Professional Documents
Culture Documents
CONTENTS
Chapter 159.Vacant
Chapter 160.Vacant
Chapter 171.Vacant
Chapter 172.Vacant
CHAPTER 153
ARRANGEMENT OF SECTIONS
PART I
PRELIMINARY
Section
1. Short title
2. Interpretation
PART II
THE HOTELS BOARD
PART IV
LICENSING AND GRADING OF HOTELS
13. Licences
14. Conditions under which licences shall be granted
15. Transfer of hotel licence
16. Revocation of licences
Section
17. Re-grading of hotels
18. Refusals, cancellations and re-gradings
19. Appeal to Minister
PART V
MISCELLANEOUS
PART I
PRELIMINARY
PART II
3. (1) There shall be established an Hotels Board, which shall consist Establishment
of- and
composition of
Board
(2) The members referred to in paragraphs (a), (b), (c) and (f) of
subsection (1) shall be appointed by the Minister in his discretion but the
members referred to in paragraphs (d) and (e) shall be appointed by the
Minister in accordance with the recommendation of the organisation
concerned.
(3) Members, except those referred to in paragraphs (a), (b), (c) and (f)
of subsection (1), may nominate a member of their organisation to
represent them at a particular meeting and that representative shall, for
the purposes of that meeting, be a member.
4. (1) Members shall hold office for three years and may be Tenure and
re-appointed. vacancies
(2) Members may resign upon giving one month's notice in writing to
the Minister and may, at any time, be removed by the Minister.
(b) ensure that proper provision is made for the sanitation of hotels;
(d) ensure that proper provision is made for the safety of persons
and goods in hotels;
(h) enter at any reasonable time the premises of a hotel for the
purpose of ascertaining whether this Act or regulations made under it
are being complied with; and
(i) do all such things as are necessary to promote the hotel industry
and the welfare of guests.
7. (1) Subject to this Act, the Board may regulate its own procedure. Proceedings of
Board
(2) The Board shall meet for the transaction of business at least once in
every three months at such places and at such times as the Chairman
may determine.
(3) Upon giving notice of not less than fourteen days, a meeting of the
Board may be called by the Chairman, and shall be called if not less than
four members so request in writing:
Provided that if the urgency of any particular matter does not permit the
giving of the notice, a special meeting may be called upon giving a
shorter but reasonable notice in the circumstances.
(6) The Chairman shall preside at every meeting of the Board or in the
absence of the Chairman, the Vice-Chairman shall preside and in the
absence of both the Chairman and Vice-Chairman, a member elected by
the members present for the purpose of that meeting, shall preside.
(8) The Board may invite any person, whose presence is in its opinion
desirable, to attend and to participate in the deliberations of a meeting
but that person shall have no vote.
(9) The validity of any proceedings, act or decision of the Board, shall
not be affected by any vacancy in its membership or by any defect in the
appointment of any member or because any person not entitled to do so
took part in the proceedings.
8. (1) If any person is present at a meeting of the Board at which any Disclosure of
matter in which that person or his spouse is directly or indirectly interest
interested in a private capacity is the subject of consideration, he shall,
as soon as practicable after the commencement of the meeting, disclose
that interest and shall not, unless the Board otherwise directs, take part
in any consideration or discussion of, or vote on, any question touching
that matter.
10. (1) The Board may, for the purpose of performing its functions Committees of
under this Act, establish any committee the Chairman of which shall be Board
a member of the Board and may delegate to any such committee such of
its functions as it determines.
PART III
ADMINISTRATION
11. (1) The Public Service Commission shall appoint a Secretary to the Secretary and
Board, which office shall be in the public service. other staff
(3) The Public Service Commission shall also provide to the Board the
services of such other public officers, which shall include inspectors, as
may be required for the efficient discharge of the functions of the Board.
12. (1) No person shall, without the consent in writing given by or on Prohibition of
behalf of the Board, publish or disclose to any person otherwise than in publication or
the course of his duties, the contents of any document, communication disclosure of
or information, which relates to, and which has come to his knowledge information to
in the course of, his duties under this Act. unauthorised
persons
13. (1) No person shall operate an hotel unless he has previously Licences
obtained an hotel licence from the Board specifying the premises in
respect of which the licence is granted.
14. (1) No hotel licence shall be granted by the Board unless the Board Conditions
is satisfied that- under which
licences shall be
granted
(a) the applicant does not fall under any of the disqualifications
specified in subsection (3) of section four;
(c) proper provision has been made for the sanitation of the hotel;
(d) proper provision has been made for the hotel to be managed in
an efficient manner;
(e) proper provision has been made for the storage, preparation,
cooking and serving of food in the hotel;
(f) the premises in respect of which the application is made comply Cap. 295
with the Public Health Act and regulations made under it, and a
certificate to that effect is produced; and
(g) the applicant meets such additional requirements relating to-
(i) paragraphs (b) to (f); or
(ii) the welfare of guests;
as the Board may determine.
(2) No hotel manager's licence shall be granted by the Board unless the
Board is satisfied that the applicant is of good character and meets such
other conditions as the Board may determine.
15. Where a holder of a hotel licence informs the Board that he intends Transfer of
to transfer that licence to some other person, the Board may authorise hotel licence
the transfer if it is satisfied that the conditions specified in or under
subsection (1) of section fourteen have been complied with.
16. (1) Where it appears to the Board that after the grant of an hotel Revocation of
licence or an hotel manager's licence- licences
Provided that a hotel manager's licence shall not be revoked if the Board
is satisfied that any contravention under this subsection took place
without his knowledge, consent or connivance.
(2) Where there is a contravention under subsection (1) the Board may
require the hotel-keeper, by notice in writing, to correct the
contravention within a period, not being less than thirty days, and if the
hotel-keeper fails to do so to the satisfaction of the Board within the
specified period, the Board may revoke in writing the hotel licence or
the hotel manager's licence, but the revocation of either licence shall not
take effect until the expiration of thirty days from the date of the notice
to revoke:
17. (1) The Board may, on the application of an hotel-keeper or on its Re-grading of
own motion, grade or re-grade hotels. hotels
(2) Where it appears to the Board that an hotel is not being managed in
a manner conforming to the class in which the hotel is graded, the Board
may, upon giving notice to the hotel-keeper, remove the name of the
hotel from the class in which it is registered and place it in a lower class,
but the regrading shall not take effect until the expiration of thirty days
from the date of the notice.
18. The Board shall not refuse an application for an hotel licence or an Refusals,
application to transfer an hotel licence or cancel an hotel licence granted cancellations
under subsection (1) of section thirteen or re-grade an hotel under and re-gradings
section seventeen unless the hotel manager or hotel-keeper has been
furnished, in writing, by the Board, with the reasons for the refusal,
cancellation or regrading and has been given an opportunity of
appearing before the Board and of being heard in support of the
application, or in opposition to the cancellation or re-grading.
(2) If the Minister is satisfied that the failure to lodge an appeal within
the thirty days referred to in subsection (1) was not due to the neglect or
wilful default of the applicant, he may allow the appeal to be lodged out
of time.
(3) In every case in which an appeal under this section has been lodged,
the Board shall submit to the Minister in writing the grounds for its
decision.
PART V
MISCELLANEOUS
20. A member, or any person authorised in writing by the Board in that Entry,
behalf may, at any reasonable time, enter and inspect the premises of an inspection and
hotel and may require the hotel-keeper to furnish such information as is information
necessary to enable the Board to carry out its functions.
21. (1) Every hotel-keeper shall keep a register in which shall be Register of
recorded the name of every guest and such other particulars as may be guests
prescribed.
(a) present the register to every person who intends to stay at his
hotel and request him to write his name in the register together with such
other particulars as may be prescribed;
(4) An hotel-keeper may refuse to allow into his hotel a guest who
refuses or fails to give the particulars prescribed by or under this Act.
22. (1) An hotel-keeper may detain goods brought into the hotel or left Lien of
in the hotel by a guest indebted to him for board and may continue to hotel-keeper
detain the goods until the debt is paid but may not detain the clothing
which the person is wearing.
(2) An hotel-keeper shall have the right to sell by public auction goods
detained under subsection (1) and shall, after having out of the proceeds
of the sale paid himself the amount of the debt together with the costs
and expenses of the sale, make reasonable efforts to pay to the guest
whose goods have been sold, the surplus, if any, remaining after the
sale.
(3) No sale of the goods referred to in subsection (1) shall be made until
after the goods have been for six weeks in the charge or custody of the
hotel-keeper or in the hotel without the debt having been paid or
satisfied.
(4) At least one month before any sale is made under this section, the
hotel-keeper shall cause to be published in at least one newspaper
circulating in the district where the hotel is situated, an advertisement
containing notice of such intended sale and giving briefly a description
of the goods intended to be sold, together with the name of the guest
who brought, deposited or left the goods, if known.
(5) Where goods are sold under subsection (2) the hotel-keeper shall,
before the expiration of the period of seven days beginning with the date
of the sale of the goods, prepare a record in relation to the goods
containing the following particulars:
23. (1) Without prejudice to any other liability incurred by him with Liabilities of an
respect to any property brought into the hotel by a guest, a hotel-keeper hotel-keeper
shall, except as otherwise provided in this section, be liable to make
good to that guest any loss or damage to the property where-
(2) Without prejudice to any other liability or right of his with respect
thereto, an hotel-keeper shall not, as such, be liable to make good to any
guest any loss of, or damage to, or have a lien on, any motor vehicle or
any property left therein.
(3) Where the hotel-keeper is liable as such to make good the loss of or
any damage to property brought to the hotel, his liability to any one
guest shall not exceed one thousand kwacha in respect of any one
article, or five thousand kwacha in the aggregate, except where-
(a) the property was stolen, lost or damaged through the default,
neglect or wilful act of the hotel-keeper or his servant or agent;
(c) at any time after the guest had arrived at the hotel, either the
property in question was offered for deposit and the hotel-keeper or his
servant or agent refused to receive it, or the guest or some other person
acting on his behalf wished to so offer but through the default of the
hotel-keeper or his servant or agent, was unable to do so:
24. A person who leaves an hotel without either paying his bill for Settlement of
board or making arrangements with the hotel-keeper, his agent or bill
servant that the bill may be left in abeyance is guilty of an offence and
liable, upon conviction, to a fine not exceeding seven hundred and fifty
penalty units or imprisonment not exceeding three months, or both.
(As amended by Act No. 13 of 1994)
25. (1) A hotel shall add to every bill a service charge of ten per centum Service charge
of the bill, which shall be paid in equal shares to all the employees who and tips
are unionised or are eligible for union membership.
(4) No person is obliged to give a tip for any service rendered in an hotel
and the hotel-keeper of each hotel shall display a notice to that effect
printed in plain type in a conspicuous place in the hotel where it could
conveniently be read by a guest in the hotel.
(As amended by Act No. 13 of 1994)
26. A person who contravenes this Act or any direction given under it Offences and
or regulations made under it shall, unless a different penalty is provided, penalties
be liable to a fine not exceeding seven hundred and fifty penalty units or
to imprisonment not exceeding three months, or both.
(As amended by Act No. 13 of 1994)
27. (1) The Minister may, by statutory instrument, make regulations for Regulations
the better carrying out of the purposes of this Act.
(c) providing for the grading of hotels and all matters incidental
thereto;
(g) requiring the disposal of the register or any part thereof; and
(3) Regulations made under this section may provide for the
cancellation, by the court trying the offence, of the licence of any
hotel-keeper who is convicted of any contravention of the regulations.
28. Nothing in this Act shall affect the Liquor Licensing Act or Application of
regulations made under it. Liquor
Licensing Act.
Cap. 167
29. The Inkeepers Act, 1878, shall, so far as it remains in force in Repeal and
Zambia, cease to have effect. disapplication
Cap. 251, 41
and 42
Vic. C38
Cap. 251
SUBSIDIARY LEGISLATION
Regulation
1. Title
2. Interpretation
3. Applications for licences
4. Procedure on application
5. Consideration of application
6. Grant of licence
7. Notification of change of ownership
8. Classification of hotels
9. Factors governing classification
10. Issue of notice of classification
11. Keeping of register
12. List of charges to be displayed
13. Notice of classification to be displayed
14. Bedrooms to be numbered
15. Accommodation in a double room
16. Charges for full board terms
17. Bill to be supplied
18. Authentication of documents
19. Power of inspector
20. Penalties
21. Publication in Gazette
22. Revoked by S.I. No. 162 of 1985
24. Revocation
SCHEDULE-Prescribed Forms
FORM 1Application for Licence to Keep or Manage an Hotel
FORM 2Application for Renewal of Licence to Keep or Manage an
Hotel
FORM 3Application for Hotel Manager's Licence
FORM 4Hotel Manager's Licence
FORM 5Licence to Keep or Manage an Hotel
FORM 6Notice of Classification
FORM 7Register of Guests
CHAPTER 153
"bath" includes supply of adequate hot and cold water, soap and towels,
and cleaning of the bath and bathroom;
"double room" means a room of at least sixteen square metres with not
more than two beds excepting a baby cot;
"hotel manager" means the person who has overall charge of the
day-to-day affairs of an hotel;
"single room" means a room of at least eleven square metres with not
more than one bed excepting a baby cot;
3. (1) Any person required by the Act to obtain a licence to keep or Applications for
manage an hotel shall submit an application to the Board in Form 1 in licences
the Schedule.
(2) Any person required by the Act to renew such licence shall submit
an application to the Board in Form 2 in the Schedule.
(3) With effect from the 1st January, 1984, any person desiring to be or
continue to be an hotel manager must hold an hotel manager's licence
issued by the Board by that date.
4. (1) Upon receipt of an application, the Board shall satisfy itself that Procedure on
the particulars set out therein are correct and shall carry out such application
investigation or inspection as may be necessary.
(2) Upon receipt of an application, the Board shall furnish the applicant
with an acknowledgement and shall specify therein the date on which
the Board shall consider such application.
5. Upon the date appointed for the consideration of an application, the Consideration
Board shall consider the particulars set out therein together with such of application
reports of inspections and inquiries as may have been called for, and
may-
7. When the ownership of an hotel is changed, the holder of the licence Notification of
shall notify the Board of such change forthwith. change of
ownership
8. The Board shall classify hotels into such classes and in accordance Classification
with such principles as the Board may from time to time decide. The of hotels
Board shall publish particulars of such classes and principles in the
Gazette.
10. The Board shall, upon classification of any hotel in accordance Issue of notice
with these Regulations, send to the holder of the licence for such hotel a of classification
notice in writing in Form 6 in the Schedule informing him of such
classification.
11. Every hotel-keeper required under section thirteen of the Act to Keeping of
keep a register for the purpose of showing the name of every guest shall register
keep such register in book form in Form 7 in the Schedule.
12. Every hotel-keeper shall cause a list of current charges for his hotel List of charges
to be clearly printed and a copy of it to be displayed in every bedroom to be displayed
and in a prominent place at the reception desk at his hotel. Any person
who contravenes the provisions of this regulation shall be guilty of an
offence.
14. Every bedroom shall be numbered and the number allotted to each Bedrooms to be
such room shall be clearly marked on the outside of the door thereof. numbered
15. (1) When a person occupies a double room because no single-room Accommodation
accommodation is available, the hotel-keeper shall not charge to such in a double room
person, in respect of the room, a rate higher than that fixed for
single-room accommodation:
Provided that the hotel-keeper may, at any time, request such person to
share a room with another person, and, if the first person agrees, he shall
be charged as regards accommodation and for so long as the room is
shared with the other person, half the price chargeable for a double
room; and, if he refuses, such first person may be charged the full price
for the double-room accommodation.
(2) Any person who contravenes the provisions of this regulation shall
be guilty of an offence.
16. No guest staying at an hotel on full board terms shall be entitled to Charges for full
any reduction in charges by reason of the fact that he may not have board terms
consumed the full number of meals supplied under full board terms.
17. An hotel-keeper shall furnish every guest staying at his hotel with a Bill to be
bill showing in detail the item or items supplied and the charge or supplied
charges made therefor and, on payment being made, with a receipt duly
dated and signed. Every such bill and receipt shall be numbered
consecutively and a carbon copy thereof shall be kept by the
hotel-keeper and, for one year from the date of issue, such copy shall be
available for inspection by a member of the Board or a person
authorised in writing by the Board. Any person failing to comply with
the provisions of this regulation shall be guilty of an offence.
18. Every notice, order or other document issued by the Board shall be Authentication
signed by the Chairman thereof, or by some person authorised in writing of documents
by the Chairman for the purpose, and when so signed shall for all
purposes be deemed to have been duly issued by the Board until the
contrary be proved.
19. Any person authorised in writing by the Board in terms of section Power of
twelve of the Act and acting in the course of his duties may- inspector
(a) require any hotel-keeper or any of his employees, servants or
agents to produce to him any article, books or accounts or other
documents relating to the business of the hotel, other than profit and
loss, trading accounts and balance sheets;
(b) investigate any matter arising under the provisions of the Act;
(c) seize and detain any article, books or documents relating to the
business of any hotel, other than profit and loss, trading accounts and
balance sheets, if he has reasonable grounds for suspecting that they
contain evidence of the commission of an offence against the Act.
20. (1) Any person who is convicted of an offence against these Penalties
Regulations shall be liable to a fine not exceeding one thousand two
hundred and fifty penalty units or to imprisonment for six months, or to
both, and the court trying the offence may order the cancellation of any
licence held by any hotel-keeper who is convicted, or whose employee,
servant or agent is convicted, of an offence against these Regulations.
(2) Any person who abets the commission of, or attempts to commit,
any offence against these Regulations shall himself be guilty of an
offence.
(As amended by Act No. 13 of 1994)
24. The Hotels Regulations are hereby revoked. Revocation of S.I. No.
106 of 1983
SCHEDULE
PRESCRIBED FORMS
For Official Use
Only
1 ..............................
2 ..............................
3 ..............................
4 ..............................
5 ..............................
(h) writing-rooms
(i) sample rooms
(j) other public rooms
*Excluding private bathrooms, lavatories and sitting-rooms.
9. Is garage accommodation provided?
If so, describe and state for how many cars
10. What is the system of lighting?
11. What is the system of water supply?
If not on mains supply, state quantity of water available
litres per day.
12. What is the system of sanitation?
13. Are all rooms mosquito-proofed?
If not, state number proofed ......................... ; number unproofed
Chairman,
The Hotels
Board
CONDITIONS
NOTICE OF CLASSIFICATION
To Hotel/Motel Manager,
Your are hereby notified that the
Chairman, The
Hotels Board
Date .............................. Place
THE HOTELS ACT
FORM 7
(Regulation 11)
REGISTER OF GUESTS
This Form must be completed by Guests on Arrival
HOTEL REGISTER
...................................................................... Account No. (if any)
Car/Flight No .............................................. Room No
Name (in BLOCK LETTERS)
(State Mr, Mrs, or Miss)
Number of persons
Permanent residential address
Passport/Travel Document/NRC No
Date and place of issue
Purpose of stay at hotel
Holiday
Business
Visiting friends/relatives
Employment
Other (specify)
Identity checked by
Signature of Guest
No innkeeper shall be liable to make good to any guest of such innkeeper any loss of or injury to goods or
property brought to his inn, not being a horse or other live animal, or any gear appertaining thereto, or any
carriage, to a greater amount than the sum of sixty kwacha, except in the following cases (that is to say):
(1) Where such goods or property shall have been stolen, lost or injured through the wilful act, default, or
neglect of such innkeeper or any servant in his employ;
(2) Where such goods or property shall have been deposited expressly for safe custody with such innkeeper:
Provided always, that in the case of such deposit, it shall be lawful for such innkeeper, if he thinks fit, to
require, as a condition of his liability, that such goods or property shall be deposited in a box or other
receptable, fastened and sealed by the person depositing the same.
Money or valuables may be handed to the Manager for safe keeping.
SECTION 15-THE HOTELS (MINIMUM STANDARDS Statutory
AND CLASSIFICATION) REGULATIONS Instrument
21 of 1983
(b) four-star;
(c) three-star;
(d) two-star;
(e) one-star;
(f) ungraded.
Bedrooms
1. Through-ventilation shall be provided in all bedrooms.
2. For hotels constructed after the coming into force of these
Regulations, the minimum sizes of bedrooms built-in cupboards and
bathrooms shall not be deducted but the area occupied by balconies shall
be deemed not to be part of the bedroom.
3. The window area shall be a minimum of 10 per cent of the floor area.
An area equal to 50 per cent of the minimum window area must be
capable of opening.
4. (a) There shall be provided in each bedroom electric lighting and an
electricity outlet.
(b) There shall be provided at or near a bed for adults electric
lighting operated by a switch close to the bed; where a double bed is
provided, a light for either side shall be supplied, each with its own
switch.
5. Either-
(a) measures, such as flyscreening or air conditioning, shall be taken
against the entry of mosquitoes and similar creatures; or
(b) mosquito-nets shall be provided for guests and this fact shall be
brought to their notice.
6. For hotels constructed after the coming into force of these
Regulations, a lighted wash-hand basin, with hot and cold water laid on
and available at all times, shall be provided in each bedroom which does
not have a private bathroom, and there should be an area not less than
600 mm in width and 450 mm in height immediately above the basin
and which shall be protected with an impervious splash-back.
7. The following articles shall be provided at or near every wash-hand
basin:
(a) a towel rail;
(b) a shelf;
(c) a mirror; and
(d) a drinking glass for each occupant.
8. All bedroom doors shall have locks maintained in safe working
condition and keys shall be made available to guests occupying the
rooms.
9. An adequately lit dressing table, together with at least one drawer, a
mirror and a stool or a chair shall be provided in each bedroom.
10. A wardrobe or built-in cupboard shall be provided in each bedroom,
together with-
(a) coat hangers; and
(b) two or more shelves or drawers.
11. A waste-paper basket shall be provided in each bedroom.
12. There shall be-
(a) wall-to-wall carpeting; or
(b) one floor mat, not less than 90 cm by 120 cm, serving all beds;
or
(c) one bedside mat, not less than 60 cm by 100 cm, for each adult
bed.
13. Beds, but not beds for children, shall be of a minimum width of 90
cm and shall be provided with inner-sprung or foam-rubber mattresses
of a minimum thickness of 10 cm or a similar type, as may be approved,
with all sagging eliminated.
14. A suitable chair shall be provided for each bedroom in addition to
the stool or the chair for the dressing table.
15. A luggage rack shall be provided in each bedroom.
16. A bedside cabinet or table shall be accessible to all adult beds.
17. All rooms shall be numbered or named.
Bathrooms
18. (a) There shall be at least one bathroom and one toilet for every
eight beds which are not served by private bathrooms.
(b) Separate bathrooms and toilets shall be provided for each sex on
each floor on which there are bedrooms without private bathrooms.
(c) All bathrooms and toilets shall show for which sex they are
provided.
19. All bathrooms shall be served by an efficient hot-and-cold-water
system maintained in good working order.
20. All baths shall be built in with impervious material.
21. All walls of bathrooms shall be covered with impervious material up
to a height of 180 cm. The wall above the tiling shall be of a satisfactory
finish.
22. Floors shall be of impervious material and all corners and junctions
with walls shall be coved.
23. Every bathroom shall be provided with a-
(a) mirror, shelf and towel rail;
(b) bath mat;
(c) hook for hanging clothes;
(d) door which can be locked or bolted; and
(e) hand-wash basin.
24. (a) All toilet pans shall be provided with lids and seats.
(b) There shall be a toilet paper dispenser in each toilet and a
suitable form of sanitary disposal in each female toilet.
25. There shall be fly screens on all windows capable of opening.
Communication systems
26. There shall be a communication system of such nature as is
prescribed in these Regulations for the class of hotel concerned; there
shall be at least electric bells for ungraded hotels.
Electric Lighting
27. (a) Electric lighting shall be provided over the whole premises.
(b) Where self-generated electric current is used, alternative means
of lighting shall be available in all bedrooms, bathrooms, cloakrooms
and public rooms, for use when current is not available; notices
prominently displayed, drawing attention to this fact, shall be provided.
Dining Rooms and Lounges
28. Dining rooms and lounges shall be adequately ventilated.
29. Adequate furniture of acceptable quality shall be provided.
30. Adequate and proper table appointments including cutlery,
condiment sets and crockery shall be provided.
31. A clean and legible menu showing the meal tariff shall be made
available to guests when orders are taken.
32. Fly screens shall be provided for all windows capable of opening
where no air conditioning is available.
33. No chipped, cracked or broken crockery shall be used.
Fire
34. Fire-fighting appliances which comply with local by-laws shall be
available.
35. Fire escape facilities indicated by prominent notices shall be
provided and maintained in safe order.
Insurance
36. The hotel shall provide and keep in force an approved public liability
insurance policy.
Kitchens, Storerooms and Pantries
37. Floors of kitchens, storerooms and pantries shall be of impervious
material, suitably graded and drained; all corners, edges and junctions
with walls shall be coved.
38. Walls shall be tiled or be covered with other impervious finish to a
height of not less than 180 cm.
39. All kitchen and pantry furniture tops and shelving shall be of
stainless steel or other impervious material.
40. (a) Separate hand washing facilities with hot and cold water and
splash-back shall be provided in the kitchen for the use of staff.
(b) A separate sink with splash-back shall be provided exclusively
for the preparation of food.
41. Kitchens shall be kept free of insects and rodents.
42. Ventilation shall be provided; hot air fumes shall be extracted by
appropriate means.
43. No chipped or damaged utensils shall be kept in areas where food is
stored, prepared and served.
44. Fly screens shall be provided for all windows capable of opening.
Sculleries
45. Floors shall be of impervious material, suitably graded and drained,
and all corners, edges and junctions with the walls shall be coved.
46. Walls shall be tiled or be covered with other impervious material to a
height of not less than 180 cm.
47. All kitchen and pantry furniture tops and shelving shall be of
stainless steel or other impervious material.
48. Sculleries shall be kept free from insects and rodents.
49. (a) At least one double-bowl sink with splash-back or a dishwashing
machine with piped hot and cold water shall be provided in each
scullery.
(b) Separate facilities for washing pots shall be provided.
Refrigeration
50. Adequate refrigeration or coldroom capacity shall be provided for
foodstuffs in or near the area where food is prepared and for drinks in or
near the bar.
Refuse
51. (a) Refuse shall be disposed of in a sanitary manner.
(b) All refuse bins shall be provided with tight-fitting lids.
(c) Where stored outside the building, a suitable plinth shall be
provided to ensure that refuse bins are above ground level.
(d) The refuse area shall be kept clean and tidy and free of insects
and rodents.
Uniforms
52. All hotel staff shall wear clean and neat uniforms.
53. Facilities for the pressing and drying of clothes by guests shall be
available unless valet services are provided.
Water
54. A supply of treated water shall be available at all times. Water for
drinking shall be chilled.
Reception of Guests
55. Every hotel shall have a reception area.
56. A competent person shall be available to receive guests during the
hours specified in the Second Schedule in respect of the class of hotel
concerned.
57. Means shall be available at or near the main entrance for summoning
the receptionist.
58. A porter or other member of the staff shall be available to assist
guests with the carrying of luggage during the hours specified in the
Second Schedule in respect of the class of hotel concerned.
Tarriff and Services
59. A legible up-to-date information notice or brochure on tariff and
services, including meal times, shall be provided for guests-
(a) at the reception desk or elsewhere within the reception area; and
(b) in all bedrooms.
Bar
60. A double bowl sink of stainless steel with splash-back or other
impervious material with hot and cold running water or glass-washing
machines shall be provided at or near the bar, together with provision for
storing glasses.
Public Cloakrooms
61. Separate public cloakrooms shall be provided for each sex.
62. The cloakrooms for men shall provide-
(a) a urinal of stainless steel or other impervious material;
(b) a toilet pan with a lid, seat and toilet paper dispenser in a cubicle
provided with a door which can be locked or bolted;
(c) a wash-hand basin with running hot and cold water and
splash-back;
(d) a mirror of at least 60 cm by 80 cm and a shelf;
(e) soap and a towel (on a rail) or other hand drying facilities;
(f) hooks for hanging garments; and
(g) adequate lighting.
63. The cloakroom for women shall provide-
(a) a toilet pan with a lid, seat and toilet paper dispenser in a cubicle
provided with a door which can be locked or bolted;
(b) a wash-hand basin with running hot and cold water and
splash-back;
(c) soap and a towel (on a rail) or other hand drying facilities;
(d) a mirror of at least 60 cm by 80 cm and a shelf or dressing table;
(e) a chair or a stool;
(f) hooks for hanging garments;
(g) a suitable form of sanitary disposal; and
(h) adequate lighting.
64. The location of every public cloakroom shall be clearly indicated.
Sanitation
65. Sewerage shall be water-borne in all sanitary facilities provided for
guests or for the public.
66. Waste water shall be disposed of-
(a) into a public sewer;
(b) into a soak-away which is not in close proximity to any water
supply; or
(c) in any other approved method.
Staff Quarters and Amenities
67. Ablution and toilet facilities shall be provided.
68. Sewerage shall be water-borne or be disposed of by some other
approved method.
69. All waste water shall be properly disposed of-
(a) into a public sewer;
(b) into a soak-away not in close proximity to any water supply; or
(c) in any other approved manner.
70. Any sleeping quarters controlled by the hotel shall be kept in a clean
and hygienic condition and shall be provided with-
(a) windows;
(b) floors of impervious material with all corners and junctions
coved;
(c) smooth plastered walls;
(d) approved ventilation and adequate space for each occupant;
(e) a bed for each occupant; and
(f) facilities for the storage and hanging of clothes.
71. Non-resident staff shall be provided with-
(a) ablution and toilet facilities;
(b) facilities for the storage and hanging of clothes and personal
effects; and
(c) canteen facilities, which shall be weather proof, well ventilated
and furnished with chairs or benches.
Sundry
72. There shall be room service from 0700 hours to 2000 hours or, in the
case of graded hotels, such hours as are prescribed in these Regulations.
SECOND SCHEDULE
(Paragraph 5)
PART I
FIVE-STAR HOTELS
Bedrooms
1. The minimum number of bedrooms shall be 50. A maximum of 10 per
cent of the bedrooms may be in the form of suites.
2. A mirror not less than 60 cm by 80 cm shall be provided.
3. There shall be effective sound-proofing.
4. There shall be piped music, a radio and, if the hotel is in a television
reception area, a television set.
5. There shall be wall-to-wall carpeting or an approved alternative.
6. A telephone connected to an exchange which caters for both internal
and external calls shall be provided.
7. There shall be air-conditioning and heating.
8. The treated water shall be chilled and be stored in a vacuum jug or
vacuum flask.
9. All beds for adults shall be provided with head-boards.
Bathrooms
10. There shall be private bathrooms which shall have a toilet, a bath, a
wash-hand basin, a shower and a shaver point.
Public Rooms
11. There shall be a cocktail bar in addition to another bar; there shall
also be a lounge.
12. There shall be two rooms for the holding of functions; one shall have
a minimum seating capacity of 250 and the other 75.
13. There shall be at least two restaurants.
14. There shall be separate doors (with touch-plates and kick-plates) for
in-going and out-going traffic to, and from, the kitchen and the doors
shall be screened from the view of guests in the restaurant.
15. Public rooms shall have air-conditioning and heating.
Sundry
16. There shall be 24-hour room service.
17. A person shall be available 24 hours a day to receive guests and
carry their baggage.
18. There shall be valet services from 0700 to 2000 hours and a one-day
laundry service.
19. There shall be-
(a) secretarial services;
(b) shops or boutiques;
(c) tourist information services;
(d) car hire;
(e) cinema shows;
(f) concerts;
(g) theatre shows;
(h) baby-sitting facilities;
(i) at least one hairdressing salon; and
(j) 24-hour parking facilities.
20. The reception area shall have a porters' desk and a baggage room.
21. For hotels constructed after the coming into force of these
Regulations, a lift shall be provided and, if there are three floors or
more, at least two lifts shall be provided, one for service only.
22. There shall be at least two telephone booths.
23. There shall be a telex service.
24. There shall be a swimming pool with-
(a) a lifeguard;
(b) change rooms, at least one for each sex; and
(c) toilets, at least one for each sex.
25. There shall be a guest register in which there shall be entered the full
names of each adult guest, his permanent address, his national
registration card number or passport number, his citizenship and his
next destination.
PART II
FOUR-STAR HOTELS
Bedrooms
1. The minimum number of bedrooms shall be 50. A maximum of 10 per
cent of the bedrooms may be in the form of suites.
2. A mirror not less than 60 cm by 80 cm shall be provided.
3. There shall be effective sound-proofing.
4. Piped music, a radio and, if the hotel is in a television reception area, a
television set shall be provided.
5. There shall be wall-to-wall carpeting or an approved alternative.
6. A telephone connected to an exchange which caters for both internal
and external calls shall be provided.
7. Where it is climatically necessary, there shall be air-conditioning and
heating.
8. The treated water shall be chilled and be in vacuum jugs or vacuum
flasks.
9. All beds for adults shall be provided with head-boards.
Bathrooms
10. There shall be private bathrooms which shall have a toilet, a bath, a
wash-hand basin, a shower and a shaver point.
Public Rooms
11. There shall be a cocktail bar in addition to another bar; there shall
also be a lounge.
12. There shall be at least two rooms for the holding of functions.
13. There shall be at least two restaurants.
14. There shall be separate doors (with touch-plates and kick-plates) for
in-going and out-going traffic to, and from, the kitchen and the doors
shall be screened from the view of guests in the restaurants.
15. Public rooms shall have air-conditioning where it is climatically
necessary.
Sundry
16. There shall be room service from 0600 to 0200 hours.
17. A person shall be available 24 hours a day to receive guests and
carry their baggage.
18. There shall be valet services from 0700 hours to 1900 hours and a
one-day laundry service.
19. There shall be-
(a) secretarial services;
(b) shops or boutiques;
(c) tourist information services;
(d) car-hire;
(e) cinema shows;
(f) concerts;
(g) theatre shows;
(h) baby-sitting facilities;
(i) at least one hairdressing salon; and
(j) adequate parking facilities.
20. The reception area shall have a porters' desk and a baggage room.
21. For hotels constructed after the coming into force of these
Regulations, a lift shall be provided and, if there are three floors or
more, at least two lifts shall be provided, one for service only.
22. There shall be at least two telephone booths.
23. There shall be a swimming pool with-
(a) a lifeguard;
(b) change rooms, at least one for each sex; and
(c) toilets, at least one for each sex.
24. There shall be a guest register in which there shall be entered the full
names of each adult guest, his permanent address, his national
registration card number or passport number, his citizenship and his
next destination.
PART III
THREE-STAR HOTELS
Bedrooms
1. The minimum number of bedrooms shall be 20.
2. A mirror not less than 60 cm by 80 cm shall be provided.
3. A telephone connected to an exchange which caters for both internal
and external calls shall be provided.
4. Where it is climatically necessary, there shall be a heater and a fan.
5. The treated water shall be chilled and be in vacuum jugs or vacuum
flasks.
6. All beds for adults shall be provided with head-boards.
Bathrooms
7. There shall be private bathrooms in at least 75 per cent of the
bedrooms. The private bathrooms shall have a toilet, a bath or shower
(but not less than 50 per cent of the bedrooms shall have a bath) a
wash-hand basin and a shaver point.
Public Rooms
8. There shall be a cocktail bar in addition to another bar; there shall also
be a lounge.
9. There shall be at least two restaurants.
10. There shall be separate doors (with touch-plates and kick-plates) for
in-going and out-going traffic to, and from, the kitchen and the doors
shall be screened from the view of guests in the restaurants.
11. Public rooms shall have heating or fans where it is climatically
necessary.
Sundry
12. There shall be room service from 0600 to 2400 hours.
13. A person shall be available from 0600 to 2400 hours to receive
guests and carry their baggage. At other hours a person shall be made
available on request.
14. There shall be valet services from 0700 to 1600 hours and a laundry
service.
15. There shall be-
(a) a shop or boutique;
(b) tourist information services;
(c) car hire;
(d) cinema shows;
(e) concerts;
(f) theatre shows;
(g) baby-sitting facilities; and
(h) parking.
16. The reception area shall have a porters desk and a baggage room.
17. At least one lift shall be provided if there are three floors or more.
18. A telephone shall be provided for the hotel.
PART IV
TWO-STAR HOTELS
Bedrooms
1. The minimum number of bedrooms shall be 15.
2. There shall be a power point.
Bathrooms
3. There shall be private bathrooms in at least 50 per cent of the
bedrooms. The private bathrooms shall have a toilet, a bath or shower
(but not less than 50 per cent of the bedrooms shall have a bath) and a
wash-hand basin.
Public Rooms
4. There shall be at least one restaurant.
5. There shall be separate doors (with touch-plates and kick-plates) for
in-going and out-going traffic to, and from, the kitchen and the doors
shall be screened from the view of the guests in the restaurant.
6. Public rooms shall have heating and fans where it is climatically
necessary.
Sundry
7. There shall be room service from 0600 to 2230 hours.
8. Heating or a fan shall be available on request.
9. A person shall be available from 0700 to 2030 hours to receive guests
and carry their baggage. At other hours a person shall be made available
on request.
10. There shall be valet services from 0700 to 1600 hours and a laundry
service.
11. There shall be-
(a) a shop or boutique;
(b) tourist information services; and
(c) parking.
12. For the purposes of communication, there shall be at least electric
bells.
PART V
ONE-STAR HOTELS
Bedrooms
1. The minimum number of bedrooms shall be 10.
Bathrooms
2. There shall be private bathrooms in at least 20 per cent of the
bedrooms. The private bathrooms shall have a toilet, a bath or shower,
and a wash-hand basin.
Public Rooms
3. There shall be at least one restaurant.
Sundry
4. There shall be room service from 0600 to 2100 hours.
5. Heating and fans shall be made available on request.
6. A person shall be available from 0700 to 2030 hours to receive guests.
At other hours a person shall be made available on request:
Provided that porterage need only be available on request.
7. There shall be valet or laundry services.
8. There shall be-
(a) a shop stocking toiletry; and
(b) tourist information services.
9. For the purpose of communication, there shall be at least electric
bells.
2. Guest registers printed or obtained from a source other than the Guest Registers
Hotels Board, by hoteliers shall- to be documents
(a) be accountable documents of the Hotels Board; and of Hotels Board
1. (1) These Regulations may be cited as the Hotels (Licence Fees) Title
Regulations.
2. The fees to be paid for a licence issued by the Board under the Act Licence fees
shall be as set on in the schedule hereto.
SCHEDULE
TABLE 1-HOTEL LICENCE FEES
Fee units
1. Five Star Hotel 4444
2. Four Star Hotel 3889
3. Three Star Hotel 3333
4. Two Star Hotel 2778
5. One Star Hotel 2222
6. Ungraded Hotel 1389
ARRANGEMENT OF SECTIONS
PART I
PRELIMINARY
Section
1. Short title
2. Interpretation
PART II
ZAMBIA NATIONAL BROADCASTING
CORPORATION
3. Establishment of Corporation
4. Constitution of Board of Directors
4A. Appointments committee
5. Tenure of office and vacancy
6. Director to declare connection
7. Functions of Corporation
8. Powers of Corporation
9. Committees of Board
10. Proceedings of Board
11. Transaction of business of an urgent nature
12. Validity of Board's decisions
13. Contracts and instruments
14. Seal of Board
15. Disclosure of interest
16. Immunity of members
17. Appointment of Director-General and other staff
PART III
FINANCIAL PROVISIONS
PART IV
TELEVISION LICENCES AND INSPECTORS
SCHEDULE
CHAPTER 154
PART I
PRELIMINARY
1. (1) This Act may be cited as the Zambia National Broadcasting Short title
Corporation Act.
(2) This Act shall come into operation on such date as the Minister may,
by statutory instrument, appoint.
PART II
(2) The Board shall consist of nine part-time directors appointed by the
Minister on the recommendation of the appointments committee,
subject to ratification by the National Assembly.
(h) has been convicted of an offence under any other written law and
sentenced to a term of imprisonment of not less than six months, without
the option of a fine.
(6) The directors shall be paid such allowances as the Board may, with
the approval of the Minister, determine.
(7) Except as otherweise provided in this Act, the Board shall not be
subject to the direction of any other person or authority.
4A. (1) The Minister shall, for the purposes of section four constitute an
ad hoc appointments committee consisting of the following: Appointments
committee
(a) one member nominated by the Law Association of Zambia;
5. (1) Subject to the other provisions of this Act, a director shall hold Tenure of office
office for a period of three years from the date of appointment and may and vacancy
be re-appointed for one further term of three years.
(2) On the expiration of the period for which a director is appointed, the
Director shall continue to hold office until the directors successor is
appointed but in no case shall such further period exceed three months.
6. Within seven days of the date of his appointment as Chairperson or Director to declare
director as the case may be, the Chairperson or director shall submit to connection
the Minister a statement in writing of any directorship, office, post,
shareholding or financial interest, direct or indirect, held or acquired by
him or his spouse in a company or firm which carries on a
radiocommunication service or operates a diffusion service or deals in
receivers or manufactures, assembles, imports or sells apparatus or
equipment for use in radiocommunication or diffusion services.
8. The Corporation shall have power, subject to the provisions of this Powers of
Act, to do all or any of the matters and things specified in the Schedule. Corporation
9. (1) The Board may, for the purpose of performing the Corporation's Committees of
functions under this Act, establish committees and may delegate to any Board
such committee such of its functions as it thinks fit.
10. (1) Subject to the provisions of this section, the Board may regulate Proceedings of
its own procedure. Board
(2) The Board shall hold its first meeting on such date and at such place
and time as the Minister may determine; and thereafter the Board shall
meet for the transaction of business at such places and at such times as
the Board may determine.
(3) The Chairperson of the Board may at any time and shall, at the
request of three directors, convene a special meeting of the Board.
(4) A notice convening a special meeting of the Board shall state the
purposes for which the meeting is to be convened.
11. If it is not practicable to hold a meeting of the Board for the Transaction of
transaction of business of an urgent nature, the Chairperson shall, after business of an
urgent nature
consulting the Minister and such other directors as is practicable in the
circumstances, deal with the business himself and not later than seven
days thereafter consult the Board for ratification.
12. No decision or act of the Board or act done under the authority of Validity of Board's
the Board shall be invalid by reason only of the fact that there is a decisions
vacancy in the membership of the Board or that a disqualified person
acted as a director, at the time the decision was taken or the act was done
or authorised.
13. Any agreement, contract or instrument may be entered into or Contracts and
executed on behalf of the Corporation by any person or persons instruments
generally or specially authorised by the Board for that purpose.
14. (1) The seal of the Board shall be such device as may be determined Seal of Board
by the Board and shall be kept by the Director-General.
(2) The Board may use a wafer or rubber stamp in lieu of the seal.
15. (1) If any person is present at a meeting of the Board at which any Disclosure of
matter in which such person or his spouse is directly or indirectly interest
interested in a private capacity is the subject of consideration he shall, as
soon as practicable after the commencement of the meeting, disclose
such interest and shall not, unless the Board otherwise directs, take part
in any consideration or discussion of, or vote on, any question touching
such matter.
(3) A person who fails to disclose interest in terms of subsection (1) and
participates in the consideration or discussion of a matter in which the
person or that person's spouse has interest commits an offence and shall
be liable, upon conviction, to a fine not exceeding thirty thousand
penalty units or to imprisonment for a term not exceeding two years, or
to both.
16. No action or other proceedings shall lie or be instituted against any Immunity of
Board member for or in respect of any act or thing done or omitted to be members
done in good faith in the exercise or purported exercise of his functions
under this Act.
17. (1) For the better exercise of the functions of the Corporation Appointment of
contained in section seven, the Board shall- Director-General
and other staff
(a) subject to the provisions of paragraph (b), and on such terms and
conditions as it may determine, appoint a Director-General of the
Corporation who, subject to the control of the Board, shall be
responsible for the management of the business of the Corporation; and
(b) not appoint or terminate the services of the Director General
without prior consultation with the Minister.
(2) The Board may appoint, on such terms and conditions as it may
determine, such other staff as it considers necessary for the performance
of its functions under this Act.
PART III
FINANCIAL PROVISIONS
19. (1) The Corporation may establish a general reserve account to Establishment and
which may be appropriated from any surplus of revenue over operation of
general reserve
expenditure such sums as the Board may approve. account
20. (1) The Corporation shall charge to its revenue account all charges Charges to revenue
which in the normal conduct of a business are regarded as proper to be account of
Corporation and
made to a revenue account and in so doing shall make adequate annual investment of
provision, whether by sinking fund or other proper means, for- monies in sinking
funds
21. The funds of the Corporation shall consist of such moneys as may- Funds of
Corporation
(a) be payable to the Corporation in terms of this Act;
(b) be appropriated by Parliament for the purposes of the
Corporation;
(c) be paid to the Corporation by way of grants or donations; and
(d) vest in or accrue to the Corporation.
22. The Corporation shall cause to be kept proper books of account and Accounts
other records relating to its accounts.
23. (1) For the purpose of auditing its accounts, the Board shall appoint Appointment of
Auditors from amongst persons who, or organisations which, are auditors
registered as public accountants to examine the accounts of the
Corporation not less than once in each financial year.
(2) The Corporation shall produce and lay before the auditors all books
and accounts of the Corporation, with all vouchers in support thereof
and all books, papers and writings in its possession or control relating
thereto.
(3) The auditors shall be entitled to require from all directors and all
employees of the Corporation such information and explanations as may
be necessary for the performance of their duties as auditors.
24. (1) As soon as practicable, but not later than six months after such Annual report
financial year, the Corporation shall submit to the Minister a report
concerning its activities during such financial year.
(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
25. (1) Notwithstanding the provisions of the Radio Communications Television licence
Act and subject to the provisions of this Act, a person shall not have in Cap. 169
person's possession a televiosn receiver otherwise than in accordance
with the terms and conditions of a licence issued by the corporation
under this Act:
(a) who is a bona fide tourist residing outside Zambia and whose
television receiver is temporarily in Zambia; or
(6) The licence fees referred to under this section, shall be paid into the
general fund of the Corporation for the use of the Corporation.
26. (1) The Corporation shall establish an inspectorate unit and may Inspector
appoint such number of inspectors as are necessary to enforce the
provisions of this Act with respect to section twenty-five.
(2) Every inspector appointed under this section shall be issued with a
certificate of appointment which shall be prima facie eveidence of the
inspector's appointment as such.
(3) An inspector carrying out any function under this Act shall on
demand by a person affected by the exercise of the inspector's power
under this Act, produce for inspection the certificate referred to in
subsection (2).
27. (1) To ensure that the provisions of this Act are being complied with, Power of
an inspector shall have power, on production of the certificate of inspectors
appointment issued under section twenty-six to demand the production
of, and to inspect or make copies of, a licence issued under section
twenty-five.
(2) Any person who commits an offence under subsection (1) shall be
liable, on conviction, to a fine not exceeding one thousand five hundred
penalty units.
29. No person shall, after the commencement of this Act, assume for the Restriction on use
purposes of business or be registered under the Companies Act, under- of name of
corporation
Cap. 388
(a) the name "Zambia National Broadcasting Corporation" or
SCHEDULE
(Section 8)
POWERS OF CORPORATION
"Band III" means a very high frequency (VHF) television band from
174 MHZ to 238 MHZ;
"cable television relay service" means the station is used for the
transmission of television and related audio signals, signals of standard
and FM broadcasting stations, signals of instructional television, fixed
stations and cable casting from the point of reception to a terminal point
from which the signals are distributed to the public by cable system;
(2) The Minister may issue a radio or television broadcasting licence to-
(a) an individual;
(3) The fees for independent television stations shall be as set out in the
First Schedule.
(4) An applicant shall fill in a Fee Processing Form set out in the Second
Schedule.
(a) comply with the provisions of the Radio Communications Act; Cap. 169
(2) The Minister shall issue a licence in the form set out in the Third
Schedule on completion of the construction of the broadcasting station.
(3) The licence shall be valid for a period of seven years or such shorter
period as the Minister may determine in any particular case or class of
cases.
5. The Minister shall declare in the Gazette and the national media- Declaration
(a) any broadcasting and frequency available within a period of
twelve months, for use in a particular area; and
(b) the type of station proposed and the assigned power levels.
(6) The licence or the right to use the frequency is not transferable.
(8) The construction period shall not exceed one and a half years.
(9) The Minister shall, at regular intervals, publish in the Gazette and
the national media, a list of applications accepted.
8. (1) The following radio transmission shall be available to media not Transmissions
controlled by the Government:
9. (1) A person who applies for a broadcasting station licence shall: Notice in local
media
(b) the names of the officers and directors holding more than 10 per
cent or more of the shares of the company;
1. Applicant's name
2. Mailing address
3. Town
4. State/Country
(If foreign Address)
5. Broadcasting Station
6. Call Sign
7. Type of Fee(s)
2.3 Are there any differences the facilities describes in item 2.1 and those in item 2.27
Yes No
2.4 Attach an annexture in compliance with any special operations, terms and obligations described in the
construction permit
Annexture No.
If the antenna utilises tilt, null fill, reduced spacing (less than one wavelength)
between bays or the antenna is directional or specialised, an Annexture must be attached.
Also attach radiating pattern.
Annexture No.
Annexture No.
CERTIFICATION
I certify that the foregoing statement of technical information is true to the best of my knowledge and belief.
Name ................................................................................. Signature .................................................................................
Address ....................................................................................................................................... Date ...............................
1. Name/s of
applicant/s .................................................................................................................................................
1.2 Mailing address of
applicant .......................................................................................................................................
1.3 Telephone No ......................................... Telex ...................................
Facsimile ......................................................
1.4 Is fee submitted with this form?
Yes No
Commercial Public
Other (Specify)...............................................................................................................................................................
Other
........................................................................................................................................
........................................................................................................................................
........................................................................................................................................
........................................................................................................................................
2.5 Name, address and nationality of each person who owns stock/share in the corporation. Specify the number
and percentage of shares owned by each person.
........................................................................................................................................
........................................................................................................................................
........................................................................................................................................
2.6 Total authorised shares of corporate stock ..................................................................................................................
2.7 Are there any documents, instruments, contracts or understanding (written or oral) not already identified in this
application, relating to current or future ownership interests in the applicant or rights to profits or income from
the proposed operation of the broadcasting station?
Yes No
If yes, attach to this application any such documents as Annexture No. 2. All oral understandings must be reduced
to writing and included as a part of Annexture No. 2.
2.8 Are there any documents, instruments, contracts or understandings (written or oral), not already identified in this
application, relating to programming or technical operation of the proposed stationor any other aspect of the
proposed station(s) operation?
Yes No
If yes, attach to this application any such document, as Annexture No. 3. All oral understandings must be reduced
to writing and included as a part of Annexture No. 3.
2.9 Does the applicant or any part to this application or any member of the immediate family of any party to this
application have interest as an owner, director or officer in any broadcasting or other media in Zambia?
Yes No
2.10 Has an adverse finding been made or an adverse final action been taken by any court
or administrative body as to the applicant or any party identified in response to No. 2.5, and 2.9 above?
Yes No
If the answer is yes, attach as Annexture No. 4 a full disclosure of the person(s) and matters involved, including an
identification of the court or administrative body and the proceeding (by dates and file numbers), a statement of
the facts upon which the proceeding is or was based or the nature of the offence alleged or committed, and a
description of the current status or disposition of the matter.
Yes No
SECTION IV-INFRASTRUCTURE-ENGINEERING
If yes, identify owner and describe location of facilities to be used. Also describe manner in which facilities will be
used and provide proof of contract with owner of facilities as Annexture No. 9.
4.8 Antenna Characteristics:
(a) Type of Antenna
(b) Height and Gain
(c) Other Particulars
4.9 Provide proof as Annexture No. 10 that the proposed site is available for the use intended by this application.
CERTIFICATION
I certify that the statements in this application are true and correct to the best of my knowledge and belief.
Name of Applicant Signature of C
....................................................... ................................
Date .......................................................................... Title ........................................
FIFTH SCHEDULE
(Regulation 6 (2))
ending ..............................................................................................................................
The licensee shall use and operate the said apparatus in accordance with the following
terms:
1. Frequency
2. Transmitter output power
3. Effective radiated power
4. Antenna height above ground (metres)
5. Hours of operation
6. Station Location (Town)
7. Location of antenna and supporting structure:
North Latitude degree º ' '
West Longitude degree º ' '
8. Transmitter location
9. Type of transmitter(s)
10. Aviation obstruction markings
11. Additional/Special conditions
CERTIFICATION
I certify that the statements contained in this application are true to the
best of my knowledge and belief.
Licensee fee units..............annually Signature
................................................
Date
Signed.....................................................................................
Minister
Date
CHAPTER 155
ARRANGEMENT OF SECTIONS
PART I
PRELIMINARY
Section
1. Short title
2. Interpretation
PART II
ZAMBIA NATIONAL TOURIST BOARD
3. Establishment of Board
4. Composition of Board
5. Tenure of office and vacancy
6. Procedure and meetings
7. Remuneration and allowances
8. Functions and powers
PART III
OFFICERS
9. Managing Director
10. Deputy Managing Director
11. Secretary and Tourist Managers
12. Other staff
12A. Terms and Conditions of Service
PART IV
LICENSING AND AUTHORISATION
PART V
MISCELLANEOUS
23. Incentives
24. Obligations of holder of licence or authorisation
24A Revocation of Licence or Authorisation
24B Offences and Penalties
25. Funds of Board
26. Audit of accounts
27. Annual report to National Assembly
28. Regulations
CHAPTER 155
PRELIMINARY
"hotel" shall have the meaning ascribed thereto in the Hotels Act; Cap. 153
PART II
4. (1) The Board shall consist of the Chairman and not less than ten Composition of
other members, who shall be drawn from the public and private sectors, Board
and who shall have had proven experience, and shown capacity, in
dealing with matters relating to the development and promotion of
tourism, all of whom shall be appointed by the Minister.
5. (1) Subject to the provisions of this section, members, other than ex Tenure of office
officio members shall hold office for a period of three years: and vacancy
Provided that the first nine members appointed shall vacate office after
the expiration of one year, two years, or three years as may be specified
in their respective letters of appointment.
(f) upon the expiration of not less than one month's notice given in
writing by the member to the Chairman of the member's intention to
resign from the Board; or
(g) upon the expiration of not less than one month's notice given in
writing to the member by the Board retiring the member from the Board.
(As amended by Act 22 of 1985)
6. (1) Subject to the provisions of this section, the Board shall Procedure and
determine its own procedure. meetings
(2) The Board shall meet from time to time for the transaction of
business at such place and time as it may decide, but not less than once
in every three months.
(4) At any meeting of the Board, the Chairman shall have a deliberative
vote, and, in the event of an equality of votes, a casting vote.
(5) The Board may act notwithstanding any vacancy in its membership.
8. (1) It shall be the general duty of the Board to promote such Functions and
measures as may be necessary to achieve the maximum exploitation of powers
Zambia's tourism potential by ensuring the provision of adequate
accommodation, transport facilities and tourist services throughout
Zambia.
(a) carry out studies and surveys, designed to identify areas which
may be declared as tourism priority areas, and prepare regional or
national plans for the development and promotion of tourism in such
areas;
(b) assist in carrying out any regional or national plan for the
development and promotion of tourism;
(e) carry out surveys and collect and compile regular statistics of
tourists; and
(f) do such other things as are necessary for the development and
promotion of tourism.
PART III
OFFICERS
9. (1) Subject to the approval of the Minister, the Board shall appoint Managing
the Managing Director who shall be its chief executive officer. Director
(2) Subject to the provisions of this Act, and to the general and special
directions of the Board, the Managing Director may delegate any of his
powers and functions under this Act to the Deputy Managing Director or
to the Secretary or to any tourist manager.
(As amended by Act 22 of 1985)
10. Subject to the approval of the Minister, the Board shall appoint the Deputy
Deputy Managing Director who shall exercise such powers and, Managing
functions as may be delegated to him by the Managing Director. Director
11. (I) The Board shall appoint a Secretary to the Board who shall be Secretary and
responsible for the administration of the day-to-day affairs of the Board tourist
under the general supervision of the Managing Director. managers
(2) The Board shall appoint tourist managers who shall exercise such
powers and functions as may be delegated to them by the Managing
Director.
(As amended by Act 22 of 1985)
12. Subject to the approval of the Board, the Managing Director may, Other staff
at such remuneration and on such terms and conditions as he deems fit,
employ other staff for the conduct of the business of the Board.
12A. The remuneration and terms and conditions of the Managing Terms and
Director, Deputy Managing Director, Secretary, tourist manager and conditions of
other staff shall be determined by the Board, subject to the approval of officers
the Minister.
(As amended by Act 22 of 1985)
PART IV
13. (1) No person shall operate as a tour operator or travel agent, and no Issue of licence
person shall operate any tourist enterprise in Zambia unless he has or authorisation
previously applied to and obtained from the Board a licence or an
authorisation in that behalf.
(2) Any person who contravenes the provisions of subsection (1) shall
be guilty of an offence and shall, upon conviction, be liable to a fine not
exceeding two thousand five hundred penalty units or to imprisonment
for a term not exceeding twelve months, or to both; and, in addition, the
court shall have power to make such other order as it shall deem
necessary to give effect to the provisions of this Act.
(As amended by Act No. 13 of 1994)
15. (1) If, in the opinion of the Board, additional particulars are Power to call
required of any matter contained in an application for a licence or an for additional
authorisation, it may call upon the applicant to furnish such particulars particulars on
and may, in the event of failure to supply such particulars, reject such application
application.
(2) In the performance of its functions under subsection (1), the Board
may seek the assistance of any other authority in the supply of additional
particulars on any application for a licence or an authorisation as it may
deem fit.
17. (1) Within thirty days from the date of publication of a notice under Objection to
section sixteen- issue of licence
or authorisation
(c) any person who has any other valid reason for objecting to the
issue of such licence or authorisation; may object to the issue of such
licence or authorisation by submitting to the Board and to the applicant a
notice in writing, stating the grounds for his objection; or may, by notice
in writing, provide to the Board such information as he thinks will assist
the Board in the performance of its functions.
(2) The Board may, for the purpose of considering an objection made
under this section, require the objector to answer such questions or to
furnish such particulars as the Board may deem necessary, and may rely
for its decision on any other evidence not submitted by the applicant or
the objector.
(As amended by Act 22 of 1985)
18. (1) If the Board is satisfied with respect to any application for a Issue of licence
licence or an authorisation that- or authorisation
and power to
reject
application
19. (1) The applicant or the objector may, if aggrieved by a decision of Appeal to
the Board made under section eighteen, appeal in writing to the Minister Minister
to review the decision of the Board and may tender additional evidence
or further and better particulars to be taken into consideration.
20. (1) Subject to the provisions of this Act, an application for a licence Secrecy
or an authorisation and all matters connected therewith shall be secret
and shall not be communicated to any person otherwise than in the
course of business.
(2) Any person who contravenes the provisions of subsection (1) shall
be guilty of an offence and shall be liable, upon conviction, to a fine not
exceeding seven thousand five hundred penalty units or to
imprisonment for a term not exceeding six months or to both.
(As amended by Act No. 13 of 1994)
(2) The Board may, in its discretion, grant or refuse the transfer or
variation of a licence or an authorisation and may, where a transfer or
variation is granted, direct that the licence or authorisation be amended
in such manner as the Board may deem necessary.
22. Every person who, at the commencement of this Act, is carrying on Licensing of
any tourist enterprise other than the management of an hotel, shall, existing tourist
within six months after such commencement, apply to the Board for a enterprises
licence.
PART V
MISCELLANEOUS
23. The holder of a licence or an authorisation shall be eligible for such Incentives
incentives as the Minister may, from time to time, by statutory order,
prescribe.
24. (1) Every holder of a licence or an authorisation who enjoys any Obligations of
incentives that may be provided under this Act may be required by the holder of
Board to comply with such conditions as the Minister may, by statutory licence or
order, prescribe; and, without derogation from the generality of the authorisation
foregoing, such conditions may require a holder of a licence or an
authorisation to-
(a) submit to the Board, at the end of his financial year, an audited
financial statement relating to his operation;
(b) submit to the Board, at the end of his financial year, production
and cost accounts of his operation;
(c) submit to the Board, at the end of his financial year, an annual
report outlining developments within the tourist enterprise to which his
licence relates;
(e) produce and allow the inspection on his premises of records and
statements relating to the tourist enterprise;
(f) allow the inspection of plant and offices relating to the tourist
enterprise;
(2) The Board may withdraw any incentives granted under this Act for
failure to comply with any provisions of any order made by the Minister
under this section:
24A. (1) Where, in respect of a tourist enterprise, the Board is satisfied Revocation of
that the tourist enterprise, its manager or servant has- licence or
authorisation
(d) failed to pay the appropriate fee for the licence or authorisation;
or
(3) The Board shall not revoke any licence or authorisation under
subsection (1) unless it is satisfied that-
25. (1) The funds of the Board shall consist of- Funds of Board
(b) such other moneys or assets as may accrue to the Board whether
in the course of its business or otherwise.
(2) The Board shall have power to raise, upon such terms and
conditions as it may determine, funds by levying fees for services
rendered by the Board or by making such other financial arrangements
in lieu thereof as it may deem expedient, by accepting grants or
donations and by raising loans.
(3) The funds of the Board shall be applied in meeting its expenses in
carrying out its functions and exercising its powers under this Act.
26. (1) The Board shall appoint auditors to audit the accounts of the Audit of
Board annually. accounts
(2) The expenses of and incidental to any audit shall be paid by the
Board out of its funds.
27. (1) On or before the 30th April in every year, the Board shall Annual report
prepare and submit to the Minister an annual report on the exercise of its to National
functions during that year. Assembly
(2) The annual report shall include a balance sheet and a complete
statement of revenue and expenditure duly audited and the report of the
auditors and such other information as the Minister may, by notice in
writing to the Board, require.
(3) The Minister shall, not later than seven days after the first sitting of
the National Assembly next after the receipt of the annual report, lay the
annual report before the National Assembly.
28. (1) The Minister may, by statutory instrument, make regulations Regulations
prescribing anything which may be prescribed under this Act and in
respect of which no other prescribing authority is specified; and may, in
like manner, make regulations for the better carrying out of the
provisions of this Act.
(c) the terms and conditions under which tourism may be effectively
promoted, and under which any person may invest in any tourist
enterprise in Zambia;
SUBSIDIARY LEGISLATION
2. (1) The fees set out in the First Schedule shall apply. Fees
(2) The fees for the items 4, 5 and 6 of the Schedule may in the
applicant's discretion be paid at the selling rate kwacha equivalent as at
the date of lodging the application.
(As amended by S.I. No. 45 of 1994)
(3) Every application for the renewal of a licence issued by the Board
shall be in Form 1 set out in the Second Schedule, and shall be made at
least 90 days prior to the expiration of the then current licence.
4. Every licence or authorisation issued under the Act shall be subject Conditions
to the following conditions, namely that the holder thereof shall-
(a) refrain from carrying on any business or activity which is
unauthorised or which is contrary or prejudicial to the development of
tourism in Zambia;
(b) maintain such standards in the provision of services and
facilities as ensure the safety and satisfaction of tourists and other
customers;
(c) provide to the Minister such information and evidence as he may
from time to time require in writing relating to foreign exchange
earnings and any other revenues or expenditure of the licensed or
authorised tourist enterprise;
(d) whenever required by the Minister in writing, do all such things
as are set out in section 24 (1) of the Act.
FIRST SCHEDULE
(Paragraph 2)
PRESCRIBED FEES
12. Directors
Applicant's signature
Designation
Date
Note: Fees for the renewal of a Tourist Enterprise Licence
(Excluding an hotel
Licence) .. .. .. .. .. .. . . 375
fee units
(As amended by Act No. 13 of 1994)
*Approved on
*Not approved
ARRANGEMENT OF SECTIONS
Section
1. Short title
2. Interpretation
3. Establishment of Zambia Professional Boxing Control Board
and Zambia Professional Wrestling Control Board
4. Objects of Board
5. Constitution of Board
6. Tenure of office, vacancies and remuneration of members of
Board
7. Meetings and quorum
8. Application for registration
9. Powers of Board
10. Regulations
11. Funds of Board
12. Annual report and financial statement
13. Tournaments to be authorised
14. Boxers, wrestlers, officials, managers and promoters to be
registered
15. Boxing or wrestling contests or exhibitions may be stopped or
forbidden
16. Offences and penalties
1. This Act may be cited as the Professional Boxing and Wrestling Short title
Control Act.
"Board" means-
4. The objects of the Board are to regulate, control and exercise general Objects of
supervision over professional boxing or wrestling at tournaments in Board
Zambia with a view to the elimination of undesirable practices and the
protection of the interests of boxers, wrestlers, promoters, officials and
the public generally.
5. The Board shall consist of five members appointed by the Minister Constitution of
of whom one shall be designated by the Minister as chairman. Board
6. (1) The chairman of the Board shall hold office for such period, and Tenure of
any other member of the Board for such period, not exceeding three office,
years, as the Minister may determine at the time of the appointments: vacancies and
remuneration of
members of
Board
Provided that the Minister may at any time remove from his office any
member of the Board-
(2) Whenever for any reason the office of any member of the Board
becomes vacant before the expiration of the period for which he has
been appointed, another person shall be appointed to fill the vacancy
until the expiration of the period for which the vacating member was
appointed.
7. (1) The first meeting of the Board shall be held at such time and Meetings and
place as the chairman may determine, and all subsequent meetings shall, quorum
subject to the provisions of subsection (2), be held at such times and
places as the Board may fix.
(2) The chairman of the Board may at any time, and shall at the request
of the majority of members of the Board, call a special meeting of the
Board to be held at such time and place as he may direct.
(3) In the absence of the chairman from any meeting of the Board, the
members present at the meeting may elect one of their members to
preside thereat.
(4) The quorum of a meeting of the Board shall be three of the members
thereof.
9. (1) For the purpose of attaining its objects, the Board shall have Powers of
power- Board
Provided that-
A. the Board shall not register any person as a boxer, wrestler,
official, manager or promoter unless the Board is satisfied that the
person concerned is seventeen years of age or more;
B. the Board shall not register any person as a boxer or wrestler
who is not of the male sex;
(e) to cancel on any of the grounds set out in paragraph (d) any
certificate of registration issued under paragraph (c);
(3) Any applicant for registration whose application is refused and any
person whose certificate of registration is cancelled may, within thirty
days of his application being refused or of his certificate being
cancelled, as the case may be, appeal to the Minister against such refusal
or cancellation.
(4) Where an appeal is made to the Minister under subsection (3), the
Minister may give such directions to the Board as he may consider
necessary to enable him to determine the appeal, and the Board shall
comply with such directions.
(5) The Minister shall, on an appeal being made to him under this
section, confirm or reverse the decision of the Board.
10. (1) The Minister may, by statutory instrument, make regulations Regulations
with regard to-
(a) the manner and form in which any application under this Act
shall be made;
(d) the fees which shall be payable to the Board in respect of the
grant or issue of any licence, certificate or other similar document, under
this Act;
(h) the manner in which participants shall be attired and, in the case
of boxers, the nature, weight and quality of gloves and bandages to be
used;
(i) the testing of the physical and mental fitness, the medical
examination and the weighing of participants prior to any tournament;
(k) the submission to the Board within a prescribed period after any
tournament by the promoter thereof of a statement showing the
expenditure incurred in connection with, and the income derived from,
that tournament;
(2) Any regulations made under this section may prescribe penalties for
any contravention thereof or failure to comply therewith not exceeding a
fine of one thousand five hundred penalty units or imprisonment for a
period not exceeding six months.
(As amended by Act No. 13 of 1994)
11. (1) The funds of the Board shall consist of the fees received by it in Funds of Board
pursuance of any regulation made under section ten and any funds
derived from any other sources whatsoever.
(2) The Board shall cause full and correct account to be kept of all
amounts received and expended by it.
12. (1) The Board shall, as soon as possible after the 1st January in each Annual report
year, submit to the Minister a report on its activities during the year and financial
ended the 31st December last preceding. statement
(2) The Board shall, as soon as possible after the 1st July in each year,
submit to the Minister a copy of an audited statement of its income and
expenditure during the year ended the 30th June last preceding, and a
balance sheet showing its financial position on that date.
13. No person shall hold or assist in holding any tournament unless the Tournaments to
holding of the tournament has been authorised by a licence issued under be authorised
paragraph (f) of subsection (1) of section nine and unless the tournament
is held in accordance with any conditions imposed by the Board under
that paragraph.
15. (1) Whenever any magistrate is of the opinion that any boxing or Boxing or
wrestling contest or exhibition being held or about to be held should be wrestling
stopped or forbidden, because it might cause a breach of the peace, he contests or
shall convey or cause to be conveyed to the person holding or proposing exhibitions may
to hold such contest or exhibition or to the participants, a notice, be stopped or
whether verbal or in writing, stopping or forbidding such contest or forbidden
exhibition.
(2) Whenever any police officer of or above the rank of Assistant
Inspector is of the opinion that the continuance of any boxing or
wrestling contest or exhibition is likely to result in the life of any
participant or any person attending the contest or exhibition being
endangered, or in a breach of the peace, he shall order the participants or
any person holding or assisting in the holding of the contest or
exhibition to stop the contest or exhibition, and may order all persons
present thereat to depart.
(a) if he has reason to believe that any person who is about to enter
or who has entered any place in which any boxing or wrestling contest
or exhibition is being held or about to be held, is likely to cause a breach
of the peace, order him not to enter such place or, if he has entered, order
him to depart therefrom; or
(b) if any person who has entered any place in which any boxing or
wrestling contest or exhibition is being held or about to be held, does
any act which is likely to cause a breach of the peace, order him to
depart from such place.
(4) Any police officer on duty shall at all times have free access to any
place in which any boxing or wrestling contest or exhibition is being
held or about to be held.
(i) in the case of an offence referred to in paragraph (a), (b), (c), (d),
(f), (g) or (i), to a fine not exceeding nine thousand penalty units or to
imprisonment for a period not exceeding twelve months, or to both
SUBSIDIARY LEGISLATION
Regulation
1. Title
2. Interpretation
3. Application for registration as a boxer, official, manager or
promoter
4. Contracts between boxers and managers, etc., to be approved
by Board
5. Applications for licences to hold tournaments
6. Police to be notified of intention to hold a tournament
7. Tickets, etc., not to be sold prior to the issue of a
licence
8. Notice to be given to Board of any cancellation or
abandonment of a tournament
9. Power of Board to test ability of boxers
10. Betting at tournaments prohibited
11. Sale of intoxicating liquor at tournaments prohibited
12. Balance sheets to be submitted to Board
13. Balance sheets in relation to tournaments held for charity, etc.
14. Weighing-in and medical examination
15. Medical practitioner to be in attendance during contests
16. Equipment to be carried by a second when working during a
contest
17. Officials having a pecuniary interest in a contest not to officiate
at such contest
18. Referee to report to Board on any disqualification
19. Boxers who are disqualified to forfeit their remuneration
20. National Championships
21. Forfeiture of championship titles
22. Amount to be deposited with Board by challenger seeking
championship fight
23. Boxers' benevolent fund
24. Board to impose levy on entrance fees at tournaments
25. Rules
Regulation
26. Penalties
SCHEDULE-The Zambia Professional Boxing Rules
3. Any person who desires to be registered as a boxer, official, manager Application for
or promoter shall make application to the Board for registration in the registration as a
form prescribed by the Minister for this purpose. boxer, official,
manager or
promoter
(3) On receipt of any such application, the Board shall satisfy itself that
the particulars required are set out with sufficient clarity and may return
the application for amplification or amendment.
(4) On registering or re-registering any person as a boxer, official,
manager or promoter, the Board shall issue to such person a certificate
of registration in the form prescribed by the Minister for this purpose.
(5) All such certificates of registration shall be valid and remain in force
until the 31st December next following the date of issue.
(6) If any person who has been previously registered as a boxer, official,
manager or promoter under the provisions of this regulation desires to
apply for re-registration to the Board in the manner provided for in
sub-regulation (1), every such application for re-registration shall be
accompanied by the appropriate registration fee specified in
sub-regulation (2).
(As amended by Act No. 13 of 1994)
5. (1) Any person who desires to promote a tournament shall, at least Applications for
fourteen days before the date upon which such tournament is to be held, licences to hold
apply to the Board for a licence to hold such tournament in the form tournaments
prescribed by the Minister for this purpose and shall, at the time of such
application, submit to the Board the following:
(a) all agreements entered into between himself and the boxers who
will participate in such tournament;
(e) the full names of all officials who may be employed in such
tournament;
(g) a certificate of the physical and mental fitness of each boxer who
will participate in such tournament issued by a registered medical
practitioner;
(2) On receipt of any such application, the Board shall satisfy itself that
the particulars required are set out with sufficient clarity and may return
the application for amplification or amendment and may call upon the
applicant to produce such additional information relating to the holding
of such tournament as may be necessary to enable the Board to arrive at
a proper decision on the application.
(3) In the event of the Board deciding to grant a licence authorising the
holding of a tournament, the Board may charge a licence fee of-
6. Every person to whom the Board has issued a licence under the Police to be
provisions of the foregoing regulation shall, at least three days before notified of
the date upon which the tournament is to be held, notify the local police intention to
authority of his intention to hold such tournament. hold a
tournament
7. (1) No person who desires to promote a tournament shall sell or Tickets, etc.,
publish or cause to be sold or published any tickets, vouchers, posters or not to be sold
other advertising matter relating to such tournament unless and until he prior to the
has been issued with a licence under the provisions of regulation 5. issue of a
licence
9. (1) The Board may, if it is of the opinion that boxers engaged to Power of Board
participate in a tournament are unevenly matched or for any other reason to test ability of
which it may consider necessary, call upon the promotor of such boxers
tournament to make such arrangements as may be necessary to enable
the Board to test the ability of such boxers, which tests shall be carried
out not later than three days before the date of the tournament.
(2) In the event of any boxer failing to pass such test, any agreement
entered into by such boxer with the promoter of such tournament shall
forthwith be cancelled and such boxer shall have no claim against either
such promoter or the Board in respect of any purse money or other
remuneration payable to him under such agreement.
10. No person shall carry on the business of a book-maker at the venue Betting at
of any tournament nor shall any person place or cause to be placed any tournaments
bet or wager at such venue. prohibited
11. No person shall sell or supply or permit the sale or supply of any Sale of
alcoholic liquor at the venue of any tournament unless he shall first have intoxicating
obtained the approval of the Board. liquor at
tournaments
prohibited
12. Within fourteen days of the holding of a tournament, the promoter Balance sheets
thereof shall submit to the Board a properly audited and certified to be submitted
balance sheet and statement of account showing the expenditure to Board
incurred in connection with, and the income derived from, such
tournament, which balance sheet and statement of account shall be
supported by vouchers and such other particulars as the Board may
consider necessary.
13. In the case of a tournament in respect of which it has been Balance sheets
advertised that a percentage of the profits arising therefrom shall be in relation to
given to charity, or in which the boxers participating therein have boxed tournaments
on a share basis, the charities, or the boxers concerned, may, upon held for charity,
application in writing to the Board, inspect the balance sheet and etc.
statement of account relating to such tournament and the vouchers in
support thereof at any time within three months of the date upon which
such tournament was held.
(3) The promoter shall at his own expense arrange for all boxers
participating in a tournament to be medically examined by a registered
medical practitioner appointed either by the Board or the promoter, at
the same time as and at the place of weighing-in; such medical
examination shall consist of the following:
(a) a cardio vascular examination, as a result of which such medical
practitioner shall satisfy himself that the pulse of the boxer under
examination shows no irregularities of rhythm other than sinus
arrhythmia or occasional extra systoles, that the pulse rate at rest does
not exceed ninety beats per minute and that there is no cardiac
enlargement of the heart and no cardiac murmur;
15. The promoter of any tournament shall, at his own expense, ensure Medical
that a registered medical practitioner appointed either by the Board or practitioner to
the promoter is in attendance at or near the ringside throughout each be in attendance
contest for the purpose of rendering medical aid, if required, or for the during contests
carrying out of any examination of a boxer at the request of the referee.
16. The promoter of any tournament shall ensure that the following Equipment to
equipment is carried by a second when working in a corner during a be carried by a
contest: second when
(a) white petroleum jelly; working during
a contest
(b) sterile cotton wool of the best quality;
(c) small sealed packets of sterile gauze;
(d) surgical spirit;
(e) orange, cherry or dental stick swabs;
(f) solution of adrenalin of a strength one in one thousand or such
other haemostatic as shall have been approved by the Board as
scientifically efficient and without danger;
(g) blunt-edged surgical bandage scissors;
(h) an ice-bag;
(i) a one-inch wide "Elastoplast" roll; and
(j) an adequate supply of soft bandage:
Provided that a second when working in a corner shall not use iron
chloride solution, oxygen, monsol, alcohol, ammoniated linaments for
massage prior to a contest or a stimulant other than cold water which
may be sprinkled on the body or used as a mouth wash.
20. (1) All National Championships held in Zambia shall be decided National
under these Regulations. Championships
(2) The winner of any championship contest shall be the holder of such
championship title.
(As amended by No. 53 of 1965)
21. A boxer who is a championship title holder shall retain possession Forfeiture of
of his title until he is defeated in a championship contest: championship
titles
22. (1) In the case of a National Championship contest, the boxer who Amount to be
is the title holder shall have the right to demand that the approved deposited with
challenger shall deposit with the Board or its nominee any sum of Board by
money up to the maximum amount fixed for the title held by the title challenger
holder before he shall be required to accept such challenge and defend seeking
his title; the maximum amounts fixed for the purpose of this regulation championship
are as follows: fight
Title Amount
Fly . . .. .. .. 6
Bantam .. .. .. ..
8
Feather .. .. .. ..
10
Light .. .. .. ..
12
Welter .. .. .. ..
14
Middle .. .. .. ..
16
Light-heavy .. .. .. ..
18
Heavy .. .. .. ..
20
(2) In the event of such championship title holder having defended his
title to the satisfaction of the Board, the money, if any, deposited by the
challenger shall be paid to the championship title holder irrespective of
the result of the contest.
23. The Board shall create and administer a boxers' benevolent fund, Boxers'
on the executive of which both boxers and promoters shall be benevolent fund
represented and, for the purpose of creating and maintaining funds for
such boxers' benevolent fund, the Board may impose a levy not
exceeding two and one-half per centum of the amount payable to a boxer
for his services in a tournament.
24. For the purpose of deriving funds to maintain the function of the Board to
Board, the Board may impose a levy not exceeding two and one-half per impose levy on
centum of the gross amount received by the promoter of a tournament entrance fees at
by way of entrance fees, provided that the Board shall contribute to the tournaments
boxers' benevolent fund from the amount accruing to the Board under
this regulation a sum equal to that which is deducted from the amount
payable to a boxer in return for his services in such tournament under the
immediately foregoing regulation, which sum shall not, in any event,
exceed twenty-five per centum of the entrance fee levy.
25. The rules under which and the manner in which any tournament Rules
shall be organised and conducted are as set out in the Schedule.
26. Any person who contravenes or fails to comply with any provision Penalties
of these Regulations, other than regulation 25, shall be guilty of an
offence and liable to a fine not exceeding one thousand five hundred
penalty units or imprisonment for a period not exceeding six months.
(As amended by Act No. 13 of 1994)
SCHEDULE
(Regulation 25)
(B) (1) The Judges shall be stationed on three sides of the ring, the
Time-keeper occupying the fourth side. Each Judge shall be supplied
with a scoring card and shall independently assign marks to the boxers.
They shall at all times be ready to assist the Referee, if required, in
deciding whether any foul has been committed. They may also bring any
other matter to the notice of the Referee at the end of any round of a
contest.
(2) At the end of each round of a contest, each Judge shall award a
maximum of seven points to the better boxer and a proportionate
number of points to the other boxer or, if in the opinion of such Judge,
neither boxer is better than the other, he may award seven points to each
of them. Halves or other fractions of a whole number shall not be used in
scoring. Points awarded to a boxer at the end of each round shall be
based on the number of marks scored by such boxer during such round.
(3) Marks shall be awarded as follows:
(a) In attack, for scoring direct clean hits with the knuckle part of the
closed glove on any part of the front or side of the head or body above
the belt and also generally for effective aggression; a clean forceful
blow landing on the target shall be credited in proportion to its
damaging effect.
(b) In defence, for guarding, slipping, ducking, blocking and in
general for cleverly evading blows and for countering:
Provided that marks awarded for defence shall not outweigh those
awarded for attack.
(4) Marks shall not be awarded for (a) tapping, or (b) blows which do
not land on the opponent.
(5) Marks shall be deducted for fouling although such fouling may not
be sufficiently serious in the opinion of the Referee to warrant
disqualification.
(6) At the end of a contest which has lasted the scheduled number of
rounds, each Judge shall complete his scoring card so as to show the
total number of points awarded by him to each boxer and shall hand
such scoring card to the Master of Ceremonies who in turn shall hand it
to the Referee.
(C) The Referee and the Judges of a contest shall not converse with any
person in the audience while officiating at such contest. Scoring cards
shall not be exhibited to or discussed with any person in the audience
whether during or after such contest. Referees and Judges shall not
criticise in public decisions given by themselves or other officials nor
shall a Referee or Judge or any other official discuss the contents of a
Judge's scoring card or decisions with any unauthorised person.
(D) The Time-keeper shall be seated at the side of the ring close to the
gong or electric bell. He shall provide himself with a suitable stop watch
or clock which shall permit his making due allowances for stoppages
ordered by the Referee. He shall indicate the beginning and end of each
round by sounding the gong or bell. Five seconds before the beginning
of a round he shall call out in an audible voice the words "Seconds Out",
and the number of the round.
(E) The Master of Ceremonies or Announcer shall announce from
inside the ring in a satisfactory manner (preferably by microphone) the
names of the boxers, their weights, the title at stake, if any, the number
and duration of the rounds and the names of the Referee, Judges and
Time-keeper. He shall collect scoring cards from the Judges and hand
them to the Referee, and announce the decision when authorised so to do
by the Referee. He shall make any other necessary announcements at the
request of the promoter or the Referee. He shall at no time look at the
Judge's scoring cards.
(F) The Ringmaster shall supervise the ring and its accessories and see
that the floor of the ring is kept properly resined and that a sufficiency of
clean water is supplied. He shall be in charge of the gloves and see that
no time is wasted between contests by the unpreparedness of the
contestants.
(G) A Second shall from a corner of the ring assist or advise a boxer
before a contest or during the interval between rounds. Each boxer shall
be permitted to have not more than three Seconds in his corner and all
three must be attired in white shirts and white or grey trousers. A Chief
Second must be nominated to the Referee by each boxer and such Chief
Second alone of the Seconds can declare the retirement of his principal
by throwing a towel into the ring and orally drawing the Referee's
attention to the fact. Seconds shall not coach principals during the
progress of rounds and they must remain silent. They shall not throw,
spout or spray water or other substance on a principal nor in any other
way assist him during a round. Each boxer shall be allowed only two
Seconds in the ring between rounds and they shall leave the ring
enclosure at the Time-keeper's call and shall remove all obstructions,
such as chairs, buckets, etc., the instant the sound signal indicates the
beginning of a round. None of these articles shall be placed on the ring
floor again until the gong or bell signals the end of the round.
7. (1) Every boxer who participates in a tournament shall wear gloves
of a type approved by the Board, each of which shall be not less than six
ounces in weight.
(2) In the event of bandages being used by boxers participating in a
tournament, the length of bandage on each hand shall not exceed the
following:
(a) flyweight to middleweight, nine feet of soft bandage, not
exceeding two inches in width, and nine feet of thin adhesive tape, not
exceeding one inch in width;
(b) light-heavyweight and heavyweight, twelve feet of soft bandage,
not exceeding two inches in width, and twelve feet of thin adhesive tape,
not exceeding one inch in width.
(3) All gloves and bandages to be used in a contest shall first be
examined by the Referee who shall satisfy himself that they conform
with the requirements of this rule and who shall, in addition, supervise
their adjustment by the Seconds, and ensure that the gloves have not
been broken by twisting, and that the padding thereof has not been
removed from the potential part of the glove.
8. Boxers must box in light, heel-less, spikeless boots or shoes, or in
socks and loose fitting, coloured (not white) trunk drawers, the boxers to
wear trunks of different colours, secured at the hips, but no metal or
other buckles, straps, etc., shall be worn, and with the bottom hems
thereof reaching at least half-way between the knees and thighs. Tights
are prohibited. A "Protector Cup or Shield" adjusted to the satisfaction
of the Medical Officer and Referee immediately prior to entering the
ring must be worn. The Medical Officer and Referee shall at the same
time satisfy themselves with regard to the character of any markings on
the body of the boxer visible in that region. Shields for the gums may be
worn but not ear-guards or any other protection. The face or upper part
of the body must not be greased. Boxers must have a clean appearance
and have their hair cut to a reasonable length to the satisfaction of the
weighing officials.
9. In all contests the number of rounds shall be specified and no contest
shall exceed 12 rounds, except as defined hereunder, and no round shall
exceed three minutes in duration. There shall be an interval of one
minute between each round. National Championships shall be of 12
rounds of three minutes each, Area or Provincial Championships of 10
rounds of three minutes each and International Championships shall be
of such number of rounds as may be approved by the Board after
consulting with other National Bodies. Time occupied by stoppages
ordered by the Referee during the progress of a round shall not count as
part of the time of such a round.
10. For the purpose of these Rules, the following definitions and notes
shall apply:
(a) "Stop" "Box on"-excepting only when the Referee has given the
order "Stop", boxers must protect themselves at all times whilst in the
ring and on their feet, but they shall not resume boxing after a stoppage
("breaking" excluded) without the order "Box on".
(b) "Break"-On the command "Break", both boxers must take a step
backwards before continuing to box and be on the defensive whilst so
doing. Having moved in this manner, a boxer may immediately resume
boxing without being ordered to do so by the Referee.
(c) "Clinch"-means a locking-together by the boxers for which both
are responsible.
(d) "Down"-A boxer shall be deemed down when-
(i) any part of his body other than his feet is on the ring floor;
(ii) hanging over the ropes in a helpless condition.
NOTES.-(1) A boxer hanging over the ropes in a helpless condition is
not officially down until so pronounced by the Referee, who can count
the boxer out either on the ropes or on the floor.
(2) Should a boxer arise fully but be unable to defend himself, the
contest shall be stopped and the decision given to the opponent.
(3) Should a boxer who is down arise before the count of ten seconds
of time be reached and then at once go down again without being struck,
the Referee shall resume the count where it left off, provided that in his
opinion such going-down is the aftermath of the original knock-down
blow and that the boxer's action does not warrant disqualification.
(4) A boxer sent down by a blow may remain down until nine
seconds of time have been counted without being disqualified, but after
an accidental fall he must arise instantly, failing which the Referee may
stop the contest and award the decision to his opponent.
(e) "Counting out"-The order "Stop" shall precede the beginning of
any count. When counting, the Referee shall move one of his arms in
unison with his count. Immediately a boxer is down, the opponent shall
retire to the farthest neutral corner from the boxer who is down and,
should he fail to do so or, having done so, come out of that corner during
the count, the Referee shall suspend his count until the opponent shall
return to that corner, when the Referee shall resume the count where it
left off. A boxer counted out shall be the loser of the contest irrespective
of the number of marks awarded up to that time.
(f) "Double Knock-out"-In the event of a double knock-out the
Referee shall declare the contest to be a draw.
(g) "Tapping"-Direct, light blows are not regarded as tapping but a
succession of taps, usually employed at close quarters, which have no
effect upon an opponent, are to be considered as such.
(h) "Holding"-Holding is done with one or both hands. Whilst it is
not permissible for a boxer to hold an opponent with one hand and hit
with the other, yet it is permissible for the opponent who is held to hit
with his free hand or hands.
(i) "Hitting below the Belt"-Hitting below the belt is hitting below
an imaginary line drawn across the abdomen at the level of the tops of
the front edges of the hip bones.
NOTE.-This includes the groins.
(j) "Kidney punch"-The kidney punch is a blow delivered
deliberately at the part of the body over the kidneys.
(k) "Pivot blow"-A pivot blow is made when a boxer pivots round
on one foot swinging his arm with him and, as he completes his
revolution, delivers a blow of any kind.
(l) "Rabbit punch"-The rabbit punch is a deliberate blow to the back
of the head or neck.
SECTION 10-THE PROFESSIONAL BOXING AND Government
WRESTLING (PRESCRIBED FORMS) REGULATIONS Notices
236 of 1962
Regulations by the Minister
497 of 1964
2. The forms set forth in the Schedule shall be the forms to be used in Prescribed
all cases to which they are respectively applicable for the purposes of the forms
Act.
SCHEDULE
(Regulation 2)
PRESCRIBED FORMS
FORM 1
THE PROFESSIONAL BOXING AND WRESTLING CONTROL
ACT
Postal address
Applicant's signature
Date .............................................
* Delete as appropriate
ORIGINAL
FORM 3
THE PROFESSIONAL BOXING AND WRESTLING CONTROL ACT
No. ................................
Ref ................................
CERTIFICATE OF REGISTRATION
This is certify that
has been registered as a
in terms of the Professional Boxing and Wrestling Control Act.
Dated at ........................................................... this day of
........................................ ,19 .......
Secretary,
Zambia Professional
Fee paid ...................................... Boxing Control Board
ORIGINAL FORM 4
THE PROFESSIONAL BOXING AND WRESTLING CONTROL
ACT
No. .................................
Ref .................................
CERTIFICATE OF REGISTRATION
This is to certify that.......... has been registered as a ........... in terms of
the Professional Boxing and Wrestling Control Act.
Dated at .......................................................... this day of
..................................... , 19 .........
Secretary,
Zambia Professional
Fee paid ..................................... Wrestling Control Board
ORIGINAL FORM 5
THE PROFESSIONAL BOXING AND WRESTLING CONTROL ACT
No. ........................
LICENCE AUTHORISING THE HOLDING OF A TOURNAMENT
This is to certify that
of
is hereby authorised to hold a tournament at
(venue) in (town) in Zambia on
, 19 ......., which tournament shall consist of
the following contests:
1. ..................................................................... vs
............................................................ rounds of minutes each
at ............................................................ (weight) for the
Championship.
2. ..................................................................... vs
............................................................ rounds of minutes each
at ............................................................ (weight) for the
Championship.
3. ..................................................................... vs
............................................................ rounds of minutes each
at ............................................................ (weight) for the
Championship.
4. ..................................................................... vs
............................................................ rounds of minutes each
at ............................................................ (weight) for the
Championship.
5. ..................................................................... vs
............................................................ rounds of minutes each
at ............................................................ (weight) for the
Championship.
6. ..................................................................... vs
............................................................ rounds of minutes each
at ............................................................ (weight) for the
Championship.
Dated at ................................................ this day of
........................................ , 19 .......
This licence is subject to the provisions of the Professional Boxing and
Wrestling Control Act and to the attached conditions.
Secretary,
Zambia Professional
Fee paid ............................................. Boxing Control Board
ORIGINAL FORM 6
Secretary,
Zambia Professional
Fee paid ................................................ Wrestling Control Board
THE PROFESSIONAL WRESTLING CONTROL
REGULATIONS [ARRANGEMENT OF REGULATIONS]
Regulation
1. Title
2. Interpretation
3. Application for registration as a wrestler, official, manager or
promoter
4. Contracts between wrestlers and managers, etc., to be approved
by Board
5. Applications for licences to hold tournaments
6. Police to be notified of intention to hold a tournament
7. Tickets, etc., not to be sold prior to the issue of a licence
8. Notice to be given to Board of any cancellation or
abandonment of a tournament
9. Power of Board to test ability of wrestlers
10. Betting at tournaments prohibited
11. Sale of intoxicating liquor at tournaments prohibited
12. Balance sheets to be submitted to Board
13. Balance sheets in relation to tournaments held for charity, etc.
14. Weighing-in and medical examination
15. Medical practitioner to be in attendance during contests
16. Officials having a pecuniary interest in a contest not to officiate
at such contest
17. Referee to report to Board on any disqualification
18. Wrestlers who are disqualified to forfeit their remuneration
19. National Championships
20. Forfeiture of championship titles
21. Amount to be deposited with Board by challenger seeking
championship fight
22. Wrestler's benevolent fund
23. Board to impose levy on entrance fees at tournaments
24. Rules
25. Penalties
3. (1) Any person who desires to be registered as a wrestler, official, Application for
manager or promoter, shall make application to the Board for registration as a
registration in the form prescribed by the Minister for this purpose. wrestler,
official,
manager or
promoter
(5) All such certificates of registration shall be valid and remain in force
until the 31st December next following the date of issue.
5. (1) Any person who desires to promote a tournament shall, at least Applications for
fourteen days before the date upon which such tournament is to be held, licences to hold
apply to the Board for a licence to hold such tournament in the form tournaments
prescribed by the Minister for this purpose and shall, at the time of such
application, submit to the Board the following:
(a) all agreements entered into between himself and the wrestlers
who will participate in such tournament;
(e) the full names of all officials who may be employed in such
tournament;
(2) On receipt of any such application, the Board shall satisfy itself that
the particulars required are set out with sufficient clarity and may return
the application for amplification or amendment and may call upon the
applicant to produce such additional information relating to the holding
of such tournament as may be necessary to enable the Board to arrive at
a proper decision on the application.
(3) In the event of the Board deciding to grant a licence authorising the
holding of a tournament, the Board may charge a licence fee of-
7. (1) No person who desires to promote a tournament shall sell or Tickets, etc.,
publish or cause to be sold or published any tickets, vouchers, posters or not to be sold
other advertising matter relating to such tournament unless and until he prior to the
has been issued with a licence under the provisions of regulation 5. issue of a
licence
9. (1) The Board may, if it is of the opinion that wrestlers engaged to Power of Board
participate in a tournament are unevenly matched or for any other reason to test ability of
which it may consider necessary, call upon the promoter of such wrestlers
tournament to make such arrangements as may be necessary to enable
the Board to test the ability of such wrestlers, which tests shall be carried
out not later than three days before the date of the tournament.
(2) In the event of any wrestler failing to pass such test, any agreement
entered into by such wrestler with the promoter of such tournament shall
forthwith be cancelled and such wrestler shall have no claim against
either such promoter or the Board in respect of any purse money or other
remuneration payable to him under such agreement.
10. No person shall carry on the business of a bookmaker at the venue Betting at
of any tournament nor shall any person place or cause to be placed any tournaments
bet or wager at such venue. prohibited
11. No person shall sell or supply or permit the sale or supply of any Sale of
alcoholic liquor at the venue of any tournament unless he shall first have intoxicating
obtained the approval of the Board. liquor at
tournaments
prohibited
12. Within fourteen days of the holding of a tournament, the promoter Balance sheets
thereof shall submit to the Board a properly audited and certified to be submitted
balance sheet and statement of account showing the expenditure to Board
incurred in connection with, and the income derived from, such
tournament, which balance sheet and statement of account shall be
supported by vouchers and such other particulars as the Board may
consider necessary.
13. In the case of a tournament in respect of which it has been Balance sheets
advertised that a percentage of the profits arising therefrom shall be in relation to
given to charity, or in which the wrestlers participating therein have tournaments
wrestled on a share basis, the charities, or the wrestlers concerned, may, held for charity,
upon application in writing to the Board, inspect the balance sheet and etc.
statement of account relating to such tournament and the vouchers in
support thereof at any time within three months of the date upon which
such tournament was held.
14. (1) The standard weights for professional wrestlers shall be divided Weighing-in
into eight divisions as follows: and medical
Bantam-up to and including 123 pounds. examination
(3) The promoter shall, at his own expense, arrange for all wrestlers
participating in a tournament to be medically examined by a registered
medical practitioner appointed either by the Board or the promoter, at
the same time as and at the place of weighing-in.
15. The promoter of any tournament shall, at his own expense, ensure Medical
that a registered medical practitioner appointed either by the Board or practitioner to
the promoter is in attendance at or near the ringside throughout each be in attendance
contest for the purpose of rendering medical aid, if required, or for the during contests
carrying out of any examination of a wrestler at the request of the
referee.
18. In the event of a wrestler participating in a contest forming part of Wrestlers who
a tournament being disqualified by the referee for any cause whatsoever are disqualified
or retiring from such contest without sufficient cause, such wrestler to forfeit their
shall forfeit his entitlement to the amount payable to him for his services remuneration
in such tournament and shall be entitled to receive only his travelling
expenses and out-of-pocket expenses and any further remuneration
which may be awarded to him by the Board.
19. (1) All National Championships held in Zambia shall be decided National
under these Regulations and any rules which may be published under Championships
regulation 24.
(2) The winner of any championship contest shall be the holder of such
championship title.
(As amended by No. 53 of 1965)
21. (1) In the case of a National Championship contest, the wrestler Amount to be
who is the title holder shall have the right to demand that the approved deposited with
challenger shall deposit with the Board or its nominee any sum of Board by
money up to the maximum amount fixed for the title held by the title challenger
holder before he shall be required to accept such challenge and defend seeking
his title; the maximum amounts fixed for the purpose of this regulation championship
are as follows: fight
Title Amount
Fly . . .. .. .. 6
Bantam .. .. .. ..
8
Feather .. .. .. ..
10
Light .. .. .. ..
12
Welter .. .. .. ..
14
Middle .. .. .. ..
16
Light-heavy .. .. .. ..
18
Heavy .. .. .. ..
20
(2) In the event of such championship title holder having defended his
title to the satisfaction of the Board, the money, if any, deposited by the
challenger shall be paid to the championship title holder irrespective of
the result of the contest.
22. The Board shall create and administer a wrestler's benevolent fund, Wrestlers'
on the executive of which both wrestlers and promoters shall be benevolent fund
represented and, for the purpose of creating and maintaining funds for
such wrestlers' benevolent fund, the Board may impose a levy not
exceeding two and one-half per centum of the amount payable to a
wrestler for his services in a tournament.
23. For the purpose of deriving funds to maintain the function of the Board to
Board, the Board may impose a levy not exceeding two and one-half per impose levy on
centum of the gross amount received by the promoter of a tournament entrance fees at
by way of entrance fees, provided that the Board shall contribute to the tournaments
wrestlers' benevolent fund from the amount accruing to the Board under
this regulation a sum equal to that which is deducted from the amount
payable to a wrestler in return for his services in such tournament under
the immediately foregoing regulation, which sum shall not, in any event,
exceed twenty-five per centum of the entrance fee levy.
24. The Minister may, by statutory instrument, make rules for the Rules
purpose of regulating the manner in which and under which any
tournament shall be organised and conducted.
25. Any person who contravenes or fails to comply with any provision Penalties
of these Regulations, other than regulation 24, shall be guilty of an
offence and liable to a fine not exceeding one thousand five hundred
penalty units or imprisonment for a period not exceeding six months.
(As amended by Act No. 13 of 1994)
(b) for at least three thousand kwacha for death and one thousand
kwacha for permanent disablement.
"Committee" means the Benevolent Fund Committee appointed by the Cap. 156 p. 15
Board under regulation 23 of the Professional Boxing and Wrestling
Control Regulations;
"Fund" means the Boxers' Benevolent Fund created by the Board under
regulation 23 of the Professional Boxing and Wrestling Control
Regulations.
(2) A retirement benefit shall not be paid to a member who has retired
from professional boxing or wrestling as a result of disciplinary action
taken or confirmed by the Board.
(b) widow;
(c) children;
6. (1) Claims for a funeral grant must be made not later than six months Funeral grants
after the death of member.
(b) any person or relative certified to have been responsible for the
payment of the funeral expenses of the deceased member.
7. (1) Members who are unable to continue with their professional Mental and
boxing and wrestling due to mental or physical disability or both may be physical
paid a mental or physical disability benefit. disability
9. (1) The amount of any benefit to be paid out shall be determined by Quotation of
the Committee. benefits
10. All claims for benefits from the Fund shall be made on the Application
following prescribed forms respectively as specified in the Schedule- forms
(a) Retirement benefit: Form No. ZPBWCB/BENFUND/01
(b) Survivors' benefit: Form No. ZPBWCB/BENFUND/02
(c) Funeral grant: Form No. ZPBWCB/BENFUND/03
(d) Mental and physical disability benefit: Form No.
ZPBWCB/BENFUND/04
(e) Supplementary saving benefit: Form No.
ZPBWCB/BENFUND/05
SCHEDULE
Form ZPBWCB/BENFUND/01
ZAMBIA PROFESSIONAL BOXING AND WRESTLING
CONTROL BOARD BENEVOLENT FUND
NOTES:
Please state clearly on this form:
(a) Your names in full including any nick names for the purpose of
boxing or wrestling.
(b) National Registration card particulars.
(c) Date turned professional.
(d) Name and address of the manager.
(e) The postal address to which the benefit must be sent, if to collect
please state point of collection.
These notes should be carefully noted as failure to comply with them
may result in delay in payment of your claim.
NOTES
Please state clearly on this form:
(a) Your names in full including any nick names for the purpose of boxing or wrestling.
(b) National Registration Card particulars.
(c) Date you turned professional.
(d) Name and address of the manager.
(e) The postal address to which benefit must be sent.
If to collect please state point of collection.
These notes should be carefully noted as failure to comply with them may result in delay in payment of your
NOTES
Please state clearly on this form:
(a) Your names in full including any nick names for the purpose of
boxing or wrestling.
(b National Registration Card particulars.
(c) Date turned professional.
(d) Name and address of the manager.
(e The postal address to which benefit must be sent, if to collect please
state point of collection.
(f) These notes should be carefully noted as failure to comply with them
may result in delay in payment of your claim.
Full name
Designation
Official
stamp
*ATTESTING WITNESS
(Senior Public Officer, Labour Officer, Social Development Officer, in the
Administrative Grade, Minister of Religion, Legal Practitioner, Bank
Manager, Medical Practitioner or Commissioner for Oaths).
NOTES
Please state clearly on this form:
(a) Your names in full including any nick names for the purpose of boxing or wrestling.
(b) National Registration Card particulars.
(c) Date you turned professional.
(d) Name and address of the manager.
(c) The postal address to which benefit must be sent, if to collect state point of
collection.
These notes should be carefully noted as failure to comply with them may result in delay
of your claim.
ARRANGEMENT OF SECTIONS
Section
1. Short title
2. Interpretation
3. Issue of casino licences
4. Issue of temporary casino licences
5. Conditions under which licences shall be granted
6. Revocation of casino licences
7. Transfer and variation of casino licences
8. Casino inspectors
9. Powers of inspectors
10. Gaming by minors prohibited
11. Submission of statements of accounts
12. Assessment by the Ministry
13. Non-application of certain provisions
14. Tax to be recovered as a civil debt
15. Fees
16. Offences
17. Regulations
18. Repeal of Casino Act and Gaming Machines (Prohibition) Act
CHAPTER 157
"casino" means any premises kept and managed for the purpose of
gaming;
"intoxicating liquor" has the meaning assigned to it in the Liquor Cap. 167
Licensing Act;
"licensed premises" means any premises in respect of which a casino
licence is in force;
"winnings" include any amount deducted for the benefit of the licensee
from any stake or bank in any game not being an amount deducted from
the receipts of any slot machine.
3. (1) No person shall operate a casino without a valid casino licence Issue of casino
issued under this Act. licence
(2) Any person who wishes to operate a casino shall apply to the
Minister who may, subject to the other provisions of this Act and to the
payment of such fees as may be prescribed, and on such terms and
conditions as he may consider necessary, issue a casino licence to any
person.
(3) A casino licence shall remain in force for such period, not exceeding
five years, as is specified in the casino licence.
(b) subject to the provisions of the Hotels Act, the carrying on and Cap. 153
maintenance of a hotel on the licensed premises;
(c) the sale on the licensed premises to any person at any time of the
day and night of intoxicating liquor for consumption on the licensed
premises; and
(5) A casino licence shall specify the number of tables authorised under
the casino licence for the playing of any game and the number of gaming
machines authorised under the casino licence.
(6) No licensee shall operate or allow to be operated, any tables for the
playing of any game or gaming machines in excess of the number
authorised under the casino licence.
(8) When any person is convicted of an offence under subsection (7) the
court which convicts that person shall, in addition to any penalty
imposed under subsection (7), order the forfeiture to the Government of
the tables on gaming machines which were the subject matter of the
offence.
(As amended by Act No. 13 of 1994)
(2) A temporary casino licence shall remain in force for such period, not
exceeding thirty days, as is specified in it.
(3) A temporary casino licence shall authorise-
(b) the sale on the licensed premises to any person at any time,
during the playing of such games, of intoxicating liquor for
consumption on the licensed premises; and
5. (1) The Minister shall not grant a casino licence under section three Conditions
to any person unless- under which a
licence shall be
granted
(b) proper provision has been made for the sanitation of the casino;
and
(2) The licensee, throughout the currency of the casino licence, shall
carry on and maintain, on the licensed premises a hotel of such size and
standard as may be specified in the casino licence.
(d) for the purposes of ensuring that the operation of the licensed
premises accords with decency, dignity, good taste and honesty;
(a) the licensee or any employee of the licensee has been convicted
of an offence under this Act or of an offence relating to the sale of
intoxicating liquor on the licensed premises;
(b) the licensee has contravened or failed to comply with any of the
conditions of the casino licence;
(d) the licensee has failed to pay the licence fees payable for the
licence and for the games in operation.
(2) The Minister shall not revoke a casino licence under paragraph (a)
of subsection (1) unless-
(a) the licence has been informed in writing of the grounds upon
which it is proposed to revoke the casino licence and shall give the
licensee an opportunity of making representations, in writing, in relation
to the proposed revocation;
7. (1) A casino licence shall be transferable only with the consent of the Transfer and
Minister, which consent may be given or withheld in the absolute varification of a
discretion of the Minister. casino licence
(2) The Minister may, on the application of the licensee, at any time,
during the currency of a casino licence, vary any condition of the casino
licence:
Provided that where the conditions to be varied relate to the
fees for the games listed in the licence, the Minister shall before having
such conditions varied, direct an inspection of the games to be carried
out.
8. (1) In order to ensure compliance with the provisions of this Act, or Casino
any condition imposed under this Act, the Minister shall appoint such inspectors
number of inspectors as he may consider necessary.
9. (1) In the performance of his duties an inspector shall have power- Powers of
Inspectors
(d) to seize and remove from the licensed premises any equipment
or supplies for the purpose of examination and inspection;
(a) plays any game with or permits the playing of any game by any
young person;
(b) allows any young person to enter any part of the licensed
premises where any game is played, whether for the purpose of gaming
or otherwise;
(2) In this section "young person" means any person under the age of
eighteen years.
(3) It shall not be a defence for any licensee or employee of the licensee
charged with an offence under subsection (1) that he did not know of the
presence of any young person or that such young person was present
without his consent, unless he shows, to the satisfaction of the court that
he took all reasonable steps to ensure that no young person was admitted
to such licensed premises.
(As amended by Act No. 13 of 1994)
11. (1) The Minister may at any time, and shall at least once in every Submission of
twelve months, require a licensee to submit to him- statement of
account, etc.
(c) any other information which the Minister may require relating to
the operation of a casino.
12. (1) Not withstanding any other provisions of this Act, if the Assessment by
Minister has reason to believe that any amount of fees has been the Minister
incorrectly computed by a licensee or when any licensee fails in any
month to submit to the Minister a statement in accordance with section
eleven, the Minister may assess the amount of fees, if any, payable by
the licensee as may, in the circumstances, appear proper to the Minister
under the provisions of this Act.
(2) Where any fees are assessed by the Minister in accordance with this
section, the Minister shall give notice in writing to the licensee stating
the amount so assessed and such amount of fees shall be due and
payable by the licensee within such period following the date of such
notice as the Minister may, in the notice, direct:
Provided that a licensee may appeal within thirty days of the date of
such notice to the High Court.
13. (1) The holder of a casino license shall not require any licence Non-application
under the Liquor Licensing Act for the purpose of the sale of of certain
intoxicating liquor and nothing in the said Act relating to the hours of provisions
sale of intoxicating liquor shall apply to sales of intoxicating liquor Cap. 167
under a casino licence.
(2) Subject to the provisions of subsection (1), a casino licence shall, for Cap. 167
the purpose of parts VII and IX of the Liquor Licensing Act, be deemed
to be a licence under that Act and licensed premises under this Act shall
be deemed to be licensed premises under the Liquor Licensing Act.
(3) The holder of a casino licence shall not be required to hold a licence Cap. 393
under the Trades Licensing Act in respect of any trades specified in the
casino licence and the provisions of that Act shall not apply in relation to
any sale of goods under a casino licence.
(4) For the purpose of subsection (3) of section one of the Trades Cap. 393
Licensing Act, a casino licence shall not be deemed to relate to any
goods.
14. Without prejudice to any other remedy, any tax, penalty or other Tax to be
sum payable under this Act shall be a debt due to the Government and recovered as
may be recovered as a civil debt by a suit in the name of the civil debt
Attorney-General.
15. (1) There shall be paid in respect of every casino licence issued Fees
under this Act an annual fee of one thousand fee units and the following
additional licence fees:
(a) In respect of each year during the currency of the casino licence
there shall be paid-
(i) the sum of 300 fee units where one table or wheel, other than a
card game, is specified in the casino licence;
(ii) the sum of 400 fee units for each table or wheel where two or
more tables or wheels, other than a card game, not exceeding ten, are
specified in the casino licence; and
(iii) the sum of 500 fee units for each table or wheel in excess of ten
where the number of tables or wheels or a game, other than a card game,
specified in the casino licence is more than ten.
(d) A fee of 500 fee units in respect of each temporary casino licence
issued.
(2) The fees specified in paragraph (a) of subsection (1) shall be paid on
or before the commencement of each year to which the fees relate.
(As amended by Acts No. 6 of 1994 and No. 13 of 1994)
16. (1) Any licensee and any employee or agent of such licensee who- Offences
(b) makes any false entry in any account of the casino, with the
intention that the same shall be taken to be true;
shall be guilty of an offence and shall be liable upon conviction-
(i) in the case of an individual, to imprisonment for a period not
exceeding six months or to a fine not exceeding two thousand penalty
units; or
(ii) in the case of a corporation or limited company to a fine not
exceeding four thousand penalty units.
(2) Any person who obstructs an inspector in the execution of his duties
and powers under section nine of this Act shall be guilty of an offence
and shall be liable upon conviction to imprisonment for a period not
exceeding six months or to a fine not exceeding two hundred penalty
units.
(3) Where an employee or agent of the licensee commits an offence
under this section, the licensee, and where the licensee is a corporation
or limited company, any director and any principal officer of the
corporation or limited company, shall be deemed to have abetted the
commission of the offence unless he establishes to the satisfaction of the
court that the offence was committed without his knowledge and that he
could not reasonably be expected to know that the offence was being
committed.
(As amended by Act No. 13 of 1994)
ARRANGEMENT OF SECTIONS
Section
1. Short title
2. Interpretation
3. Licensing of theatres and safety of persons attending thereat
4. Supervision to ensure safety
5. Duty of occupier, etc., of theatre
6. Power of entry
7. Establishment of Film Censorship Boards
8. Description of cinematograph scene to be submitted
9. Appeal to the President
10. Penalties
11. Application
12. Regulations
CHAPTER 158
1. This Act may be cited as the Theatres and Cinematograph Short title
Exhibition Act.
(As amended by No. 1 of 1932)
"theatre" means any building, tent or other erection open to the public,
gratuitously or otherwise, where a stage play or cinematograph
exhibition is performed or presented.
3. No theatre shall be used for the performance of stage plays or the Licensing of
presentation of cinematograph exhibitions without the licence in writing theatres and
of the Licensing Officer having been previously obtained. If the safety of
Licensing Officer shall consider that the safety and convenience of persons
persons attending such performances or presentations at such theatre are attending
adequately provided for, he may grant such licence either generally or in thereat
respect of any single performance or presentation or for such period not
exceeding twelve months as he may think fit. The Licensing Officer
may refuse to grant such licence or may grant it subject to such terms
and conditions as he may think desirable for the purpose of ensuring the
safety and convenience of the persons attending such performances or
presentations at such theatre. Any such licence may be revoked by the
Licensing Officer if he shall consider that the safety or convenience or
persons attending such performances or presentations is not adequately
provided for.
4. Where the Licensing Officer grants any licence as aforesaid upon Supervision to
condition that the stage play or cinematograph exhibition be conducted ensure safety
under the superintendence of some officer or person designated in the
licence, then it shall be lawful, at any time, for the officer or person so
designated to order such stage play or cinematograph exhibition to cease
or to give any other direction which he may think necessary for ensuring
the safety of the premises at which the stage play or cinematograph
exhibition takes place and of the persons attending the stage play or
cinematograph exhibition.
5. The occupier or other person who manages or receives the rent of Duty of
any theatre at which it may be proposed to perform or present any stage occupier, etc.,
play or cinematograph exhibition shall ascertain whether the prescribed of theatre
licence has been obtained and, if so, the terms of such licence. Such
occupier or person shall give notice to the Inspector-General of Police or
the officer in charge of the nearest police station, if and so soon as he has
reason to believe that there is an intention to proceed with any stage play
or cinematograph exhibition either without the prescribed licence or
without everything having been done which may be required under such
licence or under this Act or under any rules made thereunder to be done
previous to such stage play or cinematograph exhibition taking place.
6. A Licensing Officer, a police officer, or any officer authorised for Power of entry
the purpose by the Minister by Gazette notice, may at all reasonable
times enter any premises in which he has reason to believe that any stage
play or cinematograph exhibition is being or is about to be performed or
presented with a view to seeing whether the provisions of this Act or any
rules made thereunder and the conditions of any licence granted under
this Act have been complied with. Any person preventing or obstructing
the entry of a police officer or any officer appointed as aforesaid, shall
be guilty of an offence under this Act.
(As amended by G.N. No. 302 of 1964)
7. The Minister may, by Gazette notice, appoint one or more Film Establishment
Censorship Boards (hereinafter referred to as "the Board") consisting of of Film
such number of persons as the Minister may determine. Censorship
(As amended by G.N. No. 302 of 1964 and S.I. No. 70 of 1964) Boards
(2) The Board may inspect or cause to be inspected any picture or Power to
pictures, and no picture or series of pictures shall be presented at any inspect
cinematograph exhibition nor shall any posters advertising such
exhibition be displayed without a permit from the Board previously had
and obtained.
9. An appeal shall lie to the President in respect of any act or decision Appeal to the
of a Licensing Officer or the Board done or made or omitted to be done President
or made under the provisions of this Act and the President may confirm,
disallow or vary such act or decision of a Licensing Officer or the Board
or direct him to act in such manner as to the President shall seem fit,
subject to the provisions of this Act and any regulations made
thereunder.
10. Every omission or neglect to comply with and every act done or Penalties
attempted to be done contrary to the provisions of this Act or of any
regulations made thereunder, or in breach of the conditions and
restrictions subject to or upon which any licence or permit has been
issued, shall be deemed to be an offence against this Act and for every
such offence the offender shall be liable to a fine not exceeding nine
hundred penalty units or to imprisonment with or without hard labour
for a term not exceeding three months.
11. This Act shall not apply to a performance of a stage play or Application
cinematograph exhibition to which the public are not admitted either
gratuitously or otherwise.
(As amended by Act No. 13 of 1994)
SUBSIDARY LEGISLATION
2. (1) The chairman or not less than two members of any Film Film
Censorship Board (hereinafter referred to as "the Board") shall form a Censorship
quorum. Board
(3) If only two members of the Board are present and voting then, in the
case of equality of votes on any question, such question shall be brought
up again for decision before not less than three members of the Board.
3. (1) It shall be the duty of the Board to examine every cinematograph Duties of Board
picture duly submitted to it for examination with a view to such
cinematograph picture being approved for purposes of exhibition to the
public.
(c) agree to approve the same, subject to such excisions from the
cinematograph picture as it thinks proper, and thereafter to classify such
cinematograph picture in accordance with the provisions of paragraph
(a) and to mark the same in accordance with the provisions of
sub-regulation (3).
(7) The approval of the Board shall not be given with respect to any
cinematograph picture or any part thereof which is made in the Republic
of South Africa or by or in association with any company formed in the
Republic of South Africa, or which in its opinion depicts any matter that
is contrary to public order or decency, or the exhibition of which would
for any other reason be undesirable in the public interest. In the case of a
cinematograph picture the exhibition of which is intended to be
accompanied by a mechanical reproduction of sound (whether or not the
device or arrangement for such reproduction is an integral part of the
cinematograph picture), the Board may take such reproduction of sound
into consideration in determining whether or not the cinematograph
picture should be approved, or in determining what excisions, if any,
should be made therefrom.
(8) (a) On approval by the Board of any cinematograph picture, a permit
shall be issued in the form in the Schedule, on payment of a fee of 125
fee units to the Licensing Officer. Such permit shall accompany all
cinematograph pictures which are passed by the Board for exhibition in
Zambia.
(b) Not earlier than the hour appointed for the commencement of
each performance there shall be exhibited on the screen, prior to the
exhibition of any picture, a certificate in the following form:
This is to certify that all films shown in this theatre at this performance
have received the approval of the Film Censorship Board of Zambia for
exhibition and the prescribed fee of 125 fee units has been paid in
respect of each such film.
4. If any matter other than a certificate of approval or the mark "U", If matter added
"A" or "X" is added to a cinematograph picture after it has been to
approved by the Board, the picture shall, before exhibition or further cinematograph
exhibition, be again submitted to the Board for examination, and unless picture after
and until it has been again approved by the Board it shall be deemed not approval,
to have been approved. picture to be
(As amended by No. 38 of 1962) again submitted
to Board
5. An appeal shall lie to the Minister in respect of any act or decision of Right of appeal
the Board done or made or omitted to be done or made under the from decisions
provisions of these Regulations, and the Minister may confirm, disallow of Board
or vary such act or decision of the Board or direct the Board to act in
such manner as to the Minister shall seem fit, subject to the provisions of
these Regulations.
(As amended by G.N. No. 302 of 1964 and S.I. No. 70 of 1964)
6. The area for which the Board may exercise the powers contained in Area of Board
these Regulations shall be the whole of Zambia.
(As amended by S.I. No. 70 of 1964)
7. For the purpose of censoring films made in Zambia or imported into Resident
Zambia otherwise than through Lusaka, the District Executive Secretaries to
Secretaries of all Districts are hereby appointed to be additional Boards be additional
for the purposes of examining and approving such films for exhibition Boards for
within their respective Provinces. certain purposes
(As amended by No. 39 of 1961)
SCHEDULE
(Regulation 3)
REPUBLIC OF ZAMBIA
EXHIBITION PERMIT
FILM CENSORSHIP BOARD.
This
film........................................................................................................................................................................
..............................................................................................................................................................................
has been approved by the Board for exhibition in Zambia and has been classified and
marked................................
Date...........................................19.......
..................................................................
Chairman of the Board
Fee Paid 125 fee units
NOTE.-This permit must accompany the film through Zambia.
(As amended by No. 54 of 1936, No. 166 of 1939, No. 234 of 1960, No. 38 of 1962,
S.I. No. 21, 75 of 1979 and Act No. 13 of 1994)
3. There shall be payable to the Licensing Officer, upon issue of a Prescribed fees
theatre licence, the following fees, that is to say:
4. The President may exempt any person from payment of the whole or Exemption
any part of the fees specified in regulation 3.
SCHEDULE
(Regulation 2)
REPUBLIC OF ZAMBIA
THEATRE LICENCE
...............................................................
Licensing Officer
[Special Conditions]
...............................................................
Licensing Officer
THE THEATRES AND CINEMATOGRAPH
EXHIBITION REGULATIONS
ARRANGEMENT OF REGULATIONS
PART I PRELIMINARYPART I
P RELIMINARY
Regulation
1. Title
2. Application
PART II
GENERAL BUILDING
REQUIREMENTS
3. Erection or alteration of theatre to be approved by Inspector of
Fire Services
4. Walls
5. Where portion only of building used as theatre
6. Floors to be fire-resisting
7. Iron and structural work to be protected against fire
8. Ingress and egress
9. Aisles or passages between seats
10. Staircases
11. Proscenium
12. Dressing-rooms and stairs
13. Space above stage
14. Scene dock, property room, etc.
15. Flies of theatre
16. Ventilation
17. Doors
18. Separate means of egress for different floors, etc.
19. One additional exit to be provided
20. Passages, gangways, etc., to be kept in good repair
21. Seating accommodation
22. Entrance hall, etc.
PART III
FIRE APPLIANCES
23. Water supply
24. Wet blankets and sand
25. Fire appliances
26. Footlights
PART IV
CINEMATOGRAPH
EXHIBITIONS
Regulation
27. Operating chamber to be separated from combustible material
28. Walls, floor and roof of chamber
29. Size of chamber
30. Exits to be clear
31. Temporary and portable chambers
32. Escape from chamber
33. Projection openings
34. Openings for pipes
35. Lanterns
36. Electric illumination
37. Projections for cables
38. Limelight
39. Film-boxes
40. Ether saturators
41. Rules of running
42. Outside chambers included
43. Alterations prohibited without permission
44. Exhibitions authorised prior to 14th November, 1930
45. Miniature machines
46. Position of miniature machines
47. Position of screen
48. Movable buildings
PART V
GENERAL
49. Compliance with Regulations
50. Municipality to have similar powers as Inspector of Fire
Services
SCHEDULE-Limelight
PART I
PRELIMINARY
1. These Regulations may be cited as the Theatres and Cinematograph Title
Exhibition Regulations.
2. The Minister may, by statutory notice, apply all or any of these Application
Regulations to any city, municipality, township or to any area specified
in such notice, and may exempt from the operation thereof any specified
area or buildings situated therein.
(No. 2 of 1949 as amended by No. 322 of 1954 and
No. 118 of 1959)
PART II
GENERAL BUILDING
REQUIREMENTS
3. Except as otherwise provided in these Regulations, no person shall Erection or
erect or cause or permit the erection of or add to or alter or cause or alteration of
permit any addition to or alteration in any theatre unless the plans theatre to be
thereof shall have been approved by the Inspector of Fire Services. approved by
(As amended by No. 282 of 1958 No. 373 of 1961 and Inspector of
No. 11 of 1971) Fire Services
4. The walls of every building intended for use as a theatre shall be of Walls
brick or stone or other approved fire-resisting material to the satisfaction
of the Inspector of Fire Services.
(As amended by No. 282 of 1958 No. 373 of 1961 and
S.I. No. 11 of 1971)
5. If a portion only of a building be used as a theatre, such portion shall Where portion
be separated from the remainder of the building by fire-resisting walls. only of building
used as theatre
7. All iron work or other structural metal work used in the construction Iron and
of a theatre shall be protected against the action of fire in such manner as structural work
may be required by the Inspector of Fire Services. to be protected
(As amended by No. 282 of 1958 No. 373 of 1961 and against fire
No. 11 of 1971)
8. (1) In every theatre the partitions, porches, vestibules and every Ingress and
means of ingress and egress for the public shall be constructed of egress
fire-resisting materials to the satisfaction of the Inspector of Fire
Services.
(2) No theatre shall have more than three floors or horizontal divisions, Theatre not to
including the gallery, above the level of the pit. have more than
(As amended by No. 282 of 1958 and No. 373 of 1961) three floors
above level of
pit
9. The aisles or passages between the seats shall in no case be less than Aisles or
1.07 metres in width and shall be increased in width towards the exit in passages
the ratio of 3.8 centimetres to every 1.52 running metres. The floor of between seats
the highest part of the pit or stalls shall be accessible from the street at
the principal entrance to such pit or stalls by a gradient not exceeding
one in fifteen, and the lowest part of the floor of the pit or stalls shall not
be lower than the level at which it can be effectually drained into drains
in the adjoining street, nor more than 1.82 metres below the level of the
street at the principal entrance to the pit or stalls. In any case, the lowest
floor shall not be placed at such a level as will render it liable to
flooding, and it shall be efficiently and properly drained to the
satisfaction of the Inspector of Fire Services.
(As amended by No. 282 of 1958, No. 373 of 1961 and
S.I. No. 11 of 1971)
10. (1) The treads of each flight of stairs in any staircase in any theatre Staircases
shall be of uniform width, not less than 27.9 centimetres wide, and with
risers not more than 15.24 centimetres high.
(2) Every staircase required for public ingress and egress shall be
supported and enclosed by walls of approved fire-resisting material to
the satisfaction of the Inspector of Fire Services. In special cases, the
staircase, instead of being enclosed by such walls, may, in the discretion
of the Inspector of Fire Services, have a suitable handrail or balustrade
of sufficient strength on either side thereof, but it shall always be
supported as in this sub-regulation set forth.
(4) All staircases above 1.82 metres in width shall be properly divided
down the centre by one or more strong handrails with proper supports.
No flight of stairs shall consist of more than fourteen risers, and each
flight shall have a landing and no winder steps shall be allowed. Each
flight shall be provided with a suitable handrail to the satisfaction of the
Inspector of Fire Services.
(As amended by No. 282 of 1958 No. 373 of 1961 and
S.I. No. 11 of 1971)
11. (1) In any theatre for the performance of stage plays or where a Proscenium
proscenium is erected, the proscenium shall be of brick or other
fire-resisting material to the satisfaction of the Inspector of Fire
Services, not less than 35.5 centimetres in thickness, and shall be carried
across the entire width of the building, both above and below the stage,
to the level of the foundations of the external wall. No openings shall be
made in the proscenium wall, with the exception of a doorway into the
orchestra and one door on each side of the stage for communication with
the auditorium.
(2) The said doorways shall be not less than 1.07 metres wide, and shall Doorways
be fitted with fire-resisting doors to the satisfaction of the Inspector of
Fire Services. The bottom of the said doorways shall not be more than
91.4 centimetres above the stage door and such doors shall have an
overlap of at least 7.6 centimetres at each edge.
(3) The decorations and mouldings around the proscenium opening Decorations
shall be constructed of fire-resisting materials, and all woodwork,
stage-hangings, curtains and draperies shall be rendered
non-inflammable by fire-resisting paint or other suitable means.
(As amended by No. 282 of 1958 No. 373 of 1961 and
S.I. No. 11 of 1971)
12. (1) All dressing-rooms and the stairs affording access thereto shall Dressing-rooms
be constructed of fire-resisting material, and shall be connected with an and stairs
independent exit leading directly into a thoroughfare. No dressing-room
shall be situated more than one storey below street level. No workshop,
painting-room or dressing-room shall be formed or constructed over or
under the auditorium or stage.
13. (1) The space above the stage shall be of sufficient height to allow Space above
of all scenes and the fire-resisting screen being raised above the top of stage
the proscenium opening in one piece and without rolling.
(2) The roof of the stage shall not be of fire-resisting material or of Roof
heavy construction and shall be provided with one or more skylights in
the top thereof, equal together to one-tenth of the area of the stage. Such
skylights shall be glazed with sheet glass weighing not more than 0.588
litres per metre superficial. Immediately underneath the glass there shall
be wire netting, but wire glass shall not be used.
(3) Such skylight or skylights shall be made to open their full area by Skylight
lowering the fire-resisting screen or by the cutting or burning of a cord.
14. A scene dock, property room or store room shall not be permitted Scene dock,
in any theatre unless the same be separated from the rest of the building property room,
by brick or other fire-resisting material. etc.
15. The flies of theatres shall be constructed of fire-resisting material Flies of theatre
to the satisfaction of the Inspector of Fire Services. Adequate means of
escape shall be provided from the flies and the gridiron to the
satisfaction of the Inspector of Fire Services.
(As amended by No. 282 of 1958 and No. 373 of 1961)
16. All openings for the ventilation of theatres shall be shown on the Ventilation
plans and properly described in the specifications, and such openings
shall be made in such manner as may be approved by the Inspector of
Fire Services.
(As amended by No. 282 of 1958 and No. 373 of 1961)
17. (1) All outer doors which are used as ordinary and usual means of Doors
public access to theatres shall open both inwards and outwards and shall
be provided with proper and adequate means of locking or bolting back,
to afford the full width of the doorway as a means of ingress and egress,
and such outer doors shall be kept open during the time that the theatre is
in use. All other outer doors used as emergency exists, whether
connected directly with the means provided for leaving such building or
not, shall be made so as to open outwards. All doors used by the public
in the interior of a theatre shall be made to open both ways.
(2) Main entrance and exit doors shall be provided with panic bolts. If Main entrance
the door is in one leaf, a drawback lock (without any catch pin to keep and exit doors
the door locked) shall be used, and such lock shall be capable of being
opened from inside without a key. If the door is in two leaves, an
ordinary lock may be used.
(3) Extraordinary exit doors in theatres shall be provided with panic Extraordinary
bolts, which may be fitted with a key to open from without, but in no exit doors
case shall a key be necessary to open from within. Such panic bolts are
to be opened by means of pressure on a horizontal bar or panel.
(d) any lock on a single leaf door except a drawback lock (without a
catch pin) which can be opened from inside without a key;
(5) No door shall open immediately on to a flight of stairs, but on to a Door to open on
landing, at least 91.4 centimetres in width, which shall be provided to landing
between such doors and stairs.
(6) In every theatre outlet doorways (hereinafter called escape doors), Escape doors
either opening directly into or communicating by an unobstructed
corridor, passage or staircase, of width hereinbefore specified, with the
separate means of egress and additional exit for each floor, tier or level
as hereinafter provided, shall be of a number and capacity in each floor,
tier or level or part of the theatre that their aggregate opening shall be
such as, in the opinion of the Inspector of Fire Services, shall be
sufficient to allow the whole number of persons that such floor, tier or
level can seat to pass through such opening in a space of time not
exceeding three minutes at an ordinary walking pace.
(7) All escape doors, if they are not ordinarily used for exit but are Notice on
available as additional means of egress in cases of alarm, shall be escape doors
indicated on the inside by a painted notice in block capitals at least 15
centimetres in height to the satisfaction of the Inspector of Fire Services.
Such notice shall consist of the words "ESCAPE DOOR: NOT
LOCKED", and such letters shall, during the time that the theatre is
open to the public, be kept uncovered and unconcealed by any
obstruction whatsoever.
(As amended by No. 282 of 1958, No. 373 of 1961 and
S.I. No. 11 of 1971).
18. In any theatre where the public using the same is to be Separate means
accommodated on different floors, tiers or levels, a separate means of of egress for
egress, of the width hereinbefore described for staircases, internal different floors,
corridors or passage-ways, shall communicate directly with the street or etc.
an open passage approved by the Inspector of Fire Services
Provided that separate tiers of boxes in a theatre shall, for the purposes
of these Regulations, be regarded as forming one floor or level with the
floor or level on which they are situated.
(As amended by No. 282 of 1958, No. 373 of 1961 and
S.I. No. 11 of 1971)
19. At least one additional exit communicating with each different One additional
floor, level or tier and opening directly into the street or passageway, as exit to be
above set forth, must also be provided; such additional exit shall open on provided
to the street at least 6.1 metres from the first exit and shall be separated
from any other exit by fire-proof walls.
20. All passages, gangways, corridors, staircases and other means of Passages,
ingress and egress for the use of the public shall be kept at all times in gangways, etc.,
good order and repair and free from chairs or any other obstruction to be kept in
whatsoever, whether of a temporary or permanent character, or any good repair
projection of any description whatsoever other than handrails. All
carpets or other stair or floor coverings shall be kept securely fixed and
in good order and repair.
21. When the seating accommodation for the public consists of chairs, Seating
these shall be fastened to one another, row by row, by means of a accommodation
wooden batten or battens of sufficient strength running beneath the
seats, in such a manner that, should a panic arise, there shall be no
danger of the chairs being upset so as to cause any hindrance to egress.
Such chairs shall be battened together at a distance of not less than 51
centimetres from centre to centre where they have arms, and 46
centimetres where they are without arms, and in lengths of not less than
four nor more than twelve in a section. The centre line of any seat in a
row shall not be more than 3.7 metres from the aisle nearest to such seat,
measured along the line of seating in such row. No platform formed to
receive seats shall be more than 53 centimetres in height of riser, nor
less than 81 centimetres in width of platform.
(As amended by No. 129 of 1955)
22. (1) All entrance halls, passages, staircases, gangways or other Entrance hall,
means of approach to a public room or rooms in a theatre shall be etc.
efficiently lit during the whole time the theatre is being used.
(2) When artificial light is used in any theatre, provisions approved by When artificial
the Licensing Officer shall be made so that the public may not be left in light used
darkness through any breakdown or accident.
(3) Two complete systems of electric lighting from separate sources of Two complete
supply shall be deemed to meet the requirements of this regulation; systems of
otherwise a sufficient number of oil or candle lamps secured to electric lighting
uninflammable bases, and of a pattern to be approved by the Inspector of
Fire Services, shall be provided, and such lamps shall be lit during the
whole time the public is in the theatre.
(As amended by No. 282 of 1958 No. 373 of 1961 and
S.I. No. 11 of 1971)
PART III
FIRE APPLIANCES
23. Unless the Inspector of Fire Services is satisfied that an adequate Water supply
water supply is available for any theatre, there shall be provided on the
top of the proscenium wall, or at some other place to be approved by the
Inspector of Fire Services, two or more cisterns, together capable of
holding at least 909.2 litres of water for every 100 persons to be
accommodated in the auditorium.
(As amended by No. 282 of 1958 No. 373 of 1961 and
S.I. No. 11 of 1971)
24. Wet blankets or rugs and buckets or other receptacles, filled some Wet blankets
with water and some with sand, shall always be kept in the wings, and and sand
shall have placards of legibly printed fire instructions fixed immediately
above them.
25. (1) Fire appliances adequate for the protection of the theatre shall Fire appliances
be provided and shall include a sufficient number of hand grenades or
other portable fire extinguishers. Chemical fire extinguishers shall be of
such a number and so available that there shall be adequate means of
dealing promptly with an outbreak of fire.
(2) All fire appliances shall be of makes approved by the Inspector of
Fire Services and shall be inspected at least once a month and kept at all
times in fit and proper order by the licensee.
26. The footlights (if of oil or candles) in front of the stage or the Footlights
portion of the theatre used as a stage shall be protected by wire guards
approved by the Inspector of Fire Services. Hatchets, hooks and other
means of taking down hanging scenery in case of fire shall always be
kept in readiness in the wings.
(As amended by No. 282 of 1958 No. 373 of 1961 and
S.I. No. 11 of 1971)
PART IV
CINEMATOGRAPH
EXHIBITIONS
27. A cinematograph apparatus shall not be fixed, nor shall any display Operating
be given in any theatre unless the operating chamber is distant from any chamber to be
external combustible material by at least 3 metres. separated from
combustible
material
28. The walls, floor and roof of the chamber shall be constructed of Walls, floor and
brick, reinforced concrete, plate walling or other fire-resisting material roof of chamber
of a nature and thickness approved by the Inspector of Fire Services.
(As amended by No. 282 of 1958, No. 373 of 1961 and
S.I. No. 11 of 1971)
29. (1) The operating chamber shall be at least 2.4 metres in height Size of chamber
from the floor to the ceiling and 2.1 metres wide parallel to the line of
projection, and shall be of minimum length, varying in accordance with
the number of machines installed in such chamber, as follows:
(2) The chamber shall be ventilated direct to the external air by means Ventilation of
of a flue constructed of incombustible material fixed over the machine. chamber
The area of such flue shall be in the proportion of at least 1 square metre
for every 9.912 metres of the chamber.
30. No operating chamber shall be placed so as to interfere with the Exits to be clear
free use of any exit.
31. (1) Where cinematograph exhibitions do not form a regular feature Temporary and
of the entertainment, a temporary operating chamber or a portable portable
chamber may be used. A temporary operating chamber shall be chambers
constructed throughout with walls (including door), floor and roof of 3.8
centimetres angle-iron framing and sheet iron of at least No. 16 gauge,
securely fixed with 5 centimetres lapped and riveted or bolted joints. A
portable operating chamber shall be constructed throughout (including
door) with teak or other hardwood framing not less than 5 centimetres
thick strengthened by rails or braces, and covered with sheet asbestos
not less than 95 millimetres thick on each side. The sides, roof and floor
shall be fastened together with angle-iron and thumb-screws at each
corner, such thumb-screws to screw into metal sockets, or with bolts and
thumb-screws, or bolts and nuts.
(2) Portable and temporary operating chambers shall only contain one
picture machine, and such chambers shall have a minimum floor area of
2.8 square metres, and the height shall not be less than 1.8 metres. Such
chambers shall, when erected and in use, be both dust and smoke proof,
and, where practicable, shall be placed outside the auditorium.
32. Direct means of escape from the operating chamber to the external Escape from
air shall be provided by a passage-way at least 91 centimetres in width. chamber
In cases where the chamber is fixed above the level of the ground or
main floor, the stair or ladder from the operating chamber to the floor
shall be constructed of incombustible material at least 68.5 centimetres
in width.
33. (1) Only openings which are necessary for projection, operation Projection
and observation shall be allowed in the front wall of the chamber. There openings
shall not be more than three such openings for each lantern and they
shall not exceed 30.5 centimetres by 30.5 centimetres, 30.5 centimetres
by 61 centimetres, and 61 centimetres by 61 centimetres respectively.
All openings shall be provided with a sheet of 65 millimetres plate glass
built in and fixed so as effectively to prevent the escape of smoke into
the auditorium. In addition, all openings shall be provided with falling
shutters of metal at least 32 millimetres thick which, when closed, shall
overlap the opening at least 2.5 centimetres on all sides. The shutters
shall be arranged to cover the openings closely and to slide in properly
constructed metal grooves, the lower groove being packed with a rubber
pad at least 1.3 centimetres thick.
(2) Such screens or shutters shall be so fitted that they will all close
without noise at one and the same time by the action of one release. The
apparatus for releasing such screens or shutters shall be provided with
suitable handles, which shall be fixed in such positions inside the
operating chamber that the operator can release the shutters when
standing in the usual position for operating each one of the
cinematograph projectors and rewinding films, if such rewinding is
carried out in the chamber, and shall be provided with a link of fusible
metal or section of quick-burning film fixed directly over the film gate.
A similar releasing handle shall be fixed outside the operating chamber
in a position to be approved by the Licensing Officer.
(As amended by No. 33 of 1937)
34. The necessary pipes, electric cables, etc., shall enter the operating Openings for
chamber through properly bushed openings. pipes
35. (1) The lantern shall be placed on firm supports of fireresisting Lanterns
construction. The lamp or jet shall stand on an iron tray, with an
upturned vertical edge at least 2.5 centimetres in depth. The lantern shall
be provided with an automatic metal shutter to act between the source of
light and the film gate. The action of this shutter shall be such that it
shall close automatically immediately the film becomes stationary. A
sliding metal shutter shall be provided in addition to the automatic
shutter.
(2) The film gate shall be of massive construction and provided with Precautions for
ample heat-radiating surface, and the passage for the film shall be films
sufficiently narrow to prevent flame travelling upwards or downwards
from the light opening. The film spools when in use shall be fixed in
incombustible smokeproof boxes.
36. Where possible, the electric arc light shall be adopted as the Electric
illuminant, and all regulations in force for securing safety in an electric illumination
installation shall be observed. Circuits in which there is a pressure
exceeding 250 volts between the terminals, or from either terminal to
earth, shall not be allowed in connection with the apparatus. Where the
apparatus is used in a portable box, a permanently installed circuit shall
be carried to a convenient point, having regard to the position of the
apparatus. Resistances shall be placed in an approved position and,
where practicable, outside the operating chamber. A small resistance for
regulating purposes may be allowed within the chamber, but such
resistance shall be fixed above the level of and behind the lantern.
37. (1) The main cable must be enclosed in steel tubing, and must be Projections for
run without joint or tapping from feeding point to apparatus. For cables
temporary performances, the cables may be carried on porcelain cleats
or bobbins, if they are placed out of reach and the pair run parallel and
are separated by a space of not less than 15 centimetres.
(2) The porcelain cleat or bobbin insulators carrying the cables must be Insulators
securely fixed and placed sufficiently close together to prevent the
cables touching the walls, woodwork or other surfaces. The whole of the
wiring must be carried out in a thoroughly workmanlike manner, and all
cables, fuses, switches, resistances and apparatus must be so fixed as to
be out of reach of any unauthorized person. The lantern resistances and
any other current-carrying devices must be of proper design and well
suited for the work required to the satisfaction of the Licensing Officer;
each must be self-contained and enclosed in iron cases; all
current-carrying metal parts must be well insulated from the iron frames
and covers and these in turn must be so supported that while in operation
they shall be at least 76 centimetres from any wood or other
inflammable material. Pilot lights used within the operating chamber
must be provided with two single pole fuses and one single pole switch.
38. (1) If limelight be used in the lantern, the gas cylinders shall be Limelight
tested and filled in conformity with the requirements set out in the
Schedule. The tubing shall be of sufficient strength to resist pressure
from without and shall be properly connected up.
39. (1) All cinematograph projectors shall be fitted with two film-boxes Film-boxes
of substantial construction to and from which the films shall travel. Such
boxes shall be made to close in a manner which shall prevent the ingress
of fire, and shall be fitted with a film-slot capable of preventing the
passage of flame to the interior of the film-box, and shall be kept closed
except for the insertion or removal of films. Spools shall be chain or
gear driven, and films shall be wound upon spools so that the wound
films shall not at any time reach or project beyond the edges of the
flanges of the spool.
(2) All films, when not in the machine and while still in the
operating chamber, shall be contained in closed metal boxes of
self-closing pattern. Films shall not be stored nor rewound nor repaired
in any other place on the premises than in the operating chamber or in
some other approved fire-proof enclosure.
40. Ether saturators and gas generators must be placed in the open air, Ether saturators
and the filling of ether saturators must be carried out in the open air.
41. (1) No smoking shall be permitted within the operating chamber. Rules of
running
(2) No storage of any description, nor the use of any naked light, shall
be permitted within the operating chamber, nor shall any paper,
cardboard or rubbish be kept therein.
(6) Work of any description other than the operating of and any
essential repairs to the machinery and the rewinding and repairing of
films shall not be done inside the operating chamber during the time any
member of the audience is in the building.
(8) Except for special essential repairs, no person, other than the
operators and the duly appointed assistant, the licensee, the proprietor,
his duly authorised representative, the manager, and the duly authorised
agents of the Licensing Officer, shall be admitted to the operating
chamber during a cinematograph exhibition:
Provided that, with the consent of the licensee and of the Licensing
Officer first had and obtained in writing, professional and scientific
investigators may be permitted to visit operating chambers during a
cinematograph exhibition.
43. After any licence has been granted, it shall not be per-missible for Alterations
the licensee to make any alteration to the building, operating chamber, prohibited
fixtures or contents without the sanction of the Licensing Officer, under without
penalty of revocation of the licence. permission
Provided that nothing herein contained shall require the alteration of the 14th November,
seating arrangements of any building existing at the commencement of 1930
these Regulations and which has been duly licensed for cinematograph
exhibitions.
48. Where a licence has been granted under the Act in respect of a Movable
movable building, a plan and description of the building, certified with buildings
the approval of the Licensing Officer, shall be attached to the licence.
Such licence may provide that any of the conditions or restrictions
contained therein may be modified by the Licensing Officer at any place
where a cinematograph exhibition is about to be given. The licence and
plan and description, or any of them, shall be produced on demand to
any member of the Zambia Police Force of or above the rank of Sub
Inspector or to any person authorised by the Licensing Officer.
(As amended by No. 400 of 1962)
PART V
GENERAL
49. The licensee shall be responsible for the compliance with these Compliance
Regulations in every respect, and for the employment of competent, with
experienced and trustworthy operators, and may be required at any time Regulations
to supply to the Licensing Officer satisfactory credentials in this respect.
(Regulation 38)
LIMELIGHT
The gas cylinders shall be tested and filled in conformity with the
requirements set out below:
(a) Municipalities:
City of Lusaka
City of Kitwe
City of Ndola
Chingola Municipality
Kabwe Municipality
Livingstone Municipality
Luanshya Municipality
Mufulira Municipality
(b) Townships:
Chililabombwe Township
Chipata Township
Choma Township
Kalulushi Township
Chililabombwe
Kabwe Municipality
Mufulira Township
Nchanga Township
Nkana Township
Luanshya Township
CHAPTER 161
Section
1. Short title
2. Interpretation
3. Imprint on books printed and published in Zambia
4. Delivery of books published in Zambia to the Director
5. Registration of newspapers
6. Certified extracts from register to be received in evidence
1. This Act may be cited as the Printed Publications Act. Short title
"Director" means the Director of the National Archives of Zambia Cap. 175
appointed in terms of section five of the National Archives Act;
3. (1) Every book printed and published in Zambia shall bear an imprint Imprint on
in legible type showing- books printed
and published
in Zambia
(a) the full and correct name of the printer and the place where the
book was printed;
(b) the full and correct name of the publisher and his place of
business; and
(2) Every copy delivered under the provisions of this section shall be a
copy of the whole book with all maps and illustrations belonging
thereto, finished and coloured in the same manner as the best copies of
the book are published, and shall be bound, sewn or stitched together,
and on the best paper on which the book is printed.
(3) If any publisher fails to comply with the provisions of this section,
he shall be guilty of an offence and liable to a fine not exceeding six
hundred penalty units. When any person is convicted of such offence,
the court may, in addition to imposing a penalty, order the person so
convicted to comply with the provisions of this section by delivering a
copy of the book to the authority to whom delivery ought to have been
made. The court may, instead of making such order, impose a further
fine not exceeding the amount of the published price of the book.
(4) The provisions of this section shall not apply to any second or
subsequent edition of a book unless such edition contains additions or
alterations either in the letterpress or in the maps, prints or other
illustrative material belonging thereto.
(2) Any person who contravenes the provisions of this section shall be
guilty of an offence and liable to a fine not exceeding three thousand
penalty units.
(As amended by No.13 of 1956, G.N. No.110 of 1964,
No. 44 of 1969 and Act No. 13 of 1994)
6. (1) It shall be the duty of the Director to keep a register in which shall Certified
be entered the particulars mentioned in the last preceding section. extracts from
register to be
received in
evidence
(2) Any person wishing to obtain an extract from such register, signed
by the Director, showing the particulars therein contained in regard to
any newspaper, shall be entitled to obtain the same on application to the
Director and on payment of a fee of four fee units for every such extract.
(4) (a) At the trial of any person for an offence against subsection (3) of
section four or subsection (2) of section five, any document purporting
to be a certificate under the hand of the Director that such person has
failed to comply with the requirments of the subsection under which
such person is charged may be used in evidence against him.
(b) When any certificate is so used, the court may, if it thinks fit,
summon and examine the Director as to the subject-matter therein.
(As amended by G.N. No.110 of 1964, Act No.44 of 1969
and Act No. 13 of 1994)
SUBSIDIARY LEGISLATION
PRINTED PUBLICATIONS CAP. 161
2. The classes of printed matter set out in the Schedule shall be Exceptions
excepted from the provisions of section four of the Act.
SCHEDULE
(Rule 2)
1. Publications wholly in the nature of trade advertisements, cards,
catalogues, circulars, coupons, designs, forms, labels, leaflets, plans,
posters, price lists, prospectuses, show cards, wrappers and similar
publications purely in the nature of trade advertisements.
2. Publications wholly in the nature of time-tables or rate tariffs of
transport services.
3. Publications wholly in the nature of calendars.
4. Publications wholly in the nature of blank forms of accounts, or
blank forms of receipts, or other blank forms of a similar character.
5. Wall sheets printed with alphabets, mottoes, religious texts or other
matter for the purpose of elementary instruction.
CHAPTER 162
ARRANGEMENT OF SECTIONS
Section
1. Short title
2. Interpretation
3. Every club where intoxicating liquor is habitually sold, to be
registered
4. Registration does not constitute club premises licensed
premises, etc.
5. Application for registration
6. Mode of registration
7. Registration fees
8. Grounds for cancellation of registration
9. Permit for supply of intoxicating liquor for consumption off
club premises
10. Sale or supply of intoxicating liquor by an unregistered club
11. Registers of members and guests
12. Power of entry of club premises
13. Search warrant
14. Regulations
SCHEDULE-Prescribed forms
1. This Act may be cited as the Clubs' Registration Act. Short title
"intoxicating liquor" means any spirit, wine, ale, beer, porter, cider,
perry, hop-beer or any liquor containing more than two per centum of
alcohol and any other liquor which the Minister may from time to time
declare, by statutory notice, to be an intoxicating liquor within the
meaning and operation of this definition;
3. The secretary of every club which occupies a house or part of a Every club
house or other premises which are habitually used for the purposes of a where
club and in which any intoxicating liquor is supplied to members or their intoxicating
guests shall make application to the District Secretary of the District in liquor is
which the club premises are situate to be registered in accordance with habitually sold,
the terms and provisions of this Act. In the case of a club which is open to be registered
on the commencement of this Act, such application shall be made within
six weeks thereafter, and in the case of a new club requiring registration
which is about to be opened after the commencement of this Act, such
application shall be made before the opening of the club.
4. The registration of a club under this Act shall not constitute the club Registration
premises "licensed premises" or authorise any sale of intoxicating liquor does not
thereon which would otherwise be illegal under any written law. constitute club
premises
licensed
premises, etc.
5. Any application to the District Secretary for registration of a club Application for
shall be accompanied by an affidavit containing the particulars set out in registration
Form 1 in the Schedule signed by the secretary.
(2) The secretary of every club shall, in the month of December in the
year in which the club was first registered under this Act and in the
month of December of every year subsequent to that year, make
application to the District Secretary for renewal of the Certificate of
Registration, together with a statement showing the number of members
of the club at the date of the application and any alteration made in the
club rules since the club was first registered or during the preceding
year, as the case may be. Upon consideration of the application the
District Secretary shall, subject to the provisions of subsection (3), in his
discretion grant the application and renew the Certificate of
Registration.
(3) The District Secretary shall not-
(4) An appeal against the refusal of the District Secretary to grant any
application under this section shall lie to the High Court which may
reverse such decision where it is satisfied that the District Secretary
ought to have granted the application.
(As amended by No. 7 of 1963 and, Nos. 27 and 33 of 1966, and Act No.
13 of 1994)
7. (1) Subject to the provisions of subsection (2), the fees payable on Registration
the original registration and on renewal of such registration shall be as fees
follows:
Fee units
For a membership of 25-100 100
For a membership of 100-200 200
For a membership of 200-300 300
For a membership of 300-400 400
For a membership of 400-500 500
For a membership of over 500 600
(2) The Minister may, by statutory notice, where he considers that it is
in the circumstances equitable so to do, authorise an original registration
or a renewal of such registration in any particular case at such fee as is
specified in such notice:
Provided that the powers of the Minister under this subsection shall not
extend to any club where the membership thereof is in excess of one
hundred.
(Amended by Act No. 7 of 1963 12 of 1992 and Act No. 13 of 1994)
8. (1) When a club has been registered in pursuance of this Act, a Grounds for
District Secretary on complaint in writing by any person may, if he cancellation of
thinks fit, make an order cancelling the registration of any club on all or registration
any of the following grounds:
(a) that the club has ceased to exist, or that the number of members
is less than twenty-five; or
(d) that illegal sales of intoxicating liquor have taken place on the
club premises; or
(e) that persons who are not members are habitually admitted to the
club merely for the purpose of obtaining intoxicating liquor; or
(g) that guests are habitually admitted to the club without their
names and addresses having been entered in the register of guests; or
(2) An appeal against any order made under this section shall lie to the
High Court which may reverse such order.
(As amended by No. 34 of 1958, No. 30 of 1961
and No. 27 of 1966)
9. (1) No registered club shall supply any intoxicating liquor for Permit for
consumption off the club premises otherwise than in accordance with a supply of
permit issued by the District Secretary: intoxicating
liquor for
consumption
off club
premises
Provided that nothing in this subsection shall apply to any supply of Cap. 167
intoxicating liquor authorised under the provisions of a retail liquor
licence issued under the Liquor Licensing Act.
(2) Every permit issued under this section shall expire on the 31st
December in the year in which it was issued, and may thereupon be
renewed.
(3) Application for a permit under this section and for any renewal
thereof shall be made in such form and manner as may be prescribed,
and such permit may be issued or renewed, as the case may be, at the
discretion of the District Secretary, subject to such conditions as he may
impose, on the payment of seven hundred and fifty fee units or such
lesser sum as the Minister may direct in any particular case.
10. (1) If any intoxicating liquor be supplied or sold to any member or Sale or supply
guest on the premises of an unregistered club, the person or persons of intoxicating
supplying or selling such liquor or authorising the supply or sale of the liquor by an
same shall be liable on conviction to imprisonment with or without hard unregistered
labour for a term not exceeding one month or to a fine not exceeding one club
thousand five hundred penalty units, or to both.
11. (1) Every registered club shall keep on the club's premises a register Registers of
of members and a register of guests. members and
guests
12. (1) Any police officer of or above the rank of Assistant Power of entry
Superintendent and, where there is no police station within ten miles of of club
the club premises, any Administrative Officer may, at any time during premises
such hours as the premises of a registered club are open to members,
enter upon the premises and make inquiries for the purpose of this Act
and may-
(a) call for and inspect the register of members and the register of
guests;
(2) Any person who, having been required under the powers conferred
by subsection (1) to give his name and address, fails to give the same or
gives a false name or address shall be guilty of an offence and liable to a
fine not exceeding three hundred penalty units.
(3) Any person having charge of the register of members or the register
of guests who refuses or fails to produce the same on demand to any
person authorised to call for the same under the provisions of subsection
(1) shall be guilty of an offence and liable to a fine not exceeding seven
hundred and fifty penalty units.
(No. 30 of 1961 as amended by G.N.No. 502 of 1964
and Act No. 13 of 1994)
13. (1) If a magistrate is satisfied by information on oath that there is Search warrant
reasonable ground for supposing that any registered club is so managed
or carried on as to constitute a ground for cancelling its registration, or
that any intoxicating liquor is sold or supplied, or kept for sale or supply,
on the premises of an unregistered club, he may grant a search warrant
to any police officer of or above the rank of Sub Inspector named
therein.
(2) A search warrant granted under this section shall authorise the
police officer named therein to enter the club, if need be by force, and to
inspect the premises of the club, to take the names and addresses of any
persons found therein, and to seize any books and papers relating to the
business of the club.
(As amended by No. 36 of 1933 S.I. No. 91 of 1965
and Act No. 24 of 1977)
14. (1) The Minister may, by statutory instrument, make regulations as Regulations
to all or any of the following matters:
(b) the hours during which intoxicating liquor may or may not be
supplied to members or their guests;
(c) the form and manner in which application for a permit under
section nine or for any renewal thereof shall be made;
PRESCRIBED FORMS
FORM 1
(Section 5)
THE CLUBS' REGISTRATION ACT
I, of .....................................
make oath and says as follows:
1. I am the duly appointed Secretary of a Club known as
2. The number of members of such Club at the date of this application is
3. The objects of the Club are
4. The Club premises are situate at
5. The paper writing hereunto annexed marked "A" contains a true copy of the
Rules of the Club.
6. I have been authorised by the members to make application for registration
of the Club.
Sworn at
this ........................................... .day of .
Before me:
Magistrate
(As amended by No. 36 of 1933)
FORM 2
(Section 6)
THE CLUBS' REGISTRATION ACT
CERTIFICATE OF REGISTRATION
District Secretary,
DISTRICT
*Strike out whichever word is appropriate.
This Certificate lapses if not renewed during the month of December
in every year.
(As amended by No. 33 of 1966)
SUBSIDIARY LEGISLATION
CLUBS' REGISTRATION
2. An application for a permit under section nine of the Act and for any Form and
renewal thereof shall be made in writing to the District Secretary by the manner of
club secretary. The application shall state the name of the club, the application for
situation of the club premises and the number of members at the date of permit
application.
CHAPTER 163
ARRANGEMENT OF SECTIONS
Section
1. Short title
2. Interpretation
3. Unauthorised lotteries
4. Establishment of Board
5. Authorisation of lotteries
6. Powers of controlling authorities
7. Imposition of conditions
8. Utilisation of gross proceeds of a lottery for certain purposes
9. Prescribed fees
10. Invalid conditions by promoters
11. Power to require incorporation of promoters
12. Lotteries incidential to certain entertainments
13. Private lotteries
14. Offences by bodies corporate
15. Powers of President and Minister
"lottery" means any scheme or arrangement whereby prizes in the form Cap. 92
of money or other property or benefit are awarded to holders of tickets
or chances acquired by prior payment and drawn by lot, or whereby the
winners are determined by the incidence of chance from amongst the
holders of such tickets or chances in any other manner except by means
of a gaming machine as defined by the aming Machines (Prohibition)
Act.
Provided that such other officer shall be the police officer in charge of
the particular area in which the lottery is to be conducted.
(As amended by Act No. 17 of 1975)
(2) Any person who opens, keeps or uses any place for carrying on an
unauthorised lottery shall be guilty of an offence and shall be liable to a
fine not exceeding two thousand five hundred penalty units or to
imprisonment for a term not exceeding two years, or to both.
(a) a chairman
(2) The chairman and the members of the Board, other than public
officers, shall be appointed to the Board by the Minister for such period,
not exceeding three years, as the Minister may specify:
Provided that-
(3) The Minister may at any time require the chairman or an appointed
member of the Board to resign therefrom.
(4) The chairman and members of the Board, other than public officers,
shall be paid out of moneys appropriated for the purpose by Parliament,
such remuneration and allowances as the Minister may from time to
time determine.
(6) A quorum of the Board shall be three, at least one of whom shall be
a member of the public.
(As amended by No. 62 of 1957, No. 44 of 1960
and G.N. No. 304 of 1964)
(2) The Minister may, in his absolute discretion and subject to such
conditions as he may think fit to impose, authorise the promotion and
conduct of any lottery not otherwise authorised or permitted under the
provisions of this Act.
(3) Where-
(c) take such steps as it may deem necessary in order to ensure that
any conditions imposed under paragraph (b) have been or are being
complied with;
(f) make recommendations from time to time to the Minister for the
better control of lotteries with particular regard to the protection of the
public from fraud.
Provided that the Board shall not authorise the promoters to utilise an
amount in excess of one-twentieth of the gross proceeds of any lottery
for such of the said purposes as are referred to in the said application.
(5) The Board may attach such conditions as it may deem necessary to
any approval or authority given under the provisions of this section.
9. (1) The promoters of any lottery authorised under the provisions of Prescribed fees
section five shall pay into the general revenues of the Republic such fee
or fees in respect of such authorisation as may from time to time be
prescribed.
(2) For the purposes of any condition imposed upon the authorisation of
a lottery in respect of the limitation of operating expenses, any fee paid
under the provisions of this section shall be deemed to be part of such
expenses.
(As amended by S.I. No. 91 of 1965)
10. For the purposes of any civil proceedings brought in respect of any Invalid
ticket or chance in any lottery authorised under the provisions of section conditions by
five, a condition imposed by the promoters of such lottery that tickets or promoters
chances in such lottery shall not be sold, or prizes awarded, to any
specified class or classes of persons shall be deemed to be null and void.
11. Before authorising the promotion of a lottery under the provisions Power to
of subsection (1) of section five, the Board may require the promoters of require
such lottery to become a body corporate under any written law for the incorporation of
time being in force relating to incorporation. promoters
(b) tickets or chances in the lottery shall not be sold or issued, nor
shall the result of the lottery be declared, except on the premises on
which the entertainment takes place and during the progress of the
entertainment; and
(4) The entertainments to which this section applies are bazaars, sales of
work, fetes, dances and other entertainments of a similar character,
whether limited to one day or part thereof or extending over two or more
days.
(As amended by Act No. 13 of 1994)
(a) the whole proceeds, after deducting only expenses incurred for
printing and stationery, shall be devoted to the provision of prizes for
purchasers of tickets or chances or, in the case of a lottery promoted for
the members of the club, shall be devoted either to the provision of
prizes as aforesaid or to purposes which are purposes of the club or, as to
part, to the provision of prizes as aforesaid and, as to the remainder, to
such purposes as aforesaid;
(c) the price of each ticket or chance shall be the same, and the price
of any ticket shall be stated on the ticket;
(d) every ticket shall bear upon the face of it the names and
addresses of the promoters of the lottery and a statement of the persons
to whom the sale of tickets or chances by the promoters is restricted, and
a statement that no prize won in the lottery shall be paid or delivered by
the promoters to any person other than the person to whom the winning
ticket or chance was sold by them, and no prize shall be paid or
delivered except in accordance with that statement;
14. Where a person convicted of an offence under this Act is a body Offences by
corporate, every person who at the date of the commission of the offence bodies
was a director or officer of such body corporate shall also be deemed to corporate
be guilty of that offence unless he proves that the offence was
committed without his knowledge.
15. (1) The Minister may, by statutory instrument, make regulations- Powers of
President and
Minister
(b) prescribing the amount of any fee payable under the provisions
of section nine;
SUBSIDIARY LEGISLATION
LOTTERIES
SECTION 15-THE LOTTERIES (PROCEDURE AND Government
FEES) REGULATIONS Notices
281 of 1957
Regulations by the Minister
45 of 1960
497 of 1964
Statutory
Instrument
91 of 1965
147 of 1989
158 of 1990
8 of 1992
6 of 1993
Act No.
13 of 1994
(2) Any person who contravenes the provisions of this regulation shall
be guilty of an offence and shall be liable to a fine not exceeding eight
penalty units or to imprisonment for a period not exceeding three
months, or to both.
Signature of applicant
NOTES:
(a) This application must be submitted to the controlling authority
in the following manner:
(i) (in triplicate) in the case of a lottery in which the tickets or
chances to be issued for sale are of a total value of K600 or less, to the
Officer Commanding the Police Division of the area in which the lottery
is to be conducted; or
(ii) (in quintuplicate) in the case of a lottery in which tickets or
chances to be issued for sale are of a total value of more than K600, to
the Lotteries Control Board, P.O. Box 575, Lusaka.
(b) A specimen of each type of ticket or chance to be issued for sale
must be attached to each form, together with a list of rules, if any, under
which the tickets are to be sold.
(c) The law requires that an application should be submitted to the
controlling authority at least thirty days before the date set for either the
advertisement of the lottery or the commencement of the issue of tickets,
whichever may be the earlier.
(d) In the case of a lottery authorised by the Zambia Police, the
words "Authorised by the Zambia Police" should appear on the ticket,
and in the case of those authorised by the Lotteries Control Board, the
words "Authorised by the Lotteries Control Board of Zambia" should
appear on the ticket.
(e) At least a quarter of the gross proceeds must be devoted to the
object for which the lottery is promoted and not more than one-fifth of
such quarter may be used outside Zambia.
(f) Not more than 121/2 per cent. of the gross proceeds is allowed for operating expenses,
except in the case of a series of lotteries, when additional expenses may be permitted in respect of the first
three draws at the discretion of the controlling authority.
(No. 45 of 1960 as amended by No. 91 of 1965)
SECOND SCHEDULE
(Regulation 6)
SCALE OF FEES
Where the total value of the tickets or chances to be issued for sale:
Fee units
Does not exceed K2,000 .. .. .. .. .. .
Exceeds K2000 and does not exceed K8,000 .. .. .. .
Exceeds K8,000 and does not exceed K20,000 .. .. .. .
Exceeds K20,000 and does not exceed K35,000 .. .. .. .
Exceeds K35,000 and does not exceed K60,000 .. .. .. .
Exceeds K60,000 and does not exceed K80,000 .. .. .. .
Exceeds K80,000 and does not exceed K100,000 .. .. .. .
Exceed K100,000 . . .. .. .. .. .. .. 5
(As amended by S.I. No. 158 of 1990, 8 of 1992 and No. 6 of 1993 and
Act No. 13 of 1994)
CHAPTER 164
ARRANGEMENT OF SECTIONS
Clause
1. Short title
2. Interpretation
3. Winding-up of affairs of the Institute
4. Vesting of assets and transfer of liabilities
5. Registration of property to be transferred
6. Legal proceedings
7. Employees
8. Repeal of Act No. 9 of 1991
CHAPTER 164
1. This Act may be cited as the Zambia Institute of Mass Short title
Communications (Repeal) Act.
"appointed date" means such date as the Minister shall appoint under
section three;
"Institute" means the Zambia Institute of Mass Communication Act No.
established under the Zambia Institute of Mass Communications Act; 9 of 1991
3. (1) The Minister shall, before the commencement of this Act, ensure Winding-up of
that a proper record of the Institute's assets and liabilities is published in affairs of the
the Gazette for the information of the public. Institute
(2) When the Minister is satisfied that all necessary agreements and
arrangements have been made for the winding-up of the affairs of the
institute, he shall, by statutory instrument, order that the Institute be
disolved on such date as may be appointed in the statutory instrument.
4. (1) On the appointed date, there shall be transferred to, and shall vest Vesting of
in and be owned by the Trust without further assurance all property, assets and
rights, liabilities and obligations which, immediately before the transfer of
appointed date, were the property, rights, liabilities and obligations of liabilities
the Institute by virtue of the repealed Act.
(2) The Minister shall, by statutory instrument provide for the transfer
of any property, rights, liabilities or obligations to the Trust without
further assurance on such terms and conditions as may be specified in
the statutory instrument.
(4) The provisions of section five shall apply, with the necessary
modifications, to the Trust on the coming into force of the statutory
instrument.
(2) The officer referred to in subsection (1), shall make such entries in
the appropriate register as shall give effect to the transfer and, where
appropriate, issue the transferee concerned with a certificate of title in
respect of the property, or make necessary amendments to the register,
as the case may be, and shall make endorsement on the deeds relating to
the title, right or obligation concerned.
6. (1) Without prejudice to the other provision of this Act, where any Legal
rights, liabilities or obligations vest in the Institute by virtue of the Proceedings
repealed Act, the Trust and all other persons shall have the same rights,
powers and remedies (and in particular the same rights as to the
instituting or defending of legal proceedings or the making or resisting
of applications to any authority) for ascertaining, perfecting or enforcing
those rights, liabilities or obligations as they would have had if it had at
all times been a right, liability or obligation of the Institute under the
repealed Act.
8. The Zambia Institute of Mass Communications Act, 1991, is hereby Repeal of Act
repealed. No. 9 of 1991
SUBSIDIARY LEGISLATION
2. (1) The property set out in the First Schedule shall, on the coming Transfer of
into force of this instrument, be transferred to the Trust without further assets
assurance.
3. The staff whose names appear in the Second Schedule shall, on the Transfer of staff
coming into force of this instrument, be transferred from the Institute to from Institute to
the Trust. Trust
FIRST SCHEDULE
(Paragraph 2)
ASSETS OF THE ZAMBIA INSTITUTE OF MASS
COMMUNICATIONS TRANSFERRED
TO THE TRUST
Currency
Value
Room Description Quantity (Kwacha)
DIRECTOR'S OFFICE
Cabinet 1 73,000
Chair 1 50,000
Chair 3 93,000
4 piece 1 290,000
Desk 1 157,000
Desk 1 95,000
Table 2 45,000
Coffee 1 13,000
Side 1 10,000
Locker 1 90,000
Shelf 2 140,000
Trolly 1 45,000
Computer/Keyboard 1 1,260,000
Monitor 1 280,000
Printer 1 494,000
Fax 1 500,000
Air Conditioner 1 830,000
Heater 1 5,000
Radio Cassette 1 60,000
Painting 1 25,000
Pictures 5 50,000
Curtain 4 4,500
Carpet 1 145,000
Waste Paper Basket 1 2,000
SECRETARY'S OFFICE
Cabinet 1 19,000
Cabinet 2 134,000
Chair 2 6,000
Chair 1 4,000
Desk 1 55,000
Table 1 35,000
Coffee 1 13,000
Locker 1 87,000
Fan 1 6,500
Typewriter 1 174,000
Fridge 1 540,000
Heater 1 5,000
Kettle 1 5,000
Puncher 1 4,600
Calculator 1 13,500
Pencil Sharpener 1 4,000
Wire Tray 2 3,600
Ash Tray 1 900
Picture 1 14,500
Waste Paper Basket 1 1,000
MANAGEMENT ACCOUNTANT'S OFFICE
Chair 1 10,000
Chair 1 6,800
Shelf 1 24,500
Table 1 46,600
Fan 1 6,500
Puncher 1 1,800
Picture 1 5,000
Waste Paper Basket 1 1,000
Wire Tray 3 5,500
Computer 1 500,000
Monitor 1 280,000
Printer 1 390,000
Stabilizer 1 90,000
RECEPTION AREA
Cabinet 1 55,000
Chair 1 7,800
Counter 1 46,000
Heater 1 6,600
Key-treasure 1 195,000
Waste Paper Basket 1 1,000
Radio Cassette 1 60,000
WAITING ROOM
Cabinet 1 11,000
Chair 4 27,000
Desk 1 4,800
Coffee 1 11,600
BOOK KEEPER'S OFFICE
Cabinet 1 35,000
Chair 1 26,000
Desk 1 24,000
Locker 1 12,600
Shelf 1 9,700
Calculator 1 25,000
Fan 1 6,500
Heater 1 5,000
Calculator 1 13,500
Puncher 1 4,000
Waste Paper Basket 1 1,000
Curtain 2 5,500
ADMINISTRATION STORE ROOM
Shelf 6 128,000
Deep Freezer 1 450,000
Tablespoon 7 3,000
CASHIER'S OFFICE
Cabinet 1 11,600
Chair 3 19,500
Desk 1 20,000
Locker 1 13,000
Shelf 1 27,700
Heater 1 4,400
Typewriter 1 19,500
Curtain 2PC 60,000
Puncher 1 4,500
Puncher 1 1,800
Pencil Sharpener 1 2,600
Wire Tray 3 5,000
Lamp 7 42,000
Waterjar 2 1,800
CAFETERIA/KITCHEN
Saucer 5 2,300
Teacup 1 900
Ash Tray 1 900
Chair 5 37,000
Chair 23 150,000
Chair 3 18,000
Table 1 37,000
Table 5 306,000
Table 5 220,000
Cabinet 1 19,500
Chair 2 14,800
Cupboard 1 49,000
Desk 1 10,000
Boiler 1 136,000
Boiler 1 143,000
Coffee machine 1 157,000
Geyser 1 206,000
Kitchen Unit 1 245,000
Heater 1 4,000
Teacup 60 52,000
Teaspoon 14 3,600
Teapot 6 15,500
Sugar Bowl 5 4,500
Tumbler 5 4,500
Milk jar 5 4,500
Dining plates 22 40,000
Side plates 2 2,000
Soup plates 4 3,600
Plastic tray 5 9,000
Bucket 2 6,500
Ladle spoon 2 2,600
Waste Paper Basket 1 900
JUNK STORE
Bed 1 14,500
Mattress 9 72,000
Pillow 17 24,000
Side Drawer 3 38,000
Lawn Mower 1 123,000
Roll of Green Felt Cloth 6mt 15,000
GARDEN STORE
Sprinkler 2 5,500
Hose Pipe 6 x 30 100,000
Hose Pipe 10 m 8,000
Flower-cutter 2 5,500
Garden Fork 1 1,800
Garden Spade 1 900
Garden Bench 1 60,000
Wire-roll 2 6,500
TRANSPORT
Car AAL 8234 1 7,080,000
Pick-up GRZ 223BJ 1 6,680,000
Bus 9 seater AAH 9262 1 6,680,000
Bus seater AAH 2018 1 6,680,000
Pick-up GRZ 614Y 1 1,000,000
GUARD ROOM
Chair 1 135,000
Table 1 22,600
Heater 1 5,000
SUB TOTAL ADMINISTRATION 39,321,800
SECTION "B" TRAINING
RADIO STUDIO
Amplifier 1 307,000
Cue-light 2 70,000
Speaker 1 90,000
Microphone 1 195,000
Microphone 3 Obsolete
Boomstand 1 39,000
Tablestand 1 39,000
Tablestand 3 58,000
Table 1 157,000
Table 2 42,000
Chair 1 19,500
Chair 1 6,000
Curtain 6 15,400
CONTROL ROOM 1
Echo Unit 1 300,000
Speaker 2 500,000
Record Player 1 Obsolete
Tape Recorder 2 2,400,000
Tape Recorder 1 Obsolete
Audio Mixer 1 2,400,000
Timer 1 108,000
Chair 2 39,000
Desk 1 35,000
Dust Bin 1 2,000
Heater 1 6,200
Wall Fan 1 12,300
Curtain 5 15,400
CONTROL ROOM 2
Amplifier 1 307,000
Audio Mixer 1 Obsolete
Desk 1 14,500
Desk Mixer 1 78,000
Speaker 1 97,000
Record Player 2 Obsolete
Tape Recorder 2 2,400,000
Chair 1 6,800
Table 1 12,600
Tape Recorder 1 750,000
Curtain 4 12,300
Waste Paper Basket 1 900
Pencil Sharpener 1 1,800
Tape Recorder 6 Obsolete
Curtain 2 5,500
TV STUDIO
Blue Board Set 1ST 43,700
Camera 2 21,200,000
Camera 1 6,000,000
Desk Set 1ST 53,000
Headset 3 220,000
Light Unit 1 200,000
Light Unit 3 600,000
Light Unit 5 1,000,000
Microphone 3 618,000
Cue Light 1 35,000
Monitor 1 516,000
Monitor 1 450,000
Scafold 1 440,000
Stage Elements 16PC 46,000
Tablestand 3 118,000
Tripod 2 2,360,000
Tripod 1 1,200,000
View Finder 3 3,200,000
Chair 4 27,700
Curtain 14PC 84,000
TV CONTROL
Chair 2 39,300
Desk 1 152,000
Table 2 68,000
Camera 1 Obsolete
Camera Adaptor 2 688,000
Camera Adaptor 2 360,000
Camera Adaptor 3 1,600,000
Camera Cont Unit 3 3,900,000
Chroma Keyer 1 2,950,000
Computer 2 300,000
Desk Mixer 1 225,000
Distributor 1 472,000
Edit Unit 1 1,800,000
Effects Generator 1 3,150,000
Light Timmer 1 118,000
Speaker 1 250,000
Camera 1 3,300,000
Audio Mixer 1 Obsolete
Modulator 2 1,200,000
Monitor 1 295,000
Monitor 1 500,000
Monitor 1 450,000
Monitor 2 800,000
Monitor 2 800,000
Osc. Scope 1 1,800,000
Monitor 1 500,000
Audio Jack 1 78,000
Rack Double 1 1,100,000
Rack Single 1 550,000
Rack Triple 1 1,650,000
Record Player 1 Obsolete
Repro. Stand 1 275,000
Tape Recorder 1 1,200,000
A/V/Selector 5 1,500,000
TBC 2 7,000,000
Trolly 3 400,000
VCR 3 12,000,000
Vect. Scope 1 2,600,000
VHS 1 300,000
Video Amplifier 4 1,100,000
Vision Mixer 1 9,000,000
Cooler 2 120,000
Headset 2 96,000
Waste Paper Basket 1 900
EDIT/ROOM
Chair 2 11,500
Table 1 48,000
Edit Unit 1 1,700,000
Edit Unit 8 1 Obsolete
Monitor 1 1,000,000
Monitor 2 500,000
Rack Double 1 1,100,000
Rack Single 1 550,000
VCR 1 8,000,000
VCR-V8 2 Obsolete
VHS 1 Obsolete
VHS 2 1,000,000
Ashtray 1 900
OBS STORE ROOM
AC Adaptor 1 540,000
AC Adaptor 2 980,000
AC Adaptor 1 49,000
AC Adaptor 2 500,000
AC Adaptor 5 1,720,000
Audio Mixer 1 1,000,000
Audio Mixer 1 780,000
Battery Adaptor 5 900,000
Battery Adaptor 2 360,000
Battery Pack 2 Obsolete
Belt Battery Pack 2 Obsolete
Camcorder Hi8 2 1,800,000
Camera 1 2,000,000
Camera 1 1,700,000
Camera 1 2,800,000
Cassette Recorder 6 1,560,000
Battery Charger 3 1,000,000
Battery Charger Hi8 2 740,000
Battery Charger 3 1,000,000
Battery Charger 2 Obsolete
Colour Adaptor 1 230,000
Floodlight 1 Obsolete
Floorstand 2 93,000
Headphone 1 160,000
Headset 2 58,000
Headset 4 120,000
Headset 2 Obsolete
Headset 4 116,000
Headset 2 26,000
Lightstand 4 510,000
Lightstand 2 1,000,000
Microphone 4 825,000
Microphone 1 112,000
Microphone 1 90,000
Microphone 5 590,000
Microphone 5 980,000
Microphone 5 640,000
Microphone 1 330,000
Microphone 1 Obsolete
Quarzlight 2 200,000
RDS Light 3 400,000
Spotlight 6 885,000
Tablestand 5 236,000
RF Adaptor Hi8 2 215,000
Tape Recorder 1 835,000
Tape Recorder 1 7,800,000
Tape Recorder 3 1,500,000
Tape Recorder 3 600,000
TECHNICAL STORE
Tripod 1 Obsolete
Tripod 2 Obsolete
Tripod 5 5,800,000
Tripod 2 Obsolete
Tripod 2 2,300,00
Tripod 3 1,800,000
VCR 2 Obsolete
Viewfinder 1 470,000
Viewfinder 8 1,000,000
Tablestand 4 144,000
Microphone shiled 3 29,000
Microphone Clip 5 14,000
Locker 1 90,000
Shelf 3 210,000
Shelf 1 69,000
Workbench 1 44,000
Desk 1 22,000
Wall Fan 1 13,000
Mains extension 5M 5,000
TECHNICAL STORE OFFICE
Desk 1 43,000
Chair 1 7,300
Keytreasure 1 9,000
Magn. Tape Wiper 1 118,000
Pencil Sharpener 1 2,600
Assorted A/V Cables 1 Lot 98,000
TECHNICAL STORES
Drawer 2 43,000
Battery Charger 1 300,000
Drilling Machine 2 245,000
Drilling Machine 1 117,000
Heater 5 26,000
Pliers 2 31,000
Projector Synchroniser 2 39,000
Television 1 60,000
Television 3 360,00
Television 3 1,000,000
Television 1 Obsolete
VHS 3 1,500,000
Copier 1 Obsolete
Ladder 1 10,000
Tools Box 1 184,000
Assort. A/V Cables 1 Lot 98,000
Camera Adaptor 1 182,000
Car Battery Adaptor 2 354,000
AF Oscillator 1 Obsolete
Amplifier 1 Obsolete
Bridgemeter 1 Obsolete
Cassette Recorder 1 100,000
Cassette Recorder 1 60,000
Distortion Metre 1 290,000
Edit Unit 1 1,500,000
Microphone Hold 9 300,000
M. Watts Meter 1 Obsolete
Oscilloscope 1 Obsolete
Electronic Lettering Machine 1 200,000
Projector 2 1,200,000
Projector 1 500,000
Speaker 4 700,000
Speaker 1 190,000
Transformer 1 62,000
Turn Table 1 440,000
VCR 1 Obsolete
VCR 1 1,800,000
VCR 1 Obsolete
A/V Switcher 1 340,000
Audiomixer 1 1,000,000
Visionmixer 1 2,800,000
Video Projector 1 7,300,000
Screen 2 215,000
Shelf 9 638,000
Transformer DC to AC 1 414,000
Tapedeck 2 480,000
Tapedeck 1 175,000
Circuit Board Maker 1 65,000
Mechanical Tools Box 1 13,000
Carpentry Box 1 200,000
Cabinet 1 34,000
Lens 1 800,000
Hightension Probe 5 4,400
Lettering Machine 1 2,000
Video Spare 1 Lot 100,000
MAINTENANCE SHOP
Fan 1 9,800
Audio Generator 1 440,000
Audio Test Set 1 660,000
Work Bench 3 132,000
Buffer cct 1 98,000
DC Supply 1 412,000
Distortion Meter 1 665,000
Isolation 1 115,000
Transformer Lamp 2 500,000
Levelmeter 1 200,000
Oscilloscope 1 2,300,000
Tool Box 2 1,000,000
Transistor Tester 1 665,000
Video Generator 1 660,000
Heater 1 7,000
FM/AM Tuner 1 325,000
Amplifier 1 307,000
Speaker 1 100,000
Magnifier Glass 1 118,000
Locker 1 69,000
Desk 1 21,000
Pencil Sharpener 1 2,600
Wall Clock 1 11,000
Shelf 1 21,000
Spare Bins 20PC 49,000
Chair 3 20,000
Puncher 1 3,000
PLANT AND EQUIPMENT
Air Conditioner 2 8,000,000
Plant Chillers 2 4,000,000
Air Conditioner Plant 1 2,600,000
Pump Motor 1 299,000
Pump Motor 1 420,000
Booster Tank 1 316,000
Watertank 1 500,000
AUDIO VISUAL ARCHIVES
Chair 1 7,000
Table 1 18,000
Shelf 7 425,000
Curtain 2 4,300
Waste Paper Basket 1 1,800
TECHNICAL CO-ORDINATOR OFFICE
Cabinet 2 43,000
Chair 3 46,000
Desk 1 10,000
Shelf 1 13,000
Table 1 29,000
Table 2 46,000
Blinder 1 97,000
Trolly 1 14,000
Waste Bin 1 900
Puncher 1 4,500
Wiretray 2 3,900
BROADCAST CO-ORDINATOR'S OFFICE
Chair 1 10,000
Chair 2 13,000
Desk 2 97,000
Cabinet 1 22,000
Kettle 1 10,000
Pencil Sharpener 1 2,200
Chair 1 2,900
Waste Basket 1 900
Locker 1 70,000
SUB TOTAL TECHNICAL UNIT 1 227,318,500
SECTION "E" PHOTOGRAPHIC UNIT
DARK ROOM
Cabinet 1 19,000
Chair 1 6,800
Desk (lab) 2 50,000
Table 1 19,000
Colour Processor 1 634,000
DC Supply 1 280,000
DC Supply 1 244,000
Enlarger 4 520,000
Film Drier 1 48,000
Fridge 1 590,000
Light 1 65,000
Lightbox 1 40,000
Print Drier 1 152,000
Processor 1 110,000
Safe Light 3 58,000
Metal Stand 1 16,000
Timer 2 64,000
Heater 1 6,000
Spirals 7 7,300
Processing Wash Basin 9 27,700
Measure Jars (medium) 5 14,600
Measure Jars (small) 12 16,600
Processing Drum (small) 2 5,800
Processing Drum (big) 4 20,400
SUB TOTAL PHOTOGRAPHIC UNIT 3,014,200
SECTION "F" THE HOSTEL
KITCHEN
Cupboard 1 19,000
Table 1 13,000
Air Conditioner 1 131,000
Coffee Machine 1 226,000
Cooker 2 689,000
Deep Freezer 1 632,000
Fridge 1 588,000
Fridge 1 407,000
Heater 1 5,000
Radio Cassette 1 60,000
Washing Machine 1 588,000
Kettle 1 32,000
Chair 1 7,300
Vacuum Cleaner 1 35,000
Calculator 1 13,000
Search Torch 2 1,800
Keytreasure 1 147,000
Door Rug 1 2,000
Floor Polisher 1 22,500
KITCHEN UTENSILS
Plastic Basin 3 2,600
Washing Basin Metal 1 3,600
Salad Bowl (large) 24 22,000
Salad Bowl (small) 7 6,500
Sugar Bowl 4 6,800
Plastic Bucket 4 3,900
Fork 38 33,800
Water Glass 27 12,500
Milk Jar 2 1,800
Water Jar 4 3,900
Kitchen Knife 3 5,000
Table Knife 41 6,500
Baking Pan 4 10,400
Frying Pan (large) 3 13,000
Frying Pan (small) 1 2,600
Dining Plate (large) 23 42,000
Dining Plate (medium) 5 7,800
Side Plate 4 3,900
Pot (large) 4 36,400
Pot (medium) 8 36,400
Pot (small) 2 7,000
Salt Seller 3 1,300
Saucers 29 26,000
Sieves 2 1,800
Kitchen Spoon 3 5,200
Table Spoon 22 10,400
Tea Spoon 9 1,200
Cooking Stick 3 650
Tea Strainer 3 2,600
Tea Cup 17 10,400
Tea Pot 4 10,400
Ashtray 4 3,900
Food Tray 2 1,800
Whiskers 5 9,000
Frying Ladle 3 5,200
Wine Opener 1 -
Baking Brush 4 900
Baking Pan (Scon) 113 20,800
Baking Pan (Bread) 12 32,500
Potato Peeler 1 650
Vegetable Tray 2 5,200
Chess Board 1 3,900
Badminton Set 1 3,900
Table Tennis Bat 3 16,000
DINING ROOM
Chair 24 164,700
Table 5 107,800
Desk 2 19,000
Television 1 210,000
Curtain 5 10,000
Table Cloth 1 1,000
SITTING ROOM
Chair 4 27,700
Snooker Table 1 Obsolete
Darts Board 1 Obsolete
Lounge Suite 4PC 500,000
Coffee 2 46,000
Floor Rug 1 2,000
Door Mat 1 2,000
SLEEPING ROOMS
BED ROOM 1
Bed 2 44,000
Chair 1 7,300
Desk 1 10,000
Side Drawer 2 26,200
Wardrobe 1 43,700
Waste Paper Basket 1 4,400
Floor Rug 2 4,400
Curtain 2 4,400
Bath Towel 2 4,400
Bedsheet 4 11,600
Bedcover 2 8,700
Blanket 4 5,800
Pillow 2 2,000
Pillowcase 2 1,500
Mattress 2 39,000
BED ROOM 2
Bed 3 66,000
Chair 3 19,000
Desk 3 29,000
Sidedrawer 2 26,200
Wardrobe 2 87,500
Waste Paper Basket 1 4,400
Floor Rug 3 5,800
Curtain 4 8,700
Bath Towel 3 5,800
Blanket 6 29,000
Bedsheet 6 19,000
Bedcover 3 11,600
Pillow 4 4,400
Pillowcase 3 2,300
Mattress 3 58,500
BED ROOM 3
Bed 1 22,000
Chair 1 7,300
Desk 1 9,900
Side Drawer 1 13,100
Wardrobe 1 43,700
Waste Paper Basket 1 4,400
Floor Rug 1 2,000
Curtain 2 2,000
Bath Towel 1 2,000
Bedsheet 2 5,800
Blanket 2 10,000
Bedcover 1 3,000
Pillow 1 1,000
Pillowcase 1 750
Mattress 1 19,500
BED ROOM 4
Bed 1 22,000
Chair 1 7,300
Desk 1 10,000
Sidedrawer 1 13,100
Wardrobe 1 43,700
Waste Paper Basket 1 4,400
Floor Rug 1 2,000
Curtain 2 4,400
Bath Towel 1 2,000
Bedsheet 2 5,800
Blanket 2 10,000
Bedcover 1 4,400
Pillow 1 1,000
Pillowcase 1 750
Mattress 1 19,500
WASH ROOM 2
Plastic Curtain 2 2,000
Plastic Mat 2 1,000
Toilet Rug 2PC 4,400
Bathroom Rug 2 4,400
Curtain 1 2,000
LINEN CUPBOARD
Bedsheet 14 42,000
Pillow 15 15,000
Pillowcase 6 4,500
Bedcover 18 78,300
Bath Towel 5 11,000
Kitchen Towel 18 17,500
Table Cloth 5 4,500
Curtain 4 8,000
Toilet Rug 3 SET 17,500
HOSTEL GARDEN
Chair 2 13,000
Desk 2 20,000
Bench 1 60,000
Booster Pump 1 434,000
Water Tank 1 960,000
Wheelbarrow 1 3,000
Sprinkler 1 1,300
Hosepipe 50m 6,500
Garden Spade 1 900
Garden Rake 1 520
Shovel 1 520
Mbaula 2 1,800
SUB TOTAL THE HOSTEL 8,545,940
SECTION "G"
NEW ITEMS WHICH WERE BOUGHT AFTER 1993
VALUATION REPORT
DIRECTOR'S OFFICE
Wall Clock 1 25,000
SECRETARY'S OFFICE
Computer, Monitor and Printer 1 2,000,000
Painting 1 80,000
Tea Set 15 pieces 25,000
Tea Set 24 pieces 22,500
Stainless Steel Set 4 pieces 54,000
Tumbler Set 6 pieces 7,000
Tea Towels 2 3,000
CASHIER'S OFFICE
Combination Locker 1 350,000
CAFETERIA KITCHEN
Fridge 1 600,000
TRANSPORT
Toyota Super Crown AAJ8056 1 14,000,000
DEPUTY DIRECTOR'S OFFICE
Computer 1 1,200,000
TRANSPORT MAINTENANCE OFFICE
Computer 1 1,200,000
Printer 1 1,000,000
CONFERENCE ROOM
Air Conditioner 1 5,625,000
LIBRARY
New Books 1,123 8,200,000
TV CONTROL
Audiomixer 1 4,500,000
Digital Multi Effects Generator 1 3,806,250
TV STUDIO
Lounge Suite 2 3,500
Lounge Suite 1 400,000
HOSTEL
Curtains 1 lot 400,000
SUB TOTAL FOR NEW ITEMS 43,551,850
SECTION "H" SUMMARY
Moveable Assets
Sub Total of Section "A" Administration = K39,321,800
Sub Total of Section "B" Training = K34,619,500
Sub Total of Section "C" Transmission
Hall (Store Room) = K6,106,200
Sub Total of Section "D" Technical Unit = K227,318,500
Sub Total of Section "E" Photographic Unit = K3,014,200
Sub Total of Section "F" the Hostel = K8,545,940
Sub Total of Items Bought After 1993
Valuation Report = K43,551,850
K362,477,990
K362,477,990
Immovable Assets
Institute Buildings = K360,000,000
Hostel = K70,000,000
K430,000,000
GRAND TOTAL =
SECOND SCHEDULE
(Paragraph 3)
NAMES OF STAFF OF THE ZAMBIA INSTITUTE OF
MASS COMMUNICATIONS
TRANSFERRED TO THE TRUST
ARRANGEMENT OF SECTIONS
Section
1. Short title
2. Interpretation
3. Minister may issue licences to conduct pools
4. Unauthorised pools
5. Promoters of pools and agents of promoters to be licensed
6. Legalisation of ready money pool betting carried on by post
7. Saving
"licensee" means the holder of a valid licence issued under this Act;
"pool" means any competition organised for the gain of the promoter in
which for a monetary or other material reward the public are invited to
foretell the result of any race, game or event, and includes a pool
operated on the system known as a fixed odds betting pool on the result
of any race, game or event.
3. (1) The Minister may, in his discretion, issue a licence to any person Minister may
to promote a pool within the Republic or to act within the Republic in issue licences to
respect of pools promoted outside the Republic as the agent of the conduct pools
promoter thereof.
(2) The Minister may, in his discretion, attach conditions to any licence
issued under this section and, without prejudice to the generality of the
foregoing, such conditions may require the payment to the Government
by the licensee of fees and other moneys.
(3) A licence issued under this Act shall be valid for such period as may
be specified thereon:
Provided that the Minister may, if he thinks fit after due inquiry, cancel
any licence where he is satisfied that any of the conditions attached
thereto have been contravened.
(As amended by G.N. No. 304 of 1964)
4. (1) A pool promoted within the Republic by any person not being a Unauthorised
licensee shall be deemed to be an unauthorised pool. pools
(2) Any act or thing done within the Republic in respect of or in relation
to a pool promoted outside the Republic by a person who has not within
the Republic an agent licensed under this Act shall be deemed to have
been done in respect of or in relation to an unauthorised pool.
5. (1) No person shall carry on any business involving the receiving or Promoters of
negotiating of bets made by way of pool betting unless he is the holder pools and
of a valid licence as a pool promoter or pools agent issued under this agents of
Act. promoters to be
licensed
(2) Any person who contravenes the provisions of this section shall be
guilty of an offence and liable to a fine not exceeding fifteen thousand
penalty units or to imprisonment for a term not exceeding two years, or
to both
(3) Bets shall be deemed for the purposes of this section to be made by
way of pool betting whenever a number of persons make bets on terms
that the winnings of such of those persons as are winners shall be, or be
a share of, or be determined by reference to, the stake money paid or
agreed to be paid by those persons, whether the bets are made by means
of a totalisator, or by filling up and returning coupons or other printed or
written forms, or otherwise howsoever.
(As amended by Act No. 13 of 1994)
6. Section 1 of the Betting Act, 1853, of the United Kingdom, so far as Legalisation of
it relates to the opening, keeping or using of houses, offices, rooms or ready money
other places for the receipt of money, shall not apply in relation to pool pool betting
betting business carried on by the holder of a valid licence as a pools carried on by
promoter or pools agent issued under this Act. post
(As amended by S.I. No. 91 of 1965)
7. Nothing in this Act contained shall make illegal any betting by Saving
means of a totalisator in accordance with proviso (i) to subsection (2) of Cap. 87
section one hundred and seventy-five of the Penal Code, or by means of Cap. 166
the system known as a fixed odds betting pool where such pool is
promoted by a bookmaker licensed under the provisions of the Betting
Control Act.
CHAPTER 166
ARRANGEMENT OF SECTIONS
Section
1. Short title
2. Interpretation
3. Establishment of Board
4. Issue of licences
5. Prohibition against unlicensed bookmaking
6. Application for licences
7. Examination and determination of licence applications by
Board
8. Imposition of conditions by Board
9. Procedure where bookmaker fails to pay betting debts arising
from betting transactions
10. Requirements of licences
11. Suspension, cancellation and variation of licence
12. Duration and renewal of licences
13. Transfer of licensed premises
14. Licence fees
15. Prohibition against touting
16. Prohibition against liquor on licensed premises
17. Prohibition against playing games of chance
18. Authorisation of bookmaking at race meetings
19. Closure of licensed premises on race days
20. Enforcement of betting debts
21. Police powers of entry
22. No betting with persons under eighteen
23. Submission of bookmakers' accounts
24. Licences not to be transferred
25. No betting on elections
26. Appeals
27. Non-application of provisions of Penal Code relating to
common betting houses
28. Regulations
CHAPTER 166
BETTING CONTROL
An Act to make provision for the establishment of a Betting Control and 27 of 1957
Licensing Board; to provide for the licensing of bookmakers and betting 5 of 1963
premises; to provide for the general improvement of control over 13 of 1974
bookmaking and betting practices in Zambia; and to provide for matters 4 of 1976
incidental to or connected with the foregoing. 24 of 1977
[17th January, 1958] 7 of 1984
8 of 1988
30 of 1989
22 of 1990
4 of 1992
5 of 1993
1 of 1994
13 of 1994
Government
Notices
304 of 1964
497 of 1964
Statutory
Instrument
91 of 1965
1. This Act may be cited as the Betting Control Act. Short title
"the Board" means the Betting Control and Licensing Board established
under this Act;
"bookmaker" means any person who by way of business bets with
members of the public and includes any person operating a football
pool;
"race-course" means any place used for the purpose of holding a race
meeting;
(2) The chairman and members of the Board, other than public officers,
may at any time be required by the Minister to resign from the Board.
(3) The chairman and members of the Board, other than public officers,
shall be paid out of moneys appropriated for the purpose by Parliament
such remuneration and allowances as the Minister may from time to
time determine.
4. (1) The Board may and is hereby authorised to issue licences in Issue of
accordance with the provisions of this Act and any regulations made licences
thereunder.
(2) Any licence issued under the provisions of this Act may be varied,
suspended, cancelled or made the subject of any condition by the Board
in accordance with the provisions of this Act and any regulations made
thereunder.
6. (1) Any person who desires to obtain a licence under this Act shall Application for
make application in writing to the Board in the prescribed form and licences
manner.
Provided that no licence shall be issued under this Act unless and until
the Board has satisfied itself that the applicant is a fit and proper person
to hold such a licence and that the premises in respect of which the
application is made are suitable for the purpose.
(2) In determining the amount of such security, the Board shall take into
account the known business of the applicant and the amount, if any, by
which such business may reasonably be expected to increase in the
ensuing year.
(3) The Board may at any time vary the amount of any security given in
terms of this section if it is satisfied that, having regard to the known
scale of business of the bookmaker concerned, such variation is
reasonable.
(5) In granting or renewing a licence under this Act, the Board may
attach such other conditions thereto as it thinks fit.
9. (1) In any case in which the Board is credibly informed that a Procedure
bookmaker has made default in the payment of any debt arising from where
any bookmaking transaction lawfully made under the provisions of this bookmaker fails
Act (hereinafter in this section referred to as a betting debt), the Board to pay betting
shall in writing request the bookmaker to furnish such information as the debts arising
Board may require within such period as the Board shall specify. from betting
transactions
(2) If it appears to the Board, on the information furnished by the
bookmaker under the provisions of subsection (1) or from information
otherwise acquired by it, that all or any of the security furnished in
accordance with the provisions of section eight is likely to be required to
pay the betting debts of the bookmaker, the Board shall, after
considering any representations made to it by the bookmaker, publish
once in the Gazette and once in a newspaper circulating in the area in
which the bookmaker carries on business a notice-
(a) stating that the security furnished under the provisions of section
eight will be realised and applied, subject to the provisions of this
section, to the payment of the betting debts of the bookmaker;
(3) Subject to the provisions of subsection (4), the Board shall pay any
debts in respect of which it has received notice in terms of this section
and which it is satisfied are due to the claimant.
(4) In any case in which the amount furnished as security under the
provisions of section eight is inadequate to pay the betting debts referred
to in subsection (3), the Board shall make pro rata payments of such
debts.
(5) Nothing in this section shall preclude any person from recovering, in
terms of section twenty, a betting debt or part thereof which is not
satisfied under the provisions of this section.
(No. 5 of 1963)
10. Every licence issued under this Act shall state the precise location Requirements
and extent of the premises, if any, to which it relates and shall be of licences
endorsed with every condition imposed by the Board in accordance with
this Act.
11. (1) The Board may at any time during the subsistence of a licence Suspension,
issued under this Act for good cause suspend or cancel such licence, or cancellation and
vary any conditions imposed in relation to such licence at its discretion. variation of
licence
(2) The Board shall not suspend for more than seven days nor cancel
any licence under the powers conferred by subsection (1) without giving
the bookmaker concerned reasonable opportunity to show cause why his
licence should not be so suspended or cancelled.
12. (1) Every licence issued or renewed after the 1st January, 1963, Duration and
under this Act shall terminate on the 30th June which next occurs renewal of
following the issue or renewal of such licence. licences
13. (1) Any licensed bookmaker who wishes at any time to transfer the Transfer of
conduct of his business to premises other than those authorised in terms licensed
of his licence may apply to the Board for authority so to do. premises
14. Every bookmaker licensed under this Act shall be required to pay Licence fees
at the time of the issue of his licence a fee of one thousand fee units in
the case of a first issue of a licence and five hundred fee units in the case
of each renewal thereof.
(As amended by Act No. 1 of 1994, 4 of 1992, 5 of 1993
and 13 of 1994)
15. (1) No person shall, except within licensed betting premises or at an Prohibition
authorised race meeting, tout or otherwise personally solicit the against touting
patronage of members of the public with any bookmaker.
(2) Any person who contravenes the provisions of subsection (1) shall
be guilty of an offence and shall be liable upon conviction to a fine not
exceeding fifty penalty units.
(As amended by Act No. 30 of 1989 and 13 of 1994)
16. Any person who shall upon any licensed betting premises sell or Prohibition
supply or consume or permit the sale or supply or consumption of any against liquor
alcoholic liquor shall be guilty of an offence and shall be liable to a fine on licensed
not exceeding two hundred and fifty penalty units. premises
(As amended by Act No. 30 of 1989)
17. Any person who shall permit upon any licensed betting premises Prohibition
the playing of any game of chance shall be guilty of an offence and shall against playing
be liable to a fine not exceeding one hundred and fifty penalty units. games of
(As amended by Act No. 30 of 1989 and 13 of 1994) chance
18. (1) The promoters of any race meeting shall, if they desire Authorisation
bookmakers to be permitted to carry on business at such race meeting, of bookmaking
apply to the Inspector General of Police for a permit for that purpose. at race meetings
19. (1) No licensed betting premises shall be open for the transaction of Closure of
business and no person shall make any bet in any licensed betting licensed
premises at any time between half an hour before the advertised time of premises on
the start of the first race and the advertised time of the start of the last race days
race of any authorised race meeting which takes place within ten miles
of such licensed betting premises.
(2) Any person who contravenes the provisions of subsection (1) shall
be guilty of an offence and shall be liable to a fine not exceeding one
hundred penalty units.
(As amended by Act No. 30 of 1989 and 13 of 1994)
20. It is hereby declared that any debt arising from any betting Enforcement of
transaction lawfully made under the provisions of this Act may be betting debts
enforceable before the courts of Zambia in the same manner as any other
civil debt.
21. (1) Any police officer above the rank of Sub Inspector may, at any Police powers
time during which the premises are open for business, enter any licensed of entry
betting premises and may during any race meeting enter the race-course
for the purpose of general police supervision and may eject any drunken,
noisy or disorderly persons found on such premises or race-course.
(2) Any person who resists, hinders or obstructs any police officer in the Obstruction of
exercise of his powers under this section shall be guilty of an offence Police
and shall be liable to a fine not exceeding five hundred penalty units or
to imprisonment not exceeding three months.
(As amended by Act No. 24 of 1977, 30 of 1989 and 13 of 1994)
22. (1) No bookmaker and no servant or agent of any bookmaker shall No betting with
make or permit to be made any bet with any person under the age of persons under
eighteen. eighteen
(3) Any person who contravenes the provisions of this section shall be
guilty of an offence and shall be liable to a fine not exceeding five
hundred penalty units.
(As amended by Act No. 30 of 1989 and 13 of 1994)
23. The Board may at any time and shall, not less frequently than once Submission of
in every twelve months, require a licensed bookmaker to submit to the bookmakers'
Board a properly audited statement of the bookmaker's accounts. accounts
24. No licence issued under this Act shall be transferable to any Licences not to
person, and any person who shall transfer or purport to transfer a licence be transferred
shall be guilty of an offence and shall be liable to a fine not exceeding
two thousand penalty units.
(As amended by 30 of 1989 and 13 of 1994)
25. (1) No bookmaker shall bet with any person on the results of any No betting on
election of persons to the National Assembly or to any public authority elections
in Zambia.
(2) Any person who contravenes the provisions of this section shall be
guilty of an offence and shall be liable to a fine not exceeding one
thousand penalty units.
(As amended by S.I. No. 91 of 1965 and 30 of 1989)
26. Any person aggrieved by a decision of the Board made under this Appeals
Act may appeal to the Minister.
(As amended by G.N. No. 304 of 1964)
27. Nothing in the Penal Code relating to the opening, keeping or use Non-application
of common betting houses shall be deemed to apply to any licensed of provisions of
bookmaker lawfully acting under the provisions of this Act. Penal Code
relating to
common betting
houses.
Cap. 87
28. The Minister may, by statutory instrument, make regulations- Regulations
(a) prescribing the form in which any application or other
documents made under this Act shall be made;
(b) regulating the procedure to be followed in the making of any
application for the issue, renewal or variation of a licence under this Act;
(c) regulating the procedure to be followed by the Board in
exercising any powers conferred upon it by this Act;
(d) providing for the advertisement of any application for a licence
under this Act and of any proceedings of the Board to consider and
determine any such application;
(e) providing for the right of any person interested to object to an
application for the issue, renewal or variation of a licence under this Act,
and for the form and manner of any such objection;
(f) prescribing the form and manner in which statements of a
bookmaker's accounts shall be furnished to the Board in accordance
with section twenty-three;
(g) generally for the carrying into effect of the purposes of this Act.
(As amended by G.N. No. 304 of 1964)
SUBSIDIARY LEGISLATION
BETTING CONTROL
THE BETTING CONTROL REGULATIONS
[ARRANGEMENT OF REGULATIONS]
Regulation
1. Title
2. Interpretation
3. Form of application
4. Time for submission of application
5. Further particulars
6. Advertisement of application
7. Objections
8. Applicant to be informed of objection
9. Notice of meeting of Board
10. Objectors may be present or represented at the hearing
11. Power to take evidence on oath
12. Chairman to preside
13. Meetings to be held in public or in private
14. Procedure
15. Renewal of a licence
16. Procedure on renewal or variation of a licence
17. Form of licence
18. Application to Inspector General of Police
19. False statement
SCHEDULE-Prescribed forms
4. Every such application shall be submitted to the Board at least forty Time for
days before the date upon which it is desired to commence a submission of
bookmaking business. application
5. On receipt of any such application, the Board shall satisfy itself that Further
the particulars required are set out with sufficient clarity and may return particulars
the application for amplification or amendment.
6. On receipt of any such application, the Board shall forthwith, at the Advertisement
expense of the applicant, advertise the same in the Gazette and one local of application
newspaper.
7. Any person who wishes to object to the issue of a licence shall make Objections
such objections in writing to reach the Board within twenty-one days of
the publication of the advertisement in accordance with regulation 6 and
shall set out the grounds therefor.
9. At least ten days before considering any application for a licence, Notice of
the Board shall give notice of the meeting of the Board at which any meeting of
such application is to be considered, in such manner as it deems fit. Board
12. The chairman shall preside at all meetings at which he is present. In Chairman to
the absence of the chairman, the members shall elect one of their preside
number to preside.
13. At any meeting the Board may decide either that the proceedings or Meetings to be
any part of them shall be held in public or in private at its discretion. held in public or
in private
14. Every meeting of the Board shall be held in accordance with the Procedure
procedure set out in these Regulations and in default of any prescribed
provision the procedure
17. Every licence issued under these Regulations shall be in Form 3 set Form of licence
out in the Schedule.
18. The promoters of any race meeting who desire to obtain permission Application to
from the Inspector General of Police for bookmakers to be permitted to Inspector
carry on business at such race meeting shall apply for such permission to General of
the Inspector General of Police
19. Any person who makes a false statement in any application for a False statement
licence made, or a renewal or variation thereof, shall be guilty of an
offence and shall be liable on conviction to a fine not exceeding seven
hundred and fifty penalty units or to imprisonment for a period not
exceeding three months, or to both.
(As amended by Act No. 13 of 1994)
SCHEDULE
PRESCRIBED FORMS
FORM 1
(Regulation 3)
Telephone number
2. Place of birth
Date of birth
Passport number ......................... Office of issue
Period of residence in Zambia
Date of original entry into Zambia
Periods of residence in other countries
Telephone number
2. I certify that the particulars submitted by me in Form 1
(Application for a Bookmaker's Licence) on (insert date)
are still correct with the exception of the changes set out below
(state address)
is hereby authorised to carry on the business of a bookmaker at
or at any race meeting authorised in terms of section 18 of the Betting
Control Act.
This licence is issued in terms of the Betting Control Act upon the
conditions set forth overleaf and shall terminate on the 30th June,
19 ........
Chairman,
The Betting Control and Licensing Board
Date of issue .....................
Fee paid ............................
CONDITIONS
FORM 4
(Regulation 18)
THE BETTING CONTROL ACT
Designation
For and on behalf of.
CHAPTER 167
ARRANGEMENTS OF SECTIONS
PART I
PRELIMINARY
Section
1. Short title
2. Interpretation
3. Non-application
PART II
TYPES OF LICENCES
4. Types of licences
5. Wholesale liquor licence
6. Retail liquor licence
7. Bar licence
8. Hotel liquor licence
9. Private hotel liquor licence
10. Restaurant licence
11. Railway restaurant car licence
12. Passenger vessel licence
13. Airport licence
14. Theatre licence
15. Temporary licence
15A. Club licence
16. Restricted licences
16A. Prohibition of the grant of licences
PART III
ESTABLISHMENT AND POWERS OF LICENSING
BOARDS
PART IV
TRANSFER AND REMOVAL OF LICENCES
PART V
LICENCE REGISTERS
PART VII
GENERAL PROVISIONS REGULATING SALE OF
INTOXICATING LIQUOR
PART IX
SUPPLEMENTAL
Section
69. Closing of premises in case of riot
70. Forfeiture of licence by the Minister
71. Disposal of stock in hand where a licence is forfeited
72. Power to require structural alterations
73. Restrictions on carrying on other business
74. Sale of tobacco, etc.
75. Proof of licences, etc.
76. Evidence of sale, etc.
77. Right of police officers to enter premises
78. Search warrant
79. Offences and forfeitures
80. Notice of conviction of licensee to be given to owner
81. Temporary licence pending appeal
82. Powers of Minister
83. (Repealed by No. 47 of 1970)
SCHEDULE-Prescribed fees
PART I PRELIMINARYPART I
PRELIMINARY
1. This Act may be cited as the Liquor Licensing Act. Short title
"bar", in relation to any licensed premises, means any open drinking bar
or any part of such premises exclusively or mainly used for the sale and
consumption of intoxicating liquor;
"hotel" includes a boarding-house and any building or premises used for Cap. 153
the accommodation of the public in which lodgings are provided and
provisions are supplied by the keeper or manager thereof, but does not
include any Government rest house nor any school nor any premises
exempted from the provisions of the Hotels Act;
"intoxicating liquor" includes any spirits, wine, ale, beer, porter, cider, Cap. 168
perry, or other potable liquor containing more than three per centum of
proof spirits, but does not include traditional beer as defined in the
Traditional Beer Act;
(b) in any other area, the District Secretary for the District in which
such area is situate;
"officer in charge of police" has the meaning assigned to it by section Cap. 107
two of the Zambia Police Act;
"restricted licence" means a licence which does not permit the sale of
spirits;
(c) the sale of intoxicating liquor on any aircraft in flight over the
Republic in the course of a normal passenger service.
(a) the sale of intoxicating liquor by any person acting under the
order of a court or selling any such liquor forfeited to the Government;
(e) the sale of intoxicating liquor, in any canteen approved for such
purpose by the Minister, to members of the Zambia Police Force,
Defence Force or Zambia Prison Service.
(As amended by S.I. No. 91 of 1965 and 11 of 1976)
PART II
TYPES OF LICENCES
4. (1) The following licences may be granted under the provisions of Types of
this Act: licences
5. (1) A wholesale liquor licence shall authorise the sale, on the Wholesale
licensed premises for resale or consumption off such premises, of liquor licence
intoxicating liquor-
(a) in the case of whisky, brandy or gin, in any quantity of not less
than two gallons;
(b) in the case of wine, ale, beer, porter, cider or perry, in any
quantity of not less than two gallons;
(c) in the case of any other intoxicating liquor, in any quantity of not
less than two gallons;
sold and delivered at any one time to any one person:
Provided that such licence shall not authorise the sale of intoxicating
liquor otherwise than in casks or in sealed bottles or other sealed vessels.
6. (1) A retail liquor licence shall authorise the sale, on the licensed Retail liquor
premises for consumption off such premises, of intoxicating liquor in licence
any quantity:
Provided that such licence shall not authorise the sale of intoxicating
liquor otherwise than in casks or in sealed bottles or other sealed vessels.
7. (1) A bar licence shall authorise the sale on the licensed premises of Bar licence
intoxicating liquor, in any quantity, to be consumed in or upon such
premises.
(2) Intoxicating liquor may only be sold under a bar licence between the
hours of ten o'clock in the morning and half-past ten o'clock in the
evening.
8. (1) An hotel liquor licence shall authorise the sale, on the premises of Hotel liquor
an hotel for consumption in or upon such premises, of intoxicating licence
liquor in any quantity-
(a) to persons lodging at the hotel, at any hour of the day or night;
(b) to persons taking a meal in the hotel, at any hour of the day or
night if such liquor is consumed at such meal; and
(c) to any other person, between the hours of ten o'clock in the
morning and half-past eleven o'clock in the evening.
(2) An hotel liquor licence shall authorise the sale, on the premises of
the hotel at any hour of the day or night to a person who is lodging at the
hotel and who is about to make a journey of not less than thirty-two
kilometres, of intoxicating liquor for consumption during such journey
by such person or his family or both.
(As amended by No. 26 of 1963)
9. (1) A private hotel liquor licence shall authorise the sale, on the Private hotel
premises of an hotel for consumption in or upon such premises, of liquor licence
intoxicating liquor in any quantity-
(a) to persons lodging at the hotel, at any hour of the day or night;
(b) to persons taking a meal in the hotel, at any hour of the day or
night, if such liquor is consumed at such meal.
(2) A private hotel liquor licence shall authorise the sale, on the
premises of a private hotel at any hour of the day or night to a person
who is lodging at the private hotel and who is about to make a journey of
not less than thirty-two kilometres, of intoxicating liquor for
consumption during such journey by such guest or his family or both.
(No. 45 of 1961 as amended by No. 26 of 1963)
10. A restaurant licence shall authorise the sale, on the licensed Restaurant
premises, of intoxicating liquor in any quantity to any person taking a licence
meal in such premises at any hour of the day or night if such liquor is
consumed at such meal.
11. A railway restaurant car licence shall authorise the sale, on the car Railway
so licensed, of intoxicating liquor in any quantity for consumption on restaurant car
the train at any time in the day or night to any bona fide passenger on licence
such train.
12. (1) A passenger vessel licence shall authorise the sale, on the ship Passenger
or other vessel so licensed while engaged in carrying passengers, of vessel licence
intoxicating liquor in any quantity, for consumption on such ship or
vessel, at any hour of the day or night.
(2) Notwithstanding any other provision of this Act, no licence shall be
required for the sale on a passenger vessel of intoxicating liquor for
consumption on the vessel while in the waters or ports of the Republic,
if a licence for the sale of intoxicating liquor on such vessel granted
under the laws of any other Government is in force.
(ii) to any other person, between the hours of six o'clock in the Cap. 322
morning and half-past ten o'clock in the evening;
(b) the sale, at any hour of the day or night, of intoxicating liquor for
consumption off the premises to any person who is a bona fide
passenger in transit through or departing from the Republic on an
international flight, if the said intoxicating liquor is sold on such part of
licensed premises forming part of an international aerodrome as is
designated for such purpose by the Minister responsible for finance
pursuant to section one hundred and ninety of the Customs and Excise
Act, and if it is sold in such quantities and under such conditions as the
Minister responsible for finance, pursuant to the said section of the said
Act, may have prescribed.
(No. 6 of 1968)
14. A theatre licence shall authorise the sale, in any cinema or in any Theatre licence
other place or building of which a portion is used as a place of
entertainment, of intoxicating liquor for consumption on the licensed
premises to members of the audience, the staff and the players from one
half-hour before to one half-hour after any performance.
15. A temporary licence shall authorise the sale, on the premises Temporary
specified in the licence, of intoxicating liquor in any quantity for licence
consumption on the premises, at any place of recreation or public
amusement or other assembly for the period, not exceeding three days,
during which such recreation, amusement or assembly continues or for
any less period specified in the licence, subject to such restrictions and
conditions as to the hours during which intoxicating liquor may be
supplied or otherwise as may be inserted in the licence.
15A. (1) A club licence shall authorise the sale on club premises of Club licence
intoxicating liquor in any quantity to the members of the club or their
guests for consumption on or off the club premises:
16. (1) Any person applying for a licence other than a wholesale liquor Restricted
licence may, at his request and subject to the provisions of this Act, be licences
granted a restricted licence which shall not authorise the sale of spirits
but which shall otherwise have the effect of a licence of the type
granted.
16A. (1) A Board shall not grant a licence where the application for the Prohibition of
grant of the licence is in respect of premises within an area declared as a the grant of
prescribed area for that type of licence. licences
(2) In this section and in section eighteen 'prescribed area" means any
area declared by the Minister under section seventy-four to be a
prescribed area for one or more types of licences mentioned in
paragraphs (a) to (k), both inclusive, of subsection (1) of section four:
Provided that where the Minister has given the Board a direction in
writing to consider such an application, the Board may consider the
application and grant a licence.
(As amended by Act 4 of 1971 and 20 of 1972)
PART III
17. (1) Subject to the provisions of this Act and upon payment of the Grant and
appropriate fees, licences may be granted, renewed, transferred or renewal of
removed- licences
(c) in the case of a railway restaurant car licence, by the Board of the
Central Province; and
(d) in any other case, by the Board of the Province in which the
premises concerned are situate.
(2) The Minister may in any case or class of case, by Gazette notice,
remit the whole or any part of any appropriate fee due under this Act.
17A. (1) A Board shall not grant a licence where the application for the Prohibition of
grant of the licence is in respect of premises within an area declared as a grant of
prescribed area for that type of licence: licences
Provided that where the Minister has given the Board a direction in
writing to consider such an application, the Board may consider the
application and grant a licence.
(2) In this section, "prescribed area" means any area declared by the
Minister under section eighty-two to be a prescribed area for one or more
types of licences mentioned in paragraphs (a) to (k), both inclusive, of
subsection (1) of section four.
(No. 40 of 1971 as amended by No. 20 of 1972)
18. (1) There shall be established for each Province a Provincial Establishment
Licensing Board consisting of such persons, not exceeding five in of Boards and
number, as the Minister may from time to time, by Gazette notice, procedure at
appoint. meetings
(2) The Minister may nominate one of the members of a Board to be the
chairman thereof, but in the absence of such chairman from any meeting
of a Board the members present at such meeting shall choose a chairman
for that meeting from their number.
(3) Three members of a Board shall form a quorum and the chairman at
any meeting shall have a casting as well as a deliberative vote.
(d) any person who has been convicted, whether under this Act or
otherwise, of permitting to be kept, or keeping, as a brothel premises for
which at the time of such conviction he held a licence; or
(e) any person who has been disqualified by a court from holding a
licence while such disqualification remains in force.
(a) any person who does not reside wihin the Republic; or
(b) any person whose licence has been forfeited until after the
expiration of five years after the date of such forfeiture; or
(c) any person who has been convicted of an offence relating to the
sale of intoxicating liquor without a licence until after the expiration of
five years after the date of such conviction; or
(d) any person who has at any time been sentenced to imprisonment
for any period exceeding six months.
(4) No temporary licence shall be issued in respect of the premises of a Cap. 162
club registered under the Clubs' Registration Act except for the purposes
of a function to be held in the club in aid of charity or for the furtherance
of sporting or cultural activities forming part of the objects of the club:
Provided that, where the licensing authority is satisfied that there are no
other suitable premises available, it may at its discretion issue a
temporary licence in respect of any function to be held on the premises
of such club.
(As amended by No. 45 of 1961, No. 26 of 1963, No. 40 of 1971 and No.
20 of 1972)
20. (1) Every application for the grant of a licence shall be made in the Application for
prescribed form to the appropriate licensing authority. grant or renewal
of licence
(b) to the licensing authority which granted the original licence; and
(3) Any person making or causing to be made any false statement in any
application made under the provisions of this section shall be guilty of
an offence and shall be liable to a fine not exceeding three thousand
penalty units.
(4) A Board shall not consider an application for the grant or renewal of
a licence, other than a railway resturant car licence, unless it is satisfied
that the applicant has given at least twenty-one days' notice of his
intention to make such application.
21. Any person who intends to oppose an application for the grant, Notice of
renewal, transfer or removal of a licence shall give notice in writing of intention to
his intention to the applicant and to the licensing authority concerned, object
specifying in general terms the grounds of his opposition, and including
an address at which service of notices and other documents may be
made, not later than fourteen days after the last publication of the notice
referred to in subsection (4) of section twenty, and unless such notice of
intention has been so given the licensing authority shall not entertain
such objection.
(As amended by No. 35 of 1960 and No. 45 of 1961)
(2) A Board may refuse to grant or renew any licence, other than a
licence mentioned in subsection (1), upon any of the following grounds:
(a) that the premises concerned do not comply with the provisions
of any law for the time being in force; or
(b) that the grant or renewal of the licence would conflict with any
approved or proposed town plan or zoning area; or
(d) that the applicant is not a fit and proper person to hold a licence;
(f) in the case of an hotel liquor licence or a private hotel liquor Cap. 153
licence-
(i) that the hotel is not licensed under the provisions of the Hotels
Act;
(ii) that the premises in respect of which the application is made do
not include at least ten bedrooms for the accommodation of guests
where such premises are situate within a municipality or a township, or
at least five such bedrooms where such premises are situate elsewhere;
or
22A. (1) The President may at any time, by statutory instrument, Power of
revoke any licence granted under this Act and, notwithstanding anything President to
to the contrary in this Act contained, any licence so revoked shall expire revoke licences
upon the commencement of such statutory instrument.
23. (1) Where a Board is satisfied, on application made by any person Provisional
interested in any premises about to be constructed or in the course of grant of licence
construction for the purposes of being used as licensed premises, that
such premises would, if completed in accordance with the plans
deposited under this Act, be such that the Board would have granted a
licence of the type required in respect of such premises, the Board may
make a provisional grant of such licence for such premises.
(2) The provisions of this section shall not apply to a railway restaurant
car.
(a) shall have effect for a period of twelve months from the date
upon which such grant was made; and
(b) shall not be valid until the Board concerned has declared it final.
(a) that the premises have been completed in accordance with the
plans deposited; and
(b) that the holder of the provisional licence is not disqualified by
this or any other written law from holding a licence.
(5) No fee shall be payable upon the provisional grant of a licence but
the appropriate fee for the licence shall be paid upon the declaration of
such provisional grant as final.
(As amended by No. 26 of 1963)
24. Where on an application the Board has decided to grant or renew a Application to
licence and the appropriate fee for such grant or renewal has not been lapse in certain
paid within thirty days from the date upon which the Board has notified circumstances
the applicant of its decision, such application shall lapse.
(No. 35 of 1960)
25. (1) For the purposes of this Act, the renewal of a licence shall mean Renewal of
renewal subject to the same conditions as the original licence and licences
subject to any further conditions which may be imposed under the
provisions of this Act at the time of such renewal.
26. A licensing authority shall, at the request of an applicant other than Notification of
an applicant for a temporary licence, inform such applicant of the grounds of
grounds on which the grant or renewal of a licence has been refused or refusal, etc.
conditions have been imposed.
27. (1) A licensing officer may, in special circumstances and upon Extension of
payment of the appropriate fee, grant an extension of the hours during permitted hours
which intoxicating liquor may be sold on the premises of a licence
holder.
(2) No extension shall be granted under the provisions of this section in
respect of more than one period of twenty-four hours at any one time.
PART IV
28. (1) For the purposes of this Act, the transfer of a licence means the Transfer of
substitution, upon payment of the appropriate fee, of some other person licences
as licensee of premises in place of the person who holds or has held a
licence for such premises.
(2) A person applying for the transfer of a licence shall, not less than
fourteen days before such application is made, give notice in writing of
his intention to make such application to-
(a) the licensee where such application is not made by such licensee;
and
(b) the officer in charge of police in the area in which the licensed
premises are situate.
(3) The transfer of a licence shall not be granted except in the following
cases and to the following persons, that is to say:
(a) where the licensee has died, to his representative or the new
tenant or occupier of the premises;
(e) where the occupier of the licensed premises, being about to quit
them, has wilfully omitted or neglected to apply for a renewal of the
licence, to the new tenant or occupier of such premises;
(4) In a case arising under paragraph (f) of subsection (3), the licence
may be transferred, notwithstanding that it has been forfeited, as if it
were still valid.
29. (1) Where a licensee dies, or is adjudged bankrupt, or a trustee is Power to carry
appointed in pursuance of a composition or scheme to administer the on business
property or manage the business of a licensee, or a trustee is appointed after death, etc.,
under a deed of arrangement for the benefit of the creditors of a licensee, of licensee
section forty shall not prohibit the sale of intoxicating liquor by the
personal representatives or the trustee, as the case may be, during a
period of three months after such death, adjudication or appointment:
Provided that this section shall not exempt from the prohibition imposed
by the said section a sale that would not have been authorised if the
licence had been transferred to the representatives or the trustee.
30. (1) Where a person proposes to apply for the transfer of a licence to Protection order
him, the licensing officer of the District in which the licensed premises
are situate may, upon the application of such person and if such officer
is satisfied that the applicant is a person to whom the transfer of the
licence could be granted under the provisions of this Act, grant him
authority (hereinafter referred to as a protection order) to sell
intoxicating liquor as if he were the holder of the licence concerned.
(2) Where-
Provided that a protection order shall not be granted to the person whose
licence has been forfeited or who has become disqualified.
(4) A protection order shall remain in force for a period of three months:
Provided that, where application is made for the transfer of the licence
affected within the said period of three months and the licensing
authority adjourns consideration of such application, the said period
shall, if necessary, be extended to the date of the hearing of such
application.
(5) A licensing officer to whom application is made for a protection
order may examine on oath the applicant or any person giving evidence
before him.
(6) A protection order shall not be granted unless the applicant has, not
less than forty-eight hours before the application, given notice in writing
to the officer in charge of police in the area in which the licensed
premises are situate, signed by the applicant or his authorised agent, and
stating his name and address and his trade or calling during the six
months preceding the giving of the notice.
(8) There shall be payable, upon the grant of a protection order, the
appropriate fee.
(As amended by No. 17 of 1967)
31. (1) For the purposes of this Act, the removal of a licence means Removal of
taking the licence from the premises for which it is in force and licence
endorsing it for other premises within the same Province.
(4) There shall be payable, upon the grant of a removal of a licence, the
appropriate fee.
(5) A Board may make a provisional grant of removal of a licence to
premises about to be constructed or in the course of construction, and
the provisions of section twenty-three shall apply to such a provisional
grant as they apply to the provisional grant of a licence.
(6) The provisions of this section shall not apply to a railway restaurant
car licence, a passenger vessel licence or to a temporary licence.
PART V
LICENCE REGISTERS
33. (1) Every person applying for the grant, renewal or removal of a Registration of
licence shall state the name of the person for the time being entitled to owner
receive, either on his own account or as mortgagee or other
encumbrancer in possession, the rack-rent of the premises in respect of
which the application is made, and the licensing authority shall cause
such name to be entered in the register as the name of the owner of such
premises and such name shall be endorsed on the licence.
(3) Any reference in this Act to the registered owner of the premises
shall be construed as a reference to any person whose name is for the
time being entered in the register under the provisions of this section.
34. (1) Any register shall be received in evidence of the matters Register to be
required by this or any other written law to be entered therein. evidence
35. On any application for the grant, renewal, transfer or removal of a Regard to be
licence, the licensing authority concerned shall have regard to any had to register
entries in the register relating to the person by whom or the premises for
which the licence is to be held.
36. Any register shall be open to inspection by members of the public Inspection of
at all reasonable times upon payment of the appropriate fee: register
Provided that no public officer shall be required to pay any fee for
inspection of a register.
PART VI
APPEALS
37. (1) The Minister shall appoint an Appeal Tribunal consisting of a Establishment
chairman and two other members for the purpose of hearing appeals of Tribunal
under the provisions of this Act.
(2) Notice of any appeal under the provisions of this section shall be
given to the Tribunal within thirty days of the decision appealed against:
Provided that the chairman of the Tribunal may in his discretion extend
the time for giving notice of appeal.
(3) Upon the entry of any appeal under the provisions of this section, the
appellant shall pay the appropriate fee and a notice of appeal shall not be
deemed to have been given to the Tribunal until such fee has been
received by the secretary to the Tribunal.
(4) In any appeal under the provisions of this section, the parties thereto
shall be the appellant, any person who has validly taken objection to the
original application and who wishes to appear on such appeal, and the
licensing authority concerned, and no other person shall be entitled to be
heard on such appeal.
(5) An appellant in any appeal under the provisions of this section shall
serve on all persons who, by virtue of subsection (4), may be
respondents to such appeal copies of his notice and grounds of appeal.
(6) Any party to an appeal before the Tribunal may appear in person or
by counsel, and a Board may appear by counsel or by a member of the
Board nominated for such purpose by the chairman of the Board.
(b) shall have the power to take evidence on oath and to make such
other investigations as it may deem fit in assisting it to come to a
decision regarding any matter before it;
(c) may award to any party to an appeal such costs as the Tribunal
considers reasonable, and direct by what parties such costs are to be
paid, and any person failing to comply with the provisions of any order
made under this paragraph shall be guilty of an offence and shall be
liable to a fine not exceeding three thousand penalty units, and the costs
awarded may be recovered, from the party ordered to pay such costs by
the party to whom they were awarded, by civil action:
(10) The Tribunal shall hear and determine the matter of any appeal
brought before it and may make such order therein in addition to or in
substitution for the matter appealed against as it thinks fit, or may refer
the matter back to the licensing authority concerned with the directions
of the Tribunal which shall be binding on such authority.
39. (1) Any party to an appeal who is dissatisfied with the decision of Appeal to High
the Tribunal may appeal to the High Court on a question of law but not Court
on a question of fact, and notice of any such appeal shall be given to the
High Court within thirty days of the decision of the Tribunal.
(2) On the hearing of any appeal under the provisions of this section, the
High Court may allow the appeal and direct the licensing authority
concerned accordingly, or may dismiss the appeal, or may refer the
matter back to the Tribunal or the licensing authority for rehearing in
accordance with the directions of the High Court.
PART VII
40. (1) Subject to the provisions of this Act, if any person- Selling liquor
without licence
41. (1) Subject to the provisions of this Act, no person shall- Prohibition of
sale, etc., of
liquor except
during
permitted hours
(b) except during the permitted hours, consume in, or take from, or
permit any person to consume in or take from, any such premises any
intoxicating liquor:
Provided that intoxicating liquor sold during the per-mitted hours may
be consumed on the licensed premises up to-
(i) fifteen minutes after the conclusion of the permitted hours in the
case of intoxicating liquor sold under a bar licence; and
(ii) half an hour after the conclusion of the permitted hours in the
case of intoxicating liquor sold under an hotel liquor licence.
42. If the holder of a restricted licence has in his possession on the Liquor of kind
licensed premises any spirits without reasonable excuse, he shall be not authorised
guilty of an offence and shall be liable, on a first conviction, to a fine not by licence not
exceeding three hundred penalty units and, on a subsequent conviction, to be kept on
to a fine not exceeding six hundred penalty units, and in either case shall premises
forfeit such spirits and the vessels containing it.
43. (1) A person shall not, in pursuance of a sale by him of intoxicating Delivery of
liquor, deliver that liquor, either himself or by his servant or agent, from liquor
any van, barrow, basket or other vehicle or receptacle unless the person
delivering the liquor carries a delivery book or invoice in which there
has been entered, before the liquor was despatched, the quantity,
description and price of the liquor and the name and address of the
person to whom it was to be supplied.
(6) Any person guilty of an offence under the provisions of this section
shall be liable to a fine not exceeding nine hundred penalty units.
(As amended by Act No. 13 of 1994)
44. (1) Where a person, having purchased intoxicating liquor from Breach of terms
premises licensed under an off-licence, drinks such liquor- of off-licence
(2) If the holder of an off-licence with intent to evade the terms and
conditions of or attaching to such licence, takes, or suffers any person to
take, any intoxicating liquor from the licensed premises for the purpose
of its being sold on his account or for his benefit or profit, he shall be
guilty of an offence.
(3) For the purposes of subsection (2), if liquor is taken for the purpose
of its being drunk in any house, tent, shed or other building belonging to
the licensee, or hired, used or occupied by him, the burden of proving
that he did not intend to evade the terms and conditions of or attaching to
his licence shall lie upon him.
(4) Any person guilty of an offence under the provisions of this section
shall be liable, on a first conviction, to a fine not exceeding three
hundred penalty units and, upon a subsequent conviction, to a fine not
exceeding six hundred penalty units.
45. (1) If any person who is under the age of eighteen years or whose Persons under
licence has been forfeited under section seventy is employed in any bar eighteen years
of licensed premises at a time when the bar is open for the sale or not to be
consumption of intoxicating liquor, the licensee shall be guilty of an employed in
offence and shall be liable, on a first conviction, to a fine not exceeding bars
one hundred and fifty penalty units and, on a subsequent conviction, to a
fine not exceeding six hundred penalty units.
(2) For the purposes of this section, a person shall not be deemed to be
employed in a bar by reason only that in the course of his employment in
some other part of the premises he enters the bar for the purpose of
giving or receiving any message or of passing to or from some other part
of the premises, not being a bar, being a part to or from which there is no
other convenient means of access or egress.
46. (1) A licensee shall not knowingly sell or deliver, or allow any other Restriction on
person to sell or deliver, intoxicating liquor to a person under the age of sale, etc., of
fourteen years: liquor to
children
Provided that this subsection shall not prohibit the sale or delivery of
intoxicating liquor to any such person-
(b) in sealed vessels in quantities not less than 1.75 reputed litres for
consumption off the premises only.
(2) A person shall not knowingly send any person under the age of
fourteen years to any place where intoxicating liquor is sold or delivered
in pursuance of a sale for the purpose of obtaining intoxicating liquor
except for the purpose of obtaining it in sealed vessels in quantities not
less than one reputed pint for consumption off the premises only.
(3) This section shall not prohibit a licensee from delivering
intoxicating liquor to a person under the age of fourteen years who is a
member of his family or his servant or apprentice and is employed as a
messenger to deliver intoxicating liquor, or the sending of such a person
to the licensed premises to obtain intoxicating liquor.
47. (1) A licensee shall not knowingly sell, or allow any other person to Restriction on
sell, and a servant of a licensee shall not knowingly sell, intoxicating sale of liquor to
liquor to be consumed on the premises to a person under the age of young persons
eighteen years. for
consumption on
premises
(2) A person under the age of eighteen years shall not buy or attempt to
buy in licensed premises intoxicating liquor to be consumed by him on
the premises.
(3) Nothing in subsections (1) and (2) shall prohibit the sale to or
purchase by a person who has attained the age of sixteen years of
intoxicating liquor, other than spirits, for consumption at a meal in a part
of the premises usually set apart for the service of meals that is not a bar.
(a) allow any person under the age of eighteen years to consume
intoxicating liquor in any bar in the premises;
(b) allow any person under the age of sixteen years to enter or
remain in any such bar:
Provided that this paragraph shall not apply to any child under the Cap. 168
apparent age of three years, and actually carried by some other person,
who is in any place where traditional beer, as defined in the Traditional
Beer Act, is sold.
Provided that-
(i) if the liquor is sold or consumed at a meal supplied at the same
time and is consumed with the meal, and the liquor is paid for together
with the meal; or
(ii) if the liquor is supplied to the order of any person actually
boarding or residing in the premises;
no offence shall be committed under this subsection.
49. (1) If any person makes or uses, or allows to be made or used, any Communication
internal communication between licensed premises and any premises, between
other than licensed premises, used as a place of public resort or as a licensed
refreshment house, he shall be guilty of an offence, and shall be guilty of premises and
a further offence for every day on which the communication remains places of public
open. resort
50. (1) No alteration shall be made to premises for which an on-licence Consent of
is in force if the alteration- Board for
certain
alterations
(b) conceals from observation any part of the premises used for
drinking; or
51. (1) Every licensee, other than the holder of a temporary licence, Particulars to be
shall- affixed to
premises, etc.
(2) A person shall not have on his premises words or letters importing
that he is authorised, as licensee, to sell any intoxicating liquor that he is
not authorised to sell.
52. (1) Any licensee who permits drunkenness or any violent, Licensee not to
quarrelsome or riotous conduct to take place on the licensed premises permit
shall be guilty of an offence. drunkenness,
etc.
(3) Any licensee who sells intoxicating liquor to a drunken person shall
be guilty of an offence.
(4) Any person guilty of an offence under the provisions of this section
shall be liable, on a first conviction, to a fine not exceeding six hundred
penalty units and, on a subsequent conviction, to a fine not exceeding
one thousand five hundred penalty units and to forfeiture of his licence.
53. (1) Any person who, in licensed premises, procures or attempts to Procuring drink
procure any intoxicating liquor for consumption by a drunken person for drunken
shall be guilty of an offence. persons
(3) Any person guilty of an offence under the provisions of this section
shall be liable to a fine not exceeding one thousand and five hundred
penalty units or to imprisonment for a period not exceeding one month,
or to both.
54. (1) Without prejudice to any other right to refuse a person Power to
admission to premises or to expel a person from premises, a licensee or exclude
his servant or agent may refuse to admit to, or may expel from, the drunkards, etc.,
licensed premises any person who is drunken, violent, quarrelsome or from licensed
disorderly, or whose presence in his premises would subject the licensee premises
to a penalty under this Act or any other written law.
(2) If any person liable to be expelled from licensed premises under the
provisions of this section, when requested by the licensee or his servant
or agent or any police officer to leave the premises, fails to do so, he
shall be guilty of an offence and liable to a fine not exceeding one
hundred and fifty penalty units.
(3) Any police officer shall, on the demand of a licence holder or his
servant or agent, help to expel from the licensed premises any person
liable to be expelled therefrom under the provisions of this section, and
may use such force as may be required for such purpose.
56. (1) A licensee shall not knowingly allow the licensed premises to be Permitting
the habitual resort or place of meeting of reputed prostitutes, whether the licensed
object of their so resorting or meeting is or is not prostitution: premises to be
resort of
prostitutes
Provided that this section shall not prohibit his allowing any such
persons to remain in the premises for the purpose of obtaining
reasonable refreshment for such time as is necessary for that purpose.
57. (1) If a licensee suffers any unlawful game to be carried on in his Gaming on
premises, he shall be guilty of an offence and shall be liable, on a first licensed
conviction, to a fine not exceeding three hundred penalty units and, on a premises
subsequent conviction, to a fine not exceeding six hundred penalty units.
PART VIII
59. For the purposes of this Part, unless the context otherwise requires- Interpretation
for purposes of
(No. 45 of 1961) Part VIII
"Lake Kariba" means the area of water formed by the construction of the
dam at Kariba Gorge;
"master" means any person having for the time being command or
charge of a passenger vessel;
"open water" means that area of Lake Kariba which is not within one
hundred yards of the shore of Lake Kariba.
60. (1) This Part shall apply only to vessels while on Lake Kariba. Application of
Part VIII
61. (1) Licenses for passenger vessels on Lake Kariba may be granted, Licensing
renewed, or transferred by the Board for the Southern Province. authority for
Lake Kariba
63. The Board for the Southern Province may refuse to grant or renew Grounds for
any passenger vessel licence upon any of the following grounds: refusal of
(a) that the applicant is not a fit and proper person to hold a licence; licences
or
(b) that, upon evidence given by the police, the Board for the
Southern Province is satisfied that the granting or renewal of such
licence would be detrimental to public order; or
(c) where the application is for a new licence, that the applicant has
not satisfied the Board for the Southern Province that, having regard to
all the circumstances of the case including the number of existing
licensed passenger vessels on Lake Kariba, there is a public need for
such licence.
65. A passenger vessel licence issued under this Part shall authorise the Permitted hours
sale of intoxicating liquor on a licensed passenger vessel- and places
(a) to any bona fide passenger or any member of the crew- under a
passenger
(i) at any hour of the day or night, at the discretion of the master, while vessel licence
such vessel is in open water at a place not within 1.6 kilometres of
licensed premises other than another licensed passenger vessel or any
licensed premises in respect of which an off-licence is held;
(ii) between the hours of ten o'clock in the morning and half-past ten
o'clock in the evening while such vessel is not in open water or is at a
place within 1.6 kilometres of licensed premises other than another
licensed passenger vessel or any premises in respect of which an
off-licence is in force;
(b) to any other person approved by the master between the hours of
ten o'clock in the morning and half-past ten o'clock in the evening while
such vessel is in open water or is at a prescribed place.
66. (1) If the holder of a passenger vessel licence contravenes any Breach of
condition of or attaching to that licence, he shall be guilty of an offence. conditions of
passenger
vessel licence
(2) Any person guilty of an offence under the provisions of this section
shall be liable, on a first conviction, to a fine not exceeding three
hundred penalty units and, upon a subsequent conviction, to a fine not
exceeding six hundred penalty units.
(2) An inspecting officer, while any vessel is in open water, and a police
officer or Administrative Officer while any vessel is not in open water,
may at all reasonable times go on board and inspect that vessel for the
purpose of ascertaining whether the provisions of this Act or of the
Liquor Act, 1953, of Southern Rhodesia, as amended from time to time
by subsequent Acts, are being or have been contravened.
PART IX
SUPPLEMENTAL
69. (1) Where any riot or tumult occurs or is expected to occur in any Closing of
place, an authorised officer may order any licensed premises in or near premises in case
such place to be closed during such time as he may think fit, and any of riot
person carrying out such order may use such force as may be reasonably
necessary for closing such premises.
(2) Any person who resists or obstructs the execution of any order given
under the provisions of subsection (1), and any licensee who sells
intoxicating liquor in contravention of such order, shall be guilty of an
offence and shall be liable to a fine not exceeding one thousand five
hundred penalty units, and any such licensee so convicted shall also be
liable to suffer the forfeiture of his licence.
70. (1) When the Minister is satisfied that a license is or has engaged in Forfeiture of
or permits any activity on the licensed premises which is detrimental to licence by the
the security of the Republic or to public order he may, by order, forfeit Minister
the licence of the licensee and a copy of the order of forfeiture shall be
served on the licensee.
(2) An order of forfeiture shall take effect when the copy thereof is
served on the licensee.
(5) Neither an order of forfeiture of a licence under this section nor the
grounds for such a forfeiture shall be questioned or be subject to review
by any court or licensing authority or the Tribunal in any proceedings or
application before it.
(No. 17 of 1967)
71. Where a licence is forfeited under any provision of this Act, the Disposal of
licensing officer of the District in which the licensed premises stock in hand
concerned are situate or, in the case of a passenger vessel licence, the where a licence
licensing officer of the District in which any port at which the vessel is forfeited
concerned calls is situate, shall, upon the application of the licensee
whose licence is forfeited, in writing permit the licensee to dispose of
his stock in hand at the date the forfeiture takes effect during the period
of one month from that date, and thereupon the provisions of this Act
relating to the regulation, government or control of licensees shall,
during that period, apply to the person so permitted as they apply to a
licensee.
(No. 17 of 1967)
72. (1) A Board, upon the grant, renewal or removal of a licence, may, Power to
subject to the prior approval of the local authority, order that, within a require
time fixed by the order, such structural alterations shall be made by the structural
licensee in the public rooms of the licensed premises where intoxicating alterations
liquor is sold or consumed as the Board thinks reasonably necessary to
ensure the suitability of such rooms for the sale of intoxicating liquor
and for the accommodation of the public therein.
(2) The secretary to a Board shall serve on the registered owner of the
licensed premises notice of any order made under the provisions of this
section.
(3) Where any order made under the provisions of this section is
complied with, the Board shall not, without the written consent of the
Minister, make any other such order in respect of the same premises
within five years following the date of the first-mentioned order.
73. The holder of an on-licence shall not, except with the written Restrictions on
consent of the licensing authority concerned, carry on any other carrying on
business on his licensed premises except that connected with the other business
conduct of an hotel or restaurant or the sale of light refreshments or of
tobacco, tobacco products, mineral waters and matches, and any
licensee who carries on any business in contravention of the provisions
of this section shall be guilty of an offence and shall be liable to a fine
not exceeding three hundred penalty units.
74. Notwithstanding the provisions of any written law for the time Sale of tobacco,
being in force relating to trading licences, the holder of any licence for etc.
the sale of liquor for consumption on the premises may, on those
premises and during the permitted hours, carry on the business of the
sale of tobacco, tobacco products, mineral waters, chocolates, sweets
and matches without a trading licence.
76. (1) Evidence that a transaction in the nature of a sale of intoxicating Evidence of
liquor took place shall, in any proceedings relating to an offence under sale, etc.
the provisions of this Act, be evidence of the sale of such liquor without
proof that money passed.
(3) Evidence that any person, other than the occupier of licensed
premises or a servant employed in licensed premises, consumed or
intended to consume intoxicating liquor in such premises shall be
evidence that the liquor was sold by or on behalf of the licensee to that
person.
77. (1) A police officer may at any time enter licensed premises for the Right of police
purpose of preventing or detecting the commission of any offence officers to enter
against this Act. premises
(2) If the owner or occupier of the place from which any intoxicating
liquor has been removed under subsection (1) is convicted of selling by
retail any intoxicating liquor that he is not authorised to sell by retail, or
is convicted of having in his possession intoxicating liquor that he is not
authorised to sell, any intoxicating liquor so removed, and the vessels
containing it, shall be forfeited.
(4) Where a police officer seizes any liquor as aforesaid, and any person
so found, on being asked by a police officer for his name and address-
(c) gives a name or address that the police officer has reasonable
grounds for thinking to be false, and refuses to answer satisfactorily any
questions put by such officer to ascertain the correctness of the name or
address;
shall be guilty of an offence and liable to a fine not exceeding one
hundred and fifty penalty units.
(5) A police officer may arrest without warrant any person whom he
suspects of having committed an offence under the provisions of
subsection (4)
79. (1) For the purposes of any provisions of this Act imposing a Offences and
penalty or forfeiture on a second or subsequent conviction, any forfeitures
conviction that took place more than five years previously shall be
disregarded.
(2) Liquor or vessels forfeited under the provisions of this Act shall be
sold or otherwise disposed of as the court imposing the forfeiture may
direct, and the proceeds shall be applied as if they were a fine.
80. (1) Where the conviction of a licensee is entered in a register under Notice of
the provisions of subsection (2) of section thirty-two, the person making conviction of
such entry shall serve notice of the conviction on the registered owner of licensee to be
the premises. given to owner
81. (1) Where on conviction of an offence a licence is forfeited, and the Temporary
person convicted appeals against such conviction, the convicting court licence pending
may, in its discretion and on such conditions, if any, as it thinks just, appeal
grant a temporary licence, without payment of fee, to be in force until
the appeal is determined or ceases to be prosecuted.
82. The Minister may from time to time, by statutory instrument, Powers of
prescribe any matter which he may deem necessary or expedient to Minister
prescribe for the purpose of giving effect to the objects of this Act, and
in particular, but without derogating from the generality of the
foregoing, declare any area to be a prescribed area and exempt any
person or class of persons from the application of any provision of this
Act or from the payment of all or any part of the appropriate fee.
(As amended by Act 53 of 1968, 47 of 1970 and 6 of 1983)
SCHEDULE
(Section 2)
PRESCRIBED FEES
2. The area mentioned in the First Schedule is hereby declared as the Prohibition of
prescribed area under section seventeen A of the Act for the types of grant of certain
licences mentioned in the Second Schedule. types of
licences
FIRST SCHEDULE
(Regulation 2)
SECOND SCHEDULE
(Regulation 2)
2. Each of the several areas described in the Schedule is hereby Prescribed areas
declared to be a prescribed area.
SCHEDULE
(Regulation 2)
PRESCRIBED AREAS
CHINGOLA
Starting at the intersection of the centre line of Kabundi Road and the
centre line of Fifth Avenue, the boundary follows the centre line of Fifth
Avenue in a northerly direction to a point equidistant from the centre
line of Kwacha Street and the centre line of 13th Street; thence in an
easterly direction to its intersection with the centre line of Kitwe Road at
a point equidistant from the centre line of 13th Street and the centre line
of Kwacha Street; thence in a southerly direction along the centre line of
Kitwe Road to its intersection with the centre line of Kwacha Street;
thence in an easterly direction along the centre line of Kwacha Street to
a point opposite the north-western corner of Stand No. 162; thence in a
southerly direction along the western boundary of Stand No. 162 and the
boundary between Stands Nos. 181 and 182 to the centre line of
Kabundi Road; thence in an easterly direction along the centre line of
Kabundi Road to its intersection with the centre line of Kitwe Road;
thence in a southerly direction along the centre line of Kitwe Road to a
point opposite the south-east corner of Stand No. 208; thence following
the southern and western boundaries of Stand No. 208 to a point
opposite the south-east corner of Stand No. 526; thence along the
southern boundaries of Stands Nos. 526 and 1418 to the south-west
corner of Stand No. 514; thence following the western, north-western
and northern boundaries of Stand No. 514 to a point opposite the
intersection of the centre line of Kabundi Road and Fifth Avenue, the
point of starting.
CHOMA
Stands Nos. ME.1, ME.3-ME.7, ME.43-ME.46, ME.54, 37, 38, 41, 42,
133, 134, 286-288, 337.
KABWE
Starting at the intersection of the centre line of Machile Street with the
centre line of Freedom Way, the boundary follows the centre line of
Freedom Way to its intersection with the centre line of Buntungwa
Street; thence in a southerly direction along the centre line of
Buntungwa Street to a point opposite the south-east corner of Stands
Nos. 848; thence in a westerly direction along the southern boundaries
of Stands Nos. 848, 847, 635-628 to the centre line of Pauling Street;
thence northwards along the centre line of Pauling Street to a point
opposite the north-west corner of Stand No. 505; thence in an easterly
direction along the northern boundaries of Stands Nos. 505, 506, 507,
54-60, 87-91, 208-212, 691-693 to the centre line of Machile Street;
thence southwards along the centre line of Machile Street to its
intersection with the centre line of Freedom Way, the point of starting.
KITWE
LIVINGSTONE
LUANSHYA
Starting at the intersection of the centre line of Zaune Avenue with the
centre line of Fourteenth Street, the boundary follows the centre line of
Fourteenth Street to a point opposite the north-east corner of Stand No.
17; thence along the northern boundaries of Stands Nos. 17, 18, 19, 524;
thence in a southerly direction along the eastern boundary of Stand No.
524 to the centre line of Buntungwa Avenue; thence in an easterly
direction along the centre line of Buntungwa Avenue to its intersection
with the centre line of Sixteenth Street; thence in a southerly direction
along the centre line of Sixteenth Street to a point on the boundary of the
Roan Antelope Branch Line Reserve; thence in a westerly direction
along the northern boundary of the Roan Antelope Branch Line Reserve
to its intersection with the centre line of Fifteenth Street; thence in a
northerly direction along the centre line of Fifteenth Street to its
intersection with the centre line of Zaune Avenue; thence in a westerly
direction along the centre line of Zaune Avenue to its intersection with
the centre line of Fourteenth Street, the point of starting.
LUSAKA
MAZABUKA
Stands Nos. 3-11, 434, 435, 13, 153, 154, 15-21, 155, 156, 23-27, 164,
165, 29-33, 157, 158, 159, 160, 37, 140.
MUFULIRA
NDOLA
The forms set forth in the Schedule are hereby prescribed for use in all
cases to which they are respectively applicable for the purposes of the
Act.
SCHEDULE
PRESCRIBED FORMS
FORM 1
(Front of Form)
THE LIQUOR LICENSING ACT
..............................................................
(Signature of Applicant)
NOTES.-(This form should, except for the signature thereto, be completed in block capitals.)
* Delete where inapplicable.
† Insert type of licence required.
‡ See the provisions of section 16 of the Act set out overleaf.
§ The provisions of section 19 are set out overleaf. If the applicant comes within any of the prohibitions men
subsection (2) of that section, the consent of the Minister should accompany this application.
FORM 1
(Back of Form)
16. (1) Any person applying for a licence other than a wholesale liquor licence may, at his Restricted
request and subject to the provisions of this Act, be granted a restricted licence which licences
shall not authorise the sale of spirits but which shall otherwise have the effect of a licence
of the type granted.
(2) Notwithstanding the provisions of subsection (1), no restricted licence other than a
restricted hotel liquor licence, a restricted private hotel liquor licence or a restricted
passenger vessel licence shall be issued to any person who is not an employee of, or
authorised by, a local authority unless the Minister has, by statutory notice, declared that
the provisions of the said subsection have been applied to the area in which such premises
are situate.
Notices and other documents may be served on the above named at the above/following address*
(Section 31 (2))
...............................................................
(Signature of Applicant)
NOTES. (This form should, except for the signature thereto, be completed in block capitals.)
*State type of licence held.
†Delete if inapplicable.
‡The provisions of section 19 are set out overleaf. If the applicant comes within any of the prohibitions
subsection (2) of that section, the consent of the Minister should accompany this application.
FORM 3
(Back of Form)
Full Names ofLicensee Date of Transfer Premises in respect of Date of Owner(s) of Premises
which Licence is held Removal
Name Address
Note.-The register shall be kept in loose-leaf form utilising one sheet for each licence (other than a temporary licence). If
required the information recorded in respect of any one licence may be carried on to subsequent sheets inserted
immediately after the main sheet, and each subsequent sheet shall be marked "Continuation" after the Licence No.
FORM 6
The Liquor Licensing Act
(Section 32)
Licence Register
(Temporary Licences)
Licence Full Names of Premises in respect of Owner of Premises
No. Licensee which Licence is held
Name Address
CHAPTER 168
ARRANGEMENT OF SECTIONS
Section
1. Short title
2. Interpretation
3. Restriction on sale of traditional beer
4. Regulations as to sale, manufacture, etc., of traditional beer
5. Inebriated person not to be supplied
6. Repealed by Act No. 22 of 1972
6A. Prohibition of kachasu
7. No licensed trader except under permit to supply any
traditional beer
8. Seizure of utensils
9. Entry on premises
10. Powers of arrest
11. Liability of occupier
12. Excessive quantity prima facie evidence
13. Penalty
1. This Act may be cited as the Traditional Beer Act. Short title
(As amended by No. 25 of 1969)
"Board" means a Board appointed under section four, and includes and
shall be deemed always to have included any person so appointed as a
Board;
(a) the drink which is brewed from grain or other vegetable matter
and is commonly known as local beer, Lusaka beer, bwalwa, mowa,
lwalwa, bucwala, bukoko or chibuku;
(2) No person shall brew and supply traditional beer in the form of
rations to persons in his employ unless he is in possession of a valid
permit.
8. (1) Any beer or malt or the apparatus, utensils or materials for Seizure of
making the same found under circumstances which afford reasonable utensils
grounds for suspecting a contravention of this Act or of any regulations
made thereunder may be seized and removed and if perishable may be
sold and, on the conviction for such a contravention of the owner of the
articles so seized or of the person in whose possession they were found,
such articles or their proceeds may be confiscated by order of a
magistrate.
10. Any person contravening this Act or any regulations made Powers of arrest
thereunder may be arrested without a warrant if the circumstances are
such that immediate arrest appears necessary to prevent his escape.
11. The occupier or person having charge of the premises upon which Liability of
a contravention of this Act or of any regulations made thereunder, occupier
together with any person who participated therein, shall be liable to be
convicted of such contravention unless he can prove that such
contravention took place without his knowledge.
12. In any proceeding against any person for contravening this Act or Excessive
any regulations made thereunder, the fact of more traditional beer being quantity prima
on the premises of such person than is reasonably required for the facie evidence
person residing therein and his family or persons usually residing with
him shall be deemed prima facie evidence of such a contravention.
(As amended by No. 25 of 1969)
13. Any person contravening the provisions of this Act or of any Penalty
regulations made thereunder shall be guilty of an offence and shall on
conviction be liable to a fine not exceeding three hundred penalty units
or, in default of payment, to imprisonment with or without hard labour
for a period not exceeding three months and, on a second or subsequent
conviction, to a fine not exceeding seven hundred and fifty penalty units
or to imprisonment with or without hard labour for a period not
exceeding six months.
(As amended by Act No. 6 of 1974 and 13 of 1994)
SUBSIDIARY LEGISLATION
TRADITIONAL BEER Cap. 168
THE TRADITIONAL BEER REGULATIONS
[ARRANGEMENT OF REGULATIONS]
PART I
GENERAL
Regulation
1. Title
2. Interpretation
3. Local authorities, Boards and permit authorities
4. Prohibition on making, etc., of traditional beer
5. Guard areas
PART II
SALE OF TRADITIONAL BEER
6. Application of Part II
7. Interpretation for purposes of Part II
8. Regulation of manufacture of beer sold by Board
9. Conditions of sale
PART III
PERMITS TO MANUFACTURE,
ETC., TRADITIONAL BEER
10. Application of Part III
11. Interpretation for purposes of Part III
12. Permits
PART IV
TRADITIONAL BEER RATIONS
13. Traditional beer ration permit
14. Granting of permits
15. Brewery premises
16. Inspection of permit
17. Conditions of supply
18. Inspection of brewery premises
PART V
MISCELLANEOUS
Regulation
19. Contravention of regulations
20. Cancellation of permits
PART I
GENERAL
1. These Regulations may be cited as the Traditional Beer Regulations. Title
"area" means any one of the areas set out in the First, Second and Third
Schedules;
"guard area" means any one of the areas set out in the Fourth Schedule.
(As amended by No. 224 of 1945)
3. (1) The local authorities set out in the third column of the First Local
Schedule are hereby authorised to manufacture, be in possession of and authorities,
sell traditional beer in accordance with these Regulations and to issue Boards and
permits in accordance with Part III within the respective areas set out in permit
the first column of and defined in the second column of the said authorities
Schedule.
(2) The several persons set out in the third column of the Second
Schedule are hereby appointed to be Boards for the respective areas set
out in the first column of and defined in the second column of the said
Schedule, and are hereby authorised to manufacture, be in possession of
and sell traditional beer in accordance with these Regulations and to
issue permits in accordance with Part III within the aforesaid areas.
(3) The several persons set out in the third column of the Third
Schedule are hereby appointed to be Boards for the respective areas set
out in the first column of and defined in the second column of the said
Schedule, and are hereby authorised to issue permits in accordance with
Part III.
(4) The several persons set out in the third column of the Fourth
Schedule are hereby appointed to be permit authorities for the respective
areas set out in the first column of and defined in the second column of
the said Schedule, and are hereby authorised to issue permits in guard
areas.
5. (1) The areas set out in the Fourth Schedule are hereby declared to be Guard areas
guard areas.
(2) No person shall sell traditional beer within a guard area unless he is
in possession of a permit authorising him to sell traditional beer within
such area.
(3) Such permit shall specify the name of the person so authorised, and
the permit authority may limit the quantity of traditional beer to be sold
and may impose any other conditions in regard thereto as it may think
fit.
PART II
SALE OF TRADITIONAL BEER
6. This Part shall apply only to the areas specified in the First and Application of
Second Schedules. Part II
"Board" means, in respect of any area set out in the First Schedule, the
local authority and, in respect of any area set out in the Second
Schedule, a Board appointed under the provisions of sub-regulation (2)
of regulation 3.
8. Where traditional beer may be sold by any Board, the manufacture, Regulation of
sale and distribution of such beer shall be under-taken under the manufacture of
authority of such Board only at such place or places and by such person beer sold by
or persons as may be authorised in writing by the Board, and such Board
manufacture, sale and distribution shall be under the control of such
person or persons, subject to the directions of the Board.
(No. 60 of 1953)
(a) be sold for cash only and at a price to be fixed by the Board;
(c) spent;
PART III
PERMITS TO MANUFACTURE,
ETC., TRADITIONAL BEER
10. This Part shall apply to the areas specified in the First, Second and Application of
Third Schedules. Part III
(No. 60 of 1953)
"Board" means the authority or any of the Boards set out in the third
column of the Schedules to which this Part applies.
(No. 60 of 1953)
12. (1) The Board or some person authorised by the Board may issue or Permits
cause to be issued a permit authorising any person to make, be in
possession of or introduce traditional beer within an area.
(2) Such permit shall specify the name of the person so authorised, and
the Board may limit the quantity of traditional beer to be made,
possessed or introduced, and may impose any other conditions in regard
thereto as it may think fit.
14. (1) Permits shall only be granted by a Resident Secretary, and the Granting of
granting or refusal thereof shall be in his absolute discretion. permits
(3) Every permit shall expire on the 31st December next following the
day of issue.
(5) The Permanent Secretary may, if he thinks fit, without assigning any
reason, revoke a permit at any time.
(As amended by No. 502 of 1964)
15. Every employer to whom a permit has been issued shall set aside Brewery
and designate a separate building or separate buildings for the purpose premises
of the brewing and supplying of traditional beer, and such building or
buildings shall be enclosed with a fence. The area so enclosed shall be
known as the brewery premises.
16. Every employer to whom a permit has been issued shall keep such Inspection of
permit on the brewery premises, and such permit shall be produced on permit
demand for inspection by any Administrative Officer or police officer of
or above the rank of Sub-Inspector.
(As amended by No. 502 of 1964 and
No. 91 of 1965)
17. (1) Traditional beer brewed and supplied as rations shall be Conditions of
consumed on the brewery premises and supplied only to employees of supply
the holder of a permit.
(5) The date of supply of traditional beer ration shall be marked on the
employee's ticket.
(6) The brewing and supply of traditional beer shall be under the
personal supervision of a duly authorised person.
(7) The brewery premises and all utensils and receptacles used for the
brewing and supply of traditional beer shall be kept in a clean and
sanitary condition.
18. Every employer to whom a permit has been issued shall at all times Inspection of
allow any Administrative Officer, police officer of or above the rank of brewery
Sub Inspector, Medical Officer or Sanitary Inspector full access to all premises
parts of the brewery premises for the purpose of inspection.
(As amended by No. 502 of 1964 and
No. 91 of 1965)
PART V
MISCELLANEOUS
19. The omission to do any act, matter or thing required to be done Contravention
under and in accordance with the provisions hereof shall be deemed to of regulations
be a contravention of these Regulations.
20. Any person contravening any of these Regulations shall be liable, Cancellation or
on conviction, in addition to any other penalties, to have any permit permits
issued to him cancelled.
FIRST SCHEDULE
Management Board
Chambishi Beer Area . .Chambishi Township ..
.. .. . .Chambishi Townshi
Council
Chililabombwe Beer Chililabombwe Township and the Bancroft
Chililabombwe Township
Area Township Council
Chingola Beer Area . . Chingola
Municipal Area and the Nchanga Municipal
Council of
Township Area Chingola
Chisamba Beer Area . . *Chisamba .. .. .. ..
District Secretary, Kabwe
Rural
District, or his
representative
Choma Beer Area. . Choma Township and unalienated State
Choma Township Council
Land contiguous thereto
Feira Beer Area . . *Feira .. .. .. . . District
Secretary, Feira, or
his
representative
Fisenge Beer Area. . Fisenge Township .. .. .. ..
Fisenge Township Council
Heatherwood Farm Farm No. 1639, Choma District . . . .
. . F. E. Jones
Beer Area
Kabwe Beer Area. . All that portion of the Kabwe Urban Municipal
Council of
District lying within a radius of 9.6 Kabwe
kilometres of the Kabwe Post Office,
excluding the Broken Hill Mine Farms
Beer Area and the Mukobeko Guard Area
Kafue Beer Area . . All that portion of the Lusaka District lying
Kafue Township Council
within a radius of 4.8 kilometres of the
Kafue Post Office
Kalulushi Beer Area . .Kalulushi Township. . .. .. ..
Kalulushi Township
Council
Kansanshi Beer Area .. The
alienated portion of the Solwezi District Kansanshi
Township
being Farm No. 724
Management Board
Kansuswa Beer Area . .Kansuswa Township . . ..
. . . .Kansuswa Township
Council
Kapiri Mposhi Beer . . *Kapiri Mposhi .. .. .. ..
District Secretary, Kabwe
Rural
District, or his
representative
Kariba Beer Area. . All that portion of State Land situate at
District Secretary, Gwembe
Kariba, within the Gwembe District or his
representative
Kasama Beer Area. . Kasama Township .. .. .. ..
Kasama Township Council
Kasompe Beer Area . .Kasompe Township . . .. .. ..
Kasompe Township
Council
Management Board
Mufulira Beer Area Mufulira Municipal Area and Mufulira
Municipal Council of
Township Area Mufulira
Mumbwa Beer Area . . *Mumbwa .. .. .. ..
District Secretary,
Mumbwa, or
his
representative
Ndola Beer Area . . Ndola Municipal Area and that portion of
City Council of Ndola
the Ndola Urban District known as the
Manners Township together with the area
enclosed by the existing municipal
boundary and a straight line joining the
beacons lettered V509 and V608, all of
which Beer Area is shown on Plan No. 25A
deposited with the Surveyor-General
Norwood Farm Beer Subdivision A of Farm No. 634 Norwood,
District Secretary, Kabwe
Area Kabwe Rural District Rural
District, or his
representative
Pemba Beer Area. . Pemba Township. . .. .. . . Pemba
Township Council
Serenje Beer Area. . *Serenje .. .. .. . . District
Secretary, Serenje,
or his
representative
Shiwa Ngandu Beer Shiwa Ngandu Canteen and an area of one
Major J. P. Harvey, or his
Area acre surrounding it
representative
Twapia Beer Area. . Twapia Township .. .. .. ..
Twapia Township Council
representative
Chingola District Beer The
Chingola District, but excluding the District
Secretary,
Area Chingola Beer Area and the Kasompe Chingola,
or his
Beer Area
representative
Chinsali Beer Area. . *
Chinsali .. .. .. . .District Secretary,
Chinsali,
or his
representative
Chirundu Beer Area . . *Chirundu .. .. .. ..
District Secretary,
Gwembe,
or his
representative
Garneton Beer Area . .Garneton Township . . .. .. ..
Garneton Township
Council
Gwembe Beer Area . . *Gwembe .. .. .. ..
District Secretary,
Gwembe,
or his
representative
Isoka Beer Area . . *Isoka .. .. .. . District
Secretary, Isoka, or
his
representative
Kabompo Beer Area . . *Kabompo .. .. .. ..
District Secretary,
Kabompo,
or his
representative
Kalomo Beer Area. . Kalomo Township .. .. .. ..
Kalomo Township Council
Kalulushi District Beer The
Kalulushi District, but excluding the District
Secretary,
Area Kalulushi Beer Area Kalulushi, or
his
representative
Kasempa Beer Area . . *Kasempa .. .. .. ..
District Secretary,
Kasempa, or
his
representative
Kawambwa Beer Area . .*Kawambwa .. .. ..
. . District Secretary,
Kawambwa,
or his
representative
Kitwe District Beer The Kitwe District, but excluding the Kitwe
District Secretary, Kitwe,
Area Beer Area or his
representative
Luanshya District Beer The
Luanshya District, but excluding the District
Secretary,
Area Luanshya Beer Area, the Mpatamatu Beer
Luanshya, or his
Area and the Fisenge Beer Area
representative
Lundazi Beer Area. . *Lundazi .. .. .. . . District
Secretary, Lundazi,
or his
representative
representative
Mansa District Beer All that portion of the Mansa District lying
District Secretary, Mansa,
Area within a radius of 4 kilometres of the or his
representative
Government Offices at Mansa, but
excluding the Mansa Beer Area
Mita Hills Beer Area . . Hills Dam Area alienated to the
Zambia District Secretary, Mkushi,
Broken Hill Development or his
representative
Company
Mpika Aerodrome Beer That portion
of the Mpika District lying District
Secretary, Mpika
Area within a radius of 1.6 kilometres of the or
his representative
Crested Crane Hotel
Mpika Beer Area . . That portion of the Mpika District lying
District Secretary, Mpika,
within a radius of 1.6 kilometres of the
or his representative
Government Offices at Mpika
Mporokoso Beer Area . .*Mporokoso .. .. ..
. . District Secretary,
Mporokoso,
or his
reprsentative
Mtuga Mine Beer Area . .Mtuga Mine (Farm 636m) . .
. . . .District Secretary, Mkushi,
or his
representative
Mufulira District Beer The
Mufulira District, but excluding the District
Secretary,
Area Mufulira Beer Area, the Butondo Beer
Mufulira or his
Area and the Kansuswa Beer Area
representative
Mulungushi Beer Area Farm No.
837 "Mulungushi Dam Area" District
Secretary, Mkushi,
or his
representative
Mwinilunga Beer Area . .*Mwinilunga .. .. ..
. . District Secretary,
Mwinilunga,
or his
reprsentative
Namwala Beer Area . . *Namwala .. .. .. ..
District Secretary,
Namwala, or
his
representative
Ndola Urban District The Ndola
Urban District, but excluding District
Secretary, Ndola
Beer Area other declared Beer Areas Urban
District, or his
representative
Ngoma Tourist Camp All that
portion of the Namwala District District
Secretary,
Beer Area lying within 1.6 kilometres of the main gate
Namwala, or his of
the Government Tourist Camp at Ngoma
representative
Petauke Beer Area. . *Petauke .. .. .. . . District
Secretary, Petauke,
or his
representative
Solwezi Beer Area. . *Solwezi .. .. .. . . District
Secretary, Solwezi,
or his
representative
Zambezi Beer Area . . *Zambezi .. .. .. ..
District Secretary,
Zambezi, or
his
representative
Zimba Beer Area All that portion of the Kalomo District District
Secretary, Kalomo,
lying within a radius of 3.2 kilometres of or
his representative
Zimba Railway Station
(Regulations 2, 3 and 5)
(Regulation 13)
3. The making and the possession of traditional beer in the scheduled Prohibition of
areas is prohibited except as hereinafter provided. making and
possessing
traditional beer
4. Any Board may in its discretion authorise in writing any employer Authority to
of persons in the scheduled area for which it is appointed to issue a issue permits
permit to any person in his employ to make and/or possess traditional
beer, and may in like manner restrict the quantity of traditional beer
which may be made and/or possessed in accordance with any such
permit:
6. A Board may in its discretion revoke any authority to issue permits Revocation of
issued under regulation 4 by giving written notice of such revocation to authority to
the person authorised to issue such permits. issue permits
7. Any person who issues a permit to make and/or possess traditional Offence to issue
beer without being duly authorised in that behalf, or who issues a permit permit without
for the making and/or possession of traditional beer in excess of the authority
quantity permitted by or under these Regulations shall be guilty of an
offence under the Act.
SCHEDULED AREAS
ARRANGEMENT OF SECTIONS
PART I
PRELIMINARY
Section
1. Short title
2. Interpretation
3. Application
PART II
FUNCTIONS OF COMMUNICATIONS AUTHORITY
PART III
LICENCES AND CERTIFICATES
6. Licences
7. Conditions of licences
8. Duration of licences
9. Licences not transferable
10. Certificate of competency to operate amateur radio station
11. Unauthorised activities
12. Suspension or revocation of licence or certificate
13. Appeal
PART IV
MISCELLANEOUS
CHAPTER 169
PART I
PRELIMINARY
"Authority" means the Communications Authority established under the Cap. 469
Telecommunications Act;
"Board" means the Board of Regulators appointed under the Cap. 469
Telecommunications Act;
"diffusion" has the meaning ascribed to it in the Zambia National Cap. 154
Broadcasting Corporation Act or any Act amending or replacing that
Act;
"licence" means a licence in force under this Act and "licenced" and
"licensee" have corresponding meanings;
"ship station" has the meaning ascribed to it in the Schedule to this Act;
"telecommunication officer" has the same meaning as in the Cap. 469
Telecommunications Act.
3. The provisions of this Act and of the Convention shall not apply to Application
the Zambia Police Force or the Defence Force except in so far as they
relate to-
(a) the establishment of transmitting stations and the erection of
radio station apparatus at permanent sites;
(b) the allocation of frequencies by the Authority;
(c) the approval of the Authority of the mode of transmission to be
used in connection with radio transmitting stations and the power to be
radiated therefrom;
(d) the prevention of harmful interference;
(e) distress calls, messages and signals; and
(f) the manner of carrying on radiocommunication services
governed by the provisions of the Convention.
PART II
4. (1) Subject to the provisions of this Act, the Authority shall General supervision
have the general control and supervision of radiocommunications and control of
and radiocommunication services. radiocommunications
5. (1) Subject to subsection (3), the Minister, on the advice of the Approval of
Authority, shall by statutory instrument- sites, allocation
of frequencies,
etc.
(a) approve the sites at which all transmitting stations, other than
aircraft stations, mobile stations or ship stations, are to be established
and at which all radio station apparatus used in connection with the
transmitting station is to be erected; and
(c) approve-
(i) the mode of transmission to be adopted in connection with all
transmitting stations and the power to be radiated therefrom;
(ii) the classes, types and standards of transmitting stations and radio
station apparatus to be used in connection with different classes of
radiocommunication services; and
(iii) the classes, types and standards of receiving stations and radio
and other apparatus to be used in connection with diffusion services.
PART III
6. (1) Any person may apply to the Authority for a licence under this Licences
section.
(2) A licence under this section (other than a temporary licence under
subsection (4)) authorises the licencee to establish and operate one or
more radio stations at such places as may be specified in the licence and
to provide a radiocommunication service by means of the station or
stations in accordance with the provisions of this Act and the conditions
of the licence.
(3) The licence shall be issued on payment by the applicant of such fees
as may be prescribed by regulation.
(a) specify the site or sites at which any radio station or radio
stations to be operated under the authority of the licence are to be
located and regulate the manner of their installation;
(b) specify the kind of radio station authorised by the licence and
regulate the type and standard of radio station apparatus to be used in
any such radio station;
(f) require the licensee to refer specified matters to the Authority for
determination;
(g) require the licensee to comply with directions given by the
Authority from time to time in relation to specified matters;
(i) require and regulate the payment of fines and penalties by the
licensee for breaches of any specified terms and conditions of the
licence.
9. A licence shall not be capable of being bought, sold, leased, Licences not
mortgaged or charged or in any manner assigned, demised or transferable
encumbered.
(b) not being a broadcaster, operates a radio station of a kind other than
a kind specified in the Schedule to this Act or has possession or control
of such a radio station; or
(3) Any person guilty of an offence under this section shall be liable
upon conviction to a fine not exceeding five thousand penalty units or to
imprisonment for a term not exceeding three years, or to both.
(As amended by Act No. 13 of 1994)
12. (1) For the purposes of this section, a licensee or a person who Suspension or
holds a certificate of competency is in default if the licensee or person- revocation of
licence or
certificate
(c) has been the subject of such complaints by the public as, in the
opinion of the Board, to warrant action under this section.
(2) Where a licensee or the holder of a certificate of competency is in
default, the Authority may-
(a) the radio station in respect of which the licence was issued, or
the radio station apparatus used in connection therewith-
(i) interferes with the working of a radio station or the carrying on
of any established radiocommunication or telephone or telegraph
services; or
(ii) is likely to interfere with established radio station apparatus or
other equipment, circuits, wires or the like; or
(6) A licence or certificate shall not be cancelled, nor shall its renewal
be refused, without giving the holder thereof a reasonable opportunity to
be heard.
13. (1) Any person aggrieved by the suspension or revocation of his Appeal
licence or certificate of competency, or by the Authority's refusal to
renew his licence, may appeal to the High Court within the time and in
the manner prescribed by regulation.
PART IV
MISCELLANEOUS
14. (1) A person who desires to construct a railway or works for the Notice to be
supply of light, heat or power by means of electricity shall- given of certain
works
(4) Nothing in this section limits or affects the rights or remedies of any
licensee or other person against a person on whom this section imposes
any duty.
(As amended by Act No. 13 of 1994)
(b) makes use for his own purposes of any knowledge he may
acquire, in the course of his duties, of the contents of a
radiocommunication message;
shall be guilty of an offence and shall be liable upon conviction to a fine
not exceeding one thousand penalty units or to imprisonment for a term
not exceeding twelve months, or to both.
16. A person who without lawful authority, by any radiation (whether Obstruction of
continuous or intermittent) of electromagnetic energy by means of an radio
apparatus designed or adapted for the purpose, disturbs, obstructs or transmissions
impedes any radiocommunication or other operation of a radio station
shall be guilty of an offence and shall be liable upon conviction to a fine
not exceeding one thousand penalty units or to imprisonment for a term
not exceeding twelve months, or to both.
(As amended by Act No. 13 of 1994)
(a) may at all reasonable times enter any radio station or any
premises which are owned or occupied by a person who he has
reasonable cause to suspect is using the premises for the carrying on of a
business or activity for which a licence or certificate is required under
this Act; and
(e) for the purpose of obtaining, whether for himself or any other
person, the issue of a licence or certificate under this Act, makes a
declaration or statement which he knows to be false in any material
particular or does not believe to be true or knowingly makes use of a
declaration, statement or document containing the same;
(4) A person who arrests another person under subsection (3) shall
forthwith notify that other person of the cause of the arrest.
(5) Any person arrested under subsection (3) shall as soon as possible
be brought to a police station and shall there be detained until further
dealt with according to law:
(6) Nothing in subsection (5) limits or affects the operation of any law
providing for the release on bail of a person under detention.
(As amended by Act No. 13 of 1994)
19. (1) On the conviction of a person for an offence involving the Forfeiture of
unlawful possession or use of a radio station or any radio station equipment
apparatus, the court convicting the accused may, on the application of
the prosecutor and in addition to any penalty which it may impose, order
the confiscation of the radio station or apparatus in connection with or
by means of which the offence was committed, unless it is proved to the
satisfaction of the court that the radio station or apparatus is not the
property of the accused and that the owner was unable to prevent its
unlawful use by the accused when the offence was committed.
(2) Any radio station or apparatus confiscated under this section shall
be deemed forfeited to the Republic.
20. (1) The Minister, on the advice of the Authority, may by statutory Regulations
instrument prescribe all matters which by this Act are required or
permitted to be prescribed or which are necessary or expedient to be
prescribed for carrying out or giving effect to this Act.
(b) classify radio stations, other than broadcasting stations and radio
stations used solely in connection with broadcasting and diffusion
services, and in so doing, amend the Schedule to this Act or vary the
definition of a radio station specified in the Schedule to this Act and
prescribe the nature of the radiocommunication services to be carried on
therefrom;
(e) make provision for the purpose of ensuring that the use of
generating apparatus or power lines does not cause harmful interference
and in so doing, prescribe the conditions to be observed with respect to-
(i) the maximum intensity of electromagnetic energy of specified
frequencies which may be radiated in any direction from generating
apparatus or power lines when in use;
(ii) the electromagnetic energy of specified frequencies which may
be injected by generating apparatus into the power lines by means of
which power is supplied to that generating apparatus;
(f) make provision for the purpose of ensuring that the use, in
connection with broadcasting or diffusion services or otherwise, of radio
stations or radio or other apparatus, does not interfere with
radiocommunication, telephone or telegraph services or with radio
stations or radio or other apparatus, equipment, circuits, instruments,
wires and the like;
(l) prescribe-
(i) the form and manner in which applications for licences and
certificates under this Act are to be made and information to be supplied
in connection therewith;
(ii) the form of licences and certificates, terms and conditions to be
attached to licences and certificates and the periods for which licences
and certificates shall remain in force;
(iii) the circumstances in which and the terms and conditions subject
to which licences and certificates shall be issued;
(m) make provision for the revocation, suspension and amendment
of licences and certificates and for the surrender or delivery to the
Authority of licences and certificates for those purposes;
(q) make provisions for the proper exercise by the Authority of the
powers of control of and supervision over radiocommunication services
conferred upon it by this Act and of the other powers and functions
thereby conferred or imposed upon it.
ARRANGEMENT OF SECTIONS
PART I
PRELIMINARY
Section
1. Short title
2. Application
3. Interpretation
PART II
NATIONAL ARTS COUNCIL OF ZAMBIA
4. Establishment of Council
5. Functions of Council
6. Powers of Council
7. Powers to order suspension of activities of registered body
8. Power to appoint committee to inquire into activities of
registered body.
9. Power to order suspension of office bearers
10. Provincial arts advisory committees
11. District arts advisory committees
12. Conditions applicable to members of committees
13. Prohibition of publication or disclosure of information to
unauthorised persons.
14. General matters relating to committees
15. Associate bodies
PART III
REGISTRATION OF NATIONAL ARTS ASSOCIATION
16. Registrar
17. Registration of national arts associations
18. Effect of non-registration
19. Application for registration
20. Grounds for refusing to register national arts association
Section
21. Notification of grounds
22. Cancellation of registration
23. Notification of intended cancellation
24. Appeal against refusal to register association or cancellation of
registration
25. Affiliation to Council of registered body
PART IV
GENERAL PROVISIONS
SCHEDULE
PART I
THE COUNCIL
1. Seal of Council
2. Composition of Council
3. Tenure of office of member
4. Removal of members
5. Filling of casual vacancy
6. Proceedings of Council
7. Committees of Council
8. Disclosure of interest
9. Immunity of members and staff
PART II
ADMINISTRATION
PART III
FINANCIAL AND OTHER PROVISIONS
Section
12. Funds of Council
13. Arts Development Fund
14. Financial Year
15. Accounts
16. Power to call for accounts
17. Annual Report
CHAPTER 170
PART I
PRELIMINARY
1. This Act may be cited as the National Arts Council of Zambia Act. Short title
2. (1) The Societies Act shall not apply to an association or a body Application
registered under this Act.
(2) An association or a body registered under the Societies Act shall Cap. 119
register under this Act within six months of the coming into force of this
Act.
4. (1) There is hereby established the National Arts Council of Zambia Establishment
which shall be a body corporate with perpetual succession and a of Council
common seal, capable of suing and of being sued in its corporate name,
and with power, subject to the other provisions of this Act, to do all such
acts and things as a body corporate may by law do or perform.
5. Subject to the other provisions of this Act the functions of the Functions of
Council shall be to: Council
(a) keep itself fully appraised of the policy of the Government in
matters concerning arts and to disseminate that policy;
(b) serve as the supreme advisory body at national level on policy
and decisions on all forms of arts in the country;
(c) provide quality artistic leadership in performing and visual arts;
(d) develop, promote, regulate and encourage all forms of amateur
and professional arts on a national basis in conjunction with the
associations and the Government;
(e) assist the formation of associations or organisations and
encourage them to register as national arts associations so as to represent
different groups of associations in Zambia and to encourage the
affiliation of those associations to the appropriate international
organisations;
(f) assist, financially or otherwise, any group or individual in
representing Zambia in any artistic activity within or outside Zambia;
(g) assist, financially or otherwise, in conjunction with the
Government, any citizen of Zambia in obtaining relevant training within
or outside Zambia;
(h) raise and maintain a fund from such sources and by such means
as the Minister may approve to enable the Council to carry out its
functions;
(i) stimulate, through the registered bodies, the provision,
development and maintenance of equipment, instruments and facilities
for all kinds of arts and ensure their equitable distribution and proper
use;
(j) ensure that arts groups at all levels maintain proper accounts
and, where considered necessary, to supervise and direct the
maintenance of these accounts;
(k) regulate and provide modalities for the award of national
honours for artistic merit;
(l) exercise disciplinary powers in cases of breach of the provisions
of this Act;
(m) regulate and monitor all national arts programmes presented in
Zambia;
(n) promote the development and organisation of the arts; and
(o) do and perform such other functions as may be conducive to the
development and promotion of the arts and to the enforcement of this
Act.
6. Subject to the other provisions of this Act, the powers of the Council Powers of
shall be- Council
(a) to employ, control and direct such staff as it may consider
necessary;
(b) to investigate the accounts and affairs of a registered body; and
(c) to make such orders as the Council considers necessary where a
report on a matter relating to the affairs of the Council is made to it.
7. The Council shall have power to appoint a committee to inquire into Power to
the activities of a registered body or into the conduct of an office-bearer appoint
or a member, as the case may be. committee to
inquire into
activities of
registered body
8. Where the Council has reason to believe that the activities of a Power to order
registered body are prejudicial to the interests of the arts or to the public suspension of
interest, the Council has power to order the suspension of the activities activities of
of that body. registered body
9. Where the Council has reason to believe that any office-bearer or a Power to order
member of a registered body is or has been acting in a manner, or his suspension of
further continuance as an office-bearer or member is, likely to be office-bearer
prejudicial to the interests of the arts or the public interest, the Council
has power to order the suspension of that office-bearer or member.
10. (1) The Council shall appoint a provincial arts advisory committee Provincial arts
in each province to advise and assist the Council in matters concerning advisory
the promotion, development and organisation of the arts within the committee
province.
11. (1) The provincial arts advisory committee in each province shall District arts
appoint members of district arts advisory committees which shall advisory
consist of a chairperson and not more than one member from each committees
registered body.
12. The Council shall determine, with the prior approval of the Conditions
Minister- applicable to
(a) the tenure of office of the members of a committee of the members of
Council, a provincial arts advisory committee and a district arts advisory committees
committee;
(b) the allowances payable, and other terms and conditions
applicable, to committee members; and
(c) the frequency of meetings of provincial arts advisory
committees and district arts advisory committees, their procedure and
all other matters affecting or incidental to the functioning of those
committees.
13. (1) A person shall not, without the consent in writing given by or on Prohibition of
behalf of, the Council, publish or disclose to any other person, otherwise publication or
than in the course of that person's duties, the contents of any document, disclosure of
communication or information whatsoever, which relates to, and which information to
has come to that person's knowledge in the course of, that person's unauthorised
duties under this Act. persons
(2) A person who knowingly contravenes subsection (1) shall be guilty
of an offence and shall be liable, upon conviction, to a fine not
exceeding thirty thousand penalty units or to imprisonment for a term
not exceeding three years, or to both.
14. The Council shall, with the approval of the Minister, determine- General matters
(a) the tenure of office of the members of a provincial arts advisory relating to
committee, a district arts advisory committee and a committee that may committees
be appointed under paragraph 8 of Part I of the Schedule;
(b) the allowances payable to the members of the committees;
(c) the conditions applicable to the committees;
(d) the procedure at a meeting of a committee; and
(e) all other matters affecting the committees.
PART III
16. There shall be a Registrar of National Arts Associations who shall Registrar
be a public officer and appointed by the Minister.
17. (1) The Registrar shall establish and maintain in the prescribed Registration of
form a register where he shall register an association or organisation as a national arts
national arts association. associations
19. (1) An application for registration as a national arts association Application for
shall be submitted to the Registrar in the prescribed form. registration
20. (1) The Registrar shall refuse to register any association or Grounds for
organisation as a national arts association if he is satisfied- refusing to
register national
arts association
(a) that the association or organisation does not exist;
(c) that the name under which the association or organisation wishes Cap. 119
to be registered is identical, or similar, to the name of any existing
national arts association or any society or body registered, or exempted
from registration, under the Societies Act; or
22. Subject to section twenty-three the Registrar may, at any time, Cancellation of
cancel the registration of any registered body if the Registrar is satisfied registration
that it is expedient to do so on the ground that-
(a) the constitution or rules of the registered body are, in the opinion
of the Registrar repugnant to, or inconsistent with, the provisions of any
law for the time being in force in Zambia;
(b) the registered body is operating in a manner contrary to the
public interest;
(c) the Registrar has reason to believe that the registered body has
ceased to exist as a national arts association; or
(d) the registered body has changed its name and the new name it
has adopted-
(ii) so nearly resembles the name of the registered body as, in the
opinion of the Registrar, is likely to deceive the public or the members
of either association; or
23. (1) Before the Registrar cancels the registration of a registered Notification of
body, the Registrar shall make and furnish the registered body intended
concerned with a notice giving reasons for the intended cancellation and cancellation
require the association to show cause as to why the registration should
not be cancelled.
(2) If the Registrar is not satisfied with the explanation given by the
affected registered body he shall cancel the registration.
24. (1) An association or organisation which has been served with the Appeal against
notice referred to in section twenty-one or a registered body whose refusal to
registration is cancelled under section twenty-two may appeal to the register
Minister within thirty days of the receipt of the notice against the refusal association or
or cancellation, and the Minister shall hear the appeal within thirty days. cancellation of
registration
(2) Where an appeal is made under subsection (1), the Minister may
give such directions to the Registrar as the Minister considers necessary
to enable him to detemine the appeal.
(3) Where an appeal is made under subsection (1), the Minister may
confirm, set aside or vary the decision of the Registrar.
25. (1) A registered body may be affiliated to the Council through such Affiliation to
procedure as may be prescribed by the Council. Council of
registered body
GENERAL PROVISIONS
26. Except as provided in this Act, the Council shall not interfere with Independence
the day-to-day administration or internal affairs of a registered body or of registered
an associate body. and associate
bodies
27. (1) A registered body or any person aggrieved by a decision of the Appeals to
Council may, not later than thirty days from the receipt of that decision, Minster
appeal to the Minister.
28. Subject to the other provisions of this Act, the Minister may give Directions by
directions to the Council in matters of policy to be followed in the Minister
pursuance of its objects and the performance of its functions.
29. (1) In order to allow orderly dissolution, a registered body shall not Dissolution of
dissolve itself except with the written approval of the Registrar. registered body
(a) state in the application the reason for the proposed dissolution;
and
(b) submit to the Council the application together with the agenda
and minutes of the meeting of the body at which the decision to dissolve
the body was taken.
(3) Where a registered body is dissolved, the assets and liabilities of the
body shall be disposed of in accordance with the direction of the
Council.
30. The Council may after the approval of the Minister, and in Rules
consultation with the relevant registered body, make rules concerning-
(a) the activities of the registered bodies;
(b) the conduct of the members and office bearers of the registered
bodies;
(c) the maintenance of proper accounts and records by the registered
bodies;
(d) the annual subscription fees to be paid to the Council by the
registered bodies;
(e) the standards to be attained and the method and procedure to be
followed by a body of persons desirous of entering a competition in
Zambia; or
(f) the procedure to be followed by a registered body or individual
from outside Zambia for entering a competition or undertaking any
artistic activity in Zambia.
SCHEDULE
(Section 4 (2))
PART I
THE COUNCIL
1. (1) The seal of the Council shall be such device as may be Seal of Council
determined by the Council and shall be kept by the Registrar.
3. (1) A member shall hold the office of member for a period of four Tenure of office
years from the date of appointment, but shall be eligible for and vacancies
reappointment.
(g) upon the expiry of not less than one month's notice in writing of
that member's intention to resign given by the member to the Chairman.
4. (1) Subject to subsection (2), whenever the office of a member Filling of casual
becomes vacant before the expiry of the term of office specified in vacancy
paragraph 3, the Minister, or, if the member who vacated the office was
appointed by any of the bodies referred to in paragraph 2, that body, may
appoint another person to be a member in place of the member who
vacates the office.
(2) The person appointed under subsection (1) shall hold office only for
the unexpired term of office of the person who vacated that office.
5. (1) Subject to the other provisions of this Act, the Council may Proceedings of
regulate its own procedure. Council
(2) The Council shall, for the transaction of business, meet at least twice
in every calendar year at such places and times as the Chairperson may
determine.
(3) One half of the total number of members shall constitute a quorum
at any meeting of the Council.
(5) If the urgency of any particular matter does not permit the giving of
the notice referred to in sub-paragraph (4), a special meeting may be
called upon giving shorter notice.
(6) There shall preside at a meeting of the Council the Chairperson or,
in the absence of the Chairperson, the Vice-Chairperson or, in the
absence of both the Chairperson and the Vice-Chairperson, such
member as the members present may elect for the purpose of that
meeting.
(9) The Council may invite any person whose presence is in its opinion
desirable, to attend and to participate in the deliberations of a meeting of
the Council, but such a person shall have no vote.
7. (1) If any person is present at a meeting of the Council at which any Disclosure of
matter in which that person or that person's spouse is directly or interest
indirectly interested in a private capacity is the subject of consideration,
he shall, as soon as practicable after the commencement of the meeting,
disclose that interest and shall not, unless the Council otherwise directs,
take part in any consideration or discussion of, or vote on, any question
touching that matter.
PART II
ADMINISTRATION
9. (1) There shall be a Director of the Council who shall be appointed Director and
by the Council after the approval of the Minister. Deputy Director
(2) The Director shall be the Chief Executive Officer of the Council and
shall be responsible for the administration of the affairs of the Council.
(3) The Council may appoint a Deputy Director to assist the Director.
(4) The Director may, by directions in writing and subject to such terms
and conditions as the Director thinks fit, delegate to the Deputy Director
any of the functions of the Director under this Act.
(5) The Director, or in his absence the Deputy Director, shall attend
meetings of the Council and the Board and may address such meetings,
but shall not vote on any matter;
Provided that the person presiding at any meeting of the Council may,
for good cause, require the Director or Deputy Director, as the case may
be, to withdraw from the meeting.
10. The Council may appoint, on such terms and conditions as it may Staff
determine, such other staff and agents as it considers necessary for the
performance of the functions of the Council.
PART III
FINANCIAL AND OTHER
PROVISIONS
11. (1) The funds of the Council shall consist of- Funds of
Council
(c) such other moneys or assets as may accrue to, or vest in, the
Council as a result of the investments made, or transactions entered into,
in the course of its operations.
(a) shall cause to be kept full and correct books of account of all
moneys received and expended by it;
(b) may invest its funds in such manner and to such extent as the
Council may consider fit;
(c) shall after the approval of the Minister and subject to such
conditions as the Minister may impose, borrow money from any source
within Zambia.
12. The Council shall establish and administer a fund to be known as Arts
the Arts Development Fund from which it may lend funds to any development
registered body. fund
13. The financial year of the Council shall be the period of twelve Financial year
months ending on 31st December in each year.
14. The Council shall cause to be kept proper books of account and Accounts
other records relating to its accounts.
15. (1) The Council may, at any time, by notice of the Director, order a Power to call
registered body to submit to the Council, within such time as the for accounts
Council may specify in the order, duly audited accounts of the body.
(2) The notice referred to in subsection (1) shall be for a period of not
less than thirty days from the date on which the notice is served on the
registered body.
(3) Where a registered body fails to comply with the notice referred to
in subsection (1), or the Council discovers any irregularities in the
accounts of the body, the Council may take such action against the body
as the Council may consider fit.
16. (1) The Council shall, after 31st December in each year, but not Annual report
later than six months from that date, submit to the Minister a report of its
activities during the previous year and containing such other
information as the Minister may direct.
(2) The annual report of the Council shall, among other things, include a
report on the financial affairs of the Council.
(4) The Minister shall, not later than seven days after the first sitting of
the National Assembly next after the receipt of the report referred to in
subsection (1), lay it before the National Assembly.
SUBSIDIARY LEGISLATION
CHAPTER 170
Regulation
1. Title
2. Allowances
3. Cultural officers
4. Suspended registered body
5. Books of account
6. Register of Members
7. Contracts of service
8. Tours
9. Application for affiliation
10. Administrative and scrutiny charge
FIRST SCHEDULE
SECOND SCHEDULE
THIRD SCHEDULE
FOURTH SCHEDULE
PART I
PRELIMINARY
1. These Regulations may be cited as the National Arts Council of Title
Zambia Regulations.
(b) provide such necessary data and information on all aspects of the
arts as may be required by the Council and facilitate research into the
arts.
(3) A provincial cultural officer shall facilitate the work of the Council
in the provinces where provincial arts advisory committees have not
been established, and after these committees have been established, the
provincial cultural officers shall become ex-official members of the
committee.
(3) The Council shall prescribe in the appointment the powers of the
interim committee and duration of the appointment.
5. (1) A registered body shall keep and maintain such books of account Books of
as shall be necessary to maintain correct records of all its financial account
matters, so as to enable auditors to audit the books.
7. A registered body shall send, for approval by the Council, draft Contracts of
contracts of service of professional artists in its specialised art form. service
8. (1) A registered body shall, with the approval of the Council, Tours
determine the manner in which national or representative arts groups
shall represent Zambia on tours or at international gatherings.
(2) A registered body shall apply to the Council for any financial
assistance, or otherwise, for a national or representative arts group to
undertake any artistic activity within or outside Zambia.
9. (1) An associate body other than a provincial arts advisory Application for
committee shall apply to the Council for affiliation in the form affiliation
prescribed in the Second Schedule.
(2) An associate body shall when applying for affiliation pay the
affiliation fees prescribed in the Third Schedule.
PART I
PRELIMINARY
Rule
1. Title
PART II
REGISTRATION, FEES AND
CHARGES
2. Application for registration
3. Fees and Charges
PART III
CODE OF CODUCT
4. Activities outside Council
5. Prohibition of provision of information to press
6. Prohibition of abuse of funds, etc, of Council
7. Prohibition of representation without authority
8. Standards
9. Promotion of artists
PART IV
COMPETITIONS, HONOURS
AND AWARDS
10. Furnishing of rules to Council
11. Approval of presiding Judge
12. Publicity for competition
13. Adjudicators guidelines
PART V
LICENCES
14. Prohibition of promotion of artistic activity without licence
15. Application for licence as promoter
16. Details on application
Rule
17. Licences not transferable
18. Replacing of licence
19. Waive payment
20. Suspension or cancellation of licence
21. Temporary licence
22. Conditions of temporary licence
23. Application for temporary licence
24. Refund
PART VI
FOREIGN ARTISTS
UNDERTAKING ACTIVITIES IN
ZAMBIA
25. Application for clearance
26. Artists from outside Zambia
27. Conditions of clearance
28. Endorsement on application
29. Reasons for refusal
30. Appeal to Minister
31. Cancellation of clearance
32. Clearance fee
33. Cultural exchanges
PART VII
GENERAL
34. Voting powers
35. Inspection of accounts
36. Validity period
PART I
PRELIMINARY
1. These Rules may be cited as the National Arts Council of Zambia Title
Rules.
PART II
REGISTRATION, FEES AND
CHARGES
2. An application for registration as a registered body shall be Application for
submitted to the Registrar in NAC Form 1 set out the First Schedule. registration
3. Every registered body shall pay to the Council the fees or Fees and
charges prescribed in the Second Schedule. charges
PART III
CODE OF CONDUCT
4. A member of the Council shall not engage in any activities outside Activities
the Council which may cause discredit to the Council. outside Council
5. A member of the Council shall not provide information to the press Prohibition of
on the activities of the Council without obtaining prior authorisation provision of
from the Council. information to
press
6. A member of the Council shall not abuse funds, premises and Prohibition of
property of the Council. abuse of funds,
etc, of Council
7. A member of the Council shall not represent the Council at public Prohibition of
artistic gatherings inside or outside Zambia, without prior authorisation representation
from the Council. without
authorisation
8. Every registered body shall maintain high standards in its respective Standards
speciality in the performing and visual arts.
PART IV
COMPETITIONS, HONOURS
AND AWARDS
9. The Council shall promote local and international artistic Promotion of
performances and exhibitions and assist registered bodies in training, artists
research and publications.
10. Every registered body shall, within two months of registration and Furnishing of
prior to the holding of any competition, furnish the Council, for rules
approval, with the rules relating to the adjudication of competitive
exhibitions and performance of members organisations within the
registered body.
11. The Council shall approve the person to preside as Judge in every Approval of
adjudication of competitive exhibitions or performance by the registered presiding judge
bodies.
12. Every registered body shall give adequate publicity whenever it Publicity for
holds any competitions or adjudication in order to ensure that there is competition
wide participation of all members of that registered body.
13. The Council shall in carrying out competitions under these Rules Adjudicators
follow guidelines set out in the Third Schedule. guidelines
PART V
LICENCES
14. A person shall not promote any activity unless he is licensed by the Prohibition of
Council. promotion of
artistic activity
without licence
17. (1) A licence granted under these Rules shall be personal to the Licence not
applicant and shall not be transferable. transferable
(2) A holder of a licence under these Rules shall give written notice to
the Council of-
(3) A holder of a licence shall obtain the consent of the Council before-
(4) A licensee shall not carry on, nor hold himself out, as carrying on
any promotions other than that permitted by his licence.
18. Where the Council is satisified that a licence has been Replacing of
inadvertently lost, destoyed or defaced, the Council shall replace the licence
licence on payment by the licence of the prescribed fee.
20. (1) The Council may suspend, or cancel a promotor's licence if the Suspension or
promoter violates any of the provisions of the Act or these Rules or is in cancellation of
breach of the terms of the contract with the artist he is promoting, licence
(2) Where the Council suspends or cancels a promoter's licence, the
Council shall outline the conditions of the suspension or cancellation in
the letter communicating the suspension or cancellation to the promoter.
22. The Council may, in granting a temporary licence under rule 21, Conditions of
attach to the licence the terms and conditions to be fulfilled by the temporary
promoter taking into account the nature and purpose of the promotion, licence
and any fees to be paid, if any, and the monitoring of the promotion by
the Council.
23. An application for a temporary licence shall be in NAC Form 3 Application for
prescribed in the First Schedule. temporary
licence
24. Where it appears to the Council that owing to the exceptional Refund
cirumstances of a particular case, the retention by the Council of a fee
which has been paid by a promoter would be inequitable, the Couincil
may refund all or part of the fee to the promoter.
PART VI
FOREIGN ARTISTS
UNDERTAKING ARTISTIC
ACTIVITIES IN ZAMBIA
25. (1) Every promoter from outside Zambia who seeks to promote an Application for
artist or art dealer, in Zambia shall apply to the Council for clearance not clearance
less than three calendar months prior to the holding of any artistic
activity.
26. (1) An artist or art dealer from outside Zambia shall not undertake Artists from
any artistic activity, or the public promotion of that activity, without a outside Zambia
clearance certificate issued by the Council.
(2) The artist or art dealer referred to in sub-rule (1) shall apply to the
Council in NAC Form 4 prescribed in the First Schedule.
27. Where the Council decides to give clearance to a promoter, artist or Conditions of
art dealer, it may attach such conditions as it considers necessary and clearance
may include the following:
(a) that a representative of the Council may be present at some
public artistic activities;
(b) that a local artist or artistic group may accompany the artist from
outside Zambia during the public artistic activities; and
(c) that the artist from outside Zambia may be requested to conduct
workshops, clinics or training sessions for local artists to help promote
the artistic excellence of local artists.
29. (1) On receipt of the application for clearance the Council shall Reasons for
without undue delay give or refuse to give clearance to the promoter. refusal
(2) Where a Council refuses to give clearance it shall furnish reasons for
such refusal.
30. An applicant whose application has been rejected by the Council Appeal to
may appeal to the Minister within twenty-one days. Minister
31. During the artistic activities of an artist from outside Zambia, the Cancellation of
Council shall, in consultation with the appropriate registered body clearance
reserve the right to cancel the clearance of the artist if the continuation
of the artistic activity is, in the opinion of the Council, repugnant to, or
inconsistent with, the provision of any law for the time being in force in
Zambia or that the artistic activity is contrary to public interest.
32. A promoter of the artist from outside Zambia shall pay a Clearance fee
clearance fee to the Council calculated as ten per centum of the expected
income or five thousand fee units whichever is the less before the
clearance certificate is issued.
33. All artistic activities which are non comercial and are promoted on Cutlural
a cultural exchange basis between the Government of the Republic of exchanges
Zambia and foreign governments shall be cleared by the Council and no
fee and such clearance shall be on condition that to the artist, or
promoter does not realise any income as a result of the artistic activity.
PART VII
GENERAL
34. Every member of the Council shall have one vote in all meetings of Voting powers
the Council or a committee created by the Council.
35. All books of account and financial records of registered bodies Inspection of
shall be subject to inspection by the Council or any auditor appointed by accounts
the Council to carry out such inspection.
36. Every clearance certificate, licence or any authorisation given by Validity period
the Council shall specify the period of validity.
37. Any person who contravenes any of the provisions of these rules Offences and
shall be guilty of an offence and shall be liable upon conviction to a fine penalties
not exeeding five thousand penalty units.
FIRST SCHEDULE
(Rule 2)
(Rule 25)
(Rule 3)
FEES AND CHARGES
Fee Units
1. Registered as a registered body 100
2. Replacement of a certificate of registration 50
3. Annual subscription to the Council 3500
4. Licence as a promoter 3000
(individual/promotional organisation)
5. Replacement of licence 2000
6. Licence as a promoter 5000
(tourist establishments)
7. Replacement of Licence 3000
8. Clearance certificate for foreign artists 10% of
estimated
gross
income of artistic
activity or
5000 fee units
whichever
is the less
9. Administrative and scrutiny charge for all
applications to the Council 200
THIRD SCHEDULE
(Rule 13)
ADJUDICATORS GUIDELINES
N.B. The NAC should look at the existing Adjudicators Guidelines
and incorporate them in this Schedule with inclusions, if any, or those
forms of the arts not already included.