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VOLUME 15

CONTENTS Chapter 243. Chapter 244. Veterinary Surgeons Act Brands Act

Chapter 245. Prevention of Cruelty to Animals Act Chapter 246. Chapter 247. Chapter 248. Chapter 249. Chapter 250. Chapter 251. Chapter 252. Chapter 253. Export of Pigs Act Control of Dogs Act Cattle Cleansing Act Tsetse Control Act Cattle Slaughter (Control) Act Pig Industry Act Stock Diseases Act Public Pounds and Trespass Act

Chapter 254.Vacant Chapter 255. Chapter 256. Chapter 257. Chapter 258. Chapter 259. Chapter 260. Chapter 261. Pension Scheme Regulation National Pension Scheme Act National Assembly Staff Act Pensions (Increase) Act Service Commissions Act Public Service Pensions Presidential Emoluments Act

Chapter 262. Ministerial and Parliamentary Offices (Emoluments) Act

Chapter 263. Constitutional (Emoluments) Act Chapter 264.

Offices

Management Services Board Act Officers

Chapter 265. Transferred Federal (Dependants) Pensions Act Chapter 266.

European Officers' Pensions Act

Chapter 267. Public Officers (Change of Titles) Act Chapter 268. Employment Act

Chapter 269. Industrial and Labour Relations Act Chapter 270. Employment (Special Provisions) Act Chapter 271. Chapter 272. Workers' Compensation Act Public Holidays Act

Chapter 273. Zambia National Provident Fund Act Chapter 274. Employment of Young Persons and Children Act Chapter 275. Apprenticeship Act

Chapter 276. Minimum Wages and Conditions of Employment Act Chapter 277. Judges (Conditions of Service) Act

Chapter 278. Public Officers' Pensions (Zambia) Agreement (Implementation) Act Chapter 279. Widows and Orphans Pension Act

Chapter 280. Non-Designated Expatriate Officers (Retiring Benefits) Act

CHAPTER 243 THE VETERINARY SURGEONS 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 Establishment and constitution of Board Vacation of office Meetings and decisions of Board Functions of Board Unregistered persons prohibited from practising Qualifications for registration Register to be kept Application for registration Annual publication of list of registered veterinary surgeons Removal of name from Register Disciplinary powers of Board Right of audience Authority for re-registration Appeals Existing registered veterinary surgeons Regulations

FIRST SCHEDULE-Operations, treatments, tests, advice, diagnosis and attendance which may be performed, given or provided by unregistered persons SECOND SCHEDULE-Qualifications for registration as a veterinary surgeon

CHAPTER 243

VETERINARY SURGEONS An Act to provide for the registration of veterinary surgeons; to provide for the regulation of the practice of the profession of veterinary surgery and medicine; and to provide for matters incidental to the foregoing. [10th January, 1964] 1. This Act may be cited as the Veterinary Surgeons Act.

12 of 1964 Government Notice 497 of 1964 Act No. 18 of 1975 13 of 1994

Short title

2. In this Act, unless the context otherwise requires"Board" means the Board of Veterinary Surgery established under section three; "Director" means the Director of Veterinary Services; "practice of veterinary surgery or medicine" includes the performance of any operation and the giving of and providing of any treatment, test, advice, diagnosis or attendance such as is usually performed, given or provided by veterinary surgeons; "the Register" means the Register of Veterinary Surgeons provided for in section nine; "to register" means to enter in the Register the particulars required by section nine; "registered veterinary surgeon" means a person whose name appears in the Register as a veterinary surgeon. 3. There is hereby established a Board, to be known as the Board of Veterinary Surgery, which shall consist of(a) the Director, who shall be the Chairman; (b) three members (of whom two shall be veterinary surgeons) to be appointed by the Minister; and

Interpretation

Establishment and constitution of Board

(c) two other members (of whom one shall be a private practitioner) to be elected by the Veterinary Association of Zambia from among persons who are registered veterinary surgeons and appointed by the Minister. (As amended by Act No. 18 of 1975) 4. The office of a member of the Board, other than the Director of Veterinary Services, shall become vacant(a) one month after the date he gives notice, in writing, to the Minister of his intention to resign his office; (b) if he becomes mentally or physically incapable of performing his duties as a member; (c) if he is adjudged bankrupt; (d) on the date he begins to serve a sentence of imprisonment imposed without the option of a fine; (e) if he has absented himself from two consecutive meetings of the Board without its leave. 5. (1) Meetings shall be held at such times and places as the chairman of the Board may determine and shall be convened by notice given by him. (2) Five members shall form a quorum at a meeting of the Board. (3) All decisions at any meeting of the Board shall be by majority vote of the members present thereat, and in the event of an equality of votes, the chairman shall have a casting vote in addition to his deliverative vote. (As amended by Act No. 18 of 1975) 6. It shall be the function of the Board to hold inquiries for the purpose Functions of Board of this Act and to do all other things required to be done by the Board under the provisions of this Act. 7. (1) No person shallUnregistered persons prohibited from practising Meetings and decisions of Board Vacation of office

(a)

practise veterinary surgery or medicine; or

(b) hold himself out or allow himself to be held out as a veterinary surgeon; unless he is a registered veterinary surgeon. (2) Nothing in subsection (1) shall be construed as precluding an unregistered person from performing, giving or providing, in accordance with the provisions of the First Schedule, any operation, treatment, test, advice, diagnosis or attendance which is specified in the said Schedule. (3) A person who contravenes the provisions of subsection (1) shall be guilty of an offence and shall be liable, on conviction, to a fine not exceeding two thousand penalty units or, in default of payment, to imprisonment with or without hard labour for a period not exceeding six months, or to such imprisonment without the option of a fine, or to both. (As amended by Act No. 13 of 1994) 8. Subject to the provisions of this Act, a person shall be qualified to be Qualifications for registration registered as a veterinary surgeon(a) if he holds, to the satisfaction of the Director, one or more of the qualifications set out in the Second Schedule; (b) if he is of good character; and (c) if his name has not been struck out of the Register on the direction of the Board: Provided that a person whose name has been struck off shall not be disqualified under this paragraph, if(i) the Board has granted him written authority to make application for re-registration; or (ii) the High Court has, on appeal, reversed the direction of the Board that his name be struck out of the Register. (As amended by Act No 18 of 1975) 9. (1) The Director shall keep a book called "The Register of Veterinary Surgeons" in which shall be entered the full name, address,
Register to be kept

qualifications and date of registration of every person who is qualified to be registered as a veterinary surgeon and who applies for registration. (2) The name, address, qualifications and date of registration of every veterinary surgeon shall upon registration be published in the Gazette. (3) The Director may make in the Register any necessary alteration in any entry contained therein. (As amended by Act No. 18 of 1975) 10. (1) Any person who desires to be registered as a veterinary, surgeon Application for shall make written application therefor to the Director in the form set out registration in the Third Schedule. (2) The application shall be supported by the original, or a certified copy of the certificate, diploma or other documents recording such qualification held by the applicant as is required to qualify him to be registered as a veterinary surgeon, and by such other documents and information as the Director may require. (3) A fee of four hundred fee units shall be payable by an applicant upon being registered as a veterinary surgeon. (4) Upon registration of an applicant as a veterinary surgeon the Director shall issue to the person so registered a certificate in the form set out in the Fourth Schedule. (As amended by Acts No. 18 of 1975 and No. 13 of 1994) 11. (1) During the month of January in each year the Director shall cause to be published in the Gazette a list containing the full names of all persons on the Register at the end of the previous year, together with their addresses in Zambia and their qualifications. (2) The publication of such a list shall be Prima facie evidence that the persons named therein are registered veterinary surgeons and the absence of the name of any person shall be prima facie evidence that such person is not so registered.
Annual publication of list of registered veterinary surgeons

(As amended by Act No. 18 of 1975)


Removal of name 12. (1) The Director shall strike out of the Register the name of a registered veterinary surgeon whose name has been directed to be struck from Register out by the Board under section thirteen, and shall re-enter such name in the Register if the High Court so directs.

(2) The Director shall remove from the Register the name of any registered veterinary surgeon(a) who makes written application to the Director to have his name removed; or (b) who the Director is satisfied is dead.

(3) Upon being satisfied that a registered veterinary surgeon has ceased to practise veterinary surgery or medicine in Zambia, the Director shall(a) publish in the Gazette notification of his intention to remove the name of such registered veterinary surgeon from the Register; (b) send a copy of such notification to the address of the said registered veterinary surgeon or, if such address is not known, to the address recorded in the Register; and if no objection to the removal of the name is received within thirty days of such publication, the Director shall remove the said name from the Register. 13. (1) If any registered veterinary surgeon shall be convicted of a felony or shall, after due inquiry of the Board, be deemed to have been guilty of infamous or disgraceful conduct in any professional or other respects, the Board may do one or more of the following: (a) (b) (c) caution him; censure him; direct that his name be struck out of the Register.
Disciplinary powers of Board

(2) If any person, after due inquiry by the Board, shall be found by the Board to have procured his registration under this Act as a veterinary surgeon by any false or fraudulent representation or declaration, the Board may direct that his name be struck out of the Register. 14. (1) In any inquiry held under section thirteen, the person concerning whom such inquiry is held shall be entitled to be heard by the Board in person or through his legal representative. (2) In any such inquiry as is referred to in the preceding subsection, the Board shall have the power to summon witnesses, to call for the production of books, documents, records and other things and to examine witnesses under oath, and for such purpose the chairman of the Board is hereby authorised to administer such oath. (3) If any person who has been summoned under the foregoing subsection, having reasonable notice of the time and place at which he is required to attend, fails to attend, or refuses to take an oath or to answer any question he is lawfully required to answer or refuses or fails to produce any book, document, record or other thing and does not excuse his refusal to the satisfaction of the Board, such person shall be guilty of an offence and shall on conviction be liable to a fine not exceeding two hundred and fifty penalty units. (4) In the exercise of the powers conferred upon it by section thirteen, the Board shall have power to regulate its own procedure. (As amended by Acts No 18 of 1975 and No. 13 of 1994) 15. Any person whose name has been struck out of the Register on the Authority for re-registration direction of the Board may make written application to the Board for authority to make application for re-registration, and the Board may grant or refuse such authority. 16. Any person aggrieved by any decision of the Board may appeal to Appeals the High Court, and the Court may make such order as it may deem fit: Provided that no such appeal shall lie unless notice of appeal is given within thirty days after the date of the decision of the Board.
Right of audience

Existing registered 17. (1) Notwithstanding any other provision of this Act, the Director shall register the name, address, qualifications and date of registration of veterinary surgeons any person who-

(a) immediately prior to the commencement of this Act, was ordinarily resident in Zambia and was a registered veterinary surgeon under the provisions of the *Veterinary Surgeons Act, 1961, of the Legislature of the former Federation of Rhodesia and Nyasaland; or *Discontinued by G.N. No. 447 of 1963. (b) subsequent to the commencement of this Act, is appointed to the public service as a veterinary officer. (2) The Director shall cause to be published in the Gazette the name, address, qualification and date of registration of any person whose name is registered in accordance with subsection (1). (3) The fee required by subsection (3) of section ten shall not be payable by a person whose name is registered in accordance with subsection (1) but such fee shall, in the case of a person registered under paragraph (b) of subsection (1), become payable upon termination of such person's appointment of the public service as a veterinary officer. (As amended by Act No. 18 of 1975)
Regulations 18. The Minister may give such directions and, by statutory instrument, make such regulations as he may think fit for the purpose of giving effect to the provisions of this Act.

(As amended by Act No. 18 of 1975) FIRST SCHEDULE (Section 7) OPERATIONS, TREATMENTS, TESTS, ADVICE, DIAGNOSIS AND ATTENDANCE WHICH MAY BE PERFORMED, GIVEN OR PROVIDED BY UNREGISTERED PERSONS The following treatments, tests, operations and other acts may be performed by

unregistered persons: (a) any non-surgical treatment given to an animal by(i) its owner; or (ii) (iii) (iv) (ii); (b) anything done, otherwise than for payment or material advantage, by a person engaged or employed in farming to any animal owned for the purposes of agriculture; (c) anything done in the course of his duties by a person employed by the Government; (d) the rendering in an emergency of first aid for the purposes of saving life or relieving pain; (e) the performance of the following operations: (i) caponising of poultry; (ii) (iii) (iv) (vi) open. (As amended by Act No. 18 of 1975) SECOND SCHEDULE (Section 8) QUALIFICATIONS FOR REGISTRATION AS A VETERINARY SURGEON 1. Degree in Veterinary Medicine granted by the University of Nairobi. 2. Membership or Fellowship of the Royal College of Veterinary Surgeons. 3. Degree in Veterinary Science or Medicine granted by a University in the United Kingdom or the Republic of Ireland. 4. Degree in Veterinary Science or Medicine granted by any University in the Commonwealth and approved by the Board. 5. Degree of Doctor of Veterinary Medicine granted by the Veterinary School of any one of the following Universities in the United States of America, together with such additional qualification as is required before practice is permitted in the United States of America: castration of bovines, rams or goats with a bloodless castrator; castration of boars up to three months of age; the tailing of a lamb; the amputation of the dew claws of a dog before the dog's eyes are a member of the household of which the owner is a member; or a person in the employment of the owner; or a person in the employment of a person referred to in subparagraph

(v) the docking of a tail of a dog before the dog's eyes are open;

Auburn New York California Ohio Colorado Oklahoma Iowa Pennsylvania Kansas Texas Michigan Tuskegee Minnesota Washington 6. A degree in Veterinary Science granted by the University of Zambia. 7. A degree or diploma in Veterinary Science (State Examination) granted by any of the following authorities: (a) University of Berne; (b) University of Gieseen; (c) University of Utrecht; (d) University of Vienna; (e) University of Zurich; (f) Veterinary College of Berlin; (g) Veterinary College of Hanover; (h) Veterinary College of Munich; (i) Karl Marx University at Leipzig; (j) National Veterinary School of Alfort; (k) National Veterinary School of Lyon; (l) National Veterinary School of Toulouse; (m) Royal Veterinary and Agricultural College, Copenhagen; (n) Ukrainian Academy of Agricultural Science, Kiev; (o) Royal Swedish Veterinary College, Stockholm; (p) Royal Norwegian Veterinary College, Oslo.

THIRD SCHEDULE (Section 10 (1)) APPLICATION FOR REGISTRATION AS A VETERINARY SURGEON The Director of Veterinary Service, The Board of Veterinary Surgery, P.O. Box RW60,

Lusaka I (full name) of hereby make application for registration as a veterinary surgeon. My qualifications are

I enclose a certified true copy of the following degree\diploma:

................................................................ Date (As amended by Act No. 18 of 1975) FOURTH SCHEDULE (Section 10 (4)) CERTIFICATE OF REGISTRATION AS A VETERINARY SURGEON

Signature

is hereby registered as a veterinary surgeon under section 10 (4) of the Veterinary Surgeons Act. GIVEN at Lusaka this day of ,19 ................ Director of Veterinary Services (As amended by Act No. 18 of 1975) CHAPTER 244 THE BRANDS ACT
ARRANGEMENT OF SECTIONS

Section 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. Short title Interpretation Registrar and Deputy Registrars of Brands Registers to be kept Application for registration as proprietor of brand Receipt of application Allotment of brand Certificate of registration Brand Directory Transfer of brand Use of registered brand by unauthorised person Evidence of certificate of Registrar Burden of proof Offence and penalty for wrongfully using brands not registered Regulations

CHAPTER 244

BRANDS An Act to provide for the registration of brands; to provide for a Registrar of Brands and Deputy Registrars; and to provide for matters incidental thereto. [1st November, 1913] 1. This Act may be cited as the Brands Act.

12 of 1913 49 of 1955 Government Notices 319 of 1964 497 of 1964 Act No. 13 of 1994

Short title

2. In this Act, unless the context otherwise requires"brand" means the impression of any letter, sign or character branded upon any horse or cattle, and the impression of any letter, sign or mark

Interpretation

branded or tattooed on the body of any sheep or goat or made upon the wool of any sheep or goat by pitch, paint, tar or other substance; "Brand Directory" means the list of the brands compiled by the Registrar and published by authority; "cattle" means any bull, cow, ox, heifer, steer or calf, or any domesticated eland or eland hybrid; "fees" means any fees, rates or charges which any person may be liable to pay under this Act or any regulations made in pursuance thereof; "horse" means any horse, mare, gelding, colt, filly, ass or mule, or any domesticated zebra or zebra hybrid; "proprietor" means the registered proprietor of any brand; "Registrar" means the Registrar of Brands appointed for the purposes of this Act and includes any person for the time being lawfully acting in that capacity; "similar brand" means a brand so like another brand as to be likely to be mistaken for it. 3. (1) There shall be a public officer or public officers to exercise under Registrar and Deputy Registrars this Act the functions ofof Brands

(a)

the Registrar of Brands for Zambia;

(b) Deputy Registrars for certain districts or groups of districts who shall be subordinate to the Registrar for the purposes of this Act. (2) The place or places at which the offices of the Registrar or Deputy Registrars shall be situate shall be as determined from time to time. 4. The Registrar shall keep separate registers for the registration of brands of(a) horses;
Registers to be kept

(b) (c)

cattle; sheep and goats.

Application for 5. An owner of such animals as are referred to in the last preceding section may deposit the prescribed fees and make application in writing registration as proprietor of brand to the Registrar to be registered as the proprietor of a brand. Such brand may be in respect of any one or more of such classes of animals.

6. The Registrar, upon receiving any such application and on payment Receipt of application of the prescribed fees, shall send to the applicant a certificate of such receipt. 7. (1) Any person requiring a brand may, on application and on payment of the prescribed fee, have a brand allotted to him by the Registrar. (2) Any person may submit to the Registrar a brand of his selection which, if acceptable to the Registrar and on payment of the prescribed fee, may be registered as the applicant's brand. (No. 49 of 1955) 8. The Registrar shall forward to every applicant a certificate of registration as soon as the registration shall be completed. (As amended by No. 49 of 1955) 9. As soon as may be after the 31st December in each year, the Registrar, or such other public officer as may be designated, shall compile a Brand Directory containing a correct and complete list of all registered brands and of names and residences of all proprietors registered up to that date.
Brand Directory Certificate of registration Allotment of brand

10. Any registered proprietor may transfer his right to any registered Transfer of brand brand to any other person in such form as may be prescribed. Such transfer shall only have validity when registered by the Registrar upon payment of such fee as may be prescribed. Every person receiving such transfer shall, after due registration thereof, be entitled to a certificate thereof under the hand of the Registrar.

11. Any person, not being the registered proprietor of any brand in any district and not acting with the authority of such proprietor, who shall impose or cause to be imposed upon any horse, cattle, sheep or goat, as the case may be, any such registered brand shall be liable, upon conviction, to a fine not exceeding three hundred penalty units and, in default of payment, to imprisonment with or without hard labour for any term not exceeding one month. (As amended by Act No. 13 of 1994)

Use of registered brand by unauthorised person

12. On the trial of any person for the theft of any horse, cattle, sheep or Evidence of certificate of goat, or for receiving such horse, cattle, sheep or goat or any part or Registrar portion thereof, knowing the same to have been stolen, it shall be competent for the prosecution to give evidence that the brand upon the animal alleged to have been stolen is the registered brand of the person alleged to be the owner of such animal, or of some person through or from whom such owner derived his right to such animal, and a certificate under the hand of the Registrar shall constitute prima facie proof of the facts therein stated as to the registration of any brand. 13. On the trial of any such person as aforesaid, who shall have been Burden of proof apprehended in possession of any animal branded with any registered brand, and upon proof being given of the ownership of such animal and that a theft thereof has been committed, the onus of proof that such animal was lawfully or innocently in his possession shall rest upon the accused person. 14. Any owner of any animal of a class in respect of which a brand may be registered who shall, after the commencement of this Act, mark any such animal with any brand not duly registered as his brand under the provisions of this Act, shall be liable to a fine not exceeding one hundred and fifty penalty units and, in default of payment, to imprisonment with or without hard labour for any term not exceeding fourteen days. (As amended by Act No. 13 of 1994)
Regulations 15. (1) The Minister may, by statutory instrument, from time to time make, amend, alter or repeal such regulations as may be necessary for the proper carrying out of the provisions of this Act and more especially may prescribeOffence and penalty for wrongfully using brands not registered

(a) the forms in which applications for and certificates of registration shall be made; (b) the form and manner of giving any notice required but not specially provided for by this Act; (c) the form in which any transfer of the right to any registered brand shall be effected; (d) the size of any brands entitled to registration, the portions of the body on which animals of the several classes shall respectively be branded, and the order in which different brands shall be imposed; (e) the fees to be paid under the provisions of this Act;

(f) the system and procedure to be observed by the Registrar in allotting brands. (2) Such regulations may further impose a penalty not exceeding one hundred and fifty penalty units for any breach thereof or, in default of payment of such fine, imprisonment with or without hard labour for any term not exceeding fourteen days. (As amended by G.N. No. 319 of 1964 and Act No. 13 of 1994)
SUBSIDIARY LEGISLATION

BRANDS THE BRANDS REGULATIONS [ARRANGEMENT OF REGULATIONS]

Regulation 1. 2. 3. 4. 5. Title Interpretation Brands District Prescribed forms Form of brand

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

Special brand Number of brands to be allotted Size of brands Allotment of brands Prescribed fees Imprinting of brands Branding of ears Surrender of brand Cancellation of brand Re-allotment of brand Annual return of brands registered Public pound Branding by pound-masters

FIRST SCHEDULE-Prescribed forms SECOND SCHEDULE-Brands Allotted to Different Brands Districts THIRD SCHEDULE-Returns of Brands Registered FOURTH SCHEDULE-Brands Alloted to Public Bodies and Organisations SECTION 15-THE BRANDS REGULATIONS Regulations by the Minister
Government Notices 50 of 1931 76 of 1931 110 of 1936 280 of 1953 298 of 1955 24 of 1956 93 of 1956 207 of 1960 24 of 1961 497 of 1964 Statutory Instruments 57 of 1965 25 of 1983

29 of 1983 Act No. 13 of 1994

1. These Regulations may be cited as the Brands Regulations. 2. In these Regulations, unless the context otherwise requires-

Title

Interpretation

"allotted brand" means a brand allotted to an applicant by the Registrar; "selected brand" means a brand chosen by any applicant and submitted to the Registrar for registration. (As amended by No. 24 of 1956) 3. For the purposes of the Act and of these Regulations, the Brand Districts shall coincide with the areas covered by provinces as demarcated in the Provinces and Districts (Division) Order. (As amended by S.I. No. 25 of 1983) 4. (1) The form of application for registration of a brand shall be that set Prescribed forms out in Form 1 in the First Schedule. (2) The form of application for registration of a selected brand shall be that set out in Form 2 in the First Schedule. (3) The form of a certificate of registration shall be that set out in Form 3 in the First Schedule. (4) The form of a transfer of a brand from one registered proprietor to another shall be that set out in Form 4 in the First Schedule. (5) The form of a certificate of such transfer shall be that set out in Form 5 in the First Schedule. (No. 24 of 1956) 5. (1) Save as hereinafter provided, every allotted brand shall consist of Form of brand
Brands Districts Cap 286

a set of two letters arranged horizontally, and a set of two digits also arranged horizontally, so that the letters and the digits together occupy the four quarters of an imaginary square wherein the set of letters shall comprise any of the letters of the alphabet excluding I, O, S and Z, and shall be placed either above or below the set of digits which shall comprise the integers 1 to 9. (2) The Registrar or such other public officer as may be designated in that behalf shall keep a register of all the brands possible under sub-regulation (1), in accordance with the tables set out in the Second Schedule. (As amended by S.I. No. 25 of 1983) 6. The public bodies and organisations set out in the first column of the Special brands Fourth Schedule shall be deemed to be the registered proprietors of the respective brands set out in the second column of that Schedule. (As amended by S.I. No. 25 of 1983) 7. One brand and no more shall be allotted to any person in one Brands Number of brands to be alloted District. 8. The size of the characters of every allotted brand branded on stock Size of brands of the age of twelve months and over shall be eight centimetres in height and six centimetres in width, but stock under the age of twelve months may be branded with characters of one-half of the above size. (As amended by G.N. No. 24 of 1956 and S.I. No. 25 of 1983) 9. (1) An applicant for an allotted brand shall be allotted the next vacant Allotment of brands brand appearing in the register kept under sub-regulation (2) of regulation 5. (2) An applicant for registration of a selected brand may, at the discretion of the Registrar, be registered as the proprietor of that brand. (As amended by G.N. No. 24 of 1956 and S.I. No. 25 of 1983) 10. There shall be payable to the Registrar(a) for every separate registration of an allotted brand, thirteen fee
Prescribed fees

units; (b) for every separate registration of a selected brand, twenty-five fee units; (c) for every transfer of a brand, thirteen fee units; (d) where the brand symbol selected by any applicant necessitates special printing arrangements, the cost of such printing shall be borne by the applicant. (G.N. No. 24 of 1956 as amended by No. 93 of 1956 and Act No. 13 of 1994) 11. All brands shall be imprinted on stock as follows: (a) In the case of horses, mules or donkeys, the first brand shall be imprinted on the left side of the neck or on the left rump, and any second or subsequent brand shall (where there is sufficient space for such purpose) be imprinted on the same part of such animal and at a distance of not less than 3.81 centimetres from and directly underneath the last imprint. (As amended by S.I. No. 25 of 1983) Where there is not sufficient space for the purpose, then such second or subsequent brand shall be imprinted on that part of such animal next in order according to the following table: (i) (ii) (iii) right neck or rump (or thigh); left shoulder (or top of arm); right shoulder (or top of arm).
Imprinting of brands

(b) In the case of cattle, the first brand shall be imprinted on the left rump (or thigh), and any second or subsequent brand shall (where there is sufficient space for the purpose) be imprinted on the same part of such animal and at a distance of not less than 3.81 centimetres from and directly underneath the last imprint. Where there is not sufficient space for the purpose, then such second or subsequent brand shall be imprinted on that part of such animal next in order according to the following table: (i) right rump (or thigh);

(ii) (iii)

right shoulder (or top of arm); left shoulder (or top of arm).

(c) In the case of sheep and goats, the first brand shall be imprinted on the right shoulder, and any second or subsequent brand in the following order: (i) (ii) (iii) (iv) (v) right side or ribs; right rump (or thigh); left shoulder; left side or ribs; left rump (or thigh).

(As amended by No. 280 of 1953)


Branding of ears 12. Each proprietor of a registered brand shall have the right, in addition to imprinting his brand in the manner above prescribed, to place such brand on the ears of such animals by punching, tattooing or ear rivets.

13. The owner of any brand may surrender the same, and the Registrar Surrender of brand shall, on receipt of notice thereof, cancel the registration by Gazette notice.
Cancellation of 14. When it appears to the Registrar, upon the report of an Assistant District Secretary or a Veterinary Officer, that a registered brand is not brand in use, he may cause notice thereof to be given to the owner thereof calling upon him to show cause why the same should not be cancelled; if cause is not shown to the satisfaction of the Registrar within six months after such notice, he may cancel the brand.

15. No brand which has been surrendered or cancelled shall be re-allotted until a period of five years from such surrender or cancellation has elapsed.

Re-allotment of brand

16. The Registrar shall, at the end of each year or as soon thereafter as Annual return of possible, transmit for publication in the Gazette a statement, as set out in brands registered the Third Schedule, of all brands registered under the Act during the previous twelve months. 17. The Registrar shall allot a brand to every public pound already or hereafter to be established, and shall register the same.
Public pound

18. (1) A brand allotted to a public pound shall be in the form set out in Branding by pound-masters regulation 5, except that the set of letters shall comprise the letter O horizontally followed by the letter (or the first of the letters) designating the Brand District in which the pound is located. (2) On the sale of any stock which was impounded, the poundmaster shall brand the same with the brand allotted to such pound, in accordance with these Regulations so as to show clearly that the said brand is the last brand imprinted on such stock. (3) Any poundmaster who fails to comply with the provisions of sub-regulation (2) shall be guilty of an offence and shall be liable, on conviction, to a fine not exceeding five hundred and twenty-five penalty units, or to imprisonment for a period not exceeding three months, or to both. (4) The Registrar shall maintain a register of brands allotted to pounds. (As amended by S.I. No. 25 of 1983 and Act No. 13 of 1994)

FIRST SCHEDULE
PRESCRIBED FORMS

FORM 1 (Regulation 4(1))


REPUBLIC OF ZAMBIA THE BRANDS REGULATIONS APPLICATION FOR BRAND
Section A. To the Registrar,

............................................................................................................................................................
I/we enclose the prescribed fee of fee units .................................................................................................................. and request a brand for the holding or place mentioned in the Schedule below.

Full name of applicant

Address

Brand District for which Brand is required

Date ............................................................. .......................................................... .................................. Signature of Applicant (No 29 of 1983) Section B. For Official Use Only Comments from Village Headman or District Council in whose area the applicant resides: .................................................................................................................................................................. .................................................................................................................................................................. .................................................................................................................................................................. Date ............................................................. Signed .................................................................................... .... (Name in block letters) Comments from Zambia Police in the applicant's locality: .................................................................................................................................................................. .................................................................................................................................................................. .................................................................................................................................................................. Date .......................................................... Signed

.................................................................................... ... (Name in block letters) Brand allotted: Certificate of Registration No .................................................................................................................. Date ................................................................ ....................................................................................... .. Registrar of Brands (As Amended by S.I. No. 29 of 1983) and Act No. 13 of 1994)

REPUBLIC OF ZAMBIA THE BRANDS REGULATIONS

FORM 2 (Regulation 4 (2))


APPLICATION FOR SELECTED BRAND
To the Registrar, .................................................................................................................................................................. Herewith I/we enclose the prescribed fee of ............................................................... and request that you will register the brand* .......................................................... for the holding or place mentioned in the Schedule below. *Insert brand symbol Brand District for which Brand is required Full name of Applicant Address

Date .......................................................... ....................................... ........................................ Applicant (As Amended by G.N. No. 24 of 1956) and S.I. No. 25 of 1983)

REPUBLIC OF ZAMBIA THE BRANDS REGULATIONS

FORM 3 (Regulation 4 (3)


CERTIFICATE OF REGISTRATION OF A BRAND
No ......................................................................... ......................................................................... day of....................................................................

I hereby certify that the brand shown in the diagram at foot hereof was duly registered on the date and as the brand of the person(s) set forth in the Schedule below. (As amended by S.I. No. 25 of 1983) Brand District for which Brand is required

Owner's full Name

Address

Date of Registration

Fee .......................................................................... Diagram of Brand .................................................... ............................................................................... Registrar of Brands (As Amended by G.N. No. 24 of 1956) and S.I. No. 25 of 1983)

REPUBLIC OF ZAMBIA THE BRANDS REGULATIONS

FORM 4 (Regulation 4 (4))


MEMORANDUM OF TRANSFER OF A BRAND
I/We ................................................................., being the registered owner(s) of the brand set forth in the Schedule below, do hereby agree to the transfer of the same to ..................................................... of .................................................... and hereby request that the same may be registered accordingly And I/We ........................................................., the second undersigned, do also hereby agree to the said transfer and enclose the fee therefor, ....................................................................... fee units. Witness .........................................................................................................................................Owner Address...................................................................... Witness ........................................................... ..........................................................................Owner Address...................................................................... Name and Address of Registered Owner of Brand Brand District for which Brand is registered

Brand

No. of Certificate

Date of Registration

(As amended by G.N. No. 24 of 1956,) S.I. No. 25 of 1983 and Act No. 13 of 1994)

REPUBLIC OF ZAMBIA THE BRANDS REGULATIONS

FORM 5 (Regulation 4 (5))


CERTIFICATE OF TRANSFER
No ............................................................................ Date ...................................................................

This is to certify that the brand shown at the foot hereof was this day transferred from ................................................. of .............................. to .............................. of .............................. Fee paid ......................................................... Dated this ......................... day of ............................. ............................................................................... Registrar of Brands Brand District where Brand is to be used

Brand

Transferee's Name and Address

No. of Certificate

Date of Registration

(As amended by G.N. No. 24 of 1956) and S.I. No. 25 of 1983)

SECOND SCHEDULE (Regulation 5 (2))


Brands Allotted to Different Brands Districts Name of Brand District Lusaka .. .. Set of letters starting with A B C D E F G H J K L M N P Q R T U V W X Y

Followed by any of the letters A, B, C, D, E, F, G, H, J, K, L, M, N, P, Q, R, T, U, V, W, X, Y. as above as above as above as above as above as above as above as above as above as above as above as above as above as above as above as above as above as above as above as above as above (As amended by S.I. No. 25 of 1983)

Central

..

..

Copperbelt Luapula.. Northern.. Eastern.. Southern

.. .. .. .. ..

Western..

..

North-Western

THIRD SCHEDULE
REPUBLIC OF ZAMBIA THE BRANDS REGULATIONS (Regulation 16) RETURNS OF BRANDS REGISTERED
During the year ended 31st December, 19 .........., for the District of ......................................................................................... under the Brands Act.

Name of Registered Owner

Address

Brand District for which Brand is registered

Particulars of Brand Brand allotted No. of Certificate Date of Registration

(As amended by S.I. No. 24 of 1956) and S.I. No. 25 of 1983)

FOURTH SCHEDULE
(Regulation 6) BRANDS ALLOTED TO PUBLIC BODIES AND ORGANISATIONS
Body or organisation Government of Zambia and its Ministries and Departments Department of Veterinary and Tsetse Control Services for purpose of identifying origin or treatment under regulation 8 of Stock Diseases Regulations (Cap. 252) Brands Z placed above two digits from 1 to 9 Z

(As amended by S.I. No. 25 of 1983)

CHAPTER 245 THE PREVENTION OF CRUELTY TO ANIMALS ACT


ARRANGEMENT OF SECTIONS

Section 1. 2. Short title Interpretation

3. Acts and omissions which amount to cruelty and penalties therefor 4. 5. 6. 7. owner 8. 9. 10. 11. 12. 13. 14. Order of court for destruction of animals Deprivation of ownership Damages Destruction of animals by police officer without consent of Production of driver, conductor or animal at hearing Power of entry on premises Powers of arrest without warrant Separate charges may be brought in respect of each animal Delegation of powers to a society Vexatious complaints Service of process on a company

CHAPTER 245

PREVENTION OF CRUELTY OF ANIMALS An Act to provide for the prevention of cruelty to animals; to specify acts and omissions which amount to cruelty and penalties therefor; to prescribe the powers of police officers; and to provide for matters incidental thereto. [20th January, 1921]

20 of 1920 36 of 1933 32 of 1952 47 of 1963 Government Notice 319 of 1964 Statutory Instrument 29 of 1964 Act No. 13 of 1994

1. This Act may be cited as the Prevention of Cruelty to Animals Act. Short title 2. In this Act, unless the context otherwise requires"animal" means any horse, mare, gelding, bull, cow, ox, heifer, steer, calf, mule, ass, sheep, lamb, hog, pig, sow, goat, fowl, ostrich, dog, cat, or any other domestic animal, fowl or bird, and shall also include any wild animal, fowl or bird in a state of captivity; "owner", in addition to its ordinary meaning, includes any person having the charge, custody or control of any animal. 3. (1) Any person whoActs and omissions which amount to cruelty and penalties therefor Interpretation

(a) shall cruelly beat, kick, ill-treat, over-ride, over-load or torture any animal, or shall cause any animal to be so used, or shall drive or use any animal which is so diseased or so injured, or in such a physical conditions that it is unfit to do any work, or shall by wantonly or unreasonably doing or omitting to do any act, or causing or procuring the commission or omission of any act, cause any unnecessary suffering, or, being the owner, permit in manner aforesaid any unnecessary suffering to be caused to any animal; or (b) shall convey or carry, or cause or procure, or, being the owner, permit to be conveyed or carried, any animal in such a manner or position as to cause that animal any unnecessary suffering; or (c) shall cause, procure or assist at the fighting of any animal, or shall keep, use, manage, or act or assist in the management of any premises or place used for the purpose, or partly for the purpose of fighting any animal, or shall permit any premises or place to be so kept, managed or used, or shall receive or cause or procure any person to receive money for the admission of any person to such premises or place; or (d) shall, without any reasonable cause or excuse, administer, cause or procure, or, being the owner, permit such administration of, any poisonous or injurious drug or substance to any animal, or shall without

any reasonable cause or excuse, cause any such substance to be taken by any animal; or (e) shall subject, or cause or procure, or, being the owner, permit to be subjected, any animal to any operation which is performed without due care and humanity; or (f) shall kill an animal in the sight of any other animal awaiting slaughter; shall be guilty of cruelty and of an offence under this Act, and shall, on conviction, be liable to a fine not exceeding seven hundred and fifty penalty units, or in default of payment, to imprisonment with or without hard labour for a period not exceeding three months, or to such imprisonment without the option of a fine, or in case of a second or further conviction, to a fine not exceeding one thousand five hundred penalty units, or in default of payment, to imprisonment with or without hard labour for a period not exceeding six months, or to such imprisonment without the option of a fine, or to corporal punishment in any number of cuts not exceeding fifteen, or to any two of the aforesaid punishments: Provided that corporal punishment shall only be awarded if the court considers that the offence was of an aggravated nature. (2) For the purposes of this section, an owner shall be deemed to have permitted cruelty if he shall have failed to exercise reasonable care and supervision in respect of the protection from such cruelty of any animal which is his property or in his charge. (3) The Minister may, from time to time by statutory instrument, make regulations as to the supply of food and water to animals while in the custody of a railway company for the purpose of being conveyed by train, and any railway company which fails to cause food and water to be supplied to any animal in accordance with such regulations, and any officer of such company who, having been charged with the duty of supplying food and water to any animal in accordance with such regulations, wilfully neglects to fulfil such duty shall be guilty of cruelty and of an offence under this Act and shall, on conviction, be liable to the penalties prescribed by this section. (As amended by No. 32 of 1952 ,G.N. No. 319 of 1964 and Act No. 13 of 1994)
Regulations for feeding and watering animals in transit by train

4. (1) Where the owner of an animal is convicted of an offence under Order of court for destruction of this Act in respect of such animal, it shall be lawful for the court, if animals satisfied that it would be cruel to keep the animal alive, to direct that the animal be destroyed, and to assign the animal to any suitable person for that purpose; and the person to whom such animal is assigned shall, as soon as possible, destroy such animal or cause or procure such animal to be destroyed in his presence without unnecessary suffering. Any reasonable expenses incurred in destroying the animal and removing and burying the carcass may be ordered by the court to be paid by such owner, and thereupon shall be recoverable from him as a civil debt. (2) No appeal shall lie from an order for the destruction of an animal under subsection (1). 5. Where the owner of an animal is convicted of an offence under this Deprivation of ownership Act in respect of such animal, the court may, in addition to any other punishment, deprive such person of the ownership of the animal, and make such order as to the disposal of the animal as it shall think fit: Provided that no order shall be made under this section unless it is shown by evidence as to a previous conviction, or as to the character of the owner, or otherwise, that the animal, if left with the owner, is likely to be exposed to further cruelty. 6. (1) Whenever any person is convicted of an offence under this Act Damages and it appears that such person has by that offence caused damage to any person, the court may, at the written request of the aggrieved person, but in the presence of the convicted person, inquire summarily and without pleadings into the amount of damage so caused. (2) Upon proof of such amount, the court shall give judgment therefor in favour of the person aggrieved and against the convicted person, and such judgment shall be of the same force and effect, and be executable in the same manner as if it had been given in a civil action duly instituted before such court: Provided that judgment shall not be given under this section for a sum exceeding three thousand penalty units. (As amended by Act No. 13 of 1994)

7. (1) If a police officer find any animal so diseased or so severely injured or in such a physical condition that in his opinion it ought to be destroyed, he shall, if the owner be absent or refuse to consent to the destruction of the animal, at once summon a veterinary surgeon, if any veterinary surgeon be within reasonable distance, or two landowners, and if such veterinary surgeon or such landowners, after having duly examined such animal, shall give a certificate that the animal is mortally injured or so severely injured or so diseased or in such physical condition that it is cruel to keep it alive, it shall be lawful for the police officer, without the consent of the owner, to slaughter the animal, or cause or procure it to be slaughtered with such instruments or appliances and with such precautions and in such manner as to inflict as little suffering as practicable, and if the slaughter takes place on any public road, to remove the carcass or cause it to be removed therefrom. (2) Any expenses which may be reasonably incurred by any police officer in carrying out the provisions of this section (including the expenses of any veterinary surgeon or the said owners of land, and whether the animal is slaughtered under this section or not) may be recovered from the owner as a civil debt. (3) Where a person having charge of a vehicle or animal is apprehended by a police officer for any offence under this Act, or where any animal is found by any police officer being treated with cruelty, it shall be lawful for that or any other police officer to take charge of such vehicle or animal, and to deposit the same in some place of safe custody until the termination of the proceedings or until the court shall direct such vehicle or animal to be delivered to the person charged or the owner, and the reasonable costs of such detention, including the reasonable costs of veterinary treatment when such treatment is required, shall, in the event of a conviction in respect of the said animal, be recoverable from the owner as a civil debt, or where the owner himself is convicted, shall be part of the costs of the case. 8. (1) In all cases where the offender is not in custody and where proceedings are instituted under this Act, it shall be lawful for the court to issue a summons directed to(a) the employer of any driver or conductor of any vehicle against whom any proceedings are instituted under this Act;

Destruction of animals by police officer without consent of owner

Expenses of such destruction

Safe custody, and expenses of same, of animals, etc., pending proceedings

Production of driver, conductor or animal at hearing

(b) the owner of any animal in respect of which any proceedings are instituted under this Act; requiring him, as the case may be, and if in his power so to do, to produce the driver or conductor at the hearing of the case, or the animal for inspection (if such can be done without cruelty) either at or at any time before the hearing of the case. (2) Where a summons is issued under subsection (1) and the owner or employer, as the case may be, fails to comply therewith, without satisfactory excuse, he shall be liable upon conviction to a fine not exceeding one hundred and fifty penalty units for the first occasion and not exceeding three hundred penalty units for the second or any subsequent occasion on which he so fails, and may be required to pay the costs of any adjournment rendered necessary by his failure. (As amended by No. 36 of 1933 and Act No. 13 of 1994)
Power of entry on 9. A police officer may, without any warrant, and at any time, upon premises obtaining permission from the owner, or failing such permission, on obtaining an order from a magistrate, enter any premises where animals are kept for the purpose of examining the conditions under which they are so kept.

(As amended by No. 36 of 1933) 10. Every person who is suspected on reasonable grounds of having committed an offence against this Act may, if there is reason to believe that the ends of justice would be defeated by the delay in obtaining a warrant, be arrested without warrant by a police officer of or above the rank of Assistant Inspector. (As amended by No. 36 of 1933 and No. 47 of 1963) 11. Separate charges may be brought against any person or persons in Separate charges may be brought in respect of each animal, if more than one is concerned.
respect of each animal Powers of arrest without warrant

12. The Director or Deputy Director of Veterinary Services and Tsetse Delegation of powers to a society Control may, by writing under his hand, authorise any officer of any society for the prevention of cruelty to animals to exercise within his district all or any of the powers conferred by this Act upon a police officer, and, in the exercise of such powers, the officer of the society

shall, when required, produce for inspection such documents of authority. The Director or Deputy Director in Charge of Veterinary Services and Tsetse Control may, for good cause, revoke any such authority. (As amended by No. 36 of 1933 and S.I. No. 29 of 1964) 13. If, upon the prosecution of any person for any offence under this Act, the court, upon hearing the charge or complaint, shall pronounce the same unfounded or vexations, the court may award costs according to the scale of costs set forth in the Subordinate Courts (Civil Jurisdiction) Rules against the society or person at whose instance the charge or complaint was laid. (As amended by No. 36 of 1933) 14. In any proceedings under this Act against a company, service of any process may be effected upon any officer or person acting or appearing to act in the management of the business or affairs of such company or local agent or representative of such company. CHAPTER 246 THE EXPORT OF PIGS ACT
ARRANGEMENT OF SECTIONS
Service of process on a company Vexatious complaints Cap. 28

Section 1. 2. 3. 4. Short title Export of pigs Regulations Penalty

CHAPTER 246

EXPORT OF PIGS An Act to regulate the export of pigs from Zambia; and to provide for matters incidental thereto.

24 of 1925 Government Notices 319 of 1964 497 of 1964

[6th June, 1925] 1. This Act may be cited as the Export of Pigs Act.

Act No. 13 of 1994

Short title

2. The Minister may, from time to time by statutory notice, prohibit the Export of pigs export of pigs from Zambia, or any part thereof, unless and until all regulations with regard to their export have been complied with, and may at any time, by like notice, rescind the same. (As amended by G.N. No. 319 of 1964) 3. The Minister may, by statutory instrument, make regulations for the Regulations purpose of regulating and controlling the exports of pigs from Zambia, or any part thereof, and prescribing the fees to be paid in respect of proceedings under such regulations. (As amended by G.N. No. 319 of 1964)
Penalty 4. Any person who shall contravene any of the provisions of any regulations made under the provisions of this Act shall be guilty of an offence and liable, on conviction, to a fine not exceeding three thousand penalty units or, in default of payment thereof, to imprisonment with or without hard labour for any period not exceeding six months, or to both.

(As amended by Act No. 13 of 1994) CHAPTER 247 THE CONTROL OF DOGS ACT
ARRANGEMENT OF SECTIONS

Section 1. 2. 3. 4. Short title Interpretation Regulations Fabrication of certificate or badge

CHAPTER 247

CONTROL OF DOGS An Act to amend and consolidate the law relating to the registration and control of dogs and the prevention of rabies; and to provide for matters incidental thereto. [15th March, 1929]

17 of 1929 6 of 1940 3 of 1953 69 of 1965 Act No. 13 of 1994 Government Notices 319 of 1964 497 of 1964

1.

This Act may be cited as the Control of Dogs Act.

Short title

2. In this Act, unless the context otherwise requires"dog", other than in regulations dealing only with registration, includes any tame or partly tame carnivorous animal in captivity.

Interpretation

3. The Minister may, from time to time by statutory instrument, make, Regulations alter and repeal regulations(a) to prohibit or regulate the introduction of dogs into Zambia from all or any of the adjacent countries and to authorise the destruction of any dogs unlawfully introduced into Zambia; (b) to prohibit or regulate the removal of dogs from any place to any other place within Zambia; (c) to authorise or require the control, isolation, inoculation, muzzling or destruction of any dogs within Zambia or any part thereof and to prescribe the manner in which the carcasses of any dogs so destroyed as aforesaid shall be dealt with or disposed of; (d) to prescribe the manner in which and by whom and to whom notice of the fact shall be given if any dog is suspected of suffering from rabies; (e) to provide for the registration of dogs in any particular area and to prescribe the persons or authorities by whom such registration shall be carried out, the forms to be used, the badges to be issued and the fees to be paid, and any other matters or things he deems it necessary to prescribe in connection with such registration; (f) providing that fees collected under this Act by a rural council shall be paid into the general fund of the rural council; (g) to prescribe penalties for the contravention or attempted

contravention of any regulation, such penalties not to exceed one year's imprisonment with or without hard labour or a fine of three thousand penalty units or both; and generally for carrying into effect the purposes or provisions of this Act. (As amended by No. 6 of 1940, No. 3 of 1953, G.N. No. 319 of 1964, No. 69 of 1965 and Act No. 13 of 1994) 4. Any person who shallFabrication of certificate or badge

(a) fabricate any certificate or badge prescribed by any regulations made under the preceding section with intent that it shall be used as a certificate or badge lawfully issued under such regulations; (b) use or utter any fabricated certificate or badge knowing the same to have been fabricated with intent as aforesaid; (c) steal or be found in possession of any certificate or badge issued under such regulations to another person without being able to account satisfactorily for such possession; shall be guilty of an offence against this Act and shall be liable, on conviction, to imprisonment with or without hard labour for a period not exceeding two years.
SUBSIDIARY LEGISLATION

CONTROL OF DOGS THE CONTROL OF DOGS REGULATIONS [ARRANGEMENT OF REGULATIONS]

PART I PRELIMINARY
Regulation 1. Title

2.

Interpretation

PART II REGISTRATION
3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. Application of Part II Power to exempt Application for registration Certificate of registration Collars to be worn Duplicate badge Transfer of ownership of dog Production of dog and certificate Limitation of certificates Prescribed fees Dogs temporarily in area to which Part II applies Destruction of dogs Destruction of stray dogs

PART III IMPORTATION


16. 17. 18 19. Introduction of dogs without permit prohibited Application for permit Preservation and production of permit Disposal of dogs introduced without permit

PART IV

PREVENTION OF RABIES
Regulation 20. 21. 22. 23. Preventive measures Destruction of rabid dog Measures to be taken by owner Suspected rabid dogs

24. Control by Veterinary Officer or Livestock Officer or Veterinary Assistant 25. 26. 27. 28. 29. Disposal of carcass Declaration of infected area Power of Director of Veterinary Services to vary areas Regulations applicable to infected areas Publication in Gazette

PART V PREVENTION OF TRYPANOSOMIASIS


30. 31. Power to seize and detain Prohibition of movement

PART VI MISCELLANEOUS
32. 33. 34. Powers of officers Movement from Veterinary Districts Penalties

FIRST SCHEDULE-Registering authorities

SECOND SCHEDULE-Areas to which the provisions of Part II apply THIRD SCHEDULE-Prescribed forms SECTION 3-THE CONTROL OF DOGS REGULATIONS Regulations by the Minister
Government Notices 1 of 1933 26 of 1933 117 of 1933 7 of 1935 27 of 1935 10 of 1937 58 of 1937 127 of 1938 18 of 1940 35 of 1940 31 of 1943 237 of 1944 268 of 1947 239 of 1948 94 of 1949 95 of 1949 193 of 1949 229 of 1949 230 of 1949 99 of 1950 130 of 1950 287 of 1950 332 of 1950 186 of 1951 208 of 1952 261 of 1953 89 of 1954 264 of 1957 278 of 1957 336 of 1958 36 of 1959 319 of 1964 497 of 1964 Statutory Instruments 29 of 1964 57 of 1965 88 of 1979 222 of 1979 119 of 1982 70 of 1987 130 of 1989 170 of 1989 Act No. 13 of 1994

PART I

PRELIMINARY
1. These Regulations may be cited as the Control of Dogs Regulations. Title 2. In these Regulations, unless the context otherwise requiresInterpretation

"Council" shall have a meaning assigned to it in the Local Government Act. "Director of Veterinary Services" includes a Deputy Director of Veterinary Services; "officer" includes any Registering Authority, Administrative Officer, Veterinary Officer, police officer of or above the rank of Sub-Inspector, officer of the Department of Wildlife, Fisheries and National Parks, Livestock Officer and Veterinary Assistant; "outbreak" means any known or suspected case of rabies; "Registering Authority" means any person specified in the First Schedule; "valid certificate of inoculation" means a certificate issued by an officer or veterinary surgeon and so endorsed by such officer or veterinary surgeon to indicate that the dog has been inoculated in accordance with regulation 4 of the Control of Dogs (Inoculation) Regulations; "Veterinary District" shall have the same meaning as in the Stock Diseases Regulations. (As amended by No. 35 of 1940, No. 31 of 1943, No. 193 of 1949, No. 99 of 1950, No. 278 of 1957, No 36 of 1959, No. 57 of 1965 and No. 130 of 1989)
Cap. 252

PART II REGISTRATION

3.

This Part shall apply to the areas set out in the Second Schedule.

Application of Part II

4. The Minister may, by statutory notice, declare that the provisions of Power to exempt these Regulations or of any Part thereof shall not apply in the case of dogs owned by any specific class of persons, either generally or in any particular area. (No. 229 of 1949 as amended by No. 319 of 1964) 5. Application for registration of any dog as hereinafter provided shall Application for be made to a Registering Authority in the district in which the applicant registration is resident, and such application shall be in Form 1 in the Third Schedule. 6. (1) Every owner or other person having the custody or control of a dog of the apparent age of three months or over shall register such dog and take out in respect thereof a badge and certificate of registration as hereinafter provided. (2) In respect of dogs which are on the 1st January in any year at the apparent age of three months and over, application shall be made for the issue or renewal of a certificate of registration within one month after such date and, in respect of dogs reaching such age between such date and the 31st December next ensuing, application for such certificate shall be made within one month after the dog reaches such age. (3) Such certificate shall be in Form 2 in the Third Schedule and shall expire on the 31st December of each year and shall be renewed annually, and with such certificate there shall be issued to the holder thereof a metal badge stamped with a number and the year of issue, and such number shall be entered on the certificate. (4) A separate certificate shall be issued in respect of each dog registered. (5) Any person applying for a certificate of registration in an area to which the Control of Dogs (Inoculation) Regulations apply shall be
Certificate of registration

required to produce a valid certificate of inoculation in respect of such dog. (As amended by No. 239 of 1948 and No. 278 of 1957)
Collars to be worn 7. Every owner of a dog of the apparent age of three months or over shall cause such dog to wear at all times a collar bearing either the badge issued in respect of such dog or the name and address of the owner.

(No. 130 of 1950 as amended by No. 278 of 1957) 8. On production by the holder of a valid certificate of registration and Duplicate badge on the payment of 1 fee unit, a Registering Authority may issue a duplicate badge in replacement of any badge lost or destroyed. (As amended by Act No. 13 of 1994) 9. On the transfer of any registered dog from one person to another, the Transfer of certificate of registration shall be forwarded to a Registering Authority ownership of dog so that the transferee's name may be endorsed on such certificate. A fee of 1 fee unit shall be payable for such endorsement, which endorsement shall be deemed to constitute an issue of such certificate to the transferee. (As amended by Act No. 13 of 1994)
Production of dog 10. Every person who has in his possession or custody or under his and certificate control a dog in respect of which a certificate of registration is under these Regulations necessary shall, if requested by any officer and within a reasonable time after such request, produce or cause to be produced for inspection any such certificate and the dog in respect of which it was issued.

Limitation of 11. (1) Except with the written consent of the Registering Authority, not more than two certificates or renewals shall be held at the same time certificates by any one household.

(2) Any member of a household who obtains, or attempts to obtain, any certificate or renewal in excess of the maximum prescribed by sub-regulation (1) shall be guilty of an offence. (3) For the purposes of this regulation, the members of a household

shall comprise(a) the person in actual occupation of land or premises without regard to the title under which he holds; and (b) all other persons residing on such land or premises with the express or implied consent of the occupier. (No. 239 of 1948 as amended by S.I. No. 29 of 1964) 12 (1) The fees payable in respect of the issue or renewal of a certificate of registration Prescribed fees shall be(a) In Council areas: Dogs (other than bitches: First Dog .. .. .. .. .. Second and subsequent dogs, each .. .. .. Bitches, each .. .. .. .. .. 6 (b) In Customary areas: Dogs (other than bitches) First dog .. .. .. Second and subsequent dogs, each Bitches, each .. .. .. .. 6 Fee units 5

.. .. ..

.. .. ..

.. .. 5

4 5

(c) Outside Council, areas and reserves and trust land: Dogs (other than bitches): First Dog .. .. .. .. .. .. 5 Second and subsequent dogs, each .. .. .. 6 Bitches, each .. .. .. .. .. 6 (d) Dogs maintained by the Department of National Parks and Wildlife service and certified by an officer of that Department to be maintained for the control of vermin ..

..

Free

(e) Where consent has been given to the holding of more than two certificates or renewals under regulations 11 (1) and where it is certified by the Registering Authority that such additional dogs or bitches are being maintained by a farmer for the protection of stock from vermin, such additional dogs or bitches, each .. .. ..

(2) Where a dog which has already been registered in one area is brought into another area for which a higher registration fee is prescribed, such dog shall again be registered in the latter area and the higher registration fee paid, subject to a rebate equivalent to the fee first

paid. In the event of failure to comply with this sub-regulation, the dog shall be deemed to be unregistered. (3) Fees collected by a rural council shall be paid into the general fund of the rural council. (As amended by No. 35 of 1940, No. 239 of 1948, No. 332 of 1950, No. 336 of 1958, S.I. No. 29 of 1964, S.I. No. 119 of 1982, S.I. No. 70 of 1987, S.I. No. 130 of 1989 and Act No. 13 of 1994)
Dogs temporarily 13. The provisions of this Part shall not apply to any dog introduced into any area to which this Part applies with the permission in writing of in area to which Part II applies a Registering Authority until such dog shall have been in such area for a period of fourteen consecutive days, if such dog is led on a leash or chain when in any street or public place.

14. Any dog over the apparent age of four months, if found without a Destruction of dogs badge issued in respect of such dog, or without a collar bearing its owner's name and address, may be forthwith destroyed by any officer or by the owner or occupier of a farm on which such dog is found straying. (No. 193 of 1949 as amended by No. 130 of 1950 and No. 278 of 1957)
Destruction of 15. (1) Notwithstanding that a dog is registered, if it is found by an stray dogs officer to be so diseased or so severely injured or in such a physical condition that it should be destroyed, it shall be lawful for the officer to destroy the dog-

(a) if the owner of the dog is present and his consent to the destruction is obtained; or (b) if the owner is absent and his presence cannot be obtained without undue delay, the consent to the destruction of some relative or other representative of full age of the owner is obtained; or (c) if, on such consent as aforesaid being unobtainable by reason of the refusal of the owner, or the absence or refusal of all his relatives or other representatives of full age(i) a veterinary surgeon, or if no veterinary surgeon be within reasonable distance, some other officer, having duly examined the dog, gives a certificate that the dog is in his opinion so diseased or so

seriously injured or in such physical condition that it is cruel to keep it alive; or (ii) if, no veterinary surgeon or other officer being within reasonable distance, the presence of one or more of the following persons is obtained as a witness: a chief; a councillor of a rural council; a village headman; a district messenger; a scout of the Department of Wildlife, Fisheries and National Parks; a game guard; a veterinary assistant; a veterinary orderly; a forest ranger; a forest guard; a dispensary assistant; or a rural council kapasu. (2) Any officer who destroys any dog or causes or procures it to be destroyed under the provisions of this regulation shall ensure that the carcass of such dog is buried. (3) Any expenses which may be reasonably incurred by any officer in carrying out the provisions of this regulation may be recovered from the owner as a civil debt. (No. 332 of 1950 as amended by No. 186 of 1951)

PART III IMPORTATION


16. (1) No person shall introduce or cause to be introduced into Zambia Introduction of any dog except under a permit in writing issued by or under the direction dogs without permit prohibited of the Director of Veterinary Services and in accordance with such conditions as may be endorsed on such permit. (2) The issue or withholding of such permit shall be entirely at the

discretion of the Director of Veterinary Services.


Application for 17. All applications for permits for the importation of dogs shall be made at the office of the Director of Veterinary Services or of an officer. permit

18. The permit issued under regulation 16 must accompany a dog upon Preservation and its introduction into Zambia and thereafter be preserved for a period of production of permit not less than six weeks. Any such permit shall upon demand be produced to any officer.
Disposal of dogs 19. Any dog introduced into Zambia without a permit under these Regulations, or dealt with in violation of any condition endorsed on any introduced without permit such permit, may be seized and placed in quarantine or destroyed or otherwise dealt with by any officer as the Director of Veterinary Services shall direct.

PART IV PREVENTION OF RABIES


20. (a) (b) Any person knowing or suspecting that any doghas bitten any person without any apparent cause; or is infected with or suffering from rabies; or
Preventive measures

(c) has been in contact with any dog or other animal known or suspected to be infected with or suffering from rabies; shall immediately notify the nearest officer. Such officer, if other than a Veterinary Officer or Livestock Officer or Veterinary Assistant, shall immediately convey such notification to the nearest Veterinary Officer or Livestock Officer or Veterinary Assistant and to the Director of Veterinary Services. 21. (1) Any person knowing that a dog is suffering from rabies may destroy such dog. (2) The owner or person in charge of a dog known to be suffering from
Destruction of rabid dog

rabies shall immediately destroy such dog. 22. The owner or other person in charge of a dog which(a) (b) or has bitten any person without any apparent cause; or is suspected of being infected with or to be suffering from rabies;
Measures to be taken by owner.

(c) is suspected of having been in contact with any dog or other animal known or suspected to be infected with or suffering from rabies; shall either destroy such dog or shall secure and confine and keep secured and confined such dog, so as effectively to prevent it having access to any person, dog or other animal and to prevent any dog or other animal or any person (other than the owner or person in charge) having access to it. 23. Any person having reasonable suspicion that any dog is suffering Suspected rabid from rabies may, if such dog is not secured and confined as provided for dogs in these Regulations, destroy such dog. 24. A Veterinary Officer or Livestock Officer or Veterinary Assistant may at any time take control of any dog if, in his opinion, it is advisable to do so for the purpose of close observation of any dog suspected of rabies or for the prevention of rabies, and may, in his discretion, destroy or order the destruction of such dog. 25. The carcass of any dog destroyed under this Part shall be thoroughly burnt and the ashes buried at a depth of not less than 1220 millimetres. Provided that any officer may himself preserve or direct the preservation of any parts of such carcass under proper precautions for scientific investigation. 26. (1) As soon as an officer knows of an outbreak, he may exercise within the Veterinary District under his control all or any of the following powers: (a) declare any area to be an infected area;
Declaration of infected area Control by Veterinary Officer or Livestock Officer or Veterinary Assistant

Disposal of carcass

(b) prohibit the movement of dogs from any place or area to any other place or area; (c) issue such order as to movement, prohibition of movement, quarantine or isolation of dogs as he may consider necessary to prevent the spread of the disease. (2) Every declaration, prohibition or order shall be in writing under the hand of the officer making or issuing the same, and such officer shall take immediate steps to make known such declaration, prohibition or order to all persons affected thereby. (No. 31 of 1943) 27. It shall be lawful for the Director of Veterinary Services at any time to cancel, vary or extend any infected area, and such cancellation, variation or extension shall be notified in the same manner as provided in regulation 26 to the persons affected thereby.
Power of Director of Veterinary Services to vary area

28. (1) As soon as any area shall have been declared an infected area, Regulations the following regulations shall immediately apply to such area and shall applicable to infected areas continue in force until such area is declared by the Director of Veterinary Services to be no longer infected: (a) such animals included in the expression "dog" as shall be specified by the Director of Veterinary Services or any officer declaring an infected area, either at the time or subsequent to the time of such declaration, shall be secured by the owner so as effectively to prevent any such animal having access to any person or to any dog or other animal and to prevent any dog or other animal or any person (other than the owner or person in charge) having access to it: Provided that the Director of Veterinary Services may, in his discretion, order that in substitution for such securing as aforesaid any dog shall be effectively muzzled; (b) any such animal as specified not secured or muzzled as provided for in paragraph (a) may be destroyed by or under the direction of any officer; (c) no person shall introduce or cause to be introduced into or

remove or cause to be removed from an infected area any dog: Provided that the Director of Veterinary Services may grant a permit for the transit by rail of any dog through an infected area on condition that such dog is not detrained at any point within an infected area. (2) For the purposes of this regulation, "owner" includes any person, not being a servant of the owner, in charge of a dog. (As amended by No. 208 of 1952) 29. In addition to such notification as is prescribed in these Regulations, every declaration as to an infected area shall be published in the Gazette.
Publication in Gazette

PART V PREVENTION OF TRYPANOSOMIASIS


30. Wherever at any place within Zambia any dog is found affected or Power to seize and detain reasonably suspected of being affected with trypanosomiasis, any officer may, by written order under his hand, direct that such dog shall be seized and detained at such place or be removed for detention to any other place for such period as may be deemed necessary to prevent the spread of the disease, or may direct that such dog be destroyed or otherwise dealt with in any manner necessary for preventing the removal of such dog to other places or the spread of the disease. (No. 31 of 1943)
Prohibition of 31. (1) As soon as an officer knows of any case or of any suspected case of trypanosomiasis, he may exercise within the Veterinary District movement under his control either or both of the following powers:

(a) prohibit the movement of dogs from any place or area to any other place or area;

(b) issue such order as to movement, prohibition of movement, quarantine or isolation of dogs as he may consider necessary to prevent the spread of the disease. (2) Every prohibition or order shall be in writing under the hand of the officer making or issuing the same, and such officer shall take immediate steps to make known such prohibition or order to persons affected thereby. (No. 31 of 1943)

PART VI MISCELLANEOUS
32. An officer issuing any prohibition or order under the provisions of Powers of officers these Regulations may himself carry out the same or cause it to be carried out if the party to whom it was given does not comply with the terms of the prohibition or order. (No. 31 of 1943) 33. No dog may be moved into or out of such Veterinary Districts as the Minister may specify by Gazette notice, unless a permit in writing has first been obtained from the Veterinary Officer who may, in his discretion, at any time cancel, vary, amend or refuse to issue such permit. (No. 31 of 1943 as amended by No. 319 of 1964) 34. Any person contravening any of the provisions of these Regulations, or refusing or failing to comply with the requirements of any notice or lawful order or direction of any officer issued hereunder, shall be liable to a fine not exceeding three thousand penalty units. (As amended by No. 237 of 1944, S.I. No. 170 of 1989 and Act No. 13 of 1994)
Penalties Movement from Veterinary Districts

FIRST SCHEDULE
(Regulation 2)

REGISTERING AUTHORITIES
(1) The Town Clerk in municipalities.

(2) All Administrative Officers in any area outside a municipality or township in respect of which a township council has been established pursuant to the provisions of section 7 of the Local Government Act. (3) (4) Rural councils in respect of dogs within the area of their control. All township councils.

(No. 239 of 1948 as amended by No. 264 of 1957)

SECOND SCHEDULE
(Regulation 3)

AREAS TO WHICH THE PROVISIONS OF PART II APPLY


All areas of the Republic (As amended by S.I. No. 222 of 1979)

THIRD SCHEDULE
PRESCRIBED FORMS GOVERNMENT OF ZAMBIA THE CONTROL OF DOGS REGULATIONS

FORM 1 (Regulation 5)
APPLICATION FOR REGISTRATION I hereby apply for a Certificate of Registration for one dog hereunder described for which I enclose the sum of fee units ............... Dated this Signature Description of Dog. Breed Sex Colour, markings, etc., for purpose of identification day of ............................................. 19 ...............

GOVERNMENT OF ZAMBIA THE CONTROL OF DOGS REGULATIONS

FORM 2 (Regulation 6)
CERTIFICATE OF REGISTRATION Certificate No This is to certify that one dog hereunder described, the property of of , has been registered for the year ending 31st December, has been issued. day of ............................................. 19 ............... 19 ..............., and that Badge No. Dated this Signature Title Station Description of Dog. Breed Sex Colour, markings, etc., for purpose of identification

SECTION 3-THE CONTROL (INOCULATION) REGULATIONS Regulations by the Minister

OF

DOGS Government

Notices 108 of 1953 198 of 1953 224 of 1954 286 of 1954 60 of 1955 168 of 1956 279 of 1957 218 of 1958 37 of 1959 53 of 1959 160 of 1960 135 of 1959 37 of 1961 130 of 1963 Statutory Instruments 162 of 1971 Act No. 13 of 1994

1. These Regulations may be cited as the Control of Dogs (Inoculation) Title and application Regulations, and shall apply to the areas set forth in the Schedule. 2. In these Regulations, unless the context otherwise requiresInterpretation

"Director" means the Director in Charge of Veterinary Services; "dog" means any animal of the canine species which is over the apparent age of three months; "inoculation" means inoculation with a rabies vaccine approved by the Director, and "inoculated" and "re-inoculated" shall be construed accordingly; "officer" includes any Registering Authority, Administrative Officer, Veterinary Officer, police officer, officer of the Department of Wildlife, Fisheries and National Parks, Livestock Officer and Assistant Livestock Officer; "valid certificate of inoculation" means a certificate issued by an officer or veterinary surgeon and so endorsed by the said officer or veterinary

surgeon as to indicate that the dog has been inoculated in accordance with the provisions of regulation 4. (As amended by No. 193 of 1953, No. 279 of 1957 and No. 37 of 1959) 3. (1) The Director may notifyNotification of inoculation centres, etc.

(a) (b) (c)

the places; the dates; and the times;

at or upon or within which inoculation of dogs shall take place in any area to which these Regulations apply or in any part of such area. (2) Notification under the provisions of this regulation shall be given, at least fourteen days before inoculation is to take place, by publication in the Gazette and by advertisement in some newspaper circulating in the area concerned, and in any other manner which the Director may think fit. 4. Every person having, within an area to which a notification given under regulation 3 applies, the ownership, custody or control of any dog(a) which has not been inoculated; or (b) which has been inoculated on attaining the age of three months but which has not been re-inoculated after an interval of six months from primary inoculation irrespective of the age of the dog at primary inoculation; (c) which has not been re-inoculated within three years of a second or subsequent inoculation. shall present such dog for inoculation or re-inoculation, as the case may be, at one of the places and within the dates and times specified in such notification. (As amended by No. 286 of 1954, No. 279 of 1957 No. 37 of 1961 and S.I. No. 162 of 1971)
Inoculation of dogs

5. For every inoculation or re-inoculation of any dog there shall be paid such fee as the Director may prescribe.

Prescribed fees

Production of 6. Every person who has in his possession or custody or under his control a dog in respect of which a certificate of inoculation is necessary certificates under these Regulations shall, if requested by any officer and within seven days after such request, produce or cause to be produced for inspection any such certificate and the dog in respect of which it was issued.

(No. 198 of 1953 as amended by No. 279 of 1957)


Penalty 7. Any person who refuses or fails to comply with any of the provisions of these Regulations shall be guilty of an offence and shall be liable, on conviction, to a fine not exceeding seven hundred and fifty penalty units.

(As amended by Act No. 13 of 1994)

SCHEDULE (Regulation 1)
AREAS TO WHICH THE CONTROL OF DOGS (INOCULATION) REGULATIONS APPLY
Chililabombwe Kabwe Chibuluma Township Chililabombwe Township Chingola Municipality Chipata Township Choma Township City of Kitwe City of Ndola Fisenge Township Garneton Township Kabwe Municipality Kafue Township Kalomo Township Kalulushi Township The following area: Kansuswa Township Kasompe Township Livingstone Municipality Luanshya Municipality Mazabuka Township Mbala Township Monze Township Mufulira Township Mufulira Municipality Nehanga Township Nkana Township Roan Antelope Township Twapia Township

Starting on the western edge of the Zambia Railways 100 yards Strip Reserve at Beacon Y400, the south-eastern corner beacon of Farm No. 1139, the boundary runs in a straight line in a south-easterly direction across the said strip reserve to Beacon LL on its eastern edge and at the north-western corner of Farm No. 610, "Foxdale"; thence along the northern boundaries of the said farm and Farm No. 609, "Foxdale", through Beacon H176, to Beacon N, the north-eastern corner beacon of the latter farm; thence along the south-eastern boundary of this farm to Beacon B76, the north-eastern corner beacon of Farm No. 440a, "Bordeaux"; thence along the eastern boundaries of this farm and Farm No. 377a, "Kabulonga", through Beacon B75 to Beacon B79, the north-eastern corner beacon of Farm No. 488, "Twin Palm" 211; thence along the north-eastern boundary of this farm to Beacon B83, its most easterly corner beacon; thence in a straight line in a south-westerly direction across Farm No. 487a, "Namobiro", to Beacon W118, the south-western corner beacon of this farm; thence in a straight line in a westerly direction to Beacon C382, the north-eastern corner beacon of Farm No. 919; thence following the eastern and southern boundaries of this farm through Beacon C383, to Beacon B104, its south-western corner beacon on the eastern edge of the Zambia Railways 100 yards Strip Reserve; thence in a straight line in a westerly direction across the said strip reserve to Beacon B106, on its western edge and at the south-eastern corner of Farm No. 400a, "Mariandale"; thence along the southern and

western boundaries of this farm through Beacon B110, to Beacon B108, the south-eastern corner beacon of Farm No. 397a, "Chipwenupwenu"; thence along the southern boundaries of this farm and Farm No. 396a, "Paaineers Rust", through Beacon B119 to Beacon BB5 of the latter farm; thence in a straight line in a north-westerly direction across this farm to Beacon BC101, the south-western corner beacon of Farm No. 687, "Mandevu"; thence along the western boundary of this farm to Beacon CL02, the southermost corner beacon of Farm No. 15a, "Dagbreek", and also the south-western corner beacon of the unsurveyed farm leased to Mr. CM. Eksteen; thence northwards along the western boundary of the latter farm to Beacon EX3, the south-western corner beacon of Farm No. 873, "Lilanda"; thence along the western boundary of this farm through Beacon EX4 to Beacon H313, the south-western corner beacon of Farm No. 874; thence along the western and northern boundaries of this farm, through Beacon P6, to Beacon H311, its north-eastern corner beacon; thence along the northern boundary of Farm No. 873, "Lilanda", to Beacon P5, the southernmost corner beacon of Farm No. 693, "Namando"; thence along the south-eastern and eastern boundaries of this farm through Beacon P5a and following the western bank of the Namando River to its junction with the southern bank of the Chunga River near Beacon P10; thence eastwards along the southern bank of the Chunga River following its most northerly course to its source; thence south-eastwards in a straight line to Beacon C268, the north-eastern corner beacon of Farm No. 875, situated on the western edge of the Zambia Railways 100 yards Strip Reserve; thence north-eastwards along the western edge of the Zambia Railways 100 yards Strip Reserve to Beacon Y396, the south-eastern corner beacon of Farm No. 1138; thence north-westwards, north-eastwards and south-eastwards along the boundaries of that farm through Beacons Y397 and Y398 to Beacon Y399, situated on the western edge of the Zambia Railways 100 yards Strip Reserve; thence northwards along the western edge of the Zambia Railways 100 yards Strip Reserve to Beacon Y400, the point of starting. (As Amended by No. 244 of 1954, No. 60 of 1955, No. 168 of 1956, No. 279 of 1957, No. 218 of 1958, Nos. 53 and 160 of 1959, No. 135 of 1960 and No. 130 of 1963)

CHAPTER 248 THE CATTLE CLEANSING ACT


ARRANGEMENT OF SECTIONS

Section 1. 2. 3. 4. 5. Short title Interpretation Owners in any area may petition Minister to apply Act Minister to publish petition and call for objections If objections predominate, Minister shall refuse petition

6. If petition granted, notice applying Act and describing area to be published 7. 8. 9. duties 10. Power to apply Act in event of a serious outbreak of disease Owners to clean their cattle Powers of inspectors and penalty for hindering in execution of Penalty on failure to clean cattle at prescribed intervals

11. Director of Veterinary Services may temporarily exempt owners 12. 13. Owners may be required to provide facilities in respect of cattle Government may act on behalf of absentee owners

14. Tick destroying agent sold must conform to prescribed standard 15. Certificate of analyst to be evidence 16. Prohibition on movement of cattle into declared area without permit 17. 18. Regulations General penalty

CHAPTER 248

CATTLE CLEANSING

15 of 1930 47 of 1963 Government

An Act to provide for the cleansing of cattle; to provide for application to declared areas and in the event of a serious outbreak of disease; and to provide for matters incidental thereto. [11th April, 1930]

Notices 319 of 1964 497 of 1964 Statutory Instrument 57 of 1965 Act No. 13 of 1994

1.

This Act may be cited as the Cattle Cleansing Act.

Short title

2. In this Act, unless the context otherwise requires"cattle" means bulls, cows, heifers, calves and oxen, and any other animals to which this Act may be applied by the Minister by statutory notice; "to clean" means the maintaining of cattle free from tick infestation by submerging such cattle in a dipping tank containing an effective tick destroying agent, and/or by hand dressing and clipping in such manner as the Director of Veterinary Services may from time to time prescribe by statutory notice; "dipping tank" means any contrivance for the cleaning of cattle by submerging, and structures incidental thereto approved by the Director of Veterinary Services; "effective tick destroying agent" means an aqueous solution containing the equivalent of 0.16 per centum of arsenious oxide or such other percentage of arsenious oxide or such other ingredients in such proportion as the Minister may, from time to time, prescribe by statutory notice; "engorged tick" means any tick obviously distended with blood; "inspector" means any Government Veterinary Officer or Government Livestock Officer and Assistant Livestock Officer and other person duly appointed to carry out the provisions of this Act; "owner", as applied to land, includes any person in actual occupation of or entitled as owner, lessee, or licensee to occupy any land, or the representative of any such person;

Interpretation

"owner", as applied to cattle, includes every person claiming jointly or severally any right, title or interest in any cattle in his possession, or having charge, control or management of cattle, as well as the owner of land in respect of cattle belonging to his servants and running on such land; "tick infestation" means ten or more engorged ticks. (As amended by G.N. No. 319 of 1964) 3. The owners of land in any area may petition the Minister in writing to apply the provisions of this Act in such area as may be asked for in the petition. Such petition shall clearly describe the boundaries of the said area and the approximate number of cattle within such area. (As amended by G.N. No. 319 of 1964)
Minister to publish 4. The Minister shall, on the receipt of a petition as aforesaid, cause petition and call for notice of the same to be published in the manner he may deem best objections calculated to reach all owners of land and cattle in the area mentioned in the petition. Such notice shall set out the boundaries of the area and shall call upon such owners to lodge in writing, within a reasonable time to be fixed by such notice, objections (if any) to the petition being acceded to, accompanied by a statement as to the area of land and the number of cattle belonging to such owner. Owners in any area may petition Minister to apply Act

(As amended by G.N. No. 319 of 1964) 5. The Minister shall, on the expiration of the period fixed for receiving objections, consider the petition and objections thereto, together with such further information (if any) as he may deem necessary to call for or take into consideration in connection therewith and shall thereafter grant or refuse the petition: Provided however that in no case shall a petition be acceded to if objections are received from the owners of one-third of the land included within such area. (As amended by G.N. No. 319 of 1964) 6. Upon the Minister acceding to a petition as aforesaid, he shall, by statutory notice, apply the provisions of this Act, as from such date as may be mentioned therein, to the area the boundaries whereof shall be
If petition granted, notice applying Act and describing If objections predominate, Minister shall refuse petition

described in such notice. For the purposes of this Act, such area shall be area to be published known as a "declared area." (As amended by G.N. No. 319 of 1964) 7. Notwithstanding anything to the contrary hereinbefore contained, the Minister may, upon a serious outbreak of disease as defined by section two of the Stock Diseases Act, by statutory notice apply the provisions of this Act to such area or areas as may be described in such notice. (As amended by G.N. No. 319 of 1964) 8. From and after the date upon which this Act comes into operation within any declared area, all owners of cattle within such area shall clean their cattle at such intervals as may be prescribed. 9. Every inspector shall have full power and authority to inspect and count any cattle at any time, and to take a sample or samples from the contents of any dipping tank, and to call upon all owners to produce all cattle in their possession or under their control for the purpose of inspection or enumeration. Every owner shall advise the nearest inspector of the usual date and place of dipping his cattle and of any change of such date or place. Any person who shall refuse to allow any inspector to enter upon any land or premises or to examine cattle, or who shall impede or hinder or attempt to impede or hinder any such inspector in the execution of his duties, shall be liable, on conviction, to a fine not exceeding one thousand five hundred penalty units or, in default of payment, to imprisonment with or without hard labour for a period not exceeding three months. (As amended by Act No. 13 of 1994) 10. The owner of cattle, notwithstanding that such cattle are free from tick infestation, shall be liable to the penalties prescribed in the last preceding section if it is shown that he has failed to clean them at such intervals as may be prescribed: Provided that should it appear that it was impossible or inexpedient to clean such cattle within such prescribed intervals, the onus of proof of which shall be on the owner, the said interval may be exceeded but in no case beyond fourteen days in all.
Penalty on failure to clean cattle at prescribed intervals Owners to clean their cattle Power to apply Act in event of a serious outbreak of disease. Cap. 252

Powers of inspectors and penalty for hindering in execution of duties

11. The Director of Veterinary Services or any person duly authorised by him thereto in writing may, for considerations of weather, drought or condition of the cattle, or for other causes beyond the control of the owner, temporarily exempt owners in any declared areas from the provisions of section eight, and may during such period prescribe the interval of cleaning. A list of all exemptions granted under this section shall be posted whilst in operation, at the magistrate's office and all police stations in the district and at the inspector's office in the declared area in which the cattle affected are located. No movement of cattle shall be permitted from any declared area in which exemption from dipping under this section is in force unless the cattle are twice cleaned within fourteen days immediately prior to removal. 12. The owners of land on which owners of cattle reside may be required by the Minister to provide facilities, including, if necessary, the erection and maintenance of dipping tanks and the provision of effective tick destroying agents, for the cleaning of such cattle on terms and conditions to be approved of by the Minister. Any owner of land failing to make provision as aforesaid shall be liable, on conviction, to a fine not exceeding one thousand five hundred penalty units or, in default of payment, to imprisonment with or without hard labour for a period not exceeding three months, but the payment of such fine or the undergoing of such imprisonment shall not relieve the said owner of his obligation to provide the said facilities. (As amended by No. 47 of 1963, G.N. No. 319 of 1964 and Act No. 13 of 1994)

Director of Veterinary Services may temporarily exempt owners

Owners may be required to provide facilities in respect of cattle

Government may 13. Should any person own land with cattle thereon, the property of such person, and be absent from or not have a representative or agent in act on behalf of absentee owners Zambia having authority to carry out the terms of this Act, the Minister may authorise the due performance of the terms of this Act in such manner as he may deem expedient, and any disbursements thereby incurred shall be recoverable by summary sale by auction of sufficient cattle and goods, the property of such person, to repay the said disbursements.

(As amended by G.N. No. 319 of 1964 and S.I. No. 57 of 1965) 14. It shall be unlawful for any person to sell or offer for sale as an effective tick destroying agent any article or fluid which does not conform to the standard prescribed under this Act.
Tick destroying agent sold must conform to prescribed standard

15. In any proceedings under this Act, a certificate of analysis under the hand of an analyst shall be evidence of the facts therein contained.

Certificate of analyst to be evidence

16. No movement of cattle shall be permitted from any area in which this Act is not in operation to any declared area unless the cattle have been twice cleaned within fourteen days immediately prior to removal or until such time as an inspector shall certify them as free from ticks. The movement of such cattle shall only be by permit issued by an inspector and shall be subject to such conditions as shall be endorsed upon the permit. 17. The Minister may, by statutory instrument, make regulations prescribing the intervals at which cattle shall be cleaned and providing generally for the better carrying out of the objects and purposes of this Act. (As amended by G.N. No. 319 of 1964)

Prohibition on movement of cattle into declared area without permit

Regulations

18. Any person contravening the provisions of this Act, for which no General penalty penalty is expressly provided, or the provisions of any regulations made thereunder, shall be liable, on conviction, to a fine not exceeding one thousand five hundred penalty units or, in default of payment, to imprisonment with or without hard labour for a period not exceeding three months. (As amended by Act No. 13 of 1994) CHAPTER 249 THE TSETSE CONTROL ACT
ARRANGEMENT OF SECTIONS

Section 1. 2. 3. 4. 5. Short title Interpretation Declaration of tsetse fly areas Orders in respect of tsetse fly areas Regulations

6. Powers of Minister in respect of private land; and compensation for damage 7. 8. 9. 10. Arrest without warrant of person suspected of offence Powers of search and seizure Indemnity Penalties
35 of 1941 32 of 1954 11 of 1956 41 of 1959 46 of 1963 25 of 1969 13 of 1994 Government Notices 3 319 of 1964 497 of 1964

CHAPTER 249 TSETSE CONTROL An Act to make better provision for the control and prevention of the spread of tsetse flies; and to provide for matters incidental thereto. [30th December, 1941]

1. This Act may be cited as the Tsetse Control Act. 2. In this Act, unless the context otherwise requires"Director" means the Director of Veterinary Services; "domestic animal" includes any horse, mare, gelding, bull, cow, ox, heifer, steer, calf, mule, ass, sheep, lamb, hog, pig, sow, goat, fowl, ostrich, dog, cat, or any other domesticated animal, fowl or bird, and any wild animal, fowl, bird or reptile in a state of captivity; "licence" means a pass book issued in accordance with the provisions of this Act and regulations made thereunder; "licensing authority" means such officers as are authorised in writing by the Director to issue licences; "occupier" means any person in actual lawful occupation of land without regard to the title under which he occupies such land, and includes the owner, or any manager or other person who is authorised to represent the owner of land, who actually resides on such land;

Short title

Interpretation

"officer" means the Director, any officer of the Department of Veterinary Services, any police officer not below the rank of Assistant Inspector or any person authorised in writing by the Director; "owner", used with reference to immovable property, includes any person receiving rent or profits from any tenant or occupier thereof or who would receive such rent or profits if the premises were let, whether on his own account or as agent for any other person; "private land" means any land, other than Reserves and Trust Land, the ownership of which has by law, grant or title deed become vested in any person other than the President, and includes any land held by any person under any agreement whereby such person is entitled to obtain from the President title thereto on the fulfilment by him of the conditions prescribed by such agreement; "produce" includes fish, meat, and crops; "tsetse control picket" means any barrier erected on any road or recognised footpath in terms of section five (2) (g); "tsetse fly area" means any area defined and declared in terms of section three to be a tsetse fly area; "tsetse fly control area" means an area defined and declared in terms of section three to be a tsetse fly control area; "vehicle" means any carriage or conveyance for use upon land or water, or any aircraft. (As amended by No. 11 of 1956, No. 41 of 1959 and No. 25 of 1969) 3. The Minister may, by statutory notice, declare any defined area to be Declaration of tsetse fly areas tsetse fly area or a tsetse fly control area. (As amended by No. 32 of 1954, No. 41 of 1959 and G.N. No. 319 of 1964) 4. The Minister may, by statutory order, provide for the introduction of Orders in respect of tsetse fly areas any of the following measures in respect of any tsetse fly area or part Cap. 197 thereof and may confer powers and impose duties on any officer or any

owner or occupier of private land in connection with the carrying out and enforcement of such measures: (a) the destruction of any or all animals not being domestic animals; (b) the cutting, clearing or removal by any means of any trees, timber or vegetation where the continued existence of tsetse flies is, in the opinion of the Minister, shown to be dependent on the presence of such trees, timber or vegetation; (c) the control of bush fires in terms of the Environments Laws for the time being in force; (d) the removal of any persons or domestic animals from the area or any part thereof where, in the opinion of the Minister, such removal is considered necessary for the application of any scheme for the eradication or effective control of tsetse flies; (e) the application of insecticides to clear an area of tsetse flies: Provided that, subject to the provisions of section six, no such order shall apply to private land without the consent of the owner or occupier thereof. (As amended by No. 11 of 1956, G.N. No. 319 of 1964 and No. 25 of 1969)

Regulations 5. (1) For the purposes of this Act, the terms "persons" "domestic animals" and "vehicles" shall include any baggage or other articles whatsoever carried by or on such persons, domestic animals or vehicles.

(2) The Minister may, by statutory instrument, make regulations for the following purposes, namely: (a) prohibiting the travel or movement of persons, domestic animals and vehicles to, from or within a tsetse fly area or a tsetse fly control area; (b) restricting such travel or movement to certain defined routes;

(c) restricting such travel or movement to fixed periods of the day or night; (d) providing that no such travel or movement shall take place unless it is interrupted at certain intermediate points for prescribed

periods; (e) providing for the inspection by officers of persons, domestic animals and vehicles upon such travel or movement taking place, for the purpose of detecting the presence of tsetse flies, and for the introduction and enforcement of measures for ridding such persons, domestic animals and vehicles of tsetse flies; (f) providing for the protection of loads on vehicles by tarpaulins or similar coverings for the purpose of preventing the ingress of tsetse flies amongst the loads; (g) providing for the establishment of tsetse control pickets and check points on roads and recognised footpaths; (h) providing for the inspection by officers at such tsetse control pickets and check points of persons, domestic animals and vehicles, for the purpose of detecting the presence of tsetse flies, and for the introduction and enforcement of measures for ridding such persons, domestic animals and vehicles of tsetse flies; (i) preventing the entry, introduction, or carrying of tsetse fly into a tsetse fly control area or areas and for matters incidental to such purposes; (j) regulating or prohibiting, except under licence, the performance of any specified act or the carrying on of any operation (which may include trading), whether within or outside a tsetse fly control area, where such regulation or prohibition is reasonably required for the purpose of controlling the spread of tsetse fly to the danger of human beings or of livestock; (k) providing for the issue and revocation of licences for the performance of any act or the carrying on of any operation which is mentioned in paragraph (j); (l) providing that the issue and revocation of such licences shall be in the absolute discretion of the licensing authority; (m) prescribing the form of such licences, the conditions attaching to them, the conditions precedent to their issue and the periods of their validity and providing for the production of licences to officers;

(n)

prescribing the fees payable for such licences;

(o) providing for the carrying and production of pass books to officers; (p) requiring the holder of any pass book to prove, in such manner as may be specified by regulation, that he has complied with the provisions of any regulation made under this Act and any conditions in his pass book; (q) requiring any person found to be trading in any place in Zambia in any produce which there is reasonable ground to believe may have been obtained directly or indirectly from any tsetse fly control area to satisfy any officer, upon demand by such officer, that such produce was obtained in and transported from such area in accordance with the provisions of this Act and regulations made thereunder or was not obtained directly or indirectly from such area; (r) generally for the better carrying into effect of the provisions of this Act. (As amended by No. 11 of 1956, No.41 of 1959 and G.N. No. 319 of 1964) 6. (1) The Minister may order any officer to take such steps as may be necessary for the introduction on private land of any measures that may be lawfully introduced under this Act, and require the owner or occupier of such land to permit the introduction of such measures and, if he shall think fit, may order the payment out of public funds of such sum as he shall consider adequate as compensation to any owner or occupier of such land. A Gazette notice that an owner or occupier is required to permit such measures shall be sufficient notice to any such owner or occupier that such order has been made. (2) The Minister may, in like manner, pay compensation to any person who suffers any damage or loss as a result of any measures lawfully introduced under this Act on land other than private land. (As amended by No. 46 of 1963, G.N. No. 319 of 1964 and No. 25 of 1969)
Powers of Minister in respect of private land; and compensation for damage

7. (1) Any officer may, without warrant, arrest any person reasonably suspected of having committed an offence against this Act or any regulations made thereunder, if such person refuses to give his name and address to such officer or gives a name and address which such officer has reason to believe is false, or if such officer has reason to believe that such person will abscond. (2) Every officer making an arrest under subsection (1) shall, without unnecessary delay, take or have the person so arrested brought before a court of competent jurisdiction to be dealt with according to law. (No. 41 of 1959) 8. (1) If any officer has reasonable grounds for believing that any person has committed an offence against this Act or any regulations made thereunder, he may(a) require any such person to produce for inspection any produce in such person's possession in relation to or in connection with which an offence appears to such officer to have been committed; (b) enter and search any vehicle or boat in the possession of such person and open and search any baggage or loads or any other thing in the possession of such person; (c) seize and detain any produce in relation to or in connection with which an offence appears to such officer to have been committed, whether or not it is in the immediate possession of any person. (2) Any produce seized and detained under the provisions of subsection (1) that is perishable shall be immediately sold. (3) Any person from whom any produce was seized or detained and sold under the provisions of this section shall be forthwith taken before a competent court to be dealt with according to law. (4) Such court may order that the produce seized and detained under the provisions of this section, or the proceeds of sale of such produce as has been sold, shall be forefeited to and become the property of the Government or be returned to the person from whom such produce was

Arrest without warrant of person suspected of offence

Powers of search and seizure

seized, as the justice of the case requires. (No. 41 of 1959) 9. Any person exercising the powers and doing the acts authorised or Idemnity permitted under this Act or any regulations made thereunder shall not be liable to any action or other proceeding for or in respect of any damage or injury he may accidentially or inadvertently cause to any vehicle, boat or produce, or for or in respect of any act or matter done or omitted to be done in good faith in the exercise or supposed exercise of the powers of this Act or any order or rule made thereunder. (No. 41 of 1959) 10. Any person who contravenes any regulation made under this Act, Penalties or who fails to comply with any order lawfully issued hereunder, shall be guilty of an offence and liable to a fine not exceeding three thousand penalty units or, in default of payment, to imprisonment for a period not exceeding six months. (As amended by No. 41 of 1959 and Act No. 13 of 1994)
SUBSIDIARY LEGISLATION

TSETSE CONTROL

CAP. 249

SECTION 3-DECLARATION OF TSETSE FLY AREAS


Notices by the Minister

THE CHINGOLA WEST TSETSE FLY AREA


The area is situate in the Chingola District and comprises approximately 160 square kilometres, the boundaries whereof are more particularly described as follows: Starting at the point on the western boundary of Mr. B. Rudge's farm, where it is intersected by the northern boundary of the Chingola-Solwezi 320 kilometres wide road reserve, the boundary follows the north-western boundary of Mr. Rudge's farm in a north-easterly direction to the point where it is intersected by the eastern

Government Notice 270 of 1953

edge of the motor track to Mr. Evan's small-holding on the Kafue River; thence northwards along the eastern edge of this motor track and skirting the boundaries of Mr. Evan's smallholding, so as to include it within the area, to the right bank of the Kafue River; thence generally westwards along the right bank of the Kafue River to a point on it where it is met by the western edge of the motor track leading to Mr. Hepker's recreational plot; thence in a southerly direction along the western edge of this motor track to the point where it is intersected by the northern boundary of the Chingola-Solwezi 320 kilometres wide road reserve; thence generally eastwards along the northern boundary of the Chingola-Solwezi 320 kilometres wide road reserve to the point of starting.

THE CHIPENGALI TSETSE FLY AREA


The area is situate in the Chipata District and comprises approximately 1008 square kilometres, the boundaries whereof are more particularly described as follows: Starting at the junction of the Mchenche Stream with the Rukuzi River, the boundary follows up the Mchenche Stream to its source near the Chipata-Lundazi District boundary; thence in a general easterly and south-easterly direction along the Chipata-Lundazi District boundary to the point where it intersects the Chipata-Lundazi main road; thence southwards along this road to the point where it intersects the Chipengali River near its source; thence down the Chipengali River to its junction with the Rukuzi River; thence down the Rukuzi River to the point of starting.

Government Notice 215 of 1954

THE EASTERN LUNGA AND LUSWISHI CATCHMENT TSETSE FLY AREA


The area is situated in the Kasempa, Solwezi, Mumbwa, Kabwe Rural and Ndola Rural Districts, the boundaries whereof are more particularly described as follows: From the confluence of the Lufupa and Kafue Rivers, the boundary follows up the Lufupa River to its source; thence in a straight line due north to a point on the common boundary of the Kasempa and Solwezi Districts; thence in an easterly direction along this boundary to the confluence of the Luma and Lunga Rivers; thence up the Lunga River to its confluence with the Nyingwe River; thence up the Nyingwe River to its source; thence in a straight line in an easterly direction to the source of the Chipupushi River; thence in a straight line in a south-easterly direction to the source of the Mushingashi River; thence in a straight

Government Notice 178 of 1955

line in a sourth-esterly direction to the source of the Mukela River; thence down the Mukela River to its junction with the Luswishi River; thence in a straight line in a south-easterly direction to the source of the Ntanga (North) Stream; thence down the Ntanga (North) Stream to its confluence with the Lufwanyama River; thence down the Lufwanyama River to the confluence of the Mitwe Stream; thence in a north-easterly direction up the Mitwe Stream to its source; thence in a straight line in a south-easterly direction to the source of the Mwelushi River; thence down the Mwelushi River to its confluence with the Kafue River; thence down the Kafue River to the point of starting.

THE FEIRA TSETSE FLY AREA

Government Notices 218 of 1947 39 of 1951

The area is situate in the Lusaka District and comprises approximately 6682.2 kilometres generally in the region known as the Old Feira District, the boundaries whereof are more particularly described as follows: Starting from the point where the Great East Road intersects the eastern boundary of the Soli Shamifwe Reserve No. XVI, the boundary follows due north to a point on the southern boundary of the Luano-Lala Reserve No. XIV; thence in a generally east by north-easterly direction along the last-mentioned boundary to the confluence of the Lunsemfwa River with the Luangwa River; thence down the Luangwa River to its confluence with the Zambezi River and up the Zambezi River to its confluence with the Misandya Stream; thence up the Misandya Stream to its source; thence in a line due north to a point on the boundary of the Soli Shamifwe Reserve No. XVI; thence along that boundary in a general easterly direction to the point of starting.
Government Notice 150 of 1957

THE KALOMO-NGWEZI TSETSE FLY AREA


The area is situated in the Kalomo District to the west of Kalomo Township and comprises approximately 1120 square kilometres, the boundaries whereof being more particularly defined as follows: Starting at the confluence of the eastern Mwemba Stream with the Ngwezi River, the boundary runs in a straight line in a north-westerly direction to the north-east corner of the Toka Reserve No. XXIV; thence along the northern boundary of this reserve in a westerly direction to the western Mwemba Stream; thence up this stream to its source; thence following a demarcated line cut in a straight line in a north-westerly direction to the source of the Sianyunga Stream; thence down this stream to its confluence with the Sichifula River; thence up this river to

its source; thence in a straight line in a north-north-easterly direction to Siakunda Hill on the southern boundary of the Ila-Tonga Reserve No. XXII; thence in a south-easterly direction along this boundary to the Kalomo River; thence down this river to the point where it meets the northern boundary of Farm No. 1768; thence westwards along the northern boundary of this farm and north-westwards and south-westwards along the north-eastern and north-western boundaries of Farm No. 357a, Langlaagte, to the Mwezi River; thence down the Mwezi River to the point where it meets the north-western boundary of Farm No. 358a, Mwezi; thence in a south-westerly direction along the north-western boundary of this farm to its most westerly corner beacon; thence in a straight line in a south-westerly direction to Beacon P2, the north-west corner beacon of Farm No. 73a, Lion Kop Ranch; thence in a south-westerly direction along the western boundary of this farm to the Ngwezi River; thence down the Ngwezi River to its confluence with the eastern Mwemba Stream, the point of starting.
Government Notice 253 of 1957

THE LUANO VALLEY TSETSE FLY AREA


The area is situate in the Lusaka, Kabwe Rural and Mkushi Districts and comprises approximately 5632 square kilometres, the boundaries whereof are more particularly described as follows: Starting at the confluence of the Mala Stream with the Mwomboshi River, the boundary runs up the Mala Stream to its intersection with the north-eastern boundary of Farm No. 696 "Chipembe Mission"; thence along the north-eastern and south-eastern boundary of this farm to its most southerly corner beacon on the north-eastern boundary of Farm No. 1135; thence in a generally southerly direction along the eastern boundaries of Farms Nos. 1135, 1137 and 695 to the southern most corner beacon of the latter farm; thence in a southerly direction following the boundary between Trust Land No. V and State Land to the north-eastern corner beacon of Farm No. 1350; thence southward along the eastern boundary of this farm to its intersection with the boundary between the Kabwe Rural and Lusaka Districts; thence in an easterly direction along the latter boundary to the Chainama Hills; thence eastwards along the line of these hills to the Mwapula River; thence down the Mwapula River to its confluence with the Chiwuyu Stream; thence up this stream to its intersection with the Great East Road near Chinunu Fly Picket; thence along the southern boundary of the Great East Road reserve to the Luangwa River Bridge; thence up the Luangwa River to its confluence with the Luansemfwa River; thence up the Luansemfwa River to its confluence with the Lukasashi River; thence up the Lukasashi River to its confluence with the Chambezi Stream; thence up the Chambezi Stream to the point where it emerges from the

eastern end of the Chifukunya Hills; thence in a generally south-westerly direction along the line of these hills to the Muchinga escarpment; thence in a westerly direction along this escarpment to the Mulungushi River; thence up the Mulungushi River to its confluence with the Mwomboshi River; thence up the Mwomboshi River to the point of starting.

THE MACHILI TSETSE FLY AREA


The area is situated in the Kalomo District and part of the Livingstone District, comprising approximately 640 square kilometres, the boundaries whereof are more particularly defined as follows: Starting at mile peg 89 (Mulanga) on the Zambesi Saw Mills Railway, the boundary follows the eastern boundary of the railway reserve southwards to peg 64 (Sala siding); thence westwards along the Sala River to the point where it runs into the Sala dambo. From this point westwards along the northern edge of the Sala dambo to the point where a trace of 3.2 to 4.8 kilometres has been cut through woodland to join up with the Kasaya dambo. Along this trace thence along the southern edge of the Kasaya dambo to the junction of the Kasaya with the Machili River. Thence northwards along the Machili River for approximately fifty-six kilometres to where a cut trace from the east, being an extension of the Forestry Department Mulanga firebreak line, meets the Machili River. Thence eastwards along this line and the Mulanga firebreak line back to the starting point.

Government Notice 52 of 1959

THE MULUNGUSHI DAM TSETSE FLY AREA


An area in the Kabwe Rural and Mkushi Districts bounded as follows: Starting at the point of intersection of the Mulungushi-Lunsemfwa Mine Road with the eastern boundary of Farm No. 837 (Mulungushi Falls), the boundary proceeds in a westerly and north-westerly direction along this road, or the power transmission line, whichever is the most northerly, to the tsetse control picket at approximately Mile Peg No. 16; thence in a north-easterly direction along the watershed between the Mswishi and Mututu Rivers to a point due south of the confluence of the Mswishi and Chowa Rivers; thence northwards to the said confluence; thence in a straight line in an easterly direction to the confluence of the Muwofwe and Mulungushi Rivers; thence southwards down the left bank of this latter river to its point of intersection with the northern boundary of Farm No. 836 (Mulungushi Dam); thence eastwards and generally southwards along the northern and eastern boundaries of this farm and Farm No. 837 (Mulungushi Falls) to the point of intersection of the eastern boundary of this latter farm with the

Government Notice 117 of 1958

Mulungushi-Lunsemfwa Mine Road, the point of starting.

THE MUMBWA-NAMWALA (NORTH) TSETSE FLY AREA


The area is situated in the Mumbwa and Namwala Districts, the boundaries whereof are more particularly described as follows: From the tsetse fly picket on the Lusaka-Matala Mine road 365.76 metres west of the Nangoma River, the boundary follows the tsetse barrier-clearing road southwards to the bend 1.6 kilometres north of Shikapulu's 1954 village site; thence in a westerly direction along the same road for a distance of approximately 14.4 kilometres to a point where the road emerges from the bush into open country; thence westward along the edge of the bush to the Lutale River; thence down this river to the point where it ceases to have a defined course; thence due south to the left bank of the Kafue River; thence upstream along this bank to the Kaoma-Mumbwa road crossing; thence eastward along the northern edge of the 6096 centimetres wide Kaoma-Mumbwa road strip to the point where the K.N.P. boundary meets this strip (6.68 kilometres east of Nalusangu Road Bridge); thence in a northerly direction along the K.N.P. boundary to the point where it meets the western boundary of the Big Concession; thence in a south-easterly direction along this boundary to the Chankala Stream; thence along the Chankala Stream downstream to its junction with the Lukanga River; thence downstream along the Lukanga River to the west bank bush-dambo edge of the Lutale River; thence southward down the bush-dambo edge on the right bank of this river to the Kalunja-Lutale confluence; thence eastward to the confluence of the Chibila and Nambulwe streams; thence along a demarcated line eastward to the Kayumweumwe gap in the Nambala Hills; thence in a straight line north-east to the Mumbwa-Matala Mine road; thence eastward along the northern border of the 3657.6 centimetres wide strip of this road to the point of starting.

Government Notices 179 of 1955 401 of 1962

SECTION 5 (2)-THE TSETSE CONTROL (CHINGOLA WEST TSETSE FLY AREA) REGULATIONS Regulations by the Minister
1. These Regulations may be cited as the Tsetse Control (Chingola

Government Notice 281 of 1953 Statutory Instrument 29 of 1964

Title

West Tsetse Fly Area) Regulations. 2. No person shall enter or leave or cause any domestic animal, vehicle Restriction on or bicycle to enter or leave the Chingola West Tsetse Fly Area other than entry through one of the tsetse control pickets described in the Schedule unless he shall have obtained the written permission of an officer of the Department of Veterinary Services or of an officer of the Ministry of Lands and Natural Resources. (As amended by S.I. No. 29 of 1964)

SCHEDULE
(Regulation 2) 1. At a point approximately 3.2 kilometres from the main Chingola-Solwezi road, on the motor track running along the north-west boundary of Mr. Rudge's farm and connecting the main Chingola-Solwezi road with the branch road leading from Mr. Rudge's farm to Mr. Evan's smallholding on the Kafue River. 2. At a point approximately 3.2 kilometres from the main Chingola-Solwezi road, on the branch road leading from the main road to the landholdings of Messrs. Scrooby, Page and Lambertsen. 3. At a point approximately 1.6 kilometres from the main Chingola-Solwezi road, on the branch road leading from the main road into Mr. Konstantinou's farm. 4. At a point approximately 4.8 kilometres from the main Chingola-Solwezi road, on the branch road leading from the main road to Mr. Hepker's landholding on the Kafue River.

SECTION 5 (2)-THE TSETSE CONTROL (CHIPENGALI TSETSE FLY AREA) REGULATIONS Regulations by the Minister
1. These Regulations may be cited as the Tsetse Control (Chipengali Tsetse Fly Area) Regulations.

Government Notice 241 of 1954 Statutory Instrument 29 of 1964

Title

2. No person shall enter or leave or cause any domestic animal, vehicle Restriction on entry or bicycle to enter or leave the Chipengali Tsetse Fly Area other than through one of the tsetse control pickets described in the Schedule unless he shall have obtained the written permission of an officer of the Department of Veterinary Services or of an officer of the Ministry of Lands. (As amended by S.I. No. 29 of 1964) 3. No person shall enter that part of the Chipengali Tsetse Fly Area lying north and west of the Tsetse Control Perimeter Road unless he shall have obtained the written permission of an officer of the Department of Veterinary Services or of an officer of the Ministry of Lands. (As amended by S.I. No. 29 of 1964)
Restriction on movements of persons

SCHEDULE
(Regulation 2) 1. Chikwende Fly Stop situated on the track from Chief Chimunda's village to Mwandaufi Village at a point approximately 4.8 kilometres south of the tsetse perimeter and 75.2 kilometres from Chipata. 2. The Fly Stop situated on the track from McGee's Farm to the resettlement area known locally as the "Jeep Track" at a point on the right bank of the Chipengali River where the "Jeep Track" crosses the river. 3. The Fly Stop situated on the Perimeter Road from Bwalo Stop to the Rukuzi River at a point where the road crosses an unnamed dambo approximately 9.6 kilometres from Bwalo Stop.

SECTION 5 (2)-THE TSETSE CONTROL (EASTERN LUNGA AND LUSWISHI CATCHMENT TSETSE FLY AREA) REGULATIONS Regulations by the Minister

Government Notices 218 of 1955 85 of 1956 313 of 1963 Statutory Instrument 29 of 1964

1. These Regulations may be cited as the Tsetse Control (Eastern Lunga and Luswishi Catchment Tsetse Fly Area) Regulations.

Title

2. No person shall enter that part of the Eastern Lunga and Luswishi Restriction on Catchment Tsetse Fly Area described in the Schedule, or move within entry that area for the purpose of hunting, fishing, prospecting, or establishing new sites for residence or cultivation, unless he shall have obtained the written permission of an officer of the Department of Veterinary Services, or of the Director of Veterinary Services, or of a person duly authorised by one of these officers: Provided that no such permit shall be required for persons travelling through the area in either direction on or within 9144 centimetres of the main Kasempa-Mumbwa motor road. (As amended by No. 85 of 1956 and S.I. No. 29 of 1964)

SCHEDULE
(Regulation 2) Starting at the confluence of the eastern Lunga and Kafue Rivers, the boundary follows up the left bank of the Lunga River to the confluence of the Munshingashi River, thence up the Mushingushi River to the confluence of the Chifukula Stream; thence in a straight line in a north-easterly direction to the source of the Milumbi Stream; thence down the Milumbi Stream to its confluence with the Luswishi River; thence down the Luswishi River to the confluence of the Funda River; thence up the Funda River and along the boundary of the Western Timber Concession described in the Reserves (Western Timber Concession) Regulations, to a point on the watershed between the Luswishi and Lufwanyama Rivers; thence along this watershed in a southerly direction to Mitumba Hill; thence in a straight line in a south-westerly direction to the confluence of the Mininga and Luswishi Rivers; thence down the Luswishi River to the confluence of the Mwakushi Stream; thence up this stream to its source; thence in a straight line in a south-westerly direction to the most westerly source of the Mulalashi River; thence in a straight line in a southerly direction to the confluence of the Kalanga Stream and the Luamala River; thence up the Kalanga Stream to its confluence with the Karenda Stream; thence up the Karenda Stream to its source; thence westwards to Beacon 264 N.R.P.; thence south-eastwards to the source of the Chipeta Stream and down that stream to its confluence with the Kafue River; thence westwards along the right bank of the Kafue River to the point of

starting.

SECTION 5 (2)-THE TSETSE CONTROL (FEIRA TSETSE FLY AREA) REGULATIONS Regulations by the Minister

Government Notice 274 of 1952 Statutory Instrument 29 of 1964

1. These Regulations may be cited as the Tsetse Control (Feira Tsetse Title Fly Area) Regulations. 2. No person shall enter that part of the Feira Tsetse Fly Area described Restriction on in the Schedule unless he shall have obtained the written permission of entry an officer of the Department of Veterinary Services, or of a Government Medical Officer, or of an officer of the Ministry of Lands, or of a duly authorised official of the Rufunsa Rural Council. (As amended by S.I. No. 29 of 1964)

SCHEDULE
(Regulation 2) Starting at a point on the bank of the Zambezi River 1.6 kilometres west of the confluence of the Chongwe River with the Zambezi River, the boundary runs north-west parallel to and at a distance of 1.6 kilometres from the Chongwe River to the point where this river meets the boundary of the Soli Shamifwe Reserve No. XVI; thence along the southern boundary of this reserve to its easter most point on the Mwambashi River; thence in a straight line in a south-easterly direction to the confluence of the Moyo and Chakwenga Streams; thence in a straight line in a north-easterly direction to Kaulashishi Hill; thence in a straight line in a north-easterly direction to a point on the Kaunga Stream; thence down the Kaunga Stream to a point due north of Chakweva Hill; thence southward to Chakweva Hill; thence in a south by south-easterly direction in a straight line to a point on the north bank of the Zambezi River 4.8 kilometres upstream of Kavalamanja (1947) Village; thence upstream along the north bank of the Zambezi River to the point of starting.

SECTION 5 (2)-THE TSETSE

Government Notice 151 of 1957 Statutory Instrument

CONTROL (KALOMO-NGWEZI TSETSE FLY AREA) REGULATIONS Regulations by the Minister


1. These Regulations may be cited as the Tsetse Control (Kalomo-Ngwezi Tsetse Fly Area) Regulations.

29 of 1964 Act No. 13 of 1994

Title

2. No person shall enter or leave the Kalomo-Ngwezi Tsetse Fly Area Entry into Kalomo-Ngwezi other than through one of the tsetse control pickets described in the Tsetse Fly Area Schedule unless he shall have obtained the written permission of an officer of the Department of Veterinary Services or of an officer of the Ministry of Lands. (As amended by S.I. No. 29 of 1964)
Movement of 3. (1) No person shall move or cause to be moved any vehicle other than a bicycle, or any domestic animal other than a dog or fowl, to, from, vehicles and animals or within the Kalomo-Ngwezi Tsetse Fly Area except in accordance with the provisions of a permit issued by an officer of the Department of Veterinary Services or an officer of the Ministry of Lands.

(2) A permit issued in terms of sub-regulation (1) shall specify the points of entry and exit and the route to be followed through the area. (As amended by S.I. No. 29 of 1964) 4. (1) If any domestic animal, other than a dog or fowl, shall enter the Illegal entry of Kalomo-Ngwezi Tsetse Fly Area otherwise than in accordance with the animals provisions of a permit issued under regulation 3, the owner and any person having custody of, or control over, the said animal shall be guilty of an offence. (2) Any domestic animal, other than a dog or fowl, which is found in the Kalomo-Ngwezi Tsetse Fly Area, otherwise than in accordance with the provisions of a permit issued under regulation 3, may be seized by an officer of the Department of Veterinary Services or an officer of the Ministry of Lands and removed from the said area.

(As amended by S.I. No. 29 of 1964)


Penalties 5. Any person who contravenes any of the provisions of these Regulations shall be guilty of an offence and shall be liable to a fine not exceeding one thousand five hundred penalty units or, in default of payment, to imprisonment not exceeding three months.

(As amended by Act No. 13 of 1994)

SCHEDULE
(Regulation 2) 1. The picket known as No. 1 Post on the Ngwezi River where it forms the western boundary of Lion Kop Ranch (Farm No. 73a). 2. The picket known as No. 3 Post on the road connecting Road B121 with Dundumwenzi Hill, at approximately 2.4 kilometres from Road B121. 3. The picket known as No. 5 Post adjacent to the Kalomo River north of the alienated land boundary. 4. The picket known as No. 7 Post on the road connecting Road B121 with Dundumwenzi Hill, at approximately 8.8 kilometres from Road B121. 5. The picket known as No. 8 Post near the Ngwezi River where it forms the western boundary of Farm No. BW5. 6. The picket known as No. 9 Post on the southern boundary of the Kalomo-Ngwezi Tsetse Fly Area west from No. 8 Post.

SECTION 5 (2)-THE TSETSE CONTROL (LUANO VALLEY TSETSE FLY AREA) REGULATIONS Regulations by the Minister

Government Notice 255 of 1957 Statutory Instrument 29 of 1964

1. These Regulations may be cited as the Tsetse Control (Luano Valley Title Tsetse Fly Area) Regulations.

2. (1) No person shall cross the western boundary of the Luano Valley Entry and exit to be only through tsetse Tsetse Fly Area, whether to enter or leave the said area, other than control pickets through one of the tsetse control pickets described in the First Schedule, unless he shall have obtained the written permission of an officer of the Department of Veterinary Services or of an officer of the Ministry of Lands. (2) For the purposes of this regulation, the western boundary shall be deemed to be that portion of the boundary of the said area which runs from the confluence of the Champande River with the Mwomboshi River westwards, southwards and eastwards to the intersection of the Chiwuyu Stream with the Great East Road. (As amended by S.I. No. 29 of 1964) 3. (1) No person shall cause any domestic animal, other than a dog or fowl, to enter or leave the Luano Valley Tsetse Fly Area unless he shall have obtained the written permission of an officer of the Department of Veterinary Services or of an officer of the Ministry of Lands.
Restriction on movements of domestic animals into and within the area

(2) A permit issued in terms of sub-regulation (1) shall specify the points of entry and exit through which the animals may be moved, and may define the area within which such stock must be confined. 4. (1) If any domestic animal, other than a dog or fowl, shall enter that Illegal entry of animals part of the Luano Valley Tsetse Fly Area described in the Second Schedule, otherwise than in accordance with the provisions of a permit issued under regulation 3, the owner and any person having custody of, or control over, the said animal shall be guilty of an offence. (2) Any domestic animal, other than a dog or fowl, which is found in that part of the Luano Valley Tsetse Fly Area described in the Second Schedule, otherwise than in accordance with the provisions of a permit issued under regulation 3, may be seized by an officer of the Department of Veterinary Services or an officer of the Ministry of Lands and removed from the said area. (As amended by S.I. No. 29 of 1964) 5. No person shall cross in either direction the line described in Part I
Restriction on movements of

of the Second Schedule, other than through one of the tsetse control pickets described in Part II of the said Schedule, unless he shall have obtained the written permission of an officer of the Department of Veterinary Services or of an officer of the Ministry of Lands. (As amended by S.I. No. 29 of 1964)

persons

FIRST SCHEDULE
(Regulation 2) 1. The picket at the vehicle smudge house on the motor track from Chief Chamuka's to Farm No. 1135 "Chilombo". 2. The picket adjacent to the main entrance to Chipembe Mission and the eastern entrance to Farm No. 1135 on the motor track from Chief Chamuka's to the said farm. 3. The picket at Chipembe Mission boundary fence on the track from the Tsetse Control Supervisor's headquarters to Chipembe Mission. 4. The picket at the joint boundary of "Figtree" and "Kalangwa" Farms on the track leading from the Luano Valley to the said farms. 5. The picket at Chief Chamuka's old village at the junction of the track from Yumbe village with the motor track from 16 kilometres on the Mulungushi power line road. 6. The picket on the track running from a point on the Great East Road just east of the Chongwe River crossing to the western gap in the Chainama Hills. 7. The picket on the track running from a point on the Great East Road just east of the Nyangwena River crossing to the eastern gap in the Chainama Hills near Kacha Village. 8. The picket at Chinunu at mile 56 from Lusaka on the Great East Road.

SECOND SCHEDULE
(Regulations 4 and 5)

PART I
A line which runs from the confluence of the Mulungushi and Mwomboshi Rivers up the Mwomboshi River to its confluence with the Champande River; thence up the Champande River to its confluence with the Chimfundi Stream; thence up the Chimfundi Stream to its source; thence in a straight line southwards to the source of the

Sakaluane Stream; thence down the Sakaluane Stream to its confluence with the Muchinda Stream; thence in a straight line due south to the Changale Hills; thence eastwards along these hills to Kito Hill.

PART II
1. The picket at Sakaluane Stream on the main path from Ngoro village in the Luano Valley to Chief Chamuka's villages on the plateau. 2. The picket near the Champande River on the track from the Katuba Stream to Yumbe village.

SECTION 5 (2)-THE TSETSE CONTROL (MACHILI TSETSE FLY AREA) REGULATIONS Regulations by the Minister
1. These Regulations may be cited as the Tsetse Control (Machili Tsetse Fly Area) Regulations. 2. No person shall enter or leave, or cause any domestic animal or vehicle or bicycle to enter or leave, the Machili Tsetse Fly Area, other than through one of the tsetse control pickets described in the First Schedule, unless he shall have obtained the written permission of an officer of the Department of Veterinary Services or of an officer of the Ministry of Lands. (As amended by S.I. No. 29 of 1964)

Government Notices 209 of 1959 284 of 1959 Statutory Instrument 29 of 1964

Title

Entry into Machili Tsetse Fly Area

3. (1) No person shall enter, or cause any domestic animal or vehicle or Movement of bicycle to enter, that part of the Machili Tsetse Fly Area described in the vehicles and animals Second Schedule, unless he shall have obtained the written permission of an officer of the Department of Veterinary Services or of an officer of the Ministry of Lands. (2) A permit issued in terms of sub-regulation (1) shall specify the points of entry and exit and mode of travel. (As amended by S.I. No. 29 of 1964)

4. Any person who contravenes any of the provisions of these Regulations shall be guilty of an offence and shall be liable to imprisonment not exceeding three months: Provided that, notwithstanding the foregoing regulations, in respect of the said portion of the Machili Tsetse Fly Area which is also Protected Forest Area No. 2: Machili, employees of the Ministry of Lands, while on duty, will have unrestricted entry and movement to carry out necessary forest operations, but will be required to leave the area by one of the established pickets.

Penalties

FIRST SCHEDULE
(Regulation 2) 1. Mulanga Fly Picket on the railway at Mulanga where the Mulanga fire line road crosses it. 2. Sala Fly Picket on the railway line at Sala. 3. Machili Fly Picket on the Mambova-Machili access road on the southern edge of the Simatanga dambo. 4. The Ngwezi Fly Picket near the Ngwezi River on the Mambova-Machili access road approximately 20.8 kilometres from Mambova. (As amended by No. 284 of 1959)

SECOND SCHEDULE
(Regulation 3) That part of the Machili Tsetse Fly Area lying between the Mambova-Machili access road and the western boundary of the Saw Mills Railway Reserve.

SECTION 5 (2)-THE TSETSE CONTROL (MULUNGUSHI DAM TSETSE FLY AREA) REGULATIONS Regulations by the Minister

Government Notice 118 of 1958 Statutory Instrument 29 of 1964

1. These Regulations may be cited as the Tsetse Control (Mulungushi Title Dam Tsetse Fly Area) Regulations. 2. No person shall enter, or cause or allow any domestic animal to enter, the Mulungushi Dam Tsetse Fly Area unless he shall have obtained the written permission of an officer of the Department of Veterinary Services, or of the Director of Veterinary Services. (As amended by S.I. No. 29 of 1964)
Restriction on entry

SECTION 5 (2)-THE TSETSE CONTROL (MUMBWA-NAMWALA (NORTH) TSETSE FLY AREA) REGULATIONS Regulations by the Minister
1. These Regulations may be cited as the Tsetse Control (Mumbwa-Namwala (North) Tsetse Fly Area) Regulations. 2. No person shall enter into or move within the Mumbwa-Namwala (North) Tsetse Fly Area for the purpose of establishing new sites for residence or cultivation unless he shall have obtained the written permission of an officer of the Department of Veterinary Services. (As amended by S.I. No. 29 of 1964) 3. No person shall enter or leave, or cause any vehicle or bicycle to enter or leave, that part of the Mumbwa-Namwala (North) Tsetse Fly Area described in the First Schedule, except through one of the tsetse control pickets described in the Second Schedule, unless he shall have obtained the written permission of an officer of the Department of Veterinary Services or of an officer of the Ministry of Lands. (As amended by S.I. No. 29 of 1964)

Government Notice 217 of 1955 Statutory Instrument 29 of 1964

Title

Restriction on entry into and movement within the area

Entry and exit to be only through tsetse control pickets

4. No person shall, without the written permission of an officer of the Department of Veterinary Services or of an officer of the Ministry of Lands, cause any domestic animal, other than a dog or fowl, to enter, or allow such animal to stray into, that part of the Mumbwa-Namwala (North) Tsetse Fly Area described in the First Schedule, or that part of the area lying between the Kafue North Bank Tsetse Control Fence and the Kafue River which comprises bush land. (As amended by S.I. No. 29 of 1964)

Restriction on movements of domestic animals into and within the area

FIRST SCHEDULE
(Regulations 3 and 4) That part of the Mumbwa-Namwala (North) Tsetse Fly Area lying to the north of a line drawn from the point where its southern boundary meets the Lutale River westward along the Kafue North Bank Tsetse Control Fence to the Bunga gate in that fence; thence westward along the south side of the track leaving the Bunga gate to the point where it enters the bush; thence westward along the bush edge to the point where this reaches the Kafue River at approximately 15 degrees 47 minutes south, 26 degrees 8 minutes east.

SECOND SCHEDULE
(Regulation 3) 1. The tsetse control picket situated at the "Bunga" gate in the Kafue North Bank Tsetse Control Fence. 2. The tsetse control picket situated at the "Jacobs" gate in the Kafue North Bank Tsetse Control Fence. 3. The tsetse control pickets situated on the Mumbwa-Namwala road, the Namwala Mission-Chibila road, the Mumbwa-Kaoma road and the Mumbwa-Matala Mine-Lusaka road at the points where these roads enter and leave the Mumbwa-Namwala (North) Tsetse Fly Area. 4. The tsetse control picket situated on the footpath from Mulili 1954 village site on the Mumbwa-Matala Mine road to Mumbwa.

SECTION 5 (2)-THE TSETSE CONTROL PICKET REGULATIONS

Government Notice 200 of 1956

Regulations by the Minister


1. These Regulations may be cited as the Tsetse Control Picket Regulations. 2. In these Regulations, unless the context otherwise requiresTitle

Interpretation

"authorised official" means any official of the Ministry of Lands duly authorised by the Director of Veterinary Services; "register" means a book kept at a tsetse control picket in which shall be entered such particulars regarding the persons, vehicles and domestic animals treated at the picket as the Director of Veterinary Services may from time to time require; "smudge house" means any building erected at a tsetse control picket for the purpose of freeing vehicles or domestic animals from tsetse flies. 3. (1) The Director of Veterinary Services may, where he considers it Establishment of necessary to prevent the spread of tsetse fly, authorise the establishment tsetse control pickets of tsetse control pickets on any roads and recognised footpaths. (2) A tsetse control picket established under sub-regulation (1) shall consist of a barrier across the road or footpath, with or without a smudge house, and shall be provided with conspicuous notice-boards giving warning of its existence. 4. (1) (a) Any person whether travelling on foot or by vehicle, and any Duty to stop at person driving domestic animals, along any road or footpath on which a tsetse control picket tsetse control picket has been established shall stop, and shall cause any such domestic animals to stop, at the tsetse control picket and shall not proceed until permitted to do so by an authorised official. (b) The driver of any vehicle or domestic animals who has stopped at a tsetse control picket at which a smudge house has been erected shall, when required to do so by an authorised official, drive such vehicle or domestic animals into the smudge house and cause them to remain there until permitted to proceed.

(2) It shall be lawful for an authorised official to inspect any person, vehicle or domestic animal stopped at a tsetse control picket in order to detect the presence of tsetse flies and take such measures, including the application of insecticides, as may be necessary to free them of tsetse flies. (3) Any person stopped at a tsetse control picket shall, before proceeding, enter such particulars in the register as may be required by an authorised official.
Avoidance of 5. It shall be unlawful for any person travelling along any road or footpath on which a tsetse control picket has been established to make a tsetse control picket detour with the object of avoiding such picket.

CHAPTER 250 THE CATTLE SLAUGHTER (CONTROL) ACT


ARRANGEMENT OF SECTIONS

Section 1. 2. 3. 4. 5. 6. 7. Short title and application Interpretation Grant of permit for cattle slaughter Restriction on slaughter of certain cattle Inspector's powers of entry Review Penalties

CHAPTER 250

CATTLE SLAUGHTER (CONTROL) An Act to control the slaughter of immature and breeding cattle; and to provide for matters incidental thereto. [30th July, 1948]

28 of 1959 45 of 1957 13 of 1966 Government Notices 319 of 1964 497 of 1964

Act No. 13 of 1994

1. This Act may be cited as the Cattle Slaughter (Control) Act, and shall apply to such areas in Zambia, and to such types or classes of cattle, as the Minister may, by statutory notice, direct. 2. In this Act, unless the context otherwise requires"cattle" means bovines; "immature cattle" means cattle, male or female, under the age of three years, or not having eight permanent incisor teeth yet erupted; "inspector" means any Veterinary Officer, Livestock Officer or other person authorised by the Director of Veterinary Services to inspect cattle for the purposes of this Act; "permit" means written permission issued in accordance with section three. (As amended by No. 45 of 1957)

Short title and application

Interpretation

3. Where an inspector is satisfied that it is necessary or desirable in the Grant of permit for public interest to do so, he may grant a permit to any person authorising cattle slaughter the slaughter of such number of immature cattle or female cattle under the age of ten years as he may specify thereon. (No. 13 of 1966) 4. (1) No person shall slaughter any number of immature cattle or female cattle under the age of ten years(a) unless he is in possession of a permit granted in respect of the slaughter thereof; or (b) exceeding the number specified on such permit.
Restriction on slaughter of certain cattle

(2) Every person who slaughters immature cattle or female cattle under the age of ten years shall, not later than thirty days after such cattle are

slaughtered, furnish to the Director of Veterinary Services(a) the permit granted in respect of the slaughter thereof; and

(b) such information relating to such cattle and the slaughter thereof as the Minister may, by statutory order, require to be furnished. (3) An order made by the Minister under this section may provide for the forms to be used and the procedure to be followed in connection with the furnishing of information to the Director of Veterinary Services under this section. (Amended by No. 13 of 1966)
Inspector's powers 5. For the purposes of this Act, any inspector may at all reasonable of entry times enter any land or premises where cattle are kept for slaughter or offered for sale, and any abattoir or slaughter-house or other place where cattle are slaughtered, and may inspect any cattle or carcasses found therein, and may issue an order forbidding the slaughter of any cattle and may seize and remove any carcass or part of any carcass which would afford evidence of a contravention of this Act.

6. Any person aggrieved by a refusal of an inspector to grant a permit Review may ask that the decision be reviewed by the Minister, whose decision shall be final. (As amended by No. 13 of 1966) 7. Any person who contravenes any of the provisions of this Act shall Penalties be guilty of an offence and liable to a fine not exceeding three thousand penalty units or, in default of payment, to imprisonment with or without hard labour for any period not exceeding six months, or to both. (As amended by Act No. 13 of 1994)
SUBSIDIARY LEGISLATION

SECTION 1-THE CATTLE SLAUGHTER (CONTROL) ACT (APPLICATION) ORDER Order by the Minister

Statutory Instrument 44 of 1981

1. This Order may be cited as the Cattle Slaughter (Control) Act (Application) Order. 2. The provisions of the Act shall hereafter apply throughout Zambia to all types and classes of cattle. CHAPTER 251 THE PIG INDUSTRY ACT
ARRANGEMENT OF SECTIONS

Title

Application of Cap. 250

PART I PRELIMINARY Section 1. 2. Short title Interpretation

PART II IMPOSITION AND COLLECTION OF LEVY ON PIGS 3. 4. 5. 6. 7. 8. 9. 10. Application of Part II Imposition of levy on pigs Withdrawal or suspension of the levy Establishment of Pig Levy Account Disposal of the levy Summary judgment for the levy in criminal proceedings Recovery of the levy Legal costs of Minister

PART III DEVELOPMENT OF THE PIG INDUSTRY IN ZAMBIA 11. Certain pig carcasses to be graded throughout Zambia

12. Minister may define areas in Zambia within which all carcasses to be graded

13. 14. 15. 16. 17.

Duties of Government graders Bacon factories to be licensed Application for and issue of licences Extension of licences Conditions of licences

PART IV GENERAL PROVISIONS 18. 19. 20. Appointment of Government graders and inspectors Regulations Offences and penalties

CHAPTER 251

PIG INDUSTRY

28 of 1959 15 of 1960 An Act to provide for the imposition and collection of levies on pigs Act produced in Zambia; for the development of the pig industry and for 9 of 1964 matters incidental thereto. 13 of 1994 Government [1st February, 1960] Notices 89 of 1964 497 of 1964 Statutory Instrument 176 of 1965

PART I PRELIMINARY 1. This Act may be cited as the Pig Industry Act.
Short title

2. In this Act, unless the context otherwise requires-

Interpretation

"bacon" means any part of the carcass of a pig, excluding the feet and the offal and all parts of the head except the chaps, which has been salted or smoked or salted and smoked or picked and smoked; "bacon factory" means premises where pig carcasses are dressed and cured for the making of bacon or ham for sale or for export from Zambia; "dealer" includes(a) an auctioneer, broker, purchaser, seller or exporter of pigs or pig carcasses and a person engaged in the pig industry as defined in paragraph (b) of the definition of pig industry or in any other trade or industry in which pig carcasses are utilised or treated; and (b) a market master and a local authority;

and cognate expressions shall be construed by reference, amongst other things, to transactions or operations such as are carried on by persons referred to in paragraph (a) of this definition; "Government grader" means a Government grader appointed in terms of subsection (1) of section eighteen and includes a person exercising or performing any of the powers or duties of a Government grader conferred or imposed upon him in terms of subsection (2) of that section; "ham" has the meaning assigned to bacon; "inspector" means an inspector appointed in terms of subsection (1) of section eighteen and includes a person exercising or performing any of the powers or duties of an inspector conferred or imposed upon him in terms of subsection (2) of that section; "the levy" means the levy prescribed in terms of section four; "licence" means a licence issued in terms of section fifteen; "pig carcass" means the carcass or any part of the carcass of a pig; "pig industry" includes anything and everything connected with-

(a) the production, handling, treatment, processing and preparation for market or for export from Zambia of pigs and pig carcasses; and (b) the dressing and curing of pig carcasses for the making of bacon or ham; "Pig Levy Account" means the Pig Levy Account established in terms of section six; "pig products" means pork, bacon, ham and other products for human consumption which are derived from pig carcasses; "producer" means a person who, by himself or by means of his agents or servants, produces pigs in Zambia and "produced" shall be construed accordingly; "regulation" includes an order or notice; "sell" includes to exchange or dispose of for valuable consideration and cognate expressions shall be construed accordingly. (As amended by No. 15 of 1960, G.N. No. 89 of 1964 and S.I. No. 176 of 1965)

PART II IMPOSITION AND COLLECTION OF LEVY ON PIGS 3. The provisions of this Part shall not apply in relation to pigs which are(a) obsolete; (b) produced by a producer and consumed by him, members of his household or his servants. (As amended by No. 15 of 1960 and G.N. No. 89 of 1964 4. (1) Subject to the provisions of this Act, there shall be a levy at such Imposition of levy rate as the Minister may prescribe on all pigs produced and slaughtered on pigs in Zambia.
Application of Part II

(2) The Minister shall prescribe the persons who shall be responsible for the payment of the levy and the persons who shall be responsible for the collection and remittal of the levy and the manner in and the times at which the levy shall be paid, collected and remitted. (3) The levy shall be remitted to the Permanent Secretary. (4) In prescribing the matters which by this section are required or are permitted to be prescribed, the Minister may(a) and (b) (c) make different provision in respect of different classes of pigs;

make no provision in respect of particular classes of pigs; and obsolete;

(d) provide that the levy may be collected or remitted by different methods or at different times; and (e) provide for exemptions from the levy.

(5) In classifying pigs for the purposes of paragraphs (a) and (b) of subsection (4), the Minister may have regard, amongst other things, to the purposes for which or the manner or the places or areas in which pigs are produced, slaughtered, consumed or dealt in. (6) The levy shall not exceed(a) (b) one-quarter of one ngwee per pound dead weight; or fifty ngwee in respect of any one pig.

(As amended by No. 15 of 1960 and G.N. No. 89 of 1964) 5. (a) The Minister may at any time, by statutory orderwithdraw the levy; or
Withdrawal or suspension of the levy

(b)

suspend the collection of the levy;

in whole or in part. 6. On the 1st February, 1964, there shall be established in respect of the Establishment of levy a special account to be known as the Pig Levy Account into which Pig Levy Account shall be paid the proceeds of the levy. (G.N. No. 89 of 1964 as amended by S.I. No. 176 of 1965) 7. The Minister shall from time to time dispose of the amount standing Disposal of the to the credit of the Pig Levy Account in such manner as is in his opinion levy calculated to promote the development of the pig industry. (Act No. 9 of 1964) 8. (1) On the conviction of a person for an offence of failing or refusing to pay or to collect, or to remit to the Permanent Secretary, the levy in terms of this Act, the court convicting the accused may, on the application of the prosecutor and, in addition to any penalty which it may inflict, give summary judgement against the accused in favour of the Minister for the amount of the levy to which the offence relates. (2) A judgment given by a court in terms of subsection (1) shall have the same force and effect and may be executed in the same manner as if the judgment had been given in a civil action instituted in the court. (As amended by No. 15 of 1960 and G.N. No. 89 of 1964) 9. The Minister may, by civil action in a competent court, recover the Recovery of the levy amount of the levy which is due in terms of this Act from a person required in terms of this Act to pay the levy or to collect and remit the levy to the Permanent Secretary. (As amended by No. 15 of 1960 and G.N. No. 89 of 1964) 10. The costs payable by the Minister in an action referred to in section Legal costs of Minister nine shall be paid from the funds in the Pig Levy Account.
Summary judgment for the levy in criminal proceedings

PART III

DEVELOPMENT OF THE PIG INDUSTRY IN ZAMBIA 11. (a) The carcasses of all pigs slaughtered in Zambia forexport or sale as carcasses; or
Certain pig carcasses to be graded throughout Zambia

(b) making into bacon, ham or other products for human consumption; shall be graded immediately after slaughter in accordance with the provisions of this Act. (As amended by No. 15 of 1960 and G.N. No. 89 of 1964) 12. The Minister may, by statutory notice, define areas in Zambia within which the carcasses of all pigs slaughtered for sale or export in any form whatsoever shall be graded immediately after slaughter in accordance with the provisions of this Act. (As amended by No. 15 of 1960, Act No. 9 of 1964, G.N. No. 89 of 1964 and S.I. No. 176 of 1965) 13. A Government grader shallDuties of Government graders Minister may define areas in Zambia within which all carcasses to be graded

(a) examine the quality of each pig carcass liable to be graded in accordance with the provisions of this Act; and (b) grade the pig carcass and mark the grade on the carcass in the prescribed manner. 14. (1) No person shall use premises as a bacon factory-

Bacon factories to be licensed

(a) unless he holds a licence to use those premises as a bacon factory issued by the Minister; and (b) otherwise than in accordance with the conditions, if any, contained in the licence. (2) A person who contravenes the provisions of subsection (1) shall be guilty of an offence and all pig carcasses found on the premises shall be forfeited.

15. (1) An application for a licence referred to in subsection (1) of section fourteen shall be made to the Permanent Secretary in the form and in the manner prescribed. (2) The Minister shall issue a licence(a) if the premises in respect of which the application for the licence is made conform with the specifications and standards prescribed by regulations providing for the matters referred to in paragraph (m) of subsection (2) of section nineteen; and (b) if, after taking into account the number of licences issued and the annual pig production in Zambia, the Minister is of the opinion that the issue of the licence will not adversely affect the development of the pig industry. (3) A licence shall, subject to the provisions of section sixteen, cease to be of force on the 31st December in the year in which it is issued. (4) A person using premises as a bacon factory immediately before the 1st February, 1960, shall for the purposes of paragraph (a) of subsection (1) of section fourteen be deemed to be the holder of a licence issued on that date. (As amended by Act No. 9 of 1964, G.N. No. 89 of 1964 and S.I. No. 176 of 1965)

Application for and issue of licences

16. (1) Subject to the provisions of subsection (3), the Minister shall, on Extension of the application of the holder of a licence, extend the licence from year to licences year to the 31st December. (2) An application for the extension of a licence shall be made to the Permanent Secretary in the form and in the manner prescribed. (3) The Minister shall not, unless he is of the opinion that there are special circumstances justifying the extension of the licence, extend a licence if the premises in respect of which the licence was issued(a) no longer conform with the specifications and standards

prescribed by regulations providing for the matters referred to in paragraph (m) of subsection (2) of section nineteen; or (b) have not been used by the holder of the licence for dressing and curing pig carcasses for the making of bacon or ham during the period of six months ending on the date application for the extension of the licence is made. (4) If the holder of a licence applies for an extension of the licence before the 31st December in any year, the licence shall be treated as being of force until the holder is notified in writing by the Permanent Secretary that the Minister has refused the application or has extended the licence. (As amended by G.N. No. 89 of 1964)
Conditions of 17. In issuing or extending a licence the Minister may impose such conditions, including a condition requiring the holder of the licence to licences dress and cure annually a maximum or a minimum number or not more than a maximum or less than a minimum number of pig carcasses for the making of bacon or ham, as in his opinion are necessary to assist the development of the pig industry in Zambia.

(As amended by No. 15 of 1960 and G.N. No. 89 of 1964)

PART IV GENERAL PROVISIONS 18. (1) Subject to the provisions of any written law governing the public service, the Minister may, for the purposes of this Act, appoint persons as Government graders or inspectors or as Government graders and inspectors. (2) With the consent of the President, the Minister may confer all or any of the powers and impose all or any of the duties of a Government grader or an inspector under this Act upon any person or class of persons in the public service or in the Zambia Police Force. (As amended by No. 15 of 1960 and G.N. No. 89 of 1964)
Appointment of Government graders and inspectors

19. (1) The Minister may by regulation prescribe all matters which by this Act are required or are permitted to be prescribed or which are necessary or convenient to be prescribed for carrying out or giving effect to the provisions of this Act. (2) Without derogation from the generality of the provisions of subsection (1), the Minister may in the exercise of the power conferred upon him by that subsection provide for(a) the registration of producers, dealers and persons who slaughter pigs and the information to be supplied in connection with applications for registration; and (b) the keeping of books, registers and accounts, the furnishing of returns and the supply of information relating to the production and slaughter of and dealings in pigs, pig carcasses and pig products; and (c) (i) (ii) the inspection by inspectors ofpigs, pig carcasses and pig products wherever they may be; and books, registers and accounts referred to in paragraph (b); and

Regulations

(iii) piggeries, bacon factories, land and other premises where pigs, pig carcasses and pig products are produced, handled, treated, processed, prepared, dressed, cured, dealt in or stored; and (d) the seizure by an inspector of books, documents, pigs, pig carcasses or pig products which, in the opinion of the inspector, may afford evidence of a contravention of the provisions of this Act, and the doing of such other things as may appear to the inspector necessary for ascertaining whether compliance has been made with the provisions of this Act; and (e) the production to inspectors of licences and of books, registers and accounts, pigs, pig carcasses, and pig products referred to in paragraph (c); and (f) the manner in which the levy shall be assessed and paid and the collection of and the remittal to the Permanent Secretary of the levy, including the collection and the remittal to the Permanent Secretary of the levy by dealers and persons who slaughter pigs; and

(g) the grading and marking of pig carcasses and the names and designations of the various grades; and (h) the marks to be used by Government graders and the manner of grading and marking pig carcasses; and (i) the grading, marking, packing or invoicing of pig products and the manner in which pig products shall be wrapped or packed so as to indicate the grade of pig from which they are derived; and (j) the prohibition or regulation of the sale, distribution, consignment or delivery of pig carcasses and pig products which have not been graded, marked, packed, wrapped or invoiced in accordance with regulations; and (k) the form and manner in which applications for licences and extensions of licences are to be made and the information to be supplied in connection therewith; and (l) the form of licences and circumstances in which and the conditions subject to which licences shall be issued or extended; and (m) the construction, layout and equipment of bacon factories; and

(n) the fixing of maximum, minimum or specified prices determined by reference to dead weight and grade or live weight and grade which shall be paid for pigs. (3) The Minister may in the exercise of the power conferred upon him by subsection (1) make different provision with respect to different classes of pigs, pig carcasses and pig products and in respect of different producers, dealers who slaughter pigs or classes of producers, and dealers who slaughter pigs. (As amended by No. 15 of 1960 and G.N. No. 89 of 1964) 20. A person whoOffences and penalties

(a) fails or refuses when required to do so in terms of this Act to register as a producer, dealer or person who slaughters pigs; or (b) fails or refuses to furnish a return, or to supply information in the manner and in the time prescribed, or furnishes a false or incomplete

return or supplies false or incomplete information; or (c) obstructs a Government grader or inspector in the performance of his duties or the exercise of powers conferred by or under a provision of regulations or, on being directed to do so, does not produce to an inspector for inspection a licence or pigs, pig carcasses or pig products, and any books, registers or accounts relating thereto, which are in his possession or under his control; or (d) marks on a pig carcass or pig product a mark identical with a Government grader's mark, or a mark so nearly resembling a Government grader's mark as to be likely to be mistaken for it, or forges a Government grader's mark on a pig carcass or pig product graded in terms of this Act; or (e) contravenes or fails to comply with a provision of this Act or of regulations or with an order or direction made or given thereunder with which it is his duty to comply; shall be guilty of an offence and liable(i) for a contravention of subsection (1) of section fourteen or of paragraph (d)A. on first conviction, to a fine not exceeding three thousand penalty units or, in default of payment, to imprisonment for a period not exceeding one year, or to such imprisonment without the option of a fine, or to both; and B. on the second or a subsequent conviction, to a fine not exceeding six thousand penalty units or, in default or payment, to imprisonment for a period not exceeding two years, or to such imprisonment without the option of a fine, or to both; (ii) for an offence not referred to in sub-paragraph (i)-

A. on first conviction, to a fine not exceeding seven hundred and fifty penalty units or, in default of payment, to imprisonment for a period not exceeding one month, or to such imprisonment without the option of a fine, or to both; and B. on the second or a subsequent conviction, to a fine not exceeding one thousand five hundred penalty units or, in default of payment, to imprisonment for a period not exceeding two months, or to such imprisonment without the option of a fine, or to both. (As amended by No. 15 of 1960 and Act No. 13 of 1994)

SUBSIDIARY LEGISLATION

PIG INDUSTRY SECTION 5-THE PIG INDUSTRY LEVY (WITHDRAWAL) ORDER Order by the Minister 1. This Order may be cited as the Pig Industry Levy (Withdrawal) Order.

CAP. 251 Statutory Instrument 59 of 1966 Title

2. The Levy imposed in pursuance of the Act on pigs is hereby wholly Withdrawal of withdrawn. levy SECTION 12-THE PIG INDUSTRY (DEFINITION OF AREAS) NOTICE Notice by the Minister Federal Government Notice 368 of 1960 Government Notice 497 of 1964 Title

1. This Notice may be cited as the Pig Industry (Definition of Areas) Notice. 2. (a) The areas within11.2 kilometres of the Lusaka Post Office;

Definition of areas

(b) 8 kilometres of the Kitwe, Livingstone, Luanshya, Mufulira and Ndola Post Offices; are hereby defined as areas in Zambia within which the carcasses of all pigs slaughtered for sale or export in any form whatsoever shall be graded immediately after slaughter in accordance with the provisions of the Pig Industry (Grading) Regulations. SECTION 19-THE PIG INDUSTRY (GRADING) REGULATIONS Regulations by the Minister Federal Government Notices 138 of 1960

140 of 1961 362 of 1962 52 of 1963 285 of 1963 Government Notice 89 of 1964 Statutory Instrument 47 of 1975 Act No. 13 of 1994 1. These Regulations may be cited as the Pig Industry (Grading) Regulations. 2. In these Regulations, unless the context otherwise requires"dead weight" means cold dressed weight as determined in accordance with regulation 3; "defined area" means an area defined under section twelve of the Act; "registered exporter" means any person registered or deemed to be registered in terms of regulation 4 of the Pig Industry (Prices) Regulations; "slaughter-house" means a slaughter-house operated by a local authority, or a bacon factory. (As amended by F.G.N. No. 140 of 1961 and G.N. No. 89 of 1964) 3. The cold dressed weight of a pig carcass shall be determined by weighing the carcass within one hour of slaughter and by deducting three per centum to the nearest kilogram from the weight so obtained. Cold dressed weight Title

Interpretation

4. (1) The carcasses of pigs liable to be graded in terms of the Act shall Grading of pig be graded by a Government grader at a slaughter-house in accordance carcasses with the provisions of the First Schedule in one or other of the grades there specified.

(2) The carcasses of pigs which have been graded in terms of sub-regulation (1) shall be marked by a Government grader with a roller-mark in accordance with the provisions of the Second Schedule: Provided that(i) the carcasses of pigs slaughtered for export from Zambia by a registered exporter; (ii) internal cuts of meat;

shall not be so marked. (F.G.N. No. 140 of 1961 as amended by G.N. No. 89 of 1964) 5. A Government grader may regrade a carcass if(a) (i) (ii) (b) a defect caused bysoft and oily fat; or fishy flavour or other taint; was not apparent when the carcass was graded; or the pig was slaughtered as a casualty; or (c) in the opinion of a senior grader, the original grading was inaccurate. (F.G.N. No. 285 of 1963) 6. No person shall sell at, distribute in or consign or deliver to any Dealing in pig place within a defined area the carcass of any pig slaughtered in Zambia- carcasses in (a) liable to be graded in terms of the Act which has not been graded defined areas and marked in accordance with the provisions of these Regulations; or (b) slaughtered outside that defined area unless it has been graded and marked in accordance with the provisions of these Regulations as though it was a pig carcass liable to be graded in terms of the Act. (F.G.N. No. 56 of 1963 as amended by G.N. No. 89 of 1964) Regrading of pig carcasses

7. No person other than the consumer shall remove the skin of a pig carcass graded in terms of regulation 4 or interfere in any way with the marking thereon. 8. A Government grader shall, in respect of every pig carcass graded by him in terms of regulation 4, furnish to the person who slaughtered the pig a return, in duplicate, in the form prescribed in the Third Schedule. One copy of such return shall be forwarded by the person who slaughtered the pig to the seller when payment is made and one copy shall be retained by the person who slaughtered the pig. 9. (1) Any person whose pig carcass has been classified and graded in terms of regulation 4 and who is dissatisfied with the decision of the Government grader in regard to the classification or grading of such carcass shall, subject to the provisions of sub-regulation (2), be entitled to appeal to the Chief Animal Husbandry Officer of the Department of Agriculture against such decision. (2) No appeal shall lie in terms of this regulation unless such person (hereinafter referred to as the appellant)(a) notifies the Government grader on the same day as the decision in regard to the classification or grading of the carcass is given and before the carcass is removed from the place of grading, of this intention to appeal; (b) within seventy-two hours of notifying the Government grader of his intention to appeal, lodges with the Permanent Secretary a notice of appeal and a deposit in the sum of three hundred fee units. (3) An appeal lodged in terms of this regulation shall be decided by the Chief Animal Husbandry Officer of the Department of Agriculture or by a person with a special knowledge of meat grading nominated by him, and the decision of such officer or person shall be communicated to the appellant within ten days of the date on which the appeal was lodged with the Permanent Secretary. (4) If an appeal lodged in terms of this regulation-

Interference with markings on pig carcasses Returns to be furnished by Government graders

Appeals against decisions of Government graders

(a) is upheld, the sum of three hundred fee units deposited in respect thereof shall be refunded to the appellant; (b) is dismissed, the sum of three hundred fee units deposited in respect thereof, shall, unless the Chief Animal Husbandry Officer of the Department of Agriculture otherwise directs, be forfeited by the appellant and paid into the general revenues of the Republic in aid of the costs of the appeal. (As amended by G.N. No. 89 of 1964 and Act No. 13 of 1994) 10. Any person who slaughters a pig, the carcass of which is liable to be graded in terms of the Act, shall(a) institute a system of serial numbers; (b) clearly mark the pig carcass with the appropriate serial number before it is graded by a Government grader; (c) keep a record of the serial number marked on such pig carcass; (d) furnish a return to the Government grader showing, in respect of such pig carcass, the serial number marked thereon, the dead weight thereof and the name of the seller. (As amended by F.G.N. No. 140 of 1961) Serial numbers

FIRST SCHEDULE
(Regulation 4)

CLASSES AND GRADES OF PIG CARCASSES


1. A pig carcass which weighs-

(a) less than 30 kg shall be classified as an Underweight Pig; (b) not less than 30 kg and not more than 55.5 kg shall be classified as a Porker; (c) more than 55.5 kg but not more than 74.5 kg shall be classified as a Baconer; (d) more than 74.5 kg but not more than 95 kg shall be classified as a Heavy Hog; (e) over 95 kg shall be classified as a Manufacturing Pig. 2. An Underweight Pig carcass shall be graded as B Manufacturing. 3. Subject to the provisions of paragraph 4, a Porker shall be graded as follows: Grade 1-Carcass very well fleshed; side long; good depth of loin; shoulder, head and collar light; hams broad and well fleshed; back fat neither excessive nor deficient; fat reasonably white and firm; suitable fat covering over breast bone; fine bone with well sprung ribs; skin thin and smooth. Skin pigmentation may be present if it is so faint that it does not distract from the value of the carcass. Excellent all-round suitability for pork. Grade 2-Of good all-round suitability for pork but lacking Grade 1 standard as defined above. Grade 3-Below standard of Grade 1 or 2 on account of excessive fatness or under finish. 4. A Porker shall be Grade 3 or Manufacturing if(a) it has faulty conformation; (b) the carcass has a fishy flavour or other taint; (c) it was before slaughter(i) a male pig not castrated within twelve weeks of birth; (ii) a pig suffering from disease or injury rendering it unsuitable for the fresh pork trade. 5. A Baconer shall be graded as follows: Maximum Fat Measurements Mid Back Shoulder Rump Super Grade A. . 25 mm 40 mm 25 mm Grade A . . 30 mm 45 mm 30 mm Grade B . . 35 mm 55 mm 35 mm 6. A Heavy Hog shall be graded as follows: Minimum Fat Measurements Mid Back 15 mm 15 mm 15 mm

Grade A Grade B Grade C

Maximum Fat Measurements Mid Back Shoulder Rump . . 40 mm 60 mm 40 mm . . 45 mm 65 mm 45 mm . . 50 mm 70 mm 50 mm

Minimum Fat Measurements Mid Back 20 mm 20 mm 20 mm

METHOD OF DETERMINING PAYMENT GRADES


7. A Baconer which is(a) Super Grade A on the middle of the back and Super Grade A at one other point but is one or more grades below Grade A at the remaining point shall be graded as Super Grade A; (b) Grade A on the middle of the back and either Super Grade A or Grade A at one other point shall be graded as Grade A; (c) Super Grade A, Grade A or B on the basis of carcass measurement but which has a split-back that reduces the value of the carcass, may be down-graded one or more grades according to the extent to which the value of the carcass has, in the opinion of the grader, been reduced but it shall not be graded below Grade B: Provided that if the loss of value is less than the equivalent of one grade the weight for payment may be reduced to cover the loss. 8. A Baconer shall be graded as either B or Manufacturing if(a) in the opinion of the Government grader it is unsuitable for the making of bacon on account of(i) faulty conformation; (ii) softness or oilness; (b) it was before slaughter(i) a male pig which has not been castrated within twelve weeks of birth; (ii) a rig pig of which the carcass is unsuitable for the making of bacon; (iii) a sow; (iv) a gilt which has reached a stage of pregnancy which renders the carcass unsuitable for the making of bacon; (v) a pig suffering from disease or injury rendering the carcass unsuitable for the making of bacon; (c) the carcass has a fishy flavour or other taint. 9. For the purpose of determining the fat measurements of a Baconer or Heavy Hog(a) the measurements shall be taken with a standard pattern gauge approved by the Minister; (b) the mid back measurement shall be taken at the middle of the back where the fat is thinnest;

(c) the shoulder measurement shall be taken at the fattest part of the shoulder; (d) the rump measurement shall be taken at the middle of the rump muscle. 10. A Baconer or Heavy Hog shall be graded according to the highest grade applicable to its measurements. 11. A Heavy Hog which is(a) Grade A on the middle of the back and Grade A at one other point but is one or more grades below Grade B at the remaining point shall be graded as Grade A; (b) Grade B on the middle of the back and either Grade A or B at one other point shall be graded as Grade B; (c) Grade A, B or C on the basis of carcass measurement but which has a split-back that reduces the value of the carcass, may be down-graded one or more grades according to the extent to which the value of the carcass has in the opinion of the grader, been reduced but it shall not be graded below Grade C: Provided that if the loss of value is less than the equivalent of one grade the weight for payment may be reduced to cover the loss. 12. A Heavy Hog shall be graded as either C or Manufacturing if(a) in the opinion of the Government grader it is unsuitable for processing on account of softness or oiliness; (b) it was before slaughter(i) a male pig which has not been castrated within twelve weeks of birth; (ii) a rig pig of which the carcass is unsuitable for processing; (iii) a gilt which has reached a stage of pregnancy which renders the carcass unsuitable for processing; (iv) a sow; (v) a pig suffering from disease or injury rendering the carcass unsuitable for processing; (c) the carcass has a fishy flavour or other taint. 13. A Manufacturing Pig shall be graded as either A, B or Inferior on the Government grader's assessment of the general appearance and quality of the carcass. 14. Any reference in this Schedule to the weight of a pig carcass shall be construed as a reference to the cold dressed weight of that carcass. (As amended by S.I. No. 47 of 1975)

SECOND SCHEDULE
(Regulation 4)

ROLLER-MARKINGS FOR PIG CARCASSES


Class and Grade Underweight Pig: Grade B Manufacturing .. Porker: Grade 1 . . .. .. .. Grade 2 . . .. .. .. Grade 3 . . .. .. .. Baconer: Super Grade A. . .. .. .. Grade A . . .. .. .. Grade B . . .. .. .. Manufacturing Pig: Grade A . . .. .. .. Grade B . . .. .. .. Inferior . . .. .. .. Heavy Hog: Grade A . . .. .. .. Grade B . . .. .. .. Grade C . . .. .. .. (As amended by S.I. No. 47 of 1975) Roller-mark .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 1 2 3 AA A B AMFR BMFR Inferior HA HB HC B Manufacturing

THIRD SCHEDULE
(Regulation 8)

PIG CARCASS GRADING RETURN


(To be completed by Government Grader in triplicate)
Name of Seller ........................................................................................................................................ No. of Seller ............................................................................................................................................ Address ................................................................................................................................................... of Pigs Graded ........................................................................................................................................ Number Register

........................................................................................................................ ...................................................................................................... Slaughtered at ........................................................................................................................


slaughter ........................................................................................................................................... , 19

Date

of

........................................................................................................................
Lot No. .................................................................................................................................................... Cold Dressed Weight Back Fat Grades Class Rump Mid Back

Factory

Factory Serial No.

Ear No.

Shoulder

Paymen Grade

Total Deductions

Abbreviations: "Class Column", B = Baconer U/P = Underweight Pig H = Heavy Hogg P = Porker MFR = Manufacturing Date..................................................................., 19............ Signature of Government Grader ..................................................... (This signature confirms particulars relating only to grading) (As amended by S.I. No. 92 of 1975)

SECTION 19-THE PIG INDUSTRY (POWERS OF INSPECTORS) REGULATIONS Regulations by the Minister

Federal Government Notice 140 of 1960 Government Notice89 of1964 Title

1. These Regulations may be cited as the Pig Industry (Powers of Inspectors) Regualtions. 2. (a) (b) (c) An inspector may inspectany slaughter-house or bacon factory; any premises where pig carcasses or pig products are sold; any boarding-house, hospital, hotel, restaurant or school hostel;

Inspection of premises

for the purpose of ascertaining whether any pig carcass on pig product therein has been graded and roller-marked in accordance with the Pig Industry (Grading) Regulations. (As amended by G.N. No. 89 of 1964) 3. (1) An inspector may demand the production ofProduction of documents

(a)

any bacon factory licence;

(b) any book, register or account relating to the slaughter of pigs and the sale of pig carcasses and pig products. (2) An inspector may seize any licence, book, register or account referred to in sub-regulation (1). 4. When exercising any powers conferred by these Regulations, an inspector shall, if so required, produce a written authority from the Minister to exercise such powers. CHAPTER 252 Written authority

THE STOCK DISEASES ACT


ARRANGEMENT OF SECTIONS

Section 1. 2. 3. 4. 5. Short title Interpretation Notice of disease or suspected disease to be given Power to quarantine stock, etc. Power to order seizure of stock, etc.

6. Power of authorised officer when any person fails or refuses to comply with an order 7. 8. 9. 10. 11. 12. 13. 14. 15. Offence Power of entry Power to order collection of stock Person in control of stock in transit Records to be kept by carriers Indemnity Compensation Penalty Regulations
8 of 1961 Act No. 13 of 1994 Government Notices 319 of 1964 497 of 1964

CHAPTER 252 STOCK DISEASES An Act to provide for the prevention and control of stock diseases; to regulate the importation and movement of stock and specified articles; to provide for the quarantine of stock in certain circumstances; and to provide for matters incidental to the foregoing. [27th December, 1963]

1. This Act may be cited as the Stock Diseases Act. 2. In this Act, unless the context otherwise requires"article" includes gear, harness, seeds, grass, forage, hay, straw, manure

Short title Interpretation

or any other thing likely to act as a carrier of any disease; "authorised officer" means the Director and any Veterinary Officer; "carcass" means the carcass of any stock and includes part of a carcass, and the meat, bones, hide, skin, feathers, hooves, horns, offal or other part of any stock; "Director" means the Director of Veterinary Services and includes the Deputy Director of Veterinary Services; "disease" means foot and mouth disease, rabies, rinder-pest, lumpy skin disease, contagious epididymitis and vaginitis, sheep pox, swine fever, Newcastle disease, epidemic tremor, contagious bovine pleuro-pneumonia, anthrax, contagious abortion, quarter evil, tuberculosis, bovine vibriosis, swine erysipelas, glanders, streptothricosis, anaplasmosis, redwater, heartwater, East Coast fever, trypanosomiasis, epizootic lymphangitis, ulcerative lymphangitis, sarcoptic mange, psoroptic mange (scab) and any other disease of stock which the *Minister may, by statutory notice, specify; "owner", in relation to any stock, includes the person for the time being having the management, custody or control of such stock; "permit" means a permit issued under the provisions of this Act; "railway company" means Zambia Railways and any other railway operating in Zambia; "stock" includes cattle, horses, sheep, goats, mules, donkeys, pigs, animals of the antelope species in captivity, domestic fowls, turkeys, geese, ducks and any other domesticated or captive animal or bird which the Minister may, by statutory notice, declare; "Veterinary Officer" means a veterinary surgeon in the service of the Government and includes a Livestock Officer when instructed by the Director to exercise or perform any of the powers and duties of a Veterinary Officer. 3. (1) Every owner of stock affected or suspected of being affected with Notice of any disease shalldisease or

suspected disease to be given (a) as far as practicable keep that stock separate from stock not so affected; (b) as soon as is reasonably practicable give notice of the stock being so affected or suspected of being so affected to the nearest departmental officer, police officer or Administrative Officer. (2) Every person, other than a Veterinary Officer, so notified, shall forthwith notify the nearest Veterinary Officer. (3) For the purpose of this section, "departmental officer" means any person employed in the Department of Veterinary and Tsetse Control Services. (4) Any person who fails to comply with the provisions of subsection (1) shall be guilty of an offence. 4. Whenever at any place, whether within or outside Zambia, there Power to exists, or is suspected to exist, any disease which is likely to affect stock, quarantine the Minister or an authorised officer may make such order as he thinks stock, etc. fit for all or any of the following purposes: (a) for prohibiting or regulating the introduction of any stock, carcass, article or vehicle from such place into Zambia or any portion of Zambia; (b) for prohibiting or regulating the movement of stock, carcasses, articles or vehicles within or out of any part of Zambia named in the order; (c) for regulating the quarantine, isolation, disinfection or treatment of stock, carcasses, articles or vehicles in any part of Zambia named in the order; (d) for prohibiting or regulating the sale of stock, carcasses or articles in any part of Zambia named in the order. 5. WheneverPower to order seizure of stock,

(a) at any place within Zambia any stock, carcass, article or vehicle etc. is found affected or is suspected of being affected with any disease; or (b) any stock, carcass, article or vehicle has been introduced into any place in Zambia without such permit as may be required for such introduction, or having been introduced under a permit is moved or dealt with otherwise than in accordance with such permit; the Minister or an authorised officer may make such order as he thinks fit for all or any of the following purposes: (i) for directing that such stock, carcass, article or vehicle be seized and detained; (ii) for directing that such stock, carcass, article or vehicle be slaughtered or destroyed; (iii) for directing that such stock, carcass, article or vehicle be dealt with in such manner as is deemed necessary to prevent the spread of disease. 6. (1) Whenever any person fails or refuses to do anything which he is Power of required to do under an order made under the provisions of section four authorised or five, an authorised officer may do or cause such thing to be done. officer when any person fails or refuses to comply with an order (2) The cost of anything which an authorised officer has done or caused to be done under the provisions of subsection (1) shall be recoverable by the Minister from the person who failed or refused to comply with the order. 7. Any person who fails or refuses to do anything which he is required Offence to do, or does anything which he is prohibited from doing, under an order made under the provisions of section four or five shall be guilty of an offence. 8. (1) An authorised officer may enter on any land, farm or ranch or Power of entry into any stable, pen, sty or outbuilding or any kraal, enclosure or vehicle and may take with him such persons, animals and things as he may deem necessary for the purposes of inspecting or examining any stock, carcass, article or vehicle or doing or causing to be done or supervising and inspecting the doing of anything which is required to be done under

this Act or under any order made under the provisions of this Act. (2) Any person who prevents an authorised officer from entering on any land, farm or ranch or into any sty or outbuilding or any kraal, enclosure or vehicle or who impedes or obstructs an authorised officer in doing anything which he is empowered to do under the provisions of subsection (1) shall be guilty of an offence. 9. (1) An authorised officer may instruct the owner of any stock to assemble the stock or any part thereof at any specified place for the purposes of inspection or inoculation, or for any purpose authorised under the provisions of this Act or under any order made under the provisions of this Act. (2) Any instruction issued in accordance with the provisions of subsection (1) to the headman of a village shall be deemed to be an instruction to every owner of stock in such village: Provided that such notice is issued in writing and in such language or dialect as is commonly spoken by or understood among the majority of the inhabitants of such village. (3) The headman of a village to whom an instruction is issued in accordance with the provisions of subsection (2) shall forthwith take all reasonable steps to communicate the contents of the instruction to every owner of stock in such village. (4) Any person who(a) fails to comply with any reasonable instruction given under subsection (1) or (2); (b) fails to communicate the contents of an instruction in accordance with the provisions of subsection (3); shall be guilty of an offence. (5) Proceedings in respect of an offence under this section shall not be taken without the written consent of the Director. Power to order collection of stock

10. (1) Stock in transit by train within or through Zambia shall be under Person in the control of such person as the railway company conveying the stock control of stock shall appoint, and, in default of such appointment, the guard of the train in transit conveying such stock shall be deemed to be the person in control of the stock. (2) Stock in transit within or through Zambia by any road vehicle shall be under the control of such person as the transporter shall appoint, and, in default of such appointment, shall be deemed to be under the control of the driver of the vehicle. 11. A railway company carrying any stock by rail or the owner of any Records to be vehicle which at any time carries stock for hire or reward shall maintain kept by carriers a record of all such stock carried showing the dates on which such stock was carried, the type and numbers of stock and the names and addresses of consignors and consignees and shall, during a period of six months after the date of carriage, make such record available on request to an authorised officer. 12. (1) No action shall be brought against any authorised officer in respect of any act done by him in good faith in the execution or supposed execution of the powers vested in him under this Act, or in respect of any act done by him in good faith in carrying out or purporting to carry out the terms of an order made under this Act. (2) No action shall be brought against any person who is not an authorised officer in respect of any act done in good faith and without negligence by such person in compliance with the provisions of this Act or any direction or order given or made under this Act. 13. Where any stock is slaughtered under the provisions of this Act or Compensation any order made thereunder, the owner shall, unless the Minister gives in writing to the owner his reasons for refusing, be paid compensation from such funds as may be appropriated by Parliament for this purpose for such stock, if he proves to the satisfaction of the Minister that the stock was not suffering from disease at the time of its slaughter. (As amended by G.N. No. 319 of 1964) Indemnity

14. Any person guilty of an offence under the provisions of this Act or Penalty any regulation or order made thereunder shall be liable to a fine not exceeding three thousand penalty units or to imprisonment for a period not exceeding six months, or to both. (As amended by Act No. 13 of 1994) 15. (1) For the purpose of carrying out the provisions of this Act, the Regulations Minister may, by statutory instrument, make regulations concerning any of the following matters: (a) regulating or prohibiting the introduction into Zambia of any stock, carcass, article or vehicle; (b) regulating or prohibiting the movement of any stock, carcass, article or vehicle within any portion of Zambia or providing for the compulsory branding of any stock; (c) providing for the compulsory disinfection, whether by inoculation, dipping or otherwise, of any stock, carcass, article or vehicle, within any portion of Zambia; (d) providing for the disinfection of any place or building suspected of being infected with any disease within any portion of Zambia; (e) prescribing the circumstances under which stock, whether such stock is suspected of being affected with disease or not, may or shall, as the case may be, be destroyed and the manner in which and by whom such destruction shall, or may, be carried out and the manner in which carcasses shall be disposed of; (f) regulating or prohibiting the importation into or manufacture or distribution within Zambia of any virus, vaccine, serum or analogous product used for the diagnosis or treatment of stock diseases of animals, or of any animal semen; (g) generally for the prevention and control of disease;

(h) prescribing the fees to be paid for anything done or to be done under this Act.

(2) Any such regulations may provide that any person who contravenes or fails to comply with such regulations shall be guilty of an offence against this Act, and may further provide that, unless some other penalty is in such regulations specifically provided therefor, such person shall be liable to a fine not exceeding three thousand penalty units or to imprisonment for a period not exceeding six months, or to both. (As amended by G.N. No. 319 of 1964 and Act No. 13 of 1994)
SUBSIDIARY LEGISLATION

STOCK DISEASES SECTION 15-THE STOCK DISEASES REGULATIONS Regulations by the Minister

CAP. 252 Government Notices 443 of 1963 497 of 1964 Act 13 of 1994

1. These Regulations may be cited as the Stock Diseases Regulations. Title 2. In these Regulations, unless the context otherwise requires"hide" means the untanned skin of any stock; "quarantine station" means a quarantine station set forth in the Second Schedule; "veterinary district" means one of the districts, set out in the First Schedule, into which Zambia is divided for the purposes of these Regulations. 3. (1) For the purposes of these Regulations, Zambia shall be divided into the veterinary districts described in the First Schedule. (2) No stock shall be moved into or out of a veterinary district without a permit issued by a Veterinary Officer or other person authorised by the Veterinary districts Interpretation

Director. (3) Any person who contravenes or fails to comply with the provisions of sub-regulation (2) shall be guilty of an offence. 4. (1) The areas described in the Second Schedule shall be quarantine stations into or out of which no stock shall be moved without a permit issued by an authorised officer. (2) If any person moves into or out of any quarantine station any stock without a permit issued by an authorised officer, he shall be guilty of an offence. 5. (1) No person shall introduce or cause to be introduced into Zambia any stock, carcass, article or other matter specified in the Third Schedule without a permit issued by the Director or an officer authorised by the Director. Such permit may be refused at the discretion of the Director without any reason being assigned. (2) No person shall introduce or cause to be introduced into Zambia any article specified in the Fourth Schedule without a certificate from a Veterinary Officer of the country from which the article originates, stating that there has been no case of East Coast fever in the district of origin during the two years immediately preceding the issue of such certificate and no foot and mouth disease nor African swine fever in the district of origin during the six months immediately preceding the issue of such certificate and that, in his opinion, the movement of the article is free from risk of spreading any disease. (3) No person shall introduce or cause to be introduced into Zambia any article specified in the Fifth Schedule without a certificate from a Veterinary Officer of the country from which the article originates, stating that there has been no foot and mouth disease nor African swine fever in the district of origin during the six months immediately preceding the issue of such certificate. (4) Any person who contravenes or fails to comply with any of the provisions of this regulation shall be guilty of an offence. Importation of stock and specified articles Quarantine stations

6. When it is stipulated in any permit that any stock shall be held in quarantine in any Government quarantine station the following provisions shall apply: (a) the owner, if required, must provide, if requested to do so by an authorised officer, for each animal upon its arrival at the quarantine station, a strong head collar provided with a ring to which can be fastened a rope, riem or chain for the purpose of tying up the animal, and all bulls over twelve months of age must be ringed; (b) the owner may, if he so wishes, send an employee or employees to look after his stock during the time it is in quarantine. Such employee or employees shall be under the orders of the officer in charge of the quarantine station and shall comply with all instructions given to him or them and shall leave the quarantine station at the request of the said officer; (c) if, in the opinion of a Veterinary Officer, any stock at any time during its period of quarantine shows symptoms of a disease, the Veterinary Officer may, subject to the approval of the Director, order its destruction and that of any animal with which it has been in contact; (d) fees in respect of stock held at a Government quarantine station or removed to or from such station in quarantine shall be payable as prescribed in the Sixth Schedule.

Conditions of quarantine

Disposal of 7. (1) The owner of the carcass of any stock which has died, or may reasonably be suspected of having died, of any disease shall take all carcasses reasonable steps to ensure that no person other than a Veterinary Officer or person authorised by a Veterinary Officer in the course of his official duties or a veterinary surgeon in the course of his professional duties shall mutilate such carcass in any way: Provided that it shall be lawful for the owner of such carcass to take a blood or lymph gland smear and to incise an ear vein or puncture a superficial lymph gland, as the case may be, for this purpose. (2) The owner of any carcass to which sub-regulation (1) applies shall, unless otherwise directed by a Veterinary Officer, forthwith dispose of the said carcass by burial at a depth of not less than six feet. (3) For the purposes of this regulation, "owner" shall include any person or persons in control of a carcass.

(4) Any person who contravenes or fails to comply with the provisions of sub-regulation (1) or (2) shall be guilty of an offence. 8. (1) The Director, or any other officer authorised by the Director, may Inoculation and order that stock which at the date of such order is within or shall branding subsequently within a period of time specified in such order enter any part of Zambia shall be forthwith inoculated or branded or both inoculated and branded. (2) Every order issued under sub-regulation (1) shall(a) if it affects stock in any area within the jurisdiction of a rural council, be in writing and signed by the issuing officer and shall be delivered to the rural council of the area concerned, and such delivery shall be deemed to be sufficient notice of such order to all owners and persons in control of stock which is within the said area; and (b) if it affects stock in any other area of Zambia, be made by notice in writing delivered to the owner or any person in charge of the stock. (3) Such inoculation or branding or both inoculation and branding shall be carried out in accordance with the directions contained in such order or as may be given by a Veterinary Officer. (4) In pursuance of any order made under this regulation, a Veterinary Officer may inoculate or cause to be inoculated and may brand or cause to be branded any stock. (5) If a Veterinary Officer is of opinion that any inoculation or branding has not been carried out in a satisfactory manner, he may require either or both operations to be repeated until he is satisfied therewith. (6) If the owner of any stock to which an order made under the provisions of sub-regulation (1) relates, fails to inoculate or brand or both inoculate and brand in accordance with the provisions of this regulation, he shall be guilty of an offence. 9. (1) Any permit relating to the movement of any stock, carcass or Movement

article and issued pursuant to the provisions of the Act or any regulation permits or order made thereunder shall be in writing and signed by the issuing officer and shall contain(a) the name of the person to whom such permit is issued;

(b) the number and description of the stock, carcass or article which may be moved by virtue of such permit; (c) (d) the dates between which such permit shall be valid; and the areas between which such movement may take place.

(2) Any permit issued pursuant to the provisions of the Act or any regulation or order made thereunder may be issued subject to such conditions as to quarantine, isolation, disinfection, detention, route to be followed, control of stock or other like matter as the issuing officer in his discretion may specify therein. (3) The person in control of any stock, carcass or article being moved under the authority of any permit to which this regulation refers shall have such permit in his possession and shall produce the said permit to any of the following persons on request by such person: (a) (b) (c) (d) (e) any Veterinary Officer; any Livestock Officer; any Assistant District Secretary; any police officer; any person authorised by the Director thereto; or

(f) the owner or occupier of any farm over which movement of the said stock, carcass or article is taking place. (4) Any person empowered to issue a permit to which this regulation refers and any Assistant District Secretary may cancel, vary or amend

such permit by endorsement thereon or by notice in writing to the grantee thereof. (5) If any person contravenes, or fails to comply with any condition specified in a permit or with the provisions of sub-regulation (3), he shall be guilty of an offence. 10. (1) No person shall manufacture or sell or expose for sale in Zambia any virus, vaccine, serum or analogous product used for the diagnosis or treatment of diseases of animals, except under a permit in writing issued by the Director. (2) A permit to manufacture or sell or expose for sale any of the substances mentioned in sub-regulation (1) shall be subject to such conditions as the Director may endorse on the permit. (3) Any person who contravenes or fails to comply with(a) the provisions of sub-regulation (1); or Manufacture and import of virus and vaccine

(b) any condition endorsed on a permit in accordance with sub-regulation (2); shall be guilty of an offence.

FIRST SCHEDULE
(Regulation 3 (1))

LUSAKA VETERINARY DISTRICT


Starting at the confluence of the Lukusashi and Lunsemfwa rivers at Central the north-eastern corner of the Lusaka District, the boundary follows the Province Lusaka District Boundary westwards to its intersection with the Kabwe Rural District Boundary; thence northwards up that boundary to its intersection with the Kabwe Veterinary District Boundary; thence westwards along that boundary to its intersection with the Kabwe Rural District Boundary; thence south-eastwards along that boundary to its intersection with the Lusaka District Boundary; thence generally southwards, eastwards and northwards along that boundary to the confluence of the Lukusashi and Lunsemfwa rivers at the north-eastern

corner of the Lusaka District, the point of starting.

KABWE VETERINARY DISTRICT


Starting at the confluence of the Mwomboshi and Mulungushi rivers, the boundary follows the Mwomboshi River upstream to its intersection with the northern boundary of Farm No. 2563; thence westwards along the northern boundaries of Farms Nos. 2563, 2157 and 2161 to the north-western beacon of the last farm; thence south-westwards along the western boundaries of Farms Nos. 2161, 2159, 2582 and 2583 to the main motor road to Mumbwa; thence westwards along the Mumbwa Road to its intersection with the Kabwe Rural District Boundary; thence generally northwards, eastwards and southwards along the Kabwe Rural District Boundary to the confluence of the Mwomboshi and Mulungushi rivers, the point of starting.

MUMBWA VETERINARY DISTRICT


The Mumbwa District.

FEIRA VETERINARY DISTRICT


The Feira District.

MKUSHI VETERINARY DISTRICT


The Serenje and Mkushi Districts.

KASEMPA VETERINARY DISTRICT


The Solwezi, Mwinilunga, Kabompo and Kasempa Districts. North-Western Province

ZAMBEZI VETERINARY DISTRICT


The Zambezi District.

LUAPULA VETERINARY DISTRICT


The Luapula Province. Luapula Province

NDOLA VETERINARY DISTRICT

The Copperbelt Province.

Copperbelt Province

MBALA VETERINARY DISTRICT


The Mbala and Isoka Districts. Northern Province

KASAMA VETERINARY DISTRICT


The Kasama, Chinsali, Mporokoso, Luwingu and Mpika Districts.

LUNDAZI VETERINARY DISTRICT


The Lundazi District. Eastern Province

CHIPATA VETERINARY DISTRICT


The Chipata District.

PETAUKE VETERINARY DISTRICT


The Petauke District.

NAMWALA VETERINARY DISTRICT


Starting at the intersection of the Namwala/Kalomo District Southern Boundaries at the source of the Machili River, the boundary follows the Province Namwala District Boundary in a northerly, easterly, southerly and westerly direction to the point where it intersects the eastern boundary of the Kafue National Park approximately 32 kilometres due north of Ndundumwense Hill; thence in a straight line due south along the eastern boundary of the Kafue National Park to triangulation beacon 227/N.R.P. on Ndundumwense Hill at the south-eastern corner of the Kafue National Park; thence westwards and north-westwards along the Kafue National Park Boundary to its intersection with the Namwala District Boundary; thence northwards and westwards along the western boundary of the Namwala District Boundary to its intersection with the Kalomo District Boundary at the source of the Machili River, the point of starting.

MAZABUKA VETERINARY DISTRICT


The Mazabuka District.

CHOMA VETERINARY DISTRICT


The Choma District.

GWEMBE VETERINARY DISTRICT


The Gwembe District.

KALOMO VETERINARY DISTRICT


Starting at triangulation beacon 227/N.R.P. on Ndundumwense Hill at the south-eastern corner of the Kafue National Park, the boundary runs northwards along the eastern boundary of the Kafue National Park to its intersection with the Kalomo District Boundary; thence in a generally easterly and southerly direction along the said district boundary to its intersection with the Zambezi River; thence up the Zambezi River to its intersection with the eastern boundary of the Livingstone Veterinary District; thence generally northwards up the eastern boundary of the Livingstone Veterinary District to triangulation beacon 227/N.R.P. on Ndundumwense Hill, the point of starting.

LIVINGSTONE VETERINARY DISTRICT


Starting at the point where the Kalomo River enters the Zambezi River, at the south-eastern corner of the Baleya Reserve, No. XXV, the boundary runs northwards and westwards along the eastern and northern boundaries of the said reserve to the point where its northern boundary is intersected by the Zimba Stream; thence up the Zimba Stream to where it intersects the south-western boundary of Farm No. 824; thence north-westwards along that boundary to the Zambia Railways 91.44 metres Strip Reserve; thence in a straight line across the said strip reserve to its western boundary; thence northwards along the western boundary of the strip reserve to the south-western corner beacon of Farm No. 833; thence northwards along the western boundaries of Farms Nos. 833 and 823 to the north-western corner beacon of the latter farm; thence in a straight line northwards to triangulation beacon 32/N.R.P.; thence continuing northwards in a straight line to triangulation beacon 226/N.R.P.; thence in a straight line north-westwards to triangulation beacon 227/N.R.P. on Ndundumwense Hill on the southern boundary of the Kafue National Park; thence in a

westerly and northerly direction along the southern boundary of the Kafue National Park to the source of the Machili River on the said boundary thence southwards down the Machili River to where it intersects the northern boundary of Farm No. 946; thence eastwards, southwards and westwards along the northern, eastern and southern boundaries of Farm No. 946 to the point where the southern boundary intersects the Machili River; thence southwards down the Machili River to its intersection with the Kasaya River; thence down the Kasaya River to its intersection with the Zambezi River; thence down the Zambezi River to its intersection with the Kalomo River, the point of starting.

SESHEKE VETERINARY DISTRICT

Western Province

The Sesheke District.

SENANGA VETERINARY DISTRICT


The Senanga District.

KALABO VETERINARY DISTRICT


The Kalabo District.

MONGU VETERINARY DISTRICT


The Mongu-Lealui District.

KAOMA VETERINARY DISTRICT


The Kaoma District.

SECOND SCHEDULE
(Regulation 4)

KAZUNGULA QUARANTINE STATION


An area approximately 2,000 acres in extent bounded by a fence starting from the Zambezi River bank at a point 2.4 kilometres east of the Livestock Officer's house, and running north for 0.8 kilometres; thence north-west for 7.2 kilometres; thence south-west to the Zambezi River

and by the Zambezi thence to the point of starting. Chief Sikute's area of 0.8 kilometres of river frontage with a depth of 411.48 metres at the downstream end and of 45.72 metres at the upstream end, reached by a 1219.2 centimetres wide access strip from the fence on the north lies within, but is excluded from, the quarantine area. The area is shown on a plan deposited in the office of the Surveyor-General and numbered T.338.

NDOLA PADDOCK QUARANTINE STATION


A square area 10 acres in extent bounded by a fence and lying in the Bovu Valley, 0.8 kilometres to the north of the Livingstone-Katombora Road, 43.2 kilometres from Livingstone.

SIMONGA QUARANTINE STATION


Starting at Beacon GN454 at the north-western corner of Farm No. 2657, the boundary follows the western boundary of this farm southwards to its south-western corner beacon, GN453; thence, continuing in the same straight line, to the centre-line of the Katombora-Livingstone Road; thence south-westwards to Beacon Y803 at the north-eastern corner of Farm No. 1519; thence along the northern boundary of this farm to the left bank of the Zambezi River near Beacon P50; thence northwards and north-westwards up this bank to a point where it is intersected by a straight line parallel to and 9144 centimetres east of the eastern boundary of Farm No. 1492; thence north-westwards along this line to the southern edge of the Katombora-Livingstone 3657.6 centimetres Road Reserve; thence across this road reserve to a point on its northern edge where it is intersected by a straight line parallel to and 1828.8 centimetres east of the eastern boundary of Farm No. 1492; thence north-westwards along this line to its point of intersection with the southern boundary of Forest Reserve No. 67: Simonga; thence eastwards following the latter boundary to Beacon GN454, the point of starting. Included within the boundaries above described but excluded from the quarantine area are: (a) Farm No. 16a bounded by Beacons P51, P52, P53 and P54; (b) a strip of land 9144 centimetres wide having the track of the Zambesi Saw Mills railway as its centre-line; and (c) a strip of land 3657.6 centimetres wide having the Katombora-Livingstone Road as its centre-line. The area is shown on a plan, No. S.D.T. 282, deposited in the office of

the Surveyor-General.

MAZABUKA RESEARCH STATION QUARANTINE STATION


Starting at Beacon W131, the easternmost corner beacon of Subdivision A of Farm No. 554, the boundary proceeds north-westwards along the eastern boundary of this subdivision and the eastern boundaries of Farms Nos. 1342 and 1343 (Remaining Extent) through Beacons W153 and L568 to Beacon L575, the north-eastern corner beacon of the latter farm; thence continuing in the same straight line along the boundary of Trust Land No. I to the right bank of the Kafue River; thence down the right bank of this river to the northern boundary of Farm No. 117a; thence westwards and southwards along the northern boundaries of this farm and Farm No. 116a and the western boundaries of Farms Nos. 116a, 115a (Remaining Extent), Subdivision F of Farm No. 115a and Subdivision B of Farm No. 115a through Beacons H, Ex and W2 to Beacon B on the northern boundary of Farm No. 114a; thence westwards and southwards along the northern and western boundaries of this farm through Beacon N to the point of intersection of the latter boundary with the production eastwards of the northern boundary of Farm No. 2837; thence westwards and southwards along this line and the northern and western boundaries of Farm No. 2837 through Beacons SU49, SU48 and SU47 to Beacon SU52 on the boundary of Mazabuka Township; thence following the boundaries of this township through Beacons BR254, BR255 and BR256 to the northern boundary of Lot No. 378/M "Mazabuka Landing Ground"; thence north-westwards, southwards and south-eastwards along the boundaries of this lot to the point nearest to and opposite Beacon BR258; thence to Beacon BR258; thence in a series of straight lines around Namuambwe Hill as follows: on a true bearing of 160 degrees for approximately 11,582.4 centimetres; on a true bearing of 215 degrees 30 minutes for approximately 9448.8 centimetres; on a true bearing of 268 degrees 30 minutes for approximately 23,164.8 centimetres; on a true bearing of 352 degrees for approximately 6400.8 centimetres; thence south-westwards to Beacon BR260 on the boundary of Mazabuka Township; thence north-westwards to Beacon SU94, the north-eastern corner beacon of Farm No. 2311; thence westwards and southwards along the boundaries of this farm through Beacon SU93 to Beacon SU92 on the northern boundary of the Great North Road 6096 centimetres Reserve; thence south-westwards along this boundary to the northern boundary of the Zambia Railways 9144 metres Strip Reserve near Beacon O1001; thence westwards along this boundary to Beacon W131, the point of starting.

THIRD SCHEDULE
(Regulation 5 (1)) 1. All stock. 2. The edible portions and organs of any stock whether fresh, chilled, frozen, salted or dried, but excluding cooked, canned or bottled products. 3. The hides, skins and manure of any stock. 4. Bones and bone-meal. 5. Meat meal, blood meal and carcass meal. 6. Unprocessed poultry feathers. 7. Any poultry crate or incubator which has been used. 8. Vaccines, toxins, sera or analogous biological products used for the diagnosis or treatment of stock diseases. 9. Animal semen.

FOURTH SCHEDULE
(Regulation 5 (2)) The following when used or intended to be used for feeding or bedding livestock: 1. Fodder or forage. 2. Hay. 3. Grass. 4. Straw of any variety.

FIFTH SCHEDULE
(Regulation 5 (3)) Grain other than wheat or wheat offals.

SIXTH SCHEDULE
(Regulation 6 (d))

QUARANTINE FEES

Fee units Stall fed stock, per head, per day . . .. .. .. 25n Veld fed stock at Research Station, Mazabuka, per head, per day . . .. .. .. .. .. . . 2n Cattle, veld fed, at Kazungula, per head, per month or portion of a month .. .. .. .. .. .. .. 25n Herding and driving fee for cattle from Kazungula to Livingstone, per head . . .. .. .. .. . . 10n Horses, per head, per day .. .. .. .. .. 25n Other stock or removal in quarantine, per head, per day . . .. 25n or such lesser fee as in the opinion of the officer in charge of the quarantine station shall cover the cost to the Government of such quarantine or removal in quarantine.
(As amended by Act No. 13 of 1994)

SECTION 15-THE TRYPANOSOMIASIS REGULATIONS Regulations by the Minister 1. These Regulations may be cited as the Trypanosomiasis Regulations.

Government Notice 444 of 1963 Title

2. For the purposes of these Regulations, unless the context otherwise Interpretation requires"specified area" means an area declared by the Minister to be a specified area in terms of regulation 3; "stock" means cattle, horses, donkeys, mules, sheep, goats and pigs. 3. The Minister may, by statutory notice, declare any area to be a specified area for the purposes of these Regulations. Declaration of specified areas

4. (1) No person shall move or cause to be moved any stock into, out of Movement to be

or through any specified area without a permit issued by a Veterinary Officer or person authorised by a Veterinary Officer. (2) No person shall, by his own act or neglect, allow any stock to stray or be otherwise removed, except as provided in these Regulations into, out of or through any specified area. 5. Any person who contravenes any of the provisions of regulation 4 shall be guilty of an offence. 6. (1) A Veterinary Officer may cause any stock in any specified area forthwith to be inoculated or branded with a distinctive brand or both inoculated and branded. (2) For the purpose of such inoculation, a Veterinary Officer may cause to be seized any stock which, in contravention of any instruction issued under the provisions of section nine of the Act, has not been assembled in accordance with such instructions.

under permit

Offence

Inoculation and branding

7. A Veterinary Officer may cause to be seized and detained, removed Disposal of stock or destroyed any stock found being moved in contravention of these Regulations or found straying within, into or out of any specified area. wrongfully moved or straying 8. The provisions of the Stock Diseases Regulations are hereby suspended in any specified area in so far as they are in conflict with these Regulations. REGULATION 3-SPECIFIED AREAS UNDER THE TRYPANOSOMIASIS REGULATIONS Notice by the Minister The areas described in the Schedule are hereby declared to be specified areas.
SCHEDULE

Suspension of Stock Diseases Regulations Government Notice 33 of 1964

1. That portion of the Mumbwa District west of the Mwembeshi River, and the Sala Reserve, No. XVIII. 2. The Soli Shamifwe Reserve, No. XVI. 3. The Soli Wa Manyika Reserve, No. XVII. 4. That portion of Trust Land which is bounded as follows: Starting at the source of the Nyangwena Stream in the Chainama Hills; thence westward along the line of the Chainama Hills to Kanakampuyu Hills; thence in a straight line north-westwards to the north-east corner Beacon T.411 of Farm No. 1350, Nimrod; thence in a southerly direction to the Chongwe River; thence downstream along the Chongwe River to its junction with the Nyangwena Stream; thence northwards along the course of the Nyangwena Stream to the point of starting. 5. That portion of the Luano-Lala Reserve, No. XIV, south and east of the Mwomboshi River. 6. That portion of Trust Land bounded as follows: Starting where the Mwapula Stream crosses the boundary of the Luano-Lala Reserve, No. XIV; thence upstream along the Mwapula Stream to where it crosses the boundary of the Soli Shamifwe Reserve, No. XVI; thence westward along the boundary of the Soli Shamifwe Reserve, No. XVI, to the Chainama Hills to Kanakampuyu Hills; thence in a straight line north-westwards to the north-east corner Beacon T.411 of Farm No. 1350, Nimrod; thence in a northerly direction along the boundary of Farms Nos. 2012u, 2009u, 2008u, and 699u, to the most southerly corner of Farm No. D.695 (Fig Trees); thence easterly along the boundary of the Luano-Lala Reserve, No. XIV, to the point of starting. 7. That portion of the Luano-Lala Reserve, No. XIV, lying north of the Mwomboshi River. 8. That portion of Trust Land bounded as follows: Starting at the point in the Chikonkomene Hills at the junction of the north-west boundary of the Luano-Lala Reserve, No. XIV, and the south-eastern corner of the Kabwe Urban District; thence eastwards along the northern boundary of the Luano-Lala Reserve, No. XIV, to the point where it meets the Mulungushi River; thence northwards along the Mulungushi River and along the west bank of the Mulungushi Dam and again northwards along the Mulungushi River to its junction with the Mkushi Road; thence following this road in a south-westerly direction for a distance of approximately 12.8 kilometres to a point where it crosses the eastern boundary of Forest Reserve No. 31: Kabwe; thence south-eastwards and south-westwards along the boundary of the said Forest Reserve to Beacon T.221, the south-eastern corner beacon of Farm No. 1019, Mayimba Extension; thence along the southern

boundary of that farm to Beacon T.219, its south-westerly corner beacon; thence westwards following the southern boundary of Forest Reserve No. 31: Kabwe, for a distance of approximately 3840.48 metres; thence in a southerly direction along the watershed between the Munyama and Mutenga streams to the point of starting in the Chikonkomene Hills. 9. North Choma Intensive Conservation Area. Mwomboshi Intensive Conservation Area. East Lusaka Intensive Conservation Area. North Lusaka Intensive Conservation Area. 10. Starting at a point on the Mashi River due south of Shangombo Village, the boundary proceeds northwards on a true bearing of 39 degrees for a distance of 16 kilometres; thence south-eastwards parallel to and at a distance of 16 kilometres from the Mashi River for a distance of 99.2 kilometres; thence south-westwards on a true bearing of 219 degrees to a point on the Mashi River; thence northwards along this river to the point of starting. 11. The Gwembe District. SECTION 15-THE EAST COAST FEVER REGULATIONS Regulations by the Minister 1. These Regulations may be cited as the East Coast Fever Regulations. Government Notice 445 of 1963 Title

2. For the purposes of these Regulations, unless the context otherwise Interpretation requires"hide" means the untanned skin of any cattle, sheep or goats; "place" means(a) in the case of a farm, the said farm;

(b) in the case of a grazing area leased or granted by Government, the said grazing area; (c) in all other cases, an area within a radius of 6.4 kilometres of the

cattle kraal in use by the stock; "specified area" means an area declared by the Minister to be a specified area in terms of regulation 3; "stock" means cattle, sheep and goats. 3. The Minister may, by statutory notice, declare any area to be a specified area for the purposes of these Regulations. Declaration of specified areas

4. (1) No person shall move or cause or allow to be moved into, out of, Movement of from any place within, or through any specified area any stock or any stock, etc., hide or grass or hay or straw, except under a permit issued by a prohibited Veterinary Officer or other person authorised by a Veterinary Officer. (2) No person shall, by his own act or neglect, allow stock to stray into, out of, from any place within, or through any specified area. 5. Any person who contravenes any of the provisions of regulation 4 shall be guilty of an offence. Offence

Powers of 6. (1) A Veterinary Officer may cause to be seized and detained, seizure and removed or destroyed any stock or any hide, hay or straw found being moved in contravention of these Regulations or any stock found straying destruction within, into or out of any specified area. (2) For the purposes of inspection or disinfection, a Veterinary Officer may cause to be seized any stock which, in contravention of any instruction issued under the provisions of section nine of the Act, has not been assembled in accordance with such instructions. 7. (1) A Veterinary Officer may cause any stock within any specified Disinfection area to be dipped or sprayed or otherwise disinfected and may destroy or and branding cause to be destroyed any stock suffering from or which he suspects to be suffering from East Coast fever. (2) A Veterinary Officer may brand or cause to be branded with a distinctive brand any stock within any specified area.

8. The provisions of the Stock Diseases Regulations are hereby suspended in any specified area in so far as they are in conflict with these Regulations. REGULATION 3-SPECIFIED AREAS UNDER THE EAST COAST FEVER REGULATIONS Notice by the Minister

Suspension of Stock Diseases Regulations Government Notices 32 of 1964 497 of 1964

The areas described in the Schedule are hereby declared to be specified areas.

SCHEDULE
1. The Isoka District. 2. The Lundazi District. 3. The Mbala District. 4. That portion of the Angoni Reserve in the area of Chief Mpezeni bounded by a line starting at the headwaters of the Lutembwe River and following that river to its intersection with the boundary of Farm No. 28; thence along the southern and eastern boundaries of Farms Nos. 28, 27, 34, 32 and 33 to the southernmost corner of Farm No. 33; thence south-east to Makwe Hill; thence due east to the point of intersection with the western boundary of Farm No. 73; thence along the western and north-western boundaries of Farms Nos. 73 and 50 to the Zambia-Malawi International Boundary; thence in a northerly direction along the Zambia-Malawi International Boundary to the point of starting. SECTION 15-THE BRANDING OF CATTLE (KASAMA DISTRICT) REGULATIONS Regulations by the Minister Statutory Instrument 128 of 1970

1. These Regulations may be cited as the Branding of Cattle (Kasama Title District) Regulations. 2. It is hereby provided that all cattle within the Kasama District of the Compulsory Northern Province shall be branded with the brand mark V.K. brand for cattle

in Kasama District SECTION 15-THE FOOT AND MOUTH DISEASE REGULATIONS Regulations by the Minister 1. These Regulations may be cited as the Foot and Mouth Disease Regulations. Government Notice 446 of 1963 Title

2. For the purposes of these Regulations, unless the context otherwise Interpretation requires"place" means(a) in the case of a farm, the said farm;

(b) in the case of a grazing area leased or granted by Government, the said grazing area; (c) in all other cases, an area within a radius of 6.4 kilometres of the cattle kraal used by the stock; "specified area" means an area declared by the Minister to be a specified area in terms of regulation 3; "stock" means those animals having cloven hooves which are included in the definition of stock in the Act. 3. The Minister may, by statutory notice, declare any area to be a specified area for the purposes of these Regulations. 4. (1) No person shall move or cause or allow to be moved into, out of, from any place within, or through any specified area any stock or any carcass or article specified in the Schedule, except under a permit issued by a Veterinary Officer. (2) No person shall, by his own act or neglect, allow any stock to stray into, out of, from any place within, or through any specified area. Declaration of specified areas Movement of stock and animal products prohibited

5. Any person who contravenes any of the provisions of regulation 4 shall be guilty of an offence. 6. A Veterinary Officer may cause to be seized and detained, removed or destroyed any stock or any carcass or article specified in the Schedule found being moved in contravention of these Regulations, or any stock found straying within, into, or out of any specified area.

Offence

Disposal of stock, etc., wrongfully moved or straying

7. (1) A Veterinary Officer may cause to be inoculated or branded with Inoculation and a distinctive brand or both inoculated and branded any stock in any branding specified area. (2) For the purpose of such inoculation, a Veterinary Officer may cause to be seized any stock which, in contravention of any instruction issued under the provisions of section nine of the Act, has not been assembled in accordance with such instruction. 8. A Veterinary Officer may, within or at any point on the boundary of any specified area, cause any vehicle to be stopped and examined for the presence of any stock or any carcass or article specified in the Schedule and may cause any vehicle so stopped to be disinfected forthwith. Disinfection and examination of vehicles

9. A Veterinary Officer may cause any building, cattle kraal, enclosure Disinfection of or other structure within a specified area to be disinfected in such premises, etc. manner as seems to him necessary for the prevention of the spread of foot and mouth disease and may, by written order attached thereto, prohibit the introduction into any building, kraal, enclosure or other structure of any stock. 10. The provisions of the Stock Diseases Regulations are hereby suspended in any specified area in so far as they are in conflict with these Regulations. Suspension of Stock Diseases Regulations

SCHEDULE
(Regulations 4, 6 and 8)

Any carcass, but excluding any cooked or processed part thereof. Milk or any product thereof taken from stock within the specified area. Forage, grass, hay or straw. Manure.

SECTION 15-THE STOCK DISEASES (VETERINARY FEES) REGULATIONS

Statutory Instrument 121 of 1993 Act No. 13 of 1994 Title

1. These Regulations may be cited as the Stock Diseases (Veterinary Fees) Regulations. 2. Registered Veterinary Surgeons and those authorised by the Director shall charge the fees set out in the Schedule to these Regulations for Veterinary services rendered by them.

Fees for Veterinary Services

SCHEDULE
(Paragraph 2) Fee units Consultations (verbal discussions only) 20 Night and weekend calls at the farm: -first hour 60 -for each subsequent hour or part thereof -charge/kilometre (if transport not provided)

40 2

LARGE ANIMALS-ANTIBIOTIC TREATMENT First treatment (consultation and treatment fee) 100 Follow up treatment 40 LARGE ANIMALS-SURGICAL PROCEDURES Large animals caesarian section 200 Calving case 120 Rasp teeth in horses 36 Castration in horses 160 Castration in cattle 8 Repair of fractures in horses 20

LARGE ANIMALS- VACCINATION Anthrax (per dose) 4 Black quarter (per dose) 2 Brucellosis (per dose) 4 HS (per dose) 2 Tetanus (per dose) price of vaccine/dose Vibro (per dose) price of vaccine/dose Bouivac (per dose) price of vaccine/dose Hertavac (per dose) price of vaccine/dose African Horse Sickness (per dose) price of vaccine/dose Botulism (per dose) price of vaccine/dose Samorin (per dose) 2 Berenil (per dose) 3 SMALL ANIMALS-ANTIBIOTIC TREATMENT First treatment (consultation and treatment fee) 24 Follow up treatment 18 SMALL ANIMALS-SURGICAL PROCEDURES Bitch spay 130 Cat spay 90 Dog castration 100 Cat castration 70 Bitch caesarian section 160 Cat caesarian section1 20 Bitch pyometra operation 140 Surgery for mammary and other neoplasms 110 (Exploratory) laparotomy Docking puppies tails 40 Removing dew claws 40 General Surgery: -first hour 90 -each subsequent hour 40 Suture wounds under local anaesthetic 40 Fee units X-ray examination 70 Repair of fractures (dogs and cats) Internal pinning 140 Eye extraction-dog 110 Eye extraction-cat 90 SMALL ANIMALS-VACCINATION DHL for dogs (per dose) 70 or price of vaccine/dose Parvo for dogs (per dose) 70

3,000.00

140

2,000.00

100

or price of vaccine/dose Feline panleukopenia in cats (per dose) 70 or price of vaccine/dose MISCELLANEOUS Pregnancy diagnosis/animal (with or without slaughter permit) 60 Cattle dipping (per animal) 1 Rabies vaccination (per dose) 4 Health certificate for export purposes: (a) Large ruminants (cattle, horses and similar) per ten animals 30 (b) Small ruminants (goats, sheep and similar) per ten animals 12 (c) Small animals (dogs, cats and similar) 20 (d) Poultry (per bird): -up to 5,000 birds 1 -5,000 to 10,000 birds 1 -above 10,000 birds 1 Sanitation of animals products: (a) Game trophies (per animal) 100 (b) Cattle products: -per 100 hide 20 -per 100 kg horns 10 Import permit 20 Stock movement permit (inter Provincial) 10 Stock movement permit (inter District) 4 Cattle stanning (per animal) 16 Medical and surgical manipulation in chicken (per chicken) 1 LABORATORY TESTS Large animals (postmortem) per animal Chicken (per sample of 5 chickens) 10 Serological testing (per sample) 12 Tissue/blood smears (per 10 smears) 20 (As amended by Act No. 13 of 1994) CHAPTER 253 THE PUBLIC POUNDS AND TRESPASS ACT
ARRANGEMENT OF SECTIONS

16

PART I PRELIMINARY

Section 1. 2. Short title Interpretation

PART II ESTABLISHMENT AND CONTROL OF POUNDS 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. Establishment of pounds Management and control of pounds Appointment of poundmasters Duties of poundmasters Receipts to be given for animals impounded Separate enclosures of pound Segregation of infected sheep and goats Care of animals impounded Use of animals impounded an offence Death of animals impounded Destruction of impounded animals when diseased, etc. Disease occurring in a pound Records of disease

16. Impounding of animals when more than one pound situate in same District 17. 18. 19. 20. 21. 22. 23. 24. 25. Notice to owners of impounded animals Duties of poundmaster when impounded animals are branded Brand Directory and scale of fees, etc., to be exhibited Pound book and details to be entered therein Pound book to be open for inspection Copies of entries to be forwarded to District Secretary Offences by poundmaster Penalties for making false entries, etc. Pound book to be available for inspection at sales

PART III

TRESPASS Section 26. Trespass on private property 27. Destruction of dogs, pigs, poultry or pigeons found committing damage 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. 41. 42. 43. 44. 45. 46. 47. 48. 49. 50. 51. 52. 53. 54. Tender by owner of amount of damage Wrongful use or conversion of animals trespassing, etc. Food and water to be supplied to animals confined Duties of landowners in connection with stray animals Rescue of animals Payment of mileage in respect of animals impounded Payment of trespass money in respect of cultivated land Payment of trespass money in respect of uncultivated land Double damages for repeated trespass Release of animals impounded Assessment of damages if otherwise inadequate Award by assessors Copy of award to complainant Trespass by infected sheep or goats Infection of one animal to be deemed infection of whole flock Claim for damages in respect of infected sheep or goats Reference of question as to infection to assessors Trespass by stallions, etc. Saving as to young stallions, etc. Reference to assessors Castration of impounded stallion Payment of fee for castration Postponement of castration Release of stallion without castration Trespass on outspans and State Land Impounding of animals so trespassing Trespass at dams or tanks

55.

Increased penalties for continued trespass as in section 54

PART IV POUND FEES Section 56. 57. 58. 59. 60. 61. 62. 63. 64. 65. 66. 67. 68. 69. 70. 71. 72. 73. 74. Fees receivable by poundmaster Sustenance fees Fees for animals separately herded Fees to be a charge on the animals Fee for attending sale Additional fee for unbranded horses and cattle Alteration of fees Validation of alteration of fees Altered fees to be gazetted Copies to be furnished to poundmasters Sale of impounded stock Notice of sale to be published in newspaper Posting of notice Arrangements for sales Poundmaster to act as auctioneer Animals to be impounded for at least three weeks before sale Manner of conducting sale Cash sale only and disposal of proceeds Consequences of illegal impounding

75. Rates at which fees payable when more than one pound is concerned PART V GENERAL 76. 77. 78. Penalty for molesting or scattering animals Saving as to other remedies for trespass Penalties

79. 80. 81. 82.

Impounding of animals alleged to have been stolen, etc. Application of Act Saving of rights of owner not within a declared area Other offences by poundmasters and others

83. Regulations in respect of other portions of Zambia not within a declared area Section FIRST SCHEDULE-Rate of mileage SECOND SCHEDULE-Trespass on cultivated land, etc. THIRD SCHEDULE-Trespass on uncultivated land FOURTH SCHEDULE-Pound fees FIFTH SCHEDULE-Sustenance fees SIXTH SCHEDULE-Fees for animals to be separately herded

CHAPTER 253

PUBLIC POUNDS AND TRESPASS

2 of 1920 36 of 1933 An Act to provide for the establishment, management and control of 47 of 1963 public pounds; to provide for the assessment of damages and trespass 57 of 1964 money in respect of animals found trespassing; to prescribe pound fees; Government and to provide for matters incidental to or connected with the foregoing. Notices 319 of 1964 [28th April, 1920] 497 of 1964 Statutory Instrument 29 of 1964 Act No. 13 of 1994 PART I PRELIMINARY

1. This Act may be cited as the Public Pounds and Trespass Act. 2. In this Act, unless the context otherwise requires"animal" includes cattle, horses, sheep, goats and pigs; "cattle" means any bull, cow, ox, steer, heifer or calf; "declared area" means any portion of Zambia to which the provisions of this Act have been declared to apply; "flock" means any number of sheep or goats, more than one, which are in one lot, or under the charge of one person; "goat" means any ram, ewe, wether or kid; "horse" means any horse, mare, gelding, colt, filly, ass or mule; "owner", in relation to land, includes a lessee or occupier and, in relation to any animal, an agent or caretaker; "pound" means a pound established under the provisions of this Act; "pound assessor" means any person appointed by a District Secretary as a pound assessor for his District; "sheep" means any ram, ewe, wether or lamb; "stallion" means any male horse, ass or mule not castrated; "sufficient fence", when applied to wire fences, means a fence of so many wires and of such construction as the District Secretary shall from time to time decide; in other cases, a wall fence or barrier at least one hundred and thirty-seven centimetres high and through which no animal could pass without breaking the same. (As amended by S.I. No. 29 of 1964)

Short title Interpretation

PART II ESTABLISHMENT AND CONTROL OF POUNDS 3. The Minister may, by statutory notice, establish a pound at any place Establishment within a declared area and may similarly abolish any pound so of pounds established. (As amended by G.N. No. 319 of 1964) 4. The management and control of every pound shall be vested in the District Secretary of the District in which such pound is situate. Management and control of pounds Appointment of pound-masters

5.

The District Secretary may appoint-

(a) a poundmaster of any pound in his District subject to the terms of the contract entered into between the District Secretary and such poundmaster: Provided that(i) no person shall at the same time be poundmaster of more than one pound; and (ii) no person shall be appointed or continue as poundmaster who is a licensed dealer in intoxicating liquor; (b) as many pound assessors as may be requiste; and such District Secretary may dismiss any such poundmaster or pound assesor. 6. (1) It shall be the duty of every poundmaster to receive into his charge all animals tendered at his pound between sunrise and sunset by any owner, or by the caretaker for any owner, or by any person authorised in writing thereto by such owner or caretaker, in order to be impounded, as having been found trespassing upon the land of such owner. (2) Any poundmaster who refuses or neglects to receive animals

Duties of poundmasters

tendered as aforesaid shall be liable on each occasion to the penalty prescribed by section seventy-eight, and shall in addition be liable for any damage caused to the owner of the said animals, or to any other person by reason of such refusal or neglect. (3) In case any horses or cattle suffering from any contagious disease shall be sent to the pound, such horses or cattle shall be kept separate from all other impounded stock, and the poundmaster may, subject to the provisions of section thirteen, cause the same to be destroyed. 7. The poundmaster, or someone acting on his behalf, shall give to the person delivering animals into his charge a written receipt, setting forth the number and description of the animals so delivered, and specifying the trespass for which the said animals are reported to be impounded. 8. Every poundmaster shall maintain in good repair, and as far as possible free from all infection, not less than three separate and sufficient enclosures, that is to say, one for horses, one for cattle, and one for sheep, goats and pigs: Provided that the District Secretary may, in regard to any pound in his District, give permission to the poundmaster to maintain in manner aforesaid a lesser number of such enclosures. 9. (1) Every poundmaster shall, with regard to sheep or goats which are Segregation of infected with scab when received at his pound, or which become infected sheep infected during their detention, keep such sheep or goats entirely and goats separate, at all times, from other impounded animals not so infected, and shall dip or dress, with one of the recognised dips, every such infected sheep or goat as often as may be reasonably necessary. (2) The owner of every such infected sheep or goat shall be bound to pay to the poundmaster, in respect of such dipping or dressing, such sum as may be due under a tariff framed for that purpose by the District Secretary. 10. (1) Every poundmaster shall take proper care of any animal Care of animals impounded, and shall be responsible to the owner of any such animal for impounded any damage or injury sustained by reason of any neglect or default on Receipts to be given for animals impounded Separate enclosures of pound

the part of himself or any person acting for him or on his behalf. (2) In case any animal received into a pound shall prove to be dangerously vicious, the poundmaster shall apply to the District Secretary, who shall make such order thereon as he shall deem fit, and may order its destruction. 11. Any poundmaster who shall ride or otherwise work or use any impounded animal shall be liable for every such offence to the penalty prescribed by section seventy-eight. Use of animals impounded an offence

Death of 12. In case of the death or injury of any impounded animal, the poundmaster shall enter in his pound book a description of such animal, animals and the cause of its death or injury; and the absence of any such entry, or impounded its falsity in any material respect, shall be held to be prima facie proof of the fact that the death or injury in question was due to the default of the poundmaster. 13. Any poundmaster may destroy, subject to the exceptions hereinafter stated, any impounded animal suffering from a contagious disease, or likely to prove dangerous to human life, or destructive to other animals impounded: Provided that(i) the poundmaster shall completely and effectually isolate any diseased animal away from any road; (ii) no such animal shall be destroyed until a Government Veterinary Officer or a pound assessor or two disinterested landowners shall have examined it, and shall agree with the poundmaster as to the necessity for its destruction; (iii) the poundmaster shall summon the owner of such animal, if known, to attend the examination aforesaid, which summons may be by letter duly sent through the post; (iv) if the owner of the animal objects to its destruction, the poundmaster may release it. If such owner shall give an undertaking to destroy the animal the poundmaster shall release at the same time all other animals belonging to him which may have been impounded on the same occasion as the animal proposed to be destroyed; (v) A. every pound assessor or landowner attending for the purpose Destruction of impounded animals when diseased, etc.

of the inspection aforesaid, shall be paid by the poundmaster the sum of seventy-five ngwee, together with railway fare, or if and so far as no railway shall be available, horse-hire at eight ngwee per mile or bicycle hire at five ngwee per mile; B. the amount so paid may be recovered by the poundmaster from the owner of the animal if it be destroyed; C. if the animal be not destroyed or if the owner be unknown, or if it be impossible to recover from the owner the whole or any part of such amount, then the said amount, or the portion of it unrecovered, as the case may be, shall be paid to the poundmaster by the Government; (vi) nothing in this section shall apply to sheep or goats suffering merely from scab. 14. Any poundmaster who shall sell any cattle at a pound wherein any Disease contagious disease has occurred within six months of the date of such occuring in a sale shall, at the time of sale, first publicly declare at what date the last pound case of any contagious disease occurred in the pound. 15. Every poundmaster shall keep a book for the purpose of entering Records of disease therein a record of each case of contagious disease, showing the date when any animal was destroyed and stating whether on examination the poundmaster and the witness or witnesses pronounced the animal to be infected, and recording the marks by which such animal was to be distinguished; and such book shall be received in evidence if any question arises concerning the destruction of any animal under the provisions of this Act or compensation in respect thereof. 16. (1) No poundmaster who is in charge of a pound situated within a distance of nineteen kilometres from any other pound in the same District shall confine in his own pound any animals found trespassing upon property belonging to himself; but such animals shall be sent to such other pound which is within such distance of nineteen kilometres in the same District as may be nearest to his own pound by a practicable road or thoroughfare. (2) Any poundmaster sending such animals to another pound shall enter in his pound book the number and description of the animals sent. (3) For contravention of any of the provisions of this section a poundmaster shall be liable to the penalty prescribed by section Impounding of animals when more than one pound situate in same District

seventy-eight. 17. Every poundmaster who knows the name of the owner of any animals impounded in his pound shall forthwith send through the post, or otherwise, a written notice addressed to such owner at his place of residence informing him of the fact that the said animals have been impounded. 18. (1) Upon the establishment of a pound, the Registrar of Brands shall furnish the poundmaster thereof with a copy of the Brand Directory which shall have been last compiled under the provisions of section nine of the Brands Act and shall furnish such poundmaster with a copy of every Brand Directory thereafter compiled. Notice to owners of impounded animals

Duties of poundmaster when impounded animals are branded. Cap. 244

(2) The poundmaster of every pound wherein any animal bearing a brand shall be impounded shall without delay give notice, either verbally or by letter sent or duly posted, to the proprietor of such brand if found to be registered. (3) For every letter so sent the poundmaster shall be entitled to a fee of ten ngwee, plus postage (if any) paid thereon. 19. (1) Every poundmaster shall have and preserve at or near his pound Brand Directory a copy of this Act and of the last Brand Directory received by him, and and scale of the same shall at all reasonable times be open for reference to the public. fees, etc., to be exhibited (2) Every poundmaster shall erect and maintain at or near the pound a board upon which shall be printed, painted or written in legible characters the rates of fees and damages fixed by the First, Second, Third, Fourth, Fifth and Sixth Schedules, or such other rates as the District Secretary may authorise in their place. 20. (1) Every poundmaster shall keep a pound book, and the following Pound book and particulars shall be legibly entered by every poundmaster in his pound details to be book: entered therein

(a) the date when and the cause for which all animals received by him are impounded; (b) the number and description of such animals, including any brands or marks thereon; (c) the name and residence of the person impounding such animals and the name and residence of the owner or supposed owner; (d) the date and particulars of the release or sale of the animals, as the case may be; (e) any other matters which he may be directed by the District Secretary to ascertain and record, and the particulars of any notice sent to him in terms of section thirty-one. (2) The said entries shall be made at the time the acts recorded were done, or so soon thereafter as possible; but not after any dispute concerning them has arisen. (3) Generally, in regard to the forms in which entries in the pound book are to be made, the poundmaster shall follow such directions as he may receive from the District Secretary. 21. (1) Every pound book shall be kept at the residence of the poundmaster, and shall at all reasonable times be open for inspection, free of charge, by(a) (b) (c) the District Secretary; any person authorised by such District Secretary; any police officer of or above the rank of Assistant Inspector; Pound book to be open for inspection

(d) a Government Veterinary Officer and any officer appointed under any written law relating to diseases in animals; and shall be similarly open to every other person upon payment of a fee of five ngwee for each inspection.

(2) Every poundmaster shall grant extracts, signed by himself, from his pound book to any person demanding the same, upon payment of ten ngwee for every such extract not exceeding one hundred words and five ngwee for every subsequent hundred or part of one hundred words. (As amended by No. 47 of 1963) 22. (1) Every poundmaster shall, within a fortnight after the date of Copies of each pound sale, forward to the District Secretary a copy of all entries in entries to be his pound book made since the date of the preceding transmission. forwarded to District Secretary (2) The District Secretary shall preserve all such copies in his office for the inspection of any person desirous of seeing them. 23. Every poundmaster who shallOffences by poundmaster

(a) refuse to allow his pound book, Brand Directory or copy of this Act to be inspected by any person having a lawful right to inspect them; or (b) neglect in any respect to comply with the provisions of sections sixty-six to seventy-one inclusive; or (c) neglect or refuse to forward to the District Secretary the copies of entries referred to in the preceding section; shall be liable for each offence to the penalty prescribed by section seventy-eight. 24. (a) (b) Every poundmaster who shallknowingly make a false entry in his pound book; fraudulently destroy or erase any entry already made; or

Penalties for making false entries, etc.

(c) wilfully deliver to the District Secretary aforesaid a false copy or extract from his pound book; shall be liable to the penalty prescribed by section seventy-eight. 25. Every poundmaster shall take his pound book with him to every Pound book to sale of animals impounded in his pound, and such book shall be open, at be available for the place of sale, free of charge, to all persons desirous of inspecting it. inspection at sales

PART III TRESPASS 26. (1) Any owner upon whose land any animal is found trespassing may send such animal to that pound which is the nearest, by a practicable road or thoroughfare, to the land trespassed upon, and to no other pound: Provided that such land shall not be an unfenced stand within the limits of a town or village. (2) The Minister may, by statutory notice, define an area and specify the pound to which any animal trespassing in such area or in any part thereof shall be sent. (As amended by G.N. No. 319 of 1964) 27. (1) All pigs, poultry or pigeons found trespassing in or uponDestruction of dogs, pigs, poultry or pigeons found committing damage Trespass on private property

(a) any garden, including any market garden or kitchen garden or orchard; (b) any place upon which any species of cultivated crop is growing, or upon which such crop, having been gathered, is still lying; (c) any place containing grain;

may be destroyed by the owner or any person acting by his authority. (2) (a) Any dog found trespassing at any time in a fenced camp or enclosed place, in which there are game animals, may be destroyed.

(b) The owner of any dog, or any person having a dog in his possession or under his control, shall be liable to make good any damage done by such dog to any game or animals in any fenced camp or enclosed place. 28. (1) The owner of any animals liable to impoundment for trespass may, before the animals have been removed from the property trespassed upon, tender to the person complaining of the trespass a sum of money to cover the damage suffered by him, or the trespass money lawfully claimable under any section of this Act in connection with such trespass: such tender to be made to the complainant himself or his caretaker. (2) If such animals as aforesaid are in course of being conveyed to the pound, then their owner may tender a sum of money to cover the damage or trespass money aforesaid, and also the mileage to which the person complaining of the trespass would be entitled under this Act if the animals had actually been impounded: such tender may be made either to the complainant himself or to his servant or agent charged with the duty of conveying the animals to the pound. (3) If the said tender be refused, the person complaining of trespass shall pay the cost of all legal proceedings which the owner may thereafter institute in respect of the detention of the animals after the date of the tender, and shall be liable for all damages sustained by the owner by reason of such detention, unless the tender is found to be insufficient by a competent court, or unless in the opinion of such court the tender was refused by the complainant, or person in charge of the animals, in the bona fide belief that the person making the tender was not the owner or the duly authorised agent of the owner. 29. No person shallWrongful use or conversion of animals trespassing, etc. Tender by owner of amount of damage

(a) use or retain possession of or sell or otherwise dispose of any animal found astray; or (b) sell or dispose of any animal found trespassing upon his property; under the penalty prescribed by section seventy-eight: Provided that the recovery of any such penalty shall be no bar to any prosecution for theft, or to the recovery from such person of the value of

the animal and damage for its illegal detention or sale. 30. No person who has seized animals for the purpose of being impounded shall tie them up or cause them to be confined in any stable, kraal or other enclosure without food or water for a longer period than six hours during the day-time. 31. (1) No owner shall ride, work or use any animal found trespassing upon his land or detain such animal in any stable or enclosure for any space of time longer than twenty-four hours: Food and water to be supplied to animals confined Duties of landowners in connection with stray animals

Cap. 252 Provided that where a permit for the removal of any such animal to a pound is required under the provisions of the Stock Diseases Act or any regulations made thereunder, the owner of such land shall immediately take steps to obtain such permit and may retain the animal until the permit is received. (2) No owner shall knowingly allow any stray animal to remain upon his property for a period longer than two weeks, unless he shall have forwarded to the owner of the animal, if known to him, or to the nearest poundmaster, a notice of the presence of such animal upon his property. Such notice shall be sent by letter delivered or duly posted, or shall be given personally, and shall set forth, as nearly as possible, the species, marks and distinguishing peculiarities of the animal in question, and, in regard to horses and cattle, their colour also. (3) A poundmaster receiving any such notice as is referred to in subsection (2), shall place upon the notice-board referred to in section nineteen a notice setting forth fully what has been communicated to him, and shall also send a copy of such notice to the District Secretary to be put up where notices are usually placed for public information. In the advertisement prepared in accordance with the requirements of section sixty-six, attention shall be directed to the contents of any such notice. (4) No person shall, by public advertisement, intimate or notify that if the owner of any animal either found astray or trespassing upon his property shall fail to claim it, such animal will either be retained by him or be dealt with in any other manner than by impounding.

(5) No person shall furiously drive, worry or wantonly ill-treat any animal found trespassing, or conduct the same to the pound by any except the shortest available road or thorough-fare, unless some other shall be more desirable for the animal itself, or send any number of animals found trespassing at the same time and place in separate lots to the pound with the object of obtaining additional mileage. (6) Any person contravening this section shall be liable to the penalty provided by section seventy-eight, and shall make good to the owner of such animal or animals any damage sustained by reason of such infringement. 32. (1) No person shall rescue or incite or assist any other person to rescue any animals lawfully impounded, or lawfully seized for the purpose of being impounded. (2) No person shall break down, injure or destroy any pound duly established, whether animals are impounded therein or not, or commit any act whereby animals shall escape or be at large from such pound, under the penalty prescribed by section seventy-eight. 33. Every person who delivers any animals to a poundmaster to be impounded shall be entitled to receive from such poundmaster mileage at the rate set forth in the First Schedule: Payment of mileage in respect of animals impounded Rescue of animals

Provided that(i) when the person so delivering the said animals is not himself the owner of the land trespassed upon, or the caretaker for the owner, then he shall produce a written memorandum signed by such owner or caretaker giving a description of the animals, and authorising the bearer to convey them to the pound, and every such memorandum shall be preserved by the poundmaster as a voucher; (ii) when more persons than one have been necessarily employed in conveying the said animals to the pound, mileage shall only be paid by the poundmaster to one of such persons; but the person impounding the animals may recover from the owner thereof, in any competent court, similar mileage in respect of every other such person so employed.

34.

The owner of any animal lawfully impounded for trespass upon-

(a) any garden, including any market garden or kitchen garden or orchard; (b) any place upon which a cultivated crop is growing, or upon which such crop, having been gathered, is still lying; (c) any yard, floor or place containing grain or dried fruit; shall, subject to the provisions hereinafter contained, be liable to pay trespass money to the owner of the property trespassed upon, calculated according to the rates set forth in the Second Schedule: Provided that(i) any owner, or the caretaker for any owner, sending animals to the pound for a trespass under this section, shall at the same time send a signed memorandum to the poundmaster setting forth the number and description of the animals and the species of place or property upon which they have trespassed; (ii) when the person impounding elects to claim trespass money calculated according to the Second Schedule, the memorandum shall state the amount so claimed; but if he elects to refer the amount of damage to the award of a pound assessor and landowners as provided by section thirty-eight, or if he elects to proceed for damages by action, the memorandum shall state such election on the part of the person signing it; (iii) if the memorandum delivered with the animals does not state the species of place or property upon which they have trespassed, then they shall be considered as impounded for trespass under section thirty-five; (iv) when such animals are taken to the pound by the owner or caretaker aforesaid in person, then the verbal statement of such owner or caretaker upon the matters referred to in provisos (i) to (iii) shall be taken and recorded by the poundmaster. 35. The owner of any animals lawfully impounded for trespass upon any uncultivated ground, or any place not of the description in the last preceding section given, shall be liable to pay trespass money to the owner of the property trespassed upon at the rate set forth in the Third Schedule.

Payment of trespass money in respect of cultivated land

Payment of trespass money in respect of uncultivated land

36. In case any property shall be trespassed upon on more than one Double occasion within the space of fourteen days by animals belonging to the damages for same owner, then the said owner shall be liable in respect of the second repeated

trespass to pay twice the amount of trespass money which would have been payable under this Act, had such second trespass not been a repeated trespass.

trespass

37. (1) No poundmaster shall release any impounded animal until there Release of shall have been paid to him, in addition to all other fees and charges, the animals amount of all damages or trespass money due and payable under impounded sections thirty-four, thirty-five, thirty-six, forty, forty-one, forty-three, forty-seven, fifty-three and fifty-four, in respect of such animals. (2) In case of the release of any such animals, without payment of the damages or trespass money aforesaid, the poundmaster shall be liable for such damages or trespass money. 38. If any owner shall consider the amount of trespass money claimable under this Act inadequate for the damage done to his property by animals trespassing thereon, he may demand that such damage shall be assessed by the nearest pound assessor, as umpire or referee, and two landowners as arbitrators. In every such case the following provisions shall apply: (a) the owner intending to have the amount of damages assessed by arbitration under this section shall give notice to the owner of the animals (where he is known) and to the nearest pound assessor within twenty-four hours after the trespass has been committed; (b) the owner shall appoint one arbitrator, and the owner of the animals (where he is known) the other. If the owner of the animals neglects or refuses to appoint an arbitrator, then the arbitrator nominated by the owner of the property shall proceed to assess the damages in conjunction with a landowner nominated by the nearest pound assessor as a second arbitrator; if the nearest pound assessor is away from home or fails to nominate the second arbitrator, then such second arbitrator shall be nominated by the nearest pound assessor willing to make such nomination; (c) if the nearest pound assessor is absent from home, or is unable or unwilling or fails to act, then the two arbitrators appointed shall select some impartial landowner to act as referee in place of the pound assessor; (d) if the owner of the animals is unknown, then the assessment shall only take place in the presence of a pound assessor. The owner of the property shall in such cases obtain the services of the nearest available pound assessor, who shall appoint two landowners as arbitrators and shall himself act as umpire or referee; Assessment of damages if otherwise inadequate

(e) the pound assessor referee shall appoint a convenient time for the inspection of the property trespassed upon; and the referee and arbitrators shall be entitled to receive from the complainant for their services the sum of seventy-five ngwee each, together with railway fare or, if and so far as no railway shall be available, horse-hire at eight ngwee per kilometre or bicycle at five ngwee per kilometre, which charge, as well as the damage assessed, shall be paid to the complainant by the owner of the animals in case the damages assessed shall exceed the amount which would under any of the Schedules have been claimable; (f) if any owner of property who demands arbitration under this section shall agree with the person from whom he claims damages to submit the matter to any single referee or to any arbitrators whom the parties may select, then such referee or arbitrators shall, unless the written agreement for arbitration shall otherwise provide, be bound to act in accordance with the provisions of this section, and their award shall be considered to be of the same effect as if it had been given by the pound assessor and landowners herein mentioned. 39. Every award made under the preceding section shall be in writing, Award by assessors and shall be signed by the arbitrators and by the pound assessor or referee, or, in the case of a single landowner being lawfully entitled to make it as referee, by such landowner; and it shall state the amount at which the damage has been assessed, and also whether the complainant or the owner of the animal is liable to pay the charge for the award: Provided that if the pound assessor or referee and landowner shall not agree in their assessment, then the amount agreed upon by any two of them shall be the amount awarded. 40. Every such award shall be handed to the complainant, who shall send a true copy of such award to the poundmaster of the pound to which the animals have been sent, and thereupon the assessed damages and charges, if allowed, shall become a charge upon the animals impounded. Copy of award to complainant

41. (1) The owner of any sheep or goats infected with scab, and found Trespass by trespassing upon any property, shall, if the said sheep or goats are not infected sheep found mixed with other sheep or goats belonging to the owner of the or goats property and free from the said disease, be liable to pay to the owner of

the property twice the amount of trespass money which would have been payable under the provisions of sections thirty-four and thirty-five in regard to a similar trespass by sheep or goats not so infected. (2) In case the trespassing sheep or goats are found mixed with other sheep or goats belonging to the owner of the property, then their owner shall be liable to pay to the owner of the property four times the amount of trespass money which would have been payable under the aforesaid sections in regard to a similar trespass by sheep or goats not so infected. (3) Any person who shall wilfully drive any sheep or goats infected with scab into or upon the property of another person, upon which property there are at the time any sheep or goats not infected with the said disease, shall, in addition to any damage or trespass money payable under this Act or otherwise, be liable, on conviction, to be imprisoned, with or without hard labour, for any period not exceeding six months. 42. For the purposes of this Act, if any sheep or goat found trespassing is infected with scab as in the last preceding section mentioned, then all sheep or goats in the same flock, and found trespassing at the same time, shall be deemed to be similarly infected, and if any sheep or goat in any flock with which any other flock has become mixed is so infected, then the entire mixed flock shall be deemed to be similarly infected. 43. If damages are claimed for the trespass of any sheep or goats alleged to be infected with scab, the pound assessor or referee and the arbitrators shall, before awarding any damages, be satisfied that the trespassing sheep or goats are infected with scab and shall ascertain whether or not the trespassing sheep or goats were found mixed with sheep or goats not trespassing and free from such disease. 44. The owner of any sheep or goats alleged to be infected with scab and with respect to the trepass of which trespass money is claimed under this Act may, upon depositing with the poundmaster the sum of two kwacha and twenty-five ngwee, demand that the question whether the said sheep or goats are so infected be submitted for decision to the award of a pound assessor and two arbitrators; and thereupon the provisions of section thirty-eight shall apply to every such case. Infection of one animal to be deemed infection of whole flock

Claim for damages in respect of infected sheep or goats

Reference of question as to infection to assessors

45. The owner of any stallion, bull, sheep-ram or goatram, which shall Trespass by

be found trespassing upon the property of another person, and found to stallions, etc. be in company with any mare, cow, heifer or ewe, respectively, belonging to the owner of such property or being thereon with the consent of the owner of such property, shall be liable to pay to him in addition to all other pound fees or charges, a penalty calculated upon the following scale: (a) for every stallion so found, a sum not exceeding three hundred penalty units; (b) for every bull so found, a sum not exceeding one hundred and fifty penalty units (c) for every sheep-ram or goat-ram so found, a sum not exceeding thirty penalty units. (As amended by No. 36 of 1933 and Act No. 13 of 1994) 46. The provisions of the last preceding section shall not apply to any Saving as to stallion under the age of two years, to any bull under the age of one year, young stallions, and to any sheep-ram or goat-ram under the age of nine months, and the etc. trespass money payable in respect of any stallion, bull, sheep-ram or goat-ram, found trespassing, but not under the circumstances detailed in the last preceding section, shall be the same amount that would have been payable in respect of a similar trespass by a gelding, ox or wether, as the case may be. 47. Any person who is entitled to claim damages under section Reference to forty-five may require that the amount of damages shall be determined assessors by a pound assessor or referee and two landowners; and in that case the provisions of section thirty-eight, thirty-nine and forty shall apply to such determination and inquiry. 48. No stallion above the age of two years which shall hereafter be lawfully impounded shall be released by the owner thereof, or sold out of the pound, without being previously castrated, unless such stallion shall be released under the provisions of section fifty-one. Castration of impounded stallion

49. (1) Every such stallion not released under the provisions of section Payment of fee fifty-one shall be castrated by the poundmaster, if competent to perform for castration such operation, or by some other competent person employed by him at his own expense, and such poundmaster shall be allowed for the performance of this duty a fee of fifteen fee units, to be recovered from the owner of such stallion, if known, or deducted from the proceeds of sale should such animal be sold out of the pound:

Provided that no such fee as aforesaid shall be recoverable from the owner in respect of any animal which shall die while in the poundmaster's keeping in consequence of such castration. (2) If the said proceeds be insufficient to pay the said fee, then the amount of such fee shall be paid to the poundmaster by the Government. (As amended by Act No. 13 of 1994) Postponement 50. No stallion shall (except as hereinafter is provided) be castrated under the provisions of this Act until it shall have remained impounded of castration for at least three weeks; and any stallion not sooner released by or on behalf of the owner thereof, shall, subject to such regulations as may be in force at the date of such sale, be sold at the first pound sale occurring after the expiration of thirty days from the date of such stallion having been impounded: Provided that if the owner of such stallion shall give his consent, or shall decline to release it under section fifty-one, such stallion may be castrated forthwith, and shall be castrated without unnecessary delay, should the owner thereof desire to release the same under the provisions of this Act. 51. The owner of any stallion which may hereafter be impounded shall Release of be entitled to release such stallion without its being castrated, upon stallion without payment of pound fees and other charges, and upon giving security to castration the satisfaction of the District Secretary or pound assessor for the payment of any fine or penalty and costs of suit recoverable under section forty-five: Provided that(i) every such owner shall be entitled to tender to any person claiming any penalty under section forty-five, such sum as he shall consider adequate to cover such fine or penalty as aforesaid; (ii) in the event of such tender being refused, the person claiming any such fine or penalty shall be condemned in the costs of such legal proceedings as he may afterwards institute for the recovery thereof, unless the court in which the same shall be pending shall award such fine or penalty as shall exceed the amount so tendered.

52. (1) In each District, every District Secretary and pound assessor, Trespass on and also any person authorised in writing by any of the said persons, outspans and may impound any animals found upon any outspan place or vacant State State Land Land in such District. (2) Subsection (1) shall not apply to animals in the possession of travellers who have outspanned for a period not greater than twenty-four hours, or for any period during which they may be detained by stress of weather or other sufficient cause upon the said outspan place. 53. (1) All animals impounded under the last preceding section shall be Impounding of sent to the same pound as would have been the case had the outspan or animals so trespassing vacant State Land been private property, and they had trespassed thereon. (2) The same mileage and trespass money shall be payable as if the said outspan or such vacant land were private property. (3) The mileage shall be paid to the person taking the animals to the pound, and the trespass money shall be paid to the District Secretary, or to some person entitled to receive it for him. 54. Any animal not belonging to, or in the possession of a traveller Trespass at which is found trespassing upon any dam or tank belonging to the dams or tanks Government, and intended for the use of travellers and their cattle only, may be impounded by any of the persons mentioned in section fifty-two, or by any person duly authorised to take charge of such dam or tank; and the person so impounding shall be entitled to the mileage as in the last preceding section provided. 55. If animals belonging to the same person shall, on more than one occasion during any period of three months, be impounded under the provisions of section fifty-four, then such person shall, in addition to all other fees and charges, be liable to the penalty prescribed by section seventy-eight. Increased penalties for continued trespass as in section 54

PART IV POUND FEES 56. Every poundmaster shall be entitled to demand or retain, as the Fees receivable case may be, in respect of every animal impounded with him under this by Act, the fees enumerated in the Fourth Schedule, and no animal shall be poundmaster. considered to be impounded until it shall have been actually placed within the pound kraal. 57. Every poundmaster shall be entitled, in addition to the fees in the last preceding section mentioned, to demand or retain, as the case may be, a further fee for every day during which any such animal shall be herded, grazed and fed by him; such fee to be in accordance with the Fifth Schedule. 58. Every stallion above the age of two years, every bull above the age of two years, every sheep-ram, goat-ram or boar above the age of nine months, and every animal which, from contagious disease, dangerous vice, or other reason, shall be unfit to run with the remaining herd, shall be kept and fed separately; and the fees to be received or retained, as the case may be, by the poundmaster for the keeping and feeding of such animal shall be those enumerated in the Sixth Schedule. Sustenance fees

Fees for animals separately herded

59. The fees mentioned in the last three preceding sections shall be Fees to be a paid to the poundmaster for his own use by the owner of the animals charge on the impounded; and the said fees, together with the mileage paid by the animals poundmaster, in terms of this Act, shall be a charge upon such animals; and such animals may be detained by the poundmaster in security of the said fees and mileage: Provided that(i) if the value of the animals impounded is in excess of the total charges due thereon and ascertained under this Act, then the poundmaster shall only detain so many of the said animals as may be reasonably sufficient to secure the total charges due upon all the animals, and shall deliver the remainder of the animals to the owner; (ii) any poundmaster who shall retain, after demand, any greater number of such animals than is reasonably necessary to secure such

charges as aforesaid, shall be liable to the owner thereof for any damages sustained by him on account of such retention. 60. (1) Every poundmaster shall, for his attendance at every pound sale, Fee for as hereinafter provided, be allowed a fee of fifteen fee units, to be paid attending sale proportionately out of the proceeds of the animals sold at such sale. (2) If such proceeds be insufficient, then the Government shall, through the District Secretary, pay to the poundmaster such amount as, together with the sum received by him from the proceeds, shall amount to fifteen fee units. (As amended by Act No. 13 of 1994) 61. In addition to the fees hereinbefore provided, every poundmaster shall receive for every horse or head of cattle impounded in his pound, and bearing no registered brand, an additional fee of five ngwee, which shall be a pound charge on such animal. Additional fee for unbranded horses and cattle

62. The District Secretary may from time to time alter the tariff of fees Alteration of and rates fixed in any of the Schedules in respect of all pounds situated fees in his District. 63. Every such alteration or amendment of any of the Schedules, when Validation of published as hereinafter provided, shall be of the same legal force as if it alteration of fees had formed part of the original Schedule, and shall be taken to be included in any reference made in this Act to such Schedule. 64. No such altered tariff shall take effect until it has been published in Altered fees to the Gazette and in some newspaper circulating in the District. be gazetted 65. As soon as the District Secretary shall have framed and published Copies to be furnished to an altered or amended Schedule as hereinbefore provided, each poundmaster in the District shall be furnished by the District Secretary poundmasters with a copy thereof. 66. Whenever any impounded animals shall not be released within ten Sale of days from the date of their impoundment, the poundmaster shall forward impounded to the District Secretary an advertisement setting forth the species, stock

marks, brands and distinguishing peculiarities (if any) of such animals, and, in regard to horses and cattle, their colour also. Such advertisement shall notify that the animals therein mentioned will be sold at the next sale of impounded cattle, and shall set forth the time and place of such sale. 67. Every advertisement or notice of the sale of impounded animals Notice of sale to shall be published at least twice in succession in such paper or papers as be published in the District Secretary may direct, and the expense of such publication newspaper shall be borne by the Government. Posting of 68. Every poundmaster, upon sending such advertisement to the notice District Secretary as aforesaid, shall post a copy of it in some conspicuous place at or near his pound, there to remain until the day of sale, and the District Secretary shall also send a copy by post to every other poundmaster in the District, and every poundmaster receiving such copy of an advertisement as aforesaid shall post the same in a conspicuous place at or near his pound, there to remain until the date of sale therein mentioned. 69. The sale of animals impounded in the several pounds of each District shall take place, as nearly as may be, at intervals of one month; and shall be held at such places as the District Secretary may appoint: Provided that(i) the dates of the said sales shall, as far as possible, be so arranged as to cause each successive sale to be held in a different month, and to allow a notice of at least fifteen days to be given of the sale of any animals; (ii) all District Secretaries shall transmit to the Minister for insertion in the Gazette once in the month of January, and again in the month of July, in each year, a notice setting forth the dates and places at which the several pound sales in the District are appointed to take place. (As amended by G.N. No. 319 of 1964) 70. At every sale of impounded stock the poundmaster shall act as Poundmaster to auctioneer. No auctioneer's licence shall be necessary in order to enable act as a poundmaster so to act. No poundmaster shall be directly or indirectly auctioneer interested in any purchase at any sale so held by himself. Arrangements for sales

71. No animal shall be put up at any such sale unless it has been impounded for at least three weeks, except with the consent of the owner.

Animals to be impounded for at least three weeks before sale

72. (1) At every such sale, all animals, except sheep and goats, shall be Manner of sold singly. conducting sale (2) Sheep and goats shall be sold in lots of not more than ten. (3) In no case shall sheep and goats or sheep or goats with different marks or brands be sold together in the same lot. Cash sale only 73. (1) At every such sale the animals shall be sold for cash, and the and disposal of proceeds, less the amount of pound fees and other fees and charges properly payable in respect of such animals, and less the amount of any proceeds damage due or assessed under this Act, shall be forthwith, upon receipt, handed by the poundmaster to the District Secretary, to be by him paid to the owners of the animals sold according to their respective rights: Provided that(i) if in any case the animals sold shall not realise sufficient proceeds to satisfy all such fees, charges and damages, as aforesaid, the proceeds shall be first applied to the payment of the mileage due to the poundmaster, and if the said proceeds be insufficient to satisfy such mileage, then the balance of mileage shall be paid to the poundmaster by the Government, and the balance of other fees, charges or damages, shall be recoverable from the respective owners by action in any competent court; (ii) any money, being the proceeds of the sale of any impounded animal sold as aforesaid, which shall remain in the hands of the District Secretary for a period of twelve months without being claimed by the owner of such animal, shall become the property of the Government. (2) Every poundmaster contravening this section shall be liable to the penalty prescribed by section seventy-eight.

74. Any person who illegally impounds any animal shall be liable to Consequences make good to the owner all damages, costs and charges arising out of of illegal such proceedings, together with twenty ngwee for every horse or head of impounding cattle, and one ngwee in respect of every other animal so illegally impounded: Provided that nothing herein contained shall be deemed or held to prevent or bar any action for damages competent to such owner or any criminal prosecution. 75. In case any property trespassed upon is situated in a different District from that in which the pound proper for the receipt of trespassing animals is situated, and in case the rates of mileage and trespass money in the two Districts shall be different, then mileage and trespass money shall be payable according to the rate for the District in which the property trespassed upon is situated; but all rates payable upon the delivery of such animals to the poundmaster, and for herding, grazing and feeding the same, shall be payable according to the rate for the District in which the pound is situated. PART V GENERAL 76. Every person who shall wrongfully molest, drive or scatter the animals of another person when upon the property of such last mentioned person, or take away such animals from off the land of their owner, shall be liable, upon conviction, to the penalty prescribed by section seventy-eight. 77. Nothing in this Act contained shall be construed so as to prevent any person complaining of trespass from seeking redress according to law in any competent court: Provided that(i) no person who shall once have claimed trespass money under sections thirty-four and thirty-five shall be competent afterwards to require an assessment of damages by a pound assessor, or a referee and arbitrators under section thirty-eight, nor shall any person who shall Penalty for molesting or scattering animals Rates at which fees payable when more than one pound is concerned

Saving as to other remedies for trespass

once have claimed either such trespass money or such assessment be competent afterwards to seek redress by legal process; (ii) whenever any complainant shall decide to proceed at law for the recovery of damages for any alleged trespass, the owner of the animals impounded for such alleged trespass shall be entitled to release the same upon payment of pound fees, and upon giving security to the satisfaction of any magistrate for the payment of any damages and costs which the complainant may recover. 78. Persons convicted of contravention of the provisions of this Act or Penalties any regulation made hereunder for which no other penalty is provided shall be liable to the penalties following, that is to say: (a) for every contravention by a poundmaster-

(i) of the sections numbered respectively six (2), eleven, nineteen, twenty-three and seventy-three, a sum not exceeding one hundred and fifty penalty units; (ii) of the section numbered sixteen, a sum not exceeding three hundred penalty units; (iii) of the section numbered twenty-four, a sum not exceeding seven hundred and fifty penalty units; (b) for every contravention by any person, including a poundmaster, of the sections numbered respectively twenty-nine, thirty-one, thirty-two, fifty-five and seventy-six, and any other provisions of this Act or any regulation made hereunder in regard to which no penalty is expressly provided, a sum not exceeding three hundred penalty units (c) in default of payment of the penalty imposed, to imprisonment with or without hard labour for a period not exceeding three months. (As amended by Act No. 13 of 1994) 79. (1) Any District Secretary may send to any pound in the District within his jurisdiction any animals alleged or proved to have been stolen, or to have been taken possession of, or sold, or disposed of, in contravention of section twenty-nine, and may remove or authorise the removal of the same at his discretion. (2) It shall be the duty of the poundmaster to receive any animals so sent to his pound. Such animals shall not be subject to the usual pound Impounding of animals alleged to have been stolen, etc.

regulations for the sale of impounded animals, but shall be dealt with in such manner as the District Secretary may direct. (3) No mileage shall be payable on such animals, and, in the absence of any special agreement as to the charge to be made for keeping the said animals, the poundmaster may charge only the sustenance fees set forth in the Fifth Schedule. (4) Any sum due in terms of this section for keeping or sustaining such animals shall be a first charge upon the said animals, and shall be paid before the poundmaster is bound to deliver the animals. 80. The provisions of this Act shall have effect in such portions only of Application of Zambia as the Minister may, by statutory notice, direct and shall cease Act to have effect in any such portion as the Minister may, by like notice, withdraw from its operation. (As amended by G.N. No. 319 of 1964) 81. Nothing herein contained shall affect the right of any owner of land, which is not situate within or deemed to form part of a declared area, to seize and impound upon such land animals found straying or damage feasant. 82. Any poundmaster who shall knowingly obtain from an owner of animals detained in his pound money or property in excess of that authorised by this Act, and any person, not being a poundmaster, who shall obtain from an owner of animals found trespassing money or property in respect of such trespass, otherwise than in accordance with this Act, shall be liable, on conviction, to a fine not exceeding six hundred penalty units or to imprisonment for a period not exceeding six months, and shall further be ordered to make restoration in respect of any money or property so obtained, which order shall be made in the form of a civil judgment against him for the amount to be restored. (As amended by Act No. 13 of 1994) 83. With regard to any portion of Zambia which is not situate within or deemed to form part of a declared area, the Minister may, from time to time by statutory instrument, make regulations as to all or any of the following matters: Regulations in respect of other portions of Zambia not within a Saving of rights of owner not within a declared area Other offences by pound-masters and others

(a) the notices which must be given when any animals have been seized and impounded; (b) scales of damage for trespass, pound fees and sustenance fees, or any of them; (c) generally as to animals seized, for their care, custody and sale or disposal if not released within a time to be prescribed; (d) the powers and duties of District Secretaries as to any stray animal or animals which have been seized and impounded for trespass, and the administration by such District Secretaries of such regulations. (As amended by G.N. No. 319 of 1964 and S.I. No. 29 of 1964)

declared area

FIRST SCHEDULE
(Section 33) RATE OF MILEAGE ngwee For all animals, whether one or more, per kilometre, going to the pound .. 5

SECOND SCHEDULE
(Section 34) TRESPASS ON CULTIVATED LAND, ETC.
If land enclosed with sufficient fence ngwee 15 5 2 If land not so enclosed ngwee 8 2 1

Description of Animal Horses, Cattle and Pigs, per head Goats, per head .. .. Sheep, per head .. .. .. .. ..

The fees chargeable under the First, Second, Third, Fifth and Sixth Schedules have been doubled, and under the Fourth Schedule trebled, in theLusaka District by General Notice No. 875 of 1951; Kabwe Rural District by General Notice No. 1030 of 1951; Livingstone District by General Notice No. 1233 of 1951; Kabwe Urban District by General Notice No. 1426 of 1951; Mazabuka District by General Notice No. 24 of 1952; Choma District by General Notice No. 1277 of 1956; Chipata District by General Notice No. 65 of 1959;

Kalomo District by General Notice No. 2537 of 1961.

THIRD SCHEDULE
(Section 35) TRESPASS ON UNCULTIVATED LAND
If land enclosed with sufficient fence ngwee 5 1 If land not so enclosed ngwee 2 1/2

Description of Animal Horses, Cattle and Pigs, per head .. Goats and Sheep, not exceeding three hundred in number, per head .. Goats and Sheep, if over three hundred in number, then for every goat or sheep in excess of three hundred, per head .. .. ..

.. 1/2 1/4

FOURTH SCHEDULE
(Section 56) POUND FEES
Horses, Cattle and Pigs, per head Sheep and Goats, per head . . .. . .. .. .. .. .. .. .. .. .. .. .. Fee units 1 1

(As amended by Act No. 13 of 1994)

FIFTH SCHEDULE
(Section 57) SUSTENANCE FEES
Horses, Cattle and Pigs, per head per diem after ten days .. .. .. Sheep and Goats, per head per diem .. after ten days .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. Fee units 120 751 1 1

(As amended by Act No. 13 of 1994)

SIXTH SCHEDULE
(Section 58) FEES FOR ANIMALS TO BE SEPARATELY HERDED
Fee units 1 1 1 1

For every Stallion, per diem .. .. For every Bull, per diem . .
..

.. .. ..

.. .. ..

.. .. ..

.. .. ..

.. .. ..

.. .. ..
..

.. .. ..
. .

For every Boar, per diem. .

.. For every Sheep-ram, Goat-ram, or other separated animal, per diem .

The fees chargeable under the First, Second, Third, Fifth and Sixth Schedules have been doubled, and under the Fourth Schedule trebled, in theLusaka District by General Notice No. 875 of 1951; Kabwe Rural District by General Notice No. 1030 of 1951; Livingstone District by General Notice No. 1233 of 1951; Kabwe Urban District by General Notice No. 1426 of 1951; Mazabuka District by General Notice No. 24 of 1952; Choma District by General Notice No. 1277 of 1956; Chipata District by General Notice No. 65 of 1959; Kalomo District by General Notice No. 2537 of 1961. (As amended by Act No. 13 of 1994)
SUBSIDIARY LEGISLATION

PUBLIC POUNDS AND TRESPASS SECTION 4, 26 AND 80-DECLARED AREAS AND ESTABLISHMENT OF POUNDS Notices by the Minister 1. Declared Areas in the Southern Province:

CAP. 253

Government

Notices 123 of 1954 83 of 1957 267 of 1960 83 of 1961 328 of 1962 (1) The Mazabuka District.

Pounds established at(a) Monze on Farm No. 505 "Karridons"; (b) Farm No. 2612 situated approximately six kilometres from Magoye Railway Siding; (c) (d) (e) (f) Lubombo on Farm No. 894 "Kamwi"; Chisekesi on Farm No. 272A "Little Wonder"; Mazabuka on Farm No. 554A; Mazabuka on Farm No. 336 (a) "Big Fig".

Any animal trespassing in the Mazabuka District shall be sent to one of the above pounds. (2) The Choma District. Government Notices 122 of 1954 89 of 1956 269 of 1956

Pounds established at(a) (b) (c) Farm No. 1817, Choma; Pemba; Farm No. 178A, Choma.

Any animal trespassing in the Choma District shall be sent to one of the above pounds.

(3)

The Livingstone District.

Pounds established at(a) Farm Lot No. 1970 "Outspan", Livingstone District; (b) Farm No. 428a "Sunrise" situated approximately ten kilometres east of Senkobo Siding in the Livingstone District.

Government Notices 68 of 1953 267 of 1960 151 of 1963

Any animal trespassing in the Livingstone District shall be sent to one of the above pounds. (4) The Kalomo District. Government Notices 124 of 1954 215 of 1962 379 of 1963 497 of 1964

Pounds established at(a) Zimba, at the farm known as "The Haddow" situated approximately three kilometres north-east of Zimba. The following area is hereby defined as that within which any animal found trespassing and to be impounded shall be sent to the above-described pound at Zimba:

That portion of the Kalomo District, other than Trust Land or Reserve, lying to the south-west of a line drawn from the Ngwezi River along the south-western boundaries of Farms Nos. 73A, 72A (Lion Kop Ranch) and 1853 to the south-western corner of Farm No. 1853, thence down the western boundaries of Farms Nos. 1850 and 1851 to the confluence of the Kalomo and Mwemba rivers at the south-western corner of Farm No. 1851. (b) Kalomo, at the farm known as "Nagenoeg", No. 65a, situated approximately a kilometre east of Kalomo Township. The following areas are hereby defined as those with-in which any animal found trespassing and to be impounded shall be sent to the above-described pound at Kalomo: (i) Any State Lands in that portion of the Kalomo District lying to the north-east of a line drawn from the Ngwezi River along the south-western boundaries of Farms Nos. 73A, 72A (Lion Kop Ranch) and 1853 to the south-eastern corner of Farm No. 1853, thence down the western boundaries of Farms Nos. 1850 and 1851 to the confluence of the Kalomo and Mwemba rivers at the south-western corner of Farm No. 1851. (ii) (iii) 2. Farm No. 29a (Ruyala). Farms Nos. 54A and 35A (Kala). Declared Areas in the Central Province: Government Notices

(1) (2) (3)

Chibombo District; Kabwe Urban District; Lusaka District.

185 of 1950 183 of 1953 12 of 1955 261 of 1955 251 of 1958 332 of 1958 25 of 1962 288 of 1963 Statutory Instrument 366 of 1966 59 of 1976

Pounds established at(a) Farm No. 1539 "Kabwe Kalonga", situated approximately ten kilometres north-west of Kabwe Municipality; (b) Farm No. 1450 "Glenwood", situated approximately twenty-one kilometres south-west of Kabwe Municipality; (c) Subdivisions 59 and 60 of Farm No. 396a, known as Plots Nos. 59 and 60, Teagles Plots; (d) Farm No. 882 "Deelfontein", situated approximately forty kilometres from Chisamba Railway Station and six kilometres west of the Great North Road; (e) Farm No. 1144 "Swaarverdien", situated five kilometres north of Chikumbi; (f) Farm No. 451A "Kapuka", situated approximately twenty-five kilometres east of the City of Lusaka on Leopards Hill Road. (g) Farm No. 876, "Kalola", situated 100 km south of Kabwe on road No. D. 188. 3. Declared Area in the Eastern Province: Government Notices 355 of 1958 267 of 1960 151 of 1963

Chipata District. Pound established atKapara Estate, Chipata. Any animal trespassing in the Chipata District shall be sent to the above pound.

CHAPTER 255 THE PENSION SCHEME REGULATION ACT


ARRANGEMENT OF SECTIONS

PART I PRELIMINARY Section 1. 2. 3. Short title Application Interpretation

PART II REGISTRAR OF PENSIONS AND INSURANCE 4. 5. 6. 7. Appointment of Registrar Qualification of Registrar Deputy Registrar Functions of Registrar

PART III REGISTRATION OF PENSION SCHEMES 8. Registration of Pension Schemes

9. 10. 11. 12. 13. 14. 15. 16. 17.

Application for registration Grant of certificate of registration Creation of fund Application of fund Conditions of certificate of registration Duration of certificate Register of Pension Schemes Use of Register in evidence Inspection of Register

PART IV PRUDENTIAL REGULATIONS AND SUPERVISION OF PENSION SCHEMES 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. Conditions of compliance of Pension Schemes Appointment of Actuary Qualification of Actuary Actuary rights and duties Accounts and Audits Appointment of auditor Investment policy Investment of funds Returns Institution of legal proceedings Unsafe and unsound practices Examination of fund by Registrar General obligation of manager Protection against attachment Liability insurance

PART V DE-REGISTRATION AND APPEALS 33. De-registration

34. 35. 36. 37.

Notification Rights of contributors Powers of Registrar if assets insufficient Appeals

PART VI MISCELLANEOUS 38. 39. 40. 41. 42. 43. 44. 45. 46. General guidelines Appointment of inspectors Powers of inspectors Obstruction of inspectors General penalty Exemption from Banking and Financial Services Act Transitional provisions Tax exemptions Regulations

CHAPTER 255 PENSION SCHEME REGULATION


Act No. 28 of 1996 No. 10 of 2000 Statutory Instrument 27 of 1997

An Act to provide for the prudential regulation and supervision of pension schemes; to provide for the appointment of the Registrar of Pensions and Insurance; to provide for the Registrar's powers and functions; and to provide for matters connected with or incidental to the forgoing. [12th December, 1996] PART I PRELIMINARY 1. (1) This Act may be cited as the Pension Scheme Regulation (Amendment) Act, 2000, and shall be read as one with the Pension Scheme Regulation Act, 1996, in this Act referred to as the principal Act. (2) This Act shall be deemed to have come into operation on the 1st

Short title and commencement Act No. 28 of 1996

February, 2000. 2. This Act shall apply to any institution or company that establishes or Application Cap. 256 manages a pension scheme except the National Pension Scheme established under the National Pension Scheme Act. 3. In this Act, unless the context otherwise requiresInterpretation

"Deputy Registrar" means the Deputy Registrar appointed under section six; "fund" means the total assets of a pension scheme; "member" means any person who has joined a pension scheme after the eligibility requirements have been met and has not ceased membership to a scheme or any person drawing a pension under the plan; "manager" means a person who is licensed as a company or institution and is registered under this Act to establish or manage a pension scheme; "Multi-employer trust" means the legal entity established by a group of employers into which all contributions, investment earnings, surpluses and other moneys are accumulated on behalf of members of a pension scheme; "pension scheme" means any private, occupational or personal defined benefit or defined contribution pension scheme or savings plan; "pension plan rules" means the regulations which shall be issued by each pension fund and which shall be distributed to each member; "Register" means the Register of Pensions established under this Act; "Registrar" means the Registrar of Pensions and Insurance appointed under section four; and "trust" means the legal entity, separate from the employer, in which the pension scheme funds are accumulated.

PART II REGISTRAR OF PENSIONS AND INSURANCE


Appointment of 4. The Minister, in consultation with the Minister responsible for labour and social security shall appoint a Registrar who shall be a public Registrar officer and who shall be head of the Registry Office for pension funds and the Supervisory Authority for pension funds.

5. A person shall not be qualified for appointment as Registrar unless Qualification of the Minister is satisfied that the person has qualifications and experience Registrar in actuarial analysis, business management or accounting. 6. (1) The Minister shall appoint a Deputy Registrar who shall be a public officer and who shall be subject to the control and directions of the Registrar. (2) The Deputy Registrar shall be competent to exercise and perform any of the powers and functions of the Registrar. 7. (1) The functions of the Registrar shall be toFunctions of Registrar Deputy Registrar

(a) Act;

register and de-register pension schemes in accordance with this

(b) ensure that a pension fund is established in the form of a multi-employer trust separate from the employer's business or alternatively, affiliated to such a trust by a corresponding affiliation agreement; (c) ensure that the pension scheme is laid down in pension plan rules covering the contribution formula, all the benefits, type of plan, options provided and deadlines for choosing, calculation of portability rights and member's rights for participation in the management of the pension fund. (d) examine the certificate of incorporation of the trust;

(e) ensure that an auditor and an actuary are appointed in accordance with this Act; (f) examine the annual accounts, the report of the manager of the pension fund and the auditor's report; (g) examine the actuarial valuation and ensure it is done periodically according to this Act; (h) ensure that re-insurance arrangements are entered into in accordance with the actuary's recommendation; (i) ensure that, in the case of a "multi-employer trust", a written affiliation agreement exists, which adequately protects the pension funds, the member's rights and the portability of accrued rights; (j) enforce any conditions imposed under this Act on a pension fund, trust or the manager of such a fund or trust; and (k) exercise and perform such other powers and functions as may be conferred on him by or under this Act. (2) The Registrar, jointly with the appointed auditor and actuary, or a pension scheme shall at all times(a) protect the rights, benefits and other interests of the members in accordance with their corresponding pension scheme; and (b) monitor the viability of a pension scheme and ensure that a pension scheme is operating on sound financial and actuarial principles.

PART III REGISTRATION OF PENSION SCHEMES 8. (1) A person shall not establish or manage a pension scheme except Registration of Pension Schemes in accordance with this Act and under the authority of a certificate of registration of a pension scheme issued under this Act.

(2) A person who establishes or manages a pension scheme in contravention of this section shall be guilty of an offence and shall be liable, upon conviction, to a fine not exceeding five hundred thousand penalty units, or to imprisonment for a term not exceeding three years, or to both. 9. (1) A person may apply to the Registrar for a certificate to establish Application for registration or manage a pension scheme. (2) An application under subsection (1) shall be in such form as may be prescribed by the Minister, by statutory instrument, and shall specify(a) the name and address of the applicant;

(b) the physical address of the place where the pension scheme is to be established or managed; (c) a certified up to date extract from the register of companies;

(d) a description of the applicant's qualifications enabling him to manage a pension scheme; (e) the name and address of the appointed actuary and auditor;

(f) the latest annual account established in compliance with generally accepted accounting principles and report of the auditor; and (g) the latest actuarial valuation containing the confirmation that the pension fund's assets sufficiently cover the accrued benefit obligations; Provided that paragraphs (f) and (g) shall not apply to newly established pension funds or pension fund managers. (3) An application under subsection (1) shall be accompanied by the prescribed application fee.

10. The Registrar shall issue the applicant with a certificate of registration authorising the applicant to establish or manage a pension scheme, if the Registrar is satisfied that(a) the applicant shall carry out the scheme in accordance with this Act and in accordance with generally accepted actuarial principles; (b) the applicant shall protect the interests of the members;

Grant of certificate of registration

(c) the applicant is likely to be at all times capable of meeting its obligations to members in accordance with the pension plan rules; (d) the applicant has the capacity and the necessary facilities to conduct and manage a pension fund professionally; and (e) the applicant is capable of keeping the individual accounts of the members, and collecting the contributions and paying out the benefits. 11. Each pension scheme registered under this Act shall have a fund Creation of fund established in a separate multi-employer trust or alternatively be affiliated to such a trust into which shall be paid all contributions, investment earnings, surpluses from insurance and other moneys, as may be required under the relevant pension plan rules or under this Act. 12. There shall be charged on, and discharged from a pension fundApplication of fund

(a) the payment of benefits in accordance with pertaining pension plan rules and this Act; (b) the expenses incurred in the management of the fund including the auditing and actuarial fees; and (c) any other payments authorised to be made out of the fund under this Act or any other law. 13. (1) A certificate of registration shall be subject to the conditions laid down in this Act and such other conditions as the Registrar may consider necessary so as to ensure that the rights of the members under
Conditions of certificate of registration

the pension plan are protected in accordance with this Act. (2) The Registrar may attach such other conditions to a certificate when it is granted as the Registrar may determine. (3) The conditions of a certificate of registration shall include conditions(a) requiring the manager to comply with this Act, the pension plan rules and the directions given by the Registrar under this Act; (b) requiring the manager to furnish the Registrar, annually within three months after the end of the financial year, with the annual accounts established in compliance with the generally accepted accounting principles, the report of the auditor and the confirmation that the individual accounts of the members are duly kept; (c) requiring the manager to furnish the actuarial reports in accordance with this Act; (d) requiring the manager to file the pension plan rules and any revisions to those rules; (e) requiring the manager to maintain assets of such value as the actuary and the auditor may determine so as to ensure that the manager shall meet his obligation towards the members; and (f) which the Registrar may determine in consultation with the actuary and the auditor.
Duration of 14. Subject to the other provisions of this Act, a certificate of registration under this section shall remain in force for a period of three Certificate years, and may be renewed on its expiry on payment to the Registrar of such fees as the Minister may, by statutory instrument, prescribe.

15. (1) The Registrar shall establish and maintain a register to be known as the Register of Pension Schemes, in which shall be entered particulars of all registered pension schemes in accordance with this Act.

Register of Pension Schemes

(2) The particulars under subsection (1) shall include(a) (b) the name of the pension scheme and the date of registration; a specification whether it is a single or multi-employer trust;

(c) a summary of the pension plan rules stating the type of pension scheme; (d) a statement of assets and liabilities of the pension fund;

(e) the investment portfolio including a summary of the investments and the net return on investment realised during the last financial year; (f) the total administration cost in percent of the total contributions made to the fund; (g) (h) the financial year of the pension scheme; and such other particulars as the Minister may prescribe.
Use of Register in evidence

16. (1) For the purposes of ascertaining the facts concerning the registration of a pension scheme, entries made in the Register shall be prima facie evidence as to the facts specified in the Register. (2) A document certified by the Registrar as a true copy or extract from the Register shall be admissible in any court as prima facie evidence of the contents of the Register.

Inspection of 17. The Register or a copy of the Register shall be available for Register inspection by the public at the office of the Registrar during business hours and upon payment of such fee as may be prescribed by regulation.

PART IV PRUDENTIAL REGULATIONS AND SUPERVISION OF PENSION SCHEMES

18. (1) A pension scheme shall-

Conditions of compliance of Pension Schemes

(a) make adequate arrangements for the preservation of pension rights so as to protect the interest of its members; (b) lay down the rights and obligations of the members in writing in the pension plan rules, a copy of which shall be given to each member; (c) each year give to every member a benefit statement showing the member's actual benefits and the member's accrued portable benefits; (d) during the first five years after registration, carry out an actuarial valuation every two years, thereafter at least every five years so as to review and determine the sound funding of the pension scheme; (e) in managing its assets, aim to maintain at any time the real value of its members' accrued portable benefits; and (f) grant to members leaving the scheme before a benefit has become payable full portability of the accrued retirement benefits at the time the member leaves the scheme. (2) For the purposes of this section and the defined contribution schemes "portable benefits" means the total of the retirement contributions paid by the employee and the employer on the leaving member's account, plus interest during his participation under the plan. (3) Where a member leaves a scheme under paragraph (f) of subsection (1), in the case of(a) a defined contribution scheme, the portable benefits shall be the total of the retirement contributions paid by the member and the member's employer on the leaving member's account, plus interest during his participation under the plan; and (b) a defined benefit scheme, the portable benefit shall amount to the present value of the accrued retirement pension.

Appointment of 19. The manager in consultation with the board of trustees shall appoint an actuary to the fund, who shall not be bound to take directions Actuary from the manager, the trustees or the employer, and shall be financially independent from any such person or body.

20. A manager shall not appoint an actuary to its pension scheme for Qualification of the purposes of this Act unless the actuary so appointed has an actuarial Actuary qualification equivalent to the one of an associate or fellow of the Institute of Actuaries of England and has the experience to perform the tasks assigned to him under this Act. 21. (1) An actuary appointed under section nineteen shall prepare an actuarial valuation of a pension scheme at the intervals stated in paragraph (d) of subsection (1) of section eighteen. (2) The actuary shall, upon any valuation of a pension scheme, prepare a report on the state of the fund with regard to the fund's ability to meet the obligations it has entered into in the pension plan rules and the affiliation agreement and shall make recommendations and state any action required to be taken by, the manager of such a pension scheme. (3) The actuary shall submit the report under subsection (2) to the manager, the trustees and the Registrar and a copy to the Minister. (4) The Registrar shall ensure that the recommendations made by the actuary are carried out by the manager and trustees, within the deadlines fixed by the Registrar in consultation with the actuary, the manager and the trustees. (5) A manager who contravenes this section shall be guilty of an offence and shall be liable upon conviction to a fine not exceeding fifty thousand penalty units or to imprisonment for a term not exceeding three years, or to both. 22. A manager shall after the end of each financial year cause to be preparedAccounts and Audits Actuary's rights and duties

(a) (b) (c)

an audited balance sheet; an audited statement of income and expenditure; an audited statement of the administration cost;

(d) an audited statement that the individual account for the members are duly established in accordance with the pension rules under this Act; (e) such other information as the Registrar may require in order to ensure compliance with the pension rules and this Act; 23. (1) The manager of a pension scheme shall appoint an auditor for each financial year.
Appointment of auditor

(2) A person shall not be qualified for appointment as an auditor unless Cap. 390 he is a member in good standing of a professional association of accountants in Zambia under the Accountant's Act. (3) The auditor appointed under subsection (2) shall not be bound to take directions from the manager, the trustees and the employer and shall be financially independent from any such person. (4) An auditor appointed under subsection (2) shall audit the accounts of the pension fund for the financial year for which he was appointed, and audit annually the pension fund so as to ensure compliance with this Act. (5) The auditor shall submit a report to the board of trustees and the manager of the pension scheme so audited. (6) The manager shall lodge a copy of its accounts in accordance with subsection (1) and the auditor's report to the Registrar within three months after the end of its financial year. 24. (1) Each pension scheme shall have an investment policy so as toInvestment policy

(a)

achieve secure and profitable investments; and

(b) maintain at any time the real value of its members' accrued portable benefits (2) The manager of a pension scheme shall, at such times as the Registrar may require, prepare and furnish to the Registrar, a statement of existing and proposed investments for the pension scheme. 25. (1) A manager may invest in such type of investment as may be approved by the Registrar. (2) The Minister shall, regulate the minimum interest rate to be applied for calculating the portable benefits. (3) The Minister may issue investment guidelines relating to the upper limits for investment categories. (4) A pension fund shall not make unsecured loans to an affiliated employer or invest its assets abroad; Provided that the Minister may, by statutory order, permit a pension fund to invest and maintain outside Zambia for the benefit of members not more than thirty per centum of all contributions to the fund and any income or gains from such contributions to that fund subject to agreement between the members, the employers and the fund managers. (As amended by Act No. 10 of 2000) 26. (1) A manager shall prepare quarterly returns in the prescribed form Returns relating to the investment of pension funds, and shall furnish the returns to the Registrar within fourteen days after their preparation. (2) The quarterly returns under subsection (1) shall be recorded in the register, and made available for inspection by the public; and inspection shall be free of charge to the members. 27. A contributor may institute legal proceedings against a manager
Institution of legal Investment of funds

contravening this Act, pension plan rules or regulations so as to protect his contributions under a pension scheme: Provided that any secured loan to an employer shall not exceed five percentum of the total assets of the pension fund. 28. (1) Where in the opinion of the Registrar, the auditor, the actuary and the manager are pursuing any act or course of conduct that the Registrar considers as unsafe or of unsound business practice, the Registrar shall direct the manager of such a pension scheme to refrain from adopting or pursuing a particular course of action. (2) A manager shall comply with the directions given by the Registrar under subsection (1). (3) Directions given under this section shall be given by notice in writing to the manager of a pension scheme and may in like manner be varied or revoked. (4) A direction given under this section shall be effective immediately and shall remain in effect in accordance with its terms. (5) A manager acting in contravention of this section 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 three years, or to both.

proceedings

Unsafe and unsound practices

29. (1) The Registrar may cause an on site examination to be made of a Examination of pension scheme's books of accounts so as to determine the viability of fund by Registrar the fund and to determine whether the pension fund is operating prudently in accordance with section twenty-four. (2) An examination under subsection (1) shall be made by the Registrar if(a) he has reasonable cause to believe that the manager is contravening the Act;

(b) the manager has continued to contravene any requirement under this Act after notice has been given to him by the Registrar; (c) the manager has failed to carry out the recommendations made by an actuary under this Act; or (d) he has received a complaint from a member under a pension scheme. (3) The Registrar shall publish his findings in the Gazette within thirty days after he has concluded the examination under subsection (1) and shall furnish a copy to the manager. (4) Subject to subsection (1), the Registrar may give such directions as he sees fit to the manager so as to protect the member's interest. 30. A manager shallGeneral obligation of manager

(a) ensure that the pension scheme is at all times managed in compliance with this Act, pertaining regulations, the pension plan rules and directions of the Registrar; (b) take reasonable care to ensure that the administration of pension funds is carried out in the best interest of members of pension scheme and that members are informed periodically in accordance with the pension rules and this Act; (c) report to the Registrar immediately any occurrences which in his view could affect the rights of the members under the pension plan or under this Act; (d) report to the Registrar immediately if the contributions of an employer or a member are more than one month in arrears; (e) inform the Registrar of any mass-dismissals in process or impending with a contributing employer. 31. Notwithstanding anything contained in any other law, where any
Protection against attachment

judgement or order has been obtained against a member, no execution or attachment or process of any nature shall be issued against the contributions of a member, or an employer, except in accordance with the terms of the pension scheme and such contributions shall not form part of the assets of the member or an employer in the event of bankruptcy.
Liability insurance 32. A manager in consultation with the auditor and the actuary shall take out liability insurance with a recognised insurance company against the negligence or dishonesty of the directors, officers or employees of a pension scheme in order to safeguard its member's contributions and a copy of the insurance policy shall be lodged with the Registrar.

PART V DE-REGISTRATION AND APPEALS 33. (1) The Registrar, in consultation with the actuary and the auditor, may de-register a pension scheme if it appears to him that the manager has contravened or failed to comply with any provision of, or requirements under, this Act or regulations made under this Act or the pension plan rules. (2) The Registrar shall, before taking any action under this section, satisfy himself so far as he reasonably can, that the action would not unfairly operate to the detriment of a contributor of a pension scheme. (3) The Registrar may appoint a curator who in the opinion of the actuary and of the auditor has had training and experience in pension fund management, to advise the manager on the implementation of such measures as may be specified by the Registrar after consultation with the actuary and the auditor to restore the pension scheme to a sound financial and operating condition. (4) When a curator is appointed under this section, the manager and any of his employees shall act in accordance with every instruction given by the curator concerning the pension scheme or any part of the pension scheme's administration and operations that is regulated by or under this Act.
De-registration

(5) If a manager fails to comply with any instruction of a curator appointed under this section, he shall be guilty of an offence and liable, upon conviction, to a fine not exceeding one hundred thousand penalty units or to imprisonment for a term not exceeding five years, or to both. (6) The curator shall comply with any written instruction of the Registrar, and in all other matters shall act honestly and in good faith so as to restore the pension scheme to a sound financial and operating condition. (7) Any act or omission of the manager in accordance with a direction of the curator shall be binding upon the manager, but no person shall have any right or claim against the curator or the Registrar as a result of any direction given by the curator in good faith in accordance with this Act. (8) The curator shall advise the Registrar within six months following the curator's appointment whether in his opinion the pension scheme can be restored to a sound financial and operating condition within a reasonable time, or should be de-registered. (9) The Registrar shall not be bound to accept the advice of a curator under subsection (8). 34. (1) The Registrar shall within fourteen days after his decision to de-register a pension scheme notify, in writing(a) (b) the manager, the actuary and the auditor; the members of such a pension scheme;
Notification

(c) the employer of a member and any other person otherwise entitled to any funds held by the pension fund; of the decision to de-register the pension scheme. (2) A notice for the purposes of subsection (1), shall set forth such information as the Registrar may require by notice to the manager,

contributor and contributor's employer. 35. (1) The decision of the Registrar under this Part for de-registration Rights of contributors of a pension scheme shall not prejudice the rights of a contributor or other creditor to payment in full of a claim against the scheme.
Powers of 36. If the Registrar finds that the assets of a pension scheme that is Registrar if assets de-registered shall not be sufficient for the full discharge of its insufficient obligations to its members, the Registrar may take over the distribution of the assets and the supervision of the pension fund so as to protect contributors' interest under the pension scheme so de-registered and such distribution shall take place only after a corresponding distribution plan has been established by the Registrar.

37. (1) Any person aggrieved by the Registrar's refusal to register a pension scheme, renew a certificate of registration on its expiry, or decision to de-register a pension scheme, may appeal to the Minister within thirty days after the decision of the Registrar in the manner prescribed by the Minister, by statutory instrument. (2) A person not satisfied with the decision of the Minister under subsection (1) may appeal to the High Court within thirty days. (3) The Registrar shall give effect to the decision of the Minister under subsection (1) pending a decision of the High Court. (4) Where an appeal is disallowed by the Minister or the High Court, the Registrar shall take adequate steps to ensure the member's interest under the pension scheme are protected.

Appeals

PART VI MISCELLANEOUS 38. The Registrar shall have power to prescribe and publish guidelines General guidelines or other regulatory statements as he, in consultation with the actuaries and the auditors, may consider necessary or desirable for the administration and execution of this Act.

39. (1) In order to ensure compliance with the provisions of this Act the Appointment of Minister may appoint suitably qualified public officers as inspectors for Inspectors the purposes of this Act. (2) Every inspector shall be provided with a certificate of appointment, and in the exercise of any powers of the inspector under this Act, the inspector shall produce the certificate for inspection by any person reasonably requiring its production.
Powers of 40. For the purposes of this Act, an inspector may at any reasonable inspectors time, enter the premises where a pension scheme is operating and inspect any accounts, documents or records relating to a pension scheme so as to determine the viability of such a pension scheme.

41.

A person who-

Obstruction of inspectors

(a) delays or obstructs an inspector in the exercise or performance of the inspector's powers and functions; (b) refuses to give an inspector such reasonable assistance as the inspector may require for the purpose of the exercise of the inspector's power under this Act; or (c) gives an inspector false or misleading information in answer to any inquiry made by the inspector; shall be guilty of an offence and shall be liable, upon conviction to a fine not exceeding one hundred thousand penalty units or to imprisonment for a term not exceeding five years, or to both. 42. (1) Any person who(a) contravenes any provision of this Act that is expressly stated to be an offence but for which no other penalty is provided; or (b) fails to comply with any direction given by the Registrar under this Act;
General penalty

shall be guilty of an offence and be liable on conviction to a fine not exceeding fifty thousand penalty units or to imprisonment for a term not exceeding three years, or to both. (2) In the case of any offence under this Act committed by a body of persons(a) in the case of a body corporate, every director or similar officer of the body shall be guilty of the offence; and (b) in the case of a partnership, every partner shall be guilty of an offence. (3) A person shall not be guilty of an offence under subsection (1), if he proves to the satisfaction of the court that the act constituting the offence was done without his knowledge, consent or connivance or that he attempted to prevent the commission of the offence having regard to all the circumstances of the case. 43. The Banking and Financial Services Act shall not apply to any pension scheme registered under this Act in so far as it relates to the regulation and supervision of a pension scheme.
Exemption from Banking and Financial Services Act Cap. 387

44. Any pension scheme to which this Act applies that was operating Transitional provisions immediately before the commencement of this Act shall apply to the Registrar for registration within ninety days after the commencement of this Act. 45. Any pension scheme to which this Act applies shall be entitled to tax exemptions as may be provided for under the Income Tax Act.
Tax exemptions Cap. 323

46. (1) The Minister, in consultation with the Minister responsible for Regulations labour and social security, and the Registrar, may, by statutory instrument, make regulations to give effect to the provisions of this Act, and to prescribe anything which by the provisions of this Act is required to be prescribed.

(2) Without limiting the generality of subsection (1), regulations may provide for the following matters: (a) the form and manner of making applications for registration of a pension scheme and fees payable for such application; (b) (c) prescribe investment guidelines; and the form and manner of appeals. CHAPTER 256 THE NATIONAL PENSION SCHEME ACT
ARRANGEMENT OF SECTIONS

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

PART II NATIONAL PENSION SCHEME AUTHORITY 3. 4. 5. 6. 7. Establishment of National Pension Scheme Authority Functions of Authority Powers of Authority Director-General Secretary, inspectors and other staff

PART III NATIONAL PENSION SCHEME 8. 9. 10. Constitution of the National Pension Scheme Benefits under Scheme Vesting of existing fund and funds of the Scheme

11. 12. 13.

Membership of Scheme Contributing employer Registration of contributing employers

PART IV CONTRIBUTIONS 14. 15. 16. 17. Responsibility for payment of contribution Payment of contributions Treating unpaid contributions as paid Refund of contributions paid in error

PART V BENEFITS Section 18. 19. 20. 21. 22. 23. 24. 25. 26. Conditions for the award of retirement pension Amount of retirement pension Duration of retirement pension Lump-sum payment Early retirement Invalidity pension Amount of invalidity pension Duration of invalidity pension Invalidity lump-sum payment

27. Establishment of medical boards and appointment of medical officers 28. 29. 30. 31. 32. 33. 34. Medical examinations Survivor's benefits Family dependant Survivor's pension Duration of survivors pension Survivor's lump-sum payment Funeral grant

35. 36. 37. 38. 39.

Adjustment of benefits Time and manner of making claims Repayment of benefits improperly received Benefits to be inalienable Transactional provisions for benefits

PART VI MANAGEMENT OF SCHEME 40. 41. 42. 43. 44. 45. Management objectives of Scheme Investment of funds Application of funds of Scheme Appointment of actuary Actuarial valuation of Scheme Action of actuarial report

PART VII MISCELLANEOUS Section 46. 47. 48. 49. 50. 51. 52. 53. 54. Vesting of assets and transfer of liabilities Registration of property to be transferred Legal proceedings Protection against attachment Transfer of staff Offences and penalties General penalty Regulations Repeal of Cap. 5l3

FIRST SCHEDULE PART I ADMINISTRATION

1. 2. 3. 4. 5. 6. 7. 8. 9.

Composition of Authority Seal of Authority Tenure of office of member Removal of member Filling of casual vacancy Proceedings of Authority Committees of Authority Remunerations and allowances of members Disclosure of interest

10. Prohibition of publication of, or disclosure of information to unauthorised persons PART II FINANCIAL PROVISIONS 11. 12. 13. 14. Funds of Authority Financial year Accounts Annual report

SECOND SCHEDULE Persons exempted from the provisions of the Act.

CHAPTER 256

NATIONAL PENSION SCHEME

Act No. 40 of 1996 No. 9 of 2000

An Act to establish the National Pension Scheme Authority; to constitute the National Pension Scheme and to provide for matters connected with or incidental to the foregoing. [12th December,1996

PART I PRELIMINARY 1. (1) This Act may be cited as the National Pension Scheme (Amendment) Act, 2000, and shall be read as one with the National Pension Scheme Act, 1996 in this Act referred to as the principal Act. (2) This Act shall be deemed to have come into operation on the 1st February, 2000. 2. In this Act, unless the context otherwise requiresInterpretation
Short title and commencement Act No. 40 of 1996

"appointed date" means the date appointed by the Minister under section one; "Authority" means the National Pension Scheme Authority .established under section three; "average monthly earnings" means the amount determined under section nineteen; "Chairperson" means the Chairperson under paragraph I of the First Schedule; "contributing employer" means an employer designated by section twelve as a contributing employer; "Director-General" means the Director-General appointed under section six; "existing fund" means the Zambia National Provident Fund; "medical board" means a medical board established under section thirty-seven; "member" means an employee who is required to contribute to the Scheme under section eight; "national average earning" means the amount determined under section nineteen; "pensionable age" means the age of fifty-five years; "pensionable employment" means employment in respect of which contributions are payable under this Act; "Secretary" means the person appointed under section seven; "Scheme" means the National Pension Scheme constituted under section eight;

"Vice-Chairperson" means the Vice-Chairperson elected under paragraph 1 of the First Schedule; and "repealed Act" means the Zambia National Provident Fund Act. Cap. 273

PART II NATIONAL PENSION SCHEME AUTHORITY 3. (1) There is hereby established the National Pension Scheme Authority, which shall be a body corporate with perpetual succession and a common seal, capable of suing and being sued in its corporate name, and with power subject to the provisions of this Act, to do all such acts and things as a body corporate may by law do or perform. (2) The provisions of the First Schedule shall apply to the Authority. 4. (1) The functions of the Authority shall beFunctions of Authority Establishment of National Pension Scheme Authority

(a) implement the policy relating to the National Pension Scheme in accordance with this Act; and (b) control and administer the Scheme. Powers of Authority

5. (1) The Authority shall have power to-

(a) subcontract any of its functions to a consultant or corporation with proven experience in the particular function being subcontracted; (b) give such directions as it may consider necessary regarding the operations of the Scheme; and (c) do all such other acts and things as are necessary to give effect to the provisions of this Act.

(2) In the performance of its functions, the Authority shall, subject to the provisions of this Act, not be subject to the control or direction of any person or authority. 6. (1) There shall be a Director-General who shall be the Chief Director-General Executive officer of the Authority and who shall, subject to the control of the Authority, be responsible for the day to day administration of the Authority. (2) The Director-General shall be appointed by the Minister for a three year renewable term of office and shall be eligible for reappointment. (3) The Director-General shall attend meetings of the Authority and may address such meetings but shall have no vote. 7. (1) There shall be a Secretary of the Authority appointed by the Secretary, Authority on such terms and conditions as the Authority may determine. inspectors and other staff (2) The other staff of the board shall be appointed by the Authority on such terms and conditions as the Authority may determine. (3) The Authority shall appoint inspectors for purposes of this Act. (4) The Director-General shall issue an identity card to each inspector. (5) An inspector shall have power, on production of the identity card issued to him under subsection (4), to inspect any book, register, account, receipt or any document relating to contributions or to the provision to register or to contribute under this Act are being compiled with. (6) In inspecting the documents referred to in subsection (5), the inspectors shall ensure that the records kept are in accordance with the provisions of this Act.

(7) Any person who obstructs an inspector appointed under subsection (3) in the exercise of his duties under this section shall be guilty of an offence and shall be liable upon conviction to a fine not exceeding five hundred thousand penalty units or to imprisonment for a term not exceeding three months or to both.

PART III NATIONAL PENSION SCHEME 8. (1) There is hereby constituted a Scheme to be known as the National Pension Scheme into which shall be paid all contributions authorised under this Act and out of which shall be met all payments authorised to be paid under this Act. (2) The Authority shall be the trustees of the Scheme. 9. (1) The Authority shall pay pension benefits to a member whoBenefits under Scheme Constitution of the National Pension Scheme

(a)

retires from employment on reaching the retirement age;

(b) retires five years before he reaches pensionable age and has contributed to the Scheme for a minimum period prescribed by the Authority; and (c) has made contributions for at least twelve months and is certified by the medical board that he is incapable of gainful employment due to total or partial mental or physical incapacity which pension shall be determined by a formula by an actuarial study and prescribed by the Minister by statutory instrument. (2) The Authority may pay lump sum benefits under such conditions as the Authority may prescribe. (3) The Authority shall exchange the lump sum benefits referred to under subsection (1) in accordance with actuarial advice, in such

circumstances as may be prescribed. (4) On the death of the member, the Authority shall pay the pension benefits due to the member in accordance with the provisions of the Intestate Succession Act and the Wills and Administration of Testate Estate Act. Cap. 59 Cap. 60

10. (1) Without further assurance the existing fund shall be transferred Vesting of to the Scheme and shall vest in the Authority which shall, subject to the existing fund provisions of this Act, have the sole management and control of it. and funds of the Scheme (2) The funds of the Scheme shall consist of(a) (b) the fund of the existing fund; the assets of the existing fund;

(c) the combined contributions of contributing employers and members determined by, statutory instrument, in accordance with actuarial valuation and paid into the Scheme; (d) income and capital appreciation derived from the holding of the assets of the Scheme in any form; and (e) such other moneys or assets as may accrue to the Scheme. Membership of Scheme

11. (1) Every person who, before the commencement of this Act, is under pensionable age and is a member of the existing fund, shall be a member of the Scheme. (2) Every person who, on the commencement of this Act, is not a member of the existing fund under subsection (1) and is not less than sixteen years but who is under pensionable age and is employed by a contributing employer, shall be registered as a member of the Scheme as provided for under section thirteen. (3) The Minister may, by statutory instrument, provide for the

conditions and procedures under which any person who is not eligible to become a member of the Scheme under this Act, may become a member. 12. Subject to subsection (2) of section eleven, contributing employer Contributing shall meanemployer (a) a person, association, institution or firm registered as a tax payer with a contract of service with an employee; and (b) the Government of the Republic of Zambia, local authority or parastatal or statutory body. 13. (1) Subject to the other provisions of this Act, every contributing Registration of contributing employer shall, within one month, register under this section in the prescribed manner, unless such employer is registered under the existing employers fund. (2) The employees listed in the Second Schedule shall be exempt from the provisions of this Act and the Minister may, by Statutory Instrument, vary or add the list of employees in the Second Schedule. (3) The Minister may, by statutory instrument, prescribe the minimum number of employees in the service of any employer and the categories to be exempted under this section. (4) The period of one month mentioned in subsection (1) shall, in every case, begin upon the commencement of this Act or the date when the person concerned becomes a contributing employee. (5) On the first day of the month following the month in which the period mentioned in subsection (1) expires, the employee shall be a contributing employee for the purposes of this Act unless a further period is specified in the statutory order declaring that other categories of employers be contributing employers. (6) Any employer who belongs to a category of employers exempted under subsection (1) shall with the consent in writing of the majority of his employees, apply to the Authority in the prescribed manner, to register under this Act. (7) The Authority shall notify an employer registered under subsection (1) that his application has been approved.

(8) An employer registered under subsection (7) shall become a contributing employer on the first day of the month following the month in which such employer receives notification that the employer has been registered under this section. (9) A religious organisation which desires to make statutory contributions in respect of any minister of religion or any other category of employees may apply to the Authority in the prescribed manner to register under this section. (10) The Authority shall notify the religious organisation registered as a contributing employer for the purposes of this Act that the application has been approved. (11) A religious organisation registered under subsection (9) shall notify the Director-General of the prescribed particulars of any minister of religion or any other category of employees in respect of whom it wishes to make contributions and shall become an eligible employer on the first day of the month following the month in which notification is made under this subsection. (12) A contributing employer who ceases to be an employer of any employee shall cease to be a contributing employer in respect of such employee. (13) Any contributing employer who registers or is registered under the provisions of this section shall, without delay, register, as a member of the Scheme, every person who is or who subsequently becomes an employee in his service, by notifying the Director- General of such particulars of the employee as may be prescribed. (As amended by Act No. 9 of 2000)

PART IV CONTRIBUTIONS 14. (1) A contributing employer shall pay to the Scheme a contribution Responsibility in respect of an employee in his employment consisting of the for payment of employer's contribution and the employee's contribution at the contributions prescribed percentage.

(2) A contributing employer shall be entitled to recover from his employee who is a member of the Scheme, the amount of the employer's contribution by deduction from his earnings to which the contribution relates. (3) Notwithstanding any agreement to the contrary, an employer shall not be entitled to deduct from the earnings of a member or otherwise reduce such earnings as part of the employer's contribution. (4) The prescribed percentage referred to under subsection (1) shall be determined by actuarial valuation calculated to ascertain the financial sustainability of the the Scheme. Payment of 15. (1) A contributing employer shall pay contributions to the Authority at the end of each month and such employer shall submit, with contributions such payment, all prescribed supporting particulars concerning his identity, period of employment and earnings of the member to whom the contributions relate. (2) If any contribution is not paid within the time stated under subsection (1) a sum equal to twenty per centum of the amount unpaid shall be added as a penalty for each month or part thereof after the date the payment is due and the amount of the penalty shall be recoverable as a debt owing to the Scheme by the employer. 16. Where the Director-General is satisfied that an employee's Treating unpaid contribution has been deducted from his earnings, but the employer has contributions as failed to pay this contribution together with the employer's contributions paid to the Authority, he may treat the unpaid contributions as wholly or partially paid for the purpose of any claim to the payment or benefits, provided that this shall be without prejudice to any action to recover the amount due from the employer. 17. Where the Director-General is satisfied that any amount has been Refund of paid to the Authority as contributions which were not properly payable contributions and that such amount was paid as a result of a bona fide error, the paid in error amount paid in error shall be refunded or applied to any current liability with the consent of the person who made the payment.

PART V BENEFITS 18. Subject to the other provisions of this Act, a retirement pension shall be paid to a retired member who hasConditions for the award of retirement pension

(a)

attained pensionable age; and

(b) made not less than one hundred and eighty monthly contributions. 19. (1) The Minister shall prescribe the monthly retirement pension, by Amount of retirement statutory instrument, based on the actuarial valuation calculated to pension ascertain that the Scheme is financially viable. (2) The average monthly earnings shall be determined for each member at the time he makes a claim dividing the aggregate of pensionable earnings by the number of months of pensionable employment. (3) Notwithstanding subsection (2), the level of pensionable earnings shall be adjusted annually by an index based on the national average earnings as may be prescribed by the Minister, by statutory instrument. (4) The minimum monthly pension shall be twenty per cent of the national average earnings. (5) The Authority shall determine the national average earnings referred to in subsection (3) annually, by applying statistics and data compiled by the Central Statistical Office. 20. The retirement pension payment shall commence from the month following the month by which the retired employee satisfies the conditions in section eighteen and shall end in the month in which the retired member dies. Duration of retirement pension

21. A member who has attained pensionable age and has retired from Lump-sum employment but does not meet the qualifications for a pension under payment section eighteen, shall be entitled to the payment of a lump sum as may be prescribed by the Authority. 22. (1) A member shall qualify for early retirement if he is within five years of pensionable age and has paid contributions for at least one hundred and eighty months. (2) The amount of the pension paid on early retirement under subsection (1) shall be the amount that would be payable under subsection (1) of section eighteen reduced in accordance with a prescribed actuarial formula. (3) An early retirement pension shall not be payable if the amount of the pension calculated in accordance with the provisions of subsection (2) would be lower than the minimum pension under subsection (4) of section nineteen. 23. A member shall qualify for invalidity pension ifInvalidity pension Early retirement

(a) (b)

he suffers from permanent invalidity; and he is under pensionable age and either-

(i) the provisions of section eighteen regarding pension contributions are satisfied; or (ii) the member had paid at least sixty monthly contributions of which twelve or more were paid in the period of thirty-six months immediately preceding the date the invalidity began. 24. (1) The Minister shall, by statutory instrument, prescribe monthly rate of invalidity pension determined on the basis of the members average monthly earnings and the length of pensionable service. Amount of invalidity pension

(2) The monthly rate of invalidity pension shall be supplemented by a prescribed percentage. (3) The minimum monthly invalidity pension shall be twenty per centum of the national average earnings. 25. Subject to the provisions of this Act, invalidity pensions shall be Duration of payable for the duration of a permanent invalidity commencing with the invalidity month following the date of invalidity and ending eitherpension (a) when the member reaches pensionable age, if at that time the member is entitled to a retirement pension at the same or a higher rate; or (b) when the member dies.

26. A member who qualifies for invalidity pension but does not satisfy Invalidity the conditions under section eighteen, that member shall be entitled to a lump-sum payment lump-sum payment as may be prescribed by the Authority. 27. (1) The Authority shall appoint medical boards or appoint medical Establishment officers for the purpose of examining claimants or beneficiaries who of medical have claims to any benefits under this Act. boards and appointment of medical officers (2) A member of the medical board or a medical officer shall be paid such remuneration or allowance as the Authority may determine. (3) The procedure for medical boards, guidelines to be followed and reports to be prepared by the medical boards and submitted to the Authority shall be prescribed by the Minister, by statutory instrument. 28. (1) A person shall apply for a claim for invalidity benefits to the Director-General. (2) The Director-General shall refer a claim submitted under subsection Medical examinations

(1) to a medical board for determination. (3) The Director-General may, at any time after the award of an invalidity pension, refer a person who receives an invalidity pension to a medical board to determine the medical state of the permanent invalidity. (4) A claim to invalidity benefit referred to a medical board shall be, in a manner prescribed by regulations made under section fifty-three. (5) A beneficiary of an invalidity pension shall cease to receive his invalidity pension if he fails to comply with directions of the Director-General under subsection (2), to be medically examined by a medical Board and to supply all necessary documents or information as may be necessary for the purposes of determining his continued entitlement. 29. Subject to this Act, a survivor's benefits shall be paid to a member Survivor's of the family or a dependant if at any time of death the memberbenefits (a) was in receipt of a retirement pension or an invalidity pension;

(b) would have been entitled to an invalidity pension for permanent invalidity at the time of death; or (c) had reached pensionable age and was entitled to a retirement benefit and had made a claim to such benefit. 30. The following persons shall be regarded as family dependants for the purpose of section twenty-nine: (a) (b) a surviving spouse of the deceased member; a child of the deceased member; or Family dependants

(c) such other persons as may be entitled to benefit under the Cap. 59 Intestate Succession Act or Wills and Administration of Testate Estates Cap. 60 Act or as nominated by the member.

31. The pension payable to each family dependant shall be at a rate prescribed and payable to the deceased member or the pension that would have been payable to him under section eighteen or section twenty-one. 32. Survivor's pensions shall be paid to-

Survivor's pensions

Duration of survivor's pensions

(a) a surviving spouse who, at the date of death of the deceased member is forty-five years old or above or is under the age of forty-five and has the care for dependant children under the age of fifteen, for life or until his remarriage; (b) a surviving spouse who, at the date of death of the deceased member, is under the age of forty-five and does not have the care of children under the age of fifteen years, for a period of two years from the date of death of the member; (c) a child, until the age of eighteen years or until the child completes full-time education but not later than the age of twenty-five or, if the child is an invalid, for life. 33. Where a deceased member did not satisfy the qualifying conditions Survivor's specified in section twenty-six, his family dependants shall be entitled to lump-sum a lump-sum payment prescribed by the Minister by statutory instrument. 34. (1) On the death of a member who has paid at least twelve monthly Funeral grants contributions during the thirty-six months immediately preceding his death, a funeral grant in the form of a lump-sum shall be paid to his next of kin. (2) The lump-sum referred to under subsection (1) shall be determined by the Minister by statutory instrument. (3) For the purpose of this section, the next of kin shall be the surviving spouse, or, in the case of an unmarried person, the father or mother, brother or sister or the person responsible for the payment of funeral expenses.

35. The Authority shall review the pension rates annually and adjust them in line with increases in national average earnings. 36. (1) A person shall have the right to benefits if he-

Adjustment of benefits Time and manner of making claims

(a) makes a claim to the Director-General in the prescribed manner within the prescribed time; and (b) produces such certificates, documents, information and evidence for the purpose of determining his right to benefits as the-Director-General may require. (2) The contributing employer shall maintain records, or reports and such other information as may be prescribed by the Minister by statutory instrument for the purpose of establishing any person's entitlement to any benefits. 37. (1) Any person who fails to disclose or misrepresents any material fact, whether such non-disclosure or misrepresentation is or is not fraudulent and receives any benefits he was not entitled to receive shall be liable to repay the benefits so received. (2) Any person liable to repay any benefits received under subsection (1) shall repay the benefits and the Authority shall recover by deducting from any payment or benefit to which the person referred to in subsection (1) is entitled. 38. Every assignment or charge on benefits and every agreement to assign or charge any benefit shall be void, and on the bankruptcy of a beneficiary the benefit shall not pass to any trustee or other person acting on behalf of creditors. 39. The Minister may by statutory instrument prescribeBenefits to be inalienable Repayment of benefit improperly received

Transitional provisions for benefits

(a) the conditions for qualifications for entitlement to benefits under this Part in respect of members who are above a prescribed age on the day the Act comes into force; (b) that member of the existing fund may convert the amount in their account under that fund into pensionable employment for the purpose of entitlement to retirement pension or invalidity pension in accordance with a prescribed formula; or (c) the transfer of pensionable employment in respect of persons covered under other pension legislation before the date of commencement of this Act.

PART VI MANAGEMENT OF SCHEME Management 40. (1) The Authority shall prudentially manage the Scheme so as to ensure that at all times it is in a state of actuarial correctness, financially objectives of Scheme sustainable, fair in its benefit distribution and is affordable. (2) Notwithstanding the generality of subsection (1), the Authority shall Cap. 255 ensure that the Scheme is managed in accordance with the prudential management principles specified in the Pension Scheme Regulation Act. 41. The Authority may invest any liquid assets of the Scheme not immediately required to meet any charges or obligations in(a) a savings account of any bank or institution which is governed by any written law of Zambia or by the law of the United Kingdom of Great Britain and Northern Ireland, or on fixed deposit or at call with any such bank or institution; (b) real estate; Investment of Fund

(c) stocks, securities or funds issued by or on behalf of the Government or in stocks, securities or funds guaranteed by the Government; or

(d) such other investment as may be approved generally or specially, by the Authority. 42. There shall be charged on, and discharged from, the liquid assets of Application of the SchemeFunds of Scheme (a) Act; the payment of benefits in accordance with the provisions of this

(b) the whole of the expenses incurred in connection with or incidental to the management and administration of the Scheme, including the cost of staff and the audit and actuarial investigations of the Scheme; (c) any losses incurred on the realisation or decrease in the value of any assets of the Scheme; and (d) any other payments authorised to be made out of the Scheme under the provisions of this Act. 43. The Authority shall appoint any actuary who shall be a Fellow of Appointment of the Institute of Actuaries of London, the Faculty of Actuaries in actuary Scotland or Institute of Actuaries of America or any other equivalent qualifications to carry out the duties and exercise the powers imposed or conferred upon him under this Act. 44. (1) The Scheme shall be valued by an actuary as may be required by Actuarial the Authority. valuation of Scheme (2) The Scheme shall be valued at intervals not exceeding three years. (3) The actuary shall(a) prepare a report on the state of the Scheme;

(b) (c)

state any surplus or deficiency in the Scheme; and recommend the action to be taken.

(4) The actuary shall submit the report prepared under subsection (3) to the Authority with a copy to the Minister. 45. (1) The Authority shall pay due regard to any recommendations made by the actuary under section forty-four and, in doing so may, notwithstanding anything to the contrary contained in this Act(a) increase or decrease in the rates of contribution payable in respect of members; or (b) require members to pay such sums as the actuary may determine to cover any deficiency directly attributable to an action of such member. (2) The Authority shall report to the Minister its reasons for failing to carry out any recommendations made by the actuary. (3) If, within six months of the receipt of a report by the Authority, the Authority fails to carry out any recommendation contained in such report, the Minister may, exercise any of the powers conferred on the Authority by subsection (1), and the exercise of such powers by the Minister shall have the same effect as if such powers were exercised by the Authority. Action on actuarial report

PART VII MISCELLANEOUS 46. On the appointed date, there shall vest in, and be owned by the Authority without further assurance, all property, rights, liabilities and obligations which immediately before the appointed date, were the property, rights, liabilities and obligations of the existing fund. Vesting of assets and transfer of liabilities

47. (1) All property, rights, liabilities or obligations of the existing fund Registration of shall be transferred to the Authority and where any written law provides property to be for registration, the Authority shall make an application in writing to the transferred proper officer or the appropriate registration authority for the registration of the transfer. (2) The proper officer referred to in subsection (1) shall make such entries in the appropriate register as shall give effect to the transfer and, where appropriate, issue the transferee concerned with a certificate to the register, as the case may be, and shall make endorsements on the deeds relating to the title, right or obligation concerned. 48. (1) Without prejudice to the other provisions of this Act, where any Legal right, liability or obligation vests in the existing fund,the Authority and proceedings all other persons, as from the commencement of this Act, shall have the same right, powers and remedies (and in particular the same rights as to the instituting or defending of legal proceedings or the making or resisting of applications to any authority) for ascertaining, or enforcing those rights, liabilities or obligations as they would have at all times been a right, liability or obligation of the existing fund under the repealed Act. (2) Any legal proceedings or application to any authority pending immediately before the commencement or this Act by or against the existing fund in relation to the assets transferred to the Authority, may be continued by or against the authority. (3) After the commencement of this Act, proceedings in respect of any right or obligations which were vested in, held, enjoyed incurred or suffered by the existing fund may be instituted by, or against the Authority. 49. Notwithstanding anything contrary contained in any written law, Protection where any judgement or order has been obtained against a member, no against execution or attachment or process of any nature shall be issued against attachment his contributions, except in accordance with the terms of the Authority and such contributions shall not form part of the assets of the member in the event of bankruptcy.

50. (1) The Minister may, by statutory instrument, approve arrangements under which all or some of the employees of the existing fund shall be transferred to the Authority. (2) Where a person is transferred in accordance with the arrangements made under subsection (1), his terms and conditions with the Authority shall be no less favourable than those enjoyed while employed by the existing fund and for the purposes of determining his rights to or eligibility for any pension, gratuity, leave or other benefits, his previous service with the existing fund shall be treated as service with the Authority. 51. (1) Any person who-

Transfer of staff

Offences and penalties

(a) evades paying for any contribution by him or some other person and makes any false statement or representation; (b) fails to register within the period specified in or under this Act when required to register, (c) when required by or under this Act to furnish any information, without lawful excuse, fails to disclose that information or furnishes information which is false; (d) fails to pay to the Scheme within the period specified any contribution which he is liable to pay under this Act; (e) obstructs any inspector, officer or servant of the Scheme in the discharge of his duties; (f) fails without lawful excuse to produce documents which he has been required under this Act to produce; (g) by duress obtains the consent of employees to any course of action provided for under subsection (6) of section thirteen; (h) deducts from a member's wages any amount by way of the member's share which is in excess of the amount due to be deducted under this Act; or

(i)

contravenes any other provision of this Act:

shall be guilty of an offence and shall be liable on conviction to a fine not exceeding one thousand penalty units or to imprisonment for a term not exceeding three months or to both. (2) Notwithstanding the provisions of subsection (1), the court before which any person is convicted of an offence under this Act may, without prejudice to any civil remedy, order that person to pay to the Scheme the amount of any contributions. together with any interest or penalty, certified to be due from that person to the Scheme at the date of conviction; and such amount shall be recovered in the same manner as a fine and shall be paid into the Scheme for the credit, where applicable, of the accounts of the members concerned. 52. Any person who contravenes any provision not provided for under General penalty this Act shall be guilty of an offence and shall be liable upon conviction to a fine not exceeding five thousand penalty units or to imprisonment for a term not exceeding three years or to both. 53. (1) The Minister may, by statutory instrument, make regulations for Regulations the better carrying out of provisions of this Act. (2) Notwithstanding subsection (1), the regulations prescribed under subsection (1) shall provide for(a) the prevention of the receipt of more than one benefit and the adjustment of benefits in special circumstances; (b) the time and manner of the payment of benefit and the information to be furnished by any person applying for payment; (c) suspending payment of benefit to any person during any period when he(i) is absent from Zambia subject to any contrary provisions contained in any social security bilateral agreement or international convention ratified by Zambia; or

(ii)

is legally imprisoned or under some other legal custody:

Provided that specifications are prescribed for the circumstances and manner in which payment of the whole or any part of the benefit may instead of being so suspended may be paid during any such period to any person nominated by the beneficiary, or for the maintenance of any prescribed person who the Director-General is satisfied is a dependent of the beneficiary; (d) appointing a person to exercise on behalf of any other person who, as a minor is unable to act, any power or right which that other person may be entitled to exercise under this Act and to authorise the person so appointed to receive and deal with any sum payable by way of benefit to that other person; (e) a claim to be made or proceeded with in the name of any person who is dead, for authorising payment to or among persons claiming as his or personal representatives, legatees, next-of-kin, creditors or otherwise and for dispensing with strict proof of title of persons so claiming; and (f) such other matters as may be necessary for proper administration of benefits, including the obligations of claimants. beneficiaries and employers. 54. The National Provident Fund Act is hereby repealed. Repeal of Cap. 513 of the 1972 edition

FIRST SCHEDULE (Section 3)


ADMINISTRATION PART I 1. (1) The members of the Authority shall be(a) two representatives from such associations of employees as the Minister shall designate; (b) two representatives from such associations of employers as the Composition of the Authority

Minister shall designate; (c) a representative and an alternate member from the Ministry responsible for finance; (d) a representative and an alternate member from the Ministry responsible for social security; (e) (f) (g) a representative of the Bank of Zambia; a representative of the Bankers Association of Zambia; and a representative of the Pension Managers Association.

(2) The members referred to in subsection (1) shall be appointed by the Minister. (3) The Chairperson shall be appointed by the Minister. (4) The Vice-Chairperson shall be elected from amongst the members. 2. (1) The seal of the Authority shall be such device as may be determined by the Authority and shall be kept by the Secretary. (2) The affixing of the seal shall be authenticated by the Chairperson or the Vice-Chairperson and the Secretary or one other person authorised in that behalf by a resolution of the Authority. (3) Any contract or instrument which, if entered into or executed by a person not being a body corporate, would not be required to be under seal, may be entered into or executed without seal on behalf of the Authority by the Secretary or any other person generally or specifically authorised by the Authority in that behalf. (4) Any document purporting to be a document under the seal of the Authority or issued on behalf of the Authority shall be received in evidence and shall be executed or issued as the case may be, without further proof, unless the contrary is proved. 3. (1) Subject to the other provisions of this Act, a member shall hold Tenure of office office for a period of three years from the date of appointment and may of member be re-appointed for a like period. (2) A member may resign by giving one month's notice in writing to the Secretary. 4. Notwithstanding paragraph 3, the Authority may, at any time, with the approval of the Minister remove a person from the Office of memberRemoval of member Seal of Authority

(a) if that person has been absent from three consecutive meetings of the Authority and that absence was in the opinion of the Authority without reasonable excuse; or (b) if the Authority is satisfied that the continuance of that person in the office of member will be prejudicial to the interest of the Scheme. 5. (1) Whenever the office of a member becomes vacant before the expiry of the term of office, the Minister may appoint another member in place of the member who vacates the office. 6. (1) Subject to the other provisions of this Act, the Authority may regulate its own procedure. (2) The Authority shall meet for the transaction of business, at least once in every three months at such places and at such times as the Chairperson may decide. (3) Upon giving notice of not less than fourteen days, a meeting of the Authority may be called by the Chairperson and shall be called if not less than one third of the members so request in writing: Provided that if the urgency of any particular matter does not permit the giving of such notice, a special meeting may be called upon giving a shorter notice. (4) The quorum at any meeting of the Authority shall be the Chairperson or the Vice-Chairperson and three other members. (5) There shall preside at any meeting of the Authority(a) the Chairperson; or (b) in the absence of the Chairperson or Vice Chairperson, such member as the members present may elect from amongst themselves for the purpose of that meeting. (6) A decision of the Authority on any question shall be by a majority of the members present and voting at the meeting and, in the event of an equality of votes, the person presiding at the meeting shall have a casting vote in addition to the deliberative vote. (7) Where a member is for any reasonable cause unable to attend any meeting of the Authority, he may, in writing, nominate another person from the same organisation to attend such meeting in his stead and such person shall be deemed to be a member for the purpose of such meeting. (8) The Authority may invite any person, whose presence in its opinion is desirable, to attend and to participate in the deliberations of a meeting Filling of casual vacancy

Proceedings of Authority

of the Authority but such person shall have no vote. (9) The validity of any proceedings, act or decision of the Authority shall not be affected by any vacancy in the membership of the Authority or by any defect in the appointment of any member or by reason that any person not entitled so to do, took part in the proceedings. (10) The Authority shall cause minutes to be kept of the proceedings of every meeting of the Authority and every meeting of any committee established by the Authority. 7. (1) The Authority may, for the purpose of performing its functions Committees of under this Act, establish committees and delegate to any such committee Authority such of its functions as it thinks fit. (2) The Authority may appoint as members of a committee established under subsection (1), persons who are or are not members of the Authority and such person shall hold office for such period as the Authority may determine. (3) Subject to any specific or general direction of the Authority any committee established under subsection (1), may regulate its own procedure. 8. There shall be paid to the members of the Authority or any committee Remuneration of the Authority such remuneration and allowances as the Authority and allowances may determine, with the approval of the Minister. of members 9. (1) If a member is present at a meeting of the Authority or any Disclosure of committee of the Authority at which any matter is the subject of interest consideration and in which matter the member's spouse is directly or indirectly interested in a private capacity the member shall, as soon as practicable after the commencement of the meeting, disclose such interest and shall not, unless the Authority otherwise directs, take part in any consideration or discussion of, or vote on, any question touching such matter. (2) A disclosure of interest made under this section shall be recorded in the minutes of the meeting at which it is made. 10. (1) A person shall not, without the consent in writing given by or on behalf of the Authority, publish or disclose to any unauthorised person, otherwise than in the course of his duties, the contents of any documents, communication or information whatsoever, which relates to, and which has come to his knowledge in the course of his duties Prohibition of publication of, or disclosure of information to unauthorised

under this Act. (2) Any person who contravenes the provisions of subparagraph (1) shall be guilty of an offence and shall be liable, upon conviction, to a fine not exceeding five hundred penalty units or to imprisonment for a term not exceeding three years, or to both. (3) If any person having information which to his knowledge has been published or disclosed in contravention of sub-paragraph (1) unlawfully publishes or communicates any such information to any other person, he shall be guilty of an offence and shall be liable, upon conviction, to a fine not exceeding five hundred penalty units or to imprisonment for a term not exceeding three months or to both. FINANCIAL PROVISIONS PART II

persons

11. (1) The funds of the Authority shall consist of such money as may- Funds of Authority (a) be paid to the Authority by way of contributions, fees, levy, grants or donations; or (b) vest in or accrue to the Authority.

(2) The Authority may(a) accept moneys by way of grants or donations from any source; (b) raise by way of loans or otherwise, such moneys as it may require for the discharge of its functions; or (c) charge and collect fees for services provided by the Authority.

(3) There shall be paid from the funds of the Authority(a) the salaries, allowances and loans of the staff of the Authority; (b) such reasonable travelling, transport and subsistence allowances for members or members of any committee of the Authority when engaged on the business of Authority, at such rates as the Authority may determine; and (c) any other expenses incurred by the Authority in the performance of its functions. (4) The Authority may invest in such manner as it thinks fit such of its funds it does not immediately require for the performance of its functions. 12. The Financial year of the Authority shall be the period of twelve Financial year

months ending on the 31st of December, in each year. 13. The Authority shall cause to be kept proper books of account and other records relating to its accounts. Accounts

14. (1) As soon as practicable, but not later than six months after the Annual report expiry of each financial year, the Authority shall submit to the Minister a report concerning its activities during such financial year. (2) The report referred to in paragraph (1) shall include information on the financial affairs of the Authority and there shall be appended thereto(a) (b) (c) an audited balance sheet; an audited statement of income and expenditure; and such other information as the Minister may require.

(3) The Minister shall, not later than thirty days after the first sitting of the National Assembly next after the receipt of the report referred to in sub-paragraph (1), lay it before the National Assembly.

SECOND SCHEDULE
(Section 10) PERSONS EXEMPTED FROM THE PROVISIONS OF THE ACT The following persons shall not be required to register as members of the National Pension Scheme: (a) an employed person whose monthly earnings are less than K 15,000; (b) the spouse of the employer: (c) a member of the family of the employer who ordinarily resides with the employer, (d) an employee of an international organisation who is not a citizen of Zambia; (e) an employee of a foreign government who is accorded diplomatic or equivalent status and who is not a citizen of Zambia; (f) a member of the armed forces; and (g) a public officer appointed before this Act comes into force and who is on pensionable employment under the Public Service Pensions

Fund or the Local Authorities Superannuation Fund.

CHAPTER 257 THE NATIONAL ASSEMBLY STAFF ACT


ARRANGEMENT OF SECTIONS

Section 1. 2. 3. 4. 5. 6. 7. Short Title Interpretation Clerk of the National Assembly Officers of National Assembly Appointments Status of persons in current service Orders by Speaker

CHAPTER 257

THE NATIONAL ASSEMBLY STAFF ACT An Act to provide for the establishment of the office of the Clerk of the National Assembly; to provide for such other officers in the department of the Clerk of the National Assembly; and to provide for matters connected with or incidental to the foregoing. [20th December, 1991] 1. This Act may be cited as the National Assembly Staff Act.

Act 25 of 1991

Short Title Interpretation

2. In this Act, unless the context otherwise requires"Clerk" means the person appointed Clerk of the National Assembly under section three.

"officer" means a person who holds or acts in any office in the department of the Clerk. "Speaker" means the person appointed Speaker of the National Assembly under the Constitution. 3. (1) There shall be a Clerk of the National Assembly who shall be appointed by the President: Clerk of the National Assembly

Provided that no person shall be appointed Clerk unless a proposal for the appointment of that person has been submitted to the Assembly and the Assembly has resolved that he should be so appointed. (2) Subject to subsection (3), the Clerk shall vacate his office when he attains the age of fifty-five years. (3) The Clerk may be removed from office by resolution of the Assembly for inability to discharge the functions of his office, whether arising from infirmity of his body or mind, or for misbehaviour but shall not be otherwise removed. 4. There shall be such other officers in the department of the Clerk as may be prescribed by a resolution of the National Assembly. Officers of National Assembly Appointments

5. Power to appoint persons to hold or to act in any office in the department of the Clerk, other than the Office of the Clerk, and to exercise disciplinary control over persons holding or acting in such offices and to remove such persons from office, shall vest in the Speaker. 6. Any person appointed by virtue of the powers conferred by the Constitution of Zambia, 1973 or by any other law who is holding the office of Clerk of the National Assembly or is holding or acting in any office in the department of the Clerk shall continue in office as if the appointment was made under this Act.

Status of persons in current service

7. The Speaker may, with the approval of the National Assembly, make such orders prescribing the general conditions of service for, and the conduct of, officers under this Act. CHAPTER 258 THE PENSIONS (INCREASE) ACT
ARRANGEMENT OF SECTIONS

Orders by Speaker

Section 1. 2. 3. 4. 5. 6. Short title Interpretation Increase of pensions payable Saving Aggregation of pensions President's powers

SCHEDULE-Specified pensions
CHAPTER 258 27 of 1951 2 of 1954 36 of 1954 An Act to provide for the increase of certain pensions payable by the Government; and to provide for matters 33 of 1955 16 of 1956 incidental thereto or connected therewith. [25th July, 1951] 37 of 1957 28 of 1958 31 of 1960 5 of 1961 Government Notices 239 of 1964 497 of 1964 Statutory Instrument 144 of 1965

1.

This Act may be cited as the Pensions (Increase) Act.

Short title Interpretation

2. In this Act, unless the context otherwise requires-

"appropriate Commission" shall have the meaning assigned to that expression in the Constitution; "the Governments" means the Government of Zambia, or in respect of any period before the 24th October, 1964, the Government of the former Protectorate of Northern Rhodesia; "other service" means public service not under the Governments; "pension" means any pension or other benefit payable by way of periodical payments, but does not include any gratuity or any sum payable otherwise than by way of periodical payments. (As amended by No. 2 of 1954, No. 16 of 1956, No. 37 of 1957, No. 28 of 1958, No. 5 of 1961 and S.I. No. 144 of 1965) 3. (1) Where a pension became payable before the 2nd January, 1957, to any person eligible for the grant of a pension specified in the Schedule, the amount of such pension as increased in accordance with the provisions of this Act in force on the 30th June, 1960, shall be deemed to be pension for the purposes of subsection (3). (2) Where a pension specified in Part I of the Schedule became or becomes payable after the 1st January, 1957, to any person as a beneficiary of a deceased officer who retired before and died on or after the 1st January, 1946, the amount of such pension as increased in accordance with the provisions of this Act in force on the 30th June, 1960, shall be deemed to be pension for the purposes of subsection (3). (3) Every pension specified in subsections (1) and (2) shall, from the 1st July, 1960, or from the date on which such pension became or becomes payable, whichever is the later, be increased by seven and one-half per centum. (4) Subject to the provisions of subsections (5) and (6), and with the exception of any pension specified in subsection (2), where a pension became payable on or after the 2nd January, 1957, and before the 2nd July, 1960, to any person eligible for the grant of a pension specified in the Schedule, the amount of such pension shall, from the 1st July, 1960, be increased by seven and one-half per centum.

Cap. 1

Increase of pensions payable

(5) Where a pension became or becomes payable after the 1st January, 1957, to any person eligible for the grant of a pension specified in Part I of the Schedule, the pension granted shall not be increased unless the appropriate Commission, having regard to all the emoluments on which such pension is computed and to any general revision of salaries by which such emoluments may have been increased, otherwise orders if such person(a) retired or retires from other service; or

(b) is eligible for the grant of a pension as a dependant of a deceased officer who retired after the 31st December, 1945. (6) Where a pension became or becomes payable after the 1st January, 1957, to any person eligible for the grant of a pension specified in Part II of the Schedule and such person retired or retires from other service, the pension granted shall not be increased unless the appropriate Commission, having regard to all the emoluments of the office in respect of which such pension is computed and to any general revision of salaries by which the emoluments of such office may have been increased, otherwise orders. (No. 5 of 1961 as amended by G.N. No. 239 of 1964 and S.I. No. 144 of 1965) 4. Except as otherwise specifically provided, nothing in this Act shall Saving be deemed to authorise the increase of any gratuity, whether payable by way of commuted pension or otherwise, or other amount payable under the provisions of any enactment specified in the Schedule. 5. Where, after the 1st January, 1957, any person has become or Aggregation of becomes eligible for the grant of two or more pensions under one or pensions more of the items of the Schedule, the aggregate of such pensions shall be deemed for the purposes of this Act to be the pension payable to such person. (No. 37 of 1957) 6. The President may, with the approval of the National Assembly, by President's statutory noticepowers

(a)

amend the Schedule by making any addition thereto;

(b) vary the rate of increase specified in subsections (3) and (4) of section three. (As amended by No. 36 of 1954, No. 37 of 1957, No. 5 of 1961, G.N. No. 239 of 1964 and S.I. No. 144 of 1965) SCHEDULE (Section 3) SPECIFIED PENSIONS PART I 1. A pension payable out of the general revenues of the Republic to or in respect of the services of a European officer in accordance with the provisions of the Superannuation Acts, 1859 and 1887, of the United Kingdom. (As amended by G.N. No. 239 of 1964 and S.I. No. 144 of 1965) 2. A pension payable to or in respect of the services of a European officer in pursuance of a special resolution of the National Assembly. (As amended by G.N. No. 239 of 1964 and S.I. No. 144 of 1965) 3. A pension payable under the Public Servant's Agreements Act (Cap. 58 of the 1948 Edition of the Laws). 4. A pension payable under the European Officers' Pensions Act (Cap. 266). 5. A pension payable under the Widows' Pensions Act (Cap. 279). 6. Obsolete. 7. A pension payable to or in respect of the services of a European officer in accordance with the provisions of the Northern Rhodesia Police Act (Cap. 46 of the 1930 Edition of the Laws). 8. Obsolete. 9. Obsolete. 10. A pension payable to or in respect of the services of a European officer in accordance with the provisions of the Northern Rhodesia Police (Amendment) Proclamation, 1921. 11. A pension payable to or in respect of the services of a European officer in accordance with the provisions of the Civil Service Act (Cap. 57 of the 1964 Edition of the Laws).

12. A pension payable under the Hope and Hudson Pensions Act (Cap. 62 of the 1952 Edition of the Laws). PART II 1. A pension payable to or in respect of the services of an African policeman in accordance with the provisions of the Northern Rhodesia Police (Amendment) Proclamation, 1921. 2. A pension payable to or in respect of the services of an African policeman in accordance with the provisions of the Northern Rhodesia Police Act (Cap. 46 of the 1930 Edition of the Laws). 3. A pension payable to or in respect of the services of an African Civil Servant in accordance with the provisions of the Civil Service Act (Cap. 57 of the 1964 Edition of the Laws). 4. A pension payable under the Northern Rhodesia Police Act, 1933. 5. A pension payable under the Northern Rhodesia Regiment Act (Cap. 48 of the 1948 Edition of the Laws). 6. A pension payable under the Northern Rhodesia Police Act (Cap. 44 of the 1948 Edition of the Laws). 7. A pension payable to or in respect of the services of an African junior prison officer under the provisions of the Prisons Act (Cap. 43 of the 1948 Edition of the Laws). 8. A pension payable under the Northern Rhodesia Civil Service Proclamation, 1920. 9. A pension payable to or in respect of the services of a member of the Unified African Teaching Service in accordance with the provisions of the African Education Act (Cap. 135). (No. 28 of 1958)

CHAPTER 259 THE SERVICE COMMISSIONS ACT


ARRANGEMENT OF SERVICES

PART I PRELIMINARY

Section 1. 2. Short title Interpretation

PART II SERVICE COMMISSIONS 3. 4. Judicial Service Commission Repealed by Act No. 43 of 1994

5. President may give general directions to Judicial Service Commission 6. Judicial Service Commission not subject to authority of any persons, etc. 7. 8. 9. 10. Additional Commissions and their responsibilities Members of a Commission Appointment of officers Directions by the President

PART III PROVISIONS RELATING TO ALL COMMISSIONS 11. 12. 13. 14. 15. 16. Secretary and other staff Oath on appointment Procedure Exercise of functions Privileged reports, etc. Privilege of Members

PART IV PENSIONS 17. Functions of a Commission in relation to pensions

PART V MISCELLANEOUS Section 18. Offence or false information

19. Publication and disclosure of information to unauthorised persons prohibited 20. 21. 22. Offence to influence or attempt to influence commission Regulations Has had its effect

FIRST SCHEDULE SECOND SCHEDULE


CHAPTER 259

SERVICE COMMISSIONS

Act No. 24 of 1991 An Act to provide for appointments in the Public Service for the 13 of 1994 functions and powers of the Judicial Service Commission, for the 19 of 1994 establishment, functions and powers of a Public Service Commission, a 43 of 1994 Teaching Service Commission, and a Police and Prisons Service 34 of 1996 Commission; and to provide for matters connected with and incidental to the foregoing. [6th September, 1991 PART I PRELIMINARY 1. This Act may be cited as the Service Commissions Act. Short title Interpretation

2. (1) In this Act, unless the context otherwise requires"appropriate Commission", in relation to any office, means the

Commission which, under this Act, is, or is deemed to be, charged with responsibility in respect of that office; "Commission" means, as the case may require, the Judicial Service Commission established by the Constitution or a Commission established by section seven of this Act; "Judicial Service Commission" means the Judicial Service Commission established under the Constitution; "member" means a member of a Commission; "Police and Prisons Service Commission" means the Police and Prisons Service Commission established under section seven; "Public Service" means the civil service of Zambia; "Public Service Commission" means the Public Service Commission established under section seven; "relevant regulations" means the regulations made by the appropriate Commission under section four; "responsible officer" means an officer designated as the responsible officer in the relevant regulations; "Teaching Service" means such offices in the public service as may be declared, by regulations made under section five, to constitute the Teaching Service; "Teaching Service Commission" means the Teaching Service Commission established under section seven; (As amended by Act No. 19 of 1994)

PART II THE SERVICE COMMISSIONS 3. (1) The Judicial Service Commission established by the Constitution shall be composed ofJudicial Service Commission Cap. 1

(a) (b) (c)

the Chief Justice, who shall be Chairman; the Attorney-General; the Chairman of the Public Service Commission or such other

member of that Commission as may, for the time being, be designated in that behalf by the Chairman of that Commission; (d) (e) (f) the Secretary to the Cabinet; a judge nominated by the Chief Justice; the Solicitor-General;

(g) a member of the National Assembly appointed by the Speaker of the National Assembly; (h) a member to represent the Law Association of Zambia nominated by that Association and appointed by the President; (i) (j) the Dean of the Law School of the University of Zambia, and one member appointed by the President.

(2) A person shall not be qualified for appointment under paragraph (j) of subsection (1) unless he holds or has held high judicial office, and a person appointed under that paragraph or paragraph (h) of subsection (1)(a) shall, subject to paragraph (b), vacate his office at the expiration of two years from the date of his appointment; and (b) may be removed from office by the President, but shall not be so removed except for inability to discharge the functions of his office, whether arising from infirmity of body or mind, or for misbehaviour. (As amended by Act No. 19 of 1994) 4. Repealed by Act No. 43 of 1994. President may give directions to Judicial Service Commission

5. Subject to section fourteen, the President may give to the Judicial Service Commission or to any person to whom the functions or powers of the Commission are delegated in accordance with regulations made under section twenty-one such general directions as the President may consider, necessary, and the Commission or that person shall comply

with such direction. (As amended by Act No. 19 of 1994) 6. Except as provided in section five, the Judicial Service Commission Judicial Service shall not be subject to the direction or control of any person or authority Commission in the exercise of its functions under the Constitution or under this Act. not subject to authority of any persons, etc. Additional Commissions (a) a Public Service Commission, which shall have the responsibility under this Act in respect of any office in the public service and their which does not fall within the responsibility of some other Commission; responsibilities 7. There is hereby established(b) a Teaching Service Commission, which shall have responsibility under this Act, in respect of the Teaching Service; (c) a Police and Prisons Service Commission, which shall have responsibility under this Act, in respect of all police and prisons officers. 8. (1) This section shall apply to the Commissions established by section seven. (2) A Commission shall consist of a Chairman, and Vice Chairman and not less than three nor more than five other members. (3) The members of a Commission shall be appointed by the President. (4) A person shall not be qualified for appointment as a member of a Commission if he holds the office of President or is a member of the National Assembly or a public officer: Provided that a public officer shall be qualified for appointment as a member of the Police and Prisons Service Commission. (5) Subject to the provisions of this section, the office of a member of a Commission shall become vacantMembers of a Commission

(a) or

at the expiration of three years from the date of his appointment;

(b) if any circumstances arise that, if he were not a member of the Commission, would cause him to be disqualified for appointment as such. (6) A member of a Commission may be removed from office by the President only for inability to discharge the functions of his office, whether arising from infirmity of body or mind, or for misbehaviour. (7) There shall preside at any meeting of a Commission the Chairperson, and in the absence of the Chairperson, the Vice-Chairperson. (7A) If the offices of the Chairperson and the Vice-Chairperson of a Commission are vacant or if the persons holding those offices are for any reason unable to perform the functions of their office, then, until persons have been appointed to and have assumed the functions of any of those offices or until the persons holding those offices have resumed their functions, as the case may be, those functions shall be performed by such one or more of the other members of the Commission as may be designated in that behalf by the President. (8) If at any time there are less than three members of a Commission besides the Chairman or if any such member is appointed to act as Chairman or is for any reason unable to perform the functions of his office, the President may appoint a person who is qualified for appointment as a member of such Commission to act as a member, and any person so appointed shall, subject to the provisions of paragraph (b) of subsection (5) continue to act until the office in which he is acting is filled or until the holder thereof resumes his functions or until his appointment to act is revoked by the President as the case may be. (As amended by Acts No. 19 of 1994 and 34 of 1996) 9. (1) Subject to the Constitution, power to appoint persons to hold or act in any office in the public service, the teaching service, the Zambia Police Force or the Zambia prisons service, including the power to confirm appointments, to exercise disciplinary control over persons holding or acting in such offices and to remove any such person from Appointment of officers

office shall vest in the President. (2) The President shall appoint persons to the following offices: (a) Deputy Secretary to the Cabinet, Permanent Secretary, inspector General of Police, Commissioner of Police, Commissioner of Prisons or any other person holding or acting in any of those offices; (b) Ambassador, High Commissioner, or Principal Representative of Zambia in another country. (As amended by Act No. 19 of 1994) 10. Subject to section thirteen the President may give to a Commission Directions by the President established by section seven or to any public officer to whom the functions or powers of such Commission are delegated in accordance with regulations made under section twenty-two such general directions with respect to the exercise of the functions of the Commission under section seven as the President may consider necessary and the Commission or that public officer shall comply with those directions. (As amended by Act No. 19 of 1994)

PART III PROVISIONS RELATING TO ALL COMMISSIONS 11. There shall be a secretary to a Commission and such other members of staff as a Commission may consider necessary. Secretary and other staff

12. (1) Every member of a Commission shall, on appointment, take an Oath on oath in the form set out in the First Schedule. appointment (2) The secretary and such other members of staff of a Commission as the Chairman may require so to do, shall, on appointment, take an oath in the form set out in the Second Schedule. (3) Where any person is required to take an oath under this section and-

(a) (b)

he has no religious belief; or the taking of an oath is contrary to his religious belief;

he may make and subscribe a solemn affirmation in the form of the oath appointed, substituting the words "solemnly and sincerely declare and affirm" for the word "swear" and omitting the words "so help me God". (4) Every oath or affirmation taken by a member shall be administered by a judge and every oath or affirmation taken by the secretary or any other member of the staff of a Commission shall be administered by a commissioner for oaths. 13. (1) Every meeting of a Commission shall be presided over by the Chairman. (2) Subject to subsection (3), a Commission may act notwithstanding a vacancy in the office of a member thereof or the absence of a member. (3) Any decision of a Commission shall require the support of the votes of the majority of all the members: Provided that, if upon any question the votes are equally divided, the Chairman shall have a casting vote. (4) A decision may be made by a Commission without a meeting by circulating the relevant papers among the members and the members may express their views in writing but any member shall be entitled to require that any such decision shall be deferred until the subject-matter is considered at a meeting of the Commission. (5) Any member shall be entitled to dissent from a decision of the Commission and to have his dissent and his reasons therefor set out in the records of the Commission. (6) Subject to the other provisions of this Act and of regulations made by the Commission, a Commission may determine its own procedure. Procedure

14. (1) A Commission shall not exercise its powers in connection with Exercise of the dismissal, disciplinary action or termination of appointment of any functions officer holding an office for which it is responsible under this Act except in accordance with the provisions of the relevant regulations. (2) A Commission, at the request of a responsible officer shall hear the responsible officer personally in connection with any recommendation made by him to the Commission. (As amended by Act No 19 of 1994) 15. Any report, statement or other communication or record of any Privileged reports, etc. meeting, inquiry or proceedings of a Commission relating to the exercise of its functions or any report, statement or other communications or record made by a member in the course of his duties, and any application form, report or other communication despatched to the Commission in connection with the exercise of its functions, and in the possession of the Commission, shall be privileged in that its production may not be compelled in any legal proceedings unless the Chairman certifies that such production is not against the public interest. Privilege of 16. Every member of a Commission shall have such protection and privilege in case of any action or suit brought against him for any act members done or attempted to be done in the bona fide execution of his duties, as is by law given to the acts done or words spoken by a judge in the exercise of his judicial office.

PART IV PENSIONS 17. (1) Where under any law any person or authority has a discretionFunctions of a Commission in relation to pensions

(a) (b)

to decide whether or not any pension benefits shall be granted; or to withhold, reduce in amount or suspend any such benefits that

have been granted; those benefits shall be granted and may not be withheld, reduced in amount or suspended unless the appropriate Commission concurs in the refusal to grant the benefit or, in the decision to withhold them, reduce them in amount or suspend them, as the case may be. (2) Where the amount of any pensions benefits that may be granted to any person is not fixed by law, the amount of the benefits to be granted to him shall be the greatest amount for which he is eligible unless the appropriate Commission concurs in his being granted benefits of a smaller amount. (3) For the purpose of this section, where a person ceases to be a public officer before the establishment of a Commission the appropriate Commission means the Commission which would have the responsibility under this Act were the officer still to hold his last public office. (4) In this section "pensions benefits" means any pensions' compensation, gratuities or other like allowances for persons in respect of their service as public officers, including service as members of the teaching service, and services as public officers under, the Government of the territories which on the 24th October, 1964, became the sovereign Republic of Zambia or for the widows, children, dependants or personal representatives of such persons in respect of such service.

PART V MISCELLANEOUS 18. Any person who, in connection with the exercise of any function of Offence of false a Commission, wilfully gives to the Commission or any member information thereof, any information which he knows to be false or misleading in any material particular shall be guilty of an offence and shall be liable on conviction to a fine not exceeding one hundred penalty units. (As amended by Act No. 13 of 1994) 19. (1) No member of a Commission or of the staff of a Commission or Publication and any other person shall, without the consent in writing of the appropriate disclosure of

authority, publish or disclose to any person otherwise than in the course of his duties the contents or any part of the contents of any documents, communication or information whatsoever, which has come to his knowledge in the course of his duties under this Act or any regulation made thereunder; and any person who knowingly acts in contravention of any of the provisions of this subsection shall be guilty of an offence and shall be liable upon conviction to a fine not exceeding one hundred penalty units (2) If any person having information which to his knowledge has been published or disclosed in contravention of subsection (1) publishes or communicates any such information to any other person, otherwise than for the purpose of any prosecution under this Act or in the course of his duty, he shall be guilty of an offence and shall be liable upon conviction to a fine not exceeding one hundred penalty units. (3) In this section, "the appropriate authority" in relation to the Judicial Service Commission means the Chief Justice, and in relation to any other Commission means the Minister. (As amended by Act No. 13 of 1994) 20. Any person who otherwise than in the course of his duties directly or indirectly by himself or by any other person in any manner whatsoever influences or attempts to influence any decision of the Commission shall be guilty of an offence and shall be liable upon conviction to a fine not exceeding one hundred penalty units. Provided that nothing in this section shall prohibit any person from giving a certificate or testimonial to any applicant or candidate for any office or prohibit any person from supplying any information or assistance upon formal request made by the Commission. (As amended by Act No. 13 of 1994) 21. (1) A Commission may, by statutory instrument made with the consent of the President, make regulations for the appointment, including the power to confirm appointments of persons, to any office with respect to which it is charged with responsibility under this Act, promotions to such offices, the disciplinary control of persons holding or acting in such offices the termination of appointments and the removal of such persons from office and the practice and procedure of

information to unauthorised persons prohibited

Offence to influence or attempt to influence Commission

Regulations

the Commission in the exercise of its functions under this Act. (2) Without prejudice to the generality of subsection (1), regulations under this section may make provision for(a) prescribing the qualification for appointment or promotion to any post and such training courses as shall be considered necessary for promoting or maintaining efficiency; (b) the transfer or secondment of any person holding any such office. (3) Regulations under this section may make different provisions for different categories of officers and may authorise the Commission to delegate any of its functions or powers to any responsible officer or officer subordinate to a responsible officer. 22. Has had its effect.

FIRST SCHEDULE
(Section 12 (1))

OATH OF MEMBER OF COMMISSION


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

SECOND SCHEDULE

(Section 12 (2))

OATH OF SECRETARY AND OTHER EMPLOYEES OF COMMISSION


I, having been appointed to exercise the functions of secretary to/member of the staff of the Service Commission, do swear that I will not directly or indirectly, reveal to any unauthorised person or otherwise than in the course of duty the contents or any part of the contents of any document, communication or information whatsoever which may come to my knowledge in the course of my duties as such. SO HELP ME GOD Sworn/Declared before me this .............................. day of ............................. , 19 ........... Commissioner for Oaths
SUBSIDIARY LEGISLATION

THE JUDICIAL SERVICE COMMISSION REGULATIONS [ARRANGEMENT OF REGULATIONS]

PART I PRELIMINARY
Regulation 1. 2. Title Interpretation and application

PART II GENERAL

3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13.

Secretary and staff Presiding at meetings Record of meetings Decisions by circulation of papers Dissent Quorum Disclosure Matters to be considered by Commission Consultation and selection boards Obligation to conform with regulations under the Constitution Irregular representations

PART III APPOINTMENTS (INCLUDING PROMOTIONS AND TRANSFERS), CONFIRMATION OF APPOINTMENTS, PASSING OF PROMOTION BARS AND TERMINOLOGY OF APPOINTMENTS (OTHERWISE THAN BY DISCIPLINARY PROCEEDINGS)
14. 15. 16. 17. 18. 19. 20. Advertisements Procedure and forms Vacancies Vacancies to be filled after course of study Recruitment outside Zambia Appointments Probationary appointments

21. 22. 23.

Retirement on attaining pensionable age Promotion bars Further report

24. Renewal of agreements and admission to the permanent and pensionable establishment

PART IV DISCIPLINE
25. Interdiction 26. Procedure following criminal conviction or absence from duty without leave or detention 27. 28. 29. Report of institution of criminal proceedings Proceedings after acquittal on criminal charges Procedure when criminal offence may have been committed

30. Decision in disciplinary proceedings to be communicated to officer concerned 31. 32. Misconduct justifying dismissal Misconduct not justifying dismissal

33A. Retirement on abolition of office to effect greater efficiency or economy 33B. 33C. 34. 35. 36. Retirement on medical grounds Retirement in national interest Procedure on criminal conviction The withholding and restoration of increments Punishments which the Commission may impose

37. Report of unsatisfactory conduct of officer serving on agreement 37A. 38. Removal of judicial officer for incompetence or negligence Service of agreements

PART V MISCELLANEOUS

39. 40. 41.

Production of relevant documents, etc. Correspondence Cases not otherwise provided for Government Notices 490 of 1964 497 of 1964 Statutory Instruments 192 of 1965 186 of 1967 72 of 1980 4 of 1988 Cap. 2

THE JUDICIAL SERVICE COMMISSION REGULATIONS Regulations made by the Judicial Service Commission, with the consent of the President, and continued in force by virtue of Section 15 of the Interpretation and General Provisions Act

PART I PRELIMINARY
1. These Regulations may be cited as the Judicial Service Commission Title Regulations. 2. (1) In these Regulations, unless the context otherwise requires"Chairman" means the Chairman of the Commission; "Commission" means the Judicial Service Commission established under the Constitution; "judicial office" means any office in relation to which these Regulations apply; "judicial officer" means the holder of any judicial office; "member" means any member of the Commission, including the Chairman; "responsible officer" means the Registrar of the High Court or such other officer as the Chief Justice may, in any particular case, appoint; "secretary" means the secretary to the Commission appointed under regulation 3. Interpretation and application

(2) These Regulations shall apply in relation to any of the following offices: (a) the office of Master or Deputy Master or Assistant Master of the Supreme Court; (b) the office of Registrar or Deputy Registrar or Assistant Registrar of the High Court; (c) the office of Senior Resident Magistrate, Resident Magistrate or Magistrate; (d) the office of Local Courts Adviser, local courts officer, presiding justice or local court justice; or (e) such other offices of presiding justice or member of any court of law or connected with any court of law as may be prescribed by or under an Act of Parliament. (3) In this regulation, references to the office of Magistrate do not Cap. 28 include references to any administrative office the holders of which are, under the provisions of the Subordinate Courts Act, entitled by virtue of that office to hold a subordinate court, and references to a court of law do not include references to a court-martial or to the Industrial Relations Court. (As amended by S.I. No. 72 of 1980)

PART II GENERAL
3. The Commission shall appoint a secretary to the Commission, who Secretary and shall not be a member of the Commission, and such other staff as it may staff from time to time consider necessary.

4. Every meeting of the Commission shall be presided over by the Presiding at Chairman or in the absence of the Chairman by a member elected in that meetings behalf by the members attending the meeting. 5. A record shall be kept of the members present and of the business transacted at every meeting of the Commission. Record of meetings

6. Decisions may be made by the Commission without a meeting by Decisions by circulation of the relevant papers among the members and the circulation of expression of their views in writing, but any member shall be entitled to papers require that any such decision shall be deferred until the subject-matter be considered at a meeting of the Commission. 7. Any member shall be entitled to dissent from a decision of the Commission and to have his dissent and his reasons therefor set out in the records of the Commission. Dissent

8. The Chairman or the member presiding and two members shall Quorum constitute a quorum for a meeting of the Commission and a like number of members will be required for a decision of the Commission arrived at by the circulation of written papers. (As amended by S.I. No. 72 of 1980) 9. No member of the Commission, nor the secretary nor any member Disclosure of the staff of the Commission nor any other person, shall publish or disclose to any person otherwise than in the exercise of his official functions the contents of any document, communication or information whatsoever which has come to his notice in the course of his duties. 10. In exercising its powers in connection with the appointment, promotion or transfer of judicial officers, the Commission shall have regard to the maintenance of the high standard of integrity and efficiency necessary in the judicial service and(a) shall give due consideration to officers serving in the judicial service or the public service and to residents of Zambia: (b) shall, in the case of officers serving in the judicial service, take into account qualifications, experience, merit as well as seniority; and; (c) where a post cannot be filled eitherMatters to be considered by Commission

(i) by the appointment or promotion of a suitable person already serving in the judicial service or the public service; or (ii) by the appointment of a suitable person who has successfully completed a course of study or training acceptable to the Commission; (As amended by S.I. No. 72 of 1980) Consultation 11. In exercising its powers in connection with the appointment or transfer of an officer serving in the judicial service or the public service, and selection boards the Commission may(a) consult with any other person or persons; and (b) seek the advice of a selection board constituted by the Chairman who may appoint to it members of the Commission and other persons who are not members of the Commission. (As amended by S.I. No. 72 of 1980) 12. The Commission shall not exercise its powers in connection with the dismissal, the disciplinary punishment or the termination of appointment otherwise than by way of dismissal, of any judicial officer in the judicial service except in accordance with the provisions of these Regulations or such other regulations as may be made from time to time by virtue of the provisions of the Constitution. (As amended by S.I. No. 72 of 1980) 13. In carrying out its duties the provisions of the Constitution or Irregular Service Commissions Act and these Regulations, the Commission shall represenatations not take into account any representations made to it otherwise than in Cap. 259 accordance with the Constitution or Service Commissions Act or with these Regulations: Provided that nothing in this regulation shall be deemed to prohibit the Commission taking into account a bona fide reference or testimonial of service. Obligation to conform with regulations under the Constitution

PART III

APPOINTMENTS (INCLUDING PROMOTIONS AND TRANSFERS), CONFIRMATION OF APPOINTMENTS, PASSING OF PROMOTION BARS AND TERMINATION OF APPOINTMENTS (OTHERWISE THAN BY DISCIPLINARY PROCEEDINGS)
14. The Commission, in its discretion shall determine the form of advertisements issued in accordance with the provisions of paragraph (c) of regulation 10 and the manner in which such advertisements are published. The qualifications specified in such advertisements shall be those approved by the Commission. Advertisements

15. The Commission shall determine the procedure to be followed in Procedure and dealing with applications for appointment to any judicial office forms including the proceedings of any selection board appointed by the Chairman to interview candidates. The Commission shall determine the forms to be used in connection with the discharge of its functions. 16. When a vacancy occurs or it is known that a vacancy will occur in Vacancies any judicial office the responsible officer will report the fact to the Commission and(a) if the responsible officer recommends that the vacancy should be filled by the appointment or promotion of a serving judicial officer he will so inform the Commission; (b) if the responsible officer is unable to recommend the promotion of a serving officer to fill a vacancy he shall inform the Commission of the names of the judicial officers serving in the particular grade or cadre from which the promotion would normally be made, and state his reasons why he does not consider the officers named suitable for promotion to the vacant post;

(c) if the responsible officer recommends that applications to fill the vacancy should be invited from serving officers or from both serving officers and the general public he will attach to his report a draft advertisement setting out details of the vacant post and the duties and qualifications attached to it; (d) if the responsible officer is unable to recommend that the vacancy should be filled immediately he will so inform the Commission and state his reasons therefor. 17. Where a vacancy is to be filled on the successful completion of a course of study or training designed to qualify a candidate for appointment to the judicial service the Commission may make such arrangements as it considers appropriate. 18. If the responsible officer is informed that the Commission has decided that a particular vacancy should be filled by recruitment from outside Zambia, he shall prepare an indent on the appropriate form and submit it to the Permanent Secretary (Establishment) who will be responsible for verifying the particulars contained therein. (As amended by No. 186 of 1967) 19. No appointment to the judicial service may be made before the Appointments Commission has determined the suitability of the candidate concerned. The secretary will inform the Permanent Secretary of appointments authorised by the Commission and the Permanent Secretary (Establishment) will advise the secretary of the initial rate of salary to be paid to the officers appointed. (As amended by No. 186 of 1967) 20. (1) Where a judicial officer holds a probationary appointment, three Probationary months before the expiration of the period of such probationary appointments appointment, the responsible officer shall consider(a) whether such officer should on such expiration be confirmed in a pensionable post; (b) whether a further period of probationary service is necessary to determine whether such officer should be so confirmed; or Vacancies to be filled after course of study

Recruitment outside Zambia

(c)

whether such officer should not remain in the service.

(2) If after consideration of the matters referred to in sub-regulation (1), the responsible officer is of the opinion that a judicial officer in a probationary appointment should be confirmed in a pensionable appointment the responsible officer, as soon as may be before the expiration of the period of probationary appointment, shall forward a recommendation that the officer be confirmed to the Commission. (3) If after consideration of the matters referred to in sub-regulation (1), the responsible officer is of the opinion that the work or conduct of a judicial officer in a probationary appointment has not been in all respects satisfactory, he shall so inform the officer in writing and indicate whether he proposes to recommend(a) an extension of the officer's probationary service to show whether he can overcome the defects noted; or (b) that the officer's probationary appointment should be terminated.

(4) The responsible officer shall, when giving to a judicial officer the information mentioned in sub-regulation (3), ask the officer if he has any representations to make, within a period to be appointed by the responsible officer, on the recommendations proposed. On the expiration of the period allowed to the officer to make any representations, the responsible officer shall forward a report on the officer, together with a copy of the letter to the officer and of the latter's representations, if any, his comments thereon and a recommendation whether the period of probationary service should be extended or that the officer should not remain in the service, to the Commission. (5) Where a judicial officer holds a probationary appointment and the responsible officer at any time during the period of such probationary appointment is of the opinion that such appointment should be terminated forthwith on the grounds of general unsuitability which renders the officer unlikely to justify confirmation in a pensionable office, the procedure prescribed in sub-regulations (3) and (4) shall be followed. (6) An offence or offences against discipline committed by an officer to

whom this regulation applies, or the conviction of such an officer on a criminal charge, shall be dealt with in accordance with Part IV. (As amended by No. 186 of 1967) 21. (1) The responsible officer shall, not later than six months before a judicial officer serving in his Ministry attains pensionable age, notify such judicial officer and the Commission of his impending date of retirement. (As amended by S.I. No. 4 of 1988) 22. (1) Not later than two months before a judicial officer is due to pass Promotion bars a promotion bar, a promotion bar certificate, in the approved form, will be forwarded by the responsible officer to the Commission. (2) If the responsible officer does not recommend that the officer should pass the promotion bar he shall so inform the officer, indicating the reasons therefor, and ask the judicial officer if he has any representations to make within a period to be appointed by the responsible officer. At the expiration of such period, the responsible officer shall forward a copy of his letter to the officer and the latter's representations, if any, and his comments thereon, together with the promotion bar certificate to the Commission. (As amended by No. 186 of 1967) 23. If upon consideration of a recommendation made by the Further report responsible officer under the provisions of regulation 21 or 22 that a judicial officer should be confirmed in a pensionable post or permitted to pass a promotion bar, as the case may be, the Commission is of the opinion that it requires further information, it may refer the matter back to the responsible officer for a further report. 24. (1) Where a judicial officer is serving on agreement for a specified period of service and the responsible officer desires to retain his services for a further tour of service, then, not later than thirty-three months after the officer's first day of resident service or three months before the judicial officer's last day of duty, whichever is the earlier, the responsible officer will invite the Judicial officer in writing either, if the judicial officer be so eligible, to apply for admission to the permanent and pensionable establishment or, if the judicial officer is ineligible for admission to the permanent and pensionable establishment, to apply to Renewal of agreements and admission to the permanent and pensionable establishment Retirement on attaining pensionable age Cap. 410

be engaged for a further period of service. If the judicial officer states either that he does not wish to be admitted to the permanent and pensionable establishment or to be engaged for a further period of service, no further action will be necessary. If the officer duly applies either to be admitted to the permanent and pensionable establishment or to be engaged for a further period of service, the responsible officer will forward to the Commission the officer's application together with his recommendation. (2) Where a judicial officer is serving on agreement for a specified period of service and the responsible officer does not wish to retain his services for a further period of service, then the responsible officer will so inform the judicial officer in writing not later than five months before the officer's last day of duty and ask the judicial officer if he has any representations to make within a period to be appointed by the responsible officer. If the judicial officer does not wish to make any representations or states that he does not wish to be engaged for a further period of service, no further action will be necessary. If the judicial officer does make any representations, the responsible officer will forward a full statement of reasons for recommending that the judicial officer should not be engaged for further service together with a copy of his letter to the judicial officer and the latter's representations, and his comments thereon, to the Commission. (As amended by No. 186 of 1967 and S.I. No. 72 of 1980)

PART IV DISCIPLINE
25. (1) If proceedings for dismissal are being taken or are about to be Suspension taken or if criminal proceedings are being instituted against a judicial officer the responsible officer may, if he considers that the public interest requires that the judicial officer should cease to exercise the powers and functions of his office, suspend the judicial officer from the exercise of those powers and functions. (2) A judicial officer who is suspended shall receive such salary, not being less than half his salary, as the responsible officer shall think fit.

(3) Where disciplinary or criminal proceedings have been taken or instituted against a judicial officer under suspension and such judicial officer is not dismissed or, as the case may be, convicted as a result of such proceedings, the whole of any salary withheld under the provisions of subregulation (2) shall be restored to him upon the termination of such proceedings. If the judicial officer is not dismissed or convicted but is subjected to some lesser punishment, he may be refunded such proportion of the emoluments withheld as the result of his suspension as the Commission shall think fit. (4) A judicial officer who is under suspension may not leave Zambia without the permission of the responsible officer. (5) In this regulation"criminal proceedings" include investigations into malpractices and embezzlement of public funds; "salary" means basic salary and, in the case of a judicial officer in receipt of overseas addition to salary or inducement pay, such overseas addition to salary or inducement pay as the case may be. 26. (1) Where, as a result of criminal proceedings, a judicial officer is convicted of an offence likely to warrant disciplinary proceedings for his dismissal, the responsible officer shall direct that the salary of such judicial officer be withheld as from the date of his conviction pending the determination of such disciplinary proceedings. Procedure following criminal conviction or absence from duty without leave or detention

(2) Where disciplinary proceedings instituted against a judicial officer convicted of a criminal offence do not result in his dismissal he shall be paid such proportion of his salary withheld under sub-regulation (1) as the Commission may direct. (3) Where a judicial officer absents himself from duty without leave for Cap. 106 more than ten days or where he is detained under the Preservation of Public Security Act, he shall be suspended from duty forthwith by the responsible officer who shall direct that the salary of such judicial officer be withheld as from the date of his suspension from duty pending the determination of disciplinary proceedings.

(4) Subject to the provisions of this regulation, the suspension of a judicial officer shall have effect during such period, and in accordance with such conditions, as the Commission shall specify by notice in writing to such judicial officer. Provided that, where it appears expedient, the Commission may at any time during such period abridge or extend such period by further notice in writing to such judicial officer. (As amended by S.I. No. 72 of 1980) 27. If criminal proceedings of a nature likely to warrant disciplinary proceedings are instituted against a judicial officer in any court, the responsible officer shall forthwith report the facts together with a statement as to whether the judicial officer has or has not been suspended from the exercise of his powers and functions to the Commission and the Permanent Secretary (Establishment). No proceedings for the dismissal of such a judicial officer upon any grounds involved in a criminal charge shall be taken until the conclusion of the criminal proceedings and the determination of any appeal therefrom. (As amended by S.I. No. 72 of 1980) 28. A judicial officer acquitted of a criminal charge in any court shall not be dismissed or otherwise punished on any charge upon which he has been acquitted, but noting in this regulation shall prevent his being dismissed or otherwise punished on any other charges arising out of his conduct in the matter, unless the charges raise substantially the same issue as those on which he has been acquitted. 29. If it comes to the notice of the responsible officer that a criminal offence likely to warrant disciplinary proceedings may have been committed by a judicial officer, the responsible officer shall consult the Director of Public Prosecutions as to whether criminal proceedings are being instituted against the judicial officer. If criminal proceedings are not being instituted, the responsible officer shall consider whether disciplinary action should be taken under the provisions of this Part. If the responsible officer considers that disciplinary action should be taken against the judicial officer the procedure prescribed in regulation 31, 32 or 35, as may be appropriate, shall be followed. (As amended by No. 192 of 1965 and S.I. No. 72 of 1980) Proceedings after acquittal on criminal charges Report of institution of criminal proceedings

Procedure when criminal offence may have been committed

30. Where proceedings have been completed against a judicial officer Decision in under the provisions of this Part, such judicial officer shall be informed- disciplinary proceedings to (a) of the decision but not of the reasons therefor, on each charge be which has been preferred against him; and communicated (b) of the penalty (if any) or other punishment to be imposed. to officer concerned (As amended by S.I. No. 72 of 1980) 31. (1) When the responsible officer considers it necessary to institute Misconduct not justifying disciplinary proceedings against any judicial officer on the grounds of dismissal misconduct which, if proved, would, in the opinion of the responsible officer, justify dismissal from the judicial service, he shall after such preliminary investigation as he considers necessary and after consulting the Director of Public Prosecutions as to the terms of the charge or charges, forward to the judicial a statement of the charge or charges framed against him together with a brief statement of the allegations, in so far as they are not clear from the charges themselves, on which each charge is based, and call upon such judicial officer to state in writing before a day to be specified by the responsible officer any grounds on which he relies to exculpate himself. (2) The responsible officer shall forward his report, the statement of the charge or charges, the reply, if any, of the accused judicial officer and his own comments thereon to the Commission. (3) If, upon consideration of the report of the responsible officer, the Commission is of the opinion that proceedings for the dismissal of the judicial officer should be continued, it shall inquire into the matter. (4) The Commission shall inform the accused judicial officer that on a specified day the charges made against him will be investigated and that he will be allowed or, if the Commission so determines, will be required to appear before it to defend himself. (5) If witnesses are examined by the Commission the accused officer shall be given an opportunity of being present and of putting questions on his own behalf to the witnesses and no documentary evidence shall be used against him unless he has previously been supplied with a copy thereof or given access thereto.

(6) The Commission may, in its discretion, permit the prosecuting party or the accused judicial officer to be represented by a public officer or a legal practitioner: Provided that where the Commission permits the prosecuting party to be so represented it shall permit the accused judicial officer to be represented in a similar manner. (7) If during the course of the inquiry grounds for the framing of additional charges are disclosed, the Commission shall so inform the responsible officer who shall follow the same procedure as was adopted in framing the original charge or charges. (8) The Commission shall decide whether the charge or charges preferred have been proved against the accused judicial officer beyond a reasonable doubt. If so, the Commission shall convict him and may impose one or more of the prescribed punishments (including retirement from the service under regulation 33) upon the judicial officer. (9) The Commission, having inquired into the matter, shall prepare a report thereon with the record of the charges preferred, the evidence led, the defence and other matters relevant to the inquiry. The report of the Commission shall contain the point or points for determination, the decision thereon, the reasons for such decision and, in the case of conviction, shall specify the charges proved and the punishment imposed. (As amended by No. 192 of 1965 and No. 186 of 1967 and S.I. No. 72 of 1980) 32. (1) Whenever the responsible officer considers it necessary to Misconduct not institute proceedings against judicial officer but is of the opinion that the justifying misconduct alleged, if proved, would not be serious enough to warrant dismissal dismissal under the provisions of regulation 31 but would be sufficiently serious to warrant a more severe punishment than the withholding of increment under the provisions of regulation 35 he shall, after such preliminary investigation and such consultation with the Director of Public Prosecutions as he may consider necessary, forward to the judicial officer a statement of the charge or charges against him and he shall call upon him to state in writing before a day to be specified by the

responsible officer any grounds on which he relies to exculpate himself. (2) The responsible officer shall forward his report, the statement of the charge or charges, the reply, if any, of the accused judicial officer and his own comments thereon to the Commission. (3) If, upon consideration of the report of the responsible officer, including the grounds, if any, upon which the accused judicial officer relies to exculpate himself, the Commission is of the opinion that no further investigation is necessary, it may forthwith determine the punishment, if any (other than dismissal), which should be imposed on such judicial officer. (4) If, upon consideration of the report of the responsible officer, including the grounds, if any, upon which the accused judicial officer relies to exculpate himself, the Commission is of the opinion that the matter should be further investigated, the Commission shall inquire into the matter. (5) The inquiry shall be conducted in accordance with the provisions of sub-regulations (4) to (9) inclusive of regulation 31. (6) The Commission shall determine the punishment, if any (other than dismissal), to be imposed on the judicial officer: Provided that, where the procedure prescribed in sub-regulation (5) has been followed the Commission shall determine whether the judicial officer be dismissed or subjected to some lesser disciplinary punishment or retired from the judicial service. (As amended by No. 192 of 1965, and No. 186 of 1967 and S.I. No. 72 of 1980) (1) Notwithstanding the provisions of these Regulations, if the responsible officer considers that a judicial officer should be retired at an earlier age than the age specified by pension laws relating to his particular service on the grounds of(a) failure to perform his duties;

(b) (c)

incompetent performance of his duties; any other disciplinary offence;

he shall inform such judicial officer and allow him an opportunity, within a reasonable period to be determined by the responsible officer, of showing cause why he should not be retired from the judicial service. (2) If, on the expiration of the period allowed to the judicial officer to show cause why he should not be retired from the judicial service, the responsible officer, after considering the statement of the judicial officer, if any, and having regard to all the circumstances of the case, is of the opinion, that such judicial officer should be retired in the public interest and receive his retirement benefits, he shall forward his findings and the statements of the judicial officer to the Commission for a determination. (3) If, upon consideration of the report made by the responsible officer in pursuance of sub-regulation (2), the Commission is of the opinion that the facts disclosed warrant the dismissal of the judicial officer or the imposition of some lesser penalty than dismissal, the Commission shall determine whether the judicial officer be dismissed or subjected to some lesser disciplinary punishment or retired from the judicial service, without any of the proceedings prescribed in regulation 31 or 32 being instituted. (As amended by S.I. No. 72 of 1980 and 4 of 1988) 33A. The Commission may on the recommendation of the responsible officer, retire an officer in the judicial service on the abolition of his office to effect greater efficiency or economy in the Ministry or Province to which he belongs. (As amended by S.I. No. 4 of 1988) Retirement on abolition of office to effect greater efficiency or economy

33B. On the recommendation of the responsible officer, the Retirement on Commission may retire an officer in the judicial service on sufficient medical medical evidence that the officer is incapable by reason of some grounds infirmity of body or mind of discharging the duties of his office and that such an infirmity is likely to be of long standing. (As amended by S.I. No. 4 of 1988)

33C. (1) The Commission may retire an officer in the judicial service in Retirement in the national interest. national interest (2) Retirement in the national interest shall be limited to cases where an officer has to relinquish his appointment at the instance of the Government either to take up another appointment outside the judicial service or for other reasons of Government policy. (As amended by S.I. No. 4 of 1988) Procedure on 34. If a judicial officer is adjudged guilty in any court of a criminal criminal charge likely to warrant disciplinary proceedings, the responsible conviction officer shall forward a copy of the charge and of the judgment (and of the record of the court if available) to the Commission. The Commission shall determine whether the officer be dismissed or subjected to some lesser disciplinary punishment on account of the conviction for the offence of which he has been adjudged guilty, without any of the proceedings prescribed on regulation 21, 32 or 33 being institued. (As amended by No. 186 of 1967) 35. (1) Whenever the responsible officer is unable to cerfity on the increment warrant of a judicial officer that the judicial officer has discharged his duties with efficiency, diligence and fidelity he shall, not less than one month before the increment is due, forward a report on the reasons that prevent his so certifying to the Commission. (2) If, upon consideration of the report of the responsible officer, the Commission is of the opinion that no further investigation is necessary it may forthwith determine that the increment be withheld. (3) If, upon consideration of the report of the responsible officer, the Commission is of the opinion that the matter should be further investigated or that it appears that a punishment more severe than the withholding of the increment may be more appropriate, it shall direct that the procedure prescribed in regulation 31 or 32 shall be followed. (4) When the increment of a judicial officer has been withheld and the responsible officer is of the opinion that the judicial officer should be permitted to resume incremental progress with effect from the due date, he shall forward a report to the Commission for decision. The withholding and restoration of increments

(5) If, upon consideration of the report of the responsible officer, the Commission is not satisfied that the increment should be so restored it shall so direct. (As amended by No. 186 of 1967) 36. The Commission may impose one or more of the following punishments upon any judicial officer as a result of proceedings under the provisions of this Part, that is to say: (a) (b) (c) (d) (e) reduction in salary; deferment of increment; stoppage of increment; withholding of increment; Punishments which the Commission dismissal or retirement in the public interest under regulation 33; may impose

(f) fine, subject to the amount not exceeding five days' pay in one month or seven days' pay in two consecutive months; (g) (h) severe reprimand; reprimand;

(j) the payment of the cost, or part of the cost, of any loss or damage caused by default or negligence. (As amended by No. 186 of 1967 and S.I. No. 4 of 1988) 37. If the responsible officer considers that the conduct of a judicial officer who is serving on contract or agreement (including an agreement for temporary service) is unsatisfactory, he shall report the matter to the Commission which shall determine the action (if any) to be taken regarding the judicial officer in respect of whom the report has been made. But nothing in this regulation shall affect the right to terminate any contract or agreement in accordance with a term or condition contained therein. (As amended by No. 186 of 1967) 37A. If the responsible officer is of the opinion that a judicial officer has been repeatedly so reckless or negligent in the performance of his duties or is manifestly so incompetent that his further continuance as a judicial officer would be inimical to the public interest, the responsible officer shall request in writing the immediate supervising officer of the Removal of judicial officer for incompetence or negligence Report of unsatisfactory conduct of officer serving on agreement

judicial officer and also such one of the judges as has had occasion to sit in appeal or revision over the judgments passed or orders made by the judicial officer, to make a report on the work and competence of the judicial officer, and the responsible officer shall submit such reports together with his comment thereon to the Commission, whereupon the Commission may, notwithstanding anything to the contrary contained in these Regulations, direct that the judicial officer shall without any further proceedings be removed from his post or make such other order as it thinks proper in the circumstances of the case. (As amended by S.I. No. 72 of 1980) 38. (a) Where under the provisions of these Regulationsit is necessary eitherService of agreements

(i) to serve any notice, charge or other document upon a judicial officer; or (ii) to communicate any information to any judicial officer by reason of such judicial officer having absented himself from duty; and (b) it is not possible to effect such service upon or communicate such information to such judicial officer personally; it shall be sufficient if such notice, charge or other document or a letter containing such information, be served upon such judicial officer by his post to his last known address.

PART V MISCELLANEOUS
39. Any person who submits any matter for the consideration of the Production of Commission shall ensure that all relevant documents and papers are relevant made available to the Commission; and the Commission may require the documents, etc. production of any further documents or information relevant to the matter under consideration. 40. All correspondence for the Commission from the responsible officer and other persons shall be addressed to the secretary unless Correspondence

otherwise provided by these Regulations. 41. Any case not covered by these Regulations shall be reported to the Cases not Commission and the Commission shall determine the procedure to be otherwise adopted. provided for THE PUBLIC SERVICE COMMISSION (DELEGATION) DIRECTIONS DIRECTIONS BY THE PUBLIC SERVICE COMMISSION Statutory Instrument 4 of 1981 70 of 1984

PART I PRELIMINARY
1. These Directions may be cited as the Public Service Commission (Delegation) Directions. 2. In these Directions, unless the context otherwise requires"Commission", "Head of Department", "salary" and "secretary" shall have the meaning assigned thereto by regulation 2 of the Regulations; "the Regulations" means the Public Service Commission Regulations; "responsible officer" shall have the meaning assigned thereto by regulation 2 of the Regulations and shall include the District Executive Secretary as defined under section two of the Local Government Act; "scheduled post" means any post carrying a salary in Division II or III in the Public Service; "supervising officer" means the public officer under whose direct control a Division II or III officer is employed. Cap. 281 Title

Interpretation

PART II

GENERAL
3. The exercise of the functions of the Commission under the Service Commission Act is hereby delegated in the manner specified in these Directions. Delegation Cap. 259

PART III APPOINTMENTS, CONFIRMATION OF APPOINTMENTS, PROMOTIONS AND TERMINATION OF APPOINTMENTS OTHERWISE THAN BY DISCIPLINARY PROCEEDINGS
4. (1) A responsible officer or Head of Department may make a temporary appointment for a period not exceeding three months to a post which is vacant in Division II or III. (2) If the responsible officer intends that a temporary appointment to a vacant post in Division II or III should continue for a period exceeding three months then, not later than two months after the effective date of the appointment, he shall forward details of the officer so appointed and the reasons for such temporary appointment to the Permanent Secretary (Establishment Division) with a recommendation regarding the length of time during which the temporary appointment will be required. (3) If the responsible officer intends that an officer appointed temporarily to a vacant post in Division II or III be subsequently appointed on probation, he shall forward details of the officer to the Permanent Secretary (Establishment Division) who mayAppointments

(a) in the case of Division II officer submit the details with his comments to the Commission for consideration; (b) in the case of Division III officer determine whether such officer be appointed on probation. (4) Notwithstanding the provisions of sub-paragraphs (1) to (3)(a) the Commission may make appointment to any vacant post in Division II or III reported in accordance with regulation 21 of the Regulations; (b) a Division II or III officer who is appointed under the provisions of sub-paragraphs (1) and (2) of Direction 4 and who has successfully completed a pre-appointment course of two years or more will be paid the basic salary of the post to which he is so appointed and may be required, if eligible, to pay pension contributions pending ratification of his appointment on probation by the Commission, or the Permanent Secretary (Establishment Division), as the case may be. Probationary 5. (1) The provisions of sub-regulations (1) to (6) of regulation 25 of the Regulations shall apply mutatis mutandis to a scheduled officer who appointments holds a probationary appointment except that(a) the Permanent Secretary (Establishment Division) may confirm such an officer in his appointment; (b) a responsible officer may extend the period of such an officer's probationary service or terminate such an officer's probationary appointment. (2) An offence against discipline committed by a Division II or III officer who is serving on probation, or the conviction of such an officer on a ciminal charge, shall be dealt with in accordance with Part IV. 6. (1) A responsible officer may transfer or promote a scheduled officer Transfers and to any vacant post in Division II or III and shall inform the Permanent promotions Secretary (Establishment Division) of such transfer or promotion and of the effective date thereof:

Provided that in any such case the responsible officer shall take into account qualifications, experience and merit as well as seniority. (2) The Commission may give such orders as it may deem fit if it is of the opinion that the transfer or promotion authorised in accordance with sub-paragraph (1) of this direction would be(a) detrimental to the discipline of the service of which the officer is a member; (b) contrary to public interest.

PART IV DISCIPLINE
DIVISION II OR III OFFICERS 7. The provisions of regulations 32, 33 and 34 of the Regulations shall apply to the suspension of a Division II or III officer or disciplinary proceedings pending determination of criminal proceedings including withholding of salary following criminal conviction. Suspension of officer or disciplinary proceedings pending determination of criminal proceedings Proceedings after acquittal on criminal charges Procedure when criminal

8. The provisions of regulation 36 of the Regulations shall apply to proceedings taken against a Division II or III officer who has been acquitted of a crminal charge.

9. If it comes to the notice of a responsible officer that a criminal offence likely to warrant disciplinary proceedings may have been

committed by a Division II or III officer, the responsible officer shall consult the Director of Public Prosecutions as to whether criminal proceedings are being instituted against the officer. If criminal proceedings are not being instituted, the responsible officer shall consider whether disciplinary action should be taken under the provisions of this Part. If the responsible officer considers that disciplinary action should be taken against the officer, the procedure in direction 10 shall be followed.

offence may have been committed

Disciplinary 10. (1) When a responsible officer considers it necessary to institute disciplinary proceedings against a Division II or III officer and is of the procedure opinion that the misconduct alledged, if proved, would be sufficienly serious to warrant a more serious punishment than a reprimand or the withholding of the officer's increment, he shall inform the officer in writing of the allegations against him and shall call upon him to state, in writing, within a period to be appointed by the responsible officer, any grounds on which he relies to exculpate himself. (2) Upon consideration of the accused officer's exculpatory statement, and after such further investigation as he may consider necessary, the responsible officer may, subject to the provisions of paragraph (1) (b) of direction 15, forthwith determine the punishment, if any, which should be imposed on such accused officer. (3) If, upon consideration of the accused officer's exculpatory statement, the responsible officer is of the opinion that a punishment more severe than is within his powers to impose is warranted, he shall forward to the Permanent Secretary (Establishment Division) his report, a copy of the letter to the accused officer informing him of the allegations against him, the reply, if any, of the accused officer, and his own comments thereon. (4) If, upon consideration of the report of the responsible officer, including the grounds, if any, upon which the accused officer relies to exculpate himself, the Permanent Secretary (Establishment Division) is of the opinion that no further investigation is necessary, he may forthwith determine the punishment, if any, to be imposed on the accused officer. (5) If, upon consideration of the report of the responsible officer, including the grounds, if any, upon which the accused officer relies to

excuplate himself, the Permanent Secretary (Establishment Division) is of the opinion that the matter should be further investigated, he may determine the form of such further investigation and, on the conclusion to his satisfaction of such further investigation, he may determine the punishment, if any, to be imposed on the accused officer. 11. (1) If a Division II or III officer is adjudged guilty in any court of a Procedure on criminal charge likely to warrant disciplinary proceedings against him, criminal the responsible officer may impose any punishment (within his powers conviction to impose) after consideration of the charge and of the judgment (and of the record of the court if available) without the procedure prescribed in direction 10 being followed. (2) If, upon consideration of the charge and of the judgment, the responsible officer is of the opinion that a punishment more severe than is within his powers to impose is warranted, he shall forward a copy of the charge and of the judgment (and of the record of the court if available) to the Permanent Secretary (Establishment Division) who may determine the punishment, if any, to be imposed on the accused officer without the procedure prescribed in direction 10 being followed. 12. Where proceedings have been taken against a Division II or III Decision in officer under the provisions of this Part, such officer shall be informed- disciplinary proceedings to (a) of the decision, but not of the reasons therefor, on each of the be allegations made against him; and communicated (b) of the penalty (if any) or other punishment to be imposed; and to officer (c) if the officer is to be dismissed or discharged or reduced in rank concerned or seniority, of his right to appeal to the Commission against the imposition of that punishment within twenty-one days of the notification to him of the punishment imposed. 13. (1) Every appeal under the provisions of paragraph (c) of direction Appeals 12 shall be submitted by the appellant to the responsible officer who shall forward it with his own comments thereon as soon as practicable to the Permanent Secretary (Establishment Division), who shall in turn refer the matter to the Secretary for a decision by the Commission. (2) A responsible officer or Head of Department or supervising officer who, without reasonable cause neglects or fails to submit an appeal in accordance with sub-paragraph (1) shall be guilty of misconduct

warranting a severe punishment (including dismissal). 14. (Revoked by S.I. No. 70 of 1984)

15. (1) The power to impose punishment is vested in the public officers Who may named and to the extent herein specifiedimpose punishment (a) the Permanent Secretary (Establishment Division) may impose any such punishment on any scheduled officer: Provided that the Permanent Secretary (Establishment Division) shall consult the Secretary to the Cabinet before exercising the powers to dismiss or discharge an officer who holds a pensionable appointment in Division II or III in the public service; (b) the responsible officer may impose any such punishment on any Division II or III officer other than dismissal or discharge of an officer who has been confirmed in his appointment; (c) the Head of Department may, subject to review and confirmation by the appropriate responsible officer, impose any punishment on any Division II or III officer other than dismissal or discharge or reduction in rank or seniority; (d) the supervising officer may impose a reprimand on any Division III officer. (2) The responsible officer shall report to the Permanent Secretary (Establishment Division) the imposition of any punishment on a Division II or III officer under the provisions of sub-paragraphs (b), (c) and (d) of paragraph (1).

PART V PUBLIC OFFICERS IN DIVISION

II OR III
16. (1) The provisions of this Part shall apply only in respect of public Application officers holding a post in Division II or III of the public service. (2) Except as provided in this Part, the Regulations shall continue to apply to and in respect of a public officer holding a post in Division II or III of the public service. (As amended by S.I. No. 70 of 1984) 17. In this Part, unless the context otherwise requires"Head of Department" shall have the meaning assigned thereto by regulation 2 of the Regulations; "specified officer" means a public officer holding a specified post; "specified post" means a post in Division II or III of the public service. (As amended by S.I. No. 70 of 1984) 18. (1) A responsible officer or Head of Department may make a temporary appointment for a period not exceeding six months to a specified post which is vacant. (2) If the responsible officer intends that an officer appointed under sub-paragraph (1) should be appointed on probation, he shall forward particulars of the officer to the Permanent Secretary (Establishment Division) who may(a) in the case of an officer in Division II, submit the particulars with his comments to the Commission for consideration. (b) in the case of an officer in Division III, determine whether or not such officer should be appointed on probation. (3) Notwithstanding the provisions of sub-paragraphs (1) and (2), the Commission may make appointment to any specified post reported Temporary appointments Interpretation

vacant in accordance with regulation 21 of the Regulations. (As amended by S.I. No. 70 of 1984) 19. Where recommendations under regulation 25 of the Regulations are received by the Permanent Secretary (Establishment Division), he may, in the case of a probationary appointment in Division III, without reference to the Commission(a) confirm the appointment of the officer on permanent and pensionable terms; (b) (c) extend the probationary period by not more than six months; or terminate the probationary appointment; Probationary appointment of Division III officers

and shall inform the Commission of his decision in each such case. (As amended by S.I. No. 70 of 1984) 20. (1) A responsible officer may, after taking into consideration Promotions and relevant factors such as qualifications, experience, merit, seniority, etc., transfers promote a specified officer to any specified post, and shall inform the Commission, through the Permanent Secretary (Establishment Division), of such promotion and of the effective date thereof. (2) A responsible officer may, after taking into consideration the circumstances of the case, transfer a specified officer, and shall inform the Commission, through the Permanent Secretary (Establishment Division), of such transfer and of the effective date thereof: Provided that in considering any transfer the exigencies of the service shall prevail over any considerations relating to the individual interests of the officer. (3) The Commission may, on its own or upon representation made to it, give such directions as it thinks fit if it is satisfied that a promotion under sub-paragraph (1) or a transfer under sub-paragraph (2) is or is likely to be(a) (b) detrimental to the discipline in the service; or contrary to public interest.

(As amended by S.I. No. 70 of 1984)

THE POLICE AND PRISON SERVICE COMMISSION Statutory (DELEGATION) DIRECTIONS Instrument 79 of 1988 Directions made with the consent of the President

PART I PRELIMINARY
1. These Directions, may be cited as the Police and Prison Service Commission (Delegation) Directions. 2. In these Directions, unless the context otherwise requires"Commission", "Force", "Inspector-General", "Officer", "Responsible Officer", "Secretary", shall have the meaning assigned thereto by regulation 2 of the Regulations; "the Regulations" means the Police and Prison Service Commission Regulations. Title

Interpretation S.I. No. 65 of 1976

PART II GENERAL
3. The exercise of functions of the Commission under the Constitution Delegation is hereby delegated in the manner specified in these Directions

PART III APPOINTMENTS AND

PROMOTIONS
4. (1) The Inspector-General of Police or the Commissioner of Prisons, Appointments as the case may be, shall appoint any person on probation to any post of, and below the rank of Chief Inspector in case of the Inspector-General, an Assistant Superintendent in case of the Commissioner of Prisons, and shall inform the responsible officer and secretary accordingly. (2) The Inspector-General of police or the Commissioner of Prisons, as the case may be, may make a temporary appointment for a period not exceeding six months to a post which is vacant at the levels of, and below, the rank of Chief Inspector in case of the Inspector-General, and Assistant Superintendent in case of the Commissioner of Prisons, and shall inform the responsible officer and the secretary accordingly. 5. (1) A responsible officer, the Inspector-General or the Commissioner of Prisons, as the case may be, may transfer or promote any serving officer to any post of and below, the rank of Chief Inspector in case of the Inspector-General, and Assistant Superintendent in case of the Commissioner of Prisons: Provided that in any case of appointment and promotion the responsible officer, Inspector-General or Commissioner of Prisons, as the case may be, shall take into account relevant qualifications, competence, experience and merit as well as good conduct. (2) A responsible officer, the Inspector-General or the Commissioner of Prisons, as the case may be, may transfer, in cases of emergency or extreme urgency, any officer of and below the rank of Deputy Commissioner in case of the Inspector General and Assistant Commissioner of Prisons in case of the Commissioner of Prisons, provided that he immediately informs the secretary of the urgent nature of each such transfer. THE PUBLIC SERVICE COMMISSION REGULATIONS [ARRANGEMENT OF REGULATIONS]

PART I

PRELIMINARY
Regulation 1. 2. 3. Title Interpretation Application

PART II GENERAL
4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. Secretary and staff Presiding at meetings Record of meetings Decisions by circulation of papers Dissent Quorum Privilege for reports, etc. Privilege of members Disclosures Matters to be considered by Commission Consultation and selection boards Obligation to conform with Regulations Obligation to hear responsible officer Irregular representation Oaths on appointment

PART III APPOINTMENTS (INCLUDING PROMOTIONS AND TRANSFERS), CONFIRMATION

OF APPOINTMENTS, PASSING OF PROMOTION BARS AND TERMINATION OF APPOINTMENTS OTHERWISE THAN BY DISCIPLINARY PROCEEDINGS
19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. Advertisements Procedure and forms Vacancies Vacancies to be filled after examination or course of study Recruitment outside Zambia Appointments Probationary appointments Retirement on attaining pensionable age Acting appointments Promotion bars Further reports

30. Renewal of agreements and admission to permanent and pensionable establishment

PART IV DISCIPLINE
31. 32. Procedure when criminal offence may have been committed Suspension of public officer

33. Suspension of disciplinary proceedings pending final determination of criminal proceedings 34. Procedure following criminal conviction or absence from duty without leave or detention 35. Procedure after conviction of officers whose basic salary is not less than GS 7

36. 37. 38. 39.

Proceedings after acquittal on criminal charge Institution and form of disciplinary proceedings Formal disciplinary proceedings Summary disciplinary proceedings

39A. Procedure after conviction of officers whose basic salary is less than GS 7 40. Punishments which may be imposed by Commission, responsible officer or disciplinary authority 41. Reports and records of disciplinary proceedings determined by disciplinary authority or responsible officer 42. Appeals against punishment imposed by disciplinary authority or responsible officer 43. Retirement in Public interest. 43A. Retirement on abolition of office to effect greater efficiency in the economy. 43B. 43C. 44. 45. Retirement on medical grounds. Retirement in national interest. Application of Part IV to officers serving on contract Service of documents

PART V MISCELLANEOUS
46. 47. 48. Production of relevant documents, etc. Correspondence Cases not otherwise provided for

FIRST SCHEDULE-Responsible officers in certain cases SECOND SCHEDULE-Oath of member of Commission THIRD SCHEDULE-Oath of secretary and staff of Commission

THE

PUBLIC

SERVICE

COMMISSION Statutory

REGULATIONS

Instruments 319 of 1965 Regulations made by the Public Service 256 of 1966 Commission, with the consent of the President, 200 of 1968 and continued in force by virtue of Section 15 of 307 of 1968 394 of 1969 the Interpretation and General Provisions Act. 227 of 1970 70 of 1971 250 of 1973 4 of 1981 70 of 1984 86 of 1984 91 of 1987 Cap. 2

PART I PRELIMINARY
1. These Regulations may be cited as the Public Service Commission Regulations. 2. In these Regulations, unless the context otherwise requires"basic salary" means the salary payable to an officer exclusive of any inducement allowance, personal allowance or other allowance or any direct payments made under assistance schemes; "Chairman" means the Chairman of the Commission or any other person Cap. 259 appointed to act as Chairman of the Commission under the provisions of the Service Commissions Act. "Commission" means the Public Service Commission established by the Constitution and the Service Commissions Act; "disciplinary authority" means, in relation to a public officer, the responsible officer or Head of Department or the supervising officer. "District Executive Secretary" shall have the meaning ascribed thereto in section two of the Local Government Act; Cap. 281 Title

Interpretation

"Head of Department" means the public officer in charge of a Department of a Ministry or other Department of Government; "member" means any member of the Commission, and includes the Chairman and any person appointed to act as a member under the provisions of the Service Commissions Act; "responsible officer", in relation to a public officer, means one of the following, as appropriate: (a) the Permanent Secretary of the Ministry in or under which he is serving; (b) in the case of an officer serving under a Permanent Secretary for the Province, that Permanent Secretary for the Province; (c) in the case of an officer serving in a District Council(i) if he is the District Executive Secretary, the Permanent Secretary of the Province in which he is serving; (ii) in any other case, the District Executive Secretary under whom he is serving; (c) in the case of an officer serving in or under a Ministry or Department set out in the first column of the First Schedule, the person holding the office set out opposite thereto in the second column thereof; or (d) in the case of an officer to whom none of the preceding paragraphs applies, the Permanent Secretary (Establishment); "salary" means basic salary; "secretary" means the secretary to the Commission; "supervising officer" means a public officer who is nominated by the Commission to be a supervising officer for the purposes of these Regulations. (As amended by No. 200 of 1968, No. 394 of 1969, Cap. 259

No. 227 of 1970, and No. 250 of 1973 and S.I. no 86 of 1982). 3. These Regulations shall not apply in relation to any of the following Application offices: (a) (b) the office of any Judge of the Supreme Court or High Court. the office of the Attorney-General;

(c) except for the purpose of making appointments thereto or to Act therein the office of the Director of Public Prosecutions or Auditor-General; (d) (e) (i) (ii) any judicial offices; the office ofPermanent Secretary; Inspector-General of Police;

(f) any office in the Zambia Police Force below the rank of Assistant Superintendent; (g) any office in the Zambia Prison Service below the rank of Superintendent of Prisons; (h) any office in the public service in respect of which the powers of the Commission have been delegated by directions in writing to any public officer. (As amended by No. 200 of 1968 and No. 394 of 1969)

PART II GENERAL
4. The Commission shall appoint a secretary to the Commission, who Secretary and shall not be a member of the Commission, and such other staff as it may staff from time to time consider necessary. 5. Every meeting of the Commission shall be presided over by the Chairman. Presiding at meetings

6. A record shall be kept of the members present and of the business transacted at every meeting of the Commission.

Record of meetings

7. Decisions may be made by the Commission without a meeting by Decisions by circulation of the relevant papers among the members and the circulation of expression of their views in writing, but any member shall be entitled to papers require that any such decision shall be deferred until the subject-matter be considered at a meeting of the Commission. 8. Any member shall be entitled to dissent from a decision of the Commission and to have his dissent and his reasons therefor set out in the records of the Commission. 9. The Chairman and two members will constitute a quorum for a meeting of the Commission and a like number of members will be required for a decision of the Commission arrived at by the circulation of written papers. Dissent

Quorum

10. Any report, statement or other communication or record of any Privilege for reports, etc. meeting, inquiry or proceedings which the Commission may make in exercise of its functions or any member may make in performance of his duties, and any application form, report or other communication despatched to the Commission in connection with the exercise of its functions, and in the possession of the Commission, shall be privileged in that its production may not be compelled in any legal proceedings unless the Chairman certifies that such production is not against the public interest. 11. Every member of the Commission shall have such protection and Privilege of privilege, in case of any action or suit brought against him for any act members done or attempted to be done in the bona fide execution of his duties, as is by law given to the acts done or words spoken by a Judge in the exercise of his judicial office. 12. No member of the Commission, nor the secretary nor any member Disclosures of the staff of the Commission nor any other person, shall publish or disclose to any person otherwise than in the exercise of his official functions the contents of any document, communication or information whatsoever which has come to his notice in the course of his duties.

13. In exercising its powers in connection with the appointment, promotion or transfer of officers in the public service, the Commission shall have regard to the maintenance of the high standard of efficiency necessary in the public service and shall(a) give due consideration to qualified officers serving in the public service and to residents of Zambia; (b) in the case of officers in the public service, take into account the relevant qualifications, competence, merit, experience as well as good conduct; and (c) where a post cannot be filled either-

Matters to be considered by Commission

(i) by the appointment or promotion of a suitable person already in the public service; or (ii) by the appointment of a suitable person who has successfully completed a course of study or training acceptable to the Commission; call for applications for the post by advertisement: Provided that(i) for special reasons and within its discretion it may decide not to do so; (ii) within its discretion it may restrict the application of such advertisement to persons who are already in the public service; and (iii) where it is satisfied that no suitable candidates with the requisite qualifications are available in Zambia, it may decide that the post be filled by recruitment outside Zambia. 14. In exercising its powers in connection with the appointment, Consultaton and promotion or transfer of an officer in the public service, the Commission selection boards may(a) consult with any other person or persons; and (b) seek the advice of a selection board constituted by the Chairman who may appoint to it members of the Commission and other persons who are not members of the Commission.

15. The Commission shall not exercise its powers in connection with the dismissal, the disciplinary punishment or the termination of appointment otherwise than by way of dismissal, of any officer in the public service except in accordance with the provisions of these Regulations.

Obligation to conform with Regulations

16. The Commission, at the request of a responsible officer, shall hear Obligation to the responsible officer personally in connection with any hear responsible recommendation made by him to the Commission. officer 17. In carrying out its duties under the provisions of the Order and these Regulations, the Commission shall not take into account any representations made to it otherwise than in accordance with the Order or with these Regulations: Provided that nothing in this regulation shall be deemed to prohibit the Commission taking into account a bona fide reference or testimonial of service. 18. (1) Every member shall, on appointment, take an oath in the form set out in the Second Schedule. (2) The secretary and such other member or members of the staff of the Commission as the Chairman may require so to do, shall, on appointment, take an oath in the form set out in the Third Schedule. (3) Where any person is required to take an oath under the provisions of this regulation and(a) (b) he has no religious belief; or the taking of an oath is contrary to his religious belief; Oaths on appointment Irregular representation

he may make and subscribe a solemn affirmation in the form of the oath appointed, substituting the words "solemnly and sincerely declare and affirm" for the word "swear" and omitting the words "so help me God". (4) Every oath or affirmation taken by a member shall be administered

by a Judge and every oath or affirmation taken by the secretary or any other member of the staff of the Commission shall be administered by a Commissioner for Oaths.

PART III APPOINTMENTS (INCLUDING PROMOTIONS AND TRANSFERS), CONFIRMATION OF APPOINTMENTS, PASSING OF PROMOTION BARS AND TERMINATION OF APPOINTMENTS OTHERWISE THAN BY DISCIPLINARY PROCEEDINGS
19. The Commission shall determine the form of advertisements Advertisements issued in accordance with the provisions of paragraph (c) of regulation 13. The qualifications specified in such advertisements shall be those approved by the Permanent Secretary (Establishment Division), after consultation with the Commission, for the vacancy under consideration. 20. The Commission shall determine the procedure to be followed in dealing with applications for appointment to the public service, including the proceedings of any selection board appointed by the Chairman to interview candidates and shall determine the forms to be used in connection with the discharge of its functions. Procedure and forms

21. (1) When a vacancy occurs, or it is known that a vacancy will occur Vacancies in any public office in any Ministry, the responsible officer will report the fact to the Permanent Secretary (Establishment Division) and(a) if the responsible officer recommends that the vacancy should be

filled by the appointment or promotion of an officer serving in that Ministry he will so inform the Permanent Secretary (Establishment Division); (b) if the responsible officer is unable to recommend the promotion of a serving officer to fill a vacancy he will inform the Permanent Secretary (Establishment Division) of the names of the officers serving in the particular grade or cadre from which the promotion would normally be made, and state his reasons why he does not consider the officers named suitable for promotion to the vacant post; (c) if the responsible officer recommends that applications to fill the vacancy should be invited from serving officers or from both serving officers and the general public he will attach to his report a draft advertisement setting out details of the vacant post and the duties and qualifications attached to it; (d) if the responsible officer is unable to recommend that the vacancy should be filled immediately he will so inform the Permanent Secretary (Establishment Division) and state his reasons therefor. (2) The Permanent Secretary (Establishment Division) will verify the details of the vacancy and will forward the responsible officer's recommendations, with his own comments thereon, to the Secretary. 22. Vacancies to be (a) according to the results of examinations which are conducted by filled after examination or or supervised by the Commission; or course of study (b) on the successful completion of a course of study or training designed to qualify a candidate for appointment to the public service; the Commission may make such arrangements in respect of the filling of such vacancies as it considers appropriate. 23. If a responsible officer is informed that the Commission has Recruitment decided that a particular vacancy should be filled by recruitment from outside Zambia outside Zambia, he shall prepare an indent on the appropriate form and submit it to the Permanent Secretary (Establishment Division) who will be responsible for verifying the particulars contained therein. 24. No appointment to the public service may be made before the Appointments Where a vacancy is to be filled-

Commission has determined the suitability of the candidate concerned. The Permanent Secretary (Establishment Division) will inform responsible officers of appointments authorised in their Ministries by the Commission and of the initial rate of salary approved by him. 25. (1) Where a public officer holds a probationary appointment, three Probationary months before the expiration of the period of such probationary appointments appointment the responsible officer shall consider(a) whether such officer should, on such expiration, be confirmed in a pensionable post; (b) whether a further period of probationary service is necessary to determine whether such officer should be so confirmed; or (c) whether such officer should not remain in the public service.

(2) If, after consideration of the matters referred to in sub-regulation (1), the responsible officer is of the opinion that a public officer in a probationary appointment should be confirmed in a pensionable appointment and if that public officer has passed such examinations as may be required as a condition for confirmation in his appointment, the responsible officer, as soon as may be before the expiration of the period of probationary appointment, shall forward a recommendation that the officer be confirmed to the Permanent Secretary (Establishment Division) who will refer it, with his comments, to the Secretary. (3) If, after consideration of the matters referred to in sub-regulation (1), the responsible officer is of the opinion that the work and conduct of a public officer in a probationary appointment have been of a standard to justify confirmation in a pensionable office, but the officer has not completed the examinations required for his appointment, the responsible officer, as soon as may be before the expiration of that public officer's probationary appointment, shall forward a report together with his recommendations as to the period of further probationary service which the officer should be granted in order to pass the required examination to the Permanent Secretary (Establishment Division) who will refer it, with his comments, to the Secretary. (4) If, after consideration of the matters referred to in sub-regulation (1), the responsible officer is of the opinion that the work or conduct of a

public officer in a probationary appointment has not been in all respects satisfactory, he shall so inform the officer in writing and indicate whether he proposes to recommend(a) an extension of the officer's probationary service to show whether he can overcome the defects noted; or (b) that the officer's probationary appointment should be terminated.

(5) The responsible officer shall, when giving to a public officer the information mentioned in sub-regulation (4), ask the officer whether he wishes to make, within a period to be appointed by the responsible officer any representations on the recommendations proposed. On the expiration of the period allowed to the officer to make any representations, the responsible officer shall forward a report on the officer, together with a copy of the letter to the officer and of the latter's representations, if any, his comments thereon and a recommendation either that the period of probationary service should be extended or that the officer should not remain in the public service, to the Permanent Secretary (Establishment Division), who will refer them, with his comments, to the Secretary. (6) Where a public officer holds a probationary appointment and the responsible officer at any time during the period of such probationary appointment is of the opinion that such appointment should be terminated forthwith on the grounds of general unsuitability which renders the officer unlikely to justify confirmation in a pensionable office, the procedure prescribed in sub-regulations (4) and (5) shall be followed. (7) An offence or offences against discipline committed by an officer to whom this regulation applies, or the conviction of such an officer on a criminal charge, shall be dealt with in accordance with Part IV. 26. (1) The responsible officer shall, not later than six months before a public officer serving in his Ministry attains pensionable age as defined in the Civil Service (Local Conditions) Pensions Act, notify such officer and the Permanent Secretary (Establishment Division) of his impending date of retirement. Retirement on attaining pensionable age. Cap. 259.

(2) The Permanent Secretary (Establishment Division) will forward the responsible officer's notice to the Secretary. 27. (1) If a responsible officer recommends that a public officer should Acting act for a period of not less than thirty days in a post higher than that held appointments substantively, or for a period of less than thirty days where it is required by law or regulation that the functions of the higher post may be exercised only by a person authorised by notification in the Gazette to exercise those functions, and that higher post is prescribed by the Government as a post carrying acting allowance, he will so inform the Permanent Secretary (Establishment Division). (2) If any such recommendation involves the supersession of any more senior officers serving in the Ministry, detailed reasons for the supersession of each such officer will be forwarded with the recommendation. (3) The Permanent Secretary (Establishment Division) will forward the responsible officer's recommendation, with his comments, to the Secretary. (4) In considering recommendations for acting appointments, the Commission shall apply the standards prescribed in regulation 13 except that consideration may also be given to the exigencies of the Service. 28. (1) Not later than two months before a public officer serving in Promotion bars Division III or IV of the public service is due to pass a promotion bar, a Promotion Bar Certificate, in the approved form, will be forwarded by the responsible officer to the Permanent Secretary (Establishment Division). (2) If the responsible officer recommends in favour of the officer passing the promotion bar the Permanent Secretary (Establishment Division) will forward the certificate, with his comments, to the Secretary. (3) If the responsible officer is unable to recommend that the officer should be permitted to pass the promotion bar only because the officer has not passed the language, departmental or other examinations

required for his appointment, the Permanent Secretary (Establishment Division) will forward the certificate, with his comments, to the Secretary. (4) If the responsible officer considers that the officer is not qualified to pass the promotion bar for reasons other than the officer's failure to have passed the language, departmental or other examinations required for his appointment, he shall, prior to forwarding the certificate to the Permanent Secretary (Establishment Division), so inform the officer, indicating the reasons therefor, and ask the officer if he has any representations to make within a period to be appointed by the responsible officer. On the expiration of the period allowed to the officer to make any representations, the responsible officer shall forward a copy of his letter to the officer and the latter's representations, if any, and his comments thereon, together with the Promotion Bar Certificate to the Permanent Secretary (Establishment Division) who will forward them, with his comments, to the Secretary. 29. If, upon consideration of a recommendation made by a responsible Further reports officer under the provisions of regulation 25 or 28 that an officer other than an officer serving in Division I or II of the public service should be confirmed in a pensionable post or permitted to pass a promotion bar, as the case may be, the Commission is of the opinion that it requires further information, it may refer the matter back to the responsible officer for a further report. 30. (1) Where a public officer is serving on agreement for a specified period of service and the responsible officer of the Ministry in which the officer is employed desires to retain his services for a further tour of service, then, not later than thirty-three months after the officer's first day of resident service or three months before the officer's last day of duty, whichever is the earlier, the responsible officer will invite the officer in writing either, if the officer be so eligible, to apply for admission to the permanent and pensionable establishment or, if the officer is ineligible for admission to the permanent and pensionable establishment, to apply to be engaged for a further period of service. If the officer states either that he does not wish to be admitted to the permanent and pensionable establishment or to be engaged for a further period of service, no further action will be necessary. If the officer duly applies either to be admitted to the permanent and pensionable establishment or to be engaged for a further period of service, the responsible officer will forward to the Permanent Secretary (Establishment Division) the officer's application together with his Renewal of agreements and admission to permanent and pensionable establishment

recommendation and stating also whether the officer has passed his obligatory examinations, if any, the details of which must be given. The Permanent Secretary (Establishment Division) will forward the officer's application and the responsible officer's recommendations with his comments, to the Secretary. (2) Where a public officer is serving on agreement for a specified period of service and the responsible officer of the Ministry in which the officer is employed does not wish to retain his services for a further period of service, then the responsible officer will so inform the officer in writing not later than five months before the officer's last day of duty and ask the officer if he has any representations to make within a period to be appointed by the responsible officer. If the officer does not wish to make any representations or states that he does not wish to be engaged for a further period of service, no further action will be necessary. If the officer does make representations, the responsible officer will forward a full statement of reasons for recommending that the officer should not be engaged for further service, together with a copy of his letter to the officer and the latter's representations and his comments thereon, to the Permanent Secretary (Establishment Division) who will forward them, with his comments, to the Secretary.

PART IV DISCIPLINE
(No. 200 of 1968) 31. (1) Whenever it comes to the notice of a disciplinary authority that a criminal offence likely to warrant disciplinary proceedings may have been committed by a public officer, it shall be the duty of the disciplinary authority to inform the responsible officer forthwith. Procedure when criminal offence may have been committed

(2) Whenever it comes to the notice of a responsible officer that a criminal offence likely to warrant disciplinary proceedings may have been committed by a public officer, or whenever a responsible officer is so informed under sub-regulation (1), it shall be the duty of the responsible officer to consult the Director of Public Prosecutions as to

whether criminal proceedings are being instituted against such public officer. (3) Where, after consultation with the Director of Public Prosecutions, the responsible officer is informed that criminal proceedings are not being instituted as aforesaid, it shall be the duty of the responsible officer to decide whether disciplinary proceedings are to be instituted against the public officer and to give directions accordingly. (4) Whenever criminal proceedings are instituted against a public officer, it shall be the duty of the responsible officer to submit a report forthwith to the Permanent Secretary (Establishment) setting out the facts of the case, together with a statement as to whether such public officer has been suspended under regulation 32. (As amended by No. 250 of 1973) 32. (1) A responsible officer shall suspend a public officer from the exercise of the powers and functions of his office if he is satisfied that the public interest so requires and(a) or if criminal proceedings are instituted against such public officer; Suspension of public officer

(b) if disciplinary proceedings for his dismissal are instituted or are about to be instituted against such public officer. (2) Whenever the responsible officer suspends a public officer under this regulation, he shall notify such public officer in writing of the reasons therefor and shall deliver a copy of such notice to the secretary. (3) A public officer who is suspended under sub-regulation (1) shall, during the period of his suspension, receive such proportion of his salary, not being less than half of his salary, as the responsible officer may direct. (4) Where criminal proceedings or disciplinary proceedings have been instituted against a public officer under suspension and such public officer-

(a) and

is not convicted as a result of such criminal proceedings, if any;

(b) is not subjected to any punishment under these Regulations as a result of such disciplinary proceedings; the whole amount of his salary withheld under sub-regulation (3) shall, upon the expiry of the period of his suspension, be paid to him. (5) Where criminal proceedings or disciplinary proceedings have been instituted against a public officer under suspension and such public officer(a) is or is not convicted as a result of such criminal proceedings, if any; and (b) is subjected to any punishment under these Regulations, other than dismissal, as a result of such disciplinary proceedings; he shall, upon the expiry of the period of his suspension, be paid such proportion of his salary withheld under sub-regulation (3) as the Commission may direct. (6) Subject to the provisions of sub-regulation (3), the suspension of a public officer shall have effect during such period, and in accordance with such conditions, as the Commission shall specify by notice in writing to such public officer: Provided that, where it appears expedient, the Commission may at any time during such period abridge or extend such period by further notice in writing to such public officer. (7) A public officer who is suspended under this regulation shall not leave Zambia without the permission of the responsible officer during the period of his suspension. (8) In this regulation"criminal proceedings" include investigations into malpractices and embezzlement of public funds: "salary" includes any personal allowance, inducement allowance and

direct payments made under assistance schemes. (As amended by No. 250 of 1973) 33. Where criminal proceedings are instituted against a public officer, no disciplinary proceedings shall be instituted against such public officer upon any ground which is the subject of such criminal proceedings, or, if such disciplinary proceedings have been instituted, they shall be suspended, until the conclusion of such criminal proceedings and the determination of any appeal therefrom. Suspension of disciplinary proceedings pending final determination of criminal proceedings Procedure following criminal conviction or absence from duty without leave or detention

34. (1) Where, as a result of criminal proceedings, a public officer is convicted of an offence likely to warrant disciplinary proceedings for his dismissal, the responsible officer shall direct that the salary of such public officer be withheld as from the date of his conviction pending the determination of such disciplinary proceedings.

(2) Where disciplinary proceedings instituted against a public officer convicted of a criminal offence do not result in his dismissal, he shall be paid such proportion of his salary withheld under sub-regulation (1) as the Commission may direct. (3) Where a public officer absents himself from duty without leave for Cap. 106 more than ten days or where he is detained under the Preservation of Public Security Regulations, he shall be suspended from duty forthwith by the responsible officer who shall direct that the salary of such public officer be withheld as from the date of his suspension from duty pending the determination of disciplinary proceedings. (4) Subject to the provisions of this regulation, the suspension of a public officer shall have effect during such period, and in accordance with such conditions, as the Commission shall specify by notice in writing to such public officer: Provided that, where it appears expedient, the Commission may at any time during such period abridge or extend such period by further notice in writing to such public officer.

(As amended by S.I. No. 250 of 1973) 35. (1) This regulation applies to a public officer whose basic salary is Procedure after not less than the basic salary payable in respect of a public officer conviction of graded as GS 7. officers whose basic salary is not less than GS 7 (2) Where a public officer to whom this regulation applies is, as a result of criminal proceedings, convicted of an offence likely to warrant disciplinary proceedings, such disciplinary proceedings shall, subject to the provisions of regulation 33, be instituted and determined in accordance with this regulation. (3) Upon the conviction, as aforesaid, of a public officer to whom this regulation applies, it shall be the duty of the responsible officer to obtain(a) a true copy of the charge; and

(b) a true copy of the judgment of the court by whom such public officer was convicted; and (c) in the case of any appeal, a true copy of the judgment of any court by whom such appeal was determined; and (d) a true record of the proceedings of every such court, if available.

(4) The responsible officer shall institute disciplinary proceedings against a public officer under this regulation by delivering to such public officer a written statement setting out particulars of the charge or charges and of the grounds upon which such disciplinary proceedings are instituted, together with a notice requiring such public officer to submit to the responsible officer, within such period as the responsible officer shall specify, an exculpatory statement in writing of the grounds on which such public officer relies to exculpate himself. (5) The responsible officer shall submit the documents obtained under

sub-regulation (3) together with the statement of the charge or charges and the exculpatory statement, if any, referred to in sub-regulation (4), to the Permanent Secretary (Establishment) who shall peruse the same and submit them, together with his written comments, to the secretary. (6) Notwithstanding the provisions of regulations 37, 38 and 39, the Commission may consider any disciplinary proceedings instituted against a public officer under this regulation upon perusal of the documents referred to in sub-regulation (5), and may, in like manner, determine whether such public officer is to be dismissed or subjected to some other punishment on account of the offence of which he is convicted. (As amended by No. 250 of 1973) 36. A public officer acquitted of a criminal charge in any court shall not be dismissed or otherwise punished for any charges upon which he has been so acquitted, but nothing in this regulation shall prevent his being dismissed or otherwise punished on any other charges arising out of his conduct in the matter. 37. (1) Subject to the provisions of regulation 35, disciplinary proceedings against a public officer under these Regulations shall be instituted by the disciplinary authority: Proceedings after acquittal on criminal charge

Institution and form of disciplinary proceedings

Provided that the responsible officer may, in any case where he considers it necessary or desirable, assume and exercise the functions of the disciplinary authority in relation to such disciplinary proceedings and, without prejudice to the provisions of sub-regulation (3) of regulation 40, the provisions of these Regulations shall apply mutatis mutandis to such disciplinary proceedings as they apply to disciplinary proceedings instituted by a disciplinary authority. (2) Subject to the provisions of regulation 35, disciplinary proceedings instituted against(a) (i) a public officer whois in receipt of a basic salary exceeding K5,199 per annum; or

(ii) has misconducted himself in such manner as would, in the opinion of the disciplinary authority, warrant his dismissal or discharge

or reduction in rank or reduction in salary; shall be formal disciplinary proceedings; (b) any other public officer who has misconducted himself in such manner as would, in the opinion of the disciplinary authority, warrant punishment other than a punishment referred to in sub-paragraph (ii) of paragraph (a), shall be summary disciplinary proceedings. (3) In this regulation"formal disciplinary proceedings" means disciplinary proceedings under regulation 38; "summary disciplinary proceedings" means disciplinary proceedings under regulation 39. (As amended by No. 250 of 1973) 38. (1) Any disciplinary proceedings instituted against a public officer Formal disciplinary referred to in paragraph (a) of regulation 37 (2) shall be instituted and proceedings determined in accordance with this regulation. (2) Whenever a disciplinary authority institutes disciplinary proceedings against a public officer (hereinafter called "the accused officer") under this regulation, he shall do so, after such consultation with the Director of Public Prosecutions as he considers necessary, by delivering to the accused officer a written statement setting out particulars of the charge or charges and of the grounds upon which such disciplinary proceedings are instituted, together with a notice requiring the accused officer to submit to the disciplinary authority, within such period as the disciplinary authority shall specify, an exculpatory statement in writing of the grounds on which the accused officer relies to exculpate himself. (3) Upon the expiry of the period specified in the notice delivered to the accused officer under sub-regulation (2), the disciplinary authority shall consider the exculpatory statement, if any, of the accused officer and may(a) exculpate the accused officer and inform him accordingly in writing; or

(b) subject to the provisions of regulation 40, impose such punishment on the accused officer as is proper, having regard to all the circumstances of the case; or (c) submit the case, together with a statement of the charge or charges, the exculpatory statement, if any, of the accused officer and the written comments of the disciplinary authority, to the responsible officer. (4) The responsible officer shall consider any case submitted to him under paragraph (c) of sub-regulation (3), and the documents therein referred to, and may(a) exculpate the accused officer and direct the disciplinary authority to inform the accused officer accordingly; or (b) subject to the provisions of regulation 40, impose such punishment on the accused officer as is proper, having regard to all the circumstances of the case; or (c) submit the case, together with the documents referred to in paragraph (c) of sub-regulation (3) and a written report thereon, to the Permanent Secretary (Establishment). (5) The Permanent Secretary (Establishment) shall submit the documents submitted to him under sub-regulation (4), together with his written comments, to the secretary for consideration and determination by the Commission. (6) Where it appears to the Commission, upon consideration of the report of the responsible officer and the exculpatory statement, if any, of the accused officer and all other documents submitted for its consideration under sub-regulation (5), that further investigation of the case is necessary, the Commission shall, subject to the provisions of sub-regulation (7), appoint a committee to carry out such further investigation as the Commission may direct. (7) A committee appointed under sub-regulation (6) (hereinafter referred to as "the committee") shall consist of not less than three members who shall be public officers and-

(a)

one member shall be a public officer having legal qualifications;

(b) the other members shall be appointed with due regard to the office of the accused officer. (8) The committee shall, as soon as may be practicable and before it takes any further step in carrying out an investigation under this regulation, give notice in writing to the accused officer stating that, on a date, and at a place and time, specified in such notice, it intends to investigate such matters as shall be specified in such notice, and that the accused officer is required or, as the case may be, permitted to appear before the committee during such investigation. (9) Whenever any person other than the accused officer is questioned by the committee in the course of an investigation under this regulation, the accused officer shall be given an opportunity of being present and of putting questions on his own behalf to such person, and any document used by the committee in the course of its investigation shall be made available for scrutiny by the accused officer at his request. (10) If the accused officer so requests and it appears to the committee necessary or desirable, the committee may permit the accused officer to be represented by a legal practitioner or by a public officer nominated by the accused officer or nominated, with the consent of the accused officer, by the committee, and the provisions of sub-regulation (9) shall apply in relation to such legal practitioner or such public officer as they apply to the accused officer. (11) Where it appears to the committee, as a result of its investigation under this regulation, that there are grounds for instituting disciplinary proceedings other than those in respect of which the committee is appointed against the accused officer, the committee shall so inform the disciplinary authority in writing. (12) On completion of its investigation under this regulation, the committee shall prepare and submit to the Commission a written report setting out the matters investigated by the committee, and such report shall include-

(a) a statement whether, in the opinion of a majority of the members of the committee, the accused officer committed the charge or charges alleged against him and investigated by the committee, and a brief statement of the reason for that opinion; and (b) particulars of any matters which, in the opinion of a majority of the members of the committee, tend to aggravate or mitigate, as the case may be, the gravity of the case; and (c) a clear summary of the findings of the committee or, in the case of dissent among the members, of a majority of the members thereof, on the matters investigated by the committee: Provided that the committee shall not make any recommendation as to, or otherwise comment on, the form of punishment which may be imposed on the accused officer. (13) The Commission may, after consideration of a report submitted to it under sub-regulation (12), refer the report to the committee for clarification of any matter arising thereon or therein contained, or for further investigation and report under this regulation as the Commission may direct, and the committee shall comply with any such direction as soon as may be practicable. (14) The Commission shall consider all matters submitted to it for its consideration and determination under this regulation, including any report submitted under sub-regulation (12) or (13), and shall determine, subject to the provisions of regulation 40, whether any punishment is to be imposed on the accused officer, and it shall give directions accordingly. (15) It shall be the duty of the disciplinary authority to give notice in writing to the accused office of any punishment imposed on him under this regulation, and such notice shall, except in the case of a severe reprimand or a reprimand or any punishment imposed by the Commission, inform the accused officer of his right to appeal under regulation 42. 39. (1) Any disciplinary proceedings instituted against a public officer Summary referred to in paragraph (b) of regulation 37 (2) shall be instituted and disciplinary

determined in accordance with this regulation. (2) Whenever a disciplinary authority institutes disciplinary proceedings against a public officer (hereinafter called "the accused officer") under this regulation, he shall do so, after such investigation as he considers necessary, by delivering or causing to be delivered to the accused officer a written statement setting out particulars of the charge or charges and of the grounds upon which such disciplinary proceedings are instituted, together with a notice requiring the accused officer to submit to the disciplinary authority, within such period as the disciplinary authority shall specify, an exculpatory statement in writing of the grounds on which the accused person relies to exculpate himself. (3) Upon the expiry of the period specified in the notice delivered to the accused officer under sub-regulation (2), the disciplinary authority shall consider the exculpatory statement, if any, of the accused officer and shall(a) subject to the provisions of regulation 40, impose such punishment on the accused officer as is proper, having regard to all the circumstances of the case; or (b) exculpate the accused officer and inform him accordingly in writing. (4) Notwithstanding the foregoing provisions of this regulation, where it appears to the disciplinary authority, after such investigation as he considers necessary, that disciplinary proceedings instituted under this regulation would warrant a punishment not more severe than a reprimand, the disciplinary authority may institute such disciplinary proceedings by conveying a reprimand to the accused officer without a written statement of the charge or of the grounds upon which such disciplinary proceedings are instituted, and it shall be a sufficient compliance with this regulation if the disciplinary authority, by notice in writing given to the accused officer, thereafter confirms such reprimand and specifies the reasons therefor. (5) Except in the case of a reprimand imposed under subregulation (4), it shall be the duty of the disciplinary authority to give notice in writing to the accused officer of any punishment imposed on him under this regulation.

proceedings

(6) Except in the case of a severe reprimand or a reprimand, every notice given under sub-regulation (5) shall inform the accused officer of his right to appeal under regulation 42. 39A. If an officer, other than an officer to whom regulation 35 applies, is adjudged guilty in any court of a criminal charge likely to warrant disciplinary proceedings against him, the responsible officer shall forward a copy of the charge and of the judgment (and of the record of the court if available) to the Permanent Secretary (Establishment Division) who will refer them, with his comments, to the Secretary. The Commission shall determine whether the officer be dismissed or subjected to some lesser disciplinary punishment on account of the conviction for the offence of which he has been adjudged guilty, without any of the proceedings prescribed in regulation 37, 38 or 39 being instituted. (As amended by S.I. No. 250 of 1973) 40. (1) The Commission may impose any one or more of the following Punishments punishments under these Regulations: which may be imposed by Commission, responsible officer or disciplinary authority (a) (b) (c) (d) (e) (f) (g) dismissal or retirement in the public interest under regulation 43; discharge, by due notice or by payment of salary in lieu thereof; reduction in rank; reduction in salary; deferment of increment; stoppage of increment; withholding of increment; Procedure after conviction of officers whose basic salary is less than GS 7

(h) (i)

severe reprimand; reprimand.

(2) The Permanent Secretary (Establishment) may impose on any officer in Division II or III any one or more of the following punishments under these Regulations: (a) (b) (c) (d) (e) (f) (g) reduction in rank; reduction in salary; deferment of increment; stoppage of increment; withholding of increment; severe reprimand; reprimand;

and may reprimand an officer in Division I, except the officers referred to in regulation 3 of the Public Service Commission Regulations excluding the officers referred to in paragraph (h) thereof, and shall make a report to the Commission of all disciplinary proceedings determined by him under this subregulation. (3) A responsible officer may impose on an officer in Division II or III any one or more of the following punishments under these regulations: (a) (b) (c) (d) deferment of increment; stoppage of increment; withholding of increment; severe reprimand;

(e)

reprimand;

and may reprimand an officer in Division I. (4) A Head of Department may impose on an officer in Division II or III any of the following punishments under these regulations: (a) (b) severe reprimand; reprimand;

(5) A supervising officer may impose on an officer in Division III any of the following punishments under these regulations: (a) (b) severe reprimand; reprimand.

(As amended by S.I. No. 86 of 1984) 41. (1) A disciplinary authority shall make a report of all disciplinary Reports and proceedings instituted and determined by him, including disciplinary records of proceedings where no punishment is imposed, to the responsible officer. disciplinary proceedings determined by disciplinary authority or responsible officer (2) The responsible officer shall review all disciplinary proceedings reported to him under sub-regulation (1) and he may, if he considers that the punishment imposed was too severe or too lenient or that no punishment should have been imposed or that a punishment should have been imposed where no punishment was imposed, refer the matter to the disciplinary authority for further report, as the responsible officer may direct. (3) The responsible officer shall make a report to the Permanent

Secretary (Establishment Division) of every case where disciplinary proceedings are determined by him or by the disciplinary authority, and shall submit therewith any report made to him under the foregoing provisions of this regulation, together with a copy of the relevant charge or charges, a copy of the relevant exculpatory statement, if any, and a copy of any notice required to be given under regulation 38 or 39 of the result of such disciplinary proceedings. (4) The Permanent Secretary (Establishment Division) shall review all reports and other documents made or submitted to him under sub-regulation (3) and he may, if he considers that the punishment imposed was too severe or too lenient or that no punishment should have been imposed or that a punishment should have been imposed where no punishment was imposed, refer the matter to the responsible officer for further report, as the Permanent Secretary (Establishment Division) may direct. (5) The Permanent Secretary (Establishment Division) shall keep records of all matters submitted or required to be submitted to him under this regulation and shall submit the same to the Commission from time to time, as the Commission may direct. 42. (1) Except in the case of punishment imposed by the Commission, a public officer may appeal to the Commission against any punishment, other than a severe reprimand or a reprimand, imposed on him under these Regulations. Appeals against punishment imposed by disciplinary authority or responsible officer

(2) Every appeal made by a public officer under this regulation shall be in writing addressed to the disciplinary authority or, as the case may be, to the responsible officer by whom the punishment is imposed, and shall set out clearly the grounds of the appeal, and every such appeal shall be delivered to the disciplinary authority or to the responsible officer as aforesaid not later than twenty-one days from the date of the notice given to such public officer informing him of the punishment imposed. (3) Every appeal under this regulation shall(a) in the case of an appeal delivered to a disciplinary authority

under sub-regulation (2), be submitted by the disciplinary authority to the responsible officer; (b) (i) (ii) in the case of an appealdelivered to the responsible officer under sub-regulation (2); or submitted to the responsible officer under paragraph (a);

be submitted by the responsible officer to the Permanent Secretary (Establishment). (4) The Permanent Secretary (Establishmentl) shall submit every appeal under this regulation to the secretary for consideration and final determination by the Commission. (5) In considering any appeal under this regulation, the Commission may give such direction under sub-regulation (5) of regulation 41 as it may deem necessary for the purpose of determining the appeal. (6) Every determination of the Commission under this regulation shall have effect in accordance with the directions of the Commission, and notice in writing thereof shall be given by the responsible officer to the appellant. 43. (1) Notwithstanding the provisions of these Regulations, if a Retirement in responsible officer considers that a public officer should be retired at an Public Interest earlier date than the date specified in the pension laws relevant to his service on the ground of(a) (b) (c) failure to perform his duties; incompetent performance of his duties; any other disciplinary offence;

he shall inform such public officer and allow him an opportunity, within a period to be determined by the responsible officer, of showing cause why he should not be retired from the public service. (2) If, on the expiration of the period allowed to the officer to show

cause why he should not be retired from the public service, the responsible officer, after considering the statement of the officer, if any, and having regard to all the circumstances of the case is of the opinion that such public officer should be retired in the public interest and receive his retirement benefits, he shall forward his findings and the statement of the public officer to the Commission for a determination. (3) If, upon consideration of the report made by a responsible officer in pursuance of sub-regulation (2), the Commission is of the opinion that the facts disclosed warrant the dismissal of the officer or the imposition of some lesser penalty than dismissal, the Commission shall determine whether the officer be dismissed or subjected to some lesser disciplinary punishment or retired from the public service, without any of the proceedings prescribed in regulation 37, 38 or 39 being instituted. (As amended by S.I. No. 250 of 1973) 43A. The Commission may, on the recommendation of a responsible officer and the Permanent Secretary (Establishment), retire an officer in the public service on the abolition of his office to effect greater efficiency or economy in the Ministry or Province to which he belongs. (As amended by S.I. No. 91 of 1987) Retirement on abolition of office to effect greater efficiency or economy

43B. On the recommendation of a responsible officer and the Retirement on Permanent Secretary (Establishment Division), the Commission may medical retire an officer in the public service on sufficient medical evidence that grounds the officer is incapable by reason of some infirmity of body or mind of discharging the duties of his office and that such an infirmity is likely to be of long standing. (As amended by S.I. No. 91 of 1987) 43C. (1) The Commission may retire an officer in the public service in Retirement in the national interest. national interest (2) Retirement in the national interest shall be limited to cases where an officer has to relinquish his appointment at the instance of the Government either to take up another appointment outside the public service or for other reasons of Government policy. (As amended by S.I. No. 91 of 1987)

44. Subject to the provisions of regulation 3, the provisions of this Part shall apply to every public officer, including a public officer serving on contract or agreement, whether on a temporary basis or otherwise, and any term or condition in such contract or agreement providing for the termination of the services of such public officer shall be construed to be in addition to, and not in derogation of, the provisions of this Part. 45. (a) Where under the provisions of these Regualationsit is necessary-

Application of Part IV to officers serving on contract

Service of documents

(i) to deliver or serve any notice, charge or other document to or upon any public officer; or (ii) to communicate any information to any public officer by reason of such officer having absented himself from duty; and (b) it is not possible to effect such delivery or service, or to communicate such information, to such public officer personally; it shall be sufficient if such notice, charge or other document, or a letter containing such information, be served upon such public officer by post to his last known address.

PART V MISCELLANEOUS
46. Any public officer who submits any matter for the consideration of Production of the Commission shall ensure that all relevant documents and papers are relevant made available to the Commission and the Commission may require the documents, etc. production of any further documents or information relevant to the matter under consideration. 47. All correspondence for the Commission from responsible officers Correspondence and other persons shall be addressed to the Secretary unless otherwise provided by these Regulations. 48. Any case not covered by these Regulations shall be reported to the Cases not

secretary and the Commission shall determine the procedure to be adopted.

otherwise provided for

FIRST SCHEDULE
(Regulation 2)

RESPONSIBLE OFFICERS IN CERTAIN CASES


First Column Ministry or Department State House . . .. .. Cabinet Office .. .. Audit .. .. .. Judicial .. .. .. Public Service Commission. . (As amended by S.I. No. 70 of 1971) .. .. .. .. .. Second Column Office Principal Private Secretary .. Permanent Secretary (Personnel) Auditor-General Permanent Secretary and Solicitor-General Secretary

SECOND SCHEDULE
(Regulation 18)

OATH OF MEMBER OF COMMISSION


I, having been appointed as Chairman/member of the Public Service Commission do swear that I will without fear or favour, affection or ill will, discharge the functions of the office of Chairman/member of the Public Service Commission, and that I will not, directly or indirectly, reveal any matters relating to such functions to any unauthorised persons or otherwise than in the course of duty. SO HELP ME GOD Sworn/Declared before me this ............................... ,19 ........ day of

Judge

THIRD SCHEDULE
(Regulation 18)

OATH OF SECRETARY AND STAFF OF COMMISSION

I, having been appointed to exercise the functions of Secretary to/a member of the staff of/the Public Service Commission, do swear that I will not, directly or indirectly, reveal to any unauthorised person or otherwise than in the course of duty the contents or any part of the contents of any document, communication or information whatsoever which may come to my knowledge in the course of my duties as such. SO HELP ME GOD Sworn/Declared before me this ............................... , 19 ........ day of

Commissioner for Oaths

SECTION 20-THE TEACHING SERVICE COMMISSION (DELEGATION) DIRECTIONS

Statutory Instrument 3 of 1993

PART I PRELIMINARY
1. These Directions may be cited as the Teaching Service Commission Title (Delegation) Directions. 2. In these Directions, unless the context otherwise requires"basic school" means a school that consists of primary and secondary school classes; "Commission" means the Teaching Service Commission established by section seven of the Act; "headmaster (basic)" means a headmaster of a grade I, II, III or IV basic school and, " deputy headmaster" shall be construed accordingly; "headmaster (primary)" means a headmaster of a grade I, II, III or IV primary school and, "deputy headmaster" shall be construed Interpretation

accordingly; "headmaster (secondary)" means a headmaster of a grade I, II, III or IV secondary school and "deputy headmaster" shall be construed accordingly; "head of department (college)" means an officer who is in charge of a group of related subjects in an in-service or secondary teacher training college; "head of department (secondary)" means an officer who is in charge of a group of related subjects in a secondary school; "head of section" means an officer who is in charge of a subject in an in-service or secondary teacher training college or college for the teachers for the handicapped; "officer" means teaching officers in the National In-Service Training College; all Technical colleges; all Trades Training Institutes; all secondary and primary school teacher training colleges; all secondary and primary schools and principals and heads of the schools; "responsible officer" means the Permanent Secretary in the Ministry of Education or Ministry of Science, Technology and Vocational Training, as the case may be; "Regulations" means the Teaching Service Regulations; S.I. No. 172 of 1971

"Secretary" means the Secretary to the Teaching Service Commission appointed under section eleven of the Act; "senior teacher" means an experienced teacher who advises fellow teachers on professional matters in a primary school; and "teacher-in-charge" means a teacher responsible for an ungraded primary school.

PART II

DELEGATION OF FUNCTIONS
3. The exercise of functions of the Commission under section twenty-one of the Act is hereby delegated in the manner specified in paragraphs 4, 5, 6 and 7 of these Directions. Delegation of functions

PART III APPOINTMENTS AND PROMOTIONS


4. (1) The responsible officer may appoint any officer to hold the post of(a) (b) (c) (d) (e) (f) (g) (h) (i) (j) deputy headmaster (primary) grade I, II, III or IV; senior teacher; teacher-in-charge; deputy headmaster (basic) grade I, II, III or IV; deputy headmaster (secondary) grade III or IV; headmaster (primary) grade III or IV; headmaster (basic) grade III or IV; headmaster (secondary) grade III or IV; head of department (secondary); head of section; Appointments promotions

(k)

head of department (college);

and shall inform the Secretary accordingly; (2) The responsible officer shall, in any case of appointment and promotion, take into account the relevant qualifications, experience and conduct. 5. The responsible officer may appoint any officer to act in the post of- Appointments for (a) headmaster (primary) grade I or II; administrative (b) headmaster (basic) grade I or II; or convenience (c) deputy headmaster (secondary) grade I or II (d) headmaster (secondary) grade I or II for administrative convenience only for a period (not exceeding six months) and shall inform the Secretary accordingly 6. Approval and (a) approve secondment of any officer to ministries other than their upgrading own or to non-governmental organisations within Zambia for a period not exceeding three years; or (b) upgrade in appointment any officer in accordance with the provisions of circulars issued by the responsible officer in the Establishment Division; and shall inform the Secretary accordingly. 7. The Responsible Officer Establishment Division shall give instructions relating to the manner in which salaries, allowances and pension contributions may be effected. Salaries, allowances and pension contributions The responsible officer may-

8. The Commission may, on its own or upon representation made to it Power of by the responsible officer give such directions as it considers necessary Commission to if it is satisfied that a promotion under regualation 4 is or likely to begive directions (a) (b) detrimental to the discipline in the service; or contrary to public interest or policy.

THE TEACHING REGULATIONS

SERVICE

COMMISSION

ARRANGEMENT OF REGULATIONS

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

PART II APPOINTMENTS
4. 5. 6. The Commission Secretary and staff Oaths on appointment

PART III MEETINGS OF COMMISSION


7. 8. 9. 10. 11. 12. 13. 14. Presiding at meetings Record of meetings Decisions by circulation of papers Dissent Quorum Privilege for reports, etc. Privilege of members Disclosures

PART IV DUTIES AND FUNCTIONS OF COMMISSION


15. 16. 17. 18. 19. Matters for consideration by Commission Obligation of Commission to conform to Regulations Obligation of Commission to hear responsible officer Irregular representation Consultation and selection boards

PART V APPOINTMENT OF MEMBERS OF THE SERVICE (INCLUDING PROMOTIONS AND TRANSFERS), CONFIRMATION OF APPOINTMENTS AND TERMINATION OF APPOINTMENTS OTHERWISE THAN BY DISCIPLINARY PROCEEDINGS
Regulation 20. 21. 22. 23. 24. 25. 26. Advertisements Procedure and forms Vacancies Vacancies to be filled after examination or course of study Recruitment outside Zambia Requisites before appointment Probationary appointments

27.

Acting appointments

28. Renewal of agreements and admission to permanent and pensionable establishment 29. Retirement in public interest 29A. Retirement on abolition of office to effect greater efficiency or economy 29B. 29C. 30. Retirement on medical grounds Retirement in national interest Retirement on attainment of pensionable age.

PART VI DISCIPLINE
31. 32. Procedure when criminal offence may have been committed Interdiction of an officer

33. Suspension of disciplinary proceedings pending final determination of criminal proceedings 34. Suspension following criminal conviction 35. Procedure after conviction of officer whose basic salary is not less than ES/10 36. 37. 38. 39. Proceedings after acquittal on criminal charge Institution and form of disciplinary proceedings Formal disciplinary proceedings Summary disciplinary proceedings

40. Punishments which may be imposed by disciplinary authority, responsible officer or Commission 41. Reports and records of disciplinary proceedings determined by disciplinary authority 42. Appeals against punishment imposed by disciplinary authority or responsible officer 43. Application of Part VI to officers serving on contract

PART VII MISCELLANEOUS

44. 45. 46. 47.

Production of relevant documents, etc. Correspondence Service of documents Cases not otherwise provided for

FIRST SCHEDULE-Oath of member of Commission SECOND SCHEDULE-Oath of secretary and staff of Commission THE TEACHING REGULATIONS COMMISSION Statutory Instruments 172 of 1971 Regulations made by the Teaching Service 80 of 1974 Commission, with the consent of the President, 76 of 1988 and continued in force by virtue of Section 15 of 48 of 1991 3 of 1993 the Interpretation and General Provisions Act Cap. 2 SERVICE

PART I PRELIMINARY
1. These Regulations may be cited as the Teaching Service Commission Regulations. 2. In these Regulations, unless the context otherwise requires"basic salary" means the salary payable to an officer exclusive of any inducement allowance, personal allowance or other allowance or any direct payments made under assistance schemes; "Chairman" means the Chairman of the Commission or any other person appointed to act as Chairman of the Commission under the provisions of the Constitution and the Service Commissions Act; "Commission" means the Teaching Service Commission; Title

Interpretation

"disciplinary authority" means the supervising officer; "member" means any member of the Commission and includes the Chairman and any person appointed to act as a member; "responsible officer" means(a) the Permanent Secretary, Ministry of Education; or

(b) in the case of an officer serving in a Province, the Permanent Secretary of the Province. "salary" means basic salary; "secretary" means the secretary to the Commission; "supervising officer" means a public officer-in-charge of education in a region or district; or any other public officer who is nominated by the responsible officer to be a supervising officer for the purpose of these Regulations, and shall include Principal, Secondary Teacher Training College; Principal, National-in-Service Training College; Principal, Technical Colleges (Northern Technical College and Evelyn Hone College); Principal, Technical and Vocational Teachers' College; Controller, Educational Broadcasting and Television Services; Director, Curriculum Development Centre; Principal, Primary Teacher Training College and Principal, National Correspondence College. (As amended by S.I. No. 48 of 1991) 3. These Regulations shall apply to all officers serving on the ES Salary Scales in the Ministries of Education, and Science and Technology, whose appointment depends on teacher training as a qualification and to those posts to which promotion requires competence and general ability as a teacher, and shall include the following: (i) (ii) all primary school teachers including heads and deputy heads; all secondary school teachers including heads and deputy heads; Application

(iii) all lecturers in teacher training colleges including Principals and Vice Principals; (iv) all lecturers in technical colleges including Principals and Vice

Principals, heads of departments and sections; (v) all technical teachers in trades training institutes including Principals and Vice Principals; (vi) the Director and Deputy Director, Curriculum Development Centre, and all curriculum development officers and specialists; (vii) Controller, Educational Broadcasting and Television Services and all lecturers and heads; radio, television and audio video aids; (viii) the Director and Assistant Director, Department of Continuing Education, including Principal and Vice Principal, National Correspondence College, heads of adult education centres, lecturers and the Secretary, Adult Education Advisory Board, all continuing education organisers; (ix) the Head, Psychological Service and all educational psychologists; (x) the Chief and Deputy Chief Inspector of Schools and all inspectors and senior inspectors of schools; (xi) the Secretary, Zambia Examinations Council and all professional officers under him; (xii) all chief education officers and senior education officers and all education officers including district education officers; (xiii) the Director, Deputy Director and Assistant Director of Technical Education and Vocational Training; (xiv) (xv) all Inspectors of technical education; the Superintendent, Technical Teacher Training;

(xvi) all Controllers: Applied Arts and Technology Trades; Business; Commerce; and Paramedical; Adult Up-grading; Curriculum Development; Standards and Certification and Student Services; (xvii) all Curriculum Development Officers and Curriculum Development Specialists; and (xviii) any other staff who may by law be transferred to the Teaching Service.

PART II APPOINTMENTS

4. Members of the Commission shall be appointed by the President in The accordance with the Constitution. Commission 5. The Commission shall, acting in the name and on behalf of the Secretary and President, appoint a secretary to the Commission, who shall not be a staff member of the Commission, and such other staff as it may from time to time consider necessary. 6. (1) Every member shall, on appointment, take an oath in the form set Oaths on out in the First Schedule. appointment (2) The secretary and such other member or members of the staff of the Commission as the Chairman may require so to do, shall, on appointment, take an oath in the form set out in the Second Schedule. (3) Where any person is required to take an oath under the provisions of this regulation and(a) (b) has no religious belief; or the taking of an oath is contrary to his religious belief;

he may make and subscribe a solemn affirmation in the form of the oath on appointment, substituting the words "solemnly and sincerely declare and affirm" for the word "swear" and omitting the words "so help me God". (4) Every oath or affirmation taken by a member shall be administered by a Judge and every oath or affirmation taken by the Secretary or any other member of the staff of the Commission shall be administered by a Commissioner for Oaths.

PART III MEETINGS OF COMMISSION

7. Every meeting of the Commission shall be presided over by the Chairman. 8. A record shall be kept of the members present and of the business transacted at every meeting of the Commission.

Presiding at meetings Record of meetings

9. Decisions may be made by the Commission without a meeting by Decisions by circulation of the relevant papers among the members, and the circulation of expression of their views in writing, but any member shall be entitled to papers require that any such decision shall be deferred until the subject-matter be considered at a meeting of the Commission. 10. Any member shall be entitled to dissent from a decision of the Commission and to have his dissent and his reasons therefor set out in the records of the Commission. 11. The Chairman and two members will constitute a quorum for a meeting of the Commission and a like number of members will be required for a decision of the Commission arrived at by the circulation of written papers. 12. Any report, statement, other communication, record of any meeting, inquiry or proceedings, which the Commission may make, in exercise of its functions, or any member may make, in performance of his duties, and any application form, report or other communication, despatched to the Commission in connection with the exercise of its functions and in the possession of the Commission, shall be privileged, in that its production may not be compelled in any legal proceedings unless the Chairman certifies that such production is not against the public interest. Dissent

Quorum

Privilege for reports, etc.

13. Every member of the Commission shall have such protection and Privilege of privilege, in case of any action or suit brought against him for any act members done or attempted to be done in the bona fide execution of his duties, as is by law given to the acts done or words spoken by a Judge in the exercise of his judicial office. 14. No member of the Commission, the secretary, any member of the Disclosures staff of the Commission, nor any other person, shall publish or disclose

to any person otherwise than in the exercise of his official functions, the contents of any document, communication or information whatsoever which has come to his notice in the course of his duties.

PART IV DUTIES AND FUNCTIONS OF COMMISSION


15. In exercising its powers in connection with the appointment, promotion or transfer of officers in the Service, the Commission shall have regard to the maintenance of a high standard of professional conduct and efficiency necessary in the Service; and shall(a) give due consideration to qualified officers serving in the Service, and to residents of Zambia; (b) in the case of officers in the Service, take into account the relevant qualifications, experience, competence, and merit as well as good conduct and (c) where a post cannot be filled either(i) by the appointment or promotion of a suitable person already in the Service; or (ii) by the appointment of a suitable person who has successfully completed a course of study or training acceptable to the Commission; call for applications for the post by advertisement: Provided that(i) for special reasons and within its discretion, it may decide not to do so; (ii) within its discretion, it may restrict the application of such advertisement to persons who are already in the Service; and (iii) where it is satisfied that no suitable candidates with the requisite qualifications are available in Zambia, it may decide that the post be filled by recruitment outside Zambia. (As amended by S.I. No. 76 of 1988) 16. The Commission shall not exercise its powers in connection with Obligation of Matters for consideration by Commission

the dismissal, the disciplinary punishment or the termination of appointment, otherwise than by way of dismissal, of any officer in the Service except in accordance with the provisions of these Regulations. 17. The Commission, at the request of the responsible officer, shall hear the responsible officer personally in connection with any recommendation made by him to the Commission.

Commission to conform to Regulations Obligation of Commission to hear responsible officer

18. In carrying out its duties under the provisions of the Constitution or Irregular these Regulations, the Commission shall not take into account any representation representations made to it otherwise than in accordance with the Constitution or with these Regulations: Provided that nothing in this regulation shall be deemed to prohibit the Commission taking into account a bona fide reference or testimonial of service. 19. In exercising it powers in connection with the appointment, Consultation promotion or transfer of an officer in the Service, the Commission may- and selection boards (a) consult with any other person or persons; and (b) seek the advice of a selection board constituted by the Chairman who may appoint to it members of the Commission and other persons who are not members of the Commission.

PART V APPOINTMENT OF MEMBERS OF THE SERVICE (INCLUDING PROMOTIONS AND TRANSFERS), CONFIRMATION OF APPOINTMENTS AND TERMINATION OF

APPOINTMENTS OTHERWISE THAN BY DISCIPLINARY PROCEEDINGS


20. The Commission shall determine the form of advertisements Advertisements issued in accordance with the provisions of paragraph (c) of regulation 15; and the qualifications specified in such advertisements shall be those approved by the responsible officer, after consultation with the Commission, for the vacancy under consideration. 21. The Commission shall determine the procedure to be followed in dealing with applications for appointment to the Service, including the proceedings of any selection board appointed by the Chairman to interview candidates, and shall determine the forms to be used in connection with the discharge of its functions. Procedure and forms

22. When a vacancy occurs, or it is known that a vacancy will occur in Vacancies the Service, the responsible officer will report the fact to the secretary and(a) where the responsible officer recommends that the vacancy be filled by the appointment or promotion of an officer in the Service, he shall so inform the secretary; (b) where the responsible officer is unable to recommend the promotion of an officer in the Service to fill a vacancy, he shall inform the secretary of the names of the officers serving in the particular grade or cadre from which the promotion would normally be made, and state his reasons why he does not consider the officers named suitable for promotion to the vacant post; (c) where the responsible officer recommends that applications to fill the vacancy be invited from officers in the Service or from both officers in the Service and the general public, he shall attach to his report a draft advertisement setting out details of the vacant post and the duties and qualifications attached to it; (d) where the responsible officer is unable to recommend that the vacancy be filled immediately, he shall so inform the secretary and state his reasons therefor. (As amended by S.I. No 76 of 1988)

23.

Vacancies to be (a) according to the results of examinations which are conducted by filled after examination or or supervised by the Commission; or course of study (b) on the successful conclusion of a course of study or training designed to qualify the candidate for appointment to the Service; the Commission may make such arrangements in respect of the filling of such vacancies as it considers appropriate. 24. Where it is decided by the Commission that a particular vacancy be Recruitment filled by recruitment from outside Zambia, the responsible officer shall outside Zambia prepare an indent on the appropriate form. 25. No appointment to the Service may be made before the Commission has determined the suitability of the candidate concerned; the responsible officer shall inform successful candidates of appointments authorised by the Commission and of the initial rate of salary approved by him. 26. (1) Where an officer holds a probationary appointment, three months before the expiration of the period of such probationary appointment, the responsible officer shall consider(a) whether such officer, on such expiration, be confirmed in a pensionable post; (b) whether a further period of probationary service is necessary to determine whether such officer be so confirmed; or (c) whether such officer quit the Service. Requisites before appointment

Where a vacancy is to be filled-

Probationary appointments

(2) Where, after consideration of the matters referred to in sub-regulation (1), the responsible officer is of the opinion that the work and conduct of an officer in a probationary appointment have been of a standard to justify confirmation in a pensionable office, but the officer has not completed the examinations required for his appointment, the responsible officer, as soon as may be, before the expiration of that officer's probationary period of appointment, shall forward a report together with his recommendations to the secretary, as to the period of further probationary service which the officer should be granted in order

to pass the required examinations. (4) Where, after consideration of the matters referred to in sub-regulation (1), the responsible officer is of the opinion that the work or conduct of an officer in a probationary appointment has not been, in all respects, satisfactory, he shall so inform the officer, in writing, and indicate whether he proposes to recommend(a) an extension of the officer's probationary service to show whether he can overcome the defects noted; or (b) that the officer's probationary appointment should be terminated.

(5) The responsible officer shall, when giving to an officer the information mentioned in sub-regulation (4), ask the officer whether he wishes to make, within a period to be appointed by the responsible officer, any representations on the recommendations proposed; on the expiration of the period allowed to the officer to make any representations, the responsible officer shall forward a report to the secretary, on the officer, together with a copy of the letter to the officer and the officer's representations, if any, the responsible officer's comments thereon and a recommendation either that the period of probationary service should be extended or that the officer quit the Service. (6) Where an officer holds a probationary appointment and the responsible officer, at any time during the period of such probationary appointment, is of the opinion that such appointment be terminated forthwith on the grounds of general unsuitability which renders the officer unlikely to justify confirmation in pensionable office, the procedure prescribed in sub-regulations (4) and (5) shall be followed. (7) Where, upon consideration of a recommendation, made by the responsible officer, under the provisions of this regulation, that an officer other than an officer serving in Division I or II of the Service be confirmed in a pensionable post, the Commission is of the opinion that it requires further information, it may refer the matter back to the responsible officer for a further report. (As amended by S.I. No. 76 of 1988)

27. (1) Where the responsible officer recommends that an officer Acting should act for a period of not less than thirty days in a post higher than appointments that held substantively, or for a period of less than thirty days where it is required by law or regulation that the functions of the higher post may be exercised only by a person authorised by notification in the Gazette to exercise those functions, and that higher post is prescribed by the Government as a post carrying acting allowance, he will inform the secretary. (2) In considering recommendations of acting appointments, the Commission shall apply the standards prescribed in regulation 15, except that consideration may also be given to the exigencies of the Service. (As amended by S.I. No. 76 of 1988) 28. (1) Where an officer is serving on agreement for a specified period of service and the responsible officer desires to retain his services for a further tour of service, then, not later than thirty-three months after the officer's first day of resident service or three months before the officer's last day of duty, whichever is the earlier, the responsible officer will invite the officer in writing, either, if the officer be so eligible, to apply for admission to the permanent and pensionable establishment, or, if the officer is ineligible for admission to the permanent and pensionable establishment, to apply to be engaged for a further period of service; if the officer states either that he does not wish to be admitted to the permanent and pensionable establishment or to be engaged for a further period of service, no further action shall be necessary; if the officer duly applies either to be admitted to the permanent and pensionable establishment or to be engaged for a further period of service, the responsible officer shall forward to the secretary the officer's application, together with the responsible officer's recommendation, stating also whether the officer has passed his obligatory examinations, if any, the details of which shall be given. (2) Where an officer is serving on agreement for a specified period of service and the responsible officer does not wish to retain his services for a further period of service, then the responsible officer will so inform the officer in writing not later than five months before the officer's last day of duty and ask the officer whether he has any representations to make within a period to be determined by the responsible officer; if the officer does not wish to make any representations or states that he does not wish to be engaged for a further period of service, no further action Renewal of agreements and admission to permanent and pensionable establishment

shall be necessary; but if the officer does make representations, the responsible officer shall forward to the secretary a full statement of reasons for recommending that the officer be not engaged for further service, together with a copy of the responsible officer's letter to the officer, the officer's representations, and the responsible officer's comments thereon. 29. (1) Notwithstanding the provisions of these Regulations if the responsible officer considers that an officer should be retired from the Service at an earlier date than the date specified in the pension laws relevant to his service on the ground of(a) (b) (c) failure to perform his duties; incompetent performance of his duties; any other disciplinary offence; Retirement in Public interest

he shall, inform such officer and allow him an opportunity within a period to be determined by the responsible officer, of showing cause why he should not be retired from the service. (2) If, on the expiration of the period allowed to the officer to show cause why he should not be retired from the service, the responsible officer after considering the statement of the officer, if any, and having regard to all the circumstances of the case, is of the opinion, that such officer should be retired in the public interest and receive his retirement benefits, he shall forward his findings and the statement of the officer to the Commission for a determination. (3) If, upon consideration of the report made by the responsible officer in pursuance of sub-regulation (2), the Commission is of the opinion that the facts disclosed warrant the institution of proceedings for dismissal of the officer or the imposition of lesser penalty than dismissal, the Commission may direct the responsible officer to institute proceedings against the officer under the provisions of regulation 38. (As amended by S.I. No. 76 of 1988) 29A. The Commission may, on the recommendation of the responsible Retirement on officer, retire an officer in the Service on abolition of his office to effect abolition of greater efficiency or economy. office to effect

(As amended by S.I. No. 76 of 1988)

greater efficiency or economy Retirement on medical grounds

29B. On the recommendation of the responsible officer, the Commission shall retire an officer in the Service on sufficient evidence that such officer is incapable by reason of some infirmity of mind or body of discharging the duties of his office and that such infirmity is likely to be of long standing. (As amended by S.I. No. 76 of 1988) 29C. (1) The Commission may retire an officer in the service in the national interest; (2) Retirement in the national interest shall be limited to cases where an officer has to relinquish his appointment at the instance of the Government either to take up another appointment outside the Service or for other reasons of Government policy. (As amended by S.I. No. 76 of 1988) 30. The responsible officer shall, not later than six months before an officer serving in his Ministry attains pensionable age as defined in the Civil Service (Local Condition) Pensions Act, notify such officer and the Commission of his impending date of retirement. (As amended by S.I. No. 76 of 1988)

Retirement in national interest

Retirement on attaining pensionable age. Cap. 410

PART VI DISCIPLINE
31. (1) Whenever it comes to the notice of a disciplinary authority that a criminal offence likely to warrant disciplinary proceedings may have been committed by an officer, the disciplinary authority shall inform the responsible officer forthwith. Procedure when criminal offence may have been committed

(2) Whenever it comes to the notice of the responsible officer that a criminal offence likely to warrant disciplinary proceedings may have been committed by any officer, or whenever the responsible officer is so informed under sub-regulation (1), the responsible officer shall consult the Director of Public Prosecutions as to whether criminal proceedings are not being instituted as aforesaid; the responsible officer shall decide whether disciplinary proceedings be instituted against the officer and give directions accordingly. (3) Whenever criminal proceedings are instituted against an officer, the responsible officer shall submit a report forthwith to the secretary setting out the facts of the case, together with a statement as to whether such officer has been interdicted under regulation 32. 32. (1) A responsible officer may interdict a supervising officer or a supervising officer may interdict an officer directly falling under his jurisdiction from the exercise of the powers and functions of his office, if he is satisfied that the public interest so requires, and(a) if criminal proceedings are instituted against any such officer; or Interdiction of an officer

(b) if disciplinary proceedings for his dismissal are instituted, or are about to be instituted, against any such officer. (2) Whenever a responsible officer or a supervising officer interdicts an officer under these Regulations, he shall notify such officer in writing of the reasons therefor and shall deliver a copy of such notice to the secretary. (3) Any officer who is interdicted under sub-regulation (1) shall, during the period of his interdiction, receive such proportion of his salary, not being less than half of his salary, as the responsible officer may direct. (4) Where criminal proceedings or disciplinary proceedings have been instituted against an officer under interdiction and such officer(a) and is not convicted as a result of such criminal proceedings, if any;

(b) is not subjected to any punishment under these Regulations as a result of such disciplinary proceedings; the whole amount of his salary withheld under sub-regulation (3) shall, upon the expiry of the period of his interdiction, be paid to him. (5) Where criminal proceedings or disciplinary proceedings have been instituted against an officer under interdiction and such officer(a) is or is not convicted as a result of such criminal proceedings, if any; and (b) is subjected to any punishment under these Regulations, other than dismissal, as a result of such disciplinary proceedings; he shall, upon the expiry of the period of his interdiction, be paid such proportion of his salary withheld under sub-regulation (3) as the Commission may direct. (6) Subject to the provisions of sub-regulation (3), the interdiction of any officer shall have effect during such period, and in accordance with such conditions, as the Commission shall specify in writing to such officer; but where it appears expedient the Commission may at any time during such period abridge or extend such period by further notice in writing to any such officer. (7) Any officer who is interdicted under this regulation shall not leave Zambia without the permission of the responsible officer during the period of his interdiction. (8) For the purposes of this regulation, salary includes any personal allowance, inducement allowance and direct payments made under assistance schemes. 33. Where criminal proceedings are instituted against any officer, no disciplinary proceedings shall be instituted against such an officer upon any ground which is the subject of such criminal proceedings; if such disciplinary proceedings have been instituted they shall be suspended until the conclusion of such criminal proceedings and the determination of any appeal therefrom. Suspension of disciplinary proceedings pending final determination of criminal proceedings

34. (1) Where, as a result of criminal proceedings, an officer is convicted of an offence likely to warrant disciplinary proceedings for his dismissal, the responsible officer shall, by notice in writing to the officer, suspend him from the exercise of the powers and functions of his office and shall cause a copy of such notice to be delivered to the secretary. (2) Where disciplinary proceedings are instituted against an officer suspended under sub-regulation (1), the responsible officer shall direct that the salary of such officer be withheld, as from the date of his suspension, pending the determination of such disciplinary proceedings. (3) Where disciplinary proceedings instituted against any officer suspended under these Regulations do not result in his dismissal, he shall be paid such proportion of his salary withheld under sub-regulation (2) as the Commission may direct. (4) Subject to the provisions of this regulation, the suspension of an officer shall have effect during such period, and in accordance with such conditions, as the Commission shall specify by notice in writing to any such officer; but where it appears expedient the Commission may, at any time during such period, abridge or extend such period by further notice in writing to any such officer.

Suspension following criminal conviction

35. (1) This regulation applies to an officer whose basic salary is not Procedure after less than the basic salary payable in respect of an officer in the Teaching conviction of Service graded as Superscale. officer whose basic salary is (As amended by S.I. No. 48 of 1991) not less than E5/10 (2) Where an officer to whom this regulation applies is, as a result of criminal proceedings, convicted of an offence likely to warrant disciplinary proceedings, such disciplinary proceedings shall, subject to the provisions of regulation 33, be instituted and determined in accordance with this regulation. (3) Upon the conviction, as aforesaid, of an officer to whom this

regulation applies, the responsible officer shall obtain(a) a true copy of the charge;

(b) a true copy of the judgment of the court by whom such officer was convicted; (c) in the case of any appeal, a true copy of the judgment of any court by whom such appeal was determined; and (d) a true record of the proceedings of any such court, if available.

(4) The responsible officer shall institute disciplinary proceedings against an officer, under this regulation, by delivering to such officer a written statement setting out particulars of the charge or charges and of the grounds upon which such disciplinary proceedings are instituted, together with a notice requiring such officer to submit to him, within such period as the responsible officer shall specify, an exculpatory statement in writing of the grounds on which such an officer relies to exculpate himself. (5) The responsible officer shall submit to the secretary the documents obtained under sub-regulation (3), with the statement of the charge or charges and the exculpatory statement, if any, referred to in sub-regulation (4), together with his written comments. (6) Notwithstanding the provisions of regulations 37, 38 and 39, the Commission may consider any disciplinary proceedings instituted against an officer under this regulation upon perusal of the documents referred to in sub-regulation (5) and may, in like manner, determine whether such officer is to be dismissed or subjected to some other punishment on account of the offence of which he is convicted. 36. An officer acquitted of a criminal charge in any court shall not be dismissed or otherwise punished for any charge upon which he has been so acquitted, but nothing in this regulation shall prevent him being dismissed or otherwise punished on any other charges arising out of his conduct in the matter. 37. (1) Subject to the provisions of regulation 35, disciplinary Proceedings after acquittal on criminal charge

Institution and

proceedings against an officer under these Regulations shall be instituted by the disciplinary authority:

form of disciplinary proceedings

Provided that the responsible officer may, in any case where he considers it necessary or desirable, assume and exercise the functions of the disciplinary authority in relation to such disciplinary proceedings and, without prejudice to the provisions of sub-regulation (2) of regulation 40, the provisions of these Regulations shall apply mutatis mutandis to such disciplinary proceedings as they apply to disciplinary proceedings instituted by a disciplinary authority. (2) Subject to the provisions of regulation 35, disciplinary proceedings instituted against(a) an officer-

(i) whose basic salary is not less than the basic salary payable in respect of the officer graded as ES/10 (ii) who has misconducted himself in such manner as would, in the opinion of the disciplinary authority, warrant his dismissal, discharge, reduction of rank or reduction in salary; shall be formal disciplinary proceedings; (b) any other officer who has misconducted himself in such manner as would, in the opinion of the disciplinary authority, warrant punishment other than punishment referred to in sub-paragraph (ii) of paragraph (a), shall be summary disciplinary proceedings. (3) In this regulation"formal disciplinary proceedings" means disciplinary proceedings under regulation 38; and "summary disciplinary proceedings" means disciplinary proceedings under regulation 39. (As amended by S.I. No. 48 of 1991) 38. (1) Any disciplinary proceedings instituted against an officer referred to in paragraph (a) of regulation 37 (2) shall be instituted and determined in accordance with this regulation. Formal disciplinary proceedings

(2) Whenever a disciplinary authority institutes disciplinary proceedings against an officer (hereinafter in these Regulations referred to as "the concerned officer") under this regulation, he shall do so after such consultation with the Director of Public Prosecutions as he considers necessary, by delivering to the concerned officer a written statement setting out particulars of the charge or charges and of the grounds upon which such disciplinary proceedings are instituted, together with a notice requiring the concerned officer to submit to the disciplinary authority, within such period as the disciplinary authority shall specify, an exculpatory statement in writing of the grounds on which the concerned officer relies to exculpate himself. (3) Upon the expiry of the period specified in the notice delivered to the concerned officer under sub-regulation (2), the disciplinary authority shall consider the exculpatory statement, if any, of the concerned officer and may(a) exculpate the concerned officer and inform him accordingly in writing; or (b) subject to the provisions of regulation 40, impose such punishment on the concerned officer as is proper, having regard to all the circumstances of the case; or (c) submit to the responsible officer the case together with a statement of the charge, or charges, the exculpatory statement, if any, of the concerned officer and the written comments of the disciplinary authority. (4) The responsible officer shall consider any case submitted to him under paragraph (c) of sub-regulation (3), and the documents therein referred to, and may(a) exculpate the concerned officer and direct the disciplinary authority to inform the concerned officer accordingly; or (b) subject to the provisions of regulation 40, impose such punishment on the concerned officer as is proper, having regard to all the circumstances of the case; or

(c) submit the case, with the documents referred to in paragraph (c) of sub-regulation (3), together with his written comments, to the secretary for consideration and determination by the Commission. (5) Where it appears to the Commission, upon consideration of the report of the responsible officer and the exculpatory statement, if any, of the concerned officer, and all other documents submitted for its consideration under sub-regulation (4), that further investigation of the case is necessary, the Commission shall, subject to the provisions of sub-regulation (6), appoint a committee to carry out such further investigation as the Commission may direct. (6) A committee appointed under sub-regulation (5) (hereinafter referred to as "the committee") shall consist of not less than three members who shall be public officers, and(a) one member shall have legal qualifications;

(b) the other members shall be appointed with due regard to the office of the concerned officer. (7) The committee shall, as soon as may be practicable and before it takes any further step in carrying out an investigation under this regulation, give notice in writing to the concerned officer stating that, at a date, and at a place and time, specified in such notice, it intends to investigate such matters as shall be specified in such notice and that the concerned officer is required or, as the case may be, permitted to appear before the committee during such investigation. (8) Whenever any person other than the concerned officer is questioned by the committee in the course of an investigation under this regulation, the concerned officer shall be given the opportunity of being present and of putting questions on his behalf to such person, and any document used by the committee in the course of its investigation shall be made available for scrutiny by the concerned officer at his request. (9) If the concerned officer so requests, and it appears to the committee necessary or desirable, the committee may permit the concerned officer to be represented by a legal practitioner or by a public officer nominated by the concerned officer or nominated, with the consent of the

concerned officer, by the committee, and the provisions of sub-regulation (8) shall apply in relation to such legal practitioner or such public officer as they apply to the concerned officer. (10) Where it appears to the committee, as a result of its investigation under this regulation, that there are grounds for instituting disciplinary proceedings, other than those in respect of which the committee is appointed, against the concerned officer, the committee shall so inform the disciplinary authority in writing. (11) On completion of its investigation under this regulation, the committee shall prepare and submit to the Commission a written report setting out the matters investigated by the committee, and such report shall include(a) a statement whether, in the opinion of the majority of the members of the committee, the concerned officer is guilty of the charge or charges alleged against him and investigated by the committee, and a brief statement of the reason for that opinion; and (b) particulars of any matters which, in the opinion of the majority of the members of the committee, tend to aggravate or mitigate, as the case may be, the gravity of the case; and (c) a clear summary of the findings of the committee or, in the case of dissent among the members, of the majority of the members thereof, on the matters investigated by the committee; but the committee shall not make any recommendation as to, or otherwise comment on, the form of punishment that may be imposed on the concerned officer. (12) The Commission may, after consideration of a report submitted to it under sub-regulation (11), refer the report to the committee for clarification on any matter arising thereon or therein contained, or for further investigation and report, under this regulation, as the Commission may direct, and the committee shall comply with any such direction as soon as may be practicable. (13) The Commission shall consider all matters submitted to it for its consideration and determination under this regulation, including any report submitted under sub-regulation (11) or (12), and shall determine,

subject to the provisions of regulation 40, whether any punishment is to be imposed on the concerned officer, and give directions accordingly. (14) The disciplinary authority shall give notice in writing to the concerned officer of any punishment imposed on him under this regulation, and such notice shall, except in the case of a severe reprimand, a reprimand or any punishment imposed by the Commission, inform the concerned officer of his right to appeal under regulation 42. 39. (1) Any disciplinary proceedings instituted against an officer referred to in paragraph (b) of regulation 37 (2) shall be instituted and determined in accordance with this regulation. (2) Whenever a disciplinary authority institutes disciplinary proceedings against an officer under this regulation, he shall do so after such investigation as he considers necessary, by delivering or causing to be delivered to the concerned officer a written statement setting out particulars of the charge or charges and of the grounds upon which such disciplinary proceedings are instituted, together with a notice requiring the concerned officer to submit to the disciplinary authority, within such period as the disciplinary authority shall specify, an exculpatory statement in writing of the grounds on which the concerned officer relies to exculpate himself. (3) Upon the expiry of the period specified in the notice delivered to the concerned officer under sub-regulation (2), the disciplinary authority shall consider the exculpatory statement, if any, of the concerned officer and shall(a) subject to the provisions of regulation 40, impose such punishment on the concerned officer as is proper having regard to all the circumstances of the case; or (b) exculpate the concerned officer and inform him accordingly in writing. (4) Notwithstanding the foregoing provisions of this regulation, where it appears to the disciplinary authority, after such investigation as he considers necessary, that disciplinary proceedings instituted under this regulation would warrant a punishment not more severe than a Summary disciplinary proceedings

reprimand, the disciplinary authority may institute such disciplinary proceedings by conveying a reprimand to the concerned officer without a written statement of the charge or of the grounds upon which such disciplinary proceedings are instituted and it shall be sufficient compliance with this regulation if the disciplinary authority, by notice in writing given to the concerned officer thereafter, confirms such reprimand and specifies the reasons therefor. (5) Except in the case of a reprimand imposed under sub-regulation (4), the disciplinary authority shall give notice in writing to the concerned officer of any punishment imposed on him under this regulation. (6) Except in the case of a severe reprimand or a reprimand other than notice given under sub-regulation (5), the disciplinary authority shall inform the accused officer of his right to appeal under regulation 42. 40. (1) The Commission may impose any one or more of the following Punishments punishments under these Regulations: which may be imposed by disciplinary authority, responsible officer or Commission (a) (b) (c) (d) (e) (f) (g) (h) dismissal or retirement in the public interest under regulation 29; discharge, by due notice or by payment of salary in lieu thereof; reduction in salary; deferment of increment; stoppage of increment; withholding of increment; severe reprimand; reprimand.

(As amended by S.I. No. 76 of 1988) (2) A responsible officer may impose any one or more of the following punishments under these Regulations, in the case of an officer serving in Division I, II or III, that is to say: (a) (b) (c) deferment of increment; stoppage of increment; withholding of increment;

(d) temporary reduction in salary, which may be to a lower salary scale but which, in no case, shall be to a point lower than the point at which the employee was appointed and which shall only be a specific point in a recognised salary scale; (e) (f) severe reprimand; reprimand.

(3) A supervising officer may impose any one or more of the following punishments under these Regulations, in the case of an officer serving in Division II or III, that is to say: (a) (b) (c) (d) (e) deferment of increment; stoppage of increment; withholding of increment; severe reprimand; reprimand.

41. (1) A disciplinary authority shall submit a report to the responsible Reports and officer of all disciplinary proceedings instituted and determined by the records of disciplinary authority including disciplinary proceedings where no disciplinary

punishment is imposed.

proceedings determined by disciplinary authority

(2) The responsible officer shall review all disciplinary proceedings reported to him under sub-regulation (1) and he may, if he considers that the punishment imposed is too severe or too lenient, that no punishment should have been imposed, or that a punishment should have been imposed where no punishment was imposed, refer the matter to the disciplinary authority for further report as the responsible officer may direct. (3) The responsible officer shall make a report to the secretary, from time to time as the Commission may direct, of every case where disciplinary proceedings are determined by him or by the disciplinary authority, and shall submit therewith any report made to him under the foregoing provisions of this regulation, together with the copy of the relevant charge or charges, a copy of the relevant exculpatory statement, if any, and a copy of any notice required to be given under regulation 38 or 39, of the result of such disciplinary proceedings. 42. (1) Except in the case of punishment imposed by the Commission, an officer may appeal to the Commission against any punishment other than a severe reprimand or a reprimand imposed on him under these Regulations. Appeals against punishment imposed by disciplinary authority or responsible officer

(2) Every appeal made by an officer under this regulation shall be in writing, addressed to the disciplinary authority, or, as the case may be, to the responsible officer, by whom the punishment is imposed and shall set out clearly the grounds of the appeal, and every such appeal shall be delivered to the disciplinary authority or to the responsible officer as aforesaid not later than twenty-one days from the date of the notice given to such officer informing him of the punishment imposed. (3) Every appeal under this regulation shall(a) in the case of an appeal delivered to a disciplinary authority

under sub-regulation (2), be submitted by the disciplinary authority to the responsible officer; (b) (i) in the case of an appealdelivered to the responsible officer under sub-regulation (2); or

(ii) submitted to the responsible officer under paragraph (a); be submitted by the responsible officer to the secretary for consideration and final determination by the Commission. (4) In considering any appeal under this regulation, the Commission may give such direction under sub-regulation (3) of regulation 41 as it may deem necessary for the purpose of determining the appeal. (5) Every determination of the Commission under this regulation shall have effect in accordance with the directions of the Commission, and notice in writing thereof shall be given to the appellant by the responsible officer. 43. The provisions of this Part shall apply to every officer including an officer serving on contract or agreement, whether on a temporary basis or otherwise, and any term or condition in such contract or agreement providing for the termination of the services of such officer shall be construed to be in addition to, and not in derogation of, the provisions of this Part. Application of Part VI to officers serving on contract

PART VII MISCELLANEOUS


44. Any officer who submits any matter for the consideration of the Commission shall ensure that all relevant documents and papers are made available to the Commission, and the Commission may require the production of any further documents or information relevant to the matter under consideration. Production of relevant documents, etc. Correspondence

45. All correspondence for the Commission from responsible officers Service of and other persons shall be addressed to the secretary unless otherwise documents

provided by these Regulations. 46. (a) Where under the provisions of these Regulationsit is necessary-

(i) to deliver or serve any notice, charge or other document to or upon any officer; or (ii) to communicate any information to any officer by reason of such officer having absented himself from duty; and (b) it is not possible to effect such delivery or service, or to communicate such information, to such officer personally; it shall be sufficient if such notice, charge or other document, or a letter containing such information, be served upon such officer by post to his last known address. 47. Any case not covered by these Regulations shall be reported to the Cases not secretary, and the Commission shall determine the procedure to be otherwise provided for adopted.

FIRST SCHEDULE
(Regulation 6)

OATH OF MEMBER OF COMMISSION


I, having been appointed as Chairman/member of the Teaching Service Commission, do swear that I will, without fear or favour, affection or ill will, discharge the functions of the office of Chairman/member of the Teaching Service Commission, and that I will not, directly or indirectly, reveal any matters relating to such functions to any unauthorised persons or otherwise than in the course of duty. SO HELP ME GOD Sworn/Declared before me this day of ................... ,19 ....... Judge

SECOND SCHEDULE
(Regulation 6)

OATH OF SECRETARY AND STAFF OF COMMISSION


I, having been appointed to exercise the functions of Secretary to/a member of the staff of/the Teaching Service Commission, do swear that I will not, directly or indirectly, reveal to any unauthorised person or otherwise than in the course of duty the contents or any part of the contents of any document, communication or information whatsoever which may come to my knowledge in the course of my duties as such. SO HELP ME GOD Sworn/Declared before me this day of ................... , 19..... Commissioner for Oaths

THE POLICE AND PRISON SERVICE COMMISSION REGULATIONS

ARRANGEMENT OF REGULATIONS PART I PRELIMINARY


Regulation 1. 2. 3. Title Interpretation Application

PART II GENERAL
4. 5. 6. Secretary and staff Presiding at meetings Records of meetings

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

Decisions by circulation of papers Dissent Quorum Privilege for reports, etc. Privilege of members Disclosures Matters to be considered by Commission Selection board Obligation to conform with Regulations Obligation to hear responsible officer Irregular representation Oaths on appointment

PART III APPOINTMENTS (INCLUDING PROMOTIONS AND TRANSFERS), CONFIRMATION OF APPOINTMENTS, FORCE EXAMINATIONS AND TERMINATION OF APPOINTMENTS OTHERWISE THAN BY DISCIPLINARY PROCEEDINGS
19. 20. 21. 22. 23. 24. Advertisements Procedure and forms Vacancies Vacancies to be filled after examination or course of study Recruitment outside Zambia Appointments

25. 26. 27. 28. 29.

Probationary appointment and termination Compulsory retirement Acting appointments Force examinations Further reports

30. Renewal of agreements and admission to permanent and pensionable establishment

PART IV DISCIPLINE
31. 32. Procedure when criminal offence may have been committed Suspension of officers

33. Suspension of disciplinary proceedings pending final determination of criminal proceedings 34. 35. 36. 37. 38. 39. Suspension following criminal conviction Procedure after conviction of officer Proceedings after acquittal on criminal charge Institution and form of disciplinary proceedings Formal disciplinary proceedings Summary disciplinary proceedings

40. Punishments which may be imposed by Commission, responsible officer or disciplinary authority 41. Reports and records of disciplinary proceedings determined by disciplinary authority or responsible officer 42. Appeals against punishment imposed by disciplinary authority or responsible officer 43. 44. 45. Retirement in public interest Application of Part IV to officers serving on contract Service of documents

PART V

MISCELLANEOUS
Regulation 46. 47. 48. Production of relevant documents, etc. Correspondence Cases not otherwise provided for

FIRST SCHEDULE-Oath of member of Commission SECOND SCHEDULE-Oath of secretary and staff of Commission THE POLICE AND PRISON SERVICE COMMISSION REGULATIONS Regulations made by the Police and Prison Service Commission, with the consent of the President, and continued in force by virtue of section 15 of the Interpretation and General Provisions Act. Statutory instrument 65 of 1976 Cap. 2

PART I PRELIMINARY
1. These Regulations may be cited as the Police and Prison Service Commission Regulations. 2. In these Regulations, unless the context otherwise requires"basic salary" means the salary payable to an officer exclusive of any inducement allowance, personal allowance or other allowance or any direct payments made under assistance schemes; "Chairman" means the Chairman of the Commission or any other person appointed to act as Chairman of the Commission; "Commission" means the Police and Prison Service Commission established by the Constitution and the Service Commissions Act; Title

Interpretation

"Commissioner" means the Commissioner of Prisons; "disciplinary authority" means a supervising officer; "Force" means the Zambia Police Force or the Zambia Prison Service; "Inspector-General" means the Inspector-General of Police; "member" means any member of the Commission, and includes the Chairman and any person appointed to act as a member; "officer" means a person holding or performing the functions of the office of police officer or prison officer; "officer-in-charge" means an officer appointed by the Inspector-General Cap. 97 to be in charge of a police station in any district, or, in the case of prisons, an officer appointed by the Commissioner under section five of the Prisons Act; "police officer" means any member of the Zambia Police Force; "prison officer" means any member of the Zambia Prison Service; "responsible officer" means the Permanent Secretary, Ministry of Home Affairs; "secretary" means the secretary to the Commission; "supervising officer" means the Inspector-General or the Commissioner. 3. These Regulations shall apply to all police officers or prison officers Application including, so far only as concerns the appointment of persons thereto or to act therein, the office of the Inspector-General or the Commissioner.

PART II

GENERAL
4. The Commission shall appoint a secretary to the Commission, who Secretary and shall not be a member, and such other staff as it may from time to time staff consider necessary. 5. Every meeting of the Commission shall be presided over by the Chairman. 6. A record shall be kept of the members present and the business transacted at every meeting of the Commission. Presiding at meetings Records of meetings

7. The Commission may make decisions without holding a meeting by Decisions by circulating relevant papers among members who shall in writing make circulation of known to the Commission their views on such papers, but any member papers may require the implementation of any such decision to be deferred until the subject-matter of such decision has been considered at a full meeting of the Commission. 8. Any member shall be entitled to dissent from a decision of the Commission and to have his dissent and his reasons therefor set out in the records of the Commission. Dissent

9. The Chairman and any two members shall constitute a quorum for a Quorum meeting of the Commission or for making a decision of the Commission by the circulation of papers. 10. Any report, statement, record or other written communication Privilege for concerning any meeting, inquiry or proceedings made by the reports, etc. Commission in exercise of its functions or made by any member in performance of his duties and any application form, report or other written communication, despatched to the Commission in connection with the exercise of its functions and in the possession of the Commission, shall be privileged to the extent that its production may not be compelled in any legal proceedings unless the Chairman certifies that such production is in the public interest.

11. Every member shall have such protection and privilege, in case of Privilege of any action or suit brought against him for any act done or purported to members be done in the bona fide execution of his duties, as is by law given to the acts done or words spoken by a Judge in the exercise of his judicial office. 12. No member of the Commission, nor the secretary nor any member Disclosures of the staff of the Commission nor any other person shall publish or disclose to any person, otherwise than in the exercise of his official functions, the contents of any document, communication or information whatsoever which has come to his notice in the course of his duties. 13. In exercising its powers in connection with the appointment, promotion or transfer of officers in the Force, the Commission shall have regard to the maintenance of the high standard of efficiency necessary in the Force and shall(a) give due consideration to qualified officers serving in the Force and to residents of Zambia; (b) in the case of officers in the Force, take into account qualifications, experience and merit as well as seniority in the Force; and (c) where a post cannot be filled eitherMatters to be considered by Commission

(i) by the appointment or promotion of a suitable person already in the Force; or (ii) by the appointment of a suitable person who has successfully completed a course of study or training acceptable to the Commission; call for applications for the post by advertisement: Provided thatA for special reasons the Commission may decide not to advertise; B. the Commission may restrict the application of such advertisement to persons who are already in the Force; and C. where it is satisfied that no

suitable candidate with the requisite qualifications is available in Zambia, the Commission may decide that the post be filled by recruitment from outside Zambia. 14. (1) The Commission may constitute a selection board made up of Selection board such members of the Commission and/or other persons as the Chairman may appoint. (2) The selection board shall advise the Commission on any matters referred to it by the Commission. 15. The Commission shall not discipline or terminate the appointment, Obligation to whether by dismissal or otherwise, of any officer in the Force except in confirm with accordance with the provisions of these Regulations. Regulations 16. The Commission shall, at the request of the responsible officer, hear the responsible officer personally in connection with any recommendation made by him to the Commission. 17. In carrying out its duties under the provisions of the Constitution and these Regulations, the Commission shall not take into account any representations made to it otherwise than in accordance with the Constitution or these Regulations: Provided that nothing in this regulation shall be deemed to prohibit the Commission from taking into account a bona fide reference or testimonial of service. 18. (1) Every member shall, on appointment but before assuming the Oaths on duties of his office, take an oath in the form set out in the First Schedule. appointment (2) The secretary and such other members of the staff of the Commission as the Chairman may require so to do, shall, on appointment but before assuming the duties of his office, take an oath in the form set out in the Second Schedule. (3) Where any person is required to take an oath under this regulation Obligation to hear responsible officer Irregular representation

and(a) (b) he has no religious belief; or the taking of an oath is contrary to his religious belief;

he may make and subscribe a solemn affirmation in the form of the oath prescribed in sub-regulation (1) or (2), as the case may be, substituting the words "solemnly and sincerely declare and affirm" for the word "swear" and omitting the words "so help me God" (4) Every oath or affirmation taken by a member shall be administered by a Judge and every oath or affirmation taken by the secretary or any other member of the staff of the Commission shall be administered by a commissioner for oaths.

PART III APPOINTMENTS (INCLUDING PROMOTIONS AND TRANSFERS), CONFIRMATION OF APPOINTMENTS, FORCE EXAMINATIONS AND TERMINATION OF APPOINTMENTS OTHERWISE THAN BY DISCIPLINARY PROCEEDINGS
19. The Commission shall determine the form of advertisements issued in accordance with paragraph (c) of regulation 13. The qualifications specified in such advertisements shall be those approved by the responsible officer, after consultation with the Commission, for the vacancy under consideration. Advertisements

20. The Commission shall determine the procedure to be followed in dealing with applications for appointment to the Force, including the proceedings of any selection board appointed by the Chairman to interview candidates and shall determine the forms to be used in connection with the discharge of its functions.

Procedure and forms

21. (1) When a vacancy occurs, or it is known that a vacancy will occur Vacancies in the Force, the Inspector-General or the Commissioner will report the fact to the responsible officer and(a) if the Inspector-General or the Commissioner recommends that the vacancy should be filled by the appointment or promotion of an officer serving in the Force he will so inform the responsible officer and, if the promotion of that officer would involve the supersession of any more senior officers in the Force, he will also state the reasons for the supersession of each such officer; (b) if the Inspector-General or the Commissioner is unable to recommend the promotion of a serving officer to fill a vacancy he will inform the responsible officer of the names of the most senior officers serving in the particular grade or cadre from which the promotion would normally be made, and state the reasons why he does not consider the officers named to be suitable for promotion to the vacant post; (c) if the Inspector-General or the Commissioner recommends that applications to fill the vacancy should be invited from serving officers or from both serving officers and the general public he will attach to his report a draft advertisement setting out details of the vacant post and the duties and qualifications attached to it; (d) if the Inspector-General or the Commissioner is unable to recommend that the vacancy should be filled immediately, he will so inform the responsible officer and state his reasons therefor. (2) The responsible officer will verify the details of the vacancy and will forward the Inspector-General's or the Commissioner's recommendations, with his own comments thereon, to the secretary. 22. (a) Where a vacancy is to be filledVacancies to be according to the results of examinations which are conducted or filled after examination or

supervised by the Commission; or (b) on the successful completion of a course of study or training designed to qualify a candidate for appointment to the Force; the Commission may make such arrangements in respect of the filling of such vacancy as it considers appropriate.

course of study

23. If the Inspector-General or the Commissioner is informed that the Recruitment Commission has decided that a particular vacancy should be filled by outside Zambia recruitment from outside Zambia, he shall prepare an indent on the appropriate form and submit it to the responsible officer for verification. 24. (1) The responsible officer may make a temporary non-contract Appointments appointment for a period not exceeding three months to a vacant post in Division I, II, or III. (2) If the responsible officer intends that a temporary appointment to a vacant post should continue for more than three months then, not later than two months from the effective date of such appointment, he shall forward details of the officer so appointed and the reasons for such appointment to the secretary with a recommendation regarding the length of time during which temporary appointment will be required. (3) If the responsible officer intends that an officer appointed temporarily to a vacant post should subsequently be appointed on probation, he shall forward details of the officer to the Commission which will determine whether or not such officer shall be appointed on probation. (4) Every appointment on contract terms and every appointment involving promotion shall be made by the Commission. 25. (1) Where an officer holds a probationary appointment, three Probationary months before the expiration of the period of such probationary appointment appointment, the Inspector-General or the Commissioner shall consider- and termination (a) whether such officer should, on such expiration, be confirmed in a pensionable post; (b) whether a further period of probationary service is necessary to

determine whether such officer should be confirmed; or (c) whether such officer should not remain in the Force.

(2) If, after consideration of the matters referred to in sub-regulation (1), the Inspector-General or the Commissioner is of the opinion that an officer in a probationary appointment should be confirmed in a pensionable appointment and if that officer has passed such examinations as may be required as a condition for confirmation in his appointment, the Inspector-General or the Commissioner shall, as soon as may be before the expiration of the period of probationary appointment, forward a recommendation that the officer be confirmed to the responsible officer who will refer it, with his comments, to the secretary. (3) If, after consideration of the matters referred to in sub-regulation (1), the Inspector-General or the Commissioner is of the opinion that the work and conduct of an officer in a probationary appointment have been of a standard to justify confirmation in a pensionable office, but the officer has not completed the examinations required for his appointment, the Inspector-General or the Commissioner shall, as soon as may be before the expiration of that officer's probationary appointment, forward a report together with his recommendations as to the period of further probationary service which the officer should be granted in order to pass the required examinations to the responsible officer who will refer it, with his comments, to the secretary. (4) If, after consideration of the matters referred to in sub-regulation (1), the Inspector-General or the Commissioner is of the opinion that the work or conduct of an officer in a probationary appointment has not been satisfactory, he shall so inform the officer in writing and indicate whether he proposes to recommend(a) an extension of the officer's probationary service to show whether he can overcome the defects noted: or (b) that the officer's probationary appointment should be terminated.

(5) The Inspector-General or the Commissioner shall, when giving to an officer the information mentioned in sub-regulation (4), ask the officer whether he wishes to make, within a period to be appointed by the

Inspector-General or the Commissioner, any representations on the recommendations proposed. On the expiration of the period allowed to the officer to make any representations, the Inspector-General or the Commissioner shall forward a report on the officer, together with a copy of the letter to the officer and of the latter's representations, if any, his comments thereon and a recommendation either that the period of probationary service should be extended or that the officer should not remain in the Force, to the responsible officer for action. (6) The responsible officer may dismiss any officer on probation who commits a serious disciplinary offence and may in any case terminate the appointment of such officer by giving him one month's notice in writing or one month's salary in lieu of notice. Any officer on probation may terminate his service by giving the responsible officer one month's notice or by paying one month's salary in lieu of notice. Compulsory 26. If the responsible officer is of the opinion that an officer who is serving in the Force and who holds a pensionable office should be called retirement upon to retire from the Force on the grounds that he has attained the age at which he can, under the provisions of the appropriate Pensions Act, lawfully be required to retire from the Force, the responsible officer shall(a) inform such officer that he intends to recommend that such officer be compulsorily retired from the Force; (b) ask such officer whether he wishes to make, within a period of time to be appointed by the responsible officer, any representations why he should not be so retired; and (c) after the expiration of such period, forward his recommendations together with a copy of his letter to such officer and the latter's representations, if any, and his comments thereon to the secretary. 27. (1) If the Inspector-General or the Commissioner recommends that Acting appointments an officer should act for a period of not less than thirty days in a post higher than that held substantively, or for a period of less than thirty days where it is required by law that the functions of the higher post may be exercised only by a person authorised by notification in the Gazette to exercise those functions, and that higher post is prescribed by the Government as a post carrying an acting allowance, he will so inform the responsible officer.

(2) If any recommendation made under sub-regulation (1) involves the supersession of any more senior officers serving in the Force, detailed reasons for the supersession of each such officer shall be forwarded with the recommendation. (3) The responsible officer shall forward the Inspector-General's or the Commissioner's recommendations, with his comments, to the secretary. (4) In considering recommendations for acting appointments, the Commision shall apply the standards prescribed in regulation 13, except that consideration may also be given to the exigencies of the Force. 28. (1) No officer shall be considered for promotion unless he has passed the appropriate examinations organised by the Commission, the Inspector-General or the Commissioner. (2) As soon as an officer passes any appropriate examination, the Inspector-General or the Commissioner will notify the secretary through the responsible officer accordingly. (3) If the Inspector-General or the Commissioner considers that the officer is unable to pass any of the examinations referred to in sub-regulation (1) for reasons other than the officer's failure to pass the examinations required for his appointment, the Inspector-General or the Commissioner shall report to the responsible officer the reasons causing the officer's failure. The responsible officer will transmit the reasons, with his comments, to the secretary. 29. If, upon consideration of a recommendation made by the Inspector-General or the Commissioner that an officer serving in the Force should be confirmed in a pensionable post, the Commission is of the opinion that it requires further information, the Commission may through the responsible officer refer the matter back to the Inspector-General or the Commissioner for a further report. 30 (1) Where an officer is serving on an agreement for a specified period of service and the Inspector-General or the Commissioner desires to retain his services for a further tour of service then, not later than thirty-three months after the officer's first day of resident service or Further reports Force examinations

Renewal of agreements and admission to permanent and

three months before the officer' last day of duty, whichever is the earlier, pensionable the Inspector-General or the Commissioner shall invite the officer in establishment writing either, if the officer be so eligible, to apply for admission to the permanent and pensionable establishment or, if the officer is ineligible for admission to the permanent and pensionable establishment, to apply to be engaged for a further period of service. If the officer states either that he does not wish to be admitted to the permanent and pensionable establishment or to be engaged for a further period of service, no further action will be necessary. If the officer duly applies either to be admitted to the permanent and pensionable establishment or to be engaged for a further period of service, the Inspector-General or the Commissioner shall forward to the responsible officer the officer's application together with his recommendation and state whether the officer has passed the relevant examinations, if any, the details of which must be given. The responsible officer shall forward the officer's application and the Inspector-General's or the Commissioner's recommendations, with his comments, to the secretary. (2) Where an officer is serving on an agreement for a specified period of service and the Inspector-General or the Commissioner does not wish to retain the services of such officer for a further period of service, then the Inspector-General or the Commissioner shall so inform the officer in writing not later than five months before the officer's last day of duty and ask the officer if he has any representations to make within such period as may be appointed by the Inspector-General or the Commissioner. If the officer does not wish to be engaged for a further period of service no further action will be necessary. If the officer does make representations, the Inspector-General or the Commissioner shall forward a full statement of reasons for recommending that the officer should not be engaged for further service, together with a copy of his letter to the officer and the latter's representations and his comments thereon, to the responsible officer who will forward them, with his comments, to the secretary. (3) If the Commissioner is satisfied that a post which an expatriate officer occupies cannot be easily or immediately Zambianised, the Commission may extend or renew the officer's contract at or near its end. (4) The Commission may consider offering contract terms to any suitably qualified candidate for appointment who is over the age of forty-five.

(5) A married woman may be appointed to the Force on permanent and pensionable terms and conditions of service should she so desire. However, should her marriage cause a break in the service, she shall be granted unpaid leave until such time as she can resume service with the Force. If during this period of unpaid leave the officer is prepared to continue to contribute to the Civil Service Pension Scheme, then this period shall count towards pensionable service but not otherwise.

PART IV
DISCIPLINE

31. (1) Whenever it comes to the notice of a disciplinary authority that a criminal offence likely to warrant disciplinary proceedings may have been committed by an officer, it shall be the duty of the disciplinary authority to inform the responsible officer forthwith.

Procedure when criminal offence may have been committed

(2) Whenever it comes to the notice of the responsible officer that a criminal offence likely to warrant disciplinary proceedings may have been committed by an officer, or whenever the responsible officer is so informed under sub-regulation (1), it shall be the duty of the responsible officer to consult the Director of Public Prosecutions as to whether criminal proceedings are being instituted against such an officer. (3) Where, after consultation with the Director of Public Prosecutions, the responsible officer is informed that criminal proceedings are not being instituted as aforesaid, it shall be the duty of the responsible officer to decide whether disciplinary proceedings are to be instituted against the officer and to give directions accordingly. (4) Whenever criminal proceedings are instituted against an officer, it shall be the duty of the responsible officer to submit a report forthwith to the secretary setting out the facts of the case, together with a statement as to whether such an officer has been suspended under regulation 32. 32. (1) The responsible officer or supervising officer may suspend an Suspension of officer from the exercise of the powers and functions of his office if he is officers

satisfied that the public interest so requires when(a) criminal proceedings are instituted against such officer; or

(b) disciplinary proceedings for his dismissal are instituted or are about to be instituted against such officer. (2) Whenever the responsible officer or supervising officer suspends an officer under this regulation, he shall notify such officer in writing of the reasons and shall deliver a copy of the notice to the secretary or responsible officer, as the case may be. (3) An officer who is suspended under sub-regulation (1) shall, during the period of his suspension, receive such proportion of his salary, not being less than half of his salary, as the responsible officer may direct. (4) Where criminal or disciplinary proceedings have been instituted against an officer under suspension and such officer(a) is not convicted as a result of such criminal proceedings; and

(b) is not subjected to any punishment under these Regulations as a result of such disciplinary proceedings; the whole amount of his salary withheld under sub-regulation (3) shall, upon the expiry of the period of his suspension, be paid to him. (5) Where criminal or disciplinary proceedings have been instituted against an officer under suspension and such officer(a) is or is not convicted as a result of such criminal proceedings, if any; and (b) is subjected to any punishment under these Regulations, other than dismissal, as a result of such disciplinary proceedings; he shall, upon the expiry of the period of his suspension, be paid such proportion of his salary withheld under sub-regulation (3) as the Commission may direct.

(6) Subject to the provisions of sub-regulation (3), the suspension of an officer shall have effect during such period, and in accordance with such conditions, as the Commission shall specify by notice in writing to such officer: Provided that, where it appears expedient, the Commission may at any time during such period abridge or extend such period by further notice in writing to such officer. (7) An officer who is suspended under this regulation shall not leave Zambia without the permission of the responsible officer during the period of his suspension. (8) In this regulation"salary" includes any personal allowance, inducement allowance and direct payments made under assistance schemes. 33. Where criminal proceedings are instituted against an officer, no disciplinary proceedings shall be instituted against such officer upon any ground which is the subject of such criminal proceedings, or, if such disciplinary proceedings have been instituted, they shall be suspended, until the conclusion of such criminal proceedings and the determination of any appeal therefrom. Suspension of disciplinary proceedings pending final determination of criminal proceedings Suspension following criminal conviction

34. (1) Where, as a result of criminal proceedings, an officer is convicted of an offence likely to warrant disciplinary proceedings for his dismissal, the responsible officer shall, by notice in writing to such officer, suspend him from the exercise of the powers and functions of his office and shall deliver a copy of such notice to the secretary. (2) Where disciplinary proceedings are instituted against an officer suspended under sub-regulation (1), the responsible officer shall direct that a proportion of his salary not being less than half be withheld, as from the date of his suspension, pending the determination of such disciplinary proceedings. (3) Where disciplinary proceedings instituted against an officer

suspended under this regulation do not result in his dismissal, he shall be paid such proportion of his salary withheld under sub-regulation (2) as the Commission may direct. (4) Subject to the provisions of this regulation, the suspension of an officer shall have effect during such period, and in accordance with such conditions, as the Commission shall specify by notice in writing to such officer: Provided that, where it appears expedient, the Commission may at any time during such period abridge or extend such period by further notice in writing to such an officer. Procedure after 35. (1) Where an officer is convicted of an offence likely to warrant disciplinary proceedings, such disciplinary proceedings shall, subject to conviction of the provisions of regulation 33, be instituted and determined in officer accordance with this regulation. (2) Upon the conviction of an officer, it shall be the duty of the responsible officer to obtain(a) a true copy of the charge;

(b) a true copy of the judgment of the court by whom such an officer was convicted; (c) in the case of any appeal, a true copy of the judgment of any court by whom such appeal was determined; and (d) a true record of the proceedings of every such court, if available.

(3) The responsible officer shall institute disciplinary proceedings against an officer under this regulation by delivering to such officer a written statement setting out particulars of the charge or charges and of the grounds upon which such disciplinary proceedings are instituted, together with a notice requiring such an officer to submit to the responsible officer, within such period as the responsible officer shall specify, an exculpatory statement in writing of the grounds on which such an officer relies to exculpate himself.

(4) The responsible officer shall submit, with his comments, the documents obtained under sub-regulation (2) together with the statement of the charge or charges and the exculpatory statement, if any, referred to in sub-regulation (3), to the secretary. (5) Notwithstanding the provisions of regulations 37, 38 and 39, the Commission may consider any disciplinary proceedings instituted against an officer under this regulation upon perusal of the documents referred to in sub-regulation (4), and may, in like manner, determine whether such an officer is to be dismissed or subjected to some other punishment on account of the offence of which he is convicted. 36. An officer acquitted of a criminal charge in any court shall not be dismissed or otherwise punished for any charges upon which he has been so acquitted, but nothing in this regulation shall prevent his being dismissed or otherwise punished on any other charges arising out of his conduct in the same matter. 37. (1) Subject to the provisions of regulation 35, disciplinary proceedings against an officer under these Regulations shall be instituted by the disciplinary authority: Proceedings after acquittal on criminal charge

Institution and form of disciplinary proceedings

Provided that the responsible officer may, in any case where he considers it necessary or desirable, assume and exercise the functions of the disciplinary authority in relation to such disciplinary proceedings, and, without prejudice to the provisions of sub-regulation (2) of regulation 40, the provisions of these Regulations shall apply mutatis mutandis to such disciplinary proceedings as they apply to disciplinary proceedings instituted by a disciplinary authority. (2) Subject to the provisions of regulation 35, disciplinary proceedings instituted against an officer who(a) has misconducted himself in such a manner as would, in the opinion of the disciplinary authority, warrant his dismissal or discharge or demotion or reduction in salary or a fine, shall be formal disciplinary proceedings; and (b) has misconducted himself in such a manner as would, in the

opinion of the disciplinary authority, warrant punishment other than a punishment referred to in sub-paragraph (a) above shall be summary disciplinary proceedings. (3) In this regulation"formal disciplinary proceedings" means disciplinary proceedings under regulation 38; "summary disciplinary proceedings" means disciplinary proceedings under regulation 39. 38. (1) Any disciplinary proceedings instituted against an officer referred to in paragraph (a) of regulation 37 (2) shall be instituted and determined in accordance with this regulation. (2) Whenever a disciplinary authority institutes disciplinary proceedings against an officer (in this regulation referred to as "the accused officer") under this regulation, he shall do so, after such consultation with the Director of Public Prosecutions as he considers necessary, by delivering to the accused officer a written statement setting out particulars of the charge or charges and of the grounds upon which such disciplinary proceedings are instituted, together with a notice in writing requiring the accused officer to submit to the disciplinary authority, within such period as the disciplinary authority shall specify, an exculpatory statement in writing of the grounds on which the accused officer relies to exculpate himself. (3) Upon the expiry of the period specified in the notice delivered to the accused officer under sub-regulation (2), the disciplinary authority shall consider the exculpatory statement, if any, of the accused officer and may(a) exculpate the accused officer and inform him accordingly in writing; or (b) subject to the provisions of regulation 40, impose such punishment on the accused officer as is proper, having regard to all the circumstances of the case; or (c) submit the case, together with a statement of the charge or charges, the exculpatory statement, if any, of the accused officer and the Formal disciplinary proceedings

written comments of the disciplinary authority, to the responsible officer. (4) The responsible officer shall consider any case submitted to him under paragraph (c) of sub-regulation (3) and the documents therein referred to and may(a) exculpate the accused officer and direct the disciplinary authority to inform the accused officer accordingly; or (b) subject to the provisions of regulation 40, impose such punishment on the accused officer as is proper, having regard to all the circumstances of the case; or (c) submit the case, together with the documents referred to in paragraph (c) of sub-regulation (3) and a written report thereon, to the secretary for consideration and determination by the Commission. (5) Where it appears to the Commission, upon consideration of the report of the responsible officer and the exculpatory statement, if any, of the accused officer and all other documents submitted for its consideration under sub-regulation (4), that further investigation of the case is necessary, the Commission shall, subject to the provisions of sub-regulation (6), appoint a committee to carry out such further investigations as the Commission may direct. (6) A committee appointed under sub-regulation (5) (hereinafter referred to as "the committee") shall consist of not less than three members who shall be public officers, and(a) one member shall be a legal practitioner; and

(b) the other members shall be appointed with due regard to the office of the accused officer. (7) The committee shall, as soon as may be practicable and before it takes any further step in carrying out an investigation under this regulation, give notice in writing to the accused officer stating that, on a date, and at a place and time, specified in such notice, it intends to investigate such matters as shall be specified in such notice and that the

accused officer is required or, as the case may be, permitted to appear before the committee during such investigation. (8) Whenever any person other than the accused officer is questioned by the committee in the course of an investigation under this regulation, the accused officer shall be given an opportunity of being present and of putting questions on his own behalf to such person, and any document used by the committee in the course of its investigation shall be made available for scrutiny by the accused officer at his request. (9) If the accused officer so requests and it appears to the committee necessary or desirable, the committee may permit the accused officer to be represented by a legal practitioner or by a public officer nominated by the accused officer or nominated, with the consent of the accused officer, by the committee, and the provisions of sub-regulation (8) shall apply in relation to such legal practitioner or such public officer as they apply to the accused officer. (10) Where it appears to the committee, as a result of its investigation under this regulation, that there are grounds for instituting disciplinary proceedings, other than those in respect of which the committee is appointed, against the accused officer, the committee shall so inform the disciplinary authority in writing. (11) On completion of its investigation under this regulation, the committee shall prepare and submit to the Commission a written report setting out the matters investigated by the committee, and such report shall include(a) a statement whether, in the opinion of a majority of the members of the committee, the accused officer committed the charge or charges alleged against him and investigated by the committee, and a brief statement of the reasons for that opinion; (b) particulars of any matters which, in the opinion of a majority of the members of the committee, tend to aggravate or mitigate, as the case may be, the gravity of the case; and (c) a clear summary of the findings of the committee or, in the case of dissent among the members, of a majority of the members thereof, on the matters investigated by the committee:

Provided that the committee shall not make any recommendation as to, or otherwise comment on, the form of punishment which may be imposed on the accused officer. (12) The Commission may, after consideration of a report submitted to it under sub-regulation (11), refer the report to the committee for clarification of any matter arising thereon or therein contained, or for further investigation and report under this regulation as the Commission may direct, and the committee shall comply with any such direction as soon as may be practicable. (13) The Commission shall consider all matters submitted to it for its consideration and determination under this regulation, including any report submitted under sub-regulation (11) or (12), and shall determine, subject to the provisions of regulation 40, whether any punishment is to be imposed on the accused officer, and it shall give directions accordingly. (14) It shall be the duty of the disciplinary authority to give notice in writing to the accused officer of any punishment imposed on him under this regulation and such notice shall, except in the case of a severe reprimand or a reprimand or any punishment imposed by the Commission, inform the accused officer of his right to appeal under regulation 42. 39. (1) Any disciplinary proceedings instituted against an officer referred to in paragraph (b) of regulation 37 (2) shall be instituted and determined in accordance with this regulation. (2) Whenever a disciplinary authority institutes disciplinary proceedings against an officer (in this regulation referred to as "the accused officer") under this regulation, he shall do so, after such investigation as he considers necessary, by delivering or causing to be delivered to the accused officer a written statement setting out particulars of the charge or charges and of the grounds upon which such disciplinary proceedings are instituted, together with a notice in writing requiring the accused officer to submit to the disciplinary authority, within such period as the disciplinary authority shall specify, an exculpatory statement in writing of the grounds on which the accused Summary disciplinary proceedings

person relies to exculpate himself. (3) Upon the expiry of the period specified in the notice delivered to the accused officer under sub-regulation (2), the disciplinary authority shall consider the exculpatory statement, if any, of the accused officer and shall(a) subject to the provisions of regulation 40, impose such punishment on the accused officer as is proper, having regard to all the circumstances of the case; or (b) exculpate the accused officer and inform him accordingly in writing. (4) Notwithstanding the foregoing provisions of this regulation, where it appears to the disciplinary authority, after such investigation as he considers necessary, that disciplinary proceedings instituted under this regulation would warrant a punishment not more severe than a reprimand, the disciplinary authority may institute such disciplinary proceedings by conveying a reprimand to the accused officer without a written statement of the charge or of the grounds upon which such disciplinary proceedings are instituted, and it shall be sufficient compliance with this regulation if the disciplinary authority, by notice in writing given to the accused officer, thereafter confirms such reprimand and specifies the reasons therefor. (5) Except in the case of a reprimand imposed under sub-regulation (4), it shall be the duty of the disciplinary authority to give notice in writing to the accused officer of any punishment imposed on him under this regulation. (6) Except in the case of a severe reprimand or a reprimand, every notice given under sub-regulation (5) shall inform the accused officer of his right to appeal under regulation 42. 40. (1) The Commission may impose any one or more of the following Punishments punishments under these Regulations: which may be imposed by Commission, responsible

officer or disciplinary authority (a) (b) (c) (d) (e) (f) (g) (h) (i) (j) dismissal; discharge, by due notice or by payment of salary in lieu thereof; reduction in rank; reduction in salary; reduction in seniority; deferment of increment; stoppage of increment; withholding of increment; severe reprimand; reprimand.

(2) The responsible officer may impose any one or more of the following punishments under these Regulations in the case of an officer serving in Divisions I, II and III: (a) (b) (c) (d) (e) reduction in salary; fine; deferment of increment; stoppage of increment; withholding of increment;

(f) (g)

severe reprimand; reprimand.

(3) A supervising officer may impose any one or more of the following punishments under these Regulations on an officer serving in Divisions II and III: (a) (b) (c) (d) (e) (f) fine; deferment of increment; stoppage of increment; withholding of increment; severe reprimand; reprimand.

41. (1) A disciplinary authority shall make a report of all disciplinary Reports and proceedings instituted and determined by him, including disciplinary records of proceedings where no punishment is imposed, to the responsible officer. disciplinary proceedings determined by disciplinary authority or responsible officer (2) The responsible officer shall review all disciplinary proceedings reported to him under sub-regulation (1) and may, if he considers that the punishment imposed was too severe or too lenient or that no punishment should have been imposed or that a punishment should have been imposed where no punishment was imposed, refer the matter to the disciplinary authority for further report, as the responsible officer may direct. (3) The responsible officer shall make a report to the secretary of every

case where disciplinary proceedings are determined by him or by the disciplinary authority and shall submit therewith any report made to him under the foregoing provisions of this regulation, together with a copy of the relevant charge or charges, a copy of any relevant exculpatory statement, if any, and a copy of any notice required to be given under regulation 38 or 39 of the result of such disciplinary proceedings. (4) The responsible officer shall keep records of all matters submitted or required to be submitted to him under this regulation and shall submit the same to the Commission from time to time, as the Commission may direct. 42. (1) Except in the case of punishment imposed by the Commission, an officer may appeal to the Commission against any punishment, other than a reprimand or a severe reprimand, imposed on him under these Regulations. Appeals against punishment imposed by disciplinary authority or responsible officer

(2) Every appeal made by an officer under this regulation shall be in writing addressed to the disciplinary authority or, as the case may be, to the responsible officer by whom the punishment is imposed, and shall set out clearly the grounds of appeal, and every such appeal shall be delivered to the disciplinary authority or to the responsible officer as aforesaid not later than twenty-one days from the date of the notice given to such an officer informing him of the punishment imposed. (3) Every appeal under this regulation shall(a) in the case of an appeal delivered to a disciplinary authority under sub-regulation (2), be submitted by the disciplinary authority to the responsible officer: (b) (i) (ii) in the case of an appealdelivered to the responsible officer under sub-regulation (2): or submitted to the responsible officer under paragraph (a);

be submitted by the responsible officer to the secretary for consideration and final determination by the Commission.

(4) In considering any appeal under this regulation, the Commission may give such directions under sub-regulation (4) of regulation 41 as it may deem necessary for purposes of determining the appeal. (5) Every determination of the Commission under this regulation shall have effect in accordance with the directions of the Commission, and notice in writing thereof shall be given by the responsible officer to the appellant. 43. (1) Notwithstanding the provisions of these Regulations, if the responsible officer considers that an officer should be retired from the Force on the grounds of public interest, he shall(a) obtain and consider reports submitted on the officer as to his work and conduct; (b) inform the officer of the tenor of such reports and allow him an opportunity within a period to be appointed by the responsible officer of showing cause why he should not be retired from the Force. (2) If, on the expiration of the period allowed to the officer to show cause why he should not be retired from the Force, the responsible officer, after considering the statement of the officer, if any, and having had regard to all the circumstances of the case, is of the opinion that such officer should be retired from the Force, he shall forward the reports obtained in pursuance of paragraph (a) of sub-regulation (1) and the statement of the officer, together with his comments thereon, to the secretary. (3) If, upon consideration of the report made by the responsible officer in pursuance of sub-regulation (2), the Commission is of the opinion that the facts disclosed warrant the institution of proceedings for the retirement in the public interest or the dismissal of the officer or the imposition of some lesser penalty than dismissal, the Commission may direct the responsible officer to institute proceedings against the officer under the provisions of regulation 38. 44. Subject to the provisions of regulation 3, the provisions of this Part Application of shall apply to every officer including an officer serving on contract or Part IV to Retirement in public interest

agreement, whether on a temporary basis or otherwise, and any term or officers serving condition in such contract or agreement providing for the termination of on contract the services of such an officer shall be construed to be in addition to, and not in derogation of, the provisions of this Part. 45. (a) Where under the provisions of these Regulationsit is necessaryService of documents

(i) to deliver or serve any notice, charge or other document to or upon any officer; or (ii) to communicate any information to any officer by reason of such officer having absented himself from duty; and (b) it is not possible to effect such delivery or service, or to communicate such information, to an officer personally; it shall be sufficient if such notice, charge or other document, or a letter containing such information, be served upon such an officer by registered post to his last known address.

PART V MISCELLANEOUS
46. Any officer who submits any matter for the consideration of the Production of Commission shall ensure that all relevant documents and papers are relevant made available to the Commission and the Commission may require the documents, etc. production of any further documents or information relevant to the matter under consideration. 47. All correspondence for the Commission from the responsible officer and other persons shall be addressed to the secretary unless otherwise provided by these Regulations. Correspondence

48. Any case not covered by these Regulations shall be reported to the Cases not secretary and the Commission shall determine the procedure to be otherwise adopted. provided for

FIRST SCHEDULE

(Regulation 18)

THE POLICE AND PRISON SERVICE COMMISSION OATH OF MEMBER OF COMMISSION


I, , having been appointed as Chairman/member of the Police and Prison Service Commission do swear that I will, without fear or favour, affection or ill will, discharge the functions of the office of Chairman/member of the Police and Prison Service Commission, and that I will not, directly or indirectly, reveal any matters relating to such functions to any unauthorised person or otherwise than in the course of duty. SO HELP ME GOD Sworn/Declared before me this ...................................... , 19 ....... day of

Judge

SECOND SCHEDULE
(Regulation 18)

THE POLICE AND PRISON SERVICE COMMISSION OATH OF SECRETARY AND STAFF OF COMMISSION
I,..... ...., having been appointed to exercise the functions of secretary/a member of the staff of the Police and Prison Service Commission, do swear that I will not, directly or indirectly, reveal to any unauthorised person or otherwise than in the course of duty the contents or any part of the contents of any documents, communication or information whatsoever which may come to my knowledge in the course of my duties as such. SO HELP ME GOD Sworn/Declared before me this ....................................... , 19.... day of

Commissioner for Oaths

CHAPTER 260 THE PUBLIC SERVICE PENSIONS ACT


ARRANGEMENT OF SECTIONS

PART I PRELIMINARY Section 1. 2. Short title Interpretation

PART II PUBLIC SERVICE PENSIONS FUND BOARD 3. 4. 5. 6. 7. 8. Establishment of Public Service Pensions Fund Board Directors of Board Proceedings of Board Secretary Functions of Board Powers of Board

PART III PUBLIC SERVICE PENSIONS FUND 9. 10. 11. 12. 13. 14. 15. 16. Establishment of Public Service Pensions Fund Membership of Fund Vesting of Fund Chief Executive Qualifications of Chief Executive Functions of Chief Executive Other Staff Objectives of Fund

17.

Reports to Parliament

PART IV FINANCE AND MANAGEMENT OF FUND Section 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. Dissolution of existing fund and repeal of enabling legislation Transfer of assets Property of Fund Payments Protection of member's account Application of Fund Appointment of actuary Actuarial valuation of Fund Action on actuarial report Financial year Accounts and audit Investment of Fund

PART V CONTRIBUTIONS 30. 31. 32. Persons required to contribute and rates of contribution Voluntary contributions for previous service Method of payment of contributions

PART VI AGE OF RETIREMENT 33. 34. 35. Age of retirement Death after twenty years service Service after retirement

PART VII

BENEFITS ON DISMISSAL 36. 37. 38.

RESIGNATION,

DISCHARGE

OR

Benefits on resignation Benefits on discharge Benefits on dismissal

PART VIII BENEFITS ON RETIREMENT Section 39. Benefits for officers retiring on abolition of post or to effect greater efficiency or economy 40. Benefits for officers retiring on grounds of ill health 41. Benefits for officers retiring on grounds not otherwise described PART IX BENEFITS FOR SPOUSES DECEASED PENSIONERS 42. 43. 44. 45. 46. AND CHILDREN OF

Benefits on death of probationer Benefits on death of officer Special death gratuity Pensions for spouses Pensions for children

PART X MISCELLANEOUS 47. Information relevant to payment of benefits to be furnished

48. Circumstances when benefits may be withheld, suspended or reduced 49. 50. Termination or reduction of pension to spouse Pensions in relation to spouse and children of polygamous

marriage 51. 52. 53. 54. 55. 56. Medical examination or treatment of certain pensioners Resumption of duty by officer retired on grounds of ill health Computation of pensions Transitional provisions and conditions of service Regulations Act to bind the Republic

FIRST SCHEDULE-Transitional provisions SECOND SCHEDULE-Conditions of service relating to death or injury in the course of duty THIRD SCHEDULE-Commutation Table

CHAPTER 260

PUBLIC SERVICE PENSIONS

Act No. 35 of 1996 Statutory Instrument 31 of 1997

An Act to consolidate the law relating to pensions and other benefits for persons employed in the Public Service; and to provide for matters connected therewith or incidental to such consolidation. [12th December, 1996 PART I PRELIMINARY 1. (1) This Act may cited as the Public Service Pensions Act. 2. In this Act, unless the context otherwise requiresShort title Interpretation

"appropriate authority", in any case, means the authority charged by the Constitution or other written law with the power to appoint. to exercise disciplinary control over and to remove from office the person to whom that case relates;

"Board" means the Public Service Pensions Fund Board established by section four; "Child" in relation to any person entitled to a benefit by or under the provisions of this Act, means a child born in, or out of marriage, step-child, adopted child, and a posthumus child of that person, under the age of eighteen years; "dependent", in relation to any person entitled to a benefit by or under the provisions of this Act, means his spouse, child or such other relative dependent on the person for maintenance, as the Permanent Secretary, responsible for personnel management may recognise for the purposes of this Act; "due notice" means three months notice given in writing; "existing fund" means the Civil Service (Local Conditions) Pensions Fund which was established by the Zambia Civil Service (Local Conditions) Contributory Pensions Act and continued in being by the Civil Service (Local Conditions) Pensions Act, and the Pension funds established under the Defence Act and the African Education Act; Cap. 48, 1965 edition Cap. 410, Cap. 131, Cap. 231, 1972 edition

"Fund" means the Public Service Pensions Fund established by section nine; "officer" means a person serving on pensionable terms in the Public Service who has been confirmed in his appointment; "pension", means an annual pension payable during the lifetime of the recipient; "pensionable emoluments" means salary or wages, and any special personal addition to salary or wages granted without any condition that it shall not count for the purpose of calculating pension; "pensionable service" means the aggregate of continuous service, if any, in respect of which contributions have been paid under Part V; "Public Service" means the Judicial Service, the Civil Service, the

Defence Forces, the Police and Prisons Service, the Teaching Service, the Zambia Security and Intelligence Service, and any other Government Service prescribed by the President. "qualifying continuous Service" means service for a period of at least ten years for which an officer makes contributions under this Act.

PART II PUBLIC SERVICE PENSIONS FUND BOARD 3. There is hereby established the Public Service Pensions Fund Board which shall be a body corporate with perpetual succession and a common seal, capable of suing and being sued in its corporate name, and with power to acquire, hold, charge and alienate, property, real or personal, and, subject to the provisions of this Act, with power to do all such acts or things as are necessary or incidental to the performance of the duties and the exercise of the powers imposed or conferred upon it by or under the provisions of this Act. 4. (1) The Directors of the Board shall be(a) (b) (c) (d) the Permanent Secretary in the Ministry responsible for Labour; Permanent Secretary, responsible for personnel management; the Director of Budget, Ministry of Finance; a representative of the Attorney-General; Establishment of public service Pensions Fund Board

Directors

(e) the National Secretary of the Pensioners Association representing persons who have retired under this Act; (f) (g) (h) the General Secretary Of the Civil Servants Union of Zambia; the General Secretary of the National Union of Teachers; a representative of the Defence Forces;

(i) (j) (k) (l)

a representative of the Security Forces; a representative of the Chamber of Commerce; a representative of the Lusaka Stock Exchange; and two persons appointed by the President;

(2) The President shall appoint the Chairman of the Board from the members of the Board. (3) A member referred to in subsection (l) may resign upon giving one month's notice in writing to the President and may be removed by the President upon giving like notice. (4) The Office of a member shall become vacant(a) (b) if the member is declared to be of unsound mind; if the member is adjudged bankrupt;

(c) if the member is lawfully detained, or the member's freedom of movement is restricted under any law in force in Zambia for a period in excess of six months; (d) if the member is sentenced to a term of imprisonment for a period in excess of six months; (e) upon the expiration of not less that one month's notice given in writing by the member to the President of the member's intention to resign from the Board; (f) upon the expiration of not less than one month's notice given in writing by the President to the member terminating the member's appointment. 5. (1) Subject to the other provisions of this Act, the Board may Proceedings of

regulate its own procedure. (2) The Board shall meet for the transaction of business at least three times every twelve months at such places and at such times as the Chairman may decide. (3) Upon giving notice of not less than fourteen days, a meeting of the Board may be called by the Chairman and shall be called if not less than five members so request in writing: Provided that if the urgency of any particular matter does not permit the giving of fourteen days notice, a special meeting may be called, upon giving a shorter notice. (4) Seven members shall form a quorum at any meeting of the Board. (5) There shall preside at any meeting of the Board(a) the Chairman; or

Board

(b) in the absence of the Chairman, such member as the members present may elect for the purpose of that meeting. (6) A decision of the Board on any question shall be by a majority of the members present and voting at the meeting and, in the event of an equality of votes, the person presiding at the meeting shall have a casting vote in addition to his deliberative vote. (7) The Board may invite any person, whose presence is in its opinion desirable, to attend and to participate in the deliberations of a meeting of the Commission but that person shall have no vote. (8) The validity of any proceedings, act or decision of the Board shall not be affected by any vacancy in the membership of the Board or by any defect in the appointment of any member or by reason that any person not entitled to do so took part in the proceedings.

6. 7.

The Chief Executive shall be the Secretary of the Board. The functions of the Board shall be to-

Secretary Functions of Board

(a) control and administer the Fund in accordance with sound business practices and in the best interest of the members of the Fund, subject to the provisions of this Act; (b) establish a scheme for home ownership by the members of the Fund and to grant, on such terms and conditions as the Board shall determine, loans to the members of the Fund for the purpose of building or purchasing their own residential property; and (c) do all such other acts and things as may be conveniently combined or carried out together with any function conferred upon the Board by or under this Act or are incidental to or connected with the carrying out of any such function. 8. In the performance of its functions, the Board shall have power toPowers of Board

(a) cause to be carried out actuarial assessment of the Fund in accordance with the provisions of this Act; (b) co-opt any suitably qualified persons to any committee for such period as the Board may determine; (c) give such direction as it may deem fit regarding the operation of the Fund; and (d) do all such other acts and things as are necessary to give effect to the provisions of this Act.

PART III PUBLIC SERVICE PENSIONS FUND

9. (1) As from a date to be fixed by the President by statutory Public Service instrument, in consultation with the Board, there shall be constituted the Pensions Fund Public Service Pensions Fund. (2) Without further assurance the existing fund shall be transferred to the Public Service Pensions Fund. 10. The Fund shall comprise the following members: Members of Fund

(a)

the members of the existing fund; and

(b) such other persons, being employees of public service, as the Board may prescribe. 11. (1) The Fund shall be vested in the Board which shall, subject to the Vesting of Fund and transitional provisions of this Act, have the sole management and control of the affairs of the Fund. provisions (2) The law to be applied with respect to any pension benefits that will have accrued to the credit of any member of the existing fund, on the commencement of this Act, shall be the law applicable to the existing fund. (3) The formula to be applied to the contributions and benefits of a member of the Fund as from the day after the commencement of this Act, shall be the formula set out in Parts V to XI of this Act as adjusted in accordance with the provisions of subsection (4). (4) The contribution and benefit structure set out in Parts V to IX shall, on the commencement of this Act, be subject to adjustment by the President, in consultation with the Board, by statutory instrument, in accordance with an actuarial valuation conducted to ascertain the viability of the Fund. 12. There shall be a Chief Executive of the Fund who shall be appointed by the Board on such terms and conditions of service as the Board may determine. Chief Executive

13. A person shall not be qualified for appointment as Chief Executive Qualifications unless the Board is satisfied that he has the academic attainments and of Chief experience relevant to the management of pension schemes. Executive 14. The Chief Executive shall, subject to the provisions of this Act and Functions of to the general directions of the Board, be responsible to the Board for the Chief Executive direction of persons serving in the Fund and for the management of the Fund and in particular for(a) the collection of contributions and other moneys due to the Fund under the provisions of this Act and the payment thereof into the Fund; (b) the payment out of the Fund of benefits and claims under this Act and of the expenditure necessary for the administration of the Fund; (c) the investment of surplus funds in accordance with the provisions of this Act; (d) accounting for all moneys received, paid out or invested under this Act; and (e) carrying out such other functions as the Board may direct. Other staff

15. The Board may appoint such other staff as it may consider necessary for the performance of the functions of the Fund. 16. The Fund shall be based on the social insurance principle of pooling resources and sharing risks and shall pursue the following objectives: (a) the Fund shall not undertake any business or make any financial commitment which is inconsistent with the basic objectives of the Fund and the interests of the members of the Fund; (b) the Fund shall appreciate the concepts of the financing of pensions, the need to take account of long-term liabilities, and the linkage between higher benefits and higher contributions;

Objectives of Fund

(c) the Fund shall maintain a distinction between employment conditions of service (such as those relating to retrenchment and early retirement) and eligibility for pension benefits; (d) the Fund shall endeavour to maintain the real value of benefits;

(e) the Fund shall make adequate arrangements for the transfer or preservation of pension rights; (f) the Fund shall maintain a realistic contribution structure;

(g) the Fund shall make adequate arrangements to avoid noncompliance; (h) the Fund shall avoid delays and other constraints to the effective provision of adequate benefits under the Fund; (i) the Fund shall maintain current records for members and contributions; and (j) the Fund shall curb excessive administrative costs and shall ensure prudential management of the Fund. 17. The Board shall submit to Parliament annually a comprehensive report covering the operations of the Fund. Reports to Parliament

PART IV FINANCE AND MANAGEMENT OF FUND 18. As from the date mentioned in section nine, the existing fund shall Dissolution of be dissolved and the enabling legislation relating thereto shall stand existing fund repealed. and repeal of enabling legislation 19. When the existing fund is dissolved pursuant to section eighteen, Transfer of all property, real or personal, and all rights and liabilities of the existing assets

fund, and all property, real or personal, held by any person on behalf of the existing fund, shall, on the date mentioned in section eighteen, vest in the Board without any conveyance or other instrument or the authority of any court. 20. The Fund shall consist ofProperty of Fund

(a) the assets vested in the Board under the provisions of section nineteen; (b) contributions and interest paid into the Fund in accordance with the provisions of this Act; (c) income and capital appreciation derived from the holding of the assets of the Fund in any form; and (d) any other sums or assets accruing or granted to the Fund. Payments

21. (1) All contributions shall be paid into the Fund. (2) There shall be paid into the Fund each month from the general revenues of the Republic(a) the amount equal to the sum of the contributions paid into the Fund during that month or such other amount calculated with regard to those contributions as may be fixed by the President in consultation with the Board following the advice of an actuary appointed by the Board; (b) the sum of all payments made during that month to persons who have been required to retire(i) on abolition of their posts;

(ii) to facilitate an improvement, by which greater efficiency or economy could be effected in the organisation of the parts of the service to which they belonged; or (iii) in the public interest;

(c) the sum of all payments made during that month to persons who retired on the grounds of their age or length of service, if that retirement was by virtue of an election, made as provided under section thirty-five, to retain a date of retirement which is earlier than the date of retirement otherwise provided: Provided that this paragraph shall not apply to any payment made in relation to a period after the date on which an officer, had he not retired earlier, would have been required under the provisions of this Act to retire. (3) Upon the retirement of any person in respect of whom a payment is made to the Fund by virtue of paragraph (b), of subsection (2), there shall be paid from the Fund to the general revenues of the Republic an amount equal to the sum of the aggregate of the person's contribution and the aggregate of the payments to the Fund in relation to him which were made under paragraph (a) of subsection (2). (4) There shall be paid into the Fund from the general revenues of the Republic the sum of the amounts by which the interest on the investments of the Fund in any year is less than five per centum of the mean balance of the Fund in that year. 22. (1) Subject to the provisions of subsection (2), the sum standing to Protection of member's the credit of a member's account in the Fund shall, until paid out in account accordance with the provisions of this Act, remain the property of the Board and shall not form part of the assets of a member in the event of his bankruptcy or insolvency, or be liable to attachment in satisfaction of his debts; and any security, pledge or assignment given before or after the commencement of this Act which purports to include any such or part thereof shall, to that extent, be void. (2) A pension or other benefit granted under this Act shall not be assignable or transferable except for the purposes of satisfying(a) a debt due to the Fund or the Government; or

(b) an order of any court for the periodic payment of sums of money towards the maintenance of the spouse or former spouse or child or

other dependant under any written law. 23. There shall be charged on, and discharged from, the FundApplication of Fund

(a) Act;

the payment of benefits in accordance with the provisions of this

(b) the whole of the expenses incurred in connection with, or incidental to the management and administration of the Fund, including the cost of staff and the audit and actuarial assessment of the Fund; (c) any losses incurred on the realisation, or decrease in the value of any assets of the Fund; and (d) any other payments authorised to be made out of the Fund under the provisions of this Act or regulations made thereunder. 24. The Board shall appoint an actuary, who shall be a person holding Appointment of internationally recognised qualifications, to carry out the duties and actuary exercise the powers imposed or conferred upon him by the provisions of this Act. 25. (1) The Fund shall be valued by an actuary as may be required by the Board: Acturial valuation of Fund

Provided that the Fund shall be valued at intervals not exceeding three years. (2) The actuary shall, upon any valuation of the Fund, prepare a report on the state of the Fund and, in regard to any surplus or deficiency revealed, the actuary shall recommend therein what action should be taken. (3) The actuary shall submit any report prepared by him under subsection (2) to the Board which shall forthwith forward a copy to the President.

26. (1) The Board shall pay due regard to any recommendations made by the actuary and, in doing so, may cause the rates of the contribution payable in respect of members to be increased or decreased.

Action on acturial report

27. The financial year of the fund shall be the period of twelve months Financial year ending on the 31st December in each year. 28. (1) The Board shall cause to be kept proper accounts in which shall Accounts and be recorded all the financial transactions of the Fund and shall cause the audit books and accounts of the Fund to be audited as at the end of each Financial year and shall cause statements of income and expenditure, together with a balance sheet, to be prepared. (2) The Board shall appoint an auditor for each financial year. (3) The auditor appointed under subsection (2) shall audit the accounts of the Fund for the financial year for which the auditor was appointed, and shall make a report to the Board on the accounts and other documents examined, and such report shall state(a) whether or not the provisions of this Act have been complied with; (b) whether or not the auditor has obtained all the information and explanations which was required; (c) whether, in the opinion of the auditor, according to the information and the explanations given to the auditor and as shown in the books relating to the Fund, the balance sheet for the year concerned is properly drawn up so as to exhibit a true and correct view of the state of the Fund; and (d) whether the expenses of the Board incurred in the year concerned in connection with or incidental to the management and administration of the Fund are excessive. (4) As soon as the accounts of the Fund have been audited, the Board shall send a copy of the balance sheet and statement of the transactions of the Fund referred to in subsection (1) to the President together with a

copy of the report made by the auditor under subsection (3), and shall keep copies of such balance sheet and statement available for inspection by any member of the Fund. 29. (1) The investment of any moneys of the Fund not required to meet Investment of the current charges upon the Fund shall, subject to this section, be of the moneys of fund discretion of the Board which is hereby empowered to invest such moneys in any of the following ways: (a) in any interest bearing accounts of any bank or institution which is governed by any written law of Zambia; (b) in stocks, securities or funds issued by or on behalf of the Government or in stocks, securities or funds guaranteed by the Government; and (c) in such other investment as may be approved generally or specifically by the Board. (2) The Board shall not invest assets in excess of twenty per centum of its net asset value in any one form of investment.

PART V CONTRIBUTIONS 30. (1) Subject to the other provisions of this section, an officer or probationer shall contribute at the rate of seven and one quarter per centum of his pensionable emoluments or at such other rate as the President may fix by statutory order in consultation with the Board following the advice of an actuary appointed by the Board. (2) An officer or probationer shall not contribute in respect of any period of service(a) (b) prior to his attaining the age of eighteen years; or after attaining the age of his retirement under the provisions of Persons required to contribute and rates of contribution

this Act. (3) If the initial contribution of an officer or probationer would be in respect of a period commencing after the officer has attained the age of forty-five years, such officer or probationer shall not contribute. (4) Subject to subsection (5), where an officer or probationer is, during any period of the officer's or probationer's service, absent from duty with or without leave of absence, the officer or probationer shall contribute at the rate appropriate to the officer's or probationer's full pensionable emoluments during that absence whether the officer or probationer receives such emoluments or not. (5) Notwithstanding the provisions of subsection (4)(a) the appropriate authority may direct that any period during which an officer or probationer is absent from duty without leave of absence shall not count as pensionable service; or (b) an officer or probationer may elect that any period of absence exceeding thirty days which is granted to the officer or probationer on reduced pensionable emoluments or without pensionable emoluments shall not be counted as pensionable service; and, in either case, the period to which such direction or election relates shall not be counted as pensionable service and no contributions shall be paid in respect of it. 31. (1) An officer or probationer who, immediately prior to being appointed as such officer or probationer, was a temporary employee may, with the consent of the appropriate authority, elect to contribute in respect of all or any past continuous service as temporary employee(a) which was service approved by the appropriate authority for the purposes of this section; (b) which was immediately followed by service as an officer or probationer; and (c) in respect of which contributions would have been payable under section thirty if such service had been as an officer or probationer. Voluntary contributions for previous service

(2) The emoluments on which contributions shall be calculated following an election made under this section shall be the emoluments determined by the Permanent Secretary, responsible for personnel management. (3) An election made under subsection (1) shall not be valid unless made within one month of the date when the officer or probationer is advised by the Permanent Secretary, responsible for personnel management, that he may make such election, and any such election shall be irrevocable. (4) Contributions which an officer or probationer elects to make under this section shall become payable on the date of his election. 32. (1) Contributions payable under this Part shall be payable monthly Method of payment of in arrears and shall ordinarily be effected by deduction from any contributions pensionable emoluments payable to the officer or probationer and, in calculating the amount of any contribution, any fraction of the Kwacha shall be taken as one Kwacha. (2) An officer or probationer who(a) proceeds on leave with reduced pensionable emoluments or without pensionable emoluments; and (b) has made no election under subsection (5) of section thirty:

may elect to defer the payment of contributions in respect of the period of his leave until the expiration of that leave. (3) Unless paid within one month from the date when they become payable, any contributions which are deferred under subsection (2) or become payable under section thirty-one shall be paid with interest at the ruling Central Bank deposit rate in such manner as the Board shall determine. (4) Any contributions. including interest thereon, due under this Part which remain unpaid when any pension or other benefit becomes

payable under this Act in respect of the officer or probationer from whom the contributions are due shall be deducted in such manner as the Board may determine from such pension or other benefit.

PART VI AGE OF RETIREMENT 33. Subject to the other provisions of this section or any other written Age of law, an officer shall retire on the fifty-fifth anniversary of the date of his retirement birth: Provided that(i) any member of the Defence Forces, or an officer of or below the rank of Chief Inspector in the Police Force, or an officer of or below the rank of Chief Officer III in the Prisons Service, may, on giving due notice, retire on or after attaining the age of forty-five years or after completing twenty years service whichever is the earlier; (ii) the appropriate authority may, in consultation with the Board, prescribe earlier or later dates for the retirement of all or any of its officers. 34. (1) An officer who dies after completing twenty years service shall Death after be deemed to have retired immediately before the date of his death. twenty years services (2) The estate of an officer to whom subsection (1) applies shall be entitled to the commutation of two thirds of the pension payable in lump sum. 35. No service by any officer after the date for his retirement by or Service after under this section shall be taken into account in calculating any pension retirement or lump sum payment under this Act.

PART VII

BENEFITS ON DISMISSAL

RESIGNATION,

DISCHARGE

OR

36. (1) Subject to the provisions of Part XI and of subsection (3), an officer or probationer who resigns shall be entitled to a lump sum calculated as follows: SC + (SC x I x Y); where SC = the sum of the officer's contributions; I = interest at current Central Bank deposit rate; and Y = the number of completed years in respect of which the officer has contributed. (2) If a person who is entitled to a lump sum under subsection (1) resigns without due notice, the appropriate authority may, deduct from that payment such sum as that authority may determine, being not more than the pensionable emoluments of the person, for that period of notice. 37. A probationer who is discharged shall be refunded the sum of the contributions the officer made plus interest at the ruling Central Bank deposit rate.

Benefits on resignation

Benefits on discharge

38. Any officer or probationer who is dismissed shall be refunded the Benefits on sum of the contributions the officer made plus interest at the ruling dismissal Central Bank deposit rate.

PART VIII BENEFITS ON RETIREMENT 39. (1) Subject to the provisions of Part XI and of subsection (2), an Benefits for officer who retires on the abolition of his post or to facilitate an officers retiring improvement by which greater efficiency or economy could be effected on abolition of

in the organisation of the part of the service to which the officer belongs post or to effect shall be entitled with effect from the date of the officer's retirement to greater receive a pension calculated as follows: efficiency or economy KA x B + KA x D ; C 60 where KA = his pensionable emoluments; B = the number of completed months of his pensionable service; C = the age at which he retires, expressed in complete months; D = the number of completed periods of three years in his pensionable service, to a maximum of ten. (2) A pension payable under subsection (1) shall not exceed(a) the pension, calculated with reference to the salary scale on which the officer was serving at the time of retirement, to which the officer would have been entitled if the officer had continued to hold the post the officer held at the date of retirement until the date on which the officer would otherwise have retired under the provisions of this Act having received all scale increments for which the officer would have been eligible by that date; or (b) two-thirds of the highest annual rate of pensionable emoluments received by the officer at any time during the officer's pensionable service. 40. (l) Subject to the provisions of Part XI, an officer who retires on medical evidence to the satisfaction of the appropriate authority that he is incapable by reason of infirmity of mind or body of discharging the duties of his office and that such infirmity is likely to be permanent shall, with effect from the date of the officer's retirement, be entitled(a) if the officer's pensionable service amounts to less than ten years, to a lump sum, calculated as follows: Benefits for officers retiring on grounds of ill health

SC + (SC x I x Y); and (b) if the officer's pensionable service amounts to ten years or more, to a pension calculated as follows:

(i) in the case where the officer's infirmity is, in the opinion of the appropriate authority, due to or occasioned by the officer's own defaultKA x B C (ii) in the case where the officer's infirmity is not, in the opinion of the appropriate authority, due to or occasioned by the officer's own defaultKA x B + KA x D x 7 C 7,200 (2) For the purposes of the calculations set out in subsection (l)KA = pensionable emoluments; B = the number of completed months of pensionable service; C = the age at which an officer retires, expressed in complete months; D = the number of complete months remaining from the officer's retirement until the date on which he would otherwise have retired under the provisions of this Act; SC = the sum of the officer's contributions; I = interest at current Central Bank deposit rate; Y = the number of completed years in respect of which the officer has contributed. 41. Subject to the provisions of Part X, an officer who retires under Benefits for

section thirty-three on grounds other than those described in sections thirty-nine and forty shall, with effect from the date of the officer's retirement, be entitled-

officers retiring on grounds not otherwise described

(a) if the officer's pensionable service amounts to less than ten years, to a lump sum calculated as follows: SC + (SC x l x Y); or (b) if the officer's pensionable service amounts to ten years or more, to a pension calculated as follows: KA x B ; C where KA = the officer's pensionable emoluments; B = the number of completed months of the officer's pensionable service; C = the age at which the officer retires expressed in complete months; SC = the sum of the officer's contributions; I = interest at current Central Bank deposit rate; Y = the number of completed years in respect of which the officer has contributed.

PART IX BENEFITS FOR SPOUSES DECEASED PENSIONERS AND CHILDREN OF

42. (1) Subject to the provisions of Part X, if a probationer dies, there shall be paid the gratuity which would have been payable to the officer under section thirty-six had the officer resigned on the date of the officer's death and such lump sum payment shall be in addition to any benefit payable under Part X.

Benefits on death of probationer

(2) A lump sum payable under subsection (1) shall be paid in accordance with(a) the will left by the deceased; or Cap. 59

(b) where the deceased has not left a will, the mode of distribution specified in the Intestate Succession Act.

43. (1) Subject to the provisions of Part X, if an officer dies and no Benefits on pension, other than a pension payable in respect of injury or death, is death of officer payable to any remaining spouse or child, there shall be paid a lump sum equal to the sum which would have been payable to the officer under section thirty-six had the officer resigned on the date of his death. (2) A lump sum payable under subsection (1) shall be paid in accordance with(a) the will left by the deceased; or Cap. 59

(b) where the deceased has not left a will, the mode of distribution specified in the Intestate Succession Act. 44. (1) Subject to the provisions of Part X, a gratuity shall be paid in respect of an officer who dies, and whose death, in the opinion of the appropriate authority, was not caused by any wrongful act or omission on the part of such officer in discharging the officer's official duties. (2) A gratuity payable under this section shall be equal to the officer's annual pensionable emoluments at the date of the officer's death and shall be paid(a) in accordance with the will left by the deceased; or

Special death gratuity

(b) where the deceased has not left a will, in accordance with the mode of distribution specified in the Intestate Succession Act.

Cap. 59

45. (1) Subject to the provisions of Part X, if an officer whose

Pensions for

pensionable service amounts to ten years or more dies and leaves a spouses spouse, there shall be paid to the spouse a pension calculated as follows: KA x B + KA x C x 7 1,800 18,000 where KA = the officer's pensionable emoluments at the date of the officer's death; B = the number of months of pensionable service completed by the officer at the date of the officer's death; and C = the number of complete months remaining from the date of the officer's death to the fifty-fifth anniversary of the officer's birth. (2) Subject to the provisions of Part XI, if a retired person who, on the date of the officer's retirement(a) (b) was entitled to a pension under Part XIII of this Act; and had pensionable service amounting to ten years or more;

dies and leaves a spouse, there shall be paid to the spouse a pension calculated by means of the formula set out in subsection (1) as though the deceased officer had died on the last day of the officer's pensionable service. (3) Any pension payable under this section shall be paid with effect from the date following the death of the deceased. 46. (1) Subject to the provisions of Part X, this section shall have effect Pensions for wherechildren (a) an officer whose pensionable service or total service, as the case may be, amounts to ten years; or more; (b) (i) a retired person who at the date of the officer's retirement wasa person described in paragraph (a); and

(ii)

entitled to a pension under Part VIII of this Act;

dies and leaves children. (2) In the case where a person described in subsection (1) leaves a spouse, there shall be paid in respect of the person's children a pension proportionate to the pension payable to the spouse in accordance with section forty-five and calculated as follows: (a) (b) (c) (d) (e) for one child twenty-five per centum; for two children forty per centum; for three children fifty per centum; for four children sixty per centum; for five children or more sixty-six and two thirds per centum.

(3) In the case where a person described in subsection (1) leaves no spouse, there shall be paid in respect of the person's children a pension proportionate to the pension which would have been payable to the person's spouse in accordance with section forty-five had the person left one, and calculate as follows: (a) (b) (c) (d) for one child fifty per centum; for two children eighty per centum; for three children one hundred per centum; for four children one hundred and twenty per centum;

(e) for five or more children one hundred and thirty-three and one third per centum. (4) A pension payable under this section shall be recalculated whenever

there is any change in the number of children in respect of whom it is payable. (5) A pension payable under this section shall be paid with effect from the day following the death of the deceased to such persons.

PART X MISCELLANEOUS 47. (1) The Board may require any officer or probationer to furnish such particulars relating to himself and his family, and proof of those particulars, as the Board may specify. Information relevant to payment of benefits to be furnished

(2) The Board may require any claimant or recipient of any benefit payable under this Act upon the death of a person described in sub section (1) to furnish such particulars relating to that person and his family, and proof of those particulars, as the Board may specify. (3) The Board may require any person described in subsection (1) or the recipient of any benefit payable under this Act upon the death of that person to notify the Board of any future occurrence relating to that person or his family which the Board may specify and to furnish the Board with proof of that occurrence. (4) For the purposes of this section(a) "claimant" and "recipient" shall include, respectively, any person claiming or receiving for the benefit of any child or other dependant of a person described in subsection (1); and (b) "proof" shall be proof to the satisfaction of the Board. Circumstances when benefits may be

48. (1) The Board may, with the concurrence of the appropriate authority, withhold the payment of any benefit, or any portion thereof, otherwise payable under this Act in respect of any person described in

subsection (1) of section forty-seven, if any particulars or notification relevant to the payment of that benefit and the proof thereof have not been furnished in accordance with a requirement made under that section. (2) If any person, in the opinion of the Board wilfully fails to comply with a requirement made under section forty-seven or, in complying with that requirement, knowingly makes any false representation of fact, any benefit or portion thereof otherwise payable under this Act the payment of which may be affected(a) as to amount;

withheld, suspended or reduced

(b) as to the date in relation to which it shall commence or terminate; or (c) as to the person or persons to whom it shall be made;

by such failure or such representation, shall be liable to be suspended or reduced at the discretion of and in accordance with the directions of the Board. (3) If a person becoming entitled to or in receipt of a pension under this Act is convicted of an offence involving(a) the misappropriation of public moneys or property; or

(b) the making of a false representation for the purposes of obtaining a pension, knowing that representation to be false or not believing it to be true; the person's pension shall be withheld, suspended or reduced, as the case may be, at the discretion and in accordance with the directions of the Board. (4) Where a probationer is discharged or an officer or probationer is dismissed, the appropriate authority may cause to be set off against the sum otherwise payable to him under Part VII the amount of any loss which, in the opinion of the appropriate authority, was sustained by the Government by reason of the conduct of the officer or probationer on

account of which he was discharged or dismissed. (5) Where an officer is prematurely retired in order to enable him to take up an appointment with a recognised authority, the pension of such officer shall be paid with effect from the date of such premature retirement. 49. If a person to whom a pension is otherwise payable under this Act fails to maintain, deserts or abandons any child of a deceased officer entitled to a pension that pension may be reduced by such proportion as the Board may direct, and that proportion shall be paid to such person as the Board may determine for the benefit of such child. 50. (1) Where a person dies and is survived by more than one spouse of a polygamous marriage and a pension or other benefit is payable to a spouse under this Act, Then that pension or other benefit shall be calculated as if there had been only one spouse and shall be divided equally into the same number of parts as the number of spouses surviving at the date of that person's death and each surviving spouse shall be paid one such part. Termination or reduction of pension to spouse

Pensions in relation to spouse and children of polygamous marriageMedical examination or treatment of certain pensioners

(2) A pension payable to a spouse in accordance with subsection (1) shall cease on the date on which such spouse remarries or dies and the pension of the remaining spouse or spouses shall not be increased. (3) Subject to subsection (4), when a person dies and is survived by more than one spouse of a polygamous marriage and a pension is payable under this Act in respect of the children of the deceased, then that pension shall be calculated on the pension payable as if there had been one spouse. (4) Where a person dies and is survived by a widower of a polygamous marriage, thirty per centum of the benefits shall be paid to the widower while the rest shall be distributed equally amongst the issue of the biological children of the deceased.

51. Any person who is in receipt of a pension or allowance on the Medical grounds of ill health or any person retiring in consequence of injury may examination or be subsection, the person's pension or allowance shall be restoredtreatment of certain pensioners (a) in the case where the person's pension or allowance was payable in consequence of injury, with effect from the date the person submits to that examination or undergoes that treatment; or (b) in any other case, if the person is certified unfit to resume duty or is not required to resume duty, with effect from the date on which it was withheld. 52. (1) If any person who is in receipt of a pension on the grounds of ill health is within two years of the date of the person's retirement and before the date on which the person would otherwise retire under section thirty-three, certified by a medical board to be fit to resume duty in the person's former or in any other post, the person may, subject to the provisions of subsection (2), be required by the appropriate authority to resume duty in the person's former or in another post. (2) The pension of the person who, without reasonable cause, fails to comply with a requirement made under subsection (1) may, at the discretion of the appropriate authority, be withheld with effect from the date on which the person is required to resume duty: Provided that a pension so withheld shall, unless the appropriate authority otherwise directs, be restored with effect from the fifty-fifth anniversary of the birth of that person. (3) The following provisions shall apply in relation to any person required to resume duty under subsection (1)(a) the pensionable emoluments attached to the post to which the person is to be appointed shall not, without the person's consent, be less than the pensionable emoluments received by him immediately before the date of the person's retirement; (b) the person shall not, without the person's consent, be appointed Resumption of duty by officer retired on grounds of ill health

to a post other than the person's former post unless, in the opinion of the appropriate authority, the duties thereof correspond to those which the person could have been called upon to perform before the date of the person's retirement; (c) the pension which the person was receiving on the grounds of ill health shall cease with effect from the date of the person's resumption of duty; (d) the person's continuous service shall be deemed not to have been interrupted by the period during which the person was receiving that pension but that period shall not form part of the person's pensionable service or total service; and (e) any gratuity paid on the person's earlier retirement shall be recovered in the manner determined by the appropriate authority from any pension or gratuity payable to the person under this Act on the person's final retirement. Commutation 53. (1) An officer who is entitled to a pension may elect before the payment of pension commences, to receive in lieu of either one-third or of pensions two-thirds of that pension, a lump sum calculated by multiplying the amount of pension to be commuted by the factor obtained from the Third Schedule appropriate to the officer's age on the officer's last day of pensionable service or total service as the case may be: Provided that if the portion of the pension not so commuted is less than fifty thousand kwacha, the Board may commute the whole pension at the election of the officer. (2) An officer who retires may opt to commute either one-third or two-thirds of the officer's pension for a lump sum, calculated in accordance with the commutation factors as set out in the Third Schedule. (3) Nothing in this section authorises the commutation of any pension or part of a pension payable in respect of injury or death. 54. There shall be a review of pensions at such intervals as the Board may determine.
Review of pension

55. The transitional provisions and conditions of service relating to death or injury in the course of duty are provided for in the First and Second Schedules respectively.

Transitional provisions and conditions of service Regulations

56. The Minister may, after consultation with the Board, by statutory instrument, make regulations for the better carrying into effect of the provisions of this Act. 57. This Act shall bind The Republic.

Act to bind the Republic Repeal of Civil service (Local Conditions) Pensions Act 1972 edition

58. The Civil Service (Local Conditions) Pensions Act, Cap. 410, is hereby repealed.

FIRST SCHEDULE
(Section 55)

TRANSITIONAL PROVISIONS ARRANGEMENT OF SECTIONS PART I


BENEFITS ON RETIREMENT OF OFFICERS TRANSFERRED FROM A RECOGNISED AUTHORITY OR FROM LOCAL CONDITIONS

Section 1. 2. 3. 4. 5. 6. 7. Application of Part I Benefits for officers transferred from a recognised authority on abolition of post or to effect greater efficiency on economy Benefits for officers transferred from a recognised authority retiring on grounds of ill health Benefits for officers transferred from a recognised authority retiring on grounds not otherwise described Further pension for certain transferred Federal officers Increase in pension for certain officers transferred from a recognised authority Benefits for persons transferred from local conditions

8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24.

Further pension for certain persons transferred from Division I or II Emoluments factor Transferred persons Payments Application of Fund Age of retirement Benefits on resignation Benefits on dismissal Pensions for spouses Pensions for children Special pension for spouse, children and dependants or certain transferred officers Revival of special pension which ceased on remarriage Officer's deemed to be in Division IV Commutation of pensions Certain benefits to be granted or increased retrospectively Cap. 48 of 1965 Edition Increase of certain pensions Definitions

SECOND SCHEDULE
(Section 54)

CONDITIONS OF SERVICE RELATING TO DEATH OR INJURY IN THE COURSE OF DUTY


Section 1. 2. 3. 4. 5. Sick leave for injured persons Benefits following injury Benefits following death in consequence of injury Reimbursement of medical and other expenses of injured persons Definitions

APPENDIX I APPENDIX II THIRD SCHEDULE

FIRST SCHEDULE (Section 55) TRANSITIONAL PROVISIONS

PART I

BENEFITS ON RETIREMENT OF OFFICERS TRANSFERRED FROM A RECOGNISED AUTHORITY OR FROM LOCAL CONDITIONS 4. Subject to the provisions of this Act, an officer transferred from a recognised authority who retires under section thirteen of this Schedule on grounds other than those described in sections two and three of this Schedule shall, with effect from the date of his retirement, be entitledBenefits for officers transferred from a (a) in the case of a transferred Federal officer or an officer whose total service amounts recognised authority to ten years or more, to a pension calculated as follows: retiring on KA x B x C ; and grounds C not otherwise (b) in any other case, to a gratuity calculated as follows: described KA x B x C ; 144 Provided that if the officer was transferred from service in Zambia, the gratuity shall be calculated as follows: KA x B x C 120 where KA = his average pensionable emoluments; B = the number of completed months of his total service; C = his emoluments factor; and D = the age at which an officer retires, expressed in complete months 5. (1) Subject to the provisions of this Act, a transferred Federal officer who retires on any ground other than the abolition of his post or to facilitate an improvement by which greater efficiency or economy could be effected in the service to which he belongs, shall, in addition to any other pension payable under this Act, be entitled, with effect from the date of his retirement, to a further pension calculated as follows: KA 2 (KA x B) ; 8 where KA = the additional abolition of office pension, determined by the Central African Pension Agency, to which he would have been entitled under the Federation of Rhodesia and Nyasaland (Dissolution) Order in Council, 1963, if he had retired from the service of the Government of the former Federation of Rhodesia and Nyasaland on the day before his transfer and if he had not been offered an appointment in the service of any of the Territorial Governments of that former Federation; and B = the number of completed years of his pensionable service after the fourth anniversary of the date of his transfer. Further pension for certain transferred Federal officers

(2) A further pension granted under subsection (1) shall not exceed the difference between the sum of any other pensions granted in respect of service on local conditions and with a recognised authority (but not including a pension granted in respect of injury or death) and two-thirds of the highest annual rate of pensionable emoluments paid to the officer at any time during his pensionable service. 6. (1) Subject to the provisions of this Act, where an officer who was transferred from service in Zambia retires and the sum ofIncrease in pension for certain (a) the pension payable to him under this Part; and officers (b) the pension or pensions payable to him under the appropriate law; transferred is less than the pension or the sum of the pensions which would have been payable to him from a with effect from the date of his retirement had he not been transferred, the pension payable recognised authority to him under this Part shall be increased by an amount equal to the difference. (2) The pension or pensions which, for the purposes of subsection (1), would have been payable to an officer had he not been transferred shall be calculated with reference to the emoluments which, in the opinion of the Permanent Secretary, responsible for personnel management,would have been payable to him if his period of service on local conditions had been the same period of service in Zambia and he had received during such service in Zambia the same promotions, if any, as he received during his service on local conditions. 7. (1) Any person who has been transferred from local conditions and who(a) is required to retire under the Non-Designated Expatriate Officers (Retiring Benefits) Act; (b) is required to retire on the abolition of his post or to facilitate an improvement by which greater efficiency or economy could be effected in the organisation of the part of the service to which he belongs, in circumstances in which he is eligible for a pension or gratuity from the recognised authority with which he is serving at the date of the retirement; or (c) retires on completion of total service amounting to ten years or more in circumstances in which he is eligible for a pension or gratuity from the recognised authority with which he is serving at the date of his retirement; shall be entitled with effect from the date of his retirement, to a pension calculated as follows: KA x B x C ; D where KA = the annual pensionable emoluments taken by the recognised authority for the purpose of calculating his pension or gratuity; B = the number of completed months of his total service; C = his emoluments factor; and Benefits for persons transferred from local condidions

D = the age at which he retires expressed in completed months. (2) A person(a) who has transferred from local conditions; (b) who retires under circumstances in which he is eligible for a pension or gratuity from the recognised authority with which he is serving at the date of his retirement; (c) (d) whose total service amounts to less than ten years; and who is not entitled to a pension under subsection (1);

shall be entitled to a gratuity calculated as follows: KA x B x C ; 144 where KA = the annual pensionable emoluments taken by the recognised authority for the purpose of calculating his pension or gratuity; B = the number of completed months of his total service; and C = his emoluments factor. (3) A female person(a) who transferred from Division I, II or III; (b) who, at the time of her retirement, is eligible to retire on the grounds of her age or length of service: shall be entitled(i) if her total service amounts to ten years or more, to a pension calculated in the manner set out in subsection (1); and (ii) if her total service amounts to less than ten years to a gratuity calculated in the manner set out in subsection (2). (4) A female person(a) (b) who was transferred from local conditions; who is not entitled to a pension or gratuity;

shall be entitled to a gratuity calculated as follows: (i) if the date of her retirement is less than twenty years after the date of commencement of her total serviceKA 2 KA x B ; and 50 (ii) if the date of her retirement is less than twenty years after the date of commencement of her total service2 x KA ; (iii) if the date of her retirement is twenty-five years or more after the date of the commencement of her total service-

(2 x KA) 1 KA x B 25 where KA = the sum of her contributions; and B = the number of completed years in respect of which she has contributed. Further pension for (a) who was a federal officer transferred to Division I or II; certain (b) who subsequently transferred from Division I or II to service in Zambia; persons (c) who thereafter has completed the prescribed period of resident service as defined in transferred from section two of the Non Designated Expatriate Officers (Retiring Benefits) Act; Division I (d) who then retires under the Non-Designated Expatriate Officers (Retiring benefits) or II Act; and Cap. 280 (e) whose additional pension, if any, payable under section nine of the said Act is less Cap. 280 than the further pension to which he would have been entitled at the date of his retirement had he not been transferred; 8. (1) Subject to subsection (2), a personshall be entitled with effect from the date of retirement, to a further pension equal to the difference between the further pension to which he would have been entitled had he not been transferred and the additional pension, if any, which he received under section nine of the said Act. (2) No further pension shall be payable under subsection (1) in respect of a person who, pursuant to section nine of the Non Designated Expatriate Officers (Retiring Benefits) Act, elects to receive a gratuity in lieu of an additional pension payable under that section. 9. The "Emoluments factor" shall be calculated as follows: KA KA + KB where KA = aggregate emoluments during pensionable service; KB = aggregate emoluments from one or more recognised authorities during an officer's service forming part of his total service; Provided that where under this Act only part of a person's service is included in his pensionable or total service, as the case may be, a proportionate part only of the aggregate emoluments paid during the service so divided shall be taken into account in determining KA or KB. ; Emoluments factor

10. For the purposes of this part, "transferred" means

Transferred persons

(a) or

appointed from the service of a recognised authority to service on local conditions;

(b) appointed from service on local conditions to a post in the service of a recognised authority or so appointed and thereafter appointed from the service of one recognised authority to a post in the service of another; under arrangements recognised by the Government whereby it is agreed that the service of the person concerned shall be treated as continuous for pension purposes.

PART II
GENERAL 11. (1) There shall be paid into the Fund each month from the general revenues of the republic(a) the sum of all payments of further pensions and increases in pensions made during that month under the provisions of this Act; (b) the sum of all payments of special pensions made to dependants during that month under the provisions of this Act; (c) the sum of all payments of pensions made during that month to persons who were dismissed after becoming transferred Federal officers; (d) the sum of all payments made during that month under the provisions of this Act to retired persons who were transferred from Division I, II or III; (e) The sum of all payments made under this Act during that month to persons who retired from Division I, II or III(i) on the grounds of their age or length of service, if that retirement was by virtue of an election, made as provided under this Act, to retain a date of retirement which is earlier than the date of retirement otherwise provided; (ii) in the case of transferred Federal officers, within five years of transfer: Provided that this paragraph shall not apply to any payment made in relation to a period after the date on which an officer, had he not retired earlier, would have been required under the provisions of this Act to retire; (f) the sum, relating to the payments made during the month under this Act (other than in respect of injury or death) to persons retired from Division I, II or III following service in Division IV of the amounts calculated in respect of every such payment as follows: KA x B ; C where KA = the payment made to the person during the month in question; B = the number of completed months of his pensionable service in Division IV; and Payments

C = the total number of completed months of his pensionable service. (2) Unless paid within one month from the date when they become payable, all payments under this section and section twelve shall be with interest at the commercial rate. 12. All benefits payable under this Act(a) (b) in respect of injury or death; or in respect of persons all of whose service on local conditions was in Division IV; Application of Fund

shall be paid from the general revenues of the Republic.

Age of 13. (1) A transferred Federal officer in Division I, II or III who was entitled under his retirement terms and conditions of service while in the service of the Government of the former Federation of Rhodesia and Nyasaland to retire at the age of fifty-five years and who has elected in writing, within six months of the date of his transfer or before attaining the age of fifty years, whichever first occurs, to retain that age of retirement shall retire on the fifty-fifth anniversary of the date of his birth. (2) An officer in division I, II or III who(a) was transferred from service in Zambia; (b) is eligible on his retirement to receive a pension or gratuity under the appropriate law; and (c) within five years of the date of his transfer or before attaining the age of fifty years, whichever first occurs, elects in writing to retain the rules that applied to his age of retirement immediately before his transfer; shall retire on the fifty-fifth anniversary of his birth. (3) For the purposes of this section, "appropriate law" means the Constitution, the Service Commissions Act, the European Officers' Pension Act, the African Civil Servants' Pensions Regulations, the Subordinate Police (Pensions) Regulations, the Police Act, the Defence Act, the National Service Act, the Education Act, the African Education Act and the Technical Education and Vocational Training Act. 14. Subject to the provisions of this Act, a transferred officer or probationer who resigns shall be entitled to a gratuity calculated as follows: (a) if his total service amounts to less than twenty yearsKA = KA x 19 ; 400 (b) if his total service amounts to twenty years or more but less than twenty-five years2 x KA; Benefits on resignation

(c)

if his total service amounts to twenty-five years or more-

(2 x KA) 1 KA x B 25 where KA = the sum of his contributions; and B = the number of completed years in respect of which he has contributed. 15. Notwithstanding anything to the contrary contained in this Act, a Federal officer who Benefits was transferred to division I or II and is dismissed shall thereupon, in addition to a refund of on his contributions, be entitled to a pension equal to the pension, if any (but not the additional dismissal abolition of office pension), calculated as at the date of his transfer in accordance with Part III of the Second Schedule to the Federation of Rhodesia and Nyasaland (Dissolution) Order in Council, 1963, as though he were a person to whom that Part applied. 16. (1) Subject to the provisions of this Act, if a transferred officer in Division I or II or a Pensions person transferred from Division I or IIfor spouses (a) whose total service amounts to ten years or more; or (b) who is a transferred Federal Officer; dies and leaves a spouse, there shall be paid to the spouse a pension calculated as follows: KA x B x D 1 KA x C x D x 7 1,800 18,000 where KA = his pensionable emoluments or the annual pensionable emoluments taken by the recognised authority for the purpose of calculating pension, as the case may be, at the date of his death; B = the number of months of total service completed by him at the date of his death; C = the number of completed months remaining from the date of the officer's death to the fifty-fifth anniversary of his birth; and D = his emoluments factor. (2) Subject to the provisions of this Act, if a retired person who on the date of his retirement(a) was entitled to a pension under this Act, other than a pension payable in respect of injury or death; (b) was a transferred officer in Division I or II or a person transferred from Division I or II in the service of a recognised authority; and (c) had pensionable service of total service, as the case may be, amounting to ten years or more or was a transferred Federal officer serving in Division I or II; dies and leaves a spouse, there shall be paid to the spouse a pension calculated by means of the formula set out in subsection (1) as though that person had died on the date of his

retirement. 17. Subject to the provisions of this Act, pensions for children shall be payable where(a) a person in the service of a recognised auzthority who has transferred from local conditions whose total service amounts to ten years or more; or (b) a transferred Federal officer serving on local conditions; dies and leaves one or more children. Special pension for (a) transferred Federal officers who were appointed to the service of the Government of spouse, one of the former Protectorates of Northern Rhodesia and Nyasaland; children (b) retired persons to whom paragraph (a) applied immediately before their retirement; and dependants (c) officers who were transferred from service in Zambia to local conditions; and of certain (d) retired persons to whom paragraph (c) applied immediately before their retirement. transferred officers (2) Subject to the provisions of this Act, if a person described in subsection (1) dies and18. (1) This section applies only in relation to the spouse, children or dependants of(a) there remains a spouse; (b) no special pension is payable under this section to a spouse and there remains any child of the deceased; or (c) no special pension is payable or continues to be payable under this section to a spouse or in respect of any child and there remains any dependant of the deceased; there shall be payable, in addition to any pension payable under the provisions of this Act, the special pension, if any, calculated under subsection (3). (3) A special pension payable under subsection (2) shall be calculated as follows: KA 2 (B 1 C 1 D); where KA = the pension which would have been payable under the widows and Orphans Pension Act and the person described in subsection (1) died immediately before the date of his appointment to the service of the Government of the former Federation of Rhodesia and Nyasaland or of his transfer from service in Zambia, as the case may be; B = the pension which is payable under the Widows and Orphans Pension Act in respect of the person described in subsection (1) or which would have been so payable had that person not voluntarily continued to contribute under that Act in respect of the period after his appointment to the service of the Government of the former Federation of Rhodesia and Nyasaland or of his transfer from service in Zambia, as the case may be; C = the pension. if any, payable under the provisions of this Act to the spouse of the person described in subsection (1); and Cap. 279 Cap. 59 Pensions for children

D = the pension, if any, payable under the provisions of this Act in respect of the children of a person described in subsection (1). (4) A special pension calculated under subsection (3) shall be recalculated whenever any circumstance arises which results in any change in the factors B, C or D set out in that subsection. (5) Any special pension payable under this section shall be in accordance with(a) the will left by the deceased; or (b) where the deceased has not left a will, the mode of distribution specified in the Intestate Succession Act. 19. (1) the special pension of a spouse(a) (b) (c) to whom that special pension was payable under the provisions of this Act; whose special pension ceased on remarriage; whose subsequent spouse dies; and Revival of special pension which cased on remarriage Cap. 59

(d) who is not entitled to a pension under this Act in respect of any service with the Government by the subsequent spouse: shall be restored to the spouse as from the date(i) of the death of the subsequent spouse; or (ii) when the last special pension payable in respect of any child or dependant of the previous spouse, ceases to be so payable: whichever is the later. (2) A spouse(a) (b) (c) to whom a special pension was payable under the provisions of this Act; whose special pension ceased on remarriage; whose subsequent spouse has died; and

(d) who is entitled to a pension under this Act in respect of any service with the Government by the subsequent spouse; may, subject to subsection (3) and on the election of such spouse, instead of the pension to which such spouse is entitled in respect of the subsequent spouse, be paid the special pension which ceased on remarriage. (3) The provisions of subsection (2) shall be effective(a) if a special pension is payable under this Act in respect of any child or previous spouse, when the last such pension ceases to be so payable; and (b) in any other case, upon the death of the subsequent spouse.

(4) In the event of a spouse making an election in accordance with subsection (2) to

receive the special pension which ceased on remarriage, the pension to which such spouse became entitled in respect of the subsequent spouse shall be paid for the benefit of all or any remaining children or dependants of the subsequent spouse in accordance with(a) the will left by the deceased; or (b) where the deceased officer has not left a will, the mode of distribution specified in the Intestate Succession Act. 20. (1) Subject to the provisions of subsection (2), any person who was serving in the Junior Division of the former Protectorate of Northern Rhodesia on the 31st October 1961, shall, for the purposes of this Act, be deemed to have been an officer in Division IV throughout such of his continuous service as preceded the 1st November, 1961, and shall not be entitled to any benefits under the African Civil Servants Pensions Regulations. (2) Subsection (1) shall not apply to persons who on the 31st October, 1961 held the post of District Messenger, Senior District Messenger, Second District Messenger, Head District Messenger or any Scheduled post. 21. (1) An officer who is entitled to a pension may elect before the payment of pension Commutation commences, to receive in lieu of either one third or two-thirds of that pension a gratuity of pensions calculated by multiplying the amount of pension to be commuted by the factor obtained from the Fourth Schedule appropriate to the officer's age on his last day of pensionable service or total service as the case may be: Provided that if the portion of the pension not so commuted is less than K50,000, the Board may commute the whole pension at the election of the officer. (2) In the case of a transferred Federal officer who is granted a further pension under the provisions of this Act his pension for the purpose of subsection (1) shall be the aggregate of his pension and further pension: Provided that, in calculating the amount of the single payment to be paid by way of commutation in such cases, the Board shall apply in respect of so much of the amount of pension to be commuted as does not exceed the amount of the further pension, a factor not less than the factor which would have been applied had the recipient retired on the day immediately before the date he was transferred to local conditions. (3) An officer who was transferred from service in Zambia may, provided he so elects in writing before the date of his retirement, elect that subsection (1) shall not apply to him and that instead his pension shall be reduced by an amount, not exceeding one-quarter of that pension, determined by him on that election and that he shall be paid a gratuity equal to twelve and one-half times the amount by which his pension is so reduced. (4) An officer who retires may opt to commute either one-third or two-thirds of his pension for a lump sum, calculated in accordance with the commutation factors as set out in the Third Schedule. Officers deemed to be in Division IV

(5) Nothing in this section authorises the commutation of any pension or part of a pension payable in respect of injury or death. 22. (1) Where any benefit which has been or is payable under the Zambia Civil Service (Local Conditions) Contributory Pensions Act, to or in respect of any person is less than the equivalent benefit which would have been payable if at the date with respect to which the benefit is calculated the provisions of this Act had been in operation, there shall be paid to or in respect of that person with effect from that date an additional benefit equal to the difference. (2) Where prior to the commencement of the said Act and after the 31st October, 1961, there existed circumstances in which(a) no benefit was payable under the said Act to any person; (b) a benefit would have been payable had this Act been in operation at the appropriate time: there shall be paid to or in respect of that person the benefit which would have been payable had this Act been in operation at the appropriate time: Provided that this subsection shall not apply in any case in which a payment was made ex gratia or under the appropriate law in relation to the circumstances and the person described. 23. (1) With effect from the specified date(a) any pension payable under this Act which does not exceed ten kwacha per month shall be increased to fifteen kwacha per month; (b) any pension payable under this Act which exceeds ten kwacha per month but does not exceed fifty thousand kwacha per month shall be increased by seven thousand kwacha; (c) any pension payable under this Act which exceeds fifty thousand kwacha per month but does not exceed eighty thousand kwacha per month shall be increased so as to amount to eighty thousand kwacha per month. (2) For the purposes of this section, "specified date" means the first day of January, 1977. 24. For the purposes of this ScheduleDefinitions "Division I, II, III, or IV", as the case may be, in relation to any person, means belonging Cap. 266 Cap. 135 of the four Divisions into which persons serving on local conditions were divided; "Federal", in relation to any officer, means in the service of the Government of the former Federation of Rhodesia and Nyasaland immediately before his transfer to local conditions on or after the 1st October, 1963; "local conditions" means(a) in respect of any period before the 24th October, 1964, the terms and conditions Increase of certain pensions Certain benefits to be granted or increased retrospectively Cap. 48 1965 Edition

of civil service, including service in the Police Force and Prisons Service, which were known as Local Conditions and were introduced with effect from the 1st November, 1961, by the Government; and (b) in respect of any period after the 23rd October, 1964, the terms and conditions of the Public Service, including service in the Police Force and Prisons Service, which are known as Local Conditions and are issued by the Government from time to time for public officers who are citizens of Zambia; "pensionable service", in respect of any person, means the aggregate of(a) (b) his continuous service, if any, in respect of which contributions have been paid; his qualifying service if any, in a scheduled post; and

(c) in the case of a person who has served in Division III or IV in a scheduled post or has both so contributed and so served, half his qualifying service, if any, in any post other than a scheduled post: Provided that for the purpose of determining whether such person has completed ten years pensionable service, the whole of his continuous service in Division III or IV shall be deemed to be pensionable service; less any period of absence from duty which is not counted as pensionable service; "qualifying service" means(a) in the case of a person whose service commenced before the 1st January, 1946, continuous service in Division III or IV; and (b) in the case of a person whose service commenced after the 31st December, 1945, continuous service in Division III or IV after he attains the age of twenty years; less any period of temporary suspension arising from misconduct and any period of leave without salary which was not granted on the grounds of public policy with the approval of the Permanent Secretary, responsible for Personnel Management; "recognised authority" means(a) any government or administration included in the Schedule made under regulation (17) of the Regulations set out in the Third Schedule to the European Officers' Pensions Act; (b) any other government or administration which the President may, by statutory order, declare to be a recognised authority; (c) in relation to service in the Public Service other than on local conditions, the Government; (d) the Unified African Teaching Service and the Teaching Service created under the African Education Act, and any service replacing those services; (e) the Zambia Defence Force; and (f) any public corporation or public organisation which the President may, by statutory order, declare to be a recognised authority; "scheduled post" means a post described in the Appendix to this Schedule;

"service in Zambia" means service prior to a transfer to local conditions which is pensionable in accordance with the appropriate law. APPENDIX TO FIRST SCHEDULE (Section 24 of First Schedule) SCHEDULED POSTS Fish Guard Senior Fish Guard Head Fish Guard Game Guard Senior Game Guard Head Game Guard Tsetse Control Guard Senior Tsetse Control Guard Head Tsetse Control Guard

SECOND SCHEDULE (Section 54)


CONDITIONS OF SERVICE RELATING TO DEATH OR INJURY IN THE COURSE OF DUTY
ARRANGEMENT OF SECTIONS Section 1. 2. Sick leave for injured persons Benefits following injury

3. 4. 5.

Benefits following death in consequence of injury Reimbursement of medical and other expenses of injured persons Definition

APPENDIX I-DEGREE OF DISABLEMENT OF AN INJURED PERSON APPENDIX II-CALCULATION OF SINGLE PAYMENT TO DISABLED PERSONS

SECOND SCHEDULE (Section 54)

CONDITIONS OF SERVICE RELATING TO DEATH OR INJURY IN THE COURSE OF DUTY 1. (1) Subject to the provisions of subsection (4), the Permanent Secretary, responsible for Personnel Management, may, on production of a medical certificate by any medical practitioner or dentist or, if the Permanent Secretary, responsible for Personnel Management, so stipulates, by a Government medical officer, grant sick leave not exceeding ninety days in aggregate to a person serving on local conditions who sustains an injury in the course of duty. (2) Subject to the provisions of subsection (4), the Permanent Secretary, responsible for Personnel Management, may, on production of a medical certificate by a Government medical officer or, if the Permanent Secretary, responsible for Personnel Management, so stipulates, by a medical board, grant further sick leave not exceeding ninety days in aggregate to a person who has been granted the maximum period of sick leave under subsection (1). (3) Subject to subsection (4), the Permanent Secretary, responsible for Personnel Management, may, on the recommendation of a medical board, grant further sick leave not exceeding one hundred and eighty days in aggregate to a person who has been granted the maximum period of sick leave under subsections (l) and (2). (4) No period of leave shall be granted under this section(a) if the appropriate authority, after considering the report of a medical board, is satisfied that the person concerned will be permanently unfit to perform his work and deems his degree of disablement to have reached a final and stationary condition; or (b) which is less than the period of sick leave recommended in a medical certificate or Sick leave for injured persons

by a medical board, except with the concurrence of the appropriate authority. (5) Sick leave granted under this section shall be on full salary. (6) Any sick leave which may be granted under the rules and instructions relating to persons serving on local conditions shall be(a) in addition to sick leave granted under this section and shall be taken after such leave; and (b) granted under those rules and instructions as they applied on the person's injury.

2. (1) A person who, in consequence of an injury sustained in the course of duty, suffers Benefits any disability shall, in addition to any other benefit provided for in this Act, be entitled- following (a) with effect from the date of his injury until such a time as his disability is deemed injury by the appropriate authority to have reached a final and stationary condition, to a temporary allowance calculated under subsection (3), according to his percentage disability as assessed from time to time; and (b) with effect from the date when his disability is deemed by the appropriate authority to have reached a final and stationary condition(i) to a pension calculated under subsection (3); or (ii) with his consent and the concurrence of the appropriate authority, to a single payment calculated as provided in Appendix II to this Schedule. (2) In any case where, in consequence of an injury sustained in the course of duty, a person who is eligible for any benefit under subsection (1) has retired or his probationary appointment or his agreement has been determined, there shall be paid during his life time, with effect from the last day of his continuous service, in respect of that person's children, to such persons and in such proportions as the appropriate authority may determine, an allowance at an annual rate equal to the sum of(a) the product of his percentage disability and one forty-eighth of the annual rate of his emoluments immediately before the date of his injury, for his first child; and (b) the product of his percentage disability and one sixtieth of the annual rate of his emoluments immediately before the date of his injury, for each additional child; and such allowance shall be recalculated whenever there is any change in the percentage disability of that person or in the number of his children. (3) The annual rate of a temporary allowance or pension payable to a person under subsection (1) shall be calculated as follows: A ; x 2/3B 1 1/3C 100 where A = his percentage disability; B = the annual rate of his emoluments immediately before the date of his injury, not

exceeding (K1,300); and C = the annual rate of his emoluments immediately before the date of his injury, if any, in excess of (K1,300) but not exceeding (K3,040); and, except in relation to a single payment made under subsection (1), shall be recalculated whenever any circumstance arises which results in any change in the factor A, B, or C. (4) If the appropriate authority considers the percentage disability of a person entitled under subsection (1) to any benefit to be inadequate by reason of the particular consequences of his disability in relation to the special nature of his occupation, it may increase his percentage disability to such figure not exceeding one hundred as it considers equitable in the circumstances: Provided that, if there is any material improvement in the earning capacity of the person concerned, the appropriate authority may reduce his percentage disability to a figure not lower than that before such increase. (5) If, in the opinion of a medical board the percentage disability or any person in receipt of a pension under subsection (1) has varied by more than five since that pension become payable, the appropriate authority may at any time vary the percentage disability of that person. (6) For the purposes of this section, if the date of a person's injury is not established to the satisfaction of the appropriate authority, that authority shall determine a date in relation to the injury and the date so determined shall be deemed to be the date of that person's injury. Benefits 3. (1) Subject to the provisions of this Act, the benefits set out in this section shall become payable following the death of a person in consequence of an injury sustained following death in in the course of duty and such benefitsconsequency (a) shall be in addition to any other benefits provided for in this Act; of injury (b) shall be paid(i) in the case of a pension which becomes payable to the children of the deceased only when the pension payable to his spouse ceases, with effect from the day following the day when the pension of the spouse so ceases; and (ii) and in any other case, with effect from the day following the death of the deceased;

(c) shall, when payable in respect of the children of the deceased, be recalculated whenever there is any change in the number of such children remaining. (2) There shall be paid to the spouse if any, of the deceased a pension equal to two-thirds of the pension which would have been payable to the deceased under the provisions of this Act had he suffered a percentage disability of one hundred. (3) Subject to subsection (4), there shall be paid, in respect of any children of the

deceased, to such persons and in such proportions as the appropriate authority may determine, a pension equal to the sum of(a) one twenty-fourth of the annual rate of the deceased person s emoluments immediately before the date of his injury or (K120) per annum,which ever is the greater, for the first child; and (b) one-fortieth of the annual rate of the deceased person's emoluments immediately before the date of his injury or (K72) per annum, whichever is the greater for each additional child: Provided that where any children of different marriages live in any household other than that of the spouse, the pension may, at the discretion of the appropriate authority, be calculated at the rates appropriate as if the children in each such household had been the only children of the deceased. (4) If no pension is payable under subsection (2) or such pension ceases to be payable on the marriage or death of the spouse, there shall be paid, in respect of the children of the deceased, to such persons and in such proportions as the appropriate authority may determine, a pension additional to the pension payable under subsection (3) and equal to the sum of one-fifteenth of the annual rate of the deceased person's emoluments immediately before the date of his injury or (K 192) per annum, whichever is the greater, for each such child. (5) where an accident arising out of and in the course of duty of any officer, probationer, or other person called upon to perform any function or undertake any task in, the service of the Government happens and results in the death of such officer, probationer or other person, his spouse, children or other dependants shall, in addition to any other benefits payable under this Act, become entitled to compensation in the manner following, that is to say(a) a lump sum payment equal to five times the basic annual salary of such officer, probationer, or other person, at the time of death; or (b) a lump sum payment of K75,000 where the person aforesaid has no basic salary(6) For the purpose of this section, if the date of a person's injury is not established to the satisfaction of the appropriate authority, that authority shall determine a date in relation to that injury and the date so determined shall be deemed to be the date of that person's injury. 4. (1) When it is necessary for any person who sustains an injury while serving, on local conditions to make a journey for the purpose of undergoing medical examination or treatment in connection with his injury, the Permanent Secretary, responsible for Personnel Management, shall, unless the appropriate authority otherwise directs, authorise the payment of subsistence allowance and transport costs at such rates and subject to such conditions as he may determine: Reimbursement of medical and other expenses of injured persons

Provided that no subsistences allowance shall be payable in respect of any period during which a person is an in-patient at an institution or hospital the cost of which is repaid in whole or in part under subsection (2). (2) A person who sustains an injury while serving on local conditions shall be entitled to the repayment of such expenses in respect of dental, medical, surgical, hospital or other treatment, including the supply of appliances and artificial limbs, as the appropriate authority considers to have been reasonably incurred by that person. Provided that(i) where his expenses exceed (K500) in aggregate, any such repayment thereof shall be made only if the appropriate authority, after considering the recommendations of the Permanent Secretary, responsible for health so directs; (ii) where those expenses are in respect of any aggravation to a material extent of ill health, physical or mental unfitness, physical or mental incapacity or personal injury, such proportion only of those expenses shall be repayable as, in the opinion of the Permanent Secretary, responsible for health is due to that aggravation. (3) In any case where a person incurs unavoidable expenses, of a nature other than that described under subsections (1) and (2), which the appropriate authority considers to be directly attributable to his undergoing medical examination or treatment in respect of his injury while on local conditions, the Permanent Secretary, responsible for Personnel Management, shall, for the period during which that person is undergoing examination, treatment and travelling in connection therewith, unless the appropriate authority otherwise directs authorise(a) in the case of a person in receipt of a temporary allowance or pension, an increase in that allowance or pension, together with any allowance in respect of children payable under that section; or (b) in the case of a person not in receipt of a temporary allowance or pension, a temporary allowance together with allowances in respect of any children of that person; to such amount not exceeding that which would have been payable had the person's percentage disability been one hundred, as the Permanent Secretary, responsible for Personnel Management, thinks fit. 5. For the purposes of this Schedule"aggravation to a material extent", in relation to a person's ill health, unfitness or incapacity, or personal injury, means an increase in that person's percentage disability(a) in the case where his percentage disability is less than twenty, or more than five and of not less than half that percentage disability; and (b) in any other case, of not less than ten; "ill health" means physical or mental unfitness or incapacity, or personal injury which, in

the opinion of the appropriate authority, is caused by or due to a person's work without any wrongful act or omission on his part and includes an aggravation to a material extent of such ill health, physical or mental unfitness or incapacity, or personal injury; "percentage disability" means (a) in the case of any disability described in Appendix I to this Schedule, the appropriate percentage therein set out; and (b) in the case of any other disability, the percentage assessed by a medical board by comparing the condition of the person concerned with the condition of a normal healthy person of the same age and sex without reference to earning capacity: Provided that(i) where the person concerned suffers more than one disability in consequence of one or more injuries, his percentage shall be the sum of the appropriate percentages or one hundred, whichever is the less; (ii) where the appropriate authority varies the percentage disability of a person under the provisions of this Act, his percentage disability shall be so varied; "total service" means the aggregate of pensionable service including service with a recognised authority taken into account for the purpose of computing pension: Provided that, in the case of a transferred Federal officer, total service shall include any service which would have been regarded as counting for pension had the officer retired from the service of the Government of the former Federation of Rhodesia and Nyasaland immediately before his transfer. APPENDIX I TO SECOND SCHEDULE (Section 5 of Second Schedule) DEGREE OF DISABLEMENT OF AN INJURED PERSON Item Nature of disablement Degree of disablement per centum

GENERAL 1. Loss of hand and foot above site of Syme's Amputation 2. Injury resulting in the injured person being permanently bedridden INJURY TO UPPER LIMB 3. Loss of both hands or both arms at higher sites 100 100 100

4. Loss of remaining arm by injured person who has previously lost one arm 5. Loss of arm at shoulder or below shoulder with stump of less than 8 inches from tip of acromion 6. Loss of arm from 8 inches below tip of acromion to less than 4 and half inches below tip of olecranon 7. Loss of arm 4 and half inches below the tip of olecranon 8. Loss of hand at wrist 9. Loss of four fingers and thumb of one hand 10. Loss of four fingers on one hand 11. Loss of thumb: (a) both phalanges (b) one phalanx 12. Loss of index finger: (a) three phalanges (b) two phalanges (c) one phalanx (d) tip and nail, no bone 13. Loss of middle finger: (a) three phalanges (b) two phalanges (c) one phalanx (d) tip and nail, no bone 14. Loss of ring finger: (a) three phalanges (b) two phalanges (c) one phalanx (d) Lip and nail, no bone 15. Loss of little finger: (a) three phalanges (b) two phalanges (c) one phalanx 4 3 2 5 4 2 1 6 4 2 1 10 8 4 2 25 10 35 60 60

100 70 68 65

(d) tip and nail, no bone 16. Loss of metacarpal: (a) first or second (additional) (b) third, fourth or fifth (additional) 17. Ankylosis in optimum position: (a) shoulder (b) elbow (c) wrist 18. Notwithstanding the foregoing provisions of this Schedule-

3 2

35 35 25

(a) in the case of a right-handed injured person, an injury to the left arm or hand, and in the case of a left-handed injured person an injury to the right arm or hand, shall be rated at 90 per centum of the above percentage; (b) when there are two or more injuries to the same hand, the following basis of computing the degree of disablement shall be adopted and for this purpose a thumb shall be regarded as a finger(i) where two fingers have been injured, the sum total of the percentage for each finger shall be increased by 20 per centum of such total; (ii) where three fingers have been injured, the sum total of the percentages for each finger shall be increased by 30 per centum of such sum total; (iii) where four fingers have been injured, the sum total of the percentage of each finger shall be increased by 40 per centum of such sum total: Provided that the percentage disability thus obtained shall not exceed that for the loss of the whole hand. INJURY TO LOWER LIMB 19. Loss of both feet above site of Syme's amputation or loss of both legs at higher sites 100 20. Loss of remaining leg by an injured person who has previously lost one leg 100 21. Loss of leg at hip or below hip with stump not exceeding 5 inches in length measured from tip of great trochanter 70 22. Loss of leg below hip with stump exceeding 5 inches in length measured from tip of great trochanter but not beyond middle thigh 60 23. Loss of leg below middle thigh but not more than 4 inches below knee 50 24. Loss of leg below knee with stump exceeding 4 inches 30

25. Modified Syme's operation: (a) one foot (b) two feet 26. Loss of foot at tarso-metatarsal joint 27. Loss of all toes of both feet proximal interphalangeal joint 25 70 25 25

28. Loss of all toes of both feet distal to the proximal interphalangeal joint 15 29. Loss of all toes of one foot proximal to the proximal interphalangeal joint 30. Loss of toes of one foot distal to the proximal interphalangeal joint 31. Loss of great toe: (a) both phalanges (b) one phalanx 5 2 10 15

32. Loss of toe other than great toe if more than one toe lost, each1 33. Ankylosis in optimum position: (a) hip (b) knee (c) ankle INJURY TO SIGHT 34. Total loss of sight100 35. Loss of remaining eye by an injured person who previously had the sight of only one eye 100 36. Loss of one eye, the other eye being normal 30 37. Total loss of vision of one eye the other being normal30 38. Other degrees of defective vision based on the visual defect as measured after corrected with glasses: when best visual acuity isin one eye: 6/6 or 6/9 6/6/ or 6/9 6/6/ or 6/9 other eye: 6/24 6/36 6/60 15 20 20 50 25 15

6/6/ or 6/9 5/12 6/18 6/18 6/18 6/18 6/18 6/18 6/24 6/24 6/24 6/24 6/24 6/36 in one eye: 6/36 6/36 6/36 6/60 6/60 6/60 Nil

6/60 Nil 6/18 6/24 6/36 6/60 3/60 Nil 6/24 6/36 6/60 3/60 Nil 6/36 other eye: 6/60 3/60 Nil 6/60 3/60 Nil Nil

20 30 15 30 40 40 40 50 30 40 50 50 70 50

60 60 70 80 80 90 100

INJURY TO HEARING Item Nature of disablement Degree of disablement per centum 50 40

39. Total deafness in both ears 40. Shout not audible at a distance of more than 3 feet

41. Conversational voice not audible at a distance of more than 1 foot 42. Conversational voice not audible at a distance of more than 3 feet 43. Conversational voice not audible at a distance of more than 6 feet 44. Conversational voice not audible at a distance of more than 9 feet: (a) one ear totally deaf (b) otherwise less than 45. The degree of disablement indicated opposite items 40 to 44, both inclusive, shall be in respect of both ears used together. APPENDIX II TO SECOND SCHEDULE (Section 2 of Second Schedule) CALCULATION OF SINGLE PAYMENT TO DISABLED PERSONS 7 7

30 20 10

Single payment made under section 43 shall equal the product of the pension provided for in section 43 (1) at the date when the appropriate Commission deems a person's disability to be final and stationary and the appropriate factor determined by reference to that person's age on his next birthday in accordance with the following table: Age next birthday under 20 years 20 years or more but less than 25 years 25 years or more but less than 30 years 30 years or more but less than 35 years 35 years or more but less than 40 years 40 years or more but less than 45 years 45 years or more but less than 50 years 50 years or more but less than 55 years 55 years or more but less than 60 years 60 years or more but less than 65 years 65 years or more but less than 70 years Factor 16.00 15.50 15.00 14.50 14.00 13.00 12.00 11.00 10.00 8.00 7.00

THIRD SCHEDULE
(Section 52) COMMUTATION TABLE Single case payment in commutation of pension K1 (one kwacha) per annum. Half-age Up to 20 20.5 21 21.5 22 22.5 23 23.5 24 24.5 25 25.5 26 26.5 27 27.5 28 28.5 29 Cash payment 35.66 35.58 35.48 35.40 35.30 35.22 35.12 35.04 34.94 34.86 33.76 34.66 34.56 34.46 34.36 34.26 34.16 34.06 33.96 Half-age 48 48.5 49 49.5 50 50.5 51 51.5 52 52.5 53 53.5 54 54.5 55 55.5 56 56.5 57 Cash payment 28.76 28.56 28.38 28.18 28.00 27.80 27.60 27.38 27.18 26.96 26.74 26.52 26.30 26.06 25.84 25.58 25.34 25.10 24.84

29.5 30 30.5 31 31.5 32 32.5 33 33.5 34 34.5 35 35.5 36 36.5 37 37.5 38 38.5 39 39.5 40 40.5 41 41.5 42 42.5

33.86 33.74 33.64 33.54 33.42 33.30 33.20 33.08 32.96 32.84 32.72 32.60 32.48 32.36 32.24 32.10 31.98 31.84 31.72 31.58 31.44 31.30 31.16 31.02 30.88 30.72 30.58

57.5 58 58.5 59 59.5 60 60.5 61 61.5 62 62.5 63 63.5 64 64.5 65 65.5 66 66.5 67 67.5 68 68.5 69 69.5 70 70.5

24.60 24.34 24.06 23.80 23.52 23.26 22.98 22.70 22.40 22.12 21.82 21.52 21.22 20.92 20.60 20.30 19.98 19.66 19.34 19.02 18.70 18.38 18.06 17.72 17.40 17.06 16.72

43 43.5 44 44.5 45 45.5 46 46.5 47 47.5

30.42 30.28 30.12 29.96 29.80 29.62 29.46 29.28 29.12

71 71.5 72 72.5 73 73.5 74 74.5 75

16.38 16.06 15.72 15.38 15.04 14.72 14.38 14.04 13.70

CHAPTER 261 THE PRESIDENTIAL EMOLUMENTS ACT 1. 2. 3. Short Title Salary and allowance Gratuity

CHAPTER 261

PRESIDENTIAL EMOLUMENTS An Act to repeal and replace the Presidential Emoluments Act; to provide for the revised salary, allowance and gratuity payable to the holder of the office of President; and to provide for matters connected with or incidental to the foregoing. [6th March, 1981]

Act 2 of 1981 30 of 1985 21 of 1987 35 of 1988 20 of 1989 3 of 1991 30 of 1992 45 of 1994 26 of 1996 18 of 1997 25 of 2000 7 of 2002 12 of 2005

1. (1) This Act may be cited as the Presidential Emoluments Act.

Short title

(2) Subject to subsection (3), this Act shall be deemed to have come into Cap. 261 operation on the 1st April, 2005. (3) Subsection (2) of section two shall come into effect on 1st April 2006. 2. (1) The President shall from 1st April, 2005 to 31st March, 2006 be Salary and allowance paid(a) (b) a salary calculated at the annual rate of K108,874,776.00; and a special annual allowance of K44,373,864.

(For the avoidance of doubt, subsection (1) of section two the principal Act shall stand

repealed on 1st April, 2006.

(2) The President shall, with effect from 1st April, 2006, be paid(a) (b) a salary calculated at the annual rate of K123,028,500.00; and a special annual allowance of K44,373,864.00

(As amended by Act No. 18 of 1997, No. 25 of 2000, No. 7 of 2002 and No. 12 of 2005)

3. A person who has held the office of President for at least three years Gratuity shall, upon the expiration of his term of office or upon his ceasing to be President, be paid a gratuity equal to one hundred per centum of the aggregate amount of emoluments paid or payable to him in respect of the period spent in office: Provided that where a person who holds office of President ceases to hold office(a) by reason of his death; or (b) when a new President assumes office after an election following the dissolution of Parliament before its full term; that person shall be deemed to have served as President for the specified period of three years for the purpose of this section. (As amended by Act No. 3 of 1991)

CHAPTER 262 THE MINISTERIAL AND PARLIAMENTARY OFFICES (EMOLUMENTS) ACT


ARRANGEMENT OF SECTIONS

Sections 1. 2. 2A. 3. 4. 5. Short title Salaries and allowances Constituency allowance Allowances exempt from tax Payment of Gratuity Payments under this Act

6.

Payment of Members of National Assembly in respect

7. No payment of salary during imprisonment, restriction or detention. FIRST SCHEDULE (Repealed and Replaced by Act No. 8 of 2002) SECOND SCHEDULE (Repealed and Replaced By Act No. 8 2002) THIRD SCHEDULE

CHAPTER 262

MINISTERIAL AND PARLIAMENTARY OFFICES (EMOLUMENS) An Act to provide for revised salaries, and gratuity payable to the holders of the offices of Vice President, Speaker, Deputy Speaker, Minister, Deputy Minister, Leader of the opposition and member of the National Assembly; to repeal and replace the Central Committee, Ministerial and Parliamentary Offices (Emoluments) Act, and to provide for matters connected with or incidental to the foregoing. [31st July, 1992]

Act 31 of 1992 46 of 1994 13 of 1995 19 of 1995 22 of 1996 14 of 1997 26 of 2000 8 of 2002 13 of 2005

1. (1) This Act may be cited as the Ministerial and Parliamentary Short title Offices (Emoluments) (Amendment) Act, 2000, and shall be read as one Cap. 262 with the Ministerial and Parliamentary Offices (Emoluments) Act, in this Act referred to as the principal Act. (2) Subject to subsection (3), this Act shall be deemed to have come into operation on 1st April, 2005. (3) Part II of the First Schedule shall come into effect on 1st April, 2006. 2. (1) Subject to this section there shall be paid to the holder of an office Salaries and specified in the first column of the First Scheduleallowances (a) a salary at the annual rate prescribed for that office in the second column of the First Schedule; (b) a special allowance at the annual rate prescribed for that office in the third column of the First Schedule; and

(c) a utility allowance at the annual rate specified for that office in the fourth column of the First Schedule; (d) a fuel allowance, motor vehicle allowance and an allowance for medical expenses at the annual rate prescribed for that office in the fourth, fifth and sixth columns of the First Schedule; and (e) a telephone allowance, entertainment allowance and a driver's allowance at the annual rate prescribed for that office in the seventh, eighth and ninth columns of the First Schedule. (2) There shall be paid to the leader of the opposition and the chief whip a salary at the annual rate prescribed for that office in the First Schedule. (As amended by Act No. 46 of 1994, No. 26 of 2000 and No. 13 of 2005) 2A. (1) There shall be paid to a member of the National Assembly a constituency allowance calculated(a) in the case of a member returned by a constituency specified in Part I of the Third Schedule, at the annual rate specified in the second column of the Second Schedule; and (b) in the case of a member returned by a constituency specified in Part II of the Third Schedule, at the annual rate specified in the third column of the Second Schedule. (2) There shall be paid to a nominated member of the National Assembly in lieu of a constituency allowance, an allowance calculated at the annual rate of ten million kwacha. (As amended by Act No. 46 of 1994 and No. 13 of 2005) 3. (1) The allowances payable under this Act shall be exempt from any Allowances tax imposed on income or profits. exempt from tax (2) For the purposes of any written law relating to the taxations of income or profits, the taxable income of the holder of an office specified in the Schedule shall be determined without taking into account the value of any benefit, right or advantage relating to the occupation of Constituency allowance

housing provided by the Government. 4. (1) Subject to the other provisions of this section, there shall be paid Payment of to the holder of an office specified in the First Schedule, as from 1st gratuity November, 1991, a gratuity at the rate of thirty-five per centum of the last earned gross annual emolument, multiplied by the number of years served on a pro-rata basis. Provided that gratuity paid to any holder of such office under the principle Act before the commencement of this Act shall be deducted from such gratuity. (2) Any member of the National Assembly or the holder of an office specified in the Schedule, other than the Speaker shall not be entitled to a payment of any gratuity under subsection (1) unless he has continuously served as a member of the National Assembly or as a holder of an office specified in the Schedule for a period of not less than twelve months. Provided that a person who has held an office specified in the Schedule or the office of member of the National Assembly for less than twelve months shall also be entitled to a gratuity under this section if he dies or if he ceases or hold such office by reason of his being elected, appointed or nominated by the President to another office. (3) For the purpose of calculating the period of twelve months specified in subsection (2) the holder of an office specified in the Schedule or a member of the National Assembly shall be deemed to have served continuously during any period between the date of the dissolution of Parliament and the date of the commencement of the first session of the new Parliament only if(a) he was a member of the National Assembly or the holder of an office specified in the Schedule at the time which Parliament was dissolved; and (b) he becomes a member of the National Assembly or the holder of an office specified in the Schedule of the commencement of the first session of the new Parliament.

(4) The gratuity payable under the provisions of this section shall become payable only upon dissolution of Parliament and shall be exempt from any tax imposed on income or profits. (As amended by Act No. 46 of 1994, 13 of 1995, 22 of 1996 and 14 of 1997) 5. (1) The salary and gratuity payable to the Speaker under this Act shall be a charge on the general revenues of the Republic. (2) Except as provided by subsection (1), any salary, gratuity or benefit payable under this Act shall be paid from moneys appropriated by Parliament for the purpose. 6. Notwithstanding anything contained in any other written law, no member of the National Assembly shall, in respect of his services as a member ofPayment of Members of National Assembly in (a) a local authority, statutory corporation or any other board, commission, committee, council, tribunal or similar body established by respect or under any written law; (b) any administrative body whose expenses are wholly or partly defrayed out of moneys appropriated by parliament; be paid any remuneration except by way of reimbursements in respect of travelling, subsistence or out-of-pocket expenses incurred by him in the discharge of his functions. 7. Notwithstanding anything contained in this Act, no person shall be paid any salary under this Act in respect of any period during which he is serving a sentence of imprisonment or is restricted or detained in terms of or under the authority of any such law as is referred to in the Constitution. FIRST SCHEDULE No payment of salary during imprisonment, restriction or detention Cap. 1 Payments under this Act

APPENDIX (Section 4) THE FIRST SCHEDULE (Section 2)

PART I
SALARIES AND ALLOWANCES PAYABLE TO SPECIFIED OFFICES
FROM 1ST APRIL, 2005 TO 31ST MARCH, 2006

Position Vice President Speaker Deputy speaker Minister Chief Whip Leader of Opposition Deputy Minister Private Member

Salary K 65,826,072 57,240,060 49,831,584 49,831,584 49,831,584 49,831,584 47,069,292 46,543,920

Special Allowance K 25,402,224 22,525,956 19,777,116 19,777,116 19,777,116 19,777,116 18,071,892 14,367,036

Utility K 20,000,000 20,000,000 20,000,000 20,000,000 20,000,000 20,000,000 20,000,000 20,000,000

PART II SALARIES AND ALLOWANCES PAYABLE TO SPECIFIED OFFICES


FROM 1ST APRIL, 2006

Position Vice President Speaker Deputy speaker Minister Chief Whip Leader of Opposition Deputy Minister Private Member

Salary K 74,383,464 64,681,272 56,309,688 56,309,688 56,309,688 56,309,688 53,188,296 52,594,632

Special Allowance K 25,402,224 22,525,956 19,777,116 19,777,116 19,777,116 19,777,116 18,071,892 14,367,036

Utility K 20,000,000 20,000,000 20,000,000 20,000,000 20,000,000 20,000,000 20,000,000 20,000,000

(As amended by Act No. 8 of 2002, Repealed and Substituted by Act No. 13 of 2005) (For the avoidance of doubt, Part I of the First Schedule shall stand repealed on 1st April, 2006)

SECOND SCHEDULE

THE SECOND SCHEDULE (Section 2A)

CONSTITUENCY ALLOWANCE

Position 1. Vice President Rural Urban Nominated 2. Speaker Rural Urban Nominated 3. Deputy Speaker Rural Urban Nominated 4. Cabinet Minister Rural Urban Nominated 5. Leader of Opposition Rural Urban Nominated 6. Deputy Minister Rural Urban Nominated 7. Private Member Rural Urban Nominated

1 Constituency Allowance 15,000,000 12,000,000 10,000,000 15,000,000 12,000,000 10,000,000 15,000,000 12,000,000 10,000,000 15,000,000 12,000,000 10,000,000 15,000,000 12,000,000 10,000,000 15,000,000 12,000,000 10,000,000 15,000,000 12,000,000 10,000,000

(As amended by Act No. 8 of 2002)

THIRD SCHEDULE (As repealed by Act No. 26 of 2000)

CHAPTER 263 THE CONSTITUTIONAL (EMOLUMENTS) ACT


ARRANGEMENT OF SECTIONS

Section 1. 2. Short title and commencement Salary

SCHEDULE

CHAPTER 263

CONSTITUTIONAL OFFICES (EMOLUMENTS) An Act to provide for revised salaries for holders of offices to which Article 105 of the Constitution applies; to repeal the Constitutional Offices (Emoluments) Act, 1992; and to provide for matters connected with or incidental to the foregoing. [24th December, 1993

Act 41 of 1993 20 of 1995 34 of 1995 25 of 1996 23 of 1998 24 of 2000

9 of 2002 14 of 2005

1. (1) This Act may be cited as the Constitutional Offices (Emoluments) Act. (2) Subject to subsection (3), this Act shall be deemed to have come into operation on 1st April, 2005. (3) Part II of the Schedule shall come into effect on 1st April, 2006 2. There shall be paid to the holder of an office specified in the first column of the schedule, in accordance with the dates specified in Part I and Part II of the Schedule (a) a salary at the annual rate prescribed for that office in the second column of the Schedule; and (b) a responsibility allowance at the annual rate prescribed for that office in the third column of the Schedule. (As amended by Act No. 20 of 1995, Act No. 25 of 1996 and No. 9 of 2002, Repealed and Substituted by Act No. 14 of 2005)

Short title and Cap. 263

Salary and responsibilty allowance

SCHEDULE

APPENDIX (Section 3) SCHEDULE (section 2) PART I SALARIES AND ALLOWANCES PAYAYBLE TO SPECIFIED OFFICES
FROM 1ST APRIL, 2005 TO 31ST MARCH, 2006

1 Office Secretary to the Cabinet Attorney-General Investigator-General Auditor-General Director of Public Prosecution Solicitor General

2 Salary 105,704,424 89,879,364 85,599,396 85,599,396 85,599,396 85,599,396

3 Responsibilty Allowance 42,000,000 36,000,000 36,000,000 36,000,000 30,852,000 30,850,000

PART II SALARIES AND ALLOWANCES PAYAYBLE TO SPECIFIED OFFICES


FROM 1ST APRIL, 2005 TO 31ST MARCH, 2006

1 Office

2 Salary

3 Responsibilty Allowance 42,000,000 36,000,000 36,000,000 36,000,000 30,852,000 30,850,000

Secretary to the Cabinet 119,445,996 Attorney-General 101,563,680 Investigator-General 96,727,320 Auditor-General 96,727,320 Director of Public Prosecution 96,727,320 Solicitor General 96,727,320

(As amended by Act No. 20 of 1995, Act No. 25 of 1996, Act No.23 of 1998 and repealed by Act No. 24 of 2000, as Repealed by Act No.9 of 2002, As Repealed and Replaced by Act No. 14 of 2005)
(For the avoidance of doubt, Part I of the Schedule shall stand repealed on 1st April, 2006)

CHAPTER 264

THE MANAGEMENT SERVICES BOARD ACT.


ARRANGEMENT OF SECTIONS

PART I PRELIMINARY Section 1. 2. Short title Interpretation

PART II ESTABLISHMENT BOARD 3. 4. 5. 6. 7. 8. 9. 10. 11. OF MANAGEMENT SERVICES

Establishment of Board Composition of Board Functions of Board Powers of Board Proceedings of Board Seal Committees of Board Director and Deputy Director of Board Secretary and other staff

PART III FINANCIAL PROVISIONS 12. 13. 14. 15. Funds of Board Financial year Accounts Annual report

PART IV MISCELLANEOUS

16.

Disclosure of interest

17. Prohibition of publication or disclosure of information to unauthorised persons 18. Regulations

SCHEDULE-Powers of Board
CHAPTER 264

MANAGEMENT SERVICES BOARD An Act to provide for the establishment of the Management Services Board; to define the functions and powers of the Board; and to provide for matters connected with or incidental to the foregoing. [1st June, 1981] PART I PRELIMINARY 1. This Act may be cited as the Management Services Board Act.

Act No. 8 of 1981 13 of 1994 Statutory Instrument 71 of 1981

Short title Interpretation

2. In this Act, unless the context otherwise requires"Board" means the Management Services Board established by section three; "Chairman" means the person designated Chairman of the Board under section four; "Deputy Director" means the person appointed Deputy Director of the Board under section ten; "Director" means the person appointed Director of the Board under section ten; "member" means a member of the Board;

"Secretary" means the person appointed Secretary to the Board under section eleven; "Vice-Chairman" means the person elected Vice-Chairman of the Board under section four.

PART II ESTABLISHMENT BOARD OF MANAGEMENT SERVICES

3. There is hereby established the Management Services Board which Establishment shall be a body corporate with perpetual succession and a common seal, of Board capable of suing and of being sued in its corporate name, and with power, subject to the provisions of this Act, to do all such acts and things as a body corporate may by law do or perform and as are necessary for, or incidental to, the carrying out of its functions and powers as set out in this Act. 4. (1) The Board shall consist of the following membersComposition of Board

(a)

the Secretary to the Cabinet, who shall be the Chairman;

(b) the Permanent Secretary in the Ministry responsible for legal affairs; (c) the Permanent Secretary in the Ministry responsible for finance;

(d) the Permanent Secretary in the Ministry responsible for development planning; (e) the Permanent Secretary in the Ministry responsible for commerce and industry; (f) (g) the Permanent Secretary in the Ministry responsible for labour; obsolete;

(h)

obsolete;

(i) the Dean of the School of Management of the Copperbelt University; (j) (k) a representative of the Zambia Federation of Employers; a representative of the Zambia Congress of Trade Unions;

(l) two representatives from the industrial sector appointed by the Minister after consultation with the Zambia Association of Chambers of Commerce and Industry. (2) The Board shall elect a Vice-Chairman from amongst its members who shall discharge the functions of the Chairman whenever the office of Chairman is vacant or the Chairman is absent or is for any other cause prevented from discharging the functions of his office. 5. (1) It shall be the function of the Board to foster sound management Functions of and organisational development in the parastatal and other sectors of the Board economy. (2) Without prejudice to the generality of subsection (1), it shall be the function of the Board to(a) assist organisations through the provision of professional consultancy services to improve their management systems and performance; (b) design and carry out management training programmes in various fields for upgrading skills and improving managerial performances; (c) encourage the development of managerial skills within client organisations; (d) develop management information and communication systems;

(e) assist in strengthening the management training capacity of educational and training institutions through joint programmes; (f) conduct such surveys and research relating to managerial manpower or training as may be required to develop effective national policies; (g) assist in developing management capabilities in the small-scale business sector by providing services relating to entrepreneurial selection, training, consulting and counselling; (h) act as the national medium for co-ordinating the management development efforts and activities of various training and educational institutions in Zambia or elsewhere; and (i) participate in regional management development activities in collaboration with other institutions outside Zambia. 6. Subject to the provisions of this Act, the Board shall have power to Powers of do all or any of the things specified in the Schedule. Board 7. (1) Subject to the provisions of this section, the Board may regulate Proceedings of its own procedure. Board (2) The quorum of the Board shall be five. (3) For the transaction of its business, the Board shall hold meetings at such places and at such times as the Chairman may determine, but not less than three times a year. (4) There shall preside at any meeting of the Board(a) (b) the Chairman; or in the absence of the Chairman, the Vice-Chairman; or

(c) in the absence of the Chairman and the Vice-Chairman, such member as the members present may elect for that meeting.

(5) Subject to the provisions of subsection (6), a decision of the Board on any question shall be by a majority of the members present and voting at a meeting and, in the event of an equality of votes, the person presiding at the meeting shall have a casting vote in addition to his deliberative vote. (6) Where any member is, for any reasonable cause, unable to attend any meeting of the Board, he may, be notice in writing addressed to the Chairman, authorise his next subordinate officer to attend a meeting in his stead and such officer shall be deemed to be a member only during the absence of the substantive member and shall, during such absence, have all the powers of such member. (7) The Board may invite any person, whose presence is in its opinion desirable, to attend and to participate in the deliberations of a meeting of the Board but such person shall have no vote. (8) The validity of any proceedings, act or decision of the Board shall not be affected by any vacancy in the membership of the Board or by any defect in the appointment of any member or by reason that any person not entitled so to do took part in the proceedings. (9) The Board shall cause minutes to be kept of the proceedings of every meeting of the Board and of every meeting of any committee established by the Board, and a copy of such minutes shall be furnished by the Board(a) (b) to the Minister; to such other person as the Board may determine.

8. (1) The seal of the Board shall be such device as may be determined Seal by the Board and shall be kept by the Secretary. (2) The Board may use a wafer or rubber stamp in lieu of an embossed seal.

(3) The affixing of the seal of the Board shall be authenticated by the Chairman or Vice-Chairman and the Secretary or one other person authorised in that behalf by a resolution of the Board. (4) Any document purporting to be a document duly executed or issued under the seal of the Board or on behalf of the Board shall be received in evidence and shall be deemed to be a document so executed or issued, as the case may be, without further proof, unless the contrary is proved. (5) Any contract or instrument which, if entered into or executed by a person not being a body corporate, would not require to be under seal, may be entered into or executed without seal on behalf of the Board by the Secretary or any other person generally or specifically authorised by the Board in that behalf. 9. (1) The Board may establish committees for the purpose of performing any of its functions under this Act and may delegate to any such committee such of its functions as it deems fit. (2) The Board may appoint as members of a committee established under subsection (1), persons who may or may not be members of the Board, and such persons shall hold office for such period as the Board may determine. (3) Subject to any specific or general direction of the Board, any committee established under subsection (1) may regulate its own procedure. 10. (1) The Board shall, subject to the approval of the Minister, appoint Director and a Director of the Board who shall be the chief executive officer of the Deputy Director Board. of Board (2) The Board may appoint a Deputy Director of the Board. (3) The Director, or in his absence the Deputy Director, shall attend meetings of the Board, and may address such meetings, but shall not vote on any matter: Committees of Board

Provided that the person presiding at any meeting of the Board may, for good cause, require the Director or Deputy Director, as the case may be, to withdraw from such meeting. (4) The provisions of section sixteen shall apply to the Director and Deputy Director. 11. (1) There shall be a Secretary to the Board who shall be appointed Secretary and by the Board on such terms and conditions as the Board may determine. other staff (2) The Secretary shall be responsible for the administration of the day-to-day affairs of the Board under the general supervision of the Director. (3) The Board may appoint, on such terms and conditions as it may determine, such other staff as it may deem necessary for the performance of its functions under this Act.

PART III FINANCIAL PROVISIONS 12. (1) The funds of the Board shall consist of such moneys as may(a) (b) (c) be appropriated by Parliament for the purposes of the Board; be paid to the Board by way of grants or donations; vest in or accrue to the Board. Funds of Board

(2) The Board may(a) accept moneys by way of grants or donations from any source in Zambia and, subject to the approval of the Minister, from any source outside Zambia;

(b) subject to the approval of the Minister, raise by way of loans or otherwise such moneys as it may require for the discharge of its functions; (c) charge and collect fees in respect of programmes, seminars, consultancy services, and other services provided by the Board. (3) There shall be paid from the funds of the Board(a) the salaries and allowances of the staff of the Board;

(b) such reasonable travelling, transport and subsistence allowances of members of the Board or of any committee when engaged on the business of the Board as the Board may determine; (c) any other expenses incurred by the Board in the discharge of its functions. (4) The Board may invest in such manner as it thinks fit such of its funds as it does not immediately require for the discharge of its functions. 13. The financial year of the Board shall be the period of twelve months ending on the 31st December in any year. Financial year

14. The Board shall cause to be kept proper books of account and other Accounts records in relation thereto. 15. (1) As soon as practicable, but not later than six months after the expiry of each financial year, the Board shall submit to the Minister a report concerning its activities during such financial year. (2) The report referred to in subsection (1) shall, among other things, include a report on the financial affairs of the Board and there shall be appended thereto(a) a balance sheet; Annual report

(b) and (c)

an audited statement of revenue and expenditure during the year;

such other information as the Minister may require.

(3) The Minister shall, not later than seven days after the first sitting of the National Assembly next after the receipt of the report referred to in subsection (1), lay it before the National Assembly.

PART IV MISCELLANEOUS 16. (1) If a member of the Board or of any committee of the Board or Disclosure of his spouse is directly or indirectly interested, in his private capacity, in interest any matter and is present at a meeting of the Board or committee, as the case may be, at which such matter is the subject of consideration, he shall, as soon as practicable after the commencement of the meeting, disclose such interest, and shall not, unless the Board or committee, as the case may be, otherwise directs, take part in any consideration or discussion, or vote on, any question touching such matter. (2) A disclosure of interest made under subsection (1) shall be recorded in the minutes of the meeting at which it is made. 17. (1) A person shall not, without the consent in writing given on behalf of the Board, publish or disclose to any person, otherwise than in the course of his duties, the contents of any document, communication or information whatsoever, which relates to, and which has come to his knowledge in the course of, his duties under this Act. Prohibition of publication or disclosure of information to unauthorised persons

(2) Any person who knowingly contravenes the provisions of subsection (1) shall be guilty of an offence and shall be liable, upon conviction, to a fine not exceeding twelve thousand five hundred penalty units or to imprisonment for a term not exceeding three years, or to both.

(3) If any person having information which to his knowledge has been published or disclosed in contravention of subsection (1) unlawfully publishes or communicates any such information to any other person, he shall be guilty of an offence and shall be liable, upon conviction, to a fine not exceeding twelve thousand five hundred penalty units or to imprisonment for a term not exceeding three years, or so both. (As amended by Act No. 13 of 1994) 18. The Minister may, after consultation with the Board, make regulations, by statutory instrument, for the better carrying out of the provisions of this Act. Regulations

SCHEDULE
(Section 6)

POWERS OF BOARD
1. To establish any fund for the acquisition of property. 2. To build, acquire, maintain or otherwise deal with any property. 3. To sell, exchange, lease, mortgage, dispose of, turn to account or otherwise deal with any property of the Board. 4. To do all such things as are necessary or expedient for the management and administration of the Board. 5. To draw, make, accept, endorse, discount, execute or issue for the purposes of the Board, promissory notes, bills of exchange, bills of lading, securities and other negotiable and transferable instruments. 6. To insure against loss, damage, risks and liabilities which the Board may incur. 7. To enter into contracts of suretyships, or to give guarantees, for the purposes of the Board. 8. To raise or make loans or to invest moneys of the Board. 9. To delegate any powers of the Board to the Director, Deputy Director or the Secretary. 10. To grant such leave of absence and pay such bonuses or make such awards to the staff of the Board as it thinks fit. 11. To provide pecuniary benefits for the staff of the Board on their retirement, resignation, discharge or other termination of service or in the event of their sickness or injury.

12. To effect policies of insurance, establish any pension or provident fund or make any provision to secure any benefit for the staff of the Board or their dependants. 13. To make loans to the staff of the Board for the purpose of purchasing vehicles, tools or other equipment to be used by the staff in carrying out their duties. 14. To make salary or wage advances, not exceeding three months' salary or wages, to the staff of the Board for such purposes and on such terms as the Board may determine. 15. To do all such things as are incidental or conducive to the exercise of the powers or the performance of the functions of the Board.

CHAPTER 265 THE TRANSFERRED FEDERAL OFFICERS (DEPENDANTS) PENSIONS ACT


ARRANGEMENT OF SECTIONS

Section 1. 2. 3. 4. 5. Short title Interpretation Payments to the Government Refunds of payments Pension for widows

6. Payments of pension or other benefits to widows of a deceased person who was married under a system permitting of polygamy 7. Pension for children 8. Payments of pension to children of a deceased person who was married under a system permitting of polygamy 9. 10. 11. 12. Rights of dependants of guaranteed officers Furnishing of information Forfeiture of pension Pensions or other benefits not to be assignable

13. Pensions and other benefits charged on general revenues of the Republic

CHAPTER 265

TRANSFERRED FEDERAL OFFICERS (DEPENDANTS) PENSIONS An Act to provide for the making of payments to the Government of Zambia by certain public officers who transferred from the service of the Government of the former Federation of Rhodesia and Nyasaland; to provide for the payment of pensions and other benefits to the dependants of such officers in the event of death; and to provide for matters incidental to or connected with the foregoing. [15th January, 1965] 1. This Act may be cited as the Transferred Federal Officers (Dependants) Pensions Act. 2. (1) In this Act, unless the context otherwise requires-

4 of 1965

Short title

Interpretation Cap. 279 "beneficiary" means a legitimate or legitimated son or daughter (including a posthumous child, stepchild, or child legally adopted) of an Cap. 279 Cap. 279 officer or pensioner, if the son or daughter is under the age of Cap. 266 twenty-one years andCap. 279 (a) in the case of a son, is not under the age of eighteen years; (b) in the case of a daughter, has not been married and is not under the age of eighteen years; "child" means an unmarried legitimate or legitimated son or daughter (including a posthumous child, step-child or child legally adopted) under the age of eighteen years, of an officer or pensioner; "deficit" means the difference between(a) the aggregate of the annual rate of the pensions which would have been payable to a widow, child or beneficiary, as the case may be, of a guaranteed officer under the Widows and Orphans Pension Act or the scheme had he died immediately before the date of transfer from the Government or the Government of the former Protectorate of Nyasaland to the service of the Government of the former Federation of Rhodesia and Nyasaland; and (b) the aggregate of the annual rate of the pensions which at his death are payable to a widow, child or beneficiary, as the case may be, of a guaranteed officer under the Widows and Orphans Pension Act or the scheme: Provided that in determining the deficit no account shall be taken of any additional pension payable to a widow, child or

beneficiary, as the case may be, by reason of voluntary payments made under the Widows and Orphans Pension Act or the scheme; "emoluments factor" means the aggregate of the pensionable emoluments of an officer during his pensionable service divided by the aggregate of his emoluments accepted as pensionable during his pensionable employment; Provided that, where part only of any service in a civil capacity is taken into account as pensionable service, a proportionate part only of the aggregate emoluments during that service shall be taken into account as pensionable emoluments; "established officer" means any officer other than a probationer; "final pensionable emoluments" means the emoluments accepted by the Government for the purpose of calculating an officer's pension or which would have been accepted by the Government for the purpose of calculating such officer's pension had he retired at the date of his death; "the Government" means the Government of Zambia, or, in respect of any period before the 24th October, 1964, the Government of the former Protectorate of Northern Rhodesia; "guaranteed officer" means an officer or pensioner who was appointed to the service of the Government of the former Federation of Rhodesia and Nyasaland on transfer from the service of the Government or the Government of the former Protectorate of Nyasaland; "officer" means a person who(a) on or after the 1st October, 1963, transferred from the service of the Government of the former Federation of Rhodesia and Nyasaland to the Northern Rhodesia Civil Service (Local Conditions) and in respect of any period after such transfer contributed to the Northern Rhodesia Civil Service (Local Conditions) Pension Fund; and (b) subsequently transferred from the Northern Rhodesia Civil Service (Local Conditions), or the Zambia Civil Service (Local Conditions), as the case may be, to other public service in the former Protectorate of Northern Rhodesia or in Zambia in circumstances in which he qualified on retirement for the award of a pension under Part II of the Third Schedule to the European Officers' Pensions Act; "pension" means an annual pension payable during the lifetime of the recipient unless under this Act it is payable for a shorter period; "pensionable employment" means the period of employment under the Government and any other Governments and administrations under which an officer has served and which may be taken into account in computing his pension; "pensionable service" means service from the date an officer transferred

from the Northern Rhodesia Civil Service (Local Conditions) or the Zambia Civil Service (Local Conditions), as the case may be, until the officer either retired on pension or transferred to other service which falls to be included in his period of pensionable employment; "pensioner" means a former officer who has retired and is in receipt of, or is qualified for the award of, a pension under the European Officers' Pensions Act; "Permanent Secretary" means the Permanent Secretary, Ministry of Finance; "probationer" means an officer who has not been confirmed in his appointment; "the scheme" has the meaning assigned to it by the Widows and Orphans Pension Act. App. 2 (2) For the purpose of this Act a person who, immediately before his transfer to the Northern Rhodesia Civil Service (Local Conditions), was a seconded officer within the meaning of section 20 of the Federation of Rhodesia and Nyasaland (Dissolution) Order in Council, 1963, shall be deemed to have transferred from the service of the Government of the former Federation of Rhodesia and Nyasaland. Payments to the 3. (1) An officer shall pay to the Government two and one-half per centum of the pensionable emoluments payable to him after his transfer Government from the Northern Rhodesia Civil Service (Local Conditions) or the Zambia Civil Service (Local Conditions), as the case may be. (2) The payment of amounts payable by an officer under subsection (1) shall ordinarily be effected by deducting such amounts from any pensionable emoluments payable to the officer. (3) If after an officer's last day of pensionable service under the Government any amount which remains unpaid is not paid within thirty days of the officer being notified of that amount, interest at the rate of five per centum per annum shall be charged thereon until such time as the debt is discharged or the officer dies, whichever occurs sooner. (4) Any amount including interest payable to the Government under this section which remains unpaid shall be deducted in such manner as the appropriate Service Commission shall determine from any pension or other benefit which would otherwise be payable under this Act to the

officer, his estate or dependants. (5) All amounts paid to the Government under this section shall be paid into the general revenues of the Republic. 4. (1) There shall be paid to a probationer who ceases to be employed Refunds of by the Government on pensionable terms before being confirmed in his payments appointment the amount of any payments made by him to the Government under section three. (2) Subject to the provisions of this Act, on the death of a probationer, there shall be paid to the widow or child of such probationer in accordance with the provisions of subsection (3), or if there is no widow or child, to the estate of such probationer, the amount of any payments made by such probationer to the Government under section three. (3) Any amount payable under subsection (2) to a widow or child shall be paid(a) if there is a widow and no child, to the widow;

(b) if there is a widow and one child or more than one child, or no widow but one child or more, to such person or persons and in such proportions as shall from time to time be determined by the appropriate Service Commission. 5. (1) Subject to the provisions of this Act, if an established officer dies Pension for and leaves a widow there shall be paid to the widow a pension equal to widows the emoluments factor multiplied by forty per centum of the total of(a) the product of one seven hundred and twentieth of his final pensionable emoluments multiplied by the number of completed months of pensionable employment; and (b) seventy per centum of the product of one seven hundred and twentieth of his final pensionable emoluments multiplied by the number of complete months from the date of such officer's death to the date of the sixtieth anniversary of his date of birth.

(2) Subject to the provisions of this Act, if a pensioner dies and leaves a widow, there shall be paid to the widow a pension equal to the pension which would have been payable to the widow under subsection (1) had the officer died on his last day of pensionable service. (3) Subject to the provisions of this Act, a pension payable under this section shall be paid from the day following the date of death of the officer or pensioner, as the case may be. (4) Any pension payable under this section shall cease on the date on which the widow remarries. (5) If, in the opinion of the appropriate Service Commission, the widow of an officer or pensioner is cohabiting with any person the appropriate Service Commission may, if it thinks fit, terminate the pension payable to her as from a date determined by the appropriate Service Commission: Provided that, if the appropriate Service Commission is satisfied at a subsequent date that the cohabitation has come to an end and is of the opinion that payment of the pension should be resumed, the pension shall be restored as from a date determined by the appropriate Service Commission. 6. (1) When an officer or a pensioner who was married under a system permitting of polygamy dies, the pension or other benefit payable under section four or five shall be calculated as if there had been only one widow of that officer or pensioner, as the case may be, and shall be divided equally into the same number of parts as the number of widows surviving at the date of the death of the officer or pensioner. Payments of pension or other benefits to widows of a deceased person who was married under a system permitting of polygamy

(2) Each surviving widow of the deceased officer or pensioner, as the case may be, shall be paid one part of the pension or other benefit calculated in accordance with subsection (1).

(3) A pension payable to a widow under this section shall cease on the date on which she remarries or dies or, in the opinion of the appropriate Service Commission, cohabits with any person, and the pension for the remaining widow or widows, if any, shall not be increased, 7. (1) Subject to the provisions of this Act, if an established officer or a Pension for pensioner dies and leaves a widow and children, there shall be paid in children respect of his children, with effect from the day following the date of his death, a pension equal to the following percentages of the widow's pension calculated under the provisions of section five: (a) (b) (c) (d) (e) for one child-twenty-five per centum; for two children-forty per centum; for three children-fifty per centum; for four children-sixty per centum; for five or more children-sixty-six and two-thirds per centum:

Provided that on the death or remarriage of the widow the pension in respect of the children shall be at the rates specified in subsection (2). (2) Subject to the provisions of this Act, if an established officer or pensioner dies and leaves no widow but leaves children, there shall be paid in respect of those children, with effect from the day following the date of his death, a pension equal to the following percentages of the pension that would have been payable to his widow under section five had he left one: (a) (b) (c) (d) for one child-fifty per centum; for two children-eighty per centum; for three children-one hundred per centum; for four children-one hundred and twenty per centum;

(e) for five or more children-one hundred and thirty-three and one-third per centum. (3) If a child dies or ceases to be a child within the meaning of this Act, the pension payable under this section shall cease or, if there are other children, shall be adjusted accordingly. (4) Any pension payable under this section shall be paid to such person or persons as shall from time to time be determined by the appropriate Service Commission and shall, in accordance with its determination, be paid in respect of one child or apportioned between any two or more of the children. (5) If the deceased officer or pensioner leaves a widow who does not maintain or deserts or abandons a child of herself and such officer or pensioner, the Permanent Secretary (Establishments) may, with the concurrence of the appropriate Service Commission, direct that such portion of the widow's pension as he thinks fit shall be paid to such person as he may direct and be applied by such person for the benefit of such child. (6) Notwithstanding any other provision contained in this Act, if a pension is being paid under this Act in respect of a child(a) because of the death of the father of that child, no further pension shall be payable under this Act in respect of that child on the death of the step-father of that child; (b) because of the death of the step-father of that child, no further pension shall be payable under this Act in respect of that child on the death of the father of that child. 8. (1) Subject to the provisions of subsection (2), when an officer or pensioner who was married under a system permitting of polygamy dies, the pension payable under section seven in respect of the children shall be calculated on the pension payable as if there had been only one widow. Payments of pension to children of a deceased person who was married under a system permitting of

polygamy (2) The proviso to subsection (1) of section seven shall only apply from the date on which the last widow's pension ceases in accordance with the provisions of subsection (3) of section six. 9. (1) Subject to the provisions of this Act, if a guaranteed officer dies Rights of and hedependants of guaranteed officers (a) leaves a widow and no child or beneficiary, the following provisions shall apply: (i) there shall be paid to the widow the pension payable to her under section five; (ii) if the pension referred to in sub-paragraph (i) is less than the deficit, there shall be paid to the widow a special pension equal to the difference between that pension and the deficit; (b) leaves a widow and child and, additionally or alternatively, a beneficiary, the following provisions shall apply: (i) there shall be paidA. to the widow, the pension payable to her under section five; B. in respect of the child, if any, the pension payable in respect of him under section seven; (ii) if the aggregate of the pension or pensions, as the case may be, referred to in sub-paragraph (i) is less than the deficit, there shall be paid to the widow a special pension equal to the difference from time to time between the aggregate and the deficit: Provided that, if the pension payable to the widow referred to in sub-paragraph (i) ceases to be payable, the provisions of paragraph (c) shall there-after apply in relation to any child or beneficiary; (c) does not leave a widow but leaves a child and, additionally or alternatively, a beneficiary, the following provisions shall apply: (i) there shall be paid in respect of the child, if any, the appropriate pension payable in respect of him under subsection (2) of section seven; (ii) if the pension referred to in sub-paragraph (i) is less than the

deficit, there shall be paid in respect of the child a special pension equal to the difference from time to time between the pension and the deficit; (iii) if the pension referred to in sub-paragraph (i) ceases to be payable or if no such pension is payable and there is a beneficiary, there shall be paid in respect of that beneficiary a special pension equal to the deficit. (2) Any special pension payable under this section, other than a special pension payable to a widow, shall(a) be paid to such person or persons as shall from time to time be determined by the appropriate Service Commission; and (b) in accordance with the directions of the appropriate Service Commission be paid in respect of one child or beneficiary or apportioned between any two or more children and, additionally or alternatively, beneficiaries. (3) Any special pension payable to a widow under this section shall cease on the date she remarries. (4) A widow to whom a pension was payable under this section whose pension ceased on her remarriage shall(a) if her husband dies in her lifetime and she is not eligible to receive any pension from the Government in respect of her husband's employment in the service of the Government, be paid the pension which was payable to her before her marriage(i) as from the date of the death of her husband; or (ii) as from the date that any pension payable in respect of the children or beneficiaries of her marriage with the guaranteed officer ceases; whichever is the later; or (b) if she becomes entitled, on the death of her husband, to a pension from the Government in respect of her husband's employment in the service of the Government(i) if there are children or beneficiaries of her previous marriage

who are in receipt of a pension under this Act, be paid the pension to which she becomes entitled on the death of her husband until the pension payable in respect of the children or beneficiaries ceases and shall then elect either to continue to be paid such pension or to be paid in lieu the pension which was payable to her before her remarriage; or (ii) if there are no such children or beneficiaries of her previous marriage, elect forthwith either to be paid such pension or to be paid in lieu the pension which was payable to her before her remarriage: Provided that, in the event of a widow electing to be paid the pension which was payable to her before her remarriage in lieu of any pension which may subsequently become due, such subsequent pension shall be paid to the children or beneficiaries, if any, of her remarriage who are living and are eligible for a pension under this Act. (5) Any reference in paragraph (a) or (b) of subsection (4) to the husband of a widow shall be construed as a reference to her husband by any remarriage. (6) If a beneficiary dies or ceases to be a beneficiary within the meaning of this Act, and(a) there are no other beneficiaries, the special pension payable in respect of the beneficiary shall cease; (b) there are other beneficiaries, the special pension or the portion of that pension, if any, payable in respect of that beneficiary shall, subject to the provisions of subsection (2), be payable in respect of the other beneficiaries. 10. (1) An officer shall, unless he has previously done so, within ninety Furnishing of days after he becomes subject to the provisions of this Act, furnish the information Permanent Secretary with proof(a) of the date of his birth; and

(b) if he is a married man, or a widower with children or beneficiaries, of the dates of his marriage, and of the births of his wife, children and beneficiaries (if any).

(2) An officer who marries before his last day of pensionable service under the Government shall, within ninety days after his marriage, furnish the Permanent Secretary with proof of his marriage and of the date of birth of his wife. (3) An officer shall, within ninety days after the event, furnish the Permanent Secretary with proof of(a) (b) (c) the birth of any child born to him; the marriage of any female child or beneficiary; the death of his wife or of any of his children or beneficiaries.

(4) After the death of any married officer, the widow of such officer shall, within ninety days after the event, furnish the Permanent Secretary with proof of(a) (b) (c) (d) (e) the date of the death of the officer; the birth of any posthumous child born to such officer; the marriage of any female child or beneficiary of such officer; the death of any child or beneficiary of such officer; her own remarriage.

(5) An officer or pensioner who contracts or who has contracted a marriage under a system permitting of polygamy shall notify the Permanent Secretary of(a) (b) the name of each wife; the names of the children of each marriage; and

(c) the dissolution of any marriage by death or divorce or the nullification of any marriage.

(6) No pension or other benefit shall be paid under this Act(a) to a widow until proof of marriage to and the date of the death of the husband has been furnished; (b) in respect of a child or beneficiary until proof has been furnished of the eligibility of that child or beneficiary therefor; (c) to a widow or in respect of the children of an officer or pensioner married under a system permitting of polygamy unless their names have been notified in accordance with the provisions of subsection (5). (7) The proof required to be furnished under this section shall be to the satisfaction of the Permanent Secretary: Provided that the payment of a pension or other benefit under this Act shall not be withheld by reason that any proof furnished is not to the satisfaction of the Permanent Secretary unless the appropriate Service Commission concurs in the decision to withhold the payment of the pension or other benefit. 11. (1) If an officer or widow of an officer shall at any time have Forfeiture of wilfully made any false statement respecting any of the particulars pension required by this Act to be furnished, all or any part of the rights under this Act of the officer or widow or child or beneficiary of the officer shall be liable to be forfeited at the discretion of the appropriate Service Commission. (2) If a person becoming entitled to or actually in receipt of a pension under this Act is found guilty by a court of competent jurisdiction(a) of misappropriating public moneys or property of the Government; or (b) of making a false statement for the purpose of obtaining a pension, knowing the statement to be false or not believing it to be true; his right to any pension or his pension, as the case may be, shall, in accordance with the directions of the appropriate Service Commission,

be suspended, reduced or forfeited, as the case may be. 12. A pension or other benefit payable under this Act shall not be assignable or transferable except for the purpose of satisfying(a) a debt due to the Government; or (b) an order of any court for the periodical payment of sums of money towards the maintenance of the wife or former wife or child or beneficiary of the officer to whom the pension or other benefit is payable; and shall not be liable to be attached, sequestered or levied upon for or in respect of any debt or claim whatsoever except a debt due to the Government: Provided that the provisions of the Maintenance Orders Act shall apply in relation to any pension or other benefit payable under this Act. 13. Any pension or other benefit payable under this Act shall be a charge on the general revenues of the Republic. Cap. 56 Pensions or other benefits not to be assignable

Pensions and other benefits charged on general revenues of the Republic

CHAPTER 266 THE EUROPEAN OFFICERS' PENSIONS ACT


ARRANGEMENT OF SECTIONS

Section 1. 2. 3. Short title Interpretation President may make pension regulations

4. Pensions, etc., to be charged on general revenues of the Republic 5. Circumstances in which pension, etc., may be reduced or withheld 6. 7. Service not qualifying for pension Circumstances in which pension, etc., may be granted

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

Termination of employment in the public interest Removal from office of certain officers Retirement on grounds of age or marriage Maximum pension grantable Suspension of pension on re-employment Gratuity affected by re-employment Pensions, etc., not to be assignable Pensions, etc., to cease on bankruptcy Pensions, etc., to cease on conviction Pensions, etc., to cease on accepting certain appointments Gratuity where an officer dies in the service or after retirement Pensions to dependents when a European officer is killed on Application Other service that may count as pensionable service

22. Savings as to officers selected for appointment before but actually appointed after the commencement of this Act FIRST SCHEDULE-Contributions payable by certain officers in respect of specified periods of service SECOND SCHEDULE-Retirement of certain officers THIRD SCHEDULE-Regulations for the granting of pensions, gratitudes and other allowances to European officers

CHAPTER 266

EUROPEAN OFFICERS' PENSIONS

10 of 1927 26 of 1927 An Act for regulating pensions, gratuities and other allowances to be 25 of 1929 granted in respect of the service of European officers with the 47 of 1929 Governments; and to provide for matters incidental to or connected with 35 of 1931 the foregoing. 38 of 1933 8 of 1936

31 of 1937 [1st April, 1927] 4 of 1939 41 of 1940 36 of 1949 35 of 1954 3 of 1956 8 of 1958 43 of 1958 34 of 1961 27 of 1962 32 of 1963 75 of 1965 *49 of 1967 Government Notices 123 of 1964 497 of 1964 Statutory Instrument 144 of 1965 *This Act is deemed to have come into force on 1st January, 1966. 1. This Act may be cited as the European Officers' Pensions Act. Short title Interpretation Cap. 1 Cap. 134

2. (1) In this Act, unless the context otherwise requires"appropriate Commission" shall have the meaning assigned to that expression in the Constitution; "Civil Service (Local Conditions)" means(a) in respect of any period before the 24th October, 1964, that part of the civil service of the former Protectorate of Northern Rhodesia which served under the terms and conditions of service introduced with effect from the 1st November, 1961, or under such terms and conditions of service as varied from time to time; (b) in respect of any period on or after the 24th October, 1964, that part of the civil service of the Government of Zambia serving under such terms and conditions of service as may be prescribed for civil servants who are citizens of Zambia or under such terms and conditions of service as may be varied from time time;

"East African Dependencies" means Kenya, the Uganda Protectorate, the Zanzibar Protectorate, the Nyasaland Protectorate, the Somaliland Protectorate, the Tanganyika Territory, the former Protectorate of Northern Rhodesia, Zambia, and the East Africa High Commission; *This Act is deemed to have come into force on 1st January, 1966. "East African service" means service in a civil capacity under the administration of one or more of the East African Dependencies or the Tanganyika Republic. Service as a Governor or High Commissioner of a British Dominion, Colony, Protectorate, or Trust Territory, or a territory under British mandate, or as a Governor in India shall be deemed to be "public service" except for the purpose of computation of pension or gratuity and of section eleven; "European officer" means any officer both of whose parents were of European descent, but includes also any other officer appointed under the conditions of service ordinarily applicable to Europeans. In case of any question or dispute arising as to whether an officer is to be regarded as a European officer for the purposes of this Act or of any regulations made hereunder, the decision of the President shall be final; "the Governments" means the Government of Zambia, or, in respect of any period before the 24th October, 1964, the Government of the former Protectorate of Northern Rhodesia; "house allowance" means the estimated value of free quarters as defined by regulations under this Act; "inducement allowance" means the inducement allowance referred to in paragraph (a) of clause 3 of the agreement set out in the Schedule to the Overseas Service Act; "month" means a calendar month; "other public service" means public service not under the Governments and includes service in the Teaching Service and service in the Civil Service (Local Conditions); "pensionable emoluments"(1) in respect of service in Zambia includes(a) (b) salary; inducement allowance:

Provided that any increase in that allowance which becomes payable after the 31st December, 1965, subject to conditions as to the application of such increase in assessing pensions, shall not be included in pensionable emoluments save in accordance with those conditions;

(c)

personal allowance;

(d) in the case of officers who retired from public service prior to the 1st January, 1946, and in the case of officers retiring subsequently to that date who have not become subject to the revised terms and conditions of service which became effective on the said 1st January, 1946, house allowance; (e) for the purpose of calculating the aggregate pensionable emoluments of officers retiring from public service subsequently to the 1st January, 1946, who(i) have become subject to the revised terms and conditions of service which became effective as from the 1st January, 1946; and (ii) have pensionable service under any scheduled Government; house allowance in respect of service prior to the said 1st January, 1946; but does not include duty allowance, entertainment allowance or any other emoluments whatever; (2) in respect of other public service, means emoluments which count for pension in accordance with the law or regulations in force in such service; "pensionable office" means(a) in respect of service in Zambia, any office held by a European officer, unless the officer is appointed thereto subject to the express condition that the office shall be non-pensionable; (b) in respect of other public service, an office which is a pensionable office under the law or regulations in force in such service; "personal allowance" means a special addition to the salary granted personally to the holder for the time being of the office, but does not include such an addition if it is granted subject to the condition that it shall not be pensionable; "Police Force" means(a) in respect of any period before the 24th October, 1964, the Northern Rhodesia Police Force; (b) in respect of any period on or after the 24th October, 1964, the Zambia Police Force; "public service" means service in a civil capacity with the Governments or service in the Teaching Service or service in a civil capacity in the Government of any part of her Britannic Majesty's dominions or of any

British Protectorate administered by the Government of any part of Her Britannic Majesty's dominions, or of the New Hebrides or the Anglo-Egyptian Sudan, or the Tanganyika Republic, or service which is pensionable under the Teachers' (Superannuation) Act, 1925, of the United Kingdom, or any Act amending or replacing the same, or under the Colonial Superannuation Scheme, or in a Colonial University College, or pensionable employment under a local authority in the United Kingdom, or in such other service as may have been determined by one of her Britannic Majesty's Principal Secretaries of State to be "public service" or as may hereafter be determined by the President to be "public service" for the purpose of any provision of this Act, and except for the purposes of computation of pension or gratuity and of section eleven, includes service as a Governor-General, Governor or High Commissioner in any part of Her Britannic Majesty's dominions, any British Protected State or Protectorate, any Mandated or Trust Territory administered by the Government of any part of Her Britannic Majesty's dominion, or the Anglo-Egyptian Sudan; "salary" means the salary attached to an office; "service in Zambia", "service of Zambia" includes any service for which a pension or gratuity might have been granted under the Northern Rhodesia Police Act, Chapter 44 of the 1964 Edition of the Laws, or under the Zambia Police Act, or under the Northern Rhodesia Civil Service Proclamation, 1920, as subsequently amended and rules made thereunder, but for the purposes of this Act does not include service in the Civil Service (Local Conditions): Provided that notwithstanding anything to the contrary contained in the Civil Service Rules of Northern Rhodesia, 1921, the age from which pensionable service may be reckoned shall be twenty years; "Teaching Service" means the Teaching Service described in the Teaching Service Regulations; "Trust Territory" means a Territory administered by Her Britannic Majesty's Government in the United Kingdom under a Trusteeship Agreement with the United Nations Organisation; "year" means a calendar year. (2) Notwithstanding that Palestine ceased to be a Territory under British mandate on the 15th May, 1948, any European officer who held office in the service of the Government of Palestine immediately before such date shall, for the purposes of this Act or of any regulations made thereunder, be deemed to continue in his office until either he is appointed to the public service elsewhere, or if not so appointed he retires or is removed from office.

(3) An officer shall be deemed to have become subject to the revised terms and conditions of service which became effective as from the 1st January, 1946(a) if being in the service of the former Protectorate of Northern Rhodesia at any time during the period beginning on the 1st January, 1946, and ending on the 29th June, 1948, he has notified the Accountant-General on or before such date as may have been notified by the Governor of the said former Protectorate in the Gazette, or within such further period as the Governor may have directed, or the President may hereafter direct, that he wished to become subject to such revised terms and conditions of service; or (b) if he is appointed or reappointed to any office in the service of Zambia on or after the 30th June, 1948; or (c) if he transferred from one office to another office in the service of Zambia on or after the 30th June, 1948; or (d) if being in the service of the former Protectorate of Northern Rhodesia immediately before the 30th June, 1948, he is subsequently transferred to the service of one of the other East African Dependencies or the Tanganyika Republic; or (e) if he has died after the 1st January, 1946, and not later than such date as may have been notified or directed under paragraph (a) without notifying the Accountant-General as provided in paragraph (a), and it would have been to his financial advantage to be subject to such revised terms and conditions of service. (No. 36 of 1949 as amended by No. 34 of 1961, No. 27 of 1962, No. 32 of 1963, G.N. No. 123 of 1964, S.I. No. 144 of 1965, No. 75 of 1965 and No. 49 of 1967) 3. (1) It shall be lawful for the President from time to time, by statutory President may instrument, to make, and when made, to vary and revoke regulations for make pension the granting of pensions, gratuities, and other allowances to European regulations officers who have been in the service of Zambia. Any pension or gratuity granted under this Act shall be computed in accordance with the provisions in force at the actual date of the officer's retirement. Such regulations when made shall be laid before the National Assembly:

Provided that, until varied or revoked by any such regulations, the regulations contained in the Third Schedule shall be in force. (2) The said regulations, and any regulations varying or revoking the same as aforesaid, shall have the same force and effect for all purposes as if they were contained in this Act, and the term "this Act" shall in the following sections be read and construed accordingly. (3) Whenever the President is satisfied that it is equitable that any regulation made under this section should have retrospective effect in order to confer a benefit upon, or remove a disability attaching to, any person, that regulation may be given retrospective effect for that purpose. (As amended by No. 36 of 1949, G.N. No. 123 of 1964, S.I. No. 144 of 1965 and No. 75 of 1965) 4. There shall be charged on and paid out of the general revenues of the Republic all such sums of money as may from time to time be granted by way of pension, gratuity or other allowance in accordance with this Act. (As amended by G.N. No. 123 of 1964 and S.I. No. 144 of 1965) 5. Where it is established to the satisfaction of the President that a European officer has been guilty of negligence, irregularity or misconduct, the pension, gratuity or other allowance may, provided the appropriate Commission concurs, be reduced or altogether withheld. (G.N. No. 123 of 1964 as amended by S.I. No. 144 of 1965) 6. No pension, gratuity or other allowance shall be granted to any European officer in respect of any servicePensions etc., to be charged on general revenues of the Republic

Circumstances in which pension, etc., may be reduced or withheld

Service not qualifying for (a) while on probation or agreement, unless without break of service pension he is confirmed in a pensionable office with the Governments or in an office in other public service which is at the time of confirmation pensionable under the pension regulations applicable to such service; or (b) while under the age of twenty years. (As amended by S.I. No. 144 of 1965)

7. (1) Subject to the provisions of this Act, no pension, gratuity or other Circumstances allowance shall be granted to any European officer except on his in which retirement from the public service in one of the following cases: pension, etc., may be granted (a) (b) (i) or (ii) on the grounds of age; under the provisions ofthe Zambia (Compensation and Retiring Benefits) Order, 1964; the Non-Designated Expatriate Officers (Retiring Benefits) Act; Cap. 280

(c) in the case of transfer to other public service, in circumstances in which he is permitted by the law or regulations of the service in which he is last employed to retire on pension or gratuity; (d) under the provisions of section 16 of the Zambia Independence Order, 1964; (e) on the abolition of his office;

(f) on compulsory retirement for the purpose of facilitating improvement in the organisation of the part of the service of Zambia to which he belongs, by which greater efficiency or economy can be effected; (g) on medical evidence to the satisfaction of the appropriate Commission that he is incapable by reason of some infirmity of mind or body of discharging the duties of his office and that such infirmity is likely to be permanent; (h) in the case of termination of employment in the public interest as provided in this Act; (i) on retirement in circumstances, not mentioned in the preceding paragraphs, rendering him eligible for a pension under the Governor's Pensions Act, 1957, of the United Kingdom or any Act amending or replacing that Act:

Provided that a gratuity may be granted to a female officer, in accordance with the provisions of this Act, who retires for the reason that she is about to marry or on marriage, notwithstanding that she is not otherwise eligible under this section for the grant of any pension, gratuity or other allowance. (2) Nothing in this section shall affect any pension, gratuity or other allowance granted under this Act before the *commencement of the Non-Designated Expatriate Officers (Retiring Benefits) Act. * 7th January, 1966. (No. 36of 1949 as amended by No. 3 of 1956, No. 43 of 1958 No. 34 of 1961, G.N. No. 123 of 1964, S.I. No. 144 of 1965 and No. 75 of 1965) 8. Where an officer's service is terminated on the ground that, having regard to the conditions of the public service, the usefulness of the officer thereto, and all the other circumstances of the case, such termination is desirable in the public interest, and a pension, gratuity or other allowance cannot otherwise be granted to him under the provisions of this Act, the appropriate Commission may, if it thinks fit, grant to such officer such pension, gratuity or other allowance as it thinks just and proper, not exceeding in amount that for which the officer would be eligible if, on the date of such termination as aforesaid, he had retired from the public service under the provisions of paragraph (g) of subsection (1) of section seven. (No. 3 of 1956 as amended by G.N. No. 123 of 1964 and S.I. No. 144 of 1965) *7th January, 1966. 9. (1) This section applies to an officer whoRemoval from office of certain officers Termination of employment in the public interest Cap. 280

(a) on or after the 1st October, 1963, transferred from the service of the Government of the former Federation of Rhodesia and Nyasaland to the Civil Service (Local Conditions) and in respect of any period after such transfer contributed to the Civil Service (Local Conditions) Pension Fund; and

(b) subsequently transferred from the Civil Service (Local Conditions) to service in Zambia in circumstances in which he qualified on retirement for a pension under this Act; but does not apply to any such officer who subsequently transferred to the Defence Force or to other public service. (2) Where an officer to whom this section applies is removed from App.1 office in the service of Zambia in circumstances in which he is not otherwise eligible for the grant of a pension, gratuity or other allowance under this Act, he shall be granted a pension equal to the earned pension, if any, to which he would have been entitled under the Federation of Rhodesia and Nyasaland (Dissolution) Order in Council, 1963, if, on the date of the termination of his service under the Government of the former Federation of Rhodesia and Nyasaland, he had been such a person as is referred to in paragraph 4 (1) (a) of Schedule II to that Order. (3) The provisions of section five shall not apply in relation to a pension under this section. (4) For the purposes of this section(a) a person who, immediately prior to his transfer to the Civil App.1 Service (Local Conditions), was a seconded officer within the meaning of section 20 of the Federation of Rhodesia and Nyasaland (Dissolution) Order in Council, 1963, shall be deemed to have transferred from the service of the Government of the former Federation of Rhodesia and Nyasaland; and (b) any period in respect of which such person was a seconded officer as aforesaid shall be deemed to have been a period of service under the Government of the former Federation of Rhodesia and Nyasaland. (No. 75 of 1965) 10. (1) A European officer shall be entitled to retire from the service of Retirement on Zambia on or after attaining the age of fifty-five years or, with the grounds of age approval of the appropriate authority, fifty years. or marriage

(2) The appropriate authority may require a European officer to retire from the service of Zambia at any time after the officer attains the age of fifty years; and any officer who is so required to retire shall retire accordingly. (3) The provisions of subsection (2) shall not apply in relation to the holder of an office to which article 96 of the Constitution applies. (4) For the purposes of this section, "the appropriate authority"(a) in relation to an officer who is a police officer below the rank of Assistant Superintendent, means the Commissioner of Police; (b) in relation to an officer who is a member of the Zambia Prison Service below the rank of Superintendent, means the Commissioner of Prisons; (c) in relation to any other officer, means the appropriate Commission. (No. 75 of 1965) 11. (1) A pension granted to a European officer under this Act shall not Maximum exceed two-thirds of the highest pensionable emoluments drawn by him pension at any time in the course of his service in Zambia. grantable (2) Where the European officer has been or is granted a pension or pensions in respect of other public service, he may be granted the full pension for which he is eligible in respect of his service in Zambia, but no person may at any time draw from the funds of the Republic an amount of pension which, when added to the amount of any pension or pensions drawn in respect of other public service, exceeds two-thirds of the highest pensionable emoluments drawn by such person at any time in the course of his service in Zambia or in other public service: Provided that where such a person receives in respect of some period of public service both a gratuity and a pension, the amount of such pension shall be deemed, for the purposes of this subsection, to be-

(i) in cases where the laws of the territory in which such public service was performed provide for the payment of an unreduced pension, the amount of pension which would have been awarded had no gratuity been granted; (ii) in cases where the laws of the territory in which such public service was performed do not provide for the payment of an unreduced pension, four-thirds of the actual amount of the pension. (3) In a case falling under the limitation laid down by subsection (2), the amount of the pension to be drawn from the funds of the Republic shall be subject to the approval of the President, in order that it may be determined with due regard to the amount of any pension or pensions similarly to be drawn in respect of other public service. (4) For the purpose of the preceding subsections, an additional pension granted in respect of injury shall not be taken into account; but where the officer is granted such an additional pension, the amount of such additional pension which he may draw shall not exceed one-sixth of his highest pensionable emoluments at any time in the course of his public service by more than the sum by which the amount of his pension or pensions, apart from such additional pension, falls short of two-thirds of such highest emoluments. (5) Notwithstanding anything to the contrary contained in this Act, in the case of any European officer who(a) was appointed to the service of one of the East African Dependencies in a pensionable office prior to the 1st April, 1927; and (b) was in the service of the former Protectorate of Northern Rhodesia on the 1st April, 1933, without any break in service, and without having been transferred outside the East African Dependencies, and thereafter remained in the service of the said former Protectorate of Northern Rhodesia until the 1st January, 1946; and (c) has become subject to the revised terms and conditions of service which became effective as from the said 1st January, 1946; and (d) retires from the service of Zambia without having been transferred therefrom to other public service subsequently to the said 1st

January, 1946; and (e) at the date of retirement was serving in an appointment the initial salary of which was K2,700 per annum or more, or in an appointment the fixed salary of which was K2,700 per annum or more; the expression "pensionable emoluments drawn" shall, for the purposes of subsections (1), (2) and (4), be construed as including the figure resulting from the reduction by ten per centum (subject to a maximum reduction of three hundred kwacha) of the salary attaching to the office held by such officer on his retirement, and the addition to that reduced figure of fifteen per centum of that reduced figure. (As amended by No. 36 of 1949, G.N. No. 123 of 1964 and S.I. No. 144 of 1965) 12. If an officer to whom a pension has been granted under this Act is Suspension of pension on appointed to another office in the public service, the payment of his pension may with his consent, if the President thinks fit, be suspended re-employment during the period of his re-employment. (No. 36 of 1949 as amended by G.N. No. 123 of 1964 and S.I. No. 144 of 1965) 13. If any European officer to whom a gratuity without pension has Gratuity been granted under this Act is reappointed to any office in the service of affected by re-employment Zambia or in other public service, his previous service may, with the approval of the appropriate Commission, be taken into account for the purposes of pension, if he refunds the gratuity on such reappointment. (As amended by No. 38 of 1933, G.N. No. 123 of 1964 and S.I. No. 144 of 1965) 14. A pension, gratuity or other allowance granted under this Act shall Pensions, etc., not be assignable or transferable except for the purpose of satisfyingnot to be assignable (a) a debt due to the Government; or (b) an order of any court for the periodical payment of sums of money towards the maintenance of the wife or former wife or minor child of the officer to whom the pension, gratuity or other allowance has been granted; and shall not be liable to be attached, sequested or levied upon for or in respect of any debt or claim whatever except a debt due to the Government.

(No. 36 of 1949) 15. If any European officer to whom a pension or other allowance has Pensions, etc., been granted under this Act is adjudicated a bankrupt or is declared to cease on insolvent by judgment of the court, then such pension or allowance shall bankruptcy forthwith cease: Provided always that in any case where a pension or allowance ceases by reason of the bankruptcy or insolvency of the pensioner, it shall be lawful for the appropriate Commission from time to time during the remainder of such pensioner's life, or during such shorter period or periods, either continuous or discontinuous, as it shall think fit, to cause all or any part of the moneys to which such pensioner would have been entitled by way of pension or allowance, had he not become a bankrupt or insolvent, to be paid to, or applied for the maintenance and personal support or benefit of all or any, to the exclusion of the other or others, of the following persons, namely, such pensioner and any wife, child or children of his, in such proportions and manner as the appropriate Commission thinks proper, and such moneys shall be paid or applied accordingly. (As amended by G.N. No. 123 of 1964 and S.I. No. 144 of 1965) 16. If any European officer to whom a pension or other allowance has Pensions, etc., been granted under this Act is sentenced to a term of imprisonment by to cease on any competent court whether within or without Zambia for any crime or conviction offence then, in every such case, it shall be lawful for the appropriate Commission to direct that such pension or allowance shall forthwith cease: Provided that(i) the pension or allowance shall be restored with retrospective effect in the case of a person who after conviction at any time receives a free pardon; (ii) where a pension or allowance ceases for the reason aforesaid, it shall be lawful for the appropriate Commission to cause all or any part of the moneys to which the pensioner would have been entitled by way of pension or allowance to be paid to or applied for the benefit of any wife, child or children of the pensioner, or, after the expiration of his sentence, also for the benefit of the pensioner himself, in the same manner precisely and subject to the same qualifications and restrictions as in the case of bankruptcy hereinbefore provided.

(As amended by G.N. No. 123 of 1964 and S.I. No. 144 of 1965) 17. If any European officer to whom a pension or other allowance has been granted under this Act becomes either a director of any company, the principal part of whose business is in any way directly concerned with Zambia, or an officer or servant employed in Zambia by any such company, without in every such case the permission of the President in writing first had and obtained, then in every such case it shall be lawful for the appropriate Commission to direct that such pension or allowance shall forthwith cease: Provided always that it shall be lawful for the appropriate Commission, on being satisfied that the person in respect of whose pension or allowance any such direction shall have been given has ceased to be a director of such company or to be employed as an officer or servant of such company in Zambia, as the case may be, to give directions for the restoration of such pension or allowance, with retrospective effect, if it shall see fit, to such a date as it shall specify. (As amended by G.N. No. 123 of 1964 and S.I. No. 144 of 1965) 18. (1) (a) Where an officer holding a pensionable office who is not on probation or agreement, or an officer holding a non-pensionable office to which he has been transferred from a pensionable office in which he has been confirmed, dies while in the service of Zambia, the President shall, unless the appropriate Commission concurs otherwise, grant to his legal personal representative a gratuity of an amount not exceeding either his annual pensionable emoluments, or his commuted pension gratuity, if any, whichever is the greater. (b) For the purposes of this subsection, "commuted pension gratuity" means the gratuity, if any, which might have been granted to the officer under regulation 16 of the Third Schedule if his public service had been wholly in the former Protectorate of Northern Rhodesia or in the Republic of Zambia or partly in the service of the one and partly in the service of the other and if he had retired at the date of his death in the circumstances described in paragraph (g) of subsection (1) of section seven and had elected to receive a maximum gratuity and a correspondingly reduced pension. Gratuity where an officer dies in the service or after retirement Pensions, etc., to cease on accepting certain appointments

(2) Where any such officer to whom a pension, gratuity or other allowance has been granted under this Act dies after his retirement from the service of Zambia, and the sums paid or payable to him at his death on account of any pension, gratuity or other allowance in respect of any public service are less than the amount of the annual pensionable emoluments enjoyed by him at the date of his retirement, the President shall, unless the appropriate Commission concurs otherwise, grant to his legal personal representative a gratuity equal to the deficiency. (3) The provisions of this section shall not apply in the case of the death of any officer where benefits corresponding to the benefits which may be granted under this section are payable under the Colonial Superannuation Scheme in respect of such death. (No. 35 of 1954 as amended by G.N. No. 123 of 1964 and S.I. No. 144 of 1965) 19. (1) Where a European officer dies as a result of injuries receivedPensions to dependants when a European officer is killed on duty

(a) (b)

in the actual discharge of his duty; and without his own default; and

(c) on account of circumstances specifically attributable to the nature of his duty; while in the service of the Governments, the President shall, unless the appropriate Commission concurs otherwise, grant, in addition to the grant, if any, made to his legal personal representative under section eighteen(i) if the deceased officer leaves a widow, a pension to her, while unmarried and of good character, at a rate not exceeding ten-sixtieths of his annual pensionable emoluments at the date of the injury or thirty kwacha a year, whichever is the greater; (ii) if the deceased officer leaves a widow to whom a pension is

granted under paragraph (i) and a child or children, a pension in respect of each child, until such child attains the age of twenty-one years, of an amount not exceeding one-eighth of the pension prescribed under paragraph (i); (iii) if the deceased officer leaves a child or children, but does not leave a widow or no pension is granted to the widow, a pension in respect of each child, until such child attains the age of twenty-one years, of double the amount prescribed by paragraph (ii); (iv) if the deceased officer leaves a child or children and a widow to whom a pension is granted under paragraph (i), and the widow subsequently dies, a pension in respect of each child as from the date of the death of the widow until such child attains the age of twenty-one years, of double the amount prescribed in paragraph (ii); (v) if the deceased officer does not leave a widow, or if no pension is granted to his widow, and if his mother was wholly or mainly dependent on him for her support, a pension to the mother, while of good character and without adequate means of support, of an amount not exceeding the pension which might have been granted to his widow: Provided thatA. a pension shall not be payable under this subsection at any time in respect of more than six children; and B. in the case of a pension granted under paragraph (v), if the mother is a widow at the time of the grant of the pension and subsequently remarries, such pension shall cease as from the date of remarriage; and if it appears to the appropriate Commission at any time that the mother is adequately provided with other means of support, such pension shall cease as from such date as the appropriate Commission may determine; C. a pension granted to a female child under this section shall cease upon the marriage of such child under the age of twenty-one years. (2) In the case of a European officer not holding a pensionable office, the expression "pensionable emoluments" in subsection (1) shall mean the emoluments enjoyed by him which would have been pensionable emoluments if the office held by him had been a pensionable office.

(3) If a European officer proceeding by a route approved by the President to or from Zambia at the commencement or termination of his service therein, or of a period of leave therefrom, dies as the result of damage to the vessel or vehicle in which he is travelling, or of any act of violence directed against such vessel or vehicle, and the President is satisfied that such damage or act is attributable to circumstances arising out of war in which the Republic may be engaged, such officer shall be deemed, for the purposes of this section, to have died in the circumstances described in subsection (1). (4) For the purposes of this section, "child" shall include(a) a posthumous child;

(b) a step-child or illegitimate child born before the date of the injury and wholly or mainly dependent upon the deceased officer for support; and (c) an adopted child, adopted in a manner recognised by law, before the date of the injury, and dependent as aforesaid. (5) This section shall not apply in the case of the death of any officer(a) if his dependants as defined in the Workers Compensation Act or Cap. 271 any Act amending or replacing that Act are entitled to compensation under that Act; (b) where benefits correponding to the benefits granted under this section are payable under the Oversea Superannuation Scheme in respect of such death. (No. 41 of 1940 as amened by No. 36 of 1949, No. 3 of 1956, G.N. No. 123 of 1964 and S.I. No. 144 of 1965) 20. The provisions of this Act shall apply to all European officers serving in Zambia at or after the commencement of this Act, and to all those who, having served in the former Protectorate of Northern Rhodesia, have before the commencement of this Act been transferred to other public service and are still in other public service at the commencement of this Act. Application

(As amended by S.I. No. 144 of 1965) 21. (1) Subject as hereinafter provided, the service prior to the commencement of this Act of the officers named in the first column of the First Schedule in respect of the periods specified opposite their respective names in the second column of the said Schedule shall, upon payment by them respectively of the amounts specified in the third column of the said Schedule, be deemed to be service in respect of which a pension may be granted under and in accordance with the provisions of this Act. Other service that may count as pensionable service

(2) Notice of intention to pay the amount due shall be given by such Notice to be given officers to the Chief Secretary on or before the 30th September, 1929, and any officer failing to give such notice shall thereby forfeit any right to pay the amount prescribed and to count as pensionable service the period so specified. (3) Payment of the amount due may be made by instalments, subject to Contributions a minimum monthly amount approved by the Accountant-General, and payable by instalments such instalments shall be deducted from the monthly salary of the officer concerned and paid into the public revenue. (4) If by the 30th September, 1930, the total amount due from any Limit of time officer has not then been received, he shall not thereafter be permitted to within which to make any further payment in respect thereof, and in such case the period make payment of service to be counted as pensionable service shall be in proportion to the amount received: Provided that no fraction of a month shall be taken into account as pensionable service. (5) The President may add to or vary the said Schedule in any particular Power to add to respect. or vary Schedule (As amended by No. 31 of 1937, G.N. No. 123 of 1964 and S.I. No. 144 of 1965) 22. (1) Notwithstanding anything to the contrary contained in this Act, Savings as to the officers whose names are specified in the Second Schedule shall, officers selected upon completion of twenty years' East African service, be eligible to for appointment

retire and be liable to compulsory retirement in accordance with the provisions of this Act.

before but actually appointed after the commencement of this Act

(2) The President may add to the Second Schedule the name of any Power to add to officer transferred to the service of the former Protectorate of Northern Second Rhodesia from any East African Dependency whose name is included in Schedule a Schedule to an enactment of such East African Dependency, having the like effect as this section. (No. 35 of 1931 as amended by G.N. No. 123 of 1964 and S.I. No. 144 of 1965) FIRST SCHEDULE
(Section 21) Contributions Payable by Certain Officers in Respect of Specified Periods of Service Amount of Contribution due Name Period of Service Acheson, Dr. J. A. . . Adair, Miss S. .. Adams, Miss E. N. . . Allez, W. . . .. Barker, M. .. Barratt, R. M. .. Bowden, C. J. .. Bradfield, Miss E. L. Bradley, K. G. .. Brigham, H. L. .. Browne, A. E. .. Buck, Miss A. B. A. . . Burnside, R. E. W. . . Chadwick, Mrs. J. E. Clark, J. B. .. Colton, W.D. .. Cookson, Miss M. A. B. Courtney, A. V. .. Cowell, Miss M. H. .. Dickinson, R. S. W. . . Dobson, A. H. .. Dowling, Miss C. M. Eastland, Miss H. B. G. Forbes, F. G. .. Ford, W. E. .. Fowlds, J. S. .. Gardiner, O. A. .. Gascoigne, W. C. B. Gittens, Miss A. H. . . Glennie, A. F. B. .. Goddard, J. R. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. Months 42 45 30 23 8 30 26 58 15 29 10 2 4 21 3 19 8 20 11 103 66 21 9 34 2 5 28 14 Days 25 18 16 17 26 19 22 15 11 9 24 11 2 15 27 19 18 18 16 22 10 5 25 5 101 17 25 41 4 37 35 24 19 1 34 3 3 3 41 0 2 23 7 30 16 111 28 1 23 14 40 2 1 37 18 s. 4 15 19 2 2 11 17 16 5 7 14 11 11 18 10 1 11 16 7 2 4 14 10 2 6 17 9 10 18 16 10 1

Gowdin-Austen, R. A. Goodyear, Miss M. A. A. G. Gourley, R. .. Greenfield, C. .. Grimes. A. .. Hamilton, A. D. .. Hamilton, G. D. .. Hanna, Miss S. K. . . Hart, R. J. .. Hatchwell, R. F. L. . . Hirst, Miss I. H. .. Hughes, Miss G. E. . . Hughes, H. T. .. Jenkinson, T. R. .. Jennings, P. H. .. Jones, F. E. .. Jones, R. T. .. Jupp, Mrs. E. .. Kaibel, Miss G. E. . . Keir, Mrs. M. .. Kerby, Dr. T. R. F. . . Kitchener, Mrs. F. H. Leith, J. L. .. Leversedge, L. F. . . Lewis, Mrs. M. C. . . Lord, J. N. .. Macrae, F. B. .. Mansfield, H. .. McEwen, T. .. McGregor, Mrs. F. . . McGregor, Dr. J. A. . . McPhee, E. .. Melbourne, B. .. Moore, T. C. .. Murphy, J. .. Nisbet, J. H. .. Noad, G. E. .. Oldfield, A. E. .. Owen-Smith, G. .. Payne, R. H. .. Pendry, E. W. .. Porter, G. . . .. Powell, Dr. G. M. C. Price, F. G. .. Pullon, B. . . .. Raubenheimer, S. W. Reynolds, A. C. .. Robinson, L. T. .. Robinson, Dr. P. B. . . Roden, Miss M. .. Ruddle, Miss M. .. Russell, J. N. .. Ryan, H. K. .. Sanderson, Dr. N. D. Smith, G. E. F. .. Stagg Macey, B. W. Stevens, G. R. R. . . Stubbs, W. F. .. Taljaard, J. G. .. Thomson, J. B. .. Turner, S. F. .. Twycross, Miss R. . . Walker, W. H. J. .. Walton, W. G. .. Waterall, L. S. .. Whitehead, Miss A. I. Winchester, L. M. . .

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

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

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

57 34 56 76 36 6 118 19 7 24 66 5 1 1 10 79 39 18 5 1 8 8 4 8 25 23 3 33 11 19 25 42 9 114 4 20 20 4 23 2 82 31 63 72 50 14 8 63 14 23 21 2 5 8 28 8 26 15 19 18 98 1 49 2 2

5 28 6 24 12 23 26 11 18 26 29 14 9 21 12 4 10 22 28 25 27 28 29 8 17 13 21 10 2 8 2 26 19 23 16 3 28 29 12 10 4 22 5 23 30 13 22 6 19 25 5 27 15 5 27 16 7 5

64 13 73 105 42 10 176 7 8 22 73 5 2 0 2 21 118 38 9 5 4 13 10 6 15 0 33 28 10 31 26 26 29 63 11 56 6 34 24 5 45 2 203 36 107 95 62 22 20 27 6 31 43 6 7 12 37 11 19 19 30 9 163 0 65 1 4

12 1 14 8 18 10 5 0 3 11 19 1 3 5 16 16 10 13 6 6 9 12 7 4 15 6 19 4 0 6 8 11 14 3 9 12 0 18 4 14 2 15 2 10 16 15 13 4 8 6 16 2 10 2 7 8 16 4 18 5 7 1 6 18 4 18 4

1 1

1 1

10 6 1 11 7 3 4 9 10 11 10 4 8 0 2 1 0 8 7 6 5 11 6 1 11 4 7 11 0 4 7 8 8 6 2 2

SECOND SCHEDULE
(Section 22) Retirement of Certain Officers Fox-Pitt, T. S. L. Mason, R. J. Moffat, J. S. Onions, G. R. Wallace, J. H. (No. 35 of 1931 as amended by G.N. No. 3 of 1946)

THIRD SCHEDULE (Section 3) REGULATIONS FOR THE GRANTING OF PENSIONS, GRATUITIES AND OTHER ALLOWANCES TO EUROPEAN OFFICERS

PART I GENERAL
1. (1) Subject to the provisions of the European Officers' Pensions Act, hereinafter called the Act, and of these Regulations, every European officer holding a pensionable office in Zambia, who has been in the service of the Governments in a civil capacity for ten years or upwards, may be granted a pension at the rate of one four hundred and eightieth*** of his pensionable emoluments for each complete month of pensionable service, subject to the limit described in section eleven of the Act: * For officers who are entitled only to one six hundredth, see Part III. Provided that where a European officer to whom the one four hundred and eightieth pension rate applies has becomes subject to the revised terms and conditions of service which became effective as from the 1st January, 1946, the one six hundredth pension rate shall apply to such officer as regards the period or periods of such officer's service subsequent to the 31st December, 1945, and not otherwise, and the pension of such officer in respect of service with the Governments shall be computed in two parts according to whether the one four hundred and eightieth or the one six hundredth rate of pension applies. (2) Where for the purposes of the proviso to sub-regulation (1), an officer's pension is computed in two parts and in each part there occurs a period of service not amounting to a complete month, if the two said periods of service amount in the aggregate to not less than thirty days, one month's service shall be added to the part in which the greater period of Pensions to whom and at what rates to be granted

service occurs, and where the periods of service are equal, to the part to which the one four hundred and eightieth pension rate applies. (As amended by G.N. No. 158 of 1950 and S.I. No. 144 of 1965) 2. Every European officer, otherwise qualified for a pension, who has not completed the minimum period of service qualifying for a pension, may be granted on retirement a gratuity not exceeding five times the annual amount of the pension which if there had been no qualifying period might have been granted to him under regulation 1. Gratuities where length of service does not qualify for pension

3. Where a female officer, who has been in public service under the Governments for Marriage gratuities not less than five years and has been confirmed in a pensionable office, retires or is required to retire from that service for the reason that she is about to marry or has married, and she is not eligible for the grant of any pension or otherwise eligible for gratuity under this Part, she may be granted, on production within six months after her retirement, or such longer period as the appropriate Commission may in any particular case allow, of satisfactory evidence of her marriage, a gratuity of an amount not exceeding(d) one year's pensionable emoluments; or (b) five times the annual amount of the pension which might have been granted to her under regulation 1 had there been no qualifying period and had that regulation been applicable to her, whichever amount shall be the less. (G.N. No. 198 of 1963 as amended by S.I. No. 144 of 1965) 4. Subject to the provisions of section six of the Act and of these Regulations, service qualifying for pension or gratuity, as the case may be, shall be the inclusive period between the date on which a European officer begins to draw salary or half salary from the funds of the Governments and the date of his leaving the service of Zambia, without deduction of any period during which he has been absent on leave. (As amended by S.I. No. 144 of 1965) Period of service in Zambia qualifying for pension or gratuity defined

5. (1) Service in respect of which pension or gratuity may be granted must be unbroken Service except in cases where the service has been interrupted by abolition of officer or other to be temporary suspension of employment not arising from misconduct or voluntary unbroken resignation. (2) Notwithstanding the provisions of sub-regulation (1), an officer(a) whose pension has been suspended under section twelve of the Act or under a corresponding provision in any law or regulation relating to the grant of pensions in

respect of public service; or (b who has retired from the public service without pension on account of ill health, abolition of office, or reorganisation designed to effect greater efficiency and economy, and has subsequently been re-employed in the public service, or * For officers who are entitled only to one six hundredth, see Part III. (c) who has left service pensionable under the Teachers (Superannuation) Act, 1925, of the United Kingdom, with a view to entering public service not being service pensionable under the said Act, and has, not later than three months after leaving such first mentioned service, received any salary in respect of employment in public service not so pensionable; or (d) who resigned from the public service in order to enter the United Kingdom Military, Naval or Air Forces during the period of a war in which Her Britannic Majesty was engaged, and has subsequently been re-employed in the public service; shall, unless the appropriate Commission concurs otherwise, be granted the pension or gratuity for which he would have been eligible if any break in his public service immediately prior to such suspension, re-employment or employment had not occurred, such pension to be in lieu of(i) any pension previously granted to him from the funds of the Governments; and (ii) any gratuity so granted which is required to be refunded as a condition of the application to the officer of this regulation; but additional to any gratuity so granted which is not required to be refunded as aforesaid: Provided that, in calculating a pension granted in pursuance of this regulation, no account shall be taken for any purposes of the period during which he was not in public service. (As amended by G.N. Nos. 213 of 1939, 158 of 1950 and 123 of 1964 and S.I. No. 144 of 1965) 6. For the purpose of computing the amount of a European officer's pension or gratuity, the following periods shall be taken into account as pensionable service: (a) any periods during which he has been on duty; (b) any period during which he received half salary from the funds of the Governments while proceeding to the former Protectorate of Northern Rhodesia or Zambia, as the case may be, on first appointment; (c) any periods during which he has been absent from duty on leave with full or half salary; (d) any periods during which he has been absent from duty on leave without salary, granted on grounds of public policy, and during which he has not qualified for pension or gratuity in respect of other public service; and any periods during which he has been absent on leave, other than those specified above, Computation of pensions and gratuities

Leave of absence

shall be deducted from the European officer's total service in order to arrive at his period of pensionable service. (As amended by G.N. No. 123 of 1964 and S.I. No. 144 of 1965) 7. (1) If a European officer resigned his office in the former Protectorate of Northern Rhodesia during the period from the 4th August, 1914, to the 11th November, 1918, in order to join the United Kingdom Military, Naval or Air Forces, and he joined those forces within three months of such resignation, or if such an officer was dismissed from the service of the former Protectorate of Northern Rhodesia on account of having joined those forces, and if the officer has within six months of his demobilisation from those forces been reappointed to the service of the former Protectorate of Northern Rhodesia or appointed to other public service, it shall be lawful, notwithstanding the provisions of regulation 5, to take into account in computing the pension or gratuity of such European officer his service in the former Protectorate of Northern Rhodesia prior to such resignation or dismissal, and further to count as service in the office from which he resigned or was dismissed the period from the date of his resignation or dismissal to that of his demobilisation. (2) In this regulation, "resign" and "resignation" shall include a refusal to enter into a fresh engagement of service. (G.N. No. 192 of 1933 as amended by G.N. No. 123 of 1964 and S.I. No. 144 of 1965) 8. For the purpose of computing the amount of the pension or gratuity of a European officer who, during some period of his service in a pensionable office in the former Protectorate of Northern Rhodesia, has been on the active list of the United Kingdom Military, Naval or Air Forces, the whole or any part of such period during which no pension contributions have been paid by the Government of the former Protectorate of Northern Rhodesia, or, if paid, have been refunded, may be taken into account. Computation of pensions and gratuities: service on the active list of the United Kingdom Military, Naval or Air Forces (As amended by S.I. No. 144 of 1965) Composition of pensions and gratuities: service on the active list of the United Kingdom Military, Naval or Air Forces Officers who resigned in order to serve in the armed forces in the 1914-1918 war and have been re-appointed

Emoluments *9. (1) For the purpose of computing the amount of the pension or gratuity of a to be taken European officer who has had a period of not less than three years' pensionable service for before his retirementcomputing pension or * These sub-regulations are deemed to have had effect from 1st July, 1955. (See G.N. gratuity No. 215 of 1957.) (a) in the case of an officer who has held the same office for a period of three years

immediately preceding the date of his retirement, the full annual pensionable emoluments enjoyed by him at that date in respect of that office shall be taken: (b) in the case of an officer who at any time during such period of three years has been transferred from one office to another, but whose pensionable emoluments have not been changed by reason of such transfer or transfers otherwise than by the grant of any scale increment, the full annual pensionable emoluments enjoyed by him at the date of his retirement in respect of the office then held by him shall be taken; (c) in other cases, one-third of the aggregate pensionable emoluments enjoyed by the officer in respect of his service during the three years of his service immediately preceding the date of his retirement shall be taken: Provided that(i) if such one-third is less than the highest annual pensionable emoluments enjoyed by him immediately prior to the date of any transfer within such period of three years, those annual pensionable emoluments shall be taken; and (ii) if such one-third is less than the annual pensionable emoluments which would have been enjoyed by him at the date of his retirement, if he had continued to hold any office from which he has been transferred at any time during such period of three years, and had received all scale increments which, in the opinion of the appropriate Commission, would have been granted to him, the annual pensionable emoluments which would have been so enjoyed shall be taken. *(2) For the purpose of determining under sub-regulation (1) the pensionable emoluments that a European officer has enjoyed or would have enjoyed, as the case may be, he shall be deemed* These sub-regulations are deemed to have had effect from 1st July, 1955. (See G.N. No. 215 of 1957.) (a) to have been on duty on full pensionable emoluments throughout the period of three years immediately preceding the date of his retirement; and (b) for the purpose of paragraph (c) thereof, to have enjoyed the benefit of any increase due to a revision of salaries in the pensionable emoluments of any office held by him as if such increase had been payable throughout such period as he has held such office during such period of three years. *(3) For the purpose of computing the amount of the pension or gratuity of a European officer who has had a period of less than three years' pensionable service before his retirement* These sub-regulations are deemed to have had effect from 1st July, 1955. (See G.N. No. 215 of 1957.) (a) the average annual pensionable emoluments enjoyed by him during such period shall be taken;

(b) he shall be deemed to have been on duty on full pensionable emoluments throughout such period; and (c) he shall be deemed to have enjoyed the benefit of any increase due to a revision of salaries in the pensionable emoluments of any office held by him as if such increase had been payable throughout such period. (4) The estimated value of free quarters shall be taken as 15 per centum of the initial salary of the officer's appointment, or of the actual salary if such salary is non-incremental: Provided that(i) in the case of officers in the service of Zambia on the one four hundred and eightieth pension constant terms of service, the salary immediately before the point in any scale of salary at which an efficiency bar occurs shall for the purposes of this proviso be regarded as the initial salary of the appointment in the case of any officer who has passed the efficiency bar; (ii) in the case of officers in the service of Zambia on the one six hundredth pension constant terms of service, the salary immediately after the point in any scale of salary at which an efficiency bar occurs shall for the purposes of this proviso be regarded as the initial salary of the appointment in the case of any officer who has passed the efficiency bar; * These sub-regulations are deemed to have had effect from 1st July, 1955. (See G.N. No. 215 of 1957.) These sub-regulations are deemed to have had effect from 1st July, 1955. (See G.N. No. 215 of 1957.) (iii) the estimated value of free quarters shall not be reckoned as less than K100 per annum nor in the case of officers appointed to the service of the former Protectorate of Northern Rhodesia after the commencement of the Act as more than K300 per annum. (5) Notwithstanding anything to the contrary contained in sub-regulation (1), for the purpose of computing, in respect of service prior to the 1st January, 1946, the amount of pension to be paid to a European officer to whom the one four hundred and eightieth pension rate applies who(a) was appointed to the service of one of the East African Dependencies in a pensionable office prior to the 1st April, 1927; and (b was in the service of the former Protectorate of Northern Rhodesia on the 1st April, 1933, without any break in service and without having been transferred outside the East African Dependencies, and thereafter remained in the service of the former Protectorate of Northern Rhodesia until the 1st January, 1946; and (c) has become subject to the revised terms and conditions of service which became effective as from the said 1st January, 1946; and (d) retires from the service of Zambia without having been transferred therefrom to other public service subsequent to the said 1st January, 1946; and (e) at the date of retirement was serving in an appointment the initial salary of which

was K2,700 per annum or more, or in an appointment the fixed salary of which was K2,700 per annum or more; the figure to be taken shall be that which results from the reduction by ten per centum (subject to a maximum reduction of K300) of the amount as prescribed under sub-regulation (1) and the addition to that reduced figure of fifteen per centum of that reduced figure. (As amended by G.N. Nos. 20 of 1948, 158 of, 215 of 1957, 198 of 1963 and 123 of S.I. No. 144 of 1965) 10. Only service in a pensionable office shall be taken into account as pensionable service: Provided that(i) in the case of a European officer who having been employed on contract is without break in service appointed to and confirmed in a pensionable office, the whole of the period of service on contract, or any part thereof which is immediately followed by service in a pensionable office, may be taken into account as pensionable service. For the purpose of this regulation, "contract" means a contract under which an officer is eligible to receive a gratuity in lieu of other superannuation benefits; and (ii) in every othercase where a period of service in a civil capacity otherwise than in a pensionable office is immediately followed by service in a pensionable office and the officer is confirmed therein, the appropriate Commission may direct that the whole or any part of such period shall be so taken into account; and (iii) any break in service which may be disregarded under the provisions of sub-regulation (2) of regulation 5 may likewise be disregarded in determining for the purposes of this proviso whether a period of service is unbroken or whether one period of service immediately follows another period of service. (G.N. No. 158 of 1950 as amended by G.N. Nos. 193 of 1957 and 123 of 1964 and S.I. No. 144 of 1965) 11. Where a European officer has performed acting service in a pensionable office with Acting service the Governments, the period of such service may be taken into account as pensionable service: Provided that(i) the period of such acting service was not part of the pensionable service of the previous holder of the office and does not fall to be reckoned as part of the European officer's own pensionable service in other public service; (ii) this period of service is immediately preceded or followed by service in a substantive capacity in a pensionable office with the Governments. (As amended by S.I. No. 144 of 1965) 12. If a European officer holding a pensionable office retires from the public service Abolition or in consequence of the abolition of his office or for the purpose of facilitating reorganisation Non-pensionable service followed by pensionable service

improvements in the organisation of the part of the service of Zambia to which he belongs, by which greater efficiency or economy may be effected(a) he may, if he has been in the public service for less than ten years, be granted in lieu of any gratuity under regulation 2 or 23, a pension under regulations 1, 19, 20 or 21, as the case may be, as if the words "for ten years or upwards" were omitted from regulation 1; (b) he may, if he retires from the service of Zambia, be granted an additional pension at the annual rate of one-sixtieth of his pensionable emoluments for each complete period of three years' pensionable service: Provided that(i) the addition shall not exceed ten-sixtieths; and *(ii) the addition together with the remainder of the officer's pension shall not exceed the pension for which he would have been eligible if he had continued until the age of fifty-five years to hold the office held by him at the date of his retirement, having received all increments for which he would have been eligible by that date; and * This proviso is deemed to have had effect from 23rd October, 1953. (See G.N. No. 288 of 1958.) (iii) this regulation shall not apply in the case of an officer who is retired from the service of Zambia under the provisions of section ten of the Act. (G.N. No. 158 of 1950 as amended by G.N. Nos. 288 of 1958 and 269 of 1961 and S.I. No. 144 of 1965)

of office

European (a) in the actual discharge of his duty; and officers retiring (b) without his own default; and on (c) by some injury specifically attributable to the nature of his duty; account of and his retirement is thereby necessitated or materially accelerated, he may, if he is qualified for a pension under regulation 1, be granted, in addition to the pension granted to injuries him under that regulation, an additional pension at the rate of the proportion of his actual pensionable emoluments at the date of his injury appropriate to his case as shown in the following table: When his capacity to contribute to his own support isslightly impaired impaired .. materially impaired totally destroyed Provided that(i) where the injury is not the sole cause of retirement and the retirement is caused .. .. .. .. .. .. .. .. . . five-sixtieths; ten-sixtieths; . . fifteen-sixtieths; . . twenty-sixtieths:

13. (1) Where a European officer has been permanently injured-

partly by age or infirmity not due to the injury, the amount of the additional pension shall be reduced to such an extent as the appropriate Commission thinks reasonable; (ii) the total amount of the additional pension shall not exceed the amount prescribed in section eleven (4) of the Act. (2) A European officer so injured, whose length of service is not such as to qualify him for a pension under regulation 1 but who is qualified for a gratuity under regulation 2, may nevertheless be granted in lieu of such gratuity a pension at the rate of one four hundred and eightieth *part of his pensionable emoluments for each complete month of pensionable service together with such additional pension as might be awarded to him under sub-regulation (1) if he were qualified for pension. * For cases in which this shall be read as one six hundredth, see Part III. (3) A European officer so injured who is not qualified for either a pension under regulation 1 or a gratuity under regulation 2 may nevertheless be granted a pension of the same amount as the additional pension which he might have been granted if he had been so qualified. The provisions of regulation 16 shall not apply to a pension granted under this sub-regulation. (4) If a European officer proceeding by a route approved by the President to or from Zambia at the commencement or termination of his service therein, or of a period of leave therefrom, is permanently injured as the result of damage to the vessel or vehicle in which he is travelling, or of any act of violence directed against such vessel or vehicle, and the President is satisfied that such damage or act is attributable to circumstances arising out of war in which the Republic may be engaged, such officer shall be deemed, for the purposes of this regulation, to have been injured in the circumstances described in sub-regulation (1). * This proviso is deemed to have had effect from 23rd October, 1953. (See G.N. No. 288 of 1958.) For cases in which this shall be read as one six hundredth, see Part III. (5) For the purposes of this regulation, a European officer who is permanently injured as a result of injuries received while travelling by air in pursuance of official instructions shall be deemed to have been permanently injured(a) (b) in the actual discharge of his duty; and on account of circumstances specifically attributable to the nature of his duty. Pensions to injured European officers where service less than 10 years

(6) Notwithstanding anything to the contrary contained in the preceding provisions of this regulation, no additional pension under sub-regulation (1) or (2) and no pension under sub-regulation (3) may be paid to any European officer selected for appointment to the service of Zambia on or after the *commencement of the Workmen's Compensation Act, Chapter 188 of the 1961 Edition of the Laws, who, in consequence of his injury, is entitled to or has been paid compensation under the said Act or any Act amending or replacing the same.

* 1st March. 1945. (As amended by G.N. Nos. 2 of 1941, 158 of 1950 and 123 of 1964 and S.I. Nos. 144 of 1965 and 248 of 1966) 14. If any European officer to whom a pension has been granted under the Act is appointed to another office in the service of Zambia, and subsequently retires in circumstances in which he may be granted a pension, he may be granted, in lieu of his previous pension, a pension computed as if the periods of his service had been continuous, and such pension may be based on his pensionable emoluments on his previous or final retirement from the service of Zambia, whichever may be the greater: Provided that, if on his previous retirement he was paid a gratuity and reduced pension, the gratuity to be paid to him on final retirement shall be reduced by the amount of the gratuity already paid. (As amended by S.I. No.144 of 1965) 15. (1) In special cases a European officer holding a non-pensionable office may- Gratuities to (a) if he has served the Governments for not less than seven years and is removed European officers who in consequence of the abolition of his office, or for the purpose of facilitating have served in a improvements in the organisation of the part of the service of Zambia to which he non-pensionable belongs, by which greater efficiency and economy can be effected; or office (b) if he has served for not less than fifteen years and he retires in any of the cases set out in section seven of the Act; be granted a compassionate gratuity not exceeding two kwacha or one month's pay, whichever is the greater, for each year of his service. (2) Where a European officer has been transferred from a pensionable to a non-pensionable office and subsequently retires either from a pensionable or a non-pensionable office in circumstances in which he might have been granted a pension if he had continuously held a pensionable office, he shall, unless the appropriate Commission concurs otherwise, be allowed to count his service in the non-pensionable office as though it were service in the pensionable office which he held immediately prior to such transfer, and at the pensionable emoluments which were payable to him at the date of transfer. (As amended by G.N. Nos. 158 of 1950 and 123 of 1964 and S.I. No. 144 of 1965) *16. (1) A European officer to whom a pension is granted under the Act may, at his option exercisable as hereinafter provided, be paid, in lieu of such pension, a pension at the rate of three-fourths, or any greater fraction, of such pension, together with a gratuity equal to twelve and one-half times the amount by which such pension is reduced in the case of any such officer who retires on or after the 4th January, 1955, and equal to ten times such amount in any other case: * This regulation is deemed to have had effect from 1st October, 1951. Gratuity and reduced pension Computation of pensions: re-employed pensioners

(See G.N. No. 324 of 1957.) Provided that, in the application of this regulation to cases where the limitation prescribed by section eleven (2) of the Act operates, the words "such pension" shall mean the amount of pension which the officer might have drawn from the funds of the Governments if he had not exercised his option under this regulation. (2) An option exercisable in accordance with this regulation(a) shall be exercised or revoked by notice in writing addressed either to the Permanent Secretary (Establishments) or to the Crown Agents for Oversea Government and Administrations; (b) shall be deemed to have been exercised or revoked on the date on which such notice is received; and (c) subject to sub-regulation (3), shall be exercisable, and if exercised may be revoked, on or before the date of the officer's retirement or, with the permission of the President, at any time between that date and the date of the final award of the pension granted to him under the Act. * 1st March. 1945. This regulation is deemed to have had effect from 1st October, 1951. (3) If, after the date of the final award of a pension under the Act, the amount of such pension is increased by revised terms and conditions of service applied to the officer concerned with retrospective effect, such officer may, within such period as the President may, by statutory notice, direct, and subject to such conditions, if any, as the President may approve(a) exercise an option if he has not done so; or (b) revoke an option that he has exercised and exercise a fresh option. (4) If a European officer who has not exercised an option in accordance with this regulation dies after he has finally retired but before a pension has been granted to him under the Act, there shall, unless the appropriate Commission concurs otherwise, be granted to the legal personal representatives of such officer a gratuity and reduced pension as if the officer had exercised an option before his death. (G.N. No. 324 of 1957 as amended by Act No. 8 of 1958, G.N. No. 123 of 1964 and S.I. No. 144 of 1965)

PART II SPECIAL REGULATIONS FOR EUROPEAN OFFICERS WITH OTHER PUBLIC SERVICE

17. (1) For the purposes of these Regulations, unless the context otherwise requires"Scheduled Government" means any Government or Administration included in the Schedule and includes also the Government of Ceylon, in respect of any officer appointed to the service of that Government prior to the 4th February, 1948, and the Government of Palestine, in respect of any officer appointed to the service of that Government prior to the 15th May, 1948, and Employing Authorities under the Colonial Superannuation Scheme; "service in the group" means service under the Governments and under a Scheduled Government or Governments. (2) For the purposes of these Regulations, service in the Civil Service (Local Conditions) and the Teaching Service shall be deemed to be service under a Scheduled Government. (3) For the purposes of these Regulations, service as a seconded officer within the meaning of section 20 of the Federation of Rhodesia and Nyasaland (Dissolution) Order in Council, 1963, shall be deemed to be service under the Government of the former Federation of Rhodesia and Nyasaland. (As amended by G.N. Nos. 158 of 1950, 7 of 1952, 269 of 1961 and 198 of 1963 and S.I. Nos. 144 of 1965 and 248 of 1966) *18. Subject to the succeeding regulations, the provisions of sub-regulation (4) of regulation 9, of paragraph (a) of regulation 12, of sub-regulation (2) of regulation 13, and the provisions of regulations 14, 15 and 16 shall apply to the case of a European officer who has been transferred to or from the service of the Governments from or to other public service; and the provisions of regulations 4, 5, 6, 8, 10 and 11 and sub-regulations (1), (2) and (3) of regulation 9 shall apply to the case of a European officer so transferred as if his whole service had been in the service of the Governments: * This regulation is deemed to have had effect from 1st July, 1955. (See G.N. No. 215 of 1957.) Provided that-

Interpretation App.1

Application of regulations in Part I

(i) in the application of regulation 16 to cases falling under the limitation of section eleven (2) of the Act, the words "such pension" in that regulation shall mean the amount of pension which he might have drawn from the funds of the Governments if he had not elected for a gratuity and reduced pension; (ii) the provisions of sub-regulation (4) of regulation 9, which limit the value of free quarters to K300 per annum, shall not apply in the case of officers who(a) were in East African Service prior to the 1st April, 1927; and (b) after the 31st March, 1927, and before the 1st April, 1933, have been transferred without break from or to East African Service. (G.N. No. 215 of 1957 as amended by S.I. No. 144 of 1965)

*This regulation is deemed to have had effect from 1st July, 1955. (See G.N. No. 215 of 1957.) 19. (1) Where the other public service of an officer has been wholly under one or more of the Scheduled Governments, and his aggregate service would have qualified him, had it been wholly in the service of the Governments, for a pension under the Act, he may, on his retirement from the public service in circumstances in which he is permitted by the law or regulations of the service in which he is last employed to retire on pension or gratuity, be granted a pension from Zambia of such an amount as shall bear the same proportion to the amount of pension for which he would have been eligible had his service been wholly in the service of the Governments as the aggregate amounts of his pensionable emoluments during his service in Zambia shall bear to the aggregate amount of his pensionable emoluments throughout his service in the group. (2) In determining for the purposes of this regulation the pension for which an officer would have been eligible if his service had been wholly in the service of the Governments(a) the final pensionable emoluments taken shall be those of his last period of service in the group; (b) no regard shall be had to regulation 13; (c) regard shall be had to the condition that pension may not exceed two-thirds of the highest pensionable emoluments; (d) no period of other public service under any Scheduled Government in respect of which no pension or gratuity is granted to the officer shall be taken into account. (3) For the purposes of this regulation, the aggregate amount of his pensionable emoluments shall be taken as the total amount of salary which the officer would have drawn and the total amount of the other pensionable emoluments which he would have enjoyed had he been on duty on full pay in his substantive office or offices throughout his period of service in the group subsequent to the attainment of the age of twenty years: Provided that(i) in calculating the aggregate amount of his pensionable emoluments, no account shall be taken of any service under any Scheduled Government in respect of which no pension or gratuity is granted to the officer; (ii) where an officer entered the public service prior to the 1st January, 1930, his pension in respect of his service with the Governments may be calculated as though any Scheduled Government under which he has served had not been included in the Schedule if this should be to his advantage; (iii) any service in a non-pensionable office which is allowed to be counted for pension under regulation 10 shall be regarded as service in a pensionable office for the purposes of this regulation. (G.N. No. 48 of 1934 as amended by G.N. Nos. 193 of 1957 and 198 of 1963 and S.I. Nos. 144 of 1965 and 248 and 439 of 1966) Pension for service wholly within the group

20. Where the other public service of a European officer has not included service under any of the Scheduled Governments, and his aggregate service would have qualified him, had it been wholly in the service of the Governments, for a pension under these Regulations, he may, on his ultimate retirement from the public service in circumstances in which he is permitted by the law or regulations of the service in which he is last employed to retire on a pension or gratuity, be granted in respect of his service in Zambia a pension at the rate of one four hundred and eightieth* part of the amount of his pensionable emoluments at the date of his transfer or retirement, as the case may be, from the service of Zambia for each calendar month of his pensionable service in Zambia. * For cases in which this shall be read as one six hundredth, see Part III. (As amended by G.N. Nos. 95 of 1933, 57 of 1936, 190 of 1948 and 193 of 1957 and S.I. No. 144 of 1965) 21. Where a part only of the other public service of a European officer has been under one or more of the Scheduled Governments, the provisions of regulation 19 shall apply; but in calculating the amount of pension, regard shall be had only to service in the group.

Pension where other service not within the group

Additional pension to European officers retiring on account of injury Pension when other service both within and not within the group

22. Where a European officer who has been transferred from other public service, and whose aggregate service would have qualified him, had it been wholly in the service of the Governments, for a pension under these Regulations, is compulsorily retired from the public service in the circumstances mentioned in regulation 13, he may, if at the time he is in the service of Zambia, be granted from the funds of the Republic the additional pension allowed by that regulation, in addition to the pension granted under regulation 19, 20 or 21, as the case may be. (As amended by G.N. No. 95 of 1933 and S.I. No. 144 of 1965)

*For cases in which this shall be read as one six hundredth, see Part III. 23. (1) Where a European officer has been transferred to or from the service of Zambia from or to other public service, retires from the public service in circumstances in which he is permitted by the law or regulations of the service in which he is last employed to retire on pension or gratuity, but has not completed in the aggregate the minimum period of ten years' service qualifying him for a pension, he may be granted from the funds of the Republic a gratuity not exceeding five times the annual amount of the pension which, if there had been no qualifying period, might have been granted to him under regulation 19, 20 or 21, as the case may be. Gratuities where length of service does not qualify for pension

(2) Where such a European officer is compulsorily retired from the public service in the Injury circumstances mentioned in regulation 13, he may, if at the time he is in the service of Zambia, be treated as if he had no other public service, but he shall not be granted, in addition, the gratuity for which he is eligible under sub-regulation (1). (As amended by G.N. No. 95 of 1933 and S.I. No. 144 of 1965) 24. Where a female officer to whom this Part applies resigns or is required to retire from the public service for the reason that she is about to marry or has married, and in consequence(a) would have been eligible for a gratuity under regulation 3 if her public service had been wholly under the Governments; and (b) f she, at the date of her retirement in other public service, is eligible for a gratuity under provisions corresponding to such regulation in the law or regulations of the public service in which she is last employed; she may, if she is not eligible for the grant of any pension or otherwise eligible for gratuity under this Part, be granted in respect of her public service under the Governments a gratuity of an amount not exceeding five times the annual amount of the pension for which she would have been eligible under regulation 19, 20 or 21 had there been no qualifying period and had regulation 19, 20 or 21, as the case may be, been applicable to her: Provided that(i) for the purpose of computing the amount of such a gratuity(a) in relation to a pension under regulation 19 or 21, regulation 19 (2) (c) shall have effect as if the reference therein to two-thirds of her highest pensionable emoluments were a reference to one-fifth of her annual pensionable emoluments; and (b) in relation to a pension under regulation 19, 20 or 21, the annual amount of that pension shall not exceed one-fifth of her annual pensionable emoluments; (ii) for the purpose of computing such an officer's total public service under this regulation, no regard shall be had to any service under a Scheduled Government in respect of which no gratuity is granted to her in consequence of her retirement. (G.N. No. 198 of 1963 as amended by S.I. Nos. 144 of 1965 and 439 of 1966) 25. Where a European officer who is transferred to other public service is not granted a pension or gratuity in respect of his employment in the service in which he is last employed, solely by reason of the fact that he has not completed twelve months' service therein, he shall not, on that account, be disqualified from receiving a pension or gratuity from the funds of the Republic, if otherwise eligible therefor. (As amended by S.I. No. 144 of 1965) European officers transferred to other public service and retiring after less than 12 months' employment in last Marriage gratuities

service

PART III APPLICATION OF NEW PENSION CONSTANT TO CERTAIN EUROPEAN OFFICERS


26. For the purpose of determining any pension or gratuity to be granted in respect of service with the Governments to any officer to whom this Part applies, regulations 1, 13 and 20 shall have effect as if the expression "one six hundredth" were substituted for the expression "one four hundred and eightieth". (G.N. No. 192 of 1933 as amended by S.I. No. 144 of 1965) New pension constant applied in the case of certain officers Persons to whom this Part shall apply

27. (1) Subject to sub-regulations (2), (3) and (5), this Part shall apply to every European officer appointed to the service of the Governments on or after the 1st January, 1934, and to any officer so appointed before that date on conditions which provided that any pension granted to him in respect of service in the former Protectorate of Northern Rhodesia would be at the rate of one six hundredth of his pensionable emoluments for each complete month of pensionable service. (2) Subject to the provisions of sub-regulation (3), this Part shall not apply to(a) any officer who prior to the 1st January, 1934, was offered and accepted appointment to the service of the former Protectorate of Northern Rhodesia on conditions which provided that any pension granted to him in respect of service in the former Protectorate of Northern Rhodesia would be at the rate of one four hundred and eightieth of his pensionable emoluments for each complete month of pensionable service; (b) any officer who is transferred to the service of the Governments from another East African Dependency under the law or regulations of which he is eligible to receive on his retirement a pension at the rate of one four hundred and eightieth of his pensionable emoluments for each complete month of pensionable service. (3) Where an officer to whom, but for this sub-regulation, this regulation would not apply, is, on or after the 1st January, 1934, reappointed to the service of the Governments after continuous employment in other public service, not being entirely East African service, this Part shall apply to him as regards the period or periods of his service subsequent to that reappointment and not otherwise, and the pension of such officer in respect of service with the Governments shall be computed in two parts according to whether it is or is not service to which this Part applies, and in either computation the other

period of service with the Governments shall be treated, for the purposes of Part II, as though it had been service under another Scheduled Government. (4) For the purposes of this regulation, an officer appointed to the service of the former Protectorate of Northern Rhodesia before the 1st January, 1934, on conditions which made no provision regarding rate of pension shall be deemed to have been appointed(a) if he had prior to that date been appointed to a pensionable office in the former Protectorate of Northern Rhodesia, on the conditions mentioned in sub-regulation (2) (a); and (b) if he had not been so appointed, on the conditions mentioned in sub-regulation (1). (5) Where an officer is transferred to the service of the Governments from another East African Dependency under the law of regulations of which he is eligible to receive on his retirement a pension at the rate of one four hundred and eightieth of his pensionable emoluments for each complete month of pensionable service prior to the 1st January, 1946, this Part shall apply to such officer as regards the period or periods of his service subsequent to the 1st January, 1946, and not otherwise; and the pension of such officer shall be computed in two parts according to whether it is or is not service to which this Part applies. The provisions of sub-regulation (2) of regulation 1 shall apply mutatis mutandis to the computation of such officer's pension. (As amended by G.N. Nos. 48 of 1934, 102 of 1935 and 298 of 1951 and S.I. No. 144 of 1965)

SCHEDULE
(Regulation 17) SCHEDULED GOVERNMENTS Aden Antigua Bahamas Barbados Basutoland Bechuanaland Protectorate Bermuda British Antarctic Territory British Guiana British Honduras Cyprus Dominica East Africa High Commission East Africa Railways and Harbours Administration Eastern Region of Nigeria Malawi Malayan Union Malaysia Malta Mauritius Mid West Nigeria Monsterrat Nigeria North Borneo Northern Region of Nigeria Nyasaland Protectorate Republic of Botswana Sabah St. Christopher Nevis and Anguilla St. Helena Sarawak

Falkland Islands Seychelles Federal Republic of Nigeria Sierra Leone Federated Malay States Singapore Federation of Malaya Somaliland Protectorate Federation of Nigeria Southern Rhodesia Federation of Rhodesia and NyasaStraits Settlements land Swaziland Fiji Tanganyika Republic Gambia Tanganyika Territory Ghana Tanganyika Broadcasting CorporaGibraltar tion Ghana Trinidad Great Britain (including the Colonial Turks and Caicos Islands Audit Department (Home EstabUganda lishment) and the Crown Agents) United Republic of Tanzania and Northern Ireland Virgin Islands Guyana Western Pacific Hong Kong Western Region of Nigeria Jamaica Windward Islands (Grenada, St. Kenya Lucia and St. Vincent) Kenya and Uganda Railway Zanzibar Protectorate Kingdom of Lesotho Leeward Islands (before 1st July, 1956) (G.N. No. 57 of 1936 as amended by G.N. Nos. 243 of 1943, 190 of 1948, 158 of 1950, 171 of 1952, 171 of 1955, 317 of 1956, 192 of 1957 and 215 of 1958 and S.I. Nos. 248 and 439 of 1966)
SUBSIDIARY LEGISLATION

EUROPEAN OFFICERS' PENSIONS SECTION 2-PENSIONABLE OFFICES Declarations by the President

CAP. 266 Government Notices 48 of 1964 472 of 1964 Statutory Instrument 40 of 1965

Each of the offices set out in the Schedule is hereby declared to be pensionable with retrospective effect to the date of the establishment of such office.

The list of pensionable offices set out in Government Notice No. 13 of 1961 is hereby revoked: Provided that this revocation shall not prejudice the rights of present holders and past holders of offices which no longer appear in the Schedule.

SCHEDULE
Ministry/Department Title of Office All Ministries Administrative Officer, Special Grade I Administrative Officer, Special Grade II Administrative Officer, Special Grade III Administrative Officer, Special Grade IV Administrative Officer, Special Grade V Administrative Officer, Grade I Administrative Officer, Grade II Administrative Officer, Grade III Administrative Officer, Grade IV Chief Technical Officer Clerical Assistant Clerical Officer Executive Assistant Executive Officer, Grade I Executive Officer, Grade II Permanent Secretary Professional Officer, Special Grade I Professional Officer, Special Grade II Professional Officer, Special Grade III Professional Officer, Grade I Professional Officer, Grade II Professional Officer, Grade III Professional Officer, Grade IV Senior Clerical Officer, Grade I Senior Clerical Officer, Grade II Senior Executive Officer, Grade I Senior Executive Officer, Grade II Senior Technical Officer Senior Works Supervisor, Grade I Senior Works Supervisor, Grade II Superscale Administrator, Grade A Superscale Administrator, Grade B Superscale Administrator, Grade C

Superscale Administrator, Grade D Technical Assistant Technical Officer, Grade I Technical Officer, Grade II Technical Officer, Grade III Works Supervisor, Grade I Works Supervisor, Grade II Works Supervisor, Grade III Judicial Puisne Judge Master Interpreter Ministry of Justice Attorney-General Chief Justice

Justice of Appeal Deputy Governor

Deputy Governor's Office

Office of the Prime Minister Secretary to the Cabinet Establishment .. Chief Establishment Officer Inspector of Office Services Training .. .. Master Police Force .. .. Commissioner of Police Deputy Commissioner of Police Senior Assistant Commissioner of Police Assistant Commissioner of Police Senior Superintendent of Police Superintendent of Police Quartermaster Assistant Superintendent of Police Assistant Quartermaster Chief Inspector of Police Senior Inspector of Police Inspector of Police Assistant Inspector of Police, Grade I Master/Senior Master Senior Armourer Desk Officer Master Printing and Stationery .. Assistant Government Printer Stores .. . . Controller Land Tenure Officer Rural Development .. Commissioner for Community Development Local Government and Fire Prevention Officer Housing. . . . . Territorial Fire Adviser Government Printer

Education . . . . Principal Headmaster Headmistress Senior Master Senior Mistress Senior Lecturer Senior Technical Master Senior Technical Mistress Master Mistress Lecturer Technical Master Technical Mistress Lands .. . . Commissioner of Lands Deputy Commissioner of Lands Principal Lands Officer Surveys .. . . Surveyor-General Deputy Surveyor-General Veterinary and Tsetse Control .. . . Director of Veterinary Services Deputy Director of Veterinary Services Pneumoconiosis Medical and Director, Pneumoconiosis Medical and Research Bureau Research Bureau Medical Officer Pathologist Government Flight .. Chief Pilot

CHAPTER 267 THE PUBLIC OFFICERS (CHANGE OF TITLES) ACT


ARRANGEMENT OF SECTIONS

Section 1. 2. 3. Short title Substitution of new titles of public officers Provision for future change of titles

SCHEDULE-Titles of public officers

CHAPTER 267

PUBLIC OFFICERS (CHANGE OF TITLES)

20 of 1929 36 of 1933 An Act to provide for the change of title of certain public officers. Government Notices [5th April, 1929] 234 of 1964 497 of 1964 1. This Act may be cited as the Public Officers (Change of Titles) Act. Short title 2. Wherever any title amongst those of the public officers set out in the Substitution of first column of the Schedule appears in any written law, order or notice new titles of now in force, it shall be deemed to be replaced by the corresponding title public officers or titles set out in the second column of the Schedule. (As amended by No. 36 of 1933) Provision for 3. Whenever any change of title of any public officer occurs at any future time, the President, if occasion requires, may, by statutory notice, future change of make any necessary substitution in or addition to the Schedule, and the titles provisions of section two shall apply accordingly in conformity with every such substitution or addition. (As amended by G.N. No. 234 of 1964)

SCHEDULE
(Section 2) TITLES OF PUBLIC OFFICERS First Column (Incorporated in the Laws of Zambia) CHAPTER 268 THE EMPLOYMENT ACT Second Column

ARRANGEMENT OF SECTIONS

PART I PRELIMINARY Section 1. 2. 3. Short title Application and power of exemption Interpretation

PART II APPOINTMENTS, OFFICERS 4. 5. 6. 7. 8. 9. POWERS AND DUTIES OF

Appointment of officers Delegation by Labour Commissioner Powers of labour officers Duties of public officers Offence to delay or obstruct officers Saving of other laws

10. Labour officers to be provided with and to produce certificates of appointment 11. Power to require returns

PART III CONTRACTS OF SERVICE GENERALLY 12. 13. 14. 15. 15A. Minimum contractual age Repatriation Employer to provide transport on repatriation Holidays with pay Maternity leave

15B. Prohibition of termination of employment for reasons connected with pregnancy 15C. Repealed by Act No. 15 of 1997

PART IV ORAL CONTRACTS OF SERVICE Section 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 26A. 26B. 27. Application of Part IV Contracts not required to be in writing Presumptions as to periods of oral contracts Presumptions as to new contract Termination by notice Termination by payment Repealed by Act No. 15 of 1997 Repealed by Act No. 15 of 1997 Record of oral contracts Summary dismissal Right to wages on dismissal for lawful cause Termination on grounds related to conduct or performance Termination by redundancy Offence

PART V WRITTEN CONTRACTS OF SERVICE 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. Contracts required to be in writing Attestation Contents of written contracts Family of employee not bound by contract Duty of proper officer Repealed by Act No. 15 of 1997 Medical examination Transfer of contract Termination of contract Security in contracts of foreign service

38.

Foreign contracts of service and contracts made abroad

39. Inducing persons to proceed abroad without a contract of foreign service 40. Continued employment under oral contract

PART VI HOUSING AND WELFARE 41. 42. 43. Housing of employees Water for use of employees Medical attention

PART VII PROTECTION OF WAGES Section 44. 45. 46. 46A. 47. 48. 49. 50. 51. 52. 53. 54. 55. Wages to be paid to employee in currency of Republic Authorised deductions Repealed by Act No. 15 of 1997 Repealed by Act No. 15 of 1997 Unauthorised deductions Wages, when due and payable Disposal of wages Record of wage payments to be kept by employer Explanation of wages and conditions of employment Provisions to be displayed Wages not to accrue during imprisonment Wages while incapacitated Offences

PART VIII EMPLOYMENT AGENCIES

56. 57. 58. 59. 60. 61. 62. 63.

Employment agencies to be licensed Labour Commissioner may refuse licence Repealed by Act No. 28 of 1994 Fees Keeping of registers and submission of returns Offences by employment agencies Offence to operate as employment agency without a licence Offence to recruit or to assist in recruiting

PART IX DISPUTES AND BREACHES OF CONTRACT 64. 65. 66. 67. 68. 69. Disputes to be referred to a labour officer Powers of labour officer in respect of offences Personal attendance at court may be dispensed with Arrest of absconding defendant Procedure to be applied to proceedings under this Act Determination of age

PART X POWERS OF COURTS AND OFFENCES Section 70. 71. 72. 73. 74. 75. 76. 77. Powers of courts Court may order payment of compensation Cancellation of contract Employees under sixteen not subject to penal provisions Assessment of wages, etc. Offences Offences by employers General penalty

PART XI MISCELLANEOUS

78. Contracts made before commencement of Act and foreign contracts 79. 80. 81. Certificate of service, testimonials and references Regulations Repealed by Act No. 8 of 1992

CHAPTER 268

EMPLOYMENT

Act 57 of 1965 An Act to provide legislation relating to the employment of persons; to 28 of 1971 make provision for the engagement of persons on contracts of service 29 of 1975 and to provide for the form of and enforcement of contracts of service; 18 of 1982 to make provision for the appointment of officers of the Labour 15 of 1989 Department and for the conferring of powers on such officers and upon 8 of 1992 medical officers; to make provision for the protection of wages of 28 of 1994 employees; to provide for the control of employment agencies; and to 13 of 1994 provide for matters incidental to and consequential upon the foregoing. 15 of 1997 PART I PRELIMARY 1. This Act may be cited as the Employment Act. Short title

2. (1) Subject to the provisions of subsection (2), the provisions of this Application and Act shall bind the Republic: power of exemption Provided that this subsection shall not have effect in relation to the following: (i) persons in the Defence Force (other than locally engaged civilian employees); (ii) members of the Zambia Police Force;

(iii) members of the Zambia Prison Service. (As amended by Acts No. 28 of 1971 and No. 15 of 1997) 3. In this Act, unless the context otherwise requires"advance" includes any payment in money to any person upon condition that he repays or makes good the same by his labour or out of the wages to be received by him under a contract of service; "casual employee" means any employee the terms of whose employment provide for his payment at the end of each day and who is engaged for a period of not more than six months; "court" means the Supreme Court, and the Industrial Relations Court; "collective agreement" means an agreement voluntarily nego-tiated between employers or associations of employers and employees or associations of or representing employees in which are laid down the conditions of employment and remuneration for employees; "contract of foreign service" means a contract of service made within Zambia which is to be performed, wholly or in part, outside Zambia: Provided that(i) a contract in which an employee is required to perform a journey from some place within Zambia to any place outside Zambia and to return to Zambia within one month of the commencement of such journey, if such journey may reasonably be expected to be completed within one month of its commencement; or (ii) a contract which provides for courses of training, part or all of which are to be performed outside of Zambia; shall not be deemed to be a contract of foreign service; Cap. 275 "employee" means any person who has entered into or works under a contract of service, whether the contract is express or implied, is oral or in writing, and whether the remuneration is calculated by time or by work done, or is in cash or kind, but does not include a person employed under a contract of apprenticeship made in accordance with the Interpretation

Apprenticeship Act or a casual employee; "employer" means any person, or any firm, corporation or company, public authority or body of persons who or which has entered into a contract of service to employ any person, and includes any agent, representative, foreman or manager of such person, firm, corporation, company, public authority or body of persons who is placed in authority over such person employed; "employment agency" means any person who acts either on his own behalf or as an intermediary for the purpose of obtaining employment for an employee or supplying an employee for an employer and who either charges an entrance fee, a periodical contribution or any other charge, or derives, either directly or indirectly, any pecuniary or other material advantage from either the employer or the employee, but does not include newspapers or other publications, unless they are published wholly or mainly for the purpose of acting as intermediaries between employees and employers; "Labour Commissioner" means the person appointed or deemed to have been appointed as such in pursuance of the provisions of section four; "labour officer" means any person appointed or deemed to have been appointed as a labour officer persuant to the provisions of section four and includes the Deputy Labour Commissioner, an Assistant Labour Commissioner and a Labour Inspector; "medical officer" means any Government medical officer or any medical practitioner approved by the Director of Medical Services for the purposes of any of the provisions of this Act relating to medical officers; "month" means a calendar month; "piece work" means any work the pay for which is estimated by the amount of work performed irrespective of the time occupied in its performance; "proper officer" means the Labour Commissioner or any labour officer; "recruiting" includes all operations undertaken with the object of obtaining or supplying the labour of persons who do not spontaneously

offer their services at the place of employment or at a labour or employment office established by the Government, or at an office conducted by an employer's organisation established for the purpose of receiving applications for employment, and "recruit" shall be construed accordingly: Provided that it shall not include the following classes of recruiting operations: (a) operations undertaken by or on behalf of employers who do not employ more than a limited number of employees, which number shall be prescribed by the Minister; (b) operations for the engagement of personal and domestic servants and non-manual workers; (c) operations undertaken within a limited radius prescribed by the Minister from the place of employment; "task" means such amount of work performed in a trade, occupation or undertaking in a given period of time; "wages" means the remuneration or earnings, however designated or calculated, capable of being expressed in terms of money and fixed by a contract of service or a contract of foreign service which are payable by an employer to an employee or a casual employee for work done or to be done or for services rendered or to be rendered; "young person" means a person who has not attained the age of fifteen years. (As amended by Acts No. 28 of 1971 and No. 15 of 1997)

PART II APPOINTMENTS, OFFICERS POWERS AND DUTIES OF

4. There shall be a Labour Commissioner who shall be respon-sible to Appointment of the Minister for the administration of this Act, and such number of officers labour officers as may be necessary for the purposes of this Act:

Provided that any person who, before the commencement of this Act, was appointed to be a Labour Commissioner or a labour officer shall be deemed to have been appointed for the purposes of and in pursuance of the provisions of this Act.

5. (1) The Labour Commissioner may, with the consent of the Minister, Delegation by delegate in writing to any person the exercise of any of his powers and Labour the performance of any of his duties, either in Zambia as a whole, or in Commissioner any part thereof, in relation to any matter or thing provided for by this Act. (2) The Labour Commissioner may cancel or suspend any delegation made under subsection (1). (As amended by Act No. 15 of 1997).

6. (1) The powers and duties conferred or imposed upon labour officers Powers of by the provisions of this section shall be in addition to any other powers labour officers or duties conferred or imposed upon them by or under any other written law. (2) A labour officer shall, for the purposes of this Act, have power to do all or any of the following: (a) to enter freely at any reasonable time, whether by day or by night, any workplace or conveyance where he may have reasonable cause to believe persons are being employed and to inspect such workplace or conveyance: Provided that this power shall not be exercised except during the hours of daylight in relation to any private dwelling-house or any land or building occupied in connection therewith; (b) to enter by day any premises in order to carry out any examination, test or inquiry which he may consider necessary in order to satisfy himself that the provisions of this Act are being complied with, and in particular(i) to interrogate, whether alone or in the presence of witnesses, any employer, employee or casual employee on any matter concerning the application of any of the provisions of this Act, and to question any

other person from whom he considers useful information may be obtained, so, however, that no one shall be required to answer any questions tending to incriminate himself; (ii) to require the production for examination of any book, register, account or other document, the keeping of which is prescribed by this Act, and to copy such documents or to make extracts therefrom and, if he considers such a course necessary or expedient, to remove such book, register, account or other document; (iii) to enforce the posting of notices in such places and in such manner as may be prescribed. (3) A labour officer shall, on the occasion of any inspection or visit, notify the employer or his representative of his presence, unless it is considered by the labour officer concerned that such notification may be prejudicial to the performance of his duties. (4) The powers conferred upon a labour officer by the provisions of this Act may be exercised by the Labour Commissioner and, for the purposes of carrying out any of his functions under this Act or any other written law, by a medical officer. (5) Where a labour officer removes a book, register, account or other document in pursuance of the provisions of subparagraph (ii) of paragraph (b) of subsection (2), he shall give a receipt in respect of such book, register, account or other document to the employer or his representative. (As amended by No. 28 of 1971) 7. (1) A public officer called upon to discharge duties of a public nature Duties of public under the provisions of this Act shall not have any pecuniary interest, officers directly or indirectly, in any undertaking under his supervision. (2) Any person who, in the exercise of his powers under this Act or in the performance of his duties under this Act, acquires information relating to the financial affairs, or the secret processes, or the plant or equipment of any other person, firm or business, shall not, save for the purposes of legal proceedings under this Act, disclose such information to any other person, except(a) to a court of law or to any person who by law is invested with the

power to compel the disclosure of such information; or (b) to the Commissioner or to any person acting in the execution of this Act, in so far as such information may be necessary for the execution thereof. (3) Any person who contravenes the provisions of this section shall be guilty of an offence, and shall be liable on conviction to a fine not exceeding three thousand penalty units or to imprisonment for a period not exceeding twelve months, or to both. (As amended by Acts No. 13 of 1994 and No. 15 of 1997) 8. (1) Any person whoOffence to delay or obstruct officers

(a) wilfully obstructs, hinders or delays a proper officer or a medical officer in the exercise of any of the powers conferred upon him by the provisions of this Act; or (b) without reasonable cause, fails to comply with any lawful direction given or made by a proper officer or a medical officer under the provisions of this Act; or (c) fails to produce any book, account, register or other document which he is required to produce under the provisions of this Act; or (d) conceals, or attempts to conceal, any employee or casual employee who is required to appear before, or to be examined by, any labour officer, or who otherwise prevents, or attempts to prevent, any such employee or casual employee from so appearing or being examined; shall be guilty of an offence. (2) Every employment agency shall afford all facilities which may be reasonable or necessary to enable the Labour Commissioner or any labour officer to exercise any powers conferred upon him by this Act, and any employment agency failing to afford such facilities shall be guilty of an offence. (As amended by No. 28 of 1971)

9. Nothing in this Act shall operate to relieve any employer or Saving of other employee of any duty or liability imposed on him by any other written laws law or to limit any powers conferred upon any public officer by any such law. 10. (1) The Labour Commissioner shall issue to every labour officer such certificate of his appointment or authority so to act as may be prescribed, and when so acting, such labour officer shall, if so required by any person affected, produce the certificate. Labour officers to be provided with and to produce certificates of appointment

(2) If any person forges or unlawfully alters any certificate of appointment referred to in subsection (1) he shall be guilty of an offence and shall be liable on conviction to a fine not exceeding twenty thousand penalty units or to imprisonment for a period not exceeding two years, or to both. (As amended by Acts No. 13 of 1994 and No. 15 of 1997) 11. (1) The Labour Commissioner may, with the approval of the Power to Minister, require an employer or employment agency to collect such require returns statistics as he shall deem proper in respect of any employees, casual employees or persons engaged through an employment agency and may require employers or employment agencies to make returns based on such statistics at such intervals as he may deem fit. (2) Any person who fails to comply with any requirement of the Labour Commissioner under this section shall be guilty of an offence. (As amended by No. 28 of 1971)

PART III CONTRACTS OF SERVICE GENERALLY 12. (1) Notwithstanding the provisions of the Employment of Young Minimum Persons and Children Act, but subject to the provisions of subsection contractual age. (3), no person shall, except under conditions to be prescribed, employ or Cap. 274

cause to be employed, any person under the age of fifteen years, and any person who contravenes the provisions of this subsection shall be guilty of an offence. (2) Where any contract of service is entered into between an employer and an employee or a casual employee who has not attained the age of sixteen years(a) the contract shall be deemed to be a daily contract notwithstanding any agreement, whether oral or in writing to the contrary; and (b) the employer shall cause the contract to be attested by the proper officer; (3) The provisions of subsection (1) shall not apply(a) in the case of a person, under the age of fifteen years, who is receiving full-time education at a school recognised as such under the Education Act, if he is employed during school vacations; (b) in the case of a person, under the age of fifteen years, who has failed to secure admission to a suitable school or whose enrolment has been cancelled or terminated by the school authorities or for good cause by a parent: Provided, however, that in either case, such child shall be employed only if the terms, conditions and nature of his employment are approved by a proper officer. (As amended by Acts No. 28 of 1971 and No. 15 of 1997) 13. (1) Whenever an employee has been brought from a place within Zambia to a place of employment by the employer, or by an employment agency acting on behalf of the employer, the employer shall pay the expenses of repatriating the employee to the place from which he was brought, in the following circumstances: (a) on the expiry of such period of service as may be specified in the contract of service; Repatriation Cap. 134

(b) on the termination of the contract of service by reason of the inability, refusal or neglect of the employer to comply with all or any of the provisions of such contract; (c) on the termination of the contract of service by agreement between the parties unless the contract otherwise provides; (d) on the termination of the contract of service by reason of the inability of the employee to comply with the provisions thereof by reason of illness or accident not occasioned through his own faul