 65 of 1965

1. These Regulations may be cited as the Town and Country Planning (Enforcement Notices) Regulations. 2. These Regulations shall apply to any enforcement notice served under the provisions of section thirty-one of the Act. 3. In these Regulations, unless the context otherwise requires-

Title

Application

Interpretation

"enforcement notice" means an enforcement notice served under the provisions of section thirty-one of the Act; "planning authority" means a planning authority to which functions have been delegated under the provisions of section twenty-four of the Act. (As amended by No. 65 of 1965) 4. An enforcement notice shall be in the form set out in Part I or Part II of the Schedule. 5. (1) The Minister or planning authority, as the case may be, shall keep a register containing the following information in respect of every enforcement notice he or it serves, namely: (a) the name and address of the person on whom the enforcement notice is served, the stand, plot, lot or farm number of the property affected and the road, district and the town in which it is situate, the number of the enforcement notice, the date of any approval by the Minister of the enforcement notice, the date of service of the enforcement notice and brief particulars of the nature of the enforcement notice; (b) the date the enforcement notice is to take effect;
Form of enforcement notice

Register

(c) the date and effect of any determination of the Tribunal in respect of an appeal against the enforcement notice; (d) the date and effect of any decision of the High Court in respect of an appeal against the determination of the Tribunal; (e) the date and brief particulars of any action taken by the person on whom the enforcement notice is served to satisfy the conditions therein and whether or not he has complied with the enforcement notice; (f) the date and effect of any action taken by the planning authority to enforce the notice. (2) Every enforcement notice in respect of which an entry is made in the register shall be numbered and such numbers shall run consecutively. 6. Every register shall contain an index in the form of cards, each card to contain the stand, plot, lot or farm number of the property affected and the road, district and town in which it is situate, the name and address of the person on whom the enforcement notice is served and the registered number of the enforcement notice, and to be filed by townships in numerical sequence according to the stand or plot number and by lots or farms in numerical sequence according to the lot number or farm number. 7. Every entry in the register shall be made within seven days of the happening of the event in respect of which an entry is required to be made. 8. The register shall be kept at the office of the Minister or planning authority, as the case may be, and made available for inspection by the public during normal hours of official business.
Index to register

Entry in register

Inspection of register

SCHEDULE
(Regulation 4) PRESCRIBED FORMS

PART I
ENFORCEMENT NOTICE THE TOWN AND COUNTRY PLANNING ACT (Section 31 (1)) To 1. *It appears that the development/subdivision of land as described hereunder has been carried out after the 16th November, 1962, without the grant of permission required in that behalf under Part V of the Town and Country Planning Act. 1. *It appears that the following condition/s

subject to which permission for the development\subdivision of land as described hereunder was granted in respect thereof under Part V of the Town and Country Planning Act has/have not been complied with. 2. (Description of development or subdivision of land)

3. You are hereby required to (describe the steps to be taken)

within a period of

from the

date of this notice or such extended period as the Planning Authority/Natural Resources Board/Minister of Provincial and Local Government may in writing allow, failing which the Planning Authority/Natural Resources Board/Minister of Provincial and Local Government may enter on the land and do those things and may recover as a civil debt in any court of competent jurisdiction from the person who is then the owner of the land to which this notice relates any expenses reasonably incurred by the said Planning Authority/Natural Resources Board/Minister of Provincial and Local Government in that behalf. 4. If any person uses or causes or permits to be used the land to which this notice relates or carries out or causes or permits to be carried out operations on the said land in contravention of this notice without the grant of permission in that behalf under Part V of the Town and Country Planning Act, he shall be guilty of an offence. 5. This notice shall take effect on the ..... .... day of ........... 19........

6. If you are aggrieved by this notice you may appeal to the Town and Country Planning Tribunal in accordance with the Town and Country Planning (Appeals) Regulations before the aforesaid..........................................day of ..................................19.... in which case the operation of this notice shall be suspended pending the final determination or withdrawal of the appeal. Dated this .......................................... .day of ................................................. 19.... (Signed)

*Delete whichever is inapplicable.

PART II
ENFORCEMENT NOTICE THE TOWN AND COUNTRY PLANNING ACT (Section 31 (2)) To 1. You are hereby required to (describe steps to be taken and the description of the property) within a period of from the date of this

notice or such extended period as the Planning Authority/Natural Resources Board/Minister of Provincial and Local Government may in writing allow. 2. If any person uses or causes or permits to be used the land to which this notice relates or carries out or causes or permits to be carried out operations on the said land in contravention of this notice without the grant of permission in that behalf under Part V of the Town and Country Planning Act, he shall be guilty of an offence. 3. This notice shall take effect on the 19........... 4. If you are aggrieved by this notice you may appeal to the Town and Country Planning Tribunal in accordance with the Town and Country Planning (Appeals) Regulations before the aforesaid day of...................................19........... in which case the operation of this notice shall be suspended pending the final determination or withdrawal of the appeal. 5. In certain circumstances a claim for compensation may arise as a result of this notice and the circumstances in which such compensation is payable are set out in Part VI of the Town and Country Planning Act. Dated this .......................................... .day of ................................................. 19.... (Signed) day of

SECTION 53-THE TOWN AND COUNTRY PLANNING (USE GROUPS) REGULATIONS Regulations by the Minister 1. These Regulations may be cited as the Town and Country Planning (Use Groups) Regulations. 2. These Regulations shall apply to all land(a) in any area in respect of which there is an order, made under the provisions of the Act, to prepare a development plan; and (b) in any area subject to an approved development plan; and (c) in such areas as are within a distance of twenty miles from the boundaries of any area mentioned in paragraph (a) or (b); and (d) in such other areas as may be specified by the Minister by statutory notice. 3. In these Regulations, unless the context otherwise requires-

Government Notice 359 of 1962

Title

Application

Interpretation

"building" includes any structure or erection and any part of a building so defined, but does not include plant or machinery comprised in a building, and references to a building shall, except where otherwise provided, include references to land occupied therewith and used for the same purposes as that building; "funfair" includes an amusement arcade or pin-table saloon; "general industrial building" means an industrial building other than a light industrial building or a special industrial building; "industrial building" means a building (other than a shop, or a building in or adjacent to and belonging to a quarry or mine) used for the carrying on of any process for or incidental to any of the following purposes, namely: (a) (b) the making of any article or of any part of an article; or the alteration, repair, ornamentation, finishing, cleaning,

washing, packing or canning, or adapting for sale, or breaking up or demolition of any article; or (c) without prejudice to the foregoing paragraphs, the getting, dressing or treatment of minerals; being a process carried on in the course of trade or business other than agriculture; "light industrial building" means an industrial building (not being a special industrial building) in which the processes carried on or the machinery installed are such as could be carried on or installed in any residential area without detriment to the amenity of that area by reason of noise, vibration, smell, fumes, smoke, soot, ash, dust or grift; "office" includes a bank, but does not include a post office or betting office; "shop" means a building used for the carrying on of any retail trade or retail business wherein the primary purpose is the selling of goods by retail, and includes a building used for the purposes of a hairdresser, undertaker or ticket agency or for the reception of goods to be washed, cleaned or repaired, or for any other purpose appropriate to a shopping area, but does not include a building used as a funfair, repair garage or garage, petroleum filling station, office, betting office, or hotel or premises (other than a restaurant) licensed for the sale of intoxicating liquors for consumption on the premises; "special industrial building" means an industrial building used for one or more of the purposes specified in Use Groups 18, 19, 20, 21 and 22 in the Schedule. 4. (1) Where a building or land is used for a purpose described in any group specified in the Schedule, the use of such building or land for any other purpose described in the same group shall not be deemed for the purposes of the Act to involve development. (2) A use which is ordinarily incidental to and included in any use specified in the Schedule is not excluded from that use as an incident thereto merely by reason of its specification in the Schedule as a separate use.
Use groups

SCHEDULE
(Regulations 3 and 4) USE GROUPS Group 1. Use as a board or guest house, a residential club or an hotel providing sleeping accommodation. Group 2. Use as a residential or boarding school or a residential college. Group 3. Use as a building for public worship or religious instruction or for the social or recreational activities of the religious body using the building. Group 4. Use as a home or institution providing for the boarding, care and maintenance of children, old people or persons under disability, a convalescent home, a nursing home, a sanatorium or a hospital (other than a hospital, home, hostel or institution included in Group 7). Group 5. Use (other than residentially) as a health centre, a school treatment centre, a clinic or a dispensary or use as a consulting room or surgery unattached to the residence of the consultant or practitioner. Group 6. Use as a creche, a day nursery or a non-residential school for children. Group 7. Use as a hospital; home or institution for persons suffering from mental disorder or epileptic persons, or a home, hosted or institution in which persons may be detained by order of a court or which is approved by Government for persons residing there under a requirement of a probation or supervision order. Group 8. Use as an art gallery (other than for business purposes), a museum, a public library, a concert hall, an exhibition hall, a non-residential club or a social or community centre. Group 9. Use as a non-residential college or technical institute or a Local or Central Government office. Group 10. Use as a theatre, a cinema other than a drive-in cinema, a music hall, a swimming bath, a Turkish or other vapour bath or a gymnasium. Group 11. Use as a funfair or an amusement hall. Group 12. Use as a football ground, an athletic ground, a sports ground, a race course or track, a stadium or a drive-in cinema. Group 13. Use as a shop for any purpose except as(i) a fried fish shop; (ii) a butcher's shop; (iii)a shop for the sale of pet animals or birds; (iv) a shop for the sale of motor vehicles;

(v) a drive-in shop. Group 14. Use as an office for any purpose. Group 15. Use as a wholesale warehouse or repository for any purpose (other than the storage of offensive or dangerous matter). Group 16. Use as a light industrial building for any purpose. Group 17. Use as a general industrial building for any purpose. Group 18. Use for any of the following processes: (i) smelting, calcining, sintering or reduction of ores, minerals, concentrates or mattes; (ii) converting, re-heating, annealing, hardening, melting, carbonising, forging, rolling or casting of iron or other metals or alloys; (iii)recovery of metal from scrap, or drosses, or ashes; (iv) galvanising; (v) pickling or treatment of metal in acid; (vi) chromium plating. Group 19. Use for any of the following processes so far as not included in Group 18 and except a process ancillary to the getting, dressing or treatment of minerals, carried on, in or adjacent to a quarry or mine: (i) the burning of building bricks; (ii) the burning of lime and dolomite; (iii)the production of coke; (iv) the production of calcium carbide, zinc oxide or sulphur chloride; (v) the foaming, crushing or screening of stone or slag. Group 20. Use for any of the following processes so far as not included in Group 18: (i) the production or employment of cyanogen or its compounds; (ii) the manufacture of glass where the sodium sulphate used exceeds 1.5 per centum of the total weight of the melt; (iii)the production of zinc chloride, liquid or gaseous sulphur dioxide; (iv) the production of salt-glazed ware; (v) the production or employment of radio-active minerals. Group 21. Use for any of the following processes so far as not included in Group 18: The distilling, refining or blending of oils, the production or employment of cellulose lacquers (except their employment in repair garages in connection with minor repairs), hot pitch or bitumen, or pyridine; the stoving of enamelled ware; the production of amylacetate, aromatic esters, butyric acid, caramel, hexamine, iodoform, B-naphthol, resin products (except synthetic resins, plastic moulding or extrusion compositions and plastic sheets,

rods, tubes, filaments, fibres or optical components produced by casting, calendering, moulding, shaping or extrusion), salicylic acid or sulphonated organic compounds, lampblack, ultramarine; paint and varnish manufacture (excluding mixing, milling and grinding); the production of rubber from scrap; or the manufacture of acetylene from calcium carbide for sale or for use in a further chemical process. Group 22. Use for carrying on any of the following industries, businesses or trades so far as not included in Group 18: Animal charcoal manufacturer. Animal hair cleanser, adapter or treater. Blood albumen maker. Blood boiler. Bone boiler or steamer. Bone burner. Bone grinder. Breeder of maggots from putrescible matter. Candle maker. Catgut manufacturer. Chitterling or nettlings boiler (not carried on as subsidiary to a retail butcher). Dealer in rags and bones (including receiving, storing, sorting or manipulating rags in or likely to become in an offensive condition, or any bones, rabbit-skins, fat or putrescible animal products of a like nature). Fat melter or fat extractor. Fellmonger. Fish curer (not carried on as subsidiary to a fishmonger). Fish oil manufacturer. Fish skin dresser or scraper. Glue maker. Gutscraper or gut cleaner. Leather dresser. Maker of meal for feeding poultry, dogs, cattle or other animals from any fish, blood, bone, fat or animal offal, either in an offensive condition or subjected to any process causing noxious or injurious effluvia. Manufacturer of manure from bones, fish, fish offal, blood, spent hops, beans or other putrescible animal or vegetable matter. Parchment or paper maker. Size maker.

Skin drier. Soap boiler. Tallow melter or refiner. Tanner. Tripe boiler or cleaner. Wood pulp manufactuer.

NOTICES AND ORDERS MADE UNDER THE TOWN PLANNING ACT-CHAPTER 123 OF THE 1959 EDITION OF THE LAWS
(Section 15 of the Interpretation and General Provisions Act) APPROVED SCHEMES Area Avondale Park Barlaston Park Buckley's Buckley's Chelston Chingola Handsworth Park Jesmondene Kabwe Kabwe Kitwe Government Notice 88 of 1956 as amended by 219 of 1957 214 of 1954 242 of 1952 156 of 1957 94 of 1960 as amended by 102 of 1960 351 of 1959 47 of 1955 as amended by 8 and 268 of 1962 153 of 1956 246 of 1962 248 of 1962 291 of 1958 and 7 of 1959

Kitwe Kitwe Lilanda

266 of 1962 322 of 1962 137 of 1958 as amended by 323 of 1959, 315 of 1961 and 100 and 347 of 1962 187 of 1961 300 of 1952 as amended by 237 of 1963 289 of 1958 and 8 of 1959 and 99 of 1964 174 of 1961 as amended by 206 of 1963 157 of 1956

Luanshya Lusaka Lusaka Mufulira St. Mary's Estate

PREPARATION BY THE TOWN PLANNING BOARD OF A SCHEME FOR CERTAIN AREAS
Area Kitwe Luanshya Lusaka Ndola Government Notice 314 of 1961 346 of 1962 326 of 1962 316 of 1958
Statutory Instrument 83 of 1993

SECTION 24-THE TOWN AND COUNTRY PLANNING (DELEGATION OF FUNCTIONS) ORDER 1. This Order may be cited as the Town and Country Planning (Delegation of Functions) Order 2. The functions of the Minister under section twenty-five of the Town and Country Planning Act, in so far as these powers relate to the grant or refusal of permission to subdivide for agricultural purposes agricultural

Title

Delegation Act No. 12 of 1990

land situated outside areas subject to a development plan or approved development plan are hereby delegated to the National Environmental Council established under the Environmental Protection and Pollution Control Act, 1990 and any liability to pay compensation under the Town and Country Planning Act in respect of anything done by the National Environmental Council in exercise of the functions delegated to it hereunder is hereby transferred to the National Environmental Council. 3. Government Notice No. 354 of 1962 is hereby revoked.
Revocation of G.N. No. 345 of 1962 Statutory Instrument 145 of 1993

SECTION 3-THE TOWN AND COUNTRY PLANNING (APPLICATION) ORDER 1. This Order may be cited as the Town and Country Planning (Application) Order 2. The Town and Country Planning Act shall apply to all areas of Reserve Land contained within the boundaries or the area described in the Schedule to this Order

Title

Application of the Town and Country Planning Act

SCHEDULE
(Paragraph 2)

CHIRUNDU
Starting at the confluence of the Zambezi and Nakakuyu Rivers, the boundary proceedings up the Nakakuyu River for a distance of 550 meters to the confluence of the Nakakuyu River with an unnamed tributary; thence the boundary proceeds up this unnamed stream to its confluence with another second unnamed stream; thence the boundary proceeds up the second unnamed stream crossing the Chirundu/Kafue Road-T2 Road to its source; thence on a bearing of 66 degrees for a distance of 960 meters to point D at the source of an unnamed tributary of the Namusasu River; thence down the Namusasu River to its confluence with the Zambezi River; thence in a straight line to the international boundary between Zambia and Zimbabwe; thence up the Zambezi River; thence in a straight line in the north-western direction to the confluence of the Nakakuyu and Zambezi Rivers, the point of starting.

1. all bearings and distances are approximate; and 2. bearings are taken from the North. The above described area in extent 395 hectares approximately is shown bordered green on Plan No. T86/3 deposited in the Office of the Surveyor-General, signed by him and dated 29th May, 1992.

CHAPTER 284 THE LOCAL AUTHORITIES SUPERANNUATION FUND ACT
ARRANGEMENT OF SECTIONS

ART I PRELIMINARY Section 1. 2. 3. Short title Interpretation Continuous service

PART II ESTABLISHMENT COMMITTEE 4. 5. OF FUND AND MANAGEMENT

Establishment of Fund Establishment of Committee

PART III FINANCE AND MANAGEMENT 6. 7. 8. 9. 10. Transfer of assets Property of Fund Application of Fund Appointment of actuary and officers Actuarial valuation of Fund

11. 12.

Accounts and audit Investment of Fund and guarantee of interest

PART IV MEMBERSHIP OF FUND 13. 14. 15. 16. 17. 18. Local authorities (Repealed by No. 52 of 1970) Members of Fund Evidence of health (Repealed by No. 52 of 1970) Temporary employees

PART V CONTRIBUTIONS TO FUND Section 19. 20. 21. 22. 23. 24. Contributions by members Method of payment of members' contributions Contributions by local authorities Contributions whilst on leave Probationary service Reduction of emoluments

PART VI RETIREMENTS AND BENEFITS 25. 26. 27. 28. 29. 30. Retirement benefit Retirement due to age, etc. Retirement due to ill health Retirement due to reorganisation, etc. Retirement in favour of citizens of Zambia Lump sum where annuity not payable

31. 32. 33. 34. 35. 36. 37. 38.

Retirement of female member on marriage Dismissal Lump sum in other cases Re-employment of member Death of member Benefits not assignable Annuity on insolvency Effect of conviction

PART VII MISCELLANEOUS 39. 40. 41. 42. 43. 44. 45. Interchange and secondment of members Powers of Committee Rules Indemnities Disputes Application Recovery of debts from benefits

46. Information to be furnished by or in respect of eligible employees and members 47. 48. Payment to dependants Payment of benefits free of bank commission

FIRST SCHEDULE-Amounts payable in terms of section 25 (b) in commutation of each K1 of annuity on retirement in terms of section 26, 28 or 29 SECOND SCHEDULE-Calculation of additional retirement benefit for the purposes of section 29 THIRD SCHEDULE-Amounts payable in commutation of each K1 of annuity on retirement in terms of section 28 or 29
CHAPTER 284 22 of 1962 22 of 1964

LOCAL AUTHORITIES SUPERANNUATION FUND An Act to make provision for the establishment of a Superannuation Fund for employees of local authorities and other public bodies; to provide for the vesting of such Fund in a Management Committee and for the powers and duties of such Committee; to provide for the payment of contributions to and pensions and gratuities from such Fund; and to provide for matters incidental to and connected with the foregoing. [1st May, 1963]

69 of 1965 Government Notices 202 of 1964 497 of 1964 Act 52 of 1970 17 of 1989 14 of 1990 26 of 1991 27 of 1992 13 of 1993

PART I PRELIMINARY 1. This Act may be cited as the Local Authorities Superannuation Fund Short title Act. 2. In this Act, unless the context otherwise requires"the actuary" means the actuary appointed under the provisions of subsection (1) of section nine; "admitted in ill health", in relation to a member, means admitted to the Fund on the basis of paragraph (b) of subsection (2) of section sixteen, or deemed to have been admitted in ill health by virtue of the provisions of subsection (3) or (4) of the said section; "annuity" means an annual sum payable out of the Fund during the lifetime of a member or of the widow of a member; "appointed day" means the date fixed under the provisions of section four; "associated authority" means a local authority declared to be an associated authority under the provisions of subsection (1) of section thirteen and a local authority which becomes an associated authority under the provisions of subsection (3) of the said section; Interpretation

"benefit" means a retirement benefit, additional retirement benefit, annuity, lump sum or other benefit payable to a member or his dependants out of the Fund; "Board" means the Board of the local Authorities Superannuation Fund established under section five; "continuous service" has the meaning assigned to it by section three; "contributions" includes contributions paid into the existing fund; "dependant", in relation to a member, means(a) any of the following persons whose name has been notified to the Committee in writing by such member: (i) the spouse or minor child of such member; (ii) a parent, brother, sister, stepchild, minor adopted child or adult child of such member wholly or in part dependent upon such member for support and maintenance; and (iii) any other person who satisfies the Committee that he is wholly dependent upon such member for support and maintenance; or (b) where such member has not so notified the Committee of the name of any such person or where there is no person surviving whose name has been so notified to the Committee(i) the spouse of such member; (ii) if such spouse is deceased, all minor children of such member together with all minor stepchildren and minor adopted children of such member who are wholly or in part dependent upon him for support and maintenance; "designated employees" means-

(a)

all officers of an associated authority; and

(b) all servants of an associated authority who belong to a class or description which the associated authority has by a statutory resolution specified as a class or description, the members of, or persons falling within which, are to be designated employees; "eligible employee" means(a) an officer or servant in the whole time service of a local authority on a permanent engagement; or (b) an officer or servant engaged under contract who at the *commencement of Act No. 52 of 1970 is a member of the Fund; * 27th October, 1970. who has attained the age of eighteen years and who is a designated employee; "employer", in relation to any person, means the local authority by which such person is employed; "existing fund" means the Zambia Local Authorities Superannuation Fund established under the provisions of the Zambia Local Authorities (Superannuation Fund) Rules, 1954;
*27th October, 1970.

"financial year" means the period between the 1st January in any year and the 31st December next following, both dates included; "the Fund" means the Local Authorities Superannuation Fund established under the provisions of section four; "the Inaugural Committee" means the committee managing the existing fund immediately before the commencement of this Act; "local authority" means(a) city council;

G.N. No. 314 of 1954

(b) (c) (d) (e)

a municipal council; a township council; a district council; the Committee;

(f) any other authority or body of persons of Zambia which the Minister may, at the request of such authority or body and with the prior approval of the Committee, declare by statutory notice to be a local authority for the purposes of this Act; "member" means any employee of a local authority who is contributing to the Fund and any person who is in receipt of an annuity; "officer" means an employee as to whom either of the following conditions is satisfied, that is to say: (a) that his duties are wholly or mainly administrative, professional or technical; or (b) that his salary or wages, including cost-of-living allowance, if any, is at a rate greater than five hundred kwacha per annum; "pension age" means the age of fifty-five years; "pensionable emoluments" means(a) salary or wages, including cost-of-living allowance, if any;

(b) whenever free quarters are provided as a condition of service, an amount equal to one-sixth of the amount mentioned in paragraph (a) of this definition, subject to a maximum of four hundred kwacha; or (c) where any allowance is given in lieu of the provision of free quarters, an amount equal to one-sixth of the amount mentioned in paragraph (a) of this definition, subject to a maximum of four hundred kwacha;

but does not include any other allowance or any bonus or payment for overtime; "retirement benefit" means the benefits mentioned in section twenty-five; "retiring pensionable emoluments" means the members annual salary at the time of retiment; "servant" means an employee who is not an officer and who has completed two years' unbroken service with an associated authority; "statutory resolution" means, in relation to an associated authority, a resolution passed in the manner in which an ordinary resolution of the authority may be passed, except that twenty-eight days' notice of the meeting at which the resolution is passed and of the terms of the resolution and the fact that it is to be proposed at that meeting, must be given in the manner in which notice for convening ordinary meetings of the authority may be given; "whole time service" means service wherein an employee devotes substantially the whole of his time in the employment of one or more local authorities. (As amended by No. 22 of 1964, No. 69 of 1965, Act No. 52 of 1970, 17 of 1989, No. 14 of 1990 and No. 13 of 1994) 3. (1) For the purposes of this Act"continuous service" means the last unbroken service with a local authority after the attainment of the age of eighteen years, and such service shall be calculated by the year and the month, any fraction of a month being disregarded: Provided that where a member has made a payment for the purpose of reckoning service in accordance with the provisions of any rule made under paragraph (e) of subsection (1) of section forty-one, a local authority shall include a local authority, other than an associated authority, constituted under the law of the country concerned and shall also include a civil service, a public authority or a board where Continuous service

superannuation transfer rights exist in the country concerned between local authorities of that country and such service, authority or board. (2) In determining the last unbroken service of any person, the following shall not constitute breaks in service: (a) authorised leave of absence;

(b) a break in service regarded as leave without pay or otherwise condoned by the Committee; (c) a period of suspension followed by reinstatement in the same or another office or post; (d) a break in service whilst transferring from one associated authority to another if such break is condoned by the Committee; (e) a period of war service with Her Britannic Majesty's Armed or Civil Defence Forces prior to the 1st January, 1954. (3) In calculating the period of the continuous service of a member, any period in respect of which such member did not make payments to the existing fund or to the Fund after the local authority concerned first became associated with the existing fund or became an associated authority shall not be taken into account. (As amended by No. 52 of 1970)

PART II ESTABLISHMENT COMMITTEE OF FUND AND MANAGEMENT

4. As from 1st May 1963 after consultation with the Inaugural Committee, there shall be established and maintained a Fund, to be known as the Local Authorities Superannuation Fund, which shall be vested in the Committee and of which the Committee shall, subject to the provisions of this Act, have the sole management and control.

Establishment of Fund G.N. 100 of 1963

5. (1) There shall be established a Board to be known as the Board of Establishment the Local Authorities Superannuation Fund, which shall be a body of Committee corporate with perpetual succession and a common seal, capable of suing and being sued in its corporate name, and with power to acquire, hold, charge and alienate property, real or personal, and, subject to the provisions of this Act, with power to do all such acts or things as are necessary for or incidental to the performance of the duties and the exercise of the powers imposed or conferred by or under the provisions of this Act. (2) Until the Management Committee has been constituted in accordance with rules made under the provisions of section forty-one, the Inaugural Committee may exercise the powers and perform the duties conferred or imposed upon the Committee by this Act, but, as soon as the Management Committee has been so constituted, the Minister shall thereupon publish a statutory notice dissolving the Inaugural Committee. (As amended by Act no 17 of 1989)

PART III FINANCE AND MANAGEMENT 6. All property, real or personal, and all the rights and liabilities of the Transfer of existing fund, and all property, real or personal, held by any person on assets behalf of the existing fund, shall, on the appointed day, vest in the Committee without any conveyance or other instrument or the authority of any court. 7. The Fund shall consist ofProperty of Fund

(a) the assets vested in the Committee under the provisions of section six; (b) contributions and interest paid into the Fund in accordance with the provisions of this Act; (c) income and capital appreciation derived from the holding of the assets of the Fund in any form; (d) any other sums or assets accruing to the Fund.

8. (a) Act;

There shall be charged on and discharged from the Fund-

Application of the payment of benefits in accordance with the provisions of this Fund

(b) the whole of the expenses incurred in connection with or incidental to the management and administration of the Fund, including the cost of staff and the audit and actuarial investigations of the Fund; (c) any losses incurred on the realisation, or decrease in the value, of any assets of the Fund; (d) any other payments authorised to be made out of the Fund under the provisions of this Act or rules made thereunder. 9. (1) The Board shall appoint an actuary who shall carry out the duties Appointment of and exercise the powers imposed or conferred upon him by the actuary and officers provisions of this Act. (2) The Committee shall appoint a person to be Chief Executive and may appoint such other officers as may be required for the efficient administration of the Fund. (As amended by Act no 17 of 1989) 10. (1) The Fund shall be valued by the actuary as at the 31st December, 1966, and thereafter at intervals not exceeding five years. Actuarial valuation of Fund

(2) The actuary shall, upon any valuation of the Fund, prepare a report on the state of the Fund and, in regard to any surplus or deficiency revealed, he shall(a) in the event of there being a surplus, specify therein the amount, if any, of such surplus, as shall be paid to the Government for the purpose of refunding the Government's original contributions to the existing fund: Provided that no such amount shall be specified when the Government's original contributions have been refunded to the Government; (b) in the event of there being a deficiency, state therein what action

he recommends should be taken. (3) The actuary shall submit any report prepared by him under subsection (2) to the Committee which shall forthwith forward a copy to the Minister. (4) The Committee shall pay to the Government any amount specified in accordance with paragraph (a) of subsection (2), and shall pay due regard to any recommendations made by the actuary and, in doing so may, notwithstanding anything to the contrary contained in this Act(a) increase or decrease the rates of contribution payable in respect of members: Provided that contributions payable by associated authorities shall never be lower than the contributions payable by members; (b) require any associated authority to pay such sums of money as the actuary may determine to cover any deficiency directly attributable to the action of such authority. (5) The Committee shall report to the Minister its reasons for failing to carry out any recommendation made by the actuary under subsection (2). (6) If, within six months of the receipt of a report by the Committee under subsection (3), the Committee fails to carry out any recommendation contained in such report, the Minister may, whether subsection (5) has been complied with or not, exercise any of the powers conferred by subsection (4), and the exercise of such powers by the Minister shall have the same effect as an exercise thereof by the Committee. 11. (1) The Committee shall cause to be kept proper accounts in which Accounts and shall be recorded all the financial transactions of the Fund and shall audit cause the books and accounts of the Fund to be balanced as at the end of each financial year, and shall cause statements of income and expenditure, together with a balance sheet, to be prepared for audit.

(2) The Minister shall appoint an auditor for each financial year, and such appointment may be made in the name of a partnership. (3) The auditor appointed under subsection (2) shall audit the accounts of the Fund for the financial year for which he was appointed, and shall make a report to the Committee on the accounts and other documents examined, and such report shall state(a) whether or not the provisions of this Act have been complied with; (b) whether or not the auditor has obtained all the information and explanations which he has required; (c) whether, in the opinion of the auditor, the balance sheet for the year concerned is properly drawn up so as to exhibit a true and correct view of the state of the Fund according to the best of his information and the explanations given to him and as shown in the books relating to the Fund; and (d) whether the expenses of the Committee incurred in the year concerned in connection with or incidental to the management and administration of the Fund exceed seven per centum of the total income of the Fund for the year.

(4) The Committee shall consider any recommendation made by the auditor under paragraph (d of subsection (3) and may require the associated authority, from which expenses are recommended by the auditor to be recovered, to pay those expenses.

(5) As soon as the accounts of the Fund have been audited, the Committee shall send a copy of the balance sheet and statement of the transactions of the Fund referred to in subsection (1) to the Minister and to every associated authority, together with a copy of the report made by the auditor under subsection (3), and shall keep copies of such balance sheet and statement available for inspection by any member. (As amended by Act no 17 of 1989)

12. (1) The investment of any moneys of the Fund not required to meet Investment of

the current charges upon the Fund shall, subject to the provisions of this Fund and subsection, be in the discretion of the Committee which is hereby guarantee of empowered to invest such moneys in any of the following ways: interest (a) in the Post Office Savings Bank or in the Savings Bank of any bank or institution which is governed by any written law of Zambia or by the law of the United Kingdom of Great Britain and Northern Ireland, or on fixed deposit or at call with any such bank or institution; (b) in deposits with or in the shares of any registered building society or any registered commercial bank, subject to the prior written approval of the Minister;

(c) in stocks, securities or funds issued by or on behalf of the Government or in stocks, securities or funds guaranteed by the Government; (d) in the stock, funds, debentures or shares of, or in loans to, any local authority or any public body in Zambia authorised by law to borrow money; (e) in such other security or securities as may be approved, generally or specially, by the Minister. (2) If the rate of interest earned on the total money, including any uninvested moneys, of the Fund during any financial year is lower than four per centum, the associated authorities shall, unless the Committee, with the approval of the actuary, otherwise resolves, contribute to the Fund such sum as, on being added to the interest actually earned, would increase such rate to four per centum. (3) For the purpose of subsection (2), the percentage rate of interest during a financial year shall be calculated by dividing the interest earned during such year by an amount which shall be equal to the mean of the Fund at the beginning and at the end of such year less one-half such interest and by multiplying the result of such calculation by one hundred. (4) Any contribution payable by the associated authorities under the provisions of subsection (2) shall be contributed by such authorities in

proportion to the contributions paid by each such authority in respect of the current service of members during the financial year in respect of which such contribution is payable. (As amended by Act no 14 of 1990)

PART IV MEMBERSHIP OF FUND Local 13. (1) The local authorities which were associated with the existing authorities fund immediately before the appointed day shall be associated authorities for the purposes of this Act; and for the purposes of this Act the Victoria Falls Electricity Board established under the Victoria Falls Power Act, Chapter 810 of the Revised Edition, and the Northern Electricity Supply Corporation (Private) Limited shall be treated as being so associated with the existing fund. (2) A local authority not referred to in subsection (1) may make application to the Committee for admission to the Fund and, after considering a report made by the actuary on such application, the Committee shall, subject to the approval of the Minister, inform such local authority of the terms and conditions upon, and the date from, which it is prepared to admit such local authority to the Fund. (3) Upon written notification by a local authority which has made application under subsection (2) to the Committee that such local authority has accepted the terms, conditions and date notified to it under the said subsection, such local authority shall become an associated authority with effect from the said date. (4) Notwithstanding the provisions of any other written law, an associated authority shall not have power to discontinue its association with the Fund. 14. (Repealed by No. 52 of 1970) Members of Fund

15. (1) All persons who were members of the existing fund immediately before the appointed day shall become members of the

Fund on that date. (2) All persons who, on the appointed day, become eligible employees of a local authority declared to be an associated authority under the provisions of subsection (1) of section thirteen, shall be eligible for membership of the Fund, and any such person who desires to become a member shall give written notice to such authority accordingly within three months of the appointed day and shall on giving such notice become a member from the appointed day: Provided that on the appointed day the age of such person does not exceed fifty years and he has not at any time prior to the appointed day been eligible for membership of either the existing fund or the Fund and failed to become a member. (3) All persons who, after the appointed day, become eligible employees of a local authority declared to be an associated authority under the provisions of subsection (1) of section thirteen, shall become members upon the date upon which they become eligible employees if, at that date, their age does not exceed fifty years and if they have not at any time prior to that date been eligible for membership of either the existing fund or the Fund and failed to become members. (4) Subject to the provisions of subsection (6), where a local authority becomes an associated authority on some date (herein after referred to as the admission date) subsequent to the appointed day(a) any person who was an eligible employee of such authority on the admission date shall be eligible for membership of the Fund, and any such person who desires to become a member shall give written notice to such authority accordingly within three months of the admission date and shall on giving such notice become a member with effect from the admission date: Provided that on such admission date the age of such person does not exceed fifty years and he has not at any time prior to the admission date been eligible for membership of either the existing fund or the Fund and failed to become a member; (b) any person who becomes an eligible employee of such authority after the admission date shall become a member upon the date upon

which he becomes an eligible employee if, at that date, his age does not exceed fifty years and if he has not at any time prior to the admission date been eligible for membership of either the existing fund or the Fund and failed to become a member. (5) An associated authority shall notify the Committee immediately any of its employees become members under the provisions of subsections (2), (3) and (4). (6) A person who being an eligible employee becomes a member of the Fund shall, subject to the provisions of section thirty-four, continue to be a member so long as he continues in the employment of an associated authority, whether or not he remains an eligible employee. (As amended by No. 52 of 1970) 16. (1) Every person who becomes a member under the provisions of Evidence of either subsection (2), (3) or (4) of section fifteen shall, within one month health of becoming a member or within such longer period as the Committee may in its discretion permit, produce to the Committee at the expense of the associated authority of which he is an employee such evidence of his state of health as the Committee may require. (2) If, on consideration of the evidence provided by a member under subsection (1), the Committee is of the opinion that such member(a) is in a good state of health, he shall be eligible for full benefits in accordance with the provisions of this Act; or (b) is not in a good state of health, he shall be eligible for full benefits except as otherwise expressly provided by this Act. (3) Any member who fails to comply with the requirements of subsection (1) shall be deemed not to be in a good state of health and to have been admitted in ill health. (4) Where the Committtee is satisfied that a member has knowingly made any false statement, or has knowingly failed to disclose any information relating to his state of health, and that, by reason of such statement or failure, the Committee was wrongly induced to form the

opinion that such member was in a good state of health, the Committee may, in its discretion, determine that such member was not in a good state of health at the date of his admission to membership of the Fund and shall be deemed to have been admitted in ill health. (As amended by No. 52 of 1970) 17. (Repealed by No. 52 of 1970)

18. (1) Notwithstanding anything to the contrary in this Act contained, Temporary any person, other than an officer or servant who is not a member at the employees *commencement of Act No. 52 of 1970 and who is engaged under a contract, employed by an associated authority on a temporary engagement who would, if he were on a permanent engagement with the authority, be an eligible employee, shall, after a period of two years on such temporary engagement after attaining the age of eighteen years, become an eligible employee. * 27th October, 1970. (2) Any person who becomes a member after having been employed by an associated authority on a temporary engagement may elect to regard his service on such engagement after attaining the age of eighteen years as continuous service for the purposes of this Act, and any such election shall, within three months of the date upon which such person becomes a member, be notified to the associated authority concerned which shall inform the Committee accordingly. (As amended by No. 52 of 1970)

PART V CONTRIBUTIONS TO FUND 19. (1) Contributions payable to the Fund by a member shall be at the rate of ten per centum of the pensionable emoluments of such member. (2) Any member who elects to regard temporary service as continuous service under subsection (2) of section eighteen shall pay contributions to the Fund, together with two per centum of such contributions in respect of each year or part of a year included in the period concerned in one sum or in such instalments as the Committee may direct, together Contributions by members

with interest, at such rate not exceeding eight per centum per annum as the Committee may determine, upon any portion of such amount remaining unpaid after the date upon which he became an eligible employee: Provided that all contributions under this subsection shall be paid within two years of the date of the first payment made in respect thereof. *27th October, 1970. (3) Where payment of contributions is being made by instalments and the member concerned dies or ceases to contribute to the Fund before he has completed the payment of such instalment, any benefit to which he or his dependants or estate are entitled shall be calculated as if he had completed the payment of such instalments and(a) where a lump sum is payable, the balance of such instalments, together with interest at such rate not exceeding eight per centum per annum as the Committee may determine, shall be deducted from such lump sum; or (b) where an annuity is payable, the instalments outstanding, together with interest at such rate not exceeding eight per centum per annum as the Committee may determine, shall be deducted from the annuity payments, and, if the member concerned dies before such instalments and such interest are recovered, the balance outstanding shall be deducted from any payments from the Fund which thereupon become payable. (As amended by Act No. 7 of 1989) 20. (1) The contributions together with any interest to be paid by a member to the Fund shall be a first charge upon the salary or wages payable to such member and shall be deducted by the associated authority employing such member from the payments of such salary or wages. (2) Every associated authority shall, before the seventh day of every month(a) certify to the Committee in writing the amount of the contributions and interest deducted from members in the employ of such Method of payment of members' contributions

authority during the preceding month and shall pay such amount into the Fund; and (b) furnish to the Committee such further information as the Committee may require for the purposes of this Act. (3) Where any amount payable under subsection (2) remains unpaid by the seventh day in any month, the Committee may, in its discretion, charge the associated authority concerned interest on the amount unpaid at the rate of four per centum per annum. Contributions 21. Every associated authority shall pay to the Fund each month an amount equal to two hundred and thirty percentum of the amount paid by local into the Fund by such authority under paragraph (a) of subsection (2) of authorities section twenty, and the provisions of subsection (3) of the said section shall apply in respect of any amount payable under this section. (As amended by Act no 17 of 1989). 22. (1) Where a member is on leave with full or reduced pay, he shall continue to contribute to the Fund on the basis of his full pensionable emoluments. (2) Where a member is on leave without pay, he may elect to pay contributions to the Fund for the period of such leave based on the full pensionable emoluments received by him in the month immediately preceding that in which such leave commenced, and for all the purposes of this Act his pensionable emoluments shall be deemed to be those received by him in such month for so long as he is on such leave, but failing such election no contributions shall be payable by or in respect of such member for such period, and such period shall not be reckoned in calculating the continuous service of such member. (3) An election under subsection (2) shall only be valid if made by the member concerned in writing to the associated authority by which he is employed within one month of his return to duty, and any contributions payable under subsection (2) shall be paid within the said month together with interest at the rate of four per centum per annum: Provided that the Committee may, upon written application made by such member in that behalf, permit such contributions and interest to be Contributions whilst on leave

recovered by the associated authority concerned from the emoluments of such member over a period of not more than six months together with additional interest at the rate of four per centum per annum. 23. Notwithstanding any other provisions of this Act, if the Probationary appointment of a member is not confirmed by the associated authority service concerned after a probationary period not exceeding six months, he shall cease to be a member and all contributions paid by, or in respect of, him shall be refunded to the member or the associated authority concerned, as the case may be: Provided that(i) where a member who has not completed such probationary period leaves the employment of the local authority concerned and thereupon enters the employment of another associated authority, he shall not cease to be a member and such contributions shall not be refunded as aforesaid; (ii) a member whose probationary period is extended by the associated authority concerned beyond six months by not more than another six months shall not cease to be a member and such contributions shall not be refunded as aforesaid if, at the expiry of the first six months of his probationary period, he produces to the Committee a certificate or other evidence from such associated authority that his probationary period has been so extended. 24. (1) If the pensionable emoluments of a member are reduced by his Reduction of employer for any reason, other than misconduct, he may elect to emoluments contribute to the Fund on the basis of his pensionable emoluments immediately prior to such reduction, and in such event his pensionable emoluments for so long as they are less than they were prior to such reduction shall, for all the purposes of this Act, be deemed to be those immediately prior to such reduction. (2) Where the pensionable emoluments of a member are temporarily reduced and he has elected to contribute to the Fund on the basis of his pensionable emoluments immediately prior to such reduction, the Committee may, upon written application made in that behalf by the member at the time of such reduction, permit the difference between the contributions payable on the basis of his full pensionable emoluments

and his reduced emoluments to be recovered by the associated authority concerned from the emoluments of such member over a period of not more than six months from the restoration of his full pensionable emoluments. (3) If a member transfers from the service of one associated authority to the service of another such authority, and his pensionable emoluments with such latter authority are less than those he enjoyed immediately prior to such transfer, the provisions of subsection (1) shall, mutatis mutandis, apply: Provided that(i) such member did not leave the service of the former authority on account of misconduct; and (ii) the consent of the authority to which he has transferred is first obtained.

PART VI RETIREMENTS AND BENEFITS 25. For the purposes of this Act, "retirement benefit" means an annuity Retirement at the rate of one six hundred and sixtieth of the retiring pensionable benefit emoluments of the member for each completed month of his continuous service, of which either one-third or two-thirds may, at the option of the member, be commuted at the date of his retirement, for lump sum(a) if the member is retired under section twenty-seven, at the rate of K28.00 for each K1 of annuity commuted; or (b) if the member retires or is retired under section twenty-six, twenty-eight or twenty-nine, at the rate laid down for his age at the date of his retirement in the appropriate Schedules. 26. (1) A memberRetirement due to age, etc.

(a)

shall retire on attaining pension age;

(b) may, on giving due notice, retire at any time during the five years before that member attains pension age; or (c) shall retire after completing twenty-two years of service;

(2) A member who retires under subsection (1) shall be granted terminal benefits. (3) A member who dies after completing twenty years of service but before completing twenty-two years of service shall be deemed to have completed twenty-two years of service and shall be entitled to the retirement benefits in accordance with subsection (2). (As amended by Act no 27 of 1992) 27. (1) If a member is found by the Committee, acting on the advice of Retirement due to ill health a board, to be permanently incapable of efficiently discharging his duties by reason of infirmity of mind or body, he shall be retired from the service of his employer, and in such case if such infirmity(a) was not occasioned by his own default, and-

(i) if he was admitted to the Fund on the basis of paragraph (a) of subsection (2) of section sixteen and has had at least ten years' continuous service, he shall be granted a retirement benefit; (ii) if he was admitted in ill health, he shall be granted the benefit mentioned in section thirty; (b) was occasioned by his own default, he shall be granted a lump sum in accordance with the provisions of section thirty-three as if he had retired voluntarily. (2) For the purposes of this section, "board" means a medical board consisting of a medical practitioner nominated by the Committee and a medical practitioner nominated by the member: Provided that, if such practitioners cannot reach agreement, they may appoint a third medical practitioner to act with them as a third member of the board, or, failing such appointment within a reasonable time, the

Committee may appoint a medical practitioner to act as such third member, and, in either such case, a report of the majority of the members of the board shall be deemed to be the report of the board. 28. (1) If the employment of a member who has had at least ten years' continuous service is discontinued, through no fault of such member, owing to a reduction in, or reorganisation of, the staff of his employer, or to the abolition of his office or post, or in order to facilitate improvements in efficiency or organisation, or to retrenchment generally(a) such member shall be granted a retirement benefit; and Retirement due to reorganisation, etc.

(b) one-third of the retirement benefit payable to such member may be commuted for a lump sum at the rate laid down for his age, at the date of the termination of his service, in the First Schedule. (2) A member entitled to the benefits mentioned in subsection (1) may elect that the provisions of this subsection shall apply to him instead of the provisions of subsection (1) and if he so elects(a) the retirement benefit to which the member is entitled shall be payable annually until the date on which he attains the pension age and shall then cease: Provided that in the event of the death of such beneficiary prior to the date on which he would have attained the pension age, his widow and children shall be entitled to a benefit calculated in accordance with the provisions of subsection (2) of section thiry-five, and it shall be payable until the date upon which such beneficiary would have attained the pension age and shall then cease; and (b) he shall receive a lump sum equal to the amount of his contributions and of all other contributions paid in respect of his service, together with interest thereon at the rate of four per centum per annum, compounded annually; and (c) one-third of any retirement benefit payable to him may be commuted at a rate laid down for his age, at the date of the termination of his service, in the Third Schedule.

(3) The employer of a member entitled to the benefits mentioned in subsection (1) or (2) shall, out of its own revenues, refund to the Committee(a) all retirement benefits paid to the member prior to his attaining the pension age; and (b) all benefits paid to the widow and children in accordance with the provisions of paragraph (a) of subsection (2); and (c) such portion of any lump sum paid to the member in commutation of any portion of his retirement benefit as the actuary may recommend. (4) For the purposes of this section and sections twenty-nine, thirty-five, forty-one and forty-six"child" means a legitimate or legitimated child of a member and includes a stepchild, an adopted child and a posthumous child born of a marriage which took place before his retirement, but excludes a child not legitimated or adopted before his retirement and a child born of his marriage which took place after retirement, on proof of the facts in each case to the satisfaction of the Committee, that such child has not been married and(a) is under the age of eighteen years; or (b) is between the age of eighteen years and twenty-one years and is in receipt of full-time instruction at any university, college, school, institute or other educational establishment or is undergoing training by any person for any trade, profession or vocation in such circumstances that(i) he is required to devote the whole of his time to training for a period of not less than two years; and (ii) while he is undergoing the training, the emoluments receivable by him do not exceed K600 per year, excluding any amount receivable by way of return of any premium paid in respect of the training; "widow" means(a) the widow of a member not in receipt of an annuity; or (b) the widow of a member in receipt of an annuity if she was his wife when he retired:

Provided that if such member had more than one wife, "widow" means the widow who(i) was nominated by the member in a manner prescribed by the Committee; or (ii) was selected by the Committee where no nomination was made. (No. 52 of 1970) 29. (1) Subject to the provisions of this section, if the employment of a member who is not a citizen of Zambia is terminated on a date before he has attained the pension age in order that the post he holds shall become vacant and be open to be held by a citizen of Zambia, the member shall, as from such date, cease to be an eligible employee and shall not become an eligible employee after such date but shall be entitled to be granted(a) a retirement benefit for each completed month of continuous service up to the date of termination calculated in accordance with section twenty-five; and (b) except in the case of a married female member, an additional retirement benefit for each completed month of continuous service, not exceeding a total of three hundred and sixty months, calculated at the rate laid down for his age at the date of termination in the Second Schedule. (2) Unless a member has elected that the provisions of subsection (3) shall apply to him(a) the benefits to which the member is entitled under subsection (1) shall be payable annually during his lifetime; and (b) one-third of any retirement benefit or additional retirement benefit payable to the member may be commuted for a lump sum at the rate laid down for his age at the date of termination in the First Schedule. (3) A member entitled to the benefits mentioned in subsection (1) may elect that the provisions of this subsection shall apply to him and, if he so electsRetirement in favour of citizens of Zambia

(a) the retirement benefit to which the member is entitled shall be payable annually until the date on which he attains the pension age and shall then cease: Provided that, in the event of the death of such beneficiary prior to the date on which he would have attained the pension age, his widow and children shall be entitled to a benefit calculated in accordance with the provisions of subsection (2) of section thirty-five, and it shall be payable until the date upon which such beneficiary would have attained the pension age and shall then cease; (b) the additional retirement benefit to which the member is entitled shall be payable annually during his lifetime; (c) he shall receive a lump sum equal to the amount of his contributions and of all other contributions paid in respect of his service, together with interest thereon at the rate of four per centum per annum, compounded annually; and (d) one-third of any retirment benefit or additional retirement benefit payable to him may be commuted(i) in the case of a retirement benefit, at the rate laid down for his age, at the date of the termination of his service, in the Third Schedule; and (ii) in the case of an additional retirement benefit, at the rate laid down for his age, at the date of the termination of his service, in the First Schedule. (4) An election made under subsection (3)(a) (b) shall be made in writing to the Committee; and shall be irrevocable.

(5) An additional retirement benefit to which a member is entitled under paragraph (b) of subsection (1) shall not be construed as an annuity for the purposes of section thirty-five. (6) The aggregate of the retirement benefit and additional retirement

benefit to which, before deduction of any communtation, a member is entitled under subsection (1) shall not exceed(a) the retirement benefit which he would have been entitled to be granted had he continued until he attained the pension age to hold the office held by him immediately before the date of termination; or (b) forty-seven sixtieths of the annual average of pensionable emoluments on which his retirement benefit is calculated. (7) Where a member is entitled to the benefits mentioned in subsection (1) and to any sums payable in pursuance of a contract between the member and his employer by way of liquidated damages for breach of that contract, then, notwithstanding the foregoing provisions of this section, no additional retirement benefit or lump sum in commutation of any portion thereof shall be payable to the member under this section until such time as the sums paid in pursuance of the contract are equal to the amount of the additional retirement benefit which would have been payable to the member if this subsection had not been in force. (8) Where a member receives any benefits under this section, his employer shall, out of its own revenues, refund to the Committee(a) all retirement benefits paid to the member prior to his attaining the pension age; (b) all benefits paid to the widow and children in accordance with the provisions of paragraph (a) of subsection (3); (c) such proportion of any lump sum paid to the member in commutation of any portion of his retirement benefit as the actuary may recommend; (d) all additional retirement benefits paid to the member; and

(e) any lump sum paid to the member in commutation of any portion of his additional retirement benefit. (9) The provisions of section twenty-nine of the Local Government (Officers) Act shall apply in relation to any dispute between an Cap. 477 of old edition of the

employer and a member who is not a citizen of Zambia as to whether the Laws termination of the employment of the member is made on the grounds mentioned in section twenty-eight, or in order to facilitate the advancement of a citizen of Zambia, as they apply in relation to a dispute between a local authority and any officer in its service connected with the employment of the officer. (10) For the purposes of this section"date of termination" means the date on which the termination of the services of a member takes effect; "married female member" does not include a female member living apart from her husband under a decree of court or a deed of separation. (No. 22d of as amended by No. 52 of 1970) 30. Notwithstanding the provisions of section thirty-five, where any member(a) but for the fact that he has had less than ten years' continuous service, would have been granted on his retirement a retirement benefit under the provisions of this Part; or (b) was admitted in ill health and dies in the service of his employer or is retired under subsection (1) of section twenty-seven; there shall be paid to him or to his dependants, as the case may be, a lump sum equal to twice the amount of the contributions paid by him together with interest thereon at the rate of four per centum per annum compounded annually. (As amended by No. 52 of 1970) 31. If a female member is discharged from the service of her employer Retirement of on her marriage, or if such a member voluntarily retires from such female member service in contemplation of her marriage and marries within three on marriage months thereafter, she shall receive a lump sum equal to the amount of contributions paid by her together with twelve and one-half per centum of such amount for each completed year of continuous service in excess of two years: Provided that no such lump sum shall exceed twice the amount of contributions paid by such member together with interest thereon at the rate of four per centum per annum compounded annually nor be less than a lump sum calculated in accordance with the provisions of section Lump sum where annuity not payabe

thirty-three. (As amended by No. 52 of 1970) 32. If a member is dismissed from the service of his employer as a Dismissal result of his grave misconduct, dishonesty or fraud, or if he is allowed to resign or retire in order to avoid such dismissal, he shall receive a lump sum equal to the amount of the contributions paid by him, and, for the purposes of this section, any resignation tendered by a member during an inquiry into his conduct and before the result of such inquiry is announced shall be deemed to be a resignation in order to avoid dismissal. 33. Subject to the provisions of any rules made under paragraph (f) of Lump sum in other cases subsection (1) of section forty-one, if a member, upon leaving the service of his employer, is not eligible to receive any benefit under the foregoing provisions of this Part, he shall, provided the provisions of section thirty-two do not apply to him, be granted a lump sum calculated as follows: (a) if such member has had less than seven years' continuous service, a payment equal to the amount of the contributions paid by him together with two per centum of such amount in respect of each complete year by which his continuous service exceeds three years; or (b) if such member has had seven years' or more continuous service, a payment equal to twice the amount of the contributions paid by him together with interest thereon at the rate of four per centum per annum compounded annually. Re-employment 34. If a member leaves the service of his employer in the of member circumstances in which the provisions of section twenty-three, thirty, thirty-one or thirty-three apply to him, and is re-employed in circumstances in which he qualifies as an eligible employee by the same or any other associated authority within twelve months or such longer period as the Committee may approve of the date of his leaving such service, the break in his service shall be condoned and he shall again contribute to the Fund as from the date of his re-employment: Provided that(i) if a lump sum has been paid to such member under section thirty, thirty-one or thirty-three or if contributions have been repaid to him or to an associated authority under section twenty-three, he and such

authority shall repay, in one sum or in such instalments as the Committee may approve, the amount of such lump sum or contributions, as the case may be, together with interest thereon at such rate not exceeding eight per centum per annum as the Committee may determine, such interest to be compounded annually for each complete financial year and at that rate of simple interest for any incomplete portion of a financial year, from the date of receipt of such lump sum or contribution up to the date or dates of repayment and, where the break in service is longer than twelve months, he shall, subject to such conditions as the actuary may decide, pay such further sum as the Committee, acting upon the advice of the actuary, shall determine; (ii) the period of such break in service shall not be reckoned for the purpose of calculating continuous service. (As amended by No. 52 of 1970) 35. (1) Subject to the provisions of section thirty, if a male member dies Death of member on or after the *commencement of Act No. 52 of 1970, whilst in the service of his employer* 27th October, 1970. (a) his widow shall be granted a lump sum equal to one-quarter of his retiring pensionable emoluments and an annuity equal to one-two-thousandth of his retiring pensionable emoluments for each completed month of the period which is the sum of(i) his continuous service; and (ii) one-half of the period from the date of his death up to the date on which he would have attained the pension age had he lived; and (b) an annuity shall be granted in respect of his children equal to-

(i) three-quarters of the annuity payable to his widow for so long as there are three or more children; or (ii) one-half of the annuity payable to his widow for so long as there are two children; or (iii) one-quarter of the annuity payable to his widow for so long as there is one child: Provided thatA. if a member's widow so elects, she shall receive a benefit calculated in accordance with the provisions of subsection (3) in

lieu of the benefits payable under the provisions of this subsection; B. if there is no widow of the member, the annuity payable in respect of the children shall be twice that which would have been granted in respect of them, if there was a widow, under the provisions of sub-paragraph (i), (ii) or (iii), as the case may be, and there shall also be paid in respect of such children lump sums which in total shall equal one-quarter of the deceased member's retiring pensionable emoluments. (2) When a male member who is in receipt of an annuity dies after the *commencement of Act No. 52 of 1970* 27th October, 1970. (a) his widow shall be granted an annuity equal to thirty-six per centum of the annuity, before any commutation, to which he became entitled on retirement; and (b) an annuity calculated in terms of sub-paragraph (i), (ii) or (iii) of paragraph (b) of subsection (1), as the case may be, shall be granted in respect of his children. (3) Subject to the provisions of section thirty, if a male member dies whilst in the service of his employer and no annuity is payable under subsection (1), or if a female member dies whilst in the service *27th October, 1970. of her employer, there shall be paid to the dependants of such person a lump sum equal to ten per centum of the deceased member's retiring pensionable emoluments for each year of continuous service and five per centum of his or her retiring pensionable emoluments for each year of the period, reckoned in years and complete months, from the date of his or her death up to the date on which he or she would have attained the pension age had he or she lived: Provided that such lump sum shall not be less than a lump sum calculated in accordance with the provisions of section thirty. (4) If a male member in receipt of an annuity dies within six years of the

date of his retirement and no annuity is payable under the provisions of subsection (2), or if a female member in receipt of an annuity dies within six years of the date of her retirement, the dependants of the deceased shall be granted a lump sum equal to the sum of the annuity payable in respect of the unexpired portion of the said period of six years: Provided that the Committee may, in its discretion, pay such lump sum by instalments, and in such case the Committee may add interest at such rate as it may determine. (5) If no claim is made by a dependant under subsection (3) or (4) within six months after the death of a member and the Committee has, within such six months, been unable to establish the existence or whereabout of a dependant, it shall be assumed that no dependants exist, and the provisions of subsection (3) or (4), as the case may be, shall apply with the substitution of the word "estate" for the word "dependant" therein, and there shall be no claim admissible on the Fund after payment has been made accordingly. (6) Subject to the provisions of this Act(a) an annuity granted to a member shall cease on his death;

(b) an annuity granted to a widow shall cease on her re-marriage or death, and in such event any annuity granted in respect of the children of her deceased husband shall be doubled; (c) the annuity or lump sum payable in respect of any children shall, unless the Committee otherwise determine, be paid to their mother on their behalf: Provided that the Committee may, in its absolute discretion, apportion the annuity or lump sum amongst the children and pay any child's portion to him direct or to such person on his behalf as it thinks fit. (7) Notwithstanding anything contained in this Act, when the final annuity payment has been made under subsection (1) or (2) in respect of a deceased member, if the total amount of the payments of lump sum and annuity in terms of subsection (1) or (2) is less than the amount that would have been paid under subsection (3) or (4), as the case may be,

where no annuity had become payable, the shortfall shall be paid to such persons and at such times as the Committee deems fit. (No. 52 of 1970) 36. (1) Except as provided in section forty-five, no benefit or right to a Benefits not benefit shallassignable (a) be assignable or transferable except for the purpose of satisfying an order of a court for the periodical payment of sums of money towards the maintenance of the wife, or former wife, or minor child of the member concerned; or (b) be liable to be attached, sequestered or levied upon for or in respect of any debt or claim whatsoever. (2) If any member attempts to assign or transfer any benefit in contravention of subsection (1), the Committee may withhold, suspend or discontinue payment of such benefit, and may direct that the whole or any portion of such benefit be paid to any dependants of such member for such period as it may think fit. 37. (1) If any member in receipt of an annuity is adjudged a bankrupt or Annuity on is declared insolvent by a court, the payment of such annuity shall insolvency forthwith cease. (2) Where payment of an annuity ceases under subsection (1), the Committee may, in its discretion, from time to time during the remainder of the life of such member, or during such shorter period or periods, continuous or discontinuous, as the Committee shall think fit, pay all or any part of such annuity for the maintenance and personal support of such member or any or all of his dependants, and any such payment made to such member shall be for his own personal use and shall not in any way be attached or appropriated by the trustee in bankruptcy or creditors of such member or form part of his insolvent estate. (3) Where the payment of an annuity ceases under subsection (1), it shall be revived on the discharge in bankruptcy of the member concerned, and in such event such annuity shall be paid to such member at the same rate and under the same conditions as before the cessation of

payment, together with any arrears which may have accrued. (4) Where a member dies and would, but for the operation of this section, have been in receipt of an annuity at the date of his death, the benefits payable under the provisions of section thirty-five shall become payable as though such member was on such date in receipt of an annuity. (As amended by No. 52 of 1970) 38. (1) If any member in receipt of an annuity is convicted before any court of any crime or offence and is sentenced therefor to death or to imprisonment for a period exceeding twelve months without the option of a fine, such annuity shall cease to be paid to such member and shall, during such member's imprisonment, be paid to his dependants, and, in the case of death, as provided in section thirty-five. (2) Where an annuity has ceased under subsection (1), it shall revive on the discharge of the member from prison, and he shall receive such annuity at the same rate and under the same conditions as before his imprisonment, together with any arrears which may have accrued. Effect of conviction

PART VII MISCELLANEOUS 39. A member who is interchanged between associated authorities for Interchange and a period not exceeding one year, or who is seconded to another secondment of associated authority for a period not exceeding two years, shall continue members to make contributions to the Fund through the authority from which he is interchanged or seconded, which shall continue to make contributions to the Fund in respect of such member, such contributions being recoverable by that authority from the authority to which he is interchanged or seconded. 40. The Committee shall, subject to the provisions of this Act, have power(a) to decide any doubt as to whether any person is an eligible employee: Powers of Committee

Provided that, where it is decided that a person is not an eligible employee, such person may appeal from such decision to the Minister whose decision thereon shall be final; (b) to settle all questions in respect of contributions; (c) to examine, approve or decide upon the periods of service on which contributions may be made or which may be reckoned for the purpose of the calculation of benefits; (d) to adjust and decide upon all claims made upon the Fund by members or their dependants; (e) to authorise the payment of claims made upon, or benefits payable out of, the Fund; (f) subject to the approval of the Minister, to obtain bank overdraft facilities or borrow, by way of short-term loans, moneys to the extent of the previous year's income of the Fund from any of the associated authorities. 41. (1) The Minister shall, after consultation with the Committee, make Rules rules(a) providing for the establishment and composition of the Committee and the terms of office of the members thereof; (b) providing for the nomination or election of the members of the Committee; (c) providing for the formation of sub-committees of the Committee and for the delegation of powers to sub-committees by the Committee; (d) regulating the procedure of the Committee and of sub-committees and prescribing the voting powers of members thereof; (e) prescribing the terms and conditions upon which service with public authorities, other than associated authorities, within the Commonwealth or countries designated by the Minister for the purpose may be counted as continuous service by persons becoming eligible employees; (f) prescribing the terms and conditions upon which benefits may be paid to members who leave the service of associated authorities and who are thereafter employed by public authorities, other than associated

authorities, within the Commonwealth or countries designated by the Minister for the purpose and providing for the payment out of the Fund of transfer values, calculated in the manner stated in such rules, to the appropriate pension fund maintained by such authorities upon the transfer of members to employment by such authorities; (g) prescribing the extent to which retirement benefits granted prior to a prescribed date shall be increased and providing that the last employer of a member shall, out of its own revenue, refund to the Committee all payments made, in accordance with rules made under this paragraph, to such member or beneficiary, his widow, children or other dependents; (h) generally providing for the regulation, management and administration of the Fund and all matters arising therefrom. (2) No rules may be made under subsection (1) which are likely to affect the financial position of the Fund, except after consultation with the actuary. (3) The provisions of section eighteen of the Interpretation and General Cap. 2 Provisions Act shall not apply to any rules made under this section. (4) Notwithstanding the provisions of the Laws of Zambia (Revised Edition) Act, the Attorney-General shall not be obliged to publish in the Laws of Zambia or in any periodical supplement to the Laws of Zambia any rules made under this section. (5) Copies of all rules made under this section shall be made available to members and to associated authorities by the Committee at such price, if any, as the Committee may determine. (As amended by G.N. No. 202 of 1964 and No. 52 of 1970) 42. The members of the Committee and all officers appointed under Indemnities section nine shall be indemnified from the Fund against all proceedings, costs and expenses incurred by reason of any claim in connection with the Fund not arising by reason of their negligence or fraud. 43. Any dispute that may arise between the Committee and an Disputes

associated authority or a member or a former member or any person deriving the claim from a member about any matter under this Act or any rules made thereunder shall be decided by the Committee and, if any party to the dispute is dissatisfied with the decision or the failure of the Committee to come to a decision, the Committee shall, on the request of the dissatisfied party, refer the dispute to the Minister for his determination and the decision of the Minister upon any such matter shall be final. 44. This Act shall apply notwithstanding any contract to the contrary, Application whether made before or after the commencement of this Act. 45. (1) If a member is indebted to the Fund or the Committee, the Committee may recover such debt by deduction from any benefit payable to such member or his dependants under this Act. (2) If a member is indebted to the associated authority which employs or employed him, the Committee shall, at the request of such authority, pay such debt to such authority by deduction from any benefit payable to such member or his dependants. 46. (1) Every eligible employee shall, within six months of the date upon which he commenced paying contributions to the Fund, submit to the Committee, at no expense to the Fund, such evidence as it may requireInformation to be furnished by or in respect of eligible employees and members Recovery of debts from benefits

(a)

of the date of his birth; and

(b) if he is a married man, or a widower with children or other dependants, of the dates of birth of his wife, children and dependants (if any); and (c) if the eligible employee is either a single man or woman, with dependants, of the dates of the births of his or her dependants. (2) Every eligible employee shall, within three months of his marriage, submit to the Committee, at no expense to the Fund, such evidence as it may require of his marriage, of the date of birth of his wife and of the

date of birth of his stepchild, if any. (3) Every eligible employee shall, within three months from the date of the event, submit to the Committee, at no expense to the Fund, such evidence as it may require of(a) (b) (c) (d) (e) (f) the birth of any child; the marriage of any child; the adoption of any child; the legitimation of any child; the death of his wife or any of his children or other dependants; the annulment or dissolution of his marriage.

(4) On the death of any member the widow or children or, if there is no widow or child, the dependants of such member shall, within six months from the date of death, submit to the Committee, at no expense to the Fund, such evidence as it may require of(a) (b) (c) (d) (e) the date of death of such member; the birth, if any, of a posthumous child; the marriage, if any, of a child of such member; the death, if any, of a child or dependent of such member; in the case of a widow, her re-marriage, if any.

(5) A male member who contracts or who has contracted a marriage under a system permitting of polygamy shall notify the Committee, within three months of the event, at no expense to the Fund(a) the name of each wife;

(b) (c)

the names of the children of each marriage; the dissolution of any marriage, by death, divorce or annulment.

(6) Every eligible employee shall, within one month of his becoming an eligible employee or within such longer period as the Committee may in its discretion permit, at no expense to the Fund, submit to the Committee such evidence of his state of health as the Committee may require in accordance with the provisions of section sixteen. (7) No payment of any annuity, lump sum or other benefit to a widow, child or other dependant shall be made until evidence of the events necessary to satisfy the Committee of his or her entitlement to receive such payments has been furnished. (8) For the purpose of this section, "evidence" shall be the evidence to the satisfaction of the Committee. (No. 52 of 1970) 47. (1) Where a member has notified the Committee of the names of more than one person as his dependants, any lump sum to which those dependants may become entitled shall, subject to the provisions of this Act, be paid to them in equal shares unless the member has otherwise directed at the time of such notification. (2) Where the member has not notified the Committee of the name of any person as his dependant or where there is no person surviving whose name has been so notified, any lump sum to which his dependants may become entitled shall, subject to the provisions of this Act, be paid to them in equal shares. 48. The Committee may pay any benefits free from the commission or charges made by a bank in Zambia in connection with payment of such benefits, and the expenses arising therefrom shall be charged upon the Fund. (No. 52 of 1970) Payment of benefits free of bank commission Payment to dependants

FIRST SCHEDULE
(Sections 25, 28 and 29) Amounts payable in terms of section 25 (b) in commutation of each K1 of annuity on retirement in terms of sections 26, 28 or 29. Nearest age at date of retirement (years) Up to 30 301/2
31 311/2 32 321/2 33 331/2 34 341/2 35 351/2 36 361/2 37 371/2 38 381/2 39 391/2 40 401/2 41 411/2 42 421/2 43 431/2 44 441/2 45 451/2 46 461/2 47 471/2 48 481/2 49 491/2 50 501/2 51 511/2 52 521/2 53 531/2

Commuted value of K1 of annuity K 32.76
32.62 32.50 32.36 32.24 32.10 31.96 31.82 31.68 31.54 31.40 31.24 31.10 30.94 30.80 30.64 30.48 30.32 30.14 29.98 29.82 29.64 29.46 29.28 29.10 28.92 28.72 28.52 28.34 28.14 27.94 27.72 27.52 27.30 27.08 26.86 26.64 26.40 26.16 25.92 25.68 25.44 25.18 24.94 24.68 24.42 24.18 23.92

54 541/2 55 (As amended by Act No. 17 of 1989)

23.66 23.40 23.14

SECOND SCHEDULE
(Section 29) CALCULATION OF ADDITIONAL RETIREMENT BENEFIT FOR THE PURPOSES OF SECTION 29 Age at date of termination Less than 31 years .. .. .. 1/2160th 31 years or more but less than 41 years 1/1800th 41 years or more but less than 51 years 1/1440th 51 years or more . . .. .. .. 1/1800th (No. 22 of 1964) Proportion of average annual emoluments for the member's last five years of continuous service .. .. .. ..

THIRD SCHEDULE
(Sections 28 and 29) Amounts payable in commutation of each K1 of annuity on retirement in terms of sections 28 or 29. Exact age at date of retirement (years) Up to 30 301/2
31 311/2 32 321/2 33 331/2 34 341/2 35 351/2 36 361/2 37 371/2 38 381/2 39 391/2 40 401/2 41 411/2 42 421/2 43 431/2 44 441/2 45 451/2 46 461/2 47 471/2 48 481/2 49 491/2 50 501/2 51 511/2 52 521/2 53 531/2

Commuted value of K1 of annuity K 30.35
30.22 30.08 29.82 29.56 29.40 29.24 29.08 28.91 28.62 28.33 28.15 27.96 27.77 27.57 27.36 27.15 26.93 26.70 26.36 26.02 25.77 25.52 25.27 25.01 24.74 24.46 24.18 23.89 23.58 23.27 22.94 22.61 22.26 21.91 21.55 21.19 20.80 20.40 20.00 19.59 19.28 18.97 18.53 18.08 17.62 17.16 16.68

54 541/2 55 (As amended by Act No. 17 of 1989)

16.19 15.70 15.20

SUBSIDIARY LEGISLATION

SECTION 41-THE LOCAL AUTHORITIES SUPERANNUATION FUND (BOARD) RULES. Rules by the Minister 1. These Rules may be cited as the Local Authorities Superannuation Fund (Board) Rules. 2. (1) The provisions of the Interpretation and General Provisions Act shall apply to these Rules as if these had been made by Statutory Instrument. (2) In these Rules"member" means a member of the Board: "General Manager" means the person appointed Chief Executive under subsection (2) of section nine of the Act. 3. (1) The Board shall consist of the following members:

Statutory Instrument 61 of 1992

Title

Interpretation

Composition of Board

(a) the Permanent Secretary in the Ministry responsible for local government administration; (b) the Deputy Secretary in charge of local authorities finances in the Ministry responsible for local government administration; (c) one member appointed by the Minister from four representatives nominated by the Local Government Association of Zambia; (d) one member appointed by the Minister from four representatives nominated by Zambia Union Local Authorities Workers' Union; (e) one member appointed by the Minister from two representatives nominated by the management of Zambia Electricity Supply Corporation (ZESCO);

(f) one member appointed by the Minister from two representatives nominated by the Board of the National Housing Authority (NHA); (g) one member appointed by the Minister from two representatives nominated by the management of the Zambia National Providend Fund (ZNPF); and (h) four members appointed by the Minister from the Industrial and Commercial Sector. (2) The Minister shall designate one member as Chairman and one member as Vice-Chairman from the members referred to in subrule (1). 4. A member referred to in sub-rule (1) of rule 3(a) (i) or (ii) (iii) shall hold officefor a term of three years, but shall be eligible for re-appointment; until his membership is revoked by the Minister; until he ceases to be eligible to be a Board member; and Tenure of office

(b) may resign his office by giving not less than one month's notice in writing to the Minister. 5. The office of member shall become vacant ifVacation of office

(a) in the case of member referred to in paragraph (a), (b), (d), (e), (f), (g) and (h) of rule 3, he absents himself from three consecutive meetings of the Board without leave given by the Chairman; or (b) in the case of a member referred to in paragraph (c) of rule 3 he ceases to be a contributor to the Fund. 6. (1) The Board shall meet every two months during each period of twelve months. (2) A special meeting of the Board shall be called by the Chairman within twenty-one days of the receipt by him of a written request in that behalf signed by a majority of the members.

Meetings

(3) Meetings of the Board shall be held in Lusaka provided that where the situation so warrants the Chairman may convine a meeting to be held outside Lusaka. 7. Meetings of the Board shall be called by the General Manager who Notice of shall give members not less than seven days notice in writing of such a meetings meeting. 8. Minutes of the proceedings of every meeting of the Board shall be Minutes of regularly entered into a book to be kept for that purpose and such proceedings minutes shall be evidence that they are a correct record by the Chairman or by the person presiding over that meeting. 9. The General Manager shall be responsible for the safe custody of the Custody of book of minutes and of the common seal of the Board. minutes and common seal 10. The common seal of the Board shall be deemed to be correctly affixed to any document if so affixed in the presence of the General Manager and two senior members of the management not below the rank of head of department. Affixation of common seal

11. (1) Any question proposed for decision by the Board shall be Voting and determined by a majority of the votes of the members present and voting Board meeting at a meeting of the Board at which there is a quorum. (2) At a meeting of the Board each member present shall have vote on a question proposed for decision by the Board and, in the event of an equality of votes, the Chairman shall have a casting vote in addition to his deliberative vote. 12. The Chairman or the Vice-Chairman and any six members shall constitute a quorum. Quorum

13. The Board may from time to time appoint from amongst its Committees of members committees of the general or special nature for the purpose of Board examining any matter and reporting thereon to the Board and may

determine the number of members of and the quorum for any such committee but shall not delegate any power to any such committee. 14. There shall be paid to the Board members as the Minister may Allowances and determine, such travelling expenses and subsistence allowances in expenses respect of attendance at meetings of, or in respect of business authorised by the Board in such amounts or in accordance with such rates as the Minister may, in writing approve. CHAPTER 286 THE PROVINCIAL AND DISTRICT BOUNDARIES ACT
ARRANGEMENT OF SECTIONS

Section 1. 2. Short title Division of Zambia into Provinces and Districts

CHAPTER 286

PROVINCIAL AND DISTRICT BOUNDARIES An Act to make provision for the division of the Republic into Provinces and Districts; and to provide for the boundaries of such Provinces and Districts and the names by which they shall be known. [24th October, 1964]

8 of 1965

1. This Act may be cited as the Provincial and District Boundaries Act. Short title 2. The President may, by statutory order, divide Zambia into such Provinces and divide the Provinces into such Districts, as may be convenient for the purposes of administration, describing the boundaries thereof and assigning names thereto.
SUBSIDIARY LEGISLATION

Division of Zambia into Provinces and Districts

SECTION 2-THE PROVINCES AND DISTRICTS BOUNDARIES (DIVISION) ORDER 1. This Order may be cited as the Provinces and Districts Boundaries (Division) Order. 2. The Republic of Zambia shall be divided into the Provinces mentioned in the first column of the First Schedule and such Provinces shall be known by the names therein assigned to them. 3. Each Province of the Republic of Zambia shall include and consist of the Districts listed in the second column of the First Schedule and specified opposite each Province and such Districts shall be known by the names therein assigned to them. 4. The boundaries of each District shall be as specified in the Second Schedule. 5. The Provinces and Districts (Division) Order, 1977 is hereby revoked.

Statutory Instrument 106 of 1996

Title

Provinces

Districts

Boundaries of Districts Revocation of Statutory Instrument 211 of 1977

FIRST SCHEDULE
(Paragraphs 2 and 3)

PROVINCES AND DISTRICTS
1. The Central Province 1. 2. 3. 4. 5. 6. 1. 2. 3. The Chibombo District The Kabwe District The Kapiri Mposhi District The Mkushi District The Mumbwa District The Serenje District The Chililabombwe District The Chingola District The Kalulushi District

2.

The Copperbelt Province

4. 5. 6. 7. 8. 9. 10. 3. The Eastern Province 1. 2. 3. 4. 5. 6. 7. 1. 2. 3. 4. 5. 1. 2. 3. 4. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 1. 2. 3. 4. 5. 6. 1. 2. 3. 4. 5.

The Kitwe District The Luanshya District The Lufwanyama District The Mpongwe District The Masaiti District The Mufulira District The Ndola District The Chadiza District The Chama District The Chipata District The Katete District The Lundazi District The Nyimba District The Petauke District The Kawambwa District The Mansa District The Mwense District The Nchelenge District The Samfya District The Chongwe District The Kafue District The Luangwa District The Lusaka District The Chilubi District The Chinsali District The Isoka District The Kaputa District The Kasama District The Lubingu District The Mbala District The Mpika District The Mporokoso District The Nakonde District The Mufumbwe District The Kabompo District The Kasempa District The Mwinilunga District The Solwezi District The Zambezi District The Choma District The Mazabuka District The Monze District The Gwembe District The Namwala District

4.

The Luapula Province

5.

The Lusaka Province

6.

The Northern Province

7.

The North-Western Province

8.

The Southern Province

6. 7. 8. 9. 9. The Western Province 1. 2. 3. 4. 5. 6.

The Livingstone District The Kalomo District The Siavonga District The Sinazongwe District The Kalabo District The Kaoma District The Lukulu District The Mongu District The Senanga District The Sesheke District

SECOND SCHEDULE
(Paragraph 4)

BOUNDARIES OF DISTRICTS CENTRAL PROVINCE CHIBOMBO DISTRICT
Starting at the junction of the Great North Road T2, and Ngwerere Road D176, the boundaries follow the Great North Road southwards for a distance of 2200 metres, thence on a bearing of 262 degrees for a distance of 2930 metres to Beacon P10, the north-easterly corner beacon of Farm No. 693, thence down the Chunga River to the north western boundary of Farm No. 1962 to Beacon M'503, the north western corner of Farm No. 190a; thence following the Namayani River down Stream to its confluence with the Mwembeshi River; thence down the Mwembeshi River to its confluence with the Kabile River; thence up the Kabile River to its source; thence on a bearing 290 degrees for a distance of 33 kilometres to the source of the Lunjofwa River; thence on a bearing of 320 degrees for a distance of 5 kilometres to the source of the Mafuta River; thence on a bearing of 3400 degrees for a distance of 5 kilometres to the source of Lundu River, thence on a bearing of 356 degrees for a distance of 22 kilometres to the confluence of the Mushingashi and Mwapula Rivers, thence on a bearing of 308 degrees for a distance of 5 kilometres to the source of Kamwala River; thence on a bearing of 6 degrees for a distance of 22 kilometres to the confluence of the Lukanga River for a distance of 22 kilometres; thence due east for a distance of 50 kilometres; thence on a bearing of 135 degrees for a distance of 22 kilometres to the Lyansa River; thence up the Lyansa River for 32 kilometres to the point where this river crosses the north-western boundary of Farm 2114; thence south westwards along

the north western boundaries of Farm No. 2114, Farm No. 1978 and Farm No. 2113 and the northern boundary of Farm No. 2112 to Beacon BH169; thence along the western and southern boundaries of Farm 2112 and Farm 2113 to Beacon BH 165; thence south-eastwards along the southern boundaries of Farms Nos. 3428, 3421, 3244 and 3245 to Beacon OH734 south east Beacon of Farm No. 3245, thence eastwards across the Zambia Railways Strip Reserve to Beacon 53L on the eastern edge of the Zambia Railways Strip Reserve; thence eastwards along the southern boundaries of Farms Nos. 3273 and 1833 to the point where the Munyama River passes through the Chikonkomene Hills; thence down the Munyama River for a distance of 4 kilometres to Beacon SE 42, the western corner Beacon of Farm No. 3278; thence eastwards along the southern boundary of Farm No. 3278 to Beacon SE48, the south eastern corner beacon of this farm; thence generally northwards along the eastern corner boundaries of Farms Nos 3278, 1835, 3236 and 3235; thence along the southern boundary of Kabwe National Forest No. 31 Block 2 to Beacon T219, the south western corner beacon of Farm No. T2221, the south eastern corner beacon of this farm, thence eastwards and north westwards along the southern and eastern boundaries of Kabwe National Forest No. 31 Block 1, the point where this boundary crosses the Mkushi-Kabwe Road, D200; thence north eastwards along this road D200, to the point where it crosses the Mulungushi River; thence down the Mulungushi River to its confluence with the Ilungu River; thence on a bearing of 118 degrees for a distance of 9.5 kilometres to Kalilangoma Hill; thence on a bearing of 165 degrees following the northern, western and southern boundaries of Farm No. 1144 to Beacon Y413 on the Zambia Railways Strips Reserve; thence south-wards along the Zambia Railways Strip Reserve to Beacon Y412 the north-eastern corner beacon of Farm No. 3262; thence along the northern boundaries of Farm No. 3262 and Farm No. 1143; the western boundary of Farm 1143 and the southern boundaries of Farm No. 1143 and Farm No. 3262 to beacon Y407 on the Zambia Railways Strip Reserve; thence southwards along the Zambia Railways Strip Reserve to Beacon C344 the north eastern corner beacon of Farm No. 891; thence along the northern and western boundaries of Farm No. 891 to Farm No. 1458; thence along the northern, western and southern boundaries of Farm No. 1458 to Beacon B52; thence westwards along the Ngwerere Road, D176, to its junction with the Great North Road T2 the point of starting.

KABWE DISTRICT
Starting at Beacon L4, the most northern beacon of Farm No. 384a on the eastern boundary of Lenje Reserve No. XV, the boundary follows the north-eastern boundary of Farm No. 384a through Beacon L5 to

Beacon L6 on the Lukali River; thence continuing in a south-easterly direction down the Lukali River to a point opposite Beacon SE177 the western beacon of Farm No. 2767; thence north-eastwards, south-eastwards and south-westwards through Beacons SE178, SE179 and SE180, to the Lukali River; thence down the Lukali River to its confluence with the Chitakata River; thence in an easterly direction down the Chitakata River to its confluence with the Mulungushi River; thence down the Mulungushi River to where it is crossed by the Kabwe-Mkushi Road; thence following this road in a south-westerly direction for a distance of approximately 13 kilometres to the point where it crosses the eastern boundary of Forest Reserve No. 31: Kabwe; thence south-eastwards and south-westwards along the boundary of this Forest Reserve to Beacon T221 the south-eastern corner beacon of Farm No. 1019 Maimba; thence along the southern boundary of Farm No. 1019 to Beacon T219 the south-western corner beacon of Farm No. 1019; thence eastwards following the southern boundary of Forest Reserve No. 31: Kabwe to Beacon CG468 the north-eastern corner beacon of Farm No. 3235; thence in a general southerly direction following the eastern boundaries of Farms Nos. 3235, 3236, 1835 and 3278 to Beacon SE48, the south-eastern corner beacon of Farm No. 3278; thence westwards along the southern boundary of farm corner beacon of Farm No. 3278 to Beacon SE42 on the Munyama River; thence up to the Munyama River for a distance of approximately 4 kilometres to a point where it passes through the Chikonkomene Hills; thence westwards along the boundaries of Farm No. 1933 and Farm No. 3278 to Beacon 53L on the eastern edge of the Zambia Railways Strip Reserve; thence across the Zambia Railways Strip Reserve to Beacon OH734 the south-eastern corner beacon of Farm No. 3245; thence south-eastwards to Beacon L159 the southernmost beacon of Farm No. 3245; thence north-westwards along the southern boundaries of Farms Nos. 3245, 3244, 3421, 3428 to Beacon BH165 the easternmost beacon of Farm No. 2113; thence south-westwards along the south-westerly boundaries of farms Nos. 2113 and 2112; to Beacon BH168 the southernmost beacon of Farm No. 2112; thence northwards along the western boundary of farm No. 2112 to Beacon BG169 its north-western corner beacon of the eastern edge of the Lenje Reserve No. XV; thence in a general north-westerly direction following the north-western boundaries of Farms Nos. 2112, 2113, 2114 and 2116 to Beacon C890 the southern beacon of Farm No. 135a; thence north-westwards following the western boundary of Farm No. 135a to where it meets the Munga River; thence westwards down the Munga River to where it meets the western boundary of Farm No. 838 to Beacon V396 the north-western corner beacon of Farm No. 838; thence north-eastwards along the northern boundary of Farm No. 1541 to Beacon J497 its most northerly beacon; thence following the watershed between the Lukanga Swamp and the Mulungushi River in a general northerly direction

through Beacons BH59, BH58, BH57, SE61, SE60, SE59, SE58, SE57, SE56, SE55, SE54 to Beacon J480 the western beacon of Farm No. 1530; thence north-westwards following the boundaries of Farm No. 1530 and Farm No. 1531 through Beacons J464 and J465 to Beacon L3, the north-west corner beacon of Farm No. 1531 and the south-western corner beacon of Farm No. 384a; thence along the north-western boundary of Farm No. 38a to Beacon L4, the point of starting.

KAPIRI MPOSHI DISTRICT
Starting at the point where the Great North Road, T2 crosses the Mulungushi River, the boundary proceeds up the Mulungushi River to its confluence with the Chitakata River, thence up the Chitakata River to its confluence with the Lukali River; thence up the Lukali River to a point opposite Beacon SE180, the southern beacon of Farm No. 2767; thence north-eastwards, north-westwards and south westwards through Beacon SE 180, SE 179, SE 178 and SE177 to the Lukali River; thence up the Lukali River to Beacon L6 on the boundary of Farm No. 384a; thence following the north-eastern boundary of Farm No. 384a through Beacon L5 to Beacon L4, the most northerly beacon of Farm 384a, on the eastern boundary of the Lenje Reserve XV; thence in a south-westerly direction following the boundaries of Farms Nos. 384a, 1531 and 1530 through Beacons L3, J463 and J464 to Beacon J480, the Western beacon of Farm No. 1530; thence following the watershed between the Lukanga Swamp and the Mulungushi River in a generally southerly direction through Beacons SE 54, SE 55, SE 56, SE 57, SE 58, SE 59, SE 60, SE 61, BH 58, and BH 59 to Beacon J497, the most northerly beacon of Farm 1541, thence south westwards along the north-western boundary of Farm No. 1541 to beacon V396, the north-western corner beacon of Farm No. 838, thence southwards along the western boundary of Farm No. 838 through Beacon V397 to the point where the said boundary intersects the Munga River; thence up the Munga River to the point where it intersects the western boundary of Farm No. 135a; thence south eastwards along the western boundary of Farm No. 135a to Beacon C890, the southern beacon of Farm No, 135a, thence in south-westerly direction following the north-western boundaries of Farms Nos. 2116 and 2114 to the point where the Lyansa River crosses the north western boundary of Farm 2114; thence down Lyansa River for a distance of 32 kilometres; thence on a bearing of 315 degrees for a distance of 22 kilometres; thence due west in a straight line for a distance of 50 kilometres to the point where the Lukanga River leaves the Swamp; thence down the Lukanga River to its confluence with the Kafue River; thence up the Kafue River to its confluence with the Kasanga River; thence up the Kasanga River to its source; thence on a bearing of 236 degrees for a distance of 17 kilometres to the southern

end of Kayamba Hills; thence northwards along these hills and along the watershed between Lunga and Luswishe Rivers for a distance of 70 kilometres to a point of 54 kilometres due west of the confluence of the Mininga and Luswishe Rivers; thence eastwards to the aforesaid confluence with the Kafue River; thence down the Kafue River to its confluence with the Mutenda River; thence up the Mutenda River to its source; thence the boundary runs due east in a straight line to the source of Chisanga River; thence down the Chisanga River to its confluence with the Lukanga River; thence up the Lukanga River to its confluence with the Mukwe River; thence on a bearing of 85 degrees for a distance of 12 kilometres to Mile Peg 1373; on the eastern boundary of Zambia Railways Strip Reserve; thence northwards along the eastern boundary of the Zambia Railways Strip Reserve, skirting the eastern boundaries of Fubera Siding Reserve right, the eastern portion of Kashitu Township Reserve and the Lubwe crossing loop to the point where this boundary is intersected by the south-eastern boundary of Katanino Local Forrest No. 34; thence following the southern boundary of Katanino Local Forest eastwards passing through Beacon 61ZP to the south eastern corner beacon of aforesaid Local Forest; thence on a bearing of 80 degrees for a distance of 8.5 kilometres to the confluence of the Mobi Stream and Mubalashi River; thence down the Mubalashi River to its confluence with the Lunsemfwa River; thence down the Lunsemfwa River to the Muchinga Escarpment; thence westwards following the crest of the Muchinga Escarpment to the confluence of the Lilungu and Mulungushi Rivers; thence up the Mulungushi River to the point where the Great North Road, T2 crosses the Mulungushi River, the point of starting.

MKUSHI DISTRICT
Starting at the Boundary Post No. 7 on the Zambia - Zaire International Boundary, the boundary follows the International Boundary Beacon No. 1 thence on a bearing of 195 degrees for a distance of 8 kilometres to the source of the Mulembo River; thence down the Mulembo River to its confluence with the Lukusashi River; thence down the Lukusashi River to its confluence with the Lunsemfwa River; thence up to Lumsemfwa River to its confluence with the Shindabwe River; thence on a bearing of 180 degrees for a distance of approximately 19 kilometres; thence on a bearing of 270 degrees for a distance of 16 kilometres to beacon MA 173 the north-eastern corner beacon of the cancelled mineral area Blanche No. 266m, thence in a westerly direction along the northern boundary of this cancelled mineral area through Beacon MA 13 to Beacon MA 138 the north western corner beacon thereof; thence on a bearing of 312 degrees for a distance of 18 kilometres to the confluence of the Lunsemfwa and Mwampula Rivers near Beacon RY39; thence on a hearing of 228 degrees for a distance of 17 kilometres to the most

easterly peak of Kito Hills, thence westwards for a distance of 15 kilometres to Beacon H the south-eastern corner-beacon of Farm 217a "Formoshi", thence northwards along the eastern and north-eastern boundaries of Farm 217a through Beacon G to Beacon F; thence along line GF produced in a north-westerly direction to where it meets the Chifomoshi River, thence down the Chifomoshi River to its confluence with the Muchinda River, thence on a bearing of 342 degrees for a distance of 5.5 kilometres to Kalilangoma Hills; thence on a bearing of 300 degrees for a distance of 9.5 kilometres to the confluence of the Mulungushi and Ilunga Rivers; thence north-eastwards following the crest of the Muchinga Escarpment to the Lunsemfwa River; thence north eastwards following the crest of the Muchinga Escarpment to the Lunsemfwa River; thence up the Lunsemfwa River to its confluence with the Mubalashi River; thence up the Mubalashi River to its source, thence on a bearing of 269 degrees for a distance of 4 kilometres to the Boundary Post No. 7 the point of starting.

MUMBWA DISTRICT
Starting at Beacon KNPW 32 on the western edge of the Kafue National Park, the boundary runs along the National Park boundary through Beacons KNPW 32 to Beacon KNPW 61 inclusive; thence on a bearing of 96 degrees for a distance of 65 kilometres to the confluence of the Kafue and Lalafuta Rivers; thence up the Kafue River to a point due south of the Kayamba Hills; thence due north for 20 of 56 degrees for a distance of 17 kilometres to the source of the Kasanga River; thence down the Kasanga River to its confluence with the Kafue River; thence down the Kafue River to its confluence with the Lukanga River; thence on a bearing of 186 degrees for distance of 22 kilometres to the source of the Kamwala River; thence on a bearing of 128 degrees for a distance of 5 kilometres to the source of the Mwapula River; thence on a bearing of 176 degrees for a distance of 22 kilometres to the source of the Mundu River; thence on a bearing of 160 degrees for a distance of 5 kilometres to the source of Mafuta River; thence on a bearing of 140 degrees for a distance of 5 kilometres to the source of the Lunjofwa River; thence on a bearing of 110 degrees for a distance of 33 kilometres to the source of Kabile River; thence down the Kabile River to its confluence with the Mwembeshi for a distance of 27 kilometres; thence on a bearing of 245 degrees for a distance of 10 kilometres to the Lusaka-Mumbawa Road M9; thence along the Lusaka-Mumbwa Road M9 in a south-easterly direction for a distance of 17 kilometres to the point where it crosses the Kabile River. Thence down the Kabile River to its confluence with the Mwembeshi River; thence down the Mwembeshi River to its confluence with the Mukombwe River; thence up the Mukombwe River along the southern boundaries of Farm No. 2000, Farm No. 1942 to the

north-western boundary of Farm No. 3156; thence southwards along the western boundary of Farm