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VOLUME 9

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

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

Chapter 128.Vacant Chapter 129.Vacant

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

CHAPTER 111 THE STATE SECURITY ACT
ARRANGEMENT OF SECTIONS

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

19.

Repeal and saving of Act No. 12 of 1967

SCHEDULE-Search warrant
CHAPTER 111

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

36 of 1969 17 of 1973 27 of 1985

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

Short title

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

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

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

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

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

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

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

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

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

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

passes, etc.

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

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

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

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

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

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

Authority of Director of Public Prosecutions required for prosecution

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

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

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

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

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

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

SCHEDULE (Section 11) REPUBLIC OF ZAMBIA STATE SECURITY ACT
SEARCH WARRANT

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

CHAPTER 112 THE PRESERVATION OF PUBLIC SECURITY ACT

N. 5. 2. (1) The provisions of this section shall have effect during any period Public security regulations. No. 1960] 5 of 1960 Government Notices 229 of 1964 497 of 1964 Statutory Instrument 85 of 1964 1. and the maintenance of the administration of justice. (As amended by G. (2) The President may. Cap. for the preservation of public security. In this Act. 85 of 1964) 3. 4. 1. the law and lawful authority. 6. 3. the prevention and suppression of mutiny. This Act may be cited as the Preservation of Public Security Act. by regulation- . disorder and crime. [4th March. intimidation. the maintenance of supplies and services essential to the life of the community.ARRANGEMENT OF SECTIONS Section 1. when a declaration made under the Constitution has effect.I. and to provide for matters incidental thereto. the expression "public security" includes the securing of Interpretation the safety of persons and property. Short title 2. the prevention and suppression of violence. rebellion and concerted defiance of. and disobedience to. No. 229 of 1964 and S. Short title Interpretation Public security regulations Incidental and supplementary provisions in regulations Application and effect of regulations Proof of documents CHAPTER 112 PRESERVATION OF PUBLIC SECURITY An Act to make provision for the preservation of public security.

by statutory instrument. egress from. such other things as appear to him to be strictly required by the exigencies of the situation in Zambia. (As amended by S. and the entry to. restriction and control of assemblies. supply. publishing. acquisition. (c) make provision for the prohibition. the possession. make regulations to provide for(a) (b) the detention of persons.I. No. distribution and possession of publications. (b) make provision for the apprehension and trial of persons offending against the regulations and for such penalties as the President may think fit for offenders thereunder. requiring persons to do work and render services. .(a) make provision for the prohibition of the publication and dissemination of matter prejudicial to public security. and authorise the doing of. or (e) make provision for. control and maintenance of supplies and services. (3) If the President is satisfied that the situation in Zambia is so grave that it is necessary so to do. occupation and use of immovable property. (b) make provision for the prohibition. and. to the extent necessary for that purpose. sale. 85 of 1964) 4. (d) make provision for the regulation. Regulations made under section three mayIncidental and supplementary provisions in regulations (a) make provision for the payment of compensation and remuneration to persons affected by the regulations. movement and transport of persons. restriction and control of residence. he may. use and transport of movable property. for the regulation and control of the production.

1 Application and 5. (e) make provision for the delegation and transfer of powers and duties conferred and imposed by or under the regulations.(c) make provision for suspending the operation of any written law other than the Constitution. (1) Any regulations made under this Act may be made to apply to Zambia or to any part thereof. such regulation. (As amended by S. No. 85 of 1964) Cap. on the expiration of the said period of three months. 1 and General Provisions Act. order or rule shall. and to any person or class of persons or to effect of regulations the public generally. (As amended by G. shall have effect notwithstanding anything inconsistent therewith contained in any written law other than the Constitution and to the extent of any such inconsistency any such law as aforesaid shall have no effect so long as such regulation. No. but without prejudice to the validity of anything previously done thereunder or to the making of any new regulation. order or rule.I.I. (3) Where any regulation made under this Act or any order or rule made under any regulation made under paragraph (d) of section four has not been laid before the National Assembly on a sitting day within three months of the date of making thereof. cease to have effect. (2) Subject to the provisions of section twenty-two of the Interpretation Cap. 229 of 1964 and S. 85 of 1964) . and (f) contain such other incidental and supplementary provisions as appear to the President to be necessary or desirable for the purposes of such regulations: Provided that nothing in the foregoing provisions of this section or in the provisions of section three shall authorise the making of any regulations providing for the trial of persons by military courts. any regulation made under this Act. 2 Cap. No. (d) make provision for empowering such authorities and persons as may be specified in the regulations to make orders and rules for any of the purposes for which such regulations may be made. order or rule shall remain in force. and any order or rule made under any such regulation.N.

Governor of the Territory of Northern Rhodesia.I. and purporting to be signed by or on behalf of the Governor of Northern Rhodesia prior to the 24th October. direction. No. 1964. by notice in the Gazette. or such other authority or person. or thereafter by the President. 1964 WHEREAS by section three of the Preservation of Public Security Act it is provided that if the Governor is satisfied that it is necessary for the preservation of public security so to do. Officer of the Most Excellent Order of the British Empire. documents certificate. Knight Commander of the Most Distinguished Order of Saint Michael and Saint George. permit. licence. do hereby declare and proclaim that the provisions .Proof of 6. he may. or thereafter by the President. shall be received in evidence. authority. Commander in the Royal Victorian Order. granted or issued by the Governor of Northern Rhodesia prior to the 24th October. Every document purporting to be an order. and shall. or any other authority or person in pursuance of this Act or any regulation made under this Act or any order or rule made under any such regulation. until the contrary is proved. AND WHEREAS I am satisfied that it is necessary for the preservation of public security to declare that the provisions of the said subsections (2) and (3) of the said section three shall come into operation: NOW THEREFORE. 112 Government Notice 374 of 1964 Declaration by the Governor of Northern Rhodesia prior to the 24th October. 85 of 1964) SUBSIDIARY LEGISLATION PRESERVATION OF PUBLIC SECURITY SECTION 3-APPLICATION CAP. I. declare that the provisions of subsections (2) and (3) of the said section shall come into operation and thereupon those provisions shall come into operation accordingly. EVELYN DENNISON HONE. 1964. or other document made. be deemed to have been made. 1964. or thereafter by the President. (As amended by S. or that authority or person. granted or issued by the Governor of Northern Rhodesia prior to the 24th October.

3. Control of assemblies Dangerous weapons. 15B. and unlawful conduct at assemblies Closing of premises Threats calculated to intimidate or cause alarm prohibited Threatening violence prohibited 11. processions. 16. THE PRESERVATION OF PUBLIC SECURITY REGULATIONS ARRANGEMENT OF REGULATIONS Regulation 1. 2. 7. 14. etc. Governor. 15.of subsections (2) and (3) of section three of the Preservation of Public Security Act shall come into operation on the date hereof. buildings and in public places 6. 8. Prohibition of wearing or possessing certain uniforms Duty to attend meetings Control of movement on roads Curfews Blackouts Controlling electricity Restriction orders . 10. 5. 15A. 1964. At Lusaka this twenty-seventh day of July. D.. Hone. 13. Power to prohibit certain activities at dwellings. Prohibition of entry into Zambia without travel document of identity 12. E. Title Application of regulations Interpretation Prohibition of meetings. etc. 4. 9.

46. inspection and search Power to stop and search vehicles Publicity for orders Obstruction of officers Delegation of functions Effect of regulations on contracts Attempt to commit offences. 37. 39. 47. 30. No. 39 of 1993 Power of arrest Powers of entry. No.I. Retention of articles in connection with restriction orders 18. No. 39 of 1993 Revoked by S. 42. 39 of 1993 Revoked by S. 24. No.I. 35.I. Revoked by S. No.I. No. 29. 20. 36. 33. 31.I. 39 of 1993 Revoked by S. 44. 45. No.I. 28. 43. Jurisdiction of subordinate courts Jurisdiction of local courts Offence for contravention of condition Detention orders Retaining possession of articles Power to detain suspected persons Harbouring suspected persons Revoked by S.I. 32. No. 39 of 1993 Revoked by S. 26. 39 of 1993 Revoked by S. 21. 34. 40. 25.I.17. 41. 38. 23.I. Power to direct persons to proceed to and remain in any part of Zambia 19. 39 of 1993 Prohibited areas Revoked by S. 22. 39 of 1993 Smuggling of any petroleum product Possession of any petroleum product Persons influencing employees in necessary services Penalties . etc. No. 27. 39 of 1993 Revoked by S.

apply only Application of regulations to those parts of Zambia set out in the Schedule. 13 of 1994 1. Title 2.SCHEDULE-Prescribed areas Government SECTIONS 3. except as hereinafter provided. These Regulations shall. These Regulations may be cited as the Preservation of Public Security Regulations. 4 AND 5-THE PRESERVATION OF Notices PUBLIC 375 of 1964 SECURITY REGULATIONS 377 of 1964 Regulations by the President 389 of 1964 402 of 1964 497 of 1964 515 of 1964 Statutory Instruments 8 of 1965 66 of 1965 104 of 1965 127 of 1965 331 of 1965 359 of 1965 370 of 1965 15 of 1966 53 of 1966 75 of 1966 187 of 1966 218 of 1966 116 of 1968 239 of 1968 361 of 1968 335 of 1969 357 of 1969 239 of 1970 240 of 1970 8 of 1972 172 of 1977 177 of 1977 33 of 1993 39 of 1993 Act No. .

106 the Defence Act and any other military. or affecting. in relation to any provision or condition. and done with a view to compelling those persons. with the approval of the President. to accept terms or conditions of. or the refusal of an employer to continue to employ any number of persons employed by him. "assembly" means any gathering of three or more people whether in public or in private. employment. and "contravene" shall be construed accordingly.3. naval or air forces which may. includes a failure to comply with such provision or condition. "District Messenger" means a District Messenger as defined in section two of the District Messengers Act. in consequence of a dispute. In these Regulations. or to aid the employer in compelling persons employed by him. 288 "established resident" has the meaning assigned to it in the Immigration Cap. for the purposes of all or any of the regulations in which such expression occurs. 123 and Deportation Act. "detention order" means an order made under the provisions of sub-regulation (1) of regulation 33. "competent authority" means a person appointed in writing by the President. or by any person exercising the functions of the President by virtue of regulation 27. Cap. "contravention". . military or air forces. "lock out" means the closing of a place of employment or the suspension of work. for the time being be cooperating with the Defence Force. "Defence Force" means the Defence Force referred to in section four of Cap. "citizen" means a citizen of Zambia. unless the context otherwise requires- Interpretation "armed forces" means any of the naval.

any sewerage.I. harbour or dock. "officer in charge of police" shall have the same meaning as is set out in Cap. * Any service required for the working of a mine declared to be a necessary service by S."necessary service" means(a) out service relating to the generation. 239 of 1966. or to the driving loading and unloading. No. railway. airfield. supply or distribution of electricity. supply. (i) any transport service. The transport of refugees from any country and the transport of essential goods declared to be a necessary service by S. ferry. (j) any road. (f) any service relating to the production. (g) mining. or (k) any other service or facility whether or not of a kind similar to the foregoing. any service relating to the supply or distribution of water. No. (h) any communications service. delivery or distribution of food or fuel. rubbish disposal or other sanitation service. and any service relating to the repair and maintenance. No. pontoon. 238 of 1968. The transport of goods and passengers by rail declared to be a necessary service by S. bridge.I. 107 section two of the Zambia Police Act.I. including any service required for the working of a mine. (b) (c) (d) (e) any fire brigade or fire service. of vehicles for use in a transport service. any health. 55 of 1966. . hospital or ambulance service. declared by the *President to be a necessary service for the purpose of these Regulations.

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

held or attended by any specified person or group of persons. (1) In this regulation"meeting" means any meeting. Nos. (5) It shall be lawful for any proper officer by order to prohibit any person or class of person specified in such order from addressing any meeting or assembly in any area. (4) Any order made under the provisions of sub-regulation (2) may exempt from the provisions of such order such meetings or classes of meetings as may be specified in the order. and any such order may at any time be amended so as to provide for such exemption. . (d) any or all meetings organised. etc. (3) An order made under the provisions of sub-regulation (2) may relate to(a) (b) (c) all meetings. No. in contravention of any such order. any specified meeting. 8 and 66 of 1965 No. 8 of 1972) 4. (2) It shall be lawful for any proper officer by order to prohibit the holding of any meeting in any area. place or building within the prescribed area. "proper officer" means any police officer not below the rank of Assistant Superintendent. 239 of 1970 and No. or is proposed to be held. either generally or during any period which may be so specified. processions. 116 of 1968. or Prohibition of meetings. either generally or on any particular day or during any particular time. any specified class of meeting. 377 of 1964. and if any meeting is held. sporting event or entertainment of any description.(As amended by No. it shall be lawful for any proper officer to take or cause to be taken such steps as may be necessary to disperse such meeting or to prevent the holding thereof. convened. place or building within the prescribed area. procession.

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

any District Messenger. (5) For the purposes of this regulation"member of a Police Force" includes any police officer. other than a building. bridge or other way which is lawfully used by the public. to which the public are for the time being entitled or permitted to have access. . street. (3) An order made under the provisions of this regulation may exempt from the operation thereof any person or class of persons. either without any condition or upon the condition of making any payment. any mine police officer. "public place" has the meaning assigned to it in sub-regulation (5) of regulation 6. "proper officer" means any officer in charge of police. and any member of the Defence Force who is present within the prescribed area. and the provisions of this regulation shall not apply to any member of a Police Force acting in the course of his duty. by order in writing.(4) Any person who contravenes any provision of an order made under this regulation shall be guilty of an offence. (2) Any person who. (5) For the purposes of this regulation and any order made hereunder. (4) An order made under this regulation shall come into operation immediately on the making thereof but shall be published in the Gazette as soon as is reasonably practical thereafter. any municipal police officer. market place. either generally or for such period as may be specified in such order. (1) It shall be lawful for any proper officer. 357 of 1969) Control of 6. to prohibit during any period specified in such order assemblies between assemblies such hours as are specified in such order in any public place in such area as is specified in such order. between the hours specified in an order made under sub-regulation (1) during any period specified in such order. is in the company of two or more persons in any public place in an area specified in such order shall be guilty of an offence. road. and any place. (No. and "public place" includes any highway. square.

and unlawful conduct at assemblies (b) any person employed by the Government. or (b) conducts himself in such a manner as to occasion a breach of the peace or as to cause persons in the neighbourhood reasonably to fear that he will commit a breach of the peace or will provoke other persons to commit a breach of the peace. any person. Dangerous weapons. or (c) any person exempted from such provisions by a police officer of or above the rank of Sub-Inspector. or damages. shall be guilty of an offence and shall be liable upon conviction to imprisonment for a period not exceeding ten years. or by any building or construction company while acting in the course of his employment. or threatens or attempts to damage. any property of any description.(As amended by Nos. . takes part in or is found at any assembly and who has in his possession at such assembly any firearms. explosive substance or any stick. by any local authority.. or any class of person so exempted by the Inspector General of Police by notification in the Gazette: Provided that any such exemption shall be subject to such conditions. etc. 8 and 66 of 1965 and No. (2) Any person who. as may be imposed by the authority granting such exemption. whether real or personal. by any mining company. stone or other dangerous missile shall be guilty of an offence and shall be liable upon conviction to imprisonment for a period not exceeding five years. (4) The provisions of this regulation shall not apply to(a) any member of a Police Force acting in the course of his duty. (3) A person charged with an offence under the provisions of this regulation shall not be granted bail. (1) Any person who attends. or threatens or attempts to injure. if any. at any assembly(a) injures. ammunition. 361 of 1968) 7. dangerous weapon.

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

"intimidate" means to put any person in fear of any injury or damage to himself or to any member of his family. business. makes any statement indicating or implying that it would be incumbent or desirable(a) to do any act or acts calculated to bring death or physical injury to any person or any class or community of persons. Prohibition of entry into Zambia without travel document of identity Threatening violence prohibited (2) The provisions of sub-regulation (1) shall not apply to(a) any person duly accredited to Zambia by or under the authority of the government of any sovereign state. without lawful cause or excuse. or in fear of any injury or loss to his property. to that extent only. or (c) to commit an offence against any written law in force in Zambia or in any part thereof.(2) In this regulation. or (b) to do any act or acts calculated to lead to destruction or damage to any property. or to both. shall be guilty of an offence and liable upon conviction to imprisonment for a period not exceeding seven years: Provided that a statement which expresses mere disapproval of a written law shall. 10. employment or means of living. (b) any person who under any written law is entitled to any diplomatic immunities and privileges by reason of his association with an organisation of which the Republic or the Government and one or more other states or the government or governments thereof are . or to his dependants. be held not to be a statement which indicates or implies that it would be incumbent or desirable to commit an offence against such law. (1) Any person who enters Zambia without a travel document of identity shall be guilty of an offence and shall be liable on conviction to a fine not exceeding seventy five thousand penalty units or to imprisonment for a period not exceeding five years. Any person who. 11.

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

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

(2) In any order made under sub-regulation (1) the President may. prohibit. (6) For the purposes of this regulation"authorised officer" means a police officer not below the rank of Inspector. in respect of the whole or any part of the prescribed area. he may. (As amended by Nos. being a person to whom the curfew order applies. (3) Any person who is out of doors in any area specified in a curfew order within the hours specified in that order who(a) or (b) fails to stop when called upon to do so by an authorised officer. 8 and 66 of 1965) Curfews 15.(4) Any person who enters. (1) Wherever the President is satisfied that for the purpose of maintaining public order it is necessary so to do. all or any class of persons from being out of doors between such hours as may be specified in such order except with the authority of a written permit granted by such authority or person as may be so specified. in or on a vehicle. is not in . shall be guilty of an offence. if any. (5) The provisions of an order made under this regulation shall not apply to any person exempted from such provisions by a police officer of or above the rank of Assistant Inspector Grade I. or any class of persons exempted by an authorised officer: Provided that any such exemption shall be subject to such conditions. by order (hereinafter referred to as a "curfew order"). as may be imposed by the authority granting such exemption. any road or part of a road. or a commissioned officer of the Defence Force when acting in aid of the civil power. either absolutely or in such circumstances or subject to such conditions as may be specified in the order. grant exemption to any person or class of persons from the operation of such order. entry to which is prohibited by order under sub-regulation (1).

possession of a written permit authorising him to be so out of doors. police officer. or to both. he may. (4) The provisions of this regulation shall not apply to an authorised officer. "authorised officer" means any magistrate. or member of the Defence Force when acting in aid of the civil power. 13 of 1994) Controlling 15B. 13 of 1994) 15A. (No. (5) For the purposes of this regulation. 359 of 1965 and Act No. he may issue a direction that the supply electricity of electricity from all or any electricity stations in Zambia shall be wholly or partially cut off during such period and between such hours as the President may specify. 177 of 1977) . shall be guilty of an offence against these Regulations and shall be liable on conviction to a fine not exceeding seven hundred and fifty penalty units or to imprisonment for a period not exceeding three months.I. No. (2) Any person who coutravenes an order made under sub-regulation (1) shall be guilty of an offence against these Regulations and shall be liable on conviction to a fine not exceeding two hundred and fifty penalty units or to imprisonment for a period not exceeding three months or to both. Where the President is satisfied that in the interests of security or Black-outs for the purpose of maintaining public order it is necessary so to do. (As amended by S. (3) The provisions of this regulation shall not apply to any vehicle being used on duty by an authorised officer as defined in sub-regulation (5) of regulation 15. 172 of 1977 and No. District Messenger. No. (As amended by S. in respect of the whole or any part of the prescribed area that lights shall be kept extinguished between such hours as may be specified in the order. Where the President is satisfied that in the interest of public security it is necessary so to do. by order direct.I.

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

and shall. in contravention of a restriction order shall be guilty of an offence. (7) Without prejudice to any proceedings which may be taken against a restricted person under these Regulations. he may be removed thereto. leaves any place or area. be deemed to be in lawful custody. 17. and shall. or fails to notify his movements. is within a place or area specified in such order. any restricted person who is at any time within or outside any place or area in contravention of the provisions of a restriction order or of the terms or conditions of a permit issued under sub-regulation (2) may be removed from or to such place or area. by any police officer or person acting on behalf of the President. whilst being so removed. by any police officer or any person acting on behalf of the President. Retention of articles in connection with restriction orders . or (b) in the case of a restriction order made under paragraph (b) of sub-regulation (2). (1) Where any article has come into the possession of an executive authority (whether in consequence of the seizure of the article under any of these Regulations or otherwise) and it appears to him that the article is or may be relevant to the making of a restriction order. he may be removed therefrom. be deemed to be in lawful custody. is outside a place or area specified in such order. as the case may be. whilst being so removed. (6) Any person who(a) (b) (c) enters or is found in any place or area.(a) in the case of a restriction order made under paragraph (a) of sub-regulation (2). such executive authority may retain such article for so long only as may be necessary to investigate or inquire whether or not a restriction order should be made: Provided that no such article may be retained for any period exceeding the period for which this regulation is in force.

direct any such citizen described by name in the order to proceed to and remain in any part of or place in Zambia named in the order. or District Messenger shall have all the powers of arrest of a police officer. the President. No. member of the Defence Force when acting in aid of the civil power. 20. (2) Any person who. by order. (No. may.(2) Any person aggrieved by the retention of an article under this regulation may make his objection to the Inspector General of Police who shall consider such objection. Power to direct persons to proceed to and remain in any part of Zambia Power of arrest 22. . 39 of 1993. 39 of 1993. where it appears to him to be strictly required by the exigencies of the situation in the Republic.I. any authority. No. officer or other person whatsoever having functions in connection with the execution of these Regulations shall be an executive authority. (1) For the purpose of controlling Zambian citizens returning to Zambia from any foreign country. (3) For the purposes of this regulation.I. Revoked by S. 359 of 1965) 19. (As amended by No. (2) Any magistrate. member of the Defence Force when acting in aid of the civil power. 21. (1) Any magistrate. Revoked by S. 8 of 1965) 18. 39 of 1993. or District Messenger may arrest without warrant any person who is guilty or suspected of being guilty of an offence under these Regulations. fails or neglects to comply with any such order or prevents or obstructs or interferes with any other person in the performance of any such order shall be guilty of an offence. without lawful excuse. police officer. Revoked by S.I. No. or any competent authority.

8 and 66 of 1965) 23. the proof whereof shall lie on him. fails or refuses to comply with a request or signal made to him by an authorised officer in the exercise of the powers conferred upon such officer by sub-regulation (1). "authorised officer" means any police officer. an offence under these Regulations or any other written law. to stop and search any vehicle which is in motion or to search any vehicle which is stationary which he has just cause to believe(a) may contain any person who has committed or is about to commit an offence under these Regulations or any other written law. without reasonable excuse.(As amended by Nos. to enter and inspect any premises or place wherein he has just cause to believe that there is evidence relevant to the making of a detention order or a restriction order. is being or is about to be committed. or to both. or that an offence under these Regulations has been. and to search any part of such premises or place and then and there to take all necessary measures for the retention and preservation of such evidence or for the effectual prevention or detection of such offence. by day or by night. without a warrant. (As amended by Nos. 8 and 66 of 1965) 24. (As amended by Nos. or search police officer not below the rank of Assistant Inspector. 8 and 66 of 1965 and Act No. 13 of 1994) . (3) For the purposes of this regulation. It shall be lawful for any member of the Defence Force not below Powers of entry. shall be guilty of an offence and liable upon conviction to a fine not exceeding seven hundred and fifty penalty units or to imprisonment for a period not exceeding three months. or any member of the Defence Force when acting in aid of the civil power. (1) It shall be lawful for an authorised officer. (b) (i) (ii) contains evidence relevant tothe making of a detention order or a restriction order. by day or by night. without warrant. Power to stop and search vehicles (2) Any person who. any District Messenger. inspection and the rank of warrant officer when acting in aid of the civil power.

(1) Without prejudice to the operation of any other written law. without prejudice to the generality of this above provision. direction or notice is made or given under the provisions of these Regulations. scheme or direction thereunder. as he may specify. or. direction or notice addressed to an individual. direction or notice shall cause notice thereof to be given in such manner as he thinks necessary for bringing it to the notice of all persons who in his opinion ought to have notice of the order. 27. The President may. functions to exercise all or any of the functions conferred upon the President by these Regulations. 29. if any. order. that necessity shall be a good defence to any action or proceedings taken against that person in respect of the non-fulfilment of such contract so far as it is due to that interference. but no such delegation shall affect or impair the power of the President to act himself under these Regulations. and thereupon any person so deputed shall have and may exercise such functions accordingly. by post or otherwise. or does any act preparatory to the commission of any offence against any of these Regulations shall be guilty of an offence against that regulation and shall be liable upon conviction to the punishment provided in respect of such first-mentioned offence. .Publicity for orders 25. it shall be a sufficient notification of any order. subject to such conditions. If the fulfilment by any person of any contract is interfered with by Effect of the necessity on the part of himself or of any other person of complying regulations on contracts with these Regulations or any rule. direction or notice and. or withholds any information in his possession which he may reasonably be required to furnish from. etc. and either generally Delegation of or specially. When any order. direction or notice if it shall be published in the Gazette. the person issuing such order. any Attempt to commit offences. if it is brought to his notice by service. person who attempts to commit. 28. notice. Any person who obstructs. Obstruction of 26. conspires with any other person to commit. knowingly misleads. either by name or by office. or otherwise officers interferes with or impedes. any officer or other person who is carrying out the orders of the President or who is otherwise acting in accordance with his duty under these Regulations shall be guilty of an offence. in the case of an order. depute any person or persons. by writing under his hand.

Jurisdiction of subordinate courts Cap. "district" shall have the meaning Cap.(2) Any person who does any act preparatory to the commission of an offence against any written law relating to injury to the person or damage to property. whether real or personal. 30. 31. 88 (3) The provisions of the Criminal Procedure Code relating to the confirmation of sentences and fines imposed by subordinate courts shall apply to any sentence or fine imposed in respect of an offence under these Regulations. 88 which is assigned to it in section two of the Criminal Procedure Code. (2) A subordinate court of the third class may try any offence under these Regulations in respect of which the penalty is provided under regulation 47 and may impose any penalty provided for in such regulation. these Regulations or any other written law. Cap. 87 (4) Notwithstanding the provisions of any other written law to the contrary. shall be guilty of an offence. (1) Notwithstanding the provision of any written law to the Jurisdiction of contrary. a subordinate court may inquire into or try any offence which it has jurisdiction to try under the Penal Code. (1) A subordinate court of the first or second class may try any offence under these Regulations and impose any sentence provided for in these Regulations. whether or not the offence was committed within the district in which such subordinate court has jurisdiction. may impose any sentence provided for in those regulations: Provided that nothing in this sub-regulation shall confer jurisdiction on a . a local court shall have and may exercise jurisdiction to try any local courts offence under regulations 13 and 36 and accordingly such local court(a) and (b) shall administer the provisions of the said regulations 13 and 36. (5) For the purposes of this regulation.

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

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

389 of 1964. (11) On any review by a Tribunal in pursuance of this regulation of the case of a detained person. 8. Nos. the Attorney-General. the Tribunal may make recommendations concerning the necessity or expediency of continuing his detention to the President. (10) On any review by a Tribunal in pursuance of this regulation of the case of a detained person. 104. (9) A Tribunal established under sub-regulation (7) may exclude from proceedings before it persons other than the parties to the proceedings and their legal representatives to such extent as the Tribunal may consider necessary or expedient in the interests of defence. shall have a right of audience before the Tribunal for the purpose of presenting the case and may make representations to the Tribunal. public morality or the protection of the private lives of persons concerned in the proceedings. (8) Where a person is lawfully detained under this regulation. 33 and 39 of 1993) 34. public order. (2) A Tribunal shall consist of(a) a chairman. or such public officer or class of public officers as may be specified by him or a legal practitioner instructed in that behalf by the Attorney-General. 377 of 1964 as amended by No. but the President shall not be obliged to act in accordance with any such recommendation. (1) Where any article has come into the possession of an executive Retaining authority (whether in consequence of the seizure of the article under any possession of .President considers necessary or expedient for the purposes of this regulation. his case shall be reviewed not more than one month after the commencement of his detention and thereafter during his detention at intervals of not more than six months by a Tribunal established under sub-regulation (7). appointed by the Chief Justice. 127 of 1965 and Nos. public safety. (b) such other persons as the President may appoint. (No. qualified to be enrolled as an advocate in Zambia.

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

No. 335 of 1969 and No. 39 of 1993. Revoked by S.I. No. or to both such fine and imprisonment. . subject to any exemptions for which provisions may be made by the same or any subsequent order. No. Any person who harbour or conceals any other person whom he Harbouring knows or has reason to believe to be a person whose presence. he may by order declare such area to be a prohibited area for the purposes of these Regulations. 39. Revoked by S. 39 of 1993. 13 of 1994) 37.36. activities suspected or movements constitute a threat to the preservation of public security persons shall be guilty of an offence and be liable to a fine not exceeding one thousand five hundred penalty units or to imprisonment for a period not exceeding six months. (2) An order made under this regulation shall come into force upon such date as may be specified therein. (1) If. 39 of 1993. 38. (No. Revoked by S.I. No. no person shall enter or re-enter or remain in or be within any part of the prohibited area unless he is in possession of a permit issued by a competent authority.I. and so long as the order is in force.I. 40.I. into or out of such area constitutes a threat to the maintenance of public order. activities or movement of such persons in. 41. 42. Revoked by S. Revoked by S. it appears to Prohibited areas the President that persons are or may be resorting thereto or concealing themselves or residing therein in circumstances in which the presence. 39 of 1993. in respect of any prescribed area or part thereof. No. (3) A permit issued under sub-regulation (2)(a) shall be in such form as the authority issuing it shall determine. 39 of 1993.

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

322 (a) or otherwise than in accordance with the Customs and Excise Act. Possession of any petroleum product . (1) Any person who exports from Zambia any petroleum product- Smuggling of any petroleum product Cap. (2) Where the amount of any petroleum product involved in the commission of any offence exceeds four hundred and forty-five litres. "petroleum product" means a refined petroleum capable of being used as a motor spirit or diesel fuel or power paraffin or aviation spirit. shall be guilty of an offence and liable on conviction to imprisonment for a period not exceeding five years. (2) Where the amount of any petroleum product involved in the commission of any offence exceeds four hundred and forty-five litres. (1) Any person who is in possession of any petroleum product.44. but does not include illuminating paraffin. without lawful authority. the burden of proving which shall be on him. a sentence of not less than three years shall be imposed on the person convicted of that offence. (b) in contravention of any written law or order prohibiting. restricting or regulating the export of any petroleum product. 218 of 1966) 45. but does not include illuminating paraffin. a sentence of not less than one year shall be imposed on the person convicted of that offence. "petroleum product" means a refined petroleum capable of being used as a motor spirit or diesel fuel or power paraffin or aviation spirit. shall be guilty of an offence and liable on conviction to imprisonment for a period not exceeding fifteen years. 75 of 1966 as amended by No. (No. (3) For the purposes of this regulation. (3) For the purposes of this regulation.

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

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

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

"detained person" means a person detained under the authority of a detention order. Title Application of Regulations 3. where any person detained under regulation 35 of the said Regulations is detained in a place of detention. 13 of 1994 1. In these Regulations. "detention order" means an order made against any person under the provisions of sub-regulation (1) of regulation 33 of the Preservation of Public Security Regulations. or. 2. 29. These Regulations may be cited as the Preservation of Public Security (Detained Persons) Regulations. such person.26. Use of force and communication with detained persons Use of weapons by officers and guards Offences Power to punish officers and guards Proceedings FIRST SCHEDULE-Scheduled offences SECOND SCHEDULE-Normal and reduced diets SECTION 3-THE PRESERVATION OF PUBLIC SECURITY (DETAINED PERSONS) REGULATIONS Regulations by the President Government Notices 412 of 1964 497 of 1964 Statutory Instruments 8 of 1965 66 of 1965 Act No. . 28. 27. 30. or under the provisions of sub-regulation (6) of regulation 33 of the Preservation of Public Security Regulations. These Regulations shall apply to the whole of Zambia. unless the context otherwise requires- Interpretation "Commissioner" means the Commissioner of Prisons.

In any written law relating to the remand or safe custody of accused Interpretation of persons or persons awaiting trial. "prison". subject to the general or special directions Powers of of the President. be responsible for the general control and Commissioner administration of all places of detention and for the security and proper treatment of all detained persons therein. "prohibited article" means any article other than(a) an article issued to a detained person by an officer-in-charge. "officer" means a person appointed to be an officer under regulation 7. "police officer" means any member of the Zambia Police Force or the Zambia Police Reserve and a Special Constable. . include a reference to a place of detention. notwithstanding anything to the contrary laws contained in such law. or (b) an article which a detained person is permitted by these Regulations or by an officer-in-charge to retain. The Commissioner shall. "removal order" means an order made under the provisions of sub-regulation (2) of regulation 9 directing that a detained person be removed from one place of detention to another. in relation to any place of detention. means the person appointed by the Commissioner to be in charge of such place. and he may issue standing orders for these purposes. "scheduled offence" means an offence specified in the First Schedule. 5. (As amended by No. "officer-in-charge". "place of security" and other written "place of safety" shall."guard" means a person appointed as such under the provisions of regulation 7. "place of detention" means a place authorised by the President under the provisions of sub-regulation (5) of regulation 33 of the Preservation of Public Security Regulations. 8 of 1965) 4.

and for the due observance by such officers. and shall maintain such records and observe such standing orders as the Commissioner shall direct. officers and guards appointed under these Regulations shall have all the powers. (1) The Commissioner may appoint such number of persons to be officers and guards for the purposes of these Regulations as he shall think necessary to ensure the safe custody of detained persons in places of detention and for the control and proper governance and administration of places of detention. (2) It shall be the duty of officers and guards appointed under these Regulations to do all things that are necessary for preventing detained persons from escaping and for maintaining good order in places of detention and for ensuring that the provisions of these Regulations are observed so far as it is within their competence to do so. appoint a public officer to be the officer-in-charge thereof. Appointment and general duties of officers in charge (2) The officer-in-charge shall. officers and guards Appointment and duties of officers and guards 9. according to the provisions of these Regulations until such person is . or transferred thereto under a removal order. Officers-in-charge. subject to the directions of the Commissioner. in respect of every place of detention. privileges and protection of a police officer. Powers of officers in charge. (As amended by No. 8 of 1965) 7. 8 of 1965) 8. (1) The Commissioner shall.6. guards and detained persons of the provisions of these Regulations. (1) Every officer-in-charge is hereby authorised and required to keep Detention and and detain all detained persons duly conveyed to a place of detention of removal which he is in charge. have and be responsible for the control and administration of the place of detention of which he is appointed and shall be responsible to the Commissioner for the treatment of detained persons in his custody and the conduct of officers and guards under his control. (As amended by No.

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

as the . (5) The officer-in-charge shall inspect the place where the property of detained persons is stored at regular intervals and shall take such steps as he may consider necessary for its proper preservation. with such variations. if circumstances permit.to be retained. (2) All property taken into the custody of an officer-in-charge under the provisions of sub-regulation (1) shall be labelled so as to be easily identifiable as the property of the person from whom it is taken. by reason of its bulk. who shall keep an inventory of the same. nature or excessive quantity. cause every detained person to be medically examined by a medical officer and weighed immediately on his admission to a place of detention and at convenient intervals thereafter. brought into a place of detention by a detained person or sent to such place of detention for the use of such person shall be taken into the custody of the officer-in-charge. clothes or other effects shall be returned to the detained person when he is lawfully released or removed from the custody of the officer-in-charge. and such person shall acknowledge that the property taken from him is correctly listed by affixing his signature or mark against the entry relating to his property in such inventory. an officer-in-charge shall give a detained person every facility to dispose of any property belonging to him which was brought or sent into a place of detention by or on behalf of such person. (4) Subject to the provisions of these Regulations. cannot be conveniently stored in such place of detention. (1) Unless he is placed on a reduced diet under the provisions of Food and regulation 20. 12. and all such money. The officer-in-charge shall. Medical examination and weighing 13. (3) An officer-in-charge may refuse to take into a place of detention any property of a detained person which. if any. and (c) articles which a detained person is permitted to have by virtue of any provision of these Regulations. every detained person shall receive the normal diet set out necessaries in the Second Schedule.

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

if so requested by the officer-in-charge. no detained person shall be compelled to perform any work but a detained person may elect to be given employment and in such case shall be eligible to receive such payment as the Commissioner may determine. the precincts thereof. (1) A detained person may be visited once in any week by persons Visits authorised by the officer-in-charge and may in special circumstances be allowed further visits in the discretion of the officer-in-charge. his clothing. Employment 17. and Letters . furniture and utensils clean and tidy and shall assist in the preparation of his food. (3) A detained person shall not be visited by more than two visitors at any one time. (4) The officer-in-charge shall permit the legal representative of a detained person to interview such person at such times and subject to such conditions as the officer-in-charge may specify and such interviews shall not be reckoned as visits for the purpose of sub-regulation (1). 19. produce proof to the satisfaction of the officer-in-charge that he is the legal representative of the person whom he wishes to interview. (2) Visits shall be made at such times and places and subject to such conditions as the officer-in-charge may specify. 18. (1) A detained person shall be permitted each week(a) to receive one letter. A detained person may exercise daily during such periods as shall Exercise be permitted by the officer-in-charge. (5) A legal practitioner who wishes to interview any detained person shall. (2) A detained person shall keep his room.16. (1) Subject to the provisions of sub-regulation (2).

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

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

13 of 1994) 24. or cause to be stopped and searched. (1) Any officer or guard attached to a place of detention may examine anything carried into or out of such place. 23. (1) Any person- Prohibited articles and . or to both. or (c) wilfully interferes with any detained person. (6) The Committee shall record its visits in the minute book which shall be kept at every place of detention and enter any remarks and recommendations which it may wish to make. etc. and copies of any such remarks and recommendations shall be sent by the officer-in-charge without delay to the Commissioner. the officer-in-charge may cause such place of detention and all detained persons therein to be searched at such times as he may determine. (b) harbours or employs any detained person whom he knows to be unlawfully at large. (3) Any prohibited articles found as a result of any examination or search under the provisions of this regulation shall be dealt with under the provisions of regulation 11. any person entering or leaving such place of detention. (2) For the purpose of ensuring that prohibited articles are not being kept in any place of detention. (a) is found loitering within 91. and may stop and search. (As amended by No. 22. Any person whoOffences in respect of places and detained persons Examination of articles and search by officers. together with a report on any action taken.inform the Committee of any detained person who wishes to make a complaint.44 metres of any place of detention and who fails to depart therefrom upon being required so do to by any officer or guard of the place of detention or by a police officer. shall be guilty of an offence and liable upon conviction to a fine not exceeding one thousand five hundred penalty units or to imprisonment for a period not exceeding six months.

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

is using violence to such officer or guard or other person. fence or wall of the place of detention. break open or scale the outside door. officer or guard shall not act in a manner calculated to provoke a detained person. fence or enclosure wall of the place of detention or an inside door. or (iii) and (b) using violence to him or another officer or guard or other person. an officer-in-charge. gate fence or enclosure wall of the place of detention. gate. or (ii) is engaged in a combined break-in or in an attempt to force. an officer or guard may use a weapon againstUse of weapons by officers and guards (a) (i) a detained person who isescaping or attempting to escape. and (c) the warning given by the officer or guard is unheeded. (b) the officer or guard gives a warning that he is about to use the weapon. (2) Resort shall not be had to the use of a weapon unless(a) the officer or guard has reasonable ground to believe that he cannot otherwise prevent the escape or break-in. gate. break open or scale the outside door. . (3) An officer-in-charge. 27. a person who- (i) whilst assisting a detained person to escape.(2) Subject to the provisions of regulation 27. (ii) engaged in a combined outbreak or in an attempt to force. (1) Subject to the provisions of this regulation. officer or guard shall not strike a detained person unless he is compelled to do so in self-defence or the defence of others.

Offences (b) is disrespectful in word. 28.(3) An officer or guard shall not. act. demands from any person any article. or any other public property. sells. or demeanour to an officer-in-charge. (h) offers or uses unwarranted personal violence to any person in his custody. clothing. (4) The use of weapons in pursuance of the provisions of this regulation shall be. (m) makes or signs any false report or statement in any official . wilfully spoils or fails to report any damage to any arms. make use of a weapon as is authorised in sub-regulation (1). including any standing order issued by the Commissioner. baton or tear smoke. carriage or porterage. (e) absents himself without leave or overstays his leave or withdraws himself from duty. discloses or conveys any information concerning any investigation or matter relating to the Zambia Prison Service. (5) For the purposes of this regulation. (j) steals or unlawfully destroys any property belonging or issued to a detained person. (d) renders himself unfit for duty through drink or by the use of drugs. (i) pawns. accoutrements. in the presence of an officer-in-charge. (g) allows to escape any detained person whom it is his duty to keep or guard. (a) Any officer or guard whouses traitorous or disloyal words regarding the President. (k) without due authority. to disable and not to kill. "weapon" shall include any firearm. loses by neglect. makes away with. ammunition. officer or guard duly placed in authority over him. as far as possible. (c) disobeys or fails to comply with any lawful order. (f) neglects or refuses to assist in the apprehension of any person whom it is his duty to arrest. (l) without proper authority. except on the orders of the officer-in-charge.

he may punish the offender by(a) (b) (c) (d) admonition. 66 of 1965) 29. (1) Every officer empowered to hold an inquiry under regulation 29 Proceedings . knowing or having reasonable ground to believe that the same is false. (As amended by No. conduct. or fine not exceeding one-half of a month's pay: Provided that the imposition of a fine of or above the amount of thirty penalty units under paragraph (d) shall be subject to confirmation by the Commissioner. or wilfully suppresses any material facts. or makes or joins in making any anonymous complaint.record or document. disorder or neglect of duty to the prejudice of good order or discipline. (n) knowingly makes a false accusation against any officer-in-charge. guard or detained person. shall be guilty of an offence against discipline. extra duty not exceeding seven days. reprimand or severe reprimand. (As amended by No. (2) Where an officer conducting an inquiry into an offence against discipline is satisfied that such offence has been committed. or (p) is guilty of any other act. officer. (3) The Commissioner shall have the power to reduce or quash any sentence passed by an officer-in-charge and may at any time before it is carried out vary any punishment imposed under this regulation. (1) Alleged offences against discipline may be inquired into by the Power to punish officers and Commissioner or a senior Prisons Officer appointed by the guards Commissioner or an officer-in-charge. (o) assists or connives with any detained person in having or obtaining any prohibited article. 13 of 1994) 30.

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

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

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

21.... .. .087 g 14.. . . . .9 g 568 ml (56.. .225 g 340.. . . . .SECOND SCHEDULE (Regulations 13 and 20) NORMAL DIET Daily Issues Cereal meal (maize..... . . 2. . . . .. or bananas* (unpeeled but excluding stalk) . 567 g 113... . . .... .. .. . .. cassava meal .4 g (or equivalent powder) . . . . ...7 g 7.. . .. ..g......8 g 0. ..988 ml) 793..... . . . . . . . ...45 g) (1.. . ... coffee or tea and sugar Skim milk . ... ... .. . . bulrush millet... . ... . ... . Ground-nuts (shelled) .. ..988 ml ... . . .. . Salt .. . . .7 g 56.. ...7 g) 56..... . ... . . ..175 g . . .. . ..4 g 340. . . . . lentils or dahl Cocoa. kaffircorn or finger millet) or rice (unpolished or parboiled) .. .225 g 396. beans... .. . . . or starchy substitute (dry)........ . .. .. . .2 g 99. .. . . . (or equivalent powder) .. .. . .. and bread (wholemeal or brown) and maize meal.9 kg 99. ... . .. . and skim milk .. .. .... .. ...2 g 113. . .. ... . ..... ... .. . . . . .... .. . . .. . .. . etc.. ... ..... .... . (198... .025 kg and skim milk . . . ... . . . . e. and fresh meat or fresh fish and fat or dry fish and fat . . .. .... . .262 g Weekly Issues (or equivalent powder) (or full cream milk) . 568 ml (56... .. .. and peas... .. ..7 g) . ... .. 1. . . .

cauliflower. . . . .2 g 340... .. 85. .. ... Pumpkin and mixed fresh fruits (pawpaw.. .. 170... . †Only to be supplied when this food forms part of the habitual diet.. . . . . ... . .7 g 283......175 g or ground-nut oil or red palm oil ...8 g of fresh or canned fruit may be substituted by 28. . .. banana † guava.2 g 56. . . . .... .35 g or cassava meal or millet meal .. 0. or canned vegetables (as above) .. .9 REDUCED DIET Daily Issues Maize meal .1 g 14.. or ground-nuts..... or peas or beans or sweet potatoes Peas or beans Dripping . . ... .... .. carrots... . lemon) .. ... . .. . .. fresh peppers.. .. orange. .. . ... .087 g 28. .. ... mango. . .. . . . or dehydrated vegetables (cabbage. . kg or mixed canned fruits as above (up to 226. . .. . . . ..... 3. Salt . .9 kg 113.....544 g 21.... . .. 340. Unlimited water. . shelled . . ..4 g 0.. grandilla.. ... .. .. .. .. . . .. ... .. . . .. .. ...7 g 7. . . . .. . .9 and margarine (vitaminised) Mixed fresh vegetables (green leafy.. ..2 g . kg * Banana not to be included if already included in daily issue.. . .... ..Fat or oil . mulberry....35 g of dried fruits) .. ...9 kg . . . Fresh vegetables .225 g 0. . . . . .. .262 g 340. . . carrots) ... green beans or peas.05 g 99.. ... turnips) .... . . . .. .... .. . . . . . . 0...5 g 56. .... . . . . tomatoes. onions. . . . green beans or peas. ...

in relation to the Railways. 453 Administrator of Railways Functions of 4. sufficient locomotives. who shall be appointed by the President. These Regulations may be cited as the Preservation of Public Security (Railways) Regulations. (2) Without prejudice to the generality of the powers conferred by sub-regulation (1). means the Managing Director of Zambia Railways or such other officer of the Railways as is responsible for the operation of the Railways within Zambia or any part of Zambia. there shall be an Administrator of Railways.SECTION 3-THE PRESERVATION OF PUBLIC SECURITY (RAILWAYS) REGULATIONS Regulations by the President Statutory Instruments 230 of 1966 394 of 1966 130 of 1967 13 of 1994 1. for the purpose of maintaining communication services essential to the life of the community. (1) The Administrator may give to the Executive Officer of the Railways such directions as appear to the Administrator to be necessary Administrator or expedient for ensuring that. "Executive Officer". For the purposes of these Regulations. 2. and "Railways" means the established Railways by or under the Railways Act 3. In these Regulations. unless the context otherwise requires- Title Interpretation "Administrator" means the Administrator of Railways appointed under the provisions of regulation 3. Cap. directions given under this regulation may(a) prohibit or control the movement from Zambia to Zimbabwe of . units of rolling stock and other items of railway equipment are made available for the operational requirements of the Railways within Zambia and for operational use on railway systems other than the Railways.

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

4 AND 5-THE PRESERVATION OF PUBLIC SECURITY (AIR SERVICES) REGULATIONS Statutory Instrument 76 of 1966 Regulations by the President 1. These Regulations may be cited as the Preservation of Public Security (Air Services) Regulations. depute any functions of person or persons to exercise all or any of the functions of the Administrator Administrator under these Regulations. Title . (No. It shall be lawful for the Administrator. or (b) when required under these Regulations to furnish any information. to enter and inspect at all reasonable times and inspection and without a warrant any premises occupied by the Railways for the purpose of securing information relating to the movement of locomotives. he may require the Executive Officer of the Railways to terminate in Zambia the employment of such employee by the Railways in Zambia and the Executive Officer shall comply with such directions. Delegation of 9. by writing under his hand. if any. or (c) obstructs the Administrator or any person authorised by him in that behalf in the exercise of the powers conferred by regulation 7. on conviction. to imprisonment for a period not exceeding three years. furnishes information which is false in any particular. and thereupon any person so deputed shall have and may exercise such functions accordingly. notwithstanding the provisions of any written law or agreement to the contrary. The Administrator may. or any person authorised by Powers of entry him in writing in that behalf. Any person whoOffences and penalties (a) contravenes or fails to comply with any directions given under these Regulations with which it is his duty to comply. shall be guilty of an offence and shall be liable. SECTIONS 3. as he may specify. subject to such conditions. 130 of 1967) directions concerning dismissal of employees 7. 8. rolling stock and other railway equipment.good running of the Railways in Zambia. but no such delegation shall affect or impair the power of the Administrator to act himself under these Regulations.

of the Act in relation to matters referred to a tribunal by the Minister shall. mutatis mutandis. if the Minister so directs. In these Regulations. whether or not such person holds a permit issued under and in accordance with the provisions of the Act.2. or without permit 4. . unless the context otherwise requires- Interpretation Cap. both inclusive. mutatis mutandis. "permit" means a permit issued by the Minister under these Regulations authorising the holder thereof to provide an air service to. such of the provisions of section six and seven of the Act as the Minister may specify. "air service" shall have the meaning assigned thereto in section two of the Act. (3) If the Minister wishes to refer an application under and in accordance with the provisions of sub-regulation (1) to a tribunal. the provisions of sections nine to twelve. from or within Zambia. apply. renewal. 446 "the Act" means the Air Services Act. apply in relation to an application under and in accordance with sub-regulation (1). No air service to be provided otherwise than in accordance with the conditions of a permit. no person shall provide an air service to. (2) The provisions of subsections (2) and (3) of section five of the Act and. (1) An application for the issue. from or within Zambia(a) (b) whilst the permit authorising the provision of the air service is suspended. 3. Notwithstanding the provisions of the Act. shall. "Minister" means the Minister responsible for transport. transfer or amendment of a Application for permit shall be made to the Minister in such manner as the Minister may permit direct.

he may suspend the application of the Act in respect of the holder of such permit. and include such conditions to a permit as he thinks necessary or expedient. on conviction. the fee that would have been payable under the provisions of section twenty of the Act. suspend. 5. revoke. or the terms and conditions of a permit. (1) The Minister may. 6. (a) (b) A person who contravenes or fails to comply withthe provisions of these Regulations.(4) Where the Minister(a) has directed under the provisions of sub-regulation (2) that any of the provisions of sections six and seven of the Act shall apply in relation to any application. had the application been made under the Act. Offences Rejection of application shall be guilty of an offence and shall be liable. or (b) wishes to refer the application to a tribunal under the provisions of sub-regulation (3). shall be payable. 4 AND 5-THE PRESERVATION OF PUBLIC SECURITY (CONTROL OF WATERWAYS) Statutory Instrument 325 of 1967 . (2) Where the Minister has granted a permit to any person. 7. the permit shall be treated as being permit in force until the holder is notified in writing on behalf of the Minister that the Minister has refused his application or has renewed the permit. 13 of 1994) SECTIONS 3. with or without the recommendation of a tribunal. transfer. (As amended by Act No. renew or vary a permit. reject an application made under and in accordance with the provisions of sub-regulation (1) of regulation 4 or grant. to a fine not exceeding fifteen thousand penalty units or to imprisonment for a period not exceeding two years. If a holder of a permit applies for the renewal of the permit before Renewal of the lapse of the period of its validity. whether or not application therefor has been made. or to both.

2. The President may. immigration officer. unless the context otherwise requires- Title Interpretation "authorised officer" means any police officer. (c) the days or times of day during which the vessel may be used within the restricted waterway. declare any waterway or any Declaration of part of a waterway to be a restricted waterway. lake or dam. "restricted waterway" means a waterway declared under regulation 3 to be a restricted waterway. In these Regulations. Save in accordance with a movement permit or in the charge of a public officer acting in the course of his duties. customs officer or any member of the Defence Force when acting in aid of the civil power. "vessel" includes every description of water craft used or capable of being used as a means of transportation on water. it shall be unlawful for any vessel to enter into or to move within a restricted waterway. and "waterway" includes any river. 3. "movement permit" means a permit issued under regulation 5. and .REGULATIONS Regulations by the President Act No. These Regulations may be cited as the Preservation of Public Security (Control of Waterways) Regulations. (b) the purpose for which the vessel may be used within the restricted waterway. by statutory order. 13 of 1994 1. restricted waterways 4. An authorised officer may issue a movement permit in the form set Movement out in the Schedule to any person in respect of any vessel and may permits endorse on the permit such conditions as he thinks fit as to(a) the period of its validity. Restriction of movement of vessels 5. stream.

the proof whereof shall be upon him. without reasonable excuse. any evidence relevant to an offence. shall be guilty of an offence and liable. to a fine not exceeding fifteen thousand penalty units or to imprisonment for a period not exceeding two years. . (1) An authorised officer may without warrant arrest any person who Powers of arrest he reasonably suspects has committed an offence contrary to regulation and seizure 7. or to both. Investigation by authorised officers (b) board any vessel within a restricted waterway for the purpose of making inquiries as to the use or presence of the vessel within the restricted waterway. (c) demand of the person in charge of any vessel within a restricted waterway the production of a movement permit. or to both. 6. shall be guilty of an offence and liable on conviction to a fine not exceeding seven hundred and fifty penalty units or to imprisonment for a period not exceeding three months. Offences and penalties 7. on conviction. (As amended by No. (a) An authorised officer may at any timestop a vessel in motion within a restricted waterway. 13 of 1994) 8.(d) the area of the restricted waterway which the vessel may enter or within which it may move. (d) without warrant. or of any condition attached to a movement permit. fails or refuses to comply with a request or signal made by an authorised officer by virtue of the powers conferred upon him by regulation 6 to such person to stop his vessel. search any vessel within a restricted waterway which he reasonably suspects may contain(i) or (ii) any person who has committed or is about to commit an offence. (1) The person in charge of any vessel which enters into or moves within a restricted waterway in contravention of regulation 4. (2) Any person who.

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

........................ 2..............to *introduce into/use (date of expiry of permit) within the area of ............................................................................................................ OFFICIAL DATE STAMP ....... .......... ............................................................ ........................ ..................................................... permission is hereby granted to ..... (Purposes for which vessel may be used) ....... .................. restricted waterway the vessel.... until.... ............................. ...................................................... (Days or hours during which vessel may be used) . .................................................................................................................. and to the special conditions set out below.................................. 3.. (description of vessel) ....................... SPECIAL CONDITIONS 1.................. (Limitations on area of restricted waterway in which vessel may be used) . (Regulation 5) MOVEMENT PERMIT Subject to the provisions of the Preservation of Public Security (Control of Waterways) Regulations......SCHEDULE REPUBLIC OF ZAMBIA PRESERVATION OF PUBLIC SECURITY (CONTROL OF WATERWAYS) REGULATIONS......

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

the following Regulations are hereby made: 1. 2. unless the context otherwise requires"authorised officer" means any police officer. (2) The provisions of sub-regulations (1) shall not apply to a vessel in charge of a public officer acting in the course of his duties. lake or dam. it shall be unlawful for any vessel to enter into or to move within a prohibited waterway. "vessel" includes every description of water craft used or capable of being used as a means of transportation on water. 4 AND 5-THE PRESERVATION OF PUBLIC SECURITY (PROHIBITED WATERWAYS) REGULATIONS Regulations by the President IN EXERCISE of the powers conferred upon the President by sections three. stream. immigration officer. (1) Subject to the provisions of sub-regulation (2). These Regulations may be cited as the Preservation of Public Security (Prohibited Waterways) Regulations. In these Regulations. four and five of the Preservation of Public Security Act. Statutory Instrument 200 of 1972 Title Interpretation Declaration of prohibited waterways Prohibition of movement of vessels 4. 1972. or customs officer or any member of the Defence Force when acting in aid of the civil power. . The President may by order declare any waterway or any part of a waterway to be a prohibited waterway. "prohibited waterway" means a waterway declared under regulation 3 to be a prohibited waterway. "waterway" includes any river.SECTIONS 3. 3.

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

This Order may be cited as the Kariba Restricted Waterway Order.(As amended by No. Declaration of restricted waterway . Title 2. The waterway described in the Schedule is hereby declared to be a restricted waterway. 13 of 1994) of Public Security (Control of Waterways) Regulations Statutory Instrument 273 of 1968 REGULATION 3 OF THE PRESERVATION OF PUBLIC SECURITY (CONTROL OF WATERWAYS) REGULATIONS-THE KARIBA RESTRICTED WATERWAY ORDER Order by the President 1.

T.480 metres to a point at latitude 17 degrees 13.485.9248 metres for a distance of approximately 3.R. thence in a straight line on an approximate true bearing of 259 degrees 1.287.007.7856 metres East.8768 metres for a distance of approximately 30.8288 metres for a distance of approximately 11.048 metres for a distance of approximately 7.8 metres to a point at latitude 17 degrees 7.833. thence in a straight line on an approximate true bearing of 185 degrees 13.9972 metres East.5852 metres South and longitude 27 degrees 10.8 metres to a point at latitude 16 degrees 9.3284 metres South and longitude 28 degrees 12.62 metres for a distance of approximately 3. thence in a straight line on an approximate true bearing of 245 degrees 13.44 metres to a point at latitude 17 degrees 5.8872 metres for a distance of approximately 38.5476 metres East.4864 metres for a distance of approximately 31.5832 metres South and longitude 27 degrees 12.176 metres South and longitude 27 degrees 6.0904 metres East.0584 metres East.352.12 metres to a point of latitude 17 degrees 16.494 metres South and longitude 27 degrees 2.0452 metres East: thence in a straight line on an approximate true bearing of 218 degrees 4.8176 metres East. thence in a straight line on an approximate true bearing of 229 degrees 0. thence in a straight line on an approximate true bearing of 221 degrees 1.0612 metres South and longitude 27 degrees 11.120.1356 metres South and longitude 27 degrees 16.338.4112 metres for a distance of approximately 9.291.08 metres to a point at latitude 17 degrees 11.6 metres to a point at latitude 17 degrees 8.56 metres to a point at latitude 16 degrees 11.448.84 metres to a point of latitude 17 degrees 15.3896 metres . thence in a straight line on an approximate true bearing of 247 degrees 27.039.524 metres East.4592 metres South and longitude 27 degrees 1.SCHEDULE (Paragraph 2) KARIBA RESTRICTED WATERWAY All that area of Lake Kariba which lies within Zambia and to the east of the Kariba dam wall marked by a brass stud numbered N. thence in a straight line on an approximate true bearing of 214 degrees 11.36 metres to a point at latitude 17 degrees 18.94 centimetres for a distance of approximately 44.08 metres East.2052 metres East. thence in a straight line on an approximate true bearing of 166 degrees 7.4112 metres for a distance of approximately 35.84 metres to a point at latitude 16 degrees 15.4544 metres East. thence in a straight line on an approximate true bearing of 232 degrees 5.1732 metres East.9568 metres South and approximate longitude 28 degrees 13.44 metres to a point at latitude 16 degrees 13.844. the boundary follows a straight line on an approximate true bearing of 211 degrees 7.8552 metres South and longitude 28 degrees 14. thence in a straight line on an approximate true bearing of 226 degrees 15.0048 metres South and longitude 27 degrees 3.4432 metres South and longitude 20 degrees 2.8288 metres for a distance of approximately 12. thence in a straight line on an approximate true bearing of 214 degrees 3./T.48 metres to a point at latitude 16 degrees 18.9144 metres for a distance of approximately 17.5448 metres for a distance of approximately 10.153 at approximate latitude 16 degrees 9.6144 metres South and longitude 28 degrees 5.6924 metres East.191.

2 metres to a point at approximately latitude 17 degrees 17.9728 metres for a distance of approximately 2. thence follows the shore line in general north-easterly and easterly direction to the Kariba dam wall.T. .743.3048 metres East on the medium filum of the Zambezi River.3716 metres East.South and longitude 27 degrees 1. thence along this dam wall to a brass stud on the dam wall numbered N.153 which is the point of starting./T. thence in a northerly direction to the Northern shore of Lake Kariba. thence in a straight line on an approximate true bearing of 282 degrees 10.8816 metres South and approximate longitude 27 degrees 0.R.

4 AND 5-THE PRESERVATION OF PUBLIC SECURITY (EMPOYERS AND EMPLOYEES) REGULATIONS Regulations by the President Statutory Instrument 175 of 1968 Act No. These Regulations may be cited as the Preservation of Public Security (Employers and Employees) Regulations. upon conviction. In these Regulations. subject to such conditions as the Minister may therein provide. no specified employer shall terminate the employment of any person employed by him at the commencement of such order save in accordance with the provisions thereof. During any period when an order under regulation 3 is in force. unless the context otherwise requires- Title Interpretation "Minister" means the Minister responsible for labour. 4 AND 5-THE PRESERVATION OF PUBLIC SECURITY (MOVEMENT OF VEHICLES) Statutory Instrument 231 of 1966 . 4. 13 of 1994 1. (As amended by Act No. Any specified employer who fails to comply with the provisions of Offence regulation 4 shall be guilty of an offence and shall be liable. (2) An order made under this regulation may contain such incidental or supplementary provisions as appear to the Minister to be necessary or expedient for the purpose of such order. or all persons. (1) The Minister may. 2.SECTIONS 3. employed by him at the commencement of the order. 13 of 1994) SECTIONS 3. "specified employer" means an employer engaged in an industry specified in the order under regulation 3. in his employment any person or class or classes of persons. Restriction on dismissals by specified employer Minister may order employers in specified industries to retain employees 5. to a fine not exceeding fifteen thousand penalty units. require any employer engaged in any industry specified in the order to retain. by statutory order. 3.

Cap. (1) Where the Commissioner-General is of opinion that the export of any goods is not lawful. and includes any person authorised by him to give directions under this regulation. (2) Any person who fails to comply with a direction given by the Commissioner-General shall be guilty of an offence and liable. These Regulations may be cited as the Preservation of Public Security (Movement of Vehicles) Regulations. he may direct the person in charge Commissioner-General or having control of any vehicle being used in the exportation of such goods to remove the vehicle and the goods to such place as he may specify. 321 Statutory Instrument 199 of 1971 121 of 1988 11 of 1989 . to a term of imprisonment not exeeding two years. or other conveyance of any kind. lorry. and "vehicle" means any train. 5 AND 6-THE PRESERVATION OF PUBLIC SECURITY (MAINTENANCE OF SUPPLIES) REGULATIONS Cap. except a ship or aircraft. 322 (4) The powers conferred on the Commissioner-General shall be in addition to and not in derogation of the powers conferred on him by the Customs and Excise Act. the reasonable cost of complying with any direction given by him shall be borne by the consignor of the goods concerned and may be recovered accordingly from the consignor by the person complying with the direction. cart. on conviction. van.REGULATIONS Regulations by the President 1. (3) Unless the Commissioner-General otherwise directs. motor car. SECTIONS 3. (5) For the purposes of this regulation"Commissioner-General" means the person appointed Commissioner-General under the Zambia Revenue Authority Act. Title Powers of 2.

No. fruit. This Order may be cited as the Preservation of Public Security (Necessary Services) (Declaration) Order. vegetable.Regulations by the President 1. (2) While these Regulations are in force any person may use or cause or permit to be used on a road any vehicle as a public service vehicle for the carriage of agricultural produce and the carriage of any person bona fide in charge of and accompanying agricultural produce without there being in force in relation to such vehicle a road service licence authorising such use. (1) In this regulation- Use of vehicles "agricultural produce" means any animal. 464 expression in the Roads and Road Traffic Act. Title Application 3. These Regulations may be cited as the Preservation of Public Security (Maintenance of Supplies) Regulations. (3) The operation of Part X of the Roads and Road Traffic Act is suspended in its application to any such vehicle as is mentioned in sub-regulation (2). 464 1.I. dairy for carriage of product or any other thing whatsoever produced in Zambia in the course agricultural produce of agriculture for the purpose of human or animal consumption. 2. These Regulations shall apply throughout Zambia. 11 of 1989) THE PRESERVATION OF PUBLIC SECURITY (NECESSARY SERVICES) (DECLARATION) ORDER Order by the President Statutory Instrument 241 of 1970 35 of 1985 Cap. Cap. "road service licence" means a road service licence granted under section one hundred and fifty-two of the Roads and Road Traffic Act. 464 "public service vehicle" has the same meaning as is assigned to that Cap. grain. Title . (As amended by S.

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

or in default of agreement. 4. to use all the resources of his undertaking (including President staff) for the purpose solely to mill maize for the Republic. (1) The President may.SCHEDULE The Teaching Service of the Government All financial Institutions in the Republic SECTION 3-THE PRESERVATION OF PUBLIC SECURITY (MILLING OF MAIZE) REGULATIONS Statutory Instrument 214 of 1986 Regulations by the President 1. other than a dispute as to the applicable rate or the amount to be paid. may institute proceedings in the High Court for the determination of such dispute. (2) Where any dispute arises as to the applicable rate or the amount to Cap. Compensation 3. 180 . Powers of until further notice. by notice under his hand. the Attorney-General or any person affected by the exercise of such powers. Title 2. (2) The President may. such miller or undertaking shall be to be paid paid at such rates as may be agreed. delegate to any person any function under these Regulations other than those referred to in sub-regulation (1). (1) If within four weeks from the exercise in respect of any miller or Disputes undertaking of the powers contained in regulation 2 (1) there remains outstanding any dispute relating to or in connection with such exercise of powers. by writing under his hand. Where the powers contained in regulation 2 (1) are exercised in respect of any miller or undertaking. as may be determined in accordance with these Regulations. These Regulations may be cited as the Preservation of Public Security (Milling of Maize) Regulations. require any miller.

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

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

R. thence in a straight line on an approximate true bearing of 226 .291.007. the boundary follows a straight line on an approximate true bearing of 221 degrees 26 minutes for a distance of approximately 3.8 meters to a point at latitude 16 degrees 32 minuts 40 seconds South and longitude 28 degrees 44 minutes 30 seconds East. thence in a straight line on a an approximate true bearing of 259 degrees 6 minutes for a distance of approximately 11.153 at approximate latitude 16 degrees 31 minutes 20 seconds South and approximate longitude 28 degrees 45 minutes 40 seconds East.352.T. thence in a straight line on an approximate true bearing of 214 degrees 39 minutes for a distance of approximately 38.08 metres to a point at latitude 17 degrees 35 minutes 20 seconds South and longitude 27 degrees 19 minutes 10 seconds East.844.44 metres to a point at latitude 17 degrees 14 minutes 40 seconds South and longitude 27 degrees 37 minutes 50 seconds East.48 metres to a point at latitude 16 degrees 57 minutes 30 seconds South and longitude 27 degrees 49 minutes 50 seconds East.8 metress to a point at latitude 17 degrees 19 minutes 50 seconds South and longitude 27 degrees 37 minutes 20 seconds East. thence in a straight line on an approximate true bearing of 185 degrees 44 minutes for a distance of approximately 9.84 metres to a point at latitude 16 degrees 49 minutes 20 seconds South and longitude 20 degrees 8 minutes 10 seconds East. thence in a straight line on an approximate true bearing of 245 degrees 44 minutes for a distance of approximately 35.6 metres to a point at latitude 17 degrees 24 minutes 50 seconds South and longitude 27 degrees 33 minutes 00 seconds East.56 metres to a point of latitude 16 degrees 33 minuts 50 seconds South and longitude 28 degrees 38 minutes 20 seconds East. thence in a straight line on an approximate true bearing of 247 degrees 11 minutes for a distance of approximately 44. thence in a straight line on an approximate true bearing of 229 degres 3 minutes for a distance of approximately 17. thence in a straight line on an approximate true bearing of 166 degrees 25 minutes for a distance of approximately 3.338.120./T.480 metres to a point at latitude 17 degrees 48 minutes 20 seconds South and longitude 27 degrees 08 minutes 40 seconds East.44 metres to a point at latitude 16 degrees 43 minutes 20 seconds South and longitude 28 degrees 15 minutes 20 seconds East.191.039. thence in a straight line on an approximate true bearing of 218 degrees 16 minutes for a distance of approximately 30. thence in a straight line on an approxmate true bearing of 232 degrees 18 minutes for a distance of approximately 31.SCHEDULE (Paragraph 2) PART I KARIBA PROHIBITED WATERWAY All that area of Lake Kariba which lies within Zambia and to the east of the Kariba dam wall marked by a brass stud numbered N.84 metres to a point at latitude 17 degrees 50 minutes 10 seconds South and longitude 27 degrees 09 minutes 10 seconds East.287. thence in a straight line on an approximate true bearing of 221 degrees 6 seconds for a distance of approximately 12.448.

thence follows the shore line in general north-easterly and easterly direction to the Kariba dam wall./T. thence in a notherly direction to the Northern shore of Lake Kariba.degrees 51 minutes for a distance of approximately 10.153 which is the point of starting.833. thence along this dam wall to a brass stud on the dam wall numbered N. .743.T.12 metres to a point at latitude 17 degrees 54 minutes 00 seconds South and longitude 27 degrees 05 minutes 00 seconds East.36 metres to a point at latitude 17 degrees 57 minutes 40 seconds South and longitude 27 degrees 02 minutes 30 seconds East.2 metres to a point at approximately latitude 17 degrees 57 minutes 20 seconds South and approximate longitude 27 degrees 01 minutes 00 seconds East on the medium filum of the Zambezi River.R. thence in a straight line on an approximate true bearing of 214 degrees 10 minutes for a distance of approximately 7.485. PART II ZAMBEZI PROHIBITED WATERWAY All such area of the Zambezi River as lies within Zambia and is situated directly opposite to the bank of the said River lying outside Zambia. thence in a straight line on an approximate true bearing of 282 degrees 36 minutes for a distance of approximately 2.

6. 3.CHAPTER 113 THE PUBLIC ORDER ACT ARRANGEMENT OF SECTIONS Section 1. 12. 14. 7. public meetings and processions Penalty for disobeying a direction or violating conditions of permit issued under section 5 Unauthorised assemblies Exemptions National anthem to be played at public meetings Prohibition of weapons at public meetings and processions Prohibition of offensive conduct conducive to breaches of peace Powers for preservation of public order in respect of public meetings and processions Penalty for making statements or doing acts intended to promote hostility between sections of community Penalty for inciting to strike in certain circumstances Enforcement CHAPTER 113 PUBLIC ORDER An Act to prohibit the wearing of uniforms in connection with political objects and the maintenance by private persons of associations of 38 of 1955 17 of 1956 10 of 1959 28 of 1959 51 of 1960 . Short title Interpretation Prohibition of uniforms and flags in connection with political objects Prohibition of quasi-military organisations Regulation of assemblies. 2. 11. 5. 9. 15. 10. 8. 13. 4.

"uniform" includes any article of clothing.I. In this Act. square. street. S. No. No. any person who in any public Interpretation Prohibition of .N. and to make further provision for the preservation of public order. G. and any place. market place. (1) Subject as hereinafter provided. to which the public are for the time being entitled or permitted to have access either without any condition or upon the condition of making any payment. 66 of 1965. 230 of 1964. bridge or other way which is lawfully used by the public. 25 of 1969 and No. "public meeting" includes any meeting in a public place and any meeting (whether or not in a building) which the public or any section thereof are permitted to attend. No. [19th August. This Act may be cited as the Public Order Act. 51 of 1970) 3. "public procession" means a procession in a public place.military or similar character. 1955] 19 of 1965 69 of 1965 10 of 1967 25 of 1969 51 of 1970 24 of 1977 28 of 1985 13 of 1994 36 of 1996 Government Notices 230 of 1964 497 of 1964 Statutory Instruments 8 of 1965 66 of 1965 Short title 1. whether on payment or otherwise. road. including a building. unless the context otherwise requires"meeting" means a meeting held for the purpose of the discussion of matters of public interest or for the purpose of the expression of views on such matters. 2. "public place" includes any highway. 10 of 1959. (As amended by No.

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

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

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

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

magistrate or any District Messenger may stop any procession for which no permit has been issued under this section or which. No. (8) Any police officer. and (e) any other matter designed to preserve public peace and order. 51 of 1960.I. (No. the burden of proving that the said public meeting was convened by or at the request of and was intended to be addressed by the President or the Vice-President or any Minister or Junior Minister or the Speaker or Deputy Speaker of the National Assembly shall lie on the accused. if such a permit has been issued. S. to disperse. No. 51 of 1970. 10 of 1959 as amended by No. No. (6) The provisions of subsections (4) and (5) shall not apply to any public meeting convened by or at the request of and intended to be addressed by the President. 10 of 1967. if such a permit has been issued. 24 of 1977. contravenes or fails to be convened in a public place without such a permit or which. No. contravenes or fails to comply with any condition of such permit. 69 of 1965.(c) in the case of an assembly or public meeting the persons who may or may not be permitted to address such assembly or public meeting and the matters which may not be discussed at such assembly or public meeting. the Vice-President or any Minister or Junior Minister or the Speaker or Deputy Speaker of the National Assembly. No. 28 of 1985 and 36 of 1996) . if such a permit has been issued. or which contravenes or fails to comply with the provisions of subsection (1) of section nine. 8 of 1965. 28 of 1959. No. (d) the granting of adequate facilities for the recording of the proceedings of such assembly or public meeting in such manner and by such person or class of person as the regulating officer may specify: Provided that such conditions may not require the convener of the assembly or public meeting to provide equipment. and may order any such procession or any assembly or public meeting for which a permit is required and which has been convened in a public place without such a permit or which. No. (7) Where in any proceedings against a person for an offence against section seven it is necessary so to prove. contravenes or fails to comply with any conditions specified therein. No. 19 of 1965.

meeting or procession for which no permit has been issued. or to both.I. 66 of 1965 and No. Penalty for (a) opposes or disobeys any direction issued under sub-section (3) disobeying a direction or of section five. or (b) in which three or more persons taking part neglect or refuse to obey any direction or order given under subsection (3) or (7) of section five.N. calling or directing such assembly. Any assembly. and all persons taking part in such assembly. meeting or procession and. 230 of 1964. 10 of 1959 as amended by No. permit issued under section 5 shall be guilty of an offence and may be arrested without warrant. 10 of 1959 as amended by G. No. (1) The Minister may in his discretion exempt by order in writing any religious organisation from all or any of the provisions of sections five. meeting or processionUnauthorised assemblies Any person who knowingly- (a) for which a permit is required under subsection (4) of section five and which takes place without the issue of such permit. meeting or procession may be arrested without a warrant and shall on conviction be liable to a fine not exceeding one thousand five hundred penalty units or to imprisonment for a period not exceeding six months. (2) Any exemption given under the provisions of subsection (1) may be applied by the Minister either to the religious organisation generally in Zambia or to individual branches of such religious organisation operating within Zambia. 10 of 1967 and Act No. in the case of an assembly. 10 of 1959) 7. 10 of 1967) Exemptions . (No. (No. all persons taking part in convening. S. shall be deemed to be an unauthorised assembly. No. seven and nine. (No.6. 13 of 1994) 8. or violating (b) violates any condition of a permit issued under subsection (4) of conditions of section five. (3) Any exemption given under the provisions of this section may be made subject to such conditions as the Minister may impose and may at any time be varied or revoked by the Minister by order in writing.

(1) If at any time the Minister is of opinion that. Any person who in any public place or at any public meeting uses threatening. (1) The official national anthem shall be played or sung at the commencement of the business of every public meeting. conducts or addresses any public meeting at which the official national anthem has not been played or sung pursuant to subsection (1) shall be guilty of an offence. "at the commencement of business" means the time when such public meeting is called to order. has with him any lethal weapon. (No. while present at any public meeting or on the occasion of any public procession. as the case may be. (1) Any person who. the powers conferred by any other written law will not be sufficient to enable the police to prevent serious public disorder being occasioned by the holding of public processions or public meetings in Zambia or any part thereof. 10 of 1967) 10. or declared open. who convenes. (3) For the purposes of this section. otherwise than in pursuance of lawful authority. by reason of particular circumstances existing in Zambia or in any part thereof. or as a special constable. by statutory order published in the Gazette and in . presides at. a person shall not be deemed to be acting in pursuance of lawful authority unless he is acting in his capacity as a public officer. 66 of 1965) 11. he may. or as a member of a fire brigade. abusive or insulting words with intent to provoke a breach of the peace or whereby a breach of the peace is likely to be occasioned. No. Prohibition of offensive conduct conducive to breaches of peace Powers for preservation of public order in respect of public meetings and processions Prohibition of weapons at public meetings and processions 12.I. shall be guilty of an offence. National anthem to be played at public meetings (2) Any person. (2) For the purposes of this section. (As amended by S.9. shall be guilty of an offence.

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

or to both. 66 of 1965) 14. 10 of 1959 and Act No. commands. (3) A police officer may without warrant arrest any person reasonably suspected by him to be committing an offence against section three. or. or to both. eleven or twelve.(3) Any person acting in contravention of any order made in terms of subsection (2) shall be guilty of an offence against this section and may be removed by warrant under the hand of the Minister from the place where such order prohibits him from being. encourages. 269 PUBLIC ORDER SECTION 8-THE RELIGIOUS ORGANISATIONS (EXEMPTIONS) ORDER Order by the Minister Statutory Instruments 448 of 1967 330 of 1968 . 13 of 1994) SUBSIDIARY LEGISLATION Penalty for inciting to strike in certain circumstances. (1) Any person who commits an offence against section four shall Enforcement be liable on summary conviction to imprisonment for six months or to a fine of three thousand penalty units or to both such imprisonment and fine. incites.I. No. to imprisonment for two years or to a fine of fifteen thousand penalty units. 17 of 1956) 15. (As amended by S. Cap. ten. aids or procures any other person to break any contract of a kind specified in section fifty-two or fifty-three of the Industrial and Labour Relations Act when the probable consequences of the breach would be of a nature specified in those sections. on conviction by the High Court. shall be guilty of an offence. Any person who wilfully and maliciously advises. (As amended by No. (2) Any person guilty of any offence against the provisions of this Act in respect of which no other penalty has been provided shall be liable to imprisonment for three months or to a fine of one thousand five hundred penalty units. (As amended by No.

seven and nine of the Act. 2.1. Title Exemption of religious organisations . Religious organisations mentioned in the Schedule shall be exempted from all the provisions of sections five. This Order may be cited as the Religious Organisations (Exemptions) Order. subject to the following condition: This exemption is valid in respect of meetings and assemblies of a purely religious nature.

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

CHAPTER 114 THE TRADING WITH THE ENEMY ACT ARRANGEMENT OF SECTIONS PART I PRELIMINARY Section 1. 5. ENEMY AND MATTERS Penalties for trading with the enemy Definition of "enemy" Inspection and supervision of businesses Power to control and wind up certain businesses 7. 10. Transfer of negotiable instruments and choses in action by enemies 8. 4. Short title and commencement Interpretation PART II TRADING WITH THE RELATING THERETO 3. Collection of enemy debts and custody of enemy property . 2. 9. matter Transfer and allotment of securities Purchase of enemy currency Power of Postmaster-General to confiscate and cancel postal PART III PROPERTY OF ENEMIES AND ENEMY SUBJECTS 11. 6.

to make provision as respects the property of enemies and enemy subjects. 16. by virtue of this subsection. Provisions as to Custodian False statements and obstruction Offences by corporations Evidence of authority or sanction of the President Saving of rights of the State 29 of 1939 34 of 1947 13 of 1994 Government Notice 497 of 1964 Statutory Instrument 5 of 1965 CHAPTER 114 TRADING WITH THE ENEMY An Act to impose penalties for trading with the enemy. be liable to any penalty in respect of anything done by him before the date of the publication of this Act in the Gazette which. (1) This Act may be cited as the Trading with the Enemy Act. would not have been unlawful in common law. 15. 14. 13. and to provide for purposes connected with the matters aforesaid.12. [3rd September. Short title and commencement (2) This Act shall be deemed to have come into operation on the 3rd September. (1) In this Act. 1939] PART I PRELIMINARY 1. 2. 1939: Provided that a person shall not. if it had been done in England. unless the context otherwise requires"enemy subject" meansInterpretation .

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

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

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

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

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

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

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

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

the transferee or allottee shall not. or a court of a State at war with the Republic. would be due in respect of the claim. or (b) any such securities. have any rights or remedies in respect of the securities.Provided that in any proceedings for an offence of trading with the enemy which are taken by virtue of this subsection. it shall be a defence for the defendant to prove that at the time when he purported to discharge the liability in question he had reasonable grounds for believing that the liability was enforceable against him by order of a competent court. 388 the meaning of the Companies Act. and would be enforced against him by such an order. (5) Nothing in this section shall apply to securities to which the next following section applies. stock certificates or bonds. by virtue of the transfer or allotment. (As amended by S. 5 of 1965) 8.I. (1) IfTransfer and allotment of securities (a) any securities to which this section applies are transferred by or on behalf of an enemy. (2) No share warrants. an enemy subject without the consent of the President. being warrants. are allotted or transferred to. then. any such transfer except under the authority of the President. he would be thereby committing an offence of trading with the enemy. or otherwise act upon. and no body corporate by whom the securities were issued or are managed shall take any cognizance of. . but for the provisions of subsection (1). and thereupon that sum shall. being securities issued by a company within Cap. (4) Where a claim in respect of a negotiable instrument or chose in action is made against any person who has reasonable cause to believe that. if he satisfied the claim. except with the sanction of the President. or for the benefit of. be dealt with according to any order of the Court. and the payment shall for all purposes be a good discharge to that person. not being either a court having jurisdiction in the Republic. that person may pay into the High Court any sum which. subject to rules of court. No.

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

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

to which any order under this section applies. or to both. he shall not be liable to any action or other legal proceeding by reason only of such compliance. neither the payment. and who was believed by the Custodian to be an enemy or an enemy subject. the certificate shall be evidence of the facts stated therein. (5) If any person pays any debt. or (ii) some person who was so interested. (b) any property. or (c) a direction is given to any person by the Custodian in relation to any property which appears to the Custodian to be property to which the order applies. (4) Any order under this section shall have effect notwithstanding anything in any Act passed before this Act. and the payment or dealing shall be void. had died or had ceased to be an enemy or an enemy subject. or the right to transfer any property. and if that person complies with the requirement or direction. was not an enemy or an enemy subject. is vested in the Custodian. and who was an enemy or an enemy subject. he shall be liable on conviction by a magistrate holding a subordinate court of the first class to imprisonment for a term not exceeding six months or to a fine not exceeding three thousand penalty units. or deals with any property. otherwise than in accordance with the provisions of the order. vesting or direction nor any proceedings in consequence thereof shall be invalidated or affected by reason only that at a material time(i) some person who was or might have been interested in the money or property. . (3) Where. in pursuance of an order made under this section(a) any money is paid to the Custodian.(2) Where any requirement or direction with respect to any money or property is addressed to any person by the Custodian and accompanied by a certificate of the Custodian that it is money or property to which an order under this section applies.

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

sanction under this Act. (As amended by S. manager. SUBSIDIARY LEGISLATION Evidence of authority or sanction of the President Saving of rights of the State TRADING WITH THE ENEMY Cap. or corporations to have been attributable to any neglect on the part of. Any document stating that any authority or sanction is given under any of the provisions of this Act by the President and purporting to be signed on behalf of the President by the Minister shall be evidence of the fact stated in the document. he. and shall be liable to be proceeded against and punished accordingly. No. or to both. secretary or other officer of the body corporate. as well as the body corporate. Where any offence under this Act committed by a body corporate Offences by is proved to have been committed with the consent or connivance of. 15. 13 of 1994) 14. (As amended by Act No. This Act shall be without prejudice to the exercise of any right or prerogative of the State. (2) Every person who wilfully obstructs any person in the exercise of any powers conferred on him by or under this Act shall be liable on conviction by a magistrate holding a subordinate court of the first class to a fine not exceeding one thousand five hundred penalty units. shall be deemed to be guilty of that offence. any director. 5 of 1965) 16. he shall be liable on conviction by a magistrate holding a subordinate court of the first class to imprisonment for a term not exceeding six months or to a fine not exceeding three thousand penalty units.I. knowingly or recklessly obstruction makes a statement which is false in a material particular. or in giving any information for the purposes of statements and this Act or of any order made thereunder. 114 Government Notices 91 of 1940 171 of 1940 191 of 1941 154 of 1948 497 of 1964 Statutory Instrument .

syndicate or other mercantile enterprise or adventure. (2) Without prejudice to the generality of sub-paragraph (1). be so payable.5 of 1965 SECTION 11-THE CUSTODIAN OF ENEMY PROPERTY ORDER 1. issued by any company or government. stock. This Order may be cited as the Custodian of Enemy Property Order. debenture stock. by way of(a) dividends. whether on deposit or current account or whether held in trust or in custody for or for the benefit of an enemy. . or any municipal or other authority. (g) rent or other payment reserved out of or payable in respect of freehold or leasehold property or any interest in land. but for the existence of a state of war. be payable to or for the benefit of a person who is an enemy. Money to be paid to Custodian be payable to or for the benefit of a person who is an enemy. shall be paid to the Custodian. bonus or interest. but for the existence of a state of war. including money in the possession of any bankers. (f) money due under or in respect of any policy of assurance. (c) interest or other payment in respect of any loan or deposit whether secured or unsecured. bonds or other securities. there shall be paid to the Custodian in particular any money which would. (1) Any money which would. (e) debt. (b) payment of any securities which have become payable on maturity or by being drawn for payment or otherwise. Title 2. in respect of any shares. (d) profits or share of profits in any business. debentures. and any money which is to be deemed for the purposes of the Act to be money which would. but for the existence of a state of war.

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

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

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

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

stock or securities which he is empowered to transfer by a Vesting Order. stock or securities are registered shall. The fees in respect of such property may be retained out of any proceeds of the sale or transfer thereof or out of any income accrued therefrom. register the shares.(2) Where the Custodian executes a transfer of any shares. SECTION 11-THE TRADING WITH THE ENEMY (INSOLVENCY) ORDER Government Notices 232 of 1940 497 of 1964 Prescribed fees 1. There shall be retained by the Custodian in respect of his general administrative expenses fees equal to 5 per centum of(a) the amount of moneys paid to him. 2. "property" and "prescribed" have the same meanings as those assigned to them in section eleven of the Act. In this Order. 9. and references to "the Custodian" shall be construed as references to the Custodian of Enemy Property for the Republic from time to time. but such registration shall be without prejudice to any lien or charge in favour of the company or other body. script or other document of title relating to the shares. 171 of 1940 and No. upon the receipt of the transfer so executed by the Custodian and upon being required by him so to do. or to any other lien or charge of which the Custodian has notice. (As amended by No. and notwithstanding that the Custodian is not in possession of the certificate. stock or securities transferred. unless the context otherwise requiresInterpretation . "enemy" has the same meaning as that assigned to it Interpretation in the Act and "enemy property". 5 of 1965) 10. and (b) the value at the date of vesting of any property which is vested in him or of which the right of transfer is vested in him. In this Order. the company or other body in whose books the shares. This Order may be cited as the Trading with the Enemy (Insolvency) Title Order. stock or securities in the name of the Custodian or other transferee notwithstanding any regulation or stipulation of the company or other body. in the opinion of the Minister responsible for finance. such property would fetch if sold in the open market. The value of any property for the purpose of assessing the fees shall be the price which.

"the Custodian" means the Custodian of Enemy Property for the Republic. 5. 82 4. 84 Benefit of debts and claims vested in Custodian. within fourteen days of the facts coming to his knowledge. Cap. as the case may be. 82 Cap. and to furnish such accounts and information and produce for inspection such documents in relation thereto as the Custodian may require. Cap. in relation to any such debt or claim. Liquidator to make returns the trustee in any bankruptcy and of the trustee under any Deed of Arrangement and (except where a return has been duly made under paragraph 6) of the trustee under any such composition or scheme as aforesaid. . and of all securities therefor shall forthwith stand vested in the Custodian. composition or scheme of arrangement. The Custodian shall. 3. "company" means any company in respect of which the High Court has jurisdiction to make a winding-up order."a bankrupt" means a person adjudged bankrupt in pursuance of the Bankruptcy Act. to make a return in writing to the Custodian of all debts and claims vested in the Custodian by virtue of this Order and provable in such winding-up or bankruptcy or under such Deed of Arrangement or under such composition or scheme. be entitled Powers of Custodian to prove in the winding-up or bankruptcy or under the Deed of Arrangement. It shall be the duty of the liquidator in the winding-up of a company. "Deed of Arrangement" means a Deed of Arrangement to which the Deeds of Arrangement Act Applies. the benefit of all debts and of all claims which would but for the existence of a state of war be provable by an enemy in the winding-up or in the bankruptcy or under the Deed of Arrangement. to appeal from any rejection of a proof and otherwise to take in relation thereto such proceedings as he may think fit. to settle and agree accounts. as the case may be. Where any company goes into winding up or a person becomes bankrupt or enters into a Deed of Arrangement or where a debtor enters into a composition or a scheme of arrangement pursuant to section eighteen of the Bankruptcy Act. to compromise disputed matters.

and to furnish such accounts and information and produce for inspection such documents in relation thereto as the Custodian may require. (As amended by No. 1941. The Custodian shall exercise all the powers conferred on him by this Custodian subject to direction by Order in such manner as he may from time to time be directed by the President and subject to any such direction as he may from time to time President think fit. It shall be the duty of a debtor who proposes to make or enter into Debtor to make returns any such composition or scheme of arrangement as aforesaid. This Order may be cited as the Trading with the Enemy (Investment) Order. 2. Any moneys received by the Custodian of Enemy Property by virtue Investment of of any order made or to be made by the President under section eleven of moneys the Act may be invested by the Custodian in the Post Office Savings Bank or in such securities as the President may from time to time specify. and shall be deemed to have come into operation on commencement the 12th March. 7. 5 of 1965) 3.6. The Custodian of Enemy Property Order and every other such Order Authorisation as aforesaid shall be read and take effect as if it contained a provision authorising all moneys arising directly or indirectly to the Custodian under or by virtue of such Order to be dealt with in the manner authorised by this Order. SECTION 11-THE TRADING WITH THE ENEMY (CUSTODIAN) Government Notices . within fourteen days of his lodging his proposal. to make a return in writing to the Custodian of all debts and claims which will vest in the Custodian by virtue of this Order if such composition or scheme be approved by the court. SECTION 11-THE TRADING WITH THE ENEMY (INVESTMENT) ORDER Government Notices 151 of 1941 497 of 1964 Statutory Instrument 5 of 1965 Title and 1.

subject to any such directions. and to take possession of the said securities or any of them and subject to such terms and conditions (if any) as may be required by him and shall do so as and when requested by the President. shares. may exercise the rights in such manner as he may from time to time think fit. This Order may be cited as the Trading with the Enemy (Custodian) Title Order. branch register or other book kept in the Republic or transferable by delivery of any document situate in the Republic. The Custodian (whether the said securities or any of them shall be Sale of securities transferred into his own name or not) shall sell all or any of the said securities as and when requested so to do by the President with power for that purpose to employ such brokers and agents as he shall think fit. Exercise of voting and other rights Reimbursement of payments 7. 6. The Custodian shall exercise the voting and other rights carried by the said securities in such manner as may from time to time be directed by the President and. management. that is to say.ORDER 207 of 1946 497 of 1964 1. whether on the occasion of a sale or otherwise. 5. 4. 2. collecting. 3. bonds. The Custodian is to be at liberty to transfer the said securities or any Custodian may of them into his own name to be held by him as such Custodian or into transfer securities into his own name the name or names of any other person or persons. interest and other payments shall be reimbursed to the Custodian out of such dividends. stocks. vesting. There shall vest in the Custodian the right to transfer all securities of Right to transfer securities the following descriptions. Out-of-pocket payments duly made by the Custodian in relation to the receiving. holding or disposing of the said securities and dividends. (1) Any security which is the subject of this Order shall not be liable Securities not . belonging to or held on behalf of a person who is an enemy for the purposes of this Order. interest and other payments as aforesaid or out of the proceeds of such securities as aforesaid and shall be chargeable accordingly. annuities. debentures or debenture stock registered or inscribed in any register.

(b) any property which on or after the 6th September. (3) The receipt of the Custodian or any person duly authorised by him to sign receipts on his behalf for any dividend. G. 1946. etc. (4) Proceedings may be taken by the Custodian in the name of the Custodian of Enemy Property and no action brought shall abate or be affected by any change in the person nominated as Custodian. 1946. 1946.to be attached or otherwise taken in execution. Paragraphs 2. 2) Order. 8. 181 of 1946 Government Notices 208 of 1946 497 of 1964 SECTION 11-THE TRADING WITH THE ENEMY (CUSTODIAN) (AMENDMENT) ORDER 1. save as directed by this Order. without the consent of the President.N. 135 of 1946. become payable to or for the benefit of any person within the description contained in paragraph 3 on or after the 6th September. (2) No person shall. 3) Order. 2. part with or otherwise deal with any security or dividend. interest or other payment paid to him under this Order shall be a good discharge to the person paying the same. G. 1946. 6 and 7 of the Custodian of Enemy Property Order (requiring payment of certain monies to the Custodian and imposing restrictions and requirements in regard to certain property in the Republic) shall not apply to(a) any money which would. 1946. 76 of 1946. transfer. but for the existence of a state of war. liable to be attached.N. interest or other payment which is the subject of this Order. Interpretation. No. "enemy" means any person specified in the Trading with the Enemy (Specified Persons) (Amendment) Order. G. For the purposes of this Order. No.N. comes Exceptions . This Order may be cited as the Trading with the Enemy (Custodian) Title (Amendment) Order. No. as amended by the Trading with the Enemy (Specified Persons) (Amendment) (No. and the Trading with the Enemy (Specified Persons) (Amendment) (No.

this Order shall not have the effect of vesting the same in the Custodian. title and interest of any such person as aforesaid: Provided nevertheless that if in any case the vesting in the Custodian of any such debt or any such right. 3. but for the existence of a state of war.N.. to any individual or body of persons (whether corporate or unincorporate) carrying on that business. There shall vest in the Custodian(a) any debt which would. No. 135 of 1946. G.N. in Custodian SECTIONS 3 AND 8-THE TRADING WITH THE . 76 of 1946. For the purposes of this Order. No. as amended by the Trading with the Enemy (Specified Persons) (Amendment) (No. title or interest as aforesaid would cause a forfeiture or determination of such debt or right. then. be payable to or for the benefit of a person who is an enemy for the purposes of this Order. etc. and the Trading with the Enemy (Specified Persons) (Amendment) (No. 1946. "enemy" means any person specified in the Trading with the Enemy (Specified Persons) (Amendment) Order. 3) Order. (b) as respects any business carried on in the territory referred to in sub-paragraph (a). Interpretation G.into the ownership of any such person as aforesaid. G. 181 of 1946 Government Notice Vesting of debt. (b) in respect of any monies which would. No. SECTION 11-THE TRADING WITH THE ENEMY (CUSTODIAN) (SPECIFIED PERSONS) ORDER Government Notice 209 of 1946 1. This Order appliesApplication (a) to any individual resident in any territory which has at no time been enemy territory. 2. in any such case. be payable to or for the benefit of a person who is such an enemy as aforesaid all the right. title or interest as aforesaid. 2) Order. This Order may be cited as the Trading with the Enemy (Custodian) Title (Specified Persons) Order. but for the existence of a state of war. 1946. 1946.N. 3.

Application (b) as respects any business carried on in the said territory to any individual or body of persons (whether corporate or unincorporate) carrying on that business.ENEMY (AUTHORISATION) ORDER 210 of 1946 497 of 1964 1. Title 2. 1946. bonds. (a) This Order appliesto any individual resident in the said territory. debentures or debenture stock registered or inscribed in any register. and Transfer of annuities. Notwithstanding anything contained in section three of the Act. any Trading within certain territories person. branch register or other book kept in the Republic which on or after the 6th September. etc. 4. The transfer by or on behalf of any person to whom this Order applies of any annuities. shares. CHAPTER 115 THE EXPLOSIVES ACT . 3. This Order may be cited as the Trading with the Enemy (Authorisation) Order. come into the ownership of any such person as aforesaid. stocks. Reference should be made to the annual bound volumes of Government Notices for full particulars of the numerous Orders made under this Act. _________ GENERAL NOTE This booklet contains only the more important subsidiary legislation made under the Trading with the Enemy Act. is hereby sanctioned. unless the President otherwise directs. may trade within any territory which has at no time been enemy territory (which territory is hereinafter referred to as "the said territory") with any person to whom this Order applies.

refusal or cancellation Importation and exportation of explosives Manufacture of explosives Special rules for explosives factories Powers of search in explosives factories Powers of search for explosives unlawfully possessed 12. 10 of 1974 13 of 1994 14 of 1995 An Act to make provision for regulating control over the manufacture. 102 CHAPTER 115 EXPLOSIVES Act No. Authorisation of and entry to and search of premises where explosives are stored or used 13. 16. 4. 6. 7. 2. 21. 15. Precautions against loss of explosives No taking away of explosives without permission Unlawful secretion of explosives Possession or conveyance of explosives Destruction of explosives Regulations Obstructing Inspectors Factories Act not to apply to an explosives factory Repeal of Cap. Short title Interpretation Application Appointments Powers of Inspectors of Explosives. 8. 11. 18. . 9. 19. Mines and Machinery Appeal against suspension. 3. 17. 20.ARRANGEMENT OF SECTIONS Section 1. 14. 5. 10.

specify from time to time. nitro-glycerine. . Short title Interpretation 2. (c) any other substance which the Minister may from time to time. transportation and destruction of explosives. "authorising officer" means a police officer appointed under subsection (2) of section twelve. fulminate of mercury or of any other metal. In this Act. and every adaptation or preparation of any explosive herein defined. whether similar to those herein mentioned or not. by statutory instrument. unless the context otherwise requires"Deputy Chief Inspector" means the Deputy Chief Inspector of Explosives appointed under sub-section (2) of section four. importation. This Act may be cited as the Explosives Act. [7th May. gun-cotton. "Chief Inspector" means the Chief Inspector of Explosives appointed under sub-section (1) of section four. electric or non-electric. dynamite. percussion cap. detonator. gelignite. fuse igniter. (b) any detonating. explosives. igniter or safety fuse. declare to be an explosive. and to provide for matters incidental thereto or connected therewith. "authorised official" means any person not below the rank of superintendent authorised in writing by name or office by the Chief Inspector to impose a summary fine as may be prescribed in any regulations made under this Act. storage. 1974] 1. and every other substance. "authorised explosive" means any such explosive as the Minister may. possession. "explosives" means(a) gunpowder. by statutory instrument.use. which is used or manufactured with a view to producing a practical effect by blasting or explosion. exportation. blasting-powder.

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

road. use. importation. exportation and destruction of explosives in the Republic. the Deputy Chief Inspector of Mines shall be the Deputy Chief Inspector of Explosives. and shall. rail. transportation. lake. 110 (a) the manufacture. river. the Zambia Police Force and the Zambia Prison Service or any other person authorised under any written law. (1) There shall be appointed a Chief Inspector of Explosives who Appointments shall be a public officer. used. canal. subject to the general or special directions of the Minister. (c) any fireworks for which any licence is or may be required under any written law. importation and exportation of explosives by the Zambia Defence Force. boat or any other means of conveyance or transport. the Chief Inspector of Mines shall be the Chief Inspector of Explosives. Nothing in this Act shall apply toApplication Cap. (As amended by Act No. possession. for the purposes of this Act. and shall exercise and perform the functions conferred or imposed upon the Assistant Chief Inspector of Explosives by or under this Act and such other functions as are delegated to him by the Chief Inspector. ship. and such number of other public officers as may be necessary . (3) There shall be appointed such number of Inspectors of Explosives. and shall have overall responsibility for matters concerning safety in the manufacture. stored. use. transportation. Inspectors of Mines and Inspectors of Machinery. building. transported or handled. (2) There shall be appointed a Deputy Chief Inspector of Explosives who shall be a public officer and. exercise and perform the functions conferred or imposed upon the Chief Inspector of Explosives by or under this Act. 14 of 1995) 3. harbour."premises" includes land. and for the purposes of this Act. 4. structure. possession. who shall be public officers. storage. (b) any ammunition for which a licence is required in accordance with the provisions of the Firearms Act. storage. "works" means any place other than a mine or explosives factory where explosives are manufactured. rail truck.

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

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

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

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

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

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

as he may in his discretion endorse thereon. subject to such conditions. 13 of 1994 and 14 of 1995) 13. (b) (c) the hours between which entry and search may be made. to ensure that explosives such explosive is not lost or stolen or is not at any time available to any . enter any building or other premises where he has reason to believe that explosives are stored or used and to search or cause to be searched any person or property found in such building or premises. the particular building or other premises concerned. (5) Without prejudice to the generality of the provisions of sub-section (4). having regard to the purpose against loss of for which such explosive is lawfully used. (As amended by Acts No. (4) Any person authorised under the provisions of sub-section (3) may. the conditions which may be endorsed upon any authorisation issued thereunder may relate to any or all of the following matters: (a) the date upon which or the dates between which entry and search may be made. to such person or persons as he may in his absolute discretion deem fit to search for explosives. who may wish to confirm the authority of such person. (7) Any person who wilfully obstructs or resists any authorised person in the lawful exercise of any of the powers conferred by the provisions of this section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding twenty five thousand penalty units or to imprisonment for a term not not exceeding two and a half years or to both. are reasonable. subject to the conditions of his authorisation. (1) Every person having in his possession or under his control any Precautions explosive shall take all precautions which.(3) An authorising officer appointed under sub-section (2) may issue a written authorisation. if any. (6) Any person entering or conducting a search in any building or other premises under the provisions of this section shall produce his written authorisation to any person in or about such building or premises.

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

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

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

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

Prohibition of manufacture Licence to manufacture explosives Establishment of an explosives factory Plans. 123. 135. 137. 128. authorisation or sanction Minister's power to exempt Chief Inspector's power to exempt Revocation and saving Penalties PART II MANUFACTURE OF EXPLOSIVES 201. 205. Radio transmission when electric detonators are being charged and blasted 125. 134. 130. 131. 129. 132. 127. 203.122. 136. 206. 207. Radio transmitters and carrying of electric detonators Conveyance of electric detonators 124. 202. specifications and site plans Tables of distances Conditions of issue of licence Special rules Appendix 1 . 204. Safety distances for magazines and boxes when storing electric detonators 126. Orderly behaviour Prohibition against radio transmitters underground Complaints by persons Persons to be fit Reporting of accidents at works Injury resulting in death Accidental ignition of explosives at works Free replacement licence. 133.

211. 212. 233. 219. Specifications for mixing houses Specifications for mixing plant Fuel tanks to be separated from mixing operations. 225. 237. 232. 210. Fencing of manufacturing and storage areas Specifications of fencing Provision of and offences by searchers Entrances to danger areas Conditions to be observed in danger area Manner of searching Authorisation of danger buildings Documents to be exhibited in danger building Specifications for danger buildings Permitted tools in danger buildings Danger buildings to be kept clean Foreign matter in danger buildings Provision of passageways Prevention of danger from heat Spilled explosives Examination and removal of ingredients Clean floors Specifications for vehicles and receptacles Inspection of danger buildings Duties of person in charge of danger building Repairs to or in danger buildings Explosives to be protected from sun Appendix 2 230. 220. Mixing houses for blasting agents to comply with tables of distances 231. 218. 214. 221. Fuel tanks to be buried Flash-point of fuel oil Prohibited materials Materials to be compatible . 224. 222. 213. 215. 229. 236.208. 227. 209. 234. 216. 223. 235. 217. 228. 226.

262. 256. 252. 259. 247. 239. 244. 246. 249. 245. Floors of mixing house to be kept clean Re-use of bags Damaged bags prohibited Welding in mixing house prohibited Storage prohibited in mixing house Blasting agent to be stored Trolley to be approved Storage of blasting agents Specification of storage buildings Storage buildings to be licensed Storage buildings to be kept locked No cultivation. 257.238. shrubs or weeds Appendix 3 Regulation 250. 243. 254. Storage of ammonium nitrate Requirements for storage of ammonium nitrate Stacking of bags Cleanliness Spilled ammonium nitrate Prohibition against smoking Separation of ammonium nitrate Provisions against fires . 263. 264. 251. 255. 241. 242. 240. 248. 260. 253. 265. 261. Prohibited mixing Blasting agents used or destroyed on day of manufacture Equipment of approved design Hand mixing Prohibition against smoking Supervision in manufacture Additional requirements Prohibition of manufacture underground Appendix 4 258.

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

310. 326.WATERWAY. 319. RAIL AND AIR 301. vessel 304. ROAD. 316. 325. 312. 302. 303. 309. 320. 315. Transportation of explosives with inflammable goods and dangerous cargoes prohibited 308. Vessel less than thirty tonnes to be propelled by diesel engine Requirement for vessel transporting electric detonators Hold to be watertight Vessel in charge of competent person No explosives on deck Types of explosives which may be conveyed together Prohibition of smoking Carrying explosives with non-dangerous goods Position of explosives in relation to engine or exhaust pipe Magazine requirement Containers for explosives Limitation on quantity of ammonium nitrate Time for loading and unloading Testing for lifting appliance Repacking Supervision Route When unloading complete Liability of competent person Liability of Port Officer Compliance with the provisions of the Roads and Road . 306. 322. 328. 327. 314. Compliance with Inland Waters Shipping Act Regulations to apply to vessels transporting explosives Chief Inspector to approve the transportation of explosives by Magazine in a vessel Licensed magazine in a vessel Licence to be posted in magazine 307. 321. 313. 311. 305. 323. 317. 324. 318.

352. 346.Traffic Act 329. 339. 358. 336. means of ignition. steel or iron heels or exposed nails 349. 333. Blasting licence holder in charge and no transportation in hours of darkness 332. 335. 354. 351. 350. Explosives not to be carried in cab Explosives compartment to be clean Vehicle upon arrival at destination to be unloaded Thunderstorm during transportation Convoys When to engage low gear Compliance with relevant Railway Act Rail trucks to which Regulations apply Types of explosives loaded in rail truck Explosives permits . Prohibition on matches. 337. Public service vehicles Limitation of persons on explosives road vehicles Prohibition of conveyance by certain means No articulated vehicles No trailers Prohibition against stopping and parking Procedure for vehicles involved in accidents Authorised vehicles Authorised vehicle requirements 341. 355. 353. 334. Requirements for other vehicles transporting explosives Explosives to be effectively protected Fuel only to be carried in fuel tank Conveyance of different types of explosives Engine switched off during loading and unloading Prohibition against smoking 348. 343. 338. 356. Regulations for road vehicles Route 331. 357. 344. 347. Only unopened boxes or approved containers in authorised vehicles 342. 330. 345. 340.

364. 389. 380. 375.359. 363. scheme 383. 386. 374. 370. 388. 376. Types of train Prohibition on passengers Maximum weight Positioning of rail trucks in special explosives train Positioning of rail trucks in ordinary explosives train Positioning of dangerous goods Prohibition against conveyance of flammable goods Electric detonators Labels on rail trucks Responsibility of railways official for labels Rail truck to be approved Route Prohibition against stopping of rail trucks and trains Limitation on speed Shunting Reporting of defective braking mechanism Unloading of rail trucks Unloading at final destination Safe loading bay Definition of safe storage bay Standing in safe loading bay Unloading under supervision of blasting licence holder Rail truck only to be opened in presence of blasting licence Railway authority responsible for effective distribution Vacuum and parking brakes and stop block when unloading Notification of accidents and incidents to rail trucks Illegal acts Restrictions on rail trucks containing explosives Prohibition on smoking Prohibition on explosives in aircraft Information about aircraft accidents . 384. 366. 385. 379. 361. 377. 387. 372. 381. 367. 369. 371. 368. 362. 378. holder 382. 373. 365. 360.

504. Limitation on speed for various conveyances Use of approved vehicles for other materials Explosives in transit under a blasting licence holder Onsetter or cage tender and crew only to travel PART V STORAGE OF EXPLOSIVES 501. 509. 503. 507. 407. 502. Permitted types of conveyance for transportation of explosives at any mine or works 402. matches or smoking prohibited Cultivation Electrical wiring Electrical switches and fuses Power lines . 408. 505. 403. 506. 404. Transportation in vehicles and conveyances only in unopened boxes and approved containers 406. Requirements of rubber tyred vehicles Requirements for vehicles running on rails Painting of vehicles used exclusively for explosives 405. 508. 409. Application Permitted storage places Damaged containers to be repaired Storage of other materials prohibited Naked light.PART IV TRANSPORTATION OF EXPLOSIVES AT ANY MINE OR WORKS 401.

510. 521. 517. 539. 534. 524. 518. 516. 529. 511. 514. 530. 531. 513. Permission of local authority Safety distances Plans to be approved Mounds Fencing Warning notices Persons entering fenced areas New construction Security guards Licensed magazines: General conditions Licensed magazine to be a substantial building Licensed magazine: Construction requirements Licensed magazine: Equipment requirements Licensed magazine: Manner of storing explosives Licensed magazine: Lightning protection Licensed magazine: Inspection of lightning protection system Authorised magazines: General conditions Authorised boxes: General conditions . 538. Detonators stored apart Limitations on contents of magazines and boxes 522. 536. 528. 537. 512. 535. 525. 533. Nitro-compound explosives. 515. Exhibition and cancellation of licences. 527. 532. 526. detonating fuses and blasting agents may be stored together 520. 540. authorisations and sanctions 523. Opening of containers Repairs to magazines Magazines and boxes to be kept clean Deterioration of explosives Destruction by order Loitering prohibited Responsibility for magazines and boxes Magazines and boxes to be kept locked Inspection 519.

SALE PURCHASE ACQUISITION 601. Application Importation and exportation to be authorised Explosives in transit through the Republic Persons under twenty-one years Permit to purchase. Theft or loss of explosives to be reported Secretion and abandonment of explosives Tampering with locks of magazines and storage boxes Explosives not to be taken away .541. 604. 547. 704. 542. Storage of explosives underground Sanctioned magazines: General conditions Underground storage boxes: General conditions Location of underground storage boxes Register of underground storage boxes Explosives to be used within six months Notification of closure of magazine PART VI IMPORTATION. 702. 546. 543. acquire and possess: Procedure Open permits: General conditions Employee may possess explosives PART VII UNLAWFUL POSSESSION. 544. 607. 603. 605. 545. 703. EXPORTATION. 606. HIDING AND ABANDONING OF EXPLOSIVES 701. 602.

816. 820.PART VIII USE OF EXPLOSIVES 801. 818. 815. 821. 802. 811. 822. 808. 813. Application Blasting licence holder to carry out blasting Blasting operations at night Blasting licence Suspension of blasting licence Cancellation of blasting licence Employer to retain blasting licence Blasting licence not transferable Blasting licence to be signed Replacement of blasting licence Fastening detonator to fuse Primer cartridges Position of primer cartridge Primer cartridges not to be stored Blown out explosives not to be used again Opening cases of explosives Wrappers not to be removed Explosives not to be forced into holes Explosives not to be removed from holes Tamping No tamping between cartridges Tamping rods Tamping not to be removed Plugs 825. 804. 807. 823. 817. 824. Distance of drilling from misfired holes Deepening of holes that have contained explosives forbidden . 814. Pumping of misfired holes containing electric detonators prohibited 826. 827. 805. 809. 812. 806. 810. 819. 803.

843. 842. 844.828. 833. 839. 848. 841. 902. 849. 838. Distance of drilling from sockets Marking of position of holes Making safe misfired holes Primary blasting schedules Control of secondary blasting Duties of blasting licence holder Electrical blasting Blasting cables Duties of person in charge Preparation of face Connection between two places Provision for whistles Pre-charging Charging of pre-charged holes Pre-charged holes to be plugged Plugs not to be removed Inspection of pre-charged holes Holes in open cast workings Storage and transportation of explosives Protection of blasting agents Pneumatic charging Pneumatic equipment to be approved Resistance to hoses Duties of guards Prohibition. 847. 846. welding machine and electric detonators PART IX MACHINERY 901. 831. 837. 835. 832. Application Interpretation . 840. 845. 834. 850. 830. 829. 851. 836. 852.

914. 929. 926. 909. 924. 933. 919. 907. 910. 911. 922. 932. 915. 934. 904. 931. 908. 920. Suitability of machines Provision of guards Charge of machinery Precautions for belt-driven machinery No loose clothing or long hair near machinery Provisions of goggles. 928. 916. 905. 927. 917. 918. 912. 923. face masks or screens Precautions when machinery started Crossing or riding on conveyors Audible warning device for lifting appliance Stability of lifting appliance Ballasting diagram for lifting apparatus Passageway to be provided Erection of lifting appliances Safe loads and identification marks Automatic indicator or tables Provision for chain or wire rope Securing of chain or rope No suspension from unattended appliance Efficient brakes to hold load Suitable controls Persons not to ride except on platform Safety factor for lifting appliance No appliance to be loaded beyond safe load Inspection before use Competent person only to operate lifting appliance Distinct signals to be given Provisions for platform Suitability of track upon which lifting appliance moves Brakes on travelling mechanism of lifting appliance No person to work on lifting appliance Load to be secured Containers to be designed to prevent spillage . 925. 906. 913.903. 921. 930.

1002. 1015. 1014. etc. 1018. 937. 1006.935. 939. 1011. 941. 1003. becoming slippery Use of impaired rope prohibited PART X STEAM BOILERS. Application Interpretation Standards of construction Requirements for boilers Safety valves for boilers Provision of stop valves Pressure gauges for boilers Feed water Water levels Blow down valves Pipes and fittings not to be screwed into shell Steam receiver modification Blowing down of boilers Conditions before cleaning boilers Examination of boilers Examination of hydraulic pressure Reduction of maximum working pressure Record of particulars and information on boilers . 1005. Record to be kept Provisions for all lifting gear Provisions for hooks Annealing of chains and lifting gear Testing of chains. 1009. 936. and examination of wire rope slings Platforms. 940. 1007. 1017. STEAM CONTAINERS AND STEAM AND AIR RECEIVERS 1001. 1008. 1010. 1013. 1004. 1012. 938. 1016..

1209. 1023. Removing steelwork When any working place becomes permanent. 1020. 1304. 1022. Application Interpretation Notice of introduction of electricity Installation Plans and diagrams to be kept . safety Safety valves for evaporators Regulations not applicable to evaporators Particulars to be shown on air receivers Examination and testing of air receivers Mounting of air receivers Safety valves for air receivers Pressure gauges for air receivers Drain valves No overloading of scaffolds Provisions for platforms Planking. etc. to be unobstructed Competent person to be in charge of demolition Precautions to be taken during demolitions No overloading of floors. 1221. 1213. Platforms.. etc. 1024. guard-rails and toe-boards on platforms Openings left in roofs or floors Working on sloping surfaces Protection for persons on roof Gangways and runs Guard-rails for gangways. 1211. 1219. 1305. 1216. 1218. 1021. 1025. 1212. 1220. 1215. etc. 1302.1019. provisions for PART XIII ELECTRICITY 1301. 1303. 1217. 1222. 1026. 1214. 1210.

1308. Application Interpretation Vehicles to be replenished at filling stations Quantities of fuel which may be stored Fuel storage tanks Suitable storage tanks Placing of metal pipe Conditions for taking petrol or fuel Suitable containers Mobile containers to be earthed Removal of contaminated material . 1313. 1411. 1320. 1310. examination and testing of apparatus No person to wilfully damage apparatus Insulation Earthing Cables Flexible cables Blasting cables Switchgear and electrical joints and connections Notices Precautions and offences Competent person to be available PART XIV PETROL AND FUEL OIL STORAGE 1401. 1319. 1307. 1316. 1402. 1403. 1315. 1408. 1407. 1409. 1406. 1312. 1314. 1404. 1311. 1318. Main switchgear for controlling the supply of electricity Housing of apparatus Suitability of apparatus Protection of person and apparatus Inspection. 1410.1306. 1317. 1309. 1405.

1503. 1514. 1502. 1513. stations No smoking or naked lights Competent person to be in charge of storage and filling PART XV TRANSPORT AND TRAMMING BY VEHICLES 1501. SAFETY AND WELFARE 1601. Fire extinguishers Speed indicator Vehicle not to be left unattended Drivers to have unobstructed view Vehicle to be of non-flammable material Scheme for inspection of vehicles Workshops Control of gases Offences in connection with vehicles No riding unless accommodation PART XVI HEALTH. Application Interpretation Specification for vehicles 1504. Application Effluent water . 1602. 1510. 1507. 1413. 1509. 1511. 1512. Driver to ensure that vehicle has necessary safety requirements 1505.1412. 1506. 1508.

1610. Flammable materials Welding operations Latrine accommodation Labour returns Change house accommodation Responsibility for protective clothing Responsibility for protective equipment Permitted articles in danger areas Employment of persons FIRST SCHEDULE-Classes of explosives SECOND SCHEDULE-Safety distances from magazines (in metres) THIRD SCHEDULE-Prescribed forms FOURTH SCHEDULE-Distances for National AM Broadcast Transmitters in 0. 1604. 13 of 1994 PART I PRELIMINARY AND GENERAL 101. 1606. 1611. unless the context otherwise requiresTitle Interpretation . 1607. These Regulations may be cited as the Explosives Regulations. In these Regulations.1603. 1605.6 MHz range FIFTH SCHEDULE-Authorised explosives SECTION 18-THE EXPLOSIVES REGULATIONS Regulations by the Minister Statutory Instrument 71 of 1974 74 of 1974 72 of 1979 Act No. 1609.5 to 1. 102. 1608.

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

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

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

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

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

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

statement or report called for by such an Inspector under these Regulations shall be guilty of an offence. withdraw the authority of such official to impose a fine under this sub-regulation. such person shall sign an admission of the contravention in question in the Form 17 in the Third Schedule and thereupon such admission shall be irrevocable. Failure to comply with Inspector's directions 111. the authorised official may impose a fine on such person in a sum not exceeding one hundred penalty units in respect of each of the contraventions for which such admission has been signed: Provided that(i) the authorised official cannot impose a fine upon himself. Summary Inspector of Mines or Inspector of Machinery or to an authorised official penalties that he has contravened any of these Regulations.110. (iii) the Chief Inspector may at any time by a written notice to any authorised official. (ii) the authorised official imposing the fine shall forward to the Chief Inspector a true copy of the admission together with an endorsement thereon duly signed by him showing the amount of the fine so imposed. Any person who fails to comply with the directions issued by an Inspector of Explosives. . (iv) the authorised official shall not have power to impose a fine where the contravention results in the death of or serious bodily injury to any person. (3) After obtaining admission out of the contravention referred to in sub-regulation (1). the Inspector concerned may impose a fine upon such person in a sum not exceeding five hundred penalty units in respect of each of the contraventions for which such admission has been signed. (1) Where any person admits to an Inspector of Explosives. Inspector of Mines or an Inspector of Machinery and any person who knowingly furnishes or causes any other person to furnish any false particular in any account. survey. (2) After obtaining admission of the contravention referred to in sub-regulation (1).

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

Provided that such measures may be removed for the purposes of maintenance or repair after suitable precautions have been taken. (e) commit any act which endangers or is likely to endanger the safety or health of any person. factory or least one month's written notice of such intention to close down to the works Chief Inspector. (d) omit to do any act. storage. in the opinion of the holder. charged up areas or precharged areas. (3) Where any works closes down for an indefinite period. the manager or holder shall give at mine. (2) No person shall smoke or have a naked light or allow any person subordinate to him to smoke or have a naked light in any place where such smoking or light could constitute a fire hazard or danger to any explosives. explosion or concussion and for preventing any unauthorised person from having access to explosives. (1) Where any mine or explosives factory is to be closed down for Closure of an indefinite period. etc. or permanently. or permanently. explosives 115. (1) Every person engaged in the use. 114. manufacture. and those engaged in charging or blasting operations shall take all due precautions for the prevention of an accident or incident by fire. (2) All explosives shall be removed from any mine or explosives factory which has closed down and shall be disposed of in such manner and within such time as may be approved by the Chief Inspector. A copy of the Act and of these Regulations shall be issued to each employee who. transportation or handling of explosives. storing. the omission of which endangers or is likely to endanger the safety or health of any person. Copies of Regulations to be supplied where applicable Precautions when using.. 116. the holder shall cause all explosives to be removed from such works and shall within fourteen days give a written notice of such . (c) omit to do any act which it is his duty to do in accordance with the provisions of these Regulations. is required by virtue of his employment to have specific knowledge of them and for such issue the employee shall sign a receipt which shall be retained by the holder.

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

shall suspend such operation and no person shall remain or be caused or operations be permitted to remain within any area where he may be injured by the accidental detonation of explosives. where such compartment is not constructed of steel or sheet metal. that radio transmitters shall only be operated outside those distances shown in the Fourth Schedule when such detonators are in the charging or blasting area. where any charging or blasting operation is being carried out involving the use of electric detonators. road vehicle or train carrying electric detonators is equipped with a radio transmitter. such detonators shall only be carried in unopened boxes of origin in an explosives compartment constructed of steel or sheet metal lined internally with wood and. (2) Where any vessel. Any magazine or box in which electric detonators are stored shall Safety distances only be located outside of those distances set out in the Fourth Schedule. When electric detonators are being conveyed through any shaft. The manager or holder of any mine or works shall ensure that adequate precautions are taken. 125. no transmission shall take place from such transmitter when such detonators are being loaded into or unloaded from the compartment or container required to be provided by sub-regulation (1). to prevent. road vehicle or rail truck is transporting electric detonators. as far as is reasonably practicable. Precautions when using electric detonators underground Radio transmitters and carrying of electric detonators 122. (1) Where any vessel. for magazines and boxes when storing electric detonators . in an approved metal container. the accidental detonation of any explosives. The manager shall ensure. the use of any radio transmitter in such shaft shall be prohibited. 121. Conveyance of electric detonators Radio transmission when electric detonators are being charged and blasted 124. where electric detonators are used underground. 123.

Persons to be fit in the opinion of any official or other responsible person. 130. Prohibition against radio transmitters underground Complaints by 128. 129. Reporting of accidents at works . consume or have in his possession any intoxicating liquor while he is in or on that part of any works where operations involving explosives are being carried on unless he has received the prior permission of the manager or holder: Provided that where any intoxicating liquor is in transit and is not removed from the vehicle in which it is being transported this sub-regulation shall not apply. by the quickest means available. take immediate steps to rectify such danger or prevent access to such working place. Every person at any mine or explosives factory and every person Orderly engaged in operations involving explosives at a works shall behave in an behaviour orderly manner. of any such accident. he shall give notice of any accident caused by or on account of the presence of explosives specified in sub-regulation (2) and that an inspector shall be immediately informed. such person in charge or other official shall take immediate steps consistent with safety to confirm such danger. (1) No person who has been pronounced medically unfit or who. 127. and then if it is so confirmed.126. (1) The holder at any works shall ensure that. Radio transmitters shall not be used underground at any mine or works except with the prior approval of the Chief Inspector. If any person at an explosives factory or that part of a works where explosives are being used complains to the person in charge of his persons working place or any other official that such working place is dangerous. is in any other condition which may render or be likely to render him incapable of ensuring the safety and welfare of himself or any other person shall be or be allowed to be in or about any part of a works where operations involving explosives are being carried out. (2) No person shall take. on the form prescribed in sub-regulation (5).

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

or whenever it is necessary for the purpose of carrying out experiments or tests as to the expediency of any regulation or proposed regulation. issued. (2) Notwithstanding the provisions of sub-regulation (1). if not made in writing. under any provision of any regulation revoked by sub-regulation (1). authorisation or sanction to replace a licence. Accidental ignition of explosives at works Free replacement licence. destroyed or damaged. notice. instruction. permission. 135. prohibition. Chapter 102 of the Revised Edition. Notwithstanding the provisions of these Regulations an Inspector of Explosives may. 136. authority. authorisation or sanction 134. Whether or not personal injury is caused by the accidental ignition or detonation of explosives or any accident involving explosives the holder at any works shall ensure that such accident is reported to the Chief Inspector within twenty-four hours of its occurrence and that such report. given or granted and any other action taken. are hereby revoked. issue free of charge any licence.informed of the occurrence of such death. issued. rule. shall be deemed to have been made. authorisation or sanction which has been lost. any exemption. (1) The Explosives Regulations. Chief Inspector's power to exempt Revocation and saving . granted or taken under these Regulations unless specifically cancelled in writing by the Chief Inspector. certificate or document made. explosives factory or works. 133. the Chief Inspector may grant written exemption from such provisions under such conditions as he may determine. explosives factory or works are such as to render any provisions of these Regulations inapplicable or unduly onerous to such mine. explosives factory or works or part thereof for such period and under exempt such conditions as he may think fit. Whenever the circumstances at any mine. 132. exempt from the operation Minister's power to of these Regulations or from any provisions thereof any mine. The Minister may. from time to time. if he deems fit. is forthwith confirmed in writing. given.

(c) Appendix 3 hereto comprises regulations applicable to the manufacture of blasting agents on site. (b) notwithstanding the provisions of Appendix 1. aids or abets the contravention of any of these Regulations or fails to comply with any order given or direction made under the Act shall be guilty of an offence and shall be liable on conviction to a fine not exceeding four thousand penalty units or to imprisonment for a term not exceeding twelve months. (As amended by Act No. Except where otherwise provided in the Act or in these Penalties Regulations. or to both. any person who contravenes. 13 of 1994) PART II MANUFACTURE OF EXPLOSIVES 201. 202. (1) No explosives shall be manufactured except in accordance with the regulations contained in this Part.137. (d) Appendix 4 hereto comprises regulations applicable to the storage of ammonium nitrate. (e) Appendix 5 hereto comprises regulations applicable to the manufacture of all explosives. Appendix 2 hereto comprises regulations applicable to the manufacture of blasting agents for sale commercially. it is hereby declared that(a) Appendix 1 hereto comprises regulations applicable to the manufacture of all classes of explosives for sale commercially. (1) Every licence to manufacture explosives for sale commercially Licence to shall be issued by the Chief Inspector in the Form 3 set out in the Third manufacture Prohibition of manufacture . (2) For the avoidance of doubt.

(2) Every licence to manufacture any blasting agent on site shall be issued by the Chief Inspector in the Form 4 set out in the Third Schedule. at the time of issuing such licence.Schedule. one thousand fee units. and he may. impose such conditions as he may deem fit. (4) Any licence issued in accordance with sub-regulation (1) or (2) shall not be transferable. (As amended by Act No. 13 of 1994) explosives 203. one hundred fee units. at the time of issuing such licence. factory 204. (1) Detailed plans. (b) in the case of a licence specified in sub-regulation (2). and he may. (6) The duplicate or a photostat copy of any licence issued in accordance with this regulation shall be posted in the office of the holder or manager behind glass or other suitable transparent material in such a position as to be at all times clearly visible. (5) The fee payable in respect of such licences shall be as follows: (a) in the case of a licence specified in sub-regulation (1). explosives factory shall be submitted in duplicate to the Chief Inspector specifications for his approval before any construction of any such proposed and site plans explosives factory is commenced or carried out. (3) It shall be an offence under these Regulations to manufacture explosives without a licence. specifications and site plans of any proposed Plans. . impose such conditions as he may deem fit. An explosives factory may be established and maintained only in Establishment accordance with the provisions of the Act and the Regulations made of an explosives thereunder.

modification. detailed plans of such alteration. addition or extension is commenced or carried out. The tables of distances set out in the Second and Fourth Schedules shall form the basis on which any application to establish an explosives factory may be considered. addition or extension shall be submitted in duplicate to the Chief Inspector for his approval before any such alteration. (2) The conditions prescribed on the licence to manufacture shall be duly observed and the manufacture or any work connected with such manufacture shall not be carried on except in accordance with such conditions: Provided that the Chief Inspector may make any change in such conditions if he deems such change to be necessary or desirable. Tables of distances 206. in accordance with the requirements of Special rules section ten of the Act. modification. addition or extension of an explosives factory is necessary. make special rules which shall not be inconsistent with these Regulations and shall provide for(a) the processes and procedures undertaken in the explosives factory. modification. 207 (1) The manager shall.(2) Where any alteration. (1) When an explosives factory has been constructed in Conditions of accordance with the plans approved by the Chief Inspector he may issue issue of licence a licence to manufacture explosives in the Form 3 set out in the Third Schedule. 205. and (c) the measures or precautions to be taken for the prevention of accidents. (b) the safety and proper discipline of every person employed in such explosives factory. (2) Such special rules shall be submitted to the Minister for his approval and if he considers any special rule to be unreasonable. unnecessary or .

The manager shall provide sufficient and suitable fencing around Specifications every danger area and such fencing shall be constructed to the following of fencing specifications: (a) fence posts shall be of steel or concrete. (b) the mesh of such fence shall be of a suitable size and be of a substantial gauge. 210. . 125 the President or the Minister requires other or further steps to be taken the manager shall take such other or further steps as may be required by the President or the Minister. (c) the fence shall be a minimum of two point five metres in height. (d) an approved padlock or lever type lock shall be used to secure the entry gate. (4) A copy of such special rules shall be issued to each employee who in the opinion of the manager is required by virtue of his employment to have specific knowledge of them and for such issue the employee shall sign a receipt which shall be retained by the manager. Fencing of manufacturing and storage areas 209. (1) The manager shall provide sufficient number of suitably Provision of trained persons to act as searchers at every entrance to any danger area: and offences by searchers Provided that if in accordance with the Protected Places and Areas Act Cap. In every explosives factory the explosives manufacturing and storage areas and so much of the land surrounding as shall be shown on the official factory site plan shall be fenced and every such area shall be known as a danger area. and any person who contravenes or fails to comply with any such special rule shall be guilty of an offence under these Regulations. (3) Special rules approved by the Minister shall have the same force and effect as these Regulations.otherwise undesirable he shall disallow it or require it to be altered. Appendix I 208.

tractor or other receptacle entering any danger area may be searched by the searchers. (1) Entrance into any danger area shall be only through a gate specified by the manager and any person entering or whilst in any danger area shall submit to being searched by the persons appointed by the manager to be searchers in accordance with sub-regulation (1) of regulation 210. and such person shall not be allowed to enter into any danger area. trolley.(2) Any person employed as a searcher by the manager at any explosives factory who during his period of duty(a) disobeys any instruction or order given to him by a person in authority or fails to carry out any duty allotted to him. 212. (c) no person shall be or be allowed to remain in any part of any danger area who has been pronounced medically unfit or who in the opinion of a responsible official of the factory is in any other condition which may render or be likely to render him incapable of ensuring the Entrances to danger areas . or (c) permits any unauthorised person to enter any danger area. that is to say: Conditions to be observed in (a) any person refusing to submit to or permit any search as required danger area by sub-regulation (1) or (2) of regulation 211 shall be guilty of an offence against these Regulations. shall be guilty of an offence under these Regulations. entering or leaving any danger area together with the time of entry and the time of departure. or (b) leaves his post or the area assigned to him without the permission of a person in authority. (b) any person within any danger area who fails to comply promptly with any lawful order given to him by any person in authority shall be guilty of an offence against these Regulations. tractor or other receptacle. vehicle. (3) A record shall be kept of every person. trolley. 211. (2) Any vehicle. The following acts and each of them shall constitute an offence under these Regulations.

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

13 of 1994) 215. (7) The fee in respect of the said authorisation shall be one hundred fee units. (c) the maximum number of persons permitted therein at any one time. (1) In every danger area any building used for or associated with Authorisation the manufacture of explosives shall be shown on the official factory site of danger plan and each such building shall be known as a danger building. (6) Every danger building shall be maintained in good order. (As amended by Act No. in a conspicuous place and position. buildings (2) Every danger building in any explosives factory shall be authorised for the function specified in the Form 13 set out in the Third Schedule.214. and the Chief Inspector may. (5) Every danger building shall only be used in accordance with the authorisation referred to in sub-regulation (2). (3) The authorisation for any danger building shall show(a) the quantity of explosives or other materials permitted to be or to remain in such building. at the time of such authorisation. (4) Every danger building shall be identified by the code number assigned to it on the official factory site plan and such identification shall be displayed on the outside of the building. impose such conditions as he may deem fit. close to the door. Inside every danger building there shall at all times be affixed in a Documents to conspicuous place and positionbe exhibited in danger building (a) the duplicate or a photostat copy of the original of the . (b) the operations to be carried on therein.

steel.authorisation for such building. (c) a copy of any other conditions which the Chief Inspector may require. (b) a copy of the special rules which apply to such building. (1) Every tool and implement used in any danger building shall be Permitted tools made of or effectively covered with non-sparking material or any other in danger approved material. shall be so constructed or so lined. any window therein shall be constructed of approved materials. other than machinery. (ii) the detachment of any iron. the walls shall have a smooth finish. benches. grit or similar material. 217. grit and any other extraneous matter or Danger buildings to be kept clean . buildings (2) No tools other than those shown on the list required under paragraph (d) of regulation 215 shall be permitted in any danger building. (f) all doors shall open outwards and shall be so placed that the number of persons permitted to be in such danger building by the authorisation can leave the building without hindrance in the event of an emergency. ingredients. shelves and fittings therein. Every danger building shall comply with the following requirements: (a) (b) (c) (d) the walls and roof shall be constructed of approved materials. the floor shall be constructed of impermeable materials. covered or treated as to prevent(i) the exposure of any iron or steel which may be a danger to explosives. 218. shelves and fittings of any danger building and all movable articles therein shall be kept clean and free from explosives. (1) The interior. (d) a list of tools and implements permitted therein. (g) the interior and benches. Specifications for danger buildings 216. (e) the table of distances set out in the Second Schedule shall be adhered to.

Nothing shall be placed on or near any pipe or surface used for heating in any danger building. door or porch within such danger building. Any explosives or ingredients spilled or dropped and all waste explosives or waste material or article contaminated with explosives shall be deposited in a suitable place or receptacle and disposed of in such manner as shall be specified by the manager. and upon the cessation of such work or use shall be removed forthwith. or an explosive compound. oiled cotton. Passageways of adequate size shall be provided to all means of ingress to and egress from any danger building and to any platform. (2) No charcoal. and all finished explosives shall with all due diligence be removed to a factory magazine or sent away immediately from the factory. 221. (1) Every ingredient in course of manufacture into explosives that Examination either by itself is possessed of explosive properties. or any articles whatever liable to spontaneous ignition shall be taken into any danger building except for the purpose of immediate supply and work. whether ground or otherwise. 219. All such passageways and every platform. Every empty bag or carton shall be shaken out and every trolley or Foreign matter other receptacle shall be examined to ensure that it is free from foreign in danger matter before being filled with explosives or ingredients. oiled waste. shall be removed with all due diligence from such building as soon as the authorised process connected with those ingredients that is carried on in such building is completed. stairway. buildings 220. or that when mixed and removal of with any other ingredient or article also present in any danger building is ingredients capable of forming an explosive mixture. and such explosives and ingredients shall be loaded and unloaded with all due diligence. oiled rags.material. stairway. (2) Wherever danger may arise from foreign matter being present with . or for immediate use in such building. door or porch shall be kept clear. Provision of passageways Prevention of danger from heat Spilled explosives 222. 223.

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

such building after being so cleaned. be cleaned by the removal of all danger explosives and ingredients thereof.no such plant. by the thorough washing out of the building to or in which repairs are required. and a certificate of clearance has been issued. whether mixed or otherwise. (a) (b) (c) Every mixing house shallbe of non-combustible construction. Before repairs are done to or in any danger building. 232. Explosives shall not be exposed unnecessarily to the direct rays of Explosives to the sun. In every explosives factory the mixing houses used for the preparation and the buildings used for the storage of blasting agents shall comply with the safety distances for danger buildings set out in the Second Schedule. so far as is practicable. if buildings necessary. such Repairs to or in building shall. and. shall not be deemed to be a danger building within the meaning of these Regulations until explosives or the ingredients thereof are again taken into such building: Provided that this regulation shall not apply to such routine repairs as may be specified by the manager. Mixing houses for blasting agents to comply with tables of distances Specifications for mixing houses 231. 229. machine or apparatus shall be restarted until such defect has been remedied. be protected from sun Appendix 2 230. (d) be so arranged that stocks of unprocessed ammonium nitrate and processed blasting agents are physically separated from each other and from the area or areas in which mixing or packaging operations are conducted. 228. be adequately ventilated. Every mixing plant in a mixing house shallSpecifications for mixing plant . have a floor compatible with ammonium nitrate.

No fuel oil with a flash-point lower than fifty-two degrees celsius Fuel tanks to be shall be used in the manufacture of any blasting agents. or (b) be equipped with a sump below it capable of containing the complete contents of such tank if such tank should rupture. compatible 238. buried 236. Every plant used for the packaging of any blasting agent shall be Materials to be constructed of materials compatible with ammonium nitrate. be kept clean. Any tank used to store fuel oil shall(a) be buried. Fuel tanks to be separated from mixing operations 235. 233.(a) be so designed as to minimise the possibility of frictional heating. Crude oil and crankcase oil shall not be used in the manufacture of any blasting agent. (d) be constructed of materials compatible with ammonium nitrate. mixing house to be kept clean 239. (c) have all bearings and gears protected against accumulations of product dust. Prohibited materials 237. (b) have its frame and all other parts electrically bonded together and be earthed. (e) be constructed so as to prevent the spillage of any ammonium nitrate or blasting agent during mixing operations. 234. as far as is Floors of reasonably practicable. Bags which previously contained ammonium nitrate may be used Re-use of bags for containing processed blasting agents: . compaction and confinement. Tanks in which fuel oil or other carbonaceous fuels are stored shall be physically separated from the area or areas in which mixing or packaging operations are conducted and a shut-off valve shall be provided immediately adjacent to such tank in the lead off pipe from such tank. The floors and equipment of every mixing house shall.

No flame cutting or any welding operation shall be carried out in Welding in mixing house any mixing house when ammonium nitrate or blasting agents are prohibited contained therein and before any such operation is carried out such mixing house or part thereof shall be washed free of ammonium nitrate or blasting agents. 243. Trolley to be approved Storage of blasting agents . (2) Blasting agents shall only be stored in any magazine in accordance with the conditions of the licence for such magazine. The amount of ammonium nitrate permitted to be taken into any Storage mixing house for processing into a blasting agent shall be sufficient in prohibited in quantity for immediate mixing. (1) Processed blasting agents may be stored in either a magazine or a blasting agent storage building. After any processed blasting agent has been packaged it shall be Blasting agent removed forthwith to a blasting agent storage building or a magazine or to be stored removed from the factory. the storage of ammonium nitrate in any mixing house mixing house is prohibited. they are contained within an outer bag or a container. Any trolley or tractor used to convey ammonium nitrate to or processed blasting agents from any mixing house shall be of a type approved by the Chief Inspector and every such trolley or tractor shall be kept clean and maintained in good working order. Damaged bags prohibited 241. 240. (iii) such outer bag or container is labelled as to its content and weight. 245. 242. 244.Provided that(i) (ii) they are undamaged. Bags which previously contained ammonium nitrate and are damaged shall not be re-used for containing processed blasting agents but shall be burnt or buried.

shrubs or weeds Appendix 3 250. No cultivation. All blasting agents manufactured on site shall be used or destroyed on the same day they are manufactured. 251. Storage buildings to be licensed (c) be equipped in accordance with paragraphs (a). Every storage building used for the storage of blasting agents shall(a) (b) (c) (d) be a one-storey construction. (e) and (f) of regulation 535. (d) be kept clean and maintained in good order.246. not have a basement. No cultivation. Storage 248. be constructed of non-combustible or fire resistant material. at any time. be adequately ventilated. be mixing permitted. Every storage building used for the storage of blasting agents shall when blasting agents are contained therein be kept securely locked buildings to be kept locked or be under the supervision of a competent person. 249. Specification of storage buildings 247. Blasting agents used or destroyed on day of manufacture . shrubs or weeds liable to cause danger from fire shall be permitted within ten metres of any mixing house or blasting agent storage building. (b) be licensed in accordance with sub-regulation (1) of regulation be fenced in accordance with regulation 209. Every storage building used for the storage of blasting agents shall(a) 532. The mixing of ammonium nitrate and fuel oil by the pouring of Prohibited fuel oil into holes containing ammonium nitrate shall not.

239. Requirements for storage of ammonium nitrate . 240 and 241 shall also apply to the manufacture of blasting agents on site: Provided that regulations 233 and 234 shall not apply to any fuel oil contained in any mobile mixing plant. No equipment shall be used for the manufacture of blasting agents Equipment of on site unless the design and materials used in the construction of such approved equipment have been approved by the Chief Inspector. 257. The manufacture of blasting agents on site shall be carried out under the direct supervision of a blasting licence holder. (1) When ingredients are mixed by hand.252. The provisions of regulations 233. (2) Immediately following use. The manufacture of blasting agents underground is prohibited. nitrate 259. 235. Prohibition of manufacture underground Supervision in manufacture Additional requirements Hand mixing Appendix 4 258. all implements and mixing containers shall be thoroughly washed. 256. (a) (b) Any building used for the storage of ammonium nitrate shallbe constructed of non-combustible or fire resistant materials. Ammonium nitrate stored at any mine. Smoking within a distance of four metres of any mixing operation Prohibition shall be prohibited. against smoking 255. 254. the implements used shall be of wood or non-sparking materials. 234. 236. be kept well ventilated. explosives factory or Storage of works shall only be stored in accordance with the regulations contained ammonium in this Appendix. design 253.

(d) not less than nine hundred millimetres from the eaves or beams of the roof overhead. Smoking and open flames shall not be permitted in any building used for the storage of ammonium nitrate. Ammonium nitrate shall be separated. (e) on the concrete floor or other approved material. nitrate 265. Spilled ammonium nitrate (2) Spilled ammonium nitrate may be used in the manufacture of blasting agents if it is thoroughly sifted and examined for extraneous materials before use.(c) (d) 260. Stacking of bags (b) so that every bag is not less than seven hundred and fifty millimetres from the walls. Ammonium nitrate in bags in any building shall be stackedin amounts not exceeding seventy-five tonnes. 261. (1) Any spilled ammonium nitrate shall be cleaned up promptly and disposed of. so as to prevent any Separation of possible contamination. (3) Spilled ammonium nitrate shall not be used for the manufacture of nitro-compound explosives. Every building in which ammonium nitrate is stored shall be kept Cleanliness clean. from any other material by an approved type of ammonium wall. 262. 263. (c) so as to leave aisles between stacks of at least seven hundred and fifty millimetres width. (a) have a floor constructed of impermeable material. not have any covered drain in the floor. (1) Any building used for the storage of ammonium nitrate excepting a magazine shall be provided withProvisions against fires . Prohibition against smoking 264.

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

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

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

(1) At suitable places throughout the factory canisters shall be provided. 279. chairs and suitable clothes for use by first-aid attendants. to Transport to be provided . (h) provided with sanitary conveniences near such first-aid station. (2) Each canister shall contain the following. burns and other injuries likely to occur and such dressings shall be maintained in good condition and be readily available at all times for use. (f) provided with an adequate number of stretchers with at least two blankets for each stretcher. 281. (b) be the holders of a valid certificate in first-aid granted by a recognised society approved by the Chief Inspector. The manager shall ensure that suitable transport is provided to convey any person. The manager shall ensure that there is appointed a sufficient Appointment of number of competent persons to be in charge of the first-aid station at all competent first-aid persons times when individuals are at work. Provision for first-aid canisters (b) a first-aid box of a type and the contents thereof approved by the Chief Inspector. particulars of each case treated. who becomes sick or injured whilst at work. benches. Such persons shall(a) be readily available at all times when on duty. (3) Each canister shall be regularly examined by a competent person and any shortage in the contents replenished forthwith. (c) record in a book provided for the purpose. a suitable table. (g) provided with an adequate supply of dressings for the first-aid treatment of all accidents.(e) kept clean and properly maintained and all interior surfaces shall be so constructed as to achieve this requirement. the nature of the injury or illness. 280. specifying the date and time. that is to say: (a) a stretcher and two blankets. clearly marked with a red cross and maintained in good condition. the name of the person. the treatment given and the name of the person administering treatment.

(4) The manager shall ensure that. 284. Any person who is injured in an accident in an explosives factory Reporting of shall report such accident as soon as possible. the manager shall ensure that the police are notified forthwith. (c) in which the injuries sustained by any person are so serious that it is possible that they may prove fatal. to his accidents immediate superior who shall ensure that the relevant procedure in case of such accident as laid down by the manager is complied with. Notification of accidents (b) in which any person becomes unconscious either from heat-stroke. if he is able to do so. and that such transport is kept readily available for use. (2) The accidents of which notice is required to be given are those(a) involving the death of any person. heat exhaustion. 282. in the form prescribed in . in the form prescribed in sub-regulation (5).hospital or to his home. (1) The manager shall ensure that. Inspector of Mines or an Inspector of Machinery shall be informed forthwith of any such accident. Manager to ensure injured or sick persons treated without delay (2) The manager shall lay down a procedure for the reporting of accidents. (1) The manager of an explosives factory shall take suitable precautions to ensure that any person employed at a factory who receives any injury or who becomes sick shall without delay receive the necessary first-aid treatment or medical attention. he shall give notice of any accident in the factory specified in sub-regulation (2) and that an Inspector of Explosives. (3) In the case of death. 283. electric shock. the inhalation of poisonous fumes or the inhalation of any poisonous gas.

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

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

prescribe the following: (a) any gas or fume which he may deem to be toxic and the maximum permissible amount of such gas or fume content in the general body of the air. then any person wishing to do so shall furnish approve the to the Chief Inspector full details of the vessel and details of the amount transportation of . (2) The Chief Inspector may. by Gazette notice. PART III TRANSPORTATION OF EXPLOSIVES BY INLAND WATERWAY. ROAD. the other regulations contained in this Part shall also apply to any vessel transporting explosives on inland waters. (1) The manager shall cause such steps to be taken as are Provision of necessary to ensure that adequate ventilation is supplied to all parts of adequate the explosives factory where the safety and health of any person may be ventilation endangered by exposure to conditions arising from excessive amounts of toxic gas or fumes. Cap. 466 302. regulations made thereunder.289. Where at any time the transportation of explosives by vessel is required to be undertaken. RAIL AND AIR 301. Any vessel transporting explosives on inland waters shall comply Compliance with fully with the requirements of the Inland Waters Shipping Act and the Inland Waters Shipping Act. and (b) the maximum permissible amount of harmful dust content in the general body of the air. harmful dust or harmful temperatures. Regulations to apply to vessels transporting explosives Chief Inspector to 303. In addition to the provisions of regulation 301.

vessel together with plans in duplicate to the Chief Inspector for his approval giving particulars of the following. may at any time cancel any . (1) In any vessel. (2) The fee payable on the issue of such licence shall be five hundred fee units. or an inspector. the class and quantity of explosives required to be stored.and type of explosives to be transported and the manner in which such explosives are to be transported. (As amended by Act No. obtain the prior approval of the Chief Inspector. (b) (c) specific details of the magazine. that is to say: (a) the position in the vessel where such magazine is to be constructed. 305. clearly visible. before undertaking such modification or extension. (2) Any owner or master of a vessel having a magazine wishing to modify or extend such magazine shall. at all times. any magazine approved by the Chief Inspector Licensed magazine in a vessel to be used for the storage of more than five cases of twenty-five kilograms of nitro-compounds or blasting agents or for more than fifteen thousand detonators shall be referred to in these Regulations as a "licensed magazine". (2) The Chief Inspector. 13 of 1994) 306. explosives by vessel Magazine in a 304. (1) Any owner or master of a vessel wishing to construct a magazine in such vessel shall prior to so doing submit details in writing. The licence for such magazine shall be in the Form 9 set out in the Third Schedule and shall specify the nature and maximum amount of explosives which may be stored and may contain such other special conditions as the Chief Inspector may impose. (1) The duplicate or a photostat copy of the original of any licence Licence to be posted in magazine issued in respect of any magazine shall be posted in such magazine behind glass or other suitable transparent material in such a position that it is.

466 be competent if he holds a certificate of competency required for the class of vessel under his charge as is specified in the First Schedule to the Inland Waters Shipping (Masters and Crews) Regulations. 466 307. 311. Transportation of explosives with inflammable goods and dangerous cargoes prohibited. when any incident occurs which could cause the explosives to become a danger to persons or property or could in any way affect such explosives. The hold in any vessel transporting explosives shall be watertight Hold to be watertight and where this is not possible any explosives transported in such hold shall be effectively protected against any possibility of becoming affected by water. (1) Every vessel transporting explosives shall at all times be under Vessel in charge of the charge of a competent person and such a person shall be deemed to competent person Cap. (2) The transportation of explosives in any vessel propelled by an engine powered by an inflammable liquid is prohibited unless such vessel conforms to the requirements of the Inland Waters Shipping (Construction of Vessels) Regulations. propelled by diesel engine 309. forthwith inform an Inspector of Explosives. Any vessel transporting electric detonators shall comply with the Requirement for vessel transporting requirements of regulation 122.licence if(a) the holder of such licence has been convicted of any offence in relation to the storage or use of explosives. The engine of any vessel having a tonnage of thirty tonnes or less Vessel less than thirty tonnes to be used for the transportation of explosives shall be a diesel engine. electric detonators 310. (b) any conditions of such licence have not been complied with. (2) The competent person in charge of any such vessel shall. Cap. . (1) The transportation of explosives in any vessel transporting inflammable liquids or other dangerous goods is strictly pro-hibited. 308.

the carrying of non-dangerous goods in the same hold as explosives is permitted: Carrying explosives with non-dangerous goods Provided that the explosives are adequately insulated from such non-dangerous goods. Any vessel having a magazine shall only carry explosives of the class and quantity for which such magazine has been licensed. 316. 313. 314. In any vessel transporting explosives. 317. and no person engaged in the loading or unloading of explosives into or from any vessel shall carry matches or any other means of producing ignition or wear boots or shoes with steel or iron heels. 315. and the Inspector of Explosives issuing the permit to purchase such explosives shall specify the conditions under which they may be transported together. blasting agents and detonating fuses Types of explosives which may be conveyed together in the same hold but none of them shall be may be conveyed conveyed together with any other explosives: together Provided that where any person requires to transport only small quantities of different explosives. such explosives shall be positioned so as not to be affected by any heat given off by any engine or by the exhaust pipe or ducting of such engine or any other source of heat. such explosives may be transported together in the same hold. Nitro-compound explosives. tips or exposed nails of any kind. 318. (1) Explosives shall only be transported in any vessel in sound Position of explosives in relation to engine or exhaust pipe Magazine requirement Containers for explosives . In any hold in any vessel transporting explosives. No person shall smoke within thirty metres of where explosives Prohibition of are being loaded into or unloaded from any vessel or within four metres smoking of any vessel loaded with explosives.312. No explosives shall at any time be transported on the deck of any No explosives on deck vessel.

appliance immediately before allowing any explosives to be hoisted by a lifting appliance or lifting gear. (2) The method of transporting detonators shall prior to their being transported. such explosive shall forthwith be carefully collected and repacked and such col lecting and repacking shall only be done by a blasting licence holder. jetty. be approved by the Chief Inspector. the Chief Inspector shall be informed by the quickest possible means and no person shall move any such vessel or meddle with such explosives until an inspector has examined such vessel or explosives. 319. Limitation on quantity of ammonium nitrate Time for loading and unloading Testing for lifting 321. 322. 320. cause such lifting appliance or lifting gear to be tested and proved to be in safe working order. wharf complete . Any loading or unloading of explosives at any place into or out of Supervision a vessel shall be under the direct supervision of a blasting licence holder. 323.unopened boxes of origin or other closed containers of a type approved by the Chief Inspector. Unloading shall be deemed to have been completed when the explosives have been landed at or deposited upon any quay. 324. When unloading 325. compartmentalised or isolated from any other batch. Without exception the loading or unloading of explosives shall not be carried out between the hours of sunset and sunrise. The competent person referred to in regulation 311 shall. when any such vessel is involved in an accident or incident. Any vessel transporting explosives shall proceed by the quickest Route and safest route and. Any vessel transporting ammonium nitrate where the load to be transported is in excess of seventy-five tonnes shall transport such ammonium nitrate only in batches of seventy-five tonnes or less and each such batch shall be insulated. If during loading or unloading operations into or out of any vessel Repacking any explosive is found to have escaped from any package in which it is contained or to be spilled.

or landing stage. in which case such alternative route shall be used. 332. explosives shall(a) be in the direct charge of a blasting license holder who shall take all due care of the operation. Cap. not being the most direct. 331. Nothing in these Regulations shall preclude any vehicle used for Compliance with the transportation of explosives from satisfying the requirements of the the provisions of the Roads and Roads and Road Traffic Act and the regulations made thereunder. Road Traffic Act. and it shall be lawful for any local authority to prescribe the route to be used within its area of jurisdiction. No person shall convey or cause to be conveyed or allow any Public service Blasting licence holder in charge and no transportation in hours of darkness Route . 330. wharf or landing stage to be removed immediately Officer to a magazine or other safe storage place under such conditions as he may deem necessary. These Regulations shall apply to every road vehicle transporting Regulations for road vehicles explosives by road within the Republic other than at a mine or works. 328. The Port Officer shall cause any explosives landed at or deposited Liability of Port upon any quay. The competent person referred to in regulation 311 shall be liable Liability of competent person for any breach of any of the foregoing regulations. passes through areas of lesser population density. pending their removal therefrom by a consignee. 327. all explosives transported by road shall be conveyed by the most direct route and by the quickest and safest means: Provided that this regulation need not apply within any city or town where an alternative route. jetty. 326. Unless an inspector otherwise directs. (b) not be transported during the hours of darkness except with the prior permission of an Inspector of Explosives and under such conditions as he may prescribe. 464 329. When being transported in any road vehicle or convoy of road vehicles.

the blasting licence holder in charge and such Limitation of persons on other persons as may be necessary for the purposes of loading or explosives road unloading may be carried in any vehicle transporting explosives. (1) The stopping or parking of any road vehicle transporting explosives in any city.subordinate to convey explosives in any public service vehicle. motor-bicycle or any three-wheeled form of mechanical transport unless such means of transport is approved by an Inspector of Explosives. 335. Prohibition of conveyance by certain means No articulated vehicles 336. town or village is permitted: . town or village is prohibited: Prohibition against stopping and parking Provided that the prohibition shall not apply to any case where a vehicle is stopped(i) (ii) (iii) (iv) to avoid an accident. to obey a direction lawfully given by some person. bicycle. No articulated road vehicle shall be authorised for transporting explosives after the promulgation of these Regulations. to comply with a traffic sign. Explosives shall not be conveyed in any trailer attached to a road No trailers vehicle. (1) Only the driver. (2) The parking of any vehicle transporting explosives in any city. vehicles 333. Under no circumstances shall any explosives be conveyed by a pack animal. 334. or due to some cause beyond the control of the driver. vehicles (2) No person shall be carried in any compartment containing explosives. 337.

466 Provided that. the Chief Inspector may permit the transportation of such explosives in a vehicle and he may. and the fee payable for such authorisation shall be one hundred fee units: Procedure for vehicles involved in accidents Cap. 13 of 1994) 340. (a) Every authorised vehicle used for transporting explosives shallbe of a sound construction and free from any patent defect. The authorisation for such vehicle shall be in the Form 5 set out in the Third Schedule and shall specify the nature and maximum amounts of explosives which may be transported at any one time and shall contain such other conditions as the Chief Inspector may impose. 338. (As amended by Act No. in such a case. Every road vehicle used for the transporting of more than five vehicles cases of twenty-five kilograms of nitro-compounds blasting agents or more than fifteen thousand detonators shall. Where any vehicle transporting explosives is involved in an accident(a) such vehicle shall not continue its journey until the explosives and the vehicle have been examined by an Inspector of Explosives or the blasting licence holder who shall decide whether or not it is safe in all respects for the vehicle to continue the journey. be treated as an authorised vehicle. Authorised 339. for the purpose of these Regulations. (b) the vehicle shall be kept under guard until it is in a condition to resume its journey. (c) such accident shall in any event be reported to the nearest Inspector of Explosives forthwith. (d) the driver shall immediately place the red triangular reflector in the position required by the Roads and Road Traffic Act. require an authorisation as hereinafter mentioned and shall. and Authorised vehicle requirements . impose such conditions as he may deem fit. after such authorisation has been obtained.Provided that such vehicle is parked off the public road and at a reasonable and safe distance from any inhabited building and in the charge of a blasting licence holder and when parked overnight the police are notified of the place where such vehicle is parked. where explosives in excess of five cases of twenty-five kilograms are to be transported.

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

the front and the rear so as to be distinctly visible from the front. (b) not be a private motor car: Provided that any person authorised in accordance with sections twelve and thirteen of the Act may carry reasonable quantities of explosives in a private motor car in accordance with his duties. (c) be provided with one fire extinguisher of an approved type inside the cab mounted on a suitable carrier or holder so that it is readily available for use at any time. excepting that an inspector may. Explosives shall only be transported in an authorised vehicle in sound unopened boxes of origin or other closed approved containers. (o) only transport electric detonators in compliance with the requirements of regulation 122. rear and sides. 341. (q) have no electric cables inside the compartment in which explosives are transported. (n) have a quick action cut-off fitted to the fuel line in a readily accessible position. Only unopened boxes or approved containers in authorised vehicles 342. Every road vehicle used for transporting five cases of twenty-five Requirements for other vehicles kilograms of nitro-compounds or blasting agents or less or fifteen transporting thousand detonators or less shallexplosives (a) be propelled by a diesel engine. (s) not be driven at a speed in excess of fifty kilometres per hour when transporting explosives. (d) if the body is not completely enclosed. a sign bearing the words "DANGER-EXPLOSIVES" in red paint on a white background and on the rear a sign bearing the figure and words "50 km per hour" and when such road vehicle is transporting blasting agents or is empty the words "DANGER-EXPLOSIVES" shall not be visible. allow the transportation of explosives in a vehicle propelled by any other type of engine. under such conditions as he may prescribe. (r) have the duplicate or a photostat copy of the original of the authorisation displayed in the cab behind glass or other suitable material. not be loaded with .(m) have on the two sides. (p) have an isolating switch in the electrical circuit adjacent to the battery in a readily accessible position.

347. No person shall smoke within thirty metres of where explosives are being loaded or unloaded from any road vehicle or within four metres of any vehicle loaded with explosives. blasting agents and detonating fuses Conveyance of may be conveyed together in the road vehicle but none of them shall be different types of explosives conveyed together with any other type of explosives: Provided that where any person purchases only small quantities of different types of explosives. No fuel shall be carried in or on any road vehicle in which explosives are being transported except in the fuel tank. such explosives may be transported together and the Inspector of Explosives or Inspector of Mines issuing the permit to purchase such explosives shall specify the conditions under which they may be transported together. means of or from any road vehicle shall carry matches or any other means of . Any explosives transported in any road vehicle shall be effectively protected against displacement. nor shall any other material be carried in the compartment in which explosives are deposited. Nitro-compound explosives. No person engaged in the loading or unloading of explosives into Prohibition on matches. comply with the requirements of regulation 122. Explosives to be effectively protected 343. When explosives are being loaded into or unloaded from any road Engine switched off during loading vehicle the engine of such vehicle shall be switched off and due care shall be taken by the person in charge to ensure that no person other than and unloading those persons assisting him in loading or unloading shall have access to such explosives.explosives to a height greater than the sides or back of the vehicle and have such explosives completely covered with painted cloth. Fuel only to be carried in fuel tank 345. (e) (f) be of sound construction and free from patent defect. Prohibition against smoking 348. 346. 344. tarpaulin or other similar protective material and such material shall be lashed down so as to effectively protect the explosives from displacement whilst the vehicle is in motion.

356. Compliance with relevant Railway Act Rail trucks to which Regulations apply . On the approach of and during a thunderstorm any road vehicle transporting explosives shall be halted off the highway at least five hundred metres from any inhabited building. The following regulations shall apply to every rail truck transporting explosives within the Republic from the time when(a) any such truck first enters the Republic until the explosives are unloaded from such truck. Every road vehicle transporting explosives shall. tips or ignition. steel or iron heels or exposed nails of any kind. vessel or rail truck or be used immediately. No explosives shall be carried in the cab of any road vehicle. When to engage 354. Where any road vehicle transporting explosives approaches a low gear traffic sign indicating that low gear ought to be engaged or any sign giving warning of a steep descent. Thunderstorm during transportation Convoys 353. Where two or more road vehicles transporting explosives are travelling in convoy they shall maintain a distance of at least fifty metres from each other. be unloaded forthwith into an approved place of storage. Vehicle upon arrival at destination to be unloaded 352. the driver shall bring such vehicle to a complete standstill and thereafter engage low gear before proceeding further. or such truck leaves the Republic. Explosives compartment to be clean 351.producing ignition or wear boots or shoes with steel or iron heels. The interior of the explosives compartment of any road vehicle transporting explosives shall be kept clean and in good order. Explosives not to be carried in cab 350. Any rail truck used for the transportation of explosives. exposed nails 349. immediately upon arrival at its destination. 355. and any locomotive used to pull or push such rail truck or train on any railway system within the Republic shall comply fully with the requirements of any Act relating to such system and all regulations made thereunder.

(b) any such truck leaves an explosives factory or licensed magazine until the explosives are unloaded from such truck or such truck leaves the Republic. (c) explosives of any other type when required to be transported shall be transported under such conditions as an Inspector of Explosives shall prescribe. 358. Prohibition on passengers Types of train 360. and such holder shall ensure that. (1) Every rail truck containing explosives consigned to the holder Explosives of an open permit to purchase. . the conveyance of any passenger is strictly prohibited in such train. acquire and possess explosives shall only permits be consigned to such holder and shall not contain explosives consigned to any other person or destination. or by ordinary goods train. blasting agents and detonating fuses loaded in rail truck may be transported together excepting that the nitro-compound explosive known as mastermix shall not be transported together with any other type of explosives. acquire and possess explosives may. ordered in full rail truck loads only. (2) Any rail truck containing explosives consigned to holders of permits to purchase. that is to say: (a) (b) by special explosives train. such explosives are. When explosives are being transported in any train. Explosives may be conveyed by rail as follows. 357. be consigned to several different holders and destinations: Provided that the explosives loaded into such rail truck shall be loaded in such order that such explosives can be unloaded by the consignees without the removal of explosives for other consignees. No rail truck shall be loaded with explosives other than as specified hereunder: Types of explosives (a) nitro-compound explosives. when he possesses sufficiently large storage facilities. (b) detonators and capped fuses shall not be transported together with any other type of explosives. as far as is reasonably practicable. when the quantities are small. 359.

The maximum permissible weight of explosives contained in any Maximum train shall be as is specified hereunder: weight (a) not more than three hundred and fifty tonnes in any special explosives train. 362. 365.361. Special explosives trains shall be limited to a maximum load of eighty-two axles and shall not be double-headed. whether full or empty. projecting timber. at least two bogies or three short rail trucks loaded with non-dangerous goods shall be placed between the locomotive and the first rail truck containing explosives. In any special explosives train. shall not be conveyed in any special explosives train. and (b) not more than one hundred and twenty tonnes in any ordinary goods train. heavy machinery. Prohibition against conveyance of flammable goods Positioning of rail trucks in special explosives train Positioning of rail trucks in ordinary explosives train Positioning of dangerous goods . within the context of these Regulations. 364. be considered to be dangerous goods. Any rail tanker. and at least two bogies or three short rail trucks either empty or loaded with non-dangerous goods shall be placed between the van at the rear and the last rail truck containing explosives. In any train. 363. or any truck loaded with inflammable liquid drums. In any ordinary goods train. telegraph poles or any other similar materials shall. rail trucks containing explosives shall be separated from other rail trucks containing dangerous goods by at least one bogie or two short rail trucks containing non-dangerous goods: Provided that any rail truck containing non-dangerous goods such as lime. rail trucks containing explosives shall be placed as near the centre of the train as possible and the first and last rail trucks containing explosives shall be separated from the rest of the general goods rail trucks by at least two bogies or three short rail trucks which may contain non-dangerous goods to the front of the first rail truck containing explosives and at least two bogies or three short rail trucks which may contain non-dangerous goods to the rear of the last rail truck containing explosives. rails.

Electric detonators Labels on rail trucks Responsibility of railways official for labels 369. (1) Any rail truck containing explosives other than detonators or capped fuses shall have a label clearly visible on the outside of such truck bearing the word "EXPLOSIVES". shall be labelled as to its condition. approved 370. No explosives rail truck containing explosives shall be permitted to stand in any city or town siding or adjacent to any city or town centres or any other place where it could be a danger to life or property except during brief halts. Every train containing electric detonators shall comply with the requirements of regulation 122. (1) Any special explosives train containing ten or more rail trucks Limitation on containing explosives shall run at a speed not exceeding thirty-two speed . A special explosives train shall transport the explosives anywhere Route in the Republic but only by the most direct and quick route available at the material time. except during loading and unloading operations. whether loaded or empty.366. 367. (3) Any explosives rail truck. (4) Any rail truck containing explosives shall. 368. Every rail truck used for the conveyance of explosives shall be of Rail truck to be a type approved by the Chief Inspector. be kept locked with an approved type lock. Prohibition against stopping of rail trucks and trains 372. (2) Any rail truck containing detonators or capped fuses shall have a label clearly visible on the outside of such truck bearing the word "DETONATORS". A railways official finding any explosives rail truck not labelled in accordance with regulation 367 shall not permit such rail truck to proceed until such time as he has himself labelled it or caused it to be labelled. 371.

kilometres per hour. for the purpose of these Regulations. rail trucks 376. (2) Any train transporting explosives shall be accompanied by a competent person whose duty it shall be to ensure that the maximum allowable speed referred to in sub-regulation (1) is not exceeded. 377. If any defect is found in any rail truck containing explosives. where it is impracticable to conform to any requirement of any regulation applying to a magazine. . the matter shall be reported immediately to the railway authority concerned and the truck shall not be permitted to proceed until such defect has been remedied: Provided that in any operation to rectify such defect no welding shall be permitted. 374. Unloading at final destination Reporting of defective braking mechanism Safe loading bay 378. Loose shunting and fly shunting of any explosives rail truck is strictly prohibited. be unloaded Unloading of at any place other than a magazine except in an emergency. A safe loading bay shall. The shunting of any explosives train or any truck containing Shunting explosives shall be carried out in the safest possible manner and such shunting shall be kept to the absolute minimum. rail trucks containing explosives shall be taken into a safe loading bay approved by the Chief Inspector and shall be unloaded as quickly as possible. No rail truck containing explosives shall. 375. 373. Where no magazine area is available. the Chief Inspector may grant exemption from such requirement upon such conditions as he may deem fit to impose. be Definition of deemed to be a magazine and regulations applicable to any magazine safe storage bay shall apply to any safe storage bay: Provided that. When any rail truck containing explosives reaches its final destination it shall be taken into a magazine area where it shall be unloaded as quickly as possible. at any time.

both vacuum and hand brakes shall be applied immediately and a stop block or similar appliance placed across the rails beneath the wheels of such rail truck before the locomotive is permitted to disconnect and move away. and if they deem or either of them deems it to be necessary. Where any rail truck containing explosives comes under the jurisdiction of a railway authority such railway authority shall ensure that no rail truck containing explosives is at any time left unguarded. Where any rail truck containing explosives in any safe loading Standing in safe bay cannot be unloaded immediately owing to its contents being loading bay destined for several different consignees. such truck shall be kept locked at all times when loading operations are not being undertaken. If at any time during the transportation of explosives by rail any rail truck containing explosives is involved in an accident or incident the Chief Inspector or an Inspector of Explosives shall be notified of the accident or incident forthwith. or where the truck is partially unloaded but not completely unloaded. 382. at any time. in the lawful execution of his duties. such unloading shall be under the supervision of a blasting licence holder although the key of the lock required to be provided in accordance with regulation 367 may be in the possession of a suitably competent person who is not a blasting licence holder. and such direction Vacuum and parking brakes and stop block when unloading Notification of accidents and incidents to rail trucks . Where. or cause to be opened. The suitably competent person specified in regulation 380 shall not at any time open. orders such person to open such truck. 381. any rail truck so involved shall not be moved until it has been examined by an Inspector of Explosives who shall direct whether or not such truck may continue its journey. any truck containing explosives unless a blasting licence holder is present or unless an officer referred to in section eleven of the Act. any rail truck containing explosives is being unloaded.379. 384. Unloading under supervision of blasting licence holder Rail truck only to be opened in presence of blasting licence holder Railway authority responsible for effective distribution scheme 383. 380. Where any rail truck containing explosives has been positioned adjacent to any magazine or in a safe loading bay for unloading.

in which the retaining timbers are not installed. by number. to the Chief Inspector. by number. (3) It shall be the responsibility of the holder receiving any truck containing explosives to ensure that the competent person appointed by him to be in charge of unloading any such truck shall report to him forthwith(a) any such truck. by number. which is not locked and sealed. (1) It shall be the responsibility of the manager of any explosives Illegal acts factory to ensure that every rail truck loaded with explosives shall not leave the factory until such time as the retaining timbers are installed in the doorways. and (b) whether or not timbers and/or locks were found when he received the empty truck. the doors are locked and the truck is sealed. forward the details of such report to the Chief Inspector. . (5) It shall be the responsibility of the holder to ensure that any empty explosives rail truck leaving his premises shall have the retaining timbers in the truck and the doors locked. by the quickest means possible. (b) any such truck. (4) The holder shall.shall be followed. (2) It shall be the responsibility of the manager of any explosives factory to ensure that the person responsible for loading the explosives shall also record in a book provided for the purpose(a) the number of the truck. (6) The manager of any railway authority shall ensure that any person in charge of any train containing loaded or empty explosives rail trucks that such trucks shall at all times be locked and in the event of any such truck being found unlocked report such truck. 385.

No person shall negligently or wilfully drive any locomotive Restrictions on pushing or pulling any rail truck containing explosives in such a manner rail trucks as to endanger the safety of any person or premises. Where an aircraft conveying explosives is involved in an accident Information or incident the Chief Inspector shall be informed of the accident or the about aircraft incident. move any such aircraft. keys and seals are available at all times and that such locks and keys are issued against the signature of any person required to receive such locks or keys. without the prior authority of an Inspector of Explosives. PART IV TRANSPORTATION OF EXPLOSIVES AT ANY MINE OR WORKS . No person shall smoke within thirty metres of where explosives are being loaded into or unloaded from any rail truck or within four metres of any rail truck loaded with explosives. and no accidents person shall. No person shall carry any explosives in an aircraft registered in the Republic except with the prior permission of the Director of Civil Aviation and the Chief Inspector and subject to such conditions as they or either of them may deem fit to impose. Prohibition on smoking Prohibition on explosives in aircraft 389. containing explosives 387. or touch or meddle with the explosives lying therein. by the quickest means possible.(7) The manager of any explosives factory shall ensure that sufficient and suitable locks. (8) The manager of any explosives factory shall ensure that there is available at all times a sufficient quantity of retaining timbers. as the case may be. 388. 386.

if he deems it necessary. be maintained in good working order. 402. (d) any lift: Provided that every such vehicle or conveyance shall be of sound construction. be provided with a mechanical device for locking such bucket in the carrying position. and of a type approved by the Chief Inspector. (c) any conveyance attached to any winding plant or any approved lifting appliance. siren. hooter or automatically operated bell. (2) Where at any mine or works the scale of operations requiring explosives is in the opinion of the Chief Inspector of a large magnitude he may. (b) (c) have a red flashing light clearly visible for at least sixty metres. Requirements of rubber tyred (a) have the compartments in which explosives are carried lined internally with wood which has been rendered non-inflammable or with vehicles such other material as may be approved by the Chief Inspector. require that the transportation of explosives on the surface shall only be permitted in an authorised road vehicle equipped in accordance with regulation 340 or in a rail truck approved in accordance with regulation 369. adequate strength and free from any patent defect. (b) any vehicle running on rails whether propelled by a locomotive or by hand. . (1) At any mine or works. suitable material. explosives may be transported from any licensed magazine to an authorised magazine or box. have a klaxon. When transporting explosives every rubber tyred vehicle shall- (d) where explosives are carried in the bucket of such vehicles. sanctioned magazine or storage box or from any such magazine or box to the work place by- Permitted types of conveyance for transportation of explosives at any mine or works (a) any rubber tyred vehicle propelled by a diesel engine.401.

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

Requirements for vehicles running on rails

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

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

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

Explosives in transit under a blasting licence holder

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

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

Permitted storage places

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

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

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

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

Electrical wiring Electrical switches and fuses Power lines

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

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

Destruction by order

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

Loitering prohibited

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

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

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

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

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

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

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

(i)

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

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

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

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

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

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

Licensed magazines: General conditions

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

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

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

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

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

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

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

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

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

(d) issued in rotation. NO SMOKING" painted on the outside.notice bearing the words "DANGER. (h) provided with a fire extinguisher of an approved type hung on a bracket outside the magazine. which shall either be a through current of air or a compressed air line of not less than twenty-five millimetres inside diameter. (4) The fee payable in respect of such sanction shall be fifty fee units. (c) stored in such a manner that the marked dates are clearly visible. those stamped with the earliest date of manufacture shall be issued first. that is to say. (b) when first received into the magazine clearly marked with the date of receipt as well as the stamped date required under paragraph (c) of regulation 536. (3) Explosives stored in any sanctioned magazine shall be(a) stored on shelves. where explosives are of the same type and size. (a) Any underground box used for the storage of explosives shallnot be used to store more than two cases of twenty-five Underground storage boxes: . 13 of 1994) 543. (e) be removed only from such magazine in such quantities as are required for immediate use: Provided that explosives for only one day's use may be removed for storing in underground storage boxes. (As amended by Act No. (g) provided with adequate ventilation. EXPLOSIVES MAGAZINE. (f) provided with shelves of wood with all nails and screws countersunk and there shall be no exposed metal fittings except of non-sparking materials.

Where any magazine or authorised box is not required to be used Notification of for the storage of explosives for an indefinite period. permit the issue or use of such explosives under such conditions as he may impose. (c) be equipped with an approved type of lock. 547. Not more than six boxes of explosives shall be grouped together in any one place and any box containing detonators shall be positioned at least ten metres away from any box containing any other explosives. (f) only contain one type of explosive to each box. (1) Explosives issued for use shall be used within six months from Explosives to the date of manufacture thereof and the detonators and blasting initiators be used within may be stored for such periods of time as the Chief Inspector may six months determine. (2) The holder shall ensure that any explosives not issued for use or issued for use but not used within six months of the date of manufacture thereof. (b) be of sound construction and if constructed of steel be lined with wood or other approved material so that there is no exposed metal on the inside.kilograms of nitro-compounds or blasting agents or five hundred detonators. Location of underground storage boxes Register of underground storage boxes 546. (3) For the purpose of this regulation the date of manufacture is the date required to be stamped on any case or carton in accordance with sub-regulation (2) (f) of regulation 270. (e) be painted red and each box shall be labelled according to its contents and shall be numbered. or permanently. General conditions 544. or any other time specified for their use but not used within such time. who may. class of contents and position of each underground box shall be kept by the holder. A register showing the number. the closure of . shall be reported to the Chief Inspector. 545. after inspection thereof. (d) be kept at a safe distance from any blasting operation in a dry and secluded place and in good repair and condition.

such person shall make an application to an Inspector of Explosives in the Form 1 set out in the Third Schedule. purchase. Application 602. acquired or possessed by any person. acquire and possess: Procedure 605. The transportation of any explosives from a place outside of the Republic through the Republic directly to another place outside of the Republic shall not be deemed to be importation or exportation. be authorised 603. SALE. EXPORTATION. No person shall import. (2) Upon receipt of an application to purchase. 604. (1) Before any explosives may be purchased.holder shall cause all explosives to be removed from such magazine or box and shall give written notice of the removal thereof to the Chief Inspector within fourteen days of such removal. but any such explosives in transit shall only be of a type approved by the Chief Inspector and these Regulations and any special conditions the Chief Inspector may deem fit to impose shall apply to all such explosives in transit. acquire or possess . magazine PART VI IMPORTATION. Explosives in transit through the Republic Persons under twenty-one years Permit to purchase. sell. No person shall import into or export from or cause to be Importation and imported into or exported from the Republic any explosives without the exportation to written authority of the Chief Inspector. export. acquire or be in possession of explosives otherwise than in accordance with these Regulations. PURCHASE OR ACQUISITION 601. acquire and possess explosives shall be issued to any person under the apparent age of twenty-one years. No permit to purchase.

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

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

licence. holder to carry make a primer. No person shall. Explosives not to be taken explosives factory or works any explosives without the written away permission of the holder. and (b) the Chief Inspector. who are . No person shall use any explosives otherwise than in accordance Application with these Regulations. No person shall bury. Secretion and abandonment of explosives Tampering with locks of magazines and storage boxes 704. No person shall break or force or tamper with any lock of any magazine. Theft or loss of explosives to be reported 702. submerge or otherwise secrete or abandon any explosives. No person shall take away or attempt to take away from any mine. attempted theft or loss of any explosives held by him under any permit. unless he is the holder of a blasting licence Blasting licence issued in accordance with these Regulations. nor shall any person store or leave explosives unattended in such a manner or for such a period that it is possible for unauthorised persons to have access thereto. 802. attempted theft or loss occurred. namely: (a) the senior police officer of the district in which such theft. press home. authorisation or sanction to the following persons. or except for the purposes and at the places specified in any permit issued in respect thereof. The holder shall report forthwith in writing any theft.701. tamp or fire any charge or conduct any out blasting blasting operation: Provided that the holder of a blasting licence may be assisted in any of the aforementioned operations by one or more reliable persons. cap a fuse with a detonator. box or rail truck containing explosives without the written permission of the holder or an officer specified in section eleven of the Act. 703. PART VIII USE OF EXPLOSIVES 801.

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

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

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

where such capped fuse or electric detonator and a blasting cartridge is being used to fire a secondary blast on a grizzly. be reported to the Chief Inspector by the licensee or the employer. (2) The Chief Inspector may. Any primer cartridge used to fire a "bomb" comprised of blasting Position of . (2) A detonator when fastened to safety fuse by these approved means shall within the meaning of these Regulations be termed a capped fuse. after calling for a written statement with regard to the circumstances in which the loss occurred.the discovery of such loss. 13 of 1994) 811. as far as is reasonably practicable. that should the blasting cartridge move for any reason whatsoever from its position then such capped fuse or electric detonator will be separated from such blasting cartridge. 813. as the case may be. detonating fuse or electric detonator cannot be inadvertently withdrawn from the blasting cartridge: Provided that. detonating fuse or electric detonator shall be Primer cartridges inserted into a blasting cartridge in an approved manner and shall be securely fastened to such blasting cartridge by means of string or any other means approved by the Chief Inspector so that such capped fuse. the capped fuse or electric detonator shall not be securely fastened to the blasting cartridge but the fuse of such capped fuse or the wire of such electric detonator may be draped around or secured to the grizzly so as to ensure. detonating fuse or electric detonator inserted into a blasting cartridge in the manner specified in sub-regulation (1) shall within the meaning of these Regulations be termed a primer cartridge. issue a replacement of any blasting licence if satisfactory evidence of identification has been produced by the licensee. (1) Any capped fuse. and the fee in respect of such replacement shall be thirty fee units. (As amended by Act No. blasting licence Fastening detonator to fuse 812. (2) Any capped fuse. (1) No person shall fasten any detonator to safety fuse except by means of approved crimping pliers or a crimping machine supplied by the holder for that purpose.

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

820. Tamping rods 823. 818. No person shall. 821. No person shall remove the tamping from any hole except for the Tamping not to purpose of treating misfires in accordance with sub-regulation (1) (c) of be removed regulation 837. 819. interfere with or remove the wrapper around any such cartridge. No person shall use any implement except one made of or from wood or other approved material when charging or tamping holes. open. No person shall remove explosives from any hole unless such person is the holder of a blasting licence: Explosives not to be removed from holes Provided that a person undergoing a course of training prior to being examined for a blasting licence may remove such explosives but only under the direct supervision of the holder of a blasting licence. insert tamping between blasting cartridges or space load or deck cartridges charge any hole. except with the prior written approval of the No tamping Chief Inspector and subject to such conditions as he may deem fit to between impose. (1) Any plug used for the plugging of sockets or misfired holes shall be of a type approved by the Chief Inspector. who is responsible for such person during his training. (2) No person other than the holder of a blasting licence shall remove Plugs . 822. No person shall charge or attempt to charge any hole which is not Explosives not of sufficient size to admit freely the explosives together with any fuse if to be forced into used into any such hole and neither shall he hit nor forcibly press nor holes ram any explosives into any hole. fine Tamping sand or clay unless such material has been approved by the Chief Inspector.except when preparing a cartridge for the insertion of a detonator or be removed detonating fuse. No person shall use as tamping any material other than water. 824.

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

828. such manager may temporarily alter or amend such schedule and he shall ensure that every official and person in charge concerned is notified of such alteration or amendment. No person other than the person in charge or an official in the course of his duties shall remain or be permitted to remain in a position misfired holes where his safety may be endangered whilst any misfire or hole containing explosives is being rendered safe: Provided that the person in charge may be assisted in rendering a misfired hole or a hole containing explosives safe by one or more reliable persons who are not the holders of blasting licences acting under his direct supervision and the person in charge shall take all reasonable precautions to prevent any accident occurring to such persons through their ignorance. 831. and no person shall deviate from such position Marking of position of holes Making safe 830. inexperience or carelessness. (2) The mine captain or more senior official in charge of any section of Primary blasting schedules . and such reliable persons shall include any person undergoing a course of training prior to being examined for a blasting licence. No alteration or amendment to such schedule shall be made less than one hour or more than twenty-four hours before the commencement of the first shift to which such alteration or amendment applies: Provided that. No person shall drill any hole unless the exact position and direction of such hole has been pointed out and where possible marked with chalk or other suitable material by the person in charge. No person shall drill or cause or permit any subordinate to drill Distance of any hole within one hundred and fifty millimetres of any socket or allow drilling from such hole to be pitched so as to approach within one hundred and fifty sockets millimetres of any such socket. in case of an emergency in order to prevent danger to life or property. 829. (1) The manager of any mine or works shall cause a schedule of times to be arranged during which all primary blasting in any part of a mine or works shall take place and he shall ensure that any blasting in one part shall not expose any person to danger in any other part.

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

(4) If. and all other persons not engaged in assisting him shall be removed by him to a safe place so as to ensure that such persons are not endangered by such operation excepting that a shiftboss or more senior official in the course of his duties may remain. (d) prepare any charges for secondary blasting only in accordance with these Regulations and such charges shall be blasted immediately after they have been prepared and shall at no time be left unattended. (b) during any charging operation be responsible for the safety of any person assisting him in such operation. NO ENTRY" so as to prevent any person inadvertently entering such place. A blasting licence holder shallDuties of blasting licence holder (a) satisfy himself that before charging any drill hole with explosives such drill hole is clean. .deemed to be necessary. the manager shall ensure that there is in force a secondary scheme for the systematic control of all such secondary blasting and blasting such scheme shall ensure that any such secondary blasting in any part of the mine or works shall not expose any person to danger in any other part. in the opinion of the Chief Inspector. or (ii) to be effectively guarded. 833. (3) No person shall enter or cause or permit a subordinate to enter any place where secondary blasting has occurred until the expiry of the re-entry period scheduled for that place. shall cause all entrances to that place where such holes are situated(i) to be effectively barricaded and each such barricade shall be clearly marked "CHARGED UP AREA. (c) charge any holes to be blasted at primary blasting time only within a reasonable time before blasting and. (2) A schedule showing the re-entry period after secondary blasting in any part of the mine or works shall be posted on the surface where it can be easily seen at any time by every person concerned. there shall be substituted such re-entry period as he may in writing require. if such charged holes for any reason whatsoever are to be left unattended before being blasted. any re-entry period is insufficient for the removal of dust or fumes which might occur.

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

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

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

(b) such person in charge shall be the holder of a blasting licence valid for the operation for which he is responsible. (3) Current from telephone.835. Blasting cables (b) a multi-core sheath having green and yellow markings on the sheath. shall be under the supervision of a competent person. (1) At any mine or works the following provisions shall apply. signalling or lighting circuits or from any source other than an approved blasting apparatus shall not be used in blasting circuits. that Duties of is to say: person in charge (a) any person who is employed where rock drilling and blasting operations are being carried out. 836. (4) The person in charge shall be the first person to enter each working place assigned to him and the immediate approaches thereto and he shall . (3) Within the meaning of these Regulations any person who is the holder of a blasting licence may be appointed a person in charge. (2) Blasting cable shall not be used for any other purpose than blasting. who for the purpose of these Regulations shall be referred to as the person in charge. (2) Every working place where drilling and blasting operations are being carried out or in any operation at any such place where danger may arise from explosives shall be under the direct supervision of a person in charge. (1) Every blasting cable shall be readily identifiable as follows: (a) or twin twisted flex having one green sheath and one yellow sheath. or who is employed in any other operation where danger may arise from the presence of any explosive.

walls and face of such working place and approaches thereto are free from all loose rock which may cause danger. the person in charge may be accompanied by one or more persons to assist him in making safe such working place and any other person working in it. (5) A shiftboss or more senior official being the holder of a blasting licence may. (6) Whilst making safe any working place and the approaches thereto the person in charge shall be responsible for the safe disposition of his subordinates in suitable and safe places. (c) plug any misfired hole or hole that may have misfired that is visible with an approved socket plug and mark such misfired hole or hole that may have misfired with a white or other suitably coloured circle: . (8) In his examination for making his working place safe in accordance with sub-regulation (4) the person in charge shall(a) satisfy himself that there is adequate ventilation. and he shall be responsible for the safety of any person assisting him in such operation.examine and make safe or cause to be made safe each such working place and the immediate approaches thereto before permitting any work to take place. and shall ensure that the provisions of these Regulations are observed by any person in such working place and the immediate approaches thereto whether such person is under his personal supervision or not. and ensure by physical examination that the roof. (7) Notwithstanding the provisions of sub-regulation (4). in the execution of his duty. enter any working place before the person in charge: Provided that where he observes anything that is unsafe he shall immediately take such precautions as may be necessary to prevent any person entering until such time as he has either made the place safe or informed the person in charge of the unsafe condition. (b) thoroughly wash down. or where no water is available scrape down.

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

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

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

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

(2) Any primer used to detonate any pre-charged hole shall only be inserted immediately before blasting. Every shiftboss shall cause every pre-charged area within his Inspection of Plugs not to be removed .(4) No person excepting those persons engaged in the charging of any hole and priming or detonation of any precharged hole and officials in the course of their duties shall enter a pre-charged area except with the authorisation of the shiftboss. (5) Explosives may be left unstored and unattended within the barriers of a pre-charged area when in the opinion of the shiftboss it is impracticable or unduly onerous to return such explosives to safe storage: Provided that such procedure shall only be permitted when charging operations have to be interrupted in order to clear the area of persons so as to comply with a primary blasting schedule. 842. Pre-charged holes to be plugged Charging of pre-charged holes (2) Any pre-charged hole where detonating fuse forms a part of the charge shall have the free end of such detonating fuse neatly coiled and inserted into such pre-charged hole before the approved plug is inserted. 841. (1) Every pre-charged hole shall be securely plugged with an approved plug. No person shall remove any plug or detonating fuse from a pre-charged hole except for the purpose of blasting such pre-charged hole: Provided that an Inspector of Mines or an official in the course of his duties may remove such plug for the purpose of inspection. 843. 844. (1) No pre-charged hole shall contain any explosives within two metres of the collar of such hole excepting that this shall not apply to any detonating fuse or to any primer used to detonate such hole.

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

(iii) ensure that no oil lubricating bottle is connected into such line. (6) No person shall have a naked light or allow a subordinate to have a naked light within four metres of any explosives except for the purpose of initiating a charge. Pneumatic charging (ii) blow out the compressed air supply line so as to remove any moisture in such line. A blasting licence holder using pneumatic equipment to charge any hole with a blasting agent shall(a) (i) prior to charging such holeensure that such equipment is clean and in good working order. (iv) ensure that the earthing wire of such equipment is properly connected to earth and not connected to any water or compressed air pipe. Protection of 847. 848. is effectively protected against any possibility of becoming affected by water. (v) ensure that the charging hose is free from kinks and in good working order. rail or any other electrical earthing system. prior to being charged. (5) No person shall smoke or allow a subordinate to smoke within four metres of any explosives.Provided that on level ground explosives may be carried from their place of storage to the place where they are to be used in opened boxes. A blasting licence holder conducting any charging operation using a blasting agent shall take all reasonable precautions to ensure that blasting agents any blasting agent in his charge. (4) No person shall carry or allow any subordinate to carry any naked light whilst carrying explosives but may be accompanied at a safe distance by another person carrying such a light. (b) during the charging of such hole- .

Any hose connected to any pneumatic equipment being the hose used for the charging of any hole with blasting agents shall have a resistance of not less than sixteen thousand ohms per metre run and a resistance not more than one hundred megohms for its total length.(i) stop all charging immediately if the presence of static electricity or any stray current is detected and remedy or cause to be remedied such condition before resuming such charging operations. instructed to comply with regulation 833 (g). to count. the number of shots exploded. (1) When a blasting licence holder is required to place any person Duties of to act as a guard when he is conducting any blasting operation he shall guards personally ensure that each such person is(a) placed in the position he is to guard. 851. (b) instructed that he shall not leave such position until instructed to do so by the blasting licence holder himself. where practicable. (ii) ensure that any person involved in charging operations shall earth himself by placing his bare hands on the ground or sidewall before handling any explosives. (c) (d) (e) instructed not to permit any person to pass him. Pneumatic equipment to be approved Resistance to hoses 849. detonators or primers. . (ii) thoroughly wash such equipment. 850. (c) after charging such hole- (i) discharge any blasting agent remaining in such equipment into a bag and return such bag to a magazine or box. Any pneumatic equipment used to charge any hole with blasting agents shall be of a type approved by the Chief Inspector.

used for or associated with the manufacture. including Suitability of the anchoring and fixing appliances of all machinery and apparatus used machines as. or forming part of any equipment and all foundations in or to which any such appliances are anchored or fixed shall be of good construction. The regulations contained in this Part shall apply to the use. pile driver. No welding machine shall be operated within ten metres of any electric detonator or circuit containing such a detonator. excavator. and a hoist.(2) Every person placed to act as a guard in accordance with sub-regulation (1) shall fully comply with the requirements of such sub-regulation. welding machine and electric detonators PART IX MACHINERY 901. "lifting gear" means a chain sling. link. Prohibition. maintenance and inspection of any machinery or part thereof. 902. unless the context otherwise requires"lifting appliance" means a crab winch. in an explosives factory. crane. 903. sheer legs. Interpretation Application . rope sling. drag line. All parts and working gear. plate clamp. whether fixed or movable. hook. 852. pulley block or similar gear and a ring. swivel or eye bolt. "machinery" means every kind of mechanical or electrical appliance or part thereof and includes any conveyor and lifting appliance. In this Part and in all other Parts subsequent thereto. of explosives for sale commercially. aerial cable way or overhead runway. gin wheel or similar equipment used for raising or lowering.

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

Audible warning device for lifting appliance Stability of lifting appliance 912. (1) No person shall cross any moving conveyor except at an authorised crossing place. Ballasting diagram for lifting apparatus . Where the stability of a lifting appliance is ensured by means of removable weights a diagram or notice indicating the position and the amount of such weights shall be affixed where it can readily be seen. concrete. or (b) chipping or scaling painted or corroded metal surfaces or mechanically wire-brushing such surfaces. stone. metal. No lifting appliance shall be used- (a) on a soft or uneven surface. slag or similar materials where danger to the eyes may arise. masks or screens 909. or (d) treating stone. nor (b) unless it is securely anchored or adequately weighted by suitable ballast properly placed on the structure so as to ensure its stability. No machine shall be started if by so doing any person is likely to Precautions be exposed to danger unless adequate warning has been given that such when machinery machine is about to be started. or on a slope. in circumstances in which the stability of the appliance is likely to be affected unless adequate precautions are taken to ensure its stability. 911. and these shall be used by such persons when(a) grinding surfaces of metal. started 910. oxy-acetylene or similar process. The manager shall ensure that every lifting appliance on which the operator travels shall be fitted with an effective audible warning device. Crossing or riding on conveyors (2) No person shall ride on any moving conveyor. 913.person in the immediate vicinity. or (c) welding or cutting metals by means of an electrical. concrete or similar materials by means of a power-driven wheel or disc.

lifting appliances 916. Passageway to be provided 915.914. No lifting appliance shall be erected except under the supervision Erection of of a competent person. Except for rope blocks with a safe working load of nine hundred Safe loads and kilograms or less. every lifting appliance shall have plainly marked identification thereon its safe working load or loads and an identification mark. Any lifting appliance so constructed that the safe working load may be varied by the raising or lowering of a jib shall have either an automatic indicator of safe working loads or a table indicating the safe working loads. rope 919. No load shall be left suspended from any lifting appliance which No suspension is unattended and which may be a danger to any person. Automatic indicator or tables 918. gantry or other place where a lifting appliance having a travelling or slewing motion is used. On every stage. Any chain or rope which terminates at the drum of any lifting Securing of appliance shall be properly secured thereto and at least three turns of chain or rope such chain or rope shall remain on the drum in every operating position of such appliance. 920. an unobstructed passageway not less than six hundred millimetres wide shall be maintained between the nearest part of the appliance at any time in the course of its movement and the guard rails. from unattended appliance . except where the design of such appliance permits less than three turns. Any drum or pulley round which the chain or wire rope of any Provision for lifting appliance is carried shall be of suitable diameter and construction chain or wire for the chain or rope used thereon. fencing or any nearby structures: Provided that if at any time it is impracticable to maintain such a passageway all reasonable steps shall be taken to prevent the access of any person to the place where the lifting appliance is in motion and obstructing free passage. marks 917.

925. lowered or carried by any lifting appliance except on the driver's platform. 927.921. 926.5 times lifting appliance the safe working loads for ordinary lifting duty when the crane is standing on level ground. in weight not less than 1. The controls of any lifting appliance shall be suitably placed and Suitable so constructed as to prevent accidental or inadvertent operation of such controls controls. be inspected for defects by a competent person before use.975 times the safe working loads of the crane for ordinary lifting duty when the crane is standing on level ground. as far as the construction permits. 923. No lifting appliance shall be operated otherwise than by Inspection before use Competent . No lifting appliance or any part thereof shall be loaded beyond the No appliance to safe working load: be loaded beyond safe load Provided that for the purpose of making tests of any such appliance the safe working load may be exceeded by such amount as a competent person appointed to carry out the tests may authorise. Persons not to ride except on platform 924. (1) Power-driven mobile cranes shall be so constructed as to hold Safety factor for without overturning a sustained load. Every lifting appliance shall be provided with an efficient brake or brakes or other such safety device which will prevent the fall of the load when suspended and by which the load can be effectively controlled. No person shall be raised. Any lifting appliance and all plant or gear used for anchoring or fixing such appliance shall. Efficient brakes to hold load 922. in weight not less than 1. (2) Cranes used for grabbing duties shall be so constructed as to hold without overturning a sustained load.

or order any other person to work on or near. (b) (c) (d) close planked or plated. (2) Any overhead track upon which a travelling lifting appliance moves shall be provided with effective stops at its ends. adequate strength. suitable material. free from patent defect and maintained in good condition. 931. Any signal given for the movement or stopping of any lifting appliance shall be distinctive in character and such that the person to whom it is given is able to see or hear the signal distinctly. provided with safe means of access. 929. person only to operate lifting appliance Distinct signals to be given 928. (1) No rail track on which a travelling lifting appliance moves shall be used unless it is of good construction. 933. Brakes on travelling mechanism of lifting appliance No person to work on lifting appliance 932. or by a person under the direct supervision of a competent person for the purpose of training. Every part of a load shall be adequately secured whilst being raised or lowered by any lifting appliance. Suitability of track upon which lifting appliance moves 930. Load to be secured . Every power-operated travelling lifting appliance shall have effective brakes fitted to the travelling mechanism. beAny platform used for the operation of a lifting appliance shall Provisions for platform (a) of sufficient area for all persons required to work thereon to do so in safety. and provided with guard-rails and toe-boards. No person shall work on or near.a person competent to operate that appliance. any wheel track of any travelling lifting appliance in any place where he would be liable to sustain injury by the passage of such lifting appliance unless adequate precautions are taken to ensure his safety.

and at other prominent and convenient places where lifting gear is regularly used. adequate strength. 936.934. shovel or similar excavating equipment if adequate precautions are taken to ensure the safety of persons. Provisions for all lifting gear (c) the safe working loads of all lifting gear shall be that determined by a competent person. (e) (f) all lifting gear shall be visually examined before use. a table showing the safe working loads(i) (ii) of every size and kind of lifting gear in use. no lifting gear which is defective shall be used. 935. The following provisions shall apply to all lifting gear: Record to be kept (a) no lifting gear shall be used unless it is of good construction. oil or grease and if any such rope has been so exposed it shall be destroyed forthwith. (h) no artificial fibre ropes shall be used where there is a danger of damage to the rope by heat. oil or grease. Any container used for raising or lowering material shall be so designed as to prevent spillage: Containers to be designed to prevent spillage Provided that this regulation shall not apply to a grab. sound material. The manager shall ensure that there is maintained a record showing the condition and location of all lifting appliances with a safe working load in excess of nine hundred kilograms. acid. except for the purpose of making tests. (d) no lifting gear shall be used for any load exceeding the safe working load. and of every multiple sling at different angles of the sling legs. (b) there shall be posted at the store in which such lifting gear is kept. (g) no vegetable fibre rope shall be exposed to any acid. free from patent defect and maintained in good condition. .

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

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

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

(3) Every safety valve shall be so installed that(a) it is mounted on or as near as possible to the boiler shell. such safety valve is fitted with a suitable drain. the compression nuts shall abut against metal stops or washers at the working load compression to prevent such safety valve being loaded to beyond the authorised maximum working pressure. (c) where loaded by a weight or spring action on a lever. (b) no stop valve is placed between the safety valve and the boiler which it serves. adequate precautions shall be taken to ensure that the load settings of such safety valve cannot be altered by an unauthorised person. and the loading of such safety valves shall be such that at for boilers least one will lift when the authorised working pressure in such boiler is exceeded. and shall be free to rotate on its seat. Provision of 1006. the loading of such safety valves and the aggregate area available for the discharge of steam shall be such as to prevent an accumulation of steam pressure in the boiler greater than ten per centum above the authorised working pressure: Provided that one such safety valve shall be sufficient for any super-heater or economiser that can be isolated from its boiler. (1) At any point at which steam is taken from a boiler a stop . these arrangements shall be free from steam danger.safety valves. (b) where directly loaded by springs. (c) and (d) no person is exposed to danger from the discharge of such valve. (2) Every safety valve shall be constructed and installed so that(a) it can be easily freed from its seat at any time by lifting gear worked by hand from some accessible place. the load shall act only at the extreme end of such lever.

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

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

(4) The discharge from a blow down valve shall be conducted by means of a pipe into an open tank. 1012. Blow down valves 1011. (5) A blow down valve of two or more boilers shall not discharge into a common pipe. (6) Adequate safety measures shall be taken to ensure the safety of any person working on the piping system of any blow down valve between such valve and any tank. drain or sump fitted with adequate vents so situated and guarded as to prevent danger to persons. and where such flanges are not integral with the pipe or valve they shall not be fastened by means of screw threads alone. (1) Every boiler shall be provided with one or more blow down valves effectively placed. (2) Every joint between a boiler and a blow down valve shall be flanged.1010. (1) Any steam receiver not so constructed as to withstand with safety the authorised working pressure of the boiler or the maximum Steam receiver modification . drain or sump. No pipe or fitting shall be screwed directly into the shell of any Pipes and boiler: fittings not to be screwed into shell Provided that an Inspector of Machinery may give written exemption from this requirement. (3) No pipe between any boiler and blow down valve shall be in contact with any masonry or any supporting structure in such manner that it will be subjected to dangerous stress by the relative movement of various parts of such boiler. (7) Any key used to operate any main blow down valve shall be so constructed that it cannot be removed while such valve is in the open position.

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

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

(3) No masonry or casing of any boiler may be replaced before the prescribed examination and test by hydraulic pressure has been carried out except with the permission of an Inspector of Machinery. (1) A record shall be kept for every boiler installed at any mine which shall contain the following particulars: Record of particulars and information on boilers Reduction of maximum working pressure (a) (b) (c) (d) the country of origin. Examination of hydraulic pressure (2) Any boiler having an authorised working pressure of five bars or more shall be hydraulically tested to not more than 1. . the location and official number. (1) If an examination reveals that any boiler can no longer be worked safely at the authorised working pressure originally specified and the manager considers it inadvisable to have the necessary repairs made. an Inspector of Machinery may specify a lower working pressure and such lower pressure shall be recorded in the boiler record book. (2) If on examination any boiler is found to be in a dangerous condition.2 times such pressure plus four bars. date of manufacture and name of maker. 1016.replaced. the authorised working pressure in bars. 1017. 1018. (1) Any boiler having an authorised working pressure of less than five bars shall be hydraulically tested to double such pressure. the technical description and history. an Inspector of Machinery may order such boiler to be shut down and such boiler shall not be used again until such time as it has been examined by an Inspector of Machinery and he is satisfied that such boiler is safe to operate.

an entry to that effect shall be made. (3) The manager shall ensure that notice is given to the Chief Inspector when any(a) major repairs or any design or structural alterations are to be executed to any boiler. (f) the dates on which the boiler is hydraulically tested. Every air receiver shall have marked upon it so as to be clearly Particulars to be . The provisions of sub-regulations (1) and (2) of regulation 1004 Regulations not and regulation 1008 shall not apply to evaporators operated above applicable to atmospheric pressure. 1019. Every evaporator shall be fitted with at least one suitable safety Safety valves valve which shall be so loaded that it will lift when the authorised for evaporators working pressure of such evaporator is exceeded. boiler is moved from one location to another. evaporators 1021. the test pressure applied and the result of the test. (b) part of any boiler is damaged so as to affect its authorised working pressure. 1020. (b) If no work is carried out on any boiler in the course of any calendar month. (2) (a) Every entry in a boiler record book shall be signed by the person responsible for carrying out the work therein described.(e) the dates on which the boiler is cleaned or examined and the condition of such boiler at the times of such examinations. (c) (d) (e) boiler is being disposed of. and (g) details of any repair made to the boiler or its fittings. and boiler is out of commission for more than three months.

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

(1) Every air receiver shall have at least one reliable pressure gauge so connected that it may be changed when the receiver is in use. Every air receiver shall be(a) examined internally by a competent person at intervals not exceeding twelve months and shall be tested by hydraulic pressure to the satisfaction of an Inspector of Machinery at intervals not exceeding two years. and from carbonised oil and other material liable to ignition. (2) Every air receiver shall be drained with sufficient frequency to ensure that no dangerous amount of water or sludge is allowed to accumulate. 1027. whichever is the lesser pressure. be kept clean and free from water. No pipe. shall be provided with a pressure relief valve or other automatic device capable of preventing an accumulation of pressure greater than that for which such air compressor was designed or ten per centum above the pressure for which the system into which the air compressor discharges was designed. (3) Every air compressor.5 times the Examination of air receivers Drain valves Pressure gauges for air receivers . 1026.(7) Every air compressor. (2) The dial of every pressure gauge shall be calibrated in bars and shall have a range greater than the authorised working pressure of such receiver by not less than twenty per centum and not more than one hundred per centum. (1) Every air receiver shall be provided with at least one drain valve which shall be so arranged that persons operating it are not exposed to danger from the discharge from such drain valve. as far as is practicable. 1028. plug or fitting shall be screwed directly into the shell of Pads any air receiver. inter-cooler and their connections to air compressors shall. except one which discharges into an air receiver and cannot be closed off therefrom. 1025. air receiver. the pressure applied during such test shall be 1.

(2) Thermometers or pyrometers.authorised working pressure. . in an explosives factory. shall be fitted to the discharge pipes of all other compressors having a rating exceeding seven cubic metres of free air per minute. The provisions of regulations 1021 to 1030 inclusive shall not apply to any portable gas cylinder or working cylinder of any engine. of explosives for sale commercially. maintenance Application and inspection of any lift and any part thereof used for or associated with the manufacture. if it is so constructed that the internal surface cannot be thoroughly examined. Exemption for gas cylinders PART XI LIFTS 1101. the indications of which can be clearly read. handhole or other means which will allow the interior to be thoroughly cleaned and inspected: Provided that. (b) provided with a suitable manhole. and tests 1030. a suitable hydraulic test of the receiver shall be carried out instead of the internal examination. 1031. (3) The maximum temperature allowed shall be indicated by a red mark on the scale of each such thermometer or pyrometer. (1) Thermometers or pyrometers. the indications of which can be Fittings of clearly read. 1029. The results of any examination and test referred to in regulation Record of 1028 shall be suitably recorded and the record signed by the competent examinations person making such examination and test. and fusible plugs shall be fitted close to the outlet valves or thermometers and pyrometers discharge ports of all positive displacement air compressors having a rating exceeding seven cubic metres of free air per minute. The following regulations shall apply to the use.

Every lift installation and every part thereof shall be of good construction. (b) at least once in every thirty days at intervals not exceeding forty-five days. 1103. when such gates are closed. 1105. free from patent defect and shall be properly maintained. sheaves and safety appliances of each lift. 1106. (1) The manager shall ensure that a competent person is appointed to examine carefullySuitability of lift installation Appointment of competent person to examine installation (a) at least once in each week at intervals not exceeding ten days. no person shall ride upon the When persons . each entry shall be signed by such competent person. be entered in a register kept for this purpose and such register shall be kept at a suitable place. as soon as is practicable. adequate strength. the motor.1102. 1104. guides and all drums. suitable material. (2) The competent person appointed in accordance with sub-regulation (1) shall make a report of the result of any test. examination or inspection which shall. any person falling down such lift gates shaft or coming into contact with any moving part in such lift shaft. No lift installation shall be used until such use has been Certificate of authorised by the Chief Inspector and a Certificate of Permission issued. Permission such certificate shall be mounted behind glass in the lift car. the entire lift installation and all fittings and appliances in connection therewith. Except for testing or maintenance. (2) Every gate provided in accordance with sub-regulation (1) shall be equipped with an efficient interlocking or other device to ensure that such gate cannot be opened except when the conveyance is at the landing and to ensure that the conveyance cannot be moved away from the landing until such gate is closed. (1) Every lift shaft shall be effectively protected by gates so as to Provision of prevent.

being ignored: Provided always that in the case of any lift in which such conveyance or counterweight is suspended by more than two ropes fitted with appliances for equally distributing the load. if any. Ropes . In every lift installation efficient automatic devices shall be provided and maintained which shall ensure that the platform or conveyance does not overrun the highest or lowest point to which it is for the time being constructed to travel. (3) No rope shall be used for supporting a lift conveyance or counterweight when the breaking load at any point therein has become reduced to less than five times the maximum working load. (1) No rope shall be used for supporting a lift or counterweight unless it is of good quality and manufacture and of adequate strength and free from any defect. In every lift installation efficient devices shall be provided and Failure of ropes maintained which will support the conveyance together with its safe working load in the event of failure of the ropes or any other part of such installation. (2) Any such rope shall be made of wire. 1107.platform of any lift authorised for the carriage of goods or material only. but no rope shall have a lower factor of safety than 3. Every lift installation used for carrying persons shall be provided with a conveyance which is so constructed as to prevent any conveyance person carried from falling out or being trapped between any part of such lift or from being struck by articles or material falling down the lift shaft. forbidden to and there shall be a legible notice clearly displayed on such platform so ride stating. the supporting effect of the other rope. a minimum factor of safety of 10 shall be allowed on the aggregate strength of all ropes. with respect to the maximum working load. 1108. and the gauge of the wires used in the construction thereof shall be suited to the diameter of the sheaves and drum. Overrun devices Construction of 1109. 1110.

in the case of lifts which run at a speed greater than one hundred metres per minute.5 metres. each of which shall have independent connection with the car or with the special connection bracket hinged thereto. A clear space of not less than one metre shall be provided Underrun and between the bottom of the lift shaft and the lowest point of the underside overrun clear of the lift car when the car is at its lowest landing and between the top of space the lift car and the underside of the overhead grating or floor when the car is at its top landing and also between the top of the counterweight and the underside of the sheave or beams when the lift car is at its lowest landing. No lift shall be used whilst repairs are being effected in the lift shaft. 1111. engine or motor shall be provided with an Brakes adequate brake which shall be kept in proper working order. (2) When the lifting and counterweight ropes are rigidly fixed to the drum there shall be at least one full turn of rope on the drum when they have run the limit. In every lift the drum. the safety of the apparatus to be judged by an Inspector of Machinery. 1113. the construction shall be such that there shall be no to drum dangerous slipping of the ropes on the drum under any possible working condition. each set of counterweights shall likewise be suspended by two ropes. 1112. Not to be used during repairs PART XII BUILDINGS AND CONSTRUCTION . 1114. (1) In the case of any lift where no part of the rope is rigidly fixed Fixing of ropes to the drum. the clear space at the top or bottom shall not be less than 1.(4) Every lift car operated by ropes shall be suspended by at least two ropes.

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

etc. (1) No skip. bucket. Skips. except in chair. basket. or be substantially added to or be altered or be dismantled. or (b) if it has a working platform more than five metres above the ground floor or other surface upon which it is erected. (2) No trestle scaffold shall be erected on a scaffold platform unless(a) the width of such platform is such as to leave sufficient clear space for the transport of material. such equipment shall only then be used under the supervision of a competent person. 1207. boatswain's chair or similar boatswain's equipment shall be used in place of a suspended scaffold. shall be examined at least once a week inspections by a competent person. 1206. buckets. otherwise than under the immediate supervision of a competent person and so far as possible by persons possessing adequate experience of such work.1 metres deep. special circumstances where the work to be performed therefrom is of such short duration as to make the use of a suspended scaffold unreasonable or where the use of a suspended scaffold is not reasonably practicable. (1) No trestle scaffold shall be usedTrestle scaffolds (a) if it is constructed with more than three tiers. inspection and erection 1205. and suitable measures shall be taken to prevent spinning or tipping and to prevent any occupant from falling therefrom. The manager shall ensure that every scaffold in use.found satisfactory by a competent person on every occasion before being put or taken into use. and (b) the trestles or uprights are firmly attached to such platform and . (2) No skip. (2) No scaffold or suspended scaffold shall be erected. together Frequency of with all fittings and connections. bucket or basket shall be used in place of a suspended scaffold unless it is at least 1.

(3) Any material being transferred on or to a scaffold or suspended scaffold shall be moved or deposited without causing any violent shock. 1208. (b) at least four hundred and sixty millimetres wide if the platform is used as a footing only and not for the deposit of any material thereon. gangway or run overlap each other or are not Planking guard-rails and too-boards on platforms Provisions for platforms . 1210. 1211. 1209. such as provision of adequate bevelled pieces. (2) No ladder scaffold shall be erected on any suspended scaffold. Any working platform from which any person is liable to fall more than two metres shall be(a) closely boarded.adequately braced to prevent displacement. (2) No crane shall be installed on any scaffold unless a competent person has satisfied himself as to the strength and stability of such scaffold. (1) Suitable measures. and (d) at least 1. planked or plated. (c) at least one metre wide if the platform is to be used for the deposit of material thereon. shall be taken to reduce to a minimum the risk of tripping and to facilitate the movement of barrows where boards or planks which form part of a working platform. (3) No trestle scaffold shall be erected on a suspended scaffold. (1) No scaffold or suspended scaffold shall be over-loaded No overloading of scaffolds Ladder scaffolds and material shall not be kept thereon unless needed within a reasonable time. (1) Every ladder scaffold shall be of adequate strength and used only for light work.2 metres wide if the platform is to be used for the support of any higher platform.

material or tool through the opening. being in no case less than one hundred and fifty millimetres. or in any working platform for a lift. (2) Every side of any working platform or working place. Where any person is employed in connection with any Working on construction work on the sloping surface of any roof structure.1 metres above such platform or place. or owing to warping or for some other reason do not provide an even surface. and a second being a knee-rail at a height of at least six hundred millimetres above such platform or place. (3) A clear passageway at least four hundred and sixty millimetres wide shall be left between one side of any working platform and any fixed construction or deposited material. there shall be provided where practicable and appropriate(a) sufficient and suitable ladders or crawling boards which shall be . until it becomes necessary to remove any fencing in order to complete the permanent structure or enclosure. material or tool from such platform or place.of reasonably uniform thickness where they meet each other. (b) toe-boards up to a sufficient height. and so placed as to prevent so far as possible the fall of any person. or for the hoisting of materials. Openings left in roofs or floors 1213. a person is liable to fall a vertical distance of more than two metres. 1212. be provided with a guard-rail and toe-board constructed in accordance with sub-regulation (2) of regulation 1211 or with a covering to prevent the fall of any person. shall be provided with(a) rails of adequate strength. or for access by workmen or for any other purpose during any construction work shall. except when access is required for any person or for the movement of any material. being a side from which a person is liable to fall a distance of more than two metres. one being a hand-rail at a height of at least 1. and then only if adequate precautions are taken for the safety of any person working in the immediate vicinity thereof. taking into account the inclination of the slope. Every accessible opening in any roof or floor of a building or structure. shaft or stairway. ground or sloping surfaces material from or down which. the nature of the surface or material and the state of the weather.

run or working platform shall be used for the passage of materials unless it affords a clear passageway which is adequate width for the passage of any material without the removal of any guard-rail or toe-board. staircase and working place shall be kept free from any unnecessary obstruction. gangway. projection or material. Any gangway.1 metres above such gangway. and Gangways and runs (b) the full width of such gangway or run. etc. (3) Where the slope of any gangway or run renders additional footholds necessary. there shall be provided proper stepping laths which shall be(a) placed at suitable intervals. of adequate strength and to a height at least 1.secured as soon as practicable. Platforms. 1216. staircase. 1215. to be unobstructed . and (b) a suitable working platform fitted with suitable guard-rails. except that they may be interrupted over a width of not more than one hundred millimetres to facilitate the movement of barrows. (1) No gangway. 1217. suitable and sufficient ladders. working place or exit from any Guard-rails for building from which a person is liable to fall a distance of more than two gangways. and in any case is not less than seven hundred millimetres wide.. working place or exit. projecting nail or any substance likely to cause any person to slip. metres shall be provided with a suitable guard-rail. staircase. duck ladders. and from any rubbish. persons on roof crawling boards or other means for facilitating his safe passage or safe working conditions shall be provided and used. Where any person has to pass over or work on any roof through Protection for which he may fall. 1214. Every platform. and in every case where the slope exceeds one vertical to four horizontal. etc. (2) No gangway or run shall be used if its slope exceeds one vertical to three horizontal.

When any working place becomes permanent. All demolition work and any operation incidental thereto shall be placed under the supervision of a competent person experienced in demolition operations. sewers or culverts. Before any steelwork or ironwork is cut or released. (b) so constructed as to provide a safe working place for every person employed thereat. 1222. it shall be(a) provided with a safe means of access and egress. (c) precautions shall be taken to prevent. When. in any construction work. so far as is practicable. 1221. roof or other part of any building shall be overloaded with debris or material in such a manner as to render it unsafe. precautions Removing shall be taken. as far as is practicable. 1219. Before any demolition work is commenced and also during the progress of such work- Competent person to be in charge of demolition Precautions to be taken during (a) no electric cable or apparatus (other than any cable or apparatus demolitions used for the operation) which is liable to be a source of danger shall remain electrically charged. and such person shall have charge of such work during the whole time such work is being carried out. spring or collapse of such steelwork or ironwork. (b) all practicable steps shall be taken to prevent danger to any person from the(i) (ii) risk of fire or explosion through accumulated gas or vapour. any accidental collapse of such demolition work or other operation which may endanger persons. No over-loading of floors. a scaffold or working place remains as part of the completed structure. to avoid danger from any sudden steelwork twist. 1220. No floor. so as to become an established working place. etc. provisions for safety .1218. and risk of flooding from water mains.

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

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

(1) Electrical apparatus shall not be installed where electrical apparatus is not already installed.000 volts. 1303. 1971. Subject to those Regulations (which shall prevail in case of conflict). unless the manager has served on the Chief Inspector notice of the intention so to do in such form as may be specified by the Chief Inspector. (c) "medium voltage" means a voltage normally exceeding 250 volts. (2) Nothing in this regulation shall apply(a) to the installation of electrical apparatus in which the installation of such apparatus was lawful before the 1st June. or blasting cables. the installation of any electric cable. Where there is installed electrical apparatus operating at a voltage in excess of medium voltage. (b) "high voltage" means a voltage normally exceeding 650 volts. there shall be keptInstallation Notice of introduction of electricity Plans and diagrams to be (a) at the office. switch-gear transformer and electrical apparatus of any kind at any mine shall conform to the Central African Standard Safety Code for the Electrical Wiring of Premises. 1305. and not exceeding 650 volts. plans or distribution diagrams showing the general kept electrical arrangement for all such apparatus as far as is reasonably possible. (b) at each main substation accurate distribution diagrams showing the electrical arrangement of each main circuit immediately associated with the substation's switch-gear: Provided that in a main substation having no more than three .(a) "extra high voltage" means a voltage normally exceeding 3. and not exceeding 3.000 volts. and has received from the Chief Inspector written authorisation for such installation. 1304. (d) "low voltage" means a voltage normally not exceeding 250 volts. or (b) to the installation of telephone and signalling apparatus.

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

1309. when such plant or equipment is unattended by an authorised person. (1) All electrical apparatus and every conductor shall be so selected. (b) electrical apparatus shall carry an effective means of identification. (1) The manager shall ensure that there is in force a scheme for the systematic inspection. all designed places of ingress shall be kept closed and locked to prevent unlawful access. installed. of any gas or other inflammable or explosive substance. the design. to prevent danger(a) electrical apparatus shall be kept clean. examination and testing shall ensure. 1311. 1310. by electrical sparking. No person shall wilfully damage any electrical apparatus or No person to . (3) Wherever necessary. protected. examination and testing of all electrical apparatus. Inspection. and is protected apparatus against any danger arising out of such use. construction and method of installation of any electrical apparatus shall be approved by the Chief Inspector. (2) Any person doing any work which may result in damage to any electrical apparatus shall take such action as may be appropriate to protect such electrical apparatus from damage. 1308. (1) No electrical apparatus shall be used unless it is of sufficient Suitability of power or capacity to avoid dangerous overloading. arranged. examination and testing of apparatus Protection of person and apparatus (2) Such inspection. (2) Wherever there may exist any risk of ignition. as far as is practicable.places of ingress. dry and clear of obstruction. the safety of persons. maintained and worked so as to prevent danger so far as is reasonably practicable.

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

Provided that the provisions of this sub-regulation shall not apply to any lamp-holder or to any electrical apparatus having approved double-insulation. (4) No switch. not be less than 2. except an earthed outer conductor of a concentric cable or a metallic covering of a cable used as an earthing conductor in accordance with the provisions of sub-regulation (3) of regulation 1313. any earthing conductor installed for the purpose thereof shall have a conductivity throughout. 1314.5 square millimetres and need not exceed seventy square millimetres.5 that of the conductor having the greatest current carrying capacity in relation to which it is provided. however. other than(a) (b) (c) flexible cables for portable apparatus. adequate precautions shall be taken to ensure that no dangerous potential exists between such earth plates. the equivalent copper cross section area shall. (2) Without prejudice to the generality of sub-regulation (1). this shall not preclude the use of an isolator in the neutral conductors of alternators or transformers. (1) The provisions of this regulation shall apply to all electric cables. not less than 0. shall be covered . the metallic covering of any cable may be used as an earthing conductor. including any joint. (3) Subject to the preceding provisions of this regulation and to the provisions of regulation 1315. (5) Where two or more earth plates are used for the purposes of this regulation. telephone and signalling apparatus. blasting cables. Cables (2) Every conductor in any cable to which this regulation applies. fuse or circuit breaker shall be placed in any earthing conductor.

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

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

(5) Every joint in any cable shall be(a) made in such a manner as to be mechanically and electrically sound. shall take adequate precautions to ensure the safety of such persons. (1) Any person doing any work with or on any electrical apparatus. (2) Any person neglecting to maintain or inspect or carry out work on electrical apparatus as instructed by a competent and more senior official shall be guilty of an offence. (c) such that the insulation thereof is not less effective than the insulation of the cable core and shall be protected against moisture. 1318. (3) No person shall be instructed to carry out any duty on any electrical Precautions and offences . main substations and elsewhere as may be necessary to minimise danger: (a) a notice prohibiting unauthorised persons from operating or interfering with installed electrical apparatus. (c) a notice containing directions for the treatment of persons suffering from electric shock. (b) and a notice containing directions upon the procedure in case of fire. The following notices shall be exhibited at suitable places within Notices electrical generating stations. (4) Wherever any cable protected by a metallic covering is connected to other apparatus such metallic covering shall be securely attached to that apparatus. which may make such apparatus a source of danger to persons.efficiently protected at any point at which that conductor is connected to other apparatus where its insulating property might be diminished. 1319. (b) such that the resistance of the jointed conductor shall not exceed that of a similar continuous and unjointed conductor.

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

Whenever any electrical apparatus is in use there shall be a competent person to operate such apparatus available or readily available on call. 1402. "portable container" means any container which when filled with fuel can be easily carried. unless the context otherwise requires"mobile container" means any container mounted on wheels. (1) No petrol or fuel oil shall be stored in bulk in quantities in Quantities of excess of two thousand litres in any tank above or below ground except fuel which may Interpretation . In this Part and all other Parts subsequent thereto. used for the conveyance of fuel oil. whether self-propelled or otherwise.1320. The regulations contained in this Part shall apply to the use and Application storage of petrol and fuel oil in any factory or part thereof used for or associated with the manufacture of explosives for sale commercially. 1403. Competent person to be available PART XIV PETROL AND FUEL OIL STORAGE 1401. 1404. tracks or skids. No person shall replenish any self-propelled vehicle with petrol Vehicles to be or fuel oil except at a filling station approved by the manager: replenished at filling stations Provided that such replenishing may be done elsewhere from a suitably equipped mobile container approved in writing by the Chief Inspector or in an emergency a small quantity of petrol or fuel oil sufficient to enable the vehicle to be driven to a filling station may be taken to it in a portable container.

covered with reinforced concrete to a thickness of not less than one hundred and sixty millimetres and be wholly below the level of the lowest floor of any such building and filled only from outside such building through oil tight pipes fitted with screwed caps or valves. chimney or exhaust pipe. (c) where such container or tank is placed below the surface of the ground. . (2) No petrol shall be stored in drums in excess of a total of two hundred litres in any building or other place except with the prior written approval of the Chief Inspector. Every storage tank provided at any filling station for the purpose Suitable storage of containing petrol or fuel oil shall betanks (a) substantially constructed and not liable to leak. the resistance not to exceed five ohms. (f) between the hours of sunset and sunrise be equipped with suitable electric lighting for use when persons work therein and the bulbs and tubes used for such lighting shall be adequately protected. (e) is kept provided with suitable equipment located in suitable positions for extinguishing fires. 1407. (a) (b) The manager shall ensure that every filling stationis constructed of non-flammable material. window. (d) electrically earthed.with the prior written approval of the Chief Inspector and the maximum be stored capacity he will admit shall not exceed thirteen thousand litres. Fuel storage tanks (c) is ventilated by a flow of air sufficient to dilute and render harmless all gases emitted during filling operations. (d) has a concrete floor. (b) equipped with a vent pipe not exceeding fifty millimetres in diameter suitably protected by two non-corrodable wire gauze diaphragms fixed to each tank and each such vent pipe shall be carried to the open air at least three metres above ground level but not within three metres of any door. 1405. (1) Every fixed metal pipe in any filling station or associated Placing of metal with any storage tank shall be so placed that they will not be liable to be pipe damaged. and is under a building. 1406. is provided with not less than two means of egress.

no person shall smoke at any other place where any engine or vehicle is being replenished with petrol or fuel oil. The manager shall ensure that each filling station or other place Competent where petrol or fuel oil is stored is in the charge of a competent person. (1) During all petrol and fuel oil transfer operations the mobile container shall be effectively earthed. 1408. No person shall take any petrol or fuel oil from any storage tank Conditions for or container at any filling station or elsewhere while any engine is taking petrol or running at any such place. 1413. 1411. person to be in No smoking or naked lights . (1) Where any petrol or fuel oil is spilled in any place it shall be Removal of removed forthwith and if in the process of removing such petrol or fuel contaminated oil any material is contaminated such material shall be placed where the material material can be safely destroyed. (1) No person shall smoke or use any naked light in any filling station or at any other place where petrol and fuel oil is stored and notices shall be posted to this effect at all such places. leakproof and provided with positive locking devices. the resistance not to exceed five ohms. fuel 1409. (2) Notwithstanding the requirement of sub-regulation (1).(2) Every pipe used for the purpose of refuelling shall be electrically earthed. Every container used for transporting petrol or fuel oil shall be of suitable construction. (2) Every person spilling any petrol or fuel oil on any engine or vehicle shall forthwith wipe it up or cause it to be wiped up. 1410. 1412. Suitable containers Mobile containers to be earthed (2) Any flexible hose used for transferring petrol or fuel oil shall be of an anti-static type and such hose shall be suitably inscribed to this effect.

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

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

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

vehicles in use. (c) be ventilated by a current of air sufficient to dilute and render harmless the exhaust gases emitted while the engine is being run therein. 1511. (f) be kept provided with suitable equipment located in suitable positions for extinguishing fires. (g) between the hours of sunset and sunrise on the surface be equipped with suitable electric lighting for use when persons are working therein and the bulbs or tubes used shall be adequately protected. (e) be equipped with suitable means of inspecting the vehicle from below. the condition and operation of all controls. examinations and tests referred to in this regulation shall be such as to ensure that the external parts of the engine or motor. vehicles (b) those not owned by the explosives factory but operated by the explosives factory. (3) The inspections. (d) have a concrete floor. Every self-propelled vehicle which is required to be examined in Workshops accordance with regulation 1510 shall be so examined in a suitable workshop which shall(a) (b) be constructed of non-flammable material. be provided with not less than two means of egress. safety devices and signal arrangements are in all respects in proper working order. (2) The self-propelled vehicles required to be inspected in accordance with sub-regulation (1) are(a) those owned by the explosives factory. . and (c) those not owned by the explosives factory but operated by a contractor: Provided that this regulation shall not apply to any vehicle owned and operated by any railway authority.

1512. . except those persons directly engaged in shunting operations on the surface. SAFETY AND WELFARE 1601. No person shall- Control of gases (a) wilfully damage or interfere with or order any other person to damage or interfere with any vehicle or part thereof. The manager shall ensure that every self-propelled diesel unit shall be so constructed and maintained that(a) (b) 1513. The regulations contained in this Part shall apply to any explosives factory. or (c) get on or off any vehicle whilst it is in motion. or (e) drive or operate any vehicle unless he is competent to do so and has been so authorised in writing by his shiftboss. air entering the engine is cleaned. The manager shall ensure that any effluent water discharged Application Effluent water. or (f) negligently or wilfully drive or operate or cause to be driven or operated any vehicle in such manner as to endanger the safety or health of any person. foreman or more senior official. or (d) ride in or on any vehicle unless authorised to do so and then only in such position so as not to endanger himself or any other person. No person shall ride in or on any vehicle unless suitable and adequate accommodation has been provided for this purpose. 1602. Offences in connection with vehicles No riding unless accommodation PART XVI HEALTH. the emission of flames or sparks is prevented. 1514. or (b) neglect to inspect or maintain any vehicle which he is required to inspect or maintain under the provisions of these Regulations.

box or danger area. Cap. (1) There shall be provided suitable change house accommodation proportionate in size to the number of persons employed in the danger areas: Change house accommodation . All inflammable material shall be stored in a suitable manner Flammable and at a safe distance from any explosives magazine. 198 1603. Latrine accommodation 1606. (3) (a) Separate returns shall be rendered in respect of(i) all persons directly employed. 1605. (c) A list of such contractors by name shall accompany each monthly return submitted in pursuance of paragraph (a) (ii) or be written on the reverse side of the return. (1) The manager shall render monthly labour returns to the Chief Labour returns Inspector on or before the fifteenth day of the month following that to which they relate. The manager shall ensure that there is provided sufficient and suitable latrine accommodation and all such latrine accommodation shall be well ventilated. well lit and kept in a clean condition. (b) On or before the third day of every month.from any treatment or other process is so discharged as to comply with the provisions of the Water Act. materials 1604. (ii) all persons (if any) employed by contractors who are under contract. (2) Such returns shall be submitted on the Forms set out in the Third Schedule. such contractors shall submit to the manager a return providing all the information required for the completion of Form 23 in respect of persons employed by them during the preceding month in terms of their contract. Any welding or other operation which might create a fire hazard Welding shall not be carried out anywhere unless adequate precautions have first operations been taken. 1607.

upon written application. (1) The protective clothing provided by the manager in accordance with regulation 287 shall be the personal responsibility of the person to whom such clothing is issued. adequate facilities for washing and drying clothes. (2) The person to whom the clothing is issued shall ensure that before Responsibility for protective clothing . (4) The Chief Inspector may require that change house accommodation be provided for any persons employed if. (2) The change house accommodation shall have(a) sufficient lockers. persons who are required to use such accommodation shall be provided with transport to reach such accommodation. when at any time there is insufficient accommodation for the number of persons employed. and suitable latrine accommodation. this is warranted by the nature of their work. (3) Every person in any danger area working with explosives or any associated operation which brings him into contact with explosives shall use the facilities provided for bathing and changing. cupboards or other suitable accommodation capable of being locked so as to enable every person employed to store his clothes separately.Provided that. 1608. (b) (c) (d) adequate facilities for bathing. the Chief Inspector may. in his opinion. after having duly considered the circumstances. except that. (5) The change house accommodation provided for danger areas shall be situated conveniently to such areas. when this is not convenient or possible. grant an exemption from the provisions of this sub-regulation specifying any conditions he may wish to impose.

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

FIRST SCHEDULE THE EXPLOSIVES ACT (Section 2) THE EXPLOSIVES REGULATIONS (Regulations 102 and 837) CLASSES OF EXPLOSIVES Explosives shall for the purpose of these Regulations be divided into the following classes: Class 1-Gunpowder Class 2-Blasting Agents Class 3-Nitro-compounds Class 4-Chlorate Mixtures Class 5-Fulminates Class 6-Detonators .(b) the dates of engagement and termination of employment of each such person. duly certified wherever possible. (c) in the case of the death of any such person. (d) in the case of each person who is employed in a danger area and who is less than twenty years old(i) his date of birth. the date. and (ii) the date on which he was employed in the danger area in the undertaking for the first time. place and (as far as can be ascertained) the cause of death.

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

THE EXPLOSIVES REGULATIONS (Regulations 205. 230 and 524) SAFETY DISTANCES FROM MAGAZINES (IN METRES) To and between To Cases To another Danger To PublicInhabited (of 25 kg) Magazine Buildings Places Buildings (a) (b) (c) (d) 4 8 12 16 20 24 28 32 36 40 80 120 160 200 240 280 320 360 400 800 1 200 1 600 2 000 2 400 2 800 3 200 3 600 4 000 4 400 4 800 5 200 11 14 16 18 19 20 21 22 23 24 29 34 39 42 44 47 49 50 51 62 72 82 88 95 100 104 108 111 112 114 117 21 27 31 36 41 44 48 51 53 56 88 110 124 135 145 154 162 169 175 226 256 282 304 324 342 358 372 386 402 416 430 30 30 34 41 48 54 60 65 70 75 116 142 164 182 188 212 221 229 235 302 347 380 410 438 460 480 498 516 538 556 567 31 50 67 83 97 111 122 133 142 150 230 285 325 361 385 417 437 456 472 598 693 760 820 870 914 954 985 1016 1 054 1 078 1 108 Quantity (kg) 100 200 300 400 500 600 700 800 900 1 000 2 000 3 000 4 000 5 000 6 000 7 000 8 000 9 000 10 000 20 000 30 000 40 000 50 000 60 000 70 000 80 000 90 000 100 000 110 000 120 000 130 000 . 216.

canal. jetty. church. public recreation ground. shop. government or public office. public highway or private road. (d) Distance between a magazine and any dwelling-house. THIRD SCHEDULE . or any building or works used for the storage of flammable material.140 000 150 000 160 000 170 000 180 000 190 000 200 000 210 000 220 000 230 000 240 000 250 000 5 600 6 000 6 400 6 800 7 200 7 600 8 000 8 400 8 800 9 200 9 600 10 000 119 122 126 128 130 132 134 136 139 142 146 148 443 456 468 481 491 500 509 516 522 526 530 533 582 596 609 622 635 646 656 665 672 682 690 694 1 138 1 166 1 193 1 219 1 245 1 267 1 292 1 312 1 330 1 356 1 377 1 398 (a) Distance between a magazine and any other magazine. The distance between two magazines or a magazine and a danger building shall be the shortest distance between the nearest walls of such building. market place. school. dock. airport. petrol or diesel storage tank. factory. (c) Distance between a magazine and any railway. theatre. hospital. (b) Distance between a magazine and a danger building and distance between a danger building and another danger building.

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

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

............. Box 1006 Kitwe The explosives purchased on this permit were stored in Magazine/Box No........ ... ........O. MVA Other Conditions at Inspector of Explosives DEPARTMENTAL STAMP The Chief Inspector of Mines Mines Safety Department P............................ ACQUIRE AND POSSESS EXPLOSIVES SUPPLIER: PERMISSION is hereby granted to (title of holder) of to purchase.FORM 2 REPUBLIC OF ZAMBIA THE EXPLOSIVES REGULATIONS (Regulation 605 (3)) PERMIT TO PURCHASE............... ........................... acquire and possess the following explosives: DESCRIPTION Nitro-compounds (cases) Cordtex (cases) Blasting Agents (bags/cases) Detonators and Capped Fuses (cases) Safety Fuse (cases) Igniter Cord (cases) QUANTITY MAGAZINE CAPACITY MAGAZINE BOX NOS Intended use of explosives Authorised Vehicle No...... on ....... 19................

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

to manufacture explosives of the classes set out herein and subject to such special conditions as are set out hereunder: CLASSES OF EXPLOSIVES: PREMISES AT WHICH EXPLOSIVES ARE TO BE MANUFACTURED: SPECIAL CONDITIONS: FEE PAID 1000 fee units This licence is renewable annually on the first day of January... 13 of 1994) ......FORM 3 REPUBLIC OF ZAMBIA THE EXPLOSIVES REGULATIONS (Regulation 202 (1)) LICENCE TO MANUFACTURE EXPLOSIVES IN A FACTORY (Not transferable) OWNER: LICENCE is hereby granted to the Manager. Chief Inspector of Explosives DEPARTMENTAL STAMP Original: Holder Duplicate: Displayed behind glass at premises Triplicate: Explosives File Quadruplicate: Magazine Register (As amended by Act No...

........................... 13 of 1994) ...... Chief Inspector of Explosives DEPARTMENTAL STAMP Original: Holder Duplicate: Displayed behind glass at site Triplicate: Explosives File Quadruplicate: Magazine Register (As amended by Act No.. (holder) to manufacture blasting agents of the classes set out herein and subject to such special conditions as are set out hereunder....... such blasting agents not being for sale commercially: CLASSES OF BLASTING AGENTS: SITE AT WHICH EXPLOSIVES ARE TO BE MANUFACTURED: SPECIAL CONDITIONS: FEE PAID 100 fee units This licence is renewable annually on the first day of January.................................FORM 4 REPUBLIC OF ZAMBIA THE EXPLOSIVES REGULATIONS (Regulation 202 (2)) LICENCE TO MANUFACTURE BLASTING AGENTS (Not transferable) OWNER: LICENCE is hereby granted to .....

Failure to maintain the above vehicle in accordance with the requirements of the . 464) or the insurer.FORM 5 REPUBLIC OF ZAMBIA THE EXPLOSIVES REGULATIONS (Regulation 339) AUTHORISATION OF A MOTOR VEHICLE FOR THE TRANSPORTATION OF EXPLOSIVES REGISTERED OWNER OF VEHICLE: AUTHORITY is hereby granted to the registered owner to use the vehicle hereinafter described for the purpose of transporting explosives: DESCRIPTION OF VEHICLE: MOTOR VEHICLE REGISTRATION NO. MAXIMUM QUANTITY OF EXPLOSIVES PERMITTED TO BE CARRIED: DETONATORS NITRO-COMPOUND (cases) BLASTING AGENTS (cases/bags) SPECIAL CONDITIONS: Chief Inspector of Explosives DEPARTMENTAL STAMP FEE PAID 100 fee units NOTE: This authorisation does not exempt the owner from satisfying the requirements of the Roads and Road Traffic Act (Cap.

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

FORM 6 B. Type AMO/OP/SO/WSO REPUBLIC OF ZAMBIA THE EXPLOSIVES REGULATIONS (Regulation 804 (4)) APPLICATION FOR A BLASTING LICENCE Receipt No. .No.L. Signature of Applicant TRAINING Course of Training in Blasting Operations: EXPERIENCE Assistant with Primary and Secondary Blasting Operations General Mining Operations OTHER RELEVANT INFORMATION: Professional Qualifications: Foreign Blasting Licences held (to be produced at examination) Mining Experience gained outside the Republic STATEMENT OF EMPLOYER: Shifts Shifts Shifts Apparent Age: years To the best of my knowledge and belief. Issued by Date FOR OFFICE USE ONLY TYPE of licence required * ALL MINING OPERATIONS * OPEN PIT ONLY * SURFACE ONLY * WELL-SINKING ONLY Name of Applicant: National Registration No. the information given above is correct and the applicant is a respons competent to carry out blasting operations in accordance with the Explosives Regulations.

.................... * Delete whichever is not applicable ........................................................ Holder/Deputy ..........Date ...........................................................

(Surname BLOCK CAPITALS) ................../......... Signature of Inspector of Mines Number of Issued at Date of Issue LICENCE FEE 30 fee units Right thumbprint of licensee if illiterate (As amended by Act No............................................................................. This is to certify that.FORM 7 REPUBLIC OF ZAMBIA THE EXPLOSIVES REGULATIONS (Regulation 804 (1) and (6)) BLASTING LICENCE (Not transferable) No........................................................ ......................... 13 of 1994) .................. Licensee ......................../. (Other names) is licensed to conduct blasting operations of the following category: PHOTOGRAPH Signature of Licensee National Registration ...............................

FORM 8 REPUBLIC OF ZAMBIA THE EXPLOSIVES REGULATIONS (Regulation 804 (7)) BLASTING LICENCE EXAMINATION FEE Received from of Blasting Licence No. LICENCE FEE 20 fee units Inspector of Mines DEPARTMENTAL STAMP If applicant is not successful state reasons below: *Delete whichever is not applicable Original: To applicant Duplicate: To be retained in this book (As amended by Act No. 13 of 1994) . issued/not issued*.

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

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

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

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

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

using force if necessary. any place or premises where explosives may be unlawfully manufactured or kept. transported. Further. 213) and section 5 of the Explosives Act is: PHOTOGRAPH and Signature Chief Inspector of Mines/Explosives Signature Bearer (Reverse) In accordance with regulation 301 of the Mining Regulations (Cap. stop. search and detain any vehicle or person suspected of unlawfully conveying explosives and may enter. as an officer appointed under section 12 of the Explosives Act. he may. by day or night. manufactured. any mine or part thereof and any place where explosives are used. 213) and section 5 of the Explosives Act this certificate empowers the bearer to enter. . without warrant. handled or stored within the Republic. examine and inspect. without restraint. without let or hindrance.FORM 14 REPUBLIC OF ZAMBIA CERTIFICATE OF IDENTITY APPOINTMENT This is to certify that: duly appointed in accordance with section 83 of the Mines and Minerals Act (Cap.

213) and section 4 of the Explosives Act is: and Signature Chief Inspector of Mines/Explosives Signature Bearer PHOTOGRAPH (Reverse) In accordance with regulation 301 of the Mining Regulations (Cap. for the purpose of inspecting any machinery or part thereof used for or associated with the manufacture of explosives. by day or night. . without let or hindrance. examine and inspect.FORM 15 REPUBLIC OF ZAMBIA CERTIFICATE OF IDENTITY APPOINTMENT This is to certify that: duly appointed in accordance with section 83 of the Mines and Minerals Act (Cap. any mine or part thereof and any place where explosives are manufactured. 213) and section 5 of the Explosives Act this certificate empowers the bearer to enter.

by the said Act and further in accordance with section 4 of the Explosives Act the bearer may enter. handled or stored for the purpose of carrying out any duty as may be. as an authorised officer. 213) this certificate empowers the bearer to enter. at all reasonable times. any mine or part thereof for the purpose of carrying out the duties assigned to him. any place where explosives are used. manufactured. 213) and section 4 of the Explosives Act is: PHOTOGRAPH and Signature Chief Inspector of Mines/Explosives Signature Bearer (Reverse) In accordance with section 83 of the Mines and Minerals Act (Cap. transported. . from time to time. at all reasonable times. assigned to him by the Chief Inspector.FORM 16 REPUBLIC OF ZAMBIA CERTIFICATE OF IDENTITY APPOINTMENT This is to certify that: duly appointed in accordance with section 83 of the Mines and Minerals Act (Cap.

..................... 19.................. ........................................................................... ....... at Signed ................................................................ ...................FORM 17 REPUBLIC OF ZAMBIA THE EXPLOSIVES REGULATIONS (Regulation 111 (1)) ADMISSION OF CONTRAVENTION I..................... admit that I have committed a contravention of Explosives Regulation(s) in that This .................... day of .................. of ............................................

................................. day of ........ kwacha (K................................................... of ................. at Signed (Contravener) Duplicate the sum copy only RECEIVED on behalf of the Government of the Republic of Zambia ................... .................. 19................ .................................................................................................................... .......... ............................. or his lawful deputy to deduct the sum of .......... 19.................... ....................................... kwacha being the amount of the above fine........................ .......... No ................................................ being the amount of a fine imposed by Inspector/Official This ........... Date ........................................................... having admitted contravening Explosives Regulation ..FORM 18 REPUBLIC OF ZAMBIA THE EXPLOSIVES REGULATIONS (Regulation 111 (2)) AUTHORISATION TO HOLDER I................................................. upon payment of fine Triplicate: Retained in book } ....) from the wages due to me for the month of .............................................. ...................................................................................... Inspector/Official Original: Manager Duplicate: Offender........................ hereby authorise the Manager of ..........

. 7 (a) 7 (b) . . 1 ..... .. .......... .................................. .......... .............. .... ... ........... (1) P.......... ... ......... Nails and Splinters Handling Material Men Falling ...... 2 3 4 5 6 Moving Machinery Handling Tools .. ...................... . ...... hrs Place of accident If not employed by the factory or works state name of actual employer Nature and extent of injury Cause of accident CLASSIFICATION (Place an "X" against number applicable): Electricity ..... ...... .. Men and Material ... .. . ..FORM 19 REPUBLIC OF ZAMBIA THE EXPLOSIVES REGULATIONS (Regulations 130 (5) and 284 (5)) ACCIDENT REPORT Name of Factory or Works The Chief Inspector Number of Accident .......... Box 1006 *Fatal/Non-fatal Kitwe NOTICE is hereby given of an accident............. ....... ....... Factory/Works No.. Nature of employment Date of accident ............. .. . Transport: Explosives .... ... ..... .O.... the details of which are: Name of injured person ........................ Time ..........

.. . .... .. . 10 (b) 10 (c) 11 . 2/73.. ... . .. . .. 10 (a) .... 1B/73.. (1) Accidents should be numbered 1/73. 12 Other causes (specify) .Burns: Chemical Heat Fall of Material ... . . . During manufacture . Gassing . etc. these should be numbered 1A/73. . . etc.. . .. * Delete word not applicable. . (2) Where two or more persons are injured as a result of one accident... . Signature of Manager or Holder . 8 (a) 8 (b) 9 Explosives: During blasting operations . .. . . Other . .

.. Used in operations ................ Less sold or destroyed ... . TOTAL . .. .. . MINE/WORKS ............... ....... ... ..... ... Ammon Dynamite (cases) Waterproof Dynamite (cases) Pentagel (cases) Detinatin Fuse (cases) Less stock this month end ....REPUBLIC OF ZAMBIA FORM 20 THE EXPLOSIVES REGULATIONS (Regulation 606 (4)) MONTHLY RETURN OF EXPLOSIVES-NITRO-COMPOUNDS HOLDER..... ................... ............... Receipts other .. OF PURCHASES FROM OTHER SOURCES............. SOLD OR DESTROY Quantities Type Purcha ................. ...... Ammon Gelignite (cases) Stock previous month end Receipts ex Kafironda ..... DETAILS Permit No............. .. ......... .......... MONTH 19. TOTAL .................. ............. ..................... ...

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

................ .. .. TOTAL . SOLD OR DESTROY Quantities Type Purcha Date . ...... Sinex (cases 25 kg) Blasting Agents* (bags 25 kg) Iremite (cases 25 kg) Ireg (cases 2 * Give number of bags of Ammonium Nitrate used to manufacture Blasting A DETAILS Permit No............... ..... .......... .............. ..... .................. ........ Less sold or destroyed .......................... MINE/WORKS . .......... ....... TOTAL ............................ ......... ..... Used in operations ..THE EXPLOSIVES REGULATIONS (Regulations 271 (2) and 606 (4)) MONTHLY RETURN OF EXPLOSIVES-BLASTING AGENTS HOLDER.... ............................ Less stock this month end . ... ............ Anfex (bags 25 kg) Stock previous month end Receipts ex Kafironda .................. Signature of Holder/Depu .... ......... ............. ... ....... . ................. ................. Receipts other .... ........... MONTH 19.................. ...... ................. ...................................... OF PURCHASES FROM OTHER SOURCES....

.. ................... . ... .............................. .... ................. TOTAL .. . ......... Electric Detonators (number) Detonating Relays (number) Safety Igniter Fuses Cord (metres÷100) (metres÷100) OF PURCHASES FROM OTHER SOURCES........... SOLD OR DESTROY Quantities Type Purcha Date ..... ... . .... .............. ....... ......... ........................................ .. Plain Detonators (number) Stock previous month end Receipts ex Kafironda ... ................. .... ...........THE EXPLOSIVES REGULATIONS (Regulation 606 (4)) MONTHLY RETURN OF EXPLOSIVES-DETONATORS AND BLASTING INITIATORS HOLDER..... TOTAL . . DETAILS Permit No............... Used in operations .......... ........ Less stock this month end .......... MONTH 19.................... ....................... ............................................ MINE/WORKS . .............. Signature of Holder/Depu ........ Receipts other .. ........ ............. Less sold or destroyed ..................... ...

...... Sundays and Holidays) ............ ...... .. 19.............. Total man hours worked (including overtime............... 19............... .... . ....FORM 23 REPUBLIC OF ZAMBIA THE EXPLOSIVES REGULATIONS (Regulation 1606) MONTHLY LABOUR RETURN KAFIRONDA FACTORY MONTH . .... ..... .. ............. .................. 125.. .............. ........ .... Signature of Manager FOURTH SCHEDULE THE EXPLOSIVES REGULATIONS (Regulations 124..... 205 and 524 (2)) . ...... * DIRECT LABOUR/CONTRACTORS Average number of employees at work each working day Average number of casual labourers employed each working day .............. Average number of casual labourers employed each working day ................ ....... ................... Total manshifts worked including Sundays and Holidays ... * Strike out whichever is not applicable Date ..................... ....

Transmitter Power kilowatts (1) Up to 4 5 10 25 50 100 500 Minimum Distance metres 230 260 370 600 850 1 200 2 700 .5 to 1.TABLE I Distances for National AM Broadcast Transmitters in 0.6 MHz range.

.TABLE II Distances for Transmitters from 1.5 520 10.1 230 0. 730 50. 1 700 50.6 MHz to 30 MHz when a loop configuration is used in a blasting circuit. 16 800 (1) Power delivered to antenna. 5 200 5000. Transmitter Minimum Power Distance kilowatts (1) metres 0.

Amateur and other Transmitters Transmitter Power (1) Watts 10 50 250 1 000 5 000 MF 1 to 4 MHz HF 4 to 35 MHz VHF (2) 35 to 87. (2) The frequency range 87.5 MHz to 100 MHz is normally allocated to FM Broadcast Transmitters.5 MHz VHF 100 to 174 MH Minimum Distance in Metres 12 27 60 120 290 30 68 145 300 530 12 27 60 125 300 5 10 20 45 100 Minimum distance of approach with 5 watt portables in 3 metres (1) Power delivered to antenna.TABLE III Distances for Mobile Communication. .

TABLE IV Distances for National TV Broadcast Transmitters Effective Radiated Power kilowatts Up to 1 10 78 100 500 41MHz to 68 MHz 174 MHz to 223 MHz 230 400 650 700 1 000 Minimum Distance in Metres 300 550 900 980 1 500 FIFTH SCHEDULE THE EXPLOSIVES ACT (Section 2) AUTHORISED EXPLOSIVES Class 1. Nitro-compounds Ammon Dynamite Ammon Dynamite Waterproof Ammon Gelignite Collodion Cotton Cordtex Dynagel Nitro Cellulose Nitro-compound Slurries Nitro Cotton Penaerythritol Tetranite (PETN) . Blasting Agents Anba Anfex Iregel Iremite Sinex Class 3. Gunpowder NIL Class 2.

5.Pentagel Pentalite Rocktex Class 4. Short title Interpretation Authorisation of public officers to assist Registrar Prohibition of certain forms of assistance Offence Application to High Court to invoke penalties Effect of order under section 6 . Blasting Initiators Delay Ignitercord Igniters Electric Current Indicators (policemen) Electric Ignitercord Igniters Fuse Igniters Ignitercord Ignitercord Connectors Safety Fuse CHAPTER 116 THE ORGANISATIONS (CONTROL OF ASSISTANCE) ACT ARRANGEMENT OF SECTIONS Section 1. 7. Chlorate Mixtures NIL Class 5. 3. Detonators Capped Fuses Cordtex Detonating Relays Electric Detonators Electric Primered Detonators Plain Detonators Class 7. 2. Fulminates NIL Class 6. 4. 6.

in relation to any organisation. in the opinion of the . travel vouchers or tickets: Provided that the President may declare any form of assistance to be excluded from the operation of this definition. 1966] 1. 2. in relation to any organisation. gifts. means any person working for the organisation. loans. unless the context otherwise requires"assistance" means assistance in the form of cash. property. 11. incorporated or unincorporated (and whether or not it has been established or registered in accordance with any written law) having. This Act may be cited as the Organisations (Control of Assistance) Short title Act. (1) In this Act. "officer". to create offences in relation thereto. donations. means a member of the governing or executive body of the organisation. Recovery of amount ordered to be paid Evidence and information Offences Legal proceedings CHAPTER 116 ORGANISATIONS (CONTROL OF ASSISTANCE) 11 of 1966 13 of 1994 An Act to regulate the giving of assistance to organisations by foreign governments. [22nd April. and to provide for matters incidental to or connected with the foregoing.8. "organisation" means any association of persons. "foreign government" means(a) (b) a government other than the Government. "office-bearer". 9. Interpretation and any other association or organisation declared by the President to be a foreign government for the purposes of this Act. 10. any international body or agency.

without the prior approval of the President in writing shall. (3) The approval of the President under this section may be given generally or in respect of any particular transaction involving the giving of assistance. authorise such number of public officers as he may deem necessary to assist the Registrar in the performance of his functions. and accordingly. . Authorisation of public officers to assist Registrar (2) The President may attach such conditions as he may deem appropriate to any authorisation given by him under subsection (1) to a public officer. of an organisation of assistance. be deemed to include a reference to a person authorised in pursuance of the provisions of section three. where any power is conferred or duty is imposed on the Registrar. be treated as acceptance by the organisation concerned of such assistance. assistance (2) Acceptance by an office-bearer. (2) Where the President declares an organisation to be an organisation for the purposes of this Act. such power or duty may be exercised or performed by a person authorised as aforesaid. objects of a political nature and declared by the President to be an organisation for the purposes of this Act. (1) The President may. accept assistance from any foreign government or certain forms of from any agency or person acting on behalf of any foreign government. for all purposes. "Registrar" means the Registrar of Societies. (1) No organisation shall. such declaration shall not operate so as to include any branch of the organisation so declared unless such branch is mentioned in the said declaration. or by an officer. except in section six and subject to the provisions of subsection (2) of section three. by statutory instrument. except with the prior approval of the Prohibition of President in writing. 3.President. 4. (3) Any reference in this Act to the "Registrar" shall.

after satisfying and providing for all the debts and liabilities of the organisation and the cost of winding up. if satisfied as aforesaid. 7. (3) The Chief Justice may. all the office-bearers of the organisation and any officer thereof who accepted assistance shall be guilty of an offence and liable on conviction to imprisonment for a period not exceeding two years: Provided that it shall be sufficient defence if an office-bearer proves to the satisfaction of the court that the assistance was received without his knowledge or consent and that the contravention of section four did not arise from want of due care or caution on his part. real and personal. of the organisation under section 6 concerned in the Registrar and he shall proceed to wind up the affairs of such organisation. and if. 6. make rules prescribing the procedure to be followed in any application made under this section. by statutory instrument. make an order under paragraph (a). the Attorney-General may make application High Court to to the High Court for the purpose of invoking the penalties referred to in invoke penalties subsection (2). it may by order direct(a) that the organisation be wound up. Where an organisation accepts assistance contrary to the provisions Offence of section four. or (b) that the organisation pay to the Registrar the amount of such assistance or such amount as it considers represents the value of such assistance: Provided that where application is made under this section in respect of an organisation and an order has been made under this section against the organisation on a previous occasion. (2) If on application made to it the High Court is satisfied that an organisation has accepted assistance contrary to the provisions of section four. the High Court shall. (1) Where an organisation accepts assistance contrary to the Application to provisions of section four. there are .5. (1) An order under paragraph (a) of subsection (2) of section six shall Effect of order operate so as to vest the property.

(4) For the purposes of winding up the affairs of an organisation under the provisions of this section. such entry shall. the subject of the scheme. be made. Any amount ordered to be paid under the provisions of paragraph (b) of subsection (2) of section six shall be recoverable in every respect as if it were compensation ordered to be paid under section one hundred and seventy-five of the Criminal Procedure Code. 88 9. the Registrar shall prepare and submit to the Minister responsible for finance a scheme for the application of such surplus assets. shall be held by the Registrar upon the terms and for the purposes thereby prescribed. accounts or other documents . Ministry of Finance. (2) Where it is necessary that any entry be made in or on any book. 8. without the payment of any fee or duty in respect thereof.any surplus assets. Recovery of amount ordered to be paid Cap. on the production of such order. the Registrar shall have all the powers vested in the Official Receiver for the purpose of discovering the property of a debtor and the realisation thereof. to furnish to the President or to any person designated in the directions. title deed or other document in order to effect the vesting of any property in the Registrar in pursuance of an order made under the provisions of paragraph (a) of subsection (2) of section six. (2) A person required by any such directions as aforesaid to furnish information shall also produce such books. or detecting evasion of. any information in his possession or control which in the opinion of the President is required for the purpose of securing compliance with. and thereupon the surplus assets. Evidence and within such time and in such manner as may be specified in the information directions. and the approval of the Minister to such scheme shall be denoted by the endorsement thereon of such approval signed by the Permanent Secretary. (1) The President may give to any person directions requiring him. (3) A scheme submitted to the Minister responsible for finance under subsection (1) may be varied or amended by him in such manner as he may think proper in the circumstances of the case. register. by the person whose duty it is to make such entry. this Act.

SUBSIDIARY LEGISLATION Offences ORGANISATIONS (CONTROL OF ASSISTANCE) CAP. secretes or removes any books. (1) Any person who(a) fails to give information or produce books. Any document purporting to be a direction given under section Legal nine. destroys. accounts or other documents. or to both. accounts or other documents when required to do so under the provisions of section nine. the court may direct such person within such period as may be specified in the direction to comply with the requirement to give the information or produce the books. shall be guilty of an offence and liable on conviction to a fine not exceeding fifteen thousand penalty units or to imprisonment for a period not exceeding two years. (b) with intent to evade the provisions of this Act. accounts or other documents when required so to do under the provisions of section nine. (As amended by Act No. accounts or other documents. or to be a copy thereof. defaces. (2) On the conviction of a person for failing to give information or produce books.in his possession or control as may be required for the said purpose by the President or by the person designated by the President. mutilates. (3) Nothing in this section shall be taken to require any person who has acted as counsel or solicitor for any person to disclose any privileged communication made to him in that capacity. 13 of 1994) 11. (c) obstructs any person lawfully performing any functions under this Act. shall be receivable in evidence to prove the proceedings matter stated therein. 10. 116 .

SECTION 6 (3)-THE ORGANISATIONS (CONTROL OF ASSISTANCE) (PENALTIES) RULES Rules by the Chief Justice 1. Such service may be effected by leaving the notice at. in Procedure its discretion. not less than fourteen days before the date Service of set down for the hearing of the application. the registered office of the organisation. 5. The application may be supported by oral evidence. In these Rules. Statutory Instrument 206 of 1967 Title Interpretation Form of notice 4. . provided that. be served on the organisation notice against which an order is sought. 3. or sending it by registered post to. "application" means an application made under section six of the Act. or where there is no such registered office. These Rules may be cited as the Organisations (Control of Assistance) (Penalties) Rules. a place where the organisation ordinarily carries out its functions. the High Court may allow evidence on affidavit. 2. A copy of the notice shall. An application shall be made by notice in the form set out in the Schedule.

............ and Respondent An application for the purpose of invoking the penalties referred to in subsection (2) of section 6 of the Organisations (Control of Assistance) Act............................................................ .. namely...................... ................ Applicant } (here set out particulars of the assistance alleged to have been accepted) ................. IN THE HIGH COURT HOLDEN AT ............... ................................................. Signed ............... this ... . ................................................................................ o'clock in the ............... (name of organisation) has on or between ........................................ ................................ at the hour of . Attorney-General or Counsel Dated at ......... TAKE NOTICE that the High Court will be moved on the ......... ............. BETWEEN: THE ATTORNEY-GENERAL..........SCHEDULE (Rule 3) NOTICE Application Number ............................................................. 19.............................................................. day of ................................. ............................................. (name of organisation) be wound up or be subject to the penalty set out in paragraph (b) of subsection (2) of section 6 of the Organisations (Control of Assistance) Act on the ground that the said......................................................................................... ......... ..... 19........................................ day of ...................................... .................................................. accepted assistance from a foreign government.................. (here set out date or dates) ................................................................................ (name of government) as follows: ................................. ................................. ......................................... noon or as soon thereafter as Counsel can be heard for an order that the ..

Registrar of the High Court .

14. 8. etc. 13.CHAPTER 117 THE ZAMBIA POLICE RESERVE ACT ARRANGEMENT OF SECTIONS PART I PRELIMINARY Section 1. Who may be Reserve police officers Employment of Reserve Classification of Reserve officers Oath of allegiance Period of engagement Calling out in emergency Reserve to be issued with arms. 9. 7. 0. 11. 5. Provisions of Zambia Police Act may be applied to Reserve Compensation on death or injury on duty Restriction on action of employers Regulations CHAPTER 117 ZAMBIA POLICE RESERVE 45 of 1950 . Short title Interpretation Establishment of Zambia Police Reserve PART II ZAMBIA POLICE RESERVE 4. 2. 12. 3. 6.

unless the context otherwise requires"arms" includes firearms. in the opinion of the Inspector-General. "Inspector-General" means the Inspector-General of Police. 1950] 57 of 1964 Government Notices 343 of 1964 497 of 1964 Statutory Instrument 71 of 1964 Act No. 26 of 1985) 3. "emergency" means any state of affairs which.An Act to provide for the establishment of a Zambia Police Reserve. Act No. 26 of 1985 13 of 1994 PART I PRELIMINARY 1. "Reserve" means the Zambia Police Reserve established under the provisions of section three. The is hereby established a police force reserve. which shall be known as the Zambia Police Reserve. constitutes a danger to peace and good order. In this Act. 343 of 1964 and Act No. No. (As amended by G. Interpretation Establishment of Zambia Police Reserve PART II ZAMBIA POLICE RESERVE . This Act may be cited as the Zambia Police Reserve Act.N. 28 of 1985 13 of 1990 Short title 2. "Reserve police officer" means a member of the Zambia Police Reserve. [22nd December. and includes any part of such Reserve.

make the following declaration of allegiance in such manner as he may declare to be most binding on his conscience: I. or any police officer authorised in writing in that behalf by the Inspector General. may determine. A. The Reserve shall consist of such persons. such police duties as the Inspector-General. (As amended by G. every person Oath of allegiance volunteering for service in the Reserve shall. "Class B" shall consist of Reserve police officers who upon enrolment undertake. to carry out(a) when called upon so to do.4. Reserve police officers may carry such arms as may be approved by the Minister. in writing. volunteer for service in the Reserve and are considered by the Inspector-General to be suitable for officers enrolment as Reserve police officers. resident in Zambia who. during an emergency. Who may be Reserve police having attained the age of eighteen years. The Reserve shall be divided into two classes as follows: Classification of Reserve officers "Class A" shall consist of Reserve police officers who upon enrolment undertake. in the performance of such duties. that during my service with the Zambia Police Reserve I will preserve. and (b) such training as may be required by the Inspector-General. do *swear/solemnly and sincerely declare and affirm that I will be faithful and bear true allegiance to the President of the Republic of Zambia.. (As amended by Act No. No. and (b) such training as may be required by the (As amended by Act No. and the apprehension Reserve of offenders and. as by law established. and will obey all lawful orders of the President and of all . The Reserve may be employed in Zambia for assisting the Zambia Employment of Police Force in the maintenance of law and order. protect and defend the Constitution of Zambia.N. on enrolment. to carry out(a) such police duties as they may be required to do by the Inspector-General.B. 26 of 1985) 5. in writing. 343 of 1964) 6. 26 of 1985) 7. (1) Subject to the provisions of subsection (2).

................... .............. in lieu of making the declaration of allegiance required by subsection (1)............. day of ...............................................................................................B............................. this .............. do solemnly and sincerely declare that I will give faithful service while I remain a member of the Zambia Police Reserve....... A..... Before me..... Declared Affirmed } at . day .......................................... of .................. ..................... Signature or thumbprint of Reserve Police Officer: ........................ in the discretion of the Inspector-General..................................officers placed over me and will subject myself to all Acts................................... I................................................... he may.................. ............... Orders or Regulations relating to the Reserve...................... ......... ......... Signature or thumbprint of Reserve Police Officer: ...................... (Signature of Magistrate or appropriate Police Officer) *Delete whichever is inapplicable... 19.... *Sworn Declared Affirmed } at ............................................... and will subject myself to all Acts........................... and that I will obey all lawful orders of the President and of all officers placed over me....... ..... .................................................................................................... Before me.................. (2) Where any person volunteering for service in the Reserve is not a citizen of Zambia...... make the following declaration of obedience in such manner as he may declare to be most binding on his conscience............................... Orders or Regulations relating to the Reserve.................................................................. 19....................................... this ................................. on enrolment....................

and shall be signed by the person making the declaration or. etc. 26 of 1985) 10. 343 of 1964) 11. apply any of the provisions Provisions of of the Zambia Police Act to such class of Reserve police officers and Zambia Police during such time as he shall in such order specify. (2) Where any police officer for the time being in charge of the Zambia Police Force in any Police Division. officer of the Zambia Police Force of or above the rank of Sub-Inspector or any Reserve police officer of or above such rank as may be prescribed. he may call out all or any of the Reserve police officers resident in the area under his jurisdiction. by statutory order. No. and such officers shall Act may be Period of engagement Calling out in emergency . arms. No.(Signature of Magistrate or appropriate Police Officer) (3) Every declaration under subsection (1) or (2) shall be made before a magistrate. (1) The Inspector-General may. The Reserve shall be issued with such uniform. issued with arms. as soon as practicable. (As amended by G. (As amended by No. if he is illiterate. for further service. and when so called out they shall remain on duty until released from duty by the Inspector-General. 26 of 1985) 8. report to the Inspector-General the action he has taken and his reasons for such action. considers that any imminent danger has arisen or is likely to arise with which he cannot efficiently deal by use of the police officers under his control. and in such case he shall. such person shall affix his thumbprint thereto. or any police officer of or above the rank of Superintendent.N. 71 of 1964 and Act No. (As amended by S. The Minister may. for periods of two years. ammunition Reserve to be and equipment as may be approved by the Minister. in such manner as he may determine.I. Every Reserve police officer enrolled under the provisions of this Act shall serve in the Reserve for a period of two years and thereafter may re-engage. call out all or any Reserve police officers during an emergency. 9.

(As amended by Act No. on conviction before a magistrate of the first or second class. (As amended by G. shall be employers guilty of an offence and shall be liable. the Minister may grant to the dependants of such Reserve police officer such pension or allowance as may be prescribed by regulations made under this Act or. as to him may seem just. gratuity or pension as may be prescribed by regulations made under this Act or. privileges and immunities conferred thereby. to a fine not exceeding one thousand five hundred penalty units. allowance or gratuity paid under the provisions of this section shall be assigned. 343 of 1964) 12. as to him may seem just.thereupon be subject to such provisions. Cap. release and dismissal from the Regulations . or during the carrying out of any training which he has been required to undertake. The Minister may. (3) No pension. 107 Compensation on death or injury on duty 13. Any employer who by dismissing an employee. (1) If any Reserve police officer receives any permanent or temporary disablement. or in any other manner whatever penalises him for action of being a Reserve police officer. or carrying out his duties as such. No. No. and have all the powers. in the absence of regulations. or by reducing his Restriction on wages or salary. (As amended by G. transferred or be liable to be attached or levied upon by any process of law. the conditions of service. leave. by statutory instrument. 343 of 1964 and Act No. the Minister may award such Reserve police officer such compensation. ranks. appointments and for determining the seniority of the officers of such Reserve. compensation. the grades.N. attributable to any wound or injury received or sickness contracted by him in the performance of any duty carried out under the provisions of this Act.N. resignation. 26 of 1985) applied to Reserve. (b) the promotion. in the absence of such regulations. (2) If any Reserve police officer is killed in the performance by him of Reserve Police duty or during the carrying out by him of any training which he has been required by the Inspector-General to undertake. make regulations prescribing all or any of the following: (a) the numerical establishment of the Reserve. 13 of 1994) 14.

(h) (i) (j) the general control and management of the Reserve. 46. of Reserve police officers. 16. (e) the compensation. and (k) any other matter required to be prescribed under the provisions of this Act. (As amended by G. 14. 58. 24. 60 and 61. 21. (c) (d) the disbandment of any part of the Reserve. 59. 343 of 1964) SUBSIDIARY LEGISLATION ZAMBIA POLICE RESERVE CAP 117 SECTION 11-APPLICATION OF THE ZAMBIA POLICE Statutory Instrument ACT TO 211of 1966 THE RESERVE Order by the Minister The following sections of the Zambia Police Act shall apply to all Reserve police officers when undergoing training or when called upon to perform duties or when called out for service: Sections 3. 39. 26. 20.Reserve. the pay and allowances of Reserve police officers. 30 (1) (except paragraphs (d) (v) and (n)). (f) the discipline of the Reserve. 18.N. 27. (g) the conveyance of Reserve police officers and their equipment to any place of duty. 23. pensions or other allowances payable to Reserve police officers and their dependants under section twelve. gratuities. No. the provisioning and equipping of Reserve police officers. 12. the transfer of Reserve police officers from one class to another. 17. 25. 15. 107 THE ZAMBIA POLICE RESERVE REGULATIONS [ARRANGEMENT OF REGULATIONS] . 36. 19. 22. Cap.

8. Title Interpretation PART II ORGANISATION 3. etc. 6. 11. . 4. RELEASE AND RE-ENGAGEMENT 5. 10. 7.PART I PRELIMINARY Regulation 1. 12. Organisation Ranks and establishment PART III ENROLMENT. 2. Application for enrolment Enrolment Promotion and reduction in rank Change of residence Resignation Re-engagement Retention of services Delivery up of arms. 9.

Care of arms. 15. Offences PART V TRAINING 14. 22. 21. etc. Control of expenditure Loss of documents Report of injury or death Compensation for injury or death Revocation and savings . Rate of pay and allowances PART VII GENERAL MANAGEMENT OF RESERVE 17. 20. Inspector-General to control training Exemption from annual training PART VI PAY AND ALLOWANCES Regulation 16. 18.PART IV DISCIPLINE 13. 19.

unless the context otherwise requires"application form" means Form 1 set out in the First Schedule. "divisional commander of police" means a superior police officer appointed by the Inspector-General to be in charge of a police division. the Inspector-General "the Force" means the Zambia Police Force as constituted under the provisions of the Zambia Police Act. if no such officer has been appointed in relation to any such division. 2. "Divisional Commandant" means a superior officer appointed by the Inspector-General to be in charge of the Reserve police officers in any police division. 26 of 1985 13 of 1994 PART I PRELIMINARY 1. or. These Regulations may be cited as the Zambia Police Reserve Regulations. Cap. "District Commandant" means a Reserve police officer appointed by the Inspector-General to be in charge of the Reserve police officers in any District. 107 Title Interpretation .FIRST SCHEDULE-Prescribed forms SECOND SCHEDULE-Pay and allowances SECTION 14-THE ZAMBIA POLICE RESERVE REGULATIONS Regulations by the Minister Statutory Instruments 198 of 1966 331 of 1968 Act No. In these Regulations.

(2) The Inspector-General may(a) appoint on secondment such police officer to the Reserve as he may consider necessary for the proper administration and control of the Reserve. the organisation of Organisation the Reserve shall correspond to the organisation of the Force throughout Zambia. (1) Subject to the provisions of these Regulations. 26 of 1985) PART II ORGANISATION 3. appoint a Reserve police officer to be a District Commandant. and a District Commandant shall be responsible to the Divisional Commandant of the police division in which his District is situated: Provided that when the Reserve is called out in accordance with the provisions of section nine of the Act. the Reserve in each police division shall come under the command of the local divisional commander of police who may authorise officers commanding police districts or officers in charge of police stations situated within his divisional area to take command of those Reserve police officers called out for duty at police formations under their immediate command. . (c) (d) appoint a superior officer to be a Divisional Commandant. (b) appoint Reserve police officers to the ranks set forth in regulation 4 to such numbers as may from time to time be approved in accordance with the provisions of the said regulation. (As amended by Act No."superior officer" means a Reserve police officer of or above the rank of Reserve Assistant Superintendent. (3) A Divisional Commandant shall be responsible to the Inspector-General.

(As amended by Act No. Superintendent Reserve Assistant Superintendent . Part I of an application form which shall be in the enrolment . for such limited periods as may be deemed necessary all or any of the powers of a Divisional Commandant. in duplicate. ... . Reserve Sergeant . (1) The Reserve shall consist of such numbers as may from time to time be approved by the Minister of the following ranks: Equivalent rank Reserve in the Force (a) Superior officers: Reserve Senior Superintendent . . Reserve Inspector . 26 of 1985) Ranks and establishment 4. (1) Every applicant for enrolment as a Reserve police officer shall complete. Inspector Sub-Inspector . Reserve Sub-Inspector . . . Chief Inspector . . rank as the junior of police officers of the equivalent rank in the Force. Assistant Superintendent (b) Reserve police officers other than superior officers: Reserve Chief Inspector . Reserve Constable . .(4) The Inspector-General may confer upon a District Commandant. (As amended by Act No. 26 of 1985) PART III ENROLMENT. being a superior officer. Senior Superintendent Reserve Superintendent . . (3) The precedence of superior officers of the same rank in the Reserve shall be determined among themselves by the order in which their names appear in the Reserve Orders of the Force periodically published by the Inspector-General. . RELEASE AND RE-ENGAGEMENT Application for 5. Sergeant Constable (2) Subject to any special directions of the Inspector-General Reserve police officers shall.. when serving with the Force. . . .

(2) Every applicant referred to in sub-regulation (1) shall then be examined by a medical practitioner nominated by the Inspector-General or by a medical practitioner of his choice who shall enter the result of such examination in Part II of the application form. refuse to permit an applicant to enrol without assigning any reason therefor. (As amended by Act No. his address Promotion and reduction in rank Enrolment . as the case may be. (2) The Inspector-General may. A reserve police officer who changes his place of residence or who Change of leaves his place of residence for a period of longer than one week shall residence forthwith report in writing to his District Commandant stating the address of his new place of residence or. promote any Reserve police officer to a rank other than the rank of a superior officer. (3) Where the applicant aforesaid is examined by a medical practitioner nominated by the Inspector-General no charge shall be borne by the applicant for such examination but where such applicant is examined by a medical practitioner of his own choice the applicant shall bear the cost of such examination. reduce in rank any Reserve police officer. (As amended by Act No.Form 1 set out in the First Schedule. on the written recommendation of a divisional commander of police or a Divisional Commandant. (3) Any declaration under section seven of the Act may be made before a superior officer. in his absolute discretion. (As amended by Act No. (1) A Divisional Commandant may. 26 of 1985) 7. 26 of 1985) 8. on the recommendation of a District Commandant. (1) The Inspector-General may. (2) On enrolment every applicant shall complete Part III of the application form. 26 of 1985) 6.

Inspector-General Provided that a Divisional Commandant may be released or discharged only by the Inspector-General. Conduct unsatisfactory . Inspector-General Inspector-General .. His services being no longer required . 10. in the case of any officer so re-examined.during his absence and the dates between which he proposes to be absent. and by the officer shown in the second column hereto: Cause of release or discharge 1.. 4. . 9. the Commissioner may order discharge from the Reserve. . Having been convicted by a court of an offence involving moral turpitude .. .. .. . Recommendation in that behalf by a divisional commander of police . he may be .. Termination of engagement 2. . in any particular case. if the medical practitioner certifies that such officer is fit for service. Having made a false answer on enrolment . . . and. 3. .. . 5. . allow and at the time of making such application shall make a declaration on Form 2 set out in the First Schedule.. at the request of the officer. Having been irregularly enrolled 8. . Inspector-General . by a private medical practitioner. .. Medically unfit .. if the person authorised to re-engage him thinks fit. 6. 26 of 1985) Re-engagement 10.. . Divisional Commandant Divisional Commandant .. . .... Divisional Commandant .. Disobedience to orders . in which case the cost of the examination shall be borne by the officer. . 9. Such officer may. . Divisional Commandant Inspector-General ... (As amended by Act No. . Competent officer to release or discharge . Inspector-General . . . (2) In cases other than those specified in this regulation. Not likely to become an efficient Reserve police officer . (1) A Reserve police officer may be released or discharged for any of the following Resignation causes. A Reserve police officer who desires to re-engage shall apply during the three months prior to the expiration of his current term of service or within such time as the District Commandant may. 7. be required to be re-examined by a medical practitioner nominated by the Commissioner or.

ammunition. On being discharged or released a Reserve police officer shall arms. PART IV DISCIPLINE 13. in addition to any other penalty. a Cap. 107 (2) The Inspector-General. 11. all arms. be liable to pay for the property he has failed to deliver up. (1) Subsection (1) of section thirty. Offences. Cap.re-engaged: Provided that every Reserve police officer shall be medically re-examined upon the expiry of each period of four years' service in the Reserve. etc. may inquire into the truth of any charge against a Reserve police officer under subsection (1) of section thirty of the Zambia Police Act and may award the following punishments: (a) (b) reprimand. being a superior officer. references to a police officer shall be construed as references to a member of the Zambia Police Reserve and references to the Force shall be construed as references to the Zambia Police Reserve. without good and sufficient reason. fair wear and tear excepted. clothing and equipment issued to him. other than subparagraph (v) of paragraph (d) and paragraph (n). deliver up in good order. A Reserve police officer whose period of service expires during a Retention of state of war or emergency may be retained and his service prolonged for services such further period as the Minister may direct. for this purpose. 107 Divisional Commandant or a District Commandant. Delivery up of 12. A Reserve police officer who. or reduction in rank: . a divisional commander of police. fails to comply with this regulation shall. of the Zambia Police Act (which specifies offences against discipline) shall apply to Reserve police officers of all ranks as it applies to a police officer below the rank of Assistant Superintendent and.

shall have the power to award a reprimand only. during which time the Reserve police officer so punished may make such representations to the Inspector-General through the Divisional Commandant. or he may re-hear the case or order the case to be taken before a magistrate. who may confirm. being a superior officer. 13 of 1994) PART V TRAINING . that he may wish. Divisional Commandant or District Commandant investigating any charge that neither of the punishments specified in sub-regulation (2). vary or quash the award until a period of fourteen days has elapsed subsequent to the award. The Inspector-General may return the report for further inquiry. vary or quash the award: Provided that the Inspector-General shall not confirm. or to imprisonment for a period not exceeding one month. by reason of the gravity of the charge or for any other reason.Provided that a District Commandant. such divisional commander. 26 of 1985 and No. (3) Every punishment of reduction in rank awarded by a divisional commander of police or a Divisional Commandant under the provisions of this regulation shall. (4) In every case where it shall appear to a divisional commander. before it is carried into execution. Divisional Commandant or District Commandant shall defer passing sentence and shall report the proceedings to the Inspector-General. be reported to the Inspector-General. (5) Where a Reserve police officer is taken before a magistrate under the provisions of sub-regulation (4). or to both: Provided that no proceedings shall be taken against any Reserve police officer under the provisions of this regulation in respect of any offence for which he has already been punished. constitutes an adequate punishment. he shall be liable on conviction to a fine not exceeding six hundred penalty units. (As amended by Act No.

(2) There shall be paid to Reserve police officers such allowances. (As amended by Act No. in his discretion. The training of the Reserve shall be carried out in accordance with Inspector-General to control training orders made by the Inspector-General. as the Inspector-General may. 15. (As amended by Act No. 26 of 1985) PART VII GENERAL MANAGEMENT OF . in respect of travelling or other expenses necessarily incurred in the performance of their duties. with the approval of the Minister. If any question arises as to whether an injury or illness was so sustained or contracted. Every District Commandant may. when undergoing training. or when called upon or called out shall be entitled to pay at the rate set out in the allowances Second Schedule. 26 of 1985) Exemption from annual training PART VI PAY AND ALLOWANCES Rate of pay and 16.14. the decision of the Inspector-General thereon shall be final. (3) Reserve police officers shall be entitled to free medical attention from Government medical officers in respect of injuries sustained or illness contracted on duty. exempt any Reserve police officer in his District from carrying out the whole or any portion of annual training but every such exemption shall be reported to the Divisional Commandant. prescribe. (1) Reserve police officers.

and give a written report to the Inspector-General of the circumstances under which such injury or death was caused. ammunition. (As amended by Act No. any Reserve police officer shall be used for police purposes only and etc. accompany such report. (As amended by Act No. every Reserve police officer to whom they are issued shall produce them in good condition. and proper books of account and vouchers dealing with the expenditure thereof shall be kept and shall be available at all times for inspection by the Inspector-General or by the Auditor-General or his duly authorised representative. A medical certificate shall. 26 of 1985) Control of expenditure . (As amended by Act No. whenever called upon to do so by an officer authorised so to do by the Inspector-General. equipment. 26 of 1985) 19. (3) Reserve police officers shall submit to the Inspector-General such accounts and returns connected with the administration and training of the Reserve as the Commissioner may require. fair wear and tear excepted. upkeep and training of the Reserve and such moneys shall be administered by the Inspector-General. Whenever injury to or the death of a Reserve police officer occurs Report of injury on or arising out of his duty. 26 of 1985) 20. clothing and other stores issued to Care of arms. (1) The Commissioner shall be responsible for all moneys allotted for the establishment. 26 of 1985) 18. Arms.RESERVE 17. (As amended by Act No. his Divisional Commandant shall report or death such fact to the Inspector-General. Any loss or deficiency in secret or confidential documents shall be Loss of reported to the Inspector-General as soon as the loss or deficiency is documents observed. (2) Any grant of money by the Inspector-General shall be expended on the particular service for which it is granted. whenever possible.

whichever is the greater. 22.21. (b) all appointments. (2) Notwithstanding the revocation of the said Zambia Police Reserve Regulations(a) all persons who were immediately before the commencement of these Regulations enrolled as Reserve police officers of the Zambia Police Reserve shall continue to be Reserve police officers and to hold the same rank and precedence under these Regulations as they held under the Regulations hereby revoked. Compensation for injury or death Cap. gratuity. 271 Revocation and savings . (1) The compensation. and (b) any earnings in excess of two thousand four hundred kwacha a year shall be disregarded. (1) The Zambia Police Reserve Regulations. and service under the Regulations hereby revoked shall for all purposes be deemed to be service under these Regulations. conferments of powers. gratuity or pension payable to a Reserve police officer under subsection (1). and all such persons shall be subject to the provisions of these Regulations in so far as those provisions apply to them. are hereby revoked. pension or allowance payable under this regulation(a) the monthly earnings of a Reserve police officer shall be deemed to be either his monthly rate of pay as a Reserve police officer at the time of disablement or death or his average monthly earnings during the preceding twelve months in any employment other than as a Reserve police officer. orders and exemptions made under the Regulations hereby revoked shall continue in force until revoked or replaced under these Regulations and shall be deemed to have been made under these Regulations. and the pension or allowances payable to the dependants of such officer under sub-section (2) of section twelve of the Act shall be equal to the compensation which would be payable in the circumstances set out in that section under the Workers' Compensation Act if such officer were a worker within the meaning of such latter Act. directions. (2) For the purpose of determining the amount of any compensation. under Chapter 39 of the 1964 Edition of the Laws.

.... Chief............................R....................................................................................... ............. 4............. What is yourFirst name(s) Surname................... Village ........... .... District ........................................... ...... 7............ Tribe .................................................. .. PART I (To be completed by applicant) 1.................. District ......... ............................................. Business ............................................................................... ............................................ Postal address....... ......................... Name and address of employer ... ...... Where were you born? Country ................. Age. What is your profession......................................... What is your(a) Present nationality ....... ............... } IN BLOCK CAPITALS 5...... (b) Nationality at birth.................................. ..................................................................................................................... ............................................................................................................ Duplicate to be retained by District Commandant) P................................... Mother ................................. widower or single?..................................................... 2................................... Father ...... ................ ............................................................. Name and address of next of kin..................... ........................................................................................................... Telephone number: Residential ........................................................................................ ..... .................................. What is the date of your birth?......................... 3........... 6...................... No..... Are you married............................................FIRST SCHEDULE PRESCRIBED FORMS FORM 1 (Regulations 5 and 6) REPUBLIC OF ZAMBIA ZAMBIA POLICE RESERVE APPLICATION FORM (To be completed in duplicate: Original to the Inspector-General... Class ................................................................. ....... Town or district .............................................. .... .......................... Residential address .................................... Name .......... trade or calling? .........................

......... 7..... and that I have read through and understand the conditions of enrolment set out above... ..... Are you on the Reserve of any of the Defence Forces of the Republic? .... give full particulars................ .... Reserve police officers are responsible for the delivery up in good condition. ............... Reserve police officers are required to serve for two years..... Are you willing to be enrolled for service in the Zambia Police Reserve for the term of two years (provided the Minister should so long require your services)? ..... On enrolment a Reserve police officer may elect to serve in either Class "A" or Class "B"....... cause of discharge ......... Service in Class "A" means that an officer is available to be called on to do police duty.... The police officer in charge of a Division may call out the whole of the Reserve......... for emergency service......... without leave or without reasonable cause or excuse..... ......... state which unit................ .............. NOTICE The general conditions of enrolment in the Zambia Police Reserve are as follows: 1... The Reserve is divided into two classes...... Signature of Recruit ... What is your religious denomination? ................. 2. If a Reserve police officer's term of service expires when on emergency service he may be required by the Minister to continue to serve................ 11..............8........ 3....................... I................. namely Class "A" and Class "B".. equipment and uniform that have been issued.......... at any time.. or any part of the Reserve.. in his District as well as doing training and being called out for emergency services............ 5..... 10.................. when called upon to do so...... 4............... of all arms. During service transfers from one class to the other may be permitted on showing good cause to the satisfaction of the Inspector-General................................... Failure to attend................ Service in Class "B" means that an officer may be called out for duty in an emergency as well as doing training.... ............ in the Division..... 6........................ do solemnly declare that the above answers made by me to the above questions are true...... .... and if discharged....................................... 8... that I am willing to fulfil the engagement made.... Further information can be found in the Zambia Police Reserve Act and Regulations..... Do you belong to any of the Defence Forces of the Republic? .... provided the Minister so long requires their services......... If so.... If so... During their service Reserve police officers will be required to attend such training as the Inspector General of Police may order................. 9.. the full course of training laid down may render a Reserve police officer liable to penalties..... At the end of the two years Reserve police officers may re-engage for further service with the Reserve....

............ 26 of 1985) ................Signature of Witness ......... (As amended by Act No..............

... I have examined the above-named Recruit and find that he is .... CLASS B I.... ................... such police duties as the Inspector-General or any officer authorised in writing in that behalf by the Inspector-General.................. Chest measurement: Girth when fully expanded ...............................................kg............................. ............................................................................... ..... ........................ ...................... during an emergency...................................................................................centimetres Weight...... Medical Practitioner Date................ Distinctive marks and marks indicating congenital peculiarities or previous disease: PART III Every Reserve police officer shall on enrolment complete one of the following undertakings: CLASS A I... NOTE....... may determine....... .............. .... ...............................................................PART II (To be filled in by the Medical Practitioner) Apparent age .... ................................. ................................ that I will carry out such police duties as I may be required to do by the Inspector-General and such training as may be ordered by the Inspector-General............................................................ years ... ................................................................. do solemnly declare that I will serve in in Class "B" of the Zambia Police Reserve......... do solemnly declare that I will serve in Class "A" of the Zambia Police Reserve............................ that I will carry out when called upon so to do... ....-Further remarks (if any) by the Medical Practitioner should be added below..................... (Signature of Reserve Police Officer) Declared before me at ....... .. .................................. ............... centimetres Eyesight................. and such training as required by the Inspector-General............metres .............................. months Height............................................. centimetres Range of expansion ......................................................... ............

Date .............................. .... ........................ .......................................... .. (Signature of Reserve Police Officer) Declared before me at............... ......................................................... (Signature of person authorised to enrol Reserve Police Officers .................................................................. Date..... ................ ............................................. Signature of person authorised to enrol Reserve Police Officers ..

............... and will subject myself to all Acts.......... day of ............................................................................. do *swear/solemnly and sincerely declare and affirm that I will be faithful and bear true allegiance to the President of the Republic of Zambia.............................................................. *Sworn at .. Orders or Regulations relating to the Reserve.......................................................................................... 19...................... (As amended by Act No............................................ 19..................PART IV OATH OF ALLEGIANCE THE ZAMBIA POLICE RESERVE ACT (Section 7) (a) I....................... (Signature of Magistrate or appropriate Police Officer) .......................................................................................... } (b) I................. ........... and will obey all lawful orders of the President and of all officers placed over me and will subject myself to all Acts...this ...... Before me.............. this ...... 13 of 1994) .................................... Signature or thumprint of Reserve Police Officer....... ... do solemnly and sincerely declare that I will give faithful service while I remain a member of the Zambia Police Reserve................. .................................. that during my service with the Zambia Police Reserve I will preserve........................................... ........................................................... .................. ......... and that I will obey all lawful orders of the President and of all officers placed over me............................................ Orders or Regulations relating to the Reserve................................................................ Before me. (Signature or thumbprint of Reserve Police Officer) *Declared Affirmed } at ..................... as by law established................. protect and defend the Constitution of Zambia...................... (Signature of Magistrate or appropriate Police Officer) *Delete whichever is inapplicable.... day of Declare Affirmed ................ ........................................

... Signature of person authorised to enrol Reserve Police Officer I certify that I have examined this person and in my opinion he does not suffer from any disability or ailment likely to interfere with the efficient performance of his duties.. Date .................... and he is fit for general police service...................... . ..................................... 19......................... at present serving in the......... Date ..... .............Rank. Signature of Medical Officer Place ...............FORM 2 (Regulation 10) REPUBLIC OF ZAMBIA ZAMBIA POLICE RESERVE DECLARATION TO BE MADE BY A RESERVE POLICE OFFICER ON RE-ENGAGEMENT FOR THE RESERVE THE ZAMBIA POLICE RESERVE ACT (Section 8) I.. .............................................................................................................. Signature of Reserve Police Officer Declared before me at................. (No.............................District of Zambia Police Reserve.............................................. enrolled on the............................................................................................................................................ ................... provided the Minister should so long require my services............... and do declare that I will continue faithfully to serve the President for such further period in the Zambia Police Reserve.................... 19...................Name........)............................... .................................. hereby agree to re-engage for a period of two years.. ................. ......

.

00 300..00 1. . per annum Reserve Assistant Superintendent (other) . . . when a Reserve police officer who is employed by another person is called out on duty in such a manner and on such a day that he is unable to perform for his employer the duties which he would normally be liable to perform. he shall receive an allowance of K120 per annum. per annum Reserve Assistant Superintendent (if appointed District Commandant).00 120.. .. . .... ... .35 Reserve Constable ...00 Reserve Sub-Inspector ..20 360. ... .. per hour 0. . ... whichever shall be the smaller sum.00 240. . (1) Subject to the provisions of sub-paragraph (2).. there shall be refunded to his employer from the general revenues of the Republic any sum paid to such officer in respect of any day on which he would normally have worked for his employer but on which he was unable so to work by reason of his duties as a Reserve police officer.. .. per hour Reserve Inspector ... . per hour Reserve Sergeant . per annum Reserve Superintendent . . .. .. ... .10 0. ..... . . . per hour 1. 331 of 1968) PART II WHEN CALLED OUT ON DUTY OTHER THAN TRAINING 1. .. . .... . . ..SECOND SCHEDULE (Regulation 16) PAY AND ALLOWANCES Remuneration for Reserve police officers shall be at the rates and subject to the conditions set out below: PART I TRAINING ALLOWANCES Rank Period K Reserve Senior Superintendent .. (2) A refund payable to an employer under sub-paragraph (1) shall be paid at the rate of either the sum equal to the normal wages or salary of the Reserve police officer or the sum of K16 for each day. .50 Provided that when a Reserve police officer below the rank of Reserve Assistant Superintendent is appointed a District Commandant. ..... (No. . per hour 0. per annum Reserve Chief Inspector .. ...

. . 5. . in respect of each completed hour of duty performed. provided that the total of such payment and reimbursement shall not exceed K16 for each day. 0.. .40 1. Reserve Chief Inspector Reserve Inspector.. in addition to such payment.... . such wages or salary shall be taken to equal the average of the total emoluments received by such office either during the thirty days preceding his being called out on duty or during the period for which such officer has been employed. (As amended by No. . . by reason of his duties in the Reserve. . . 1..10 1. .. (4) For the purpose of assessing the normal wages or salary of a Reserve police officer under this paragraph.. (2) A Reserve police officer. . .35 .20 0. Reserve Sergeant .. 3. A Reserve police officer who is his own employer shall be paid in accordance with the rates set out in paragraph 4 and.. .. there shall be payable to him as an allowance such sum as would be payable in similar circumstances to a servant of the Government who is of status approximately equal to that of the rank of such officer. . 331 of 1968) . shall be paid a flying allowance of K1. unemployed or his own employer and the provisions of paragraph 3 shall not apply to such allowance.. .. he shall be entitled to be reimbursed for losses in connection with his business which were incurred as a direct result of his being on duty. Reserve Constable .. .. A Reserve police officer who is unemployed at the time of his being called out on duty or who does duties in the Reserve in addition to the duties of his normal employment shall be paid in accordance with the rates set out in paragraph 4. be paid such of the following amounts as is appropriate to his rank: Rank Reserve Senior Superintendent Reserve Superintendent . . then the Government may pay directly to such officer in respect of his services any sum which may be assessed under sub-paragraph (2).. 2.. 4. . 1. When a Reserve police officer is required. (1) A Reserve police officer mentioned in paragraph 2 or 3 shall. when piloting any aircraft on behalf of the Government.30 .. and such allowance shall be paid to an officer irrespective of whether he is employed. . . . Reserve Sub-Inspector . 0..(3) If an employer fails to pay a Reserve police officer who is called out on duty the normal wages or salary of such officer. . ..50 Reserve Assistant Superintendent . . .00 ..50 K . . whichever shall be the shorter period.50 per hour in addition to any other pay which he may receive under the provisions of this paragraph. to spend a night away from his normal place of residence...

PART IV GENERAL There shall be paid to all ranks of the Police Reserve below the rank of Reserve Sub-Inspector a retaining fee at the rate of one kwacha per month in respect of each completed month of service: Provided that such fee shall only be payable in respect of any month where the officer has.PART III WHEN ATTENDING COURSES OF INSTRUCTION When a Reserve police officer in his own time free from his normal employment voluntarily attends a full-time course of instruction lasting two days or more (exclusive of time spent in travelling to and from the place where the course is held) he shall be entitled to receive pay at the rates set out in paragraph 4 of Part II. . attended at all periods of training or duty required during that month. unless exempted therefrom.

Short title 2. 9. 11. 8. 2. In this Act. 7.CHAPTER 118 THE COMBINED CADET FORCE ACT ARRANGEMENT OF SECTIONS Section 1. This Act may be cited as the Combined Cadet Force Act. Short title Interpretation Establishment of Force Force not part of Defence Force Composition of Force Eligibility to join Command Establishment of contingents Regulations Repeal Transitional CHAPTER 118 COMBINED CADET FORCE 46 of 1964 Government Notice 497 of 1964 An Act to provide for the establishment and maintenance of a Combined Cadet Force in Zambia and to repeal the Rhodesia and Nyasaland Cadet Corps Act. unless the context otherwise requires- Interpretation . 10. [18th September. 1955. 4. 3. 6. 1964] 1. 5.

106 Cap. Force not part of Defence Force 5. 3. 1955. "officer" means a person commissioned as such in the Cadet Force but shall not include a cadet officer. The Cadet Force shall not form part of the Defence Force of Zambia. all boys shall be eligible to serve in the Cadet Force who(a) are not under the prescribed age. were members of the Cadet Corps established under the Rhodesia and Nyasaland Cadet Corps Act. sea and air instruction."Air Commander" means the person appointed under section one hundred and sixty-five of the Defence Act. (1) There is hereby established a Cadet Force which shall be styled the Zambia Combined Cadet Force. immediately prior to the commencement of this Act. Cap. 106 Establishment of Force 4. and (b) persons who become members of the Cadet Force after such commencement. The Cadet Force shall comprise- (a) those persons who. and Composition of Force Eligibility to join . "member" includes cadets and officers commissioned in the Cadet Force. "Army Commander" means the person appointed under section one hundred and sixty-five of the Defence Act. 6. "cadet" means a member of the Cadet Force other than an officer commissioned in the Cadet Force. mental and physical training of boys through the medium of military. "Cadet Force" means the Zambia Combined Cadet Force established in terms of section three. (2) The Cadet Force shall have as its object the provision of moral. Subject to the provisions of this Act.

maintenance. suitable for service in the Cadet Force. (f) the preservation of property of the Government issued to contingents or members. and which was in being immediately prior to the commencement of this Act shall be deemed to have been established in terms of this Act and to be part of the Cadet Force. (1) The President may establish a contingent of the Cadet Force in any school or in any area in Zambia. (d) the grant of medals and decorations to members of the Cadet Force. the appointment of cadets as cadet officers. The command. without prejudice to the generality of the foregoing. such regulations may make provision with respect to all or any of the following matters. make regulations for the better carrying out of the provisions of this Act and generally for the good government and organisation of the Cadet Force and. the resignation from and cancellation of such appointments. (b) the appointment of officers in the Cadet Force. training and inspection of the Cadet Force shall be vested in the Army Commander. (2) Any contingent of a Cadet Corps which was established under the provisions of the Rhodesia and Nyasaland Cadet Corps Act. by statutory instrument. in the opinion of the Army Commander or Air Commander. Regulations 9. (e) the creation of a Reserve of officers and the posting of officers to such Reserve. 7. 1955. 8. the determining of responsibility for loss or damage caused to such property and the recovery of compensation for Command Establishment of contingents . and for the designation and grading of ranks and appointments within the Cadet Force. The President may. (c) the granting of certificates or other awards to cadets who reach such standards of proficiency in cadet training as may be prescribed. (3) The President may at any time disband any contingent of the Cadet Force established or deemed to have been established under this Act.(b) are. that is to say: (a) the formation. control and administration of contingents of the Cadet Force.

shall continue to hold those commissions and shall have all the powers and be subject to all the obligations of officers of the Cadet Force holding commissions granted in terms of this Act.such loss or damage. (1) All arrangements with respect to the administration and control Transitional of any contingent established under the provisions of the Rhodesia and Nyasaland Cadet Corps Act. 2. 7.. etc. is hereby repealed. 3. immediately prior to the commencement of this Act. 1955. and (h) all matters to be prescribed in terms of this Act. (2) All members of the Cadet Force who. 4. shall be deemed to have been made in terms of this Act and shall. Title Interpretation Designation and grading of ranks within the Cadet Force Formation of contingents Establishment of officers Appointment. held commissions in the Cadet Corps established by the Rhodesia and Nyasaland Cadet Corps Act. 8. allowances and other conditions of service of officers in the Cadet Force. SUBSIDIARY LEGISLATION COMBINED CADET FORCE THE COMBINED CADET FORCE REGULATIONS ARRANGEMENT OF REGULATIONS Regulation 1. 1955. 6. 5. of chief petty officers Appointment of officers Promotion and suspension of officers . The Rhodesia and Nyasaland Cadet Corps Act. until otherwise provided in terms of this Act. (g) the pay. 1955. continue to be governed by the regulations which related to such matters immediately prior to the commencement of this Act. Repeal 11. 10.

31. 22. 12. 16. 27. 18. 13. 14. 23. 24.9. 17. 25. 15. 20. 2. 19. 11. 26. 28. These Regulations may be cited as the Combined Cadet Force Regulations. 30. 10. 29. unless the context otherwise requires- Title Interpretation . 21. Resignation of officers Placing of officers on supernumerary list Pay of officers Annual allowances of officers Leave of absence for officers Appointment of cadets as cadet officers Appointment of cadets to warrant and non-commissioned rank Dismissal of cadets Training year Eligibility to join Discipline at parades Publication of criticism Redress of wrongs Boards of inquiry Guards of honour and public functions Issue and preservation of Government property Issue of clothing to officers and chief petty officers Rations Illness and injury in the course of duty Death in the course of duty Benefits on death or disability Training and proficiency Standards of proficiency SCHEDULE-Ranks in the Cadet Force SECTION 9-THE COMBINED CADET FORCE REGULATIONS Regulations by the President Statutory Instruments 95 of 1965 186 of 1966 1. In these Regulations.

"officer". (b) in a contingent providing training through the medium of sea instruction. (2) The rank specified in any item of the Schedule shall be inferior to any rank specified in the preceding item and superior to any rank specified in a succeeding item. appointed to an air cadet contingent by the Air Commander under the provisions of paragraph (e) of sub-regulation (1) of regulation 5. 4. (3) The rank specified in the first column of any item of the Schedule shall be the equivalent of the rank specified opposite thereto in the second column and the third column of that item and any reference in these Regulations to any such latter rank shall be construed as including a reference to any such equivalent rank. (1) A contingent providing training through the medium of army Formation of . 3. the ranks specified in the first column of the Schedule. the ranks specified in the second column of the Schedule. "Territorial Force" shall have the meaning assigned to it under section two of the Defence Act."contingent" means a contingent of the Cadet Force established under section eight of the Act. 106 Designation and grading of ranks within the Cadet Force (a) in a contingent providing training through the medium of army instruction. but shall not include a cadet officer. the ranks specified in the third column of the Schedule. means a person commissioned as such in the Cadet Force and an officer of the Auxiliary Air Force. (c) in a contingent providing training through the medium of air instruction. for the purposes of these Regulations. "contingent commander" means any officer appointed under regulation 4 to command a contingent. (1) The ranks within the Cadet Force shall beCap.

and three cadets may be cadet corporals. four side drummers. of whom two cadets may be cadet acting sub-lieutenants. (3) A contingent comprising two platoons or more may. (5) A contingent providing training through the medium of sea instruction (hereinafter referred to as "a sea cadet contingent") shall(a) consist of such number of sea cadets as may be declared from time to time by the Army Commander. The musicians shall comprise one bass drummer. be granted authority to raise a band consisting of not more than twenty cadets.contingents (a) consist of one or more platoons. and in the event not less than fifty sea cadets. and two cadet corporals. one tenor drummer. of whom one cadet may be a cadet second lieutenant appointed under regulation 14. of whom two may be cadet sergeants. (b) be commanded by an officer appointed by the Army Commander. in addition. (2) A platoon shall consist of not more than twenty-eight army cadets. (4) The Army Commander may form any number of army cadet contingents into a unit which shall be commanded by an officer appointed by the Army Commander to command that unit in a rank not higher than major. (b) be commanded by an officer appointed by the Army Commander. three cadets may be cadet sergeants. one cymbalist and twelve buglers.instruction (hereinafter referred to as an "army cadet con-tingent") shall. of whom one cadet may be a cadet drum major. (6) A contingent providing training through the medium of air instruction (hereinafter referred to as an "air cadet contingent") shall- . appointed under regulation 14. two may be cadet petty officers and six may be cadet leading seamen.

to such army cadet contingents as he may think fit. the Army Commander may appoint a quartermaster.a lieutenant. (b) be commanded by an officer of the Auxiliary Air Force appointed by the Air Commander. such number of officers of the Auxiliary Air Force as may be appointed thereto by the Air Commander.(a) consist of one or more flights. Establishment of officers . in which one cadet may be a cadet flight sergeant. (2) Notwithstanding the provisions of sub-regulation (1). (1) Subject to the provisions of regulation 7. in the case of a sea cadet contingent. (9) The authorised contingents shall be as published in the Gazette from time to time. (b) in an army cadet contingent comprising two platoons -a captain and a lieutenant. (c) in an army cadet contingent comprising more than two platoons-a captain and such number of lieutenants as may be approved by the Army Commander. who shall be a lieutenant. (e) in an air cadet contingent. a sub-lieutenant and three chief petty officers. (d) in a sea cadet contingent-a lieutenant. (8) The Air Commander may form any two or more flights into a squadron. of whom one cadet may be a cadet sergeant and three may be cadet corporals. 5. the establishment of officers and. chief petty officers shall be(a) in an army cadet contingent comprising one platoon. (7) A flight shall consist of not more than twenty-one cadets.

etc. the Army Commander may appoint an officer of or below the rank of lieutenant commander to be overall commander of two or more sea cadet contigents. as the case may be. (2) A chief petty officer appointed under this regulation may resign his appointment by giving to the Army Commander one month's notice in writing of his intention to resign. of chief petty officers (a) appoint persons to hold the rank or rating of chief petty officer in a sea cadet contingent. (1) The President may appoint persons to hold commissioned ranks in the Cadet Force.. receive as pay and allowances the pay and allowances payable at that time to an army warrant officer class two holding the appointment of company sergeant major in the Defence Force. Promotion and maysuspension of Appointment of officers . 186 of 1966) 7. (b) suspend from duty any chief petty officer appointed under this regulation. in respect of any period during which he attends for duty at a sea cadet camp. but his commission shall not be cancelled unless he is notified in writing of the action proposed to be taken against him and is called upon to show cause in relation thereto. The Army Commander or the Air Commander. (3) A chief petty officer appointed under this regulation shall. 8. (2) An officer shall hold his appointment during the pleasure of the President. (No. (1) The Army Commander mayAppointment. (As amended by No. or at any approved full-time course of military or naval instruction in excess of forty-eight hours.(3) Notwithstanding the provisions of paragraph (d) of sub-regulation (1). 186 of 1966) 6.

12. suspend any officer from duty. shall be paid an allowance at the rate of one hundred and seventy kwacha per annum: Provided that an officer of the Auxiliary Air Force appointed to an air cadet contingent by the Air Commander under the provisions of paragraph (e) of sub-regulation (1) of regualtion 5. or at an approved full-time course of military instruction in excess of forty-eight hours. (d) holds the appointment of quartermaster. 11. Resignation of but shall not. an officer who(a) holds the rank of major or equivalent rank. An officer shall. (b) holds the rank of captain or equivalent rank. through no fault of their own. tender the resignation of his commission. shall be paid an allowance of one hundred and fifty kwacha per annum. promote or temporarily appoint officers any officer to higher rank. receive the pay and allowances appropriate to his rank and service at the Defence Force rates. The Army Commander shall cause to be placed on a list. 9. in respect of any period during which he attends for duty at a cadet camp. shall not be entitled to payment of an allowance under this regulation in respect of any period during which he is in receipt of an annual allowance or any equivalent allowance which may be prescribed by regulations relating to Placing of officers on supernumerary list Pay of officers Annual allowances of officers . who. (b) (c) appoint any officer to act in a higher rank. be relieved of officers the duties of his appointment until he has received notification of the acceptance of his resignation. the names of all officers. shall be paid an allowance at the rate of three hundred kwacha per annum. to be known as the Zambia Combined Cadet Force Supernumerary List. in writing. (1) Subject to the provisions of this regulation. are obliged to leave their contingents and who apply to have their names placed on that list.(a) on the authority of the President. other than officers of the Auxiliary Air Force. (c) holds the rank of lieutenant or equivalent rank. An officer may. unless otherwise ordered by the President. 10. shall be paid an allowance of one hundred and twenty kwacha per annum.

13. (1) The Army Commander may appoint a cadet second lieutenant or cadet acting sub-lieutenant. by his contingent commander.the Auxiliary Air Force. (b) for a period exceeding thirty days. 14. (1) A contingent commander may be granted leave of absence from Leave of his duties in the Combined Cadet Force by the Army Commander or the absence for Air Commander. (2) The annual allowance referred to in sub-regulation (1) will be payable in arrears at the rate of one-third of the allowance at the end of each school term. as the case may be. officers (2) An officer other than a contingent commander may be granted leave of absence from his duties in the Cadet Force(a) for a period not exceeding thirty days. as the case may be. Appointment of cadets as cadet officers . (5) No allowance shall be payable under this regulation to an officer in respect of any period during which that officer is on leave of absence from his duties in the Cadet Force. (3) An allowance shall be payable under this regulation to an officer who is a contingent commander only if the Army Commander or Air Commander. by the Army Commander or the Air Commander. (4) An allowance shall be payable under this regulation to an officer who is not a contingent commander only if his contingent commander has certified that he has performed his duties efficiently during the period in respect of which the allowance is payable. as the case may be. has certified that he has performed his duties efficiently during the period in respect of which the allowance is payable.

(4) Any cadet appointed to cadet warrant or non-commissioned rank may. or cadet acting sub-lieutenant shall. (3) The Army Commander may suspend any cadet second lieutenant or cadet acting sub-lieutenant from duty. 15.(2) On the report of a board of inquiry. (1) The Army Commander may appoint any cadet serving in an Appointment of cadets to warrant army cadet contingent or a sea cadet contingent to cadet and non-commissioned rank or acting cadet non-commissioned rank. or cadet acting sub-lieutenant shall not. but shall not cancel his appointment unless such cadet is notified in writing of the action proposed to be taken against him and is called upon to show cause in relation thereto. (4) A cadet second lieutenant. on the recommendation of his contingent commander. (3) Notwithstanding the provisions of sub-regulation (2) of regulation 4. be reduced . for the purposes of this and the foregoing sub-regulation. the Army Commander may appoint any cadet serving in an army cadet contingent to cadet warrant officer. "non-commissioned rank" shall not include the rank of cadet warrant officer. or acting cadet warrant officer. be relieved of the duties of his appointment until he has left his contingent or his appointment has been cancelled under subregulation (2). (5) A cadet second lieutenant. unless suspended by the Army Commander. in respect of any period during which he attends for duty at a cadet camp. be paid at the rate of thirty-five ngwee per day. non-commissioned rank (2) The Air Commander may appoint any cadet serving in an air cadet contingent to cadet non-commissioned rank or acting cadet non-commissioned rank: Provided that. the Army Commander may cancel the appointment of any cadet second lieutenant or cadet acting sub-lieutenant.

in rank by the Army Commander or the Air Commander. (3) Notwithstanding the provisions of this regulation. Officers and cadets of the Cadet Force shall not by public Publication of discussion or by communicating anonymously or otherwise to the press criticism or by publishing or being party to the publication of matters concerning the Cadet Force or any contingent thereof(a) criticise adversely the conduct of any officer or cadet of the Cadet Force acting in the exercise of his duties under the Act or these Regulations. join (2) Boys who join the Cadet Force must be attending a recognised secondary school in Form III or above. as the case may be. may permit any boy to serve in the Cadet Force if. in the absence of an officer. may dismiss from any of his cadets contingents any cadet who. (1) If an officer thinks himself wronged by his contingent commander and. 16. 20. 21. The senior officer or. as the case may be. The Army Commander or the Air Commander. on due application made to that officer. on the report of a board of inquiry. as the case may be. is guilty of insubordination or misconduct. in the opinion of such Commander. (1) The age prescribed for the purposes of paragraph (a) of section Eligibility to six of the Act shall be fourteen years six months. 19. it is in the interests of the Cadet Force. Dismissal of may. 17. the senior cadet Discipline at present at any parade of cadets shall be responsible for the due parades observance of discipline by all cadets present. does not Redress of wrongs . or (b) create or express a feeling of discontent among officers or cadets of the Cadet Force against lawful orders or instructions issued under proper authority. the Army Commander or the Air Commander. The training year for cadets shall be the calendar year. Training year 18. in the opinion of such Commander.

if on inquiry he is satisfied of the justice of the complaint. Boards of inquiry Guards of honour and public functions 24. (2) If any cadet has a complaint against any other cadet or officer. if on inquiry he is satisfied of the justice of the complaint. he may complain to the Army Commander or the Air Commander.receive the redress to which he considers himself entitled. as the case may be. (1) An issue of arms. he may complain to his contingent commander and. preservation of Government property (2) Any arms. 23. Cadets shall not form guards of honour or take part in any public function in their capacity as cadets without the authority of the Army Commander or the Air Commander. 22. through his contingent commander. he shall take such steps as he considers necessary to give full redress to the complaintant. as the case may be. Boards of inquiry may be convened by the Army Commander or the Air Commander from time to time for the purpose of investigating and reporting upon any matter concerning the Cadet Force. (3) Every contingent commander to whom a complaint is made shall cause that complaint to be inquired into and. . other than his contingent commander. clothing and stores shall be made Issue and to a contingent from time to time at the expense of the Government. as the case may be. the Commander to whom such complaint is made shall cause the complaint to be inquired into and. equipment. as the case may be. equipment and clothing issued to a contingent shall be issued to the members thereof by the contingent commander in accordance with the directions of the Army Commander or the Air Commander. if such complaint is not redressed or if he has any complaint against his contingent commander. he may complain to the Army Commander or the Air Commander. (4) If a complaint is made to the Army Commander or the Air Commander. he shall take such steps as he considers necessary to give full redress to the complainant.

he shall be liable to pay an amount equal to the cost thereof to the Government. chief petty officer or cadet who first discovers such loss. chief petty officer or cadet may at any time be ordered by his contingent commander to return all or any of the items thereof. 186 of 1966) 25. chief petty officer or cadet fails to return any item of arms and equipment issued to him free of charge. damage or destruction. (6) If the commission of an officer is cancelled or if he resigns from the Cadet Force. or if. and an officer. chief petty officer or cadet of the Cadet Force and any clothing issued free of charge to a chief petty officer or a cadet shall remain the property of the Government. equipment and clothing which have been issued to him free of charge. or (b) a chief petty officer or cadet fails to return any item of clothing issued to him free of charge. lost or destroyed and that he took all reasonable precautions to prevent its theft. (As amended by No. or destruction of. clothing or stores shall be reported immediately to the contingent commander by the officer. loss or destruction.(3) Any arms and equipment issued free of charge to an officer. he resigns from that Force. a chief petty officer or cadet shall hand to his contingent commander any arms. equipment. (5) Loss or damage to. when ordered to do so(a) an officer. he shall hand in to his contingent commander any arms and equipment which have been issued to him under this regulation. any arms. (7) On ceasing to be a member of the Cadet Force. unless he can show that such item was stolen. (1) An issue of clothing shall be made to every officer on his appointment to commissioned rank and to every chief petty officer on his appointment: Issue of clothing to officers and chief petty . being an officer of the Auxiliary Air Force. (4) If.

be entitled to an issue of clothing under this regulation. and shall remit the whole of any such amount if the officer or chief petty officer is suffering from ill health certified by a medical officer of the Defense Force as being sufficiently serious to warrant the resignation. or an officer authorised by him. this allowance to be paid in arrears at the rate of one-third of the allowance at the end of each school term: Provided that an officer of the Auxiliary Air Force appointed to an air . and who has been appointed to an air cadet contingent by the Air Commander under the provisions of paragraph (e) of sub-regulation (1) of regulation 5 shall not. (2) If an officer to whom an issue of clothing has been made is permitted to resign his commission and his resignation takes effect or a chief petty officer to whom an issue of clothing has been made terminates his service(a) before the expiry of two years from the date of his appointment to commissioned rank or to be a chief petty officer. may remit the whole or any portion of the amount which an officer or chief petty officer is liable. (b) after the expiry of two years but before the expiry of three years from the date of his appointment to commissioned rank or to be a chief petty officer. he shall be liable to pay to the Government an amount equal to one-third of the cost of that issue. in his opinion. (4) An officer or chief petty officer shall be paid an allowance of twenty kwacha annually for the purpose of maintaining his clothing. there are special circumstances which make the resignation of an officer or chief petty officer necessary. under the provisions of this regulation to pay to the Government if. on such appointment.officers Provided that an officer of the Auxiliary Air Force who has received an issue of clothing on his appointment to commissioned rank in that Force. he shall be liable to pay to the Government an amount equal to two-thirds of the cost of that issue. (3) Notwithstanding the provisions of sub-regulation (2). the President.

or sustains an injury. or the amount of salary and allowances which would have been paid to him by his employer had he been carrying out his civil occupation during such period. as the case may be. 27. chief petty officer or cadet in the course of duties in the Cadet Force shall be reported immediately to a medical officer in the Defence Force. receive from Government the pay and allowances referred to in regulation 11 in respect of any period that he is thereby incapacitated from carrying out his civil occupation. (As amended by No. (As amended by No. (3) Any expenses incurred in the treatment of an officer or cadet referred to in sub-regulation (2) by a medical practitioner. shall only be paid by the Government if the treatment has been authorised and approved by the Senior Medical Officer of the Defence Force or the Permanent Secretary. Department of Health. other than a medical officer of the Defence Force or a Government medical officer. (ii) in the case of an officer or chief petty officer.cadet contingent by the Air Commander under the provisions of paragraph (e) of sub-regulation (1) of regulation 5 shall not be entitled to an allowance under this regulation but shall be paid the appropriate allowance for the purpose of maintaining his clothing prescribed by regulations relating to the Auxiliary Air Force. Officers and cadets of the Cadet Force attending for duty at a cadet Rations camp shall be issued with rations at the expense of the Government. chief petty officer or cadet who. 186 of 1966) 26. whichever is the greater. (1) An illness contracted or injury sustained by an officer. in the course of his duties in the Cadet Force(a) (b) contracts an illness. 186 of 1966) . (2) An officer. Illness and injury in the course of duty which is not due to misconduct or serious negligence on his part shall(i) be entitled to receive such free medical attention and treatment as is authorised by a medical officer of the Defence Force.

as the case may be. The Army Commander.28. the amount of any reasonable expenses incurred in burying him shall be paid by the Government. in respect of army and sea cadets. proficiency which shall be recognised by the granting of appropriate certificates or other awards. and the Training and Air Commander in respect of air cadets will prescribe the courses of proficiency instruction to be followed by cadets. and the conditions in which such awards shall count towards the status of a cadet who later joins the Territorial Force. Standards of shall prescribe the standards of proficiency to be attained by cadets. a person who was an officer or chief petty officer. 31. If an officer. "disabled officer or chief petty officer" means(a) (b) an officer or chief petty officer. 186 of 1966) 29. (1) Every disabled officer or chief petty officer and the widow. 186 of 1966) 30. (As amended by No. or the Air Commander. (2) For the purposes of this regulation"deceased officer or chief petty officer" means a person who was an officer or chief petty officer and who dies owing to an injury received or from an illness contracted in and by the discharge of his duties in the Cadet Force without any misconduct or serious negligence on his part. chief petty officer or cadet dies as a result of an illness Death in the contracted or an injury sustained in the course of his duties in the Cadet course of duty Force. Benefits on child or other dependant of a deceased officer or chief petty officer shall death or be entitled to such disablement benefits and allowances as may be disability prescribed by regulation from time to time. . The Army Commander. (As amended by No. who is suffering from a disablement which is attributable to or which has been aggravated by the discharge of his duties in the Cadet Force without any misconduct or serious negligence on his part.

SCHEDULE (Regulation 3) RANKS IN THE CADET FORCE Army Contingents 1. Major 2. Cadet Warrant Officer Class II/ Cadet Drum Major 7. Cadet Warrant Officer Class I 6. Lieutenant 4. Cadet Second Lieutenant 5. Cadet Cadet Able Seaman/ Cadet Ordinary Seaman Cadet Petty Officer Cadet Leading Seaman Sea Cadet Contingents Lieutenant-Commander Lieutenant Sub-Lieutenant Chief Petty Officer Cadet Acting SubLieutenant Air Cadet Contingents } Officers are members of the Auxiliary Air Force Cadet Flight Sergeant Cadet Sergeant Cadet Corporal Senior Cadet Leading Cadet/Cadet First Class/Cadet Second Class (As amended by No. Cadet Corporal 10. Captain 3. 186 of 1966) CHAPTER 119 THE SOCIETIES ACT ARRANGEMENT OF SECTIONS PART I PELIMINARY Section . Cadet Colour Sergeant 8. Cadet Lance Corporal 11. Cadet Sergeant 9.

etc. 18. 15. of exempted societies Information to be furnished by registered societies Authorised officer may call for audited accounts Persons responsible for supplying information Discretion to publish information PART IV . 10. 12. 20. 2.1. 13. 7. 4. 16. 8. 21. Change of name. 22. etc. 3. 14.. 9. Appeals PART III DUTY OF SOCIETIES TO FURNISH IINFORMATION 17. 11. 19. OR EXEMPTION FROM Application for registration or exemption Registration or exemption of societies Grounds for refusing registration or exemption Cases where Registrar must refuse registration or exemption Method of effecting registration Exemption from registration to be entered in register Rescission of exemption Cancellation of registration Prohibition of certain acts after society has become unlawful Publication of registration. of registered societies Change of name. 5. etc.. Short title Interpretation Registrar of Societies Protection of officers Associations deemed to be established in Zambia PART II REGISTRATION REGISTRATION 6.

27. 25. Unlawful societies Penalties of office-bearers. etc. Penalty for unauthorised disclosure Rules 65 of 1957 46 of 1958 26 of 1960 7 of 1962 9 of 1974 21 of 1990 13 of 1994 Government Notices 314 of 1964 497 of 1964 Statutory Instruments CHAPTER 119 SOCIETIES An Act to provide for the better control of societies by registration and supervision. 30. Consent to prosecution Forfeiture Registered office Power to reject information. 26. 36. 32. 38. 33. Service of summons. 31. etc.. 28. etc. Search warrants Power to search without warrant Supplementary provisions as to search warrants. of unlawful society Persons allowing unlawful society on premises Presumptions as to societies Presumption of membership.UNLAWFUL SOCIETIES Section 23. members. 37. 34. 1958] . etc. [2nd June. of society Winding up affairs of unlawful society PART V GENERAL 29. etc.. 24. 35. and to provide for matters connected therewith and incidental thereto.

Short title 2. and any police officer of or above the rank of Sub-Inspector. (No. "society" means any club. partnership or other association of ten or more persons. means any person who is the president. chairman. This Act may be cited as the Societies Act. "exempted society" means any society for the time being exempted from registration under the provisions of this Act. (1) In this Act. the application of such society for registration. secretary or treasurer of such society. "place" includes vessel and vehicle. company. "office-bearer". "Permanent Secretary" means the Permanent Secretary. in relation to any society or any committee or governing or executive body of a society. in relation to a society. vice-president. whatever its nature or object- Interpretation . "registered society" means any society for the time being registered under the provisions of this Act. includes an office-bearer of such society. unless the context otherwise requires"authorised officer" means the Registrar. and contained in. 9 of 1974) "declared objects". or who holds therein any office or position analogous to any of those mentioned above. Ministry of Home Affairs. "Registrar" means the officer appointed as Registrar of Societies under section three and such other officers as may be appointed under the same section. an Administrative Officer. means the objects declared by such society at the time of. or any subsequent variation of such objects made in accordance with rules made under the provisions of this Act. "member". committee or body. deputy chairman.66 of 1965 96 of 1969 PART I PRELIMINARY 1. in relation to any society. a police officer in charge of a District Police Station.

by statutory order. 26 of 1960. company. (ii) any company. Royal Letters Patent.(a) formed or established in Zambia. is a member of an association. Order in Council or any law for the time being in force in Zambia. (vi) any society or class of society which the Minister may. 314 of 1964. board. "unlawful society" means a society declared to be unlawful by or under the provisions of section twenty-three. (2) Where any body of persons. and any building society. British Act. 96 of 1969) Cap. partnership or association.I. declare not to be a society for the purposes of this Act.N. "statutory society" means a registered society or an exempted society. 388 Cap. association. or which has complied with the requirements of section two hundred and twenty-six of the said Act. 269 Cap. council. (v) any co-operative society registered under the provisions of the Co-operative Societies Act. S. G. and any branch of such club. (iii) any trade union registered under the provisions of the Industrial and Labour Relations Act (iv) any company. association or partnership consisting of not more than twenty persons. all members of such body shall be deemed. photography or any other means whatsoever. to be members of such association. or (c) which is deemed to be an association established in Zambia under the provisions of section five. for the purposes of this Act. 66 of 1965 and S. committee or other body lawfully constituted or established under Royal Charter. and any reproduction of any document by printing. formed and maintained for the sole purpose of carrying on any lawful profession or business. whether similar to those enumerated or not. 347 . or (b) having its headquarters or chief place of business within Zambia. whether corporate or unincorporate. No. "writing" includes any handwritten or typed document and any carbon or other copy thereof. but does not include(i) any company registered under the provisions of the Companies Act. authority.I. No. No. lithography. (As amended by No.

as may be necessary for the purposes of this Act. (As amended by G. No suit shall lie against any public officer for anything done or Protection of omitted to be done by him in good faith without negligence and intended officers exercise of any power of performance of any duty conferred or imposed upon him by any of the provisions of this Act.3. and (iii) no register of all or any of the members of such association is kept in Zambia. (2) The Minister may from time to time give general or special directions to the Registrar as to the performance of his duties. 314 of 1964) Registrar of Societies 4. No. 5.N. place of business or place of meeting is maintained or used in Zambia by such association or by any persons in its behalf. PART II REGISTRATION OR EXEMPTION FROM . Associations deemed to be established in Zambia (ii) no office. and the Registrar shall comply with any such directions. if any of its office-bearers or members reside in Zambia or is present therein. who shall be public officers. (1) There shall be a public officer styled the Registrar of Societies and such additional Registrars. and (iv) no subscriptions are collected or solicited in Zambia by the society or by any person in its behalf. An association shall be deemed to be established in Zambia although it is organised and has its headquarters or chief place of business outside Zambia. or if any person in Zambia manages or assists in the management of such association or solicits or collects money or subscriptions in its behalf: Provided that no association shall be deemed to be so established if and so long as(i) and it is organised and is operating wholly outside Zambia.

notwithstanding anything contained in this Act. societies (2) Upon due application being made by any society for exemption . make application to the Registrar for registration or for exemption from registration under this Act. No. 46 of 1958. 314 of 1964 and Act No. no such society shall be deemed to be an unlawful society until such period or extended period has elapsed. shall. 13 of 1994) 7. other than a society in respect of which an order Application for made under the provisions of subsection (2) of section twenty-three is in registration or exemption force. or within such extended period as the Registrar may in any particular case allow. (2) Every society in existence at the commencement of this Act shall. make application to the Registrar for registration or for exemption from registration under this Act within sixty days of such date. such society may make a subsequent application to the Registrar for registration or exemption from registration under this Act. (As amended by No. or within such extended period as the Registrar may either generally or in any particular case allow. and. 26 of 1960. G. (4) Any person who knowingly makes any false statement in any application made under the provisions of this section shall be guilty of an offence and shall be liable to a fine not exceeding three thousand penalty units. An application under the provisions of this section shall be deemed not to have been made until it has been received by the Registrar. (1) Upon due application being made by any society for registration. (1) Every society. and such application may. with the prior consent of the Permanent Secretary. register such exemption of society. (3) Notwithstanding the failure of a society to make application for registration or exemption from registration within the relevant period prescribed under subsection (1) or (2). subject to the provisions of this Act. be deemed to be a due application for the purposes of section seven.REGISTRATION 6. in the manner prescribed and within twenty-eight days of the formation thereof or of the adoption thereby of a constitution or of rules. No. in the manner prescribed.N. Registration or the Registrar shall.

or exempting from registration.N. welfare or good order in Zambia would otherwise be likely to suffer prejudice by reason of the registration. the Registrar may(a) with the approval of the Permanent Secretary and subject to the provisions of this Act. any unlawful purpose or for any purpose prejudicial to or incompatible with the peace. grant such exemption. 26 of 1960 and G. The Registrar shall refuse to register and shall not exempt from registration any society where(a) it appears to him that the terms of the constitution or rules of such society are in any respect repugnant to or inconsistent with the provisions of any law for the time being in force in Zambia. 314 of 1964) 9. welfare or good order in Zambia. or exemption from registration. grant such society exemption from registration. or that the interests of the peace. or (b) refuse the application. (As amended by No. in his absolute discretion and subject to such conditions. The Registrar may refuse to register and shall not exempt from registration any society where it appears to him that such society has among its objects. the Registrar shall treat the application as an application for registration and shall. subject to the provisions of this Act. and thereupon the Registrar shall cancel the certificate issued to such society under the provisions of subsection (3) and shall issue a certificate of exemption to such society. a society. 46 of 1958 and G. of such society. No. (4) Notwithstanding any other provision of this Act. a registered society may make application to the Permanent Secretary for exemption from registration and the Permanent Secretary may. or Cases where Registrar must refuse registration or exemption Grounds for refusing registration or exemption . 314 of 1964) 8.from registration. if any. the Registrar shall issue to such society a certificate in the prescribed form which shall be prima facie evidence of registration or exemption. or is likely to pursue or to be used for. and if such exemption is not granted. as he thinks fit. (3) On registering. register the society. No. (As amended by No. as the case may be.N.

Exemption from registration to be entered in register (2) Upon payment of such fee as may be prescribed. repugnant to or inconsistent with the provisions of any law for the time being in force in Zambia or is otherwise undesirable. or (ii) so nearly resembles the name of such other society as. the register kept under the provisions of subsection (1) may be searched and examined by .(b) he is satisfied that the application does not comply with the provisions of this Act or of any rules made thereunder. (As amended by No. (3) Any document purporting to be an extract of any entry in the register kept under the provisions of subsection (1) and to be certified under the hand of the Registrar shall be received in evidence as to the matters stated therein in any proceedings under the provisions of this Act. the register kept under the provisions of subsection (1) may be searched and examined by any person during the usual office hours upon application being made to the Registrar in that behalf. (1) When a society is exempted from registration under the provisions of section seven. or the name under which the society is to be registeredis identical with that of any other existing society. 26 of 1960) 11. 10. registration (2) Upon payment of such fee as may be prescribed. or (iii) is. in the opinion of the Registrar. or (c) (d) (i) he is satisfied that the society does not exist. in the opinion of the Registrar. the Registrar shall enter in a register kept for the purpose the name of such society together with the date of such exemption. (1) The Registrar shall effect registration of a society by entering in Method of effecting a register kept for the purpose the particulars given in the application form and the date of such entry. is likely to deceive the public or the members of either society.

within twenty-one days from the date of the receipt of notification of such rescission. cancel at any time the Cancellation of registration of any society effected under the provisions of section seven registration if he is satisfied that it is expedient so to do on the ground that(a) the society concerned has. 13 of 1994) 13. within twenty-one days from the date of the receipt of notification of such rescission. exemption (2) Where the Registrar rescinds the exemption of a society under the provisions of subsection (1). (No. every office-bearer of the society shall be guilty of an offence and shall be liable to a fine not exceeding seven hundred and fifty penalty units and to a further fine not exceeding one hundred and fifty penalty units for every day after the expiration of the said period of twenty-one days upon which such certificate remains unsurrendered. surrender to the Registrar the certificate of exemption issued to it under the provisions of subsection (3) of section seven. welfare or good order in Zambia would. be deemed to be an unlawful society. with the approval of the Minister. 7 of 1962) 12. in his opinion. rescind at Rescission of any time any exemption granted under the provisions of section seven. apply for registration under this Act. and where such society so applies it shall not. or to be used for. or (b) the interests of peace. (3) Where the Registrar rescinds the exemption of a society under the provisions of subsection (1). likely to pursue. any unlawful purpose or any purpose prejudicial to or incompatible with the peace. 314 of 1964 and Act No. (1) The Registrar may. . in his discretion. or is. (As amended by G. in his opinion. No.N. such society may. in his opinion. (1) The Minister may. and if such certificate is not so surrendered. among its objects. pending consideration of such application and notwithstanding any provision of this Act to the contrary. be likely to suffer prejudice by reason of the continued registration of such society. welfare or good order in Zambia. such society shall.any person during the usual office hours upon application being made to the Registrar in that behalf.

314 of 1964) . or (e) the society has changed its name and the new name it has adopted(i) is identical with that of any other existing society. is likely to deceive the public or the members of either society. or (c) the society concerned has failed to comply with an order made under the provisions of section nineteen or twenty within the time stated in such order. in his opinion. cancel at any time the registration of any society effected under the provisions of section seven if he is satisfied that it is expedient so to do on the ground that(a) the terms of the constitution or rules of such society are. or (b) the society concerned has. No. (3) Prior to cancelling any registration under the provisions of this section. or (d) he has reason to believe that any such society has ceased to exist as a society. the Registrar shall notify his intention to the society concerned and shall give such society an opportunity to submit reasons why the registration should not be cancelled. in the opinion of the Registrar. in any respect repugnant to or inconsistent with the provisions of any law for the time being in force in Zambia. 46 of 1958 and G. in the opinion of the Registrar. repugnant to or inconsistent with the provisions of any law for the time being in force in Zambia or is otherwise undesirable. (As amended by No. in contravention of the provisions of section seventeen. or (iii) is.N.(2) The Registrar may. in his discretion. (4) A society which has had its registration cancelled under the provisions of paragraph (c) of subsection (2) shall not be entitled to apply for re-registration until the order concerned has been complied with. altered its objects or pursues objects other than its declared objects. or (ii) so nearly resembles the name of such other society as.

has objects similar to the objects of such unlawful society. in the area of Zambia specified therein. . (5) An order under this section shall continue in force for such period (not exceeding six months) as may be specified therein: Provided that nothing herein shall preclude the Minister from making a further order or further orders with or without variations if it appears to him to be in the public interest to do so. (4) For the purposes of this section. by order prohibit any act specified therein- Prohibition of certain acts after society has become unlawful (a) by any person on behalf of or in relation to any society associated with such unlawful society. or to both. proposed to carry on. being the area in which it appears to him that such society carried on or. (3) A police officer of or above the rank of Inspector may arrest without warrant any person whom he suspects upon reasonable grounds of having committed an offence against this section. its activities or in any part of such area. the Minister may. where it appears to him to be in the public interest to do so.14. as the case may be. (1) Where any society is or has become an unlawful society under the provisions of this Act. a society shall be deemed to be in association with a society which has become unlawful or has been refused registration or has had its registration cancelled if such society is the parent society of which such unlawful society is a branch or is derived from the same parent society or is the successor of such an unlawful society. in the opinion of the Minister. or (b) by any person on behalf of or in relation to any society which. (2) Any person who contravenes the provisions of an order made under subsection (1) shall be guilty of an offence and liable on conviction to a fine not exceeding three thousand penalty units or to imprisonment for a term not exceeding one year.

(As amended by No. etc. within twenty-one days or such extended period as the Minister may allow. 7 of 1962) 16. 46 of 1958 as amended by G.(No. (b) every exemption from registration granted under the provisions of section seven. (e) every refusal to register under the provisions of section eight or nine. (d) every cancellation of registration effected under the provisions of section thirteen. 26 of 1960 and G. appeal against such refusal or decision to the Minister. of registered societies (a) (i) changeits name. from the date of such refusal or cancellation. by Gazette notice. No. (As amended by No. and (f) every change of its name by a statutory society notified under the provisions of section seventeen or eighteen. (a) The Registrar shall. 13 of 1994) 15. Publication of registration. 314 of 1964) PART III DUTY OF SOCIETIES TO FURNISH INFORMATION 17. Any society.. etc.N. (c) every rescission of exemption from registration effected under the provisions of section twelve. notifyevery registration effected under the provisions of section ten. (1) No registered society shallChange of name. No. or . other than a society the registration of which has been Appeals cancelled under the provisions of subsection (1) of section thirteen or in respect of which an order made under the provisions of subsection (2) of section twenty-three is in force. 314 of 1964 and Act No. which is aggrieved by the refusal of the Registrar to register such society or by his decision to cancel the registration thereof or by his refusal to grant any application made under the provisions of subsection (2) of section nineteen may.N.

of exempted societies (2) If any exempted society fails to comply with the provisions of subsection (1).. (1) Every exempted society which changes its name or adds to or decreases its objects shall give notice in writing to the Registrar within one month thereof. Information to order any registered society to furnish him withbe furnished by registered societies (a) a true and complete copy of the constitution and rules of such society in force at the date of such order. or acts in contravention of. . (b) a true and complete list of office-bearers of such society or of any committee or governing or executive body of such society residing in Zambia or present therein at the date of such order. (As amended by Act No. 13 of 1994) 18. without notification in writing to the Registrar within one month thereof. then such society and every office-bearer thereof shall be guilty of an offence and shall be liable to a fine not exceeding three thousand penalty units.(ii) (b) any of the provisions of its constitution or rules. (2) If any registered society fails to comply with. any of the provisions of this section. and it shall be the duty of every office-bearer of a registered society to ensure that such society does not contravene the provisions of this subsection. 13 of 1994) 19. or affiliated to or connected with. etc. (As amended by Act No. (1) An authorised officer may. or (c) become a branch of. or add to or decrease its objects. any organisation or group of a political nature established outside Zambia. Change of name. such society and every office-bearer thereof shall be guilty of an offence and liable to a fine not exceeding three thousand penalty units. at any time by notice under his hand.

(c) such accounts, returns and other information as may be prescribed by the Minister. (2) An order given under the provisions of subsection (1) shall specify the time, not being less than twenty-one days, within which the information shall be supplied: Provided that the authorised officer may, in his discretion, on application being made to him and good cause being shown, grant such extension of time as he may think fit. (3) Without prejudice to the provisions of subsections (1) and (2), an authorised officer may, at any time by notice under his hand, order any registered society within a time to be specified in such notice to permit its accounts to be inspected by himself or by a person authorised in writing by him. (4) Every office-bearer and every person managing or assisting in the management of a society in respect of which a notice under subsection (3) has been served shall supply to the authorised officer or the person authorised by him such information relating to the accounts of the society and other matter incidental thereto as an authorised officer or such authorised person may require, and when the inspection is undertaken by a person authorised by the authorised officer, such person shall make a report to the authorised officer with such recommendation as he may deem fit to include. (As amended by No. 46 of 1958, No. 26 of 1960 and G.N. No. 314 of 1964) 20. (1) An authorised officer may, at any time by notice under his hand, order any registered society to furnish him, within a time not being less than twenty-eight days to be stated in such order, with duly audited accounts of such society. (2) For the purposes of this section, "duly audited" means audited by an auditor approved by an authorised officer and such approval may be given either generally or for any particular audit. (As amended by No. 26 of 1960) Authorised officer may call for audited accounts

21. (1) Any order made by an authorised officer in relation to any registered society under the provisions of section nineteen or twenty shall be binding upon every office-bearer and upon every person managing or assisting in the management of such society in Zambia who has been served with such order. (2) If any registered society fails to comply with the whole or any part of any order given under the provisions of section nineteen or twenty, each of the persons mentioned in subsection (1) who has been served with such order shall be guilty of an offence and shall be liable to a fine not exceeding three thousand penalty units: Provided that it shall be a defence for any such person to prove to the satisfaction of the court that he has exercised due diligence and has failed to comply with the order for reasons beyond his control. (3) If any information supplied to an authorised officer in compliance with an order given under the provisions of section nineteen or twenty is incorrect or incomplete in any material particular, the person who supplied such information shall be guilty of an offence and shall be liable to a fine not exceeding three thousand penalty units: Provided that it shall be a defence for such person to prove to the satisfaction of the court that he believed and had good reason to believe that the information was correct and complete. (As amended by No. 26 of 1960 and Act No. 13 of 1994)

Persons responsible for supplying information

22. The Minister may, where it appears to him to be in the interests of Discretion to the members of the society concerned, take such steps as he thinks publish necessary to publish to such members any matter furnished to the information Registrar under the provisions of section nineteen or twenty. (As amended by G.N. No. 314 of 1964) PART IV UNLAWFUL SOCIETIES

23. (1) Every society, other than a statutory society, shall be deemed to Unlawful societies be an unlawful society: Provided that a society in respect of which(i) an application for registration or exemption from registration has been duly and lawfully made under the provisions of section six and has not been refused; or (ii) an appeal has been lawfully made to the Minister under the provisions of section sixteen and remains undetermined; shall not be deemed to be an unlawful society pending such refusal or determination. (2) The Minister may, in his absolute discretion, where he considers it to be essential in the public interest, by order declare to be unlawful any statutory society which, in his opinion(a) is being used for any purpose prejudicial to, or incompatible with, the maintenance of peace, order and good government; or (b) is being used for any purpose at variance with its declared objects. (3) An order made under the provisions of subsection (2) shall operate immediately to cancel the registration or rescind the exemption from registration, as the case may be, of the society concerned. (4) The Minister may at any time vary or revoke an order made under the provisions of subsection (2), but while any such order remains in force, the society in respect of which it was made shall not be entitled to apply for registration or for exemption from registration under this Act. (As amended by No. 46 of 1958 and G.N. No. 314 of 1964) 24. (1) Any office-bearer and any person managing or assisting in the management of any unlawful society and any person who is or who purports to be charged with the performance of any function in respect of such society, which is distinct from the functions of an ordinary Penalties of office-bearers, members, etc., of unlawful

member, shall be guilty of an offence and shall be liable to a fine not society exceeding fifteen thousand penalty units or to imprisonment for a period not exceeding seven years, or to both. (2) Any person who(a) (b) acts as a member of an unlawful society; or attends any meeting of an unlawful society; or

(c) in any public place utters any word or statement, or makes any sign, or displays or is in possession of any badge, banner, insignia or writing, whereby it is indicated that such person is a member of an unlawful society; shall be guilty of an offence and shall be liable to a fine not exceeding fifteen thousand penalty units or to imprisonment for a period not exceeding seven years, or to both. (As amended by No. 26 of 1960 and Act No. 13 of 1994) 25. Any person who knowingly allows a meeting of an unlawful society, or of members of an unlawful society, to be held in any place belonging to or occupied by him, or over which he has control, shall be guilty of an offence and shall be liable to a fine not exceeding seven thousand five hundred penalty units or to imprisonment for a period not exceeding three years, or to both. (As amended by Act No. 13 of 1994) 26. In any proceedings under the provisions of this Act(a) where it is proved that a club, company, partnership or association of ten or more persons is in existence, it shall be presumed that such club, company, partnership or association is a society within the meaning of this Act unless the contrary is proved; (b) it shall not be necessary for the prosecution to prove that a society possesses a name, or that it has been constituted or is usually known under a particular name; (c) where it is alleged that a society is an unlawful society, the burden of proving that such society is a registered or exempted society, or that an application for registration or exemption from registration has been lawfully made under the provisions of section six and has not been Presumptions as to societies Persons allowing unlawful society on premises

refused, shall lie on the person charged. (As amended by No. 46 of 1958) 27. (1) Where any books, accounts, writings, lists of members, seals, banners or insignia of, or relating to, or purporting to relate to, any society are found in the possession of any person, it shall be presumed, until the contrary be proved, that such person is a member of such society, and such society shall be presumed, until the contrary be proved, to be in existence at the time such books, accounts, writings, lists, seals, banners or insignia are so found. (2) Where any books, accounts, writings, lists of members, seals, banners or insignia of, or relating to, any society are found in the possession of any person, it shall be further presumed, until the contrary be proved, that such person assists in the management of such society. 28. (1) The Minister may order that the property, real and personal, which belongs to an unlawful society or which is, with the consent and permission of the true owner thereof, in the possession, order or disposition of such society shall vest in such officer as may be specified in such order, and thereupon such property shall vest in such officer and such officer shall proceed to wind up the affairs of such society, and if, after satisfying and providing for all the debts and liabilities of the society and the cost of winding up, there are any surplus assets, such officer shall prepare and submit to the Minister a scheme for the application of such surplus assets. (2) Where it is necessary that any entry be made in or on any book, register, title deed or other document in order to vest any property in any officer in pursuance of an order made under the provisions of subsection (1), such entry shall, on production of such order, be made, by the person whose duty it is to make such entry, without the payment of any fee or duty in respect thereof. (3) A scheme submitted to the Minister under subsection (1) may be amended by the Minister in such manner as he may think proper in the circumstances of the case, and the approval of the Minister to such scheme shall be denoted by the endorsement thereon of such approval signed by the Permanent Secretary, and thereupon the surplus assets, the subject of the scheme, shall be held by the officer concerned upon the terms and to the purposes thereby prescribed. Winding up affairs of unlawful society Presumption of membership, etc., of society

(4) For the purposes of the winding-up of the affairs of a society under the provisions of this section, the officer specified in the order made under subsection (1) shall have all the powers vested in the Official Receiver for the purpose of the discovering of the property of a debtor and the realisation thereof. (5) The Minister may, for the purpose of enabling a society to wind up its own affairs, suspend the operation of any order made under the provisions of subsection (1) for such period as to him may seem expedient. (6) The provisions of this section shall not apply to any property forfeited under the provisions of section thirty-three. (As amended by No. 26 of 1960 and G.N. No. 314 of 1964) PART V GENERAL
Search warrants 29. (1) Whenever it is represented on oath or affidavit to a Judge or magistrate that in fact or according to reasonable suspicion any society, whether a statutory society or not, is being used or has been used or is about to be used for unlawful purposes or for purposes prejudicial to or incompatible with the maintenance of peace, order and good government, or that any statutory society is being used or has been used or is about to be used for unlawful purposes at variance with its declared objects, such Judge or magistrate may by warrant empower an authorised officer to enter, with or without assistance and using force for that purpose if necessary, into any place which is so represented to be or have been used or to be about to be used as a place of meeting or place of business of such society, and search such place and any person found therein or escaping therefrom for evidence that such society is being used for such purposes aforesaid.

(2) Whenever it is represented on oath or affidavit to a Judge or magistrate that in fact or according to reasonable suspicion any place is or is about to be used as a place of meeting of an unlawful society or of persons who are members of an unlawful society or for the concealment, custody or deposit of any books, accounts, writings, lists of members,

banners, seals, insignia, firearms, weapons or other articles belonging to an unlawful society, such Judge or magistrate may by warrant empower an authorised officer to enter, with or without assistance and using force for that purpose if necessary, into and search such place and seize or cause to be seized all books, accounts, writings, lists of members, banners, seals, insignia, firearms, weapons or other articles which he has reasonable cause to believe belong to any unlawful society or to be in any way connected therewith and to arrest or cause to be arrested any person found in such place or escaping therefrom. (As amended by S.I. No. 66 of 1965 and Act No. 9 of 1974) 30. (1) The Minister may, by statutory order, declare that the provisions Power to search of this subsection shall apply to any area of Zambia, and in any area to without warrant which this subsection has been so applied it shall be lawful for any authorised officer who has reason to believe that any society, whether a statutory society or not, is being used or has been used or is about to be used for unlawful purposes or for purposes prejudicial to or incompatible with the maintenance of peace, order and good government, or that any statutory society is being used or has been used or is about to be used for purposes at variance with its declared objects, to enter, with or without assistance and using force for that purpose if necessary, into any place which he has reason to believe is used or has been used or is about to be used as the place of meeting or place of business of such society and to search such place and any person found therein or escaping therefrom for evidence that such society is being used for such purposes as aforesaid. (2) The Minister may, by statutory order, declare that this subsection shall apply to any area of Zambia, and in any area to which this subsection has been so applied it shall be lawful for any authorised officer to enter, with or without assistance and using force for that purpose if necessary, into any place in which he may have reasonable grounds to believe that a meeting of an unlawful society or of persons who are members of an unlawful society is being held, or that books, accounts, writings, lists of members, banners, seals, insignia, firearms, weapons or other articles belonging to an unlawful society are concealed, kept or deposited and to arrest or cause to be arrested all persons found in or escaping from such place and seize or cause to be seized all books, accounts, writings, lists of members, banners, seals, insignia, firearms, weapons or other articles which he may have reasonable cause to believe belong to any unlawful society or to be in any way connected therewith. (As amended by G.N. No. 314 of 1964 and Act No. 9 of 1974)

31. (1) The provisions of subsections (1) and (3) of section one hundred and two, and sections one hundred and four, one hundred and six, one hundred and nineteen, one hundred and twenty and one hundred and twenty-one of the Criminal Procedure Code shall apply to search warrants issued under the provisions of section twenty-nine, and any magistrate issuing a search warrant under section twenty-nine shall, for the purposes thereof, be deemed to have jurisdiction throughout Zambia. (2) All persons arrested and all articles seized in pursuance of a warrant issued under the provisions of section twenty-nine may be detained in custody until they can, without unnecessary delay, be brought before a subordinate court to be dealt with according to law.

Supplementary provisions as to search warrants, etc. Cap. 88

Consent to 32. Except in the case of persons arrested under the provisions of prosecution section twenty-nine or thirty, a person shall not be prosecuted for an offence under the provisions of this Act or any rule made thereunder without the written consent of the Director of Public Prosecutions, or, if duly authorised thereto by the Director of Public Prosecutions, the Solicitor-General or State Advocates: Provided that a person charged with such offence may be arrested, or a warrant for such arrest may be issued and executed, and any such person may be remanded in custody or on bail notwithstanding that such consent has not been obtained, but no further proceedings shall be taken until such consent has been obtained. (As amended by No. 26 of 1960 and S.I. No. 66 of 1965) 33. Any books, accounts, writings, banners, seals, insignia, firearms or Forfeiture other weapons which belong to an unlawful society or which are, with the consent and permission of the true owner thereof, in the possession, order or control of such society shall be forfeited and given to the Registrar for disposal in such manner as he may think fit. (As amended by No. 26 of 1960) 34. (1) Every statutory society shall have a registered office and postal Registered address to which all communications and notices sent under or for the office purposes of this Act may be addressed.

(2) Notice of the situation of the registered office of a society and of any change thereof or of the postal address of the society shall be given to the Registrar and shall be registered by him. (3) If any statutory society(a) operates without having a registered office, or without giving notice of the situation of such office as hereinbefore required; or (b) operates at any place to which its registered office may have been removed without having given notice of the change in situation thereof to the Registrar; or (c) fails to give notice to the Registrar of any change in its postal address; then such society and every office-bearer thereof shall be guilty of an offence and shall be liable to a fine not exceeding thirty penalty units for every day during which such society so operates or fails to give notice. (As amended by Act No. 13 of 1994) Power to reject 35. (1) Where the Registrar is of opinion that doubt exists as to the qualifications or good faith of any person applying for the registration or information, exemption from registration of a society, or supplying information etc. under any of the provisions of this Act, he may order such person to show cause why such application or such information should be accepted from such person. (2) An order given under the provisions of subsection (1) shall specify the time, not being less than twenty-one days from the date of such order, within which the person concerned shall comply therewith. (3) Where any person ordered to show cause under the provisions of subsection (1) fails to comply with such order within the specified time or fails to satisfy the Registrar as to his qualifications or good faith, the Registrar may, subject to the confirmation of the Minister, refuse to accept the application or information concerned and may accept any application or information in the same matter made or given by any other person who, in the opinion of the Registrar, is entitled to make the same.

(No. 26 of 1960 as amended by G.N. No. 314 of 1964) 36. (1) Every order, notice, summons or other document issued under the provisions of this Act or any rule made thereunder shall be deemed to have been validly and effectively served on the person to whom it is addressed if it is personally served upon him, or is left with him, or is sent by prepaid registered post addressed to him at the registered office of the society with which he is concerned: Provided that, where it is not possible to effect service of any such document in any of the modes hereinbefore mentioned, service thereof shall be deemed to have been validly effected if such document is securely affixed to the door of the house or other building in which the person to whom such document is addressed is usually resident. (2) Every order, notice or other document issued under the provisions of this Act or any rule made thereunder shall be deemed to have been validly served on a society if it is sent by prepaid registered post addressed to the society at its registered office. (3) Any document served by being sent by registered post shall be deemed to have reached the person to whom or society to which it was addressed within seven days of posting unless the contrary is proved. (As amended by No. 26 of 1960) 37. Any person employed in carrying out the provisions of this Act Penalty for who publishes or communicates any information acquired by him in the unauthorised course of such employment to any other person, otherwise than in disclosure accordance with the provisions of this Act or without the written authority of the Permanent Secretary, shall be guilty of an offence and liable to a fine not exceeding three thousand penalty units or to imprisonment for a period not exceeding one month, or to both. (As amended by G.N. No. 314 of 1964 and Act No. 13 of 1994) 38. (1) The Minister may, by statutory instrument, make rules generally Rules for the better carrying into effect of the provisions of this Act, and, in particular, and without prejudice to the generality of the foregoing, may make rules for the purposes following or any of them: Service of summons, etc.

(a) prescribing the manner of exemption and registration of societies under this Act; (b) regulating or restricting changes of name or objects of statutory societies; (c) prescribing the forms which may be used for carrying out the provisions of this Act; (d) for securing the submission to the Registrar of accounts relating to the assets and liabilities, income and expenditure of registered societies in such form and at such time or times and in respect of such period or periods as may be prescribed; (e) prescribing the fees to be payable in respect of anything to be done under the provisions of this Act; (f) for securing the submission to the Registrar of annual or other periodical returns relating to the constitution, objects, membership and management of statutory societies in such form as may be prescribed; (g) prescribing anything to be prescribed under the provisions of this Act. (2) The Minister may, in making a rule under the provisions of this section, prescribe for any breach thereof a fine not exceeding seven thousand five hundred penalty units or a term of imprisonment not exceeding one year, or both, and for a continuing breach thereof a fine not exceeding one hundred and fifty penalty units in respect of each day on which such breach continues. (As amended by G.N. No. 314 of 1964 and Act No. 13 of 1994)
SUBSIDIARY LEGISLATION

SOCIETIES

CAP. 119

SECTION 2-THE SOCIETIES (APPLICATION) ORDER Government Notices Order by the Minister
147 of 1958 140 of 1964 121 of 1983

1. This Order may be cited as the Societies (Application) Order. 2. The associations of persons described in the Schedule are hereby declared not to be societies for the purposes of the Act.

Title Declaration

SCHEDULE
(Paragraph 2) SOCIETIES DECLARED NOT TO BE SOCIETIES FOR THE PURPOSES OF THE OCIETIES ACT 1. All schools registered or established under the provisions of the Education Act, which are intended to provide or further a general, vocational, or technical education. 2. All statutory education authorities, advisory boards, school councils or committees and all committees appointed for educational purposes(a) by the Permanent Secretary to the Ministry of Education either before or after the 1st January, 1964; or (b) by the Secretary to the former Federal Ministry of Education before the 1st January, 1964. 3. All societies within any school aforesaid which have been approved by the principal or head-teacher of such school and have not been disapproved(a) by the Permanent Secretary to the Ministry of Education either before or after the 1st January, 1964; or (b) by the Secretary to the former Federal Ministry of Education before the 1st January, 1964. (As amended by No. 140 of 1964) CAP. 134

SECTION 2-THE SOCIETIES (NON-APPLICATION TO CLUBS) ORDER Order by the Minister

Statutory Instrument 121 of 1983

1. This Order may be cited as the Societies (Non-Application to Clubs) Title Order. 2. A club registered under the Clubs Registration Act is hereby declared not to be a society for the purposes of this Act. SECTION 30-APPLICATION Declarations by the Minister
Non-application of Act to Clubs. Cap. 162 Government Notices 83 of 1959 84 of 1959 497 of 1964 Statutory Instrument 197 of 1972

It is hereby declared that the provisions of subsections (1) and (2) of section thirty of the Act shall apply to the Northern, Luapula, Copperbelt, Eastern, Central, Southern, North-Western and Western Provinces of Zambia.

THE SOCIETIES RULES[ARRANGEMENT OF RULES]

Rule 1. 2. 3. 4. 5. 6. 7. Title Interpretation Books of account to be kept by registered societies Register of members to be kept by registered societies Application for registration or exemption Issue of Certificate of Registration Issue of Certificate of Exemption

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

Notice of refusal to register Notice of rescission of exemption Notice of cancellation of registration Notice of change of constitution of society Notice of change in constitution of society Notice of alteration of objects of society Notice of change of address of society Notice of change of office-bearers Annual returns Amendment of particulars in register Appeals Furnishing of additional information and documents Signing of returns, etc. Penalties Prescribed fees

FIRST SCHEDULE-Prescribed forms SECOND SCHEDULE-Prescribed fees SECTION 38-THE SOCIETIES RULES Rules by the Minister
Government Notices 119 of 1958 328 of 1958 307 of 1962 314 of 1964 497 of 1964 Statutory Instruments 295 of 1969 6 of1972 110 of 1982 11 of 1992 ActNo. 13 of 1994

1. These Rules may be cited as the Societies Rules.

Title

Books of account whether by way of subscription. shall keep one or to be kept by registered societies more books of account in which shall be entered details of all moneys received and payments made by the society. 3. (As amended by Act No.2.O. (b) be signed by all office-bearers of the society in the presence of the Registrar of the district in which the society has its registered office. . donation or otherwise. the date on which each member was admitted to membership. 13 of 1994) 4. Every registered society shall keep a register of its members in which shall be entered(a) (b) (c) the full name and address of each member. (1) Every registered society which receives money from any source. the date on which each member ceases to be a member. Application for registration or exemption Register of members to be kept by registered societies 5. (1) Every application for registration or for exemption from registration of any society shall- (a) be made in quadruplicate in the form set out as Form S. (c) be sent to the Registrar of the district in which the society has its registered office. unless the context otherwise requires- Interpretation "the register" means the register of societies to be kept by the Registrar under section ten (1) of the Act. (2) Every office-bearer and every person managing or assisting in the management in Zambia of a registered society in respect of which the provisions of this rule are not complied with shall be guilty of an offence against these Rules and shall be liable on conviction to a fine not exceeding six thousand penalty units or to imprisonment not ex-ceeding one year. unless he establishes to the satisfaction of the court that he exercised due diligence and that the failure by the society to compy with this rule was due to reasons beyond his control. In these Rules.I in the First Schedule. or to both.

295 of 1969 and No. there shall be attached to the application three copies of a translation of the said constitution or rules into the English language. 10. or exempted from. (e) be accompanied by a remittance for thirteen fee units. 6 of 1972) Issue of Certificate 6. Where the Registrar refuses to register a society. (3) Where the constitution or rules of the society were not made in the English language. (As amended by No.5 in the First Schedule. On the registration of any society. 13 of 1994) (2) The remittance referred to in paragraph (e) of sub-rule (1) shall not be returnable to the society whether or not such society is granted. (As amended by No.(d) be accompanied by three copies of the constitution and rules of the society.O. Notice of 9. he shall give notice to the society of such cancellation of registration cancellation in the form set out as Form S. he shall send to the Notice of refusal to society notification of his refusal in the form set out as Form S.O. Where under the provisions of section twelve (1) of the Act the rescission of Registrar rescinds any exemption from registration granted to any society. .O.2 in of Registration the First Schedule. Where under section thirteen (2) of the Act the Registrar cancels Notice of the registration of any society.4 in the register First Schedule.3 in the First Schedule. he shall give notice to the society of such rescission in the form exemption set out as Form S. in addition to the three copies of the said constitution or rules in the language in which they were made. 8.O. On granting any society exemption from registration. 7.O. the Registrar shall issue to the society a Certificate of Registration in the form set out as Form S. 110 of 1982 and Act No. registration. the Registrar Issue of Certificate shall issue to the society a Certificate of Exemption in the form set out as of Exemption Form S.6 in the First Schedule.

12.O. (1) Where any office-bearer of a registered society ceases to hold office or any person is appointed to be an office-bearer of a registered society.8 in the First Schedule.9 in the First Schedule. Every registered society which changes any of the provisions of its Notice of change in constitution or rules shall notify the Registrar in the form set out as Form constitution of society S.O.Notice of change of 11. 15. Notice of change of office-bearers (2) It shall be the duty of every office-bearer of the society to ensure that such annual return is duly furnished to the Registrar. Every registered or exempted society which changes its name in accordance with section seventeen (1) (a) or eighteen (1) of the Act shall name of society notify the Registrar of the change in the form set out as Form S. (2) If any registered society fails to comply with the provisions of this rule. send to the Registrar notice thereof in the form set out as Form S. send to the Registrar notice thereof on one of the forms set out as Form S.O.7 in the First Schedule. then such society and every office-bearer thereof shall be guilty of an offence and shall be liable to a fine not exceeding three thousand penalty units (As amended by Act No. within fourteen days. 13.7 in the First Schedule.O. (1) Not later than the 31st March in each year every registered society shall furnish to the Registrar an annual return in the form set out as Form S.7 in the First Schedule. whichever may be appropriate. within fourteen days. it shall. such registered society shall.O.O. Where any registered or exempted society changes the situation of Notice of change of address of society its registered office or changes its postal address. 13 of 1994) Annual returns 16. . Every registered and exempted society which adds to or decreases Notice of alteration or otherwise varies its objects shall notify the Registrar in the form set of objects of society out as Form S. 14.7 in the First Schedule.

and Furnishing of additional information and documents . on the original certificate being surrendered to him. (1) On being notified of any change of name in accordance with rule 11 or upon receiving notification of any change in a statutory society's registered office or postal address under rule 14. (b) information as to the property. (c) a balance sheet of the last or any specified year's working of the society. (b) set out the grounds upon which the appeal or application is based. (As amended by No. Any appeal to the Minister under section sixteen of the Act and any Appeals application for an extension of time within which to lodge such an appeal shall(a) and be in writing signed by two of the office-bearers of the society.9 of the First Schedule. 314 of 1964) 19. all or any of the following: (a) information on any of the matter contained in Forms S. Amendment of particulars in register 18. and the financial position of the society. the Registrar shall amend the particulars concerning the said society entered in the register. the Registrar may order any registered society to furnish him within a time to be specified.1 or S. (1) In addition to the documents and information specifically mentioned in section nineteen (1) of the Act. (3) The Registrar shall also make such other amendments to the particulars concerning a society entered in the register as may be necessitated by information provided under rules 16 and 19.O. (2) Where the name of a society is changed. as the case may be.17.O. and (c) be sent to the Permanent Secretary. movable or immovable. such time not being less than twenty-one days. the Registrar shall issue a fresh Certificate of Registration or Exemption.

and (d) the register of members of the society kept in accordance with rule 4. every office-bearer and every person managing or assisting in the Signing of returns. etc. such time not being less than twenty-one days. (c) the documents of title to any property held by the society.(d) a list of the names of members and office-bearers of any committee or governing or executive body of such society. 13 of 1994) 20. (3) Where the Registrar requires the production of any such books of account or minutes or written records and these are not produced within the time specified in such requirement. Penalties . (4) Every office-bearer and every person managing or assisting in the management in Zambia of a registered society which is in breach of the provisions of this rule and who has been served with such order shall be guilty of an offence against these Rules and shall be liable on conviction to a fine not exceeding three thousand penalty units. unless he establishes to the satisfaction of the court that he exercised due diligence and that the failure of the society to comply with this rule was due to reasons beyond his control. (b) any minutes or written records of the proceedings of the society or of any committee or governing or executive body thereof. all or any of the following: (a) all or any of the books of account of the society. All information and every notification or return required by the Registrar or by the provisions of the Act or these Rules shall be signed by two office-bearers. such registered society shall be deemed to be in breach of the provisions of this rule. 21. (As amended by Act No. Where in these Rules no penalty is provided for the breach of a rule. (2) The Registrar may also order the society to produce for his inspection within a time to be specified.

and for a continuing breach to a fine not exceeding one hundred and fifty penalty units in respect of each day on which such breach continues. The fees set out in the third column of the Second Schedule shall be Prescribed fees charged for the several matters set out opposite thereto in the second column of that Schedule. . 13 of 1994) 22.management in Zambia of a society shall be liable to a fine not exceeding three thousand penalty units or to imprisonment for a period not exceeding six months. (As amended by Act No.

............................ .... ............................................... ............................................................................... hereby applies for registration/exemption from registration*........................................ .............................................................................................................. ................................................................................................................................... Posta ... ........................................................................................................... ....... Nationality ....................... ........................ ......... (c) Situation of registered office........................ ........ ............ .................................................. ................................................ ................................................. .................................................................................. ..................................................... ........... ................................................................................................................. ..................................................................... .................................................... The following are particulars of the Society: (a) Name of Society........................................................... (f) The name of each organisation or group of a political nature established outside the Republic of which to or connected with........................................................................................................... .......... ...........O....... ........................................... .......................................... .................................... ......................................................................... Residential Address .......PRESCRIBED FORMS FORM S................... ................................................... ....1 REPUBLIC OF ZAMBIA THE SOCIETIES RULES APPLICATION FOR REGISTRATION OR EXEMPTION FROM REGISTRA To The Registrar of Societies: The (name of Society) Branch....... ..................... .......................................................................................... ........ ..................................................................................................... ........................................................................................ ...... (e) Objects of the Society .................................. ....................................... ................................. .................................... * Delete as applicable............................ .. (b) Office bearers: Full Names Designation (BLOCK CAPITALS) Occupation ..................................... .... (d) Postal address............................................................................................ .. .... .................... ............... ........

..................................................................................................................................................... .................................................... (j) The date of commencement of the Society's financial year Signed..... together with three copies of Eng not in the English language: Provided that where an office-bearer is unable to present himself before a Registrar by reason of illness o should be accompanied by an affidavit to such effect..................................................................................................................... .................................................................................................................................. .................................................... Signed.................... Zambia Police Comments of District Secretary (No............................................-This application must be completed in QUADRUPLICATE and signed in the presence of a Registrar accompanied by three copies of the constitution and/or rules of the Society.............................................................................................................. (h) The present number of members ............................................................................................................................................................................................................................................................. Signed............................................................................................ Signed....................................................................................................................................................... 6 of 1972) ........... ..................................................................................... ... ......................... ..................................................... (g) The class or classes of persons to whom membership of the Society is restricted ...................................... ................. .................... FOR OFFICIAL USE ONLY Comments of Officer Commanding Division................................... (i) The immovable property owned by the Society and the manner in which such property is held or vested ...................................................................................................... NOTE............................................................................................................................................................................................. ......................................................................... ........................................................ .................................................................................................................. .................

...... Registrar of Societies __________ ...................2 (Rule 6) REPUBLIC OF ZAMBIA THE SOCIETIES RULES CERTIFICATE OF REGISTRATION I HEREBY CERTIFY that....... this ................ day of ................................................................. .. .......... has this day been registered under section 7 (1) of the Societies Act............. Dated at ..........O.........FORM S.......... 19...............

... this ... has this day been exempted by me..3 (Rule 7) REPUBLIC OF ZAMBIA THE SOCIETIES RULES CERTIFICATE OF EXEMPTION FROM REGISTRATION I HEREBY CERTIFY that .............. from registration under section 7 (2) (a) of the Societies Act.......FORM S..... day of ..................... ............................ Registrar of Societies (As amended by No........ ................................ This exemption is liable to rescission at any time.......... 19.. Dated at ...... 314 of 1964) __________ ..........................O........ with the approval of the Permanent Secretary........................

.......... ... which is as follows: "23..O.. 19.................... in his absolute discretion........ shall be deemed to be an unlawful society: Provided that a society in respect of which(i) an application for registration or exemption from registration has been duly and lawfully made under the provisions of section six and has not been refused. by order declare to be unlawful any statutory society which. day of .............. .. (2) The Minister may................. or incompatible with... the maintenance of peace... this .... Dated at ... in his opinion(a) is being used for any purpose prejudicial to....................... I have this day refused to register you as a society under the said Act on the grounds that Any appeal to the Minister against this refusal must be delivered to the Permanent Secretary within twenty-one days.. shall not be deemed to be an unlawful society pending such refusal or determination..... in exercise of the powers conferred on me by section *8/9 of the Societies Act. other than a statutory society. Registrar of Societies *Delete as applicable.. where he considers it to be essential in the public interest........FORM S..... (3) An order made under the provisions of subsection (2) shall operate immediately to ... or (ii) an appeal has been lawfully made to the Minister under the provisions of section sixteen and remains undetermined.......................... NOTE...... (name of society)..... Branch of .....-Your attention is drawn to the definition of "unlawful society" in section 23 of the Societies Act.........4 (Rule 8) REPUBLIC OF ZAMBIA THE SOCIETIES RULES NOTIFICATION OF REFUSAL TO REGISTER A SOCIETY To .. (1) Every society............ I hereby give you notice that.... order and good government..... or (b) is being used for any purpose at variance with its declared objects..............

but while any such order remains in force." (As amended by No.cancel the registration or rescind the exemption from registration. of the society concerned. as the case may be. the society in respect of which it was made shall not be entitled to apply for registration or for exemption from registration under this Act. 314 of 1964) __________ . (4) The Minister may at any time vary or revoke an order made under the provisions of subsection (2).

shall not be deemed to be an unlawful society pending such refusal or determination.... order and good government......... Your attention is drawn to the definition of "unlawful society" in section 23 of the Societies Act... which is as follows: "23............O...... where he considers it to be essential in the public interest.... Registrar of Societies NOTE. 2.... (2) The Minister may.... (1) Every society....... or .. this ... in his opinion(a) is being used for any purpose prejudicial to... the maintenance of peace.... day of .................... in his absolute discretion...5 (Rule 9) REPUBLIC OF ZAMBIA THE SOCIETIES RULES NOTIFICATION OF RESCISSION OF EXEMPTION To ...-1. By virtue of section 12 (2) of the Societies Act you have twenty-one days from the date of this notification of rescission within which to apply for registration should you so desire....... or incompatible with.. shall be deemed to be an unlawful society: Provided that a society in respect of which(i) an application for registration or exemption from registration has been duly and lawfully made under the provisions of section six and has not been refused...... 19.. by order declare to be unlawful any statutory society which..FORM S.................... Branch of .. other than a statutory society. and with the approval of the Minister............. ... or (ii) an appeal has been lawfully made to the Minister under the provisions of section sixteen and remains undetermined..... I have this day rescinded your exemption from registration under the said Act...................................... 3...................... Dated at ........ ....... Your attention is drawn to section 12 (3) of the Societies Act which requires that you surrender to me the certificate of exemption issued to you under the provisions of section 7 (3) of the said Act within twenty-one days of the receipt of this notification of rescission. (name of society) I hereby give you notice that in accordance with section 12 (1) of the Societies Act.....

but while any such order remains in force. (3) An order made under the provisions of subsection (2) shall operate immediately to cancel the registration or rescind the exemption from registration. as the case may be.(b) is being used for any purpose at variance with its declared objects. of the society concerned. (4) The Minister may at any time vary or revoke an order made under the provisions of subsection (2)." (As amended by No. the society in respect of which it was made shall not be entitled to apply for registration or for exemption from registration under this Act. 314 of 1964) __________ .

........ where he considers it to be essential in the public interest........... in his opinion(a) is being used for any purpose prejudicial to..... the society in respect of which ..FORM S. Branch of ......... (2) The Minister may.... day of . by order declare to be unlawful any statutory society which... in his absolute discretion....... as the case may be. but while any such order remains in force. this ... which is as follows: "23.......... ... shall be deemed to be an unlawful society: Provided that a society in respect of which(i) an application for registration or exemption from registration has been duly and lawfully made under the provisions of section six and has not been refused..... I have this day cancelled your registration under the said Act on the grounds that Any appeal to the Minister against this cancellation must be delivered to the Permanent Secretary within twenty-one days................... (1) Every society......6 (Rule 10) REPUBLIC OF ZAMBIA THE SOCIETIES RULES NOTIFICATION OF CANCELLATION OF REGISTRATION To .. or incompatible with the maintenance of peace...... .......O.... or (b) is being used for any purpose at variance with its declared objects.... (4) The Minister may at any time vary or revoke an order made under the provisions of subsection (2).. shall not be deemed to be an unlawful society pending such refusal or determination.. of the society concerned. Registrar of Societies NOTE...................................... 19............. order and good government........ in accordance with section 13 (2) of the Societies Act.... (name of society) I hereby give you notice that.......... or (ii) an appeal has been lawfully made to the Minister under the provisions of section sixteen and remains undetermined.. other than a statutory society....... (3) An order made under the provisions of subsection (20 shall operate immediately to cancel the registration or rescind the exemption from registration...... Dated at .............-Your attention is drawn to the definition of "unlawful society" in section 23 of the Societies Act..

it was made shall not be entitled to apply for registration or for exemption from registration under this Act. 314 of 1964) __________ ." (As amended by No.

........ Notice is hereby given that (name of Society) has changed its constitution/rules/varied its objects...... Signed ....... .. Signed ..... has changed the situation of its registered office/postal address* from to Date ....... The changes made and the reasons therefor are set out in the attached memorandum.......FORM S..... Designation . *B............. Designation ................ Signed .............................. Designation ..... Date .............................................7 (Rules 11 to 14) REPUBLIC OF ZAMBIA THE SOCIETIES RULES NOTICE OF CHANGE OF A SOCIETY'S NAME OR REGISTERED OFFICE OR POSTAL ADDRESS..... ............................. ................ Designation .................................................. Designation . Signed ..... ............................... *C......O.. Signed ......... OR VARIATION OF OBJECTS To the Registrar of Societies: *A................................................-This form and any accompanying memorandum must be submitted in QUADRUPLICATE and signed by two office-bearers.......................... * Delete as applicable................. Notice is hereby given that the Society formerly named has changed its name to The reason for this change is Date ............ OR CHANGE OF CONSTITUTION OR RULES................................................ Notice is hereby given that (name of Society).................. NOTE....................

............ 2..............................8 (Rule 15) REPUBLIC OF ZAMBIA THE SOCIETIES RULES NOTICE OF CHANGE OF OFFICE-BEARERS To the Registrar of Societies: The (name of Society) 1........................ ................ ...................................................................................... ........................................................................................................ ......................... .................. ........... ............................................................................................................................... ........................................ ................ Branch The following persons have ceased to be office-bearers of the above Society: Full Names (BLOCK CAPITALS) Designation ................................................ The following are the present office-bearers of the above Society: Full Names Designation (BLOCK CAPITALS) Occupation Nationality ................... ..................... ............................. Zambia Police.................................... ................................................................ ................................................. .................. Comments of District Secretary (No......................................... ......................... .......... .............. .......................... .......... ........ ................ ...............FOR OFFICIAL USE ONLY Comments of Officer Commanding Division.................................. ................. ......................... ..... ..... ............................................................. ............... Da ................... .................... ........................................... ........ 295 of 1969) FORM S....................................................................................O....... .................................................................................................... .............. ............ ... ............... .......................... Residential Address .................................... ...................... ................................................ .................................... ................

............. in relation to any society executive body of a society..........Date ......... Signed ...................... committee or body........... dep such society.. 295 of 1969) ..... ............. or who holds therein any office or position analogous to any of t (b) This form must be submitted in QUADRUPLICATE and signed by two office-bearers............. FOR OFFICIAL USE ONLY Comments of Officer Commanding Division..... Zambia Police Comments of District Secretary (No............................... Signed ................................. means any person who is the president............. chairman........ Design Design NOTES: (a) The definition of "office-bearer" in the Societies Act is: '"office-bearer'.................................. vice-president............................................................

................................................................................... ......... connected .......... ............................ ............ ................................ ..........9 (Rule 16) REPUBLIC OF ZAMBIA THE SOCIETIES RULES ANNUAL RETURN The (name of Society) Date of last annual general meeting .....................................FORM S........... Present number of members of the S Office-bearers for the current year: Full Names Designation (BLOCK CAPITALS) Occupation Nationality Residential Address ........................................................................................................................................................................................................ .................................................................................................................................................................................................................... .... ......... ............................................................................................................................................ ........................ (g) the date of commencement of the financial or business year of the Society of which the Society is a branch or to which it is affiliated or with which it is................... ............................. ............................ ............. ................................. .................................................. ........... . (b) the objects of the Society ............ ............................................................................... (e) the titles of the office-bear (f) the immovable property ow (c) the organisations or groups of a political nature established outside the Republic ...... ............................................................................. ....................... ............................................ (a) the name of the Society ............................. (d) the class or classes of persons to whom membership is restricted . since the date of application for registration or exemption from registration or the date of later date........................................................................................... ...................................... ................................................................................................................. ........................................................................................................... Have there been........................................... set out details of changes (attach separate memorandum if necessary) .......................O.......................................................... ..................................................................................................................................... ........................ ............................. ............................................................ If so.............................................. .................................. ..................... ............. ........................................ any changes in (answer Yes or No against item in question)....................... (h) the constitution or rules of (i) the postal address of the S (j) the situation of the register .................... ........................................................ ........................................... .................................................................... .................................................................................................................

.....................................................................................................-This form must be submitted in TRIPLICATE and signed by two office-bearers...................................................................................................... Signed ... Design NOTE................................ .. (No..................................................................................................................................................................... Design Signed .................... Date ...................................... 295 of 1969) ....................................................................

Restriction on possession of firearms. per folio of 100 words 4. 6. 5. Copy of extract from any document in the custody of the Registrar. 4. 3. weapons. Short title Interpretation Declaration of refugees Reception areas and refugee settlements Places of entry or departure Registration of refugees and identity cards 7.SECOND SCHEDULE (Rule 22) PRESCRIBED FEES Fee units 1. 25 of 1994 and Act No. 2.. No. Detention and slaughter of animals .I. 13 of 1994) 100 50 50 50 CHAPTER 120 THE REFUGEES (CONTROL) ACT ARRANGEMENT OF SECTIONS Section 1. Certified true copy of extract from any document in the custody of the Registrar. etc. by refugees 8. per folio of 100 words (As amended by S. Search and examination of the registers of registered societies and of societies exempted from registration 3. On application under section six and subsection (2) of section twelve of the Societies Act for registration or exemption from registration 2.

12. 13. 1970] 1. [4th September. "prescribed" means prescribed by the Minister.9. In this Act. an authorised police officer. 11. "reception area" means an area declared as such under section four. 18. 16. and to provide for matters incidental thereto. and any public officer for the time being designated by the Minister as an authorised officer. 14. "Commissioner" means the person for the time being holding or acting in the public office of Commissioner for Refugees. 10. 17. This Act may be cited as the Refugees (Control) Act. Use of vehicles Deportation of refugees Permits to remain in Zambia Requirement to reside in reception area or refugee settlement Control of refugee settlements Restrictions relating to refugee settlements Offences and penalties Arrest and use of force Protection of officers Manner of publishing rules. unless the context otherwise requires"authorised" means authorised by the Minister. "authorised officer" means the Commissioner and includes a refugee officer. an authorised officer of the Zambia Prisons Service or of the Defence Force. Short title 2. etc. Interpretation . 15. orders. 40 of 1970 CHAPTER 120 REFUGEES (CONTROL) An Act to make provision for the control of refugees.

ordinarily resident outside Zambia to be refugees for the purposes of this Act. (1) Subject to the provisions of subsection (2). the Minister may declare."refugee" means a person belonging to a class of persons to whom a declaration under section three applies. any person entitled in Zambia to diplomatic immunity. any class of persons who are. who enters Zambia in the course of his duties. the onus of proving that such person is not a refugee or. shall lie upon that person. is not a refugee of a particular category. 20 authority outside Zambia. (1) The Minister may declare any part of Zambia to be an area for the Reception areas and refugee reception or residence of any refugees or category thereof. 4. or prior to their refugees entry into Zambia were. Declaration of 3. not to be refugees for the purposes of this Act. or of any organisation to which section four of the Diplomatic Immunities and Privileges Act applies. settlements (2) The Minister may establish in any reception area a refugee . by statutory order. (c) any person in the employment of any state. "refugee settlement" means a refugee settlement established under section four. under this Act as to whether any person is a refugee or not. (3) If any question arises in any proceedings. by statutory order. "refugee officer" means any person for the time being holding or acting in the public office of refugee officer. or with reference to anything done or proposed to be done. (d) any member of a class of persons declared by the Minister. as the case may be. or is a refugee of a particular category or not. (2) A declaration under subsection (1) shall not apply to(a) (b) a citizen of Zambia. government or local Cap.

(3) The Minister shall cause registers to be kept for the purposes of this section in such form as the Minister may from time to time determine.settlement for refugees or any category thereof. (b) direct that any refugee moving from one part of Zambia to another shall move by specified routes. be issued with an identity card in such form and containing such particulars as may be prescribed. by order in writingPlaces of entry or departure (a) direct that any refugee entering or leaving Zambia shall enter or leave by specified routes or at specified places. 5. by refugees (2) A refugee who brings any firearm or ammunition into Zambia shall . weapons.. 7. firearms. and may appoint a refugee officer to be in charge of such settlement. (2) Orders made under this section may be subject to such terms and conditions as the Minister may think fit. (4) Any refugee who contravenes any of the provisions of this section shall be guilty of an offence against this Act. (3) Any refugee who contravenes an order under this section or the terms or conditions thereof shall be guilty of an offence against this Act. present himself for registration under this section in such manner and to refugees and identity cards such authority as may be prescribed. (1) Every refugee shall. (1) The Minister may. within such period as may be prescribed. while in Zambia. (2) Every refugee shall. acquire or be in possession of Restriction on possession of any firearm or ammunition. Registration of 6. etc. upon registration under this section. and shall keep such identity card in his possession at all times while in Zambia. (1) No refugee shall.

shall be guilty of an offence and shall be liable on conviction to imprisonment for a period not exceeding two years. 110 (5) In this section. such proceeds shall be paid into a fund which shall be used for the benefit of refugees. by order. if it appears to the Minister necessary or expedient in the interests of the health of persons or animals. save as aforesaid. instrument or tool in accordance with this section or any order made hereunder. that any such imported animal shall be slaughtered or otherwise disposed of. the proceeds of the sale less the expenses of the sale shall be paid to such refugee: Provided that where in any case it is not reasonably practicable to make payment as aforesaid. weapon. but. (2) Where an animal imported by a refugee is sold. within such time as may be specified in the order. (b) fails to surrender any firearm. (3) The Minister may. direct that any refugee shall. surrender to an authorised officer any weapon. (1) The Minister may. (3) Any person who obstructs the carrying out of any direction given .immediately surrender such firearm or ammunition to an authorised officer. in pursuance of a direction under subsection (1). direct that any animal imported from Detention and slaughter of outside Zambia by any refugee shall be kept in such place as he may animals direct or. nothing in that Act shall apply in relation to a refugee. Cap. 8. (4) Any refugee who(a) contravenes the provisions of subsection (1). ammunition. by order in writing. or any instrument or tool so specified which is capable of being used as a weapon and which is in or comes into his possession. unless the possessor thereof has written authority to retain the same signed by an authorised officer. "firearm" and "ammunition" have the meanings respectively assigned thereto in the Firearms Act. or is slaughtered and the meat or carcass thereof sold.

for so long as may be necessary for the purpose of providing transport for refugees or of moving any stores or equipment for the use of refugees. 10. (1) No vehicle in which a refugee enters Zambia. take possession of such vehicle at any time and may authorise its use by any person for any of the said purposes. (6) Where an order is made under this section in respect of a refugee who has been present in Zambia for a continuous period of not less than Deportation of refugees . as the case may be. (1) The Minister may at any time order any refugee to return by such means or route as he shall direct to the territory from which he entered Zambia. shall be used in Zambia by such refugee save with the permission in writing of an authorised officer or otherwise than in accordance with the terms of such permission. Use of vehicles 9.under this section shall be guilty of an offence against this Act. is of the opinion that such refugee may be tried. (3) Where any person is ordered to return to the territory from which he entered Zambia or to be deported under subsection (1) or (2). (2) A court convicting any refugee of an offence under the provisions of this section may order the deportation of such refugee to the territory from which he entered Zambia. he may be held in custody and deported in accordance with such order. for an offence of a political character after arrival in the territory from which he came or is likely to be the subject of physical attack in such territory. (2) It shall be a condition for the granting of permission under this section for the use of a vehicle that an authorised officer may. or which is acquired by or comes into the possession of a refugee while in Zambia. (5) Any refugee who fails to comply with an order made under subsection (1) shall be guilty of an offence against this Act. or detained or restricted or punished without trial. (4) No order shall be made under subsection (1) or (2) in respect of a refugee if the Minister or the court.

12. (1) The Minister mayRequirement to reside in reception area or refugee .three months immediately prior to the making of the order. or cause him to be informed. where the Minister determines that the order shall be revoked. save as aforesaid. that he may make representations against his deportation on the grounds that he is in danger of being tried. (3) If a refugee fails to obtain or is refused a permit in accordance with this section. the order for the deportation of the refugee shall be suspended. or detained or restricted or punished without trial. (1) No refugee shall remain in ZambiaPermits to remain in Zambia (a) unless within seven days of his entering Zambia he is issued with a permit to remain by an authorised officer. Pending the determination of the Minister on any such representations. 11. for an offence of a political character after arrival in the territory from which he came or is in danger of physical attack in such territory. he shall have the power to revoke the same. (b) unless he complies with the terms or conditions from time to time annexed to such permit by an authorised officer. the authority making the order shall inform the refugee. but. A refugee to whom this subsection applies who wishes to make such representations shall make them forthwith to the person by whom he is so informed and that person shall reduce such representations to writing and forward them to the Minister. for an offence of a political character after arrival in that territory or is likely to be the subject of physical attack in that territory. such authorised officer may in his discretion and without assigning any reason refuse to issue a permit. or detained or restricted or punished without trial. his presence in Zambia shall be unlawful. and the Minister shall consider the same and determine whether or not the refugee shall be deported in accordance with the order in that behalf or whether that order shall be revoked and. (2) An authorised officer shall not refuse a refugee a permit under this section if the officer has reason to believe that the refusal of a permit will necessitate the return of the refugee to the territory from which he entered Zambia and that the refugee may be tried.

where he issues a permit under paragraph (b) of subsection (3). being a reception area or refugee settlement. he may. require any refugee to reside within a reception area or refugee settlement. shall. and. be guilty of an offence against this Act. or (c) having arrived at a reception area or a refugee settlement in pursuance of such order. (2) Any refugee to whom an order made under this section applies who(a) fails to take steps forthwith to comply with such order. leaves or attempts to leave such area or settlement except in pursuance of some other order made under this section. unless he is in possession of a permit issued in that behalf under subsection (3). specify the destination to which and the route by which such refugee may proceed. (b) to leave a reception area in which he has been required to reside. (b) require any refugee who is within a reception area or refugee settlement to remove to and reside in some other place. (4) An authorised officer may issue a permit under this section subject to such terms and conditions as he thinks fit. without prejudice to the generality of the foregoing.settlement (a) by order. (5) Any refugee to whom a permit has been issued under this section . (3) An authorised officer may issue a permit to any refugee to whom an order made under subsection (1) applies. or (b) fails to move to or take up residence in a reception area or refugee settlement in accordance with such order with reasonable despatch. authorising him(a) to reside in a reception area elsewhere than in the refugee settlement to which such order refers.

(3) Any refugee who(a) without a permit in that behalf issued under section twelve. treatment. that is to say: (a) to ensure that any refugee settlement is administered in an orderly and efficient manner. (b) (c) the reception. for the control of refugee settlements and. without prejudice to the generality of the foregoing. (2) A refugee officer may give such orders or directions.who fails to comply with the terms and conditions thereof shall be guilty of an offence against this Act. (1) The Minister may make rules. either orally or in writing. the powers of refugee officers in respect of such settlements. safety. discipline and administration of such settlements. (d) to preserve orderly conduct and discipline in any refugee settlement. (c) to ensure that all proper precautions are taken to preserve the health and well-being of the refugees therein. (b) to ensure the performance of any work or duty necessary for the maintenance of essential services in any refugee settlement or for the general welfare of the refugees therein. 13. to any refugee as may be necessary or expedient for the following purposes. or . and the Commissioner may issue Control of refugee settlements directions not inconsistent with such rules. health and well-being of refugees. such rules and directions may make provision in respect of all or any of the following matters: (a) the organisation. leaves or attempts to leave a refugee settlement in which he has been ordered to reside.

whether or not such meeting is held in a public place. the Commissioner or a refugee officer. (3) Any person who contravenes the provisions of this section shall be guilty of an offence against this Act. Arrest and use of force Offences and penalties . 14. (2) Any person who is guilty of an offence against this Act for which no penalty is specifically provided shall be liable on conviction to imprisonment for a period not exceeding three months. (2) An authorised officer and any person acting with the authority of an authorised officer may use such force. (2) No person other than the Commissioner or a refugee officer may in a refugee settlement address an assembly or meeting of more than ten refugees. shall enter or be within settlements such settlement except with the general or special permission of the Minister. Restrictions relating to refugee or a person employed in. or (c) in a refugee settlement conducts himself in a manner prejudicial to good order and discipline. made or given under this section. (1) No person other than a refugee required to reside or residing in. (1) Any refugee who fails to obey any lawful order of the Commissioner or a refugee officer or who obstructs an authorised officer in the exercise of his powers under this Act shall be guilty of an offence and shall be liable on conviction to imprisonment for a period not exceeding three months.(b) in a refugee settlement disobeys any rules made by the Minister. 16. including the use of firearms. as may be reasonably necessary to compel any refugee to comply with any order or direction made or given under this Act in relation to such refugee. 15. (1) An authorised officer may arrest without warrant any refugee reasonably suspected by the authorised officer of having committed or attempted to commit an offence against this Act. a refugee settlement. shall be guilty of an offence against this Act. any direction of the Commissioner or any order or direction of a refugee officer.

action. be served on. (1) Save as provided in this section or any other law. subject him personally to any liability. SUBSIDIARY LEGISLATION REFUGEES (CONTROL) SECTION 3-THE REFUGEES (CONTROL) (DECLARATION OF REFUGEES) ORDER Order by the Minister 1. orders or Manner of publishing rules. This Order may be cited as the Refugees (Control) (Declaration of Refugees) Order. or if not in writing. etc. authority making the same considers appropriate in order to bring the same to the notice of the persons to whom they apply or who are affected thereby. that person personally. directions under this Act may be published in such manner as the orders. membership of a particular social group or political opinion are declared to be refugees for the purposes of the Act. . if in writing. nationality. be given to. Persons who are. CAP. claim or demand whatsoever. ordinarily Declaration of resident outside Zambia and who have sought asylum in Zambia owing refugees to well-founded fear of being persecuted for reasons of race. 120 Statutory Instrument 240 of 1971 Title 2. (3) Every declaration under section three shall be published in the Gazette. religion.17. and shall not be required to be published in the Gazette. if the act or omission was done or omitted bona fide while acting in the execution of his duty under this Act. (2) Any order or direction made or given under this Act which is applied or directed to a particular person shall. Protection of officers 18. No act or thing done or omitted to be done by any authorised officer or other person shall. rules. or prior to their entry into Zambia were.

rectangular in shape. about 40 kilometers west of Mangango Mission Station. This Order may be cited as the Refugees (Control) (Declaration of Reception Areas) Order. in the west by Nyimba Hospital. 2. MEHEBA RECEPTION AREA That piece of land. bounded in the east by the Great East Road. 132 of 1971 Title Declaration of reception areas SCHEDULE (Paragraph 2) NYIMBA RECEPTION AREA That piece of land. about 20 kilometers east of the Zambezi Boma and 3 kilometers north of the M8 road. Each area described in the Schedule is hereby declared a reception area for the purposes of the Act. about 70 kilometers west of Solwezi Boma. MAYUKWAYUKWA RECEPTION AREA That piece of land. situated at the confluence of the Luena and Luampa Rivers. in the Kaoma District of the Western Province of the Republic of Zambia. in the Petauke District of the Eastern Province of the Republic of Zambia. . and situated at Nyimba. in the Zambezi District of the North-Western Province of the Republic of Zambia. LWATEMBO RECEPTION AREA That piece of land.SECTION 4 (1)-THE REFUGEES (CONTROL) Statutory Instrument (DECLARATION OF RECEPTION AREAS) ORDER Order by the Minister 1.

and situated at Nyimba. in the west by Nyimba Hospital. bounded in the east by the Great East Road. SECTION 4 (2)-THE REFUGEES (CONTROL) (DECLARATION OF RECEPTION AREAS) ORDER Order by the Minister 1. Statutory Instrument 133 of 1971 SCHEDULE (Paragraph 2) NYIMBA REFUGEE SETTLEMENT That piece of land. bounded in the west by the Meheba River. about 40 kilometres west of Mangango Mission Station. situated at the confluence of the Luena and Luampa Rivers.rectangular in shape. rectangular in shape. 2. in the Petauke District of the Eastern Province of the Republic of Zambia. in the Solwezi District of the North-Western Province of the Republic of Zambia. Each reception area described in the Schedule is hereby established Establishment of refugee settlements as a refugee settlement. 105: Acres. in the north by Protected Forest Area No. with an area of approximately 580 square kilometers. This Order may be cited as the Refugee (Control) (Establishment of Title Refugee Settlements) Order. LWATEMBO REFUGEE . in the Kaoma District of the Western Province of the Republic of Zambia. in the south and south-east by the Mwafwe River. MAYUKWAYUKWA REFUGEE SETTLEMENT That piece of land.

in the north by Protected Forest Area No. 86 of 1987 Order by the Minister 1. SECTION 4 (3)-THE REFUGEES (CONTROL) (DECLARATION OF RECEPTION AREAS) ORDER Statutory Instrument No. This Order may be cited as the Refugee (Control) (Establishment of Title Refugee Settlements) Order. 2. in the south and south-east by the Mwafwe River. Settlement SCHEDULE (Paragraph 2) UCWIMI REFUGEE SETTLEMENT . with an area of approximately 580 square kilometres. rectangular in shape' bounded in the west by the Meheba River. about 70 kilometres west of Solwezi Boma. in the Solwezi Distrct of the North-Western Province of the Republic of Zambia. Each reception area described in the Schedule is hereby established Establishment of Refugee as a refugee settlement. 105: Acres. MEHEBA REFUGEE SETTLEMENT That piece of land. in the Zambezi District of the North-Western Province of the Republic of Zambia.SETTLEMENT That piece of land. about 20 kilometres east of the Zambezi Boma and 3 kilometres north of the M8 road.

on the East by the Kasangazi River and situated 62 kilometers from Petauke Bowa in the Petauke District of the Republic of Zambia. SERVICEMEN. 7. Membership of the Service Servicemen Appointments to permanent staff Liability to be called up for the Service Appointment of Registrar of Service REGISTRATION. 2. Short title Interpretation PART II ESTABLISHMENT SERVICE 3. 6. 8. 5. 4. REPUBLIC OF ZAMBIA CHAPTER 121 THE ZAMBIA NATIONAL SERVICE ACT ARRANGEMENTS OF SECTIONS PART I PRELIMINARY Section 1. ETC. ENLISTMENT. OF THE ZAMBIA NATIONAL Establishment of the Service PART III MEMBERS. .That piece of land rectangular in shape bounded in the North by the Lusandwa River.

Appeals from determination of National Service Hardship Committee 14. NATIONAL SERVICE HARDSHIP COMMITTEE AND EXEMPTION 12. 21. 22. 18. 15. 19. 10. 11. 23.9. COMMANDANT SERVICE 20. Revocation of postponement certificate Provisions as to National Service Hardship Committees Exemption from liability PART V SECONDMENT TO THE SERVICE Section 17. 16. Seconded members Prolongation of engagement and secondment Discharge PART VI UNITS. Units of the Service Appointment of Commandant Powers of Commandant Ranks and administration AND RANKS OF THE PART VII . notice Rules relating to registration Registration Obligation of persons liable to report and service of enlistment PART IV POSTPONEMENT CERTIFICATE. Postponement certificate 13.

35. 39. 26. Mutiny Desertion Absence from duty . 34. 33. 25. 37. States Duties of Servicemen Employment of Servicemen in times of emergency President may send Servicemen to friendly neighbouring PART VIII EMPLOYER'S OBLIGATIONS 27. 32.DUTIES AND EMPLOYMENT OF THE SERVICE 24. Method of dealing with disciplinary matters 29. 31. Prohibition of dismissal of employees by reason of liability for service PART IX DISCIPLINE 28. 40. Offences against discipline by Servicemen below the rank of Commandant 30. Procedure as to inquiries into disciplinary offences Disposition of serious offences Punishments Appeals Fines to be recovered by stoppage of allowance Suspension of Serviceman Servicemen subject to disciplinary code Active participation in trade union forbidden PART X MISCELLANEOUS OFFENCES 38. 36.

Interpretation Winding up of affairs of the Board . etc. rules and orders PART XV DISSOLUTION OF ZAMBIA YOUTH SERVICE BOARD 51. Finance 46. 52. Persons causing disaffection.41. 42. Establishment of the Zambia National Service Advisory Committee PART XII FINANCE 45. Offences relating to arms. Power to prosecute under other written law not affected PART XI ADVISORY COMMITTEE 44. Member deemed to be a workman Regulations. 43. 50. ammunition. Validation of acts done and contracts made before the establishment of the Service 47. accoutrements. Allowances PART XIII PENSIONS AND GRATUTITIES 48. etc. Pensions and gratuities PART XIV MISCELLANEOUS PROVISIONS 49.

Vesting of lands and personal property in. 55. Terms of service of employees of the Board transferred to the Service 57. with responsibility for the matter in question: Provided that the reference to appropriate authority in section seventeen Interpretation . unless the context otherwise requires"appropriate authority" means the authority charged. maintenance. and to provide for matters incidental thereto or connected therewith.53. government and discipline of the Zambia National Service. Transitional provisions Repeal FIRST SCHEDULE-Declaration SECOND SCHEDULE-Class of persons liable to be called up for the Service CHAPTER 121 ZAMBIA NATIONAL SERVICE 35 of 1971 13 of 1994 An Act to make provision for the establishment. This Act may be cited as the Zambia National Service Act. in accordance with this Act. and transfer of contractual and other rights and liabilities to. Registration of property to be transferred by the Board Completion of acts 56. the Government 54. [21st January. In this Act. 1972] PART I PRELIMINARY 1. Short title 2. 58.

in sections eighteen and nineteen. in so far as it relates to persons seconded to the Service. 106 "member". a person seconded to the Service in accordance with the provisions of section seventeen and a person . "appropriate tribunal" means a commanding officer or a board consisting of not less than two senior officers appointed by the Commandant. a municipal council. "commanding officer" means a senior officer of the Service designated as such by rules made under section twenty-three. "Defence Force" means the Defence Force of Zambia referred to in section four of the Defence Act. "Commandant" means the Commandant of the Zambia National Service appointed under the provisions of section twenty-one.and. includes a Serviceman enlisted or engaged under section five or eleven. "local authority" means(a) (b) (c) (d) a city council. "enlistment notice" means the enlistment notice provided for in section eleven. "Assistant Commandant" means a senior Serviceman in charge of a Wing at the Headquarters of the Service. in relation to the Service. or a township council. "citizen" means a citizen of Zambia. or a district council: Cap. shall be construed as a reference to such appropriate authority aforesaid acting with the concurrence of such person having authority in or over that part of the civil or military service of the Republic from which such person is seconded as may be appointed by the President. 281 Cap.

The Minister may. of the Service (2) The functions of the Service shall be the training of citizens to serve the Republic and the employment of its members in tasks of national importance and otherwise in the service and defence of the Republic. 106 3. 281 "city council". "Service" means the Zambia National Service established under section three. "postponement certificate" means a certificate which may be granted under the provisions of section twelve. (3) There shall be established and maintained a service to be known Establishment as the Zambia National Service (hereinafter called "the Service"). PART II ESTABLISHMENT SERVICE OF THE ZAMBIA NATIONAL Cap. "district council" and "township council" have the meanings assigned thereto in section two of the Local Government Act. "Regular Force" has the meaning assigned thereto in section two of the Defence Act. "Serviceman" means a member of the Service enlisted or engaged under section five or eleven or appointed to the permanent staff under section six. (3) The Service shall organise and run such leadership and other courses for citizens as the Minister may. "Registrar" means the person appointed under section eight to keep the national service register. by statutory instrument. Cap. "municipal council". in such statutory instrument. prescribe- . "national service register" means the register required to be kept by the Commandant under the provisions of section eight.appointed to the permanent staff under section six. prescribe.

SERVICEMEN. (2) The members of the Service shall be(a) (b) persons who enlist voluntarily under section five. (6) The President may. PART III MEMBERS. the powers conferred on the President by subsection (4) shall include(a) (b) the power to determine the operational use of the Service. ETC. the Commandant or any other person any of the powers mentioned in subsection (5). and . REGISTRATION. Membership of the Service (c) persons who are appointed to the permanent staff under section six. delegate to the Minister. (5) Subject to the provisions of this Act. the power to appoint members and to dismiss them. and matters incidental to or connected with such courses. (4) The supreme command of the Service shall vest in the President and he shall hold the office of Commander-in-Chief of the Service. persons who are enlisted under section eleven. ENLISTMENT. the person or class of persons liable to attend such courses. 4. be determined by the President. from time to time.(a) (b) (c) the duration of such courses. by direction in writing and subject to such conditions as he may think fit. (1) The Service shall consist of such number of members as may.

pay every month for a period of twenty months such proportion of his monthly total earnings as the Minister may by regulation prescribe. (4) The Minister may. in lieu of serving in the Service. or (c) serve in the Service for such period as the Minister may. Servicemen . or in consequence of an enlistment notice under section eleven. (b) or (c) of subsection (3). is between the ages of eighteen and thirty-five years (both ages inclusive).(d) persons in the civil or military service of the Republic who are seconded to the Service under section seventeen. 122 provisions of subsection (2) or paragraph (a). prescribe and thereafter. prescribe the proportion of monthly total earnings of a member of the class specified in the Second Schedule which is payable to the Service under paragraph (b) or (c) of subsection (3). in lieu of service with the Service. or (b) in the case of a person to whom the provisions of paragraph (b) or (c) of the Second Schedule apply. (2) Subject to the provisions of subsection (3). under the Cap. by statutory instrument. whether enlisted voluntarily under subsection (1). at the time of his first enlistment. serve in the Service for a period of three months during any vacation period and a further period of one month immediately after he ceases to be a student and thereafter. 5. shall be enlisted to serve in the Service for a period of two years. pay every month for the period which falls short of his two year period of service such proportion of his monthly total earnings as the Minister may by regulation prescribe. by statutory instrument. (1) The appropriate authority may enlist into the Service a male or female citizen who. (5) After the completion of his engagement with the Service. every citizen. (3) A citizen who is a member of the class specified in the Second Schedule may(a) serve in the Service for a period of two years as provided in subsection (2).

(6) A member may. delegate any of his functions under subsection (2) to any person. (1) Notwithstanding the provisions of section five. (3) The President may. profession or vocation and the Minister may. (2) Subject to the provisions of this section. make the declaration set out in the First Schedule. 7. a person includes the Government. with the consent of such person. to exercise disciplinary control over persons holding or acting in such offices and to remove such persons from office shall vest in the President. every citizen. appointments may be made to the permanent staff of the Service on terms other than those prescribed in the said section and a citizen appointed to the permanent staff shall. prescribe terms and conditions of such apprenticeship. (1) Subject to the provisions of this Act. by statutory instrument. a local authority or any company or association or body of persons. male or Liability to be female. (8) For the purpose of subsection (6). power to appoint persons to hold or to act in any office in the permanent staff of the Service (including power to confirm appointments). during the period of his service.a Serviceman shall form part of the Home Guard as defined in any written law relating to the Home Guard (hereinafter referred to as "the Home Guard") and shall be liable to such duties as are provided in any written law applicable to a member of the Home Guard. trade. be seconded to any person. 6. be a Serviceman. for the purpose of undergoing a period of apprenticeship in any business. corporate or unincorporate. (7) Every Serviceman shall. so long as he holds such appointment. by directions in writing and subject to such conditions as he thinks fit. who has attained the age of eighteen years and has not attained called up for the an age above thirty-five years and is a member of the class specified in Service the Second Schedule shall be liable to have his name entered in the national service register and to be called upon to serve in the Service in Appointments to permanent staff . on first joining the Service.

accordance with the provisions of this Act. 9. (2) The Minister may. by statutory instrument. by statutory instrument. and (b) requiring persons whose names have been entered on the national service register to furnish to the Registrar such particulars as may be prescribed. add to. (4) For the purpose of this section and the Second Schedule. vary or replace the Second Schedule. make rules in relation Rules relating to the following matters: to registration (a) requiring the persons in charge of secondary schools or other educational or professional institutions to furnish to the Registrar particulars about students attending such schools or institutions who may be liable under this Act to be called up for the Service. a citizen who is a member of the class specified in the Second Schedule shall not be liable to be called upon to serve in the Service so long as he is a student engaged in studies: Provided that. The Commandant shall be Registrar and he shall keep a register of Appointment of persons who are liable under this Act to be called up for national service Registrar of Service (in this Act referred to as "the national service register") and shall perform such other duties in connection with the said register and the enlistment of members of the Service as may be prescribed in this Act. (1) The Minister may. amend. a student shall be deemed to be not engaged in studies during any vacation period and he may be called up for service during any such vacation period. and may exclude provision for any class of persons subject to registration with respect to which the Minister is satisfied that sufficient particulars can . (3) Notwithstanding the provisions of subsection (1). a student means a full-time student. (2) Rules made under subsection (1) may make different provision in relation to different classes of persons subject to registration. 8. for the purpose of this section.

liable to be called upon to serve in the Service in accordance with the provisions of this Act. the person upon whom the notice is served shall be deemed. or to both. (3) If at any time before being called up for the Service a person whose name is entered in the national service register changes his name or address. as from the day so specified in the notice. as the case may be. 10. or at any later date becomes. and to such authority. subject to this section. he shall forthwith notify the change to the Registrar and. present himself in person to such authority or person as may be prescribed by the Minister by statutory instrument to furnish his name and particulars for entering the same in the national service register. (2) The Registrar shall from time to time make any necessary alteration to any entry therein and shall remove from the said register the name of every person who dies before being called up for the Service or who ceases to be liable to be called up for the Service. as may be so specified in the notice. upon the commencemnt of this Act. fails without reasonable excuse to present himself in person to the authority or person prescribed under subsection (1) within the period specified in the said subsection shall be guilty of an offence against this Act and shall be liable on conviction to a fine not exceeding one thousand penalty units or to imprisonment for a term not exceeding three months. within three months of the commencement of this Act or his so becoming liable. and. if he fails to do so. (1) Every person who. (2) Any person who. (1) It shall be the duty of the Registrar to ensure that the names and Registration particulars of persons liable under this Act to be called up for the Service received by him are entered in the national service register. is. he shall be guilty of an offence and on conviction liable to a fine not exceeding three hundred and fifty penalty units (As amended by Act No. 13 of 1994) 11. to have been duly enlisted in Obligation of persons liable to report and service of enlistment notice . shall. being liable under this Act to be called upon to serve in the Service. (3) The Registrar may cause to be served on any person who is liable under this Act to be called up for the Service a written notice (in this Act referred to as "an enlistment notice") stating that he is called up for the Service and requiring him to present himself at such place and time.be ascertained otherwise than by virtue of such rules.

cancel the notice or cause to be served on him a further enlistment notice varying the original notice by altering the place or time at which he is thereby required to present himself. such travelling and other allowances as the Minister may.the Service and the period for which he is enlisted shall begin on the said day or such later day as he may in fact present himself for service. or to both. the enlistment notice served on him shall be of no effect. by statutory instrument. the Registrar may. (9) A person who is not a citizen shall not enlist to serve in the Service. (7) There shall be paid to persons required to present themselves in accordance with enlistment notices served upon them. fails without reasonable excuse to present himself in accordance with the provisions of such notice shall be guilty of an offence against this Act and shall be liable on conviction to a fine not exceeding one thousand penalty units or to imprisonment for a term not exceeding three months. or (b) any application or appeal made by him under section twelve is pending. any of the following conditions is fulfilled. (5) Where. at the beginning of the day specified in an enlistment notice or the day on which the person to whom the notice relates is thereby required to present himself. at any time while that person remains liable under this Act to be called up for the Service. (6) An enlistment notice served upon any person shall cease to have effect if before the day on which he is thereby required to present himself he ceases to be liable under this Act to be called up for the Service. . that is to say: (a) a postponement certificate relating to him is in force. prescribe. (4) Where an enlistment notice has been served on any person. being liable to be called up for the Service. (8) Any person upon whom an enlistment notice has been served who.

(4) An application for the grant of a postponement certificate may be made at any time after an enlistment notice has been served on the applicant but before the day specified in the notice as the day on which he is thereby required to present himself. on that ground. he shall be guilty of an offence and shall be liable on conviction to a fine not exceeding one thousand penalty units or to imprisonment for a term not exceeding three months. NATIONAL SERVICE HARDSHIP COMMITTEE AND EXEMPTION Postponement 12. or to both. (2) Where application for a postponement certificate or for the renewal of a postponement certificate is made. (3) National Service Hardship Committees shall be appointed for such areas or regions as the Minister may determine and shall consist of a chairman and three other members all of whom shall be appointed by the Minister. (1) Subject to this section. and may. any person upon whom an enlistment notice has been served under section eleven or his employer may apply certificate in a prescribed manner for a certificate of postponement of liability under this Act to be called up for the Service (in this Act referred to as a "postponement certificate") on the ground that exceptional hardship would ensue if he were called up for the Service. that application shall be considered by a National Service Hardship Committee constituted under subsection (3). apply in the prescribed manner for the renewal of any postponement certificate granted to him. (5) An application for the renewal of a postponement certificate shall be . (As amended by Act No. 13 of 1994) PART IV POSTPONEMENT CERTIFICATE.(10) If a person who is not a citizen enlists in the Service or does not disclose his nationality when he presents himself for enlistment to the appropriate authority of the Service under the provisions of this Act.

it appears to the Registrar that. (2) Where an application is made under subsection (1). he may. Appeals from determination of National Service Hardship Committee Revocation of postponement certificate 14. and if he is aggrieved by the determination of the National Service Hardship Committee. (1) The Registrar or any person authorised by him shall be entitled Provisions as to to be heard on any application before a National Service Hardship National Committee. 13. by reason of any change in the circumstances of the person to whom the certificate was granted. in the prescribed manner. Service Hardship Committees (2) No determination of an appeal to the Minister or any application to a National Service Hardship Committee or the determination thereof shall be questioned in any court of law. the Registrar may apply to the National Service Hardship Committee and the Committee may either refuse the application or cancel the certificate or vary it by shortening the said period. by statutory instrument. An applicant for a postponement certificate or the renewal of a postponement certificate who is aggrieved by the determination of a National Service Hardship Committee may. the person to whom the postponement certificate in question was granted shall be entitled to be heard on the application. (1) If. appeal to the Minister whose decision shall be final. 16. the certificate ought to be revoked or the period for which it was granted ought to be shortened. appeal to the Minister whose decision shall be final.made at least fourteen days before the expiration of the period for which that certificate was granted or last renewed. at any time while a postponement certificate is in force. exempt any person or any class of persons from liability under this Act to be called upon to serve in the Service. 15. The Minister may. in the prescribed manner. Exemption from liability .

discharge a member of the Service or terminate his secondment. his secondment shall. be forthwith terminated. as the case may be. with the approval of the President direct. Notwithstanding the foregoing provisions of this Act but subject to Prolongation of the provisions of subsection (3) of section seventeen.PART V SECONDMENT TO THE SERVICE 17. the secondment may. and. if. and if he can no longer be employed in the rank at which he was first seconded or in any rank senior thereto. (2) The period of secondment shall be such period as shall be agreed upon at the commencement of the employment. be renewed from time to time. (3) Where a person is first seconded for employment with the Service in any particular rank. 18. secondment insurrection. (1) Any citizen who is in the civil or military service of the Republic may. 19. COMMANDANT SERVICE AND RANKS OF THE Discharge Seconded members . be seconded for employment within the Service. at any time during the term of an engagement or period of secondment. if he wishes. any member of the engagement and Service whose engagement or secondment expires during a state of war. hostility or public emergency may be retained in the Service and his engagement or secondment prolonged for such further period as the appropriate authorities. PART VI UNITS. he shall not thereafter be required to serve in any rank junior thereto without his consent. if the person seconded so wishes and the appropriate authorities so approve. his services are no longer required. if he so wishes and the appropriate authorities approve. The appropriate authority may. subject in each case to such limitations aforesaid. for any reason.

the Commandant shall have the command. equipment. in the event of the Commandant being for any reason absent. from time to time make standing orders for the general government of Servicemen in relation to their training. sub-unit. sub-unit. classification and duties as well as their distribution and inspection and such other orders and instructions as he may deem expedient for preventing neglect and for promoting efficiency and discipline of Servicemen in the discharge of their duties. unit. as the Minister Service may from time to time direct. camp or settlement of the Service. superintendence. (2) The Commandant may. places of residence. accoutrements. (4) The President may. (3) Save where a contrary intention appears. (2) Subject to subsection (3). clothing. Commandant direction and control of the Service. camp or settlement of the Service. The President may appoint an experienced member of the Service Appointment of or an officer of the Regular Force to be the Commandant of the Service. the Commandant may delegate to a Serviceman not below the rank of Assistant Commandant the duties. 21. powers and functions vested in him by this Act or any other written law. camp or settlement of that description. . he shall be posted only to a branch. camps and settlements. units. appoint another person to act as Commandant during the period of the Commandant's absence and the person so acting shall perform the functions of the Commandant under this Act. unit. arms. any Serviceman may be posted to and employed in any branch. unit. subject to the general instructions of the Minister and to the provisions of this Act. (1) Subject to this Act and to the direction of the President and the Powers of Minister. sub-unit.20. Commandant 22. (3) Where a Serviceman is seconded specifically for a particular description of branch. (1) The Service shall be divided into such numbers and descriptions Units of the of branches. sub-units.

PART VII DUTIES AND EMPLOYMENT OF THE SERVICE 24. and such rules(a) shall prescribe the relative seniority of the various ranks. or reduction from. (3) The control of the Service in any branch. sub-unit. such ranks shall be vested. sub-unit. members of the Service may be trained in the use of arms and weapons of war. (2) Without prejudice to the generality of the foregoing provisions of this section. by the Commandant. (2) The administration of the Service throughout Zambia shall be vested in the Commandant. (1) Every member of the Service shallDuties of Servicemen (a) perform such duties and carry out such training as may be directed by the officers senior to or placed in command over him. camp or settlement shall carry out the orders of the Commandant in all matters including discipline. unit. camp or settlement shall be vested in such Serviceman as may be appointed. (1) There shall be such other ranks of the Service as may be prescribed by rules made by the Minister under section fifty. . and Ranks and administration (b) may prescribe the authority or authorities in whom the power to make appointments or promotions to. unit. subject to the approval of the Minister. (4) A Serviceman in charge of a branch.23. internal administration and training of the Servicemen under his command. (b) obey and execute promptly all orders lawfully issued to him by the officers senior to or placed in command over him.

and subject to. "friendly neighbouring State" means any State having a common border and friendly relations with the Republic and any such other State as the President may declare to be a friendly neighbouring State. insurrection. (2) Where any part of the Service is. within the meaning of section two hundred and six thereof. hostility Employment of or public emergency or during any period when a declaration made Servicemen in under the Constitution has effecttimes of emergency (a) call out the Service or any part or member thereof. (3) All the members of the Service serving outside the Republic under the provisions of this section shall be under the orders of their own superior officers. it shall be governed by. in pursuance of an order made Cap. the President shall make rules declaring which rank of the Service corresponds to which rank in the Defence Force and may make rules relating to the command of such part by members of the Defence Force. during a state of war. and the members of the Service for the time being serving with such part shall be deemed to be subject to that Act. in so far as appertains to their terms and . (1) The President may. (b) order that the Service or any part thereof be employed to serve with the Defence Force or otherwise in the defence of the Republic. serving with the Defence Force or otherwise in the defence of the Republic. serving with the Defence Force or otherwise in the defence of the Republic.25. 106 under this section. in pursuance of an order made under this section. the Defence Act. order such part or members of the Service as he may think fit to proceed for service to a friendly neighbouring State. 26. President may send Servicemen to friendly neighbouring States (2) For the purpose of this section. at any time. (3) Where any part of the Service is. (1) The President may. and shall.

an employer is not liable to pay to an employee any remuneration for the period during which the employee is serving in the Service. liable to perform or discharge by reason of his being called up for the Service. so however that. whose employment has been terminated. (1) If the employer of any person liable to be called up terminates his employment without his consentProhibition of dismissal of employees by reason of liability for service (a) after he is informed by the employee that an enlistment notice is served upon him under the provisions of section eleven. (2) Save as provided in this section. or may become. a local authority or an organisation prescribed under the provisions of subsection (4) is called up for the Service. the period during which he serves with the Service shall be treated as a period of service with his employer for all purposes. and (b) does so solely or mainly by reason of any duties or liabilities which that employee is. the employer shall be guilty of an offence and liable on conviction to a fine not exceeding five thousand penalty units or to imprisonment for a term not exceeding three months. . a sum not exceeding an amount equal to three months' remuneration at the rate at which his remuneration was last payable to him by his employer. as compensation for any loss suffered or likely to be suffered by him by reason of the termination. perform duties of a like nature to those which they may be required to perform under this Act in Zambia.conditions of service and the maintenance of discipline. nothing in this section shall operate contrary to the general law for the time being in force in such friendly neighbouring State which shall apply to and be observed by such members of the Service. and the court by which he is convicted may order him to pay to the employee. be subject to the provisions of this Act and shall. so far as is possible. (3) If a person in employment of the Government. except as aforesaid. PART VIII EMPLOYER'S OBLIGATIONS 27.

an employer means(a) in a case where the employing authority is a body corporate. from the day he starts serving with the Service. is serving in the Service pursuant to his being called up for the Service. his monthly remuneration at the rate at which his remuneration was last payable to him by the employer immediately before he commenced serving with the Service. as a prescribed organisation for the purpose of subsection (3). shares or any other interest.including his remuneration. (As amended by Act No. and such period of three months shall be deemed as a period of service with his employer for all other purposes. (5) If an employee in employment of any person. Disciplinary control over Servicemen shall be exercised as is provided in this Part. a local authority or an organisation prescribed under the provisions of subsection (4). an employer shall be deemed to have terminated his employee's employment in contravention of subsection (1) unless the employer shows a lawful reason for such termination of employment other than the reason mentioned in paragraph (b) of subsection (1). the employer shall pay him for a period of three months. directly or indirectly. and (b) in any other case. by writing under his hand. other than the Government. Method of dealing with . prescribe any company or association or body of persons. (4) The Minister may. (6) For the purpose of subsection (1). (7) For the purpose of subsection (1). corporate or unincorporate. in which the Government holds. 13 of 1994) PART IX DISCIPLINE 28. the individual or group of individuals who is empowered to terminate and who has in fact terminated the employment of an employee. the individual who is empowered to terminate and has in fact terminated the employment of the employee.

or without good and sufficient cause omits. (ii) is oppressive or tyrannical in conduct towards a Serviceman inferior to him in rank. (ix) resists an escort whose duty it is to apprehend him or to have him in charge. promptly and diligently to attend to or carry out anything which it is his duty as a Serviceman to attend to or to carry out. leaves or escapes from his arrest or confinement before he is set at liberty by proper authority. (viii) being under arrest or in confinement. (vii) talks or is inattentive or otherwise misbehaves himself on parade. abusive or insulting language to any other Serviceman. or without good and sufficient cause omits or neglects to carry out any lawful order. (ii) idles or gossips or sits or lies down without reasonable cause when on duty. . that is to say. (v) wilfully or negligently makes any false complaint against any other Serviceman. (1) A Serviceman below the rank of the Commandant commits an offence against discipline if he is guilty ofOffences against discipline by Servicemen below the rank of Commandant (a) disobedience to orders. that is to say. (iv) assaults any other Serviceman. if he disobeys. that is to say. (iii) uses obscene. written or otherwise. act or demeanour to a Serviceman superior to him in rank. (b) insubordinate or oppressive conduct.disciplinary matters 29. (c) neglect of duty. (vi) fails to report any complaint or report made against any other Serviceman. if he- (i) neglects. if he- (i) is disrespectful in word.

(iv) makes or joins in making any anonymous communication to a Serviceman superior in rank to him. that is to say. or without good and sufficient cause omits to make or send a report or return which it is his duty to make or send. (ii) without proper authority communicates to the press. that is to say. that is to say. (f) falsehood or prevarication. (iii) without good and sufficient cause destroys or mutilates any official document or record. or to any unauthorised person any matter concerning the Service. or (ii) leaves without right of permission or lawful reason any service camp or quarters. if he acts in a disorderly manner. except through the proper channels of correspondence to the Commandant. (iii) without proper authority shows to any person outside the Service any book or written or printed document belonging to the Service.(iii) (iv) sleeps when on duty. if he- (i) knowingly makes or signs any false statement in any official book or document. (vi) refuses. parade or other duty. (e) absence without leave or being late for duty. (g) breach of confidence. (d) discreditable conduct. fails to report any matter which it is his duty to report. if he(i) divulges any matter which it is his duty to keep secret. or alters or erases any entry therein. if he- (i) without reasonable cause or excuse is absent without leave from. (vi) calls or attends any unauthorised meeting to discuss any matter concerning the Service. (ii) wilfully or negligently makes any false. book or paper. (v) signs or circulates any petition or statement with regard to any matter concerning the Service. . or in any manner prejudicial to discipline or likely to bring discredit on the reputation of the Service. (v) without reasonable cause omits to make any necessary entry in any official document. that is to say. misleading or inaccurate statement. or is late for.

(h) malingering. (ii) fails to report any such loss or damage as aforesaid however caused. that is to say. loss or damage to any article of clothing or accoutrements. that is to say. while on duty. that is to say. if he(i) wilfully or by carelessness causes any waste. (2) An offence against discipline under this section shall be inquired into. document or other property belonging to the Service. or to any book. according to the degree and nature of the offence. tried and determined and the offender shall be liable to suffer punishment. while on or off duty. if he feigns or exaggerates any sickness or injury with a view to evading duty. if he. (l) entering licensed premises. (n) neglecting or failing to report the fact that he is suffering from venereal or other contagious disease. disorder or neglect to the prejudice of good order and discipline not hereinbefore specified. (i) uncleanliness. (m) discharging without orders or just cause any firearm which has been issued to him. in accordance with the provisions of this Part: Provided that a Serviceman shall not be found guilty of an offence under . conduct. (o) any other act. that is to say. is without reasonable cause improperly dressed or dirty or untidy in his clothing or accoutrements. issued to him or used by him or entrusted to his care. if he. (p) conniving at or knowingly being an accessory to any offence against discipline under this Act. that is to say. (k) drunkenness. is unfit for duty through the consumption of intoxicating liquor or drugs. (j) damage to property. if he enters any public bar licensed for the sale of intoxicating liquor when on duty except when his presence is required there in the execution of his duty.

(6) The findings and punishment shall be recorded and communicated personally to the defaulter. who may either proceed to hear the charge or charges himself or remit the case to another appropriate tribunal to hear the charge or charges. he was on a specific duty for which he was specifically detailed. (c) (iii) or (l) of subsection (1) unless it is proved that. (3) The defaulter shall be informed of the date and time at which he will be required to appear before the appropriate tribunal. may impose a punishment. or (b) reserve its findings until a later date and. if it finds the defaulter guilty of any of the charges against him or. (1) Where it appears to a senior officer that there is a prima facie case against a Serviceman (hereinafter in this Act referred to as "the defaulter") for an offence against discipline. Procedure as to inquiries into disciplinary offences .paragraphs (c) (ii). (5) At the conclusion of the hearing the appropriate tribunal may(a) give its finding forthwith and. he shall frame a charge or charges against the defaulter. and the defaulter shall be afforded an opportunity to make a defence and adduce evidence for that purpose. if it finds the defaulter guilty of any of the charges against him. if the defaulter has pleaded guilty thereto. or (b) if he is a commanding officer may proceed to hear the charge or charges himself or remit the case to another appropriate tribunal to hear the charge or charges. at the time when the offence was committed. (4) The charge or charges shall first be read over to the defaulter who shall be required to plead guilty or not guilty to each charge separately. 30. may impose a punishment. (2) The senior officer aforesaid may(a) if he is not a commanding officer report the charge to his commanding officer.

(2) On receipt of a report and the other documents referred to in subsection (1). the Commandant may(a) confirm all or any of the findings or substitute for any finding of the appropriate tribunal or any finding substituted by the commanding officer any other finding at which the tribunal could have arrived upon the evidence and impose a punishment in relation thereto (in which case he shall notify the appropriate tribunal). or (b) if the appropriate tribunal is a commanding officer. (1) Where the defaulter pleads or is found guilty but the appropriate Disposition of tribunal considers that the offence warrants dismissal from the Service.31. it shall send a report to the commanding officer of the defaulter together with a copy of the proceedings. a commanding officer may(a) confirm all or any of the findings or substitute for any finding of the appropriate tribunal any other finding at which the tribunal could have arrived upon the evidence and refer the report and such other documents to the Commandant for the latter to impose a punishment. or (b) quash any finding of guilt and acquit the defaulter in respect thereof or order a re-trial on such charge or charges as he may specify. his findings and the reasons therefor. he shall send a report to the Commandant together with a copy of the proceedings. serious offences it shall not make an award but(a) if the appropriate tribunal is not a commanding officer. (3) On receipt of the report and such other documents as aforesaid. . (4) Notification of the findings and punishment shall be personally communicated to the defaulter. or (b) quash any finding of guilt and acquit the defaulter in respect thereof or order a re-trial on such charge or charges as he may specify. its findings and the reasons therefor.

extra drills or parades. stoppage of allowance. for not more than fourteen days. (b) confinement in a guardroom. appeal to the Commandant in writing and the Commandant may quash. . (c) (d) (e) (f) a fine not exceeding thirty penalty units. in his discretion. admits at the hearing of the appeal and may quash. (1) Any Serviceman aggrieved by any finding of an appropriate tribunal or any award of an appropriate tribunal may. confirm or remit any punishment imposed by the appropriate tribunal or may substitute therefor any punishment which the appropriate tribunal could have imposed. (1) One or more of the following punishments may be imposed by Punishments any appropriate tribunal upon a defaulter who has pleaded guilty or who has been found guilty of an offence against discipline: (a) reduction in rank. or restriction to the confines of any camp or other area where a part of the Service is stationed. (2) Where the Commandant hears any new evidence on appeal. (As amended by Act No. 13 of 1994) Appeals 33. he shall give the appellant an opportunity of being present and putting questions to any witnesses so heard. within seven days of the notification to him thereof. including any additional evidence which the Commandant. confirm or vary any finding of the appropriate tribunal or substitute therefor any finding at which the appropriate tribunal could have arrived upon the evidence.32. dismissal from the Service. where a defaulter has pleaded guilty or has been found guilty of an offence against discipline. may dismiss the defaulter from the Service. (2) The Commandant may impose any punishment which an appropriate tribunal is competent to impose and.

(4) In every case in which an appeal is lodged. but shall in no case exceed one-half of the monthly allowance of the defaulter and. may. whenever more than one order of stoppage is in force against the same Serviceman. 35. the orders later in date shall if necessary be postponed as to their enforcement until the earlier orders have been discharged. (1) Subject to subsection (2). where a charge alleging an offence against discipline or an offence against the Act has been laid or is about to be laid against a Serviceman. or subsection (3) of section thirty-one. within fourteen days of the notification to him thereof. appeal to the President in writing and the President may confirm or vary any finding of the Commandant and may vary. (1) All fines imposed on a defaulter in respect of offences against discipline under this Part may be recovered by stoppage of the defaulter's allowance due at the time of committing such offences and thereafter accruing due. Suspension of Serviceman Fines to be recovered by stoppage of allowance Servicemen subject to disciplinary . 36. so much only of his allowance shall be stopped as shall leave him a residue of at least one-half of his allowance. (3) Where more than one order of stoppage is made upon the same Serviceman. 34. every Serviceman shall be subject to the disciplinary code under the provisions of this Part. remit or confirm any punishment imposed or confirmed by the Commandant and in all such cases the decision of the President shall be final. the punishment shall be suspended during the hearing of the appeal. may suspend that Serviceman from the performance of his duties with the Service. The Commandant or a commanding officer. (2) The amount of stoppage in respect of any punishment authorised by this Part shall be in the discretion of the appropriate tribunal by whom the punishment was imposed or subject to the discretion of the Commandant.(3) Any Serviceman aggrieved by the finding or award of the Commandant under the provisions of subsection (1) of this section.

(1) It shall not be lawful for any member of the Service to take active part inActive participation in trade union forbidden (a) any trade union. and (ii) nothing in this subsection shall preclude such a person from exercising any function under the disciplinary code or shall be construed as derogating from the status or authority attaching to the rank he holds. rule or order for a dereliction of duty while seconded to the Service. (3) If any question arises as to whether any body is a trade union or association affiliated to a trade union or a body within the meaning of . rules and orders governing that part of the service of the Republic from which he was seconded to the Service: Provided that(i) nothing in this subsection shall preclude such a person from being proceeded against under any appropriate provision of any such law. regulation. pensions or conditions of service of the Service. or one of the objects of which. is to control or influence conditions of employment in any trade or profession. or any body or association affiliated to a trade union. (2) Any member of the Service who contravenes the provisions of this section shall be liable to be dismissed and shall forfeit any pay or allowances due to him. or (c) any body or association the object of which is to control or influence the pay.code (2) A person seconded to the Service shall not be subject to the disciplinary code under the provisions of this Part but shall remain subject to the law. 37. regulations. or (b) any body or association the objects of which.

(1) Any member who deserts from the Service shall be guilty of an Desertion offence and shall be liable on conviction to a fine not exceeding five hundred penalty units or to imprisonment for a term not exceeding six months. (4) For the purpose of this section. "trade union" has the same meaning Cap. (2) For the purpose of this section. Any member who absents himself from duty without leave or Absence from reasonable cause for a period of twenty-one days shall be guilty of an duty offence and shall be liable on conviction to the forfeiture of any pay and allowances due and payable to him. "mutiny" means a combination between two or more members of the Service or between persons at least two of whom are members of the Service(a) to overthrow or resist lawful authority in the Service. or (b) to disobey any such authority in such circumstances as to make the disobedience subversive of discipline. 13 of 1994) 40. (2) No person shall be found guilty of the offence of desertion unless the court is satisfied that he intended not to return to the Service. 39. (As amended by Act No. the question shall be decided by the Minister whose decision shall be final and conclusive and shall not be questioned in any proceedings. or to both.this section. 269 as it has in the Labour and Industrial Relations Act or any law repealing and replacing the same. (1) Any member of the Service who takes part in a mutiny shall be Mutiny guilty of an offence and shall be liable on conviction to a term of imprisonment not exceeding five years. . PART X MISCELLANEOUS OFFENCES 38.

ammunition. or to both. 13 of 1994) 42. having ceased to belong to the Service. ammunition. accoutrements. (3) Any person. or (b) induces or attempts to induce. uniforms or other appointments as required by this section shall be guilty of an offence and shall be liable upon conviction to a fine not exceeding two thousand penalty units or to imprisonment for a term not exceeding three months. a member for use in the execution of his duty. or is intended for supply to. or to both. etc. without lawful authority(a) sells or otherwise disposes of. accoutrements. who is found in possession of any arms. clothing. Any person who- (a) causes or attempts to cause or does any act calculated to cause disaffection amongst members of the Service. all powers and authority vested in him by or under this Act shall immediately cease and determine and he shall forthwith deliver up to the person appointed by the Commandant for that purpose all arms. shall be guilty of an offence and shall be liable upon conviction to a fine not exceeding five thousand penalty units or to imprisonment for a term not exceeding two years. uniforms or other appointments belonging to the Service and who fails to account satisfactorily for his lawful possession thereof shall be guilty of an offence and shall be liable upon conviction to a fine not exceeding five thousand penalty units or to imprisonment for a term not exceeding six months. ammunition. or Persons causing disaffection. (2) Any member of the Service who. clothing. uniforms and other appointments which have been supplied to him or entrusted to his care and which are the property of the Republic. Offences relating to arms. anything which has been supplied to. . etc. or purchases or otherwise acquires. accoutrements. fails to deliver up any arms. (4) Any person who. accoutrements. any member of the Service to desert or to commit any breach of discipline. clothing. or does any act calculated to induce. or to both.41. not being a member. (1) When a member of the Service ceases to belong to the Service. ammunition. (As amended by Act No.

Finance . from time to time. discipline and administration of the Service as may be referred to it. maintenance and operation of the Service under the provisions of this Act shall be charged on the general revenues of the Republic. (1) There shall be a Zambia National Service Advisory Committee (hereinafter referred to as "the Advisory Committee") which shall advise the Minister on such matters of policy and matters affecting the command. Establishment of the Zambia National Service Advisory Committee Power to prosecute under other written law not affected (2) The President may appoint such number of members of the Advisory Committee as he deems fit. PART XII FINANCE 45. or from being liable under any written law to other or higher penalty or punishment than is provided for such offence by this Act: Provided that no person shall be punished twice for the same offence. Any expenditure incurred for the establishment. 13 of 1994) 43. shall be guilty of an offence and shall be liable upon conviction to a fine not exceeding five thousand penalty units or to imprisonment for a term not exceeding six months. (As amended by Act No. by the Minister.(b) aids or abets any person in selling or disposing of or purchasing or acquiring any such thing. PART XI ADVISORY COMMITTEE 44. Nothing in this Act shall exempt any person from being proceeded against under any other written law in respect of any offence made punishable by this Act. (3) A member of the Advisory Committee shall be appointed by virtue of the office he holds and not in his individual capacity.

any such contract as is mentioned in subsection (2) shall not be enforceable against the Minister or person or body who entered into the contract on behalf of the Service. buildings. person or body is hereby released from all liability under the contract. then any such contract shall have effect and be enforceable in the same manner as if the Service had been in existence at the date of the contract and the Government had been a party thereto in the place of the Minister or person or body who entered into the contract in the circumstances mentioned in this section. (1) Any acts done and expenses incurred. (3) As from the date of the establishment of the Service. or (c) relating to the exercise and performance of the functions of the Service. and the Minister. before the date of the establishment of the Service. use or purposes of the Service (which they or any of them are hereby empowered and shall be deemed always to have been empowered so to do) and any other person(a) for the employment of that person in any capacity relating to the exercise and performance of the functions of the Service. (2) Where. before the establishment of the Service. equipment. housing or services to be used for the purposes of the Service. Validation of acts done and contracts made before the establishment of the service . plant. or (b) for the provision of machinery.46. by the Minister or by any person or body authorised by the Minister so to do on behalf of the Republic (which they or any of them are hereby empowered and shall be deemed always to have been empowered so to do) in connection with the establishment of the Service shall be deemed to have the same effect and validity as if the Service had been in existence when the acts were done or expenses incurred and as if such acts has been done and such expenses incurred by the Government for the Service. (4) This section shall have effect notwithstanding any other provisions of this Act and notwithstanding that this Act had not been enacted at the time when the acts were done or the expenses were incurred or the contracts were entered into. any contract had been entered into by the Minister or by any person or body authorised by the Minister so to do for the benefit.

(2) Without prejudice to the generality of subsection (1). such regulations may prescribe(a) the conditions under which pensions or gratuities may be paid. 260 . (d) that pensions or gratuities shall be liable to forfeiture or non-payment for misconduct. accident or disability incurred in the discharge of their duties. (1) The Minister may. the period of service qualifying for. (1) The President may. make regulations Pensions and prescribing the payment of pensions or gratuities in respect of service of gratuities the Servicemen or any of them. by statutory instrument. pensions or gratuities. and the payment of gratuities to the Servicemen who otherwise become incapacitated for service. (b) the payment of pensions or gratuities to the Servicemen who become incapacitated for service by sickness. and the methods of payment of. or disability contracted in the discharge of his duty or who dies while serving in the Service. accident. by statutory instrument.47. (c) the conditions under which a pension or gratuity may be paid to or for the benefit of any relative or dependant of a Serviceman who dies from sickness. PART XIII PENSIONS AND GRATUITIES Allowances 48. (3) Notwithstanding anything to the contrary contained in the Public Service Pensions Act. provide that all or any of the provisions of the said Act with such modification as he may prescribe. the President may. allowances or gratuities payable to members. shall apply in relation to the Cap. by statutory instrument. prescribe the pay. (2) Different provisions may be made under subsection (1) for different classes of members.

emblems and badges of rank. the issue in specified circumstances of fresh postponement . by statutory instrument. 271 Regulations. ammunition. PART XIV MISCELLANEOUS PROVISIONS 49. Cap. (f) the conditions governing resignation. rules and orders for the better carrying out of the provisions of this Act and the general administration of the Service. accoutre-ments. reduction in rank or reversions of members. organisation and distribution of the Service. (d) the allowances payable to members. Notwithstanding anything contained in any other written law. (c) the duties to be performed by members and their guidance in the discharge of such duties. rules and orders (e) the description and issue of arms. dismissal. a member when on duty shall be deemed to be a workman. and the Government shall be deemed to be the employer of such member for the purposes of the Workers' Compensation Act. make regulations.Servicemen or any of them. rules or orders may relate to the following matters: (a) prescribing anything which under this Act may or is to be prescribed. uniforms. (2) Without prejudice to the generality of subsection (1). (1) The Minister may. 50. such regulations. the conditions of appointment and service and the various ranks and appointments therein. discharge. (b) the establishment. (g) (h) leave conditions of the Service. Member deemed to be a workman.

good order and guidance of the branch. camp or settlement of the Service to make general. 52. use and disposal of arms. unit. Interpretation Cap. routine and standing orders with respect to all or any of the following matters. unless the context otherwise requires"Board" means the Zambia Youth Service Board established under section four of the Zambia Youth Service Act. sub-unit. rules or orders made under the provisions of this section may. camp or settlement under his command. uniforms and other stores. and (d) the description. 143 Winding up of affairs of the . special. transfer. posting. regulations. clothing. destroyed or defaced. (1) From the commencement of this Act the Board shall exist for the purpose of winding up its affairs and for no other purpose. unit. PART XV DISSOLUTION OF ZAMBIA YOUTH SERVICE BOARD 51. (b) the organisation and duties of the branch.certificates in place of certificates which have been lost. that is to say: (a) the discipline. cancellation or variation of a postponement certificate. sub-unit. empower the Commandant and other members of the Service having command of any branch. renewal. accoutre-ments. attachment and inspection of personnel. sub-unit. supply. on the hearing of any application for the grant. subject to any restrictions or exceptions therein contained. (c) the distribution. (3) Subject to the provisions of this Act. camp or settlement under his command. unit. (i) the principles to be applied and the circumstances to which regard is and is not to be had. (j) generally for the good order and administration of the Service. In this Part.

held or enjoyed by the Board. over or arising out of such personal property on the date of the said dissolution. 53. Vesting of lands (a) all lands. interests or rights in. subject Government however to any mortgages. power to do anything which is necessary or expedient for that purpose or is incidental thereto. (3) The Minister may issue to the Board directions in respect of the exercise of powers under subsection (2) and the Board shall act in accordance with such directions. subsisting in any other person in. and personal property in. subsisting in any other person in. securities. to. over or arising out of such property at the date of the said dissolution. tenancies. rights. tenancies or other rights. possession or occupation thereof transfer of which were subsisting immediately prior to the said dissolution and contractual and were vested in. shares. power to enter into and carry out agreements and arrangements for the transfer of its property. leaseholds. 143 Youth Service Act or any other written law. but without prejudice to the generality of that power. over or arising out of the ownership or possession of such property which were subsisting immediately prior to such dissolution and were vested in. order that the Board shall be dissolved on such date as may be appointed in the statutory instrument (in this Part referred to as "the appointed date"). contracts (other than contracts of personal services). the Board shall have. including in particular. he may. (c) the benefits of all deeds. estates. by virtue of this section and without further act. to. to. and over or arising out of the ownership. legal or equitable. or things in action which Upon the dissolution of the Board pursuant to section fifty-two- . by statutory instrument. subject however to any rights or interests. legal or equitable. held or enjoyed by the Board shall. liabilities and obligations to any person or the Government. (b) all personal property and all rights in. the Government to the extent of the title of the Board therein. charges. bonds.Board (2) Notwithstanding anything to the contrary contained in the Zambia Cap. be transferred to and vested in the Government to the extent of the title of the Board therein. for the purpose of winding up its affairs. shall. to. be transferred to and vested in the other rights and libilities to. by virtue of this section and without further assurance. leaseholds. (4) When the Minister is satisfied that all necessary agreements and arrangements have been made for the winding up of the Board so that it may be dissolved.

it shall be the duty of the Board to make an application in writing to the proper officer of the appropriate registration authority for the registration of such transfer and it shall be the duty of such officer to make such entries in the appropriate register as shall give effect to such transfer and. contract. as the case may be. contracts. imposed upon. and no registration fees. endorsement or document of transfer. subsisting in any other person. real or personal. shares. Registration of property to be transferred by the Board 55. or in respect of. bonds. and if presented therefor. be transferred to. contracts. and all such liabilities in tort. in the same manner as if the Government had been a party to each such deed. bond. (d) all subsisting and future liabilities or obligations arising out of any deed. be transferred to and vested in. Whenever in pursuance of the provisions of this Part. interest or claims. subject however to any rights. shares or securities instead of the Board. contract (other than a contract for personal service). where appropriate. legal and equitable. suffered and incurred by the Government. any such deeds. bonds. right or obligation concerned. security or thing in action. such thing may be carried on and completed by the Government instead of the Board in like manner and to the same extent as such thing might have been carried on and completed. share or other security instead of the Board. share. 54. but for the provisions of this Part. any property. and in the same manner as if the Government at all times had been the party bound or obliged by or under each such thing in action or liable by reason of each tort instead of the Board. and shall ensure to the benefit of the Government in the same manner as if the Government had been a party to such deeds. by the . or things in action on the date of the said dissolution. liabilities or obligations of the Board are transferred by it in respect of the transfer of which any written law provides for registration. bond. to. securities. to issue to the transferee concerned a Certificate of Title in respect of the said property or to make necessary amendments to the appropriate register. rights. by virtue of this section. deeds or other rights or liabilities transferred by virtue of this Part to the Government. stamp duty or other duties shall be payable in respect thereof. over or arising out of. suffered or incurred by the Board shall. imposed upon. in. by virtue of this section and without further act. and in the same manner as if the Government at all times had been entitled to the benefit of all such things in action instead of the Board.were subsisting immediately prior to such dissolution and were vested in the Board shall. Where anything has been commenced by or under the authority of Completion of the Board prior to the date of its dissolution and such thing was done in acts relation to any property. to make endorsements on the deeds relating to the title.

(2) The new terms and conditions offered under the provisions of subsection (1) to a person who is required to perform duties reasonably comparable to the duties performed by him immediately before he transferred his employment to the Service shall be no less favourable than those enjoyed by him. be deemed to have been raised. Transitional provisions Terms of service of employees of the Board transferred to the Services 58. 232 of the 1971 edition . 56. in aggregate. and his service with the Board shall be treated as service with the Service for the purpose of determining rights to or eligibility for pension. so long as he continues in such employment and until he is served by the Service with a statement in writing offering new terms and conditions of employment. enjoy such terms and conditions of employment with the Service as are. The units raised. established. maintained. he shall. enlisted or appointed under this Act. as the Minister may. from the commencement of this Act. leave pay and travel fare in respect of his service. while in the employment of the Board. Cap. not less favourable than he enjoyed immediately before the date of the dissolution of the Board. by the Government for the purpose of an organisation named the National Service shall. by statutory instrument.Board. The Zambia Youth Service Act is hereby repealed from such date Repeal. gratuity. before the enactment of this Act. (1) Where any person who was in the service of the Board immediately before the date of its dissolution agrees to transfer from that service to the employment of the Service. appoint. established and maintained and the persons enlisted or appointed. 57.

............................................. (Signature of Magistrate or Superior Serviceman) * Delete whichever is not applicable..... and will obey all lawful orders of the President and of all officers placed over me and will subject myself to all written law relating to the said Service. Before me ............................................................*do swear by Almighty God/do solemnly and sincerely declare and affirm that I will be faithful and bear true allegiance to the President of the Republic of Zambia....... this ................ that during my service with the Zambia National Service I will preserve................................................................. day of ................................................... as by law established....................... ........... Signature or Thumbprint of Serviceman *Sworn or Declared and Affirmed at ............... protect and defend the Constitution of Zambia....................................FIRST SCHEDULE (Section 5) THE ZAMBIA NATIONAL SERVICE ACT DECLARATION I................... ................. 19.................................

at any University or University College in the Republic or elsewhere. either before or after the commencement of this Act. completed in the Republic or elsewhere an academic year in Form V or its equivalent and ceases to be a student. and who is not a person exempted under section sixteen. at any of the institutions prescribed by the Minister for this purpose. has enrolled or enrols as a student. either before or after the commencement of this Act. or (b) has enrolled or who enrols as a student. shall be the class of persons liable to be called up to serve in the Zambia National Service. .SECOND SCHEDULE (Sections 5 and 7) CLASS OF PERSONS LIABLE TO BE CALLED UP FOR THE SERVICE Every citizen who(a) has. on or after the commencement of this Act. or (c) having completed an academic year in a Form not lower than Form V or its equivalent.

2.SUBSIDIARY LEGISLATION THE NATIONAL SERVICE (GENERAL) REGULATIONS [ARRANGEMENT OF REGULATIONS] PART I PRELIMINARY Regulation 1. National Service register PART III ENLISTMENT NOTICE 4. National Service Hardship Committees . Title Interpretation PART II REGISTRATION 3. Enlistment notice Postponement certificate Appeal to the Minister PART IV NATIONAL SERVICE HARDSHIP COMMITTEES 7. 6. 5.

Interpretation Uniforms. CAMPS. 18. Training Leadership course Period not counted as service PART VI GENERAL PROVISIONS 11. Branches and units of the Service Ranks in the Service PART VIII UNIFORMS. . WEAPONS AND OTHER MILITARY STORES 17. 10. 9.PART V TRAINING IN SERVICE 8. weapons. (4) 14. 16. 12. UNITS AND RANKS IN THE SERVICE Regulation 15. etc. Servicemen's monthly allowance Record of servicemen Proportion of monthly total earning prescribed under section 5 Registrar's duty to notify the Commander of the Home Guard PART VII BRANCHES. 13.

discharge or retirement Housing Leave Travel benefits Medical treatment Seconded members PART X PREPARATION OF A CHARGE SHEET 27. Joinder of two or more accused in one charge Procedure rules in dealing with charges summarily PART XI TRIAL PROCEDURE 31. 25.PART IX STAFF REGULATIONS 19. 30. 22. 23. 26. Trial procedure PART XII ADVISORY COMMITTEE . 24. Provisions applicable to offences under Part IX of the Act 28. Offences to be specified in charge sheet with necessary particulars 29. Probation period Salary scale Resignation. 21. 20.

121 . These Regulations may be cited as the National Service (General) Regulations. Composition of Advisory Committee FIRST SCHEDULE-Institutions prescribed by the Minister for the purpose of paragraph (c) of the Second Schedule to the Act SECOND SCHEDULE-Enlistment notice THIRD SCHEDULE-Application for a postponement certificate or renewal thereof FOURTH SCHEDULE-Appeal to the Minister FIFTH SCHEDULE-Charge sheet SIXTH SCHEDULE-Record sheet of offences NATIONAL SERVICE (GENERAL) REGULATIONS SECTION 50-THE NATIONAL SERVICE (GENERAL) REGULATIONS Regulations by the Minister Statutory Instrument 2 of 1973 128 of 1985 PART I PRELIMINARY 1. "Hardship Committee" means the National Service Hardship Committee appointed under section twelve of the Act. In these Regulations. unless the context otherwise requires"Act" means the Zambia National Service Act. 2.Regulation 32. Title Interpretation Cap.

"register" means the National Service register required to be kept by the Registrar under the provisions of section eight of the Act. of persons liable under the Act to be called up for the Service. (4) The heads of Secondary Schools shall furnish to the Registrar the names of. the students leaving such schools after completing Form V or its equivalent. (3) A citizen who wishes to be enlisted voluntarily under the provisions of subsection (1) of section five of the Act shall furnish to the office of the District Executive Secretary of the District in which he resides."Service" means the Zambia National Service established under section three of the Act. . as he Service register may deem necessary. (5) The institutions mentioned in the First Schedule hereto are hereby prescribed for the purposes of paragraph (c) of the Second Schedule to the Act. his names and such other particulars as may be required for entering the same in the register. (2) A person who becomes liable to be called upon to serve in the Service shall within three months of his so becoming liable report in person to the District Executive Secretary of the District in which he resides and furnish his names and such other particulars as may be required for entering the same in the register. PART II REGISTRATION 3. (1) The Registrar shall keep a National Service register and shall National cause to be entered therein the names and such other particulars. and such other particulars as may be required by the Registrar relating to.

(2) The enlistment notice shall be in the form prescribed in the Second Schedule hereto and shall be issued not less than one month before the person is called up for the Service. such cheapest bus or train fare. as he may have actually paid. 5. the students on the list of students receiving bursaries and studying outside Zambia. in the form prescribed in the Third Schedule. (1) The Registrar may cause to be served on any person who is liable Enlistment to be called up for the Service under the Act a written notice (hereinafter notice called "enlistment notice"). (1) Any person upon whom an enlistment notice has been served or Postponement his employer may apply to the Hardship Committee for a postponement certificate certificate or a renewal of postponement certificate. the students attending the University or institutions mentioned in the First Schedule hereto. from his usual place of residence to the place where he is required to present himself. (2) In determining an application for the grant or renewal of a .(6) The Registrar of the University of Zambia and the heads of the institutions mentioned in the First Schedule hereto shall furnish to the Registrar the names of. (3) In a case where transport is not provided by the Service. and such other particulars as may be required by the Registrar relating to. PART III ENLISTMENT NOTICE 4. as the case may be. (7) The Secretary of the Bursaries Committee of the Government and the Director of Civil Service Training shall furnish to the Registrar the names of. and such other particulars as may be required by the Registrar relating to. there shall be paid to a person required to present himself in accordance with an enlistment notice served upon him.

(5) If the District Executive Secretary is absent at any meeting of a Hardship Committee. (4) At any meeting of a Hardship Committee. Appeal to the Minister 6. National Service Hardship Committees (2) A Hardship Committee shall consist of the District Executive Secretary who shall be the Chairman of the Committee and three other members appointed by the Minister on the recommendation of the Cabinet Minister for the Province.postponement certificate regard shall be had to such matters as may be mentioned in the application. the members present shall elect one of them as Chairman of the meeting. A person aggrieved by the determination of a Hardship Committee may appeal to the Minister in the form prescribed in the Fourth Schedule hereto. (3) A Hardship Committee shall meet as often as the Chairman considers necessary for the disposal of applications for postponement certificates or renewals thereof: Provided that it shall meet not less than three times in a year. . three members shall constitute a quorum. PART IV NATIONAL SERVICE HARDSHIP COMMITTEES 7. (1) A Hardship Committee shall be established in each district of Zambia.

(7) The Assistant District Executive Secretary of the District for which a Hardship Committee is established shall be the Secretary of the Hardship Committee. PART V TRAINING IN SERVICE 8. or physically handicapped. shall during the period of any of the disabilities mentioned in paragraphs (a) to (d). (9) A person who is(a) (b) (c) (d) mentally ill.(6) Each member of a Hardship Committee shall have one vote at any meeting of the Committee and the Chairman shall have a casting vote in addition to a deliberate vote. or blind. Training that is to sayTraining . be exempt from liability under the Act to be called up for the Service. or serving a sentence of imprisonment or is in detention. (8) An application for a postponement certificate or for a renewal thereof shall be sent to the office of the District Secretary. but he shall not be considered a member of the Hardship Committee. (1) The Service may offer to the Servicemen the following training.

political education. Deputy Ministers. and (f) any other training which the Commandant may consider necessary. (b) and (e) of sub-regulation (1) shall be given to all Servicemen. (2) Training mentioned in paragraphs (a). training in culture of Zambia. Councillors of a council as defined in the Local Government Cap. 9. . (1) A leadership course of thirty days shall be organised and run by the Service. Cabinet Ministers.(a) (b) (c) (d) (e) military training. (2) The following classes of persons shall be eligible to join a leadership course: (a) (b) (c) (d) (e) (f) Act. 281 Leadership course (g) Heads of the instutions mentioned in the First Schedule hereto and heads of all secondary schools in Zambia. training in agriculture. Members of the National Assembly. Public officers of and above the rank of Assistant Secretary. training in trades and skills. District Executive Secretaries.

or before he first presents himself pursuant to an enlistment notice. name. or body of persons in consultation with the Commandant. progress report. corporate or unincorporate in which the Government holds. A Serviceman shall be deemed not to be serving with the Service during any period(a) (b) (c) when he is serving a sentence of imprisonment.(h) such senior members of the staff of any company or association or body of persons. address and other particulars. 12. any shares or any other interest as may be nominated by such company or association. Servicemen's monthly allowance Record of Servicemen . There shall be paid to a Serviceman who is not in receipt of any other income for or during the period he spends with the Service a monthly allowance of K6. (3) The Commandant shall in consultation with the persons mentioned in sub-regulation (2) make arrangements for them to attend the leadership course mentioned in sub-regulation (1) at such places and times as may be found mutually convenient. or when he is absent without leave. leave of absence. (1) There shall be maintained in the register a record of every Serviceman as follows: (a) (b) (c) (d) a photograph with his signature endorsed on it. 10. directly or indirectly. Period not counted as service PART VI GENERAL PROVISIONS 11.

Proportion of monthly total earning prescribed under section 5 (4) Registrar's duty to notify the Commander of the Home Guard 14. (1) The Service shall have the following branches at its Headquarters: Branches and units of the Service (a) (b) the Administrative Branch. and such other particulars as the Commander may require of.(e) (f) (g) sick leave. character. (b) or (c) of subsection (3) of section five of the Act. all Servicemen who complete their engagement with the Service under the provisions of subsection (2) or paragraph (a). The Registrar shall provide in writing the Commander of the Home Guard with the names of. and distinction obtained. CAMPS. the Training Branch. he shall be issued with a certificate to that effect. (2) When a Serviceman completes satisfactorily his period of service in accordance with the provisions of the Act. PART VII BRANCHES. The proportion of monthly total earning which a member is required to pay the Service under subsection (4) of section five of the Act is ten per centum of his monthly total earning. . 13. UNITS AND RANKS IN THE SERVICE 15.

the National Service Production Camp. . the Administrative Unit. the Agricultural Unit. the Administrative Unit. and the Cultural Unit.(c) (d) (e) the Political Education Branch. (3) The National Service Training Camp shall be divided into the following units: (a) (b) (c) (d) (e) the Military Training Unit. (2) The Service shall operate the following camps: (a) (b) the National Service Training Camp. the Development Branch. and the Finance Branch. the Skills Training Unit. the Cultural Unit. (4) The National Service Production Camp shall be divided into the following units: (a) (b) (c) (d) the Agricultural Unit. and the Operational Unit.

Junior Master. (3) Appointments. promotion or demotion of an officer of the Service to a rank of Chief Prefect or below shall be made by the Minister on the recommendation of the Commandant. Master. Assistant Master. Prefect. Assistant Prefect.16. Senior Master. Others: Ranks in the Service Serviceman. PART VIII UNIFORMS. Assistant Senior Master. (1) Ranks in the Service shall be as follows and the relative seniority of a rank shall be in the order in which it is mentioned herein: (a) (i) (ii) (iii) (iv) (v) (vi) (vii) (b) (i) (ii) (iii) (iv) (c) Commissioned Officers: the Commandant. Cadet Prefect. the Chief Master. (2) Appointments. Non-Commissioned Officers: Chief Prefect. WEAPONS AND . promotion or demotion of an officer of the Service to a rank mentioned in paragraph (a) of sub-regulation (1) shall be made by the President on the advice of the Minister.

weapons. (1) The Commandant may issue to Servicemen uniforms. weapons and other things issued to him by the Service or any person on behalf of the Service. PART IX STAFF REGULATIONS 19. In these Regulations unless the context otherwise requires "uniform" means the dress for a class of Servicemen. (4) A Serviceman shall be issued with an identity card bearing his photograph. Interpretation 18. a Serviceman shall deliver to such person or authority as his superior officer directs him all uniforms. approved by the Zambia National Service Advisory Committee. (2) The minimum probation period for any Serviceman to be served will be six months from the date on which the Serviceman takes up his duty on first appointment. (2) A Serviceman shall wear uniform at all times except(a) on public holidays or when on leave of absence. (b) when he is permitted or required by his superior officer to wear clothes other than uniform. Probation period . weapons Uniforms. (1) Every person who is appointed to a post in the permanent staff of the Service and not engaged on a temporary basis will be appointed initially on probation.OTHER MILITARY STORES 17. (3) On termination of his engagement with the Service. etc. and other necessary articles for the due discharge of their duties.

(3) After completing the period of six months' probation. (5) On termination of appointment of a Serviceman. a payment equivalent to the salary for the notice period may be paid. a Serviceman shall be given a certificate of service by the . dismiss or retire a Serviceman on giving(a) (b in the case of an established Serviceman. (2) A Serviceman may resign after giving(a) (b) in the case of an established Serviceman. one month's notice. or in the case of a Serviceman on probation. a Serviceman shall be considered an established Serviceman. in consultation with the Zambia National Service Salary scale Advisory Committee may determine from time to time the salary scale applicable to Servicemen. or in the case of a Serviceman on probation. (4) On confirmation. 21. two month's notice. (4) In lieu of giving due notice under sub-regulation (1) or (2). (2) The annual increment in the salary of a Serviceman will be dependent on a satisfactory report of his superior officer. 20. one months' notice. (1) A Serviceman shall not resign or be retired or discharged without due notice or payment of salary in lieu thereof as prescribed in this regulation. Resignation. two months' notice. other than by way of dismissal. (1) The Minister. discharge or retirement (3) The Service may discharge. a Serviceman whose service has been satisfactory will be confirmed in his appointment on a direction of the Commandant to that effect.

whether on leave or otherwise. (2) A Serviceman who is absent from his station. Non-Commissioned Officers 212 days. he shall pay(a) any water charges that becomes payable in excess of K6 per month. and (b) any electricity charges that becomes payable in excess of K10 per month. (3) Where a Serviceman uses water and electricity at his living quarters.Commandant. Leave Housing (c) any Serviceman other than those mentioned in paragraphs (a) and (b) 112 days. (1) Subject to the exigencies of the Service a Serviceman will qualify for leave at the following rates for each month of qualifying service: (a) (b) Commissioned Officers 3 days. (2) Leave may not be accumulated in excess of(a) (b) in the case of a Commissioned Officer 210 days. 23. (1) A Serviceman may be provided with free living quarters. in any other case 150 days: Provided that where a Serviceman applies for leave and his application is not approved because of the needs of the Service. he may be permitted to accumulate leave in excess of the limits prescribed in paragraph (a) or . 22. may retain his living quarters for such period as the Commandant or a person authorised by him may direct.

Subsequent periods of qualifying service will begin on the day he returns to duty after each period of leave of thirty days or more. attends a course of study at his own request. (c) when due to illness or injury he is confined to his house or to a hospital or similar institution for a period not less than fourteen days whilst on leave. (4) For the purpose of this regulation. (b) if he has had dental treatment. as the case may be. qualifying service means time spent on duty or on sick leave with full pay.(b). (7) A Serviceman shall without undue delay inform his superior officer of his being unable to perform his duties because of illness or injury. A Serviceman's first period of qualifying service will begin on the day he takes up duty. (3) A Serviceman who has been granted leave may be required to return before his leave period expires if the Commandant so directs. (8) Study leave may be granted to a Serviceman who(a) (b) is nominated by the Service to attend a course of study. (5) A Serviceman may be granted sick leave(a) (i) and when he is ill or injured ifthe illness or injury prevents him from carrying out his duties. with the approval of . (6) A Serviceman may be granted not more than 180 days sick leave on full salary and 180 days sick leave on half salary in any period of two years ending on the final day of the sick leave granted him. (ii) the illness or injury was not caused by his own conduct or by his failure to take reasonable precautions.

(13) Notwithstanding the provisions of sub-regulation (1). for sitting an examination. (10) A Serviceman proceeding on leave for thirty days or more shall be entitled to travel benefits for himself. attending court when required to do so. also. (15) A married woman in the Service shall be entitled to a paid maternity leave of ninety days. if he chooses. wife and dependants under the age of eighteen years. if any. or (c) is granted a bursary or other award to follow a course of study.the Service which approval will be given if it appears that the additional training or qualification which the Serviceman will obtain is of value to the Service. (14) Casual leave on full pay may be granted to a Serviceman(a) (b) (c) for the purpose of attending to domestic problems. . the Commandant may authorise commutation of leave for cash in the case of a Serviceman who could not be granted leave for thirty days or more due to exigency of the Service. (9) If paid study leave is granted to a Serviceman in receipt of a bursary or other award. his salary for the study period will be reduced by an amount equivalent to the value of the bursary or other award. (11) A Serviceman who goes on not less than thirty days leave may. (12) When a Serviceman commutes leave for cash the commutation payment will be calculated at the full rate of his salary as on the first day of his leave. commute for cash not less than thirty days nor more than eighty days of his remaining accumulated leave.

. K20 . Rate . .. . . (1) A Serviceman shall be eligible for free transport for himself.. K40 (4) A Serviceman shall be paid a subsistence allowance of K8 per day when he is out of the station on duty. for reasons other than disciplinary reasons.. . when he travels from home to his station either on vacation leave or on retirement as follows: Rail (a) Serviceman whose annual salary is more than K2. 2. his Travel benefits wife and children under the age of eighteen years. . .900 (b) Serviceman whose annual salary is less than K2. (5) A Serviceman who is acting in any rank of or above an Assistant Master shall be eligible to receive an acting allowance if he acts for .900 First Class Second Class Motor Bus First Class Second Class (2) The maximum free transport of baggage of a Serviceman travelling from his home to station on first appointment.. from one station to another station at the following rates: Serviceman Single Married .24. (3) An upset allowance shall be paid to a Serviceman who is transferred. from station to station on transfer and from station to his home on retirement or on vacation leave shall be as follows: Commissioned Officer ..000 kg Non-Commissioned Officer .500 kg 1....... .

(4) Where a seconded person intends to apply for a permanent post in the Service. (3) An allowance given to a seconded person under the provisions of sub-regulation (2) shall not be counted for the purposes of pension or gratuity applicable to such seconded person under the rules of the Civil or military service of the Republic from which he is seconded. that the Government or Mission Hospital is not in a position to provide the medical or dental treatment required by a Serviceman. the Service may provide transport or pay the actual cost of the journey to the Serviceman for the travel from the station to the nearest hospital. . the person seconded from the Civil or military service of the Republic shall be entitled to an allowance equivalent to the difference between the salary he would have received if he were not seconded and the salary of the post in which he is serving with the Service. if such salary is higher than the salary he would have received if he were not seconded. (5) Where a seconded person occupies his own house he will continue to receive housing allowance at the rate at which he would have got if he were not seconded. he shall receive from his parent organisation the salary he would have received if he were not seconded. the acting allowance shall be the difference between such Serviceman's salary and the salary of the post in which he is acting. he shall submit his application to the Commandant who shall transmit it to the appropriate authority with his comments thereon. (1) Where a person who is in the Civil or military service of the Seconded members Republic is seconded to the Service. 25. on the recommendation of a medical practitioner.thirty days or more. he shall authorise a payment of the whole or part of any charges actually incurred for such treatment elsewhere. where Medical a Serviceman or his dependant has to travel from his station to the treatment hospital. (2) Where the Commandant is satisfied. (2) In addition to the salary mentioned in sub-regulation (1). (1) A Serviceman shall get medical treatment free of charge. 26.

or for any other reason it is desirable to direct that any person so charged should be tried separately for any one or more offences charged in a . rank and unit of the accused person. Provisions applicable to offences under Part IX of the Act 28. a series of offences of the same or similar character.PART X PREPARATION OF A CHARGE SHEET 27. or at any stage of a trial the tribunal is of the opinion that the accused may be embarrassed in his defence by reason of being charged with more than one offence in the same charge sheet. before trial. The provisions of Part X and Part XI shall apply to offences specified under Part IX of the Act. (5) Where. (3) Any offences under Part IX of the Act may be charged together in the same charge sheet if the offences charged are found on the same facts or form or are a part of. together with such particulars as may be necessary for giving reasonable information as to the nature of the offence charged. a statement of the specific offence or offences with which the accused person is charged. The charge sheet shall in its layout follow with appropriate amendment the illustrations set out in the Fifth Schedule hereto. (4) Where more than one offence is charged in a charge sheet. a description of each offence so charged shall be set out in a separate paragraph of the charge. Offences to be specified in charge sheet with necessary particulars (2) The charge sheet shall also contain the name. (1) Every charge shall contain and shall be sufficient if it contains.

(c) persons accused of different offences committed. and any Serviceman accused of any offence thereunder must be informed of the charges against him within forty-eight hours by his superior officer. it shall be necessary to accompany it with the Form Z specified in the Fifth Schedule hereto.charge. Joinder of two or more accused in one charge 29. is likely to remain in custody for a period longer than forty-eight hours without being brought before an appropriate tribunal a report on the necessity of keeping the Serviceman in further custody shall be made forthwith to the Commandant by the Commanding Officer of the Serviceman. the tribunal may order a separate trial of any count or counts of such charge. (5) When transmitting the record of proceedings to the Commandant as required by the Act. having been taken into custody. in the course of the same transaction. Procedure rules in dealing with charges summarily Cap. (3) Any conviction of a Serviceman shall be recorded in the Serviceman's Record Sheet of Offences as well as the Minor Offence Book in the forms prescribed in the Sixth Schedule hereto. 30. 1971. (b) persons accused of an offence and persons accused of abetment. 121 (2) Wherever any person subject to the Zambia National Service Act. The following persons may be joined in one charge and may be tried together. (4) At any trial of a Serviceman. namely(a) persons accused of the same offence committed in the course of the same transaction. or of an attempt to commit such offence. (1) Any infringement of the provisions of Part IX of the Act dealing with discipline in the Service must be dealt with promptly. the Serviceman's Record Sheet of Offences. PART XI . there shall be produced the Minor Offence Book and if required.

give evidence orally. PART XII . (1) After the charge sheet has been prepared by the officer preparing the charge and handed over to the Commanding Officer. (4) After the conclusion of the evidence. (5) If the accused pleads guilty or is found guilty. (3) The accused shall then be asked whether he pleads "guilty" or "not guilty". Trial procedure (d) the accused may call witnesses in his defence.TRIAL PROCEDURE 31. on his own behalf. he shall be permitted to give a plea in mitigation or bring character witnesses. (b) the accused shall be allowed to cross-examine any prosecution witness. the accused will be marched in with an escort of an equal rank. appropriate tribunal or Commandant. Where an accused pleads "not guilty"(a) each prosecution witness shall give his evidence orally in the presence of the accused or a written statement made by the witness shall be read out to the accused: Provided that a written statement of a prosecution witness shall not be used if the accused requires that the witness shall give his evidence orally. (2) The charge or charges will be read out and explained to the accused. the evidence shall be weighed and a finding of guilty or not guilty shall be entered. who shall give their evidence orally and in his presence. (c) the accused may.

No. Natural Resources Development College 5. (3) The quorum at any meeting of the Advisory Committee shall be the Chairman and three members or in the absence of the Chairman any four members. Evelyn Hone College of Applied Arts and Commence 7.ADVISORY COMMITTEE 32. (As amended by S. Lukashya Trades Training Institute-Kasama 10. Lusaka Trades Training Institute 8. National Institute of Public Administration 4. (ii) Luanshya . Advisory Committee (2) The Secretary of the Advisory Committee will be the Permanent Secretary of the Ministry responsible for the services who shall convene the meetings of the Advisory Committee and take minutes of the proceedings of every such meeting so convened.I. Livingstone Trades Training Institute 9. All Medical Training Institutions in Zambia 3. Northern Technical College-Ndola 11. All Teachers' Training Colleges in Zambia 2. 128 of 1985) FIRST SCHEDULE (Regulation 3 (5)) INSTITUTIONS PRESCRIBED BY THE MINISTER FOR THE PURPOSE OF PARAGRAPH (C) OF THE SECOND SCHEDULE TO THE ACT 1. (1) The Advisory Committee shall consist of members who shall all Composition of be appointed in writing by His Excellency the President. Zambia Institute of Technology: (i) Kitwe. National College of Management and Development Studies 6.

Monze College of Agriculture . Mansa Trades Training Institute 13. Choma Trades Training Institute 14.12. Nkumbi International College-Kabwe 15.

.............. Address ............................................................ ........... Zambia National Service * Strike out whichever is not applicable................................................................................................................................... (Name of authority) (b) at .................. 19.................................. NOTE-This enlistment is of no effect if(a) a postponement certificate relating to you is in force.... (b) any application or appeal by you under section 12 is pending..... ........ You are liable to be called up under the provisions of section 7 (1) or 5 (1)* and you are hereby called up for Service and are required to present yourself: (a) To ............................................................................................................................................................................... day of ......................................................................................................................................................................................... ........................................................ ............................................ ........................ Registrar.......................................................................... ................... ............. (Date and time) Dated this ............SECOND SCHEDULE (Regulation 4 (2)) ENLISTMENT NOTICE (Under Section 11) To ............................................................................... (Place) (c) on .......................... at ....................................................................... .................. ......................

................................................................................................................. ....................................................... .......................................... I hereby apply for postponement of my or my employee's liability to be called up for the Service on the grounds mentioned herein...................................... ................ (e) any other ground..THIRD SCHEDULE (Regulation 5 (1)) APPLICATION FOR A POSTPONEMENT CERTIFICATE OR RENEWAL THEREOF National Service Hardship Committee Name and address of person on whom enlistment notice is served .................................................... Name and address of applicant .......................... ................................................................................................................................................................................... ......................................................................................... ......................................................... .............................................................................. (d) commitment to business or other urgent duties.................... Date of postponement certificate (if applicable) .... ...................................... (b) domestic problems.......................................... and details of the grounds are as follows: .. ..................................................................................... .......................................... ............................. .......................................................... Date of enlistment notice ................................................................................................................................ .................................................................................................. ............................................................................................................. (c) academic or professional examination............................... ................................................................................... ...... *Grounds of application: (a) medical reasons...... .................................................... .............................................................

........................ ....... 19.... ..............Dated this . ................................... Signature of Applicant * Delete whichever is not applicable.............................................................................. day of .................................................

............................ ........................................................................................................... 19............................................................................................................ .................................................................................................................................................... Lusaka Applicant's name ........................................................................................... ..................................................... ........................................................................................... I hereby appeal against the determination of *my application for a postponement certificate or my application for renewal of postponement certificate by the National Service Hardship Committee on the following grounds: (a) .................................................. Dated this ............. ............ ......................................... ......................................... ...FOURTH SCHEDULE (Regulation 6) APPEAL TO THE MINISTER The Minister of ............................................................................................ ................................................................................................. (b) ...................................... 2..................... ................................................................. Signature of Applicant * Delete whichever is not applicable....................................................... ............................................................................................................................................................................................................................................................................... (d) .......................................... Ministry of................... .......................... Applicant's address .... (c) ........... I also refer to my original application which contains the grounds for making such application.................... ........................................................... day of ............

...................................................................................................................................................................................................................................................................... ......................... .......................................................................................................................................................... .......................................................................................................................................................................................... .................................................................................................................................................................................................................................................. Time and place of offence: Time ........................... .............. .............. Rank .................................................................................................. .......................... .......................... Unit ..................................... ............................................................................... .......................................................................................................................................................................FIFTH SCHEDULE (Regulation 28 (2)) CHARGE SHEET The accused....... Nature and particulars of the offence.......................................... .................................................... ......................... No................................ ................. Place . .............................................................. ............................................................. ..................... ............................................................................................................................................................................. . Number Name Rank Unit ....................... Date ................................... Name ............................................................................ ......................................... .................................................................

Kafue 1st December.................................. 1971...........Award Reviewing Authority President.................. Member ........................ Member ................................... 171 Master Verod Mwanga.... a Non-Commissioned Officer is charged with1st Charge DISOBEDIENCE TO ORDERS CONTRARY TO SECTION 29 (1) (a) of the ZAMBIA NATIONAL SERVICE ACT............................................................ at approximately 0915 hours when asked by No........................ Member ..... Kafue Military Training Camp... the Zambia National Service..... 1971 To be tried by appropriate Tribunal or Commandant.... name and rank replied "Buzz off you stupid idiot" or words to that effect..... 1971........... 731 Prefect Jack Mule......... No............ Date ................... Kafue Military Training Camp...... 1971 in that he at Kafue Military Training Camp on 1st December.. ILLUSTRATION OF A CHARGE SHEET The accused... the Zambia National Service............ 124 Assistant Master Paul Banda. for his number................ 1971 in that he at Kafue Military Training Camp on 1st December.............. to take defaulters for extra drill refused to comply and did not do so.............. 2nd Charge USING INSUBORDINATE LANGUAGE TO A SUPERIOR OFFICER CONTRARY TO SECTION 29 (1) (B) (I) OF THE ZAMBIA NATIONAL SERVICE ACT............... Member ..... the Zambia National Service...... ............................................................................... at approximately 0915 hours when verbally ordered by No...... Kafue Military Training Camp..................

.

. .................................................................................................................................................. State whether accused was*Confined In Guardroom Suspended Application for trial (a) Date ........................... Rank ................................................................................ ...................................... .......................................... ...................................................................................................................... ............................................................. ...................................................................................... Date of submission ........................ ............................................................................. .............. .......................................... ............................................................. .......................................... .. ................................................................................................................................................. Date of first trial by Commanding Officer ........................................................................................ ...............Form Z COMMANDING OFFICER TO TRIBUNAL (Regulation (30) (5)) To ..................................................... .................................................................................................................................................................................................................................................... ... (b) Reason .................................................................................................................................................................................................. ............................................................................................................................................................... ......................................................................................................................................... ............................................................. Place of trial .......................................................................................... ................................................................................................................. No.............................................................................. Alleged offence ................. ........................... .............. Name of accused .............................

.................... ....... ............ ......................................... ...................................................................... Signature of Commanding Officer N................................ Unit ................................................ ................................ Rank ............................................................................................................................ ............................................................................................. ........................................................................-To be signed personally by the Commanding Officer............... 19...............................................................Expected date of trial by tribunal .................. .............................. ...................... ..................................................................................................................................................................................................................................................................................................... .............. .....................B........................................................ ......................................................................................................................................... ............................................... ............... * Delete whichever is not applicable.............................................. .......................................................................................... ........................................ No.................................................. was committed to this appropriate tribunal on . .................................... ............................................................................................... 19............... TO COMMANDANT The appropriate tribunal declares that............................................................................... .......................................... Name .......................................................................................................................................................... ............................................. Fixed as............................................................................................ ................................................................... .................................................................. ................................................................................................................................................................................................................................................... for trial on the following offence(s)................................ ......... ............................................................................................................................................................................................................................................................................. .......

........................ Signatures .......................................... Date .... ............. .... ............................................................................................................................... ................................................................ .................... Verdict by appropriate tribunal ........................... Place ............................................................. President Member Member Member ........................................................................................................................ ......................................................................... ....................................................... .... ..................................................................................... .......................................................................................................................................................................................................................................................................................................... ......................................................................................................

............. Rank .....SIXTH SCHEDULE (Regulation 30 (3)) ZAMBIA NATIONAL SERVICE RECORD SHEET OF OFFENCES Service Number .................... SPECIMEN OF A MINOR OFFENCE BOOK Signature and date of the Reviewing Officer Serial No..................................... day of ........................................ No.......... 19.... rank and name of the accused Offence Witnesses Verdict Award ............................................ Names ............................ Unit....... Description of Reviewing Authority Date Charges on which convicted Award Awards on review or consideration I hereby certify that this Form and Schedule contains a summary of entries as can be found in the Minor Offence Book... Serial No..................... Signed this ....................

as if service in the Zambia National Service were service in the Regular Force. Statutory Instrument 99 of 1976 Title 2. 2. Exemption from service SCHEDULE . This Order may be cited as the Zambia National Service (Obligatory Title Service) (Exemption) Order. These Regulations may be called the Zambia National Service (Pensions) (Application) Regulations. SECTION 16-THE ZAMBIA NATIONAL SERVICE (ZAMBIA COMBINED CADET FORCE) (EXEMPTION) ORDER Order by the Minister 1. Statutory Instruments 137 of 1975 Title and commencement 2. There shall be exempt from liability under the Act to be called upon Exemption to serve in the Service any person belonging to the Zambia Combined Cadet Force who has completed an academic year in Form V and has passed Parts II and III of the Zambia Combined Cadet Force training.SECTION 48-THE ZAMBIA NATIONAL SERVICE (PENSIONS) (APPLICATION) REGULATIONS Regulations by the President 1. 106 in the service of the Regular Force. 1975. and shall come into operation on the 1st June. 1975. SECTION 16 AND 50-THE ZAMBIA SERVICE (OBLIGATORY SERVICE) (EXEMPTION) ORDER Order by the Minister Statutory Instruments 47 of 1981 1. 1976. all Servicemen of the Zambia National Service as they apply to persons Cap. This Order may be cited as the Zambia National Service (Zambia Combined Cadet Force) (Exemption) Order. The persons specified in the Schedule hereto are exempted from liability to serve in the Service. The Defence (Regular Force) (Pensions) Regulations shall apply to Application.

ENLISTMENT. 2. Establishment of the Home Guard Supreme command of the Home Guard Command of the Home Guard Functions of the Home Guard Duties of members of the Home Guard PART III MEMBERS. ATTESTATION. Short title Interpretation PART II ESTABLISHMENT OF THE HOME GUARD AND ITS COMMAND AND FUNCTIONS 3.(Paragraph 2) 1. 5. 7. 8. 6. 4. All female persons serving at National Service Production Camps CHAPTER 122 THE HOME GUARD ACT ARRANGEMENT OF SECTIONS PART I PRELIMINARY Section 1. All female persons serving at National Service Training Camps 2. ETC. Composition of the Home Guard .

DISCHARGE. 19. 20. Guard Failure to attend on embodiment Failure to fulfil training obligation Person causing disaffection amongst members of the Home PART VII . TRAINING. 24.9. 12. 21. Home Guard Probing Committee PART V ALLOWANCE. 18. Force 10. 13. 11. Members of the Home Guard to be members of the Defence Eligibility for enlistment Recruiting officer Enlistment Validity of attestation and enlistment False answers in attestation papers 15. Section 17. Allowance Training Embodiment Discharge Postponement of discharge PART VI DISCIPLINE 22. 14. 23. ETC. Prohibition of non-citizens from enlisting or serving in the Home Guard PART IV HOME GUARD PROBING COMMITTEE 16.

Transitional provisions Expenditure Power to prosecute under other law not affected PART VIII EMPLOYER'S OBLIGATION 29. 28. maintenance.MISCELLANEOUS 25. 33. Regulations PART X APPLICATION OF THE DEFENCE ACT TO THE HOME GUARD 31. Membership of the Home Guard not a disqualification for membership of the National Assembly 26. discipline . 27. 32. Employer's obligation PART IX REGULATIONS 30. Application of the Defence Act (Had its effect) Dissolution of the Territorial Force SCHEDULE-Declaration CHAPTER 122 HOME GUARD 32 of 1971 13 of 1994 An Act to make provision for the establishment.

This Act may be cited as the Home Guard Act. 106 "Army" means the Regular Force of the Army referred to in subsection Cap. in relation to any person. "member" means a guardsman or an officer. unless the context otherwise requires- . 106 of the Defence Act. means the officer for the time being commanding the unit. and to provide for matters incidental thereto or connected therewith. "officer" means an officer of the Home Guard appointed as such by the President. 1972] PART I PRELIMINARY 1. sub-unit. "Defence Force" shall have the meaning assigned thereto in section two of the Defence Act. (1) In this Act. branch or detachment of the Home Guard to which the guardsman belongs or is attached. means the date on which he is attested in accordance with the provisions of this Act. 106 Cap. 106 2. "citizen" means a citizen of Zambia. "guardsman" means a member of the Home Guard other than an officer. and "sub-unit". "Commander" means the Commander of the Home Guard. "commanding officer". [21st January. "unit" means a body of the Home Guard declared to be a unit by the Commander. "branch" and "detachment" shall be construed accordingly. 121 (1) of section four of the Defence Act. (2) For the purposes of this Act and the Defence Act as applied to the Home GuardCap. in relation to a guardsman. "serviceman" shall have the meaning assigned to it in section two of the Zambia National Service Act. "date of attestation". Short title Interpretation "active service" shall have the meaning assigned thereto in section three Cap.and administration of the Home Guard. Cap.

Command of the Home Guard (2) The Commander shall. The supreme command of the Home Guard shall vest in the President Supreme command of the and he shall hold the office of the Commander-in-Chief of the Home Home Guard Guard. (3) The Commander may. There is hereby established a force to be known as the Home Guard Establishment (in this Act referred to as "the Home Guard"). from time to time make standing orders for the general management of the members of the Home Guard in relation to their training. discipline and good management of the Home Guard. of the Home Guard 4. have the command. . (1) The President may appoint a suitable person as Commander of the Home Guard (hereinafter called "the Commander"). classification of duties. (b) the period during which the whole or a part of the Home Guard is employed under order of the President under section nineteen shall be deemed to begin as soon as the order is made. clothing and equipment. PART II ESTABLISHMENT OF THE HOME GUARD AND ITS COMMAND AND FUNCTIONS 3. subject to the general instructions of the Minister and to the provisions of this Act. as well as their distribution and inspection. subject to the provisions of this Act and subject to the orders and directions of the Minister. direction and control of the Home Guard. 5. places of residence. and such other orders and instructions as he may deem expedient for preventing neglect and for promoting efficiency. arms and accoutrement. superintendence.(a) a reference to being on duty shall be construed as a reference to being present for the purpose of performing any duty required in accordance with the provisions of this Act.

The functions of the Home Guard shall be the defence of the Republic and the maintenance of public order and public safety. 8. functions and powers (other than the power of delegation) as he may from time to time deem expedient. ATTESTATION. (b) obey and execute promptly all orders lawfully issued to him by the officers senior to or placed in command over him. (1) The Home Guard shall consist of such number of officers and guardsmen as may from time to time be determined by the President. ETC. 106 liable to proceedings for an offence under section seventy-three of the Defence Act (which provides for the punishment under military law of civil offences). ENLISTMENT. and during any period when the President has ordered employment of the whole or any part of the Home Guard under the provisions of section nineteen.(4) The Commander may delegate to any officer such duties. a member of the Defence Force(a) (b) if serving as an officer in the Home Guard. 9. and otherwise as a soldier: Members of the Home Guard to be members of the Defence Force Provided that this section shall not render a member of the Home Guard Cap. Every member of the Home Guard shall. as an officer. elsewhere. Every member of the Home Guard shallFunctions of the Home Guard Duties of members of the Home Guard (a) perform such duties and carry out such training as may be directed by the officers senior to or placed in command over him. 7. when on duty. in so far as is herein provided. 6. as far as may be. PART III MEMBERS. be subject to military law and shall be deemed. Composition of the Home Guard (2) All the officers and guardsmen shall be liable to serve in any part of Zambia and. .

he shall be deemed to have been validly enlisted. (1) A person offering to enlist in the Home Guard shall be given a Enlistment notice in the prescribed form setting out the questions to be answered on attestation and stating such other things as may be prescribed. (1) When a person has made the declaration set out in the Schedule Validity of upon his attestationattestation and enlistment (a) the validity of his enlistment shall not be called in question on the ground of any error or omission in his attestation paper. (2) A person on joining the Home Guard shall make the declaration set out in the Schedule. and wishes to be enlisted. .10. (b) after the expiration of a period of three months from the date on which he made the said declaration. enlistment (2) A citizen to whom the provisions of subsection (5) of section five of Cap. (1) A citizen aged between eighteen and forty-five years may enlist Eligibility for in the Home Guard. and he shall be deemed to be a member of the Home Guard until his discharge. 11. 121 the Zambia National Service Act apply shall enlist in the Home Guard. understands it. notwithstanding any non-compliance with the requirements of this Act or any regulations made thereunder as to enlistment or attestation or any other ground whatsoever (not being an error or omission in his attestation paper). Any person authorised in that behalf by the Commander (hereinafter referred to as "a recruiting officer") may enlist recruits in the Home Guard in the prescribed manner. (3) The term for which a person may be enlisted in the Home Guard shall be such term commencing with the date of his attestation as may be prescribed. 13. Recruiting officer 12. and a recruiting officer shall not enlist any person in the Home Guard unless satisfied by that person that he has been given such a notice.

without having previously made the declaration set out in the Schedule(a) he shall be deemed to be a member of the Home Guard until discharged. (b) he may claim his discharge at any time. 14. the recruiting officer. he shall commit an offence against this section and shall be liable on conviction to a fine not exceeding one thousand penalty units or to imprisonment for a term not exceeding three months. 13 of 1994) (2) For the avoidance of doubt. or to both. it is hereby declared that a person may Cap. if the claim is well founded. if he makes such claim. or by papers the direction of. cause him to be discharged with all convenient speed. (1) If a person appearing before a recruiting officer for the purposes False answers of being enlisted in the Home Guard knowingly makes a false answer to in attestation any question contained in the attestation paper and put to him by. including transport fares. 15. he shall be guilty of an offence and shall be liable on conviction to a fine not exceeding one thousand penalty units or to imprisonment for a term . 106 be proceeded against under this section notwithstanding that he has since become subject to military law under this Act or the Defence Act. (1) A person who is not a citizen shall not enlist or serve in the Home Guard. (3) Nothing in the foregoing provisions of this section shall be construed as prejudicing the determination of any question as to the term for which a person was enlisted or as preventing the discharge of a person who has not claimed his discharge.(2) Where a person has received any allowance. Prohibition of non-citizens from enlisting or serving in the Home Guard (2) If a person who is not a citizen enlists or serves in the Home Guard. and. (As amended by Act No. the claim shall be submitted as soon as may be to the competent authority in the Home Guard who shall.

(3) A member of the Probing Committee shall be appointed for a period of two years. PART V ALLOWANCE. and (b) such other functions as the Minister may prescribe. (5) Notwithstanding anything to the contrary contained in this Act or any other written law.not exceeding three months. (1) A member of the Home Guard shall not be entitled to any pay Allowance for his service in the Home Guard. (1) There is hereby established a Home Guard Probing Committee Home Guard (hereinafter referred to as "the Probing Committee"). enlist or continue in the Home Guard. . the Probing Committee may exempt any person or class of persons from liability to join. 13 of 1994) PART IV HOME GUARD PROBING COMMITTEE 16. but he may be given such allowance as the Minister may prescribe in respect of performance of duty during the period when the President has ordered the employment of the whole or a part of the Home Guard under section nineteen. Probing Committee (2) The Probing Committee shall consist of a chairman and four other members who shall all be appointed by the Minister. (4) The functions of the Probing Committee shall be(a) to consider the cases of hardship to individual persons resulting from their liability to join. or to both. TRAINING. 17. ETC. (As amended by Act No. enlist or continue in the Home Guard. DISCHARGE.

19. be posted or attached to any unit of the Regular Force. or when employed in terms of subsection (1). outside Zambia. and (b) order the employment of any member of the Home Guard for service within or. but until discharge shall remain a member of the Home Guard. a member of the Home Guard upon becoming entitled to be discharged shall be discharged with all convenient speed. with his consent.(2) Different amounts of allowance may be prescribed in respect of different ranks of members of the Home Guard. when undergoing training Cap. branch or detachment by the Commander. (1) Whenever it appears to the President necessary or desirable in the public interest. sub-unit. subject to any general directions of the Commander. Discharge 20. he may(a) order the employment of the whole or any part of the Home Guard. (1) Subject to the provisions of this Act. 18. (3) Every member of the Home Guard may. every member of the Training Home Guard shall attend for training at such place or places and for such periods as may be determined by the Commander and shall fulfil such conditions relating to training as may be prescribed. and with respect to any individual member of the Home Guard by his commanding officer. branch or detachment of the Home Guard or the Zambia Combined Cadet Force established under section three of the Combined Cadet Force Act. sub-unit. (2) Any member of the Home Guard employed in terms of subsection (1) by reason of an order issued by the President shall remain so employed until released by the President. Embodiment . 118 under section eighteen. (1) Subject to the provisions of this section. (2) The requirements of subsection (1) may be dispensed with in whole or in part with respect to any unit. any unit.

a member of the Home Guard shall not be discharged unless his discharge has been authorised by order of the competent authority in the Home Guard. or such less notice as may be prescribed. in any case in which it appears that the reasons for which the discharge is claimed are of sufficient urgency or weight. the member of the Home Guard shall be so informed and. the reasons given in the notice shall not be considered as frivolous. of his desire to be discharged and stating his reasons therefor. and (b) delivering up in good order. to dispense either wholly or in part with all or any of the provisions of this section. and the commanding officer shall be so informed and such decision shall be binding on the commanding officer. . in cases where for any good or sufficient cause the delivery of the property aforesaid is impossible. the notice shall not be deemed to be a notice complying with the requirements of paragraph (a) of subsection (3). all arms. he shall transmit the notice together with the grounds upon which he formed his opinion to a committee appointed for this purpose by the Minister and(a) if the committee by a majority vote agrees with the opinion of the commanding officer that the reasons given in the notice are frivolous.(2) Except in pursuance of the order of a court-martial. (3) Subject to the provisions of this Act. a member of the Home Guard shall be entitled to be discharged at any time on complying with the following conditions: (a) giving to his commanding officer three months' notice in writing. (b) if the committee by a majority vote disagrees with the opinion of the commanding officer. paying the value thereof: Provided that it shall be lawful for the commanding officer. fair wear and tear only excepted. being public property issued to him or. (4) If the commanding officer is of the opinion that the reasons for requesting a discharge given in a notice under paragraph (a) of subsection (3) are frivolous. upon communication of such information to the member of the Home Guard. clothing and appointments.

or likely to bring discredit upon the Home Guard. Cap. as the case may be. (1) Any member of the Home Guard who. (b) within one year of the date of his enlistment if. PART VI DISCIPLINE 22. according to the circumstances. of desertion or absence without leave. Postponement of discharge 21. Where the time at which a member of the Home Guard would otherwise be entitled to be discharged occurs at a time when the Home Guard or any part thereof is employed in terms of section nineteen.(5) Subject to the approval of the Commander. he is considered either(i) (ii) unlikely to make an efficient member of the Home Guard. in the opinion of his commanding officer. and on conviction by court-martial shall be punishable as for an offence under section forty-two or. a member of the Home Guard may be discharged by his commanding officer(a) for disobedience to lawful orders while doing any military duty or for neglect of such duty. 106 meaning of this Act or the Defence Act. except with leave Failure to attend lawfully granted or on account of such sickness or such other reasonable on embodiment cause as may be allowed in the prescribed manner. employs or continues to employ the guardsman shall be deemed to aid him in concealing himself and . knowing any guardsman to be a deserter within the Cap. section forty-three of the Defence Act. fails to appear at the Cap. 106 (3) Any person who. (2) Sections one hundred and seventy-three and one hundred and seventy-four of the Defence Act shall apply to a deserter or absentee without leave contrary to subsection (1). he may be required to prolong his service for such further term as the President may order. 106 time and place appointed for assembly on embodiment in accordance with the directions given under section nineteen shall be guilty. or for misconduct by him as a guardsman or for other sufficient cause.

be rendered incapable of being elected or of sitting and voting as Home Guard not a disqualification for a member of the National Assembly. except with leave lawfully Failure to fulfil granted or on account of such sickness or such other reasonable cause as training obligation may be allowed in the prescribed manner.shall be guilty of an offence and liable on conviction to a fine not exceeding two thousand penalty units or to imprisonment for a term not exceeding six months. Any person whoPerson causing disaffection amongst members of the Home Guard (a) causes or attempts to cause or does any act calculated to cause disaffection amongst the members of the Home Guard. or to both. by reason of his membership of the Home Guard. (As amended by Act No. (As amended by Act No. or does any act calculated to induce. or (b) induces or attempts to induce. the time which elapsed between the time of his desertion and the time of his apprehension or voluntary surrender shall not be taken into account for the purpose of discharge. or to both. or fails to attend the number of drills or instructional parades or to fulfil any other conditions relating to his initial or periodical training which may be prescribed. Where a member of the Home Guard. membership of the National Assembly . (4) Where a guardsman deserts contrary to subsection (1). fails to appear at the time and place appointed for his initial or periodical training. any member of the Home Guard to desert or to commit any breach of discipline. A person shall not. 13 of 1994) 24. 13 of 1994) PART VII MISCELLANEOUS Membership of the 25. (As amended by Act No. shall be guilty of an offence and liable on conviction to a fine not exceeding five thousand penalty units or to imprisonment for a term not exceeding two years. he shall be guilty of an offence and liable on conviction to a fine not exceeding one hundred penalty units. 13 of 1994) 23.

established. shall be guilty of an offence and liable on conviction to a fine not exceeding two thousand penalty units or to imprisonment for a term not exceeding six months. 27. the Home Guard. before the commencement of this Act. PART VIII EMPLOYER'S OBLIGATION 29. Nothing in this Act shall exempt any person from being prosecuted Power to prosecute under any other law in respect of any offence made punishable by this under other law not affected Act: Provided that no person shall be punished twice for the same offence on account of the same facts. established and the persons enlisted or appointed. enlisted. be deemed to have been raised. conduct or otherwise compels. (As amended by Act No. The expenditure incurred in consequence of the coming into operation of this Act shall be charged on the general revenues of the Republic. or to both. (1) Any person who. or to both. having power to give reasonable facilities to Employer's an employee for enabling him to join. appointed or done under this Act. (2) Any employer. The units raised. the obligation Home Guard. Transitional and acts and things done. manager or person in charge of an employee who by words. refuses to give such reasonable facilities shall be guilty of an offence and liable on conviction to a fine not exceeding two thousand penalty units or to imprisonment for a term not exceeding six months. by the provisions Government for the purpose of an organisation named the Home Guard shall. or doing any service or training in. induces or prevails upon such employee to refrain from joining.26. 13 of 1994) PART IX . Expenditure 28. from the commencement of this Act. or to do any duty or training in.

administration. (1) The Minister may. use and disposal of arms. make regulations for Regulations the better carrying out of the provisions of this Act and for the good administration and organisation of the Home Guard. duties and functions of the Home Guard. ammunition. accoutrements. (i) the formation. maintenance. (f) the training. the Home Guard. control and administration of units. . (g) the description. (h) requiring members of the Home Guard to report themselves from time to time. sub-units. by statutory instrument. and the discharge of persons from. (c) the recruitment and enlistment of persons into. branches and detachments of the Home Guard. (2) Without prejudice to the generality of subsection (1). including the manner in which notification of the places and times appointed for training is to be given. powers. uniforms. emblems and badges of rank. (j) the appointments which may be held by members of the Home Guard. that is to say: (a) prescribing anything which under this Act may or is to be prescribed.REGULATIONS 30. (e) the calling out of the members of the Home Guard on service in accordance with section nineteen. (d) the allowances to be paid to the members of the Home Guard. (b) the constitution. such regulations may make provisions with respect to all or any of the following matters. supply.

(k) the granting of certificates or other awards to the members of the Home Guard who reach such standards of proficiency in training as may be prescribed. II. the provisions of Parts I. 106 (2) For the purpose of the application of the Defence Act to the Home Guard and to the members thereof(a) a guardsman shall be deemed a soldier of the Regular Force of the Army. or (b) when on duty pursuant to any other provisions of this Act. (1) Notwithstanding anything contained in the Defence Act. VII. the determining of responsibility for loss or damage caused to such property and the recovery of compensation for such loss or damage. and (c) ranks of officers in the Home Guard shall correspond to such ranks of officers in the Regular Force of the Army as the Minister may . (b) an officer in the Home Guard shall be deemed an officer in the Regular Force of the Army. Cap. VI. PART X APPLICATION OF THE DEFENCE ACT TO THE HOME GUARD 31. 106 Application of the Defence Act. VIII and XI of that Act shall apply to the Home Guard and to the members of the Home Guard(a) when the President has ordered the employment of the whole or any part of the Home Guard under section nineteen. (n) generally for the good order and management of the Home Guard. III. (m) the preservation of property of the Government issued to the Home Guard or any part thereof. (l) the grant of medals and decorations to members of the Home Guard. Cap. V.

32. (3) Where there is a conflict. the provisions of this Act shall prevail. in relation to the Home Guard or members Cap. (Had its effect) Dissolution of the Territorial Force. .prescribe. 106 thereof. between the provisions of this Act and the provisions of the Defence Act. 106 33. The Territorial Force constituted under the provisions of the Defence Act is hereby dissolved and shall cease to exist as from the commencement of this Act. Cap.

. ... day of ..................................................... *do swear by Almighty God/do solemnly and sincerely declare and affirm that I will be faithful and bear true allegiance to the President of the Republic of Zambia................................. Signature or Thumbprint of the member of the Home Guard *Sworn or Declared and Affirmed at .... 19.. .................................. as by law established......... that during my service with the Home Guard I will preserve.............. protect and defend the Constitution of Zambia............................. 3....... the Home Guard *Delete whichever is inapplicable CHAPTER 123 THE IMMIGRATION AND DEPORTATION ACT ARRANGEMENT OF SECTIONS PART I PRELIMINARY Section 1............................... 2.......................................SCHEDULE (Sections 12 and 13) THE HOME GUARD ACT DECLARATION I........................................................................................................ this ........................... Short title Interpretation Application .............................. Before me ............... Commanding Officer.... and will obey all lawful orders of the President and of all officers placed over me and will subject myself to all written law relating to the Home Guard.

ENTERING AND Entrants to appear before immigration officer Examination of entrants and others Certain visitors to reappear before immigration officer Security may be required from entrants Examination of persons leaving Zambia PART IV ISSUE. VARIATION AND REVOCATION OF PERMITS 14. etc. Liability of carriers. 7. 12.. 6. 16. 8. introducing prohibited immigrants PART III EXAMINATION OF PERSONS LEAVING ZAMBIA AND OTHERS 9. 13. 20. Delegation of powers of Chief Immigration Officer Powers of arrest of immigration assistants Powers of search. Appointment of Chief Immigration Officer. 11. 17.PART II APPOINTMENTS AND POWERS 4. etc. study. without permit Variation of conditions of permits Revocation of permits PART V PROHIBITED IMMIGRANTS AND DEPORTATION . 10. 15. 18. Entry permits Visiting permits Study permits Temporary permits Employment permits Prohibition on employment.. 21. etc. 19. etc. 5.

28.22. 30. Repeals Savings FIRST SCHEDULE-Classes of persons who may be issued with entry permits SECOND SCHEDULE-Classes of prohibited immigrants CHAPTER 123 . 35. 34. 32. 36. 26. Evidence Burden of proof Offences Penalty Regulations Rules Certificates for established residents Service of notice Reasons to be given for arrests or detention Detention PART VII REPEALS AND SAVINGS 37. 25. 24. 33. 23. Prohibited immigrants Prohibited immigrants required to leave Zambia Representations against requirement to leave Zambia Suspected prohibited immigrants Deportation PART VI MISCELLANEOUS 27. 31. 29. 38.

and to make provision for matters incidental to the foregoing. "entry permit" means a permit issued under section fourteen. "established resident" means. 29 of 1965 16 of 1967 20 of 1967 31 of 1972 Act No. "citizen" means a citizen of Zambia.. and shall be read as one with the Immigration Cap. to provide for the removal from Zambia of criminals and other specified persons. 13 of 1994 2. a person who is not a citizen or a prohibited immigrant and who has been ordinarily and lawfully resident in Zambia or the former Protectorate of Northern Rhodesia or both for the period of four years immediately preceding that date: Provided that no period during which a person(i) has been confined in a prison consequent on a sentence of Interpretation . 123 and Deportation Act.IMMIGRATION AND DEPORTATION An Act to regulate the entry into and the remaining within Zambia of immigrants and visitors. in this Act referred to as the principal Act. 1997. in relation to any date. 25 of 1997 [21st February. 1967] PART I PRELIMINARY Short title 1. unless the context otherwise requires"Chief Immigration Officer" means the person appointed as Chief Immigration Officer in accordance with section four. In this Act. This Act may be cited as the Immigration and Deportation (Amendment) Bill. "educational institution" means a prescribed institution or one of a prescribed class of institutions the primary function of which is to provide academic or other instruction.

imprisonment imposed by a court, which sentence has not on appeal or review been quashed or varied to a fine; (ii) has been an inmate of a mental institution; or

(iii) has remained in Zambia or the former Protectorate of Northern Rhodesia or both as a visitor or in terms of a statutory permit allowing such person for a limited period only so to remain; shall be counted for the purpose of this definition; "immigration assistant" means a person appointed as an immigrant assistant in accordance with section four; "immigration officer" means any person appointed as an immigration officer in accordance with section four and includes the Chief Immigration Officer and, in relation to the exercise of any power or the performance of any duty, any person on whom such power or duty has been conferred or imposed under that section; "minor child" includes any child adopted under the Adoption Act and any other person under the age of twenty-one years whom the Minister has in writing declared to be a minor child for the purposes of this Act, but does not include a married woman; "passport" means a passport or other travel document of identity(a) (i) issued by or on behalf of the Government of Zambia, the former Protectorate of Northern Rhodesia, the former Federation of Rhodesia and Nyasaland or any sovereign state recognised by the Government of Zambia or issued by the United Nations Organisation; (ii) which contains a personal description of the holder, the name of the country in which he was born and the date of his birth; (iii) to which is attached a photograph being a true likeness of the holder wherein his features are clearly and correctly depicted; and (iv) which, except where a visa is dispensed with in pursuance of an arrangement to which the
Cap. 54

Government is a party, bears the visa or endorsement of a person authorised by the Government to that end; or

(b)

of a type prescribed;

"prohibited immigrant" means a person described in section twenty-two as a prohibited immigrant in relation to Zambia; "study permit" means a permit issued under section sixteen; "subordinate court" means a court constituted under the Subordinate Courts Act; "temporary permit" means a permit issued under section seventeen to a prohibited immigrant. 3. (1) Subject to subsection (2), Parts III, IV and V shall not apply to(a) any person duly accredited to Zambia by or under the authority of the government of any sovereign state; (b) any person who under any written law is entitled to any diplomatic immunities and privileges by reason of his association with an organisation of which the Republic or the Government and one or more other states or the government or governments thereof are members; (c) any member of the official staff or of the household of a person described in paragraph (a) or (b); (d) any citizen or established resident;
Application Cap. 28

(e) any wife or minor child of a person described in paragraph (a), (b), (c) or (d); and such persons shall be entitled to enter and re-enter into and to remain within Zambia.

(2) Notwithstanding the provisions of subsection (1), Parts III, IV and V shall apply to any person(a) arriving in or departing from Zambia until he satisfies an immigration officer that he is a person to whom subsection (1) relates; or (b) who is an established resident for the purpose of the exercise by the Minister of his powers under section twenty-two or twenty-six. PART II APPOINTMENTS AND POWERS 4. (1) There shall be appointed as public officers a Chief Immigration Officer and such immigration officers and immigration assistants as shall be necessary for the proper administration of this Act. (2) The Minister may by order confer all or any of the powers and impose all or any of the duties of an immigration officer under this Act upon any public officer or class of public officers. 5. (1) The Chief Immigration Officer may, in writing and subject to such restrictions, reservations, exceptions and conditions as he may think fit, delegate to an immigration officer, immigration assistant all or any of the powers conferred upon him by or under this Act: Provided that no such delegation shall prevent the exercise by the Chief Immigration Officer of any delegated power. (2) The Chief Immigration Officer may at any time in writing revoke or vary his delegation under subsection (1) of all or any of the powers included within such delegation. (As amended by Act No. 25 of 1997) 6. An immigration officer may, without a warrant, arrest any person he Powers of arrest of reasonably suspects to be a prohibited immigrant or to be contravening immigration
officer Delegation of powers of Chief Immigration Officer Appointment of Chief Immigration Officer, etc.

any provision of this Act. (As repealed and replaced by Act No. 25 of 1997)

7. For the purpose of discharging his functions under this Act, an immigration officer may(a) without warrant stop, enter and search any aircraft, train, vehicle or vessel in Zambia; (b) require the person in charge of any aircraft, train, vehicle or vessel arriving in Zambia to furnish a list of the names of all persons in the aircraft, train, vehicle or vessel, as the case may be, and such other prescribed information as it is within the power of such person to furnish; and (c) with a warrant, issued by any court, enter any premises or dwelling house which he reasonably suuspects to have evidence in connection with contravention of any provision of this Act. 7A. (1) Any person visiting Zambia, whom an immigration officer suspects to have committed an offence under this Act, shall give his name and address to an immigration officer on request. (2) An immigration officer may, without a warrant, arrest any person referred to in subjection (1) if that person refuses or fails to furnish the immigration officer with his name and address. (As amended by Act No. 25 of 1997) 8. (1) The person in charge of any aircraft, train, vehicle or vessel bringing into Zambia any person found, on appearing before an immigration officer in accordance with section nine, to be a prohibited immigrant and the owners, agents and charterers of such aircraft, train, vehicle or vessel shall, upon being required by an immigration officer to remove such prohibited immigrant from Zambia, be responsible for such removal as soon as practicable thereafter and in default thereof shall be jointly and severally liable to pay to the Government all expenses incurred by the Government in connection with the removal of such prohibited immigrant from Zambia. (2) The amount of such expenses shall be recoverable in an action brought in the name of the Chief Immigration Officer.

Powers of search, etc.

Powers of arrest

Liability of carriers, etc., introducing prohibited immigrants

PART III EXAMINATION OF PERSONS LEAVING ZAMBIA AND OTHERS ENTERING AND

9. (1) Every person who arrives in Zambia by air-

Entrants to appear before immigration officer

(a) at any prescribed airport and intends to leave the precincts of such airport shall forthwith appear before an immigration officer; (b) at any place other than a prescribed airport shall forthwith proceed to and appear before the nearest immigration officer. (2) Every person who enters Zambia by inland waters or overland shall forthwith proceed to and appear before the nearest immigration officer. 10. (1) An immigration officer may examine any person appearing before him in accordance with the provisions of section nine and any person whom he reasonably suspects to be a prohibited immigrant for the purpose of ascertaining in relation to such person(a) (b) (c) (d) his identity; the objects of his entry into Zambia; the nature of his claim to remain in Zambia; and whether he is a prohibited immigrant.
Examination of entrants and others

(2) For the purpose described in subsection (1), an immigration officer may require any person to whom that subsection relates(a) (b) to produce his passport; to make such declaration as may be prescribed;

(c) to produce documentary or other evidence relative to his claim to enter or remain in Zambia; and (d) in writing or otherwise to answer such questions as the immigration officer may put to him. 11. An immigration officer may by notice in writing require any person(a) (b) not being the holder of a permit to remain in Zambia; or being the holder of a visiting permit issued under section fifteen;
Certain visitors to reappear before immigration officer

to appear before an immigration officer at such place and within such time as may be specified in the notice. 12. (1) The Chief Immigration Officer may require in respect of any person entering Zambia, as a condition of his remaining therein, the deposit of a sum of money or the furnishing of such guarantee as the Chief Immigration Officer may accept in lieu of such deposit. (2) The Chief Immigration Officer shall specify(a) the sum of money to be deposited or guaranteed; and
Security may be required from entrants

(b) the period not exceeding four years for which the deposit or guarantee is required. (3) Any sum deposited or guaranteed in accordance with this section may be applied by the Chief Immigration Officer to meet any expenditure incurred by the Government within the specified period in connection with the care, treatment or maintenance within or the removal from Zambia of the person concerned. (As amended by Act No. 25 of 1997) 13. (1) Every person departing from Zambia, except in direct transit through Zambia by air having not left the precincts of a prescribed airport, shall appear before an immigration officer. (2) The immigration officer may require such personExamination of persons leaving Zambia

(a) to produce his passport and any permit issued to him under this Act and to surrender any such permit which is no longer valid; (b) to make and sign such declaration as may be prescribed;

(c) in writing or otherwise to answer such questions relating to his identity or departure as may be put to him by the immigration officer. PART IV ISSUE, VARIATION AND REVOCATION OF PERMITS 14. (1) On application being made in the prescribed manner, the Chief Entry permits Immigration Officer may issue an entry permit to any person who he is satisfied(a) is not a prohibited immigrant; (b) has an adequate knowledge of any language commonly used by the indigenous inhabitants of Zambia which may be prescribed, or of English; (c) intends to remain in Zambia for a period in excess of three months; (d) belongs to a class set out in the First Schedule; and (e) is an investor holding an employment permit for a period exceeding three years or is an established resident or a child or dependent under the age of twenty-one years or a spouse of the investor or established resident. (2) The Chief Immigration Officer shall issue an entry permit to any person in respect of whom the Minister directs that such permit be issued. (3) The holder of an entry permit shall not for gain engage in any occupation other than an occupation specified in such permit. (4) Subject to the provisions of this Act and regulations made thereunder, an entry permit shall authorise the holder-

(a) for gain to engage, by employment under an employer resident in Zambia or otherwise, in such occupation as may be specified therein; and (b) until he becomes a citizen by registration, to enter and re-enter into and to remain within Zambia. (5) An entry permit shall cease to be valid if the holder(a) fails to enter Zambia within six months of the date of issue of the permit or such later date as the Chief Immigration Officer may endorse thereon; (b) is absent from Zambia for a period in excess of six months without notifying the Chief Immigration Officer in writing that he proposes to return to Zambia; or (c) is absent from Zambia for any period in excess of twelve months. (6) A person issued with an entry permit under subsection (1), shall notify the nearest immigration office of any change of address. (As amended by No. 16 of 1967 and Act No. 25 of 1997) 15. (1) On application being made in writing, an immigration officer may issue a visiting permit to any person(a) whose presence in Zambia is or is likely to become unlawful by virtue of his remaining therein for a period or periods totalling not less than three months in any period of twelve months; (b) who save as provided by paragraph (a) is not a prohibited immigrant; and (c) who is not the holder of any other permit to remain in Zambia.
Visiting permits

(2) A visiting permit shall specify the period of its validity, being a period not exceeding three months from the date of issue of such permit but capable of extension for further successive periods not exceeding

three months each to a maximum period of twelve months from such date of issue. (3) Subject to the provisions of this Act and regulations made thereunder, a visiting permit shall authorise the holder to enter and re-enter into and to remain within Zambia until such permit expires. 16. (1) On application being made in the prescribed manner, the Chief Study permits Immigration Officer shall issue a study permit to any person who he is satisfied(a) is not a prohibited immigrant; and

(b) has been accepted for instruction by an educational institution in Zambia. (2) A study permit shall specify the educational institution to which it relates and, subject to the provisions of this Act and regulations made thereunder, shall authorise the holder to study at that institution and to enter and re-enter into and to remain within Zambia while under instruction at that ins