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VOLUME 11

CONTENTS

Chapter 153. Hotels Act

Chapter 154. Zambia National Broadcasting


Corporation Act

Chapter 155. Tourism Act

Chapter 156. Professional Boxing and Wrestling


Control Act

Chapter 157. Casino Act

Chapter 158. Theatres and Cinematograph


Exhibition Act

Chapter 159.Vacant

Chapter 160.Vacant

Chapter 161. Printed Publications Act

Chapter 162. Clubs' Registration Act

Chapter 163. Lotteries Act

Chapter 164. Zambia Institute of Mass


Communications (Repeal) Act

Chapter 165. Pools Act

Chapter 166. Betting Control Act

Chapter 167. Liquor Licensing Act

Chapter 168. Traditional Beer Act


Chapter 169. Radiocommunications Act

Chapter 170. National Arts Council of Zambia


Act

Chapter 171.Vacant

Chapter 172.Vacant

CHAPTER 153

THE HOTELS ACT

ARRANGEMENT OF SECTIONS

PART I
PRELIMINARY

Section
1. Short title
2. Interpretation

PART II
THE HOTELS BOARD

3. Establishment and composition of Board


4. Tenure and vacancies
5. Remuneration and allowances
6. Functions of Board
7. Proceedings of Board
8. Disclosure of interest
9. Immunity of members
10. Committees of Board
PART III
ADMINISTRATION

11. Secretary and other staff


12. Prohibition of publication or disclosure of information to
unauthorised persons

PART IV
LICENSING AND GRADING OF HOTELS

13. 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

20. Entry, inspection and information


21. Register of guests
22. Lien of hotel-keeper
23. Liabilities of an hotel-keeper
24. Settlement of bill
25. Service charge and tips
26. Offences and penalties
27. Regulations
28. Application of Liquor Licensing Act. Cap. 167
29. Repeal and disapplication
CHAPTER 153

HOTELS Act No.


27 of 1987
An Act to enable control to be exercised over hotels for the purpose of 13 of 1994
enforcing therein reasonable standards of cleanliness, sanitation and
service; to repeal and replace the Hotels Act, 1950, and to disapply the
Inn-keepers Act, 1878, so far as it remains in force in Zambia; and to
provide for matters connected with or incidental to the foregoing.

[31st December, 1987]

PART I
PRELIMINARY

1. This Act may be cited as the Hotels Act. Short title

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

"Board" means the Hotels Board established under section three;

"board" means the supplying of lodging and includes the supplying of


lodging and meals by the same establishment whether or not separate
charges are made for lodging, meals or any other service;

"Chairman" means the Chairman appointed under section three;

"committee" means a committee of the Board, established by the Board


under subsection (1) of section ten;

"hotel" means a motel, lodge, boarding-house, resthouse, and any other


building or premises used for the accommodation of the public in which
lodgings are provided and provisions are supplied by the manager
thereof but does not include any Government resthouse, hostel, school,
or any premises or class of premises exempted from this Act by the
Minister under section twenty-seven;

"hotel-keeper" means a person to whom a hotel licence has been issued


under subsection (1) of section thirteen, and includes a person to whom
a licence has been transferred under section fifteen;
"hotel licence" means a licence issued under subsection (1) of section
thirteen;

"hotel manager's licence" means a licence issued under subsection (2) of


section thirteen and "hotel manager" shall be construed accordingly;

"member" means a member of the Board, appointed under section three


and includes the Chairman and the Vice-Chairman;

"public officer" means a person in the employment of-


(a) a department of the Government;
(b) a statutory corporation;
(c) a statutory body; or
(d) a company in which the Government has majority or controlling
interest;

"register" means the register kept by an hotel-keeper under subsection


(1) of section twenty-one;

"Secretary" means the Secretary appointed under section eleven;

"Vice-Chairman" means the Vice-Chairman appointed under section


three;

PART II

THE HOTELS BOARD

3. (1) There shall be established an Hotels Board, which shall consist Establishment
of- and
composition of
Board

(a) a Chairman and a Vice-Chairman;

(b) an Advocate of the High Court for Zambia;


(c) a health inspector;

(d) a member of the Hotels and Catering Association of Zambia;

(e) a member of the Hotels and Catering Workers' Union of Zambia;


and

(f) not more than three other members.

(2) The members referred to in paragraphs (a), (b), (c) and (f) of
subsection (1) shall be appointed by the Minister in his discretion but the
members referred to in paragraphs (d) and (e) shall be appointed by the
Minister in accordance with the recommendation of the organisation
concerned.

(3) Members, except those referred to in paragraphs (a), (b), (c) and (f)
of subsection (1), may nominate a member of their organisation to
represent them at a particular meeting and that representative shall, for
the purposes of that meeting, be a member.

4. (1) Members shall hold office for three years and may be 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.

(3) No person shall be appointed a member and where he is a member


he shall cease to be a member-

(a) if he is declared to be of unsound mind;

(b) if he is an undischarged bankrupt;

(c) if he is detained, or his freedom of movement is restricted, for


over six months under any law in force in Zambia;

(d) if he is sentenced to a term of imprisonment longer than six


months; or
(e) if he is convicted of an offence involving dishonesty.

5. Members and members of committees shall not receive any Remuneration


remuneration in respect of their services, but the Board may, with the and allowances
approval of the Minister, determine and pay to them allowances in
respect of attendance at meetings or while otherwise engaged on the
business of the Board.

6. (1) The functions of the Board shall be to- Functions of


Board

(a) enforce in hotels reasonable standards of cleanliness, sanitation


and service;

(b) ensure that proper provision is made for the sanitation of hotels;

(c) ensure that proper provision is made for hotels to be managed in


an efficient manner;

(d) ensure that proper provision is made for the safety of persons
and goods in hotels;

(e) ensure that the food in hotels is properly stored, prepared,


cooked and served;

(f) ensure that the premises in respect of which a hotel licence is


issued are structurally adapted for use as an hotel;

(g) issue hotel licences and hotel manager's licences;

(h) enter at any reasonable time the premises of a hotel for the
purpose of ascertaining whether this Act or regulations made under it
are being complied with; and

(i) do all such things as are necessary to promote the hotel industry
and the welfare of guests.

(2) The Board may, by directions in writing and subject to such


conditions as it thinks fit, delegate to a member, the Secretary or other
official in the Ministry responsible for hotels, any of its functions under
this Act.

7. (1) Subject to this Act, the Board may regulate its own procedure. Proceedings of
Board

(2) The Board shall meet for the transaction of business at least once in
every three months at such places and at such times as the Chairman
may determine.

(3) Upon giving notice of not less than fourteen days, a meeting of the
Board may be called by the Chairman, and shall be called if not less than
four members so request in writing:

Provided that if the urgency of any particular matter does not permit the
giving of the notice, a special meeting may be called upon giving a
shorter but reasonable notice in the circumstances.

(4) The particulars of any business to be transacted at a meeting of the


Board shall be circulated to the members together with the notice of the
meeting.

(5) Five members shall form a quorum at a meeting of the Board.

(6) The Chairman shall preside at every meeting of the Board or in the
absence of the Chairman, the Vice-Chairman shall preside and in the
absence of both the Chairman and Vice-Chairman, a member elected by
the members present for the purpose of that meeting, shall preside.

(7) A decision of the Board on any question shall be by a majority of the


members present and voting at the meeting and, in the event of an
equality of votes, the person presiding at the meeting shall have a
casting vote in addition to his deliberative vote.

(8) The Board may invite any person, whose presence is in its opinion
desirable, to attend and to participate in the deliberations of a meeting
but that person shall have no vote.
(9) The validity of any proceedings, act or decision of the Board, shall
not be affected by any vacancy in its membership or by any defect in the
appointment of any member or because any person not entitled to do so
took part in the proceedings.

(10) The Board shall cause minutes to be kept of the proceedings of


every meeting of the Board and of every meeting of any committee
established by the Board.

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.

(2) A disclosure of interest made under this section shall be recorded in


the minutes of the meeting at which it was made.

9. No action or other proceeding shall lie or be instituted against any Immunity of


member for, or in respect of, any act or thing done or omitted to be done members
in good faith in the exercise or purported exercise of his functions under
this Act.

10. (1) The Board may, for the purpose of performing its functions Committees of
under this Act, establish any committee the Chairman of which shall be Board
a member of the Board and may delegate to any such committee such of
its functions as it determines.

(2) The Board may appoint, as members of a committee established


under subsection (1), persons who are or who are not members of the
Board and such persons shall hold office for such period as the Board
may determine.

(3) Subject to any specific or general directions of the Board, any


committee established under subsection (1) may regulate its own
procedure.
(4) Sections eight and nine shall apply to members of a committee.

PART III

ADMINISTRATION

11. (1) The Public Service Commission shall appoint a Secretary to the Secretary and
Board, which office shall be in the public service. other staff

(2) The Secretary is responsible for the administration of the day-to-day


affairs of the Board under the general supervision of the Board.

(3) The Public Service Commission shall also provide to the Board the
services of such other public officers, which shall include inspectors, as
may be required for the efficient discharge of the functions of the Board.

12. (1) No person shall, without the consent in writing given by or on 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

(2) A person who knowingly contravenes subsection (1) is guilty of an


offence and liable, upon conviction, to a fine not exceeding two
thousand two hundred and fifty penalty units or to imprisonment not
exceeding three years, or both.

(3) If a person having information which to his knowledge has been


published or disclosed in contravention of subsection (1) unlawfully
publishes or communicates that information to any other person, he is
guilty of an offence and liable, upon conviction, to a fine not exceeding
two thousand two hundred and fifty penalty units or to imprisonment for
a term not exceeding three years, or both.
(As amended by Act No. 13 of 1994)
PART IV

LICENSING AND GRADING OF HOTELS

13. (1) No person shall operate an hotel unless he has previously Licences
obtained an hotel licence from the Board specifying the premises in
respect of which the licence is granted.

(2) No person shall manage an hotel unless he has previously obtained


an hotel manager's licence from the Board.

(3) An hotel licence or an hotel manager's licence shall commence on


the day on which it is issued and, unless previously cancelled, shall
expire on the 31st December following the date of commencement.

14. (1) No hotel licence shall be granted by the Board unless the Board Conditions
is satisfied 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;

(b) the premises in respect of which the application is made are


structurally adapted for use as an hotel;

(c) proper provision has been made for the sanitation of the hotel;

(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

(a) an hotel is being conducted in an unclean or insanitary manner;

(b) an hotel is not being conducted in an efficient manner;

(c) the food served in an hotel is not properly prepared, cooked or


served;

(d) any condition specified in or under subsection (1) of section


fourteen is not being complied with;

(e) the hotel-keeper or the hotel administration is involved in,


encourages, or condones, crime being committed in or around the hotel;
or

(f) the hotel keeper is convicted of an offence under the Control of


Goods Act or regulations made thereunder;
the Board may, subject to subsections (2) and (3), revoke the hotel
licence or the hotel manager's licence, or both:

Provided that a hotel manager's licence shall not be revoked if the Board
is satisfied that any contravention under this subsection took place
without his knowledge, consent or connivance.

(2) Where there is a contravention under subsection (1) the Board may
require the hotel-keeper, by notice in writing, to correct the
contravention within a period, not being less than thirty days, and if the
hotel-keeper fails to do so to the satisfaction of the Board within the
specified period, the Board may revoke in writing the hotel licence or
the hotel manager's licence, but the revocation of either licence shall not
take effect until the expiration of thirty days from the date of the notice
to revoke:

Provided that where the nature or extent of the contravention is serious,


the Board may order that the revocation of the hotel licence or hotel
manager's licence shall take effect immediately.

17. (1) The Board may, on the application of an hotel-keeper or on its 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.

19. (1) A person aggrieved by- Appeal to


Minister

(a) a refusal by the Board to grant a licence or to permit the transfer


of an hotel licence;
(b) the cancellation of a licence by the Board; or

(c) the grading or re-grading of an hotel by the Board;


may, within thirty days from the date of receipt of notification of the
refusal, cancellation, grading or re-grading, appeal to the Minister, who
may confirm, vary or set aside the decision of the Board, or send it back
to the Board for further consideration.

(2) If the Minister is satisfied that the failure to lodge an appeal within
the thirty days referred to in subsection (1) was not due to the neglect or
wilful default of the applicant, he may allow the appeal to be lodged out
of time.

(3) In every case in which an appeal under this section has been lodged,
the Board shall submit to the Minister in writing the grounds for its
decision.

PART V

MISCELLANEOUS

20. A member, or any person authorised in writing by the Board in that Entry,
behalf may, at any reasonable time, enter and inspect the premises of an inspection and
hotel and may require the hotel-keeper to furnish such information as is information
necessary to enable the Board to carry out its functions.

21. (1) Every hotel-keeper shall keep a register in which shall be Register of
recorded the name of every guest and such other particulars as may be guests
prescribed.

(2) Every hotel-keeper shall-

(a) present the register to every person who intends to stay at his
hotel and request him to write his name in the register together with such
other particulars as may be prescribed;

(b) present the register for inspection when so requested by a


member of the Board, or by a police officer of or above the rank of
Sub-Inspector; and

(c) supply to any police officer of or above the rank of


Sub-Inspector the original of any entry in the register or duplicate
thereof when requested by that officer.

(3) An hotel-keeper who fails to comply with subsection (2) is guilty of


an offence and liable, upon conviction, to a fine not exceeding seven
hundred and fifty penalty units or imprisonment not exceeding three
months, or both.

(4) An hotel-keeper may refuse to allow into his hotel a guest who
refuses or fails to give the particulars prescribed by or under this Act.

(5) A guest who makes a statement in the register of guests knowing


that statement to be false is guilty of an offence and liable, upon
conviction, to a fine not exceeding seven hundred and fifty penalty units
or imprisonment not exceeding three months, or both.
(As amended by Act No. 13 of 1994)

22. (1) An hotel-keeper may detain goods brought into the hotel or left Lien of
in the hotel by a guest indebted to him for board and may continue to hotel-keeper
detain the goods until the debt is paid but may not detain the clothing
which the person is wearing.

(2) An hotel-keeper shall have the right to sell by public auction goods
detained under subsection (1) and shall, after having out of the proceeds
of the sale paid himself the amount of the debt together with the costs
and expenses of the sale, make reasonable efforts to pay to the guest
whose goods have been sold, the surplus, if any, remaining after the
sale.

(3) No sale of the goods referred to in subsection (1) shall be made until
after the goods have been for six weeks in the charge or custody of the
hotel-keeper or in the hotel without the debt having been paid or
satisfied.

(4) At least one month before any sale is made under this section, the
hotel-keeper shall cause to be published in at least one newspaper
circulating in the district where the hotel is situated, an advertisement
containing notice of such intended sale and giving briefly a description
of the goods intended to be sold, together with the name of the guest
who brought, deposited or left the goods, if known.

(5) Where goods are sold under subsection (2) the hotel-keeper shall,
before the expiration of the period of seven days beginning with the date
of the sale of the goods, prepare a record in relation to the goods
containing the following particulars:

(a) a sufficient description of the goods;

(b) the method, date and place of the sale;

(c) the name and principal place of business of the auctioneer;

(d) the amount of the proceeds of the sale; and

(e) a statement of each item of the charges of the hotel-keeper in


relation to the goods and the transaction to which each item relates;
and shall during the period of six years beginning with the date on which
the record is prepared, keep the record together with a copy of the notice
of the hotel-keeper to sell the goods and shall at any reasonable time
during the period of six years, if so requested by or on behalf of the
guest, produce the record, copy and certificate, or any of them, for
inspection by the guest or a person nominated in that behalf by him.

(6) A person who fails to comply with this section, is guilty of an


offence and liable, upon conviction, to a fine not exceeding seven
hundred and fifty penalty units or imprisonment not exceeding three
months, or both.
(As amended by Act No. 13 of 1994)

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-

(a) the loss or damage was incurred in the hotel; and


(b) the loss or damage occurred during the period the guest has been
residing at the hotel or has left the goods in the custody of the
hotel-keeper.

(2) Without prejudice to any other liability or right of his with respect
thereto, an hotel-keeper shall not, as such, be liable to make good to any
guest any loss of, or damage to, or have a lien on, any motor vehicle or
any property left therein.

(3) Where the hotel-keeper is liable as such to make good the loss of or
any damage to property brought to the hotel, his liability to any one
guest shall not exceed one thousand kwacha in respect of any one
article, or five thousand kwacha in the aggregate, except where-

(a) the property was stolen, lost or damaged through the default,
neglect or wilful act of the hotel-keeper or his servant or agent;

(b) the property was deposited by or on behalf of the guest expressly


for safe custody with the hotel-keeper or his servant or agent authorised
or appearing to be authorised for the purpose and, if so required by the
hotel-keeper or that servant or agent, put into a container fastened or
sealed by the depositor; or

(c) at any time after the guest had arrived at the hotel, either the
property in question was offered for deposit and the hotel-keeper or his
servant or agent refused to receive it, or the guest or some other person
acting on his behalf wished to so offer but through the default of the
hotel-keeper or his servant or agent, was unable to do so:

Provided that the hotel-keeper shall not be entitled to the protection of


this subsection unless, at the time when the property in question was
brought to the hotel, a notice to that effect printed in plain type was
conspicuously displayed in a place where it could conveniently be read
by his guest at or near the reception office or desk or, where there is no
reception office or desk, at or near the main entrance to the hotel.

24. A person who leaves an hotel without either paying his bill for Settlement of
board or making arrangements with the hotel-keeper, his agent or bill
servant that the bill may be left in abeyance is guilty of an offence and
liable, upon conviction, to a fine not exceeding seven hundred and fifty
penalty units or imprisonment not exceeding three months, or both.
(As amended by Act No. 13 of 1994)

25. (1) A hotel shall add to every bill a service charge of ten per centum Service charge
of the bill, which shall be paid in equal shares to all the employees who and tips
are unionised or are eligible for union membership.

(2) An hotel-keeper who contravenes subsection (1) is guilty of an


offence and liable, upon conviction, to a fine not exceeding seven
hundred and fifty penalty units or to imprisonment not exceeding three
months, or both.

(3) The court convicting a hotel-keeper for a contravention of


subsection (1) shall, in addition to the penalties prescribed in subsection
(2), enter civil judgment in favour of the workers affected and order the
hotel-keeper to pay the money owing.

(4) No person is obliged to give a tip for any service rendered in an hotel
and the hotel-keeper of each hotel shall display a notice to that effect
printed in plain type in a conspicuous place in the hotel where it could
conveniently be read by a guest in the hotel.
(As amended by Act No. 13 of 1994)

26. A person who contravenes this Act or any direction given under it Offences and
or regulations made under it shall, unless a different penalty is provided, penalties
be liable to a fine not exceeding seven hundred and fifty penalty units or
to imprisonment not exceeding three months, or both.
(As amended by Act No. 13 of 1994)

27. (1) The Minister may, by statutory instrument, make regulations for Regulations
the better carrying out of the purposes of this Act.

(2) In particular but without prejudice to the generality of the power


conferred in subsection (1), regulations may be made-

(a) exempting premises or categories of premises from the


provisions of this Act;
(b) prescribing the form of any licence under this Act and the fees
payable therefor;

(c) providing for the grading of hotels and all matters incidental
thereto;

(d) providing for returns to be supplied from time to time by


hotel-keepers to the Board or to any person authorised by the Board in
that behalf, showing the number of guests staying at the hotel;

(e) regulating the hours of employment of any person employed in


any capacity in connection with the business of an hotel;

(f) prescribing the form of the register to be kept under section


twenty-one;

(g) requiring the disposal of the register or any part thereof; and

(h) prescribing any other matter which is required or permitted to be


prescribed under this Act.

(3) Regulations made under this section may provide for the
cancellation, by the court trying the offence, of the licence of any
hotel-keeper who is convicted of any contravention of the regulations.

28. Nothing in this Act shall affect the Liquor Licensing Act or 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

THE HOTELS ACT


THE HOTELS REGULATIONS [ARRANGEMENT OF
REGULATIONS]

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

23. 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

SECTION 15- HOTELS REGULATIONS Statutory


Regulations by the Minister Instrument
161 of 1983
162 of 1985

1. These Regulations may be cited as the Hotels Regulations. Title

2. In these Regulations, unless the context otherwise requires- Interpretation

"accommodation" means the supply of a bed with linen and sufficient


and suitable bed-covers and includes the cleaning of the bedroom and
any other supply or service which may reasonably be expected in an
hotel of the class to which the licence relates;

"bath" includes supply of adequate hot and cold water, soap and towels,
and cleaning of the bath and bathroom;

"bed and breakfast" means accommodation and continental breakfast;

"double room" means a room of at least sixteen square metres with not
more than two beds excepting a baby cot;

"full board" includes accommodation, early morning tea, breakfast,


luncheon, dinner and bath;

"hotel manager" means the person who has overall charge of the
day-to-day affairs of an hotel;
"single room" means a room of at least eleven square metres with not
more than one bed excepting a baby cot;

"suite" means a bedroom with bathroom, and interleading lounge.

3. (1) Any person required by the Act to obtain a licence to keep or 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) An application for an hotel manager's licence shall be in Form 3 in


the Schedule and the licence shall be in Form 4 in the Schedule; the
Board shall determine its own criteria for issuing a hotel manager's
licence.

4. (1) Upon receipt of an application, the Board shall satisfy itself that 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-

(a) grant or refuse a licence;

(b) postpone consideration of the application for any reason which


the Board may deem just.
6. The licence granted by the Board in respect of an hotel shall be in Grant of licence
Form 5 in the Schedule.

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.

9. In determining the classification of an hotel, the Board shall take Factors


into consideration all the factors affecting the overall standard of an governing
hotel and in particular the following: classification
(a) the standard of service and efficiency of the management and the
staff;
(b) the degree of comfort afforded, the quality of the equipment and
furnishings, the proportion of bathrooms to the number of bedrooms and
the number of private bathrooms in proportion to the whole;
(c) the standard of cleanliness throughout the hotel and the sanitary
facilities provided; the manner in which food is stored, prepared, cooked
and served and the quality of the food;
(d) the structure of the hotel buildings and the amenities provided by
public rooms, recreational facilities and grounds.

10. The Board shall, upon classification of any hotel in accordance Issue of notice
with these Regulations, send to the holder of the licence for such hotel a of classification
notice in writing in Form 6 in the Schedule informing him of such
classification.

11. Every hotel-keeper required under section thirteen of the Act to Keeping of
keep a register for the purpose of showing the name of every guest shall register
keep such register in book form in Form 7 in the Schedule.

12. Every hotel-keeper shall cause a list of current charges for his hotel List of charges
to be clearly printed and a copy of it to be displayed in every bedroom to be displayed
and in a prominent place at the reception desk at his hotel. Any person
who contravenes the provisions of this regulation shall be guilty of an
offence.

13. Every hotel-keeper shall cause the notice of classification to be Notice of


exhibited at the reception desk of the hotel, and he shall not advertise or classification to
describe his hotel in any publication, leaflet, brochure, broadcast or be displayed
elsewhere as being of a higher class than that described in such notice.
Any person who contravenes the provisions of this regulation shall be
guilty of an offence.

14. Every bedroom shall be numbered and the number allotted to each Bedrooms to be
such room shall be clearly marked on the outside of the door thereof. numbered

15. (1) When a person occupies a double room because no single-room Accommodation
accommodation is available, the hotel-keeper shall not charge to such in a double room
person, in respect of the room, a rate higher than that fixed for
single-room accommodation:

Provided that the hotel-keeper may, at any time, request such person to
share a room with another person, and, if the first person agrees, he shall
be charged as regards accommodation and for so long as the room is
shared with the other person, half the price chargeable for a double
room; and, if he refuses, such first person may be charged the full price
for the double-room accommodation.

(2) Any person who contravenes the provisions of this regulation shall
be guilty of an offence.

16. No guest staying at an hotel on full board terms shall be entitled to Charges for full
any reduction in charges by reason of the fact that he may not have board terms
consumed the full number of meals supplied under full board terms.

17. An hotel-keeper shall furnish every guest staying at his hotel with a Bill to be
bill showing in detail the item or items supplied and the charge or supplied
charges made therefor and, on payment being made, with a receipt duly
dated and signed. Every such bill and receipt shall be numbered
consecutively and a carbon copy thereof shall be kept by the
hotel-keeper and, for one year from the date of issue, such copy shall be
available for inspection by a member of the Board or a person
authorised in writing by the Board. Any person failing to comply with
the provisions of this regulation shall be guilty of an offence.

18. Every notice, order or other document issued by the Board shall be Authentication
signed by the Chairman thereof, or by some person authorised in writing of documents
by the Chairman for the purpose, and when so signed shall for all
purposes be deemed to have been duly issued by the Board until the
contrary be proved.

19. Any person authorised in writing by the Board in terms of section Power of
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)

21. A classification or reclassification of an hotel by the Board shall be Publication in Gazette

published in the Gazette.

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


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

24. The Hotels Regulations are hereby revoked. Revocation of S.I. No.
106 of 1983

SCHEDULE
PRESCRIBED FORMS
For Official Use
Only
1 ..............................
2 ..............................
3 ..............................
4 ..............................
5 ..............................

THE HOTELS ACT


FORM 1
(Regulation 3 (1))

APPLICATION FOR LICENCE TO KEEP OR MANAGE AN


HOTEL
I, ........................................................................... hereby apply in terms
of section 5 of the Hotels Act for a licence to keep/manage* the
undermentioned hotel.
1. Name of hotel
2. Address of hotel
3. Name of proprietor
(if partnership, give names of all partners; if limited company, names of
directors).
4. Name of manager
5. Qualifications and/or experience of proprietor or manager in
keeping or managing an hotel:

6. Municipal valuation of property


7. Number of bedrooms:

(a) Single No ................ No ................ No ................ No ................


TOTAL.. With bath-
room and With bath- Without bath- Without
W.C. room and room and H. & C.
No..........
(b) Double With bath- no W.C with H. & C.
TOTAL.. room and No.......... No.......... No..........
W.C.
With bath- Without bath- Without
room and room but H. & C.
no W.C. with H. & C.

8. Number of: (a) ladies' bathrooms *


(b) gentlemen's bathrooms *
For resident guests: (c) ladies' lavatories *
(c) (i) with water-borne sanitation
(c) (ii) without water-borne sanitation
(d) gentlemen's lavatories *
(d) (i) with water-borne sanitation
(d) (ii) without water-borne sanitation
For non-resident
guests: (e) ladies' lavatories *
(e) (i) with water-borne sanitation
(e) (ii) without water-borne sanitation
(f) gentlemen's lavatories *
(f) (i) with water-borne sanitation
(f) (ii) without water-borne sanitation
(g) sitting-rooms for resident guests
(g) (i) sitting-rooms for non-resident guests

(h) writing-rooms
(i) sample rooms
(j) other public rooms
*Excluding private bathrooms, lavatories and sitting-rooms.
9. Is garage accommodation provided?
If so, describe and state for how many cars
10. What is the system of lighting?
11. What is the system of water supply?
If not on mains supply, state quantity of water available
litres per day.
12. What is the system of sanitation?
13. Are all rooms mosquito-proofed?
If not, state number proofed ......................... ; number unproofed

14. Average number of staff employed:


Managers
Chefs
Cooks
Barmen
Housekeepers
Receptionists
Waiters
Kitchen staff
Bedroom staff
Others (specify)
15. Are laundry facilities provided for guests?
16. Details of dining-rooms
State seating accommodation
Number of tables
17. Is there a telephone?
If so, state location and number of extensions
18. Are special arrangements made for children?
(a) Dining-room
(b) Other rooms or services
19. Is there a liquor licence?
If so, state whether there is:
(a) separate entrance to the bar
(b) sitting-room open to all guests/residents only
(c) separate toilet arrangements for the bar
20. Hours:
(a) for attendance
(b) for meals or refreshments
(c) for night porter
21. Describe:
(a) Kitchen accommodation and storage facilities (including
refrigerator)

(b) washing-up facilities


This application is supported by:
(a) bedroom plan (in duplicate and not necessarily to scale) with
room numbers, number of electric lights in each bedroom,
location (if installed) of H. & C. installation, bathrooms and
lavatories;
(b) brief description of grounds, stating extent and amenities
provided; and
(c) permit under regulation 4 of the Public Health (Tea Rooms,
Restaurants, Boarding-houses and Hotels) Regulations in
respect of the premises.
Date ............................. Signed
*Delete as applicable.
For Official Use
Only
1 ..............................
2 ..............................
3 ..............................
4 ..............................
5 ..............................

THE HOTELS ACT


FORM 2
(Regulation 3 (2))
APPLICATION FOR RENEWAL OF LICENCE TO KEEP OR
MANAGE AN HOTEL
I, hereby apply for
the renewal of the licence issued in respect of the undermentioned hotel.
Name of hotel
Address
Name of proprietor(s)
Name of manager...........
I certify that the particulars of the hotel are the same as those submitted
with the last application for a licence/renewal of a licence in respect of
this hotel, with the exception of the changes and structural alterations set
out in the attached statement.
Date ............................. Signed
THE HOTELS ACT
FORM 3
(Regulation 3 (4))
APPLICATION FOR HOTEL MANAGER'S LICENCE
I, hereby apply
for a Hotel Manager's Licence.
Address

Qualifications and experience

Are you medically fit?

I declare that I have furnished the above information truthfully and


exactly and that I am not aware of any circumstances not disclosed
above which, if known, might raise doubts as to my fitness for an Hotel
Manager's Licence and if this declaration or any of the particulars
furnished by me are subsequently found to be false to my knowledge, I
may have my licence revoked.
Date ............................. Signed
Witnessed by Date .............................
THE HOTELS ACT
FORM 4
(Regulation 3 (4))
HOTEL MANAGER'S LICENCE
Name of holder
Residential address
Postal address
This licence is issued in terms of the Hotels Act upon the conditions set
forth overleaf.
It shall expire on

Chairman, The Hotels Board


THE HOTELS ACT
FORM 5
(Regulation 6)

LICENCE TO KEEP OR MANAGE AN HOTEL


Name of holder
Name of hotel
Address of hotel
This licence is issued in terms of the Hotels Act upon the conditions set
forth overleaf

and is valid until the day of .................................... , 19 ...................

Chairman,
The Hotels
Board
CONDITIONS

THE HOTELS ACT


FORM 6
(Regulation 10)

NOTICE OF CLASSIFICATION
To Hotel/Motel Manager,
Your are hereby notified that the

Hotel has been classified by the Hotel Board as a Hotel.

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

Nationality ................................................... Date of arrival at hotel

Passport/Travel Document/NRC No
Date and place of issue
Purpose of stay at hotel

Holiday

Business

International Convention or Conference

Visiting friends/relatives

Employment

Other (specify)

Proposed date of departure from hotel


If not resident in Zambia the following details must be completed.
Date of arrival in Zambia
Proposed date of departure from Zambia
Address to which proceeding

Identity checked by
Signature of Guest
No innkeeper shall be liable to make good to any guest of such innkeeper any loss of or injury to goods or
property brought to his inn, not being a horse or other live animal, or any gear appertaining thereto, or any
carriage, to a greater amount than the sum of sixty kwacha, except in the following cases (that is to say):

(1) Where such goods or property shall have been stolen, lost or injured through the wilful act, default, or
neglect of such innkeeper or any servant in his employ;

(2) Where such goods or property shall have been deposited expressly for safe custody with such innkeeper:
Provided always, that in the case of such deposit, it shall be lawful for such innkeeper, if he thinks fit, to
require, as a condition of his liability, that such goods or property shall be deposited in a box or other
receptable, fastened and sealed by the person depositing the same.
Money or valuables may be handed to the Manager for safe keeping.
SECTION 15-THE HOTELS (MINIMUM STANDARDS Statutory
AND CLASSIFICATION) REGULATIONS Instrument
21 of 1983

Regulations by the Minister

1. These Regulations may be cited as the Hotels (Minimum Standards Title


and Classification) Regulations.

2. In these Regulations, unless the context otherwise requires- Interpretation

"approved" means approved by the Board;

"graded" means, in relation to a hotel, a five-star, four-star, three-star,


two-star or one-star hotel and

"ungraded" shall be construed accordingly.

3. No licence may be issued in respect of any premises unless the Minimum


premises to which an application relates meets, to an approved standard, requirements
the requirements set out in the First Schedule. for hotels

4. Hotels shall be classified as follows: Classes of


(a) five-star; hotels

(b) four-star;
(c) three-star;
(d) two-star;
(e) one-star;
(f) ungraded.

5. A hotel shall be graded if, in addition to the requirements prescribed Additional


under paragraph 3, it meets, to an approved standard, the requirements requirements
set out- for graded
(a) in the case of a five-star hotel, in Part I of the Second Schedule; hotels
(b) in the case of a four-star hotel, in Part II of the Second Schedule;
(c) in the case of a three-star hotel, in Part III of the Second
Schedule;
(d) in the case of a two-star hotel, in Part IV of the Second Schedule;
and
(e) in the case of a one-star hotel, in Part V of the Second Schedule.

6. There shall be no additional requirements for a licence relating to an Ungraded


ungraded hotel. hotels
FIRST SCHEDULE
(Paragraph 3)

MINIMUM REQUIREMENTS FOR ALL HOTELS

Bedrooms
1. Through-ventilation shall be provided in all bedrooms.
2. For hotels constructed after the coming into force of these
Regulations, the minimum sizes of bedrooms built-in cupboards and
bathrooms shall not be deducted but the area occupied by balconies shall
be deemed not to be part of the bedroom.
3. The window area shall be a minimum of 10 per cent of the floor area.
An area equal to 50 per cent of the minimum window area must be
capable of opening.
4. (a) There shall be provided in each bedroom electric lighting and an
electricity outlet.
(b) There shall be provided at or near a bed for adults electric
lighting operated by a switch close to the bed; where a double bed is
provided, a light for either side shall be supplied, each with its own
switch.
5. Either-
(a) measures, such as flyscreening or air conditioning, shall be taken
against the entry of mosquitoes and similar creatures; or
(b) mosquito-nets shall be provided for guests and this fact shall be
brought to their notice.
6. For hotels constructed after the coming into force of these
Regulations, a lighted wash-hand basin, with hot and cold water laid on
and available at all times, shall be provided in each bedroom which does
not have a private bathroom, and there should be an area not less than
600 mm in width and 450 mm in height immediately above the basin
and which shall be protected with an impervious splash-back.
7. The following articles shall be provided at or near every wash-hand
basin:
(a) 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)

ADDITIONAL REQUIREMENTS FOR GRADED


HOTELS

PART I

FIVE-STAR HOTELS

Bedrooms
1. The minimum number of bedrooms shall be 50. A maximum of 10 per
cent of the bedrooms may be in the form of suites.
2. A mirror not less than 60 cm by 80 cm shall be provided.
3. There shall be effective sound-proofing.
4. There shall be piped music, a radio and, if the hotel is in a television
reception area, a television set.
5. There shall be wall-to-wall carpeting or an approved alternative.
6. A telephone connected to an exchange which caters for both internal
and external calls shall be provided.
7. There shall be air-conditioning and heating.
8. The treated water shall be chilled and be stored in a vacuum jug or
vacuum flask.
9. All beds for adults shall be provided with head-boards.
Bathrooms
10. There shall be private bathrooms which shall have a toilet, a bath, a
wash-hand basin, a shower and a shaver point.
Public Rooms
11. There shall be a cocktail bar in addition to another bar; there shall
also be a lounge.
12. There shall be two rooms for the holding of functions; one shall have
a minimum seating capacity of 250 and the other 75.
13. There shall be at least two restaurants.
14. There shall be separate doors (with touch-plates and kick-plates) for
in-going and out-going traffic to, and from, the kitchen and the doors
shall be screened from the view of guests in the restaurant.
15. Public rooms shall have air-conditioning and heating.
Sundry
16. There shall be 24-hour room service.
17. A person shall be available 24 hours a day to receive guests and
carry their baggage.
18. There shall be valet services from 0700 to 2000 hours and a one-day
laundry service.
19. There shall be-
(a) 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.

SECTION 27-THE HOTELS (GUEST REGISTER) Statutory


REGULATIONS Instrument
11 of 1996

Regulations by the Minister

1. These Regulations may be cited as the Hotels (Guest Register) Title


Regulations.

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

(b) be handed over to the Hotels Board by the hoteliers when


completed.

SECTION 27-THE HOTELS (LICENCE FEES) Statutory


REGULATIONS Instrument
132 of 1992
Regulations by the Minister
71 of 1994
117 of 1996

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

TABLE 2-LODGE AND CAMP


LICENCE FEES
Fee units
1. Grade A 2222
2. Grade B 1667
3. Grade C 1389
4. Grade D 1111
5. Grade E 833

TABLE 3-BOARDING AND


GUEST HOUSE LICENCE FEES
Fee units
1. Grade A 556
2. Grade B 389

TABLE 4-MANAGER'S LICENCE


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

THE ZAMBIA NATIONAL BROADCASTING


CORPORATION ACT

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

18. Establishment and operation of general fund


19. Establishment and operation of general reserve account
20. Charges to revenue account of Corporation and investment of
monies in sinking funds
21. Funds of Corporation
Section
22. Accounts
23. Appointment of auditors
24. Annual report

PART IV
TELEVISION LICENCES AND INSPECTORS

25. Television Licence


26. Inspectors
27. Power of Inspectors
28. Obstruction of Inspectors
29. Restriction on use of name of Corporation
30. Regulatory powers of Ministers

SCHEDULE

CHAPTER 154

ZAMBIA NATIONAL BROADCASTING Act No.


CORPORATION 16 of 1987
13 of 1994
20 of 2002

An Act to provide for the establishment of the Zambia National


Broadcasting Corporation; to define the functions and powers of the
corporation; to provide generally for the control and regulation of
broadcasting and diffusion services; and to provide for matters
connected with or incidential to the foregoing.
[24th April, 1987]

PART I

PRELIMINARY

1. (1) This Act may be cited as the Zambia National Broadcasting Short title
Corporation Act.

(2) This Act shall come into operation on such date as the Minister may,
by statutory instrument, appoint.

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

"appointments committee" means an appointments committee


appointed under section four A;
"Board" means the Board of Directors of the Corporation established by
section four;
"broadcaster" means the Corporation;
"broadcasting service" means a radiocommunication service for
reception by members of the general public and the word "broadcast"
shall be construed accordingly;
"Corporation" means the Zambia National Broadcasting Corporation
established by section three;
"dealer" means-
(a) a person who carries on a trade, business or industry in which
receivers are assembled, manufactured, imported, bought, sold,
exchanged, or offered or exposed for sale or exchange; or
(b) an auctioneer of television receivers; and cognate expressions
shall be construed by reference, inter alia, to transactions or operations
such as are carried on by persons referred to in paragraph (a);
"diffusion service" means-
(a) the dissemination by means of wires, otherwise than within the
precincts of a single private residence, of the whole or any part of a
broadcasting service; or
(b) the dissemination of music or speech by means of wires
connecting two or more loudspeakers which-
(i) are installed in a specific building or within the precincts of a
specified building; or
(ii) are permanently fixed, otherwise than within a single specified
building, in a motor vehicle, aircraft, ship or railway train, for purposes
not ancillary or incidental to or connected with any exhibition,
performance, including a performance by a circus, contest, game or
sport, such as-

A. the running of any horse race; or

B. the holding of any concert or the production of any play,


opera, ballet, pageant or the like; or

C. the showing of cinematograph film; or

D. the holding of any agricultural, horticultural, industrial or


commercial show or any dance, cabaret, garden party, fete, fair,
gymkhana or the like;
and "diffuse" shall be construed accordingly;

"director" means a member of the Board and includes the Chairperson


and the Vice-Chairperson;

"inspector" means an inspector of the Corporation appointed under


section twenty-six;

"listener" means a person who has in his possession a receiver otherwise


than as-
(a) a broadcaster; or
(b) a dealer; or
(c) an operator of a diffusion service; or
(d) a police officer or a member of the Defence Force acting in the
course of his duty;

"Telecommunications Corporation" means the Telecommunications Cap. 469


Corporation established by section four of the Telecommunications Act;

"radiocommunication service" means the transmission of writing, signs,


signals, pictures and sounds of all descriptions whatsoever, wholly or
partly by means of electromagnetic waves of frequences between ten
kilohertz and three million megahertz;

"receiver" means an apparatus in respect of which no licence is required Cap. 169


in terms of the Radiocommunications Act, which is designed to be used
for the reception of a broadcasting service;
"specified building" means a building used for industrial purposes or
such other purposes as the Minister may, by statutory notice, specify.
(As Amended by Act No. 20 of 2002)

PART II

ZAMBIA NATIONAL BROADCASTING


CORPORATION

3. There is hereby established the Zambia National Broadcasting Establishment of


Corporation, which shall be a body corporate with perpetual succession Corporation
and a common seal, capable of sueing and of being sued in its corporate
name and with power, subject to the provisions of this Act, to do all such
acts and things as a body corporate may by law do or perform and as are
necessary for, or incidental to, the carrying out of its functions and
powers as set out in this Act.

4. (1) There is hereby constituted the Zambia National Broadcasting Constitution of


Corporation Board which sall, subject to the provisions of this Act, Board of Directors
perform the functions of the Corporation under this Act.

(2) The Board shall consist of nine part-time directors appointed by the
Minister on the recommendation of the appointments committee,
subject to ratification by the National Assembly.

(3) A person shall not be qualified to be appointed to the Board unless


the person is committed to fairness, freedom of expression, openness,
and accountability and when viewed collectively the person appointed
shall be represntative of a broad section of the population of the
Republic.

(4) The Chairperson and Vice-Chairperson shall be elected by the


directors from amongest themselves.

(5) A person shall not be appointed as a director if that person-


(a) is not a citizen of Zambia;

(b) is not permanently resident in Zambia;

(c) is a member of Parliament or local authority;

(d) is an office bearer or employee of any political party;

(e) is an immediate family member of a person referred to in paragraph


(d);

(f) is an undischarged bankrupt;

(g) has been convicted of an offence involving fraud or dishonesty; or

(h) has been convicted of an offence under any other written law and
sentenced to a term of imprisonment of not less than six months, without
the option of a fine.

(6) The directors shall be paid such allowances as the Board may, with
the approval of the Minister, determine.

(7) Except as otherweise provided in this Act, the Board shall not be
subject to the direction of any other person or authority.

(As amended by Act No. 20 of 2002)

4A. (1) The Minister shall, for the purposes of section four constitute an
ad hoc appointments committee consisting of the following: Appointments
committee
(a) one member nominated by the Law Association of Zambia;

(b) one member nominated by a non-governmental organisation active


in human rights;

(c) one member nominated by religious organisations; and

(d) one member nominated by the Ministry responsible for information


and broadcasting.

(2) The Chairperson of an appointments committee shall be appointed


by the members from amongest their number.

(3) The members of an appointments committee shall be appointed on


such terms and conditions as the Minister may determine.
(4) The functions of an appointments committee shall be-

(a) to invite applications from persons with such qualifications as may


be specified for appointment to the Board;

(b) to interview the applicants and nominees referred to in paragraph (a);


and

(c) following the interview referred to in paragraph (b), to select the


candidates for appointment to the Board and to submit a
recommendation to the Minister.

(5) An appointments committee shall determine its own procedure.

(6) There shall be paid to the members of an appointments committee


such allowances as the Minister may determine.

(7) The Corporation shall pay the expenses incurred by an appointments


committee in the performance of its functions under this Act.

(As amended by Act No. 20 of 2002)

5. (1) Subject to the other provisions of this Act, a director shall hold Tenure of office
office for a period of three years from the date of appointment and may and vacancy
be re-appointed for one further term of three years.

(2) On the expiration of the period for which a director is appointed, the
Director shall continue to hold office until the directors successor is
appointed but in no case shall such further period exceed three months.

(3) The office of a director shall become vacant-


(a) upon resignation;
(b) upon the death of the director;
(c) if that director without good cause or approval of the Chairperson is
absent is absent from three consecutive meetings of the Board of which
that director had notice;
(d) if that director is adjudged bankrupt;
(e) if director is declared to be of unsound mind; and
(f) if the director is convicted of an offence for a period exceeding six
months without the option of a fine or convicted of any offence
involving dishonesty.
(4) A director may resign from office by giving one month's notice in
writing to the Minister.
(5) Whenever the office of a director of a director becomes vacant
before the expiry of the term of office the Minister may, on the
recommendation of appointments committee and subject to ratification
by the National Assembly, appoint another director in place of the
director who vacates office but such director shall hold office only for
the unexpired term.
(As repealed and replaced by Act No. 20 of 2002)

6. Within seven days of the date of his appointment as Chairperson or Director to declare
director as the case may be, the Chairperson or director shall submit to connection
the Minister a statement in writing of any directorship, office, post,
shareholding or financial interest, direct or indirect, held or acquired by
him or his spouse in a company or firm which carries on a
radiocommunication service or operates a diffusion service or deals in
receivers or manufactures, assembles, imports or sells apparatus or
equipment for use in radiocommunication or diffusion services.

7. (1) The functions of the Corporation shall be to- Functions of


Corporation
(a) provide varied and balanced programming for all sections of the
populations;
(b) serve the public interest;
(c) meet high professional quality standards;
(d) offer programmes that provide information, entertainment and
education;
(e) contribute to the development of free and informed opinions and as
such, constitute an important element of the democratic process;
(f) reflect, as comprehensively as possible, the range of opinions and
political, philosophical, religious, scientific, and artistic trends;
(g) reflect and promote Zambia's national culture, diversity and unity;
(h) reflect human dignity and human rights and freedoms and contribute
to the tolerance of different opinions and beliefs;
(i) further international understanding and the public's sense of peace
and social justice;
(j) defend democratic freedoms;
(k) enhance the protection of the environment;
(l) contribute to the realisation of equal treatment between men and
women;
(m) broadcast news and current affairs programmes which shall be
comprehensive, unbiased and independent and commentary which shall
be clearly distinguished from news;
(n) promote productions of Zambian origin; and
(o) carry on or operate such other services including diffusion services
and undertakings as in the opinion of the Board, are conductive to the
exercise of its functions under this Act.
(As repealed and replaced by Act No. 20 of 2002)

8. The Corporation shall have power, subject to the provisions of this Powers of
Act, to do all or any of the matters and things specified in the Schedule. Corporation

9. (1) The Board may, for the purpose of performing the Corporation's Committees of
functions under this Act, establish committees and may delegate to any Board
such committee such of its functions as it thinks fit.

(2) The Board may appoint as members of a committee established


under subsection (1) persons who are or are not members of the Board
and such persons shall serve for such period as the Board may
determine.

(3) Subject to any specific or general directions of the Board any


committee established under subsection (1) may regulate its own
procedure.

10. (1) Subject to the provisions of this section, the Board may regulate Proceedings of
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.

(5) Where the Chairperson of the Board is prevented by illness, absence


from Zambia or other cause from exercising his functions on the Board,
the Vice-Chairperson shall exercise the powers and fulfil the duties and
functions of the Chairperson.
(6) Where the Chairperson and the Vice-Chairperson are absent from
any meeting of the Board there shall preside at that meeting such
director as the directors present may elect for the purpose of that
meeting.

(7) The quorum at a meeting of the Board shall be five directors.

(8) All acts, matters or things authorised or required to be done by the


Board may be decided by resolution of a meeting at which a quorum is
present.

(9) The Board shall cause minutes to be kept of the proceedings of


every meeting of the Board and of every meeting of any committee
established by the Board.

(As amended by Act No. 20 of 2002)

11. If it is not practicable to hold a meeting of the Board for the Transaction of
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.

(3) The affixing of the seal shall be authenticated by the Chairperson or


the Vice-Chairperson and the Director-General or one other person
authorised in that behalf by a resolution of the Board.
(4) Any contract or instrument which, if entered into or executed by a
person not being a body corporate, would not be required to be under
seal, may be entered into or executed without seal on behalf of the Board
by the Director-General or any other person generally or specifically
authorised by the Board in that behalf.

(5) Any document purporting to be a document under the seal of the


Board or issued on behalf of the Board shall be received in evidence and
shall be deemed so executed or issued, as the case may be, without
further proof, unless the contrary is proved.

15. (1) If any person is present at a meeting of the Board at which any Disclosure of
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.

(2) A disclosure of interest made under this section shall be recorded in


the minutes of the meeting at which it is made.

(3) A person who fails to disclose interest in terms of subsection (1) and
participates in the consideration or discussion of a matter in which the
person or that person's spouse has interest commits an offence and shall
be liable, upon conviction, to a fine not exceeding thirty thousand
penalty units or to imprisonment for a term not exceeding two years, or
to both.

(As amended by Act No. 20 of 2002)

16. No action or other proceedings shall lie or be instituted against any Immunity of
Board member for or in respect of any act or thing done or omitted to be members
done in good faith in the exercise or purported exercise of his functions
under this Act.

17. (1) For the better exercise of the functions of the Corporation 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.

(As amended by Act No. 20 of 2002)

PART III

FINANCIAL PROVISIONS

18. The Corporation shall establish a general fund- Establishment and


operation of
(a) into which all monies received by the Corporation shall be paid general fund
in the first instance; and
(b) out of which all payments made by the Corporation shall be paid.

19. (1) The Corporation may establish a general reserve account to 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

(2) Sums appropriated to the general reserve account in terms of


subsection (1) may, with the approval of the Minister, be used for such
purposes as the Corporation may consider expedient for the proper
exercise of its functions and the development of its services and
undertakings.

20. (1) The Corporation shall charge to its revenue account all charges 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

(a) interest and all other charges and expenses incurred in


connection with loans;

(b) the depreciation or diminution in value of assets; and


(c) the redemption of loans at due times to the extent that the annual
provision exceeds the amount to be provided under paragraph (b).

(2) Money in sinking funds established in terms of subsection (1) shall


be vested in such manner as the Board acting in consultation with the
Minister may think fit.

21. The funds of the Corporation shall consist of such moneys as may- Funds of
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.

(4) All expenses in connection with or incidental to an audit shall be


borne and paid by the Corporation.

24. (1) As soon as practicable, but not later than six months after such Annual report
financial year, the Corporation shall submit to the Minister a report
concerning its activities during such financial year.

(2) The report referred to in subsection (1) shall include information on


the financial affairs of the Corporation and there shall be appended
thereto-

(a) a balance sheet;

(b) an audited statement of revenue and expenditure; and

(c) such other information as the Minister may require.

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

PART IV

TELEVISION LICENCES AND INSEPECTORS

25. (1) Notwithstanding the provisions of the Radio Communications 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:

Provided that in a private household where there is more than one


television receiver, a licence fee shall be paid in respect of only one
television receiver.

(2) For Purposes of subsection (1) a proprietor of a hotel, inn, motel,


lodge, guesthouse, resthouse, club, holiday resort or such other
commercial enterprise as the Minister may, by statutory instrument,
determine shall pay a licence fee in respect of each television receiver on
the premises concerned.

(3) The Minister may, on the recommendation of the Corporation, by


statutory instrument, prescribe the fees to be paid on the issue of a
licence referred to in subsection (1).
(4) The provisions of subsection (1) shall not apply to person-

(a) who is a bona fide tourist residing outside Zambia and whose
television receiver is temporarily in Zambia; or

(b) whose television receiver is capable of use solely in connection with


a diffusion service.

(5) Any person who owns or operates a television receiver without a


licence issued under this Act commits an offence and liable, on
conviction, to a fine not exceeding one thousand penalty units.

(6) The licence fees referred to under this section, shall be paid into the
general fund of the Corporation for the use of the Corporation.

(7) The Minister may exempt a person, organisation or institution from


the provisions of subsection (1).

(As amended by Act No. 20 of 2002)

26. (1) The Corporation shall establish an inspectorate unit and may 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).

(As amended by Act No. 20 of 2002)

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) An inspector or police officer may upon probable cause shown on


oath to a magistrate court obtain a warrant to enter upon and search or
examine the premises prescribed in the warrant in order to ascertain
whether any offence under this Act is being committed on the premises.
(3) Where an inspector or police officer is satisfied that a person does
not have a valid television licence in respect of a matter for which a
licence is required under this Act, the inspector or police officer may
serve on that person a notice in the prescribed form.

(As amended by Act No. 20 of 2002)

28. (1) A person commits an offence if that person- Obstruction of


inspectors
(a) wilfully delays or obstructs an inspector in carrying out the
inspector's duties under this Act; or
(b) knowingly or negligently gives an inspector false or misleading
information orally, in writing or otherwise.

(2) Any person who commits an offence under subsection (1) shall be
liable, on conviction, to a fine not exceeding one thousand five hundred
penalty units.

29. No person shall, after the commencement of this Act, assume for the Restriction on use
purposes of business or be registered under the Companies Act, under- of name of
corporation
Cap. 388
(a) the name "Zambia National Broadcasting Corporation" or

(b) a name which includes the word "broadcast" or "broadcasting" or


"diffusion" or "rediffusion" with the word "National", "Zambia",
"Zambian", "State" or Corporation".

(As amended by Act No. 20 of 2002)


30. (1) The Minister may, by statutory instrument, make regulations to Regulatory powers
prescribe matters which are necessary for the better carrying out of the of Minister
purposes of this Act.
(2) Without prejudice to the generality of subsection (1) the regulations
to prescribe matters which are necessary for the better carrying out of
the purposes of this Act.
(a) the registration for dealers with the Corporation and the information
to be supplied to the Corporation;
(b) the keeping of books, records and documents, the furnishing of
returns and the supply of information to the Corporation relating to the
dealings in television receivers;
(c) the fees to be paid under the provisions of this Act;
(d) the form of notices required to be served under this Act;
(e) the methods of payment and collection of fees payable under the Act;
and
(f) any other matters required to be prescribed under this Act.
(As Repealed and replaced by Act No. 20 of 2002)

SCHEDULE
(Section 8)

POWERS OF CORPORATION

1. To acquire, establish and construct broadcasting stations, studios,


offices and other premises necessary or convenient for the purposes of
the undertakings of the Corporation, and for this purpose, to buy, take on
lease or in exchange hire or otherwise acquire immovable property
within Zambia and interests therein and rights over the same and
concessions, grants, rights, powers and privileges in respect thereof, and
to act in that connection either absolutely or conditionally and either
solely or jointly with others.
2. To buy, take in exchange, hire or otherwise acquire vehicles,
machinery, plant, apparatus and other movable property necessary or
convenient for the exercise of the functions of the Corporation, or for the
purposes of the undertakings of the Corporation, and to act in that
connection either absolutely or conditionally and either solely or jointly
with others.
3. To maintain, alter and improve property acquired by the Corporation.
4. To apply for, buy or otherwise acquire-
(a) copyrights and performing rights; and(b) patents, licences,
concessions or the like: conferring an exclusive or non-exclusive or
limited right to use information or a process which may seem to the
Board capable of being used for the purposes of the Corporation or the
acquisition of which may seem to the Board calculated, directly or
indirectly, to benefit the Corporation, and to use, exercise, develop and
grant licences in respect of or otherwise turn to account rights,
information and processes so acquired.
5. To establish orchestras, bands and choirs, engage artists and
performers and organise, provide or subsidise public concerts, lectures
and other performances or entertainment.
6. To cause descriptions of or commentaries on current events to be
broadcast or diffused from the locality where they are taking place.
7. To broadcast or diffuse religious services and addresses.
8. To collect and collate news from any source and enter into
agreements for the supply to the Corporation of news for the purpose of
broadcasting or diffusing the same.
9. To obtain from or grant to a government operator of a diffusion
service or other person whatsoever, whether within or outside Zambia
and gratuitously or otherwise, rights or concessions in connection with
the broadcasting or diffusion by the Corporation or programme
broadcast or diffused by the Corporation or, as the case may be, the
government, broadcaster, operator or other person.
10. To compile, print, publish and distribute, with or without charge,
publications relating wholly or partly to the broadcasting or diffusion
services of the Corporation or to the undertakings of the Corporation.
11. To enter, with the approval of the Minister, into agreements with
persons in connection with the operation of diffusion services.
12. To carry on or operate, with the approval of the Minister,
broadcasting and diffusion services in conjunction or association with
other persons.
13. To broadcast or diffuse advertisements for periods which do not-
(a) in the aggregate amount to more than fifteen per centum of the time
each day during which the service in which the advertisements are
included is broadcast or diffused; and
(b) in each hour during which the service in which the advertisements
are included is broadcast or diffused amount to more than ten minutes;
or for such longer period or, as the case may be, periods the Board, with
the approval of the Minister, may, by varying one or other or both of the
time limits specified in this paragraph, determine.
14. To sell, exchange, lease, mortgage, dispose of, turn to account or
otherwise deal with any movable assets of the Corporation or any part
thereof and, with the approval of the Minister, any immovable assets of
the Corporation or any part thereof, which are not required for the
purposes of the Corporation for such consideration as the Board may
determine.
15. To draw, make, accept, endorse, discount, execute and issue
promissory notes, bills of exchange, bills of lading and other negotiable
and transferable instruments.
16. To insure against losses, damages, risks and liabilities which the
Corporation may incur.
17. To make contracts and to enter into suretyships or give guarantees in
connection with the exercise of the functions of the Corporation or the
undertakings of the Corporation and to modify or rescind such contracts
and to modify or rescind such suretyships or guarantees.
18. To invest monies of the Corporation not immediately required by the
Corporation in such manner as the Board may, with the approval of the
Minister, determine and to vary or realise investments so made.
19. To raise monies, temporarily or otherwise, by way of loans or by
bank overdraft for such purposes as the Minister may approve.
20. To pay a person in the employment of the Corporation such
remuneration and allowances as may be fixed in terms of subsection (3)
of section Seventeen and to grant a person in the employment of the
Corporation such periods of leave as are stipulated or in respect of
which provision is made in his terms and conditions of service and, with
the approval of the Minister, to make gifts, bonuses and the like to a
person in the employment of the Corporation.
21. To provide pecuniary benefits for persons in the employment of the
Corporation on their retirement, death or termination of service or in the
event of their sickness or injury or for their dependants, and for this
purpose to effect policies of insurance, establish pension or provident
funds or make such other provision as may be necessary to secure for
persons in the employment of the Corporation any or all of the
pecuniary benefits to which the provisions of this paragraph relate.
22. To purchase, lease or otherwise acquire dwelling houses for
occupation by or lease to persons in the employment of the Corporation.
23. To construct dwelling houses for occupation by or lease to persons
in the employment of the Corporation on land vested in the Corporation
and to purchase, lease or otherwise acquire land for that purpose.
24. To lend money to persons in the employment of the Corporation
who are required to travel in the course of their duties, for the purpose of
purchasing vehicles.
25. To enter with the approval of the Minister, into agreements with
persons, associations and companies in connection with the collection of
licence fees.
26. To produce, manufacture, purchase or otherwise acquire
gramophone and other mechanical records, tapes, materials and
apparatus for use in connection with broadcasting services.
27. To provide facilities for training and advancing of the skills of
persons in its employment.
28. To establish, install, erect, alter, reconstruct, operate, and maintain
broadcasting studios, transmitters, relay stations and micro-wave
facilities.
29. To introduce such number of radio and television broadcasting
stations and channels as the Board may consider necessary.
30. To determine, subject to the direction of the Board, the programme
policy for the Corporation.
31. To act in combination or association with any other person or body
whether incorporated or not, and whether in Zambia or elsewhere for
any other purposes authorised by this Act.
32. To develop and make available radio and television broadcasting
services throught Zambia by the most appropriate and efficient means
and as resources become available for the purpose.
33. Subject to the directions of the Board, to carry on braodcasting
services for such purposes as the Board may specify for reception by
listenersn outside Zambia.
34. To implement the editorial policies of the Corporation and maintain
editorial independence.
35. Generally to do all such things as are incidental or conducive to the
exercise of the functions of the Corporation or are incidental to the
powers specified in this Schedule or which are calculated, directly to
enhance the value of or render profitable or develop the services,
undertakings, property or rights of the Corporation.
(As amended by Act No. 20 of 2002)
SUBSIDIARY LEGISLATION

SECTION 25-THE ZAMBIA NATIONAL Statutory


BROADCASTING Instrument
178 of 1993
(LICENSING) REGULATIONS
Act No. 13 of
Regulations by the Minister
1994

1. These Regulations may be cited as the Zambia National Title


Broadcasting (Licensing) Regulations.

2. In these Regulations, unless the context otherwise requires- Interpretation

"Band III" means a very high frequency (VHF) television band from
174 MHZ to 238 MHZ;

"Band IV" means (UHF-Ultra High Frequency) sixteen channels are


available from 470 to 582 MHZ;

"Band V" means (UHF-Ultra High Frequency) forty channels are


available from 582 to 862 MHZ;

"Commercial television station" means any UHF or VHF station, other


than those classified by the Minister as non-commercial or educational
and other than the stations frequency and amplitude for the purpose of
providing FM reception to the general public;

"FM/TV booster stations" means FM broadcasting booster stations that


operate to retransmit the signals of FM radio broadcasting signals of FM
radio broadcasting stations by amplifying and reradiating such signals
without significantly altering any characteristics of incoming signals
other than its amplitude;

"international broadcasting station" means transmissions by


international broadcasting stations which are licensed by
non-governmental entities and are intended to be received by the general
public in foreign countries;

"low power television station" means a television station that transmits


programmes and signals of a TV broadcasting station and originates
programmes or operates as a subscription service;
"TV translators" means a station operated to transmit programmes and
signals of a television broadcasting station without significantly altering
any characteristics of the original signal other than its frequency and
amplitude for television reception to the general public;

"satellite broadcasting" means a greater number of channels are


available than on any other band at 11.7 to 12.5 GHZ;

"auxiliary service" means radio frequencies operated in conjunction


with AM, FM or TV stations and includes remote pick up stations, TV
auxiliary broadcasting stations and low power auxiliary stations;

"cable television relay service" means the station is used for the
transmission of television and related audio signals, signals of standard
and FM broadcasting stations, signals of instructional television, fixed
stations and cable casting from the point of reception to a terminal point
from which the signals are distributed to the public by cable system;

"commercial AM/FM station" means an AM or FM station other than


those stations which qualify as non-commercial or educational stations;

"commercial television station" means a VHF or UHF television station


other than those classified by the Minister as non-commercial or
educational stations;

"FM translators" means an FM translator station which retransmits the


signals of an FM radio broadcasting station or another broadcasting
translator station which significantly does not alter any characteristics of
incoming signals.

3. (1) No person shall operate a radio or television broadcasting station Application


without a licence issued by the Minister.

(2) The Minister may issue a radio or television broadcasting licence to-

(a) an individual;

(b) a body corporate;


(c) an association, by whatever name called, established on a
permanent basis.

(3) The fees for independent television stations shall be as set out in the
First Schedule.

(4) An applicant shall fill in a Fee Processing Form set out in the Second
Schedule.

4. (1) An applicant for a licence shall- Conditions for


licence

(a) comply with the provisions of the Radio Communications Act; Cap. 169

(b) fully describe the proposed technical facilities which he wishes


to establish;

(c) demonstrate his financial ability to construct the station and


operate it for a period of at least one year; and

(d) indicate the type of programmes he wishes to show or air, and, if


the station is not an international broadcasting station, it shall also
indicate the economic, social and cultural events in Zambia.

(2) The Minister shall issue a licence in the form set out in the Third
Schedule on completion of the construction of the broadcasting station.

(3) The licence shall be valid for a period of seven years or such shorter
period as the Minister may determine in any particular case or class of
cases.

5. The Minister shall declare in the Gazette and the national 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. (1) An application for a construction permit to build a broadcasting Filing


facility shall be in the form set out in the Fourth Schedule. applications

(2) The Broadcasting and Construction Permit licence shall be in the


form set out in the Fifth Schedule.

(3) The Minister may allow extension of time where circumstances


beyond the control of the contractor prevent the completion of
construction in the time specified in the permit.

(4) A confirmation of a broadcasting licence shall be in the form set out


in the Sixth Schedule.

(5) The Minister may make changes or modifications to the


confirmation licence to comply with international treaties and
agreements.

(6) The licence or the right to use the frequency is not transferable.

(7) The application shall be issued within a period of two months.

(8) The construction period shall not exceed one and a half years.

(9) The Minister shall, at regular intervals, publish in the Gazette and
the national media, a list of applications accepted.

(10) Where an application is rejected a fresh application may be filed


within thirty days from the date of refusal and the licence may be issued
unless the Minister has not granted the licence to a competing applicant.

7. (1) There shall be the following radio station licences: Types of


stations

(a) commercial television stations;

(b) commercial AM/FM stations;


(c) FM translators;

(d) television translators;

(e) low power television;

(f) FM and television booster stations;

(g) auxiliary services;

(h) international broadcasting stations; and

(i) cable television services.

(2) No person without a permit or licence of a primary frequency


modulation broadcasting station shall apply for a frequency modulation
broadcasting booster authorisation.

(3) No person shall, without a permit or licence for a full service


television broadcasting station, retransmit programmes and signals of its
primary station to areas of low signal strength in any region within the
primary television station's Grade B contour.

(4) An international broadcasting station shall operate at an


internationally predetermined frequency.

8. (1) The following radio transmission shall be available to media not Transmissions
controlled by the Government:

(a) Long Wave (LW);

(b) Medium Wave (MW); and

(c) Frequency Modulation (FM).

(2) The following television transmissions shall be available for


Government controlled media:
(a) Band III;

(b) Band IV;

(c) Band V; and

(d) satellite broadcasting.

(3) The following radio transmissions shall be available for


Government controlled media:

(a) Short Wave (SW) for radio broadcasting; and

(b) Band III for television broadcasting.

9. (1) A person who applies for a broadcasting station licence shall: Notice in local
media

(a) give notice in a local newspaper or national media if no local


newspaper is available;

(b) publish the notice at least twice a week in two consecutive


weeks.

(2) The notice shall contain the following information:

(a) the name of the applicant;

(b) the names of the officers and directors holding more than 10 per
cent or more of the shares of the company;

(c) the purpose for which the application is filed;

(d) the date filed;

(e) the call and letters of the frequency or channel;


(f) the facilities sought, including the type and class of station
power location of studios, transmitters and antenna height;

(g) a statement that a copy of the application and related materials is


filed for public inspection at a stated address in the community in which
the station is proposed to be located;

(h) a statement that members of the public wishing to bring


information to the attention of the Minister regarding the legal,
financial, technical or programming qualifications of the applicant shall
do so not later than the last day of publishing the announcement.

10. The following limits of common media ownership shall apply:


(a) ownership limits of AM, FM and television station; and
(b) regional or local ownership limits or AM, FM and television
stations.
FIRST SCHEDULE
(Regulation 3 (3))
FEES FOR INDEPENDENT TELEVISION STATIONS
Type of Fee Fee units Type of Service
1. Application for 1,000 Acquisition of forms
licence and processing fee

2. Assignment of station 40,000 Primary broadcasting/


licence primary licence cable television
charge services (Subscription
television)
3. Any other subsequent 10% of primary Secondary broadcasting
construction, station licence charge casting activities such
modification or (4,000) as TV translators and
service expansion LPTV station
translators and
LPTV stations TV
booster stations, TV
auxiliary broadcasting
station, etc.
4. Annual subscription 25% of primary
fee licence charge
(10,000)
5. Station licence 50% of primary
renewal licence charge
(20,000)
6. Application for 1% of primary
extension of time to licence charge
construct station or (400)
replace construction permit
7. Application for 1% of primary
amateur or temporary licence charge
station licence (400)

FEES FOR INDEPENDENT FM RADIO STATION


Type of Fee Fee units Type of Service
1. Application for licence 1,000 Acquisition of forms
and processing fee
2. Assignment of station 20,000 Primary broadcasting
licence (primary licence
charge)
3. Any other subsequent 10% of primary Secondary broadcasting
construction, licence charge activities such as FM
modification (2,000) translator station, FM
or service Booster stations, FM
expansion auxiliary services etc.
4. Annual subscription 25% of primary
fee licence charge
(5,000)
5. Station licence 50% of primary
renewal licence charge
(10,000)

6. Application for 1% of primary


extension of time to licence charge
construct station (200)
or replace construction permit
7. Application for 1% of primary
amateur or temporary licence charge
station (200)
FEES FOR INDEPENDENT FM RADIO STATION
Type of Fee Fee units Type of Service
1. Application for licence 1,000 Acquisition of forms
and processing fee

2. Assignment of station 30,000 Primary


licence (primary licence broadcasting
charge)
3. Any other subsequent 10% of primary Secondary broadcasting
construction, licence charge casting activities
modification (3,000) such as radio
or service auxiliary service
expansion
4. Annual subscription 25% of primary
fee licence charge
(7,500)
5. Station licence 50% of primary
renewal licence charge
(15,000)
6. Application for 1% of primary
extension of time to licence charge
construct station (300)
or replace construction permit
7. Application for 1% of primary
amateur or temporary licence charge
station (200) (300)
SECOND SCHEDULE
(Regulation 3 (4))

FEE PROCESSING FORM

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)

8. Total amount due: fee units.................


9. Total amount remitted
with this Application: fee units
10. Mode of Payment: By post
Hand Deliver
11. Form of Payment: Cash
Cheque
Telegraphic Money Order
Bank Draft
12. *If sent by Cheque indicate Cheque No
13. Applicant's Signature Date ......................
THIRD SCHEDULE
(Regulation 4 (2))
MIBS/BLC 5
Ref. No ..............................
Call Sign ..............................

Ministry of Information and Broadcasting Services

REPORT OF COMPLETED STATION


CONSTRUCTION

SECTION I-GENERAL INFORMATION


1. Applicant's Name
Applicant's mailing address
Telephone No

SECTION II-TECHNICAL DATA


2. Completion date of construction................
2.1 Description of facilities as authorised by the construction permit:
(a) Location of transmitting station (co-ordinates)
(b) Antenna co-ordinates "N.
Latitude
"W. Longitude
Horizontal
Vertical
(c) Effective radiated power ..................... kW ........
(d) Beam tilt effective
radiated power (if applicable) ..................... kW ........
(e) Radiation centre above ground ..................... m ........
(f) Radiation centre above mean sea
level m ............... m
(g) Antenna height above
average terrain ..................... m ........
(h) Overall tower above ground
(including antenna, all other
appertunances, lighting, if any) ..................... metres
2.2 Description of facilities as constructed:
(a) Antenna co-ordinates º ' "N.
Latitude
º ' "W.
Longitude
Horizontal
Vertical
(b) Effective radiated power ................... kW ........
(c) Beam tilt effective radiated
power (if applicable) ................... kW ........
(d) Radiation centre above
ground m.............. m
(e) Radiation centre above
ground m.............. m
(f) Antenna height above
ground m.............. m
(g) Overall tower above ground
(including antenna, all other
appertunances and lighting,
if any) ...................metres

2.3 Are there any differences the facilities describes in item 2.1 and those in item 2.27
Yes No

If YES, attach an annexture explaining in detail how these differences occurred.


Annexture No.

2.4 Attach an annexture in compliance with any special operations, terms and obligations described in the
construction permit
Annexture No.

Does not Apply

2.5 Antenna description


Make Mod No. of Section Power Gain

If the antenna utilises tilt, null fill, reduced spacing (less than one wavelength)
between bays or the antenna is directional or specialised, an Annexture must be attached.
Also attach radiating pattern.
Annexture No.

2.6 Transmission system description


(a) Transmission line:
Make Model No. Length in m

(b) Perfect efficiency of entire transmission line system ....................................................................................... %


If any losses are included in 2.6 (b) other than the loss of transmission line listed in 2.6 (a),
attach an Annexture detailing these addition losses.

Annexture No.

2.7 Transmitter power output (in kilowatts) .............................................................................................. ........... kW


2.8 Operating constants:
(a) D.C. plate current in last radio stage (amperes) ..........................................................................................
A
(b) Applied D.C. voltage in last radio stage (volts) ............................................................................................
V
(c) Efficiency of transmitter at operating power
(percent) .............................................................................. %
(d) RF transmission line meter reading
(percent) ............................................................................................. %

CERTIFICATION

I certify that the foregoing statement of technical information is true to the best of my knowledge and belief.
Name ................................................................................. Signature .................................................................................
Address ....................................................................................................................................... Date ...............................

Technical Director Other

Chief Engineer (Operator) (Specify) ...............................................


FOURTH SCHEDULE
(Regulation 6 (1))
MIBS/BLC 3

Ministry of Information and Broadcasting Services

APPLICATION FOR CONSTRUCTION PERMIT FOR RADIO


AND
TV BROADCASTING STATIONS IN ZAMBIA

SECTIONS I - GENERAL INFORMATION

1. Name/s of
applicant/s .................................................................................................................................................
1.2 Mailing address of
applicant .......................................................................................................................................
1.3 Telephone No ......................................... Telex ...................................
Facsimile ......................................................
1.4 Is fee submitted with this form?
Yes No

If yes, state amount enclosed K....................................................................................and enclose copy of receipt.


1.5 This application is for (check appropriate boxes)
Amateur AM TV

Commercial Public

Other (Specify)...............................................................................................................................................................

SECTIONS II - LEGAL QUALIFICATIONS

2.1 Application is (check one box)


Natural person Legal person (corporation)

Other

2.2 Nationality of applicant if applicant is a natural person .................................................................................................


2.3 If applicant is a corporation, identify the date and place where applicant is registered.
Date ..............................
Place ....................................................................................................................................
Attach to this application as Exhibit No. 1 a verified copy of the applicant's registration certification.
2.4 Name, address and citizenship (nationality) of director and each officer of the corporation.

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

........................................................................................................................................
........................................................................................................................................
........................................................................................................................................
2.6 Total authorised shares of corporate stock ..................................................................................................................

Total issued shares of corporate stock .........................................................................................................................

2.7 Are there any documents, instruments, contracts or understanding (written or oral) not already identified in this
application, relating to current or future ownership interests in the applicant or rights to profits or income from
the proposed operation of the broadcasting station?

Yes No

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.

SECTIONS III - FINANCIAL QUALIFICATIONS


3.1 Attach as Annexture No. 5 a detailed itemisation of the total costs of constructing the proposed station and the
total cost of operating the station for one year after construction is completed. Costs must include infrastructure,
staff and all other expenses.
3.2 Attach as Annexture No. 6 verified financial documentation which establishes the ability of each source to provide
the funds noted.
3.3 Will any funds, credits or any other financial assistance for the construction, purchase or operation of the
station(s) be provided by aliens, foreign entities, or domestic entities controlled by aliens, or their agents:

Yes No

If yes, attach as Annexture No. 7 a full disclosure concerning this assistance.

SECTION IV-INFRASTRUCTURE-ENGINEERING

4.1 Transmission medium (e.g. cable/terrestrial or microwave links/satellite).


4.2 Frequency band (e.g. LF/MF/SW/FM/VHF/UHF).
4.3 Operating frequency.
4.4 Coverage Area (attach map as Annexture No. 8).
4.5 (a) Site for transmitter (indicate exact geographical co-ordinates):
(b) Make/type, of transmitting equipment:
(c) Radiated power:
4.6 Site for studio.
4.7 Will any existing transmission facilities in Zambia be used?
Yes No

If yes, identify owner and describe location of facilities to be used. Also describe manner in which facilities will be
used and provide proof of contract with owner of facilities as Annexture No. 9.
4.8 Antenna Characteristics:
(a) Type of Antenna
(b) Height and Gain
(c) Other Particulars
4.9 Provide proof as Annexture No. 10 that the proposed site is available for the use intended by this application.

SECTION V-PROPOSED PROGRAMMING

5.1 Details of any previous experience in broadcasting

5.2 In what language(s) will programming be broadcasting

5.3 Proposed number of hours station will broadcasting each day


(Specify times of the day)
5.4 Attach as Annexture No. 11 details of proposed programme schedule showing programming
format.
5.5 Estimated percentage programming time to be:
(a) Produced in Zambia by applicant
(b) Produced in Zambia by other organisations
(c) Relayed directly from foreign sources
(d) Obtained via other means from foreign sources

5.6 Percentage time allocated to:


Coverage of Zambian scenes
Zambian Music
Other Music
Zambian sport
International sport
Educational broadcasts produced in Zambia
Other educational broadcasts
Public service announcements and programmes
Community messages
Advertising
5.7 Source of programming
Zambian news and current affairs
Foreign news and current affairs
Music
Advertising
Other
5.8 Station identification
5.9 Call sign

CERTIFICATION

I certify that the statements in this application are true and correct to the best of my knowledge and belief.
Name of Applicant Signature of C

....................................................... ................................
Date .......................................................................... Title ........................................
FIFTH SCHEDULE
(Regulation 6 (2))

Ministry of Information and Broadcasting Services

BROADCASTING AND CONSTRUCTION PERMIT

Subject to the provision of ...................................................... Act of 19 .................


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

Ministry of Information and Broadcasting Services

CONFIRMED BROADCASTING LICENCE

Subject to the provision of ............................................... Act of 19 .............................


and Ministry Rules and Regulations, and further subject to conditions set forth in this

licence, the Minister has this ................................................... day of ............................

licensed ....................................................................................................... to use and o


the apparatus hereinafter described for the purpose of broadcasting for the term

ending ..............................................................................................................................
The licensee shall use and operate the said apparatus in accordance with the following
terms:
1. Frequency
2. Transmitter output power
3. Effective radiated power
4. Antenna height above ground (metres)
5. Hours of operation
6. Station Location (Town)
7. Location of antenna and supporting structure:
North Latitude 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

THE TOURISM ACT

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

13. Issue of licence or authorisation


14. Application for licence or authorisation
15. Power to call for additional particulars on application
16. Notification of lodging of application
17. Objection to issue of licence or authorisation
18. Issue of licence or authorisation and power to reject application
Section
19. Appeal to Minister
20. Secrecy
21. Restriction on transfer and variation of licence or authorisation
22. Licensing of existing tourist enterprises

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

THE TOURISM ACT Act No.


29 of 1979
An Act to provide for the establishment of the Zambia National Tourist 22 of 1985
13 of 1994
Board for the purpose of developing and promoting tourism; to provide
for the licensing of tourist enterprises; and to provide for matters
connected with or incidental to the foregoing.

[31st December, 1979]


PART I

PRELIMINARY

1. This Act may be cited as the Tourism Act. Short title

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

"authorisation" means the written consent of the Board;

"Board" means the Zambia National Tourist Board established under


section three;

"Chairman" means the chairman of the Board;

"Managing Director" means the Managing Director appointed under


section nine;

"Deputy Managing Director" means the Deputy Managing Director


appointed under section ten;

"hotel" shall have the meaning ascribed thereto in the Hotels Act; Cap. 153

"licence" means a tourist enterprise licence issued under Part IV;

"meeting" means a meeting of the Board;

"member" means a member of the Board, and includes the Chairman;

"Secretary" means the secretary to the Board appointed under section


eleven;

"tourist enterprise" includes the construction of an hotel; a


tour-operating business; a travel agency business; an air charter
business; a vehicle or vessel leasing business; a restaurant or cafe; a
discotheque; a convention centre; and such other enterprise catering for
tourists as the Minister may, by statutory instrument, declare;
"tourist manager" means any manager appointed under section eleven.
(As amended by Act 22 of 1985)

PART II

ZAMBIA NATIONAL TOURIST BOARD

3. There is hereby established the Zambia National Tourist Board Establishment


which shall be a body corporate with perpetual succession and a of Board
common seal, capable of suing and of being sued in its corporate name,
and with power to do all such acts and things as a body corporate may do
by law, and as are necessary for, or incidental to, the carrying out of its
functions and powers under this Act.

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.

(2) The Permanent Secretary of the Ministry responsible for tourism,


the Managing Director and the Deputy Managing Director shall be ex
officio members.

5. (1) Subject to the provisions of this section, members, other than ex Tenure of office
officio members shall hold office for a period of three years: and vacancy

Provided that the first nine members appointed shall vacate office after
the expiration of one year, two years, or three years as may be specified
in their respective letters of appointment.

(2) A retiring member shall be eligible for reappointment.

(3) On the expiration of the period for which a member is appointed, he


shall continue to hold office until his successor has been appointed, but
in no case shall such further period exceed three months.
(4) The office of a member shall become vacant-

(a) if he is adjudged to be a mentally disordered person;

(b) if he is adjudged bankrupt;

(c) if he is lawfully detained, or his freedom of movement is


restricted under any law in force in Zambia;

(d) if he has been sentenced to serve a term of imprisonment


exceeding six months;

(e) if he is absent from three consecutive meetings of the Board


without reasonable cause;

(f) upon the expiration of not less than one month's notice given in
writing by the member to the Chairman of the member's intention to
resign from the Board; or

(g) upon the expiration of not less than one month's notice given in
writing to the member by the Board retiring the member from the Board.
(As amended by Act 22 of 1985)

6. (1) Subject to the provisions of this section, the Board shall 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.

(3) Five members, at least one of whom shall be an ex officio member,


shall constitute a quorum at any meeting. In the absence of the Chairman
at any meeting, the members present thereat shall elect one of their
number to act as Chairman.

(4) At any meeting of the Board, the Chairman shall have a deliberative
vote, and, in the event of an equality of votes, a casting vote.
(5) The Board may act notwithstanding any vacancy in its membership.

7. There shall be paid to a member, other than a member who is a Remuneration


public officer, such remuneration or allowance as the Minister may from and allowances
time to time determine.

8. (1) It shall be the general duty of the Board to promote such 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.

(2) Without prejudice to the generality of the provisions of subsection


(1), the Board shall-

(a) carry out studies and surveys, designed to identify areas which
may be declared as tourism priority areas, and prepare regional or
national plans for the development and promotion of tourism in such
areas;

(b) assist in carrying out any regional or national plan for the
development and promotion of tourism;

(c) promote tourism in Zambia and, in the performance of such


function, use such media or means as are available to create maximum
awareness of Zambia's tourist attractions, and to disseminate
information on tourism;

(d) co-ordinate the activities of agencies directly or indirectly


concerned with the promotion of tourism in Zambia;

(e) carry out surveys and collect and compile regular statistics of
tourists; and

(f) do such other things as are necessary for the development and
promotion of tourism.

(3) The Board shall have power, subject as herein provided, to do


anything and to enter into any transaction which in its opinion is
calculated to facilitate the discharge of its duties under this Act or which
is incidental or conducive thereto.

PART III

OFFICERS

9. (1) Subject to the approval of the Minister, the Board shall appoint 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

LICENSING AND AUTHORISATION

13. (1) No person shall operate as a tour operator or travel agent, and no Issue of licence
person shall operate any tourist enterprise in Zambia unless he has or authorisation
previously applied to and obtained from the Board a licence or an
authorisation in that behalf.

(2) Any person who contravenes the provisions of subsection (1) shall
be guilty of an offence and shall, upon conviction, be liable to a fine not
exceeding two thousand five hundred penalty units or to imprisonment
for a term not exceeding twelve months, or to both; and, in addition, the
court shall have power to make such other order as it shall deem
necessary to give effect to the provisions of this Act.
(As amended by Act No. 13 of 1994)

14. An application for a licence or an authorisation shall be in the Application for


prescribed form and shall- licence or
(a) describe the nature and scope of the proposed tourist enterprise authorisation
to which it relates;
(b) state the place where such tourist enterprise is to be established
or carried on;
(c) be accompanied by details and proof of the financial viability of
such tourist enterprise; and
(d) comply with such other conditions as the Board may, from time
to time, prescribe.

15. (1) If, in the opinion of the Board, additional particulars are 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.

16. Before considering any application for a licence or an Notification of


authorisation, the Board shall cause to be published in the Gazette a lodging of
notice of such application, giving such particulars about the applicant application
and the tourist enterprise for which such application is made as the
Board may consider sufficient to enable an objection thereto to be made
as hereinafter provided.

17. (1) Within thirty days from the date of publication of a notice under Objection to
section sixteen- issue of licence
or authorisation

(a) any person who is engaged in Zambia in any tourist enterprise


which is similar to the operation in respect of which an application for a
licence or an authorisation has been made, and who claims that financial
loss will be caused to him if a licence or an authorisation is issued to the
applicant;

(b) any person who claims that environmental, planning, physical or


other damage will be caused, or that tourism in Zambia is likely to be
adversely affected, if a licence or an authorisation is issued to the
applicant; or

(c) any person who has any other valid reason for objecting to the
issue of such licence or authorisation; may object to the issue of such
licence or authorisation by submitting to the Board and to the applicant a
notice in writing, stating the grounds for his objection; or may, by notice
in writing, provide to the Board such information as he thinks will assist
the Board in the performance of its functions.

(2) The Board may, for the purpose of considering an objection made
under this section, require the objector to answer such questions or to
furnish such particulars as the Board may deem necessary, and may rely
for its decision on any other evidence not submitted by the applicant or
the objector.
(As amended by Act 22 of 1985)

18. (1) If the Board is satisfied with respect to any application for a Issue of licence
licence or an authorisation that- or authorisation
and power to
reject
application

(a) such application is made in accordance with the provisions of


this Act; and

(b) the proposed tourist enterprise is in the interest of Zambia;


it shall issue a licence or an authorisation, as the case may be, to the
applicant.

(2) If the Board rejects an application for a licence or an authorisation,


or decides that there is no merit in any objection notified under section
seventeen, it shall give reasons for such rejection or decision to the
applicant or to the objector, as the case may be.

19. (1) The applicant or the objector may, if aggrieved by a decision of Appeal to
the Board made under section eighteen, appeal in writing to the Minister Minister
to review the decision of the Board and may tender additional evidence
or further and better particulars to be taken into consideration.

(2) A notice of appeal shall be given in writing to every party concerned


and any decision made pursuant to such review shall be communicated
in writing to the person at whose instance such decision is made and to
every party concerned.

(3) The Minister may, in consequence of such appeal, make any


determination in respect of any licence or authorisation, and his decision
thereon shall be final.
(As amended by Act 22 of 1985)

20. (1) Subject to the provisions of this Act, an application for a licence Secrecy
or an authorisation and all matters connected therewith shall be secret
and shall not be communicated to any person otherwise than in the
course of business.

(2) Any person who contravenes the provisions of subsection (1) shall
be guilty of an offence and shall be liable, upon conviction, to a fine not
exceeding seven thousand five hundred penalty units or to
imprisonment for a term not exceeding six months or to both.
(As amended by Act No. 13 of 1994)

21. (1) No licence or authorisation shall be transferred or varied except Restriction on


with the prior approval of the Board. transfer and
variation of
licence or
authorisation

(2) The Board may, in its discretion, grant or refuse the transfer or
variation of a licence or an authorisation and may, where a transfer or
variation is granted, direct that the licence or authorisation be amended
in such manner as the Board may deem necessary.

(3) Where any licence or authorisation is issued to a company or


association, any major change in the control of such company or
association shall be deemed to be an unlawful transfer of the licence or
authorisation, unless such change is notified to the Board before it takes
effect and the Board gives its consent to the transfer of the licence or
authorisation.

(4) Any licence or authorisation which is transferred or varied in


contravention of the provisions of this section shall be revoked by the
Board.

22. Every person who, at the commencement of this Act, is carrying on Licensing of
any tourist enterprise other than the management of an hotel, shall, existing tourist
within six months after such commencement, apply to the Board for a enterprises
licence.

PART V

MISCELLANEOUS

23. The holder of a licence or an authorisation shall be eligible for such Incentives
incentives as the Minister may, from time to time, by statutory order,
prescribe.
24. (1) Every holder of a licence or an authorisation who enjoys any 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;

(d) submit to the Board a report advising it of plans for any


significant changes within the tourist enterprise;

(e) produce and allow the inspection on his premises of records and
statements relating to the tourist enterprise;

(f) allow the inspection of plant and offices relating to the tourist
enterprise;

(g) allow investigations and interviews with, or on behalf of, the


Board regarding any matter provided for under this Act; and

(h) adhere to any plans, programmes or other reports submitted to


the Board.

(2) The Board may withdraw any incentives granted under this Act for
failure to comply with any provisions of any order made by the Minister
under this section:

Provided that a holder of a licence or an authorisation who is aggrieved


by the decision of the Board may appeal to the Minister to review such
decision.
(As amended by Act 22 of 1985)

24A. (1) Where, in respect of a tourist enterprise, the Board is satisfied Revocation of
that the tourist enterprise, its manager or servant has- licence or
authorisation

(a) been convicted of an offence under this Act or of an offence


relating to the operations of the tourist enterprise;

(b) contravened or failed to comply with the provisions of this Act,


any regulations made hereunder or any directives issued under this Act;

(c) contravened or failed to comply with any of the terms and


conditions under which the tourist enterprise was to be established,
maintained or operated;

(d) failed to pay the appropriate fee for the licence or authorisation;
or

(e) obtained the licence or authorisation by fraud, deliberate


misrepresentation or other illegal means;
it may revoke the licence or authorisation of such tourist enterprise.

(2) Before revoking the licence or authorisation under subsection (1),


the Board shall-

(a) inform the tourist enterprise in writing of the grounds upon


which it is proposed to revoke the licence or authorisation; and

(b) give the tourist enterprise a reasonable time in which to make


written representations.

(3) The Board shall not revoke any licence or authorisation under
subsection (1) unless it is satisfied that-

(a) the offence, contravention or failure referred to in paragraph (a),


(b) or (c) of subsection (1) is of a serious nature or was committed in
circumstances of a serious nature; or
(b) the tourist enterprise, its manager or servant has previously been
guilty of a similar offence, contravention or failure;
and that it is in the interest of tourism in Zambia that the licence or
authorisation be revoked.

24B. Any person who- Offences and


(a) being required by or under this Act to keep any register, fails to penalties
keep such register or, with intent to mislead, makes any entry in such
register which is false in a material particular; or
(b) being required by or under this Act to furnish any return or
information to the Board, refuses or fails to furnish such return or
information or, with intent to mislead, furnishes any return or
information which is false in any material particular; or
(c) knowingly obstructs the Board in the performance of its
functions;
shall be guilty of an offence and shall be liable upon, conviction, to a
fine not exceeding two thousand five hundred penalty units or to
imprisonment for a term not exceeding one year, or to both.
(As amended by Act 22 of 1985 and No. 13 of 1994)

25. (1) The funds of the Board shall consist of- Funds of Board

(a) such sums as may be payable to the Board from moneys


appropriated therefor by Parliament; and

(b) such other moneys or assets as may accrue to the Board whether
in the course of its business or otherwise.

(2) The Board shall have power to raise, upon such terms and
conditions as it may determine, funds by levying fees for services
rendered by the Board or by making such other financial arrangements
in lieu thereof as it may deem expedient, by accepting grants or
donations and by raising loans.

(3) The funds of the Board shall be applied in meeting its expenses in
carrying out its functions and exercising its powers under this Act.

26. (1) The Board shall appoint auditors to audit the accounts of the 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.

(2) Without prejudice to the generality of the provisions of subsection


(1), such regulations may make provision for-

(a) the forms to be used for the purposes of this Act;

(b) the fees chargeable in respect of licences and authorisations and


for any services rendered by the Board;

(c) the terms and conditions under which tourism may be effectively
promoted, and under which any person may invest in any tourist
enterprise in Zambia;

(d) the control of tourism and hotel development in Zambia;


(e) the terms and conditions under which any person may establish,
maintain or operate any tourist enterprise;
(f) the declaration of tourism development priority areas, especially
in economically depressed areas of Zambia, for the promotion of
tourism therein; and
(g) generally, the efficient development and promotion of the tourist
industry in Zambia.

SUBSIDIARY LEGISLATION

SECTION 28-TOURISM REGULATIONS Statutory


Regulations by the Minister Instrument
112 of 1980
2 of 1985
45 of 1994
68 of 1995
Act No. 13 of
1994

1. These Regulations may be cited as the Tourism Regulations. Title

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. (1) Every application for a licence, or an authorisation, to establish, Forms


operate or manage a tourist enterprise shall be in Form 3 set out in the
Second Schedule.

(2) Every licence issued by the Board to a tourist enterprise shall be in


Form 2 set out in the Second Schedule.

(3) Every application for the renewal of a licence issued by the Board
shall be in Form 1 set out in the Second Schedule, and shall be made at
least 90 days prior to the expiration of the then current licence.

4. Every licence or authorisation issued under the Act shall be subject Conditions
to the following conditions, namely that the holder thereof shall-
(a) refrain from carrying on any business or activity which is
unauthorised or which is contrary or prejudicial to the development of
tourism in Zambia;
(b) maintain such standards in the provision of services and
facilities as ensure the safety and satisfaction of tourists and other
customers;
(c) provide to the Minister such information and evidence as he may
from time to time require in writing relating to foreign exchange
earnings and any other revenues or expenditure of the licensed or
authorised tourist enterprise;
(d) whenever required by the Minister in writing, do all such things
as are set out in section 24 (1) of the Act.
FIRST SCHEDULE
(Paragraph 2)

PRESCRIBED FEES

STATUTORY FEES UNITED


STATES
NATURE OR TYPE IN FEE UNITS DOLLARS
1. Travel agents 2,000 US$289
2. Tour operator or
safaris 1,000 US$1,429
3. Car hire operators 8,000 US$1,143
4. Water rafting or
canoeing 5,000 US$714
5. Campsites 2,000 US$286
6. Safari camps 5,000 US$714
7. Lodge, motel or hotel
(10 rooms) (20 beds) 15,000 US$2,143
8. Night clubs or
discotheques 4,000 US$571
9. Restaurants 8,000 US$1,143
(As amended by S.I. No. 68 of 1995)
SECOND SCHEDULE
(Regulation 3)
FORM TOU/3

APPLICATION FOR RENEWAL OF TOURIST


ENTERPRISE LICENCE OR
AUTHORISATION

1. Applicant's full name


2. Applicant's full address:
P.O. Box
Town/City
Telephone
3. (a) Date of birth of applicant
(b) Place and country of birth of applicant
4. Applicant's nationality
5. Applicant's NRC No
6. Applicant's residence status
7. (a) Name of tourist enterprise

(b) Address of tourist enterprise:


P.O. Box
Telephone
Telex
(c) Location of tourist enterprise:
Plot or Street No
Place/Town/City
8. Type of enterprise
9. Year enterprise was established
10. Current paid up capital: K
11. Name(s) and address(es) or partner(s) and/or associated companies:
(a) In Zambia
(b) Elsewhere

12. Directors

13. Financial year


14. If in tours, car hire and/or air charter business, state:
(a) Total number of:
(i) Vehicles
(ii) Boats
(iii) Aircraft
(b) Total seating capacity:
(i) Vehicles
(ii) Boats
(iii) Aircraft
(c) General Condition:
(i) Vehicles .................................................... .......... Excellent
.............................................................. Very good
...................................................................... Good
....................................................................... Poor
(ii) Boats ................................................................ Excellent
................................................................Very good
........................................................................Good
........................................................................ Poor
(iii) Aircraft ............................................................... Excellent
...............................................................Very good
.......................................................................Good
........................................................................ Poor
(d) Category of Insurance cover:
(i) Vehicles ....................................................... Comprehensive
............................................................... Third party
.........................................................................None
(ii) Boats ........................................................ Comprehensive
................................................................ Third party
..........................................................................None
(iii) Aircraft ...................................................... Comprehensive
................................................................ Third party
..........................................................................None
15. Volume of business handled during the two previous financial years
(state year, visitors and revenue):
(a) 19 .............. (i) Domestic visitors ..............................................
Revenue K ..........
(ii) Foreign (incoming) ...........................................................
Revenue K ..........
(iii) Foreign (outgoing) ...........................................................
Revenue K ..........
(b) 19 .............. (i) Domestic visitors .............................................
Revenue K ..........
(ii) Foreign (incoming) ...........................................................
Revenue K ..........
(iii) Foreign (outgoing) ...........................................................
Revenue K ..........
16. Projected visitors/revenue figures for next financial year:
19 ..................... (i) Domestic visitors..............................................
Revenue K ..........
..... (ii) Foreign (incoming) .............................Revenue K ..........
......... (iii) Foreign (outgoing) ..............................Revenue K ..........
17. Manpower currently employed:
(a) Zambian
(b) Foreign (state category)

Applicant's signature
Designation
Date
Note: Fees for the renewal of a Tourist Enterprise Licence
(Excluding an hotel
Licence) .. .. .. .. .. .. . . 375
fee units
(As amended by Act No. 13 of 1994)

FOR OFFICIAL USE ONLY


The Board's comments:

*Approved on
*Not approved

Signature Date .......


Name

Zambia National Tourist Board

*Delete whichever is not applicable


CHAPTER 156

THE PROFESSIONAL BOXING AND WRESTLING


CONTROL ACT

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

CHAPTER 156 37 of 1961


Government
PROFESSIONAL BOXING AND WRESTLING CONTROL Notice
497 of 1964
Act No.
An Act to provide for the establishment of a Zambia Professional
Boxing Control Board and a Zambia Professional Wrestling Control
Board; to define their objects; to prescribe their powers, duties and
functions; and to provide for matters incidental to the foregoing.
[1st October, 1962]

1. This Act may be cited as the Professional Boxing and Wrestling Short title
Control Act.

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

"Board" means-

(a) with reference to matters affecting boxers or boxing, the Board


established by paragraph (a) of section three;

(b) with reference to matters affecting wrestlers or wrestling, the


Board established by paragraph (b) of section three;

"boxer" means a person who engages in boxing for gain;

"manager" means any person to whom a certificate of registration has


been issued under subsection (1) (c) (ii) of section nine;

"official" means any referee, judge, timekeeper, assistant timekeeper,


announcer, second or ringmaster to whom a certificate as such has been
issued under subsection (1) (c) (i) of section nine;

"promoter" means any person to whom a certificate of registration as a


promoter has been issued under subsection (1) (c) (iii) of section nine;

"tournament" means any function to which members of the public have


access, whether on payment of a charge for admission or not, and at
which two or more persons engage in boxing or wrestling for gain,
whether by way of competition, exhibition or otherwise;

"wrestler" means a person who engages in wrestling for gain.


3. There is hereby established- Establishment
(a) a Board to be known as the Zambia Professional Boxing Control of Zambia
Board; and Professional
Boxing Control
(b) a Board to be known as the Zambia Professional Wrestling Board and
Control Board; Zambia
each of which shall be a body corporate capable of suing and being sued Professional
in its corporate name and performing all such acts as are necessary for or Wrestling
incidental to the carrying out of its objects and the performance of its Control Board
functions under this Act.

4. The objects of the Board are to regulate, control and exercise general Objects of
supervision over professional boxing or wrestling at tournaments in Board
Zambia with a view to the elimination of undesirable practices and the
protection of the interests of boxers, wrestlers, promoters, officials and
the public generally.

5. The Board shall consist of five members appointed by the Minister Constitution of
of whom one shall be designated by the Minister as chairman. Board

6. (1) The chairman of the Board shall hold office for such period, and Tenure of
any other member of the Board for such period, not exceeding three office,
years, as the Minister may determine at the time of the appointments: vacancies and
remuneration of
members of
Board

Provided that the Minister may at any time remove from his office any
member of the Board-

(a) who has, in the opinion of the Minister, directly or indirectly, by


himself or through his spouse, partner or business associate, any
financial interest in boxing or wrestling at tournaments;

(b) if he is adjudged bankrupt;

(c) if he becomes of unsound mind;

(d) if he is convicted of an offence and sentenced to imprisonment


without the option of a fine; or

(e) if he has absented himself from two consecutive meetings of the


Board without its leave.

(2) Whenever for any reason the office of any member of the Board
becomes vacant before the expiration of the period for which he has
been appointed, another person shall be appointed to fill the vacancy
until the expiration of the period for which the vacating member was
appointed.

(3) The members of the Board shall receive no remuneration in respect


of their services on the Board but may, out of the funds of the Board, be
paid allowances to cover expenses reasonably incurred by them in
respect of their attendance of the meetings of the Board or while
otherwise engaged on the business of the Board.

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.

(5) All decisions at any meeting of the Board shall be by resolution by


majority vote of the members present thereat, and, in the event of an
equality of votes on any matter, the person presiding at the meeting shall
have a casting vote in addition to his deliberative vote.
8. Any person who desires to be registered as a boxer, wrestler, Application for
official, manager or promoter under this Act shall make application in registration
writing to the Board in the prescribed form and manner.

9. (1) For the purpose of attaining its objects, the Board shall have Powers of
power- Board

(a) to appoint a secretary and such other servants on such conditions


and at such remuneration as it may determine, and to acquire, alienate or
hire such property as it may consider necessary for the effective
performance of its functions;

(b) on receipt of an application in terms of section eight, to make


such investigations or require the submission of such further
information as it may deem necessary in order to enable it to examine
such application, or require any person making application to be
registered as a boxer or wrestler to demonstrate his skill as such in such
manner as the Board may direct;

(c) to register any person who is not a member of the Board as a


boxer, wrestler, official, manager or promoter, and to issue certificates
of registration authorising any person who has been so registered-
(i) as a boxer, wrestler or official, to take part in tournaments in the
capacity in which he has been so registered; or
(ii) as a manager, to manage the affairs of any boxer or wrestler in so
far as they relate to his participation in tournaments as a boxer or
wrestler; or
(iii) as a promoter, to negotiate with any boxer or wrestler with a
view to procuring his services as a boxer or wrestler at a tournament;
and in each case to specify in the certificate the period during
which any such certificate shall be valid:

Provided 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;

(d) to refuse to register any person as a boxer, wrestler, official,


manager or promoter, if the Board is satisfied-
(i) that the applicant is not sufficiently conversant with the rules of
boxing or wrestling, as the case may be, or does not possess sufficient
skill, to warrant his being so registered;
(ii) that the applicant is not a fit and proper person to be so
registered; or
(iii) that the registration of the applicant would be against the public
interest;

(e) to cancel on any of the grounds set out in paragraph (d) any
certificate of registration issued under paragraph (c);

(f) to issue, subject to such conditions as it may deem fit, licences


authorising the holding of tournaments;

(g) to require any applicant for a licence under paragraph (f) to


furnish the Board with-
(i) all agreements entered into between the promoter of the
tournament and the boxers or wrestlers who will participate therein;
(ii) a certificate of physical and mental fitness in respect of the
boxers or wrestlers who will participate in the tournament, issued in
such form and by such medical practitioner (whether practising in
Zambia or elsewhere) as the Board may approve;
(iii) full particulars of all arrangements made for the holding of the
tournament;
(iv) a specimen of every proposed advertisement relating to the
tournament;

and such further information as will enable the Board to arrive at


a proper decision on the application;

(h) if an agreement between a promoter and a boxer or wrestler


provides for the payment to such boxer or wrestler of a fixed amount as
remuneration for his services at any proposed tournament, to require the
promoter to deposit that amount with the Board on or before any
specified date prior to the date of the tournament, to be disbursed by the
Board, subject to the provisions of paragraph (j), in terms of the
agreement after the tournament has been held, and if any such
requirement is not complied with to withdraw any licence which may
have been issued under paragraph (f);
(i) at any time prior to the holding of any tournament, to prohibit
any boxer or wrestler from participating as such in the tournament if,
after such examination or test for physical and mental fitness as the
Board may deem fit, it is satisfied that such boxer or wrestler should not
be allowed so to participate or if such boxer or wrestler refuses at the
request of the Board to submit himself to such examination or test;

(j) if any boxer or wrestler taking part in any tournament is


disqualified by the referee for-
(i) not boxing or wrestling to the best of his ability;
(ii) retiring from the tournament without sufficient cause; or
(iii) committing a deliberate foul as prescribed by regulation under
this Act;

to declare the whole or any portion of the amount payable to


such boxer or wrestler for his services in the tournament to be forfeited,
and to determine to whom such amount shall be paid;

(k) to decide who are the holders of national, provincial or other


titles in respect of boxing or wrestling by any class of persons at
tournaments, and to provide for the half-yearly grading of boxers or
wrestlers or classes of boxers or wrestlers registered under paragraph
(c);

(l) to make arrangements with other bodies controlling or


regulating boxing or wrestling at tournaments for the mutual recognition
of any refusal, suspension or cancellation of the registration of any
boxer, wrestler, official, manager or promoter;

(m) to issue a certificate of introduction to any registered boxer,


wrestler, official, manager or promoter proceeding to any place outside
Zambia in order to take part in tournaments, or to procure the services of
any boxer or wrestler ordinarily resident outside Zambia, at tournaments
in Zambia, and to set out in such certificates such particulars concerning
the boxer, wrestler, official, manager or promoter as the Board deems
necessary; and

(n) to establish a benevolent fund to be used for such purposes as


may be prescribed by regulation under this Act.

(2) Where the Board refuses to register an applicant or cancels a


certificate of registration it shall, on being requested to do so by the
applicant or the person whose certificate of registration is cancelled, as
the case may be, notify such applicant or person of the grounds for such
refusal or cancellation.

(3) Any applicant for registration whose application is refused and any
person whose certificate of registration is cancelled may, within thirty
days of his application being refused or of his certificate being
cancelled, as the case may be, appeal to the Minister against such refusal
or cancellation.

(4) Where an appeal is made to the Minister under subsection (3), the
Minister may give such directions to the Board as he may consider
necessary to enable him to determine the appeal, and the Board shall
comply with such directions.

(5) The Minister shall, on an appeal being made to him under this
section, confirm or reverse the decision of the Board.

10. (1) The Minister may, by statutory instrument, make regulations Regulations
with regard to-

(a) the manner and form in which any application under this Act
shall be made;

(b) the nature of the particulars to be furnished with any application


under this Act;

(c) the form of any licence, certificate or other document to be used


for the purposes of this Act;

(d) the fees which shall be payable to the Board in respect of the
grant or issue of any licence, certificate or other similar document, under
this Act;

(e) the rights and duties of officials during tournaments;

(f) the registration of any person as a boxer, wrestler, official,


manager or promoter;
(g) the rules under which and the manner in which any tournament
shall be organised and conducted, including the manner in which that
portion of any premises on which actual boxing or wrestling takes place
shall be isolated and equipped and the facilities to be provided in
connection therewith;

(h) the manner in which participants shall be attired and, in the case
of boxers, the nature, weight and quality of gloves and bandages to be
used;

(i) the testing of the physical and mental fitness, the medical
examination and the weighing of participants prior to any tournament;

(j) the minimum age of persons who may attend at tournaments or


at any specified kind of tournament;

(k) the submission to the Board within a prescribed period after any
tournament by the promoter thereof of a statement showing the
expenditure incurred in connection with, and the income derived from,
that tournament;

(l) the management of a benevolent fund and the purposes for


which such fund may be used;

(m) the procedure to be followed by the Board in exercising any


powers conferred upon it by this Act and the procedure to be followed in
appeals to the Minister;
and generally with regard to all matters which by this Act are required or
permitted to be prescribed or which the Board considers necessary or
expedient to prescribe in order that the objects for which it has been
established may be achieved.

(2) Any regulations made under this section may prescribe penalties for
any contravention thereof or failure to comply therewith not exceeding a
fine of one thousand five hundred penalty units or imprisonment for a
period not exceeding six months.
(As amended by Act No. 13 of 1994)

11. (1) The funds of the Board shall consist of the fees received by it in Funds of Board
pursuance of any regulation made under section ten and any funds
derived from any other sources whatsoever.

(2) The Board shall cause full and correct account to be kept of all
amounts received and expended by it.

12. (1) The Board shall, as soon as possible after the 1st January in each Annual report
year, submit to the Minister a report on its activities during the year and financial
ended the 31st December last preceding. statement

(2) The Board shall, as soon as possible after the 1st July in each year,
submit to the Minister a copy of an audited statement of its income and
expenditure during the year ended the 30th June last preceding, and a
balance sheet showing its financial position on that date.

13. No person shall hold or assist in holding any tournament unless the Tournaments to
holding of the tournament has been authorised by a licence issued under be authorised
paragraph (f) of subsection (1) of section nine and unless the tournament
is held in accordance with any conditions imposed by the Board under
that paragraph.

14. No person shall- Boxers,


(a) take part in any tournament as a boxer, wrestler or official; or wrestlers,
officials,
(b) manage the affairs of any boxer or wrestler in so far as they managers and
relate to his participation in tournaments as a boxer or wrestler; or promoters to be
(c) negotiate with any boxer or wrestler with a view to procuring his registered
services as a boxer or wrestler at a tournament;
unless he is in possession of a valid certificate of registration as a boxer,
wrestler, official, manager or promoter, as the case may be, issued to
him under paragraph (c) of subsection (1) of section nine.

15. (1) Whenever any magistrate is of the opinion that any boxing or 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.

(3) Any police officer may-

(a) if he has reason to believe that any person who is about to enter
or who has entered any place in which any boxing or wrestling contest
or exhibition is being held or about to be held, is likely to cause a breach
of the peace, order him not to enter such place or, if he has entered, order
him to depart therefrom; or

(b) if any person who has entered any place in which any boxing or
wrestling contest or exhibition is being held or about to be held, does
any act which is likely to cause a breach of the peace, order him to
depart from such place.

(4) Any police officer on duty shall at all times have free access to any
place in which any boxing or wrestling contest or exhibition is being
held or about to be held.

16. Any person who- Offences and


(a) allows any official to take part in a tournament in a capacity penalties
other than that in which he was registered under paragraph (c) (i) of
subsection (1) of section nine;
(b) advertises any tournament by means of an advertisement which
differs from any advertisement submitted to the Board under paragraph
(g) (iv) of subsection (1) of section nine;
(c) participates as a boxer or wrestler in any tournament after having
been prohibited under paragraph (i) of subsection (1) of section nine
from so participating in that tournament;
(d) contravenes or fails to comply with the provisions of section
thirteen;
(e) contravenes or fails to comply with the provisions of section
fourteen;
(f) holds, assists in holding, attends or takes part in any boxing or
wrestling contest or exhibition which has been stopped or forbidden
under subsection (1) of section fifteen;
(g) disobeys any order given under subsection (2) of section fifteen;
(h) disobeys any order given under subsection (3) of section fifteen;
(i) refuses to allow any police officer on duty free access to any
premises in or on which any boxing or wrestling contest or exhibition is
being or about to be held or obstructs such police officer in the execution
of his duties under this Act;
shall be guilty of an offence and liable on conviction-

(i) in the case of an offence referred to in paragraph (a), (b), (c), (d),
(f), (g) or (i), to a fine not exceeding nine thousand penalty units or to
imprisonment for a period not exceeding twelve months, or to both

(ii) in the case of an offence referred to in paragraph (e) or (h), to a


fine not exceeding one thousand five hundred penalty units or to
imprisonment for a period not exceeding six months, or to such
imprisonment without the option of a fine.
(As amended by Act. No. 13 of 1994)

SUBSIDIARY LEGISLATION

PROFESSIONAL BOXING AND WRESTLING


CONTROL
THE PROFESSIONAL BOXING CONTROL
REGULATIONS [ARRANGEMENT OF REGULATIONS]

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

SECTION 10-THE PROFESSIONAL BOXING Government


CONTROL REGULATIONS Notices
235 of 1962
497 of 1964
Regulations by the Minister
Statutory
Instrument
53 of 1965
51 of 1978
52 of 1978
160 of 1978
161 of 1978
12 off 1984
58 of 1984
65 of 1989
41 of 1991
Act No.13 of
1994

1. These Regulations may be cited as the Professional Boxing Control Title


Regulations.

2. In these Regulations, unless the context otherwise requires- Interpretation

"Board" means the Zambia Professional Boxing Control Board


established by paragraph (a) of section three of the Act.

3. Any person who desires to be registered as a boxer, official, manager Application for
or promoter shall make application to the Board for registration in the registration as a
form prescribed by the Minister for this purpose. boxer, official,
manager or
promoter

(2) every application to be registered as a boxer, official, manager or


promoter shall be accompanied by a registration fee of-

(a) 16 fee units for a boxer;

(b) 24 fee units for an official;

(c) 80 fee units for a manager;

(d) 160 fee units for a promoter;

(3) On receipt of any such application, the Board shall satisfy itself that
the particulars required are set out with sufficient clarity and may return
the application for amplification or amendment.
(4) On registering or re-registering any person as a boxer, official,
manager or promoter, the Board shall issue to such person a certificate
of registration in the form prescribed by the Minister for this purpose.

(5) All such certificates of registration shall be valid and remain in force
until the 31st December next following the date of issue.

(6) If any person who has been previously registered as a boxer, official,
manager or promoter under the provisions of this regulation desires to
apply for re-registration to the Board in the manner provided for in
sub-regulation (1), every such application for re-registration shall be
accompanied by the appropriate registration fee specified in
sub-regulation (2).
(As amended by Act No. 13 of 1994)

4. In the event of a boxer wishing to enter into a contract with a Contracts


manager, trainer or promoter, such manager, trainer or promoter, as the between boxers
case may be, shall, before such contract is finalised, deposit a draft and managers,
thereof with the Board for approval. etc., to be
(As amended by S.I. No. 41 of 1991) approved by
Board

5. (1) Any person who desires to promote a tournament shall, at least Applications for
fourteen days before the date upon which such tournament is to be held, licences to hold
apply to the Board for a licence to hold such tournament in the form tournaments
prescribed by the Minister for this purpose and shall, at the time of such
application, submit to the Board the following:

(a) all agreements entered into between himself and the boxers who
will participate in such tournament;

(b) particulars of any fixed amount to be paid to such boxers as


remuneration for their services at such tournament;

(c) particulars of any fixed amount to be paid by such boxers or


other officials to the promoter as a guarantee of their participation in
such tournament;

(d) particulars of each contest forming part of such tournament with


the full names of each boxer participating therein;

(e) the full names of all officials who may be employed in such
tournament;

(f) specimens of any posters or other advertising matter used or


intended to be used in respect of such tournament;

(g) a certificate of the physical and mental fitness of each boxer who
will participate in such tournament issued by a registered medical
practitioner;

(h) particulars of arrangements made for the weighing-in of each


boxer who will participate in such tournament.

(2) On receipt of any such application, the Board shall satisfy itself that
the particulars required are set out with sufficient clarity and may return
the application for amplification or amendment and may call upon the
applicant to produce such additional information relating to the holding
of such tournament as may be necessary to enable the Board to arrive at
a proper decision on the application.

(3) In the event of the Board deciding to grant a licence authorising the
holding of a tournament, the Board may charge a licence fee of-

(a) 40 fee units for a local tournament;

(b) 80 fee units for an international tournament.

(4) On payment of any licence fee charged by the Board in terms of


sub-regulation (3), the Board shall issue to the applicant a licence in the
form prescribed by the Minister for this purpose.
(As amended by S.I. No. 41 of 1991
and Act No. 13 of 1994)

6. Every person to whom the Board has issued a licence under the 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

(2) All tickets, vouchers, posters or other advertising matter to be sold


or published in relation to a tournament shall have inscribed on the face
thereof the words "Sanctioned by the Zambia Professional Boxing
Control Board".

8. In the event of a tournament in respect of which a licence has been Notice to be


issued under the provisions of regulation 5 being cancelled or given to Board
abandoned or curtailed by the failure to carry out any contest scheduled of any
to form part of such tournament, the person to whom such licence was cancellation or
issued shall forthwith notify the Board in writing of such cancellation, abandonment of
abandonment or curtailment and shall give to the Board the reasons a tournament
therefor.

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.

14. (1) Boxers participating in a tournament shall weigh-in on a scale Weighing-in


approved by the Board and provided by the promoter on the day of such and medical
tournament at ten o'clock in the forenoon, in the case of an afternoon examination
contest, and at two o'clock in the afternoon in the case of an evening
contest unless, with the approval of the Board, another time for such
weighing-in is mutually agreed between the boxers:

Provided that boxers taking part in championship title bouts shall


weigh-in in the nude.

(2) A boxer who is over-weight at the weigh-in shall be allowed one


hour to reduce to the weight at which he has contracted to box.

(3) The promoter shall at his own expense arrange for all boxers
participating in a tournament to be medically examined by a registered
medical practitioner appointed either by the Board or the promoter, at
the same time as and at the place of weighing-in; such medical
examination shall consist of the following:
(a) a cardio vascular examination, as a result of which such medical
practitioner shall satisfy himself that the pulse of the boxer under
examination shows no irregularities of rhythm other than sinus
arrhythmia or occasional extra systoles, that the pulse rate at rest does
not exceed ninety beats per minute and that there is no cardiac
enlargement of the heart and no cardiac murmur;

Provided that in the event of cardiac murmur being present, such


medical practitioner shall obtain a second opinion from another
registered medical practitioner before passing the boxer under
examination as fit to participate in the tournament;

(b) a respiratory examination, as a result of which such medical


practitioner shall satisfy himself that the chest expansion of the boxer
under examination is not less than two and a half inches, that there are
no adventitious sounds on auscultation and that there is no dyspnoea at
rest;

(c) an examination of the hands and forearms of the boxer under


examination, an examination for tenderness and oedema over the corpal
scaphoid, an examination for tenderness and oedema, limited movement
and deformity over the first metacarpals, an examination of the fingers
to ensure that there is sufficient movement in all joints to allow of a fist
being made in a boxing glove, an examination of the elbows for limited
movement and tenderness, an examination of the eyes for any obvious
visual defects and an examination to ascertain whether such boxer has
sustained any recent bodily injury, in which event the medical
practitioner shall make a thorough examination of such injured part,
particular attention being paid to any recent facial injuries suffered by
the boxer.

(4) At the conclusion of such examination, such medical practitioner


shall either grant a certificate to the effect that the boxer under
examination is fit to take part in the tournament or a certificate to the
effect that such boxer is unfit to participate.

(5) A boxer who is certified unfit by a medical practitioner shall not be


permitted to take part in a tournament.

15. The promoter of any tournament shall, at his own expense, ensure Medical
that a registered medical practitioner appointed either by the Board or practitioner to
the promoter is in attendance at or near the ringside throughout each be in attendance
contest for the purpose of rendering medical aid, if required, or for the during contests
carrying out of any examination of a boxer at the request of the referee.

16. The promoter of any tournament shall ensure that the following Equipment 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.

17. No official shall be permitted to officiate in or at a contest forming Officials having


part of a tournament if such official shall be pecuniarily interested in a pecuniary
such contest, provided, however, that such official shall not be debarred interest in a
from officiating solely on the ground that he is a member of a sporting contest not to
club approved of by the Board which is the promoter of such officiate at such
tournament. This regulation shall not apply to seconds. contest

18. In the event of a boxer participating in a contest being disqualified Referee to


by the referee or retiring from such contest without sufficient cause, the report to Board
referee shall, within thirty-six hours of such happening, submit a report on any
in writing to the Board. disqualification
19. In the event of a boxer participating in a contest forming part of a Boxers who are
tournament being disqualified by the referee for any cause whatsoever disqualified to
or retiring from such contest without sufficient cause, such boxer shall forfeit their
forfeit his entitlement to the amount payable to him for his services in remuneration
such tournament and shall be entitled to receive only his travelling
expenses and out-of-pocket expenses and any further remuneration
which may be awarded to him by the Board.

20. (1) All National Championships held in Zambia shall be decided 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

Provided that a championship title holder shall, subject to the discretion


of the Board, immediately forfeit his title-
(a) if he is convicted of a crime and sentenced to imprisonment
without the option of a fine; or
(b) if he is proved guilty, to the satisfaction of the Board, of gross
misconduct as a boxer; or
(c) if he refuses to defend his title after the receipt of a challenge
duly approved by the Board and within the time limit set down for such
title match by the Board; or
(d) if he is prevented by illness, accident or absence abroad from
taking part in a contest for his title or fails or is unable to defend his title
within such period as the Board directs; or
(e) if, in the case of an area or provincial title holder, he wins a
National Championship title in the same weight division.
(As amended by No. 53 of 1965)

22. (1) In the case of a National Championship contest, the boxer who Amount to be
is the title holder shall have the right to demand that the approved deposited with
challenger shall deposit with the Board or its nominee any sum of 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.

(3) If such championship title holder refuses to accept an approved


challenge or, having accepted, fails to box, the money deposited by the
challenger under the provisions of this regulation shall be returned to
such challenger whose claim to such title may then be considered by the
Board.
(As amended by No. 53 of 1965)

23. The Board shall create and administer a boxers' benevolent fund, Boxers'
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)

ZAMBIA PROFESSIONAL BOXING CONTROL BOARD

THE ZAMBIA PROFESSIONAL BOXING RULES

1. These Rules may be cited as the Zambia Professional Boxing Rules.


2. The standard weights for professional boxers shall be divided into
eight divisions as follows:
Fly .. .. .. 50.9 kg. and
under.
Bantam .. .. .. 53.6 kg. and
under.
Feather .. .. .. 57.7 kg. and
under.
Light .. .. .. 62.8 kg. and
under.
Welter .. .. .. 71.3 kg. and
under.
Middle .. .. .. 77.7 kg. and
under.
Light-heavy .. .. .. 78.2 kg and
under.
Heavy .. .. .. Any weight.
3. No contest between boxers in any two adjoining divisions as set out
in rule 2 shall be permitted when the difference in their respective
weight exceeds the maximum difference, less one pound avoirdupois,
fixed between such adjoining divisions:
Provided that nothing in this rule contained shall apply to the matching
of boxers if the weight of such boxer exceeds 77.7 kilograms.
4. All boxing contests shall be decided in an area termed "the ring"
measuring not less than sixteen feet nor more than twenty feet square,
inside measurement; the ring floor shall be not less than four feet above
the floor level of the venue in which the tournament is held and suitable
steps allowing access to the ring from the floor level shall be provided.
Three ropes drawn as taut as possible each of not less than one inch in
diameter and covered in soft material shall surround the ring and be
joined in the centre at each side. The top rope shall be placed fifty-two
inches, the middle rope thirty-five inches and the bottom rope seventeen
inches above the level of the ring floor. On each of the four corners of
the ring, the ring ropes shall be connected by loops of other rope or other
suitable fastenings to a post placed eighteen inches outside the ring
ropes, such corner posts shall be properly secured and suitably padded
throughout. The ring floor, which shall project at least two feet beyond
the ring ropes, shall be well covered to at least six inches of its outer
edges with felt half an inch thick, on top of which canvas, duck or other
similar material will be tightly stretched and securely fastened so as to
extend beyond the ring ropes for a distance of eighteen inches.
5. The promoter of any tournament shall provide a sufficient number
or quantity of chairs, buckets, bottles, gloves, spittoons, sponges, small
tables, powdered resin and clean water and scoring cards for the use of
judges, and in addition thereto he shall provide a gong or electric bell
which must be securely adjusted on a level with the ring floor and tested
prior to the commencement of such tournament, together with facilities
for the announcement of rounds by means of numbers visible
throughout the venue. In the event of an Announcer or Master of
Ceremonies being engaged to announce the bouts the promoter shall,
where necessary, ensure that suitable microphonic arrangements are
provided.
6. The duties of officials empowered to participate in any tournament
are as follows:
(A) (1) The Referee shall be the chief official during a contest and shall
take his position in the ring and shall exercise general supervision over a
contest. At the end of such contest he alone shall inform the Master of
Ceremonies or the Announcer what verdict to announce and his decision
shall be final.
(2) The Referee shall-
(a) ascertain the name of each boxer's Chief Second and hold him
responsible for the conduct of his assistants during a contest;
(b) ensure that the provisions of rules 7 and 8 are observed;
(c) order, whenever necessary, by the command "Stop", a cessation
of boxing during a round and thereafter order, by the command "Box
on", a resumption of boxing. He shall see that during each stoppage the
boxer or boxers standing in the ring do so without any support
whatsoever;
(d) order, by the command "Break", the boxers to separate when in a
clinch and, at his discretion, to separate them himself should they fail
promptly to obey such command. The Referee shall not tap the gloves or
arms of the boxers in a clinch;
(e) regard as an acknowledgment of defeat a boxer's inability to
resume boxing at the Time-keeper's signal;
(f) stop a contest and order the retirement of any Second for the
remainder of such contest in the event of the misbehaviour of such
Second;
(g) stop a contest if, in his opinion, it is too one-sided and thereafter
award the contest to the better boxer;
(h) stop a contest if a boxer is accidentally disabled or is, in the
opinion of the Referee, unable to defend himself and thereafter award
the contest to his opponent;
(i) stop a contest in the event of a boxer being Down and
immediately thereafter shall start announcing audibly the number of
each second of time as it passes. He shall count up to nine seconds and
indicate the tenth second and the end of the contest by pronouncing the
word "Out", and shall thereafter award the contest to the opponent if by
that time the boxer who is Down has not risen;
(j) in the event of a boxer going Down and claiming a low blow
which the Referee has not seen, the Referee shall count up to ten,
omitting the word "Out", and thereafter consult his judges and give his
decision;
(k) satisfy himself that there is no resin on the gloves of a boxer who
has been Down and who is in a fit condition to continue the contest;

(l) stop a contest if he is of the opinion that neither boxer is boxing


to the best of his ability, in which case he shall disqualify either one or
both of them;
(m) have the power to stop a contest and disqualify any boxer for
committing any one or more of the following acts which are hereby
deemed to be fouls and that with or without having previously warned
such boxer:
(i) hitting below the belt;
(ii) hitting an opponent who is Down or who is getting up after being
Down;
(iii) hitting with the inside or butt of the hand, wrist or elbow;
(iv) butting with the head;
(v) using the kidney punch;
(vi) using the knee;
(vii) using the pivot blow;
(viii) using the rabbit punch;
(ix) purposely going down without having been hit;
(x) not trying or not boxing to the best of his ability;
(xi) retiring from a contest without sufficient cause;
(xii) committing any unfair physical action which may injure an
opponent, the sole judge whereof shall be the Referee;
(xiii) consistently refusing to obey the Referee;
(xiv) using back-handed blows, or hitting or flicking with the open
glove;
(xv) holding an opponent, or holding or locking an opponent's arms
or head or pinning him;
(xvi) holding an opponent with one hand and hitting with the other;
(xvii) holding the ropes with one hand for the purpose of obtaining
greater power when hitting an opponent;
(xviii) boring or "lying on" an opponent;
(xix) wrestling or roughing;
(xx) not breaking promptly when ordered so to do by the Referee;
(xxi) resting on the ropes during a stoppage;
(xxii) resuming or attempting to resume boxing after a stoppage
without being ordered so to do by the Referee;
(xxiii) using offensive language or behaviour during a contest;
(xxiv) weaving, ducking or bobbing below an opponent's waistline in
attack;
(xxv) using a completely passive defence, the sole judge whereof shall
be the Referee;
(xxvi) clowning;
(n) in the event of the boxers persistently clinching after being
warned by him to desist, stop the contest and declare it no contest;
(o) in the course of a contest be responsible for interpreting all or
any of the Professional Boxing Control Regulations or these Rules and
any questions which may arise and which are not provided for in such
Regulations or Rules; and
(p) on receiving the Judges' completed scoring cards from the
Master of Ceremonies hand them to a member of the Board for retention
by the Board.

(B) (1) The Judges shall be stationed on three sides of the ring, the
Time-keeper occupying the fourth side. Each Judge shall be supplied
with a scoring card and shall independently assign marks to the boxers.
They shall at all times be ready to assist the Referee, if required, in
deciding whether any foul has been committed. They may also bring any
other matter to the notice of the Referee at the end of any round of a
contest.
(2) At the end of each round of a contest, each Judge shall award a
maximum of seven points to the better boxer and a proportionate
number of points to the other boxer or, if in the opinion of such Judge,
neither boxer is better than the other, he may award seven points to each
of them. Halves or other fractions of a whole number shall not be used in
scoring. Points awarded to a boxer at the end of each round shall be
based on the number of marks scored by such boxer during such round.
(3) Marks shall be awarded as follows:
(a) In attack, for scoring direct clean hits with the knuckle part of the
closed glove on any part of the front or side of the head or body above
the belt and also generally for effective aggression; a clean forceful
blow landing on the target shall be credited in proportion to its
damaging effect.
(b) In defence, for guarding, slipping, ducking, blocking and in
general for cleverly evading blows and for countering:
Provided that marks awarded for defence shall not outweigh those
awarded for attack.
(4) Marks shall not be awarded for (a) tapping, or (b) blows which do
not land on the opponent.
(5) Marks shall be deducted for fouling although such fouling may not
be sufficiently serious in the opinion of the Referee to warrant
disqualification.
(6) At the end of a contest which has lasted the scheduled number of
rounds, each Judge shall complete his scoring card so as to show the
total number of points awarded by him to each boxer and shall hand
such scoring card to the Master of Ceremonies who in turn shall hand it
to the Referee.
(C) The Referee and the Judges of a contest shall not converse with any
person in the audience while officiating at such contest. Scoring cards
shall not be exhibited to or discussed with any person in the audience
whether during or after such contest. Referees and Judges shall not
criticise in public decisions given by themselves or other officials nor
shall a Referee or Judge or any other official discuss the contents of a
Judge's scoring card or decisions with any unauthorised person.
(D) The Time-keeper shall be seated at the side of the ring close to the
gong or electric bell. He shall provide himself with a suitable stop watch
or clock which shall permit his making due allowances for stoppages
ordered by the Referee. He shall indicate the beginning and end of each
round by sounding the gong or bell. Five seconds before the beginning
of a round he shall call out in an audible voice the words "Seconds Out",
and the number of the round.
(E) The Master of Ceremonies or Announcer shall announce from
inside the ring in a satisfactory manner (preferably by microphone) the
names of the boxers, their weights, the title at stake, if any, the number
and duration of the rounds and the names of the Referee, Judges and
Time-keeper. He shall collect scoring cards from the Judges and hand
them to the Referee, and announce the decision when authorised so to do
by the Referee. He shall make any other necessary announcements at the
request of the promoter or the Referee. He shall at no time look at the
Judge's scoring cards.
(F) The Ringmaster shall supervise the ring and its accessories and see
that the floor of the ring is kept properly resined and that a sufficiency of
clean water is supplied. He shall be in charge of the gloves and see that
no time is wasted between contests by the unpreparedness of the
contestants.

(G) A Second shall from a corner of the ring assist or advise a boxer
before a contest or during the interval between rounds. Each boxer shall
be permitted to have not more than three Seconds in his corner and all
three must be attired in white shirts and white or grey trousers. A Chief
Second must be nominated to the Referee by each boxer and such Chief
Second alone of the Seconds can declare the retirement of his principal
by throwing a towel into the ring and orally drawing the Referee's
attention to the fact. Seconds shall not coach principals during the
progress of rounds and they must remain silent. They shall not throw,
spout or spray water or other substance on a principal nor in any other
way assist him during a round. Each boxer shall be allowed only two
Seconds in the ring between rounds and they shall leave the ring
enclosure at the Time-keeper's call and shall remove all obstructions,
such as chairs, buckets, etc., the instant the sound signal indicates the
beginning of a round. None of these articles shall be placed on the ring
floor again until the gong or bell signals the end of the round.
7. (1) Every boxer who participates in a tournament shall wear gloves
of a type approved by the Board, each of which shall be not less than six
ounces in weight.
(2) In the event of bandages being used by boxers participating in a
tournament, the length of bandage on each hand shall not exceed the
following:
(a) flyweight to middleweight, nine feet of soft bandage, not
exceeding two inches in width, and nine feet of thin adhesive tape, not
exceeding one inch in width;
(b) light-heavyweight and heavyweight, twelve feet of soft bandage,
not exceeding two inches in width, and twelve feet of thin adhesive tape,
not exceeding one inch in width.
(3) All gloves and bandages to be used in a contest shall first be
examined by the Referee who shall satisfy himself that they conform
with the requirements of this rule and who shall, in addition, supervise
their adjustment by the Seconds, and ensure that the gloves have not
been broken by twisting, and that the padding thereof has not been
removed from the potential part of the glove.
8. Boxers must box in light, heel-less, spikeless boots or shoes, or in
socks and loose fitting, coloured (not white) trunk drawers, the boxers to
wear trunks of different colours, secured at the hips, but no metal or
other buckles, straps, etc., shall be worn, and with the bottom hems
thereof reaching at least half-way between the knees and thighs. Tights
are prohibited. A "Protector Cup or Shield" adjusted to the satisfaction
of the Medical Officer and Referee immediately prior to entering the
ring must be worn. The Medical Officer and Referee shall at the same
time satisfy themselves with regard to the character of any markings on
the body of the boxer visible in that region. Shields for the gums may be
worn but not ear-guards or any other protection. The face or upper part
of the body must not be greased. Boxers must have a clean appearance
and have their hair cut to a reasonable length to the satisfaction of the
weighing officials.
9. In all contests the number of rounds shall be specified and no contest
shall exceed 12 rounds, except as defined hereunder, and no round shall
exceed three minutes in duration. There shall be an interval of one
minute between each round. National Championships shall be of 12
rounds of three minutes each, Area or Provincial Championships of 10
rounds of three minutes each and International Championships shall be
of such number of rounds as may be approved by the Board after
consulting with other National Bodies. Time occupied by stoppages
ordered by the Referee during the progress of a round shall not count as
part of the time of such a round.
10. For the purpose of these Rules, the following definitions and notes
shall apply:
(a) "Stop" "Box on"-excepting only when the Referee has given the
order "Stop", boxers must protect themselves at all times whilst in the
ring and on their feet, but they shall not resume boxing after a stoppage
("breaking" excluded) without the order "Box on".
(b) "Break"-On the command "Break", both boxers must take a step
backwards before continuing to box and be on the defensive whilst so
doing. Having moved in this manner, a boxer may immediately resume
boxing without being ordered to do so by the Referee.
(c) "Clinch"-means a locking-together by the boxers for which both
are responsible.
(d) "Down"-A boxer shall be deemed down when-
(i) any part of his body other than his feet is on the ring floor;
(ii) hanging over the ropes in a helpless condition.
NOTES.-(1) A boxer hanging over the ropes in a helpless condition is
not officially down until so pronounced by the Referee, who can count
the boxer out either on the ropes or on the floor.
(2) Should a boxer arise fully but be unable to defend himself, the
contest shall be stopped and the decision given to the opponent.
(3) Should a boxer who is down arise before the count of ten seconds
of time be reached and then at once go down again without being struck,
the Referee shall resume the count where it left off, provided that in his
opinion such going-down is the aftermath of the original knock-down
blow and that the boxer's action does not warrant disqualification.
(4) A boxer sent down by a blow may remain down until nine
seconds of time have been counted without being disqualified, but after
an accidental fall he must arise instantly, failing which the Referee may
stop the contest and award the decision to his opponent.
(e) "Counting out"-The order "Stop" shall precede the beginning of
any count. When counting, the Referee shall move one of his arms in
unison with his count. Immediately a boxer is down, the opponent shall
retire to the farthest neutral corner from the boxer who is down and,
should he fail to do so or, having done so, come out of that corner during
the count, the Referee shall suspend his count until the opponent shall
return to that corner, when the Referee shall resume the count where it
left off. A boxer counted out shall be the loser of the contest irrespective
of the number of marks awarded up to that time.
(f) "Double Knock-out"-In the event of a double knock-out the
Referee shall declare the contest to be a draw.
(g) "Tapping"-Direct, light blows are not regarded as tapping but a
succession of taps, usually employed at close quarters, which have no
effect upon an opponent, are to be considered as such.
(h) "Holding"-Holding is done with one or both hands. Whilst it is
not permissible for a boxer to hold an opponent with one hand and hit
with the other, yet it is permissible for the opponent who is held to hit
with his free hand or hands.
(i) "Hitting below the Belt"-Hitting below the belt is hitting below
an imaginary line drawn across the abdomen at the level of the tops of
the front edges of the hip bones.
NOTE.-This includes the groins.
(j) "Kidney punch"-The kidney punch is a blow delivered
deliberately at the part of the body over the kidneys.
(k) "Pivot blow"-A pivot blow is made when a boxer pivots round
on one foot swinging his arm with him and, as he completes his
revolution, delivers a blow of any kind.
(l) "Rabbit punch"-The rabbit punch is a deliberate blow to the back
of the head or neck.
SECTION 10-THE PROFESSIONAL BOXING AND Government
WRESTLING (PRESCRIBED FORMS) REGULATIONS Notices
236 of 1962
Regulations by the Minister
497 of 1964

1. These Regulations may be cited as the Professional Boxing and Title


Wrestling (Prescribed Forms) Regulations.

2. The forms set forth in the Schedule shall be the forms to be used in Prescribed
all cases to which they are respectively applicable for the purposes of the forms
Act.
SCHEDULE
(Regulation 2)

PRESCRIBED FORMS

FORM 1
THE PROFESSIONAL BOXING AND WRESTLING CONTROL
ACT

APPLICATION FOR REGISTRATION


To: The Zambia Professional Boxing/
Wrestling* Control Board,
P.O. Box 2186,
Lusaka.
I (name in full) hereby
apply to be registered as a (insert here:
boxer, wrestler, promoter, manager, trainer, referee, judge, time-keeper,
master of ceremonies or announcer, ringmaster or second), and enclose
the registration fee of ..............................
Please answer the following questions:
1. Have you had a Certificate of Registration or a Licence before?

2. If so, give dates of first and last Certificate of Registration or


Licence
3. Any other names which are or have been used for boxing or
wrestling purposes (if none-write "None")
I understand that the issue of a Registration Certificate is at the
discretion of the Board and that any Registration Certificate may be
suspended or cancelled at any time.
Name
Permanent address

Postal address

I certify that the above particulars are true.


.......................................
Applicant's signature
Date ................................................
*Delete as appropriate
FORM 2
THE PROFESSIONAL BOXING AND WRESTLING CONTROL
ACT

APPLICATION FOR LICENCE AUTHORISING THE HOLDING OF


A TOURNAMENT
To: The Zambia Professional Boxing/
Wrestling* Control Board,
P.O. Box 2186,
Lusaka.
I,
hereby apply for a licence to hold a boxing/wrestling* tournament at

............................ (venue) in (town)


on the ..................................................... day of , 19 ....... to
stage contests between the following:
1. ..................................................................... vs
............................................................ rounds of minutes each
at ............................................................ (weight) for the
Championship.
2. ..................................................................... vs
............................................................ rounds of minutes each
at ............................................................ (weight) for the
Championship.
3. ..................................................................... vs
............................................................ rounds of minutes each
at ............................................................ (weight) for the
Championship.
4. ..................................................................... vs
............................................................ rounds of minutes each
at ............................................................ (weight) for the
Championship.
5. ..................................................................... vs
............................................................ rounds of minutes each
at ............................................................ (weight) for the
Championship.
6. ..................................................................... vs
............................................................ rounds of minutes each
at ............................................................ (weight) for the
Championship.
I attach hereto the following:
(a) All agreements entered into the promoter of the tournament and
the boxers/wrestlers* participating therein.
(b) Particulars of fixed amounts to be paid by the promoter to such
boxers/wrestlers* as remuneration for their services at such tournament.
(c) Particulars of fixed amounts to be paid to the promoter by
boxers/wrestlers* or officials as a guarantee of their participation in
such tournament.
(d) The full names of each boxer/wrestler* and officials
participating in such tournament.
(e) Specimens of posters or other advertising matter to be used in
respect of such tournament.
(f) A certificate of the physical and mental fitness of each
boxer/wrestler* who will participate in the tournament, duly signed by a
medical practitioner.
(g) Particulars of arrangements made for the weighin-in of each
boxer/wrestler* who will participate in such tournament.
I certify that I am registered as a promoter under the provisions of the
Professional Boxing and Wrestling Control Act.
NAME (in full) ........................................
ADDRESS ...............................................
...................................................................

Applicant's signature
Date .............................................
* Delete as appropriate
ORIGINAL
FORM 3
THE PROFESSIONAL BOXING AND WRESTLING CONTROL ACT
No. ................................
Ref ................................
CERTIFICATE OF REGISTRATION
This is certify that
has been registered as a
in terms of the Professional Boxing and Wrestling Control Act.
Dated at ........................................................... this 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

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

SECTION 10-THE PROFESSIONAL WRESTLING Government


CONTROL REGULATIONS Notices
313 of 1962
Regulations by the Minister
497 of 1964
Statutory
Instrument
53 of 1965
Act No.5 of
1991
13 of 1994

1. These Regulations may be cited as the Professional Wrestling Title


Control Regulations.

2. In these Regulations, unless the context otherwise requires- Interpretation

"Board" means the Zambia Professional Wrestling Control Board


established by paragraph (b) of section three of the Act.

3. (1) Any person who desires to be registered as a wrestler, official, 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

(2) Every application to be registered as a wrestler, official, manager or


promoter shal be accompanied by a registration fee of-

(a) 16 fee units for a wrestler;

(b) 24 fee units for an official;

(c) 80 fee units for a manager;

(d) 160 fee units for a promoter;


(3) On receipt of any such application, the Board shall satisfy itself that
the particulars required are set out with sufficient clarity and may return
the application for amplification or amendment.

(4) On registering or re-registering any person as a wrestler, official,


manager or promoter, the Board shall issue to such person a certificate
of registration in the form prescribed by the Minister for this purpose.

(5) All such certificates of registration shall be valid and remain in force
until the 31st December next following the date of issue.

(6) If any person who has been previously registered as a wrestler,


official, manager or promoter under the provisions of this regulation
desires to apply for re-registration to the Board in the manner provided
for in sub-regulation (1), every such application for re-registration shall
be accompanied by the appropriate registration fee specified in
sub-regulation (2)
(As amended by S.I. No. 5 of 1991 and Act No. 13 of 1994)

4. In the event of a wrestler wishing to enter into a contract with a Contracts


manager, trainer or promoter, such manager, trainer or promoter, as the between
case may be, shall before such contract is finalised deposit a draft wrestlers and
thereof with the Board for approval. managers, etc.,
to be approved
by Board

5. (1) Any person who desires to promote a tournament shall, at least Applications for
fourteen days before the date upon which such tournament is to be held, licences to hold
apply to the Board for a licence to hold such tournament in the form tournaments
prescribed by the Minister for this purpose and shall, at the time of such
application, submit to the Board the following:

(a) all agreements entered into between himself and the wrestlers
who will participate in such tournament;

(b) particulars of any fixed amounts to be paid to such wrestlers as


remuneration for their services at such tournament;

(c) particulars of any fixed amount to be paid by such wrestlers or


other officials to the promoter as a guarantee of their participation in
such tournament;

(d) particulars of each contest forming part of such tournament with


the full names of each wrestler participating therein;

(e) the full names of all officials who may be employed in such
tournament;

(f) specimens of any posters or other advertising matter used or


intended to be used in respect of such tournament;

(g) a certificate of the physical and mental fitness of each wrestler


who will participate in such tournament issued by a registered medical
practitioner;

(h) particulars of arrangements made for the weighing-in of each


wrestler who will participate in such tournament.

(2) On receipt of any such application, the Board shall satisfy itself that
the particulars required are set out with sufficient clarity and may return
the application for amplification or amendment and may call upon the
applicant to produce such additional information relating to the holding
of such tournament as may be necessary to enable the Board to arrive at
a proper decision on the application.

(3) In the event of the Board deciding to grant a licence authorising the
holding of a tournament, the Board may charge a licence fee of-

(a) 40 fee units for a local tournament;

(b) 80 fee units for an international tournament.

(4) On payment of any licence fee charged by the Board in terms of


sub-regulation (3), the Board shall issue to the applicant a licence in the
form prescribed by the Minister for this purpose.
(As amended by S.I. No. 5 of 1991
and Act No. 13 of 1994)
6. Every person to whom the Board has issued a licence under the 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

(2) All tickets, vouchers, posters or other advertising matter to be sold


or published in relation to a tournament shall have inscribed on the face
thereof the words, "Sanctioned by the Zambia Professional Wrestling
Control Board".

8. In the event of a tournament in respect of which a licence has been Notice to be


issued under the provisions of regulation 5 being cancelled or given to Board
abandoned or curtailed by the failure to carry out any contest scheduled of any
to form part of such tournament, the person to whom such licence was cancellation or
issued shall forthwith notify the Board in writing of such cancellation, abandonment of
abandonment or curtailment and shall give to the Board the reasons a tournament
therefor.

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

Featherweight-over 123 pounds and up to and including 134 pounds.


Lightweight-over 134 pounds and up to and including 145 pounds.
Welterweight-over 145 pounds and up to and including 158 pounds.
Middleweight-over 158 pounds and up to and including 174 pounds.
Light-heavyweight-over 174 pounds and up to and including 191
pounds.
Cruiserweight-over 191 pounds and up to and including 208 pounds.
Heavyweight-over 208 pounds.
Contestants shall wrestle in the weight division corresponding to the
natural weight of their bodies. If wrestlers enter in a higher division such
contest may take place by special sanction of the Board. In all
championship contests the contestants must be within the weight limits
set out for the division entered.

(2) Wrestlers participating in a tournament shall weigh-in on a scale


approved by the Board and provided by the promoter on the day of such
tournament at ten o'clock in the forenoon, in the case of an afternoon
contest, and at two o'clock in the afternoon in the case of an evening
contest unless, with the approval of the Board, another time for such
weighing-in is mutually agreed between the wrestlers:

Provided that wrestlers taking part in championship title bouts shall


weigh-in in the nude.

(3) The promoter shall, at his own expense, arrange for all wrestlers
participating in a tournament to be medically examined by a registered
medical practitioner appointed either by the Board or the promoter, at
the same time as and at the place of weighing-in.

(4) At the conclusion of such examination, such medical practitioner


shall either grant a certificate to the effect that the wrestler under
examination is fit to take part in the tournament or a certificate to the
effect that such wrestler is unfit to participate.

(5) A wrestler who is certified unfit by a medical practitioner shall not


be permitted to take part in a tournament.

15. The promoter of any tournament shall, at his own expense, ensure 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.

16. No official shall be permitted to officiate in or at a contest forming Officials having


part of a tournament if such official shall be pecuniarily interested in a pecuniary
such contest, provided, however, that such official shall not be debarred interest in a
from officiating solely on the ground that he is a member of a sporting contest not to
club approved of by the Board which is the promoter of such officiate at such
tournament. This regulation shall not apply to seconds. contest

17. In the event of a wrestler participating in a contest being Referee to


disqualified by the referee or retiring from such contest without report to Board
sufficient cause, the referee shall, within thirty-six hours of such on any
happening, submit a report in writing to the Board. disqualification

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)

20. A wrestler who is a championship title holder shall retain Forfeiture of


possession of his title until he is defeated in a championship contest: championship
titles

Provided that a championship title holder shall, subject to the discretion


of the Board, immediately forfeit his title-
(a) if he is convicted of a crime and sentenced to imprisonment
without the option of a fine; or
(b) if he is proved guilty, to the satisfication of the Board, of gross
misconduct as a wrestler; or
(c) if he refuses to defend his title after the receipt of a challenge
duly approved by the Board and within the time limit set down for such
title match by the Board; or
(d) if he is prevented by illness, accident or absence abroad from
taking part in a contest for his title or fails or is unable to defend his title
within such period as the Board directs; or
(e) if, in the case of an area or provincial title holder, he wins a
National Championship title in the same weight division.
(As amended by No. 53 of 1965)

21. (1) In the case of a National Championship contest, the wrestler 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.

(3) If such championship title holder refuses to accept an approved


challenge or, having accepted, fails to wrestle, the money deposited by
the challenger under the provisions of this regulation shall be returned to
such challenger whose claim to such title may then be considered by the
Board.
(As amended by No. 53 of 1965)

22. The Board shall create and administer a wrestler's benevolent fund, Wrestlers'
on the executive of which both wrestlers and promoters shall be benevolent fund
represented and, for the purpose of creating and maintaining funds for
such wrestlers' benevolent fund, the Board may impose a levy not
exceeding two and one-half per centum of the amount payable to a
wrestler for his services in a tournament.

23. For the purpose of deriving funds to maintain the function of the Board 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)

SECTION 10-THE PROFESSIONAL BOXING AND Statutory


WRESTLING CONTROL (INSURANCE) (NO. 2) Instrument
58 of 1984
REGULATIONS

Regulations by the Minister

1. These Regulations by the Minister may be cited as the Professional Title


Boxing and Wrestling Control (Insurance) (No. 2) Regulations.
2. (1) A person shall not be registered, be re-registered or continue to be Insurance for
registered as a boxer, wrestler, official, manager or promoter unless, in boxers,
addition to complying with other prescribed requirements, he produces wrestlers, etc.
to the Board a personal accident insurance policy which complies with
sub-regulation (2).

(2) As a minimum, the policy referred to in sub-regulation (1) shall


cover the person concerned-

(a) during training and during tournaments lawfully staged under


the laws of the country where such training takes place or such
tournaments are staged and shall extend to death or injury occurring
during travel by road, air, rail or sea to and from the places where the
tournaments are to be held or where the training is to take place;

(b) for at least three thousand kwacha for death and one thousand
kwacha for permanent disablement.

SECTION 10-ZAMBIA PROFESSIONAL BOXING AND Statutory


WRESTLING CONTROL (BENEVOLENT FUND) Instrument
65 of 1989
REGULATIONS

Regulations by the Minister

1. These Regulations may be cited as the Professional Boxing and Title


Wrestling Control (Benevolent Fund) Regulations.

2. In these Regulations unless the contest otherwise requires- Interpretation

"Board" means the Zambia Professional Boxing Control Board


established by paragraph (a) of section three of the Act;

"boxing or wrestling official" means a Board member, committee


member, promoter, manager, trainer, referee, Judge, announcer,
time-keeper, ring master or a second;

"Committee" means the Benevolent Fund Committee appointed by the 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.

3. The benefits to be payable out of the Fund are as follows- Types of


(a) a retirement benefit; benefits

(b) a survivor's benefit;


(c) a funeral grant;
(d) a mental and physical disability benefit; and
(e) a supplementary saving benefit.

4. (1) A retirement benefit shall be paid to an eligible member who is Retirement


not in gainful employment and who has satisfied the Committee that he Benefits
has been unable to find regular employment within a specified period of
twelve months from the date of retirement.

(2) A retirement benefit shall not be paid to a member who has retired
from professional boxing or wrestling as a result of disciplinary action
taken or confirmed by the Board.

(3) Any boxer or wrestler who resumes boxing or wrestling after


benefiting from the Fund shall not be eligible for a further retirement
benefit unless he reimburses the Fund of any benefit paid to him earlier
on retirement.

5. (1) A survivor's benefit shall be payable to the survivors of a Survivor's


deceased member upon fulfilment of any of the following conditions- benefit

(a) testimony of at least two members of the Board or two members


of the Fund confirming the death of the member;

(b) production of a death or burial certificate or both;

(c) production of a letter from the Local Chief or area Council


Secretary confirming the death of the deceased;

(d) proof of appointment of administrator of a deceased's estate or


grant of probate of will of deceased.

(2) A survivor's benefit shall be paid to the immediate members of the


family of the deceased member in the following order-

(a) beneficiaries named in his will;

(b) widow;

(c) children;

(d) parents or legal guardians or both.

6. (1) Claims for a funeral grant must be made not later than six months Funeral grants
after the death of member.

(2) A claim under this regulation may only be accepted by the


Committee if made by any of the following persons on a prescribed
form-

(a) the executor or administrator of the deceased person's estate;

(b) any person or relative certified to have been responsible for the
payment of the funeral expenses of the deceased member.

7. (1) Members who are unable to continue with their professional Mental and
boxing and wrestling due to mental or physical disability or both may be physical
paid a mental or physical disability benefit. disability

(2) A claim for a mental or physical disability benefit may be made on a


prescribed form at any time regardless of the age of member.

(3) A claim for a mental or physical disability benefit shall be supported


by a medical certificate issued by a qualified and registered medical
practitioner at a Government hospital certifying that the member in
respect of whom the claim is made is permanently incapable of carrying
out normal duties.
(4) Where the member's mental or physical disability or both are acute
the member's next of kin may apply for disability benefits on his behalf.

8. (1) A member may contribute to the Fund's Supplementary Scheme. Supplementary


savings benefits

(2) A supplementary saving benefit may be paid to a contributing


member either after the retirement of the member from boxing or
wrestling after suffering mental or physical disability or both certified
by a qualified and registered medical practitioner at a Government
hospital.

9. (1) The amount of any benefit to be paid out shall be determined by Quotation of
the Committee. benefits

(2) Any member aggrieved by a decision of a Committee under


sub-regulation (1) may appeal to the Board and if not satisfied by the
decision of the Board may appeal to the Minister whose decision shall
be final.

10. All claims for benefits from the Fund shall be made on the 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

RETIREMENT BENEFIT CLAIM FORM

NOTES:
Please state clearly on this form:
(a) Your names in full including any nick names for the purpose of
boxing or wrestling.
(b) 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.

1. Name and address of claimant (in block capitals)


(a) Surname
(b) Other names
(c) Ring names (if any)
(d) National Registration Card Number
(e) Date of birth
(f) Place of birth
(g) State whether boxer or wrestler
(h) Present postal address

(i) Residential address


2. Claimant's present (or last) Manager
(a) Last manager's full name and address

(b) Weight division


(c) Date of retirement

3. Claim for benefit


I hereby claim a retirement benefit under the Professional Boxing and
Wrestling Control Act and declare that the particulars in support of this
claim are correct to the best of my knowledge and belief. I previously
claimed and received a Retirement Benefit in .........................
Date ............................................. Claimant's Signature.......
Delete if not applicable.

4. Sworn/affirmed by the said


before me this ............................ day of at .................

*Attesting witness signature


Full Name
Designation
Official stamp
*NB ATTESTING WITNESS
(Senior Public Officer, Labour Officer, Social Development Officer
in the Administrative Grade, Minister of Religion, Legal Practitioner,
Bank Manager, Medical Practitioner or Commissioner for Oaths.

For Official use only


Not approved/approved
Amount
Date
This form should be sent to:
The Secretary
Zambia Professional Boxing and Wrestling Control Board
P.O. Box 50558
Lusaka
Form ZPBWCB/BENFUND/02
ZAMBIA PROFESSIONAL BOXING AND WRESTLING
CONTROL BOARD BENEVOLENT FUND

SURVIVOR'S BENEFIT CLAIM FORM

NOTES
Please state clearly on this form:
(a) 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

1. Name and address of claimant (in block capitals)


(a) Surname
(b) Other names
(c) National Registration Card Number
(d) Date of birth
(e) Present postal address

(f) Residential address

2. Particulars of deceased member (in block letters)


(a) Surname
(as on NRC)
(b) Other names
(c) Ring name (if any)
(d) National Registration Card Number
(e) Date of birth
(f) Place of birth
(g) Date of death
(h) Date of burial/cremation
(i) State whether boxer or wrestler
(j) Date of joining the Fund: Month
......................................................................................................................................Year ................
...
(k) Last Managers full name and address

(l) Weight division

3. Claim for Benefit


I hereby claim a survivor's benefit under the Professional Boxing and Wrestling Control Act and declare th
particulars in support of this claim are correct to the best of my knowledge and belief.
Date Claimant's Signature ................................................

4. Sworn/affirmed by the said before


me this. day of ...........................
at
*Attesting witness's signature
Full name
Designation
Official stamp
*ATTESTING WITNESS
(Senior Public Officer, Labour Officer, Social Development Officer in the Administrative Grade, Minist
Religion, Legal Practitioner, Bank Manager, Medical Practitioner or Commissioner for Oaths).

Official Use Only


Not approved/approved
Amount
Date
This form should be sent to:
The Secretary
Zambia Professional Boxing and Wrestling Control Board
P.O. Box 50558
Lusaka
Form ZPBWCB/BENFUND/03
ZAMBIA PROFESSIONAL BOXING AND WRESTLING
CONTROL

BOARD BENEVOLENT FUND

FUNERAL GRANT CLAIM FORM

NOTES
Please state clearly on this form:
(a) Your names in full including any nick names for the purpose of
boxing or wrestling.
(b 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.

1. Name and address of Claimant (in block capitals)


(a) Surname
(b Other names
(c) National Registration Card Number
(d) Date of birth
(e) Present postal address
(f) Residential address

2. Particulars of deceased member (in block capitals)


(a) Surname (as on NRC)
(b) Other names
(c) Ring Name (if any)
(d) National Registration Card Number
(e) Date of birth
(f) Place of birth
(g) Date of death
(h) Date of burial/cremation
(i) State whether boxer or wrestler
(j) Date of joining the Fund: Month Year .........................
(k) Last manager's full name and address

(l) Weight division

3. Claim for Benefit


I hereby claim a funeral grant under the Professional Boxing and
Wrestling Control Act and declare that the particulars in support of this
claim are correct to the best of my knowledge and belief.
Date
Claimant's Signature

4. Sworn/affirmed by the said before


me this .......................... day of
at
*Attesting witness's signature

Full name
Designation
Official
stamp
*ATTESTING WITNESS
(Senior Public Officer, Labour Officer, Social Development Officer, in the
Administrative Grade, Minister of Religion, Legal Practitioner, Bank
Manager, Medical Practitioner or Commissioner for Oaths).

Official Use Only


Not approved/approved
Amount
Date.
This form should be sent to:
The Secretary
Zambia Professional Boxing and Wrestling Control Board
P.O. Box 50558
Lusaka
Form ZPBWCB/BENFUND/05
ZAMBIA PROFESSIONAL BOXING AND WRESTLING
CONTROL BOARD BENEVOLENT FUND

MENTAL/PHYSICAL DISABILITY BENEFIT CLAIM FORM

NOTES
Please state clearly on this form:
(a) Your names in full including any nick names for the purpose of boxing or wrestling.
(b) 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.

1. Particulars of Members (in block capitals)


(a) Surname (as on N R C)
(b) Other names
(c) Ring names (if any)
(d) National Registration Card Number
(e) Date of birth
(f) Place of birth
(g) State whether boxer or wrestler or official
(h) Date of joining the Fund: Month Year .........................
(i) Weight division
(j) If retired, indicate date when retired and reason

(k) Present postal address


(l) Residential address
...............................................
(m) Last manager's full name and address
2. Particulars of:
(a) Person to whose care and control member is handed over

(b) Date of order


(c) Court at which order was made

3. Particulars of Applicant (in block capitals)


(a) Surname.
(b) Other names
(c) National Registration Card Number
(d) Postal address

(e) Residential address

(f) Age ........................... (If over 21, state 'Over 21')


(g) Relationship, if any, to the member

4. Claimant for Benefit


I hereby claim a Mental/Physical Disability under the Professional Boxing and Wrestling
Control Act and declare that the particulars in support of this claim are correct to the best of
my knowledge and belief.
I previously claimed and received a Mental/Physical Diability Benefit in

Date ................................................ Claimant's Signature


* (Delete if not applicable)

5. Sworn/affirm by the said


before me this
day of
at
* Attesting witness's signature....................................
Full Name
designation
* NB ATTESTING WITNESS
(Senior Public Officer, Labour Officer, Social Development Officer in the
Administrative Grade, Minister of Religion, Legal Practitioner, Bank Manager, Medical
Practitioner or Commissioner for Oaths).

Official use only


Not approved/approved
Amount
Date
This form shall be sent to:
The Secretary
Zambia Professional Boxing and Wrestling Control Board
P.O. Box 50558
Lusaka
Form ZPBWCB/BENFUND/09
ZAMBIA PROFESSIONAL BOXING AND WRESTLING
CONTROL BOARD BENEVOLENT FUND

SUPPLEMENTARY SAVING BENEFIT CLAIM FORM


Please state clearly on this form:
(a) Your names in full including any nick names for the purposes of
boxing and wrestling.
(b) 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
state point of collection.
These notes should be carefully noted as failure to comply with them
may result in delay in payment of your claim.
1. Name and address of claimant (in block capitals)
(a) Surname
(b) Other names
(c) Ring names (if any)
(d) National Registration Card Number
(e) Date of birth
(f) Place of birth
(g) State whether boxer or wrestler or official
(h) Date of joining the Fund: Month
Year
(i) Weight Division
(j) If retired, indicate date when retired and reason

(k) Present postal address

(l) Residential address

(m) Manager's full name and address


2. Claim for Benefit
I hereby claim a Supplementary Benefits Savings under the
Professional Boxing and Wrestling Control Act and declare that the
particulars in support of this claim are correct to the best of my
knowledge and belief. I previously claimed and received a
supplementary saving benefit in:
................................................................ Date
(Delete if not applicable)

3. Sworn/affirmed by the said


before me this .
day of...........................................................
* Attesting witness signature
Full name
Designation
Official stamp
* ATTESTING WITNESS
(Senior Public Officer, Labour Officer, Social Development Officer
in the, Administrative Grade, Minister of Religion, Legal Practitioner,
Bank Manager Medical Practitioner or Commissioner for Oaths).

For official use only


Not approved/approved
Amount
Date
This form shall be sent to:
The Secretary
Zambia Professional Boxing and Wrestling Control Board
P.O. Box 50558
Lusaka

CHAPTER 157 THE CASINO ACT

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 Acts No.13 of


1992
An Act to provide for the granting and revocation of casino licences and 6 of 1994
temporary casino licences, to authorise the playing of games and the sale 13 of 1994
of intoxicating liquor in licensed premises; to specify the conditions 5 of 2000
which may be attached to a casino licence to exempt the holder of a
casino licence from certain provisions of the Liquor Licensing Act; to
provide for the appointment of casino inspectors; to repeal the Casino
and Gaming Machines (Prohibition) Acts, respectively and to provide
for matters connected with and incidental to the foregoing.

[1st April, 1992]


1. This Act may be cited as the Casino (Amendment) Act, 2000, and Short title
shall be read as one with the Casino Act, in this Act referred to as the Cap. 157
principal Act.

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

"betting" means wagering or staking any money or valuable thing by or


on behalf of any person, or expressly or impliedly undertaking,
promising or agreeing to wager or stake by or on behalf of any person,
any money or valuable thing on any horse race, or other race, fight,
game, sport, lottery or exercise or any other event or contingency; and
"bet" and "to bet" shall be construed accordingly;

"card game" means any game of cards specified in a casino licence;

"casino" means any premises kept and managed for the purpose of
gaming;

"casino licence" means a licence issued under section three or four;

"casino inspector" means any person appointed as an inspector under


section eight;

"gaming" means the playing of a game of chance for winnings in money


or moneys worth, and the word "game" shall be construed accordingly;

"game of chance" shall not include any athletic game or sport;

"gaming machine" means a machine for playing a game of chance,


being a game which requires no action by any player other than the
actuation or manipulation of the machine;

"gross revenue" means the total income derived or received from


gaming at a casino and includes credit extended to customers, any hiring
charge or commission paid on gaming machines and the entry fee to the
casino less only the total of all sums paid out as losses by the licensee in
respect of games played under a casino licence;

"intoxicating liquor" has the meaning assigned to it in the Liquor Cap. 167
Licensing Act;
"licensed premises" means any premises in respect of which a casino
licence is in force;

"licence" means a licence issued under section three;

"licensee" means the holder of a valid casino licence or temporary


casino licence;

"quarter-year" means one quarter of a calendar year;

"temporary casino licence" means a licence issued under section four;

"winnings" include any amount deducted for the benefit of the licensee
from any stake or bank in any game not being an amount deducted from
the receipts of any slot machine.

3. (1) No person shall operate a casino without a valid casino licence 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.

(4) A casino licence shall authorise-

(a) the playing in or on such part of the licensed premises as is


specified in the casino licence of such games, tables and gaming
machines as are specified in it;

(b) subject to the provisions of the Hotels Act, the carrying on and 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

(d) the carrying on by the licensee in the licensed premises of any


trade or business specified in the casino licence.

(5) A casino licence shall specify the number of tables authorised under
the casino licence for the playing of any game and the number of gaming
machines authorised under the casino licence.

(6) No licensee shall operate or allow to be operated, any tables for the
playing of any game or gaming machines in excess of the number
authorised under the casino licence.

(7) Any person who-

(a) keeps or allows to be kept on any premises a gaming machine for


the purpose of gaming without a casino licence; or

(b) contravenes any of the provisions of this section;


shall be guilty of an offence and shall be liable to a fine not exceeding
two hundred and fifty penalty units or to imprisonment for a period not
exceeding two years or to both.

(8) When any person is convicted of an offence under subsection (7) the
court which convicts that person shall, in addition to any penalty
imposed under subsection (7), order the forfeiture to the Government of
the tables on gaming machines which were the subject matter of the
offence.
(As amended by Act No. 13 of 1994)

4. (1) The Minister may, on application, issue a temporary casino Issue of


licence to any person, subject to the payment of such fees as may be temporary
prescribed and on such terms and conditions as the Minister may casino licence
consider necessary.

(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-

(a) the playing in or on the licensed premises as is specified in the


licence of any game specified in the licence, but shall not include
gaming machines;

(b) the sale on the licensed premises to any person at any time,
during the playing of such games, of intoxicating liquor for
consumption on the licensed premises; and

(c) the carrying on by the licensee in the licensed premises of any


trade or business specified in the licence.

5. (1) The Minister shall not grant a casino licence under section three Conditions
to any person unless- under which a
licence shall be
granted

(a) the premises in respect of which the application for a casino


licence is made are structurally adopted for use as a casino;

(b) proper provision has been made for the sanitation of the casino;
and

(c) proper provision has been made for surveillance cameras to be


fitted for the monitoring of the game and other activities in the gaming
premises.

(2) The licensee, throughout the currency of the casino licence, shall
carry on and maintain, on the licensed premises a hotel of such size and
standard as may be specified in the casino licence.

(3) The Minister may prescribe other conditions to a casino licence-

(a) relating to the method of operation of any game;

(b) relating to the operation of any hotel carried on and maintained


on the licensed premises;
(c) for the purposes of ensuring that the operation of the licensed
premises does not detract from the natural beauty and amenities of any
place near the licensed premises;

(d) for the purposes of ensuring that the operation of the licensed
premises accords with decency, dignity, good taste and honesty;

(e) requiring the keeping of such books, forms, accounts and


records relating to casino operations in such form as he may prescribe;
and

(f) relating to any other matters which he may consider necessary or


incidental to a casino licence.

6. (1) The Minister may, revoke a casino licence where- Revocation of


casino licence

(a) the licensee or any employee of the licensee has been convicted
of an offence under this Act or of an offence relating to the sale of
intoxicating liquor on the licensed premises;

(b) the licensee has contravened or failed to comply with any of the
conditions of the casino licence;

(c) the licensee has failed to carry on and to maintain a hotel in


accordance with the conditions of the casino licence; or

(d) the licensee has failed to pay the licence fees payable for the
licence and for the games in operation.

(2) The Minister shall not revoke a casino licence under paragraph (a)
of subsection (1) unless-

(a) the licence has been informed in writing of the grounds upon
which it is proposed to revoke the casino licence and shall give the
licensee an opportunity of making representations, in writing, in relation
to the proposed revocation;

(b) he is satisfied that the offence is of such a serious nature or was


ommitted in circumstances of such seriousness as in his opinion
warrants such revocation; or

(c) that the licensee or any employee of the licensee has on a


previous occasion been convicted of an offence under this Act.

7. (1) A casino licence shall be transferable only with the consent of the Transfer and
Minister, which consent may be given or withheld in the absolute varification of a
discretion of the Minister. casino licence

(2) The Minister may, on the application of the licensee, at any time,
during the currency of a casino licence, vary any condition of the casino
licence:
Provided that where the conditions to be varied relate to the
fees for the games listed in the licence, the Minister shall before having
such conditions varied, direct an inspection of the games to be carried
out.

8. (1) In order to ensure compliance with the provisions of this Act, or Casino
any condition imposed under this Act, the Minister shall appoint such inspectors
number of inspectors as he may consider necessary.

(2) Every inspector shall be provided with a certificate of appointment


which shall be prima facie evidence of the inspector's appointment as
such.

(3) An inspector shall on demand by any person affected by the exercise


of an inspector's powers under this Act, produce for inspection the
certificate referred to in subsection (2).

9. (1) In the performance of his duties an inspector shall have power- Powers of
Inspectors

(a) at any time to enter and inspect the licensed permises;

(b) to inspect all equipment and supplies in or about the licensed


premises;
(c) on demand to have access to and inspect, examine and audit all
papers, books and records of the licensee representing the gross revenue
produced by the games played under the casino licence;

(d) to seize and remove from the licensed premises any equipment
or supplies for the purpose of examination and inspection;

(e) to be present at and supervise the counting at the close of


business of the casino on any day of the money received by the casino in
gaming during that day; and

(f) to be present at and supervise the calculation of the gross


winnings made on any day.

10. (1) Any person who on any licensed premises- Gaming by


minors
prohibited

(a) plays any game with or permits the playing of any game by any
young person;

(b) allows any young person to enter any part of the licensed
premises where any game is played, whether for the purpose of gaming
or otherwise;

(c) employs in the organisation or for the management of any game


any young person;
shall be guilty of an offence and liable on, conviction, to a fine not
exceeding eight-hundred penalty units or to imprisonment for a period
not exceeding two years, or to both.

(2) In this section "young person" means any person under the age of
eighteen years.

(3) It shall not be a defence for any licensee or employee of the licensee
charged with an offence under subsection (1) that he did not know of the
presence of any young person or that such young person was present
without his consent, unless he shows, to the satisfaction of the court that
he took all reasonable steps to ensure that no young person was admitted
to such licensed premises.
(As amended by Act No. 13 of 1994)

11. (1) The Minister may at any time, and shall at least once in every Submission of
twelve months, require a licensee to submit to him- statement of
account, etc.

(a) a properly audited statement of accounts stating the gross


winnings of the casino on each day, or during such other period as he
may require;

(b) a declaration that the fees payable in respect of the gross


winnings of any particular period calculated in accordance with this Act
have been paid; and

(c) any other information which the Minister may require relating to
the operation of a casino.

(2) Any person who refuses or fails to submit a statement of accounts as


and when required by the Minister or who knowingly submits a false or
misleading statement shall be guilty of an offence and liable to a fine not
exceeding four thousand penalty units or to imprisonment for a term not
exceeding one year, or to both.
(As amended by Act No. 13 of 1994)

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.

(b) In respect of each quarter-year during the currency of the casino


licence-
(i) the sum of 250 fee units for each table authorised under the
casino licence for the playing of card games; and
(ii) the sum of 200 fee units for each gaming machine authorised to
be operated under the casino licence;

(c) In respect of each quarter-year during the currency of the casino


licence 20 per centum of the gross revenue for a quarter year.

(d) A fee of 500 fee units in respect of each temporary casino licence
issued.

(2) The fees specified in paragraph (a) of subsection (1) shall be paid on
or before the commencement of each year to which the fees relate.
(As amended by Acts No. 6 of 1994 and No. 13 of 1994)

16. (1) Any licensee and any employee or agent of such licensee who- Offences

(a) makes any false entry in a statement or return required to be


submitted to the Minister under this Act; or

(b) makes any false entry in any account of the casino, with the
intention that the same shall be taken to be true;
shall be guilty of an offence and shall be liable upon conviction-
(i) in the case of an individual, to imprisonment for a period not
exceeding six months or to a fine not exceeding two thousand penalty
units; or
(ii) in the case of a corporation or limited company to a fine not
exceeding four thousand penalty units.

(2) Any person who obstructs an inspector in the execution of his duties
and powers under section nine of this Act shall be guilty of an offence
and shall be liable upon conviction to imprisonment for a period not
exceeding six months or to a fine not exceeding two hundred penalty
units.
(3) Where an employee or agent of the licensee commits an offence
under this section, the licensee, and where the licensee is a corporation
or limited company, any director and any principal officer of the
corporation or limited company, shall be deemed to have abetted the
commission of the offence unless he establishes to the satisfaction of the
court that the offence was committed without his knowledge and that he
could not reasonably be expected to know that the offence was being
committed.
(As amended by Act No. 13 of 1994)

17. The Minister may, by statutory instrument, make regulations-


(a) prescribing the manner in which games will be played in or on
such part of the licensed premises;
(b) prescribing the procedure and format of applying for the issue,
renewal or variation of any licence under this Act;
(c) prescribing the format in which books, forms and accounts shall
be maintained by the licensee and also the format in which returns and
statements shall be submitted to the Minister in accordance with this
Act; and
(d) suspending in whole or in part the fees payable under the Act;
(e) granting a refund, rebate or remission of the whole or any part of
the fees payable under the Act;
(f) generally for the carrying into effect of the purposes of this Act.
(As amended by Act No. 5 of 2000)
CHAPTER 158

THE THEATRES AND CINEMATOGRAPH


EXHIBITION ACT

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

THEATRES AND CINEMATOGRAPH EXHIBITION 54 of 1929


1 of 1932
An Act to regulate and control theatres and cinematograph exhibitions; Government
and to provide for matters incidental thereto or connected therewith. Notices
302 of 1964
[1st January, 1930] 497 of 1964
Statutory
Instrument
70 of 1964
Act No.13 of
1994

1. This Act may be cited as the Theatres and Cinematograph Short title
Exhibition Act.
(As amended by No. 1 of 1932)

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

"cinematograph exhibition" means any exhibition of pictures or other


optical effects presented by means of a cinematograph or other similar
apparatus;

"Licensing Officer" means the District Secretary of the District in which


any theatre is situate or such other person as the Minister shall, by
Gazette notice, appoint for the purposes of this Act;

"stage play" includes any tragedy, comedy, farce, opera, burletta,


interlude, melodrama, pantomime, dialogue, prologue, epilogue,
concert or other dramatic or musical entertainment or any part thereof;

"theatre" means any building, tent or other erection open to the public,
gratuitously or otherwise, where a stage play or cinematograph
exhibition is performed or presented.

3. No theatre shall be used for the performance of stage plays or the 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

8. (1) A descriptive title of every picture or series of pictures intended Description of


to be presented at any cinematograph exhibition and copies of all posters cinematograph
advertising the same shall be sent to the Board with an account of the scene to be
theatre where and the time when the exhibition is intended to be submitted
presented.

(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)

12. The President may, by statutory instrument, make regulations- Regulations


(a) prescribing the form of any licence or permit under this Act and
the fees payable therefor;
(b) prescribing conditions to be observed in reference to the
erection, alteration and equipment of any theatre;
(c) prescribing conditions to be observed in reference to the safety
from fire or otherwise of any theatre or for the safety, convenience and
control of persons attending any such theatre;
(d) prescribing the quorum, powers and duties of the Board and the
area for which such Board is constituted;
(e) generally for the better carrying into effect of the provisions of
this Act.
(As amended by G.N. No. 302 of 1964)

SUBSIDARY LEGISLATION

THEATRES AND CINEMATOGRAPH EXHIBITION

SECTIONS 7 AND 12-THE FILMS CENSORSHIP Government


REGULATIONS Notices
13 of 1930
Regulations by the President
41 of 1932
66 of 1932
137 of 1932
54 of 1936
113 of 1937
33 of 1938
119 of 1938
166 of 1939
171 of 1945
234 of 1960
243 of 1960
39 of 1961
38 of 1962
302 of 1964
497 of 1964
Statutory
Instruments
70 of 1964
237 of 1966
21 of 1979
75 of 1979
Act No. 13 of
1994)

1. These Regulations may be cited as the Films Censorship Title


Regulations.

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

(2) Questions before the Board shall be decided by a majority of votes


of those present and voting and, in the case of equality of votes, the
chairman shall have a casting vote.

(3) If only two members of the Board are present and voting then, in the
case of equality of votes on any question, such question shall be brought
up again for decision before not less than three members of the Board.

(4) The Minister may appoint a member of the Board to be


chairman of the Board.
(No. 234 of 1960 as amended by No. 243 of 1960, No. 302 of 1964 and
S.I. No. 70 of 1964)

3. (1) It shall be the duty of the Board to examine every cinematograph Duties of Board
picture duly submitted to it for examination with a view to such
cinematograph picture being approved for purposes of exhibition to the
public.

(2) On the completion of the examination of any cinematograph picture,


the Board may-

(a) approve the same as suitable for exhibition to the public in


accordance with the following classifications:
"U" suitable for universal exhibition;
"A" suitable for exhibition to adults, children between the ages of four
and sixteen years to be admitted only when accompanied by a parent or
other responsible adult;
"X" suitable for exhibition to adults only, children between the ages of
four and sixteen years not to be admitted whether accompanied by an
adult or not;

(b) refuse to approve the same;

(c) agree to approve the same, subject to such excisions from the
cinematograph picture as it thinks proper, and thereafter to classify such
cinematograph picture in accordance with the provisions of paragraph
(a) and to mark the same in accordance with the provisions of
sub-regulation (3).

(3) If the Board shall approve a cinematograph picture as suitable for


exhibition to the public in accordance with the provisions of paragraph
(a) of sub-regulation (2), it shall affix to such cinematograph picture the
mark "U", "A" or "X", as the case may be.

(4) No person shall exhibit or cause to be exhibited any cinematograph


picture classified and marked in accordance with the provisions of this
regulation without the mark affixed thereto.

(5) No person exhibiting or causing to be exhibited a cinematograph


picture-

(a) classified and marked "A" in accordance with the provisions of


this regulation shall permit the attendance of children between the ages
of four and sixteen years at such exhibition unless accompanied by a
parent or other responsible adult;

(b) classified and marked "X" in accordance with the provisions of


this regulation shall permit the attendance at such exhibition of any child
between the ages of four and sixteen years whether accompanied by an
adult or not.

(6) If the Board approves a cinematograph picture subject to the making


of excisions therein and the handing over to the Board of such excised
portions, the person submitting the said picture for approval may elect
whether not to exhibit the picture at all or to exhibit it after having
caused the said excisions to be made and so handed over.

(7) The approval of the Board shall not be given with respect to any
cinematograph picture or any part thereof which is made in the Republic
of South Africa or by or in association with any company formed in the
Republic of South Africa, or which in its opinion depicts any matter that
is contrary to public order or decency, or the exhibition of which would
for any other reason be undesirable in the public interest. In the case of a
cinematograph picture the exhibition of which is intended to be
accompanied by a mechanical reproduction of sound (whether or not the
device or arrangement for such reproduction is an integral part of the
cinematograph picture), the Board may take such reproduction of sound
into consideration in determining whether or not the cinematograph
picture should be approved, or in determining what excisions, if any,
should be made therefrom.
(8) (a) On approval by the Board of any cinematograph picture, a permit
shall be issued in the form in the Schedule, on payment of a fee of 125
fee units to the Licensing Officer. Such permit shall accompany all
cinematograph pictures which are passed by the Board for exhibition in
Zambia.

(b) Not earlier than the hour appointed for the commencement of
each performance there shall be exhibited on the screen, prior to the
exhibition of any picture, a certificate in the following form:

This is to certify that all films shown in this theatre at this performance
have received the approval of the Film Censorship Board of Zambia for
exhibition and the prescribed fee of 125 fee units has been paid in
respect of each such film.

(9) No fee shall be payable for a permit to exhibit a cinematograph


picture which is to be exhibited at an entertainment for which no charge
is made for admission or an entertainment the proceeds of which, after
deducting reasonable expenses, are devoted to philanthropic or
charitable purposes.
(As amended by Nos. 41 and 137 of 1932, No. 54 of 1936, No. 119 of
1938, No. 166 of 1939, No. 234 of 1960, No. 38 of 1962, No. 237 of
1966, S.I. Nos. 21 and 25 of 1979, and Act No. 13 of 1994)

4. If any matter other than a certificate of approval or the mark "U", 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

THE THEATRES AND CINEMATOGRAPH EXHIBITION ACT

EXHIBITION PERMIT
FILM CENSORSHIP BOARD.
This
film........................................................................................................................................................................
..............................................................................................................................................................................
has been approved by the Board for exhibition in Zambia and has been classified and
marked................................
Date...........................................19.......
..................................................................
Chairman of the Board
Fee Paid 125 fee units
NOTE.-This permit must accompany the film through Zambia.
(As amended by No. 54 of 1936, No. 166 of 1939, No. 234 of 1960, No. 38 of 1962,
S.I. No. 21, 75 of 1979 and Act No. 13 of 1994)

SECTION 12-THE THEATRES AND CINEMATOGRAPH Government


EXHIBITION (FORMS AND FEES) REGULATIONS Notices
14 of 1930
Regulations by the President 497 of 1964
20 of 1979
74 of 1979
Act No. 13 of
1994
1. These Regulations may be cited as the Theatres and Cinematograph Title
Exhibition (Forms and Fees) Regulations.

2. The licence to be issued by a Licensing Officer in respect of any Theatre licence


theatre shall be in the form in the Schedule.

3. There shall be payable to the Licensing Officer, upon issue of a Prescribed fees
theatre licence, the following fees, that is to say:

(a) In respect of a licence for a period not exceeding twelve


calendar months, expiring on the 31st December in any
year .. .. .. 10,000 fee units

(b) In respect of a licence for a period not exceeding one


100 fee units
week .. .. .. ..

(c) In respect of a licence for a period not exceeding


50 fee units
twenty-four hours .. .. ..

(As amended by S.I. No. 20 of 1979 and Act No. 13 of 1994)

4. The President may exempt any person from payment of the whole or Exemption
any part of the fees specified in regulation 3.
SCHEDULE
(Regulation 2)

REPUBLIC OF ZAMBIA

THE THEATRES AND CINEMATOGRAPH EXHIBITION ACT

THEATRE LICENCE

Licence is hereby granted to .........................................


of .................................. in respect of a theatre situate
at...................................for the period.......................19.....
to........................19....... inclusive, for which period...........................fee
has been paid, subject to the provisions of the above-named Act, the
regulations issued thereunder and the conditions hereunder set forth.
[Description of Theatre]
Dated this...................................day of...................................19.......

...............................................................
Licensing Officer
[Special Conditions]
...............................................................
Licensing Officer
THE THEATRES AND CINEMATOGRAPH
EXHIBITION REGULATIONS

ARRANGEMENT OF REGULATIONS

PART I PRELIMINARYPART I
P RELIMINARY

Regulation
1. 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

SECTION 12-THE THEATRES AND CINEMATOGRAPH Government


EXHIBITION REGULATIONS Notices
98 of 1930
Regulations by the President
33 of 1937
143 of 1937
2 of 1949
322 of 1954
129 of 1955
282 of 1958
118 of 1959
170 of1959
373 of 1961
400 of 1962
497 of 1964

PART I
PRELIMINARY
1. These Regulations may be cited as the Theatres and Cinematograph Title
Exhibition Regulations.

2. The Minister may, by statutory notice, apply all or any of these Application
Regulations to any city, municipality, township or to any area specified
in such notice, and may exempt from the operation thereof any specified
area or buildings situated therein.
(No. 2 of 1949 as amended by No. 322 of 1954 and
No. 118 of 1959)

PART II
GENERAL BUILDING
REQUIREMENTS
3. Except as otherwise provided in these Regulations, no person shall 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

6. A theatre shall not be constructed underneath or on top of any part of Floors to be


any building used for any other purpose unless the floors of such fire-resisting
building are of fire-resisting material.

7. All iron work or other structural metal work used in the construction 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.

(3) No staircase, corridor or passage required for public access shall be


less than 1.40208 metres wide, and every such staircase, corridor or
passage which communicates with any portion of a theatre intended for
the accommodation of a larger number of persons than 400 shall be
increased in width by not less than 15 centimetres for every additional
100 persons to a maximum width of 2.7 metres. The doors of small
theatres not exceeding 116 square metres in area may, however, be not
less than 1.07 metres in width.

(4) All staircases above 1.82 metres in width shall be properly divided
down the centre by one or more strong handrails with proper supports.
No flight of stairs shall consist of more than fourteen risers, and each
flight shall have a landing and no winder steps shall be allowed. Each
flight shall be provided with a suitable handrail to the satisfaction of the
Inspector of Fire Services.
(As amended by No. 282 of 1958 No. 373 of 1961 and
S.I. No. 11 of 1971)

11. (1) In any theatre for the performance of stage plays or where a Proscenium
proscenium is erected, the proscenium shall be of brick or other
fire-resisting material to the satisfaction of the Inspector of Fire
Services, not less than 35.5 centimetres in thickness, and shall be carried
across the entire width of the building, both above and below the stage,
to the level of the foundations of the external wall. No openings shall be
made in the proscenium wall, with the exception of a doorway into the
orchestra and one door on each side of the stage for communication with
the auditorium.

(2) The said doorways shall be not less than 1.07 metres wide, and shall Doorways
be fitted with fire-resisting doors to the satisfaction of the Inspector of
Fire Services. The bottom of the said doorways shall not be more than
91.4 centimetres above the stage door and such doors shall have an
overlap of at least 7.6 centimetres at each edge.
(3) The decorations and mouldings around the proscenium opening 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.

(2) All dressing-rooms shall be in a separate block, or else separated by Dressing-rooms


a fire-resisting wall with not more than one opening from the building to to be in separate
which they belong. block

(3) All dressing-rooms shall be provided with windows opening Dressing-rooms


directly to the external air and adequately ventilated. to have
windows

13. (1) The space above the stage shall be of sufficient height to allow Space above
of all scenes and the fire-resisting screen being raised above the top of stage
the proscenium opening in one piece and without rolling.

(2) The roof of the stage shall not be of fire-resisting material or of Roof
heavy construction and shall be provided with one or more skylights in
the top thereof, equal together to one-tenth of the area of the stage. Such
skylights shall be glazed with sheet glass weighing not more than 0.588
litres per metre superficial. Immediately underneath the glass there shall
be wire netting, but wire glass shall not be used.

(3) Such skylight or skylights shall be made to open their full area by Skylight
lowering the fire-resisting screen or by the cutting or burning of a cord.

14. A scene dock, property room or store room shall not be permitted Scene dock,
in any theatre unless the same be separated from the rest of the building property room,
by brick or other fire-resisting material. 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.

(4) The following fastenings are not permitted: Fastenings

(a) short bolts on top or bottom;


(b) locking or swivel bars;

(c) padlocks, ordinary spring locks and bolts working by chains;

(d) any lock on a single leaf door except a drawback lock (without a
catch pin) which can be opened from inside without a key;

(e) monkey tail bolts with a shoulder or projection.

(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.

(3) During any performance, all fire appliances shall be in charge of


some responsible person specially appointed for that purpose, who shall
see that such appliances are kept constantly in a serviceable condition
and available for use.
(As amended by No. 282 of 1958, No. 373 of 1961 and
S.I. No. 11 of 1971)

26. The footlights (if of oil or candles) in front of the stage or the 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:

(a) one picture machine with or without stereopticon attached, 2.1


metres long;

(b) one picture machine with separate stereopticon or spotlight, 2.7


metres long;

(c) two picture machines with or without stereopticon attached, 3


metres long;

(d) two picture machines with separate stereopticon or spotlight, 3.7


metres long.
An additional 1.2 metres length shall be provided for each additional
picture machine, stereopticon or spotlight.

(2) The chamber shall be ventilated direct to the external air by means Ventilation of
of a flue constructed of incombustible material fixed over the machine. chamber
The area of such flue shall be in the proportion of at least 1 square metre
for every 9.912 metres of the chamber.

30. No operating chamber shall be placed so as to interfere with the 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.

(3) Portable or temporary operating chambers shall not be used in any


building in which the aggregate number of days on which
cinematograph exhibitions are given exceeds thirty in any one year for
any one place.

(4) In the event of an operating chamber of any description, in-cluding


permanent operating chambers, being inside the auditorium, a suitable
barrier shall be firmly fixed round the operating chamber at a distance of
not less than 61 centimetres from any part thereof.

32. Direct means of escape from the operating chamber to the external Escape from
air shall be provided by a passage-way at least 91 centimetres in width. chamber
In cases where the chamber is fixed above the level of the ground or
main floor, the stair or ladder from the operating chamber to the floor
shall be constructed of incombustible material at least 68.5 centimetres
in width.

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.

(2) No gas shall be stored or used save in containers constructed in


accordance with the requirements contained in the Schedule.

39. (1) All cinematograph projectors shall be fitted with two film-boxes Film-boxes
of substantial construction to and from which the films shall travel. Such
boxes shall be made to close in a manner which shall prevent the ingress
of fire, and shall be fitted with a film-slot capable of preventing the
passage of flame to the interior of the film-box, and shall be kept closed
except for the insertion or removal of films. Spools shall be chain or
gear driven, and films shall be wound upon spools so that the wound
films shall not at any time reach or project beyond the edges of the
flanges of the spool.

(2) All films, when not in the machine and while still in the
operating chamber, shall be contained in closed metal boxes of
self-closing pattern. Films shall not be stored nor rewound nor repaired
in any other place on the premises than in the operating chamber or in
some other approved fire-proof enclosure.

(3) No film shall be removed from the operating chamber or other


approved fire-proof chamber except in closed metal boxes.

40. Ether saturators and gas generators must be placed in the open air, Ether saturators
and the filling of ether saturators must be carried out in the open air.

41. (1) No smoking shall be permitted within the operating chamber. Rules of
running

(2) No storage of any description, nor the use of any naked light, shall
be permitted within the operating chamber, nor shall any paper,
cardboard or rubbish be kept therein.

(3) Adequate small fire appliances, including a chemical fire


extinguisher of 3 gallons capacity, a bucket of sand, two buckets of
water and a wet blanket shall be kept within the operating chamber for
immediate use.

(4) The general lighting of the entrances or exists to any premises


within which a cinematograph exhibition is being held shall not be
controlled from within the operating chamber.

(5) A suitable barrier shall be fixed round the operating chamber at a


distance of not less than 61 centimetres from any part thereof to prevent
the audience coming into contact therewith.

(6) Work of any description other than the operating of and any
essential repairs to the machinery and the rewinding and repairing of
films shall not be done inside the operating chamber during the time any
member of the audience is in the building.

(7) The operators and all persons responsible for or employed in or in


connection with a cinematograph exhibition shall take all due
precaution for the prevention of accidents, and shall abstain from any act
whatever which tends to cause fire or danger or panic and is not
reasonably necessary for the purposes of the exhibition.

(8) Except for special essential repairs, no person, other than the
operators and the duly appointed assistant, the licensee, the proprietor,
his duly authorised representative, the manager, and the duly authorised
agents of the Licensing Officer, shall be admitted to the operating
chamber during a cinematograph exhibition:

Provided that, with the consent of the licensee and of the Licensing
Officer first had and obtained in writing, professional and scientific
investigators may be permitted to visit operating chambers during a
cinematograph exhibition.

(9) The operator or duly appointed assistant shall always be in the


operating chamber during a cinematograph exhibition, and in no
circumstances shall there be at any time more than four persons in the
operating chamber during the exhibition.

42. These Regulations shall apply to buildings and cine-matograph Outside


operating chambers, whether or not the apparatus is fixed inside or chambers
outside the hall or structure accommodating the audience. included

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

44. Where existing cinematograph exhibitions have been authorised Exhibitions


prior to the commencement of these Regulations, no picture machines or authorised prior
stereopticons shall be installed in any existing operating chamber to 14th
beyond the number installed at the commencement of these Regulations, November,
unless such chambers comply with the requirements in regard to size 1930
and shape for such additional machines or stereopticons, and then only
with the permission of the Licensing Officer.

45. Notwithstanding anything herein to the contrary, it shall not be Miniature


necessary to provide an operating chamber for the projection of motion machines
pictures in the case of-
(a) any miniature picture machine in which the maximum electric
current used for the light shall be 350 watts. Such miniature machine
shall be operated in an approved box or case of fire-resisting material
constructed with a fusible link or other approved releasing device to
close the projection opening instantaneously and completely in case of
combustion within the box or case. The light in such miniature machine
shall be completely enclosed in a metal lantern box covered with an
irremovable roof;
(b) the use or operation of any so-called miniature picture apparatus
which uses only an enclosed incandescent electric lamp and
non-inflammable or slow-burning films, and is of such construction that
films of ordinary standard size cannot be used therewith.

46. A miniature picture machine as described in the last preceding Position of


regulation shall not be placed or fixed within 1.5 metres of any miniature
hangings, curtains or furniture of an inflammable nature or construction, machines
and the rewinding or repair of films used in connection with such
miniature machine shall not be effected in the building whilst any
member of the audience is present therein.

47. In all places of entertainment where cinematograph ex-hibitions Position of


form, or are intended to form, the whole or any portion of the screen
entertainment, the angle of elevation of the top edge of the screen at any
point in the auditorium 1.07 metres above the floor shall not exceed 35
degrees; and the horizontal angle made by the screen and a line
connecting the vertical edge of the screen and the seat in the front row
furthest therefrom shall not be less than 25 degrees:

Provided that nothing herein contained shall require the alteration of the 14th November,
seating arrangements of any building existing at the commencement of 1930
these Regulations and which has been duly licensed for cinematograph
exhibitions.

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.

50. In regard to any theatre situated in any municipality constituted Municipality to


under the provisions of the Local Government Act, the council of such have similar
municipality shall exercise all the powers conferred by these powers as
Regulations on the Inspector of Fire Services. Inspector of
(As amended by No. 282 of 1958, No. 373 of 1961 and Fire Services.
S.I. No. 11 of 1971) Cap. 281
SCHEDULE

(Regulation 38)

LIMELIGHT

The gas cylinders shall be tested and filled in conformity with the
requirements set out below:

(Cylinders of compressed gas (oxygen, hydrogen or coal-gas)


(a) Lap-welded wrought iron: greatest working pressure, 120
atmospheres, or 126.55 kg per square centimetre:
(1) Stress due to working pressure not to exceed 1.024 tonnes per square
centimetre.
(2) Proof pressure in hydraulic test, after annealing, shall be 224
atmospheres, or 236.24 kg per square centimetre.
(3) Permanent stretch in hydraulic test not to exceed 10 per centum of
the elastic stretch.
(4) One cylinder in fifty to be subjected to a statical bending test, and to
stand crushing nearly flat between two rounded knife-edges without
cracking.
(b) Lap-welded or seamless steel: greatest working pressure, 120
atmospheres, or 126.55 kg per square centimetre:
(1) Stress due to working pressure not to exceed 1.181 tonnes per square
centimetre in lap-welded, or 8.16 tonnes per square centimetre in
seamless, cylinders.
(2) Carbons in steel not to exceed 0.25 per centum or iron to be less than
99 per centum.
(3) Tenacity of steel not to be less than 4.095 tonnes or more than 5.197
tonnes per square centimetre. Ultimate elongation not less than 3.1
centimetres in 20 centimetres. Test-bar to be cut from finished annealed
cylinder.
(4) Proof pressure in hydraulic test, after annealing, shall be 224
atmospheres or 236.24 kg per square centimetre.
(5) Permanent stretch shown by water jacket not to exceed 10 per
centum of elastic stretch.
(6) One cylinder in fifty to be subjected to a statical bending test, and to
stand crushing nearly flat between rounded knife-edges without
cracking.
Regulations applicable to all cylinders
(1) Cylinders to be marked with a rotation number, a manufacturer's or
owner's mark, an annealing mark with date and a test mark with date.
The marks to be permanent and easily visible.
(2) Testing to be repeated at least every two years, and annealing at least
every four years.
(3) A record to be kept of all tests.
(4) Cylinders which fail in testing to be destroyed or rendered useless.
(5) Hydrogen and coal-gas cylinders to have left-handed threads for
attaching connections and to be painted red.
(6) The compressing apparatus to have two pressure gauges, and an
automatic arrangement for preventing overcharging. The compressing
apparatus for oxygen to be wholly distinct and unconnected with the
compressing apparatus for hydrogen and coal-gas.
(7) Cylinders not to be refilled till they have been emptied.
(8) If cylinders are sent out unpacked, the valve fittings to be protected
by a steel cap.
(9) A minimum weight to be fixed for each size of cylinder in
accordance with the required thickness. Cylinders of less weight to be
rejected.
REGULATION 2 OF THE THEATRES AND Government
CINEMATOGRAPH EXHIBITION Notices
245 of 1950
REGULATIONS-APPLICATION
183 of 1956
Notices by the Minister
224 of 1958

The whole of the Regulations are hereby applied to the following


municipalities, and townships:

(a) Municipalities:
City of Lusaka
City of Kitwe
City of Ndola
Chingola Municipality
Kabwe Municipality
Livingstone Municipality
Luanshya Municipality
Mufulira Municipality

(b) Townships:
Chililabombwe Township
Chipata Township
Choma Township
Kalulushi Township
Chililabombwe
Kabwe Municipality
Mufulira Township
Nchanga Township
Nkana Township
Luanshya Township

CHAPTER 161

THE PRINTED PUBLICATIONS ACT


ARRANGEMENT OF SECTIONS

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

CHAPTER 161 31 of 1947


13 of 1956
PRINTED PUBLICATIONS 44 of 1969
13 of 1994
An Act to make provision for the registration of Government
newspapers; to provide for the printing and publication Notices
of books and the preservation of printed works 110 of 1964
published in Zambia; and to provide for matters 304 of 1964
incidential to or connected with the foregoing. 497 of 1964
[1st March, 1964]

1. This Act may be cited as the Printed Publications Act. Short title

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

"book" includes every part or division of a book, pamphlet, newspaper,


sheet of letterpress, sheet of music, map, plan, chart or table separately
published;

"Director" means the Director of the National Archives of Zambia Cap. 175
appointed in terms of section five of the National Archives Act;

"editor" includes the person or persons actually and finally responsible


for the collation or inclusion in any newspaper of the contents thereof,
whether such person or persons are expressly employed for such
purposes or not;
"newspaper" means any periodical publication published at intervals of
not more than one month and consisting wholly, or for the greater part,
of political or other news, or of articles relating thereto, or to other
current topics, with or without advertisements, and with or without
illustrations, but does not include any publication which is proved not to
be intended for public sale or public dissemination;
and expressions referring to printing shall be construed as including
references to any other means of representing or reproducing words in
visible form by impressing one material on another.
(As amended by No. 13 of 1956, G.N. No. 110 of 1964
and No. 44 of 1969)

3. (1) Every book printed and published in Zambia shall bear an imprint Imprint on
in legible type 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

(c) the year of publication.

(2) Any person who knowingly and wilfully prints or publishes, or


causes to be printed or published, any book not containing the
particulars required by this section shall be guilty of an offence and
liable to a fine not exceeding seven hundred and fifty penalty units, and,
in default of payment of such fine, to imprisonment not exceeding one
month.

(3) The Minister may, by statutory instrument, make rules excepting


from the provisions of this section such classes of printed matter used
for the purposes of the Government, of courts of justice, of public
authorities and of trade and business as may be specified in such rules.
(As amended by G.N. No.304 of 1964
and Act No. 13 of 1994)
4. (1) The publisher of every book published in Zambia shall, within Delivery of
two months of the publication, deliver at his own expense a copy of the books published
book to the Director at Lusaka, who shall give a written receipt for every in Zambia to the
copy received by him. Director

(2) Every copy delivered under the provisions of this section shall be a
copy of the whole book with all maps and illustrations belonging
thereto, finished and coloured in the same manner as the best copies of
the book are published, and shall be bound, sewn or stitched together,
and on the best paper on which the book is printed.

(3) If any publisher fails to comply with the provisions of this section,
he shall be guilty of an offence and liable to a fine not exceeding six
hundred penalty units. When any person is convicted of such offence,
the court may, in addition to imposing a penalty, order the person so
convicted to comply with the provisions of this section by delivering a
copy of the book to the authority to whom delivery ought to have been
made. The court may, instead of making such order, impose a further
fine not exceeding the amount of the published price of the book.

(4) The provisions of this section shall not apply to any second or
subsequent edition of a book unless such edition contains additions or
alterations either in the letterpress or in the maps, prints or other
illustrative material belonging thereto.

(5) The Minister may, by statutory instrument, make rules excepting


from the provisions of this section publications wholly or mainly in the
nature of trade advertisements or such classes of such other publications
as may be specified in the rules, and thereupon it shall not be necessary
for the publisher of any publication so excepted to deliver a copy of such
publication to the authority mentioned in subsection (1) unless, as
respects any particular publication, a written demand for the delivery
thereof is made by such authority.
(As amended by G.N. Nos.110, 304 of 1964, No.44 of 1969
and Act No. 13 of 1994)

5. (1) No person shall print or publish, or cause to be printed or Registration of


published, any newspaper until there has been registered at the office of newspapers
the Director at Lusaka the full and correct title thereof and the full and
correct names and places of abode of every person who is or is intended
to be the proprietor, editor, printer or publisher of such newspaper, and
the description of the premises where the same is to be published. Every
alteration in such particulars shall forthwith be registered in like
manner.

(2) Any person who contravenes the provisions of this section shall be
guilty of an offence and liable to a fine not exceeding three thousand
penalty units.
(As amended by No.13 of 1956, G.N. No.110 of 1964,
No. 44 of 1969 and Act No. 13 of 1994)

6. (1) It shall be the duty of the Director to keep a register in which shall Certified
be entered the particulars mentioned in the last preceding section. extracts from
register to be
received in
evidence

(2) Any person wishing to obtain an extract from such register, signed
by the Director, showing the particulars therein contained in regard to
any newspaper, shall be entitled to obtain the same on application to the
Director and on payment of a fee of four fee units for every such extract.

(3) The production of any such extract, signed as aforesaid, in any


proceedings, civil or criminal, in any court of justice shall be prima facie
proof of the facts therein stated in regard to the names of the proprietors,
printers and publishers of the newspaper therein named.

(4) (a) At the trial of any person for an offence against subsection (3) of
section four or subsection (2) of section five, any document purporting
to be a certificate under the hand of the Director that such person has
failed to comply with the requirments of the subsection under which
such person is charged may be used in evidence against him.

(b) When any certificate is so used, the court may, if it thinks fit,
summon and examine the Director as to the subject-matter therein.
(As amended by G.N. No.110 of 1964, Act No.44 of 1969
and Act No. 13 of 1994)

SUBSIDIARY LEGISLATION
PRINTED PUBLICATIONS CAP. 161

SECTION 4-THE PRINTED PUBLICATIONS RULES Government


Rules by the Minister Notice
159 of 1948

1. These Rules may be cited as the Printed Publications Rules. Title

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

THE CLUBS' REGISTRATION ACT

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

CHAPTER 162 20 of 1926


36 of 1933
CLUBS' REGISTRATION 23 of 1936
60 of 1953
An Act to provide for the registration and control of 34 of 1958
clubs situated within Zambia; and to provide for 30 of 1961
matters incidental thereto or connected therewith. 7 of 1963
[1st January, 1927] 57 of 1964
27 of 1966
33 of 1966
24 of 1977
12 of 1992
7 of 1993
2 of 1994
13 of 1994
Government
Notices
304 of 1964
497 of 1964
502 of 1964
Statutory
Instrument
91 of 1965

1. This Act may be cited as the Clubs' Registration Act. Short title

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

"club" means any community or society consisting of not less than


twenty-five members who assemble or meet together in pursuit of a
common object;

"club premises" means any building, room or meeting place where


members of a club or their guests assemble;

"intoxicating liquor" means any spirit, wine, ale, beer, porter, cider,
perry, hop-beer or any liquor containing more than two per centum of
alcohol and any other liquor which the Minister may from time to time
declare, by statutory notice, to be an intoxicating liquor within the
meaning and operation of this definition;

"officer of a club" means a person taking part in the direction or


management of a club irrespective of whether he acts in an honorary or
paid capacity;

"secretary" means any officer of a club or other person performing the


duties of a secretary;

"unregistered club" means a club which requires under this Act to be


registered but is not registered or in respect of which the registration has
been cancelled or has not been renewed in accordance with subsection
(2) of section six.
(As amended by No. 7 of 1963 and G.N. No. 304 of 1964)

3. The secretary of every club which occupies a house or part of a 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.

6. (1) Upon consideration of the application the District Secretary if Mode of


satisfied as to the bona fides of the club shall, subject to the provisions of registration
subsection (3), in his discretion grant the same and shall issue a
Certificate of Registration in Form 2 in the Schedule and thereupon the
club shall be deemed to be duly registered.

(2) The secretary of every club shall, in the month of December in the
year in which the club was first registered under this Act and in the
month of December of every year subsequent to that year, make
application to the District Secretary for renewal of the Certificate of
Registration, together with a statement showing the number of members
of the club at the date of the application and any alteration made in the
club rules since the club was first registered or during the preceding
year, as the case may be. Upon consideration of the application the
District Secretary shall, subject to the provisions of subsection (3), in his
discretion grant the application and renew the Certificate of
Registration.
(3) The District Secretary shall not-

(a) register or renew any registration of any club unless he is


satisfied-
(i) that the club is managed by a committee of its members;
(ii) that such committee holds regular meetings of which proper
minutes are kept;
(iii) that the election of such members is either by the committee or
by all members of the club;
(iv) that a register of members and a register of guests and proper
accounts are kept;
(v) that no profit from the supply of liquor by the club accrues to any
individual;

(b) save with the approval in writing of the Minister in any


particular case, register or renew the registration of any club if the
annual subscription payable by each ordinary member thereof is more
than thirty-two fee units.

(4) An appeal against the refusal of the District Secretary to grant any
application under this section shall lie to the High Court which may
reverse such decision where it is satisfied that the District Secretary
ought to have granted the application.
(As amended by No. 7 of 1963 and, Nos. 27 and 33 of 1966, and Act No.
13 of 1994)

7. (1) Subject to the provisions of subsection (2), the fees payable on 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

(b) that it is not conducted in good faith, or that it is kept or


habitually used for any unlawful purpose; or

(c) that there is frequent drunkenness on the club premises; or

(d) that illegal sales of intoxicating liquor have taken place on the
club premises; or

(e) that persons who are not members are habitually admitted to the
club merely for the purpose of obtaining intoxicating liquor; or

(f) that persons are admitted to membership of the club within a


period of less than forty-eight hours from the time of making application
for such membership; or

(g) that guests are habitually admitted to the club without their
names and addresses having been entered in the register of guests; or

(h) that the conditions of admission to membership of the club are


unduly restrictive; or
(i) that persons are denied admission to membership of the club
solely on the ground of their race.

(2) An appeal against any order made under this section shall lie to the
High Court which may reverse such order.
(As amended by No. 34 of 1958, No. 30 of 1961
and No. 27 of 1966)

9. (1) No registered club shall supply any intoxicating liquor for 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.

(4) If any intoxicating liquor is supplied in any registered club in


contravention of the provisions of this section, then any person so
supplying such liquor and every officer of such club shall be guilty of an
offence and shall be liable to a fine not exceeding one thousand five
hundred penalty units:

Provided that in the case of an officer of a registered club, it shall be a


defence for such officer to prove that such supply was made without his
knowledge or consent.
(No. 34 of 1958 as amended by G.N.No. 304 of 1964
and Act No. 13 of 1994)

10. (1) If any intoxicating liquor be supplied or sold to any member or 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.

(2) If any intoxicating liquor is kept for supply or sale on any


unregistered club premises, every officer and member of such club shall
be liable on conviction to a fine not exceeding three hundred penalty
units, unless he prove to the satisfaction of the Court that such liquor
was so kept without his knowledge or against his consent.
(As amended by Act No. 13 of 1994)

11. (1) Every registered club shall keep on the club's premises a register Registers of
of members and a register of guests. members and
guests

(2) A member introducing a guest, or the secretary when guests have


been invited on the invitation of the club, shall cause to be entered in the
register of guests the name and address of any such guest.
(No. 30 of 1961)

12. (1) Any police officer of or above the rank of Assistant 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;

(b) inspect the club premises; and


(c) take the names and addresses of any persons found on the club
premises.

(2) Any person who, having been required under the powers conferred
by subsection (1) to give his name and address, fails to give the same or
gives a false name or address shall be guilty of an offence and liable to a
fine not exceeding three hundred penalty units.

(3) Any person having charge of the register of members or the register
of guests who refuses or fails to produce the same on demand to any
person authorised to call for the same under the provisions of subsection
(1) shall be guilty of an offence and liable to a fine not exceeding seven
hundred and fifty penalty units.
(No. 30 of 1961 as amended by G.N.No. 502 of 1964
and Act No. 13 of 1994)

13. (1) If a magistrate is satisfied by information on oath that there is Search warrant
reasonable ground for supposing that any registered club is so managed
or carried on as to constitute a ground for cancelling its registration, or
that any intoxicating liquor is sold or supplied, or kept for sale or supply,
on the premises of an unregistered club, he may grant a search warrant
to any police officer of or above the rank of Sub Inspector named
therein.

(2) A search warrant granted under this section shall authorise the
police officer named therein to enter the club, if need be by force, and to
inspect the premises of the club, to take the names and addresses of any
persons found therein, and to seize any books and papers relating to the
business of the club.
(As amended by No. 36 of 1933 S.I. No. 91 of 1965
and Act No. 24 of 1977)

14. (1) The Minister may, by statutory instrument, make regulations as Regulations
to all or any of the following matters:

(a) the hours of opening or closing of club premises;

(b) the hours during which intoxicating liquor may or may not be
supplied to members or their guests;
(c) the form and manner in which application for a permit under
section nine or for any renewal thereof shall be made;

(d) the manner and form in which applications for registration or


renewal thereof shall be made and the manner of hearing such
applications;

(e) the surrender of cancelled or determined Certificates of


Registration.
Regulations made under the provisions of paragraph (a) or (b) shall
apply either to all clubs or to such clubs only as may be specified
therein.

(2) The regulations may prescribe penalties, including revocation of


registration, for any contravention thereof or failure to comply
therewith, not exceeding a fine of one thousand five hundred penalty
units or in default of payment imprisonment not exceeding six months
with or without hard labour.
(As amended by No. 34 of 1958, G.N. No. 304 of 1964
and Act No. 13 of 1994)
SCHEDULE

PRESCRIBED FORMS

FORM 1
(Section 5)
THE CLUBS' REGISTRATION ACT

APPLICATION FOR REGISTRATION

I, of .....................................
make oath and says as follows:
1. 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

IT IS HEREBY CERTIFIED that registration of the Club known as

with its premises situate at


has this day been *effected in accordance with the provisions of the
Clubs'
renewed
Registration Act.
Dated this .................................... day of 19 ......

District Secretary,

DISTRICT
*Strike out whichever word is appropriate.
This Certificate lapses if not renewed during the month of December
in every year.
(As amended by No. 33 of 1966)
SUBSIDIARY LEGISLATION

CLUBS' REGISTRATION

SECTIONS 9 AND 14-THE CLUBS (LIQUOR) Government


REGULATIONS Notice
152 of 1959

Regulations by the Minister

1. These Regulations may be cited as the Clubs (Liquor) Regulations. Title

2. An application for a permit under section nine of the Act and for any 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

THE LOTTERIES ACT

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

CHAPTER 163 8 of 1957


LOTTERIES 62 of 1957
An Act to provide for the control and regulation of 32 of 1959
lotteries; to provide for the setting up of a Lotteries 44 of 1960
Control Board and for the powers and duties thereof; 20 of 1961
and to provide for matters connected therewith and 22 of 1963
incidental thereto. Government
[1st November, 1957 Notices
304 of 1964
497 of 1964
Statutory
nstrument
91 of 1965
Act
17 of 1975
27 of 1989
13 of 1994

1. This Act may be cited as the Lotteries Act. Short title

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

"Board" means the Lotteries Control Board established under the


provisions of section four;

"controlling authority" means-

(a) in respect of a lottery in which tickets or chances are to be issued


for sale to a total value in excess of six hundred kwacha, the Board;

(b) in respect of a lottery in which tickets or chances are to be issued


for sale to a total value not exceeding six hundred kwacha, the officer
commanding the Police Division in which the lottery is to be conducted;

"lottery" means any scheme or arrangement whereby prizes in the form Cap. 92
of money or other property or benefit are awarded to holders of tickets
or chances acquired by prior payment and drawn by lot, or whereby the
winners are determined by the incidence of chance from amongst the
holders of such tickets or chances in any other manner except by means
of a gaming machine as defined by the aming Machines (Prohibition)
Act.

"officer commanding the Police Division" includes such other police


officer duly authorised in that behalf by such officer commanding:

Provided that such other officer shall be the police officer in charge of
the particular area in which the lottery is to be conducted.
(As amended by Act No. 17 of 1975)

3. (1) Any lottery promoted or conducted otherwise than in accordance Unauthorised


with the provisions of this Act shall be deemed to be an unauthorised lotteries
lottery.

(2) Any person who opens, keeps or uses any place for carrying on an
unauthorised lottery shall be guilty of an offence and shall be liable to a
fine not exceeding two thousand five hundred penalty units or to
imprisonment for a term not exceeding two years, or to both.

(3) Any person who prints or publishes, or causes to be printed or


published, any advertisement or other notice of or relating to an
unauthorised lottery, whether promoted within Zambia or elsewhere, or
of or relating to the sale of any ticket or chance in any such lottery, shall
be guilty of an offence and shall be liable to a fine not exceeding one
thousand five hundred penalty units.

Provided that the publication of any such advertisement or notice in a


newspaper printed outside Zambia and normally circulating within
Zambia shall not be a contravention of the provisions of this subsection
if the lottery to which such advertisement or notice refers is promoted
and conducted outside Zambia.

(4) When any person is convicted of an offence under the provisions of


this section, the court may, in addition to or in lieu of any penalty which
may be imposed, order the forfeiture of any instrument, apparatus or
device used in connection with the lottery concerning which the
conviction has taken place.
(As amended by S.I. No. 91 of 1965, Act No. 27 of 1989
and No. 13 of 1994)

4. (1) There shall be established a board, to be known as the Lotteries Establishment


Control Board, which shall consist of- of Board

(a) a chairman

(b) the Director of Social Welfare or his representative; and

(c) three members of the public.

(2) The chairman and the members of the Board, other than public
officers, shall be appointed to the Board by the Minister for such period,
not exceeding three years, as the Minister may specify:

Provided that-

(i) if the chairman is appointed by office, the provisions of this


section relating to the period of such appointment shall not apply
thereto;

(ii) a retiring chairman or member shall be eligible for


reappointment.

(3) The Minister may at any time require the chairman or an appointed
member of the Board to resign therefrom.

(4) The chairman and members of the Board, other than public officers,
shall be paid out of moneys appropriated for the purpose by Parliament,
such remuneration and allowances as the Minister may from time to
time determine.

(5) The Minister may appoint a person to be a secretary of the Board.

(6) A quorum of the Board shall be three, at least one of whom shall be
a member of the public.
(As amended by No. 62 of 1957, No. 44 of 1960
and G.N. No. 304 of 1964)

5. (1) A controlling authority may, in its absolute discretion, authorise Authorisation


the promotion and conduct of a lottery, not being a lottery held under the of lotteries
provisions of section twelve or thirteen-

(a) which is intended to raise funds for social service, public


welfare, relief of distress or patriotic purposes or to provide recreational
or sporting facilities; and

(b) at least one-quarter of the gross proceeds of which is to be


devoted to the object for which the lottery is promoted; and

(c) in respect of which an application, which shall state in detail the


purposes for which the lottery is to be promoted, is made by the intended
promoters to the appropriate controlling authority.

(2) The Minister may, in his absolute discretion and subject to such
conditions as he may think fit to impose, authorise the promotion and
conduct of any lottery not otherwise authorised or permitted under the
provisions of this Act.

(3) Where-

(a) in the case of a lottery authorised under the provisions of


subsection (1), less than one-quarter of the gross proceeds of the lottery
is devoted to the object for which such lottery is promoted or any of the
proceeds are devoted to any purpose, other than expenses and prizes,
which is not such an object; or

(b) in the case of a lottery authorised by an officer commanding a


Police Division under the provisions of subsection (1), tickets or
chances in such lottery are issued for sale to a total value in excess of six
hundred kwacha;
each promoter of such lottery shall be guilty of an offence and shall be
liable to a fine not exceeding twenty five penalty units
(As amended by G.N. No. 304 of 1964, Act No.27 of 1989
and 13 of 1994)
6. (1) A controlling authority may- Powers of
controlling
authorities

(a) make such investigation, or require the submission of such


information, as it may deem necessary in order to enable it to examine
any application made to the authority under the provisions of subsection
(1) of section five;

(b) impose, in respect of any authorisation granted under the


provisions of the said subsection, such conditions as it may deem
necessary in order to ensure that the lottery concerned is promoted and
conducted as efficiently as possible in the interests of the purposes for
which it is being promoted and of the public in general;

(c) take such steps as it may deem necessary in order to ensure that
any conditions imposed under paragraph (b) have been or are being
complied with;

(d) require any lottery which it has authorised to render accounts to


the authority in such form and within such period as it may specify;

(e) guide and co-ordinate the proper and equitable distribution of


the charitable funds of any lottery authorised by it;

(f) make recommendations from time to time to the Minister for the
better control of lotteries with particular regard to the protection of the
public from fraud.

(2) If any condition, imposed under the provisions of subsection (2) of


section five, or of paragraph (b) of subsection (1), or of subsection (5) of
section eight, is broken, each of the promoters of the lottery concerned
and, where the person by whom the condition is broken is not one of the
promoters, that person also, shall be guilty of an offence and shall be
liable to a fine not exceeding two hundred and fifty penalty units

Provided that it shall be a defence for a person charged only by reason of


his being a promoter of the lottery to prove that the offence was
committed without his knowledge.
(As amended by No. 20 of 1961, G.N. No. 304 of 1964
and Act No. 13 of 1994)

7. Without prejudice to the generality of paragraph (b) of subsection Imposition of


(1) of section six, a controlling authority may, in respect of any lottery conditions
authorised by it, impose conditions under the said paragraph-
(a) providing for the amount, not exceeding twelve and one-half per
centum of the gross proceeds of the lottery, which the promoters thereof
may deduct from such proceeds in respect of operating expenses;
Provided that, in the case of a series of lotteries proposed to be
promoted by the same persons, the authority may, in its discretion, allow
the deduction of an amount in excess of the aforesaid percentage in
respect of all or any of the lotteries drawn within the period of twelve
months from the date of the draw of the first lottery in such series;
(b) providing for the protection of purchasers of tickets or chances
in the lottery against fraud;
(c) providing for the submission of accounts by the promoters of the
lottery;
(d) restricting the amount of the proceeds of the lottery which may
be used for the purposes of such lottery outside Zambia, which amount
shall not exceed one-fifth of the total amount devoted to the object for
which the lottery is promoted;
(e) relating to the provision by the promoters of the lottery of
guarantors to cover the expected proceeds, or any part thereof, of such
lottery.
(As amended by No. 22 of 1963)

8. (1) Where the promoters of a lottery wish to- Utilisation of


gross proceeds
of a lottery for
certain purposes

(a) build up a reserve fund for prize stabilisation; or

(b) create a reserve to meet extraordinary expenditure not


attributable to any particular draw; or

(c) acquire premises for the purposes of providing office or staff


accommodation; or

(d) incur capital expenditure;


they shall apply to the Board for permission to do so, setting out in such
application details of their proposals.

(2) Where application is made to the Board under the provisions of


subsection (1), the Board may, if it is satisfied that the application is
made in respect of a recurrent lottery and that the lottery concerned
would, if the application were approved, be promoted and conducted
more efficiently in the interests of the purposes for which it is being
promoted and of the public in general, approve the application.

(3) Where the Board approves an application under the provisions of


subsection (2), it may authorise the promoters of the lottery to utilise a
portion of the gross proceeds of one or more future lotteries for such of
the purposes set out in subsection (1) as are referred to in the said
application:

Provided that the Board shall not authorise the promoters to utilise an
amount in excess of one-twentieth of the gross proceeds of any lottery
for such of the said purposes as are referred to in the said application.

(4) Notiwthstanding the provisions of section seven, any amount which


the promoters are authorised to utilise under the provisions of subsection
(3) shall be in addition to any amount deducted from the gross proceeds
in accordance with the provisions of paragraph (a) of section seven.

(5) The Board may attach such conditions as it may deem necessary to
any approval or authority given under the provisions of this section.

(6) In the event of the promoters ceasing to promote further lotteries,


any assets acquired with funds utilised in accordance with the provisions
of this section shall be sold and the proceeds of such sale disposed of in
meeting winding-up expenses and accrued liabilities, not otherwise
provided for, and any residue remaining after any such expenses or
liabilities have been met shall be disposed of in such manner as the
Board may direct.
(No. 20 of 1961)

9. (1) The promoters of any lottery authorised under the provisions of Prescribed fees
section five shall pay into the general revenues of the Republic such fee
or fees in respect of such authorisation as may from time to time be
prescribed.

(2) For the purposes of any condition imposed upon the authorisation of
a lottery in respect of the limitation of operating expenses, any fee paid
under the provisions of this section shall be deemed to be part of such
expenses.
(As amended by S.I. No. 91 of 1965)

10. For the purposes of any civil proceedings brought in respect of any Invalid
ticket or chance in any lottery authorised under the provisions of section conditions by
five, a condition imposed by the promoters of such lottery that tickets or promoters
chances in such lottery shall not be sold, or prizes awarded, to any
specified class or classes of persons shall be deemed to be null and void.

11. Before authorising the promotion of a lottery under the provisions 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

12. (1) A lottery may be promoted and conducted as an incident of an Lotteries


entertainment to which this section applies provided that all the incidental to
conditions specified in subsection (2) are observed in connection with certain
the promotion and conduct of such lottery. entertainments

(2) The conditions referred to in subsection (1) are that-

(a) the whole proceeds of the entertainment (including the proceeds


of the lottery) after deducting-
(i) the expenses of the entertainment excluding the expenses
incurred in connection with the lottery; and
(ii) the expenses incurred in printing tickets in the lottery; and
(iii) such sum (if any) not exceeding twenty kwacha as the promoters
of the lottery think fit to appropriate on account of any expenses
incurred by them in providing or purchasing prizes in the lottery;
shall be devoted to purposes other than private gain;

(b) tickets or chances in the lottery shall not be sold or issued, nor
shall the result of the lottery be declared, except on the premises on
which the entertainment takes place and during the progress of the
entertainment; and

(c) the facilities provided for participating in lotteries shall not be


the only, or the only substantial, inducement to persons to attend the
entertainment.

(3) If any of the conditions specified in subsection (2) is broken or not


complied with, every person concerned in the promotion or conduct of
the lottery shall be guilty of an offence and shall be liable to a fine not
exceeding two hundred and fifty penalty units

Provided that in any proceedings instituted under the provisions of this


subsection it shall be a defence to prove that the offence was committed
without the knowledge of the person against whom such proceedings are
brought.

(4) The entertainments to which this section applies are bazaars, sales of
work, fetes, dances and other entertainments of a similar character,
whether limited to one day or part thereof or extending over two or more
days.
(As amended by Act No. 13 of 1994)

13. (1) In this section- Private lotteries


"private lottery" means a lottery within Zambia which is promoted for,
and in which the sale of tickets or chances by the promoters is confined
to, either-
(a) members of one club established for social or recreational
purposes only; or
(b) persons all of whom work in the same building; or
(c) persons all of whom reside in the same building;
and which is promoted by persons each of whom is a person to whom,
under the foregoing provisions, tickets or chances may be sold by the
promoters and, in the case of a lottery promoted for the members of a
club, is a person authorised in writing by the governing body of the club
to promote the lottery.
(2) A private lottery may be promoted and conducted provided that all
the conditions specified in subsection (3) are observed in connection
with the promotion and conduct of such lottery.

(3) The conditions referred to in subsection (2) are that-

(a) the whole proceeds, after deducting only expenses incurred for
printing and stationery, shall be devoted to the provision of prizes for
purchasers of tickets or chances or, in the case of a lottery promoted for
the members of the club, shall be devoted either to the provision of
prizes as aforesaid or to purposes which are purposes of the club or, as to
part, to the provision of prizes as aforesaid and, as to the remainder, to
such purposes as aforesaid;

(b) there shall not be exhibited, published or distributed any written


notice or advertisement of the lottery other than-
(i) a notice thereof exhibited on the premises of the club for whose
members it is promoted or, as the case may be, in the building in which
the persons for whom it is promoted work or reside; and
(ii) such announcement or advertisement thereof as is contained in
the tickets, if any;

(c) the price of each ticket or chance shall be the same, and the price
of any ticket shall be stated on the ticket;

(d) every ticket shall bear upon the face of it the names and
addresses of the promoters of the lottery and a statement of the persons
to whom the sale of tickets or chances by the promoters is restricted, and
a statement that no prize won in the lottery shall be paid or delivered by
the promoters to any person other than the person to whom the winning
ticket or chance was sold by them, and no prize shall be paid or
delivered except in accordance with that statement;

(e) no ticket or chance shall be issued or allotted by the promoters


except by way of sale and upon receipt of the full price thereof, and no
money or valuable thing so received by a promoter shall in any
circumstances be returned; and

(f) no ticket in the lottery shall be sent through the post.


(4) If any of the conditions specified in subsection (3) is broken, each of
the promoters of the lottery and, where the person by whom the
condition is broken is not one of the promoters, that person also, shall be
guilty of an offence and shall be liable to a fine not exceeding five
hundred penalty units

Provided that it shall be a defence for a person charged only by reason of


his being a promoter of the lottery to prove that the offence was
committed without his knowledge.
(As amended by Act No. 27 of 1989 and No. 13 of 1994)

14. Where a person convicted of an offence under this Act is a body Offences by
corporate, every person who at the date of the commission of the offence bodies
was a director or officer of such body corporate shall also be deemed to corporate
be guilty of that offence unless he proves that the offence was
committed without his knowledge.

15. (1) The Minister may, by statutory instrument, make regulations- Powers of
President and
Minister

(a) prescribing the form in which any application for authorisation


under the provisions of section five shall be made;

(b) prescribing the amount of any fee payable under the provisions
of section nine;

(c) generally for the carrying into effect of this Act.

(2) The President may give general or special directions to officers


commanding Police Divisions in regard to the discharge of their
functions as controlling authorities.
(As amended by G.N. No. 304 of 1964
and S.I. No. 91 of 1965)

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

1. These Regulations may be cited as the Lotteries (Procedure and Title


Fees) Regulations.

2. Every application for authorisation under the provisions of section Form of


five of the Act to promote or conduct a lottery shall be submitted to the application
appropriate controlling authority in Form 1 in the First Schedule.
(As amended by No. 45 of 1960)

3. There shall be attached to every such form of application a specimen Specimen of


copy of the ticket or chance, identical in every particular with the tickets ticket to be
or chances intended to be issued for sale. submitted

4. Any such application shall be submitted to the appropriate Time for


controlling authority at least thirty days before the date set for either the submission of
advertisement of the lottery or the commencement of the issue of tickets, application
whichever may be the earlier.

5. On receipt of any such application, a controlling authority shall Particulars to be


satisfy itself that the particulars required are set out with sufficient set out clearly
clarity and may return the application for amplification or amendment.

6. The promoters of any lottery authorised by a controlling authority Fees


shall pay to the said authority within seven days from the receipt of such
authorisation the fees set out in the Second Schedule.
7. (1) The chairman shall preside at all meetings of the Board at which Meetings of
he is present. In the absence of the chairman, the members shall elect Board
one of their number to preside.

(2) All questions coming or arising before a meeting shall be decided by


a majority of the members present and voting thereon and, in the case of
an equality of votes, the person presiding at the meeting shall have a
second or casting vote.

(3) The Board shall keep minutes of all its meetings.

8. (1) No person shall knowingly make in any application for Offence


authorisation of a lottery under the provisions of section five of the Act a
statement which is false in a material particular.

(2) Any person who contravenes the provisions of this regulation shall
be guilty of an offence and shall be liable to a fine not exceeding eight
penalty units or to imprisonment for a period not exceeding three
months, or to both.

(As amemded by Act No. 13 of 1994)


FIRST SCHEDULE
PRESCRIBED FORM
FORM 1
(Regulation 2)
THE LOTTERIES ACT

APPLICATION FOR AUTHORISATION TO PROMOTE AND


CONDUCT A LOTTERY
1. State the name, address and telephone number of organisation
promoting the lottery (BLOCK CAPITALS)
2. State whether the organisation is incorporated or not
3. If not incorporated, state the names, addresses and occupations of
two guarantors (BLOCK CAPITALS)
What is the extent of their acceptance of liability in respect of the
lottery? (Proof of acceptance of liability should be in writing and
signed by the guarantors).. ..
4. If incorporated, state the name and address of manager responsible
for administration of the lottery (BLOCK
CAPITALS) .. .. ..
Give details of fidelity bonds existing in respect of administration
staff .. ..
5. State whether it is intended to raise funds for social service; public
welfare; relief of distress; patriotic purposes; provision of
recreational or sporting facilities
6. What form will the lottery take (e.g. sweepstake, raffle, game of
chance, etc.)? .. ..
7. If a sweepstake or raffle-
(a) give the price and number of all types of tickets or
chances to be issued for sale .. ..
(b) state method by which tickets or chances are to be sold:
i.e. books of tickets, subscription lists, etc. How will vendors be
selected and what inducements (if any) will they be
offered? .. .. ..
(c) will tickets be sold outside Zambia? If so, by what
means? .. .. ..
8. If a game of chance, give full particulars ..
9. What percentage (25 per cent. or over) of gross proceeds is to be
devoted to beneficiaries? .. ..
10. Give particulars (including addresses) of the proposed beneficiaries
stating the proportion in which each will benefit (if insufficient
space, please attach an additional
sheet) .. .. .. ..
11. What is the estimated percentage of the gross proceeds which will be
deducted for operating expenses?
12. Give details of prizes-
(a) monetary;
(b) other.
If under (b), is it proposed to buy them with proceeds from the sale of
tickets? .. .. ..
13. On what date is it proposed to draw the lottery and by what mehod
will the draw be conducted? ..
14. What method is proposed for the distribution of prizes?
15. In the event of the lottery's gross proceeds exceeding the amount
necessary to pay the beneficiaries, the expenses and the prizes, how
will the excess be disposed of? Please give
particulars .. .. ..
Date

Signature of applicant

NOTES:
(a) This application must be submitted to the controlling authority
in the following manner:
(i) (in triplicate) in the case of a lottery in which the tickets or
chances to be issued for sale are of a total value of K600 or less, to the
Officer Commanding the Police Division of the area in which the lottery
is to be conducted; or
(ii) (in quintuplicate) in the case of a lottery in which tickets or
chances to be issued for sale are of a total value of more than K600, to
the Lotteries Control Board, P.O. Box 575, Lusaka.
(b) A specimen of each type of ticket or chance to be issued for sale
must be attached to each form, together with a list of rules, if any, under
which the tickets are to be sold.
(c) The law requires that an application should be submitted to the
controlling authority at least thirty days before the date set for either the
advertisement of the lottery or the commencement of the issue of tickets,
whichever may be the earlier.
(d) In the case of a lottery authorised by the Zambia Police, the
words "Authorised by the Zambia Police" should appear on the ticket,
and in the case of those authorised by the Lotteries Control Board, the
words "Authorised by the Lotteries Control Board of Zambia" should
appear on the ticket.
(e) At least a quarter of the gross proceeds must be devoted to the
object for which the lottery is promoted and not more than one-fifth of
such quarter may be used outside Zambia.
(f) Not more than 121/2 per cent. of the gross proceeds is allowed for operating expenses,
except in the case of a series of lotteries, when additional expenses may be permitted in respect of the first
three draws at the discretion of the controlling authority.
(No. 45 of 1960 as amended by No. 91 of 1965)
SECOND SCHEDULE
(Regulation 6)

SCALE OF FEES

Where the total value of the tickets or chances to be issued for sale:

Fee units
Does not exceed K2,000 .. .. .. .. .. .
Exceeds K2000 and does not exceed K8,000 .. .. .. .
Exceeds K8,000 and does not exceed K20,000 .. .. .. .
Exceeds K20,000 and does not exceed K35,000 .. .. .. .
Exceeds K35,000 and does not exceed K60,000 .. .. .. .
Exceeds K60,000 and does not exceed K80,000 .. .. .. .
Exceeds K80,000 and does not exceed K100,000 .. .. .. .
Exceed K100,000 . . .. .. .. .. .. .. 5
(As amended by S.I. No. 158 of 1990, 8 of 1992 and No. 6 of 1993 and
Act No. 13 of 1994)
CHAPTER 164

THE ZAMBIA INSTITUTE OF MASS


COMMUNICATIONS (REPEAL) ACT

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

ZAMBIA INSTITUTE OF MASS COMMUNICATIONS (REPEAL) Act


19 of 1996

An Act to provide for the repeal of the Zambia Institute of Mass


Communications Act, 1991; and to provide for matters connected with
or incidental to the foregoing.
[28th June, 1996]

1. This Act may be cited as the Zambia Institute of Mass Short title
Communications (Repeal) Act.

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

"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

"Trust" means the Zambia Institute of Mass Communication Cap. 186


Educational Trust established under the Land (Perpetual Succession)
Act.

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.

(3) The property, rights, liabilities or obligations specified in the


statutory instrument made under subsection (2) shall, on the coming into
force of the statutory instrument, vest in, or, as the case may be, subsist
against the trust.

(4) The provisions of section five shall apply, with the necessary
modifications, to the Trust on the coming into force of the statutory
instrument.

5. (1) Whenever in pursuance of this Act, any property, rights, Registration of


liabilities or obligations, of the Institute are transferred to the Trust in property to be
respect of which transfer a written law provides for registration, the transferred
Institute shall make an application in writing to the proper officer or the
appropriate registration authority for the registration of the transfer.

(2) The officer referred to in subsection (1), shall make such entries in
the appropriate register as shall give effect to the transfer and, where
appropriate, issue the transferee concerned with a certificate of title in
respect of the property, or make necessary amendments to the register,
as the case may be, and shall make endorsement on the deeds relating to
the title, right or obligation concerned.

(3) No registration fees or duty shall be payable in respect of any


transfer effected.

6. (1) Without prejudice to the other provision of this Act, where any Legal
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.

(2) Any legal proceedings or applications to any authority pending


immediately before the commencement of this Act by or against the
Institute in relation to the assets transferred to the Trust may be
continued by or against the Trust.

(3) After the commencement of this Act proceedings in respect of any


right or obligation which was vested in, held, enjoyed, incurred or
suffered by the Institute may be instituted by, or against the Trust.

7. (1) The Minister may, by statutory instrument, approve Employees


arrangements under which all or some of the employees of the Institute
shall be transferred to the Trust.

(2) Where a person is transferred in accordance with the arrangements


made under subsection (1), his terms and conditions with the Trust shall
be no less favourable than those enjoyed while in the employment of the
Institute, and for the purposes of determining his rights to or obligations
for any pension, gratuity, leave or other benefits, his previous service
with the Institute shall be treated as service with the Trust.

8. The Zambia Institute of Mass Communications Act, 1991, is hereby Repeal of Act
repealed. No. 9 of 1991

SUBSIDIARY LEGISLATION

THE ZAMBIA INSTITUTE OF MASS COMMUNICATIONS CAP. 164


(REPEAL) ACT

SECTIONS 4 AND 7-THE ZAMBIA INSTITUTE OF Statutory


MASS COMMUNICATIONS (VESTING OF ASSETS Instrument
182 of 1996
AND TRANSFER OF STAFF) ORDER
Order by the Minister

1. This Order may be cited as the Zambia Institute of Mass Title


Communications (Vesting of Assets and Transfer of Staff) Order.

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.

(2) The property referred to in sub-paragraph (1) shall, on the coming


into force of this instrument, vest in the Trust.

3. The staff whose names appear in the Second Schedule shall, on the Transfer of staff
coming into force of this instrument, be transferred from the Institute to from Institute to
the Trust. Trust
FIRST SCHEDULE

(Paragraph 2)
ASSETS OF THE ZAMBIA INSTITUTE OF MASS
COMMUNICATIONS TRANSFERRED
TO THE TRUST

SECTION "A" ADMINISTRATION

Currency
Value
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

DEPUTY DIRECTOR'S OFFICE


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

FORMER PRINT UNIT


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

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

Employee's Name Nat. Reg. No. Eng. Date


1. Daka Michael 287386/11/1 01/03/92
2. Bwalya Emmanuel 281878/11/1 01/04/92
3. Mwansa Bridget 215727/10/1 01/02/93
4. Daka Felistas 381535/11/1 01/04/92
5. Ngulube Vincent 138376/61/1 01/06/92
6. Habeenzu Loyce 472534/11/1 01/04/92
7. Phiri Anna 207064/52/1 01/04/92
8. Kunda Kennedy 497142/11/1 01/04/92
9. Kapungwe Fainot 134139/11/1 01/04/92
10. Valizani Banda 202400/52/1 01/04/92
11. Kanchele Daviat 202860/17/1 05/01/93
12. Mukanga Kenneth 159173/16/1 01/04/93
13. Bukonke Bostone 141378/15/1 01/08/93
14. Kaonga Hudson Bise 116241/13/1 01/04/92
15. Kaumba Jones 187195/67/1 14/09/92
16. Chivube Ned 106101/15/1 01/04/92
17. Mwalongo Sharon 157400/11/1 01/09/92
18. Lungu Penias 310168/11/1 01/04/92
19. Kasongo Moses 125506/24/1 01/04/92
20. Sampa Mwaba 145657/11/1 01/03/94
21. Ngenda Bronah Inaka 192054/83/1 10/03/94
22. Banda Alfred 118301/63/1 06/06/94
23. Sichalwe Musyani 595269/11/1 01/01/95
24. Mwanza Clayson 148256/53/1 01/04/95
25. Makungo Grace Z. 139724/68/1 08/05/95
26. Milanzi Alec E.P. 239378/52/1 01/01/96
27. Nkhoma John 323516/52/1 15/01/96
28. Sakala Patson 259586/11/1 29/01/96
29. Munzele Michelo 453266/11/1 18/03/96
30. Chiloti Charles 376194/11/1 06/05/96
31. Djokotoe K. Edem 971927/11/2 01/06/96
____________
CHAPTER 165

THE POOLS ACT

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

CHAPTER 165 33 of 1959


POOLS 13 of 1994
An Act to provide for the regulation of pools Government
competitions; and to provide for matters incidential Notices
thereto or connected therewith. 304 of 1964
[1st March, 1960] 497 of 1964
Statutory
Instrument
91 of 1965

1. This Act may be cited as the Pools Act. Short title

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

"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.

(3) Any person who prints or publishes, or causes to be printed or


published, any advertisement or other notice of or relating to an
unauthorised pool, or of or relating to the issue of any coupon connected
with any such pool, shall be guilty of an offence and shall be liable to a
fine not exceeding one thousand five hundred penalty units:

Provided that the publication of any such advertisement or notice in a


newspaper printed outside the Republic and normally circulating within
the Republic shall not be a contravention of the provisions of this
subsection if the pool to which such advertisement or notice refers is
promoted outside the Republic.
(4) Any person who prints or who sends or gives to any person any
coupon relating to an unauthorised pool shall be guilty of an offence and
shall be liable to a fine not exceeding one thousand five hundred penalty
units.
(As amended by Act No. 13 of 1994)

5. (1) No person shall carry on any business involving the receiving or 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

THE BETTING CONTROL ACT

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

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

"authorised race meeting" means a race meeting authorised in terms of


section eighteen;

"the Board" means the Betting Control and Licensing Board established
under this Act;
"bookmaker" means any person who by way of business bets with
members of the public and includes any person operating a football
pool;

"bookmaker's licence" means a licence issued to a bookmaker under the


provisions of this Act;

"licensed betting premises" means any premises duly licensed in terms


of this Act as premises wherein bets may be made and settled;

"Officer Commanding the Zambia Police Force" means the person


holding the office of the Inspector-General of Police in Zambia or any
other person for the time being holding office as the head of the Zambia
Police Force;

"race-course" means any place used for the purpose of holding a race
meeting;

"race meeting" means any gathering of the public or of the members of


any association of persons to watch horse races or any other class of
sporting event which may be declared by the Minister, by statutory
notice, to be a class of sporting event at which the Inspector General of
Police shall be entitled to authorise the attendance of bookmakers in
accordance with the provisions of section eighteen.
(As amended by G.N. No. 304 of 1964, Act 13 of 1974
and Act 8 of 1988)

3. (1) There shall be established a board to be known as the Betting Establishment


Control and Licensing Board which shall consist of- of Board

(a) a chairman, to be a person nominated by the Minister;

(b) the Inspector General or his authorised representative, being a


police officer not below the rank of Superintendent;

(c) such other persons, to a maximum of five, as the Minister


appoints by Gazette notice.

(2) The chairman and members of the Board, other than public officers,
may at any time be required by the Minister to resign from the Board.
(3) The chairman and members of the Board, other than public officers,
shall be paid out of moneys appropriated for the purpose by Parliament
such remuneration and allowances as the Minister may from time to
time determine.

(4) The Minister may appoint a person to be secretary to the Board.

(5) A quorum of the Board shall be four.


(As amended by No. 5 of 1963)

4. (1) The Board may and is hereby authorised to issue licences in 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.

(3) The procedure of the Board in considering applications for licences


and for exercising any other powers under this Act shall be determined
by regulations made by the Minister under the provisions of this Act.
(As amended by G.N. No. 304 of 1964)

5. (1) No person shall carry on the business of a bookmaker otherwise Prohibition


than in accordance with the provisions of a licence issued to him under against
this Act authorising him to carry on the said business at the premises unlicensed
named therein or at any race meeting authorised in terms of section bookmaking
eighteen:

Provided that nothing in this section shall apply to an employee of any


licensed bookmaker acting in the course of such employment at the
licensed premises of such bookmaker or at an authorised race meeting.

(2) In the case of a partnership of bookmakers, each partner shall


require to be licensed.
(3) Any person who carries on business as a bookmaker otherwise than
in terms of a licence issued under this Act shall be guilty of an offence
and shall be liable on a first conviction to a fine not exceeding one
hundred penalty units and on any second or subsequent conviction to a
fine not exceeding five thousand penalty units
(As amended by Act 30 of 1989 and 13 of 1994)

6. (1) Any person who desires to obtain a licence under this Act shall Application for
make application in writing to the Board in the prescribed form and licences
manner.

(2) Such application shall be accompanied by such information


concerning the applicant and the premises, if any, upon which he intends
to carry on his business as a bookmaker as may be prescribed.

7. (1) On receipt of an application in terms of section six, the Board Examination


may make such investigations or require the submission of such further and
information as it may deem necessary in order to enable it to examine determination
such application. of licence
applications by
Board

(2) After making such investigations and considering such information


as may have been required in terms of subsection (1), the Board shall,
after considring the application at a meeting held in accordance with
regulations made under this Act, in its absolute discretion either grant a
licence to the applicant or refuse such licence without reason given:

Provided that no licence shall be issued under this Act unless and until
the Board has satisfied itself that the applicant is a fit and proper person
to hold such a licence and that the premises in respect of which the
application is made are suitable for the purpose.

(3) In considering the suitability of premises in accordance with the


proviso to subsection (2), the Board shall take into account the
desirability of keeping such premises at a proper and sufficient distance
from premises licensed for the sale and consumption of liquor.
8. (1) In every case where a licence is issued under this Act, the Board Imposition of
shall impose as a condition thereto the requirement that the applicant conditions by
shall furnish the Board with security by means of a fidelity bond or such Board
other security as the Board may approve to a sum of not less than four
thousand kwacha.

(2) In determining the amount of such security, the Board shall take into
account the known business of the applicant and the amount, if any, by
which such business may reasonably be expected to increase in the
ensuing year.

(3) The Board may at any time vary the amount of any security given in
terms of this section if it is satisfied that, having regard to the known
scale of business of the bookmaker concerned, such variation is
reasonable.

(4) In the event of any bookmaker making default in the fulfilment of


any financial liability arising from bookmaking transactions, the Board
shall have the power to realise any security or part of such security given
by the bookmaker under this section and to apply any sum of money so
realised to the satisfaction of such liability.

(5) In granting or renewing a licence under this Act, the Board may
attach such other conditions thereto as it thinks fit.

(6) Without prejudice to the generality of subsection (5), such


conditions may relate to the manner in which the bookmaker may
conduct his business and to the suitability, condition and conduct of the
premises to which the licence applies and the hours during which such
premises may be open for business.

9. (1) In any case in which the Board is credibly informed that a 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;

(b) inviting before such date (hereinafter in this section referred to


as the specified date) as may be specified in the notice the submission of
claims for the payment of such debts.

(3) Subject to the provisions of subsection (4), the Board shall pay any
debts in respect of which it has received notice in terms of this section
and which it is satisfied are due to the claimant.

(4) In any case in which the amount furnished as security under the
provisions of section eight is inadequate to pay the betting debts referred
to in subsection (3), the Board shall make pro rata payments of such
debts.

(5) Nothing in this section shall preclude any person from recovering, in
terms of section twenty, a betting debt or part thereof which is not
satisfied under the provisions of this section.
(No. 5 of 1963)

10. Every licence issued under this Act shall state the precise location Requirements
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

(2) Any bookmaker whose licence expires or is due to expire in terms of


subsection (1) who desires to renew such licence shall make application
to the Board at such time and in such form and manner as may be
prescribed.

(3) In considering any application for a renewal of a licence, the Board


may exercise all or any of the powers conferred upon it by sections
seven and eight and, after complying with any procedure laid down in
respect of renewal of licences by regulations made under this Act, may
in its absolute discretion either renew such licence or refuse such
renewal without reason given.
(As amended by No. 5 of 1963)

13. (1) Any licensed bookmaker who wishes at any time to transfer the Transfer of
conduct of his business to premises other than those authorised in terms licensed
of his licence may apply to the Board for authority so to do. premises

(2) Upon receipt of an application in accordance with subsection (1),


the Board may exercise any of the powers conferred upon it by sections
seven and eight and may thereupon vary the said licence so as to
authorise the conduct of the bookmaker's business at the premises the
subject of the application in substitution for the premises previously
licensed.

14. Every bookmaker licensed under this Act shall be required to pay Licence fees
at the time of the issue of his licence a fee of one thousand fee units in
the case of a first issue of a licence and five hundred fee units in the case
of each renewal thereof.
(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

(2) Such application shall be in writing in the prescribed form.

(3) Upon receipt of an application in terms of subsection (1), the


Inspector General of Police may, after making such inquiries as he
thinks fit, in his discretion issue a permit authorising bookmaking to
take place at the race meeting held on the race-course and on the day or
days specified in the said permit.

(4) Any person who permits a bookmaker to carry on business at any


race meeting otherwise than in accordance with this section shall be
guilty of an offence and shall be liable to a fine not exceeding one
thousand penalty units.
(As amended by Act No. 30 of 1989 and 13 of 1994)

19. (1) No licensed betting premises shall be open for the transaction of 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

(2) No bookmaker and no servant or agent of any bookmaker shall


allow any person under the age of eighteen to come upon licensed
betting premises, whether for the purpose of betting or otherwise.

(3) Any person who contravenes the provisions of this section shall be
guilty of an offence and shall be liable to a fine not exceeding five
hundred penalty units.
(As amended by Act No. 30 of 1989 and 13 of 1994)

23. The Board may at any time and shall, not less frequently than once Submission of
in every twelve months, require a licensed bookmaker to submit to the bookmakers'
Board a properly audited statement of the bookmaker's accounts. accounts

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

SECTION 28-THE BETTING CONTROL Government


REGULATIONS Notices
20 of 1958
Regulations by the Minister
497 of 1964
Statutory
Instrument
149 of 1989
105 of 1974

1. These Regulations may be cited as the Betting Control Regulations. Title

2. In these Regulations, unless the context otherwise requires- Interpretation

"licence" means a licence issued to a bookmaker under the Act.

3. Every application for a licence shall be submitted to the Board in Form of


duplicate in Form 1 set out in the Schedule. application

4. Every such application shall be submitted to the Board at least forty Time for
days before the date upon which it is desired to commence a submission of
bookmaking business. application

5. On receipt of any such application, the Board shall satisfy itself that Further
the particulars required are set out with sufficient clarity and may return particulars
the application for amplification or amendment.

6. On receipt of any such application, the Board shall forthwith, at the Advertisement
expense of the applicant, advertise the same in the Gazette and one local of application
newspaper.

7. Any person who wishes to object to the issue of a licence shall make Objections
such objections in writing to reach the Board within twenty-one days of
the publication of the advertisement in accordance with regulation 6 and
shall set out the grounds therefor.

8. On receipt of any objection made in accordance with regulation 7, Applicant to be


the Board shall forthwith send a copy of such objection to the applicant. informed of
objection

9. At least ten days before considering any application for a licence, 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

10. At any meeting at which an application is to be considered, the Objectors may


applicant and any person objecting in accordance with these be present or
Regulations may appear either personally or by counsel at the hearing represented at
and lead evidence in support of his application or objection, as the case the hearing
may be.

11. At any meeting at which an application is to be considered, the Power to take


Board shall have power to take evidence on oath and the chairman is evidence on
hereby authorised to administer oaths for the purpose of this regulation. oath

12. The chairman shall preside at all meetings at which he is present. In Chairman to
the absence of the chairman, the members shall elect one of their preside
number to preside.

13. At any meeting the Board may decide either that the proceedings or Meetings to be
any part of them shall be held in public or in private at its discretion. held in public or
in private
14. Every meeting of the Board shall be held in accordance with the Procedure
procedure set out in these Regulations and in default of any prescribed
provision the procedure

to be followed shall be laid down by the chairman.

15. Every application for a renewal of a licence shall be submitted to Renewal of a


the Board in duplicate in Form 2 set out in the Schedule. licence

16. The procedure to be followed by a licensed bookmaker for any Procedure on


renewal or variation of his licence shall, mutatis mutandis, follow that renewal or
set out for an original application as provided by regulations 5, 6, 7, 8, 9, variation of a
10 and 11. licence

17. Every licence issued under these Regulations shall be in Form 3 set Form of licence
out in the Schedule.

18. The promoters of any race meeting who desire to obtain permission 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

Police in Form 4 set out in the Schedule.

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)

THE BETTING CONTROL ACT

APPLICATION FOR A BOOKMAKER'S LICENCE

To: THE BETTING CONTROL AND LICENSING BOARD,


P.O. Box RW62,
LUSAKA.
In accordance with the provisions of the Betting Control Act I hereby
apply for a bookmaker's licence.
1. Full name of applicant
Full postal address

Telephone number
2. Place of birth
Date of birth
Passport number ......................... Office of issue
Period of residence in Zambia
Date of original entry into Zambia
Periods of residence in other countries

3. Have you previously carried on the business of a bookmaker? If


so, give full particulars

4. Other previous trade/s or profession/s

5. Is the business to be carried on in partnership with another person


or persons? If so, give full particulars

6. Give the following details of the premises on which it is propose


(a) Address
(b) (i) Number of rooms occupied
(ii) Floor on which proposed premises are located

(c) Distance between the proposed premises and the nearest


premises for the sale and consumption of intoxicating liquor
(d) By what tenure do you occupy the proposed premises?
(e) Have the proposed premises been previously licensed for
bookmaking in terms of the Betting Control Act?
7. Do you intend to carry on the business of a bookmaker at race
meetings?

8. (a) Have you ever been convicted of any criminal offence


involving fraud or dishonesty? If so, give particulars

(b) Have you ever been declared bankrupt or entered into an


agreement with creditors? If so, give particulars

9. Are you prepared to furnish the Board with security to a


sum of K4,000 or such greater sum as the Board may decide?
Date ................................................. Signature of applicant
FORM 2
(Regulation 15)

THE BETTING CONTROL ACT

APPLICATION FOR RENEWAL OF A BOOKMAKER'S LICENCE

To: THE BETTING CONTROL AND LICENSING BOARD,


P.O. BOX RW62,
LUSAKA.
In accordance with the provisions of the Betting Control Act I hereby
apply for renewal of a bookmaker's licence.
1. Full name of applicant
Full postal address

Telephone number
2. I certify that the particulars submitted by me in Form 1
(Application for a Bookmaker's Licence) on (insert date)
are still correct with the exception of the changes set out below

3. The gross turnover of the bookmaking business for


which I require the renewal of licence during the twelve months ending
amounted
to .........................
Date ................................................. Signature of applicant
\
ORIGINAL FORM 3
(Regulation 17)
THE BETTING CONTROL ACT
No..........

LICENCE TO CARRY ON THE BUSINESS OF A BOOKMAKER


(Section 5)

(state full name)

(state address)
is hereby authorised to carry on the business of a bookmaker at
or at any race meeting authorised in terms of section 18 of the Betting
Control Act.
This licence is issued in terms of the Betting Control Act upon the
conditions set forth overleaf and shall terminate on the 30th June,
19 ........
Chairman,
The Betting Control and Licensing Board
Date of issue .....................
Fee paid ............................

CONDITIONS
FORM 4
(Regulation 18)
THE BETTING CONTROL ACT

APPLICATION FOR A PERMIT TO ALLOW BOOKMAKERS TO


CARRY
ON BUSINESS AT A RACE MEETING

To: THE INSPECTOR-GENERAL OF POLICE,


P.O. BOX RW .103,
LUSAKA.
In accordance with the provisions of the Betting Control Act

(full names and addresses)

being promoters of a race meeting to be held at


on and desirous that bookmakers be permitted to
carry on business at this race meeting hereby apply for a permit for such
purpose.
(Signed)

Designation
For and on behalf of.
CHAPTER 167

THE LIQUOR LICENSING ACT

ARRANGEMENTS OF SECTIONS

PART I
PRELIMINARY

Section
1. 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

17. Grant and renewal of licences


17A. Prohibition of grant of licences
18. Establishment of Boards and procedure at meetings
19. Restrictions upon grant of licences
Section
20. Application for grant or renewal of licence
21. Notice of intention to object
22. Grounds for refusal of licences
22A. Power of President to revoke licences
23. Provisional grant of licence
24. Application to lapse in certain circumstances
25. Renewal of licences
26. Notification of grounds of refusal, etc.
27. Extension of permitted hours

PART IV
TRANSFER AND REMOVAL OF LICENCES

28. Transfer of licences


29. Power to carry on business after death, etc., of licensee
30. Protection order
31. Removal of licence

PART V
LICENCE REGISTERS

32. Register of licences


33. Registration of owner
34. Register to be evidence
35. Regard to be had to register
36. Inspection of register
PART VI
APPEALS

37. Establishment of Tribunal


38. Appeal to Tribunal
39. Appeal to High Court

PART VII
GENERAL PROVISIONS REGULATING SALE OF
INTOXICATING LIQUOR

40. Selling liquor without licence


Section
41. Prohibition of sale, etc., of liquor except during permitted
hours
42. Liquor of kind not authorised by licence not to be kept on
premises
43. Delivery of liquor
44. Breach of terms of off-licence
45. Persons under eighteen years not to be employed in bars
46. Restriction on sale, etc., of liquor to children
47. Restriction on sale of liquor to young persons for consumption
on premises
48. Restriction on credit sales
49. Communication between licensed premises and places of
public resort
50. Consent of Board for certain alterations
51. Particulars to be affixed to premises, etc.
52. Licensee not to permit drunkenness, etc.
53. Procuring drink for drunken persons
54. Power to exclude drunkards, etc., from licensed premises
55. Permitting licensed premises to be a brothel
56. Permitting licensed premises to be resort of prostitutes
57. Gaming on licensed premises
58. Offences in relation to police officers
PART VIII
SPECIAL PROVISIONS REGARDING PASSENGER
VESSEL LICENCES ON LAKE KARIBA

59. Interpretation for purposes of Part VIII


60. Application of Part VIII
61. Licensing authority for Lake Kariba
62. Restrictions upon the grant, renewal or transfer of passenger
vessel licences
63. Grounds for refusal of licences
64. Conditions
65. Permitted hours and places under a passenger vessel licence
66. Breach of conditions of passenger vessel licence
67. Right to go aboard and inspect vessels
68. Application and modification of sections 20, 28, 30, 41, 45, 47,
Part VII, sections 69, 76, 80 and 81

PART IX
SUPPLEMENTAL

Section
69. 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

CHAPTER 167 1 of 1959


LIQUOR LICENSING 19 of 1959
An Act to make provision for the regulation of the sale 35 of 1960
and supply of intoxicating liquors; and to provide for 45 of 1961
matters incidental thereto and connected therewith. 26 of 1963
[16th January, 1959] 57 of 1964
69 of 1965
17 of 1967
6 of 1968
53 of 1968
25 of 1969
47 of 1970
62 of 1970
40 of 1971
20 of 1972
Government
Notices
304 of 1964
497 of 1964
502 of 1964
Statutory
Instrument
91 of 1965
Act No.
53 of 1968
20 of 1970
34 of 1970
47 of 1970
4 of 1971
20 of 1972
7 of 1973
12 of 1975
8 of 1976
11 of 1976
2 of 1977
24 of 1977
6 of 1983
5 of 1988
34 of 1990
6 of 1992
8 of 1993
7 of 1994
13 of 1994

PART I PRELIMINARYPART I

PRELIMINARY

1. This Act may be cited as the Liquor Licensing Act. Short title

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

"appropriate fee", in relation to any matter, means the fee specified in


respect of such matter in the Schedule;

"authorised officer" means an Administrative Officer or a police officer


not below the rank of Sub Inspector;

"bar", in relation to any licensed premises, means any open drinking bar
or any part of such premises exclusively or mainly used for the sale and
consumption of intoxicating liquor;

"Board" means a Provincial Licensing Board established under the


provisions of section eighteen;

"denatured spirits" means an intoxicating liquor which by the addition


of some substance has been rendered unfit for use as a beverage;

"hotel" includes a boarding-house and any building or premises used for Cap. 153
the accommodation of the public in which lodgings are provided and
provisions are supplied by the keeper or manager thereof, but does not
include any Government rest house nor any school nor any premises
exempted from the provisions of the Hotels Act;

"intoxicating liquor" includes any spirits, wine, ale, beer, porter, cider, 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;

"licence" means a licence, other than a provisional licence, granted


under the provisions of this Act;
"licensed premises" means any premises, including a railway restaurant
car, and a passenger vessel in respect of which a licence is in force;

"licensee" means the holder of a licence;

"licensing authority" means a Board or a licensing officer;

"licensing officer", in relation to any District, means the senior


Administrative Officer for the time being present at the administrative
headquarters of such District;

"local authority" means-

(a) in the area of a municipal council, township council, mine


township board or rural council, such council or board;

(b) in any other area, the District Secretary for the District in which
such area is situate;

"meal" means substantial refreshment to which the sale of intoxicating


liquor is ancillary;

"officer in charge of police" has the meaning assigned to it by section Cap. 107
two of the Zambia Police Act;

"off-licence" means a wholesale liquor licence or a retail liquor licence;

"on-licence" means a bar licence, an hotel liquor licence, a private hotel


liquor licence, a restaurant licence, an airport licence or a theatre
licence;

"permitted hours" means those hours of the day during which


intoxicating liquor may lawfully be supplied in licensed premises;

"prescribed" means prescribed by regulations made under the provisions


of this Act;

"proof spirits" means spirits which, at a temperature of fifty-one degrees


Fahrenheit, weigh twelve-thirteenth parts of an equal measure of
distilled water, and intoxicating liquor referred to in this Act as
containing more than three per centum of proof spirits includes
intoxicating liquor containing over 1.713 per centum of alcohol by
volume or 1.363 per centum of alcohol by weight;

"protection order" means an authority to sell intoxicating liquor granted


under the provisions of section thirty;

"provisional licence" means a licence of which a provisional grant has


been made under the provisions of section twenty-three and of which
such provisional grant has not been declared final under the said section;

"register" means a register of licences kept under the provisions of


section thirty-two;

"restricted licence" means a licence which does not permit the sale of
spirits;

"sealed", in relation to a container or vessel, means hermetically sealed


or closed with a plug, stopper or cap and so secured that the container or
vessel cannot be opened without the destruction of such plug, stopper or
cap or of some other substance;

"spirits" includes distilled liquors of any description, and all mixtures,


compounds and preparations made with such liquors, and any fermented
liquor containing more than fifty per centum of proof spirits;

"Tribunal" means the Appeal Tribunal established under the provisions


of section thirty-seven.
(As amended by No. 45 of 1961, No. 26 of 1963, G.N. Nos. 304 and 502
of 1964, S.I. No. 91 of 1965, No. 69 of 1965, No. 25 of 1969, and No. 24
of 1977)

3. (1) Nothing in this Act shall apply to- Non-application

(a) any qualified medical practitioner or registered pharmacist


administering or selling for purely medical purposes any bona fide
medicine containing intoxicating liquor;

(b) any person selling any spirituous or distilled perfume or


perfumery, or medicated or methylated or otherwise denatured spirits or
any medicated wine;

(c) the sale of intoxicating liquor on any aircraft in flight over the
Republic in the course of a normal passenger service.

(2) The provisions of this Act shall not apply to-

(a) the sale of intoxicating liquor by any person acting under the
order of a court or selling any such liquor forfeited to the Government;

(b) the sale of intoxicating liquor by an executor or administrator or


trustee in bankruptcy when such liquor forms part of the estate of a
deceased or bankrupt person who was not a licensee;

(c) the sale by private arrangement of intoxicating liquor being the


residue of a reasonable stock held for private consumption by a person
about to leave the Republic;

(d) the sale of intoxicating liquor to members of the Defence Force


by any bona fide organisation engaged in supplying food or drink solely
to such members and approved as such by the Minister;

(e) the sale of intoxicating liquor, in any canteen approved for such
purpose by the Minister, to members of the Zambia Police Force,
Defence Force or Zambia Prison Service.
(As amended by S.I. No. 91 of 1965 and 11 of 1976)

PART II

TYPES OF LICENCES

4. (1) The following licences may be granted under the provisions of Types of
this Act: licences

(a) a wholesale liquor licence;

(b) a retail liquor licence;

(c) a bar licence;


(d) an hotel liquor licence;

(e) a private hotel liquor licence;

(f) a restaurant licence;

(g) a railway restaurant car licence;

(h) a passenger vessel licence;

(i) an airport licence;

(j) a theatre licence;

(k) a temporary licence;

(l) a club licence.

(2) Subject to the provisions of this Act, a licence, other than a


temporary licence, shall continue in force until the 31st December next
following the date of issue thereof.
(As amended by No. 45 of 1961 and Act No. 12 of 1975)

5. (1) A wholesale liquor licence shall authorise the sale, on the 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.

(2) Subject to the provisions of any other written law, intoxicating


liquor may only be sold under a wholesale liquor licence between the
hours of seven o'clock in the morning and six o'clock in the evening.
(As amended by No. 26 of 1963)

6. (1) A retail liquor licence shall authorise the sale, on the licensed 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.

(2) Subject to the provisions of any other written law, intoxicating


liquor may only be sold under a retail liquor licence between the hours
of seven o'clock in the morning and six o'clock in the evening.

7. (1) A bar licence shall authorise the sale on the licensed premises of Bar licence
intoxicating liquor, in any quantity, to be consumed in or upon such
premises.

(2) Intoxicating liquor may only be sold under a bar licence between the
hours of ten o'clock in the morning and half-past ten o'clock in the
evening.

8. (1) An hotel liquor licence shall authorise the sale, on the premises of Hotel liquor
an hotel for consumption in or upon such premises, of intoxicating licence
liquor in any quantity-

(a) to persons lodging at the hotel, at any hour of the day or night;

(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.

13. An airport licence shall authorise- Airport licence


(a) the sale, on premises forming part of an airport or aerodrome for
consumption on such premises, of intoxicating liquor in any quantity-

(i) to any person arriving at or departing from such airport or


aerodrome by air or lawfully using the same for purposes connected
with air travel, at any hour of the day or night; and

(ii) to any other person, between the hours of six o'clock in the 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:

Provided that the Minister may, by statutory instrument, prescribe the


hours during which intoxicating liquor may be sold on any day of the
week.
(As amended by Act No. 12 of 1975)

16. (1) Any person applying for a licence other than a wholesale liquor Restricted
licence may, at his request and subject to the provisions of this Act, be licences
granted a restricted licence which shall not authorise the sale of spirits
but which shall otherwise have the effect of a licence of the type
granted.

(2) Notwithstanding the provisions of subsection (1), no restricted


licence other than a restricted hotel liquor licence, a restricted private
hotel liquor licence or a restricted passenger vessel licence shall be
issued to any person who is not an employee of, or authorised by, a local
authority unless the Minister has, by statutory notice, declared that the
provisions of the said subsection have been applied to the area in which
such premises are situate.
(As amended by No. 45 of 1961 and G.N. No. 304 of 1964)

16A. (1) A Board shall not grant a licence where the application for the Prohibition of
grant of the licence is in respect of premises within an area declared as a the grant of
prescribed area for that type of licence. licences

(2) In this section and in section eighteen 'prescribed area" means any
area declared by the Minister under section seventy-four to be a
prescribed area for one or more types of licences mentioned in
paragraphs (a) to (k), both inclusive, of subsection (1) of section four:

Provided that where the Minister has given the Board a direction in
writing to consider such an application, the Board may consider the
application and grant a licence.
(As amended by Act 4 of 1971 and 20 of 1972)

PART III

ESTABLISHMENT AND POWERS OF LICENSING


BOARDS

17. (1) Subject to the provisions of this Act and upon payment of the Grant and
appropriate fees, licences may be granted, renewed, transferred or renewal of
removed- licences

(a) in the case of a passenger vessel licence, by the licensing officer


of the District in which any port at which the vessel concerned calls is
situate;

(b) in the case of a temporary licence, by the licensing officer of the


District in which the premises concerned are situate;

(c) in the case of a railway restaurant car licence, by the Board of the
Central Province; and

(d) in any other case, by the Board of the Province in which the
premises concerned are situate.

(2) The Minister may in any case or class of case, by Gazette notice,
remit the whole or any part of any appropriate fee due under this Act.

17A. (1) A Board shall not grant a licence where the application for the Prohibition of
grant of the licence is in respect of premises within an area declared as a grant of
prescribed area for that type of licence: licences

Provided that where the Minister has given the Board a direction in
writing to consider such an application, the Board may consider the
application and grant a licence.

(2) In this section, "prescribed area" means any area declared by the
Minister under section eighty-two to be a prescribed area for one or more
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.

(4) The Minister may appoint a person to be the secretary to a Board.

(5) The chairman at any meeting of a Board is hereby empowered to


administer any oath required by any of the provisions of this Act relating
to the giving of evidence before such Board.

19. (1) No licence shall be granted to- Restrictions


upon grant of
licences

(a) any person who is under the age of twenty-one years; or

(b) a sheriff's officer or any other officer entrusted with the


execution of the legal process of any court; or

(c) any person who has been convicted of forging a licence or of


making use of a forged licence knowing it to have been forged; or

(d) any person who has been convicted, whether under this Act or
otherwise, of permitting to be kept, or keeping, as a brothel premises for
which at the time of such conviction he held a licence; or
(e) any person who has been disqualified by a court from holding a
licence while such disqualification remains in force.

(2) No licence shall, without the consent of the Minister, be granted or


transferred to-

(a) any person who does not reside wihin the Republic; or

(b) any person whose licence has been forfeited until after the
expiration of five years after the date of such forfeiture; or

(c) any person who has been convicted of an offence relating to the
sale of intoxicating liquor without a licence until after the expiration of
five years after the date of such conviction; or

(d) any person who has at any time been sentenced to imprisonment
for any period exceeding six months.

(3) No licence shall be granted or renewed to a company, society,


partnership or other association of persons:

Provided that nothing in this subsection shall be deemed to prevent the


grant or renewal of any licence to a person in the employ of such
company, society, partnership or association, and if any such employee
to whom any such licence was granted or renewed ceases to be
employed in a position in which he is required to hold such licence, his
employer may take such steps for the transfer of the licence to some
other employee, as a licensee may take under the provisions of this Act
for the transfer of his licence to some other person.

(4) No temporary licence shall be issued in respect of the premises of a Cap. 162
club registered under the Clubs' Registration Act except for the purposes
of a function to be held in the club in aid of charity or for the furtherance
of sporting or cultural activities forming part of the objects of the club:

Provided that, where the licensing authority is satisfied that there are no
other suitable premises available, it may at its discretion issue a
temporary licence in respect of any function to be held on the premises
of such club.
(As amended by No. 45 of 1961, No. 26 of 1963, No. 40 of 1971 and No.
20 of 1972)

20. (1) Every application for the grant of a licence shall be made in the Application for
prescribed form to the appropriate licensing authority. grant or renewal
of licence

(2) Every application for the renewal of a licence shall be made-

(a) on or before the 30th October in each year; and

(b) to the licensing authority which granted the original licence; and

(c) in the form prescribed, signed by the licensee concerned:

Provided that a licensing authority may in its discretion consider an


application for the renewal of a licence made after the 30th October
where the licensing authority is satisfied that the delay in submitting the
application was not due to the wilful or negligent default of the
applicant.

(3) Any person making or causing to be made any false statement in any
application made under the provisions of this section shall be guilty of
an offence and shall be liable to a fine not exceeding three thousand
penalty units.

(4) A Board shall not consider an application for the grant or renewal of
a licence, other than a railway resturant car licence, unless it is satisfied
that the applicant has given at least twenty-one days' notice of his
intention to make such application.

(5) A Board shall not consider an application for the grant of an


on-licence unless the applicant has, not less than fourteen days before
the application is made, lodged with the secretary to the Board a plan of
the premises in respect of which the application is made, together with a
certificate from the local authority that the said plans have received its
approval.
(6) The notice referred to in subsection (4) shall be made in the
prescribed form, shall include an address at which service of notices and
other documents may be made, and shall be published in the Gazette and
in two consecutive issues of a newspaper circulating in the area where
the premises concerned are situate, and the period of twenty-one days
mentioned in subsection (4) shall be calculated from the date of the last
publication of such notice.

(7) Evidence given on application for the grant of a licence shall be


given on oath.
(As amended by No. 35 of 1960 and Act No. 13 of 1994)

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)

22. (1) Subject to the provisions of section nineteen- Grounds for


refusal of
licences

(a) a railway restaurant car licence or a passenger vessel licence


shall be granted or renewed as of right upon due application being made;
and

(b) the grant of a temporary licence shall be in the uncontrolled


discretion of the licensing officer concerned, and no appeal, whether
under this Act or otherwise, shall lie from a refusal to issue such licence.

(2) A Board may refuse to grant or renew any licence, other than a
licence mentioned in subsection (1), upon any of the following grounds:

(a) that the premises concerned do not comply with the provisions
of any law for the time being in force; or

(b) that the grant or renewal of the licence would conflict with any
approved or proposed town plan or zoning area; or

(c) that the grant or renewal of such licence is calculated to cause


nuisance or annoyance to persons residing in the neighbourhood of the
premises concerned; or

(d) that the applicant is not a fit and proper person to hold a licence;

(e) in the case of a bar license-


(i) that, upon evidence given by the police, the Board is satisfied
that the granting or renewal of such licence would be detrimental to
public order; or
(ii) where the application is for a new licence, that the applicant has
not satisfied the Board that, having regard to all the circumstances of the
case including the number of existing on-licences in the area concerned,
there is a public need for such licence; or

(f) in the case of an hotel liquor licence or a private hotel liquor 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

(g) in the case of a restaurant licence-


(i) that, upon evidence given by the police, the Board is satisfied
that the granting or renewal of such licence would be detrimental to
public order; or
(ii) that the applicant does not keep, upon the premises in respect of
which the application is made, a bona fide restaurant at which meals will
regularly be provided for guests, and that such premises do not provide
reasonable facilities for persons taking meals in such restaurant;

(h) in the case of a retail licence-


(i) where the application is for a new licence, that the applicant has
not satisfied the Board that, having regard to the circumstances of the
case including the number of existing retail licences, there is a public
need for such licence;
(ii) that the applicant carries on in the premises or in premises
directly communicating therewith any other business for which a
licence under this Act is not in force:
Provided that-
A. the provisions of sub-paragraph (ii) shall not apply where the
only goods sold in the course of such other business are one or more of
the following: tobacco, tobacco products, smokers' and cocktail
requisites, mineral waters, cordials and similar non-alcoholic beverages;
B. the provisions of this paragraph shall not apply where it is
proved to the satisfaction of the Board that, having regard to the area in
which the premises are situate and to the amount of stock carried, such
other business includes in its business a substantial grocery business.

(3) An application by a person who is not a citizen of Zambia for the


grant or renewal of a bar licence or a retail licence shall be refused
unless-

(a) such application is in respect of premises within a prescribed


area; or

(b) where such application is in respect of premises outside a


prescribed area, the Minister has in writing exempted the applicant from
the provisions of this subsection.

(4) Where the renewal of an existing retail licence is refused solely on


the ground set out in sub-paragraph (ii) of paragraph (h) of subsection
(2) or where the renewal of an existing bar licence or retail licence is
refused solely on the ground set out in subsection (3), the Board shall, on
payment of a proportionate fee, grant a licence for such period not
exceeding six months as it shall deem sufficient to enable the applicant
to dispose of his stock.

(5) In this section- Cap. 393


"citizen of Zambia" has the same meaning as in subsection (4) of section
seventeen of the Trades Licensing Act;
"prescribed area" means any area declared by the Minister under section
eighty-two to be a prescribed area.
(As amended by No. 35 of 1960, No. 45 of 1961 and
No. 53 of 1968)

22A. (1) The President may at any time, by statutory instrument, Power of
revoke any licence granted under this Act and, notwithstanding anything President to
to the contrary in this Act contained, any licence so revoked shall expire revoke licences
upon the commencement of such statutory instrument.

(2) Notwithstanding anything to the contrary contained in this Act,


where a licence has been revoked as aforesaid the holder shall be
entitled to appoint a person of his own choice to dispose of his stock
within one month after such revocation.
(No. 62 of 1970)

23. (1) Where a Board is satisfied, on application made by any person 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.

(3) The provisional grant of a licence-

(a) shall have effect for a period of twelve months from the date
upon which such grant was made; and

(b) shall not be valid until the Board concerned has declared it final.

(4) A Board shall, when an application for that purpose is made to it


within the period of twelve months referred to in paragraph (a) of
subsection (3), declare such grant final on being satisfied-

(a) that the premises have been completed in accordance with the
plans deposited; and
(b) that the holder of the provisional licence is not disqualified by
this or any other written law from holding a licence.

(5) No fee shall be payable upon the provisional grant of a licence but
the appropriate fee for the licence shall be paid upon the declaration of
such provisional grant as final.
(As amended by No. 26 of 1963)

24. Where on an application the Board has decided to grant or renew a Application to
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.

(2) On any application for the renewal of an on-licence, the Board


concerned may require a plan of the premises to be deposited with the
secretary to the Board together with a certificate from the local authority
that the said plan has received its approval.

(3) Evidence given on an application for the renewal of a licence shall


be given on oath.

26. A licensing authority shall, at the request of an applicant other than Notification of
an applicant for a temporary licence, inform such applicant of the grounds of
grounds on which the grant or renewal of a licence has been refused or refusal, etc.
conditions have been imposed.

27. (1) A licensing officer may, in special circumstances and upon 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

TRANSFER AND REMOVAL OF LICENCES

28. (1) For the purposes of this Act, the transfer of a licence means the Transfer of
substitution, upon payment of the appropriate fee, of some other person licences
as licensee of premises in place of the person who holds or has held a
licence for such premises.

(2) A person applying for the transfer of a licence shall, not less than
fourteen days before such application is made, give notice in writing of
his intention to make such application to-

(a) 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;

(b) where the licensee is incapable, through illness or other


infirmity, of carrying on business under the licence, to his assigns or the
new tenant or occupier of the premises;

(c) where the licensee is adjudged bankrupt, or a trustee is appointed


in pursuance of a composition scheme to administer the property or
manage the business of the licensee, or a trustee is appointed under a
deed of arrangement for the benefit of the creditors of the licensee, to his
trustee or the new tenant or occupier of the premises;

(d) where the licensee has, or his representatives have, given up


occupation of the licensed premises, to the new tenant or occupier of
such premises or to the person to whom the representatives or assigns
have, for sale or otherwise, bona fide, conveyed or made over the
interest in the premises;

(e) where the occupier of the licensed premises, being about to quit
them, has wilfully omitted or neglected to apply for a renewal of the
licence, to the new tenant or occupier of such premises;

(f) where the owner of such licensed premises or some person on


his behalf has been granted a protection order under the provisions of
section thirty, to the owner or person applying on his behalf;

(g) where an employer wishes a licence to be transferred from one


employee to another in accordance with the proviso to subsection (3) of
section nineteen.

(4) In a case arising under paragraph (f) of subsection (3), the licence
may be transferred, notwithstanding that it has been forfeited, as if it
were still valid.

(5) A licensing authority shall not grant a transfer of a licence unless


such authority is reasonably satisfied that the transfer is to a fit and
proper person.

29. (1) Where a licensee dies, or is adjudged bankrupt, or a trustee is 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.

(2) Where an application is made for a transfer of a licence affected by


the provisions of subsection (1) within the period of three months
mentioned in subsection (1) and the licensing authority adjourns
consideration of the application, the said period of three months shall, if
necessary, be extended to the date of the hearing of the application.

30. (1) Where a person proposes to apply for the transfer of a licence to Protection order
him, the licensing officer of the District in which the licensed premises
are situate may, upon the application of such person and if such officer
is satisfied that the applicant is a person to whom the transfer of the
licence could be granted under the provisions of this Act, grant him
authority (hereinafter referred to as a protection order) to sell
intoxicating liquor as if he were the holder of the licence concerned.

(2) Where-

(a) a licence is forfeited under any of the provisions of this Act; or

(b) a licence holder becomes disqualified under the provisions of


section nineteen for holding a licence;
a licensing officer may grant a protection order to any owner of the
licensed premises or to any other person authorised by such owner,
notwithstanding the forfeiture or the previous licence holder's
disqualification:

Provided that a protection order shall not be granted to the person whose
licence has been forfeited or who has become disqualified.

(3) The provisions of this Act relating to the regulation, government or


control of licensees shall, while a protection order is in force, apply to
the person to whom the order has been granted as they apply to a
licensee.

(4) A protection order shall remain in force for a period of three months:

Provided that, where application is made for the transfer of the licence
affected within the said period of three months and the licensing
authority adjourns consideration of such application, the said period
shall, if necessary, be extended to the date of the hearing of such
application.
(5) A licensing officer to whom application is made for a protection
order may examine on oath the applicant or any person giving evidence
before him.

(6) A protection order shall not be granted unless the applicant has, not
less than forty-eight hours before the application, given notice in writing
to the officer in charge of police in the area in which the licensed
premises are situate, signed by the applicant or his authorised agent, and
stating his name and address and his trade or calling during the six
months preceding the giving of the notice.

(7) The licensing officer by whom a protection order is granted shall


endorse a memorandum of such order on the licence.

(8) There shall be payable, upon the grant of a protection order, the
appropriate fee.
(As amended by No. 17 of 1967)

31. (1) For the purposes of this Act, the removal of a licence means 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.

(2) An application for the removal of a licence shall be made in the


prescribed form by the person wishing to hold the licence after removal,
and the provisions of section nineteen, subsections (3) to (6), inclusive,
of section twenty, and section twenty-two shall apply to any such
application as they apply to an application for the grant or renewal of a
licence.

(3) Without prejudice to any other power of a Board to refuse to grant


the removal of a licence, a Board shall not grant any such removal
unless it is satisfied that no objection is made thereto by the person or
persons owning and having control of the business carried on in the
licensed premises from which it is sought to remove such licence or by
the licensee.

(4) There shall be payable, upon the grant of a removal of a licence, the
appropriate fee.
(5) A Board may make a provisional grant of removal of a licence to
premises about to be constructed or in the course of construction, and
the provisions of section twenty-three shall apply to such a provisional
grant as they apply to the provisional grant of a licence.

(6) The provisions of this section shall not apply to a railway restaurant
car licence, a passenger vessel licence or to a temporary licence.

PART V

LICENCE REGISTERS

32. (1) A licensing authority shall cause to be kept a register of Register of


licences, in the prescribed form, containing particulars of all licences licences
granted by the authority, the premises for which they were granted, the
names of the owners of those premises and the names of the licensees.

(2) A licensing authority shall cause to be entered in the register of


licences notice of any conviction of any licensee entered in such register
of an offence committed by him as such, including any offence against
the provisions of any written law relating to the adulteration of drink,
and the clerk of the court by which any such licensee is so convicted
shall forthwith send notice of such conviction to the licensing authority
concerned.

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.

(2) A licensing authority shall also, on the application of any person


whose name is not entered under subsection (1) in the register, and who
has an estate or interest in the premises concerned, whether as owner,
lessee or mortgagee, prior or paramount to that of the occupier, enter
such person's name in the register as an owner of the premises:
Provided that, where any such estate or interest is vested in two or more
persons jointly, one only of such persons shall be registered as
representing that estate or interest.

(3) Any reference in this Act to the registered owner of the premises
shall be construed as a reference to any person whose name is for the
time being entered in the register under the provisions of this section.

34. (1) Any register shall be received in evidence of the matters Register to be
required by this or any other written law to be entered therein. evidence

(2) Any document purporting to be certified by a licensing officer or by


the secretary to a Board to be a true copy of an entry in a register shall be
received as evidence of the matters contained in such entry.

35. On any application for the grant, renewal, transfer or removal of a Regard to be
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) The Minister may appoint a person to be secretary of the Tribunal.


(3) The chairman of the Tribunal is hereby empowered to administer
any oath required by any of the provisions of this Act relating to the
giving of evidence before the Tribunal.
(As amended by S.I. No. 91 of 1965)

38. (1) Any person who, being an applicant for- Appeal to


Tribunal

(a) the grant of a licence, other than a temporary licence; or

(b) the provisional grant of a licence; or

(c) the renewal, transfer or removal of a licence;


is aggrieved by the decision of a licensing authority thereon, by any
condition attached to the grant, renewal, transfer or removal of a licence,
or by any order made under the provisions of section seventy-two, may
appeal to the Tribunal.

(2) Notice of any appeal under the provisions of this section shall be
given to the Tribunal within thirty days of the decision appealed against:

Provided that the chairman of the Tribunal may in his discretion extend
the time for giving notice of appeal.

(3) Upon the entry of any appeal under the provisions of this section, the
appellant shall pay the appropriate fee and a notice of appeal shall not be
deemed to have been given to the Tribunal until such fee has been
received by the secretary to the Tribunal.

(4) In any appeal under the provisions of this section, the parties thereto
shall be the appellant, any person who has validly taken objection to the
original application and who wishes to appear on such appeal, and the
licensing authority concerned, and no other person shall be entitled to be
heard on such appeal.

(5) An appellant in any appeal under the provisions of this section shall
serve on all persons who, by virtue of subsection (4), may be
respondents to such appeal copies of his notice and grounds of appeal.

(6) Any party to an appeal before the Tribunal may appear in person or
by counsel, and a Board may appear by counsel or by a member of the
Board nominated for such purpose by the chairman of the Board.

(7) Where a licensing authority is a party to an appeal before the


Tribunal, such authority may, in lieu of appearing before the Tribunal,
send to the secretary thereof and to the appellant a statement of the
reasons why such authority considers that the appeal should not be
allowed, and such statement, if it purports to be signed by the chairman
or secretary of a Board or by a licensing officer, shall be received in
evidence by the Tribunal.

(8) Pending the determination of an appeal against refusal to renew a


licence, such licence shall be deemed to remain in force until such
determination.

(9) The Tribunal-

(a) may, by notice in writing, require any person, subject to the


payment or tender of the reasonable expenses of his attendance, to
attend as a witness and give evidence or to produce any documents in his
possession or power which relate to any matter in question on an appeal
under the provisions of this section, and if any person, without
reasonable excuse, fails to comply with any of the requirements of such
a notice, he shall be guilty of an offence and shall be liable to a fine not
exceeding three thousand penalty units:

Provided that no person shall be required to produce any book or


account, voucher or receipt which directly refers to his business or
trading;

(b) shall have the power to take evidence on oath and to make such
other investigations as it may deem fit in assisting it to come to a
decision regarding any matter before it;

(c) may award to any party to an appeal such costs as the Tribunal
considers reasonable, and direct by what parties such costs are to be
paid, and any person failing to comply with the provisions of any order
made under this paragraph shall be guilty of an offence and shall be
liable to a fine not exceeding three thousand penalty units, and the costs
awarded may be recovered, from the party ordered to pay such costs by
the party to whom they were awarded, by civil action:

Provided that where a licensing authority submits a statement under the


provisions of subsection (7) and does not appear before the Tribunal, no
costs shall be awarded against such authority.

(10) The Tribunal shall hear and determine the matter of any appeal
brought before it and may make such order therein in addition to or in
substitution for the matter appealed against as it thinks fit, or may refer
the matter back to the licensing authority concerned with the directions
of the Tribunal which shall be binding on such authority.

(As amended by Act No. 13 of 1994)

39. (1) Any party to an appeal who is dissatisfied with the decision of Appeal to High
the Tribunal may appeal to the High Court on a question of law but not Court
on a question of fact, and notice of any such appeal shall be given to the
High Court within thirty days of the decision of the Tribunal.

(2) On the hearing of any appeal under the provisions of this section, the
High Court may allow the appeal and direct the licensing authority
concerned accordingly, or may dismiss the appeal, or may refer the
matter back to the Tribunal or the licensing authority for rehearing in
accordance with the directions of the High Court.

PART VII

GENERAL PROVISIONS REGULATING SALE OF


INTOXICATING LIQUOR

40. (1) Subject to the provisions of this Act, if any person- Selling liquor
without licence

(a) sells any intoxicating liquor without holding a licence


authorising him to sell such liquor; or
(b) being a licensee, sells any intoxicating liquor except in the
licensed premises concerned;
he shall be guilty of an offence.

(2) A person convicted of an offence under the provisions of subsection


(1) shall be liable-

(a) on a first conviction, to a fine not exceeding three thousand


penalty units or to imprisonment for a period not exceeding three
months, or to both.

(b) on a second conviction, to a fine not exceeding six thousand


penalty units or to imprisonment for a period not exceeding six months,
or to both;

(c) on a third or subsequent conviction, to a fine not exceeding six


thousand penalty units or to imprisonment for a period not exceeding
twelve months, or to both.

(3) A licensee shall, on his second or subsequent conviction under the


provisions of this section, forfeit his licence.

(4) The court by which a person is convicted of an offence under the


provisions of this section committed after a previous conviction of such
an offence may order him to be disqualified for holding a licence-

(a) on a second conviction, for a period not exceeding five years;

(b) on a third or subsequent conviction, for any term of years or for


life.

(5) The court by which a licensee is convicted of an offence under the


provisions of this section may declare all intoxicating liquor found in his
possession, and the vessels containing it, to be forfeited.

(As amended by Act No. 13 of 1994)

41. (1) Subject to the provisions of this Act, no person shall- Prohibition of
sale, etc., of
liquor except
during
permitted hours

(a) except during the permitted hours, himself, or by his servant or


agent, sell or supply to any person in any licensed premises any
intoxicating liquor to be consumed either on or off the licensed
premises; or

(b) except during the permitted hours, consume in, or take from, or
permit any person to consume in or take from, any such premises any
intoxicating liquor:

Provided that intoxicating liquor sold during the per-mitted hours may
be consumed on the licensed premises up to-
(i) fifteen minutes after the conclusion of the permitted hours in the
case of intoxicating liquor sold under a bar licence; and
(ii) half an hour after the conclusion of the permitted hours in the
case of intoxicating liquor sold under an hotel liquor licence.

(2) Nothing in subsection (1) shall prohibit or restrict-

(a) the sale or supply to, or consumption by, any person of


intoxicating liquor in any premises where he is residing, or the supply of
intoxicating liquor for consumption on the premises of a licensed hotel
or a licensed private hotel to any private friends of any person lodging
therein and bona fide entertained by him at his own expense, or the
consumption of intoxicating liquor by persons so supplied;

(b) the supply of intoxicating liquor for consumption on licensed


premises to any private friends of the licensee bona fide entertained by
him at his own expense, or the consumption of intoxicating liquor by
persons so supplied.

(3) If any person contravenes the provisions of this section, he shall be


guilty of an offence and shall be liable to a fine not exceeding one
thousand five hundred penalty units.
(As amended by No. 45 of 1961 and Act No. 13 of 1994)

42. If the holder of a restricted licence has in his possession on the Liquor of kind
licensed premises any spirits without reasonable excuse, he shall be 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.

(2) A person shall not, himself or by his servant or agent-

(a) carry in any van, barrow, basket or other vehicle or receptacle


while in use for the delivery of intoxicating liquor in pursuance of a sale
by that person any intoxicating liquor that is not entered in a delivery
book or invoice under the provisions of subsection (1);

(b) deliver in pursuance of a sale by him any intoxicating liquor at


any address not entered as aforesaid.

(3) A person shall not, by himself or by his servant or agent, refuse to


allow a police officer to examine any van, barrow, basket or other
vehicle or receptacle while in use for the distribution or delivery of any
intoxicating liquor or to examine any delivery book or invoice carried
under the provisions of subsection (1).

(4) A licensee shall not be guilty of an offence under this section


committed by his servant or agent if he proves that such offence was
committed without his knowledge or consent.

(5) Nothing in this section shall prohibit or restrict the delivery of


intoxicating liquor to a trader for the purposes of his trade.

(6) Any person guilty of an offence under the provisions of this section
shall be liable to a fine not exceeding nine hundred penalty units.
(As amended by Act No. 13 of 1994)

44. (1) Where a person, having purchased intoxicating liquor from Breach of terms
premises licensed under an off-licence, drinks such liquor- of off-licence

(a) in the licensed premises; or

(b) in premises adjoining or near the licensed premises that belong


to the licence holder or are under his control or used by his permission;
or

(c) on a highway adjoining such premises;


then, if the drinking is with the privity of the licensee, such licensee shall
be guilty of an offence.

(2) If the holder of an off-licence with intent to evade the terms and
conditions of or attaching to such licence, takes, or suffers any person to
take, any intoxicating liquor from the licensed premises for the purpose
of its being sold on his account or for his benefit or profit, he shall be
guilty of an offence.

(3) For the purposes of subsection (2), if liquor is taken for the purpose
of its being drunk in any house, tent, shed or other building belonging to
the licensee, or hired, used or occupied by him, the burden of proving
that he did not intend to evade the terms and conditions of or attaching to
his licence shall lie upon him.

(4) Any person guilty of an offence under the provisions of this section
shall be liable, on a first conviction, to a fine not exceeding three
hundred penalty units and, upon a subsequent conviction, to a fine not
exceeding six hundred penalty units.

(As amended by Act No. 13 of 1994)

45. (1) If any person who is under the age of eighteen years or whose 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.

(3) For the purposes of this section, a person shall be deemed to be


employed by the person for whom he works notwithstanding that he
receives no wages for his work.

(4) Where in any proceedings under the provisions of this section it is


alleged that a person was at any time under the age of eighteen years,
and he appears to the court then to have been under such age, for the
purposes of such proceedings he shall be deemed to have been then
under that age unless the contrary be shown.
(As amended by No. 17 of 1967 and Act No. 13 of 1994)

46. (1) A licensee shall not knowingly sell or deliver, or allow any other Restriction on
person to sell or deliver, intoxicating liquor to a person under the age of sale, etc., of
fourteen years: liquor to
children

Provided that this subsection shall not prohibit the sale or delivery of
intoxicating liquor to any such person-

(a) at the residence or working place of the purchaser; or

(b) in sealed vessels in quantities not less than 1.75 reputed litres for
consumption off the premises only.

(2) A person shall not knowingly send any person under the age of
fourteen years to any place where intoxicating liquor is sold or delivered
in pursuance of a sale for the purpose of obtaining intoxicating liquor
except for the purpose of obtaining it in sealed vessels in quantities not
less than one reputed pint for consumption off the premises only.
(3) This section shall not prohibit a licensee from delivering
intoxicating liquor to a person under the age of fourteen years who is a
member of his family or his servant or apprentice and is employed as a
messenger to deliver intoxicating liquor, or the sending of such a person
to the licensed premises to obtain intoxicating liquor.

(4) If any person contravenes any of the provisions of this section, he


shall be guilty of an offence and shall be liable, on a first conviction, to a
fine not exceeding sixty penalty units and on a subsequent conviction, to
a fine not exceeding one hundred and fifty penalty units.

(As amended by Act No. 13 of 1994)

47. (1) A licensee shall not knowingly sell, or allow any other person to 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.

(4) A licensee, or any servant of a licensee, shall not knowingly-

(a) allow any person under the age of eighteen years to consume
intoxicating liquor in any bar in the premises;

(b) allow any person under the age of sixteen years to enter or
remain in any such bar:

Provided that this paragraph shall not apply to any child under the 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.

(5) No person shall buy or attempt to buy intoxicating liquor for


consumption in a bar in any licensed premises by a person under the age
of eighteen years.

(6) If any person contravenes the provisions of this section, he shall be


guilty of an offence and shall be liable, on a first conviction, to a fine not
exceeding thirty penalty units and, on a subsequent conviction, to a fine
not exceeding sixty penalty units.
(As amended by No. 45 of 1961 and Act No. 13 of 1994)

48. (1) No person shall- Restriction on


credit sales

(a) himself or by his servant or agent, sell in any licensed premises


intoxicating liquor to be consumed on the premises; or

(b) consume intoxicating liquor on any such premises;


unless it is paid for before or at the time when it is sold:

Provided that-
(i) if the liquor is sold or consumed at a meal supplied at the same
time and is consumed with the meal, and the liquor is paid for together
with the meal; or
(ii) if the liquor is supplied to the order of any person actually
boarding or residing in the premises;
no offence shall be committed under this subsection.

(2) If any person contravenes the provisions of this section, he shall be


guilty of an offence and shall be liable to a fine not exceeding nine
hundred penalty units.

(As amended by Act No. 13 of 1994)

49. (1) If any person makes or uses, or allows to be made or used, any Communication
internal communication between licensed premises and any premises, 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

(2) A person guilty of an offence under the provisions of this section


shall be liable to a fine not exceeding three hundred penalty units and, if
he is a licensee, he shall on conviction forfeit his licence.

(As amended by Act No. 13 of 1994)

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

(a) gives increased facilities for drinking; or

(b) conceals from observation any part of the premises used for
drinking; or

(c) affects the communication between the part of the premises


where intoxicating liquor is sold and any other part of the premises or
any street or other public way;
unless the Board of the Province in which such premises are situate has
consented in writing to such alteration and the appropriate fee has been
paid by the licensee or such alteration is required by order of some
lawful authority.

(2) Before considering an application for consent under the provisions


of this section, a Board may require plans of the proposed alteration to
be deposited with the secretary to the Board at such time as it may
determine, together with a certificate from the local authority that the
said plans have received its approval.

(3) Where any alteration is made to licensed premises in contravention


of the provisions of subsection (1), the licensee shall be guilty of an
offence and shall be liable to a fine not exceeding three hundred penalty
units, and the court by whom such licensee is convicted may declare the
licence to be forfeited or direct that within a time fixed by the order the
premises shall be restored to its original condition, and any person who
fails to comply with any such order shall be guilty of an offence under
this section.

(As amended by Act No. 13 of 1994)

51. (1) Every licensee, other than the holder of a temporary licence, Particulars to be
shall- affixed to
premises, etc.

(a) keep painted on or affixed to the licensed premises in a


conspicuous place his name and after the name the word "licensed"
followed by words sufficient to express the business for which the
licence is granted; and

(b) display, or cause to be displayed, his licence in a prominent


position in the licensed premises.

(2) A person shall not have on his premises words or letters importing
that he is authorised, as licensee, to sell any intoxicating liquor that he is
not authorised to sell.

(3) If any person contravenes the provisions of this section, he shall be


liable, on a first conviction, to a fine not exceeding three hundred
penalty units and, on a subsequent conviction to a fine not, exceeding
one hundred and sixty penalty units.

(As amended by Act No. 13 of 1994)

52. (1) Any licensee who permits drunkenness or any violent, Licensee not to
quarrelsome or riotous conduct to take place on the licensed premises permit
shall be guilty of an offence. drunkenness,
etc.

(2) If a licensee is charged under subsection (1) with permitting


drunkenness, and it is proved that any person was drunk in the licensed
premises, the burden of proving that the licensee and the persons
employed by him took all reasonable steps for preventing drunkenness
in the premises shall lie upon him.

(3) Any licensee who sells intoxicating liquor to a drunken person shall
be guilty of an offence.

(4) Any person guilty of an offence under the provisions of this section
shall be liable, on a first conviction, to a fine not exceeding six hundred
penalty units and, on a subsequent conviction, to a fine not exceeding
one thousand five hundred penalty units and to forfeiture of his licence.

(As amended by Act No. 13 of 1994)

53. (1) Any person who, in licensed premises, procures or attempts to Procuring drink
procure any intoxicating liquor for consumption by a drunken person for drunken
shall be guilty of an offence. persons

(2) Any person who aids a drunken person in obtaining or consuming


intoxicating liquor in licensed premises shall be guilty of an offence.

(3) Any person guilty of an offence under the provisions of this section
shall be liable to a fine not exceeding one thousand and five hundred
penalty units or to imprisonment for a period not exceeding one month,
or to both.

54. (1) Without prejudice to any other right to refuse a person 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.

55. (1) If a licensee permits the licensed premises to be a brothel, he Permitting


shall be guilty of an offence and shall be liable to a fine not exceeding licensed
six hundred penalty units. premises to be a
brothel

(2) If a licensee is convicted, whether under this section or under any


other enactment, of permitting his premises to be a brothel, he shall
forfeit his licence.

(As amended by Act No. 13 of 1994)

56. (1) A licensee shall not knowingly allow the licensed premises to be Permitting
the habitual resort or place of meeting of reputed prostitutes, whether the licensed
object of their so resorting or meeting is or is not prostitution: premises to be
resort of
prostitutes

Provided that this section shall not prohibit his allowing any such
persons to remain in the premises for the purpose of obtaining
reasonable refreshment for such time as is necessary for that purpose.

(2) If a licensee contravenes the provisions of this section, he shall be


guilty of an offence and shall be liable, on a first conviction, to a fine not
exceeding three hundred penalty units and, on a subsequent conviction,
to a fine not exceeding six hundred penalty units.

(As amended by Act No. 13 of 1994)

57. (1) If a licensee suffers any unlawful game to be carried on in his Gaming on
premises, he shall be guilty of an offence and shall be liable, on a first licensed
conviction, to a fine not exceeding three hundred penalty units and, on a premises
subsequent conviction, to a fine not exceeding six hundred penalty units.

(2) The conviction of a licensee of opening, keeping or using his


premises, or of suffering his premises to be opened, kept or used as a
gaming house under any other enactment shall be deemed to be a
conviction under this section.

(As amended by Act No. 13 of 1994)

58. If a licensee- Offences in


(a) knowingly suffers to remain on his premises any police officer relation to
during any part of the time appointed for such police officer's being on police officers
duty, except for the execution of such duty; or
(b) knowingly supplies any liquor or refreshment, whether by way
of gift or sale, to any police officer on duty except by authority of a
superior officer of such police officer; or
(c) bribes or attempts to bribe any police officer;
he shall be guilty of an offence and shall be liable, on a first conviction,
to a fine not exceeding three hundred penalty units and, on a subsequent
conviction, to a fine not exceeding six hundred penalty units.
(As amended by Act No. 13 of 1994)

PART VIII

SPECIAL PROVISIONS REGARDING PASSENGER VESSEL


LICENCES ON LAKE KARIBA

59. For the purposes of this Part, unless the context otherwise requires- Interpretation
for purposes of
(No. 45 of 1961) Part VIII

"crew" includes any person employed in a passenger vessel;

"Lake Kariba" means the area of water formed by the construction of the
dam at Kariba Gorge;

"licensed passenger vessel" means a passenger vessel in respect of


which there is in force a licence granted under the provisions of this Act
or a currently valid licence for the sale of intoxicating liquor on a
passenger vessel granted under the laws of Southern Rhodesia;

"master" means any person having for the time being command or
charge of a passenger vessel;

"open water" means that area of Lake Kariba which is not within one
hundred yards of the shore of Lake Kariba.

60. (1) This Part shall apply only to vessels while on Lake Kariba. Application of
Part VIII

(2) The provisions of this Part shall be in addition to and not in


derogation of any provisions of any other Part of this Act except so far
as those provisions are inconsistent with the provisions of this Part, and
if any provision of any other Part is inconsistent with any provision of
this Part, then the provision of this Part shall prevail and the provision of
that other Part shall to the extent of the inconsistency be of no effect.

61. (1) Licenses for passenger vessels on Lake Kariba may be granted, Licensing
renewed, or transferred by the Board for the Southern Province. authority for
Lake Kariba

(2) A temporary licence in respect of a passenger vessel on Lake Kariba


may be granted by the licensing officer of the Gwembe District.

62. (1) No passenger vessel licence shall be granted or transferred to Restrictions


any person other than the master of a passenger vessel. upon the grant,
renewal or
transfer of
passenger
vessel licenses

(2) No passenger vessel licence shall be granted or renewed in respect


of any passenger vessel unless it complies with the provisions of any
law for the time being in force relating to the registration of vessels or
the licensing of vessels to carry passengers.

(3) No passenger vessel licence or restricted passenger vessel licence


shall be granted if an application for a similar licence by the applicant or
in respect of the same vessel has been refused by the appropriate
licensing authority under the Liquor Act, 1953, of Southern Rhodesia,
as amended from time to time by subsequent Acts, within a period of
twelve months before the date on which application is made for such
first mentioned licence.

63. The Board for the Southern Province may refuse to grant or renew Grounds for
any passenger vessel licence upon any of the following grounds: refusal of
(a) that the applicant is not a fit and proper person to hold a licence; licences
or
(b) that, upon evidence given by the police, the Board for the
Southern Province is satisfied that the granting or renewal of such
licence would be detrimental to public order; or
(c) where the application is for a new licence, that the applicant has
not satisfied the Board for the Southern Province that, having regard to
all the circumstances of the case including the number of existing
licensed passenger vessels on Lake Kariba, there is a public need for
such licence.

64. A passenger vessel licence shall be subject to such conditions as to Conditions


the standards in the quality of the services to be provided in the
passenger vessel as the Board for the Southern Province may think fit to
insert in the licence.

65. A passenger vessel licence issued under this Part shall authorise the Permitted hours
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.

(As amended by Act No. 13 of 1994)

67. (1) For the purposes of this section- Right to go


"inspecting officer" means an Administrative Officer, a police officer of aboard and
or above the rank of Sub Inspector and any person authorised to enter inspect vessels
premises under the provisions of the Liquor Act, 1953, of Southern
Rhodesia, as amended from time to time by subsequent Acts.

(2) An inspecting officer, while any vessel is in open water, and a police
officer or Administrative Officer while any vessel is not in open water,
may at all reasonable times go on board and inspect that vessel for the
purpose of ascertaining whether the provisions of this Act or of the
Liquor Act, 1953, of Southern Rhodesia, as amended from time to time
by subsequent Acts, are being or have been contravened.

(3) If any person hinders or prevents any inspecting officer in pursuance


of this section from going on board or impedes him in carrying out any
inspection under this section, he shall be guilty of an offence and shall
be liable, on a first conviction to a fine not exceeding seven hundred and
fifty penalty units and, on a subsequent conviction, to a fine not
exceeding one thousand five hundred penalty units.
(As amended by G.N. No. 502 of 1964, No. 24 of 1977 and
Act No. 13 of 1994)

68. In the application of Lake Kariba of- Application and


(a) subsection (6) of section twenty, there shall for the words modification of
"circulating in the area where the premises concerned are situate" be sections 20, 28,
read the words "circulating in the Southern Province"; 30, 41, 45, 47,
Part VII,
(b) paragraph (b) of subsection (2) of section twenty-eight, there sections 69, 76,
shall for the words "in the area in which the licensed premises are 80 and 81
situate" be read the words "in the Southern division";
(c) subsection (1) of section thirty, there shall for the words "the
licensing officer of the District in which the licensed premises are
situate" be read the words "the licensing officer of the Gwembe
District";
(d) subsection (1) of section forty-one, there shall for the proviso to
paragraph (b) thereof be read the following:
Provided that intoxicating liquor sold during the permitted hours may be
consumed on a licensed passenger vessel up to half an hour after the
conclusion of the permitted hours;
(e) sections forty-five and forty-seven, there shall for the words
"under the age of eighteen years", wherever they occur, be read the
words "under the age of nineteen years";
(f) Part VII and sections sixty-nine, seventy-six, eighty and
eighty-one, "licence" shall include a currently valid licence for the sale
of intoxicating liquor on a passenger vessel granted under the laws of
Southern Rhodesia and "licence" and "licensed premises" shall be
construed accordingly.

PART IX

SUPPLEMENTAL

69. (1) Where any riot or tumult occurs or is expected to occur in any Closing of
place, an authorised officer may order any licensed premises in or near premises in case
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.

(As amended by Act No. 13 of 1994)

70. (1) When the Minister is satisfied that a license is or has engaged in Forfeiture of
or permits any activity on the licensed premises which is detrimental to licence by the
the security of the Republic or to public order he may, by order, forfeit Minister
the licence of the licensee and a copy of the order of forfeiture shall be
served on the licensee.
(2) An order of forfeiture shall take effect when the copy thereof is
served on the licensee.

(3) An order of forfeiture shall, on its production in any proceedings or


application before any court or licensing authority or the Tribunal, be
conclusive evidence of the fact of forfeiture.

(4) No appeal shall lie to any court against an order of forfeiture of a


licence under this section.

(5) Neither an order of forfeiture of a licence under this section nor the
grounds for such a forfeiture shall be questioned or be subject to review
by any court or licensing authority or the Tribunal in any proceedings or
application before it.
(No. 17 of 1967)

71. Where a licence is forfeited under any provision of this Act, the 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.

(4) If a licensee makes default in complying with the requirements of an


order made under the provisions of this section, he shall be guilty of an
offence and shall be liable to a fine not exceeding seven hundred and
fifty penalty units and to a further fine not exceeding one hundred and
fifty penalty units for every day such default continues after the
expiration of the time fixed by such order.

(As amended by Act No. 13 of 1994)

73. The holder of an on-licence shall not, except with the written 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.

(As amended by Act No. 13 of 1994)

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.

75. (1) Any document purporting to be a licence and signed by a Proof of


licensing officer or by the secretary to a Board shall be received in licences, etc.
evidence.

(2) Any document purporting to be a copy of a licence certified under


the hand of the licensing officer, or the secretary to the Board, issuing
the original licence to be a true copy shall be received in evidence on an
application for the renewal, transfer or removal of the licence, or on
application for a protection order, if the licensing authority to whom the
application is made is satisfied by evidence that the original licence is
lost or unlawfully withheld.

(3) Any memorandum made under the provisions of sub-section (7) of


section thirty shall be received in evidence.

76. (1) Evidence that a transaction in the nature of a sale of intoxicating Evidence of
liquor took place shall, in any proceedings relating to an offence under sale, etc.
the provisions of this Act, be evidence of the sale of such liquor without
proof that money passed.

(2) Evidence that consumption of intoxicating liquor was about to take


place shall, in any such proceedings as aforesaid, be evidence of the
consumption of intoxicating liquor without proof of actual
consumption.

(3) Evidence that any person, other than the occupier of licensed
premises or a servant employed in licensed premises, consumed or
intended to consume intoxicating liquor in such premises shall be
evidence that the liquor was sold by or on behalf of the licensee to that
person.

77. (1) A police officer may at any time enter licensed premises for the Right of police
purpose of preventing or detecting the commission of any offence officers to enter
against this Act. premises

(2) If any person, himself or by any person in his employment or acting


with his consent, obstructs or fails to admit a police officer who
demands entry to premises in pursuance of this section, he shall be
guilty of an offence and shall be liable, on a first conviction, to a fine not
exceeding seven hundred and fifty penalty units and on a subsequent
conviction, to a fine not exceeding one thousand five hundred penalty
units.

(As amended by Act No. 13 of 1994)


78. (1) If a magistrate is satisfied by information on oath that there is Search warrant
reasonable ground for believing that any intoxicating liquor is sold by
retail at any place, being a place where that liquor may not lawfully be
sold by retail, he may issue a search warrant under his hand to a police
officer of or above the rank of Sub-Inspector authorising him at any time
or times within one month from the date of the warrant to enter that
place, which shall be named in the warrant, by force if need be, and
search the place for intoxicating liquor and seize and remove any
intoxicating liquor that the police officer has reasonable ground for
supposing to be in the place for the purpose of unlawful sale there or
elsewhere, and the vessels containing such liquor.

(2) If the owner or occupier of the place from which any intoxicating
liquor has been removed under subsection (1) is convicted of selling by
retail any intoxicating liquor that he is not authorised to sell by retail, or
is convicted of having in his possession intoxicating liquor that he is not
authorised to sell, any intoxicating liquor so removed, and the vessels
containing it, shall be forfeited.

(3) Where a police officer seizes any intoxicating liquor in pursuance of


a warrant issued under the provisions of this section, any person found
in the place at which such liquor was seized shall, unless he proves that
he is there for a lawful purpose, be guilty of an offence and liable to a
fine not exceeding sixty penalty units.

(4) Where a police officer seizes any liquor as aforesaid, and any person
so found, on being asked by a police officer for his name and address-

(a) refuses to give them; or

(b) gives a false name or address; or

(c) gives a name or address that the police officer has reasonable
grounds for thinking to be false, and refuses to answer satisfactorily any
questions put by such officer to ascertain the correctness of the name or
address;
shall be guilty of an offence and liable to a fine not exceeding one
hundred and fifty penalty units.

(5) A police officer may arrest without warrant any person whom he
suspects of having committed an offence under the provisions of
subsection (4)

(As amended by Act No. 13 of 1994)

79. (1) For the purposes of any provisions of this Act imposing a 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

(2) A notice served under the provisions of subsection (1) may be


served by registered post and in such case shall be deemed to be
properly addressed if it is addressed to any place that the owner has
specified to the authority keeping such register as his address or, if the
owner has not specified any such place, that the person serving the
notice believes to be the owner's address.

81. (1) Where on conviction of an offence a licence is forfeited, and the Temporary
person convicted appeals against such conviction, the convicting court licence pending
may, in its discretion and on such conditions, if any, as it thinks just, appeal
grant a temporary licence, without payment of fee, to be in force until
the appeal is determined or ceases to be prosecuted.

(2) A temporary licence granted under the provisions of subsection (1)


shall be of the same type and, in addition to any conditions imposed
under subsection (1), be subject to the same conditions as the licence
which is forfeited.

82. The Minister may from time to time, by statutory instrument, 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

1. Fees for the grant or renewal of a-


Fee units
Wholesale liquor licence 1,200
Retail liquor licence 800
Bar licence 800
Airport licence 600
Hotel liquor licence 1,000
Private hotel liquor licence 800
Restaurant licence 600
Railway restaurant car licence 150
Passenger vessel licence 300
Theatre licence 400
Club licence 400
Temporary licence: per twenty-four hours or part thereof 500
Restricted licence: one half of the fee prescribed above for
the appropriate full licence
Where any licence is granted on or after 1st July, one-half of the
appropriate fee prescribed above shall be payable in respect of the
period to the 31st December, next following.
2. For extension of the permitted hours under the provisions of section
twenty-seven of the Act, there shall be paid a fee of one thousand fee
units in respect of every hour or part thereof by which the permitted
hours are extended.
3. Fees for-
Fee units
Transfer of licence, other than a restricted passenger vessel
licence, Lake Kariba and other lakes 100
Transfer of a restricted passenger vessel licence for
vessels on Lake Kariba and other lakes 30
Removal licence 100
Inspection of a register 10
Consent of a Board under section fifty of the Act 20
A protection order 100
4. The fee payable upon an appeal to the tribunal shall be 400
(As amended by Act Nos 7 and 13 of 1994)
SUBSIDIARY LEGISLATION

LIQUOR LICENSING CAP. 167

SECTION 16 (2)-RESTRICTED LICENCES Government


Notice
328 of 1961

Notice by the Minister

It is hereby declared that the provisions of subsection (1) of section


sixteen of the Act shall apply to all areas of Zambia, other than-
(a) the City of Lusaka, the City of Kitwe and the City of Ndola;
(b) all municipalities;
(c) all townships;
(d) obsolete;
(e) any area within fifteen kilometres of the boundary of the City of
Lusaka, the City of Kitwe or the City of Ndola, any municipality, any
township or any mine township.

SECTIONS 17A AND 82-THE LIQUOR LICENSING Statutory


(PROHIBITION) REGULATIONS Instrument
75 of 1972

Regulations by the Minister

1. These Regulations may be cited as the Liquor Licensing Title


(Prohibition) Regulations.

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)

THE PRESCRIBED AREA

The whole of Zambia

SECOND SCHEDULE
(Regulation 2)

TYPES OF NEW LICENCES PROHIBITED


1. A retail liquor licence
2. A bar licence
SECTION 82-THE LIQUOR (PRESCRIBED AREAS) Statutory
REGULATIONS Instrument
437 of 1968

Regulations by the Minister

1. These Regulations may be cited as the Liquor (Prescribed Areas) Title


Regulations.

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

(a) Kitwe Central Area:


Starting at the intersection of the centre line of President Avenue and the
centre line of Oxford Road, the boundary follows the centre line of
Oxford Road in a westerly direction to its intersection with the centre
line of Chisokone Avenue; thence in a northerly direction along the
centre line of Chisokone Avenue to its point of intersection with the
production of the centre line of the service lane in the rear of Stand No.
28; thence in an easterly direction following the centre line of the
service lane and its production eastwards to the point of intersection
with the centre line of President Avenue; thence in a southerly direction
along the centre line of President Avenue to its intersection with the
centre line of Oxford Road, the point of starting.
(b) Parklands Shopping Centre:
Stands Nos. 640-645, 2564, 2934, 3634-3637, Freedom Way.

LIVINGSTONE

Starting at the intersection of the centre line of John Hunt Way


(Kingsway) with the centre line of Princess Street, the boundary follows
the centre line of Princess Street in a south-easterly direction to its
intersection with the production north-eastwards of the centre line of the
service lane between Stands Nos. 172 and 196; thence along the centre
line of the service lane in a south-westerly direction to the intersection
of its production with the centre line of Akapelwa Street (Sackville
Street); thence north-westwards along the centre line of Akapelwa
Street (Sackville Street) to its intersection with the production of the
centre line of the service lane between Stands Nos. 467 and 493; thence
along the centre line of the service lane in a south-westerly and westerly
direction to the intersection of its production with the centre line of
Mosi-oa-Tunya Road (Mainway); thence to the intersection of the
centre lines of Mutelo Street (Codrington Street) and John Hunt Way
(Kingsway); thence north-eastwards along the centre line of John Hunt
Way (Kingsway) to its intersection with the centre line of Princes Street,
the point of starting.

LUANSHYA

Starting at the intersection of the centre line of Zaune Avenue with the
centre line of Fourteenth Street, the boundary follows the centre line of
Fourteenth Street to a point opposite the north-east corner of Stand No.
17; thence along the northern boundaries of Stands Nos. 17, 18, 19, 524;
thence in a southerly direction along the eastern boundary of Stand No.
524 to the centre line of Buntungwa Avenue; thence in an easterly
direction along the centre line of Buntungwa Avenue to its intersection
with the centre line of Sixteenth Street; thence in a southerly direction
along the centre line of Sixteenth Street to a point on the boundary of the
Roan Antelope Branch Line Reserve; thence in a westerly direction
along the northern boundary of the Roan Antelope Branch Line Reserve
to its intersection with the centre line of Fifteenth Street; thence in a
northerly direction along the centre line of Fifteenth Street to its
intersection with the centre line of Zaune Avenue; thence in a westerly
direction along the centre line of Zaune Avenue to its intersection with
the centre line of Fourteenth Street, the point of starting.

LUSAKA

(a) Lusaka Central Area:


Starting at the intersection of the centre line of Ben Bella Road
(Williams Street) with the centre line of Lumumba Road (Connaught
Road), the boundary follows the centre line of Lumumba Road
(Connaught Road) in a north-westerly direction to its intersection with
the centre line of Kalambo Road (Coventry Street); thence along the
centre lines of Kalambo Road (Coventry Street) to its intersection with
the centre line of Cairo Road and Great East Road; thence along the
centre line of Great East Road to the western boundary of the Railway
Reserve; thence along the western boundary of the Railway Reserve in a
southerly direction to the centre line of Independence Avenue; thence
along the centre line of Independence Avenue to its intersection with the
centre lines of Cairo Road, Kafue Road and Ben Bella Road (Williams
Street); thence along the centre line of Ben Bella Road (Williams Street)
to its intersection with the centre line of Lumumba Road (Connaught
Road), the point of starting.
(b) Longaeres Shopping Centre:
Stands Nos. 2150, 2160-2169, 2422, 2658-2659, 4848 and 5234.
(c) Woodlands Shopping Centre:
Stands Nos. 1038, 1039, 1409, 1410, 2331, 3023.
(d) Chelston Shopping Centre:
The shops situated on Block No. 40.

MAZABUKA

Stands Nos. 3-11, 434, 435, 13, 153, 154, 15-21, 155, 156, 23-27, 164,
165, 29-33, 157, 158, 159, 160, 37, 140.

MUFULIRA

(a) Mufulira Central Area:


Starting at the intersection of the centre line of Pempuleni Avenue and
the centre line of Accra Street, the boundary follows the centre line of
Accra Street in a southerly direction to its intersection with the centre
line of Choba Avenue; thence in a westerly direction along the centre
line of Choba Avenue to its intersection with the centre line of
Buntungwa Street; thence in a northerly direction along the centre line
of Buntungwa Street to its intersection with the centre line of Pempuleni
Avenue; thence in an easterly direction along the centre line of
Pempuleni Avenue to its intersection with the centre line of Accra
Street, the point of starting.
(b) Kambalange Drive Shopping Centre:
Stands Nos. 532, 533, 534, 535, 536, 537 and 538 Kambalange Drive.

NDOLA

(a) Ndola Central Area:


(i) Starting at the intersection of the centre line of Broadway with the
centre line of St. David's Road, the boundary follows the centre line of
Broadway in an easterly direction to its intersection with the western
boundary of the Railway Reserve; thence in a southerly and
south-westerly direction along the western boundary of the Railway
Reserve to its point of intersection with the production of the centre line
of Moffat Road; thence in a south-westerly direction along the centre
line of Moffat Road and Chisokone Avenue to the intersection of the
centre line of Chisokone Avenue with the centre line of St. George's
Road; thence in a north-westerly direction along the centre line of St.
George's Road to its point of intersection with the production of the
centre line of the service lane in the rear of Stand No. 2953; thence in a
north-easterly direction following the centre line of the service lane to
the point of intersection of its centre line with the centre line of St.
David's Road; thence in a north-westerly and northerly direction along
the centre line of St. David's Road to its intersection with the centre line
of Broadway, the point of starting.
(ii) The premises numbered 162-230 in even numbers and 201-273 in
odd numbers situated in President Avenue.
(b) Kansenji Shopping Centre:
Stands Nos. 1774 and 2136 Kansenji.
SECTION 82-PRESCRIBED FORMS
Government
Notice by the minister Notices
41 of 1959
497 of 1964

The forms set forth in the Schedule are hereby prescribed for use in all
cases to which they are respectively applicable for the purposes of the
Act.
SCHEDULE
PRESCRIBED FORMS

FORM 1
(Front of Form)
THE LIQUOR LICENSING ACT

(Section 20 (1) and (2))


APPLICATION FOR THE GRANT OR RENEWAL OF A LIQUOR LICENCE
To (licensing authority) .......................................................................................................................................
I, (full names) .......................................................................................................................................................
(address) ..............................................................................................................................................................
hereby apply for the grant/renewal* of a† ...........................................................................................................
........................................................................................ licence in respect of the premises situate
at ..........................................................................................................................................................................
The person entitled, at the date of this application, to receive the rack-rent of the above premises
is............................................................................................................................................................................
............................................................................ of .............................................................................................
..............................................................................................................................................................................
*This application is made by me in my capacity as an employee of (state name and address of company, firm
etc.) ......................................................................................................................................................................
..............................................................................................................................................................................
..............................................................................................................................................................................
*I wish this application to be treated as an application for the grant of a restricted licence‡ of the type mentio
I hereby certify that I am not disqualified from being granted a licence under the provisions of section 19 of t
Licensing Act.§
The notices relating to this application required by section 20 (4) of the above mentioned Act were published i
dated................................................................................................................................................................ and
(insert name of newspaper) ...................................................................... dated
the .................................................................... and .............................................................................................
Dated the ............................................ day of ....................................... 19.........

..............................................................
(Signature of Applicant)

NOTES.-(This form should, except for the signature thereto, be completed in block capitals.)
* Delete where inapplicable.
† Insert type of licence required.
‡ See the provisions of section 16 of the Act set out overleaf.
§ The provisions of section 19 are set out overleaf. If the applicant comes within any of the prohibitions men
subsection (2) of that section, the consent of the Minister should accompany this application.
FORM 1
(Back of Form)

16. (1) Any person applying for a licence other than a wholesale liquor licence may, at his Restricted
request and subject to the provisions of this Act, be granted a restricted licence which licences
shall not authorise the sale of spirits but which shall otherwise have the effect of a licence
of the type granted.
(2) Notwithstanding the provisions of subsection (1), no restricted licence other than a
restricted hotel liquor licence, a restricted private hotel liquor licence or a restricted
passenger vessel licence shall be issued to any person who is not an employee of, or
authorised by, a local authority unless the Minister has, by statutory notice, declared that
the provisions of the said subsection have been applied to the area in which such premises
are situate.

19. (1) No licence shall be granted to- Restrictions


(a) any person who is under the age of twenty-one years; or upon grant
of licences
(b) a sheriff's officer or any other officer entrusted with the execution of the legal
Cap. 162
process of any court; or
(c) any person who has been convicted of forging a licence or of making use of a forged
licence knowing it to have been forged; or
(d) any person who has been convicted, whether under this Act or otherwise, of
permitting to be kept, or keeping, as a brothel premises for which at the time of such
conviction he held a licence; or
(e) any person who has been disqualified by a court from holding a licence while such
disqualification remains in force.
(2) No licence shall, without the consent of the Minister, be granted or transferred to-
(a) any person who does not reside within the Republic; or
(b) any person whose licence has been forfeited until after the expiration of five years
after the date of such forfeiture; or
(c) any person who has been convicted of an offence relating to the sale of intoxicating
liquor without a licence until after the expiration of five years after the date of such
conviction; or
(d) any person who has at any time been sentenced to imprisonment for any period
exceeding six months.
(3) No licence shall be granted or renewed to a company, society, partnership or other
association of persons:
Provided that nothing in this subsection shall be deemed to prevent the grant or renewal
of any licence to a person in the employ of such company, society, partnership or
association, and if any such employee to whom any such licence was granted or
renewed ceases to be employed in a position in which he is required to hold such
licence, his employer may take such steps for the transfer of the licence to some other
employee, as a licensee may take under the provisions of this Act for the transfer of his
licence to some other person.
(4) No temporary licence shall be issued in respect of the premises of a club registered
under the Clubs' Registration Act except for the purposes of a function to be held in the
club in aid of charity or for the furtherance of sporting or cultural activities forming part
of the objects of the club:
Provided that, where the licensing authority is satisfied that there are no other suitable
premises available, it may at its discretion issue a temporary licence in respect of any
function to be held on the premises of such club.
FORM 2
THE LIQUOR LICENSING ACT

(Section 20 (4) and (6))

NOTICE OF INTENTION TO APPLY FOR GRANT OR RENEWAL


OF A LIQUOR LICENCE

Notice is hereby given that (full names)


of (address)
intends to apply to the Provincial Licensing Board of the
Province for the grant/renewal* of a† licence
in respect of the premises situate at.

Notices and other documents may be served on the above named at the above/following address*

NOTES. - * Omit where inapplicable.


† Insert type of licence required.
FORM 3
(Front of Form)

THE LIQUOR LICENSING ACT

(Section 31 (2))

APPLICATION FOR THE REMOVAL OF A LIQUOR LICENCE

To the Provincial Licensing Board, ................................................................................................................ Pr


I, (full names) .......................................................................................................................................................
of (address) ..........................................................................................................................................................
hereby apply for the removal of the* ...................................................................................................................
licence, Licence Number .................................. at present in force in respect of the premises situate
at ..........................................................................................................................................................................
..............................................................................................................................................................................
from the said premises to the premises situate at.................................................................................................
..............................................................................................................................................................................
The person entitled, at the date of this application, to receive the rack-rent of the last-mentioned premises
is............................................................................................................................................................................
of...........................................................................................................................................................................
†This application is made by me in my capacity as an employee of (state name and address of company, firm
etc.) ......................................................................................................................................................................
..............................................................................................................................................................................
I hereby certify that I am not disqualified from being granted a licence under the provisions of section 19 of t
Licensing Act.
‡The notices in relation to this application required by section 20 (4) of the above mentioned Act were publis
Gazette dated .................................................... and in the (insert name of
newspaper) .................................................................... dated
the .......................................................... .and ........................................
Dated the ................................................ day of ....................................................19........

...............................................................
(Signature of Applicant)

NOTES. (This form should, except for the signature thereto, be completed in block capitals.)
*State type of licence held.
†Delete if inapplicable.
‡The provisions of section 19 are set out overleaf. If the applicant comes within any of the prohibitions
subsection (2) of that section, the consent of the Minister should accompany this application.
FORM 3
(Back of Form)

19. (1) No licence shall be granted to- Restrictions


(a) any person who is under the age of twenty-one years; or upon grant
of licences
(b) a sheriff's officer or any other officer entrusted with the execution of the legal Cap. 162
process of any court; or
(c) any person who has been convicted of forging a licence or of making use of a forged
licence knowing it to have been forged; or
(d) any person who has been convicted, whether under this Act or otherwise, of
permitting to be kept, or keeping, as a brothel premises for which at the time of such
conviction he held a licence; or
(e) any person who has been disqualified by a court from holding a licence while such
disqualification remains in force.
(2) No licence shall, without the consent of the Minister, be granted or transferred to-
(a) any person who does not reside within the Republic; or
(b) any person whose licence has been forfeited until after the expiration of five years
after the date of such forfeiture; or
(c) any person who has been convicted of an offence relating to the sale of intoxicating
liquor without a licence until after the expiration of five years after the date of such
conviction; or
(d) any person who has at any time been sentenced to imprisonment for any period
exceeding six months.
(3) No licence shall be granted or renewed to a company, society, partnership or other
association of persons:
Provided that nothing in this subsection shall be deemed to prevent the grant or renewal
of any licence to a person in the employ of such company, society, partnership or
association, and if any such employee to whom any such licence was granted or
renewed ceases to be employed in a position in which he is required to hold such
licence, his employer may take such steps for the transfer of the licence to some other
employee, as a licensee may take under the provisions of this Act for the transfer of his
licence to some other person.
(4) No temporary licence shall be issued in respect of the premises of a club registered
under the Clubs' Registration Act except for the purposes of a function to be held in the
club in aid of charity or for the furtherance of sporting or cultural activities forming part
of the objects of the club:
Provided that, where the licensing authority is satisfied that there are no other suitable
premises available, it may at its discretion issue a temporary licence in respect of any
function to be held on the premises of such club.
FORM 4
THE LIQUOR LICENSING ACT

(Sections 20 (4) and (6) and 31 (2))

NOTICE OF INTENTION TO APPLY FOR THE REMOVAL OF A


LIQUOR LICENCE

Notice is hereby given that (full names)...............................................................................................................


..............................................................................................................................................................................
of (address)...........................................................................................................................................................
..............................................................................................................................................................................
intends to apply to the Provincial Licensing Board of the.....................................................................................
Province for the removal of the .............................................................. licence at present in force in respect o
premises situate at.................................................................................................................................................
to the premises situate at ......................................................................................................................................
Notices and other documents may be served on the above named at the above/following
address..................................................................................................................................................................
FORM 5
The Liquor Licensing Act
(Section 32)
Licence Register
(Other than Temporary Licences)

Licence No ..................................................... Type of Licence ................................................


Date of Grant ..........................................................................................

Full Names ofLicensee Date of Transfer Premises in respect of 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

THE TRADITIONAL BEER ACT

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

CHAPTER 168 11 of 1930


36 of 1933
TRADITIONAL BEER 48 of 1940
32 of 1941
An Act to make provision for regulating the sale, 30 of 1950
manufacture and possession of traditional beer; and to 25 of 1953
provide for matters incidental thereto or connected 7 of 1955
therewith. 45 of 1958
47 of 1963
[11th April, 1930] 57 of 1964
25 of 1969
Government
Notices
304 of 1964
497 of 1964
502 of 1964
Act No.22 of
1972
6 of 1974
13 of 1994

1. This Act may be cited as the Traditional Beer Act. Short title
(As amended by No. 25 of 1969)

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

"Board" means a Board appointed under section four, and includes and
shall be deemed always to have included any person so appointed as a
Board;

"local authority" means a municipal council, township council or board;

"malt" includes any kind of grain or other vegetable product in process


of fermentation;

"traditional beer" means-

(a) the drink which is brewed from grain or other vegetable matter
and is commonly known as local beer, Lusaka beer, bwalwa, mowa,
lwalwa, bucwala, bukoko or chibuku;

(b) honey beer; and

(c) such other intoxicating liquor as the Minister may by statutory


notice prescribe.
(As amended by No. 30 of 1950, No. 45 of 1958
and No. 25 of 1969)

3. Save as in section four provided, the sale by any person of Restriction on


traditional beer is prohibited- sale of
(a) in any area declared to be municipality or township under the traditional beer
Local Government Act; and Cap. 281
(b) in any area defined by regulations made under paragraph (b) of
section four.
(No. 32 of 1941)

4. The Minister may by regulations- Regulations as


(a) in respect of any area declared to be municipality or township to sale,
under the Local Government Act- manufacture,
etc., of
traditional beer.

(i) prohibit or restrict the making, possession, introduction or


removal of traditional beer save as may be prescribed by such
regulations;

(ii) authorise the manufacture, possession and sale of traditional


beer by the local authority of any municipality or township or by any
person acting under the immediate supervision of the local authority;
(b) in respect of any other area or portion of Zambia, to be defined in
such regulations-

(i) appoint a Board for such area;

(ii) prohibit or restrict the making, possession, introduction or


removal of traditional beer save as may be prescribed by such
regulations;

(iii) authorise the manufacture, possession and sale of traditional


beer by the Board appointed for such area or by any person acting under
the authority of such Board;
(c) declare any area, other than the areas mentioned in paragraph (a)
or defined by regulations made under paragraph (b), to be a guard area
and in respect of such area prohibit, control or restrict the sale of
traditional beer.
(As amended by No. 48 of 1940, No. 32 of 1941, No. 25 of 1953, No. 45
of 1958, G.N. No. 304 of 1964 and No. 25 of 1969)

5. No person shall supply traditional beer to any person already Inebriated


inebriated from the effects of drinking. person not to be
(As amended by No. 25 of 1969) supplied
6. Repealed by Act No. 22 of 1972. Prohibition of
kachasu

6A. It shall be unlawful for any person to prepare, use, possess,


dispense, sell or expose for sale, the intoxicating liquor, by whatever
name called, which is obtained through a process of distillation and is
commonly known as kachipembe, kachasu, kapuli or lutuku.
(No. 42 of 1974)

7. (1) No person carrying on the business of a licensed trader or selling No licensed


or exposing for sale any article of food or drink shall, unless authorised trader except
under subsection (2), keep, supply or cause to be supplied any under permit to
traditional beer either at the place where such business is carried on or in supply any
connection with any transaction having relation to the said business. traditional beer

(2) No person shall brew and supply traditional beer in the form of
rations to persons in his employ unless he is in possession of a valid
permit.

(3) The Minister may, by statutory instrument, make regulations


governing the issue of such permit and the conditions under which the
same may be granted, suspended, refused or cancelled and also
governing the conditions under which traditional beer may be supplied
by employers to persons in their employ.
(As amended by G.N. No. 304 of 1964 and No. 25 of 1969)

8. (1) Any beer or malt or the apparatus, utensils or materials for Seizure of
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.

(2) If the owner of any articles so seized cannot be ascertained, they or


their proceeds may be confiscated seven days after seizure unless sooner
claimed.
(As amended by No. 36 of 1933)

9. Any Administrative Officer or police officer of or above the rank of Entry on


Sub-Inspector or, if authorised thereto by any of the foregoing, any premises
member of the Zambia Police Force may enter upon any premises upon
which there is reasonable ground for suspecting that there is traditional
beer or malt or the apparatus, utensils or materials for making the same
contrary to this Act or any regulations made thereunder.
(As amended by No. 47 of 1963, G.N. No. 502 of 1964 and No. 25 of
1969)

10. Any person contravening this Act or any regulations made 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

FIRST SCHEDULE-Local authorities authorised to make, possess and


sell traditional beer

SECOND SCHEDULE-Boards authorised to make, possess and sell


traditional beer

THIRD SCHEDULE-Boards authorised to issue permits to make,


possess or introduce traditional beer

FOURTH SCHEDULE-Authorities authorised to issue permits to sell


traditional beer in guard areas

FIFTH SCHEDULE-Traditional beer ration permit

SECTIONS 4 AND 7-THE TRADITIONAL BEER Government


REGULATIONS Notices
Regulations by the Minister 195 of 1933
109 of 1934
78 of 1935
99 of 1936
122 of 1936
16 of 1938
102 of 1938
106 of 1939
118 of 1939
167 of 1939
224 of 1945
73 of 1947
110 of 1947
23 of 1949
46 of 1949
254 of 1949
30 of 1950
197 of 1950
200 of 1951
26 of 1952
74 of 1952
101 of 1952
223 of 1952
60 of 1953
234 of 1953
316 of 1953
18 of 1954
39 of 1954
85 of 1954
223 of 1954
324 of 1954
87 of 1955
191 of 1955
279 of 1955
95 of 1956
128 of 1956
258 of 1956
275 of 1956
251 of 1957
250 of 1958
342 of 1958
202 of 1960
213 of 1960
269 of 1960
105 of 1962
304 of 1964
502 of 1964
Statutory
Instruments
91 of 1965
286 of 1965

PART I
GENERAL
1. These Regulations may be cited as the Traditional Beer Regulations. Title

2. In these Regulations, unless the context otherwise requires- Interpretation

"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) Any Board or other authority authorised to issue permits may


change such fees as may from time to time be approved by the Minister.
(As amended by No. 224 of 1945, 60 of 1953
and 304 of 1964)

4. Save as in Parts II, III and IV provided, no person shall- Prohibition on


(a) at any place within an area make, sell or be in possession of any making, etc., of
traditional beer; traditional beer

(b) introduce or cause to be introduced into an area any traditional


beer.

5. (1) The areas set out in the Fourth Schedule are hereby declared to be Guard areas
guard areas.

(2) No person shall sell traditional beer within a guard area unless he is
in possession of a permit authorising him to sell traditional beer within
such area.

(3) Such permit shall specify the name of the person so authorised, and
the permit authority may limit the quantity of traditional beer to be sold
and may impose any other conditions in regard thereto as it may think
fit.

(4) Such limitation of quantity and such conditions shall be endorsed on


the permit and any breach or non-observance thereof shall be deemed to
be a contravention of these Regulations.
(No. 224 of 1945)

PART II
SALE OF TRADITIONAL BEER
6. This Part shall apply only to the areas specified in the First and Application of
Second Schedules. Part II

7. For the purposes of this Part- Interpretation


for purposes of
Part II

"Board" means, in respect of any area set out in the First Schedule, the
local authority and, in respect of any area set out in the Second
Schedule, a Board appointed under the provisions of sub-regulation (2)
of regulation 3.

8. Where traditional beer may be sold by any Board, the manufacture, 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)

9. (1) Traditional beer shall- Conditions of


sale

(a) be sold for cash only and at a price to be fixed by the Board;

(b) not be sold except by or in the presence of the person in charge


of the place where traditional beer is sold;

(c) spent;

(d) not be supplied to anyone apparently under the age of sixteen


years or to anyone already under the influence of liquor;

(e) be consumed only in a place where traditional beer is sold and


not be removed therefrom without the special permission of the Board.
(2) Spent.
(As amended by No. 101 of 1952, 60 of 1953
and 85 of 1954)

PART III
PERMITS TO MANUFACTURE,
ETC., TRADITIONAL BEER
10. This Part shall apply to the areas specified in the First, Second and Application of
Third Schedules. Part III
(No. 60 of 1953)

11. For the purposes of this Part- Interpretation


for purposes of
Part III

"Board" means the authority or any of the Boards set out in the third
column of the Schedules to which this Part applies.
(No. 60 of 1953)

12. (1) The Board or some person authorised by the Board may issue or Permits
cause to be issued a permit authorising any person to make, be in
possession of or introduce traditional beer within an area.

(2) Such permit shall specify the name of the person so authorised, and
the Board may limit the quantity of traditional beer to be made,
possessed or introduced, and may impose any other conditions in regard
thereto as it may think fit.

(3) Such limitation of quantity and such conditions shall be endorsed on


the permit and any breach or non-observance thereof shall be deemed to
be contravention of these Regulations.
PART IV
TRADITIONAL BEER RATIONS
13. No employer shall brew and supply traditional beer in the form of Traditional beer
rations to persons in his employ unless he is in possession of a ration permit
traditional beer ration permit (hereinafter in this Part called a "permit")
in the form contained in the Fifth Schedule.

14. (1) Permits shall only be granted by a Resident Secretary, and the Granting of
granting or refusal thereof shall be in his absolute discretion. permits

(2) An application for a permit shall be made by the employer to an


Administrative Officer stationed in the District in which the employees
are working and shall be forwarded by the Administrative Officer with
his recommendation to the Permanent Secretary of the Province within
which such District is situate.

(3) Every permit shall expire on the 31st December next following the
day of issue.

(4) No fee shall be charged for the issue of a permit.

(5) The Permanent Secretary may, if he thinks fit, without assigning any
reason, revoke a permit at any time.
(As amended by No. 502 of 1964)

15. Every employer to whom a permit has been issued shall set aside 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.

(2) No traditional beer shall be supplied to any employee apparently


under the age of sixteen years.

(3) Traditional beer supplied as rations shall be supplied free of charge,


and no deduction from wages shall be made in respect of such supply.

(4) No employee shall be supplied with a traditional beer ration


exceeding 1 litre a week.

(5) The date of supply of traditional beer ration shall be marked on the
employee's ticket.

(6) The brewing and supply of traditional beer shall be under the
personal supervision of a duly authorised person.

(7) The brewery premises and all utensils and receptacles used for the
brewing and supply of traditional beer shall be kept in a clean and
sanitary condition.

18. Every employer to whom a permit has been issued shall at all times Inspection of
allow any Administrative Officer, police officer of or above the rank of brewery
Sub Inspector, Medical Officer or Sanitary Inspector full access to all premises
parts of the brewery premises for the purpose of inspection.
(As amended by No. 502 of 1964 and
No. 91 of 1965)
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

(Regulations 2, 3, 6, 7, 10 and 11)

LOCAL AUTHORITIES AUTHORISED TO MAKE,


POSSESS AND SELL TRADITIONAL BEER

Area Definition of Area Local Authority


Chipata Beer Area. . All that portion of the Chipata District Chipata
Township Council
contained within the limits of the
Chipata Township Area
SECOND SCHEDULE

(Regulations 2, 3, 6, 7, 10 and 11)

BOARDS AUTHORISED TO MAKE, POSSESS AND


SELL TRADITIONAL BEER

Area Definition of Area Board


Butondo Beer Area. .Butondo Township .. .. .. ..
Butondo Township

Management Board
Chambishi Beer Area . .Chambishi Township ..
.. .. . .Chambishi Townshi
Council
Chililabombwe Beer Chililabombwe Township and the Bancroft
Chililabombwe Township
Area Township Council
Chingola Beer Area . . 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

*A description of the areas of these former townships is contained in the


Declaration of Townships made under section 3 of the Townships Act,
Chapter 120 of the 1963 Edition of the Laws.
Area Definition of Area Board
Kitwe Beer Area . . Starting at the confluence of the Mwambashi
City Council of Kitwe
Stream with the Kafue River, down the
Kafue River to its confluence with the
Chibuluma Stream to a point where it
intersects the boundary of Nkana C2 area;
thence to the corner of the area at Beacon
Ru83; thence in a north-easterly direction
along the boundary of Nkana areas C2, C3
and Nkana North Land and Mineral Area to
Beacon No. L506 on the Mufulira-Roan
Antelope Mine Power Line; thence along the
power line in a northerly direction to the
point where it crosses the Mwambashi
Stream; thence down the Mwambashi
Stream to the point of starting.
Livingstone Beer Area Livingstone Municipal Area . .
. . . .Municipal Council of
Livingstone
Luanshya Beer Area . .Luanshya Municipal Area and Roan
Municipal Council of
Antelope Mine Township Area Luanshya
Lusaka Beer Area. . That part of the Lusaka District described in
City Council of Lusaka
Proclamation No. 2 of 1950 as Lusaka
Urban District
Mansa Beer Area Mansa Township Mansa
Township Council
Mazabuka Beer Area All that
portion of the Mazabuka District Mazabuka
Township
lying within a radius of 8 kilometres of the
Council
Government Offices at Mazabuka
Mbala Beer Area . . Mbala Township. . .. .. . . Mbala
Township Council
Mkushi Beer Area. . *Mkushi .. .. .. . . District
Secretary, Mkushi,
or his
representative
Monze Beer Area. . All that portion of the Mazabuka District
Monze Township Council
lying within a radius of five miles of the
Monze Railway Station
Mpatamatu Beer Area Mpatamatu Township. . ..
. . . .Mpatamatu Township

Management Board
Mufulira Beer Area Mufulira Municipal Area and Mufulira
Municipal Council of
Township Area Mufulira
Mumbwa Beer Area . . *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

*A description of the areas of these former townships is contained in the


Declaration of Townships made under section 3 of the Townships Act,
Chapter 120 of the 1963 Edition of the Laws.
THIRD SCHEDULE

(Regulations 2, 3 and 10)

BOARDS AUTHORISED TO ISSUE PERMITS TO


MAKE, POSSESS OR INTRODUCE TRADITIONAL
BEER

Area Definition of Area Board


Broken Hill Mine All that portion, lying within and contiguous
District Secretary, Kabwe
Farms Beer Area to the eastern boundary of the Zambia Urban
District, or his
Borken Hill Mineral Area, known as the
representative
Katondo Eastern Farms, numbering 444
five-acre plots in all; and all that portion,
lying within and contiguous to the northern
and western boundaries of the Zambia
Broken Hill Mineral Area, known as the
Makalulu Western Farms, numbering 489
five-acre plots in all. The areas described
above are shown bordered red upon a Plan
No. 2/17/19 deposited with the Surveyor-
General and the District Secretary, Kabwe
Urban District
Bwana Mkubwa Beer All that
portion of the Ndola Urban District District
Secretary, Ndola Area
lying within a radius of 4.8 kilometres of
Urban District, or his
the Railway Station at Bwana Mkubwa
representative
Chililabombwe District The
Chililabombwe District, but excluding District
Secretary,
Beer Area the Chililabombwe Beer Area
Chililabombwe, or his

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

*A description of the areas of these former townships is contained in the


Declaration of Townships made under section 3 of the Townships Act,
Chapter 120 of the 1963 Edition of the Laws.
Area Definition of Area Board
Lunsemfwa Beer Area Farm No.
1483 "Lunsemfwa Falls Power District
Secretary, Mkushi,
Area" or his
representative
Lunzuwa Beer Area All that portion of the Mbala District lying
Senior Agricultural Officer,
within a radius of 4.8 kilometres of the
Lunzuwa, or his
Office of the Lunzuwa Agricultural Station
representative
Luwingu Beer Area . . *Luwingu .. .. .. ..
District Secretary,
Luwingu, or
his

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

*A description of the areas of these former townships is contained in the


Declaration of Townships made under section 3 of the Townships Act,
Chapter 120 of the 1963 Edition of the Laws.
FOURTH SCHEDULE

(Regulations 2, 3 and 5)

AUTHORITIES AUTHORISED TO ISSUE PERMITS


TO SELL TRADITIONAL BEER IN GUARD AREAS

Area Definition of Area Authority


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

(Regulation 13)

TRADITIONAL BEER RATION PERMIT

Permission is hereby granted to.......................................to brew and


supply traditional beer in the form of rations to the persons in his employ
at............................................
This permit expires on the 31st December, 19.......
Date................................
Permnent Secretary
SECTION 4-THE TRADITIONAL BEER (FARMS) Government
REGULATIONS Notices
115 of 1950
Regulations by the Minister
196 of 1950
307 of 1951
19 of 1954
325 of 1954
257 of 1956
106 of 1962
Statutory
Instrument
91 of 1965

1. These Regulations may be cited as the Traditional Beer (Farms) Title


Regulations.

2. In these Regulations, unless the context otherwise requires- Interpretation

"Board" means any person or body of persons described in the third


column of the Schedule;

"scheduled area" means any area described in the Schedule.

3. The making and the possession of traditional beer in the scheduled 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:

Provided that no employer shall issue a permit to authorise the making


and/or possession of traditional beer during any period exceeding an
amount equal to 6.75 litres of traditional beer per head of the persons in
his employ.
5. Every such permit shall be in such form as the Board authorising its Form and
issue may prescribe and, whether issued or not, shall be open to inspection of
inspection at any time by an Administrative Officer or police officer of permits
or above the rank of Sub-Inspector.
(As amended by No. 91 of 1965)

6. A Board may in its discretion revoke any authority to issue permits Revocation of
issued under regulation 4 by giving written notice of such revocation to authority to
the person authorised to issue such permits. issue permits

7. Any person who issues a permit to make and/or possess traditional Offence to issue
beer without being duly authorised in that behalf, or who issues a permit permit without
for the making and/or possession of traditional beer in excess of the authority
quantity permitted by or under these Regulations shall be guilty of an
offence under the Act.

8. Any person who makes or is in possession of traditional beer Offence to


contrary to the provisions of these Regulations shall be guilty of an make or be in
offence under the Act and may be arrested without warrant by any police possession of
officer, district messenger or person authorised under regulation 4 to traditional beer
issue permits. without permit
SCHEDULE
(Regulation 2)

SCHEDULED AREAS

Area Extent of Area Board


Chipata Farms Area . . All that area
within the Chipata District District
Secretary, Chipata
which is not included in Reserves, Trust
Land or the Chipata Beer Area
Chisamba Farms Area Starting at
Beacon ID68, the north eastern District
Secretary, Kabwe
corner of Farm No. 2563, the boundary
Rural District
of this area proceeds eastwards along the
Katungwe Dambo to the headwaters
of the Mwomboshi River; thence
eastwards along the Mwomboshi River to
the point where the Mwomboshi River
intersects the western boundary of
Farm No. 1029 near Beacon T240; thence
northwards along the western boundary of
Farm No. 1029 to Beacon T232; thence
eastwards along the northern boundaries
of Farms No. 1029 and 1030 to Beacon
T236, the north-eastern corner of Farm
No. 1030, to the point where this boundary
meets the Mwomboshi River; thence
eastwards along the Mwomboshi River to
the boundary of the Luano-Lala Reserve
No. XIV; thence southwards and eastwards
along this boundary to the point at which it
meets the boundary of Trust Land No. V;
thence in a southerly direction following
this latter boundary to the point at which
it meets the Kabwe Rural/Lusaka District
boundary; thence westwards along that
boundary to the railway line; thence
southwards following the western side of
the railway line to Beacon Y431 on the
north-eastern corner of Farm No. 1148;
thence westwards along the northern
boundary of Farms Nos. 1148 and 1149 to
Beacon Y431 on the north-western corner
of Farm No. 1149; thence in a north-
westerly direction following the boundary
of the Lenje Reserve No. XV and
continuing along that boundary to Beacon
C884, the north-western beacon of Farm
No. 2161; thence in an easterly direction
following the northern boundaries of
Farms Nos. 2161, 2157 and 2563 to
Beacon ID68, the point of starting.
Included within the boundaries thus
defined but excluded from the area are the
Chisamba Beer Area and the Norwood
Farm Beer Area
Choma Farms Area . . All State
Land in the Choma District Ditrict
Secretary, Choma
excluding the Choma, Pemba and
Heatherwood Farm Beer Areas and Area
IV known as the Kasiya Block
administered by Chief Siamaundu
Kabwe Farms Area. . The Kabwe
Urban District excluding the District
Secretary, Kabwe
Kabwe Beer Area and the Mukobeko Urban
District
Guard Area
Kalomo Farms Area . . All that area
within the Kalomo District District
Secretary, Kalomo
which is not included in Reserves, Trust
Land or the Kalomo or Zimba Beer Areas
Kitwe Farms Area. . Starting at the confluence of the District
Secretary, Kitwe
Musenga and Mwambashi Streams, the
boundary follows in a straight line
south-eastwards to Beacon R.U.183
(western beacon of the Nkana Special
Grant Area C.2); thence north-eastwards
through Beacons Z.626, N.365 to N.366
(north-east corner beacon of Farm No.
840 Nkana North Land and Mineral Area);
thence north-eastwards to Beacon L.506
of the Mufulira-Roan Antelope Power Line
strip; thence south-east along the eastern
edge of the Power Line strip to Beacon
L.508 on the north-western boundary of
Farm No. 841, Kitwe; thence north-
eastwards in a straight line along the
north-western boundary of this farm
hrough Beacon V.R.54 to the inner edge
of the Kafue River; thence down the inner
edge of the Kafue River to its confluence
with the Baluba River; thence it follows
the Kitwe District boundary eastwards,
northwards and westwards to the point
of starting
Livingstone Farms The Livingstone District but excluding District
Secretary,
Area the Livingstone Beer Area Livingstone
Lusaka Farms Area . . The Lusaka District, excluding- District
Secretary, Lusaka
(a) Reserves;
(b) Trust Land;
(c) declared Beer Areas
Mazabuka Farms Area The Mazabuka Road Board Area established
District Secretary,
under the Roads and Vehicles Act, Chapter
Mazabuka
174 of the 1960 Edition of the Laws,
excluding-
(a) Reserves;
(b) Trust Land;
(c) the Mazabuka Beer Area as
defined in the Second Schedule
to the Traditional Beer Regulations;
and
(d) the area occupied by the
Government Veterinary Research
Station
Mkushi Farms Area . . The Mkushi
State Lands Block together District
Secretary, Mkushi
with Farms 595, 596, 922, 923, 101a, 102a,
and that portion of land alienated to the
Mkushi River Trading Company
Ndola Farms Area. . The Ndola Urban District, excluding the
District Secretary, Ndola
Ndola Municipal Area, the Twapia Urban
District
Township Area, and the area of Farm Njo
CHAPTER 169

THE RADIO COMMUNICATIONS ACT

ARRANGEMENT OF SECTIONS

PART I
PRELIMINARY

Section
1. Short title
2. Interpretation
3. Application

PART II
FUNCTIONS OF COMMUNICATIONS AUTHORITY

4. General supervision and control of radiocommunications


5. Approval of sites, allocations of frequencies, etc.

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

14. Notice to be given of certain works


15. Unauthorised disclosure of messages
16. Obstruction of radio transmissions
17. Powers of inspection
18. Miscellaneous offences
19. Forfeiture of equipment
Section
20. Regulations
21. Repeal and savings
SCHEDULE-Classification of Radio Stations

CHAPTER 169

RADIO COMMUNICATIONS Act No.


25 of 1994
An Act to regulate the provision of radiocommunication services; to 13 of 1994
provide for the functions of the Communications Authority in
connection with radiocommunications; to repeal the
Radiocommunications Act; and to provide for matters connected with or
incidental to the foregoing.

[3rd June, 1994

PART I
PRELIMINARY

1. This Act may be cited as the Radiocommunications Act. Short title

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

"aircraft station" has the meaning ascribed to it in the Schedule to this


Act;

"amateur radio station" has the meaning ascribed to it in the Schedule to


this Act;

"Authority" means the Communications Authority established under the Cap. 469
Telecommunications Act;
"Board" means the Board of Regulators appointed under the Cap. 469
Telecommunications Act;

"broadcaster" means a person licensed to operate a broadcasting service Cap. 154


under the Zambia National Broadcasting Corporation Act or any Act
amending or replacing that Act;

"broadcasting service" means a radiocommunication service for


reception by members of the general public;

"broadcasting station" means a transmitting station used for the purpose


of carrying on a broadcasting service;

"certificate of competency" means a certificate in force under section


ten;

"Convention" means the International Telecommunication Convention


signed at Nairobi on 6th November, 1982 or any other international
telecommunication convention to which the Government is from time to
time a party, and includes in either case any regulations or other
subordinate instruments or provisions annexed thereto or made
thereunder;

"dealer" means a person who carries on a trade, business or industry in


which transmitting stations or their component parts are assembled,
manufactured, imported, bought, sold or exchanged or offered or
exposed for sale or exchange;

"diffusion" has the meaning ascribed to it in the Zambia National Cap. 154
Broadcasting Corporation Act or any Act amending or replacing that
Act;

"distress call" means a radiocommunication concerning safety of life on


land, at sea or in the air;

"generating apparatus" means apparatus-

(a) generating or designed to generate; or

(b) liable to generate fortuitously;


Hertzian waves of a frequency or kind prescribed by regulation;

"harmful interference" means radiation, conduction or any other


electromagnetic effect which-

(a) prevents or impedes, or persistently or repeatedly interrupts, a


radiocommunication service carried on in accordance with the
provisions of this Act or of the Convention; and

(b) is not caused by the working of a transmitting station in


accordance with the provisions of this Act;

"Hertzian waves" means electromagnetic waves of frequency not less


than ten Hertz and not more than three million megaHertz;

"licence" means a licence in force under this Act and "licenced" and
"licensee" have corresponding meanings;

"mobile station" has the meaning assigned to it in the Schedule to this


Act;

"radio station" means a receiving station or a transmitting station, or a


receiving and transmitting station;

"radio station apparatus" means any apparatus, equipment, instrument,


pole, mast, standard, wire, cable, thing or means whatsoever designed,
constructed or adapted for use in connection with, or for the purpose of
conveying electrical energy to, a radio station;

"radiocommunication" means the transmission and reception of sounds,


graphic images or impulses wholly or partly by means of Hertzian
waves;

"radiocommunication service" means a service whose primary activity


is the transmission or reception of radiocommunications;

"receiving station" means apparatus designed, constructed or adapted


for use for the reception of radiocommunications;

"ship station" has the meaning ascribed to it in the Schedule to this Act;
"telecommunication officer" has the same meaning as in the Cap. 469
Telecommunications Act.

"transmitting station" means apparatus (other than generating apparatus)


designed, constructed or adapted for use for the transmission or
emission of radiocommunications.

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

FUNCTIONS OF COMMUNICATIONS AUTHORITY

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

(2) The Authority is hereby authorised to undertake and carry on any


works or activities that, for persons other than the Authority, would by
virtue of this Act require a licence.

5. (1) Subject to subsection (3), the Minister, on the advice of the 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

(b) allocate the frequencies on which all radio transmitting stations


and all apparatus referred to in paragraph (a) of the definition of
"generating apparatus" in section two shall be worked; and

(c) approve-
(i) the mode of transmission to be adopted in connection with all
transmitting stations and the power to be radiated therefrom;
(ii) the classes, types and standards of transmitting stations and radio
station apparatus to be used in connection with different classes of
radiocommunication services; and
(iii) the classes, types and standards of receiving stations and radio
and other apparatus to be used in connection with diffusion services.

(2) In exercising the powers conferred upon him by paragraph (b) of


subsection (1) or sub-paragraph (i) of paragraph (c) of that subsection,
the Minister shall have regard to the provisions of the Convention.

PART III

LICENCES AND CERTIFICATES

6. (1) Any person may apply to the Authority for a licence under this 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.

(4) The Authority may, without charge, issue a temporary licence


authorising a person to be in possession of and to operate a radio station
in accordance with this Act for a limited period on condition that the
station is not used for the purpose of carrying on a radiocommunication
service and on such other conditions as are attached to the licence.

7. (1) A licence is subject to such conditions as the Authority may Conditions of


specify in the licence when it is granted and to such other conditions as licences
the Minister, on the advice of the Authority, may by regulation
prescribe.

(2) Without limiting the generality of subsection (1), the conditions of a


licence may-

(a) specify the site or sites at which any radio station or radio
stations to be operated under the authority of the licence are to be
located and regulate the manner of their installation;

(b) specify the kind of radio station authorised by the licence and
regulate the type and standard of radio station apparatus to be used in
any such radio station;

(c) specify the frequency at which transmissions from any such


radio station are to be made and the mode of effecting any such
transmissions;

(d) require the payment to the Authority of a fee on grant of the


licence and of annual or other periodic licence fees;

(e) require the licensee or any other person concerned in providing


any service authorised by the licence to furnish to the Authority such
documents, accounts, returns, estimates and other information as the
Board considers necessary for the purposes of exercising or performing
the powers and functions of the Authority under this Act;

(f) require the licensee to refer specified matters to the Authority for
determination;
(g) require the licensee to comply with directions given by the
Authority from time to time in relation to specified matters;

(h) provide for arbitration of disputes arising in connection with the


terms and conditions of, or otherwise concerning, the licence; and

(i) require and regulate the payment of fines and penalties by the
licensee for breaches of any specified terms and conditions of the
licence.

(3) It shall be deemed to be a condition of every licence that the licensee


shall comply with the provisions of the convention, to the extent that it
applies to the licensee's activities.

(4) In the event of any inconsistency between conditions imposed by


the Authority on a licence when it is granted and conditions imposed
thereon by the regulations, the provisions imposed by the regulations
shall prevail to the extent of the inconsistency.

8. (1) A licence remains in force (unless sooner revoked or suspended) Duration of


for the period specified in the licence but shall, subject to this Act, be licences
renewed on its expiry on payment to the Authority of such fees as the
Minister, on the advice of the Authority, may by statutory instrument
prescribe.

(2) A temporary licence is renewable at the discretion of the Authority


on such terms as it considers appropriate.

9. A licence shall not be capable of being bought, sold, leased, Licences not
mortgaged or charged or in any manner assigned, demised or transferable
encumbered.

10. On application in writing and on payment of such fees as the Certificate of


Minister, on the advice of the Authority, may by regulation prescribe, competency to
the Authority may issue a certificate of competency to a person who operate amateur
appears to the Authority to hold the qualifications and experience radio station
prescribed by regulation as being necessary for operating an amateur
radio station.
11. (1) A person who, not being the holder of a licence authorising him Unauthorised
to do so- activities

(a) operates a radio station of a kind specified in the Schedule to this


Act or has possession or control of such a radio station; or

(b) not being a broadcaster, operates a radio station of a kind other than
a kind specified in the Schedule to this Act or has possession or control
of such a radio station; or

(c) provides a radiocommunication service;


shall be guilty of an offence.

(2) A person who, not being the holder of a certificate of competency


that authorises him to do so, operates an amateur radio station or has
possession or control of such a radio station shall be guilty of an offence.

(3) Any person guilty of an offence under this section shall be liable
upon conviction to a fine not exceeding five thousand penalty units or to
imprisonment for a term not exceeding three years, or to both.
(As amended by Act No. 13 of 1994)

12. (1) For the purposes of this section, a licensee or a person who Suspension or
holds a certificate of competency is in default if the licensee or person- revocation of
licence or
certificate

(a) has on repeated occasions contravened the conditions of the


licence or certificate;

(b) has at any time contravened a condition of the licence or


certificate that is expressed, in the licence or certificate, to be a condition
whose contravention may result in revocation or suspension of the
licence or certificate; or

(c) has been the subject of such complaints by the public as, in the
opinion of the Board, to warrant action under this section.
(2) Where a licensee or the holder of a certificate of competency is in
default, the Authority may-

(a) by notice in writing to the holder of the licence or certificate,


suspend the licence or certificate for a period not exceeding twelve
months;

(b) by a like notice, revoke the licence or certificate; or

(c) refuse to renew the licence or certificate on its expiry.

(3) Without limiting the generality of the foregoing provisions of this


section, the Authority may revoke or refuse to renew a licence on the
ground that-

(a) the radio station in respect of which the licence was issued, or
the radio station apparatus used in connection therewith-
(i) interferes with the working of a radio station or the carrying on
of any established radiocommunication or telephone or telegraph
services; or
(ii) is likely to interfere with established radio station apparatus or
other equipment, circuits, wires or the like; or

(b) radiocommunication services established by the Authority or a


licensee after the date of issue of the licence are available to the licensee
and provide, in the opinion of the Board, an adequate means of
communication for his purposes.

(4) Subject to section thirteen, while a licence or certificate of


competency is suspended, the holder thereof shall be deemed, for the
purposes of this Act, not to hold it.

(5) When a licence is revoked, the person having possession or control


of a radio station to which the licence relates shall dispose of the radio
station within such period as the Board may direct by order under the
hand of the Chairman.

(6) A licence or certificate shall not be cancelled, nor shall its renewal
be refused, without giving the holder thereof a reasonable opportunity to
be heard.

13. (1) Any person aggrieved by the suspension or revocation of his 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.

(2) Due lodgement of an appeal stays any revocation or suspension


against which the appeal is brought,and stays any order made by the
Authority in consequence of the revocation or suspension, pending the
outcome of the appeal.

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

(a) give one month's notice in writing to the Authority of his


intention to commence the construction of the railway or works and
cause a copy of that notice to be published in the Gazette and in one or
more newspapers of general circulation throughout Zambia; and

(b) furnish the Authority with a plan of the proposed railway or


works, together with particulars showing the manner and position in
which the railway or works are to be constructed and operated and such
further information as the Authority may require.

(2) If it appears to the Board that-

(a) the operation of or the equipment to be used in connection with a


railway or works referred to in subsection (1) is likely to interfere with
the working or maintenance of a radio station or radio station apparatus
or the carrying on of a licensed radiocommunication service; or

(b) the working or maintenance of a radio station or radio station


apparatus of a licensee or a radiocommunication service carried on by a
licensee is being interfered with by the construction or operation of the
equipment used in connection with-
(i) a railway or works referred to in subsection (1); or
(ii) any railway, works or other operations whatsoever;
the Authority shall in writing notify the person constructing or operating
the railway or works of the action which the person shall take to remedy
or prevent the interference.

(3) A person who proceeds with the construction or the equipment of a


railway or works or continues to operate a railway or works after he has
been given notice by the Authority under subsection (2) without
complying with the terms of the notice shall be liable-

(a) to a penalty recoverable by the Authority by action in a


competent court of five thousand penalty units for each day he fails to
comply with the terms of the notice; and

(b) for any loss or damage caused to the working or maintenance of


a radio station or radio station apparatus by his failure to comply with
the terms of the notice.

(4) Nothing in this section limits or affects the rights or remedies of any
licensee or other person against a person on whom this section imposes
any duty.
(As amended by Act No. 13 of 1994)

15. (1) Any telecommunication officer or person employed in Unauthorised


connection with radiocommunication service who- disclosure of
messages

(a) unlawfully discloses the contents or existence of any


radiocommunication message that is not of a public character; or

(b) makes use for his own purposes of any knowledge he may
acquire, in the course of his duties, of the contents of a
radiocommunication message;
shall be guilty of an offence and shall be liable upon conviction to a fine
not exceeding one thousand penalty units or to imprisonment for a term
not exceeding twelve months, or to both.

(2) For the purposes of subsection (1), disclosure is lawful only if it is


compellable under any law or given for purposes of the administration
of justice.
(As amended by Act No. 13 of 1994)

16. A person who without lawful authority, by any radiation (whether Obstruction of
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)

17. (1) A telecommunication officer authorised in writing by the Powers of


Authority or a police officer may require a person who he has reasonable inspection
cause to suspect is a person required under this Act to be the holder of a
licence or certificate to produce his licence or certificate.

(2) If authorised by warrant issued under the hand of a magistrate, a


telecommunication officer or a police officer-

(a) may at all reasonable times enter any radio station or any
premises which are owned or occupied by a person who he has
reasonable cause to suspect is using the premises for the carrying on of a
business or activity for which a licence or certificate is required under
this Act; and

(b) shall have power to make such examination, inspection and


inquiry and do such things as may appear to him necessary for
ascertaining whether or not the provisions of this Act or the regulations
under this Act are being complied with:

Provided that nothing in this subsection shall require a warrant to be


obtained for entry to premises or any part of premises which, in the
ordinary course of business, are open to the public.
(3) A telecommunication officer or police officer may seize-

(a) any radio station which he has reasonable cause to suspect is


being worked by or is in the possession or under the control of a person
in contravention of this Act; and

(b) any book, record or document which he has reasonable cause to


suspect will afford evidence of the commission of an offence against
this Act.

(4) A telecommunication officer may order a person to cease using,


pending inquiry by the Authority, a radio station or radio or other
apparatus which, in his opinion, is causing harmful interference or is
being operated otherwise than in accordance with this Act, the
regulations or the terms and conditions of a licence or certificate.

(5) Any person who obstructs or hinders a telecommunication officer or


police officer in the exercise of his powers under this section, or who
neglects or fails to comply with an order under subsection (4), shall be
guilty of an offence and shall be liable on conviction to a fine not
exceeding two thousand penalty units or to imprisonment for a term not
exceeding twelve months, or to both.
(As amended by Act No. 13 of 1994)

18. (1) A person who- Miscellaneous


offences

(a) fails or refuses to furnish a return or to supply information in the


manner and in the time prescribed under this Act or furnishes a false or
misleading return;

(b) on being required to do so, fails or refuses to produce to a


telecommunication officer or a police officer a licence or certificate
issued under this Act or a book, record or document relating to any radio
station which is in his possession or under his control;

(c) fails or refuses, without reasonable cause, to give information to,


or gives false or misleading information to, a telecommunication officer
or a police officer in response to a requirement under this Act;
(d) without the permission of the licensee or a telecommunication
officer having authority to grant such permission, enters any part of a
licensed radio station which is not open to members of the public;

(e) for the purpose of obtaining, whether for himself or any other
person, the issue of a licence or certificate under this Act, makes a
declaration or statement which he knows to be false in any material
particular or does not believe to be true or knowingly makes use of a
declaration, statement or document containing the same;

(f) wilfully interferes with, hinders or impedes in any way the


carrying on by the Authority or a licensee of a radiocommunication
service or the free use or working of a radio station or radio apparatus of
the Authority or licensee;

(g) affixes or attaches a wire, conductor or other thing to a radio


station or radio apparatus;

(h) interferes with, hinders or impedes in any way the establishment,


erection, alteration, maintenance or inspection of a radio station or radio
station apparatus;

(i) knowingly transmits or causes to be transmitted-


(i) a false or fradulent distress call; or
(ii) a communication of a blasphemous, indecent, obscene or
offensive nature;

(j) without lawful excuse, by any means interferes with or obstructs


the carrying on of a radiocommunication service;

(k) wilfully intercepts a radiocommunication transmission which is


not intended to be received by him; or

(l) reproduces or divulges the contents or substance of a


radiocommunication transmission not intended to be received by him,
whether received voluntarily or involuntarily, to another person or uses
it for any purpose whatsoever;
shall be guilty of an offence and shall be liable to a fine not exceeding
twenty thousand penalty units or to imprisonment for a term not
exceeding two years, or to both.
(2) A person contravening paragraph (d) of subsection (1) who fails to
leave a radio station immediately on being required to do so by the
person in charge of the station or by a telecommunication officer may be
removed by the person in charge or a telecommunication officer and a
police officer shall, on being requested to do so by the person in charge
or by a telecommunication officer, remove or assist in the removal of the
person.

(3) A person who witnesses another person-

(a) wilfully destroying, damaging or removing radio station


apparatus, or attempting to do so; or

(b) contravening or attempting to contravene the provisions of


paragraphs (f), (g), (h) (i) of subsection (1);
may, without warrant, arrest that other person.

(4) A person who arrests another person under subsection (3) shall
forthwith notify that other person of the cause of the arrest.

(5) Any person arrested under subsection (3) shall as soon as possible
be brought to a police station and shall there be detained until further
dealt with according to law:

Provided that a person so arrested shall not be detained for a period


longer than twenty-four hours unless a warrant for his further detention
is obtained.

(6) Nothing in subsection (5) limits or affects the operation of any law
providing for the release on bail of a person under detention.
(As amended by Act No. 13 of 1994)

19. (1) On the conviction of a person for an offence involving the Forfeiture of
unlawful possession or use of a radio station or any radio station equipment
apparatus, the court convicting the accused may, on the application of
the prosecutor and in addition to any penalty which it may impose, order
the confiscation of the radio station or apparatus in connection with or
by means of which the offence was committed, unless it is proved to the
satisfaction of the court that the radio station or apparatus is not the
property of the accused and that the owner was unable to prevent its
unlawful use by the accused when the offence was committed.

(2) Any radio station or apparatus confiscated under this section shall
be deemed forfeited to the Republic.

20. (1) The Minister, on the advice of the Authority, may by statutory 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.

(2) Without prejudice to the generality of subsection (1), the Minister


may by regulation-

(a) make such provision as he considers appropriate or necessary to


give force and effect, within Zambia, to the provisions of the
Convention;

(b) classify radio stations, other than broadcasting stations and radio
stations used solely in connection with broadcasting and diffusion
services, and in so doing, amend the Schedule to this Act or vary the
definition of a radio station specified in the Schedule to this Act and
prescribe the nature of the radiocommunication services to be carried on
therefrom;

(c) provide for the inspection and testing by telecommunication


officers of broadcasting stations and radio and other apparatus used in
connection with broadcasting or diffusion services and for the method of
installation, working and maintenance thereof;

(d) provide for the establishment, maintenance, protection, working


and conduct of all or any radiocommunication services carried on by the
Authority or any licensee, including any such service carried on in
conjunction with a telephone or telegraph service;

(e) make provision for the purpose of ensuring that the use of
generating apparatus or power lines does not cause harmful interference
and in so doing, prescribe the conditions to be observed with respect to-
(i) the maximum intensity of electromagnetic energy of specified
frequencies which may be radiated in any direction from generating
apparatus or power lines when in use;
(ii) the electromagnetic energy of specified frequencies which may
be injected by generating apparatus into the power lines by means of
which power is supplied to that generating apparatus;

(f) make provision for the purpose of ensuring that the use, in
connection with broadcasting or diffusion services or otherwise, of radio
stations or radio or other apparatus, does not interfere with
radiocommunication, telephone or telegraph services or with radio
stations or radio or other apparatus, equipment, circuits, instruments,
wires and the like;

(g) prohibit or restrict the importation, purchase and sale of any


apparatus capable of causing harmful interference;

(h) make provision for the keeping of books, records and


documents, the furnishing of returns and the supply of information
relating to dealings in, and the repair of, radio transmitting stations;

(i) prescribe the qualifications in respect of age, term of service,


skill, character and otherwise, and the experience (if any) required by
applicants, for certificates of competency;

(j) make provision with respect to the holding of examinations to


determine the proficiency of applicants for certificates of competency
and with respect to the issue of such certificates;

(k) fix the fees to be paid-


(i) by applicants in connection with examinations referred to in
paragraph (j); and
(ii) on the issue of certificates of competency;

(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;

(n) prescribe the circumstances in which and the conditions,


including the payment of a fee, on which copies of licences and
certificates may be obtained;

(o) make provision for the notification to the Authority by persons


to whom licences and certificates are issued of changes in their places of
residence or work;

(p) make provision for the notification of the Authority of changes


in the places, aircraft, ships or vehicles at or in which radio stations in
respect of which licences are issued are established, installed or worked;
and

(q) make provisions for the proper exercise by the Authority of the
powers of control of and supervision over radiocommunication services
conferred upon it by this Act and of the other powers and functions
thereby conferred or imposed upon it.

21. (1) The Radiocommunications Act is hereby repealed. Repeal of Cap.


796; of the old
edition and
savings

(2) Notwithstanding the repeal of the Radiocommunications Act-

(a) an authority under section eighteen or nineteen of the repealed


Act which was in force immediately before the commencement of this
Act shall, subject to the terms and conditions on which it was issued,
continue in force for such time as the Minister, on the advice of the
Authority, may by regulation determine;

(b) any application, allocation, approval or exemption made or


given, any examination or test taken or made, any agreement, other than
a contract of service, entered into, and any record kept or other thing
done, under the provisions of the repealed Act which, immediately
before the commencement of this Act, was subsisting or was of force or
effect or capable of acquiring force or effect shall, subject to the
provisions of the repealed Act, continue to subsist or to be of force or
effect or, as the case may require, acquire force or effect and shall be
treated, for the purposes of this Act, as having been made, given, taken,
entered into, kept or done under the corresponding provisions of this
Act.
SCHEDULE
(Sections 2, 13 and 23)

CLASSIFICATION OF RADIO STATIONS

"Aeronautical station" means a radio station used for the purpose of


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

THE NATIONAL ARTS COUNCIL OF ZAMBIA ACT

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

26. Independence of associations and associate bodies


27. Appeals to Minister
28. Directions by the Minister
29. Dissolution of association
30. Rules
31. Regulations

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

10. Director and Deputy Director


11. Staff

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

NATIONAL ARTS COUNCIL OF ZAMBIA Act No.


31 of 1994
An Act to establish and define the functions and powers of the National 13 of 1994
Arts Council of Zambia; to provide for the registration of, and affiliation
to, the National Arts Council of Zambia of all national arts associations;
to provide for the establishment of the Arts Development Fund; and to
provide for matters connected with or incidental to the foregoing.

[21st October, 1994

PART I
PRELIMINARY

1. This Act may be cited as the National Arts Council of Zambia Act. Short title

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.

3. In this Act, unless the context otherwise requires- Interpretation

"associate body" means an associate body referred to in section fifteen;

"Chairperson" means the person elected as chairperson of the Council


under sub-paragraph (2) of paragraph 2 of Part I of the Schedule;

"Council" means the National Arts Council of Zambia established by


section four;

"Director" means the person appointed as Director of the Council in


accordance with sub-paragraph (1) of paragraph 9 of Part II of the
Schedule;

"member" means a member of the Council;

"registrar" means the Registrar of national arts associations appointed


under section sixteen;

"registered body" means a national arts association registered under


section seventeen;

"Vice-Chairperson" means the person elected as Vice-Chairperson of


the Council under sub-paragraph (2) of paragraph 2 of Part I of the
Schedule.
PART II

NATIONAL ARTS COUNCIL OF ZAMBIA

4. (1) There is hereby established the National Arts Council of Zambia Establishment
which shall be a body corporate with perpetual succession and a of Council
common seal, capable of suing and of being sued in its corporate name,
and with power, subject to the other provisions of this Act, to do all such
acts and things as a body corporate may by law do or perform.

(2) The provisions of the Schedule shall apply as to the composition of


the Council and otherwise in relation thereto.

5. Subject to the other provisions of this Act the functions of the 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.

(2) Each committee shall consist of a chairperson elected by the


committee and not more than one member from each registered body.

11. (1) The provincial arts advisory committee in each province shall 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.

(2) The functions of a district arts advisory committee shall be to advise


the provincial arts advisory committee on matters concerning the
promotion, development and organisation of the arts within the district.

12. The Council shall determine, with the prior approval of the 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.

(3) If any person having information which to that person's knowledge


has been published in contravention of subsection (1) unlawfully
publishes or communicates the information to any other person, that
person shall be guilty of an offence and shall be liable, upon conviction,
to a fine not exceeding thirty thousand penalty units or to imprisonment
for a term not exceeding three years, or to both.
(As amended by Act No. 13 of 1994)

14. 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.

15. The following shall be associate bodies of the Council: Associate


(a) all institutional arts associations; and bodies

(b) all provincial arts advisory committees.

PART III

REGISTRATION OF NATIONAL ARTS


ASSOCIATIONS

16. There shall be a Registrar of National Arts Associations who shall Registrar
be a public officer and appointed by the Minister.
17. (1) The Registrar shall establish and maintain in the prescribed Registration of
form a register where he shall register an association or organisation as a national arts
national arts association. associations

(2) An association or organisation shall be registered as a national arts


association under this section within thirty days of its formation.

18. (1) An association or organisation which is not registered under Effect of


section seventeen shall not be recognised as a national arts association. non-registration

19. (1) An application for registration as a national arts association Application for
shall be submitted to the Registrar in the prescribed form. registration

(2) On receipt of an application under subsection (1), the Registrar may,


within thirty days, carry out any investigation, or require any further
information to be submitted to him, as he considers necessary.

(3) An application for registration as a national arts association shall be


accompanied by-

(a) a registration fee;

(b) a copy of the constitution of the association or organisation


which shall contain among other particulars-
(i) the objectives and functions of the association or organisation;
(ii) the names and address of its office-bearers;
(iii) the funds available to it and its sources of revenue; and
(iv) its principal and other places of operation.

(4) Upon registration, the Registrar shall issue an association or


organisation with a certificate of registration.

20. (1) The Registrar shall refuse to register any association or 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;

(b) that the registration of the association or organisation would be


against the public interest;

(c) that the name under which the association or organisation wishes Cap. 119
to be registered is identical, or similar, to the name of any existing
national arts association or any society or body registered, or exempted
from registration, under the Societies Act; or

(d) the constitution or rules of the association or organisation are in


his opinion repugnant to, or inconsistent with, the provisions of any law
for the time being in force in Zambia.

21. (1) Where the Registrar refuses to register an association or Notification of


organisation as a national arts association the Registrar shall make and grounds
furnish to the association or organisation concerned a notice giving the
reasons for such refusal.

22. Subject to section twenty-three the Registrar may, at any time, Cancellation of
cancel the registration of any registered body if the Registrar is satisfied registration
that it is expedient to do so on the ground that-
(a) the constitution or rules of the registered body are, in the opinion
of the Registrar repugnant to, or inconsistent with, the provisions of any
law for the time being in force in Zambia;
(b) the registered body is operating in a manner contrary to the
public interest;
(c) the Registrar has reason to believe that the registered body has
ceased to exist as a national arts association; or
(d) the registered body has changed its name and the new name it
has adopted-

(i) is identical to that of any other existing national arts association;

(ii) so nearly resembles the name of the registered body as, in the
opinion of the Registrar, is likely to deceive the public or the members
of either association; or

(iii) is, in the opinion of the Registrar, repugnant to, or inconsistent


with, the provisions of any law in force in Zambia or is otherwise
undesirable.

23. (1) Before the Registrar cancels the registration of a registered Notification of
body, the Registrar shall make and furnish the registered body intended
concerned with a notice giving reasons for the intended cancellation and cancellation
require the association to show cause as to why the registration should
not be cancelled.

(2) If the Registrar is not satisfied with the explanation given by the
affected registered body he shall cancel the registration.

24. (1) An association or organisation which has been served with the 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.

(4) Any association or organisation which is aggrieved by the decision


of the Minister may appeal to the High Court.

25. (1) A registered body may be affiliated to the Council through such Affiliation to
procedure as may be prescribed by the Council. Council of
registered body

(2) A registered body may form subsidiary bodies in provinces and


these bodies shall be affiliated to the Council by virtue of the affiliation
of the registered body.
PART IV

GENERAL PROVISIONS

26. Except as provided in this Act, the Council shall not interfere with Independence
the day-to-day administration or internal affairs of a registered body or of registered
an associate body. and associate
bodies

27. (1) A registered body or any person aggrieved by a decision of the Appeals to
Council may, not later than thirty days from the receipt of that decision, Minster
appeal to the Minister.

(2) Where a registered body or a person appeals to the Minister under


subsection (1), the Minister may confirm, reverse or vary the decision,
or make such other order as the Minister considers fit, and the Minister
shall decide within thirty days.

28. Subject to the other provisions of this Act, the Minister may give Directions 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

(2) A registered body shall apply to the Registrar for approval to


dissolve the association and shall-

(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.

31. The Minister may, by statutory instrument, and in consultation Regulations


with the Council, make Regulations for the better carrying into effect of
the provisions of this Act, and, in particular and without prejudice to the
generality of the foregoing power, such Regulations may-
(a) prescribe the fees, allowances or remuneration to be paid under
any provision of this Act;
(b) prescribe the role of cultural officers and the relationship
between those officers and the Director;
(c) provide for the management of the affairs of a registered body
when it is under suspension;
(d) prescribe the forms to be used for the purpose of this Act;
(e) prescribe the books, registers, accounts and other documents to
be kept by a registered body, and provide for the inspection of the books,
registers, accounts and other documents;
(f) prescribe the particulars to be included in the contracts of service
of professional artistes;
(g) provide for the status of national and representative groups;
(h) prescribe the manner and form in which application for the
award of national artistic honours shall be made; and
(i) provide for the procedure for becoming an associate body of the
Council.

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.

(2) The affixing of the seal shall be authenticated by the Chairperson or


the Vice-Chairperson and one other person authorised in that behalf by
the Council.

(3) Any contract or instrument which, if entered into or executed by a


person not being a body corporate, would not be required to be under
seal may be entered into or executed without seal on behalf of the
Council by the Registrar or any other person authorised in that behalf by
the Council.

(4) Any document purporting to be a document under the seal of the


Council or issued on behalf of the Council shall be received in evidence
and shall be deemed to be a document so executed or issued, as the case
may be, without further proof, unless the contrary is proved.

2. (1) The Council shall consist of- Composition of


Council

(a) two members appointed by the Minister;

(b) the Director of Cultural Services;

(c) one member to be appointed by each registered body; and

(d) one member appointed by the Ministry responsible for-


(i) education;
(ii) information and broadcasting;
(iii) science, technology and vocational training; and
(iv) tourism.

(2) The Chairperson and the Vice-Chairperson shall be elected by


members of the Council from amongst themselves, subject to
ratification by the Minister.

3. (1) A member shall hold the office of member for a period of four Tenure of office
years from the date of appointment, but shall be eligible for and vacancies
reappointment.

(2) Notwithstanding subsection (1) the office of member shall become


vacant-

(a) upon the death of a member;

(b) if a member is adjudged or otherwise declared to be of unsound


mind;

(c) if a member is adjudged or otherwise declared bankrupt;

(d) if a member is lawfully detained or the member's freedom of


movement is restricted under any law in force in Zambia;

(e) if a member is sentenced to a term of imprisonment exceeding


six months;

(f) if a member is absent from three consecutive meetings of the


Council without reasonable cause; or

(g) upon the expiry of not less than one month's notice in writing of
that member's intention to resign given by the member to the Chairman.

(3) Notwithstanding subsection (1) the Minister may, at any time,


remove a person from the office of member if the Minister is satisfied
that the continuance of that person in the office of member will be
prejudicial to the interests of the arts.

4. (1) Subject to subsection (2), whenever the office of a member Filling of casual
becomes vacant before the expiry of the term of office specified in vacancy
paragraph 3, the Minister, or, if the member who vacated the office was
appointed by any of the bodies referred to in paragraph 2, that body, may
appoint another person to be a member in place of the member who
vacates the office.

(2) The person appointed under subsection (1) shall hold office only for
the unexpired term of office of the person who vacated that office.

5. (1) Subject to the other provisions of this Act, the Council may 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.

(4) Subject to paragraph 5 the Chairperson shall, upon giving notice of


not less than fourteen days, call a special meeting of the Council if not
less than five members so request in writing.

(5) If the urgency of any particular matter does not permit the giving of
the notice referred to in sub-paragraph (4), a special meeting may be
called upon giving shorter notice.

(6) There shall preside at a meeting of the Council the Chairperson or,
in the absence of the Chairperson, the Vice-Chairperson or, in the
absence of both the Chairperson and the Vice-Chairperson, such
member as the members present may elect for the purpose of that
meeting.

(7) A decision of the Council on any question shall be by a majority of


the members present and voting at the meeting and in the event of an
equality of votes the person presiding at the meeting shall have a casting
vote in addition to that person's deliberative vote.

(8) Where any member referred to in paragraph (a) to (d) of paragraph 2


is unable to attend any meeting of the Council, the Ministry or
organisation, as the case may be, which that member represents may, in
writing, nominate another person to attend that meeting in that member's
stead and that person shall be deemed to be a member for the purpose of
that meeting.

(9) The Council may invite any person whose presence is in its opinion
desirable, to attend and to participate in the deliberations of a meeting of
the Council, but such a person shall have no vote.

(10) The validity of any proceedings, act or decision of the Council


shall not be affected by any vacancy in the membership of the Council
or by any defect in the appointment of any member.

(11) The Council shall cause minutes to be kept of the proceedings of


every meeting of the Council and of every meeting of any committee
established by the Council.

6. The Council may appoint such committees as it may consider Committees of


necessary for the performance of its functions. Council

7. (1) If any person is present at a meeting of the Council at which any Disclosure of
matter in which that person or that person's spouse is directly or interest
indirectly interested in a private capacity is the subject of consideration,
he shall, as soon as practicable after the commencement of the meeting,
disclose that interest and shall not, unless the Council otherwise directs,
take part in any consideration or discussion of, or vote on, any question
touching that matter.

(2) A disclosure of interest made under subparagraph (1) shall be


recorded in the minutes of the meeting at which it is made.

8. An action or other proceeding shall not lie or be instituted against Immunity of


any member, member of a committee of the Council or of the Board or members and
member of staff of the Council for, or in respect of, any act or thing done staff
or omitted to be done in good faith in the exercise or purported exercise
of his duties under this Act.

PART II
ADMINISTRATION
9. (1) There shall be a Director of the Council who shall be appointed 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

(a) such sums as may be appropriated by Parliament for the purpose


of the Council;

(b) such sums as may be paid to the Council as donations,


contributions, subscriptions, fees or gifts, but the Council shall not raise
money from outside Zambia without the prior approval of the Minister;
or

(c) such other moneys or assets as may accrue to, or vest in, the
Council as a result of the investments made, or transactions entered into,
in the course of its operations.

(2) The Council-

(a) shall cause to be kept full and correct books of account of all
moneys received and expended by it;

(b) may invest its funds in such manner and to such extent as the
Council may consider fit;

(c) shall after the approval of the Minister and subject to such
conditions as the Minister may impose, borrow money from any source
within Zambia.

12. The Council shall establish and administer a fund to be known as 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.

(3) There shall be appended to the report referred to in subsection (2)-

(a) an audited balance sheet;

(b) an audited statement of income and expenditure during the year;


and

(c) a report of the auditors on the accounts.

(4) The Minister shall, not later than seven days after the first sitting of
the National Assembly next after the receipt of the report referred to in
subsection (1), lay it before the National Assembly.
SUBSIDIARY LEGISLATION

CHAPTER 170

THE NATIONAL ARTS COUNCIL OF ZAMBIA


REGULATIONS [ARRANGEMENT OF REGULATIONS]

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

SECTION 31-NATIONAL ARTS COUNCIL OF ZAMBIA Statutory


REGULATIONS Instrument
128 of 1995
Regulations by the Minister

PART I
PRELIMINARY
1. These Regulations may be cited as the National Arts Council of Title
Zambia Regulations.

2. (1) A member of the Council or of any committee established under Allowances


the Act shall be paid the allowances set out in the First Schedule for each
sitting.

(2) The allowances referred to in sub-regulation (1) shall be paid from


the funds of the Council and shall accrue to each member with effect
from the date of appointment as member.

3. (1) The Department of Cultural Services shall recruit, as cultural Cutlural


officers, persons who are professionally qualified and competent in officers
various specialised aspects of the arts.

(2) The role of a cultural officer shall be to-

(a) complement the efforts of the Council in carrying out its


functions under the Act; and

(b) provide such necessary data and information on all aspects of the
arts as may be required by the Council and facilitate research into the
arts.

(3) A provincial cultural officer shall facilitate the work of the Council
in the provinces where provincial arts advisory committees have not
been established, and after these committees have been established, the
provincial cultural officers shall become ex-official members of the
committee.

4. (1) Where an executive committee of a registered body is suspended, Suspension of


the Council shall immediately appoint, in writing, an interim committee registered body
to take over the management of the registered body so suspended.

(2) The chairman of the interim committee shall be a member of the


Council, but shall not be a member of the Executive Committee of the
registeed body suspended.

(3) The Council shall prescribe in the appointment the powers of the
interim committee and duration of the appointment.

5. (1) A registered body shall keep and maintain such books of account Books of
as shall be necessary to maintain correct records of all its financial account
matters, so as to enable auditors to audit the books.

6. A registered body shall keep and maintain a register containing Register of


information relating to all its members and affiliated members and the members
register shall be available for inspection by the Council.

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.

(3) An application under sub-regulation (2) shall be lodged with the


Council at the beginning of each year and shall outline the financial
requirements of the registered body for that year.

9. (1) An associate body other than a provincial arts advisory 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.

10. Every associate body making an application under sub-regulation Administrative


(1) of regulation 10 shall pay an administrative and scrutiny charge and scrutiny
prescribed in the Fourth Schedule. charge
FIRST SCHEDULE
(Regulation 2 (1))
Allowances per sitting
Chairman -K25,000
Member -K20,000
SECOND SCHEDULE
(Regulation 9 (1))

National Arts Council of Zambia

Application for affiliation as associate body


The Director
P.O. Box
Lusaka
1. We hereby apply for affiliation as an associate body of: (full names
of institutional arts association)
2. Full address, telephone and tele numbers
3. Founded: (Day, Month and Year)
4. We attach hereto the following documents:
(a) two copies of the current constitution of the association;
(b) A memorandum duly signed by the Chairman and the Secretary
giving the following:
(i) full names and addresses of the office-bearers;
(ii) the funds available and sources of revenue;
(c) list of names and addresses of any arts institutions or
organisations already affiliated to;
(d) minutes of the previous meeting at which the association
resolved to apply for affiliation.
Chairman Secretary
Full name: Full name:
Signature: Signature:
Date of application:
THIRD SCHEDULE
(Regulation 9 (2))
Affiliation fees F
Primary Schools
Secoondary Schools
Universities and Colleges
FOURTH SCHEDULE
(Regulation 10)
Affiliation and Scrutiny Charge F
All affiliated bodies:
CHAPTER 170

THE NATIONAL ARTS COUNCIL OF ZAMBIA RULES


[ARRANGEMENT OF RULES]

PART I
PRELIMINARY
Rule
1. Title

PART II
REGISTRATION, FEES AND
CHARGES
2. 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

SECTION 30-NATIONAL ARTS COUNCIL OF ZAMBIA Statutory


RULES Instrument
129 of 1995
Rules by the Minister

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

15. An application for a licence, or renewal of a licence, as a promoter Application for


shall be in NAC Form 2 prescribed in the First Schedule and shall be licence as
lodged with the Council. promoter

16. Every application for a licence or renewal of a licence shall be Details on


accompanied by the appropriate fee and a detailed account of the application
applicant's previous promotions, if any.

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-

(a) any proposed alteration to or

(b) the occurrence of any event which he knows affects or may


affect in any material respect any matter in respect of which he was
required to supply information to the Council in the course of his
application for that licence;

(3) A holder of a licence shall obtain the consent of the Council before-

(a) implementing any alteration referred to in paragraph (a) of


sub-rule (2).

(b) taking an action resulting from any event referred to in


paragraph (b) of sub-rule (2).

(4) A licensee shall not carry on, nor hold himself out, as carrying on
any promotions other than that permitted by his licence.

18. Where the Council is satisified that a licence has been Replacing of
inadvertently lost, destoyed or defaced, the Council shall replace the licence
licence on payment by the licence of the prescribed fee.

19. Where the Council considers it appropriate in exceptional Waive payment


circumstances the Council may wiave payment of all or part of the fee
which would otherwise be payable under these Rules.

20. (1) The Council may suspend, or cancel a promotor's licence if the Suspension or
promoter violates any of the provisions of the Act or these Rules or is in cancellation of
breach of the terms of the contract with the artist he is promoting, licence
(2) Where the Council suspends or cancels a promoter's licence, the
Council shall outline the conditions of the suspension or cancellation in
the letter communicating the suspension or cancellation to the promoter.

(3) A promoter who is aggrieved with the Council's decision to suspend


or cancel his licence may appeal to the Minister within seven days.

21. The Council may grant a temporary licence to a charitable Temporary


organisation or a similar insitution or to an individual for purposes of licence
promoting an artistic activity for a specified period of time, if the
Council is satisfied that such a promotion will not result into pecuniary
gain to the promoter.

22. The Council may, in granting a temporary licence under rule 21, 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.

(2) The application referred to in sub-rule (1) shall be in NAC Form 4


prescribed in the First Schedule.

26. (1) An artist or art dealer from outside Zambia shall not undertake 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.

28. Every application for clearance shall be endorsed by two Endorsement on


representatives of the appropriate registered body supporting such application
appliction.

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)

NATIONAL ARTS COUNCIL OF ZAMBIA NAC


FORM 1

APPLICATION FOR REGISTRATION AS REGISTERED BODY


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

APPLICATION FOR A LICENCE AS A PROMOTER


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

APPLICATION FOR A TEMPORARY LICENCE AS A PROMOTER


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

APPLICATION FOR CLEARANCE FOR FOREIGN ARTISTS

(Rule 25)

(to be received not less than 3 months prior to the activity)


To: The Director of the Council
P.O. Box
Lusaka
1. Full names of foreign promoter:/artist/art dealer:
2. Full address, telephone and telefax numbers of foreign promoter:
artist/art dealer:
3. Full names of local counterpart promoter:
4. Full address, telephone and telefax numbers of local counterpart
promoter:
5. Full names and address of the main artist and promotional name, if
any, of the artist to be promoted in Zambia and country or countries of
origin:
6. Full names and address of agent or manager of the foreign artists:
7. Full list of all individual members of the entourage together with
their individual details of passport numbers, issuing authorities and
dates of expiry:
8. Proposed dates of entry into and exit from Zambia:
9. List of proposed venues for the artistic activity:
10. Full list of equipment, instruments, materials, to be temporarily
imported into Zambia for the artistic activity and to be exported after the
artistic activity has been completed:
11. List of items intended to be sold in Zambia, and their values during
or after the artistic activity:
12. The application is to be accompanied with:
(a) a copy of a valid local counterpart promoter's licence.
(b) a copy of a contract between the artist/agent/manager and the
promoters with details of payment arrangements.
(c) a non-refundable administrative and scrutiny charge. (N.B. The
clearance fee of ten per cent of the estimated gross income of the artistic
activity shall be paid when the Council approves the application).
13. Endorsement by two representatives of the appropriate registered
body:
(a) Name of registered body:
(b) Name of official:
Designation:
Signature:
(c) Name of official:
Designation:
Signature:
(d) Date of endorsement:
14. Name of applicant:
15. Signature of applicant:
16. Date of application:
Please note that no promotion of the artistic activity, by advertisement or
otherwise, outlined in this application is allowed to be undertaken in any
manner before a clearance certificate is obtained from the Council, and
failure to comply with this Council Rule may render the application
invalid.
SECOND SCHEDULE

(Rule 3)
FEES AND CHARGES
Fee Units
1. Registered as a registered body 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

NATIONAL ARTS COUNCIL OF ZAMBIA

(Rule 13)
ADJUDICATORS GUIDELINES
N.B. The NAC should look at the existing Adjudicators Guidelines
and incorporate them in this Schedule with inclusions, if any, or those
forms of the arts not already included.

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