Volume 15

VOLUME 15
CONTENTS Chapter 243. Chapter 244. Veterinary Surgeons Act Brands Act
Chapter 245. Prevention of Cruelty to Animals Act Chapter 246. Chapter 247. Chapter 248. Chapter 249. Chapter 250. Chapter 251. Chapter 252. Chapter 253. Export of Pigs Act Control of Dogs Act Cattle Cleansing Act Tsetse Control Act Cattle Slaughter (Control) Act Pig Industry Act Stock Diseases Act Public Pounds and Trespass Act
Chapter 254.Vacant Chapter 255. Chapter 256. Chapter 257. Chapter 258. Chapter 259. Chapter 260. Chapter 261. Pension Scheme Regulation National Pension Scheme Act National Assembly Staff Act Pensions (Increase) Act Service Commissions Act Public Service Pensions Presidential Emoluments Act
Chapter 262. Ministerial and Parliamentary Offices (Emoluments) Act
Chapter 263. Constitutional (Emoluments) Act Chapter 264.
Offices
Management Services Board Act Officers
Chapter 265. Transferred Federal (Dependants) Pensions Act Chapter 266.
European Officers' Pensions Act
Chapter 267. Public Officers (Change of Titles) Act Chapter 268. Employment Act
Chapter 269. Industrial and Labour Relations Act Chapter 270. Employment (Special Provisions) Act Chapter 271. Chapter 272. Workers' Compensation Act Public Holidays Act
Chapter 273. Zambia National Provident Fund Act Chapter 274. Employment of Young Persons and Children Act Chapter 275. Apprenticeship Act
Chapter 276. Minimum Wages and Conditions of Employment Act Chapter 277. Judges (Conditions of Service) Act
Chapter 278. Public Officers' Pensions (Zambia) Agreement (Implementation) Act Chapter 279. Widows and Orphans Pension Act
Chapter 280. Non-Designated Expatriate Officers (Retiring Benefits) Act
CHAPTER 243 THE VETERINARY SURGEONS ACT

ARRANGEMENT OF SECTIONS
Section 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. Short title Interpretation Establishment and constitution of Board Vacation of office Meetings and decisions of Board Functions of Board Unregistered persons prohibited from practising Qualifications for registration Register to be kept Application for registration Annual publication of list of registered veterinary surgeons Removal of name from Register Disciplinary powers of Board Right of audience Authority for re-registration Appeals Existing registered veterinary surgeons Regulations
FIRST SCHEDULE-Operations, treatments, tests, advice, diagnosis and attendance which may be performed, given or provided by unregistered persons SECOND SCHEDULE-Qualifications for registration as a veterinary surgeon
CHAPTER 243
VETERINARY SURGEONS An Act to provide for the registration of veterinary surgeons; to provide for the regulation of the practice of the profession of veterinary surgery and medicine; and to provide for matters incidental to the foregoing. [10th January, 1964] 1. This Act may be cited as the Veterinary Surgeons Act.
12 of 1964 Government Notice 497 of 1964 Act No. 18 of 1975 13 of 1994
Short title
2. In this Act, unless the context otherwise requires"Board" means the Board of Veterinary Surgery established under section three; "Director" means the Director of Veterinary Services; "practice of veterinary surgery or medicine" includes the performance of any operation and the giving of and providing of any treatment, test, advice, diagnosis or attendance such as is usually performed, given or provided by veterinary surgeons; "the Register" means the Register of Veterinary Surgeons provided for in section nine; "to register" means to enter in the Register the particulars required by section nine; "registered veterinary surgeon" means a person whose name appears in the Register as a veterinary surgeon. 3. There is hereby established a Board, to be known as the Board of Veterinary Surgery, which shall consist of(a) the Director, who shall be the Chairman; (b) three members (of whom two shall be veterinary surgeons) to be appointed by the Minister; and
Interpretation
Establishment and constitution of Board
(c) two other members (of whom one shall be a private practitioner) to be elected by the Veterinary Association of Zambia from among persons who are registered veterinary surgeons and appointed by the Minister. (As amended by Act No. 18 of 1975) 4. The office of a member of the Board, other than the Director of Veterinary Services, shall become vacant(a) one month after the date he gives notice, in writing, to the Minister of his intention to resign his office; (b) if he becomes mentally or physically incapable of performing his duties as a member; (c) if he is adjudged bankrupt; (d) on the date he begins to serve a sentence of imprisonment imposed without the option of a fine; (e) if he has absented himself from two consecutive meetings of the Board without its leave. 5. (1) Meetings shall be held at such times and places as the chairman of the Board may determine and shall be convened by notice given by him. (2) Five members shall form a quorum at a meeting of the Board. (3) All decisions at any meeting of the Board shall be by majority vote of the members present thereat, and in the event of an equality of votes, the chairman shall have a casting vote in addition to his deliverative vote. (As amended by Act No. 18 of 1975) 6. It shall be the function of the Board to hold inquiries for the purpose Functions of Board of this Act and to do all other things required to be done by the Board under the provisions of this Act. 7. (1) No person shallUnregistered persons prohibited from practising Meetings and decisions of Board Vacation of office
(a)
practise veterinary surgery or medicine; or
(b) hold himself out or allow himself to be held out as a veterinary surgeon; unless he is a registered veterinary surgeon. (2) Nothing in subsection (1) shall be construed as precluding an unregistered person from performing, giving or providing, in accordance with the provisions of the First Schedule, any operation, treatment, test, advice, diagnosis or attendance which is specified in the said Schedule. (3) A person who contravenes the provisions of subsection (1) shall be guilty of an offence and shall be liable, on conviction, to a fine not exceeding two thousand penalty units or, in default of payment, to imprisonment with or without hard labour for a period not exceeding six months, or to such imprisonment without the option of a fine, or to both. (As amended by Act No. 13 of 1994) 8. Subject to the provisions of this Act, a person shall be qualified to be Qualifications for registration registered as a veterinary surgeon(a) if he holds, to the satisfaction of the Director, one or more of the qualifications set out in the Second Schedule; (b) if he is of good character; and (c) if his name has not been struck out of the Register on the direction of the Board: Provided that a person whose name has been struck off shall not be disqualified under this paragraph, if(i) the Board has granted him written authority to make application for re-registration; or (ii) the High Court has, on appeal, reversed the direction of the Board that his name be struck out of the Register. (As amended by Act No 18 of 1975) 9. (1) The Director shall keep a book called "The Register of Veterinary Surgeons" in which shall be entered the full name, address,
Register to be kept
qualifications and date of registration of every person who is qualified to be registered as a veterinary surgeon and who applies for registration. (2) The name, address, qualifications and date of registration of every veterinary surgeon shall upon registration be published in the Gazette. (3) The Director may make in the Register any necessary alteration in any entry contained therein. (As amended by Act No. 18 of 1975) 10. (1) Any person who desires to be registered as a veterinary, surgeon Application for shall make written application therefor to the Director in the form set out registration in the Third Schedule. (2) The application shall be supported by the original, or a certified copy of the certificate, diploma or other documents recording such qualification held by the applicant as is required to qualify him to be registered as a veterinary surgeon, and by such other documents and information as the Director may require. (3) A fee of four hundred fee units shall be payable by an applicant upon being registered as a veterinary surgeon. (4) Upon registration of an applicant as a veterinary surgeon the Director shall issue to the person so registered a certificate in the form set out in the Fourth Schedule. (As amended by Acts No. 18 of 1975 and No. 13 of 1994) 11. (1) During the month of January in each year the Director shall cause to be published in the Gazette a list containing the full names of all persons on the Register at the end of the previous year, together with their addresses in Zambia and their qualifications. (2) The publication of such a list shall be Prima facie evidence that the persons named therein are registered veterinary surgeons and the absence of the name of any person shall be prima facie evidence that such person is not so registered.
Annual publication of list of registered veterinary surgeons
(As amended by Act No. 18 of 1975)

Removal of name 12. (1) The Director shall strike out of the Register the name of a registered veterinary surgeon whose name has been directed to be struck from Register out by the Board under section thirteen, and shall re-enter such name in the Register if the High Court so directs.
(2) The Director shall remove from the Register the name of any registered veterinary surgeon(a) who makes written application to the Director to have his name removed; or (b) who the Director is satisfied is dead.
(3) Upon being satisfied that a registered veterinary surgeon has ceased to practise veterinary surgery or medicine in Zambia, the Director shall(a) publish in the Gazette notification of his intention to remove the name of such registered veterinary surgeon from the Register; (b) send a copy of such notification to the address of the said registered veterinary surgeon or, if such address is not known, to the address recorded in the Register; and if no objection to the removal of the name is received within thirty days of such publication, the Director shall remove the said name from the Register. 13. (1) If any registered veterinary surgeon shall be convicted of a felony or shall, after due inquiry of the Board, be deemed to have been guilty of infamous or disgraceful conduct in any professional or other respects, the Board may do one or more of the following: (a) (b) (c) caution him; censure him; direct that his name be struck out of the Register.
Disciplinary powers of Board
(2) If any person, after due inquiry by the Board, shall be found by the Board to have procured his registration under this Act as a veterinary surgeon by any false or fraudulent representation or declaration, the Board may direct that his name be struck out of the Register. 14. (1) In any inquiry held under section thirteen, the person concerning whom such inquiry is held shall be entitled to be heard by the Board in person or through his legal representative. (2) In any such inquiry as is referred to in the preceding subsection, the Board shall have the power to summon witnesses, to call for the production of books, documents, records and other things and to examine witnesses under oath, and for such purpose the chairman of the Board is hereby authorised to administer such oath. (3) If any person who has been summoned under the foregoing subsection, having reasonable notice of the time and place at which he is required to attend, fails to attend, or refuses to take an oath or to answer any question he is lawfully required to answer or refuses or fails to produce any book, document, record or other thing and does not excuse his refusal to the satisfaction of the Board, such person shall be guilty of an offence and shall on conviction be liable to a fine not exceeding two hundred and fifty penalty units. (4) In the exercise of the powers conferred upon it by section thirteen, the Board shall have power to regulate its own procedure. (As amended by Acts No 18 of 1975 and No. 13 of 1994) 15. Any person whose name has been struck out of the Register on the Authority for re-registration direction of the Board may make written application to the Board for authority to make application for re-registration, and the Board may grant or refuse such authority. 16. Any person aggrieved by any decision of the Board may appeal to Appeals the High Court, and the Court may make such order as it may deem fit: Provided that no such appeal shall lie unless notice of appeal is given within thirty days after the date of the decision of the Board.
Right of audience
Existing registered 17. (1) Notwithstanding any other provision of this Act, the Director shall register the name, address, qualifications and date of registration of veterinary surgeons any person who-
(a) immediately prior to the commencement of this Act, was ordinarily resident in Zambia and was a registered veterinary surgeon under the provisions of the *Veterinary Surgeons Act, 1961, of the Legislature of the former Federation of Rhodesia and Nyasaland; or *Discontinued by G.N. No. 447 of 1963. (b) subsequent to the commencement of this Act, is appointed to the public service as a veterinary officer. (2) The Director shall cause to be published in the Gazette the name, address, qualification and date of registration of any person whose name is registered in accordance with subsection (1). (3) The fee required by subsection (3) of section ten shall not be payable by a person whose name is registered in accordance with subsection (1) but such fee shall, in the case of a person registered under paragraph (b) of subsection (1), become payable upon termination of such person's appointment of the public service as a veterinary officer. (As amended by Act No. 18 of 1975)
Regulations 18. The Minister may give such directions and, by statutory instrument, make such regulations as he may think fit for the purpose of giving effect to the provisions of this Act.
(As amended by Act No. 18 of 1975) FIRST SCHEDULE (Section 7) OPERATIONS, TREATMENTS, TESTS, ADVICE, DIAGNOSIS AND ATTENDANCE WHICH MAY BE PERFORMED, GIVEN OR PROVIDED BY UNREGISTERED PERSONS The following treatments, tests, operations and other acts may be performed by
unregistered persons: (a) any non-surgical treatment given to an animal by(i) its owner; or (ii) (iii) (iv) (ii); (b) anything done, otherwise than for payment or material advantage, by a person engaged or employed in farming to any animal owned for the purposes of agriculture; (c) anything done in the course of his duties by a person employed by the Government; (d) the rendering in an emergency of first aid for the purposes of saving life or relieving pain; (e) the performance of the following operations: (i) caponising of poultry; (ii) (iii) (iv) (vi) open. (As amended by Act No. 18 of 1975) SECOND SCHEDULE (Section 8) QUALIFICATIONS FOR REGISTRATION AS A VETERINARY SURGEON 1. Degree in Veterinary Medicine granted by the University of Nairobi. 2. Membership or Fellowship of the Royal College of Veterinary Surgeons. 3. Degree in Veterinary Science or Medicine granted by a University in the United Kingdom or the Republic of Ireland. 4. Degree in Veterinary Science or Medicine granted by any University in the Commonwealth and approved by the Board. 5. Degree of Doctor of Veterinary Medicine granted by the Veterinary School of any one of the following Universities in the United States of America, together with such additional qualification as is required before practice is permitted in the United States of America: castration of bovines, rams or goats with a bloodless castrator; castration of boars up to three months of age; the tailing of a lamb; the amputation of the dew claws of a dog before the dog's eyes are a member of the household of which the owner is a member; or a person in the employment of the owner; or a person in the employment of a person referred to in subparagraph
(v) the docking of a tail of a dog before the dog's eyes are open;
Auburn New York California Ohio Colorado Oklahoma Iowa Pennsylvania Kansas Texas Michigan Tuskegee Minnesota Washington 6. A degree in Veterinary Science granted by the University of Zambia. 7. A degree or diploma in Veterinary Science (State Examination) granted by any of the following authorities: (a) University of Berne; (b) University of Gieseen; (c) University of Utrecht; (d) University of Vienna; (e) University of Zurich; (f) Veterinary College of Berlin; (g) Veterinary College of Hanover; (h) Veterinary College of Munich; (i) Karl Marx University at Leipzig; (j) National Veterinary School of Alfort; (k) National Veterinary School of Lyon; (l) National Veterinary School of Toulouse; (m) Royal Veterinary and Agricultural College, Copenhagen; (n) Ukrainian Academy of Agricultural Science, Kiev; (o) Royal Swedish Veterinary College, Stockholm; (p) Royal Norwegian Veterinary College, Oslo.
THIRD SCHEDULE (Section 10 (1)) APPLICATION FOR REGISTRATION AS A VETERINARY SURGEON The Director of Veterinary Service, The Board of Veterinary Surgery, P.O. Box RW60,
Lusaka I (full name) of hereby make application for registration as a veterinary surgeon. My qualifications are
I enclose a certified true copy of the following degree\diploma:
................................................................ Date (As amended by Act No. 18 of 1975) FOURTH SCHEDULE (Section 10 (4)) CERTIFICATE OF REGISTRATION AS A VETERINARY SURGEON
Signature
is hereby registered as a veterinary surgeon under section 10 (4) of the Veterinary Surgeons Act. GIVEN at Lusaka this day of ,19 ................ Director of Veterinary Services (As amended by Act No. 18 of 1975) CHAPTER 244 THE BRANDS ACT
Section 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. Short title Interpretation Registrar and Deputy Registrars of Brands Registers to be kept Application for registration as proprietor of brand Receipt of application Allotment of brand Certificate of registration Brand Directory Transfer of brand Use of registered brand by unauthorised person Evidence of certificate of Registrar Burden of proof Offence and penalty for wrongfully using brands not registered Regulations
CHAPTER 244
BRANDS An Act to provide for the registration of brands; to provide for a Registrar of Brands and Deputy Registrars; and to provide for matters incidental thereto. [1st November, 1913] 1. This Act may be cited as the Brands Act.
12 of 1913 49 of 1955 Government Notices 319 of 1964 497 of 1964 Act No. 13 of 1994
Short title
2. In this Act, unless the context otherwise requires"brand" means the impression of any letter, sign or character branded upon any horse or cattle, and the impression of any letter, sign or mark
Interpretation
branded or tattooed on the body of any sheep or goat or made upon the wool of any sheep or goat by pitch, paint, tar or other substance; "Brand Directory" means the list of the brands compiled by the Registrar and published by authority; "cattle" means any bull, cow, ox, heifer, steer or calf, or any domesticated eland or eland hybrid; "fees" means any fees, rates or charges which any person may be liable to pay under this Act or any regulations made in pursuance thereof; "horse" means any horse, mare, gelding, colt, filly, ass or mule, or any domesticated zebra or zebra hybrid; "proprietor" means the registered proprietor of any brand; "Registrar" means the Registrar of Brands appointed for the purposes of this Act and includes any person for the time being lawfully acting in that capacity; "similar brand" means a brand so like another brand as to be likely to be mistaken for it. 3. (1) There shall be a public officer or public officers to exercise under Registrar and Deputy Registrars this Act the functions ofof Brands
(a)
the Registrar of Brands for Zambia;
(b) Deputy Registrars for certain districts or groups of districts who shall be subordinate to the Registrar for the purposes of this Act. (2) The place or places at which the offices of the Registrar or Deputy Registrars shall be situate shall be as determined from time to time. 4. The Registrar shall keep separate registers for the registration of brands of(a) horses;
Registers to be kept
(b) (c)
cattle; sheep and goats.
Application for 5. An owner of such animals as are referred to in the last preceding section may deposit the prescribed fees and make application in writing registration as proprietor of brand to the Registrar to be registered as the proprietor of a brand. Such brand may be in respect of any one or more of such classes of animals.
6. The Registrar, upon receiving any such application and on payment Receipt of application of the prescribed fees, shall send to the applicant a certificate of such receipt. 7. (1) Any person requiring a brand may, on application and on payment of the prescribed fee, have a brand allotted to him by the Registrar. (2) Any person may submit to the Registrar a brand of his selection which, if acceptable to the Registrar and on payment of the prescribed fee, may be registered as the applicant's brand. (No. 49 of 1955) 8. The Registrar shall forward to every applicant a certificate of registration as soon as the registration shall be completed. (As amended by No. 49 of 1955) 9. As soon as may be after the 31st December in each year, the Registrar, or such other public officer as may be designated, shall compile a Brand Directory containing a correct and complete list of all registered brands and of names and residences of all proprietors registered up to that date.
Brand Directory Certificate of registration Allotment of brand
10. Any registered proprietor may transfer his right to any registered Transfer of brand brand to any other person in such form as may be prescribed. Such transfer shall only have validity when registered by the Registrar upon payment of such fee as may be prescribed. Every person receiving such transfer shall, after due registration thereof, be entitled to a certificate thereof under the hand of the Registrar.
11. Any person, not being the registered proprietor of any brand in any district and not acting with the authority of such proprietor, who shall impose or cause to be imposed upon any horse, cattle, sheep or goat, as the case may be, any such registered brand shall be liable, upon conviction, to a fine not exceeding three hundred penalty units and, in default of payment, to imprisonment with or without hard labour for any term not exceeding one month. (As amended by Act No. 13 of 1994)
Use of registered brand by unauthorised person
12. On the trial of any person for the theft of any horse, cattle, sheep or Evidence of certificate of goat, or for receiving such horse, cattle, sheep or goat or any part or Registrar portion thereof, knowing the same to have been stolen, it shall be competent for the prosecution to give evidence that the brand upon the animal alleged to have been stolen is the registered brand of the person alleged to be the owner of such animal, or of some person through or from whom such owner derived his right to such animal, and a certificate under the hand of the Registrar shall constitute prima facie proof of the facts therein stated as to the registration of any brand. 13. On the trial of any such person as aforesaid, who shall have been Burden of proof apprehended in possession of any animal branded with any registered brand, and upon proof being given of the ownership of such animal and that a theft thereof has been committed, the onus of proof that such animal was lawfully or innocently in his possession shall rest upon the accused person. 14. Any owner of any animal of a class in respect of which a brand may be registered who shall, after the commencement of this Act, mark any such animal with any brand not duly registered as his brand under the provisions of this Act, shall be liable to a fine not exceeding one hundred and fifty penalty units and, in default of payment, to imprisonment with or without hard labour for any term not exceeding fourteen days. (As amended by Act No. 13 of 1994)
Regulations 15. (1) The Minister may, by statutory instrument, from time to time make, amend, alter or repeal such regulations as may be necessary for the proper carrying out of the provisions of this Act and more especially may prescribeOffence and penalty for wrongfully using brands not registered
(a) the forms in which applications for and certificates of registration shall be made; (b) the form and manner of giving any notice required but not specially provided for by this Act; (c) the form in which any transfer of the right to any registered brand shall be effected; (d) the size of any brands entitled to registration, the portions of the body on which animals of the several classes shall respectively be branded, and the order in which different brands shall be imposed; (e) the fees to be paid under the provisions of this Act;
(f) the system and procedure to be observed by the Registrar in allotting brands. (2) Such regulations may further impose a penalty not exceeding one hundred and fifty penalty units for any breach thereof or, in default of payment of such fine, imprisonment with or without hard labour for any term not exceeding fourteen days. (As amended by G.N. No. 319 of 1964 and Act No. 13 of 1994)
SUBSIDIARY LEGISLATION
BRANDS THE BRANDS REGULATIONS [ARRANGEMENT OF REGULATIONS]
Regulation 1. 2. 3. 4. 5. Title Interpretation Brands District Prescribed forms Form of brand
6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18.
Special brand Number of brands to be allotted Size of brands Allotment of brands Prescribed fees Imprinting of brands Branding of ears Surrender of brand Cancellation of brand Re-allotment of brand Annual return of brands registered Public pound Branding by pound-masters
FIRST SCHEDULE-Prescribed forms SECOND SCHEDULE-Brands Allotted to Different Brands Districts THIRD SCHEDULE-Returns of Brands Registered FOURTH SCHEDULE-Brands Alloted to Public Bodies and Organisations SECTION 15-THE BRANDS REGULATIONS Regulations by the Minister
Government Notices 50 of 1931 76 of 1931 110 of 1936 280 of 1953 298 of 1955 24 of 1956 93 of 1956 207 of 1960 24 of 1961 497 of 1964 Statutory Instruments 57 of 1965 25 of 1983
29 of 1983 Act No. 13 of 1994
1. These Regulations may be cited as the Brands Regulations. 2. In these Regulations, unless the context otherwise requires-
Title
Interpretation
"allotted brand" means a brand allotted to an applicant by the Registrar; "selected brand" means a brand chosen by any applicant and submitted to the Registrar for registration. (As amended by No. 24 of 1956) 3. For the purposes of the Act and of these Regulations, the Brand Districts shall coincide with the areas covered by provinces as demarcated in the Provinces and Districts (Division) Order. (As amended by S.I. No. 25 of 1983) 4. (1) The form of application for registration of a brand shall be that set Prescribed forms out in Form 1 in the First Schedule. (2) The form of application for registration of a selected brand shall be that set out in Form 2 in the First Schedule. (3) The form of a certificate of registration shall be that set out in Form 3 in the First Schedule. (4) The form of a transfer of a brand from one registered proprietor to another shall be that set out in Form 4 in the First Schedule. (5) The form of a certificate of such transfer shall be that set out in Form 5 in the First Schedule. (No. 24 of 1956) 5. (1) Save as hereinafter provided, every allotted brand shall consist of Form of brand
Brands Districts Cap 286
a set of two letters arranged horizontally, and a set of two digits also arranged horizontally, so that the letters and the digits together occupy the four quarters of an imaginary square wherein the set of letters shall comprise any of the letters of the alphabet excluding I, O, S and Z, and shall be placed either above or below the set of digits which shall comprise the integers 1 to 9. (2) The Registrar or such other public officer as may be designated in that behalf shall keep a register of all the brands possible under sub-regulation (1), in accordance with the tables set out in the Second Schedule. (As amended by S.I. No. 25 of 1983) 6. The public bodies and organisations set out in the first column of the Special brands Fourth Schedule shall be deemed to be the registered proprietors of the respective brands set out in the second column of that Schedule. (As amended by S.I. No. 25 of 1983) 7. One brand and no more shall be allotted to any person in one Brands Number of brands to be alloted District. 8. The size of the characters of every allotted brand branded on stock Size of brands of the age of twelve months and over shall be eight centimetres in height and six centimetres in width, but stock under the age of twelve months may be branded with characters of one-half of the above size. (As amended by G.N. No. 24 of 1956 and S.I. No. 25 of 1983) 9. (1) An applicant for an allotted brand shall be allotted the next vacant Allotment of brands brand appearing in the register kept under sub-regulation (2) of regulation 5. (2) An applicant for registration of a selected brand may, at the discretion of the Registrar, be registered as the proprietor of that brand. (As amended by G.N. No. 24 of 1956 and S.I. No. 25 of 1983) 10. There shall be payable to the Registrar(a) for every separate registration of an allotted brand, thirteen fee
Prescribed fees
units; (b) for every separate registration of a selected brand, twenty-five fee units; (c) for every transfer of a brand, thirteen fee units; (d) where the brand symbol selected by any applicant necessitates special printing arrangements, the cost of such printing shall be borne by the applicant. (G.N. No. 24 of 1956 as amended by No. 93 of 1956 and Act No. 13 of 1994) 11. All brands shall be imprinted on stock as follows: (a) In the case of horses, mules or donkeys, the first brand shall be imprinted on the left side of the neck or on the left rump, and any second or subsequent brand shall (where there is sufficient space for such purpose) be imprinted on the same part of such animal and at a distance of not less than 3.81 centimetres from and directly underneath the last imprint. (As amended by S.I. No. 25 of 1983) Where there is not sufficient space for the purpose, then such second or subsequent brand shall be imprinted on that part of such animal next in order according to the following table: (i) (ii) (iii) right neck or rump (or thigh); left shoulder (or top of arm); right shoulder (or top of arm).
Imprinting of brands
(b) In the case of cattle, the first brand shall be imprinted on the left rump (or thigh), and any second or subsequent brand shall (where there is sufficient space for the purpose) be imprinted on the same part of such animal and at a distance of not less than 3.81 centimetres from and directly underneath the last imprint. Where there is not sufficient space for the purpose, then such second or subsequent brand shall be imprinted on that part of such animal next in order according to the following table: (i) right rump (or thigh);
(ii) (iii)
right shoulder (or top of arm); left shoulder (or top of arm).
(c) In the case of sheep and goats, the first brand shall be imprinted on the right shoulder, and any second or subsequent brand in the following order: (i) (ii) (iii) (iv) (v) right side or ribs; right rump (or thigh); left shoulder; left side or ribs; left rump (or thigh).
(As amended by No. 280 of 1953)

Branding of ears 12. Each proprietor of a registered brand shall have the right, in addition to imprinting his brand in the manner above prescribed, to place such brand on the ears of such animals by punching, tattooing or ear rivets.
13. The owner of any brand may surrender the same, and the Registrar Surrender of brand shall, on receipt of notice thereof, cancel the registration by Gazette notice.
Cancellation of 14. When it appears to the Registrar, upon the report of an Assistant District Secretary or a Veterinary Officer, that a registered brand is not brand in use, he may cause notice thereof to be given to the owner thereof calling upon him to show cause why the same should not be cancelled; if cause is not shown to the satisfaction of the Registrar within six months after such notice, he may cancel the brand.
15. No brand which has been surrendered or cancelled shall be re-allotted until a period of five years from such surrender or cancellation has elapsed.
Re-allotment of brand
16. The Registrar shall, at the end of each year or as soon thereafter as Annual return of possible, transmit for publication in the Gazette a statement, as set out in brands registered the Third Schedule, of all brands registered under the Act during the previous twelve months. 17. The Registrar shall allot a brand to every public pound already or hereafter to be established, and shall register the same.
Public pound
18. (1) A brand allotted to a public pound shall be in the form set out in Branding by pound-masters regulation 5, except that the set of letters shall comprise the letter O horizontally followed by the letter (or the first of the letters) designating the Brand District in which the pound is located. (2) On the sale of any stock which was impounded, the poundmaster shall brand the same with the brand allotted to such pound, in accordance with these Regulations so as to show clearly that the said brand is the last brand imprinted on such stock. (3) Any poundmaster who fails to comply with the provisions of sub-regulation (2) shall be guilty of an offence and shall be liable, on conviction, to a fine not exceeding five hundred and twenty-five penalty units, or to imprisonment for a period not exceeding three months, or to both. (4) The Registrar shall maintain a register of brands allotted to pounds. (As amended by S.I. No. 25 of 1983 and Act No. 13 of 1994)
FIRST SCHEDULE
PRESCRIBED FORMS
FORM 1 (Regulation 4(1))

REPUBLIC OF ZAMBIA THE BRANDS REGULATIONS APPLICATION FOR BRAND
Section A. To the Registrar,
............................................................................................................................................................
I/we enclose the prescribed fee of fee units .................................................................................................................. and request a brand for the holding or place mentioned in the Schedule below.
Full name of applicant
Address
Brand District for which Brand is required
Date ............................................................. .......................................................... .................................. Signature of Applicant (No 29 of 1983) Section B. For Official Use Only Comments from Village Headman or District Council in whose area the applicant resides: .................................................................................................................................................................. .................................................................................................................................................................. .................................................................................................................................................................. Date ............................................................. Signed .................................................................................... .... (Name in block letters) Comments from Zambia Police in the applicant's locality: .................................................................................................................................................................. .................................................................................................................................................................. .................................................................................................................................................................. Date .......................................................... Signed
.................................................................................... ... (Name in block letters) Brand allotted: Certificate of Registration No .................................................................................................................. Date ................................................................ ....................................................................................... .. Registrar of Brands (As Amended by S.I. No. 29 of 1983) and Act No. 13 of 1994)
REPUBLIC OF ZAMBIA THE BRANDS REGULATIONS
FORM 2 (Regulation 4 (2))

APPLICATION FOR SELECTED BRAND
To the Registrar, .................................................................................................................................................................. Herewith I/we enclose the prescribed fee of ............................................................... and request that you will register the brand* .......................................................... for the holding or place mentioned in the Schedule below. *Insert brand symbol Brand District for which Brand is required Full name of Applicant Address
Date .......................................................... ....................................... ........................................ Applicant (As Amended by G.N. No. 24 of 1956) and S.I. No. 25 of 1983)
FORM 3 (Regulation 4 (3)

CERTIFICATE OF REGISTRATION OF A BRAND
No ......................................................................... ......................................................................... day of....................................................................
I hereby certify that the brand shown in the diagram at foot hereof was duly registered on the date and as the brand of the person(s) set forth in the Schedule below. (As amended by S.I. No. 25 of 1983) Brand District for which Brand is required
Owner's full Name
Address
Date of Registration
Fee .......................................................................... Diagram of Brand .................................................... ............................................................................... Registrar of Brands (As Amended by G.N. No. 24 of 1956) and S.I. No. 25 of 1983)

MEMORANDUM OF TRANSFER OF A BRAND
I/We ................................................................., being the registered owner(s) of the brand set forth in the Schedule below, do hereby agree to the transfer of the same to ..................................................... of .................................................... and hereby request that the same may be registered accordingly And I/We ........................................................., the second undersigned, do also hereby agree to the said transfer and enclose the fee therefor, ....................................................................... fee units. Witness .........................................................................................................................................Owner Address...................................................................... Witness ........................................................... ..........................................................................Owner Address...................................................................... Name and Address of Registered Owner of Brand Brand District for which Brand is registered
Brand
No. of Certificate
(As amended by G.N. No. 24 of 1956,) S.I. No. 25 of 1983 and Act No. 13 of 1994)

CERTIFICATE OF TRANSFER
No ............................................................................ Date ...................................................................
This is to certify that the brand shown at the foot hereof was this day transferred from ................................................. of .............................. to .............................. of .............................. Fee paid ......................................................... Dated this ......................... day of ............................. ............................................................................... Registrar of Brands Brand District where Brand is to be used
Brand
Transferee's Name and Address
No. of Certificate
(As amended by G.N. No. 24 of 1956) and S.I. No. 25 of 1983)
SECOND SCHEDULE (Regulation 5 (2))

Brands Allotted to Different Brands Districts Name of Brand District Lusaka .. .. Set of letters starting with A B C D E F G H J K L M N P Q R T U V W X Y
Followed by any of the letters A, B, C, D, E, F, G, H, J, K, L, M, N, P, Q, R, T, U, V, W, X, Y. as above as above as above as above as above as above as above as above as above as above as above as above as above as above as above as above as above as above as above as above as above (As amended by S.I. No. 25 of 1983)
Central
..
..
Copperbelt Luapula.. Northern.. Eastern.. Southern
.. .. .. .. ..
Western..
..
North-Western
THIRD SCHEDULE
REPUBLIC OF ZAMBIA THE BRANDS REGULATIONS (Regulation 16) RETURNS OF BRANDS REGISTERED
During the year ended 31st December, 19 .........., for the District of ......................................................................................... under the Brands Act.
Name of Registered Owner
Address
Brand District for which Brand is registered
Particulars of Brand Brand allotted No. of Certificate Date of Registration
(As amended by S.I. No. 24 of 1956) and S.I. No. 25 of 1983)
FOURTH SCHEDULE
(Regulation 6) BRANDS ALLOTED TO PUBLIC BODIES AND ORGANISATIONS
Body or organisation Government of Zambia and its Ministries and Departments Department of Veterinary and Tsetse Control Services for purpose of identifying origin or treatment under regulation 8 of Stock Diseases Regulations (Cap. 252) Brands Z placed above two digits from 1 to 9 Z
(As amended by S.I. No. 25 of 1983)
CHAPTER 245 THE PREVENTION OF CRUELTY TO ANIMALS ACT

Section 1. 2. Short title Interpretation
3. Acts and omissions which amount to cruelty and penalties therefor 4. 5. 6. 7. owner 8. 9. 10. 11. 12. 13. 14. Order of court for destruction of animals Deprivation of ownership Damages Destruction of animals by police officer without consent of Production of driver, conductor or animal at hearing Power of entry on premises Powers of arrest without warrant Separate charges may be brought in respect of each animal Delegation of powers to a society Vexatious complaints Service of process on a company
CHAPTER 245
PREVENTION OF CRUELTY OF ANIMALS An Act to provide for the prevention of cruelty to animals; to specify acts and omissions which amount to cruelty and penalties therefor; to prescribe the powers of police officers; and to provide for matters incidental thereto. [20th January, 1921]
20 of 1920 36 of 1933 32 of 1952 47 of 1963 Government Notice 319 of 1964 Statutory Instrument 29 of 1964 Act No. 13 of 1994
1. This Act may be cited as the Prevention of Cruelty to Animals Act. Short title 2. In this Act, unless the context otherwise requires"animal" means any horse, mare, gelding, bull, cow, ox, heifer, steer, calf, mule, ass, sheep, lamb, hog, pig, sow, goat, fowl, ostrich, dog, cat, or any other domestic animal, fowl or bird, and shall also include any wild animal, fowl or bird in a state of captivity; "owner", in addition to its ordinary meaning, includes any person having the charge, custody or control of any animal. 3. (1) Any person whoActs and omissions which amount to cruelty and penalties therefor Interpretation
(a) shall cruelly beat, kick, ill-treat, over-ride, over-load or torture any animal, or shall cause any animal to be so used, or shall drive or use any animal which is so diseased or so injured, or in such a physical conditions that it is unfit to do any work, or shall by wantonly or unreasonably doing or omitting to do any act, or causing or procuring the commission or omission of any act, cause any unnecessary suffering, or, being the owner, permit in manner aforesaid any unnecessary suffering to be caused to any animal; or (b) shall convey or carry, or cause or procure, or, being the owner, permit to be conveyed or carried, any animal in such a manner or position as to cause that animal any unnecessary suffering; or (c) shall cause, procure or assist at the fighting of any animal, or shall keep, use, manage, or act or assist in the management of any premises or place used for the purpose, or partly for the purpose of fighting any animal, or shall permit any premises or place to be so kept, managed or used, or shall receive or cause or procure any person to receive money for the admission of any person to such premises or place; or (d) shall, without any reasonable cause or excuse, administer, cause or procure, or, being the owner, permit such administration of, any poisonous or injurious drug or substance to any animal, or shall without
any reasonable cause or excuse, cause any such substance to be taken by any animal; or (e) shall subject, or cause or procure, or, being the owner, permit to be subjected, any animal to any operation which is performed without due care and humanity; or (f) shall kill an animal in the sight of any other animal awaiting slaughter; shall be guilty of cruelty and of an offence under this Act, and shall, on conviction, be liable to a fine not exceeding seven hundred and fifty penalty units, or in default of payment, to imprisonment with or without hard labour for a period not exceeding three months, or to such imprisonment without the option of a fine, or in case of a second or further conviction, to a fine not exceeding one thousand five hundred penalty units, or in default of payment, to imprisonment with or without hard labour for a period not exceeding six months, or to such imprisonment without the option of a fine, or to corporal punishment in any number of cuts not exceeding fifteen, or to any two of the aforesaid punishments: Provided that corporal punishment shall only be awarded if the court considers that the offence was of an aggravated nature. (2) For the purposes of this section, an owner shall be deemed to have permitted cruelty if he shall have failed to exercise reasonable care and supervision in respect of the protection from such cruelty of any animal which is his property or in his charge. (3) The Minister may, from time to time by statutory instrument, make regulations as to the supply of food and water to animals while in the custody of a railway company for the purpose of being conveyed by train, and any railway company which fails to cause food and water to be supplied to any animal in accordance with such regulations, and any officer of such company who, having been charged with the duty of supplying food and water to any animal in accordance with such regulations, wilfully neglects to fulfil such duty shall be guilty of cruelty and of an offence under this Act and shall, on conviction, be liable to the penalties prescribed by this section. (As amended by No. 32 of 1952 ,G.N. No. 319 of 1964 and Act No. 13 of 1994)
Regulations for feeding and watering animals in transit by train
4. (1) Where the owner of an animal is convicted of an offence under Order of court for destruction of this Act in respect of such animal, it shall be lawful for the court, if animals satisfied that it would be cruel to keep the animal alive, to direct that the animal be destroyed, and to assign the animal to any suitable person for that purpose; and the person to whom such animal is assigned shall, as soon as possible, destroy such animal or cause or procure such animal to be destroyed in his presence without unnecessary suffering. Any reasonable expenses incurred in destroying the animal and removing and burying the carcass may be ordered by the court to be paid by such owner, and thereupon shall be recoverable from him as a civil debt. (2) No appeal shall lie from an order for the destruction of an animal under subsection (1). 5. Where the owner of an animal is convicted of an offence under this Deprivation of ownership Act in respect of such animal, the court may, in addition to any other punishment, deprive such person of the ownership of the animal, and make such order as to the disposal of the animal as it shall think fit: Provided that no order shall be made under this section unless it is shown by evidence as to a previous conviction, or as to the character of the owner, or otherwise, that the animal, if left with the owner, is likely to be exposed to further cruelty. 6. (1) Whenever any person is convicted of an offence under this Act Damages and it appears that such person has by that offence caused damage to any person, the court may, at the written request of the aggrieved person, but in the presence of the convicted person, inquire summarily and without pleadings into the amount of damage so caused. (2) Upon proof of such amount, the court shall give judgment therefor in favour of the person aggrieved and against the convicted person, and such judgment shall be of the same force and effect, and be executable in the same manner as if it had been given in a civil action duly instituted before such court: Provided that judgment shall not be given under this section for a sum exceeding three thousand penalty units. (As amended by Act No. 13 of 1994)
7. (1) If a police officer find any animal so diseased or so severely injured or in such a physical condition that in his opinion it ought to be destroyed, he shall, if the owner be absent or refuse to consent to the destruction of the animal, at once summon a veterinary surgeon, if any veterinary surgeon be within reasonable distance, or two landowners, and if such veterinary surgeon or such landowners, after having duly examined such animal, shall give a certificate that the animal is mortally injured or so severely injured or so diseased or in such physical condition that it is cruel to keep it alive, it shall be lawful for the police officer, without the consent of the owner, to slaughter the animal, or cause or procure it to be slaughtered with such instruments or appliances and with such precautions and in such manner as to inflict as little suffering as practicable, and if the slaughter takes place on any public road, to remove the carcass or cause it to be removed therefrom. (2) Any expenses which may be reasonably incurred by any police officer in carrying out the provisions of this section (including the expenses of any veterinary surgeon or the said owners of land, and whether the animal is slaughtered under this section or not) may be recovered from the owner as a civil debt. (3) Where a person having charge of a vehicle or animal is apprehended by a police officer for any offence under this Act, or where any animal is found by any police officer being treated with cruelty, it shall be lawful for that or any other police officer to take charge of such vehicle or animal, and to deposit the same in some place of safe custody until the termination of the proceedings or until the court shall direct such vehicle or animal to be delivered to the person charged or the owner, and the reasonable costs of such detention, including the reasonable costs of veterinary treatment when such treatment is required, shall, in the event of a conviction in respect of the said animal, be recoverable from the owner as a civil debt, or where the owner himself is convicted, shall be part of the costs of the case. 8. (1) In all cases where the offender is not in custody and where proceedings are instituted under this Act, it shall be lawful for the court to issue a summons directed to(a) the employer of any driver or conductor of any vehicle against whom any proceedings are instituted under this Act;
Destruction of animals by police officer without consent of owner
Expenses of such destruction
Safe custody, and expenses of same, of animals, etc., pending proceedings
Production of driver, conductor or animal at hearing
(b) the owner of any animal in respect of which any proceedings are instituted under this Act; requiring him, as the case may be, and if in his power so to do, to produce the driver or conductor at the hearing of the case, or the animal for inspection (if such can be done without cruelty) either at or at any time before the hearing of the case. (2) Where a summons is issued under subsection (1) and the owner or employer, as the case may be, fails to comply therewith, without satisfactory excuse, he shall be liable upon conviction to a fine not exceeding one hundred and fifty penalty units for the first occasion and not exceeding three hundred penalty units for the second or any subsequent occasion on which he so fails, and may be required to pay the costs of any adjournment rendered necessary by his failure. (As amended by No. 36 of 1933 and Act No. 13 of 1994)
Power of entry on 9. A police officer may, without any warrant, and at any time, upon premises obtaining permission from the owner, or failing such permission, on obtaining an order from a magistrate, enter any premises where animals are kept for the purpose of examining the conditions under which they are so kept.
(As amended by No. 36 of 1933) 10. Every person who is suspected on reasonable grounds of having committed an offence against this Act may, if there is reason to believe that the ends of justice would be defeated by the delay in obtaining a warrant, be arrested without warrant by a police officer of or above the rank of Assistant Inspector. (As amended by No. 36 of 1933 and No. 47 of 1963) 11. Separate charges may be brought against any person or persons in Separate charges may be brought in respect of each animal, if more than one is concerned.
respect of each animal Powers of arrest without warrant
12. The Director or Deputy Director of Veterinary Services and Tsetse Delegation of powers to a society Control may, by writing under his hand, authorise any officer of any society for the prevention of cruelty to animals to exercise within his district all or any of the powers conferred by this Act upon a police officer, and, in the exercise of such powers, the officer of the society
shall, when required, produce for inspection such documents of authority. The Director or Deputy Director in Charge of Veterinary Services and Tsetse Control may, for good cause, revoke any such authority. (As amended by No. 36 of 1933 and S.I. No. 29 of 1964) 13. If, upon the prosecution of any person for any offence under this Act, the court, upon hearing the charge or complaint, shall pronounce the same unfounded or vexations, the court may award costs according to the scale of costs set forth in the Subordinate Courts (Civil Jurisdiction) Rules against the society or person at whose instance the charge or complaint was laid. (As amended by No. 36 of 1933) 14. In any proceedings under this Act against a company, service of any process may be effected upon any officer or person acting or appearing to act in the management of the business or affairs of such company or local agent or representative of such company. CHAPTER 246 THE EXPORT OF PIGS ACT
Service of process on a company Vexatious complaints Cap. 28
Section 1. 2. 3. 4. Short title Export of pigs Regulations Penalty
CHAPTER 246
EXPORT OF PIGS An Act to regulate the export of pigs from Zambia; and to provide for matters incidental thereto.
24 of 1925 Government Notices 319 of 1964 497 of 1964
[6th June, 1925] 1. This Act may be cited as the Export of Pigs Act.
Act No. 13 of 1994
Short title
2. The Minister may, from time to time by statutory notice, prohibit the Export of pigs export of pigs from Zambia, or any part thereof, unless and until all regulations with regard to their export have been complied with, and may at any time, by like notice, rescind the same. (As amended by G.N. No. 319 of 1964) 3. The Minister may, by statutory instrument, make regulations for the Regulations purpose of regulating and controlling the exports of pigs from Zambia, or any part thereof, and prescribing the fees to be paid in respect of proceedings under such regulations. (As amended by G.N. No. 319 of 1964)
Penalty 4. Any person who shall contravene any of the provisions of any regulations made under the provisions of this Act shall be guilty of an offence and liable, on conviction, to a fine not exceeding three thousand penalty units or, in default of payment thereof, to imprisonment with or without hard labour for any period not exceeding six months, or to both.
(As amended by Act No. 13 of 1994) CHAPTER 247 THE CONTROL OF DOGS ACT
Section 1. 2. 3. 4. Short title Interpretation Regulations Fabrication of certificate or badge
CHAPTER 247
CONTROL OF DOGS An Act to amend and consolidate the law relating to the registration and control of dogs and the prevention of rabies; and to provide for matters incidental thereto. [15th March, 1929]
17 of 1929 6 of 1940 3 of 1953 69 of 1965 Act No. 13 of 1994 Government Notices 319 of 1964 497 of 1964
1.
This Act may be cited as the Control of Dogs Act.
Short title
2. In this Act, unless the context otherwise requires"dog", other than in regulations dealing only with registration, includes any tame or partly tame carnivorous animal in captivity.
Interpretation
3. The Minister may, from time to time by statutory instrument, make, Regulations alter and repeal regulations(a) to prohibit or regulate the introduction of dogs into Zambia from all or any of the adjacent countries and to authorise the destruction of any dogs unlawfully introduced into Zambia; (b) to prohibit or regulate the removal of dogs from any place to any other place within Zambia; (c) to authorise or require the control, isolation, inoculation, muzzling or destruction of any dogs within Zambia or any part thereof and to prescribe the manner in which the carcasses of any dogs so destroyed as aforesaid shall be dealt with or disposed of; (d) to prescribe the manner in which and by whom and to whom notice of the fact shall be given if any dog is suspected of suffering from rabies; (e) to provide for the registration of dogs in any particular area and to prescribe the persons or authorities by whom such registration shall be carried out, the forms to be used, the badges to be issued and the fees to be paid, and any other matters or things he deems it necessary to prescribe in connection with such registration; (f) providing that fees collected under this Act by a rural council shall be paid into the general fund of the rural council; (g) to prescribe penalties for the contravention or attempted
contravention of any regulation, such penalties not to exceed one year's imprisonment with or without hard labour or a fine of three thousand penalty units or both; and generally for carrying into effect the purposes or provisions of this Act. (As amended by No. 6 of 1940, No. 3 of 1953, G.N. No. 319 of 1964, No. 69 of 1965 and Act No. 13 of 1994) 4. Any person who shallFabrication of certificate or badge
(a) fabricate any certificate or badge prescribed by any regulations made under the preceding section with intent that it shall be used as a certificate or badge lawfully issued under such regulations; (b) use or utter any fabricated certificate or badge knowing the same to have been fabricated with intent as aforesaid; (c) steal or be found in possession of any certificate or badge issued under such regulations to another person without being able to account satisfactorily for such possession; shall be guilty of an offence against this Act and shall be liable, on conviction, to imprisonment with or without hard labour for a period not exceeding two years.
CONTROL OF DOGS THE CONTROL OF DOGS REGULATIONS [ARRANGEMENT OF REGULATIONS]
PART I PRELIMINARY
Regulation 1. Title
2.
Interpretation
PART II REGISTRATION
3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. Application of Part II Power to exempt Application for registration Certificate of registration Collars to be worn Duplicate badge Transfer of ownership of dog Production of dog and certificate Limitation of certificates Prescribed fees Dogs temporarily in area to which Part II applies Destruction of dogs Destruction of stray dogs
PART III IMPORTATION

16. 17. 18 19. Introduction of dogs without permit prohibited Application for permit Preservation and production of permit Disposal of dogs introduced without permit
PART IV
PREVENTION OF RABIES
Regulation 20. 21. 22. 23. Preventive measures Destruction of rabid dog Measures to be taken by owner Suspected rabid dogs
24. Control by Veterinary Officer or Livestock Officer or Veterinary Assistant 25. 26. 27. 28. 29. Disposal of carcass Declaration of infected area Power of Director of Veterinary Services to vary areas Regulations applicable to infected areas Publication in Gazette
PART V PREVENTION OF TRYPANOSOMIASIS

30. 31. Power to seize and detain Prohibition of movement
PART VI MISCELLANEOUS
32. 33. 34. Powers of officers Movement from Veterinary Districts Penalties
FIRST SCHEDULE-Registering authorities
SECOND SCHEDULE-Areas to which the provisions of Part II apply THIRD SCHEDULE-Prescribed forms SECTION 3-THE CONTROL OF DOGS REGULATIONS Regulations by the Minister
Government Notices 1 of 1933 26 of 1933 117 of 1933 7 of 1935 27 of 1935 10 of 1937 58 of 1937 127 of 1938 18 of 1940 35 of 1940 31 of 1943 237 of 1944 268 of 1947 239 of 1948 94 of 1949 95 of 1949 193 of 1949 229 of 1949 230 of 1949 99 of 1950 130 of 1950 287 of 1950 332 of 1950 186 of 1951 208 of 1952 261 of 1953 89 of 1954 264 of 1957 278 of 1957 336 of 1958 36 of 1959 319 of 1964 497 of 1964 Statutory Instruments 29 of 1964 57 of 1965 88 of 1979 222 of 1979 119 of 1982 70 of 1987 130 of 1989 170 of 1989 Act No. 13 of 1994
PART I
PRELIMINARY
1. These Regulations may be cited as the Control of Dogs Regulations. Title 2. In these Regulations, unless the context otherwise requiresInterpretation
"Council" shall have a meaning assigned to it in the Local Government Act. "Director of Veterinary Services" includes a Deputy Director of Veterinary Services; "officer" includes any Registering Authority, Administrative Officer, Veterinary Officer, police officer of or above the rank of Sub-Inspector, officer of the Department of Wildlife, Fisheries and National Parks, Livestock Officer and Veterinary Assistant; "outbreak" means any known or suspected case of rabies; "Registering Authority" means any person specified in the First Schedule; "valid certificate of inoculation" means a certificate issued by an officer or veterinary surgeon and so endorsed by such officer or veterinary surgeon to indicate that the dog has been inoculated in accordance with regulation 4 of the Control of Dogs (Inoculation) Regulations; "Veterinary District" shall have the same meaning as in the Stock Diseases Regulations. (As amended by No. 35 of 1940, No. 31 of 1943, No. 193 of 1949, No. 99 of 1950, No. 278 of 1957, No 36 of 1959, No. 57 of 1965 and No. 130 of 1989)
Cap. 252
PART II REGISTRATION
3.
This Part shall apply to the areas set out in the Second Schedule.
Application of Part II
4. The Minister may, by statutory notice, declare that the provisions of Power to exempt these Regulations or of any Part thereof shall not apply in the case of dogs owned by any specific class of persons, either generally or in any particular area. (No. 229 of 1949 as amended by No. 319 of 1964) 5. Application for registration of any dog as hereinafter provided shall Application for be made to a Registering Authority in the district in which the applicant registration is resident, and such application shall be in Form 1 in the Third Schedule. 6. (1) Every owner or other person having the custody or control of a dog of the apparent age of three months or over shall register such dog and take out in respect thereof a badge and certificate of registration as hereinafter provided. (2) In respect of dogs which are on the 1st January in any year at the apparent age of three months and over, application shall be made for the issue or renewal of a certificate of registration within one month after such date and, in respect of dogs reaching such age between such date and the 31st December next ensuing, application for such certificate shall be made within one month after the dog reaches such age. (3) Such certificate shall be in Form 2 in the Third Schedule and shall expire on the 31st December of each year and shall be renewed annually, and with such certificate there shall be issued to the holder thereof a metal badge stamped with a number and the year of issue, and such number shall be entered on the certificate. (4) A separate certificate shall be issued in respect of each dog registered. (5) Any person applying for a certificate of registration in an area to which the Control of Dogs (Inoculation) Regulations apply shall be
Certificate of registration
required to produce a valid certificate of inoculation in respect of such dog. (As amended by No. 239 of 1948 and No. 278 of 1957)
Collars to be worn 7. Every owner of a dog of the apparent age of three months or over shall cause such dog to wear at all times a collar bearing either the badge issued in respect of such dog or the name and address of the owner.
(No. 130 of 1950 as amended by No. 278 of 1957) 8. On production by the holder of a valid certificate of registration and Duplicate badge on the payment of 1 fee unit, a Registering Authority may issue a duplicate badge in replacement of any badge lost or destroyed. (As amended by Act No. 13 of 1994) 9. On the transfer of any registered dog from one person to another, the Transfer of certificate of registration shall be forwarded to a Registering Authority ownership of dog so that the transferee's name may be endorsed on such certificate. A fee of 1 fee unit shall be payable for such endorsement, which endorsement shall be deemed to constitute an issue of such certificate to the transferee. (As amended by Act No. 13 of 1994)
Production of dog 10. Every person who has in his possession or custody or under his and certificate control a dog in respect of which a certificate of registration is under these Regulations necessary shall, if requested by any officer and within a reasonable time after such request, produce or cause to be produced for inspection any such certificate and the dog in respect of which it was issued.
Limitation of 11. (1) Except with the written consent of the Registering Authority, not more than two certificates or renewals shall be held at the same time certificates by any one household.
(2) Any member of a household who obtains, or attempts to obtain, any certificate or renewal in excess of the maximum prescribed by sub-regulation (1) shall be guilty of an offence. (3) For the purposes of this regulation, the members of a household
shall comprise(a) the person in actual occupation of land or premises without regard to the title under which he holds; and (b) all other persons residing on such land or premises with the express or implied consent of the occupier. (No. 239 of 1948 as amended by S.I. No. 29 of 1964) 12 (1) The fees payable in respect of the issue or renewal of a certificate of registration Prescribed fees shall be(a) In Council areas: Dogs (other than bitches: First Dog .. .. .. .. .. Second and subsequent dogs, each .. .. .. Bitches, each .. .. .. .. .. 6 (b) In Customary areas: Dogs (other than bitches) First dog .. .. .. Second and subsequent dogs, each Bitches, each .. .. .. .. 6 Fee units 5
.. .. ..
.. .. ..
.. .. 5
4 5
(c) Outside Council, areas and reserves and trust land: Dogs (other than bitches): First Dog .. .. .. .. .. .. 5 Second and subsequent dogs, each .. .. .. 6 Bitches, each .. .. .. .. .. 6 (d) Dogs maintained by the Department of National Parks and Wildlife service and certified by an officer of that Department to be maintained for the control of vermin ..
..
Free
(e) Where consent has been given to the holding of more than two certificates or renewals under regulations 11 (1) and where it is certified by the Registering Authority that such additional dogs or bitches are being maintained by a farmer for the protection of stock from vermin, such additional dogs or bitches, each .. .. ..
(2) Where a dog which has already been registered in one area is brought into another area for which a higher registration fee is prescribed, such dog shall again be registered in the latter area and the higher registration fee paid, subject to a rebate equivalent to the fee first
paid. In the event of failure to comply with this sub-regulation, the dog shall be deemed to be unregistered. (3) Fees collected by a rural council shall be paid into the general fund of the rural council. (As amended by No. 35 of 1940, No. 239 of 1948, No. 332 of 1950, No. 336 of 1958, S.I. No. 29 of 1964, S.I. No. 119 of 1982, S.I. No. 70 of 1987, S.I. No. 130 of 1989 and Act No. 13 of 1994)
Dogs temporarily 13. The provisions of this Part shall not apply to any dog introduced into any area to which this Part applies with the permission in writing of in area to which Part II applies a Registering Authority until such dog shall have been in such area for a period of fourteen consecutive days, if such dog is led on a leash or chain when in any street or public place.
14. Any dog over the apparent age of four months, if found without a Destruction of dogs badge issued in respect of such dog, or without a collar bearing its owner's name and address, may be forthwith destroyed by any officer or by the owner or occupier of a farm on which such dog is found straying. (No. 193 of 1949 as amended by No. 130 of 1950 and No. 278 of 1957)
Destruction of 15. (1) Notwithstanding that a dog is registered, if it is found by an stray dogs officer to be so diseased or so severely injured or in such a physical condition that it should be destroyed, it shall be lawful for the officer to destroy the dog-
(a) if the owner of the dog is present and his consent to the destruction is obtained; or (b) if the owner is absent and his presence cannot be obtained without undue delay, the consent to the destruction of some relative or other representative of full age of the owner is obtained; or (c) if, on such consent as aforesaid being unobtainable by reason of the refusal of the owner, or the absence or refusal of all his relatives or other representatives of full age(i) a veterinary surgeon, or if no veterinary surgeon be within reasonable distance, some other officer, having duly examined the dog, gives a certificate that the dog is in his opinion so diseased or so
seriously injured or in such physical condition that it is cruel to keep it alive; or (ii) if, no veterinary surgeon or other officer being within reasonable distance, the presence of one or more of the following persons is obtained as a witness: a chief; a councillor of a rural council; a village headman; a district messenger; a scout of the Department of Wildlife, Fisheries and National Parks; a game guard; a veterinary assistant; a veterinary orderly; a forest ranger; a forest guard; a dispensary assistant; or a rural council kapasu. (2) Any officer who destroys any dog or causes or procures it to be destroyed under the provisions of this regulation shall ensure that the carcass of such dog is buried. (3) Any expenses which may be reasonably incurred by any officer in carrying out the provisions of this regulation may be recovered from the owner as a civil debt. (No. 332 of 1950 as amended by No. 186 of 1951)
PART III IMPORTATION

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

Application for 17. All applications for permits for the importation of dogs shall be made at the office of the Director of Veterinary Services or of an officer. permit
18. The permit issued under regulation 16 must accompany a dog upon Preservation and its introduction into Zambia and thereafter be preserved for a period of production of permit not less than six weeks. Any such permit shall upon demand be produced to any officer.
Disposal of dogs 19. Any dog introduced into Zambia without a permit under these Regulations, or dealt with in violation of any condition endorsed on any introduced without permit such permit, may be seized and placed in quarantine or destroyed or otherwise dealt with by any officer as the Director of Veterinary Services shall direct.
PART IV PREVENTION OF RABIES

20. (a) (b) Any person knowing or suspecting that any doghas bitten any person without any apparent cause; or is infected with or suffering from rabies; or
Preventive measures
(c) has been in contact with any dog or other animal known or suspected to be infected with or suffering from rabies; shall immediately notify the nearest officer. Such officer, if other than a Veterinary Officer or Livestock Officer or Veterinary Assistant, shall immediately convey such notification to the nearest Veterinary Officer or Livestock Officer or Veterinary Assistant and to the Director of Veterinary Services. 21. (1) Any person knowing that a dog is suffering from rabies may destroy such dog. (2) The owner or person in charge of a dog known to be suffering from
Destruction of rabid dog
rabies shall immediately destroy such dog. 22. The owner or other person in charge of a dog which(a) (b) or has bitten any person without any apparent cause; or is suspected of being infected with or to be suffering from rabies;
Measures to be taken by owner.
(c) is suspected of having been in contact with any dog or other animal known or suspected to be infected with or suffering from rabies; shall either destroy such dog or shall secure and confine and keep secured and confined such dog, so as effectively to prevent it having access to any person, dog or other animal and to prevent any dog or other animal or any person (other than the owner or person in charge) having access to it. 23. Any person having reasonable suspicion that any dog is suffering Suspected rabid from rabies may, if such dog is not secured and confined as provided for dogs in these Regulations, destroy such dog. 24. A Veterinary Officer or Livestock Officer or Veterinary Assistant may at any time take control of any dog if, in his opinion, it is advisable to do so for the purpose of close observation of any dog suspected of rabies or for the prevention of rabies, and may, in his discretion, destroy or order the destruction of such dog. 25. The carcass of any dog destroyed under this Part shall be thoroughly burnt and the ashes buried at a depth of not less than 1220 millimetres. Provided that any officer may himself preserve or direct the preservation of any parts of such carcass under proper precautions for scientific investigation. 26. (1) As soon as an officer knows of an outbreak, he may exercise within the Veterinary District under his control all or any of the following powers: (a) declare any area to be an infected area;
Declaration of infected area Control by Veterinary Officer or Livestock Officer or Veterinary Assistant
Disposal of carcass
(b) prohibit the movement of dogs from any place or area to any other place or area; (c) issue such order as to movement, prohibition of movement, quarantine or isolation of dogs as he may consider necessary to prevent the spread of the disease. (2) Every declaration, prohibition or order shall be in writing under the hand of the officer making or issuing the same, and such officer shall take immediate steps to make known such declaration, prohibition or order to all persons affected thereby. (No. 31 of 1943) 27. It shall be lawful for the Director of Veterinary Services at any time to cancel, vary or extend any infected area, and such cancellation, variation or extension shall be notified in the same manner as provided in regulation 26 to the persons affected thereby.
Power of Director of Veterinary Services to vary area
28. (1) As soon as any area shall have been declared an infected area, Regulations the following regulations shall immediately apply to such area and shall applicable to infected areas continue in force until such area is declared by the Director of Veterinary Services to be no longer infected: (a) such animals included in the expression "dog" as shall be specified by the Director of Veterinary Services or any officer declaring an infected area, either at the time or subsequent to the time of such declaration, shall be secured by the owner so as effectively to prevent any such animal having access to any person or to any dog or other animal and to prevent any dog or other animal or any person (other than the owner or person in charge) having access to it: Provided that the Director of Veterinary Services may, in his discretion, order that in substitution for such securing as aforesaid any dog shall be effectively muzzled; (b) any such animal as specified not secured or muzzled as provided for in paragraph (a) may be destroyed by or under the direction of any officer; (c) no person shall introduce or cause to be introduced into or
remove or cause to be removed from an infected area any dog: Provided that the Director of Veterinary Services may grant a permit for the transit by rail of any dog through an infected area on condition that such dog is not detrained at any point within an infected area. (2) For the purposes of this regulation, "owner" includes any person, not being a servant of the owner, in charge of a dog. (As amended by No. 208 of 1952) 29. In addition to such notification as is prescribed in these Regulations, every declaration as to an infected area shall be published in the Gazette.
Publication in Gazette
PART V PREVENTION OF TRYPANOSOMIASIS

30. Wherever at any place within Zambia any dog is found affected or Power to seize and detain reasonably suspected of being affected with trypanosomiasis, any officer may, by written order under his hand, direct that such dog shall be seized and detained at such place or be removed for detention to any other place for such period as may be deemed necessary to prevent the spread of the disease, or may direct that such dog be destroyed or otherwise dealt with in any manner necessary for preventing the removal of such dog to other places or the spread of the disease. (No. 31 of 1943)
Prohibition of 31. (1) As soon as an officer knows of any case or of any suspected case of trypanosomiasis, he may exercise within the Veterinary District movement under his control either or both of the following powers:
(a) prohibit the movement of dogs from any place or area to any other place or area;
(b) issue such order as to movement, prohibition of movement, quarantine or isolation of dogs as he may consider necessary to prevent the spread of the disease. (2) Every prohibition or order shall be in writing under the hand of the officer making or issuing the same, and such officer shall take immediate steps to make known such prohibition or order to persons affected thereby. (No. 31 of 1943)
PART VI MISCELLANEOUS
32. An officer issuing any prohibition or order under the provisions of Powers of officers these Regulations may himself carry out the same or cause it to be carried out if the party to whom it was given does not comply with the terms of the prohibition or order. (No. 31 of 1943) 33. No dog may be moved into or out of such Veterinary Districts as the Minister may specify by Gazette notice, unless a permit in writing has first been obtained from the Veterinary Officer who may, in his discretion, at any time cancel, vary, amend or refuse to issue such permit. (No. 31 of 1943 as amended by No. 319 of 1964) 34. Any person contravening any of the provisions of these Regulations, or refusing or failing to comply with the requirements of any notice or lawful order or direction of any officer issued hereunder, shall be liable to a fine not exceeding three thousand penalty units. (As amended by No. 237 of 1944, S.I. No. 170 of 1989 and Act No. 13 of 1994)
Penalties Movement from Veterinary Districts
FIRST SCHEDULE
(Regulation 2)
REGISTERING AUTHORITIES
(1) The Town Clerk in municipalities.
(2) All Administrative Officers in any area outside a municipality or township in respect of which a township council has been established pursuant to the provisions of section 7 of the Local Government Act. (3) (4) Rural councils in respect of dogs within the area of their control. All township councils.
(No. 239 of 1948 as amended by No. 264 of 1957)
SECOND SCHEDULE
(Regulation 3)
AREAS TO WHICH THE PROVISIONS OF PART II APPLY

All areas of the Republic (As amended by S.I. No. 222 of 1979)
THIRD SCHEDULE
PRESCRIBED FORMS GOVERNMENT OF ZAMBIA THE CONTROL OF DOGS REGULATIONS
FORM 1 (Regulation 5)
APPLICATION FOR REGISTRATION I hereby apply for a Certificate of Registration for one dog hereunder described for which I enclose the sum of fee units ............... Dated this Signature Description of Dog. Breed Sex Colour, markings, etc., for purpose of identification day of ............................................. 19 ...............
GOVERNMENT OF ZAMBIA THE CONTROL OF DOGS REGULATIONS
CERTIFICATE OF REGISTRATION Certificate No This is to certify that one dog hereunder described, the property of of , has been registered for the year ending 31st December, has been issued. day of ............................................. 19 ............... 19 ..............., and that Badge No. Dated this Signature Title Station Description of Dog. Breed Sex Colour, markings, etc., for purpose of identification
SECTION 3-THE CONTROL (INOCULATION) REGULATIONS Regulations by the Minister
OF
DOGS Government
Notices 108 of 1953 198 of 1953 224 of 1954 286 of 1954 60 of 1955 168 of 1956 279 of 1957 218 of 1958 37 of 1959 53 of 1959 160 of 1960 135 of 1959 37 of 1961 130 of 1963 Statutory Instruments 162 of 1971 Act No. 13 of 1994
1. These Regulations may be cited as the Control of Dogs (Inoculation) Title and application Regulations, and shall apply to the areas set forth in the Schedule. 2. In these Regulations, unless the context otherwise requiresInterpretation
"Director" means the Director in Charge of Veterinary Services; "dog" means any animal of the canine species which is over the apparent age of three months; "inoculation" means inoculation with a rabies vaccine approved by the Director, and "inoculated" and "re-inoculated" shall be construed accordingly; "officer" includes any Registering Authority, Administrative Officer, Veterinary Officer, police officer, officer of the Department of Wildlife, Fisheries and National Parks, Livestock Officer and Assistant Livestock Officer; "valid certificate of inoculation" means a certificate issued by an officer or veterinary surgeon and so endorsed by the said officer or veterinary
surgeon as to indicate that the dog has been inoculated in accordance with the provisions of regulation 4. (As amended by No. 193 of 1953, No. 279 of 1957 and No. 37 of 1959) 3. (1) The Director may notifyNotification of inoculation centres, etc.
(a) (b) (c)
the places; the dates; and the times;
at or upon or within which inoculation of dogs shall take place in any area to which these Regulations apply or in any part of such area. (2) Notification under the provisions of this regulation shall be given, at least fourteen days before inoculation is to take place, by publication in the Gazette and by advertisement in some newspaper circulating in the area concerned, and in any other manner which the Director may think fit. 4. Every person having, within an area to which a notification given under regulation 3 applies, the ownership, custody or control of any dog(a) which has not been inoculated; or (b) which has been inoculated on attaining the age of three months but which has not been re-inoculated after an interval of six months from primary inoculation irrespective of the age of the dog at primary inoculation; (c) which has not been re-inoculated within three years of a second or subsequent inoculation. shall present such dog for inoculation or re-inoculation, as the case may be, at one of the places and within the dates and times specified in such notification. (As amended by No. 286 of 1954, No. 279 of 1957 No. 37 of 1961 and S.I. No. 162 of 1971)
Inoculation of dogs
5. For every inoculation or re-inoculation of any dog there shall be paid such fee as the Director may prescribe.
Prescribed fees
Production of 6. Every person who has in his possession or custody or under his control a dog in respect of which a certificate of inoculation is necessary certificates under these Regulations shall, if requested by any officer and within seven days after such request, produce or cause to be produced for inspection any such certificate and the dog in respect of which it was issued.
(No. 198 of 1953 as amended by No. 279 of 1957)

Penalty 7. Any person who refuses or fails to comply with any of the provisions of these Regulations shall be guilty of an offence and shall be liable, on conviction, to a fine not exceeding seven hundred and fifty penalty units.
SCHEDULE (Regulation 1)
AREAS TO WHICH THE CONTROL OF DOGS (INOCULATION) REGULATIONS APPLY
Chililabombwe Kabwe Chibuluma Township Chililabombwe Township Chingola Municipality Chipata Township Choma Township City of Kitwe City of Ndola Fisenge Township Garneton Township Kabwe Municipality Kafue Township Kalomo Township Kalulushi Township The following area: Kansuswa Township Kasompe Township Livingstone Municipality Luanshya Municipality Mazabuka Township Mbala Township Monze Township Mufulira Township Mufulira Municipality Nehanga Township Nkana Township Roan Antelope Township Twapia Township
Starting on the western edge of the Zambia Railways 100 yards Strip Reserve at Beacon Y400, the south-eastern corner beacon of Farm No. 1139, the boundary runs in a straight line in a south-easterly direction across the said strip reserve to Beacon LL on its eastern edge and at the north-western corner of Farm No. 610, "Foxdale"; thence along the northern boundaries of the said farm and Farm No. 609, "Foxdale", through Beacon H176, to Beacon N, the north-eastern corner beacon of the latter farm; thence along the south-eastern boundary of this farm to Beacon B76, the north-eastern corner beacon of Farm No. 440a, "Bordeaux"; thence along the eastern boundaries of this farm and Farm No. 377a, "Kabulonga", through Beacon B75 to Beacon B79, the north-eastern corner beacon of Farm No. 488, "Twin Palm" 211; thence along the north-eastern boundary of this farm to Beacon B83, its most easterly corner beacon; thence in a straight line in a south-westerly direction across Farm No. 487a, "Namobiro", to Beacon W118, the south-western corner beacon of this farm; thence in a straight line in a westerly direction to Beacon C382, the north-eastern corner beacon of Farm No. 919; thence following the eastern and southern boundaries of this farm through Beacon C383, to Beacon B104, its south-western corner beacon on the eastern edge of the Zambia Railways 100 yards Strip Reserve; thence in a straight line in a westerly direction across the said strip reserve to Beacon B106, on its western edge and at the south-eastern corner of Farm No. 400a, "Mariandale"; thence along the southern and
western boundaries of this farm through Beacon B110, to Beacon B108, the south-eastern corner beacon of Farm No. 397a, "Chipwenupwenu"; thence along the southern boundaries of this farm and Farm No. 396a, "Paaineers Rust", through Beacon B119 to Beacon BB5 of the latter farm; thence in a straight line in a north-westerly direction across this farm to Beacon BC101, the south-western corner beacon of Farm No. 687, "Mandevu"; thence along the western boundary of this farm to Beacon CL02, the southermost corner beacon of Farm No. 15a, "Dagbreek", and also the south-western corner beacon of the unsurveyed farm leased to Mr. CM. Eksteen; thence northwards along the western boundary of the latter farm to Beacon EX3, the south-western corner beacon of Farm No. 873, "Lilanda"; thence along the western boundary of this farm through Beacon EX4 to Beacon H313, the south-western corner beacon of Farm No. 874; thence along the western and northern boundaries of this farm, through Beacon P6, to Beacon H311, its north-eastern corner beacon; thence along the northern boundary of Farm No. 873, "Lilanda", to Beacon P5, the southernmost corner beacon of Farm No. 693, "Namando"; thence along the south-eastern and eastern boundaries of this farm through Beacon P5a and following the western bank of the Namando River to its junction with the southern bank of the Chunga River near Beacon P10; thence eastwards along the southern bank of the Chunga River following its most northerly course to its source; thence south-eastwards in a straight line to Beacon C268, the north-eastern corner beacon of Farm No. 875, situated on the western edge of the Zambia Railways 100 yards Strip Reserve; thence north-eastwards along the western edge of the Zambia Railways 100 yards Strip Reserve to Beacon Y396, the south-eastern corner beacon of Farm No. 1138; thence north-westwards, north-eastwards and south-eastwards along the boundaries of that farm through Beacons Y397 and Y398 to Beacon Y399, situated on the western edge of the Zambia Railways 100 yards Strip Reserve; thence northwards along the western edge of the Zambia Railways 100 yards Strip Reserve to Beacon Y400, the point of starting. (As Amended by No. 244 of 1954, No. 60 of 1955, No. 168 of 1956, No. 279 of 1957, No. 218 of 1958, Nos. 53 and 160 of 1959, No. 135 of 1960 and No. 130 of 1963)
CHAPTER 248 THE CATTLE CLEANSING ACT

Section 1. 2. 3. 4. 5. Short title Interpretation Owners in any area may petition Minister to apply Act Minister to publish petition and call for objections If objections predominate, Minister shall refuse petition
6. If petition granted, notice applying Act and describing area to be published 7. 8. 9. duties 10. Power to apply Act in event of a serious outbreak of disease Owners to clean their cattle Powers of inspectors and penalty for hindering in execution of Penalty on failure to clean cattle at prescribed intervals
11. Director of Veterinary Services may temporarily exempt owners 12. 13. Owners may be required to provide facilities in respect of cattle Government may act on behalf of absentee owners
14. Tick destroying agent sold must conform to prescribed standard 15. Certificate of analyst to be evidence 16. Prohibition on movement of cattle into declared area without permit 17. 18. Regulations General penalty
CHAPTER 248
CATTLE CLEANSING
15 of 1930 47 of 1963 Government
An Act to provide for the cleansing of cattle; to provide for application to declared areas and in the event of a serious outbreak of disease; and to provide for matters incidental thereto. [11th April, 1930]
Notices 319 of 1964 497 of 1964 Statutory Instrument 57 of 1965 Act No. 13 of 1994
1.
This Act may be cited as the Cattle Cleansing Act.
Short title
2. In this Act, unless the context otherwise requires"cattle" means bulls, cows, heifers, calves and oxen, and any other animals to which this Act may be applied by the Minister by statutory notice; "to clean" means the maintaining of cattle free from tick infestation by submerging such cattle in a dipping tank containing an effective tick destroying agent, and/or by hand dressing and clipping in such manner as the Director of Veterinary Services may from time to time prescribe by statutory notice; "dipping tank" means any contrivance for the cleaning of cattle by submerging, and structures incidental thereto approved by the Director of Veterinary Services; "effective tick destroying agent" means an aqueous solution containing the equivalent of 0.16 per centum of arsenious oxide or such other percentage of arsenious oxide or such other ingredients in such proportion as the Minister may, from time to time, prescribe by statutory notice; "engorged tick" means any tick obviously distended with blood; "inspector" means any Government Veterinary Officer or Government Livestock Officer and Assistant Livestock Officer and other person duly appointed to carry out the provisions of this Act; "owner", as applied to land, includes any person in actual occupation of or entitled as owner, lessee, or licensee to occupy any land, or the representative of any such person;
Interpretation
"owner", as applied to cattle, includes every person claiming jointly or severally any right, title or interest in any cattle in his possession, or having charge, control or management of cattle, as well as the owner of land in respect of cattle belonging to his servants and running on such land; "tick infestation" means ten or more engorged ticks. (As amended by G.N. No. 319 of 1964) 3. The owners of land in any area may petition the Minister in writing to apply the provisions of this Act in such area as may be asked for in the petition. Such petition shall clearly describe the boundaries of the said area and the approximate number of cattle within such area. (As amended by G.N. No. 319 of 1964)
Minister to publish 4. The Minister shall, on the receipt of a petition as aforesaid, cause petition and call for notice of the same to be published in the manner he may deem best objections calculated to reach all owners of land and cattle in the area mentioned in the petition. Such notice shall set out the boundaries of the area and shall call upon such owners to lodge in writing, within a reasonable time to be fixed by such notice, objections (if any) to the petition being acceded to, accompanied by a statement as to the area of land and the number of cattle belonging to such owner. Owners in any area may petition Minister to apply Act
(As amended by G.N. No. 319 of 1964) 5. The Minister shall, on the expiration of the period fixed for receiving objections, consider the petition and objections thereto, together with such further information (if any) as he may deem necessary to call for or take into consideration in connection therewith and shall thereafter grant or refuse the petition: Provided however that in no case shall a petition be acceded to if objections are received from the owners of one-third of the land included within such area. (As amended by G.N. No. 319 of 1964) 6. Upon the Minister acceding to a petition as aforesaid, he shall, by statutory notice, apply the provisions of this Act, as from such date as may be mentioned therein, to the area the boundaries whereof shall be
If petition granted, notice applying Act and describing If objections predominate, Minister shall refuse petition
described in such notice. For the purposes of this Act, such area shall be area to be published known as a "declared area." (As amended by G.N. No. 319 of 1964) 7. Notwithstanding anything to the contrary hereinbefore contained, the Minister may, upon a serious outbreak of disease as defined by section two of the Stock Diseases Act, by statutory notice apply the provisions of this Act to such area or areas as may be described in such notice. (As amended by G.N. No. 319 of 1964) 8. From and after the date upon which this Act comes into operation within any declared area, all owners of cattle within such area shall clean their cattle at such intervals as may be prescribed. 9. Every inspector shall have full power and authority to inspect and count any cattle at any time, and to take a sample or samples from the contents of any dipping tank, and to call upon all owners to produce all cattle in their possession or under their control for the purpose of inspection or enumeration. Every owner shall advise the nearest inspector of the usual date and place of dipping his cattle and of any change of such date or place. Any person who shall refuse to allow any inspector to enter upon any land or premises or to examine cattle, or who shall impede or hinder or attempt to impede or hinder any such inspector in the execution of his duties, shall be liable, on conviction, to a fine not exceeding one thousand five hundred penalty units or, in default of payment, to imprisonment with or without hard labour for a period not exceeding three months. (As amended by Act No. 13 of 1994) 10. The owner of cattle, notwithstanding that such cattle are free from tick infestation, shall be liable to the penalties prescribed in the last preceding section if it is shown that he has failed to clean them at such intervals as may be prescribed: Provided that should it appear that it was impossible or inexpedient to clean such cattle within such prescribed intervals, the onus of proof of which shall be on the owner, the said interval may be exceeded but in no case beyond fourteen days in all.
Penalty on failure to clean cattle at prescribed intervals Owners to clean their cattle Power to apply Act in event of a serious outbreak of disease. Cap. 252
Powers of inspectors and penalty for hindering in execution of duties
11. The Director of Veterinary Services or any person duly authorised by him thereto in writing may, for considerations of weather, drought or condition of the cattle, or for other causes beyond the control of the owner, temporarily exempt owners in any declared areas from the provisions of section eight, and may during such period prescribe the interval of cleaning. A list of all exemptions granted under this section shall be posted whilst in operation, at the magistrate's office and all police stations in the district and at the inspector's office in the declared area in which the cattle affected are located. No movement of cattle shall be permitted from any declared area in which exemption from dipping under this section is in force unless the cattle are twice cleaned within fourteen days immediately prior to removal. 12. The owners of land on which owners of cattle reside may be required by the Minister to provide facilities, including, if necessary, the erection and maintenance of dipping tanks and the provision of effective tick destroying agents, for the cleaning of such cattle on terms and conditions to be approved of by the Minister. Any owner of land failing to make provision as aforesaid shall be liable, on conviction, to a fine not exceeding one thousand five hundred penalty units or, in default of payment, to imprisonment with or without hard labour for a period not exceeding three months, but the payment of such fine or the undergoing of such imprisonment shall not relieve the said owner of his obligation to provide the said facilities. (As amended by No. 47 of 1963, G.N. No. 319 of 1964 and Act No. 13 of 1994)
Director of Veterinary Services may temporarily exempt owners
Owners may be required to provide facilities in respect of cattle
Government may 13. Should any person own land with cattle thereon, the property of such person, and be absent from or not have a representative or agent in act on behalf of absentee owners Zambia having authority to carry out the terms of this Act, the Minister may authorise the due performance of the terms of this Act in such manner as he may deem expedient, and any disbursements thereby incurred shall be recoverable by summary sale by auction of sufficient cattle and goods, the property of such person, to repay the said disbursements.
(As amended by G.N. No. 319 of 1964 and S.I. No. 57 of 1965) 14. It shall be unlawful for any person to sell or offer for sale as an effective tick destroying agent any article or fluid which does not conform to the standard prescribed under this Act.
Tick destroying agent sold must conform to prescribed standard
15. In any proceedings under this Act, a certificate of analysis under the hand of an analyst shall be evidence of the facts therein contained.
Certificate of analyst to be evidence
16. No movement of cattle shall be permitted from any area in which this Act is not in operation to any declared area unless the cattle have been twice cleaned within fourteen days immediately prior to removal or until such time as an inspector shall certify them as free from ticks. The movement of such cattle shall only be by permit issued by an inspector and shall be subject to such conditions as shall be endorsed upon the permit. 17. The Minister may, by statutory instrument, make regulations prescribing the intervals at which cattle shall be cleaned and providing generally for the better carrying out of the objects and purposes of this Act. (As amended by G.N. No. 319 of 1964)
Prohibition on movement of cattle into declared area without permit
Regulations
18. Any person contravening the provisions of this Act, for which no General penalty penalty is expressly provided, or the provisions of any regulations made thereunder, shall be liable, on conviction, to a fine not exceeding one thousand five hundred penalty units or, in default of payment, to imprisonment with or without hard labour for a period not exceeding three months. (As amended by Act No. 13 of 1994) CHAPTER 249 THE TSETSE CONTROL ACT
Section 1. 2. 3. 4. 5. Short title Interpretation Declaration of tsetse fly areas Orders in respect of tsetse fly areas Regulations
6. Powers of Minister in respect of private land; and compensation for damage 7. 8. 9. 10. Arrest without warrant of person suspected of offence Powers of search and seizure Indemnity Penalties
35 of 1941 32 of 1954 11 of 1956 41 of 1959 46 of 1963 25 of 1969 13 of 1994 Government Notices 3 319 of 1964 497 of 1964
CHAPTER 249 TSETSE CONTROL An Act to make better provision for the control and prevention of the spread of tsetse flies; and to provide for matters incidental thereto. [30th December, 1941]
1. This Act may be cited as the Tsetse Control Act. 2. In this Act, unless the context otherwise requires"Director" means the Director of Veterinary Services; "domestic animal" includes any horse, mare, gelding, bull, cow, ox, heifer, steer, calf, mule, ass, sheep, lamb, hog, pig, sow, goat, fowl, ostrich, dog, cat, or any other domesticated animal, fowl or bird, and any wild animal, fowl, bird or reptile in a state of captivity; "licence" means a pass book issued in accordance with the provisions of this Act and regulations made thereunder; "licensing authority" means such officers as are authorised in writing by the Director to issue licences; "occupier" means any person in actual lawful occupation of land without regard to the title under which he occupies such land, and includes the owner, or any manager or other person who is authorised to represent the owner of land, who actually resides on such land;
Short title
Interpretation
"officer" means the Director, any officer of the Department of Veterinary Services, any police officer not below the rank of Assistant Inspector or any person authorised in writing by the Director; "owner", used with reference to immovable property, includes any person receiving rent or profits from any tenant or occupier thereof or who would receive such rent or profits if the premises were let, whether on his own account or as agent for any other person; "private land" means any land, other than Reserves and Trust Land, the ownership of which has by law, grant or title deed become vested in any person other than the President, and includes any land held by any person under any agreement whereby such person is entitled to obtain from the President title thereto on the fulfilment by him of the conditions prescribed by such agreement; "produce" includes fish, meat, and crops; "tsetse control picket" means any barrier erected on any road or recognised footpath in terms of section five (2) (g); "tsetse fly area" means any area defined and declared in terms of section three to be a tsetse fly area; "tsetse fly control area" means an area defined and declared in terms of section three to be a tsetse fly control area; "vehicle" means any carriage or conveyance for use upon land or water, or any aircraft. (As amended by No. 11 of 1956, No. 41 of 1959 and No. 25 of 1969) 3. The Minister may, by statutory notice, declare any defined area to be Declaration of tsetse fly areas tsetse fly area or a tsetse fly control area. (As amended by No. 32 of 1954, No. 41 of 1959 and G.N. No. 319 of 1964) 4. The Minister may, by statutory order, provide for the introduction of Orders in respect of tsetse fly areas any of the following measures in respect of any tsetse fly area or part Cap. 197 thereof and may confer powers and impose duties on any officer or any
owner or occupier of private land in connection with the carrying out and enforcement of such measures: (a) the destruction of any or all animals not being domestic animals; (b) the cutting, clearing or removal by any means of any trees, timber or vegetation where the continued existence of tsetse flies is, in the opinion of the Minister, shown to be dependent on the presence of such trees, timber or vegetation; (c) the control of bush fires in terms of the Environments Laws for the time being in force; (d) the removal of any persons or domestic animals from the area or any part thereof where, in the opinion of the Minister, such removal is considered necessary for the application of any scheme for the eradication or effective control of tsetse flies; (e) the application of insecticides to clear an area of tsetse flies: Provided that, subject to the provisions of section six, no such order shall apply to private land without the consent of the owner or occupier thereof. (As amended by No. 11 of 1956, G.N. No. 319 of 1964 and No. 25 of 1969)
Regulations 5. (1) For the purposes of this Act, the terms "persons" "domestic animals" and "vehicles" shall include any baggage or other articles whatsoever carried by or on such persons, domestic animals or vehicles.
(2) The Minister may, by statutory instrument, make regulations for the following purposes, namely: (a) prohibiting the travel or movement of persons, domestic animals and vehicles to, from or within a tsetse fly area or a tsetse fly control area; (b) restricting such travel or movement to certain defined routes;
(c) restricting such travel or movement to fixed periods of the day or night; (d) providing that no such travel or movement shall take place unless it is interrupted at certain intermediate points for prescribed
periods; (e) providing for the inspection by officers of persons, domestic animals and vehicles upon such travel or movement taking place, for the purpose of detecting the presence of tsetse flies, and for the introduction and enforcement of measures for ridding such persons, domestic animals and vehicles of tsetse flies; (f) providing for the protection of loads on vehicles by tarpaulins or similar coverings for the purpose of preventing the ingress of tsetse flies amongst the loads; (g) providing for the establishment of tsetse control pickets and check points on roads and recognised footpaths; (h) providing for the inspection by officers at such tsetse control pickets and check points of persons, domestic animals and vehicles, for the purpose of detecting the presence of tsetse flies, and for the introduction and enforcement of measures for ridding such persons, domestic animals and vehicles of tsetse flies; (i) preventing the entry, introduction, or carrying of tsetse fly into a tsetse fly control area or areas and for matters incidental to such purposes; (j) regulating or prohibiting, except under licence, the performance of any specified act or the carrying on of any operation (which may include trading), whether within or outside a tsetse fly control area, where such regulation or prohibition is reasonably required for the purpose of controlling the spread of tsetse fly to the danger of human beings or of livestock; (k) providing for the issue and revocation of licences for the performance of any act or the carrying on of any operation which is mentioned in paragraph (j); (l) providing that the issue and revocation of such licences shall be in the absolute discretion of the licensing authority; (m) prescribing the form of such licences, the conditions attaching to them, the conditions precedent to their issue and the periods of their validity and providing for the production of licences to officers;
(n)
prescribing the fees payable for such licences;
(o) providing for the carrying and production of pass books to officers; (p) requiring the holder of any pass book to prove, in such manner as may be specified by regulation, that he has complied with the provisions of any regulation made under this Act and any conditions in his pass book; (q) requiring any person found to be trading in any place in Zambia in any produce which there is reasonable ground to believe may have been obtained directly or indirectly from any tsetse fly control area to satisfy any officer, upon demand by such officer, that such produce was obtained in and transported from such area in accordance with the provisions of this Act and regulations made thereunder or was not obtained directly or indirectly from such area; (r) generally for the better carrying into effect of the provisions of this Act. (As amended by No. 11 of 1956, No.41 of 1959 and G.N. No. 319 of 1964) 6. (1) The Minister may order any officer to take such steps as may be necessary for the introduction on private land of any measures that may be lawfully introduced under this Act, and require the owner or occupier of such land to permit the introduction of such measures and, if he shall think fit, may order the payment out of public funds of such sum as he shall consider adequate as compensation to any owner or occupier of such land. A Gazette notice that an owner or occupier is required to permit such measures shall be sufficient notice to any such owner or occupier that such order has been made. (2) The Minister may, in like manner, pay compensation to any person who suffers any damage or loss as a result of any measures lawfully introduced under this Act on land other than private land. (As amended by No. 46 of 1963, G.N. No. 319 of 1964 and No. 25 of 1969)
Powers of Minister in respect of private land; and compensation for damage
7. (1) Any officer may, without warrant, arrest any person reasonably suspected of having committed an offence against this Act or any regulations made thereunder, if such person refuses to give his name and address to such officer or gives a name and address which such officer has reason to believe is false, or if such officer has reason to believe that such person will abscond. (2) Every officer making an arrest under subsection (1) shall, without unnecessary delay, take or have the person so arrested brought before a court of competent jurisdiction to be dealt with according to law. (No. 41 of 1959) 8. (1) If any officer has reasonable grounds for believing that any person has committed an offence against this Act or any regulations made thereunder, he may(a) require any such person to produce for inspection any produce in such person's possession in relation to or in connection with which an offence appears to such officer to have been committed; (b) enter and search any vehicle or boat in the possession of such person and open and search any baggage or loads or any other thing in the possession of such person; (c) seize and detain any produce in relation to or in connection with which an offence appears to such officer to have been committed, whether or not it is in the immediate possession of any person. (2) Any produce seized and detained under the provisions of subsection (1) that is perishable shall be immediately sold. (3) Any person from whom any produce was seized or detained and sold under the provisions of this section shall be forthwith taken before a competent court to be dealt with according to law. (4) Such court may order that the produce seized and detained under the provisions of this section, or the proceeds of sale of such produce as has been sold, shall be forefeited to and become the property of the Government or be returned to the person from whom such produce was
Arrest without warrant of person suspected of offence
Powers of search and seizure
seized, as the justice of the case requires. (No. 41 of 1959) 9. Any person exercising the powers and doing the acts authorised or Idemnity permitted under this Act or any regulations made thereunder shall not be liable to any action or other proceeding for or in respect of any damage or injury he may accidentially or inadvertently cause to any vehicle, boat or produce, or for or in respect of any act or matter done or omitted to be done in good faith in the exercise or supposed exercise of the powers of this Act or any order or rule made thereunder. (No. 41 of 1959) 10. Any person who contravenes any regulation made under this Act, Penalties or who fails to comply with any order lawfully issued hereunder, shall be guilty of an offence and liable to a fine not exceeding three thousand penalty units or, in default of payment, to imprisonment for a period not exceeding six months. (As amended by No. 41 of 1959 and Act No. 13 of 1994)
TSETSE CONTROL
CAP. 249
SECTION 3-DECLARATION OF TSETSE FLY AREAS

Notices by the Minister
THE CHINGOLA WEST TSETSE FLY AREA

The area is situate in the Chingola District and comprises approximately 160 square kilometres, the boundaries whereof are more particularly described as follows: Starting at the point on the western boundary of Mr. B. Rudge's farm, where it is intersected by the northern boundary of the Chingola-Solwezi 320 kilometres wide road reserve, the boundary follows the north-western boundary of Mr. Rudge's farm in a north-easterly direction to the point where it is intersected by the eastern
Government Notice 270 of 1953
edge of the motor track to Mr. Evan's small-holding on the Kafue River; thence northwards along the eastern edge of this motor track and skirting the boundaries of Mr. Evan's smallholding, so as to include it within the area, to the right bank of the Kafue River; thence generally westwards along the right bank of the Kafue River to a point on it where it is met by the western edge of the motor track leading to Mr. Hepker's recreational plot; thence in a southerly direction along the western edge of this motor track to the point where it is intersected by the northern boundary of the Chingola-Solwezi 320 kilometres wide road reserve; thence generally eastwards along the northern boundary of the Chingola-Solwezi 320 kilometres wide road reserve to the point of starting.
THE CHIPENGALI TSETSE FLY AREA

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

The area is situated in the Kasempa, Solwezi, Mumbwa, Kabwe Rural and Ndola Rural Districts, the boundaries whereof are more particularly described as follows: From the confluence of the Lufupa and Kafue Rivers, the boundary follows up the Lufupa River to its source; thence in a straight line due north to a point on the common boundary of the Kasempa and Solwezi Districts; thence in an easterly direction along this boundary to the confluence of the Luma and Lunga Rivers; thence up the Lunga River to its confluence with the Nyingwe River; thence up the Nyingwe River to its source; thence in a straight line in an easterly direction to the source of the Chipupushi River; thence in a straight line in a south-easterly direction to the source of the Mushingashi River; thence in a straight
line in a sourth-esterly direction to the source of the Mukela River; thence down the Mukela River to its junction with the Luswishi River; thence in a straight line in a south-easterly direction to the source of the Ntanga (North) Stream; thence down the Ntanga (North) Stream to its confluence with the Lufwanyama River; thence down the Lufwanyama River to the confluence of the Mitwe Stream; thence in a north-easterly direction up the Mitwe Stream to its source; thence in a straight line in a south-easterly direction to the source of the Mwelushi River; thence down the Mwelushi River to its confluence with the Kafue River; thence down the Kafue River to the point of starting.
THE FEIRA TSETSE FLY AREA
Government Notices 218 of 1947 39 of 1951
The area is situate in the Lusaka District and comprises approximately 6682.2 kilometres generally in the region known as the Old Feira District, the boundaries whereof are more particularly described as follows: Starting from the point where the Great East Road intersects the eastern boundary of the Soli Shamifwe Reserve No. XVI, the boundary follows due north to a point on the southern boundary of the Luano-Lala Reserve No. XIV; thence in a generally east by north-easterly direction along the last-mentioned boundary to the confluence of the Lunsemfwa River with the Luangwa River; thence down the Luangwa River to its confluence with the Zambezi River and up the Zambezi River to its confluence with the Misandya Stream; thence up the Misandya Stream to its source; thence in a line due north to a point on the boundary of the Soli Shamifwe Reserve No. XVI; thence along that boundary in a general easterly direction to the point of starting.
THE KALOMO-NGWEZI TSETSE FLY AREA

The area is situated in the Kalomo District to the west of Kalomo Township and comprises approximately 1120 square kilometres, the boundaries whereof being more particularly defined as follows: Starting at the confluence of the eastern Mwemba Stream with the Ngwezi River, the boundary runs in a straight line in a north-westerly direction to the north-east corner of the Toka Reserve No. XXIV; thence along the northern boundary of this reserve in a westerly direction to the western Mwemba Stream; thence up this stream to its source; thence following a demarcated line cut in a straight line in a north-westerly direction to the source of the Sianyunga Stream; thence down this stream to its confluence with the Sichifula River; thence up this river to
its source; thence in a straight line in a north-north-easterly direction to Siakunda Hill on the southern boundary of the Ila-Tonga Reserve No. XXII; thence in a south-easterly direction along this boundary to the Kalomo River; thence down this river to the point where it meets the northern boundary of Farm No. 1768; thence westwards along the northern boundary of this farm and north-westwards and south-westwards along the north-eastern and north-western boundaries of Farm No. 357a, Langlaagte, to the Mwezi River; thence down the Mwezi River to the point where it meets the north-western boundary of Farm No. 358a, Mwezi; thence in a south-westerly direction along the north-western boundary of this farm to its most westerly corner beacon; thence in a straight line in a south-westerly direction to Beacon P2, the north-west corner beacon of Farm No. 73a, Lion Kop Ranch; thence in a south-westerly direction along the western boundary of this farm to the Ngwezi River; thence down the Ngwezi River to its confluence with the eastern Mwemba Stream, the point of starting.
THE LUANO VALLEY TSETSE FLY AREA

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

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

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

The area is situated in the Mumbwa and Namwala Districts, the boundaries whereof are more particularly described as follows: From the tsetse fly picket on the Lusaka-Matala Mine road 365.76 metres west of the Nangoma River, the boundary follows the tsetse barrier-clearing road southwards to the bend 1.6 kilometres north of Shikapulu's 1954 village site; thence in a westerly direction along the same road for a distance of approximately 14.4 kilometres to a point where the road emerges from the bush into open country; thence westward along the edge of the bush to the Lutale River; thence down this river to the point where it ceases to have a defined course; thence due south to the left bank of the Kafue River; thence upstream along this bank to the Kaoma-Mumbwa road crossing; thence eastward along the northern edge of the 6096 centimetres wide Kaoma-Mumbwa road strip to the point where the K.N.P. boundary meets this strip (6.68 kilometres east of Nalusangu Road Bridge); thence in a northerly direction along the K.N.P. boundary to the point where it meets the western boundary of the Big Concession; thence in a south-easterly direction along this boundary to the Chankala Stream; thence along the Chankala Stream downstream to its junction with the Lukanga River; thence downstream along the Lukanga River to the west bank bush-dambo edge of the Lutale River; thence southward down the bush-dambo edge on the right bank of this river to the Kalunja-Lutale confluence; thence eastward to the confluence of the Chibila and Nambulwe streams; thence along a demarcated line eastward to the Kayumweumwe gap in the Nambala Hills; thence in a straight line north-east to the Mumbwa-Matala Mine road; thence eastward along the northern border of the 3657.6 centimetres wide strip of this road to the point of starting.
Government Notices 179 of 1955 401 of 1962
SECTION 5 (2)-THE TSETSE CONTROL (CHINGOLA WEST TSETSE FLY AREA) REGULATIONS Regulations by the Minister
1. These Regulations may be cited as the Tsetse Control (Chingola
Government Notice 281 of 1953 Statutory Instrument 29 of 1964
Title
West Tsetse Fly Area) Regulations. 2. No person shall enter or leave or cause any domestic animal, vehicle Restriction on or bicycle to enter or leave the Chingola West Tsetse Fly Area other than entry through one of the tsetse control pickets described in the Schedule unless he shall have obtained the written permission of an officer of the Department of Veterinary Services or of an officer of the Ministry of Lands and Natural Resources. (As amended by S.I. No. 29 of 1964)
SCHEDULE
(Regulation 2) 1. At a point approximately 3.2 kilometres from the main Chingola-Solwezi road, on the motor track running along the north-west boundary of Mr. Rudge's farm and connecting the main Chingola-Solwezi road with the branch road leading from Mr. Rudge's farm to Mr. Evan's smallholding on the Kafue River. 2. At a point approximately 3.2 kilometres from the main Chingola-Solwezi road, on the branch road leading from the main road to the landholdings of Messrs. Scrooby, Page and Lambertsen. 3. At a point approximately 1.6 kilometres from the main Chingola-Solwezi road, on the branch road leading from the main road into Mr. Konstantinou's farm. 4. At a point approximately 4.8 kilometres from the main Chingola-Solwezi road, on the branch road leading from the main road to Mr. Hepker's landholding on the Kafue River.
SECTION 5 (2)-THE TSETSE CONTROL (CHIPENGALI TSETSE FLY AREA) REGULATIONS Regulations by the Minister
1. These Regulations may be cited as the Tsetse Control (Chipengali Tsetse Fly Area) Regulations.
Title
2. No person shall enter or leave or cause any domestic animal, vehicle Restriction on entry or bicycle to enter or leave the Chipengali Tsetse Fly Area other than through one of the tsetse control pickets described in the Schedule unless he shall have obtained the written permission of an officer of the Department of Veterinary Services or of an officer of the Ministry of Lands. (As amended by S.I. No. 29 of 1964) 3. No person shall enter that part of the Chipengali Tsetse Fly Area lying north and west of the Tsetse Control Perimeter Road unless he shall have obtained the written permission of an officer of the Department of Veterinary Services or of an officer of the Ministry of Lands. (As amended by S.I. No. 29 of 1964)
Restriction on movements of persons
SCHEDULE
(Regulation 2) 1. Chikwende Fly Stop situated on the track from Chief Chimunda's village to Mwandaufi Village at a point approximately 4.8 kilometres south of the tsetse perimeter and 75.2 kilometres from Chipata. 2. The Fly Stop situated on the track from McGee's Farm to the resettlement area known locally as the "Jeep Track" at a point on the right bank of the Chipengali River where the "Jeep Track" crosses the river. 3. The Fly Stop situated on the Perimeter Road from Bwalo Stop to the Rukuzi River at a point where the road crosses an unnamed dambo approximately 9.6 kilometres from Bwalo Stop.
SECTION 5 (2)-THE TSETSE CONTROL (EASTERN LUNGA AND LUSWISHI CATCHMENT TSETSE FLY AREA) REGULATIONS Regulations by the Minister
Government Notices 218 of 1955 85 of 1956 313 of 1963 Statutory Instrument 29 of 1964
1. These Regulations may be cited as the Tsetse Control (Eastern Lunga and Luswishi Catchment Tsetse Fly Area) Regulations.
Title
2. No person shall enter that part of the Eastern Lunga and Luswishi Restriction on Catchment Tsetse Fly Area described in the Schedule, or move within entry that area for the purpose of hunting, fishing, prospecting, or establishing new sites for residence or cultivation, unless he shall have obtained the written permission of an officer of the Department of Veterinary Services, or of the Director of Veterinary Services, or of a person duly authorised by one of these officers: Provided that no such permit shall be required for persons travelling through the area in either direction on or within 9144 centimetres of the main Kasempa-Mumbwa motor road. (As amended by No. 85 of 1956 and S.I. No. 29 of 1964)
SCHEDULE
(Regulation 2) Starting at the confluence of the eastern Lunga and Kafue Rivers, the boundary follows up the left bank of the Lunga River to the confluence of the Munshingashi River, thence up the Mushingushi River to the confluence of the Chifukula Stream; thence in a straight line in a north-easterly direction to the source of the Milumbi Stream; thence down the Milumbi Stream to its confluence with the Luswishi River; thence down the Luswishi River to the confluence of the Funda River; thence up the Funda River and along the boundary of the Western Timber Concession described in the Reserves (Western Timber Concession) Regulations, to a point on the watershed between the Luswishi and Lufwanyama Rivers; thence along this watershed in a southerly direction to Mitumba Hill; thence in a straight line in a south-westerly direction to the confluence of the Mininga and Luswishi Rivers; thence down the Luswishi River to the confluence of the Mwakushi Stream; thence up this stream to its source; thence in a straight line in a south-westerly direction to the most westerly source of the Mulalashi River; thence in a straight line in a southerly direction to the confluence of the Kalanga Stream and the Luamala River; thence up the Kalanga Stream to its confluence with the Karenda Stream; thence up the Karenda Stream to its source; thence westwards to Beacon 264 N.R.P.; thence south-eastwards to the source of the Chipeta Stream and down that stream to its confluence with the Kafue River; thence westwards along the right bank of the Kafue River to the point of
starting.
SECTION 5 (2)-THE TSETSE CONTROL (FEIRA TSETSE FLY AREA) REGULATIONS Regulations by the Minister
1. These Regulations may be cited as the Tsetse Control (Feira Tsetse Title Fly Area) Regulations. 2. No person shall enter that part of the Feira Tsetse Fly Area described Restriction on in the Schedule unless he shall have obtained the written permission of entry an officer of the Department of Veterinary Services, or of a Government Medical Officer, or of an officer of the Ministry of Lands, or of a duly authorised official of the Rufunsa Rural Council. (As amended by S.I. No. 29 of 1964)
SCHEDULE
(Regulation 2) Starting at a point on the bank of the Zambezi River 1.6 kilometres west of the confluence of the Chongwe River with the Zambezi River, the boundary runs north-west parallel to and at a distance of 1.6 kilometres from the Chongwe River to the point where this river meets the boundary of the Soli Shamifwe Reserve No. XVI; thence along the southern boundary of this reserve to its easter most point on the Mwambashi River; thence in a straight line in a south-easterly direction to the confluence of the Moyo and Chakwenga Streams; thence in a straight line in a north-easterly direction to Kaulashishi Hill; thence in a straight line in a north-easterly direction to a point on the Kaunga Stream; thence down the Kaunga Stream to a point due north of Chakweva Hill; thence southward to Chakweva Hill; thence in a south by south-easterly direction in a straight line to a point on the north bank of the Zambezi River 4.8 kilometres upstream of Kavalamanja (1947) Village; thence upstream along the north bank of the Zambezi River to the point of starting.
SECTION 5 (2)-THE TSETSE
Government Notice 151 of 1957 Statutory Instrument
CONTROL (KALOMO-NGWEZI TSETSE FLY AREA) REGULATIONS Regulations by the Minister

1. These Regulations may be cited as the Tsetse Control (Kalomo-Ngwezi Tsetse Fly Area) Regulations.
29 of 1964 Act No. 13 of 1994
Title
2. No person shall enter or leave the Kalomo-Ngwezi Tsetse Fly Area Entry into Kalomo-Ngwezi other than through one of the tsetse control pickets described in the Tsetse Fly Area Schedule unless he shall have obtained the written permission of an officer of the Department of Veterinary Services or of an officer of the Ministry of Lands. (As amended by S.I. No. 29 of 1964)
Movement of 3. (1) No person shall move or cause to be moved any vehicle other than a bicycle, or any domestic animal other than a dog or fowl, to, from, vehicles and animals or within the Kalomo-Ngwezi Tsetse Fly Area except in accordance with the provisions of a permit issued by an officer of the Department of Veterinary Services or an officer of the Ministry of Lands.
(2) A permit issued in terms of sub-regulation (1) shall specify the points of entry and exit and the route to be followed through the area. (As amended by S.I. No. 29 of 1964) 4. (1) If any domestic animal, other than a dog or fowl, shall enter the Illegal entry of Kalomo-Ngwezi Tsetse Fly Area otherwise than in accordance with the animals provisions of a permit issued under regulation 3, the owner and any person having custody of, or control over, the said animal shall be guilty of an offence. (2) Any domestic animal, other than a dog or fowl, which is found in the Kalomo-Ngwezi Tsetse Fly Area, otherwise than in accordance with the provisions of a permit issued under regulation 3, may be seized by an officer of the Department of Veterinary Services or an officer of the Ministry of Lands and removed from the said area.

Penalties 5. Any person who contravenes any of the provisions of these Regulations shall be guilty of an offence and shall be liable to a fine not exceeding one thousand five hundred penalty units or, in default of payment, to imprisonment not exceeding three months.
SCHEDULE
(Regulation 2) 1. The picket known as No. 1 Post on the Ngwezi River where it forms the western boundary of Lion Kop Ranch (Farm No. 73a). 2. The picket known as No. 3 Post on the road connecting Road B121 with Dundumwenzi Hill, at approximately 2.4 kilometres from Road B121. 3. The picket known as No. 5 Post adjacent to the Kalomo River north of the alienated land boundary. 4. The picket known as No. 7 Post on the road connecting Road B121 with Dundumwenzi Hill, at approximately 8.8 kilometres from Road B121. 5. The picket known as No. 8 Post near the Ngwezi River where it forms the western boundary of Farm No. BW5. 6. The picket known as No. 9 Post on the southern boundary of the Kalomo-Ngwezi Tsetse Fly Area west from No. 8 Post.
SECTION 5 (2)-THE TSETSE CONTROL (LUANO VALLEY TSETSE FLY AREA) REGULATIONS Regulations by the Minister
1. These Regulations may be cited as the Tsetse Control (Luano Valley Title Tsetse Fly Area) Regulations.
2. (1) No person shall cross the western boundary of the Luano Valley Entry and exit to be only through tsetse Tsetse Fly Area, whether to enter or leave the said area, other than control pickets through one of the tsetse control pickets described in the First Schedule, unless he shall have obtained the written permission of an officer of the Department of Veterinary Services or of an officer of the Ministry of Lands. (2) For the purposes of this regulation, the western boundary shall be deemed to be that portion of the boundary of the said area which runs from the confluence of the Champande River with the Mwomboshi River westwards, southwards and eastwards to the intersection of the Chiwuyu Stream with the Great East Road. (As amended by S.I. No. 29 of 1964) 3. (1) No person shall cause any domestic animal, other than a dog or fowl, to enter or leave the Luano Valley Tsetse Fly Area unless he shall have obtained the written permission of an officer of the Department of Veterinary Services or of an officer of the Ministry of Lands.
Restriction on movements of domestic animals into and within the area
(2) A permit issued in terms of sub-regulation (1) shall specify the points of entry and exit through which the animals may be moved, and may define the area within which such stock must be confined. 4. (1) If any domestic animal, other than a dog or fowl, shall enter that Illegal entry of animals part of the Luano Valley Tsetse Fly Area described in the Second Schedule, otherwise than in accordance with the provisions of a permit issued under regulation 3, the owner and any person having custody of, or control over, the said animal shall be guilty of an offence. (2) Any domestic animal, other than a dog or fowl, which is found in that part of the Luano Valley Tsetse Fly Area described in the Second Schedule, otherwise than in accordance with the provisions of a permit issued under regulation 3, may be seized by an officer of the Department of Veterinary Services or an officer of the Ministry of Lands and removed from the said area. (As amended by S.I. No. 29 of 1964) 5. No person shall cross in either direction the line described in Part I
Restriction on movements of
of the Second Schedule, other than through one of the tsetse control pickets described in Part II of the said Schedule, unless he shall have obtained the written permission of an officer of the Department of Veterinary Services or of an officer of the Ministry of Lands. (As amended by S.I. No. 29 of 1964)
persons
FIRST SCHEDULE
(Regulation 2) 1. The picket at the vehicle smudge house on the motor track from Chief Chamuka's to Farm No. 1135 "Chilombo". 2. The picket adjacent to the main entrance to Chipembe Mission and the eastern entrance to Farm No. 1135 on the motor track from Chief Chamuka's to the said farm. 3. The picket at Chipembe Mission boundary fence on the track from the Tsetse Control Supervisor's headquarters to Chipembe Mission. 4. The picket at the joint boundary of "Figtree" and "Kalangwa" Farms on the track leading from the Luano Valley to the said farms. 5. The picket at Chief Chamuka's old village at the junction of the track from Yumbe village with the motor track from 16 kilometres on the Mulungushi power line road. 6. The picket on the track running from a point on the Great East Road just east of the Chongwe River crossing to the western gap in the Chainama Hills. 7. The picket on the track running from a point on the Great East Road just east of the Nyangwena River crossing to the eastern gap in the Chainama Hills near Kacha Village. 8. The picket at Chinunu at mile 56 from Lusaka on the Great East Road.
SECOND SCHEDULE
(Regulations 4 and 5)
PART I
A line which runs from the confluence of the Mulungushi and Mwomboshi Rivers up the Mwomboshi River to its confluence with the Champande River; thence up the Champande River to its confluence with the Chimfundi Stream; thence up the Chimfundi Stream to its source; thence in a straight line southwards to the source of the
Sakaluane Stream; thence down the Sakaluane Stream to its confluence with the Muchinda Stream; thence in a straight line due south to the Changale Hills; thence eastwards along these hills to Kito Hill.
PART II
1. The picket at Sakaluane Stream on the main path from Ngoro village in the Luano Valley to Chief Chamuka's villages on the plateau. 2. The picket near the Champande River on the track from the Katuba Stream to Yumbe village.
SECTION 5 (2)-THE TSETSE CONTROL (MACHILI TSETSE FLY AREA) REGULATIONS Regulations by the Minister
1. These Regulations may be cited as the Tsetse Control (Machili Tsetse Fly Area) Regulations. 2. No person shall enter or leave, or cause any domestic animal or vehicle or bicycle to enter or leave, the Machili Tsetse Fly Area, other than through one of the tsetse control pickets described in the First Schedule, unless he shall have obtained the written permission of an officer of the Department of Veterinary Services or of an officer of the Ministry of Lands. (As amended by S.I. No. 29 of 1964)
Government Notices 209 of 1959 284 of 1959 Statutory Instrument 29 of 1964
Title
Entry into Machili Tsetse Fly Area
3. (1) No person shall enter, or cause any domestic animal or vehicle or Movement of bicycle to enter, that part of the Machili Tsetse Fly Area described in the vehicles and animals Second Schedule, unless he shall have obtained the written permission of an officer of the Department of Veterinary Services or of an officer of the Ministry of Lands. (2) A permit issued in terms of sub-regulation (1) shall specify the points of entry and exit and mode of travel. (As amended by S.I. No. 29 of 1964)
4. Any person who contravenes any of the provisions of these Regulations shall be guilty of an offence and shall be liable to imprisonment not exceeding three months: Provided that, notwithstanding the foregoing regulations, in respect of the said portion of the Machili Tsetse Fly Area which is also Protected Forest Area No. 2: Machili, employees of the Ministry of Lands, while on duty, will have unrestricted entry and movement to carry out necessary forest operations, but will be required to leave the area by one of the established pickets.
Penalties
FIRST SCHEDULE
(Regulation 2) 1. Mulanga Fly Picket on the railway at Mulanga where the Mulanga fire line road crosses it. 2. Sala Fly Picket on the railway line at Sala. 3. Machili Fly Picket on the Mambova-Machili access road on the southern edge of the Simatanga dambo. 4. The Ngwezi Fly Picket near the Ngwezi River on the Mambova-Machili access road approximately 20.8 kilometres from Mambova. (As amended by No. 284 of 1959)
SECOND SCHEDULE
(Regulation 3) That part of the Machili Tsetse Fly Area lying between the Mambova-Machili access road and the western boundary of the Saw Mills Railway Reserve.
SECTION 5 (2)-THE TSETSE CONTROL (MULUNGUSHI DAM TSETSE FLY AREA) REGULATIONS Regulations by the Minister
1. These Regulations may be cited as the Tsetse Control (Mulungushi Title Dam Tsetse Fly Area) Regulations. 2. No person shall enter, or cause or allow any domestic animal to enter, the Mulungushi Dam Tsetse Fly Area unless he shall have obtained the written permission of an officer of the Department of Veterinary Services, or of the Director of Veterinary Services. (As amended by S.I. No. 29 of 1964)
Restriction on entry
SECTION 5 (2)-THE TSETSE CONTROL (MUMBWA-NAMWALA (NORTH) TSETSE FLY AREA) REGULATIONS Regulations by the Minister
1. These Regulations may be cited as the Tsetse Control (Mumbwa-Namwala (North) Tsetse Fly Area) Regulations. 2. No person shall enter into or move within the Mumbwa-Namwala (North) Tsetse Fly Area for the purpose of establishing new sites for residence or cultivation unless he shall have obtained the written permission of an officer of the Department of Veterinary Services. (As amended by S.I. No. 29 of 1964) 3. No person shall enter or leave, or cause any vehicle or bicycle to enter or leave, that part of the Mumbwa-Namwala (North) Tsetse Fly Area described in the First Schedule, except through one of the tsetse control pickets described in the Second Schedule, unless he shall have obtained the written permission of an officer of the Department of Veterinary Services or of an officer of the Ministry of Lands. (As amended by S.I. No. 29 of 1964)
Title
Restriction on entry into and movement within the area
Entry and exit to be only through tsetse control pickets
4. No person shall, without the written permission of an officer of the Department of Veterinary Services or of an officer of the Ministry of Lands, cause any domestic animal, other than a dog or fowl, to enter, or allow such animal to stray into, that part of the Mumbwa-Namwala (North) Tsetse Fly Area described in the First Schedule, or that part of the area lying between the Kafue North Bank Tsetse Control Fence and the Kafue River which comprises bush land. (As amended by S.I. No. 29 of 1964)
Restriction on movements of domestic animals into and within the area
FIRST SCHEDULE
(Regulations 3 and 4) That part of the Mumbwa-Namwala (North) Tsetse Fly Area lying to the north of a line drawn from the point where its southern boundary meets the Lutale River westward along the Kafue North Bank Tsetse Control Fence to the Bunga gate in that fence; thence westward along the south side of the track leaving the Bunga gate to the point where it enters the bush; thence westward along the bush edge to the point where this reaches the Kafue River at approximately 15 degrees 47 minutes south, 26 degrees 8 minutes east.
SECOND SCHEDULE
(Regulation 3) 1. The tsetse control picket situated at the "Bunga" gate in the Kafue North Bank Tsetse Control Fence. 2. The tsetse control picket situated at the "Jacobs" gate in the Kafue North Bank Tsetse Control Fence. 3. The tsetse control pickets situated on the Mumbwa-Namwala road, the Namwala Mission-Chibila road, the Mumbwa-Kaoma road and the Mumbwa-Matala Mine-Lusaka road at the points where these roads enter and leave the Mumbwa-Namwala (North) Tsetse Fly Area. 4. The tsetse control picket situated on the footpath from Mulili 1954 village site on the Mumbwa-Matala Mine road to Mumbwa.
SECTION 5 (2)-THE TSETSE CONTROL PICKET REGULATIONS
Regulations by the Minister

1. These Regulations may be cited as the Tsetse Control Picket Regulations. 2. In these Regulations, unless the context otherwise requiresTitle
Interpretation
"authorised official" means any official of the Ministry of Lands duly authorised by the Director of Veterinary Services; "register" means a book kept at a tsetse control picket in which shall be entered such particulars regarding the persons, vehicles and domestic animals treated at the picket as the Director of Veterinary Services may from time to time require; "smudge house" means any building erected at a tsetse control picket for the purpose of freeing vehicles or domestic animals from tsetse flies. 3. (1) The Director of Veterinary Services may, where he considers it Establishment of necessary to prevent the spread of tsetse fly, authorise the establishment tsetse control pickets of tsetse control pickets on any roads and recognised footpaths. (2) A tsetse control picket established under sub-regulation (1) shall consist of a barrier across the road or footpath, with or without a smudge house, and shall be provided with conspicuous notice-boards giving warning of its existence. 4. (1) (a) Any person whether travelling on foot or by vehicle, and any Duty to stop at person driving domestic animals, along any road or footpath on which a tsetse control picket tsetse control picket has been established shall stop, and shall cause any such domestic animals to stop, at the tsetse control picket and shall not proceed until permitted to do so by an authorised official. (b) The driver of any vehicle or domestic animals who has stopped at a tsetse control picket at which a smudge house has been erected shall, when required to do so by an authorised official, drive such vehicle or domestic animals into the smudge house and cause them to remain there until permitted to proceed.
(2) It shall be lawful for an authorised official to inspect any person, vehicle or domestic animal stopped at a tsetse control picket in order to detect the presence of tsetse flies and take such measures, including the application of insecticides, as may be necessary to free them of tsetse flies. (3) Any person stopped at a tsetse control picket shall, before proceeding, enter such particulars in the register as may be required by an authorised official.
Avoidance of 5. It shall be unlawful for any person travelling along any road or footpath on which a tsetse control picket has been established to make a tsetse control picket detour with the object of avoiding such picket.
CHAPTER 250 THE CATTLE SLAUGHTER (CONTROL) ACT

Section 1. 2. 3. 4. 5. 6. 7. Short title and application Interpretation Grant of permit for cattle slaughter Restriction on slaughter of certain cattle Inspector's powers of entry Review Penalties
CHAPTER 250
CATTLE SLAUGHTER (CONTROL) An Act to control the slaughter of immature and breeding cattle; and to provide for matters incidental thereto. [30th July, 1948]
28 of 1959 45 of 1957 13 of 1966 Government Notices 319 of 1964 497 of 1964
Act No. 13 of 1994
1. This Act may be cited as the Cattle Slaughter (Control) Act, and shall apply to such areas in Zambia, and to such types or classes of cattle, as the Minister may, by statutory notice, direct. 2. In this Act, unless the context otherwise requires"cattle" means bovines; "immature cattle" means cattle, male or female, under the age of three years, or not having eight permanent incisor teeth yet erupted; "inspector" means any Veterinary Officer, Livestock Officer or other person authorised by the Director of Veterinary Services to inspect cattle for the purposes of this Act; "permit" means written permission issued in accordance with section three. (As amended by No. 45 of 1957)
Short title and application
Interpretation
3. Where an inspector is satisfied that it is necessary or desirable in the Grant of permit for public interest to do so, he may grant a permit to any person authorising cattle slaughter the slaughter of such number of immature cattle or female cattle under the age of ten years as he may specify thereon. (No. 13 of 1966) 4. (1) No person shall slaughter any number of immature cattle or female cattle under the age of ten years(a) unless he is in possession of a permit granted in respect of the slaughter thereof; or (b) exceeding the number specified on such permit.
Restriction on slaughter of certain cattle
(2) Every person who slaughters immature cattle or female cattle under the age of ten years shall, not later than thirty days after such cattle are
slaughtered, furnish to the Director of Veterinary Services(a) the permit granted in respect of the slaughter thereof; and
(b) such information relating to such cattle and the slaughter thereof as the Minister may, by statutory order, require to be furnished. (3) An order made by the Minister under this section may provide for the forms to be used and the procedure to be followed in connection with the furnishing of information to the Director of Veterinary Services under this section. (Amended by No. 13 of 1966)
Inspector's powers 5. For the purposes of this Act, any inspector may at all reasonable of entry times enter any land or premises where cattle are kept for slaughter or offered for sale, and any abattoir or slaughter-house or other place where cattle are slaughtered, and may inspect any cattle or carcasses found therein, and may issue an order forbidding the slaughter of any cattle and may seize and remove any carcass or part of any carcass which would afford evidence of a contravention of this Act.
6. Any person aggrieved by a refusal of an inspector to grant a permit Review may ask that the decision be reviewed by the Minister, whose decision shall be final. (As amended by No. 13 of 1966) 7. Any person who contravenes any of the provisions of this Act shall Penalties be guilty of an offence and liable to a fine not exceeding three thousand penalty units or, in default of payment, to imprisonment with or without hard labour for any period not exceeding six months, or to both. (As amended by Act No. 13 of 1994)
SECTION 1-THE CATTLE SLAUGHTER (CONTROL) ACT (APPLICATION) ORDER Order by the Minister
Statutory Instrument 44 of 1981
1. This Order may be cited as the Cattle Slaughter (Control) Act (Application) Order. 2. The provisions of the Act shall hereafter apply throughout Zambia to all types and classes of cattle. CHAPTER 251 THE PIG INDUSTRY ACT
Title
Application of Cap. 250
PART I PRELIMINARY Section 1. 2. Short title Interpretation
PART II IMPOSITION AND COLLECTION OF LEVY ON PIGS 3. 4. 5. 6. 7. 8. 9. 10. Application of Part II Imposition of levy on pigs Withdrawal or suspension of the levy Establishment of Pig Levy Account Disposal of the levy Summary judgment for the levy in criminal proceedings Recovery of the levy Legal costs of Minister
PART III DEVELOPMENT OF THE PIG INDUSTRY IN ZAMBIA 11. Certain pig carcasses to be graded throughout Zambia
12. Minister may define areas in Zambia within which all carcasses to be graded
13. 14. 15. 16. 17.
Duties of Government graders Bacon factories to be licensed Application for and issue of licences Extension of licences Conditions of licences
PART IV GENERAL PROVISIONS 18. 19. 20. Appointment of Government graders and inspectors Regulations Offences and penalties
CHAPTER 251
PIG INDUSTRY
28 of 1959 15 of 1960 An Act to provide for the imposition and collection of levies on pigs Act produced in Zambia; for the development of the pig industry and for 9 of 1964 matters incidental thereto. 13 of 1994 Government [1st February, 1960] Notices 89 of 1964 497 of 1964 Statutory Instrument 176 of 1965
PART I PRELIMINARY 1. This Act may be cited as the Pig Industry Act.
Short title
2. In this Act, unless the context otherwise requires-
Interpretation
"bacon" means any part of the carcass of a pig, excluding the feet and the offal and all parts of the head except the chaps, which has been salted or smoked or salted and smoked or picked and smoked; "bacon factory" means premises where pig carcasses are dressed and cured for the making of bacon or ham for sale or for export from Zambia; "dealer" includes(a) an auctioneer, broker, purchaser, seller or exporter of pigs or pig carcasses and a person engaged in the pig industry as defined in paragraph (b) of the definition of pig industry or in any other trade or industry in which pig carcasses are utilised or treated; and (b) a market master and a local authority;
and cognate expressions shall be construed by reference, amongst other things, to transactions or operations such as are carried on by persons referred to in paragraph (a) of this definition; "Government grader" means a Government grader appointed in terms of subsection (1) of section eighteen and includes a person exercising or performing any of the powers or duties of a Government grader conferred or imposed upon him in terms of subsection (2) of that section; "ham" has the meaning assigned to bacon; "inspector" means an inspector appointed in terms of subsection (1) of section eighteen and includes a person exercising or performing any of the powers or duties of an inspector conferred or imposed upon him in terms of subsection (2) of that section; "the levy" means the levy prescribed in terms of section four; "licence" means a licence issued in terms of section fifteen; "pig carcass" means the carcass or any part of the carcass of a pig; "pig industry" includes anything and everything connected with-
(a) the production, handling, treatment, processing and preparation for market or for export from Zambia of pigs and pig carcasses; and (b) the dressing and curing of pig carcasses for the making of bacon or ham; "Pig Levy Account" means the Pig Levy Account established in terms of section six; "pig products" means pork, bacon, ham and other products for human consumption which are derived from pig carcasses; "producer" means a person who, by himself or by means of his agents or servants, produces pigs in Zambia and "produced" shall be construed accordingly; "regulation" includes an order or notice; "sell" includes to exchange or dispose of for valuable consideration and cognate expressions shall be construed accordingly. (As amended by No. 15 of 1960, G.N. No. 89 of 1964 and S.I. No. 176 of 1965)
PART II IMPOSITION AND COLLECTION OF LEVY ON PIGS 3. The provisions of this Part shall not apply in relation to pigs which are(a) obsolete; (b) produced by a producer and consumed by him, members of his household or his servants. (As amended by No. 15 of 1960 and G.N. No. 89 of 1964 4. (1) Subject to the provisions of this Act, there shall be a levy at such Imposition of levy rate as the Minister may prescribe on all pigs produced and slaughtered on pigs in Zambia.
Application of Part II
(2) The Minister shall prescribe the persons who shall be responsible for the payment of the levy and the persons who shall be responsible for the collection and remittal of the levy and the manner in and the times at which the levy shall be paid, collected and remitted. (3) The levy shall be remitted to the Permanent Secretary. (4) In prescribing the matters which by this section are required or are permitted to be prescribed, the Minister may(a) and (b) (c) make different provision in respect of different classes of pigs;
make no provision in respect of particular classes of pigs; and obsolete;
(d) provide that the levy may be collected or remitted by different methods or at different times; and (e) provide for exemptions from the levy.
(5) In classifying pigs for the purposes of paragraphs (a) and (b) of subsection (4), the Minister may have regard, amongst other things, to the purposes for which or the manner or the places or areas in which pigs are produced, slaughtered, consumed or dealt in. (6) The levy shall not exceed(a) (b) one-quarter of one ngwee per pound dead weight; or fifty ngwee in respect of any one pig.
(As amended by No. 15 of 1960 and G.N. No. 89 of 1964) 5. (a) The Minister may at any time, by statutory orderwithdraw the levy; or
Withdrawal or suspension of the levy
(b)
suspend the collection of the levy;
in whole or in part. 6. On the 1st February, 1964, there shall be established in respect of the Establishment of levy a special account to be known as the Pig Levy Account into which Pig Levy Account shall be paid the proceeds of the levy. (G.N. No. 89 of 1964 as amended by S.I. No. 176 of 1965) 7. The Minister shall from time to time dispose of the amount standing Disposal of the to the credit of the Pig Levy Account in such manner as is in his opinion levy calculated to promote the development of the pig industry. (Act No. 9 of 1964) 8. (1) On the conviction of a person for an offence of failing or refusing to pay or to collect, or to remit to the Permanent Secretary, the levy in terms of this Act, the court convicting the accused may, on the application of the prosecutor and, in addition to any penalty which it may inflict, give summary judgement against the accused in favour of the Minister for the amount of the levy to which the offence relates. (2) A judgment given by a court in terms of subsection (1) shall have the same force and effect and may be executed in the same manner as if the judgment had been given in a civil action instituted in the court. (As amended by No. 15 of 1960 and G.N. No. 89 of 1964) 9. The Minister may, by civil action in a competent court, recover the Recovery of the levy amount of the levy which is due in terms of this Act from a person required in terms of this Act to pay the levy or to collect and remit the levy to the Permanent Secretary. (As amended by No. 15 of 1960 and G.N. No. 89 of 1964) 10. The costs payable by the Minister in an action referred to in section Legal costs of Minister nine shall be paid from the funds in the Pig Levy Account.
Summary judgment for the levy in criminal proceedings
PART III
DEVELOPMENT OF THE PIG INDUSTRY IN ZAMBIA 11. (a) The carcasses of all pigs slaughtered in Zambia forexport or sale as carcasses; or
Certain pig carcasses to be graded throughout Zambia
(b) making into bacon, ham or other products for human consumption; shall be graded immediately after slaughter in accordance with the provisions of this Act. (As amended by No. 15 of 1960 and G.N. No. 89 of 1964) 12. The Minister may, by statutory notice, define areas in Zambia within which the carcasses of all pigs slaughtered for sale or export in any form whatsoever shall be graded immediately after slaughter in accordance with the provisions of this Act. (As amended by No. 15 of 1960, Act No. 9 of 1964, G.N. No. 89 of 1964 and S.I. No. 176 of 1965) 13. A Government grader shallDuties of Government graders Minister may define areas in Zambia within which all carcasses to be graded
(a) examine the quality of each pig carcass liable to be graded in accordance with the provisions of this Act; and (b) grade the pig carcass and mark the grade on the carcass in the prescribed manner. 14. (1) No person shall use premises as a bacon factory-
Bacon factories to be licensed
(a) unless he holds a licence to use those premises as a bacon factory issued by the Minister; and (b) otherwise than in accordance with the conditions, if any, contained in the licence. (2) A person who contravenes the provisions of subsection (1) shall be guilty of an offence and all pig carcasses found on the premises shall be forfeited.
15. (1) An application for a licence referred to in subsection (1) of section fourteen shall be made to the Permanent Secretary in the form and in the manner prescribed. (2) The Minister shall issue a licence(a) if the premises in respect of which the application for the licence is made conform with the specifications and standards prescribed by regulations providing for the matters referred to in paragraph (m) of subsection (2) of section nineteen; and (b) if, after taking into account the number of licences issued and the annual pig production in Zambia, the Minister is of the opinion that the issue of the licence will not adversely affect the development of the pig industry. (3) A licence shall, subject to the provisions of section sixteen, cease to be of force on the 31st December in the year in which it is issued. (4) A person using premises as a bacon factory immediately before the 1st February, 1960, shall for the purposes of paragraph (a) of subsection (1) of section fourteen be deemed to be the holder of a licence issued on that date. (As amended by Act No. 9 of 1964, G.N. No. 89 of 1964 and S.I. No. 176 of 1965)
Application for and issue of licences
16. (1) Subject to the provisions of subsection (3), the Minister shall, on Extension of the application of the holder of a licence, extend the licence from year to licences year to the 31st December. (2) An application for the extension of a licence shall be made to the Permanent Secretary in the form and in the manner prescribed. (3) The Minister shall not, unless he is of the opinion that there are special circumstances justifying the extension of the licence, extend a licence if the premises in respect of which the licence was issued(a) no longer conform with the specifications and standards
prescribed by regulations providing for the matters referred to in paragraph (m) of subsection (2) of section nineteen; or (b) have not been used by the holder of the licence for dressing and curing pig carcasses for the making of bacon or ham during the period of six months ending on the date application for the extension of the licence is made. (4) If the holder of a licence applies for an extension of the licence before the 31st December in any year, the licence shall be treated as being of force until the holder is notified in writing by the Permanent Secretary that the Minister has refused the application or has extended the licence. (As amended by G.N. No. 89 of 1964)
Conditions of 17. In issuing or extending a licence the Minister may impose such conditions, including a condition requiring the holder of the licence to licences dress and cure annually a maximum or a minimum number or not more than a maximum or less than a minimum number of pig carcasses for the making of bacon or ham, as in his opinion are necessary to assist the development of the pig industry in Zambia.
(As amended by No. 15 of 1960 and G.N. No. 89 of 1964)
PART IV GENERAL PROVISIONS 18. (1) Subject to the provisions of any written law governing the public service, the Minister may, for the purposes of this Act, appoint persons as Government graders or inspectors or as Government graders and inspectors. (2) With the consent of the President, the Minister may confer all or any of the powers and impose all or any of the duties of a Government grader or an inspector under this Act upon any person or class of persons in the public service or in the Zambia Police Force. (As amended by No. 15 of 1960 and G.N. No. 89 of 1964)
Appointment of Government graders and inspectors
19. (1) The Minister may by regulation prescribe all matters which by this Act are required or are permitted to be prescribed or which are necessary or convenient to be prescribed for carrying out or giving effect to the provisions of this Act. (2) Without derogation from the generality of the provisions of subsection (1), the Minister may in the exercise of the power conferred upon him by that subsection provide for(a) the registration of producers, dealers and persons who slaughter pigs and the information to be supplied in connection with applications for registration; and (b) the keeping of books, registers and accounts, the furnishing of returns and the supply of information relating to the production and slaughter of and dealings in pigs, pig carcasses and pig products; and (c) (i) (ii) the inspection by inspectors ofpigs, pig carcasses and pig products wherever they may be; and books, registers and accounts referred to in paragraph (b); and
Regulations
(iii) piggeries, bacon factories, land and other premises where pigs, pig carcasses and pig products are produced, handled, treated, processed, prepared, dressed, cured, dealt in or stored; and (d) the seizure by an inspector of books, documents, pigs, pig carcasses or pig products which, in the opinion of the inspector, may afford evidence of a contravention of the provisions of this Act, and the doing of such other things as may appear to the inspector necessary for ascertaining whether compliance has been made with the provisions of this Act; and (e) the production to inspectors of licences and of books, registers and accounts, pigs, pig carcasses, and pig products referred to in paragraph (c); and (f) the manner in which the levy shall be assessed and paid and the collection of and the remittal to the Permanent Secretary of the levy, including the collection and the remittal to the Permanent Secretary of the levy by dealers and persons who slaughter pigs; and
(g) the grading and marking of pig carcasses and the names and designations of the various grades; and (h) the marks to be used by Government graders and the manner of grading and marking pig carcasses; and (i) the grading, marking, packing or invoicing of pig products and the manner in which pig products shall be wrapped or packed so as to indicate the grade of pig from which they are derived; and (j) the prohibition or regulation of the sale, distribution, consignment or delivery of pig carcasses and pig products which have not been graded, marked, packed, wrapped or invoiced in accordance with regulations; and (k) the form and manner in which applications for licences and extensions of licences are to be made and the information to be supplied in connection therewith; and (l) the form of licences and circumstances in which and the conditions subject to which licences shall be issued or extended; and (m) the construction, layout and equipment of bacon factories; and
(n) the fixing of maximum, minimum or specified prices determined by reference to dead weight and grade or live weight and grade which shall be paid for pigs. (3) The Minister may in the exercise of the power conferred upon him by subsection (1) make different provision with respect to different classes of pigs, pig carcasses and pig products and in respect of different producers, dealers who slaughter pigs or classes of producers, and dealers who slaughter pigs. (As amended by No. 15 of 1960 and G.N. No. 89 of 1964) 20. A person whoOffences and penalties
(a) fails or refuses when required to do so in terms of this Act to register as a producer, dealer or person who slaughters pigs; or (b) fails or refuses to furnish a return, or to supply information in the manner and in the time prescribed, or furnishes a false or incomplete
return or supplies false or incomplete information; or (c) obstructs a Government grader or inspector in the performance of his duties or the exercise of powers conferred by or under a provision of regulations or, on being directed to do so, does not produce to an inspector for inspection a licence or pigs, pig carcasses or pig products, and any books, registers or accounts relating thereto, which are in his possession or under his control; or (d) marks on a pig carcass or pig product a mark identical with a Government grader's mark, or a mark so nearly resembling a Government grader's mark as to be likely to be mistaken for it, or forges a Government grader's mark on a pig carcass or pig product graded in terms of this Act; or (e) contravenes or fails to comply with a provision of this Act or of regulations or with an order or direction made or given thereunder with which it is his duty to comply; shall be guilty of an offence and liable(i) for a contravention of subsection (1) of section fourteen or of paragraph (d)A. on first conviction, to a fine not exceeding three thousand penalty units or, in default of payment, to imprisonment for a period not exceeding one year, or to such imprisonment without the option of a fine, or to both; and B. on the second or a subsequent conviction, to a fine not exceeding six thousand penalty units or, in default or payment, to imprisonment for a period not exceeding two years, or to such imprisonment without the option of a fine, or to both; (ii) for an offence not referred to in sub-paragraph (i)-
A. on first conviction, to a fine not exceeding seven hundred and fifty penalty units or, in default of payment, to imprisonment for a period not exceeding one month, or to such imprisonment without the option of a fine, or to both; and B. on the second or a subsequent conviction, to a fine not exceeding one thousand five hundred penalty units or, in default of payment, to imprisonment for a period not exceeding two months, or to such imprisonment without the option of a fine, or to both. (As amended by No. 15 of 1960 and Act No. 13 of 1994)
PIG INDUSTRY SECTION 5-THE PIG INDUSTRY LEVY (WITHDRAWAL) ORDER Order by the Minister 1. This Order may be cited as the Pig Industry Levy (Withdrawal) Order.
CAP. 251 Statutory Instrument 59 of 1966 Title
2. The Levy imposed in pursuance of the Act on pigs is hereby wholly Withdrawal of withdrawn. levy SECTION 12-THE PIG INDUSTRY (DEFINITION OF AREAS) NOTICE Notice by the Minister Federal Government Notice 368 of 1960 Government Notice 497 of 1964 Title
1. This Notice may be cited as the Pig Industry (Definition of Areas) Notice. 2. (a) The areas within11.2 kilometres of the Lusaka Post Office;
Definition of areas
(b) 8 kilometres of the Kitwe, Livingstone, Luanshya, Mufulira and Ndola Post Offices; are hereby defined as areas in Zambia within which the carcasses of all pigs slaughtered for sale or export in any form whatsoever shall be graded immediately after slaughter in accordance with the provisions of the Pig Industry (Grading) Regulations. SECTION 19-THE PIG INDUSTRY (GRADING) REGULATIONS Regulations by the Minister Federal Government Notices 138 of 1960
140 of 1961 362 of 1962 52 of 1963 285 of 1963 Government Notice 89 of 1964 Statutory Instrument 47 of 1975 Act No. 13 of 1994 1. These Regulations may be cited as the Pig Industry (Grading) Regulations. 2. In these Regulations, unless the context otherwise requires"dead weight" means cold dressed weight as determined in accordance with regulation 3; "defined area" means an area defined under section twelve of the Act; "registered exporter" means any person registered or deemed to be registered in terms of regulation 4 of the Pig Industry (Prices) Regulations; "slaughter-house" means a slaughter-house operated by a local authority, or a bacon factory. (As amended by F.G.N. No. 140 of 1961 and G.N. No. 89 of 1964) 3. The cold dressed weight of a pig carcass shall be determined by weighing the carcass within one hour of slaughter and by deducting three per centum to the nearest kilogram from the weight so obtained. Cold dressed weight Title
Interpretation
4. (1) The carcasses of pigs liable to be graded in terms of the Act shall Grading of pig be graded by a Government grader at a slaughter-house in accordance carcasses with the provisions of the First Schedule in one or other of the grades there specified.
(2) The carcasses of pigs which have been graded in terms of sub-regulation (1) shall be marked by a Government grader with a roller-mark in accordance with the provisions of the Second Schedule: Provided that(i) the carcasses of pigs slaughtered for export from Zambia by a registered exporter; (ii) internal cuts of meat;
shall not be so marked. (F.G.N. No. 140 of 1961 as amended by G.N. No. 89 of 1964) 5. A Government grader may regrade a carcass if(a) (i) (ii) (b) a defect caused bysoft and oily fat; or fishy flavour or other taint; was not apparent when the carcass was graded; or the pig was slaughtered as a casualty; or (c) in the opinion of a senior grader, the original grading was inaccurate. (F.G.N. No. 285 of 1963) 6. No person shall sell at, distribute in or consign or deliver to any Dealing in pig place within a defined area the carcass of any pig slaughtered in Zambia- carcasses in (a) liable to be graded in terms of the Act which has not been graded defined areas and marked in accordance with the provisions of these Regulations; or (b) slaughtered outside that defined area unless it has been graded and marked in accordance with the provisions of these Regulations as though it was a pig carcass liable to be graded in terms of the Act. (F.G.N. No. 56 of 1963 as amended by G.N. No. 89 of 1964) Regrading of pig carcasses
7. No person other than the consumer shall remove the skin of a pig carcass graded in terms of regulation 4 or interfere in any way with the marking thereon. 8. A Government grader shall, in respect of every pig carcass graded by him in terms of regulation 4, furnish to the person who slaughtered the pig a return, in duplicate, in the form prescribed in the Third Schedule. One copy of such return shall be forwarded by the person who slaughtered the pig to the seller when payment is made and one copy shall be retained by the person who slaughtered the pig. 9. (1) Any person whose pig carcass has been classified and graded in terms of regulation 4 and who is dissatisfied with the decision of the Government grader in regard to the classification or grading of such carcass shall, subject to the provisions of sub-regulation (2), be entitled to appeal to the Chief Animal Husbandry Officer of the Department of Agriculture against such decision. (2) No appeal shall lie in terms of this regulation unless such person (hereinafter referred to as the appellant)(a) notifies the Government grader on the same day as the decision in regard to the classification or grading of the carcass is given and before the carcass is removed from the place of grading, of this intention to appeal; (b) within seventy-two hours of notifying the Government grader of his intention to appeal, lodges with the Permanent Secretary a notice of appeal and a deposit in the sum of three hundred fee units. (3) An appeal lodged in terms of this regulation shall be decided by the Chief Animal Husbandry Officer of the Department of Agriculture or by a person with a special knowledge of meat grading nominated by him, and the decision of such officer or person shall be communicated to the appellant within ten days of the date on which the appeal was lodged with the Permanent Secretary. (4) If an appeal lodged in terms of this regulation-
Interference with markings on pig carcasses Returns to be furnished by Government graders
Appeals against decisions of Government graders
(a) is upheld, the sum of three hundred fee units deposited in respect thereof shall be refunded to the appellant; (b) is dismissed, the sum of three hundred fee units deposited in respect thereof, shall, unless the Chief Animal Husbandry Officer of the Department of Agriculture otherwise directs, be forfeited by the appellant and paid into the general revenues of the Republic in aid of the costs of the appeal. (As amended by G.N. No. 89 of 1964 and Act No. 13 of 1994) 10. Any person who slaughters a pig, the carcass of which is liable to be graded in terms of the Act, shall(a) institute a system of serial numbers; (b) clearly mark the pig carcass with the appropriate serial number before it is graded by a Government grader; (c) keep a record of the serial number marked on such pig carcass; (d) furnish a return to the Government grader showing, in respect of such pig carcass, the serial number marked thereon, the dead weight thereof and the name of the seller. (As amended by F.G.N. No. 140 of 1961) Serial numbers
FIRST SCHEDULE
(Regulation 4)
CLASSES AND GRADES OF PIG CARCASSES

1. A pig carcass which weighs-
(a) less than 30 kg shall be classified as an Underweight Pig; (b) not less than 30 kg and not more than 55.5 kg shall be classified as a Porker; (c) more than 55.5 kg but not more than 74.5 kg shall be classified as a Baconer; (d) more than 74.5 kg but not more than 95 kg shall be classified as a Heavy Hog; (e) over 95 kg shall be classified as a Manufacturing Pig. 2. An Underweight Pig carcass shall be graded as B Manufacturing. 3. Subject to the provisions of paragraph 4, a Porker shall be graded as follows: Grade 1-Carcass very well fleshed; side long; good depth of loin; shoulder, head and collar light; hams broad and well fleshed; back fat neither excessive nor deficient; fat reasonably white and firm; suitable fat covering over breast bone; fine bone with well sprung ribs; skin thin and smooth. Skin pigmentation may be present if it is so faint that it does not distract from the value of the carcass. Excellent all-round suitability for pork. Grade 2-Of good all-round suitability for pork but lacking Grade 1 standard as defined above. Grade 3-Below standard of Grade 1 or 2 on account of excessive fatness or under finish. 4. A Porker shall be Grade 3 or Manufacturing if(a) it has faulty conformation; (b) the carcass has a fishy flavour or other taint; (c) it was before slaughter(i) a male pig not castrated within twelve weeks of birth; (ii) a pig suffering from disease or injury rendering it unsuitable for the fresh pork trade. 5. A Baconer shall be graded as follows: Maximum Fat Measurements Mid Back Shoulder Rump Super Grade A. . 25 mm 40 mm 25 mm Grade A . . 30 mm 45 mm 30 mm Grade B . . 35 mm 55 mm 35 mm 6. A Heavy Hog shall be graded as follows: Minimum Fat Measurements Mid Back 15 mm 15 mm 15 mm
Grade A Grade B Grade C
Maximum Fat Measurements Mid Back Shoulder Rump . . 40 mm 60 mm 40 mm . . 45 mm 65 mm 45 mm . . 50 mm 70 mm 50 mm
Minimum Fat Measurements Mid Back 20 mm 20 mm 20 mm
METHOD OF DETERMINING PAYMENT GRADES

7. A Baconer which is(a) Super Grade A on the middle of the back and Super Grade A at one other point but is one or more grades below Grade A at the remaining point shall be graded as Super Grade A; (b) Grade A on the middle of the back and either Super Grade A or Grade A at one other point shall be graded as Grade A; (c) Super Grade A, Grade A or B on the basis of carcass measurement but which has a split-back that reduces the value of the carcass, may be down-graded one or more grades according to the extent to which the value of the carcass has, in the opinion of the grader, been reduced but it shall not be graded below Grade B: Provided that if the loss of value is less than the equivalent of one grade the weight for payment may be reduced to cover the loss. 8. A Baconer shall be graded as either B or Manufacturing if(a) in the opinion of the Government grader it is unsuitable for the making of bacon on account of(i) faulty conformation; (ii) softness or oilness; (b) it was before slaughter(i) a male pig which has not been castrated within twelve weeks of birth; (ii) a rig pig of which the carcass is unsuitable for the making of bacon; (iii) a sow; (iv) a gilt which has reached a stage of pregnancy which renders the carcass unsuitable for the making of bacon; (v) a pig suffering from disease or injury rendering the carcass unsuitable for the making of bacon; (c) the carcass has a fishy flavour or other taint. 9. For the purpose of determining the fat measurements of a Baconer or Heavy Hog(a) the measurements shall be taken with a standard pattern gauge approved by the Minister; (b) the mid back measurement shall be taken at the middle of the back where the fat is thinnest;
(c) the shoulder measurement shall be taken at the fattest part of the shoulder; (d) the rump measurement shall be taken at the middle of the rump muscle. 10. A Baconer or Heavy Hog shall be graded according to the highest grade applicable to its measurements. 11. A Heavy Hog which is(a) Grade A on the middle of the back and Grade A at one other point but is one or more grades below Grade B at the remaining point shall be graded as Grade A; (b) Grade B on the middle of the back and either Grade A or B at one other point shall be graded as Grade B; (c) Grade A, B or C on the basis of carcass measurement but which has a split-back that reduces the value of the carcass, may be down-graded one or more grades according to the extent to which the value of the carcass has in the opinion of the grader, been reduced but it shall not be graded below Grade C: Provided that if the loss of value is less than the equivalent of one grade the weight for payment may be reduced to cover the loss. 12. A Heavy Hog shall be graded as either C or Manufacturing if(a) in the opinion of the Government grader it is unsuitable for processing on account of softness or oiliness; (b) it was before slaughter(i) a male pig which has not been castrated within twelve weeks of birth; (ii) a rig pig of which the carcass is unsuitable for processing; (iii) a gilt which has reached a stage of pregnancy which renders the carcass unsuitable for processing; (iv) a sow; (v) a pig suffering from disease or injury rendering the carcass unsuitable for processing; (c) the carcass has a fishy flavour or other taint. 13. A Manufacturing Pig shall be graded as either A, B or Inferior on the Government grader's assessment of the general appearance and quality of the carcass. 14. Any reference in this Schedule to the weight of a pig carcass shall be construed as a reference to the cold dressed weight of that carcass. (As amended by S.I. No. 47 of 1975)
SECOND SCHEDULE
(Regulation 4)
ROLLER-MARKINGS FOR PIG CARCASSES

Class and Grade Underweight Pig: Grade B Manufacturing .. Porker: Grade 1 . . .. .. .. Grade 2 . . .. .. .. Grade 3 . . .. .. .. Baconer: Super Grade A. . .. .. .. Grade A . . .. .. .. Grade B . . .. .. .. Manufacturing Pig: Grade A . . .. .. .. Grade B . . .. .. .. Inferior . . .. .. .. Heavy Hog: Grade A . . .. .. .. Grade B . . .. .. .. Grade C . . .. .. .. (As amended by S.I. No. 47 of 1975) Roller-mark .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 1 2 3 AA A B AMFR BMFR Inferior HA HB HC B Manufacturing
THIRD SCHEDULE
(Regulation 8)
PIG CARCASS GRADING RETURN

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

slaughter ........................................................................................................................................... , 19
Date
of
........................................................................................................................
Lot No. .................................................................................................................................................... Cold Dressed Weight Back Fat Grades Class Rump Mid Back
Factory
Factory Serial No.
Ear No.
Shoulder
Paymen Grade
Total Deductions
Abbreviations: "Class Column", B = Baconer U/P = Underweight Pig H = Heavy Hogg P = Porker MFR = Manufacturing Date..................................................................., 19............ Signature of Government Grader ..................................................... (This signature confirms particulars relating only to grading) (As amended by S.I. No. 92 of 1975)
SECTION 19-THE PIG INDUSTRY (POWERS OF INSPECTORS) REGULATIONS Regulations by the Minister
Federal Government Notice 140 of 1960 Government Notice89 of1964 Title
1. These Regulations may be cited as the Pig Industry (Powers of Inspectors) Regualtions. 2. (a) (b) (c) An inspector may inspectany slaughter-house or bacon factory; any premises where pig carcasses or pig products are sold; any boarding-house, hospital, hotel, restaurant or school hostel;
Inspection of premises
for the purpose of ascertaining whether any pig carcass on pig product therein has been graded and roller-marked in accordance with the Pig Industry (Grading) Regulations. (As amended by G.N. No. 89 of 1964) 3. (1) An inspector may demand the production ofProduction of documents
(a)
any bacon factory licence;
(b) any book, register or account relating to the slaughter of pigs and the sale of pig carcasses and pig products. (2) An inspector may seize any licence, book, register or account referred to in sub-regulation (1). 4. When exercising any powers conferred by these Regulations, an inspector shall, if so required, produce a written authority from the Minister to exercise such powers. CHAPTER 252 Written authority
THE STOCK DISEASES ACT

Section 1. 2. 3. 4. 5. Short title Interpretation Notice of disease or suspected disease to be given Power to quarantine stock, etc. Power to order seizure of stock, etc.
6. Power of authorised officer when any person fails or refuses to comply with an order 7. 8. 9. 10. 11. 12. 13. 14. 15. Offence Power of entry Power to order collection of stock Person in control of stock in transit Records to be kept by carriers Indemnity Compensation Penalty Regulations
8 of 1961 Act No. 13 of 1994 Government Notices 319 of 1964 497 of 1964
CHAPTER 252 STOCK DISEASES An Act to provide for the prevention and control of stock diseases; to regulate the importation and movement of stock and specified articles; to provide for the quarantine of stock in certain circumstances; and to provide for matters incidental to the foregoing. [27th December, 1963]
1. This Act may be cited as the Stock Diseases Act. 2. In this Act, unless the context otherwise requires"article" includes gear, harness, seeds, grass, forage, hay, straw, manure
Short title Interpretation
or any other thing likely to act as a carrier of any disease; "authorised officer" means the Director and any Veterinary Officer; "carcass" means the carcass of any stock and includes part of a carcass, and the meat, bones, hide, skin, feathers, hooves, horns, offal or other part of any stock; "Director" means the Director of Veterinary Services and includes the Deputy Director of Veterinary Services; "disease" means foot and mouth disease, rabies, rinder-pest, lumpy skin disease, contagious epididymitis and vaginitis, sheep pox, swine fever, Newcastle disease, epidemic tremor, contagious bovine pleuro-pneumonia, anthrax, contagious abortion, quarter evil, tuberculosis, bovine vibriosis, swine erysipelas, glanders, streptothricosis, anaplasmosis, redwater, heartwater, East Coast fever, trypanosomiasis, epizootic lymphangitis, ulcerative lymphangitis, sarcoptic mange, psoroptic mange (scab) and any other disease of stock which the *Minister may, by statutory notice, specify; "owner", in relation to any stock, includes the person for the time being having the management, custody or control of such stock; "permit" means a permit issued under the provisions of this Act; "railway company" means Zambia Railways and any other railway operating in Zambia; "stock" includes cattle, horses, sheep, goats, mules, donkeys, pigs, animals of the antelope species in captivity, domestic fowls, turkeys, geese, ducks and any other domesticated or captive animal or bird which the Minister may, by statutory notice, declare; "Veterinary Officer" means a veterinary surgeon in the service of the Government and includes a Livestock Officer when instructed by the Director to exercise or perform any of the powers and duties of a Veterinary Officer. 3. (1) Every owner of stock affected or suspected of being affected with Notice of any disease shalldisease or
suspected disease to be given (a) as far as practicable keep that stock separate from stock not so affected; (b) as soon as is reasonably practicable give notice of the stock being so affected or suspected of being so affected to the nearest departmental officer, police officer or Administrative Officer. (2) Every person, other than a Veterinary Officer, so notified, shall forthwith notify the nearest Veterinary Officer. (3) For the purpose of this section, "departmental officer" means any person employed in the Department of Veterinary and Tsetse Control Services. (4) Any person who fails to comply with the provisions of subsection (1) shall be guilty of an offence. 4. Whenever at any place, whether within or outside Zambia, there Power to exists, or is suspected to exist, any disease which is likely to affect stock, quarantine the Minister or an authorised officer may make such order as he thinks stock, etc. fit for all or any of the following purposes: (a) for prohibiting or regulating the introduction of any stock, carcass, article or vehicle from such place into Zambia or any portion of Zambia; (b) for prohibiting or regulating the movement of stock, carcasses, articles or vehicles within or out of any part of Zambia named in the order; (c) for regulating the quarantine, isolation, disinfection or treatment of stock, carcasses, articles or vehicles in any part of Zambia named in the order; (d) for prohibiting or regulating the sale of stock, carcasses or articles in any part of Zambia named in the order. 5. WheneverPower to order seizure of stock,
(a) at any place within Zambia any stock, carcass, article or vehicle etc. is found affected or is suspected of being affected with any disease; or (b) any stock, carcass, article or vehicle has been introduced into any place in Zambia without such permit as may be required for such introduction, or having been introduced under a permit is moved or dealt with otherwise than in accordance with such permit; the Minister or an authorised officer may make such order as he thinks fit for all or any of the following purposes: (i) for directing that such stock, carcass, article or vehicle be seized and detained; (ii) for directing that such stock, carcass, article or vehicle be slaughtered or destroyed; (iii) for directing that such stock, carcass, article or vehicle be dealt with in such manner as is deemed necessary to prevent the spread of disease. 6. (1) Whenever any person fails or refuses to do anything which he is Power of required to do under an order made under the provisions of section four authorised or five, an authorised officer may do or cause such thing to be done. officer when any person fails or refuses to comply with an order (2) The cost of anything which an authorised officer has done or caused to be done under the provisions of subsection (1) shall be recoverable by the Minister from the person who failed or refused to comply with the order. 7. Any person who fails or refuses to do anything which he is required Offence to do, or does anything which he is prohibited from doing, under an order made under the provisions of section four or five shall be guilty of an offence. 8. (1) An authorised officer may enter on any land, farm or ranch or Power of entry into any stable, pen, sty or outbuilding or any kraal, enclosure or vehicle and may take with him such persons, animals and things as he may deem necessary for the purposes of inspecting or examining any stock, carcass, article or vehicle or doing or causing to be done or supervising and inspecting the doing of anything which is required to be done under
this Act or under any order made under the provisions of this Act. (2) Any person who prevents an authorised officer from entering on any land, farm or ranch or into any sty or outbuilding or any kraal, enclosure or vehicle or who impedes or obstructs an authorised officer in doing anything which he is empowered to do under the provisions of subsection (1) shall be guilty of an offence. 9. (1) An authorised officer may instruct the owner of any stock to assemble the stock or any part thereof at any specified place for the purposes of inspection or inoculation, or for any purpose authorised under the provisions of this Act or under any order made under the provisions of this Act. (2) Any instruction issued in accordance with the provisions of subsection (1) to the headman of a village shall be deemed to be an instruction to every owner of stock in such village: Provided that such notice is issued in writing and in such language or dialect as is commonly spoken by or understood among the majority of the inhabitants of such village. (3) The headman of a village to whom an instruction is issued in accordance with the provisions of subsection (2) shall forthwith take all reasonable steps to communicate the contents of the instruction to every owner of stock in such village. (4) Any person who(a) fails to comply with any reasonable instruction given under subsection (1) or (2); (b) fails to communicate the contents of an instruction in accordance with the provisions of subsection (3); shall be guilty of an offence. (5) Proceedings in respect of an offence under this section shall not be taken without the written consent of the Director. Power to order collection of stock
10. (1) Stock in transit by train within or through Zambia shall be under Person in the control of such person as the railway company conveying the stock control of stock shall appoint, and, in default of such appointment, the guard of the train in transit conveying such stock shall be deemed to be the person in control of the stock. (2) Stock in transit within or through Zambia by any road vehicle shall be under the control of such person as the transporter shall appoint, and, in default of such appointment, shall be deemed to be under the control of the driver of the vehicle. 11. A railway company carrying any stock by rail or the owner of any Records to be vehicle which at any time carries stock for hire or reward shall maintain kept by carriers a record of all such stock carried showing the dates on which such stock was carried, the type and numbers of stock and the names and addresses of consignors and consignees and shall, during a period of six months after the date of carriage, make such record available on request to an authorised officer. 12. (1) No action shall be brought against any authorised officer in respect of any act done by him in good faith in the execution or supposed execution of the powers vested in him under this Act, or in respect of any act done by him in good faith in carrying out or purporting to carry out the terms of an order made under this Act. (2) No action shall be brought against any person who is not an authorised officer in respect of any act done in good faith and without negligence by such person in compliance with the provisions of this Act or any direction or order given or made under this Act. 13. Where any stock is slaughtered under the provisions of this Act or Compensation any order made thereunder, the owner shall, unless the Minister gives in writing to the owner his reasons for refusing, be paid compensation from such funds as may be appropriated by Parliament for this purpose for such stock, if he proves to the satisfaction of the Minister that the stock was not suffering from disease at the time of its slaughter. (As amended by G.N. No. 319 of 1964) Indemnity
14. Any person guilty of an offence under the provisions of this Act or Penalty any regulation or order made thereunder shall be liable to a fine not exceeding three thousand penalty units or to imprisonment for a period not exceeding six months, or to both. (As amended by Act No. 13 of 1994) 15. (1) For the purpose of carrying out the provisions of this Act, the Regulations Minister may, by statutory instrument, make regulations concerning any of the following matters: (a) regulating or prohibiting the introduction into Zambia of any stock, carcass, article or vehicle; (b) regulating or prohibiting the movement of any stock, carcass, article or vehicle within any portion of Zambia or providing for the compulsory branding of any stock; (c) providing for the compulsory disinfection, whether by inoculation, dipping or otherwise, of any stock, carcass, article or vehicle, within any portion of Zambia; (d) providing for the disinfection of any place or building suspected of being infected with any disease within any portion of Zambia; (e) prescribing the circumstances under which stock, whether such stock is suspected of being affected with disease or not, may or shall, as the case may be, be destroyed and the manner in which and by whom such destruction shall, or may, be carried out and the manner in which carcasses shall be disposed of; (f) regulating or prohibiting the importation into or manufacture or distribution within Zambia of any virus, vaccine, serum or analogous product used for the diagnosis or treatment of stock diseases of animals, or of any animal semen; (g) generally for the prevention and control of disease;
(h) prescribing the fees to be paid for anything done or to be done under this Act.
(2) Any such regulations may provide that any person who contravenes or fails to comply with such regulations shall be guilty of an offence against this Act, and may further provide that, unless some other penalty is in such regulations specifically provided therefor, such person shall be liable to a fine not exceeding three thousand penalty units or to imprisonment for a period not exceeding six months, or to both. (As amended by G.N. No. 319 of 1964 and Act No. 13 of 1994)
STOCK DISEASES SECTION 15-THE STOCK DISEASES REGULATIONS Regulations by the Minister
CAP. 252 Government Notices 443 of 1963 497 of 1964 Act 13 of 1994
1. These Regulations may be cited as the Stock Diseases Regulations. Title 2. In these Regulations, unless the context otherwise requires"hide" means the untanned skin of any stock; "quarantine station" means a quarantine station set forth in the Second Schedule; "veterinary district" means one of the districts, set out in the First Schedule, into which Zambia is divided for the purposes of these Regulations. 3. (1) For the purposes of these Regulations, Zambia shall be divided into the veterinary districts described in the First Schedule. (2) No stock shall be moved into or out of a veterinary district without a permit issued by a Veterinary Officer or other person authorised by the Veterinary districts Interpretation
Director. (3) Any person who contravenes or fails to comply with the provisions of sub-regulation (2) shall be guilty of an offence. 4. (1) The areas described in the Second Schedule shall be quarantine stations into or out of which no stock shall be moved without a permit issued by an authorised officer. (2) If any person moves into or out of any quarantine station any stock without a permit issued by an authorised officer, he shall be guilty of an offence. 5. (1) No person shall introduce or cause to be introduced into Zambia any stock, carcass, article or other matter specified in the Third Schedule without a permit issued by the Director or an officer authorised by the Director. Such permit may be refused at the discretion of the Director without any reason being assigned. (2) No person shall introduce or cause to be introduced into Zambia any article specified in the Fourth Schedule without a certificate from a Veterinary Officer of the country from which the article originates, stating that there has been no case of East Coast fever in the district of origin during the two years immediately preceding the issue of such certificate and no foot and mouth disease nor African swine fever in the district of origin during the six months immediately preceding the issue of such certificate and that, in his opinion, the movement of the article is free from risk of spreading any disease. (3) No person shall introduce or cause to be introduced into Zambia any article specified in the Fifth Schedule without a certificate from a Veterinary Officer of the country from which the article originates, stating that there has been no foot and mouth disease nor African swine fever in the district of origin during the six months immediately preceding the issue of such certificate. (4) Any person who contravenes or fails to comply with any of the provisions of this regulation shall be guilty of an offence. Importation of stock and specified articles Quarantine stations
6. When it is stipulated in any permit that any stock shall be held in quarantine in any Government quarantine station the following provisions shall apply: (a) the owner, if required, must provide, if requested to do so by an authorised officer, for each animal upon its arrival at the quarantine station, a strong head collar provided with a ring to which can be fastened a rope, riem or chain for the purpose of tying up the animal, and all bulls over twelve months of age must be ringed; (b) the owner may, if he so wishes, send an employee or employees to look after his stock during the time it is in quarantine. Such employee or employees shall be under the orders of the officer in charge of the quarantine station and shall comply with all instructions given to him or them and shall leave the quarantine station at the request of the said officer; (c) if, in the opinion of a Veterinary Officer, any stock at any time during its period of quarantine shows symptoms of a disease, the Veterinary Officer may, subject to the approval of the Director, order its destruction and that of any animal with which it has been in contact; (d) fees in respect of stock held at a Government quarantine station or removed to or from such station in quarantine shall be payable as prescribed in the Sixth Schedule.
Conditions of quarantine
Disposal of 7. (1) The owner of the carcass of any stock which has died, or may reasonably be suspected of having died, of any disease shall take all carcasses reasonable steps to ensure that no person other than a Veterinary Officer or person authorised by a Veterinary Officer in the course of his official duties or a veterinary surgeon in the course of his professional duties shall mutilate such carcass in any way: Provided that it shall be lawful for the owner of such carcass to take a blood or lymph gland smear and to incise an ear vein or puncture a superficial lymph gland, as the case may be, for this purpose. (2) The owner of any carcass to which sub-regulation (1) applies shall, unless otherwise directed by a Veterinary Officer, forthwith dispose of the said carcass by burial at a depth of not less than six feet. (3) For the purposes of this regulation, "owner" shall include any person or persons in control of a carcass.
(4) Any person who contravenes or fails to comply with the provisions of sub-regulation (1) or (2) shall be guilty of an offence. 8. (1) The Director, or any other officer authorised by the Director, may Inoculation and order that stock which at the date of such order is within or shall branding subsequently within a period of time specified in such order enter any part of Zambia shall be forthwith inoculated or branded or both inoculated and branded. (2) Every order issued under sub-regulation (1) shall(a) if it affects stock in any area within the jurisdiction of a rural council, be in writing and signed by the issuing officer and shall be delivered to the rural council of the area concerned, and such delivery shall be deemed to be sufficient notice of such order to all owners and persons in control of stock which is within the said area; and (b) if it affects stock in any other area of Zambia, be made by notice in writing delivered to the owner or any person in charge of the stock. (3) Such inoculation or branding or both inoculation and branding shall be carried out in accordance with the directions contained in such order or as may be given by a Veterinary Officer. (4) In pursuance of any order made under this regulation, a Veterinary Officer may inoculate or cause to be inoculated and may brand or cause to be branded any stock. (5) If a Veterinary Officer is of opinion that any inoculation or branding has not been carried out in a satisfactory manner, he may require either or both operations to be repeated until he is satisfied therewith. (6) If the owner of any stock to which an order made under the provisions of sub-regulation (1) relates, fails to inoculate or brand or both inoculate and brand in accordance with the provisions of this regulation, he shall be guilty of an offence. 9. (1) Any permit relating to the movement of any stock, carcass or Movement
article and issued pursuant to the provisions of the Act or any regulation permits or order made thereunder shall be in writing and signed by the issuing officer and shall contain(a) the name of the person to whom such permit is issued;
(b) the number and description of the stock, carcass or article which may be moved by virtue of such permit; (c) (d) the dates between which such permit shall be valid; and the areas between which such movement may take place.
(2) Any permit issued pursuant to the provisions of the Act or any regulation or order made thereunder may be issued subject to such conditions as to quarantine, isolation, disinfection, detention, route to be followed, control of stock or other like matter as the issuing officer in his discretion may specify therein. (3) The person in control of any stock, carcass or article being moved under the authority of any permit to which this regulation refers shall have such permit in his possession and shall produce the said permit to any of the following persons on request by such person: (a) (b) (c) (d) (e) any Veterinary Officer; any Livestock Officer; any Assistant District Secretary; any police officer; any person authorised by the Director thereto; or
(f) the owner or occupier of any farm over which movement of the said stock, carcass or article is taking place. (4) Any person empowered to issue a permit to which this regulation refers and any Assistant District Secretary may cancel, vary or amend
such permit by endorsement thereon or by notice in writing to the grantee thereof. (5) If any person contravenes, or fails to comply with any condition specified in a permit or with the provisions of sub-regulation (3), he shall be guilty of an offence. 10. (1) No person shall manufacture or sell or expose for sale in Zambia any virus, vaccine, serum or analogous product used for the diagnosis or treatment of diseases of animals, except under a permit in writing issued by the Director. (2) A permit to manufacture or sell or expose for sale any of the substances mentioned in sub-regulation (1) shall be subject to such conditions as the Director may endorse on the permit. (3) Any person who contravenes or fails to comply with(a) the provisions of sub-regulation (1); or Manufacture and import of virus and vaccine
(b) any condition endorsed on a permit in accordance with sub-regulation (2); shall be guilty of an offence.
FIRST SCHEDULE
(Regulation 3 (1))
LUSAKA VETERINARY DISTRICT

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

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

The Mumbwa District.
FEIRA VETERINARY DISTRICT

The Feira District.
MKUSHI VETERINARY DISTRICT

The Serenje and Mkushi Districts.
KASEMPA VETERINARY DISTRICT

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

The Zambezi District.
LUAPULA VETERINARY DISTRICT

The Luapula Province. Luapula Province
NDOLA VETERINARY DISTRICT
The Copperbelt Province.
Copperbelt Province
MBALA VETERINARY DISTRICT

The Mbala and Isoka Districts. Northern Province
KASAMA VETERINARY DISTRICT

The Kasama, Chinsali, Mporokoso, Luwingu and Mpika Districts.
LUNDAZI VETERINARY DISTRICT

The Lundazi District. Eastern Province
CHIPATA VETERINARY DISTRICT

The Chipata District.
PETAUKE VETERINARY DISTRICT

The Petauke District.
NAMWALA VETERINARY DISTRICT

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

The Mazabuka District.
CHOMA VETERINARY DISTRICT

The Choma District.
GWEMBE VETERINARY DISTRICT

The Gwembe District.
KALOMO VETERINARY DISTRICT

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

Starting at the point where the Kalomo River enters the Zambezi River, at the south-eastern corner of the Baleya Reserve, No. XXV, the boundary runs northwards and westwards along the eastern and northern boundaries of the said reserve to the point where its northern boundary is intersected by the Zimba Stream; thence up the Zimba Stream to where it intersects the south-western boundary of Farm No. 824; thence north-westwards along that boundary to the Zambia Railways 91.44 metres Strip Reserve; thence in a straight line across the said strip reserve to its western boundary; thence northwards along the western boundary of the strip reserve to the south-western corner beacon of Farm No. 833; thence northwards along the western boundaries of Farms Nos. 833 and 823 to the north-western corner beacon of the latter farm; thence in a straight line northwards to triangulation beacon 32/N.R.P.; thence continuing northwards in a straight line to triangulation beacon 226/N.R.P.; thence in a straight line north-westwards to triangulation beacon 227/N.R.P. on Ndundumwense Hill on the southern boundary of the Kafue National Park; thence in a
westerly and northerly direction along the southern boundary of the Kafue National Park to the source of the Machili River on the said boundary thence southwards down the Machili River to where it intersects the northern boundary of Farm No. 946; thence eastwards, southwards and westwards along the northern, eastern and southern boundaries of Farm No. 946 to the point where the southern boundary intersects the Machili River; thence southwards down the Machili River to its intersection with the Kasaya River; thence down the Kasaya River to its intersection with the Zambezi River; thence down the Zambezi River to its intersection with the Kalomo River, the point of starting.
SESHEKE VETERINARY DISTRICT
Western Province
The Sesheke District.
SENANGA VETERINARY DISTRICT

The Senanga District.
KALABO VETERINARY DISTRICT

The Kalabo District.
MONGU VETERINARY DISTRICT

The Mongu-Lealui District.
KAOMA VETERINARY DISTRICT

The Kaoma District.
SECOND SCHEDULE
(Regulation 4)
KAZUNGULA QUARANTINE STATION

An area approximately 2,000 acres in extent bounded by a fence starting from the Zambezi River bank at a point 2.4 kilometres east of the Livestock Officer's house, and running north for 0.8 kilometres; thence north-west for 7.2 kilometres; thence south-west to the Zambezi River
and by the Zambezi thence to the point of starting. Chief Sikute's area of 0.8 kilometres of river frontage with a depth of 411.48 metres at the downstream end and of 45.72 metres at the upstream end, reached by a 1219.2 centimetres wide access strip from the fence on the north lies within, but is excluded from, the quarantine area. The area is shown on a plan deposited in the office of the Surveyor-General and numbered T.338.
NDOLA PADDOCK QUARANTINE STATION

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

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

Starting at Beacon W131, the easternmost corner beacon of Subdivision A of Farm No. 554, the boundary proceeds north-westwards along the eastern boundary of this subdivision and the eastern boundaries of Farms Nos. 1342 and 1343 (Remaining Extent) through Beacons W153 and L568 to Beacon L575, the north-eastern corner beacon of the latter farm; thence continuing in the same straight line along the boundary of Trust Land No. I to the right bank of the Kafue River; thence down the right bank of this river to the northern boundary of Farm No. 117a; thence westwards and southwards along the northern boundaries of this farm and Farm No. 116a and the western boundaries of Farms Nos. 116a, 115a (Remaining Extent), Subdivision F of Farm No. 115a and Subdivision B of Farm No. 115a through Beacons H, Ex and W2 to Beacon B on the northern boundary of Farm No. 114a; thence westwards and southwards along the northern and western boundaries of this farm through Beacon N to the point of intersection of the latter boundary with the production eastwards of the northern boundary of Farm No. 2837; thence westwards and southwards along this line and the northern and western boundaries of Farm No. 2837 through Beacons SU49, SU48 and SU47 to Beacon SU52 on the boundary of Mazabuka Township; thence following the boundaries of this township through Beacons BR254, BR255 and BR256 to the northern boundary of Lot No. 378/M "Mazabuka Landing Ground"; thence north-westwards, southwards and south-eastwards along the boundaries of this lot to the point nearest to and opposite Beacon BR258; thence to Beacon BR258; thence in a series of straight lines around Namuambwe Hill as follows: on a true bearing of 160 degrees for approximately 11,582.4 centimetres; on a true bearing of 215 degrees 30 minutes for approximately 9448.8 centimetres; on a true bearing of 268 degrees 30 minutes for approximately 23,164.8 centimetres; on a true bearing of 352 degrees for approximately 6400.8 centimetres; thence south-westwards to Beacon BR260 on the boundary of Mazabuka Township; thence north-westwards to Beacon SU94, the north-eastern corner beacon of Farm No. 2311; thence westwards and southwards along the boundaries of this farm through Beacon SU93 to Beacon SU92 on the northern boundary of the Great North Road 6096 centimetres Reserve; thence south-westwards along this boundary to the northern boundary of the Zambia Railways 9144 metres Strip Reserve near Beacon O1001; thence westwards along this boundary to Beacon W131, the point of starting.
THIRD SCHEDULE
(Regulation 5 (1)) 1. All stock. 2. The edible portions and organs of any stock whether fresh, chilled, frozen, salted or dried, but excluding cooked, canned or bottled products. 3. The hides, skins and manure of any stock. 4. Bones and bone-meal. 5. Meat meal, blood meal and carcass meal. 6. Unprocessed poultry feathers. 7. Any poultry crate or incubator which has been used. 8. Vaccines, toxins, sera or analogous biological products used for the diagnosis or treatment of stock diseases. 9. Animal semen.
FOURTH SCHEDULE
(Regulation 5 (2)) The following when used or intended to be used for feeding or bedding livestock: 1. Fodder or forage. 2. Hay. 3. Grass. 4. Straw of any variety.
FIFTH SCHEDULE
(Regulation 5 (3)) Grain other than wheat or wheat offals.
SIXTH SCHEDULE
(Regulation 6 (d))
QUARANTINE FEES
Fee units Stall fed stock, per head, per day . . .. .. .. 25n Veld fed stock at Research Station, Mazabuka, per head, per day . . .. .. .. .. .. . . 2n Cattle, veld fed, at Kazungula, per head, per month or portion of a month .. .. .. .. .. .. .. 25n Herding and driving fee for cattle from Kazungula to Livingstone, per head . . .. .. .. .. . . 10n Horses, per head, per day .. .. .. .. .. 25n Other stock or removal in quarantine, per head, per day . . .. 25n or such lesser fee as in the opinion of the officer in charge of the quarantine station shall cover the cost to the Government of such quarantine or removal in quarantine.
SECTION 15-THE TRYPANOSOMIASIS REGULATIONS Regulations by the Minister 1. These Regulations may be cited as the Trypanosomiasis Regulations.
Government Notice 444 of 1963 Title
2. For the purposes of these Regulations, unless the context otherwise Interpretation requires"specified area" means an area declared by the Minister to be a specified area in terms of regulation 3; "stock" means cattle, horses, donkeys, mules, sheep, goats and pigs. 3. The Minister may, by statutory notice, declare any area to be a specified area for the purposes of these Regulations. Declaration of specified areas
4. (1) No person shall move or cause to be moved any stock into, out of Movement to be
or through any specified area without a permit issued by a Veterinary Officer or person authorised by a Veterinary Officer. (2) No person shall, by his own act or neglect, allow any stock to stray or be otherwise removed, except as provided in these Regulations into, out of or through any specified area. 5. Any person who contravenes any of the provisions of regulation 4 shall be guilty of an offence. 6. (1) A Veterinary Officer may cause any stock in any specified area forthwith to be inoculated or branded with a distinctive brand or both inoculated and branded. (2) For the purpose of such inoculation, a Veterinary Officer may cause to be seized any stock which, in contravention of any instruction issued under the provisions of section nine of the Act, has not been assembled in accordance with such instructions.
under permit
Offence
Inoculation and branding
7. A Veterinary Officer may cause to be seized and detained, removed Disposal of stock or destroyed any stock found being moved in contravention of these Regulations or found straying within, into or out of any specified area. wrongfully moved or straying 8. The provisions of the Stock Diseases Regulations are hereby suspended in any specified area in so far as they are in conflict with these Regulations. REGULATION 3-SPECIFIED AREAS UNDER THE TRYPANOSOMIASIS REGULATIONS Notice by the Minister The areas described in the Schedule are hereby declared to be specified areas.
SCHEDULE
Suspension of Stock Diseases Regulations Government Notice 33 of 1964
1. That portion of the Mumbwa District west of the Mwembeshi River, and the Sala Reserve, No. XVIII. 2. The Soli Shamifwe Reserve, No. XVI. 3. The Soli Wa Manyika Reserve, No. XVII. 4. That portion of Trust Land which is bounded as follows: Starting at the source of the Nyangwena Stream in the Chainama Hills; thence westward along the line of the Chainama Hills to Kanakampuyu Hills; thence in a straight line north-westwards to the north-east corner Beacon T.411 of Farm No. 1350, Nimrod; thence in a southerly direction to the Chongwe River; thence downstream along the Chongwe River to its junction with the Nyangwena Stream; thence northwards along the course of the Nyangwena Stream to the point of starting. 5. That portion of the Luano-Lala Reserve, No. XIV, south and east of the Mwomboshi River. 6. That portion of Trust Land bounded as follows: Starting where the Mwapula Stream crosses the boundary of the Luano-Lala Reserve, No. XIV; thence upstream along the Mwapula Stream to where it crosses the boundary of the Soli Shamifwe Reserve, No. XVI; thence westward along the boundary of the Soli Shamifwe Reserve, No. XVI, to the Chainama Hills to Kanakampuyu Hills; thence in a straight line north-westwards to the north-east corner Beacon T.411 of Farm No. 1350, Nimrod; thence in a northerly direction along the boundary of Farms Nos. 2012u, 2009u, 2008u, and 699u, to the most southerly corner of Farm No. D.695 (Fig Trees); thence easterly along the boundary of the Luano-Lala Reserve, No. XIV, to the point of starting. 7. That portion of the Luano-Lala Reserve, No. XIV, lying north of the Mwomboshi River. 8. That portion of Trust Land bounded as follows: Starting at the point in the Chikonkomene Hills at the junction of the north-west boundary of the Luano-Lala Reserve, No. XIV, and the south-eastern corner of the Kabwe Urban District; thence eastwards along the northern boundary of the Luano-Lala Reserve, No. XIV, to the point where it meets the Mulungushi River; thence northwards along the Mulungushi River and along the west bank of the Mulungushi Dam and again northwards along the Mulungushi River to its junction with the Mkushi Road; thence following this road in a south-westerly direction for a distance of approximately 12.8 kilometres to a point where it crosses the eastern boundary of Forest Reserve No. 31: Kabwe; thence south-eastwards and south-westwards along the boundary of the said Forest Reserve to Beacon T.221, the south-eastern corner beacon of Farm No. 1019, Mayimba Extension; thence along the southern
boundary of that farm to Beacon T.219, its south-westerly corner beacon; thence westwards following the southern boundary of Forest Reserve No. 31: Kabwe, for a distance of approximately 3840.48 metres; thence in a southerly direction along the watershed between the Munyama and Mutenga streams to the point of starting in the Chikonkomene Hills. 9. North Choma Intensive Conservation Area. Mwomboshi Intensive Conservation Area. East Lusaka Intensive Conservation Area. North Lusaka Intensive Conservation Area. 10. Starting at a point on the Mashi River due south of Shangombo Village, the boundary proceeds northwards on a true bearing of 39 degrees for a distance of 16 kilometres; thence south-eastwards parallel to and at a distance of 16 kilometres from the Mashi River for a distance of 99.2 kilometres; thence south-westwards on a true bearing of 219 degrees to a point on the Mashi River; thence northwards along this river to the point of starting. 11. The Gwembe District. SECTION 15-THE EAST COAST FEVER REGULATIONS Regulations by the Minister 1. These Regulations may be cited as the East Coast Fever Regulations. Government Notice 445 of 1963 Title
2. For the purposes of these Regulations, unless the context otherwise Interpretation requires"hide" means the untanned skin of any cattle, sheep or goats; "place" means(a) in the case of a farm, the said farm;
(b) in the case of a grazing area leased or granted by Government, the said grazing area; (c) in all other cases, an area within a radius of 6.4 kilometres of the
cattle kraal in use by the stock; "specified area" means an area declared by the Minister to be a specified area in terms of regulation 3; "stock" means cattle, sheep and goats. 3. The Minister may, by statutory notice, declare any area to be a specified area for the purposes of these Regulations. Declaration of specified areas
4. (1) No person shall move or cause or allow to be moved into, out of, Movement of from any place within, or through any specified area any stock or any stock, etc., hide or grass or hay or straw, except under a permit issued by a prohibited Veterinary Officer or other person authorised by a Veterinary Officer. (2) No person shall, by his own act or neglect, allow stock to stray into, out of, from any place within, or through any specified area. 5. Any person who contravenes any of the provisions of regulation 4 shall be guilty of an offence. Offence
Powers of 6. (1) A Veterinary Officer may cause to be seized and detained, seizure and removed or destroyed any stock or any hide, hay or straw found being moved in contravention of these Regulations or any stock found straying destruction within, into or out of any specified area. (2) For the purposes of inspection or disinfection, a Veterinary Officer may cause to be seized any stock which, in contravention of any instruction issued under the provisions of section nine of the Act, has not been assembled in accordance with such instructions. 7. (1) A Veterinary Officer may cause any stock within any specified Disinfection area to be dipped or sprayed or otherwise disinfected and may destroy or and branding cause to be destroyed any stock suffering from or which he suspects to be suffering from East Coast fever. (2) A Veterinary Officer may brand or cause to be branded with a distinctive brand any stock within any specified area.
8. The provisions of the Stock Diseases Regulations are hereby suspended in any specified area in so far as they are in conflict with these Regulations. REGULATION 3-SPECIFIED AREAS UNDER THE EAST COAST FEVER REGULATIONS Notice by the Minister
Suspension of Stock Diseases Regulations Government Notices 32 of 1964 497 of 1964
The areas described in the Schedule are hereby declared to be specified areas.
SCHEDULE
1. The Isoka District. 2. The Lundazi District. 3. The Mbala District. 4. That portion of the Angoni Reserve in the area of Chief Mpezeni bounded by a line starting at the headwaters of the Lutembwe River and following that river to its intersection with the boundary of Farm No. 28; thence along the southern and eastern boundaries of Farms Nos. 28, 27, 34, 32 and 33 to the southernmost corner of Farm No. 33; thence south-east to Makwe Hill; thence due east to the point of intersection with the western boundary of Farm No. 73; thence along the western and north-western boundaries of Farms Nos. 73 and 50 to the Zambia-Malawi International Boundary; thence in a northerly direction along the Zambia-Malawi International Boundary to the point of starting. SECTION 15-THE BRANDING OF CATTLE (KASAMA DISTRICT) REGULATIONS Regulations by the Minister Statutory Instrument 128 of 1970
1. These Regulations may be cited as the Branding of Cattle (Kasama Title District) Regulations. 2. It is hereby provided that all cattle within the Kasama District of the Compulsory Northern Province shall be branded with the brand mark V.K. brand for cattle
in Kasama District SECTION 15-THE FOOT AND MOUTH DISEASE REGULATIONS Regulations by the Minister 1. These Regulations may be cited as the Foot and Mouth Disease Regulations. Government Notice 446 of 1963 Title
2. For the purposes of these Regulations, unless the context otherwise Interpretation requires"place" means(a) in the case of a farm, the said farm;
(b) in the case of a grazing area leased or granted by Government, the said grazing area; (c) in all other cases, an area within a radius of 6.4 kilometres of the cattle kraal used by the stock; "specified area" means an area declared by the Minister to be a specified area in terms of regulation 3; "stock" means those animals having cloven hooves which are included in the definition of stock in the Act. 3. The Minister may, by statutory notice, declare any area to be a specified area for the purposes of these Regulations. 4. (1) No person shall move or cause or allow to be moved into, out of, from any place within, or through any specified area any stock or any carcass or article specified in the Schedule, except under a permit issued by a Veterinary Officer. (2) No person shall, by his own act or neglect, allow any stock to stray into, out of, from any place within, or through any specified area. Declaration of specified areas Movement of stock and animal products prohibited
5. Any person who contravenes any of the provisions of regulation 4 shall be guilty of an offence. 6. A Veterinary Officer may cause to be seized and detained, removed or destroyed any stock or any carcass or article specified in the Schedule found being moved in contravention of these Regulations, or any stock found straying within, into, or out of any specified area.
Offence
Disposal of stock, etc., wrongfully moved or straying
7. (1) A Veterinary Officer may cause to be inoculated or branded with Inoculation and a distinctive brand or both inoculated and branded any stock in any branding specified area. (2) For the purpose of such inoculation, a Veterinary Officer may cause to be seized any stock which, in contravention of any instruction issued under the provisions of section nine of the Act, has not been assembled in accordance with such instruction. 8. A Veterinary Officer may, within or at any point on the boundary of any specified area, cause any vehicle to be stopped and examined for the presence of any stock or any carcass or article specified in the Schedule and may cause any vehicle so stopped to be disinfected forthwith. Disinfection and examination of vehicles
9. A Veterinary Officer may cause any building, cattle kraal, enclosure Disinfection of or other structure within a specified area to be disinfected in such premises, etc. manner as seems to him necessary for the prevention of the spread of foot and mouth disease and may, by written order attached thereto, prohibit the introduction into any building, kraal, enclosure or other structure of any stock. 10. The provisions of the Stock Diseases Regulations are hereby suspended in any specified area in so far as they are in conflict with these Regulations. Suspension of Stock Diseases Regulations
SCHEDULE
(Regulations 4, 6 and 8)
Any carcass, but excluding any cooked or processed part thereof. Milk or any product thereof taken from stock within the specified area. Forage, grass, hay or straw. Manure.
SECTION 15-THE STOCK DISEASES (VETERINARY FEES) REGULATIONS
Statutory Instrument 121 of 1993 Act No. 13 of 1994 Title
1. These Regulations may be cited as the Stock Diseases (Veterinary Fees) Regulations. 2. Registered Veterinary Surgeons and those authorised by the Director shall charge the fees set out in the Schedule to these Regulations for Veterinary services rendered by them.
Fees for Veterinary Services
SCHEDULE
(Paragraph 2) Fee units Consultations (verbal discussions only) 20 Night and weekend calls at the farm: -first hour 60 -for each subsequent hour or part thereof -charge/kilometre (if transport not provided)
40 2
LARGE ANIMALS-ANTIBIOTIC TREATMENT First treatment (consultation and treatment fee) 100 Follow up treatment 40 LARGE ANIMALS-SURGICAL PROCEDURES Large animals caesarian section 200 Calving case 120 Rasp teeth in horses 36 Castration in horses 160 Castration in cattle 8 Repair of fractures in horses 20
LARGE ANIMALS- VACCINATION Anthrax (per dose) 4 Black quarter (per dose) 2 Brucellosis (per dose) 4 HS (per dose) 2 Tetanus (per dose) price of vaccine/dose Vibro (per dose) price of vaccine/dose Bouivac (per dose) price of vaccine/dose Hertavac (per dose) price of vaccine/dose African Horse Sickness (per dose) price of vaccine/dose Botulism (per dose) price of vaccine/dose Samorin (per dose) 2 Berenil (per dose) 3 SMALL ANIMALS-ANTIBIOTIC TREATMENT First treatment (consultation and treatment fee) 24 Follow up treatment 18 SMALL ANIMALS-SURGICAL PROCEDURES Bitch spay 130 Cat spay 90 Dog castration 100 Cat castration 70 Bitch caesarian section 160 Cat caesarian section1 20 Bitch pyometra operation 140 Surgery for mammary and other neoplasms 110 (Exploratory) laparotomy Docking puppies tails 40 Removing dew claws 40 General Surgery: -first hour 90 -each subsequent hour 40 Suture wounds under local anaesthetic 40 Fee units X-ray examination 70 Repair of fractures (dogs and cats) Internal pinning 140 Eye extraction-dog 110 Eye extraction-cat 90 SMALL ANIMALS-VACCINATION DHL for dogs (per dose) 70 or price of vaccine/dose Parvo for dogs (per dose) 70
3,000.00
140
2,000.00
100
or price of vaccine/dose Feline panleukopenia in cats (per dose) 70 or price of vaccine/dose MISCELLANEOUS Pregnancy diagnosis/animal (with or without slaughter permit) 60 Cattle dipping (per animal) 1 Rabies vaccination (per dose) 4 Health certificate for export purposes: (a) Large ruminants (cattle, horses and similar) per ten animals 30 (b) Small ruminants (goats, sheep and similar) per ten animals 12 (c) Small animals (dogs, cats and similar) 20 (d) Poultry (per bird): -up to 5,000 birds 1 -5,000 to 10,000 birds 1 -above 10,000 birds 1 Sanitation of animals products: (a) Game trophies (per animal) 100 (b) Cattle products: -per 100 hide 20 -per 100 kg horns 10 Import permit 20 Stock movement permit (inter Provincial) 10 Stock movement permit (inter District) 4 Cattle stanning (per animal) 16 Medical and surgical manipulation in chicken (per chicken) 1 LABORATORY TESTS Large animals (postmortem) per animal Chicken (per sample of 5 chickens) 10 Serological testing (per sample) 12 Tissue/blood smears (per 10 smears) 20 (As amended by Act No. 13 of 1994) CHAPTER 253 THE PUBLIC POUNDS AND TRESPASS ACT
16
PART I PRELIMINARY
PART II ESTABLISHMENT AND CONTROL OF POUNDS 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. Establishment of pounds Management and control of pounds Appointment of poundmasters Duties of poundmasters Receipts to be given for animals impounded Separate enclosures of pound Segregation of infected sheep and goats Care of animals impounded Use of animals impounded an offence Death of animals impounded Destruction of impounded animals when diseased, etc. Disease occurring in a pound Records of disease
16. Impounding of animals when more than one pound situate in same District 17. 18. 19. 20. 21. 22. 23. 24. 25. Notice to owners of impounded animals Duties of poundmaster when impounded animals are branded Brand Directory and scale of fees, etc., to be exhibited Pound book and details to be entered therein Pound book to be open for inspection Copies of entries to be forwarded to District Secretary Offences by poundmaster Penalties for making false entries, etc. Pound book to be available for inspection at sales
PART III
TRESPASS Section 26. Trespass on private property 27. Destruction of dogs, pigs, poultry or pigeons found committing damage 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. 41. 42. 43. 44. 45. 46. 47. 48. 49. 50. 51. 52. 53. 54. Tender by owner of amount of damage Wrongful use or conversion of animals trespassing, etc. Food and water to be supplied to animals confined Duties of landowners in connection with stray animals Rescue of animals Payment of mileage in respect of animals impounded Payment of trespass money in respect of cultivated land Payment of trespass money in respect of uncultivated land Double damages for repeated trespass Release of animals impounded Assessment of damages if otherwise inadequate Award by assessors Copy of award to complainant Trespass by infected sheep or goats Infection of one animal to be deemed infection of whole flock Claim for damages in respect of infected sheep or goats Reference of question as to infection to assessors Trespass by stallions, etc. Saving as to young stallions, etc. Reference to assessors Castration of impounded stallion Payment of fee for castration Postponement of castration Release of stallion without castration Trespass on outspans and State Land Impounding of animals so trespassing Trespass at dams or tanks
55.
Increased penalties for continued trespass as in section 54
PART IV POUND FEES Section 56. 57. 58. 59. 60. 61. 62. 63. 64. 65. 66. 67. 68. 69. 70. 71. 72. 73. 74. Fees receivable by poundmaster Sustenance fees Fees for animals separately herded Fees to be a charge on the animals Fee for attending sale Additional fee for unbranded horses and cattle Alteration of fees Validation of alteration of fees Altered fees to be gazetted Copies to be furnished to poundmasters Sale of impounded stock Notice of sale to be published in newspaper Posting of notice Arrangements for sales Poundmaster to act as auctioneer Animals to be impounded for at least three weeks before sale Manner of conducting sale Cash sale only and disposal of proceeds Consequences of illegal impounding
75. Rates at which fees payable when more than one pound is concerned PART V GENERAL 76. 77. 78. Penalty for molesting or scattering animals Saving as to other remedies for trespass Penalties
79. 80. 81. 82.
Impounding of animals alleged to have been stolen, etc. Application of Act Saving of rights of owner not within a declared area Other offences by poundmasters and others
83. Regulations in respect of other portions of Zambia not within a declared area Section FIRST SCHEDULE-Rate of mileage SECOND SCHEDULE-Trespass on cultivated land, etc. THIRD SCHEDULE-Trespass on uncultivated land FOURTH SCHEDULE-Pound fees FIFTH SCHEDULE-Sustenance fees SIXTH SCHEDULE-Fees for animals to be separately herded
CHAPTER 253
PUBLIC POUNDS AND TRESPASS
2 of 1920 36 of 1933 An Act to provide for the establishment, management and control of 47 of 1963 public pounds; to provide for the assessment of damages and trespass 57 of 1964 money in respect of animals found trespassing; to prescribe pound fees; Government and to provide for matters incidental to or connected with the foregoing. Notices 319 of 1964 [28th April, 1920] 497 of 1964 Statutory Instrument 29 of 1964 Act No. 13 of 1994 PART I PRELIMINARY
1. This Act may be cited as the Public Pounds and Trespass Act. 2. In this Act, unless the context otherwise requires"animal" includes cattle, horses, sheep, goats and pigs; "cattle" means any bull, cow, ox, steer, heifer or calf; "declared area" means any portion of Zambia to which the provisions of this Act have been declared to apply; "flock" means any number of sheep or goats, more than one, which are in one lot, or under the charge of one person; "goat" means any ram, ewe, wether or kid; "horse" means any horse, mare, gelding, colt, filly, ass or mule; "owner", in relation to land, includes a lessee or occupier and, in relation to any animal, an agent or caretaker; "pound" means a pound established under the provisions of this Act; "pound assessor" means any person appointed by a District Secretary as a pound assessor for his District; "sheep" means any ram, ewe, wether or lamb; "stallion" means any male horse, ass or mule not castrated; "sufficient fence", when applied to wire fences, means a fence of so many wires and of such construction as the District Secretary shall from time to time decide; in other cases, a wall fence or barrier at least one hundred and thirty-seven centimetres high and through which no animal could pass without breaking the same. (As amended by S.I. No. 29 of 1964)
PART II ESTABLISHMENT AND CONTROL OF POUNDS 3. The Minister may, by statutory notice, establish a pound at any place Establishment within a declared area and may similarly abolish any pound so of pounds established. (As amended by G.N. No. 319 of 1964) 4. The management and control of every pound shall be vested in the District Secretary of the District in which such pound is situate. Management and control of pounds Appointment of pound-masters
5.
The District Secretary may appoint-
(a) a poundmaster of any pound in his District subject to the terms of the contract entered into between the District Secretary and such poundmaster: Provided that(i) no person shall at the same time be poundmaster of more than one pound; and (ii) no person shall be appointed or continue as poundmaster who is a licensed dealer in intoxicating liquor; (b) as many pound assessors as may be requiste; and such District Secretary may dismiss any such poundmaster or pound assesor. 6. (1) It shall be the duty of every poundmaster to receive into his charge all animals tendered at his pound between sunrise and sunset by any owner, or by the caretaker for any owner, or by any person authorised in writing thereto by such owner or caretaker, in order to be impounded, as having been found trespassing upon the land of such owner. (2) Any poundmaster who refuses or neglects to receive animals
Duties of poundmasters
tendered as aforesaid shall be liable on each occasion to the penalty prescribed by section seventy-eight, and shall in addition be liable for any damage caused to the owner of the said animals, or to any other person by reason of such refusal or neglect. (3) In case any horses or cattle suffering from any contagious disease shall be sent to the pound, such horses or cattle shall be kept separate from all other impounded stock, and the poundmaster may, subject to the provisions of section thirteen, cause the same to be destroyed. 7. The poundmaster, or someone acting on his behalf, shall give to the person delivering animals into his charge a written receipt, setting forth the number and description of the animals so delivered, and specifying the trespass for which the said animals are reported to be impounded. 8. Every poundmaster shall maintain in good repair, and as far as possible free from all infection, not less than three separate and sufficient enclosures, that is to say, one for horses, one for cattle, and one for sheep, goats and pigs: Provided that the District Secretary may, in regard to any pound in his District, give permission to the poundmaster to maintain in manner aforesaid a lesser number of such enclosures. 9. (1) Every poundmaster shall, with regard to sheep or goats which are Segregation of infected with scab when received at his pound, or which become infected sheep infected during their detention, keep such sheep or goats entirely and goats separate, at all times, from other impounded animals not so infected, and shall dip or dress, with one of the recognised dips, every such infected sheep or goat as often as may be reasonably necessary. (2) The owner of every such infected sheep or goat shall be bound to pay to the poundmaster, in respect of such dipping or dressing, such sum as may be due under a tariff framed for that purpose by the District Secretary. 10. (1) Every poundmaster shall take proper care of any animal Care of animals impounded, and shall be responsible to the owner of any such animal for impounded any damage or injury sustained by reason of any neglect or default on Receipts to be given for animals impounded Separate enclosures of pound
the part of himself or any person acting for him or on his behalf. (2) In case any animal received into a pound shall prove to be dangerously vicious, the poundmaster shall apply to the District Secretary, who shall make such order thereon as he shall deem fit, and may order its destruction. 11. Any poundmaster who shall ride or otherwise work or use any impounded animal shall be liable for every such offence to the penalty prescribed by section seventy-eight. Use of animals impounded an offence
Death of 12. In case of the death or injury of any impounded animal, the poundmaster shall enter in his pound book a description of such animal, animals and the cause of its death or injury; and the absence of any such entry, or impounded its falsity in any material respect, shall be held to be prima facie proof of the fact that the death or injury in question was due to the default of the poundmaster. 13. Any poundmaster may destroy, subject to the exceptions hereinafter stated, any impounded animal suffering from a contagious disease, or likely to prove dangerous to human life, or destructive to other animals impounded: Provided that(i) the poundmaster shall completely and effectually isolate any diseased animal away from any road; (ii) no such animal shall be destroyed until a Government Veterinary Officer or a pound assessor or two disinterested landowners shall have examined it, and shall agree with the poundmaster as to the necessity for its destruction; (iii) the poundmaster shall summon the owner of such animal, if known, to attend the examination aforesaid, which summons may be by letter duly sent through the post; (iv) if the owner of the animal objects to its destruction, the poundmaster may release it. If such owner shall give an undertaking to destroy the animal the poundmaster shall release at the same time all other animals belonging to him which may have been impounded on the same occasion as the animal proposed to be destroyed; (v) A. every pound assessor or landowner attending for the purpose Destruction of impounded animals when diseased, etc.
of the inspection aforesaid, shall be paid by the poundmaster the sum of seventy-five ngwee, together with railway fare, or if and so far as no railway shall be available, horse-hire at eight ngwee per mile or bicycle hire at five ngwee per mile; B. the amount so paid may be recovered by the poundmaster from the owner of the animal if it be destroyed; C. if the animal be not destroyed or if the owner be unknown, or if it be impossible to recover from the owner the whole or any part of such amount, then the said amount, or the portion of it unrecovered, as the case may be, shall be paid to the poundmaster by the Government; (vi) nothing in this section shall apply to sheep or goats suffering merely from scab. 14. Any poundmaster who shall sell any cattle at a pound wherein any Disease contagious disease has occurred within six months of the date of such occuring in a sale shall, at the time of sale, first publicly declare at what date the last pound case of any contagious disease occurred in the pound. 15. Every poundmaster shall keep a book for the purpose of entering Records of disease therein a record of each case of contagious disease, showing the date when any animal was destroyed and stating whether on examination the poundmaster and the witness or witnesses pronounced the animal to be infected, and recording the marks by which such animal was to be distinguished; and such book shall be received in evidence if any question arises concerning the destruction of any animal under the provisions of this Act or compensation in respect thereof. 16. (1) No poundmaster who is in charge of a pound situated within a distance of nineteen kilometres from any other pound in the same District shall confine in his own pound any animals found trespassing upon property belonging to himself; but such animals shall be sent to such other pound which is within such distance of nineteen kilometres in the same District as may be nearest to his own pound by a practicable road or thoroughfare. (2) Any poundmaster sending such animals to another pound shall enter in his pound book the number and description of the animals sent. (3) For contravention of any of the provisions of this section a poundmaster shall be liable to the penalty prescribed by section Impounding of animals when more than one pound situate in same District
seventy-eight. 17. Every poundmaster who knows the name of the owner of any animals impounded in his pound shall forthwith send through the post, or otherwise, a written notice addressed to such owner at his place of residence informing him of the fact that the said animals have been impounded. 18. (1) Upon the establishment of a pound, the Registrar of Brands shall furnish the poundmaster thereof with a copy of the Brand Directory which shall have been last compiled under the provisions of section nine of the Brands Act and shall furnish such poundmaster with a copy of every Brand Directory thereafter compiled. Notice to owners of impounded animals
Duties of poundmaster when impounded animals are branded. Cap. 244
(2) The poundmaster of every pound wherein any animal bearing a brand shall be impounded shall without delay give notice, either verbally or by letter sent or duly posted, to the proprietor of such brand if found to be registered. (3) For every letter so sent the poundmaster shall be entitled to a fee of ten ngwee, plus postage (if any) paid thereon. 19. (1) Every poundmaster shall have and preserve at or near his pound Brand Directory a copy of this Act and of the last Brand Directory received by him, and and scale of the same shall at all reasonable times be open for reference to the public. fees, etc., to be exhibited (2) Every poundmaster shall erect and maintain at or near the pound a board upon which shall be printed, painted or written in legible characters the rates of fees and damages fixed by the First, Second, Third, Fourth, Fifth and Sixth Schedules, or such other rates as the District Secretary may authorise in their place. 20. (1) Every poundmaster shall keep a pound book, and the following Pound book and particulars shall be legibly entered by every poundmaster in his pound details to be book: entered therein
(a) the date when and the cause for which all animals received by him are impounded; (b) the number and description of such animals, including any brands or marks thereon; (c) the name and residence of the person impounding such animals and the name and residence of the owner or supposed owner; (d) the date and particulars of the release or sale of the animals, as the case may be; (e) any other matters which he may be directed by the District Secretary to ascertain and record, and the particulars of any notice sent to him in terms of section thirty-one. (2) The said entries shall be made at the time the acts recorded were done, or so soon thereafter as possible; but not after any dispute concerning them has arisen. (3) Generally, in regard to the forms in which entries in the pound book are to be made, the poundmaster shall follow such directions as he may receive from the District Secretary. 21. (1) Every pound book shall be kept at the residence of the poundmaster, and shall at all reasonable times be open for inspection, free of charge, by(a) (b) (c) the District Secretary; any person authorised by such District Secretary; any police officer of or above the rank of Assistant Inspector; Pound book to be open for inspection
(d) a Government Veterinary Officer and any officer appointed under any written law relating to diseases in animals; and shall be similarly open to every other person upon payment of a fee of five ngwee for each inspection.
(2) Every poundmaster shall grant extracts, signed by himself, from his pound book to any person demanding the same, upon payment of ten ngwee for every such extract not exceeding one hundred words and five ngwee for every subsequent hundred or part of one hundred words. (As amended by No. 47 of 1963) 22. (1) Every poundmaster shall, within a fortnight after the date of Copies of each pound sale, forward to the District Secretary a copy of all entries in entries to be his pound book made since the date of the preceding transmission. forwarded to District Secretary (2) The District Secretary shall preserve all such copies in his office for the inspection of any person desirous of seeing them. 23. Every poundmaster who shallOffences by poundmaster
(a) refuse to allow his pound book, Brand Directory or copy of this Act to be inspected by any person having a lawful right to inspect them; or (b) neglect in any respect to comply with the provisions of sections sixty-six to seventy-one inclusive; or (c) neglect or refuse to forward to the District Secretary the copies of entries referred to in the preceding section; shall be liable for each offence to the penalty prescribed by section seventy-eight. 24. (a) (b) Every poundmaster who shallknowingly make a false entry in his pound book; fraudulently destroy or erase any entry already made; or
Penalties for making false entries, etc.
(c) wilfully deliver to the District Secretary aforesaid a false copy or extract from his pound book; shall be liable to the penalty prescribed by section seventy-eight. 25. Every poundmaster shall take his pound book with him to every Pound book to sale of animals impounded in his pound, and such book shall be open, at be available for the place of sale, free of charge, to all persons desirous of inspecting it. inspection at sales
PART III TRESPASS 26. (1) Any owner upon whose land any animal is found trespassing may send such animal to that pound which is the nearest, by a practicable road or thoroughfare, to the land trespassed upon, and to no other pound: Provided that such land shall not be an unfenced stand within the limits of a town or village. (2) The Minister may, by statutory notice, define an area and specify the pound to which any animal trespassing in such area or in any part thereof shall be sent. (As amended by G.N. No. 319 of 1964) 27. (1) All pigs, poultry or pigeons found trespassing in or uponDestruction of dogs, pigs, poultry or pigeons found committing damage Trespass on private property
(a) any garden, including any market garden or kitchen garden or orchard; (b) any place upon which any species of cultivated crop is growing, or upon which such crop, having been gathered, is still lying; (c) any place containing grain;
may be destroyed by the owner or any person acting by his authority. (2) (a) Any dog found trespassing at any time in a fenced camp or enclosed place, in which there are game animals, may be destroyed.
(b) The owner of any dog, or any person having a dog in his possession or under his control, shall be liable to make good any damage done by such dog to any game or animals in any fenced camp or enclosed place. 28. (1) The owner of any animals liable to impoundment for trespass may, before the animals have been removed from the property trespassed upon, tender to the person complaining of the trespass a sum of money to cover the damage suffered by him, or the trespass money lawfully claimable under any section of this Act in connection with such trespass: such tender to be made to the complainant himself or his caretaker. (2) If such animals as aforesaid are in course of being conveyed to the pound, then their owner may tender a sum of money to cover the damage or trespass money aforesaid, and also the mileage to which the person complaining of the trespass would be entitled under this Act if the animals had actually been impounded: such tender may be made either to the complainant himself or to his servant or agent charged with the duty of conveying the animals to the pound. (3) If the said tender be refused, the person complaining of trespass shall pay the cost of all legal proceedings which the owner may thereafter institute in respect of the detention of the animals after the date of the tender, and shall be liable for all damages sustained by the owner by reason of such detention, unless the tender is found to be insufficient by a competent court, or unless in the opinion of such court the tender was refused by the complainant, or person in charge of the animals, in the bona fide belief that the person making the tender was not the owner or the duly authorised agent of the owner. 29. No person shallWrongful use or conversion of animals trespassing, etc. Tender by owner of amount of damage
(a) use or retain possession of or sell or otherwise dispose of any animal found astray; or (b) sell or dispose of any animal found trespassing upon his property; under the penalty prescribed by section seventy-eight: Provided that the recovery of any such penalty shall be no bar to any prosecution for theft, or to the recovery from such person of the value of
the animal and damage for its illegal detention or sale. 30. No person who has seized animals for the purpose of being impounded shall tie them up or cause them to be confined in any stable, kraal or other enclosure without food or water for a longer period than six hours during the day-time. 31. (1) No owner shall ride, work or use any animal found trespassing upon his land or detain such animal in any stable or enclosure for any space of time longer than twenty-four hours: Food and water to be supplied to animals confined Duties of landowners in connection with stray animals
Cap. 252 Provided that where a permit for the removal of any such animal to a pound is required under the provisions of the Stock Diseases Act or any regulations made thereunder, the owner of such land shall immediately take steps to obtain such permit and may retain the animal until the permit is received. (2) No owner shall knowingly allow any stray animal to remain upon his property for a period longer than two weeks, unless he shall have forwarded to the owner of the animal, if known to him, or to the nearest poundmaster, a notice of the presence of such animal upon his property. Such notice shall be sent by letter delivered or duly posted, or shall be given personally, and shall set forth, as nearly as possible, the species, marks and distinguishing peculiarities of the animal in question, and, in regard to horses and cattle, their colour also. (3) A poundmaster receiving any such notice as is referred to in subsection (2), shall place upon the notice-board referred to in section nineteen a notice setting forth fully what has been communicated to him, and shall also send a copy of such notice to the District Secretary to be put up where notices are usually placed for public information. In the advertisement prepared in accordance with the requirements of section sixty-six, attention shall be directed to the contents of any such notice. (4) No person shall, by public advertisement, intimate or notify that if the owner of any animal either found astray or trespassing upon his property shall fail to claim it, such animal will either be retained by him or be dealt with in any other manner than by impounding.
(5) No person shall furiously drive, worry or wantonly ill-treat any animal found trespassing, or conduct the same to the pound by any except the shortest available road or thorough-fare, unless some other shall be more desirable for the animal itself, or send any number of animals found trespassing at the same time and place in separate lots to the pound with the object of obtaining additional mileage. (6) Any person contravening this section shall be liable to the penalty provided by section seventy-eight, and shall make good to the owner of such animal or animals any damage sustained by reason of such infringement. 32. (1) No person shall rescue or incite or assist any other person to rescue any animals lawfully impounded, or lawfully seized for the purpose of being impounded. (2) No person shall break down, injure or destroy any pound duly established, whether animals are impounded therein or not, or commit any act whereby animals shall escape or be at large from such pound, under the penalty prescribed by section seventy-eight. 33. Every person who delivers any animals to a poundmaster to be impounded shall be entitled to receive from such poundmaster mileage at the rate set forth in the First Schedule: Payment of mileage in respect of animals impounded Rescue of animals
Provided that(i) when the person so delivering the said animals is not himself the owner of the land trespassed upon, or the caretaker for the owner, then he shall produce a written memorandum signed by such owner or caretaker giving a description of the animals, and authorising the bearer to convey them to the pound, and every such memorandum shall be preserved by the poundmaster as a voucher; (ii) when more persons than one have been necessarily employed in conveying the said animals to the pound, mileage shall only be paid by the poundmaster to one of such persons; but the person impounding the animals may recover from the owner thereof, in any competent court, similar mileage in respect of every other such person so employed.
34.
The owner of any animal lawfully impounded for trespass upon-
(a) any garden, including any market garden or kitchen garden or orchard; (b) any place upon which a cultivated crop is growing, or upon which such crop, having been gathered, is still lying; (c) any yard, floor or place containing grain or dried fruit; shall, subject to the provisions hereinafter contained, be liable to pay trespass money to the owner of the property trespassed upon, calculated according to the rates set forth in the Second Schedule: Provided that(i) any owner, or the caretaker for any owner, sending animals to the pound for a trespass under this section, shall at the same time send a signed memorandum to the poundmaster setting forth the number and description of the animals and the species of place or property upon which they have trespassed; (ii) when the person impounding elects to claim trespass money calculated according to the Second Schedule, the memorandum shall state the amount so claimed; but if he elects to refer the amount of damage to the award of a pound assessor and landowners as provided by section thirty-eight, or if he elects to proceed for damages by action, the memorandum shall state such election on the part of the person signing it; (iii) if the memorandum delivered with the animals does not state the species of place or property upon which they have trespassed, then they shall be considered as impounded for trespass under section thirty-five; (iv) when such animals are taken to the pound by the owner or caretaker aforesaid in person, then the verbal statement of such owner or caretaker upon the matters referred to in provisos (i) to (iii) shall be taken and recorded by the poundmaster. 35. The owner of any animals lawfully impounded for trespass upon any uncultivated ground, or any place not of the description in the last preceding section given, shall be liable to pay trespass money to the owner of the property trespassed upon at the rate set forth in the Third Schedule.
Payment of trespass money in respect of cultivated land
Payment of trespass money in respect of uncultivated land
36. In case any property shall be trespassed upon on more than one Double occasion within the space of fourteen days by animals belonging to the damages for same owner, then the said owner shall be liable in respect of the second repeated
trespass to pay twice the amount of trespass money which would have been payable under this Act, had such second trespass not been a repeated trespass.
trespass
37. (1) No poundmaster shall release any impounded animal until there Release of shall have been paid to him, in addition to all other fees and charges, the animals amount of all damages or trespass money due and payable under impounded sections thirty-four, thirty-five, thirty-six, forty, forty-one, forty-three, forty-seven, fifty-three and fifty-four, in respect of such animals. (2) In case of the release of any such animals, without payment of the damages or trespass money aforesaid, the poundmaster shall be liable for such damages or trespass money. 38. If any owner shall consider the amount of trespass money claimable under this Act inadequate for the damage done to his property by animals trespassing thereon, he may demand that such damage shall be assessed by the nearest pound assessor, as umpire or referee, and two landowners as arbitrators. In every such case the following provisions shall apply: (a) the owner intending to have the amount of damages assessed by arbitration under this section shall give notice to the owner of the animals (where he is known) and to the nearest pound assessor within twenty-four hours after the trespass has been committed; (b) the owner shall appoint one arbitrator, and the owner of the animals (where he is known) the other. If the owner of the animals neglects or refuses to appoint an arbitrator, then the arbitrator nominated by the owner of the property shall proceed to assess the damages in conjunction with a landowner nominated by the nearest pound assessor as a second arbitrator; if the nearest pound assessor is away from home or fails to nominate the second arbitrator, then such second arbitrator shall be nominated by the nearest pound assessor willing to make such nomination; (c) if the nearest pound assessor is absent from home, or is unable or unwilling or fails to act, then the two arbitrators appointed shall select some impartial landowner to act as referee in place of the pound assessor; (d) if the owner of the animals is unknown, then the assessment shall only take place in the presence of a pound assessor. The owner of the property shall in such cases obtain the services of the nearest available pound assessor, who shall appoint two landowners as arbitrators and shall himself act as umpire or referee; Assessment of damages if otherwise inadequate
(e) the pound assessor referee shall appoint a convenient time for the inspection of the property trespassed upon; and the referee and arbitrators shall be entitled to receive from the complainant for their services the sum of seventy-five ngwee each, together with railway fare or, if and so far as no railway shall be available, horse-hire at eight ngwee per kilometre or bicycle at five ngwee per kilometre, which charge, as well as the damage assessed, shall be paid to the complainant by the owner of the animals in case the damages assessed shall exceed the amount which would under any of the Schedules have been claimable; (f) if any owner of property who demands arbitration under this section shall agree with the person from whom he claims damages to submit the matter to any single referee or to any arbitrators whom the parties may select, then such referee or arbitrators shall, unless the written agreement for arbitration shall otherwise provide, be bound to act in accordance with the provisions of this section, and their award shall be considered to be of the same effect as if it had been given by the pound assessor and landowners herein mentioned. 39. Every award made under the preceding section shall be in writing, Award by assessors and shall be signed by the arbitrators and by the pound assessor or referee, or, in the case of a single landowner being lawfully entitled to make it as referee, by such landowner; and it shall state the amount at which the damage has been assessed, and also whether the complainant or the owner of the animal is liable to pay the charge for the award: Provided that if the pound assessor or referee and landowner shall not agree in their assessment, then the amount agreed upon by any two of them shall be the amount awarded. 40. Every such award shall be handed to the complainant, who shall send a true copy of such award to the poundmaster of the pound to which the animals have been sent, and thereupon the assessed damages and charges, if allowed, shall become a charge upon the animals impounded. Copy of award to complainant
41. (1) The owner of any sheep or goats infected with scab, and found Trespass by trespassing upon any property, shall, if the said sheep or goats are not infected sheep found mixed with other sheep or goats belonging to the owner of the or goats property and free from the said disease, be liable to pay to the owner of
the property twice the amount of trespass money which would have been payable under the provisions of sections thirty-four and thirty-five in regard to a similar trespass by sheep or goats not so infected. (2) In case the trespassing sheep or goats are found mixed with other sheep or goats belonging to the owner of the property, then their owner shall be liable to pay to the owner of the property four times the amount of trespass money which would have been payable under the aforesaid sections in regard to a similar trespass by sheep or goats not so infected. (3) Any person who shall wilfully drive any sheep or goats infected with scab into or upon the property of another person, upon which property there are at the time any sheep or goats not infected with the said disease, shall, in addition to any damage or trespass money payable under this Act or otherwise, be liable, on conviction, to be imprisoned, with or without hard labour, for any period not exceeding six months. 42. For the purposes of this Act, if any sheep or goat found trespassing is infected with scab as in the last preceding section mentioned, then all sheep or goats in the same flock, and found trespassing at the same time, shall be deemed to be similarly infected, and if any sheep or goat in any flock with which any other flock has become mixed is so infected, then the entire mixed flock shall be deemed to be similarly infected. 43. If damages are claimed for the trespass of any sheep or goats alleged to be infected with scab, the pound assessor or referee and the arbitrators shall, before awarding any damages, be satisfied that the trespassing sheep or goats are infected with scab and shall ascertain whether or not the trespassing sheep or goats were found mixed with sheep or goats not trespassing and free from such disease. 44. The owner of any sheep or goats alleged to be infected with scab and with respect to the trepass of which trespass money is claimed under this Act may, upon depositing with the poundmaster the sum of two kwacha and twenty-five ngwee, demand that the question whether the said sheep or goats are so infected be submitted for decision to the award of a pound assessor and two arbitrators; and thereupon the provisions of section thirty-eight shall apply to every such case. Infection of one animal to be deemed infection of whole flock
Claim for damages in respect of infected sheep or goats
Reference of question as to infection to assessors
45. The owner of any stallion, bull, sheep-ram or goatram, which shall Trespass by
be found trespassing upon the property of another person, and found to stallions, etc. be in company with any mare, cow, heifer or ewe, respectively, belonging to the owner of such property or being thereon with the consent of the owner of such property, shall be liable to pay to him in addition to all other pound fees or charges, a penalty calculated upon the following scale: (a) for every stallion so found, a sum not exceeding three hundred penalty units; (b) for every bull so found, a sum not exceeding one hundred and fifty penalty units (c) for every sheep-ram or goat-ram so found, a sum not exceeding thirty penalty units. (As amended by No. 36 of 1933 and Act No. 13 of 1994) 46. The provisions of the last preceding section shall not apply to any Saving as to stallion under the age of two years, to any bull under the age of one year, young stallions, and to any sheep-ram or goat-ram under the age of nine months, and the etc. trespass money payable in respect of any stallion, bull, sheep-ram or goat-ram, found trespassing, but not under the circumstances detailed in the last preceding section, shall be the same amount that would have been payable in respect of a similar trespass by a gelding, ox or wether, as the case may be. 47. Any person who is entitled to claim damages under section Reference to forty-five may require that the amount of damages shall be determined assessors by a pound assessor or referee and two landowners; and in that case the provisions of section thirty-eight, thirty-nine and forty shall apply to such determination and inquiry. 48. No stallion above the age of two years which shall hereafter be lawfully impounded shall be released by the owner thereof, or sold out of the pound, without being previously castrated, unless such stallion shall be released under the provisions of section fifty-one. Castration of impounded stallion
49. (1) Every such stallion not released under the provisions of section Payment of fee fifty-one shall be castrated by the poundmaster, if competent to perform for castration such operation, or by some other competent person employed by him at his own expense, and such poundmaster shall be allowed for the performance of this duty a fee of fifteen fee units, to be recovered from the owner of such stallion, if known, or deducted from the proceeds of sale should such animal be sold out of the pound:
Provided that no such fee as aforesaid shall be recoverable from the owner in respect of any animal which shall die while in the poundmaster's keeping in consequence of such castration. (2) If the said proceeds be insufficient to pay the said fee, then the amount of such fee shall be paid to the poundmaster by the Government. (As amended by Act No. 13 of 1994) Postponement 50. No stallion shall (except as hereinafter is provided) be castrated under the provisions of this Act until it shall have remained impounded of castration for at least three weeks; and any stallion not sooner released by or on behalf of the owner thereof, shall, subject to such regulations as may be in force at the date of such sale, be sold at the first pound sale occurring after the expiration of thirty days from the date of such stallion having been impounded: Provided that if the owner of such stallion shall give his consent, or shall decline to release it under section fifty-one, such stallion may be castrated forthwith, and shall be castrated without unnecessary delay, should the owner thereof desire to release the same under the provisions of this Act. 51. The owner of any stallion which may hereafter be impounded shall Release of be entitled to release such stallion without its being castrated, upon stallion without payment of pound fees and other charges, and upon giving security to castration the satisfaction of the District Secretary or pound assessor for the payment of any fine or penalty and costs of suit recoverable under section forty-five: Provided that(i) every such owner shall be entitled to tender to any person claiming any penalty under section forty-five, such sum as he shall consider adequate to cover such fine or penalty as aforesaid; (ii) in the event of such tender being refused, the person claiming any such fine or penalty shall be condemned in the costs of such legal proceedings as he may afterwards institute for the recovery thereof, unless the court in which the same shall be pending shall award such fine or penalty as shall exceed the amount so tendered.
52. (1) In each District, every District Secretary and pound assessor, Trespass on and also any person authorised in writing by any of the said persons, outspans and may impound any animals found upon any outspan place or vacant State State Land Land in such District. (2) Subsection (1) shall not apply to animals in the possession of travellers who have outspanned for a period not greater than twenty-four hours, or for any period during which they may be detained by stress of weather or other sufficient cause upon the said outspan place. 53. (1) All animals impounded under the last preceding section shall be Impounding of sent to the same pound as would have been the case had the outspan or animals so trespassing vacant State Land been private property, and they had trespassed thereon. (2) The same mileage and trespass money shall be payable as if the said outspan or such vacant land were private property. (3) The mileage shall be paid to the person taking the animals to the pound, and the trespass money shall be paid to the District Secretary, or to some person entitled to receive it for him. 54. Any animal not belonging to, or in the possession of a traveller Trespass at which is found trespassing upon any dam or tank belonging to the dams or tanks Government, and intended for the use of travellers and their cattle only, may be impounded by any of the persons mentioned in section fifty-two, or by any person duly authorised to take charge of such dam or tank; and the person so impounding shall be entitled to the mileage as in the last preceding section provided. 55. If animals belonging to the same person shall, on more than one occasion during any period of three months, be impounded under the provisions of section fifty-four, then such person shall, in addition to all other fees and charges, be liable to the penalty prescribed by section seventy-eight. Increased penalties for continued trespass as in section 54
PART IV POUND FEES 56. Every poundmaster shall be entitled to demand or retain, as the Fees receivable case may be, in respect of every animal impounded with him under this by Act, the fees enumerated in the Fourth Schedule, and no animal shall be poundmaster. considered to be impounded until it shall have been actually placed within the pound kraal. 57. Every poundmaster shall be entitled, in addition to the fees in the last preceding section mentioned, to demand or retain, as the case may be, a further fee for every day during which any such animal shall be herded, grazed and fed by him; such fee to be in accordance with the Fifth Schedule. 58. Every stallion above the age of two years, every bull above the age of two years, every sheep-ram, goat-ram or boar above the age of nine months, and every animal which, from contagious disease, dangerous vice, or other reason, shall be unfit to run with the remaining herd, shall be kept and fed separately; and the fees to be received or retained, as the case may be, by the poundmaster for the keeping and feeding of such animal shall be those enumerated in the Sixth Schedule. Sustenance fees
Fees for animals separately herded
59. The fees mentioned in the last three preceding sections shall be Fees to be a paid to the poundmaster for his own use by the owner of the animals charge on the impounded; and the said fees, together with the mileage paid by the animals poundmaster, in terms of this Act, shall be a charge upon such animals; and such animals may be detained by the poundmaster in security of the said fees and mileage: Provided that(i) if the value of the animals impounded is in excess of the total charges due thereon and ascertained under this Act, then the poundmaster shall only detain so many of the said animals as may be reasonably sufficient to secure the total charges due upon all the animals, and shall deliver the remainder of the animals to the owner; (ii) any poundmaster who shall retain, after demand, any greater number of such animals than is reasonably necessary to secure such
charges as aforesaid, shall be liable to the owner thereof for any damages sustained by him on account of such retention. 60. (1) Every poundmaster shall, for his attendance at every pound sale, Fee for as hereinafter provided, be allowed a fee of fifteen fee units, to be paid attending sale proportionately out of the proceeds of the animals sold at such sale. (2) If such proceeds be insufficient, then the Government shall, through the District Secretary, pay to the poundmaster such amount as, together with the sum received by him from the proceeds, shall amount to fifteen fee units. (As amended by Act No. 13 of 1994) 61. In addition to the fees hereinbefore provided, every poundmaster shall receive for every horse or head of cattle impounded in his pound, and bearing no registered brand, an additional fee of five ngwee, which shall be a pound charge on such animal. Additional fee for unbranded horses and cattle
62. The District Secretary may from time to time alter the tariff of fees Alteration of and rates fixed in any of the Schedules in respect of all pounds situated fees in his District. 63. Every such alteration or amendment of any of the Schedules, when Validation of published as hereinafter provided, shall be of the same legal force as if it alteration of fees had formed part of the original Schedule, and shall be taken to be included in any reference made in this Act to such Schedule. 64. No such altered tariff shall take effect until it has been published in Altered fees to the Gazette and in some newspaper circulating in the District. be gazetted 65. As soon as the District Secretary shall have framed and published Copies to be furnished to an altered or amended Schedule as hereinbefore provided, each poundmaster in the District shall be furnished by the District Secretary poundmasters with a copy thereof. 66. Whenever any impounded animals shall not be released within ten Sale of days from the date of their impoundment, the poundmaster shall forward impounded to the District Secretary an advertisement setting forth the species, stock
marks, brands and distinguishing peculiarities (if any) of such animals, and, in regard to horses and cattle, their colour also. Such advertisement shall notify that the animals therein mentioned will be sold at the next sale of impounded cattle, and shall set forth the time and place of such sale. 67. Every advertisement or notice of the sale of impounded animals Notice of sale to shall be published at least twice in succession in such paper or papers as be published in the District Secretary may direct, and the expense of such publication newspaper shall be borne by the Government. Posting of 68. Every poundmaster, upon sending such advertisement to the notice District Secretary as aforesaid, shall post a copy of it in some conspicuous place at or near his pound, there to remain until the day of sale, and the District Secretary shall also send a copy by post to every other poundmaster in the District, and every poundmaster receiving such copy of an advertisement as aforesaid shall post the same in a conspicuous place at or near his pound, there to remain until the date of sale therein mentioned. 69. The sale of animals impounded in the several pounds of each District shall take place, as nearly as may be, at intervals of one month; and shall be held at such places as the District Secretary may appoint: Provided that(i) the dates of the said sales shall, as far as possible, be so arranged as to cause each successive sale to be held in a different month, and to allow a notice of at least fifteen days to be given of the sale of any animals; (ii) all District Secretaries shall transmit to the Minister for insertion in the Gazette once in the month of January, and again in the month of July, in each year, a notice setting forth the dates and places at which the several pound sales in the District are appointed to take place. (As amended by G.N. No. 319 of 1964) 70. At every sale of impounded stock the poundmaster shall act as Poundmaster to auctioneer. No auctioneer's licence shall be necessary in order to enable act as a poundmaster so to act. No poundmaster shall be directly or indirectly auctioneer interested in any purchase at any sale so held by himself. Arrangements for sales
71. No animal shall be put up at any such sale unless it has been impounded for at least three weeks, except with the consent of the owner.
Animals to be impounded for at least three weeks before sale
72. (1) At every such sale, all animals, except sheep and goats, shall be Manner of sold singly. conducting sale (2) Sheep and goats shall be sold in lots of not more than ten. (3) In no case shall sheep and goats or sheep or goats with different marks or brands be sold together in the same lot. Cash sale only 73. (1) At every such sale the animals shall be sold for cash, and the and disposal of proceeds, less the amount of pound fees and other fees and charges properly payable in respect of such animals, and less the amount of any proceeds damage due or assessed under this Act, shall be forthwith, upon receipt, handed by the poundmaster to the District Secretary, to be by him paid to the owners of the animals sold according to their respective rights: Provided that(i) if in any case the animals sold shall not realise sufficient proceeds to satisfy all such fees, charges and damages, as aforesaid, the proceeds shall be first applied to the payment of the mileage due to the poundmaster, and if the said proceeds be insufficient to satisfy such mileage, then the balance of mileage shall be paid to the poundmaster by the Government, and the balance of other fees, charges or damages, shall be recoverable from the respective owners by action in any competent court; (ii) any money, being the proceeds of the sale of any impounded animal sold as aforesaid, which shall remain in the hands of the District Secretary for a period of twelve months without being claimed by the owner of such animal, shall become the property of the Government. (2) Every poundmaster contravening this section shall be liable to the penalty prescribed by section seventy-eight.
74. Any person who illegally impounds any animal shall be liable to Consequences make good to the owner all damages, costs and charges arising out of of illegal such proceedings, together with twenty ngwee for every horse or head of impounding cattle, and one ngwee in respect of every other animal so illegally impounded: Provided that nothing herein contained shall be deemed or held to prevent or bar any action for damages competent to such owner or any criminal prosecution. 75. In case any property trespassed upon is situated in a different District from that in which the pound proper for the receipt of trespassing animals is situated, and in case the rates of mileage and trespass money in the two Districts shall be different, then mileage and trespass money shall be payable according to the rate for the District in which the property trespassed upon is situated; but all rates payable upon the delivery of such animals to the poundmaster, and for herding, grazing and feeding the same, shall be payable according to the rate for the District in which the pound is situated. PART V GENERAL 76. Every person who shall wrongfully molest, drive or scatter the animals of another person when upon the property of such last mentioned person, or take away such animals from off the land of their owner, shall be liable, upon conviction, to the penalty prescribed by section seventy-eight. 77. Nothing in this Act contained shall be construed so as to prevent any person complaining of trespass from seeking redress according to law in any competent court: Provided that(i) no person who shall once have claimed trespass money under sections thirty-four and thirty-five shall be competent afterwards to require an assessment of damages by a pound assessor, or a referee and arbitrators under section thirty-eight, nor shall any person who shall Penalty for molesting or scattering animals Rates at which fees payable when more than one pound is concerned
Saving as to other remedies for trespass
once have claimed either such trespass money or such assessment be competent afterwards to seek redress by legal process; (ii) whenever any complainant shall decide to proceed at law for the recovery of damages for any alleged trespass, the owner of the animals impounded for such alleged trespass shall be entitled to release the same upon payment of pound fees, and upon giving security to the satisfaction of any magistrate for the payment of any damages and costs which the complainant may recover. 78. Persons convicted of contravention of the provisions of this Act or Penalties any regulation made hereunder for which no other penalty is provided shall be liable to the penalties following, that is to say: (a) for every contravention by a poundmaster-
(i) of the sections numbered respectively six (2), eleven, nineteen, twenty-three and seventy-three, a sum not exceeding one hundred and fifty penalty units; (ii) of the section numbered sixteen, a sum not exceeding three hundred penalty units; (iii) of the section numbered twenty-four, a sum not exceeding seven hundred and fifty penalty units; (b) for every contravention by any person, including a poundmaster, of the sections numbered respectively twenty-nine, thirty-one, thirty-two, fifty-five and seventy-six, and any other provisions of this Act or any regulation made hereunder in regard to which no penalty is expressly provided, a sum not exceeding three hundred penalty units (c) in default of payment of the penalty imposed, to imprisonment with or without hard labour for a period not exceeding three months. (As amended by Act No. 13 of 1994) 79. (1) Any District Secretary may send to any pound in the District within his jurisdiction any animals alleged or proved to have been stolen, or to have been taken possession of, or sold, or disposed of, in contravention of section twenty-nine, and may remove or authorise the removal of the same at his discretion. (2) It shall be the duty of the poundmaster to receive any animals so sent to his pound. Such animals shall not be subject to the usual pound Impounding of animals alleged to have been stolen, etc.
regulations for the sale of impounded animals, but shall be dealt with in such manner as the District Secretary may direct. (3) No mileage shall be payable on such animals, and, in the absence of any special agreement as to the charge to be made for keeping the said animals, the poundmaster may charge only the sustenance fees set forth in the Fifth Schedule. (4) Any sum due in terms of this section for keeping or sustaining such animals shall be a first charge upon the said animals, and shall be paid before the poundmaster is bound to deliver the animals. 80. The provisions of this Act shall have effect in such portions only of Application of Zambia as the Minister may, by statutory notice, direct and shall cease Act to have effect in any such portion as the Minister may, by like notice, withdraw from its operation. (As amended by G.N. No. 319 of 1964) 81. Nothing herein contained shall affect the right of any owner of land, which is not situate within or deemed to form part of a declared area, to seize and impound upon such land animals found straying or damage feasant. 82. Any poundmaster who shall knowingly obtain from an owner of animals detained in his pound money or property in excess of that authorised by this Act, and any person, not being a poundmaster, who shall obtain from an owner of animals found trespassing money or property in respect of such trespass, otherwise than in accordance with this Act, shall be liable, on conviction, to a fine not exceeding six hundred penalty units or to imprisonment for a period not exceeding six months, and shall further be ordered to make restoration in respect of any money or property so obtained, which order shall be made in the form of a civil judgment against him for the amount to be restored. (As amended by Act No. 13 of 1994) 83. With regard to any portion of Zambia which is not situate within or deemed to form part of a declared area, the Minister may, from time to time by statutory instrument, make regulations as to all or any of the following matters: Regulations in respect of other portions of Zambia not within a Saving of rights of owner not within a declared area Other offences by pound-masters and others
(a) the notices which must be given when any animals have been seized and impounded; (b) scales of damage for trespass, pound fees and sustenance fees, or any of them; (c) generally as to animals seized, for their care, custody and sale or disposal if not released within a time to be prescribed; (d) the powers and duties of District Secretaries as to any stray animal or animals which have been seized and impounded for trespass, and the administration by such District Secretaries of such regulations. (As amended by G.N. No. 319 of 1964 and S.I. No. 29 of 1964)
declared area
FIRST SCHEDULE
(Section 33) RATE OF MILEAGE ngwee For all animals, whether one or more, per kilometre, going to the pound .. 5
SECOND SCHEDULE
(Section 34) TRESPASS ON CULTIVATED LAND, ETC.
If land enclosed with sufficient fence ngwee 15 5 2 If land not so enclosed ngwee 8 2 1
Description of Animal Horses, Cattle and Pigs, per head Goats, per head .. .. Sheep, per head .. .. .. .. ..
The fees chargeable under the First, Second, Third, Fifth and Sixth Schedules have been doubled, and under the Fourth Schedule trebled, in theLusaka District by General Notice No. 875 of 1951; Kabwe Rural District by General Notice No. 1030 of 1951; Livingstone District by General Notice No. 1233 of 1951; Kabwe Urban District by General Notice No. 1426 of 1951; Mazabuka District by General Notice No. 24 of 1952; Choma District by General Notice No. 1277 of 1956; Chipata District by General Notice No. 65 of 1959;
Kalomo District by General Notice No. 2537 of 1961.
THIRD SCHEDULE
(Section 35) TRESPASS ON UNCULTIVATED LAND
If land enclosed with sufficient fence ngwee 5 1 If land not so enclosed ngwee 2 1/2
Description of Animal Horses, Cattle and Pigs, per head .. Goats and Sheep, not exceeding three hundred in number, per head .. Goats and Sheep, if over three hundred in number, then for every goat or sheep in excess of three hundred, per head .. .. ..
.. 1/2 1/4
FOURTH SCHEDULE
(Section 56) POUND FEES
Horses, Cattle and Pigs, per head Sheep and Goats, per head . . .. . .. .. .. .. .. .. .. .. .. .. .. Fee units 1 1
FIFTH SCHEDULE
(Section 57) SUSTENANCE FEES
Horses, Cattle and Pigs, per head per diem after ten days .. .. .. Sheep and Goats, per head per diem .. after ten days .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. Fee units 120 751 1 1
SIXTH SCHEDULE
(Section 58) FEES FOR ANIMALS TO BE SEPARATELY HERDED
Fee units 1 1 1 1
For every Stallion, per diem .. .. For every Bull, per diem . .
..
.. .. ..
.. .. ..
.. .. ..
.. .. ..
.. .. ..
.. .. ..
..
.. .. ..
. .
For every Boar, per diem. .
.. For every Sheep-ram, Goat-ram, or other separated animal, per diem .
The fees chargeable under the First, Second, Third, Fifth and Sixth Schedules have been doubled, and under the Fourth Schedule trebled, in theLusaka District by General Notice No. 875 of 1951; Kabwe Rural District by General Notice No. 1030 of 1951; Livingstone District by General Notice No. 1233 of 1951; Kabwe Urban District by General Notice No. 1426 of 1951; Mazabuka District by General Notice No. 24 of 1952; Choma District by General Notice No. 1277 of 1956; Chipata District by General Notice No. 65 of 1959; Kalomo District by General Notice No. 2537 of 1961. (As amended by Act No. 13 of 1994)
PUBLIC POUNDS AND TRESPASS SECTION 4, 26 AND 80-DECLARED AREAS AND ESTABLISHMENT OF POUNDS Notices by the Minister 1. Declared Areas in the Southern Province:
CAP. 253
Government
Notices 123 of 1954 83 of 1957 267 of 1960 83 of 1961 328 of 1962 (1) The Mazabuka District.
Pounds established at(a) Monze on Farm No. 505 "Karridons"; (b) Farm No. 2612 situated approximately six kilometres from Magoye Railway Siding; (c) (d) (e) (f) Lubombo on Farm No. 894 "Kamwi"; Chisekesi on Farm No. 272A "Little Wonder"; Mazabuka on Farm No. 554A; Mazabuka on Farm No. 336 (a) "Big Fig".
Any animal trespassing in the Mazabuka District shall be sent to one of the above pounds. (2) The Choma District. Government Notices 122 of 1954 89 of 1956 269 of 1956
Pounds established at(a) (b) (c) Farm No. 1817, Choma; Pemba; Farm No. 178A, Choma.
Any animal trespassing in the Choma District shall be sent to one of the above pounds.
(3)
The Livingstone District.
Pounds established at(a) Farm Lot No. 1970 "Outspan", Livingstone District; (b) Farm No. 428a "Sunrise" situated approximately ten kilometres east of Senkobo Siding in the Livingstone District.
Government Notices 68 of 1953 267 of 1960 151 of 1963
Any animal trespassing in the Livingstone District shall be sent to one of the above pounds. (4) The Kalomo District. Government Notices 124 of 1954 215 of 1962 379 of 1963 497 of 1964
Pounds established at(a) Zimba, at the farm known as "The Haddow" situated approximately three kilometres north-east of Zimba. The following area is hereby defined as that within which any animal found trespassing and to be impounded shall be sent to the above-described pound at Zimba:
That portion of the Kalomo District, other than Trust Land or Reserve, lying to the south-west of a line drawn from the Ngwezi River along the south-western boundaries of Farms Nos. 73A, 72A (Lion Kop Ranch) and 1853 to the south-western corner of Farm No. 1853, thence down the western boundaries of Farms Nos. 1850 and 1851 to the confluence of the Kalomo and Mwemba rivers at the south-western corner of Farm No. 1851. (b) Kalomo, at the farm known as "Nagenoeg", No. 65a, situated approximately a kilometre east of Kalomo Township. The following areas are hereby defined as those with-in which any animal found trespassing and to be impounded shall be sent to the above-described pound at Kalomo: (i) Any State Lands in that portion of the Kalomo District lying to the north-east of a line drawn from the Ngwezi River along the south-western boundaries of Farms Nos. 73A, 72A (Lion Kop Ranch) and 1853 to the south-eastern corner of Farm No. 1853, thence down the western boundaries of Farms Nos. 1850 and 1851 to the confluence of the Kalomo and Mwemba rivers at the south-western corner of Farm No. 1851. (ii) (iii) 2. Farm No. 29a (Ruyala). Farms Nos. 54A and 35A (Kala). Declared Areas in the Central Province: Government Notices
(1) (2) (3)
Chibombo District; Kabwe Urban District; Lusaka District.
185 of 1950 183 of 1953 12 of 1955 261 of 1955 251 of 1958 332 of 1958 25 of 1962 288 of 1963 Statutory Instrument 366 of 1966 59 of 1976
Pounds established at(a) Farm No. 1539 "Kabwe Kalonga", situated approximately ten kilometres north-west of Kabwe Municipality; (b) Farm No. 1450 "Glenwood", situated approximately twenty-one kilometres south-west of Kabwe Municipality; (c) Subdivisions 59 and 60 of Farm No. 396a, known as Plots Nos. 59 and 60, Teagles Plots; (d) Farm No. 882 "Deelfontein", situated approximately forty kilometres from Chisamba Railway Station and six kilometres west of the Great North Road; (e) Farm No. 1144 "Swaarverdien", situated five kilometres north of Chikumbi; (f) Farm No. 451A "Kapuka", situated approximately twenty-five kilometres east of the City of Lusaka on Leopards Hill Road. (g) Farm No. 876, "Kalola", situated 100 km south of Kabwe on road No. D. 188. 3. Declared Area in the Eastern Province: Government Notices 355 of 1958 267 of 1960 151 of 1963
Chipata District. Pound established atKapara Estate, Chipata. Any animal trespassing in the Chipata District shall be sent to the above pound.
CHAPTER 255 THE PENSION SCHEME REGULATION ACT

PART I PRELIMINARY Section 1. 2. 3. Short title Application Interpretation
PART II REGISTRAR OF PENSIONS AND INSURANCE 4. 5. 6. 7. Appointment of Registrar Qualification of Registrar Deputy Registrar Functions of Registrar
PART III REGISTRATION OF PENSION SCHEMES 8. Registration of Pension Schemes
9. 10. 11. 12. 13. 14. 15. 16. 17.
Application for registration Grant of certificate of registration Creation of fund Application of fund Conditions of certificate of registration Duration of certificate Register of Pension Schemes Use of Register in evidence Inspection of Register
PART IV PRUDENTIAL REGULATIONS AND SUPERVISION OF PENSION SCHEMES 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. Conditions of compliance of Pension Schemes Appointment of Actuary Qualification of Actuary Actuary rights and duties Accounts and Audits Appointment of auditor Investment policy Investment of funds Returns Institution of legal proceedings Unsafe and unsound practices Examination of fund by Registrar General obligation of manager Protection against attachment Liability insurance
PART V DE-REGISTRATION AND APPEALS 33. De-registration
34. 35. 36. 37.
Notification Rights of contributors Powers of Registrar if assets insufficient Appeals
PART VI MISCELLANEOUS 38. 39. 40. 41. 42. 43. 44. 45. 46. General guidelines Appointment of inspectors Powers of inspectors Obstruction of inspectors General penalty Exemption from Banking and Financial Services Act Transitional provisions Tax exemptions Regulations
CHAPTER 255 PENSION SCHEME REGULATION

Act No. 28 of 1996 No. 10 of 2000 Statutory Instrument 27 of 1997
An Act to provide for the prudential regulation and supervision of pension schemes; to provide for the appointment of the Registrar of Pensions and Insurance; to provide for the Registrar's powers and functions; and to provide for matters connected with or incidental to the forgoing. [12th December, 1996] PART I PRELIMINARY 1. (1) This Act may be cited as the Pension Scheme Regulation (Amendment) Act, 2000, and shall be read as one with the Pension Scheme Regulation Act, 1996, in this Act referred to as the principal Act. (2) This Act shall be deemed to have come into operation on the 1st
Short title and commencement Act No. 28 of 1996
February, 2000. 2. This Act shall apply to any institution or company that establishes or Application Cap. 256 manages a pension scheme except the National Pension Scheme established under the National Pension Scheme Act. 3. In this Act, unless the context otherwise requiresInterpretation
"Deputy Registrar" means the Deputy Registrar appointed under section six; "fund" means the total assets of a pension scheme; "member" means any person who has joined a pension scheme after the eligibility requirements have been met and has not ceased membership to a scheme or any person drawing a pension under the plan; "manager" means a person who is licensed as a company or institution and is registered under this Act to establish or manage a pension scheme; "Multi-employer trust" means the legal entity established by a group of employers into which all contributions, investment earnings, surpluses and other moneys are accumulated on behalf of members of a pension scheme; "pension scheme" means any private, occupational or personal defined benefit or defined contribution pension scheme or savings plan; "pension plan rules" means the regulations which shall be issued by each pension fund and which shall be distributed to each member; "Register" means the Register of Pensions established under this Act; "Registrar" means the Registrar of Pensions and Insurance appointed under section four; and "trust" means the legal entity, separate from the employer, in which the pension scheme funds are accumulated.
PART II REGISTRAR OF PENSIONS AND INSURANCE

Appointment of 4. The Minister, in consultation with the Minister responsible for labour and social security shall appoint a Registrar who shall be a public Registrar officer and who shall be head of the Registry Office for pension funds and the Supervisory Authority for pension funds.
5. A person shall not be qualified for appointment as Registrar unless Qualification of the Minister is satisfied that the person has qualifications and experience Registrar in actuarial analysis, business management or accounting. 6. (1) The Minister shall appoint a Deputy Registrar who shall be a public officer and who shall be subject to the control and directions of the Registrar. (2) The Deputy Registrar shall be competent to exercise and perform any of the powers and functions of the Registrar. 7. (1) The functions of the Registrar shall be toFunctions of Registrar Deputy Registrar
(a) Act;
register and de-register pension schemes in accordance with this
(b) ensure that a pension fund is established in the form of a multi-employer trust separate from the employer's business or alternatively, affiliated to such a trust by a corresponding affiliation agreement; (c) ensure that the pension scheme is laid down in pension plan rules covering the contribution formula, all the benefits, type of plan, options provided and deadlines for choosing, calculation of portability rights and member's rights for participation in the management of the pension fund. (d) examine the certificate of incorporation of the trust;
(e) ensure that an auditor and an actuary are appointed in accordance with this Act; (f) examine the annual accounts, the report of the manager of the pension fund and the auditor's report; (g) examine the actuarial valuation and ensure it is done periodically according to this Act; (h) ensure that re-insurance arrangements are entered into in accordance with the actuary's recommendation; (i) ensure that, in the case of a "multi-employer trust", a written affiliation agreement exists, which adequately protects the pension funds, the member's rights and the portability of accrued rights; (j) enforce any conditions imposed under this Act on a pension fund, trust or the manager of such a fund or trust; and (k) exercise and perform such other powers and functions as may be conferred on him by or under this Act. (2) The Registrar, jointly with the appointed auditor and actuary, or a pension scheme shall at all times(a) protect the rights, benefits and other interests of the members in accordance with their corresponding pension scheme; and (b) monitor the viability of a pension scheme and ensure that a pension scheme is operating on sound financial and actuarial principles.
PART III REGISTRATION OF PENSION SCHEMES 8. (1) A person shall not establish or manage a pension scheme except Registration of Pension Schemes in accordance with this Act and under the authority of a certificate of registration of a pension scheme issued under this Act.
(2) A person who establishes or manages a pension scheme in contravention of this section shall be guilty of an offence and shall be liable, upon conviction, to a fine not exceeding five hundred thousand penalty units, or to imprisonment for a term not exceeding three years, or to both. 9. (1) A person may apply to the Registrar for a certificate to establish Application for registration or manage a pension scheme. (2) An application under subsection (1) shall be in such form as may be prescribed by the Minister, by statutory instrument, and shall specify(a) the name and address of the applicant;
(b) the physical address of the place where the pension scheme is to be established or managed; (c) a certified up to date extract from the register of companies;
(d) a description of the applicant's qualifications enabling him to manage a pension scheme; (e) the name and address of the appointed actuary and auditor;
(f) the latest annual account established in compliance with generally accepted accounting principles and report of the auditor; and (g) the latest actuarial valuation containing the confirmation that the pension fund's assets sufficiently cover the accrued benefit obligations; Provided that paragraphs (f) and (g) shall not apply to newly established pension funds or pension fund managers. (3) An application under subsection (1) shall be accompanied by the prescribed application fee.
10. The Registrar shall issue the applicant with a certificate of registration authorising the applicant to establish or manage a pension scheme, if the Registrar is satisfied that(a) the applicant shall carry out the scheme in accordance with this Act and in accordance with generally accepted actuarial principles; (b) the applicant shall protect the interests of the members;
Grant of certificate of registration
(c) the applicant is likely to be at all times capable of meeting its obligations to members in accordance with the pension plan rules; (d) the applicant has the capacity and the necessary facilities to conduct and manage a pension fund professionally; and (e) the applicant is capable of keeping the individual accounts of the members, and collecting the contributions and paying out the benefits. 11. Each pension scheme registered under this Act shall have a fund Creation of fund established in a separate multi-employer trust or alternatively be affiliated to such a trust into which shall be paid all contributions, investment earnings, surpluses from insurance and other moneys, as may be required under the relevant pension plan rules or under this Act. 12. There shall be charged on, and discharged from a pension fundApplication of fund
(a) the payment of benefits in accordance with pertaining pension plan rules and this Act; (b) the expenses incurred in the management of the fund including the auditing and actuarial fees; and (c) any other payments authorised to be made out of the fund under this Act or any other law. 13. (1) A certificate of registration shall be subject to the conditions laid down in this Act and such other conditions as the Registrar may consider necessary so as to ensure that the rights of the members under
Conditions of certificate of registration
the pension plan are protected in accordance with this Act. (2) The Registrar may attach such other conditions to a certificate when it is granted as the Registrar may determine. (3) The conditions of a certificate of registration shall include conditions(a) requiring the manager to comply with this Act, the pension plan rules and the directions given by the Registrar under this Act; (b) requiring the manager to furnish the Registrar, annually within three months after the end of the financial year, with the annual accounts established in compliance with the generally accepted accounting principles, the report of the auditor and the confirmation that the individual accounts of the members are duly kept; (c) requiring the manager to furnish the actuarial reports in accordance with this Act; (d) requiring the manager to file the pension plan rules and any revisions to those rules; (e) requiring the manager to maintain assets of such value as the actuary and the auditor may determine so as to ensure that the manager shall meet his obligation towards the members; and (f) which the Registrar may determine in consultation with the actuary and the auditor.
Duration of 14. Subject to the other provisions of this Act, a certificate of registration under this section shall remain in force for a period of three Certificate years, and may be renewed on its expiry on payment to the Registrar of such fees as the Minister may, by statutory instrument, prescribe.
15. (1) The Registrar shall establish and maintain a register to be known as the Register of Pension Schemes, in which shall be entered particulars of all registered pension schemes in accordance with this Act.
Register of Pension Schemes
(2) The particulars under subsection (1) shall include(a) (b) the name of the pension scheme and the date of registration; a specification whether it is a single or multi-employer trust;
(c) a summary of the pension plan rules stating the type of pension scheme; (d) a statement of assets and liabilities of the pension fund;
(e) the investment portfolio including a summary of the investments and the net return on investment realised during the last financial year; (f) the total administration cost in percent of the total contributions made to the fund; (g) (h) the financial year of the pension scheme; and such other particulars as the Minister may prescribe.
Use of Register in evidence
16. (1) For the purposes of ascertaining the facts concerning the registration of a pension scheme, entries made in the Register shall be prima facie evidence as to the facts specified in the Register. (2) A document certified by the Registrar as a true copy or extract from the Register shall be admissible in any court as prima facie evidence of the contents of the Register.
Inspection of 17. The Register or a copy of the Register shall be available for Register inspection by the public at the office of the Registrar during business hours and upon payment of such fee as may be prescribed by regulation.
PART IV PRUDENTIAL REGULATIONS AND SUPERVISION OF PENSION SCHEMES
18. (1) A pension scheme shall-
Conditions of compliance of Pension Schemes
(a) make adequate arrangements for the preservation of pension rights so as to protect the interest of its members; (b) lay down the rights and obligations of the members in writing in the pension plan rules, a copy of which shall be given to each member; (c) each year give to every member a benefit statement showing the member's actual benefits and the member's accrued portable benefits; (d) during the first five years after registration, carry out an actuarial valuation every two years, thereafter at least every five years so as to review and determine the sound funding of the pension scheme; (e) in managing its assets, aim to maintain at any time the real value of its members' accrued portable benefits; and (f) grant to members leaving the scheme before a benefit has become payable full portability of the accrued retirement benefits at the time the member leaves the scheme. (2) For the purposes of this section and the defined contribution schemes "portable benefits" means the total of the retirement contributions paid by the employee and the employer on the leaving member's account, plus interest during his participation under the plan. (3) Where a member leaves a scheme under paragraph (f) of subsection (1), in the case of(a) a defined contribution scheme, the portable benefits shall be the total of the retirement contributions paid by the member and the member's employer on the leaving member's account, plus interest during his participation under the plan; and (b) a defined benefit scheme, the portable benefit shall amount to the present value of the accrued retirement pension.
Appointment of 19. The manager in consultation with the board of trustees shall appoint an actuary to the fund, who shall not be bound to take directions Actuary from the manager, the trustees or the employer, and shall be financially independent from any such person or body.
20. A manager shall not appoint an actuary to its pension scheme for Qualification of the purposes of this Act unless the actuary so appointed has an actuarial Actuary qualification equivalent to the one of an associate or fellow of the Institute of Actuaries of England and has the experience to perform the tasks assigned to him under this Act. 21. (1) An actuary appointed under section nineteen shall prepare an actuarial valuation of a pension scheme at the intervals stated in paragraph (d) of subsection (1) of section eighteen. (2) The actuary shall, upon any valuation of a pension scheme, prepare a report on the state of the fund with regard to the fund's ability to meet the obligations it has entered into in the pension plan rules and the affiliation agreement and shall make recommendations and state any action required to be taken by, the manager of such a pension scheme. (3) The actuary shall submit the report under subsection (2) to the manager, the trustees and the Registrar and a copy to the Minister. (4) The Registrar shall ensure that the recommendations made by the actuary are carried out by the manager and trustees, within the deadlines fixed by the Registrar in consultation with the actuary, the manager and the trustees. (5) A manager who contravenes this section shall be guilty of an offence and shall be liable upon conviction to a fine not exceeding fifty thousand penalty units or to imprisonment for a term not exceeding three years, or to both. 22. A manager shall after the end of each financial year cause to be preparedAccounts and Audits Actuary's rights and duties
(a) (b) (c)
an audited balance sheet; an audited statement of income and expenditure; an audited statement of the administration cost;
(d) an audited statement that the individual account for the members are duly established in accordance with the pension rules under this Act; (e) such other information as the Registrar may require in order to ensure compliance with the pension rules and this Act; 23. (1) The manager of a pension scheme shall appoint an auditor for each financial year.
Appointment of auditor
(2) A person shall not be qualified for appointment as an auditor unless Cap. 390 he is a member in good standing of a professional association of accountants in Zambia under the Accountant's Act. (3) The auditor appointed under subsection (2) shall not be bound to take directions from the manager, the trustees and the employer and shall be financially independent from any such person. (4) An auditor appointed under subsection (2) shall audit the accounts of the pension fund for the financial year for which he was appointed, and audit annually the pension fund so as to ensure compliance with this Act. (5) The auditor shall submit a report to the board of trustees and the manager of the pension scheme so audited. (6) The manager shall lodge a copy of its accounts in accordance with subsection (1) and the auditor's report to the Registrar within three months after the end of its financial year. 24. (1) Each pension scheme shall have an investment policy so as toInvestment policy
(a)
achieve secure and profitable investments; and
(b) maintain at any time the real value of its members' accrued portable benefits (2) The manager of a pension scheme shall, at such times as the Registrar may require, prepare and furnish to the Registrar, a statement of existing and proposed investments for the pension scheme. 25. (1) A manager may invest in such type of investment as may be approved by the Registrar. (2) The Minister shall, regulate the minimum interest rate to be applied for calculating the portable benefits. (3) The Minister may issue investment guidelines relating to the upper limits for investment categories. (4) A pension fund shall not make unsecured loans to an affiliated employer or invest its assets abroad; Provided that the Minister may, by statutory order, permit a pension fund to invest and maintain outside Zambia for the benefit of members not more than thirty per centum of all contributions to the fund and any income or gains from such contributions to that fund subject to agreement between the members, the employers and the fund managers. (As amended by Act No. 10 of 2000) 26. (1) A manager shall prepare quarterly returns in the prescribed form Returns relating to the investment of pension funds, and shall furnish the returns to the Registrar within fourteen days after their preparation. (2) The quarterly returns under subsection (1) shall be recorded in the register, and made available for inspection by the public; and inspection shall be free of charge to the members. 27. A contributor may institute legal proceedings against a manager
Institution of legal Investment of funds
contravening this Act, pension plan rules or regulations so as to protect his contributions under a pension scheme: Provided that any secured loan to an employer shall not exceed five percentum of the total assets of the pension fund. 28. (1) Where in the opinion of the Registrar, the auditor, the actuary and the manager are pursuing any act or course of conduct that the Registrar considers as unsafe or of unsound business practice, the Registrar shall direct the manager of such a pension scheme to refrain from adopting or pursuing a particular course of action. (2) A manager shall comply with the directions given by the Registrar under subsection (1). (3) Directions given under this section shall be given by notice in writing to the manager of a pension scheme and may in like manner be varied or revoked. (4) A direction given under this section shall be effective immediately and shall remain in effect in accordance with its terms. (5) A manager acting in contravention of this section shall be guilty of an offence and shall be liable, on conviction, to a fine not exceeding fifty thousand penalty units, or to imprisonment for a term not exceeding three years, or to both.
proceedings
Unsafe and unsound practices
29. (1) The Registrar may cause an on site examination to be made of a Examination of pension scheme's books of accounts so as to determine the viability of fund by Registrar the fund and to determine whether the pension fund is operating prudently in accordance with section twenty-four. (2) An examination under subsection (1) shall be made by the Registrar if(a) he has reasonable cause to believe that the manager is contravening the Act;
(b) the manager has continued to contravene any requirement under this Act after notice has been given to him by the Registrar; (c) the manager has failed to carry out the recommendations made by an actuary under this Act; or (d) he has received a complaint from a member under a pension scheme. (3) The Registrar shall publish his findings in the Gazette within thirty days after he has concluded the examination under subsection (1) and shall furnish a copy to the manager. (4) Subject to subsection (1), the Registrar may give such directions as he sees fit to the manager so as to protect the member's interest. 30. A manager shallGeneral obligation of manager
(a) ensure that the pension scheme is at all times managed in compliance with this Act, pertaining regulations, the pension plan rules and directions of the Registrar; (b) take reasonable care to ensure that the administration of pension funds is carried out in the best interest of members of pension scheme and that members are informed periodically in accordance with the pension rules and this Act; (c) report to the Registrar immediately any occurrences which in his view could affect the rights of the members under the pension plan or under this Act; (d) report to the Registrar immediately if the contributions of an employer or a member are more than one month in arrears; (e) inform the Registrar of any mass-dismissals in process or impending with a contributing employer. 31. Notwithstanding anything contained in any other law, where any
Protection against attachment
judgement or order has been obtained against a member, no execution or attachment or process of any nature shall be issued against the contributions of a member, or an employer, except in accordance with the terms of the pension scheme and such contributions shall not form part of the assets of the member or an employer in the event of bankruptcy.
Liability insurance 32. A manager in consultation with the auditor and the actuary shall take out liability insurance with a recognised insurance company against the negligence or dishonesty of the directors, officers or employees of a pension scheme in order to safeguard its member's contributions and a copy of the insurance policy shall be lodged with the Registrar.
PART V DE-REGISTRATION AND APPEALS 33. (1) The Registrar, in consultation with the actuary and the auditor, may de-register a pension scheme if it appears to him that the manager has contravened or failed to comply with any provision of, or requirements under, this Act or regulations made under this Act or the pension plan rules. (2) The Registrar shall, before taking any action under this section, satisfy himself so far as he reasonably can, that the action would not unfairly operate to the detriment of a contributor of a pension scheme. (3) The Registrar may appoint a curator who in the opinion of the actuary and of the auditor has had training and experience in pension fund management, to advise the manager on the implementation of such measures as may be specified by the Registrar after consultation with the actuary and the auditor to restore the pension scheme to a sound financial and operating condition. (4) When a curator is appointed under this section, the manager and any of his employees shall act in accordance with every instruction given by the curator concerning the pension scheme or any part of the pension scheme's administration and operations that is regulated by or under this Act.
De-registration
(5) If a manager fails to comply with any instruction of a curator appointed under this section, he shall be guilty of an offence and liable, upon conviction, to a fine not exceeding one hundred thousand penalty units or to imprisonment for a term not exceeding five years, or to both. (6) The curator shall comply with any written instruction of the Registrar, and in all other matters shall act honestly and in good faith so as to restore the pension scheme to a sound financial and operating condition. (7) Any act or omission of the manager in accordance with a direction of the curator shall be binding upon the manager, but no person shall have any right or claim against the curator or the Registrar as a result of any direction given by the curator in good faith in accordance with this Act. (8) The curator shall advise the Registrar within six months following the curator's appointment whether in his opinion the pension scheme can be restored to a sound financial and operating condition within a reasonable time, or should be de-registered. (9) The Registrar shall not be bound to accept the advice of a curator under subsection (8). 34. (1) The Registrar shall within fourteen days after his decision to de-register a pension scheme notify, in writing(a) (b) the manager, the actuary and the auditor; the members of such a pension scheme;
Notification
(c) the employer of a member and any other person otherwise entitled to any funds held by the pension fund; of the decision to de-register the pension scheme. (2) A notice for the purposes of subsection (1), shall set forth such information as the Registrar may require by notice to the manager,
contributor and contributor's employer. 35. (1) The decision of the Registrar under this Part for de-registration Rights of contributors of a pension scheme shall not prejudice the rights of a contributor or other creditor to payment in full of a claim against the scheme.
Powers of 36. If the Registrar finds that the assets of a pension scheme that is Registrar if assets de-registered shall not be sufficient for the full discharge of its insufficient obligations to its members, the Registrar may take over the distribution of the assets and the supervision of the pension fund so as to protect contributors' interest under the pension scheme so de-registered and such distribution shall take place only after a corresponding distribution plan has been established by the Registrar.
37. (1) Any person aggrieved by the Registrar's refusal to register a pension scheme, renew a certificate of registration on its expiry, or decision to de-register a pension scheme, may appeal to the Minister within thirty days after the decision of the Registrar in the manner prescribed by the Minister, by statutory instrument. (2) A person not satisfied with the decision of the Minister under subsection (1) may appeal to the High Court within thirty days. (3) The Registrar shall give effect to the decision of the Minister under subsection (1) pending a decision of the High Court. (4) Where an appeal is disallowed by the Minister or the High Court, the Registrar shall take adequate steps to ensure the member's interest under the pension scheme are protected.
Appeals
PART VI MISCELLANEOUS 38. The Registrar shall have power to prescribe and publish guidelines General guidelines or other regulatory statements as he, in consultation with the actuaries and the auditors, may consider necessary or desirable for the administration and execution of this Act.
39. (1) In order to ensure compliance with the provisions of this Act the Appointment of Minister may appoint suitably qualified public officers as inspectors for Inspectors the purposes of this Act. (2) Every inspector shall be provided with a certificate of appointment, and in the exercise of any powers of the inspector under this Act, the inspector shall produce the certificate for inspection by any person reasonably requiring its production.
Powers of 40. For the purposes of this Act, an inspector may at any reasonable inspectors time, enter the premises where a pension scheme is operating and inspect any accounts, documents or records relating to a pension scheme so as to determine the viability of such a pension scheme.
41.
A person who-
Obstruction of inspectors
(a) delays or obstructs an inspector in the exercise or performance of the inspector's powers and functions; (b) refuses to give an inspector such reasonable assistance as the inspector may require for the purpose of the exercise of the inspector's power under this Act; or (c) gives an inspector false or misleading information in answer to any inquiry made by the inspector; shall be guilty of an offence and shall be liable, upon conviction to a fine not exceeding one hundred thousand penalty units or to imprisonment for a term not exceeding five years, or to both. 42. (1) Any person who(a) contravenes any provision of this Act that is expressly stated to be an offence but for which no other penalty is provided; or (b) fails to comply with any direction given by the Registrar under this Act;
General penalty
shall be guilty of an offence and be liable on conviction to a fine not exceeding fifty thousand penalty units or to imprisonment for a term not exceeding three years, or to both. (2) In the case of any offence under this Act committed by a body of persons(a) in the case of a body corporate, every director or similar officer of the body shall be guilty of the offence; and (b) in the case of a partnership, every partner shall be guilty of an offence. (3) A person shall not be guilty of an offence under subsection (1), if he proves to the satisfaction of the court that the act constituting the offence was done without his knowledge, consent or connivance or that he attempted to prevent the commission of the offence having regard to all the circumstances of the case. 43. The Banking and Financial Services Act shall not apply to any pension scheme registered under this Act in so far as it relates to the regulation and supervision of a pension scheme.
Exemption from Banking and Financial Services Act Cap. 387
44. Any pension scheme to which this Act applies that was operating Transitional provisions immediately before the commencement of this Act shall apply to the Registrar for registration within ninety days after the commencement of this Act. 45. Any pension scheme to which this Act applies shall be entitled to tax exemptions as may be provided for under the Income Tax Act.
Tax exemptions Cap. 323
46. (1) The Minister, in consultation with the Minister responsible for Regulations labour and social security, and the Registrar, may, by statutory instrument, make regulations to give effect to the provisions of this Act, and to prescribe anything which by the provisions of this Act is required to be prescribed.
(2) Without limiting the generality of subsection (1), regulations may provide for the following matters: (a) the form and manner of making applications for registration of a pension scheme and fees payable for such application; (b) (c) prescribe investment guidelines; and the form and manner of appeals. CHAPTER 256 THE NATIONAL PENSION SCHEME ACT
PART I PRELIMINARY Section 1. 2. Short title and commencement Interpretation
PART II NATIONAL PENSION SCHEME AUTHORITY 3. 4. 5. 6. 7. Establishment of National Pension Scheme Authority Functions of Authority Powers of Authority Director-General Secretary, inspectors and other staff
PART III NATIONAL PENSION SCHEME 8. 9. 10. Constitution of the National Pension Scheme Benefits under Scheme Vesting of existing fund and funds of the Scheme
11. 12. 13.
Membership of Scheme Contributing employer Registration of contributing employers
PART IV CONTRIBUTIONS 14. 15. 16. 17. Responsibility for payment of contribution Payment of contributions Treating unpaid contributions as paid Refund of contributions paid in error
PART V BENEFITS Section 18. 19. 20. 21. 22. 23. 24. 25. 26. Conditions for the award of retirement pension Amount of retirement pension Duration of retirement pension Lump-sum payment Early retirement Invalidity pension Amount of invalidity pension Duration of invalidity pension Invalidity lump-sum payment
27. Establishment of medical boards and appointment of medical officers 28. 29. 30. 31. 32. 33. 34. Medical examinations Survivor's benefits Family dependant Survivor's pension Duration of survivors pension Survivor's lump-sum payment Funeral grant
35. 36. 37. 38. 39.
Adjustment of benefits Time and manner of making claims Repayment of benefits improperly received Benefits to be inalienable Transactional provisions for benefits
PART VI MANAGEMENT OF SCHEME 40. 41. 42. 43. 44. 45. Management objectives of Scheme Investment of funds Application of funds of Scheme Appointment of actuary Actuarial valuation of Scheme Action of actuarial report
PART VII MISCELLANEOUS Section 46. 47. 48. 49. 50. 51. 52. 53. 54. Vesting of assets and transfer of liabilities Registration of property to be transferred Legal proceedings Protection against attachment Transfer of staff Offences and penalties General penalty Regulations Repeal of Cap. 5l3
FIRST SCHEDULE PART I ADMINISTRATION
1. 2. 3. 4. 5. 6. 7. 8. 9.
Composition of Authority Seal of Authority Tenure of office of member Removal of member Filling of casual vacancy Proceedings of Authority Committees of Authority Remunerations and allowances of members Disclosure of interest
10. Prohibition of publication of, or disclosure of information to unauthorised persons PART II FINANCIAL PROVISIONS 11. 12. 13. 14. Funds of Authority Financial year Accounts Annual report
SECOND SCHEDULE Persons exempted from the provisions of the Act.
CHAPTER 256
NATIONAL PENSION SCHEME
Act No. 40 of 1996 No. 9 of 2000
An Act to establish the National Pension Scheme Authority; to constitute the National Pension Scheme and to provide for matters connected with or incidental to the foregoing. [12th December,1996
PART I PRELIMINARY 1. (1) This Act may be cited as the National Pension Scheme (Amendment) Act, 2000, and shall be read as one with the National Pension Scheme Act, 1996 in this Act referred to as the principal Act. (2) This Act shall be deemed to have come into operation on the 1st February, 2000. 2. In this Act, unless the context otherwise requiresInterpretation
Short title and commencement Act No. 40 of 1996
"appointed date" means the date appointed by the Minister under section one; "Authority" means the National Pension Scheme Authority .established under section three; "average monthly earnings" means the amount determined under section nineteen; "Chairperson" means the Chairperson under paragraph I of the First Schedule; "contributing employer" means an employer designated by section twelve as a contributing employer; "Director-General" means the Director-General appointed under section six; "existing fund" means the Zambia National Provident Fund; "medical board" means a medical board established under section thirty-seven; "member" means an employee who is required to contribute to the Scheme under section eight; "national average earning" means the amount determined under section nineteen; "pensionable age" means the age of fifty-five years; "pensionable employment" means employment in respect of which contributions are payable under this Act; "Secretary" means the person appointed under section seven; "Scheme" means the National Pension Scheme constituted under section eight;
"Vice-Chairperson" means the Vice-Chairperson elected under paragraph 1 of the First Schedule; and "repealed Act" means the Zambia National Provident Fund Act. Cap. 273
PART II NATIONAL PENSION SCHEME AUTHORITY 3. (1) There is hereby established the National Pension Scheme Authority, which shall be a body corporate with perpetual succession and a common seal, capable of suing and being sued in its corporate name, and with power subject to the provisions of this Act, to do all such acts and things as a body corporate may by law do or perform. (2) The provisions of the First Schedule shall apply to the Authority. 4. (1) The functions of the Authority shall beFunctions of Authority Establishment of National Pension Scheme Authority
(a) implement the policy relating to the National Pension Scheme in accordance with this Act; and (b) control and administer the Scheme. Powers of Authority
5. (1) The Authority shall have power to-
(a) subcontract any of its functions to a consultant or corporation with proven experience in the particular function being subcontracted; (b) give such directions as it may consider necessary regarding the operations of the Scheme; and (c) do all such other acts and things as are necessary to give effect to the provisions of this Act.
(2) In the performance of its functions, the Authority shall, subject to the provisions of this Act, not be subject to the control or direction of any person or authority. 6. (1) There shall be a Director-General who shall be the Chief Director-General Executive officer of the Authority and who shall, subject to the control of the Authority, be responsible for the day to day administration of the Authority. (2) The Director-General shall be appointed by the Minister for a three year renewable term of office and shall be eligible for reappointment. (3) The Director-General shall attend meetings of the Authority and may address such meetings but shall have no vote. 7. (1) There shall be a Secretary of the Authority appointed by the Secretary, Authority on such terms and conditions as the Authority may determine. inspectors and other staff (2) The other staff of the board shall be appointed by the Authority on such terms and conditions as the Authority may determine. (3) The Authority shall appoint inspectors for purposes of this Act. (4) The Director-General shall issue an identity card to each inspector. (5) An inspector shall have power, on production of the identity card issued to him under subsection (4), to inspect any book, register, account, receipt or any document relating to contributions or to the provision to register or to contribute under this Act are being compiled with. (6) In inspecting the documents referred to in subsection (5), the inspectors shall ensure that the records kept are in accordance with the provisions of this Act.
(7) Any person who obstructs an inspector appointed under subsection (3) in the exercise of his duties under this section shall be guilty of an offence and shall be liable upon conviction to a fine not exceeding five hundred thousand penalty units or to imprisonment for a term not exceeding three months or to both.
PART III NATIONAL PENSION SCHEME 8. (1) There is hereby constituted a Scheme to be known as the National Pension Scheme into which shall be paid all contributions authorised under this Act and out of which shall be met all payments authorised to be paid under this Act. (2) The Authority shall be the trustees of the Scheme. 9. (1) The Authority shall pay pension benefits to a member whoBenefits under Scheme Constitution of the National Pension Scheme
(a)
retires from employment on reaching the retirement age;
(b) retires five years before he reaches pensionable age and has contributed to the Scheme for a minimum period prescribed by the Authority; and (c) has made contributions for at least twelve months and is certified by the medical board that he is incapable of gainful employment due to total or partial mental or physical incapacity which pension shall be determined by a formula by an actuarial study and prescribed by the Minister by statutory instrument. (2) The Authority may pay lump sum benefits under such conditions as the Authority may prescribe. (3) The Authority shall exchange the lump sum benefits referred to under subsection (1) in accordance with actuarial advice, in such
circumstances as may be prescribed. (4) On the death of the member, the Authority shall pay the pension benefits due to the member in accordance with the provisions of the Intestate Succession Act and the Wills and Administration of Testate Estate Act. Cap. 59 Cap. 60
10. (1) Without further assurance the existing fund shall be transferred Vesting of to the Scheme and shall vest in the Authority which shall, subject to the existing fund provisions of this Act, have the sole management and control of it. and funds of the Scheme (2) The funds of the Scheme shall consist of(a) (b) the fund of the existing fund; the assets of the existing fund;
(c) the combined contributions of contributing employers and members determined by, statutory instrument, in accordance with actuarial valuation and paid into the Scheme; (d) income and capital appreciation derived from the holding of the assets of the Scheme in any form; and (e) such other moneys or assets as may accrue to the Scheme. Membership of Scheme
11. (1) Every person who, before the commencement of this Act, is under pensionable age and is a member of the existing fund, shall be a member of the Scheme. (2) Every person who, on the commencement of this Act, is not a member of the existing fund under subsection (1) and is not less than sixteen years but who is under pensionable age and is employed by a contributing employer, shall be registered as a member of the Scheme as provided for under section thirteen. (3) The Minister may, by statutory instrument, provide for the
conditions and procedures under which any person who is not eligible to become a member of the Scheme under this Act, may become a member. 12. Subject to subsection (2) of section eleven, contributing employer Contributing shall meanemployer (a) a person, association, institution or firm registered as a tax payer with a contract of service with an employee; and (b) the Government of the Republic of Zambia, local authority or parastatal or statutory body. 13. (1) Subject to the other provisions of this Act, every contributing Registration of contributing employer shall, within one month, register under this section in the prescribed manner, unless such employer is registered under the existing employers fund. (2) The employees listed in the Second Schedule shall be exempt from the provisions of this Act and the Minister may, by Statutory Instrument, vary or add the list of employees in the Second Schedule. (3) The Minister may, by statutory instrument, prescribe the minimum number of employees in the service of any employer and the categories to be exempted under this section. (4) The period of one month mentioned in subsection (1) shall, in every case, begin upon the commencement of this Act or the date when the person concerned becomes a contributing employee. (5) On the first day of the month following the month in which the period mentioned in subsection (1) expires, the employee shall be a contributing employee for the purposes of this Act unless a further period is specified in the statutory order declaring that other categories of employers be contributing employers. (6) Any employer who belongs to a category of employers exempted under subsection (1) shall with the consent in writing of the majority of his employees, apply to the Authority in the prescribed manner, to register under this Act. (7) The Authority shall notify an employer registered under subsection (1) that his application has been approved.
(8) An employer registered under subsection (7) shall become a contributing employer on the first day of the month following the month in which such employer receives notification that the employer has been registered under this section. (9) A religious organisation which desires to make statutory contributions in respect of any minister of religion or any other category of employees may apply to the Authority in the prescribed manner to register under this section. (10) The Authority shall notify the religious organisation registered as a contributing employer for the purposes of this Act that the application has been approved. (11) A religious organisation registered under subsection (9) shall notify the Director-General of the prescribed particulars of any minister of religion or any other category of employees in respect of whom it wishes to make contributions and shall become an eligible employer on the first day of the month following the month in which notification is made under this subsection. (12) A contributing employer who ceases to be an employer of any employee shall cease to be a contributing employer in respect of such employee. (13) Any contributing employer who registers or is registered under the provisions of this section shall, without delay, register, as a member of the Scheme, every person who is or who subsequently becomes an employee in his service, by notifying the Director- General of such particulars of the employee as may be prescribed. (As amended by Act No. 9 of 2000)
PART IV CONTRIBUTIONS 14. (1) A contributing employer shall pay to the Scheme a contribution Responsibility in respect of an employee in his employment consisting of the for payment of employer's contribution and the employee's contribution at the contributions prescribed percentage.
(2) A contributing employer shall be entitled to recover from his employee who is a member of the Scheme, the amount of the employer's contribution by deduction from his earnings to which the contribution relates. (3) Notwithstanding any agreement to the contrary, an employer shall not be entitled to deduct from the earnings of a member or otherwise reduce such earnings as part of the employer's contribution. (4) The prescribed percentage referred to under subsection (1) shall be determined by actuarial valuation calculated to ascertain the financial sustainability of the the Scheme. Payment of 15. (1) A contributing employer shall pay contributions to the Authority at the end of each month and such employer shall submit, with contributions such payment, all prescribed supporting particulars concerning his identity, period of employment and earnings of the member to whom the contributions relate. (2) If any contribution is not paid within the time stated under subsection (1) a sum equal to twenty per centum of the amount unpaid shall be added as a penalty for each month or part thereof after the date the payment is due and the amount of the penalty shall be recoverable as a debt owing to the Scheme by the employer. 16. Where the Director-General is satisfied that an employee's Treating unpaid contribution has been deducted from his earnings, but the employer has contributions as failed to pay this contribution together with the employer's contributions paid to the Authority, he may treat the unpaid contributions as wholly or partially paid for the purpose of any claim to the payment or benefits, provided that this shall be without prejudice to any action to recover the amount due from the employer. 17. Where the Director-General is satisfied that any amount has been Refund of paid to the Authority as contributions which were not properly payable contributions and that such amount was paid as a result of a bona fide error, the paid in error amount paid in error shall be refunded or applied to any current liability with the consent of the person who made the payment.
PART V BENEFITS 18. Subject to the other provisions of this Act, a retirement pension shall be paid to a retired member who hasConditions for the award of retirement pension
(a)
attained pensionable age; and
(b) made not less than one hundred and eighty monthly contributions. 19. (1) The Minister shall prescribe the monthly retirement pension, by Amount of retirement statutory instrument, based on the actuarial valuation calculated to pension ascertain that the Scheme is financially viable. (2) The average monthly earnings shall be determined for each member at the time he makes a claim dividing the aggregate of pensionable earnings by the number of months of pensionable employment. (3) Notwithstanding subsection (2), the level of pensionable earnings shall be adjusted annually by an index based on the national average earnings as may be prescribed by the Minister, by statutory instrument. (4) The minimum monthly pension shall be twenty per cent of the national average earnings. (5) The Authority shall determine the national average earnings referred to in subsection (3) annually, by applying statistics and data compiled by the Central Statistical Office. 20. The retirement pension payment shall commence from the month following the month by which the retired employee satisfies the conditions in section eighteen and shall end in the month in which the retired member dies. Duration of retirement pension
21. A member who has attained pensionable age and has retired from Lump-sum employment but does not meet the qualifications for a pension under payment section eighteen, shall be entitled to the payment of a lump sum as may be prescribed by the Authority. 22. (1) A member shall qualify for early retirement if he is within five years of pensionable age and has paid contributions for at least one hundred and eighty months. (2) The amount of the pension paid on early retirement under subsection (1) shall be the amount that would be payable under subsection (1) of section eighteen reduced in accordance with a prescribed actuarial formula. (3) An early retirement pension shall not be payable if the amount of the pension calculated in accordance with the provisions of subsection (2) would be lower than the minimum pension under subsection (4) of section nineteen. 23. A member shall qualify for invalidity pension ifInvalidity pension Early retirement
(a) (b)
he suffers from permanent invalidity; and he is under pensionable age and either-
(i) the provisions of section eighteen regarding pension contributions are satisfied; or (ii) the member had paid at least sixty monthly contributions of which twelve or more were paid in the period of thirty-six months immediately preceding the date the invalidity began. 24. (1) The Minister shall, by statutory instrument, prescribe monthly rate of invalidity pension determined on the basis of the members average monthly earnings and the length of pensionable service. Amount of invalidity pension
(2) The monthly rate of invalidity pension shall be supplemented by a prescribed percentage. (3) The minimum monthly invalidity pension shall be twenty per centum of the national average earnings. 25. Subject to the provisions of this Act, invalidity pensions shall be Duration of payable for the duration of a permanent invalidity commencing with the invalidity month following the date of invalidity and ending eitherpension (a) when the member reaches pensionable age, if at that time the member is entitled to a retirement pension at the same or a higher rate; or (b) when the member dies.
26. A member who qualifies for invalidity pension but does not satisfy Invalidity the conditions under section eighteen, that member shall be entitled to a lump-sum payment lump-sum payment as may be prescribed by the Authority. 27. (1) The Authority shall appoint medical boards or appoint medical Establishment officers for the purpose of examining claimants or beneficiaries who of medical have claims to any benefits under this Act. boards and appointment of medical officers (2) A member of the medical board or a medical officer shall be paid such remuneration or allowance as the Authority may determine. (3) The procedure for medical boards, guidelines to be followed and reports to be prepared by the medical boards and submitted to the Authority shall be prescribed by the Minister, by statutory instrument. 28. (1) A person shall apply for a claim for invalidity benefits to the Director-General. (2) The Director-General shall refer a claim submitted under subsection Medical examinations
(1) to a medical board for determination. (3) The Director-General may, at any time after the award of an invalidity pension, refer a person who receives an invalidity pension to a medical board to determine the medical state of the permanent invalidity. (4) A claim to invalidity benefit referred to a medical board shall be, in a manner prescribed by regulations made under section fifty-three. (5) A beneficiary of an invalidity pension shall cease to receive his invalidity pension if he fails to comply with directions of the Director-General under subsection (2), to be medically examined by a medical Board and to supply all necessary documents or information as may be necessary for the purposes of determining his continued entitlement. 29. Subject to this Act, a survivor's benefits shall be paid to a member Survivor's of the family or a dependant if at any time of death the memberbenefits (a) was in receipt of a retirement pension or an invalidity pension;
(b) would have been entitled to an invalidity pension for permanent invalidity at the time of death; or (c) had reached pensionable age and was entitled to a retirement benefit and had made a claim to such benefit. 30. The following persons shall be regarded as family dependants for the purpose of section twenty-nine: (a) (b) a surviving spouse of the deceased member; a child of the deceased member; or Family dependants
(c) such other persons as may be entitled to benefit under the Cap. 59 Intestate Succession Act or Wills and Administration of Testate Estates Cap. 60 Act or as nominated by the member.
31. The pension payable to each family dependant shall be at a rate prescribed and payable to the deceased member or the pension that would have been payable to him under section eighteen or section twenty-one. 32. Survivor's pensions shall be paid to-
Survivor's pensions
Duration of survivor's pensions
(a) a surviving spouse who, at the date of death of the deceased member is forty-five years old or above or is under the age of forty-five and has the care for dependant children under the age of fifteen, for life or until his remarriage; (b) a surviving spouse who, at the date of death of the deceased member, is under the age of forty-five and does not have the care of children under the age of fifteen years, for a period of two years from the date of death of the member; (c) a child, until the age of eighteen years or until the child completes full-time education but not later than the age of twenty-five or, if the child is an invalid, for life. 33. Where a deceased member did not satisfy the qualifying conditions Survivor's specified in section twenty-six, his family dependants shall be entitled to lump-sum a lump-sum payment prescribed by the Minister by statutory instrument. 34. (1) On the death of a member who has paid at least twelve monthly Funeral grants contributions during the thirty-six months immediately preceding his death, a funeral grant in the form of a lump-sum shall be paid to his next of kin. (2) The lump-sum referred to under subsection (1) shall be determined by the Minister by statutory instrument. (3) For the purpose of this section, the next of kin shall be the surviving spouse, or, in the case of an unmarried person, the father or mother, brother or sister or the person responsible for the payment of funeral expenses.
35. The Authority shall review the pension rates annually and adjust them in line with increases in national average earnings. 36. (1) A person shall have the right to benefits if he-
Adjustment of benefits Time and manner of making claims
(a) makes a claim to the Director-General in the prescribed manner within the prescribed time; and (b) produces such certificates, documents, information and evidence for the purpose of determining his right to benefits as the-Director-General may require. (2) The contributing employer shall maintain records, or reports and such other information as may be prescribed by the Minister by statutory instrument for the purpose of establishing any person's entitlement to any benefits. 37. (1) Any person who fails to disclose or misrepresents any material fact, whether such non-disclosure or misrepresentation is or is not fraudulent and receives any benefits he was not entitled to receive shall be liable to repay the benefits so received. (2) Any person liable to repay any benefits received under subsection (1) shall repay the benefits and the Authority shall recover by deducting from any payment or benefit to which the person referred to in subsection (1) is entitled. 38. Every assignment or charge on benefits and every agreement to assign or charge any benefit shall be void, and on the bankruptcy of a beneficiary the benefit shall not pass to any trustee or other person acting on behalf of creditors. 39. The Minister may by statutory instrument prescribeBenefits to be inalienable Repayment of benefit improperly received
Transitional provisions for benefits
(a) the conditions for qualifications for entitlement to benefits under this Part in respect of members who are above a prescribed age on the day the Act comes into force; (b) that member of the existing fund may convert the amount in their account under that fund into pensionable employment for the purpose of entitlement to retirement pension or invalidity pension in accordance with a prescribed formula; or (c) the transfer of pensionable employment in respect of persons covered under other pension legislation before the date of commencement of this Act.
PART VI MANAGEMENT OF SCHEME Management 40. (1) The Authority shall prudentially manage the Scheme so as to ensure that at all times it is in a state of actuarial correctness, financially objectives of Scheme sustainable, fair in its benefit distribution and is affordable. (2) Notwithstanding the generality of subsection (1), the Authority shall Cap. 255 ensure that the Scheme is managed in accordance with the prudential management principles specified in the Pension Scheme Regulation Act. 41. The Authority may invest any liquid assets of the Scheme not immediately required to meet any charges or obligations in(a) a savings account of any bank or institution which is governed by any written law of Zambia or by the law of the United Kingdom of Great Britain and Northern Ireland, or on fixed deposit or at call with any such bank or institution; (b) real estate; Investment of Fund
(c) stocks, securities or funds issued by or on behalf of the Government or in stocks, securities or funds guaranteed by the Government; or
(d) such other investment as may be approved generally or specially, by the Authority. 42. There shall be charged on, and discharged from, the liquid assets of Application of the SchemeFunds of Scheme (a) Act; the payment of benefits in accordance with the provisions of this
(b) the whole of the expenses incurred in connection with or incidental to the management and administration of the Scheme, including the cost of staff and the audit and actuarial investigations of the Scheme; (c) any losses incurred on the realisation or decrease in the value of any assets of the Scheme; and (d) any other payments authorised to be made out of the Scheme under the provisions of this Act. 43. The Authority shall appoint any actuary who shall be a Fellow of Appointment of the Institute of Actuaries of London, the Faculty of Actuaries in actuary Scotland or Institute of Actuaries of America or any other equivalent qualifications to carry out the duties and exercise the powers imposed or conferred upon him under this Act. 44. (1) The Scheme shall be valued by an actuary as may be required by Actuarial the Authority. valuation of Scheme (2) The Scheme shall be valued at intervals not exceeding three years. (3) The actuary shall(a) prepare a report on the state of the Scheme;
(b) (c)
state any surplus or deficiency in the Scheme; and recommend the action to be taken.
(4) The actuary shall submit the report prepared under subsection (3) to the Authority with a copy to the Minister. 45. (1) The Authority shall pay due regard to any recommendations made by the actuary under section forty-four and, in doing so may, notwithstanding anything to the contrary contained in this Act(a) increase or decrease in the rates of contribution payable in respect of members; or (b) require members to pay such sums as the actuary may determine to cover any deficiency directly attributable to an action of such member. (2) The Authority shall report to the Minister its reasons for failing to carry out any recommendations made by the actuary. (3) If, within six months of the receipt of a report by the Authority, the Authority fails to carry out any recommendation contained in such report, the Minister may, exercise any of the powers conferred on the Authority by subsection (1), and the exercise of such powers by the Minister shall have the same effect as if such powers were exercised by the Authority. Action on actuarial report
PART VII MISCELLANEOUS 46. On the appointed date, there shall vest in, and be owned by the Authority without further assurance, all property, rights, liabilities and obligations which immediately before the appointed date, were the property, rights, liabilities and obligations of the existing fund. Vesting of assets and transfer of liabilities
47. (1) All property, rights, liabilities or obligations of the existing fund Registration of shall be transferred to the Authority and where any written law provides property to be for registration, the Authority shall make an application in writing to the transferred proper officer or the appropriate registration authority for the registration of the transfer. (2) The proper officer referred to in subsection (1) shall make such entries in the appropriate register as shall give effect to the transfer and, where appropriate, issue the transferee concerned with a certificate to the register, as the case may be, and shall make endorsements on the deeds relating to the title, right or obligation concerned. 48. (1) Without prejudice to the other provisions of this Act, where any Legal right, liability or obligation vests in the existing fund,the Authority and proceedings all other persons, as from the commencement of this Act, shall have the same right, powers and remedies (and in particular the same rights as to the instituting or defending of legal proceedings or the making or resisting of applications to any authority) for ascertaining, or enforcing those rights, liabilities or obligations as they would have at all times been a right, liability or obligation of the existing fund under the repealed Act. (2) Any legal proceedings or application to any authority pending immediately before the commencement or this Act by or against the existing fund in relation to the assets transferred to the Authority, may be continued by or against the authority. (3) After the commencement of this Act, proceedings in respect of any right or obligations which were vested in, held, enjoyed incurred or suffered by the existing fund may be instituted by, or against the Authority. 49. Notwithstanding anything contrary contained in any written law, Protection where any judgement or order has been obtained against a member, no against execution or attachment or process of any nature shall be issued against attachment his contributions, except in accordance with the terms of the Authority and such contributions shall not form part of the assets of the member in the event of bankruptcy.
50. (1) The Minister may, by statutory instrument, approve arrangements under which all or some of the employees of the existing fund shall be transferred to the Authority. (2) Where a person is transferred in accordance with the arrangements made under subsection (1), his terms and conditions with the Authority shall be no less favourable than those enjoyed while employed by the existing fund and for the purposes of determining his rights to or eligibility for any pension, gratuity, leave or other benefits, his previous service with the existing fund shall be treated as service with the Authority. 51. (1) Any person who-
Transfer of staff
Offences and penalties
(a) evades paying for any contribution by him or some other person and makes any false statement or representation; (b) fails to register within the period specified in or under this Act when required to register, (c) when required by or under this Act to furnish any information, without lawful excuse, fails to disclose that information or furnishes information which is false; (d) fails to pay to the Scheme within the period specified any contribution which he is liable to pay under this Act; (e) obstructs any inspector, officer or servant of the Scheme in the discharge of his duties; (f) fails without lawful excuse to produce documents which he has been required under this Act to produce; (g) by duress obtains the consent of employees to any course of action provided for under subsection (6) of section thirteen; (h) deducts from a member's wages any amount by way of the member's share which is in excess of the amount due to be deducted under this Act; or
(i)
contravenes any other provision of this Act:
shall be guilty of an offence and shall be liable on conviction to a fine not exceeding one thousand penalty units or to imprisonment for a term not exceeding three months or to both. (2) Notwithstanding the provisions of subsection (1), the court before which any person is convicted of an offence under this Act may, without prejudice to any civil remedy, order that person to pay to the Scheme the amount of any contributions. together with any interest or penalty, certified to be due from that person to the Scheme at the date of conviction; and such amount shall be recovered in the same manner as a fine and shall be paid into the Scheme for the credit, where applicable, of the accounts of the members concerned. 52. Any person who contravenes any provision not provided for under General penalty this Act shall be guilty of an offence and shall be liable upon conviction to a fine not exceeding five thousand penalty units or to imprisonment for a term not exceeding three years or to both. 53. (1) The Minister may, by statutory instrument, make regulations for Regulations the better carrying out of provisions of this Act. (2) Notwithstanding subsection (1), the regulations prescribed under subsection (1) shall provide for(a) the prevention of the receipt of more than one benefit and the adjustment of benefits in special circumstances; (b) the time and manner of the payment of benefit and the information to be furnished by any person applying for payment; (c) suspending payment of benefit to any person during any period when he(i) is absent from Zambia subject to any contrary provisions contained in any social security bilateral agreement or international convention ratified by Zambia; or
(ii)
is legally imprisoned or under some other legal custody:
Provided that specifications are prescribed for the circumstances and manner in which payment of the whole or any part of the benefit may instead of being so suspended may be paid during any such period to any person nominated by the beneficiary, or for the maintenance of any prescribed person who the Director-General is satisfied is a dependent of the beneficiary; (d) appointing a person to exercise on behalf of any other person who, as a minor is unable to act, any power or right which that other person may be entitled to exercise under this Act and to authorise the person so appointed to receive and deal with any sum payable by way of benefit to that other person; (e) a claim to be made or proceeded with in the name of any person who is dead, for authorising payment to or among persons claiming as his or personal representatives, legatees, next-of-kin, creditors or otherwise and for dispensing with strict proof of title of persons so claiming; and (f) such other matters as may be necessary for proper administration of benefits, including the obligations of claimants. beneficiaries and employers. 54. The National Provident Fund Act is hereby repealed. Repeal of Cap. 513 of the 1972 edition
FIRST SCHEDULE (Section 3)

ADMINISTRATION PART I 1. (1) The members of the Authority shall be(a) two representatives from such associations of employees as the Minister shall designate; (b) two representatives from such associations of employers as the Composition of the Authority
Minister shall designate; (c) a representative and an alternate member from the Ministry responsible for finance; (d) a representative and an alternate member from the Ministry responsible for social security; (e) (f) (g) a representative of the Bank of Zambia; a representative of the Bankers Association of Zambia; and a representative of the Pension Managers Association.
(2) The members referred to in subsection (1) shall be appointed by the Minister. (3) The Chairperson shall be appointed by the Minister. (4) The Vice-Chairperson shall be elected from amongst the members. 2. (1) The seal of the Authority shall be such device as may be determined by the Authority and shall be kept by the Secretary. (2) The affixing of the seal shall be authenticated by the Chairperson or the Vice-Chairperson and the Secretary or one other person authorised in that behalf by a resolution of the Authority. (3) Any contract or instrument which, if entered into or executed by a person not being a body corporate, would not be required to be under seal, may be entered into or executed without seal on behalf of the Authority by the Secretary or any other person generally or specifically authorised by the Authority in that behalf. (4) Any document purporting to be a document under the seal of the Authority or issued on behalf of the Authority shall be received in evidence and shall be executed or issued as the case may be, without further proof, unless the contrary is proved. 3. (1) Subject to the other provisions of this Act, a member shall hold Tenure of office office for a period of three years from the date of appointment and may of member be re-appointed for a like period. (2) A member may resign by giving one month's notice in writing to the Secretary. 4. Notwithstanding paragraph 3, the Authority may, at any time, with the approval of the Minister remove a person from the Office of memberRemoval of member Seal of Authority
(a) if that person has been absent from three consecutive meetings of the Authority and that absence was in the opinion of the Authority without reasonable excuse; or (b) if the Authority is satisfied that the continuance of that person in the office of member will be prejudicial to the interest of the Scheme. 5. (1) Whenever the office of a member becomes vacant before the expiry of the term of office, the Minister may appoint another member in place of the member who vacates the office. 6. (1) Subject to the other provisions of this Act, the Authority may regulate its own procedure. (2) The Authority shall meet for the transaction of business, at least once in every three months at such places and at such times as the Chairperson may decide. (3) Upon giving notice of not less than fourteen days, a meeting of the Authority may be called by the Chairperson and shall be called if not less than one third of the members so request in writing: Provided that if the urgency of any particular matter does not permit the giving of such notice, a special meeting may be called upon giving a shorter notice. (4) The quorum at any meeting of the Authority shall be the Chairperson or the Vice-Chairperson and three other members. (5) There shall preside at any meeting of the Authority(a) the Chairperson; or (b) in the absence of the Chairperson or Vice Chairperson, such member as the members present may elect from amongst themselves for the purpose of that meeting. (6) A decision of the Authority on any question shall be by a majority of the members present and voting at the meeting and, in the event of an equality of votes, the person presiding at the meeting shall have a casting vote in addition to the deliberative vote. (7) Where a member is for any reasonable cause unable to attend any meeting of the Authority, he may, in writing, nominate another person from the same organisation to attend such meeting in his stead and such person shall be deemed to be a member for the purpose of such meeting. (8) The Authority may invite any person, whose presence in its opinion is desirable, to attend and to participate in the deliberations of a meeting Filling of casual vacancy
Proceedings of Authority
of the Authority but such person shall have no vote. (9) The validity of any proceedings, act or decision of the Authority shall not be affected by any vacancy in the membership of the Authority or by any defect in the appointment of any member or by reason that any person not entitled so to do, took part in the proceedings. (10) The Authority shall cause minutes to be kept of the proceedings of every meeting of the Authority and every meeting of any committee established by the Authority. 7. (1) The Authority may, for the purpose of performing its functions Committees of under this Act, establish committees and delegate to any such committee Authority such of its functions as it thinks fit. (2) The Authority may appoint as members of a committee established under subsection (1), persons who are or are not members of the Authority and such person shall hold office for such period as the Authority may determine. (3) Subject to any specific or general direction of the Authority any committee established under subsection (1), may regulate its own procedure. 8. There shall be paid to the members of the Authority or any committee Remuneration of the Authority such remuneration and allowances as the Authority and allowances may determine, with the approval of the Minister. of members 9. (1) If a member is present at a meeting of the Authority or any Disclosure of committee of the Authority at which any matter is the subject of interest consideration and in which matter the member's spouse is directly or indirectly interested in a private capacity the member shall, as soon as practicable after the commencement of the meeting, disclose such interest and shall not, unless the Authority otherwise directs, take part in any consideration or discussion of, or vote on, any question touching such matter. (2) A disclosure of interest made under this section shall be recorded in the minutes of the meeting at which it is made. 10. (1) A person shall not, without the consent in writing given by or on behalf of the Authority, publish or disclose to any unauthorised person, otherwise than in the course of his duties, the contents of any documents, communication or information whatsoever, which relates to, and which has come to his knowledge in the course of his duties Prohibition of publication of, or disclosure of information to unauthorised
under this Act. (2) Any person who contravenes the provisions of subparagraph (1) shall be guilty of an offence and shall be liable, upon conviction, to a fine not exceeding five hundred penalty units or to imprisonment for a term not exceeding three years, or to both. (3) If any person having information which to his knowledge has been published or disclosed in contravention of sub-paragraph (1) unlawfully publishes or communicates any such information to any other person, he shall be guilty of an offence and shall be liable, upon conviction, to a fine not exceeding five hundred penalty units or to imprisonment for a term not exceeding three months or to both. FINANCIAL PROVISIONS PART II
persons
11. (1) The funds of the Authority shall consist of such money as may- Funds of Authority (a) be paid to the Authority by way of contributions, fees, levy, grants or donations; or (b) vest in or accrue to the Authority.
(2) The Authority may(a) accept moneys by way of grants or donations from any source; (b) raise by way of loans or otherwise, such moneys as it may require for the discharge of its functions; or (c) charge and collect fees for services provided by the Authority.
(3) There shall be paid from the funds of the Authority(a) the salaries, allowances and loans of the staff of the Authority; (b) such reasonable travelling, transport and subsistence allowances for members or members of any committee of the Authority when engaged on the business of Authority, at such rates as the Authority may determine; and (c) any other expenses incurred by the Authority in the performance of its functions. (4) The Authority may invest in such manner as it thinks fit such of its funds it does not immediately require for the performance of its functions. 12. The Financial year of the Authority shall be the period of twelve Financial year
months ending on the 31st of December, in each year. 13. The Authority shall cause to be kept proper books of account and other records relating to its accounts. Accounts
14. (1) As soon as practicable, but not later than six months after the Annual report expiry of each financial year, the Authority shall submit to the Minister a report concerning its activities during such financial year. (2) The report referred to in paragraph (1) shall include information on the financial affairs of the Authority and there shall be appended thereto(a) (b) (c) an audited balance sheet; an audited statement of income and expenditure; and such other information as the Minister may require.
(3) The Minister shall, not later than thirty days after the first sitting of the National Assembly next after the receipt of the report referred to in sub-paragraph (1), lay it before the National Assembly.
SECOND SCHEDULE
(Section 10) PERSONS EXEMPTED FROM THE PROVISIONS OF THE ACT The following persons shall not be required to register as members of the National Pension Scheme: (a) an employed person whose monthly earnings are less than K 15,000; (b) the spouse of the employer: (c) a member of the family of the employer who ordinarily resides with the employer, (d) an employee of an international organisation who is not a citizen of Zambia; (e) an employee of a foreign government who is accorded diplomatic or equivalent status and who is not a citizen of Zambia; (f) a member of the armed forces; and (g) a public officer appointed before this Act comes into force and who is on pensionable employment under the Public Service Pensions
Fund or the Local Authorities Superannuation Fund.
CHAPTER 257 THE NATIONAL ASSEMBLY STAFF ACT

Section 1. 2. 3. 4. 5. 6. 7. Short Title Interpretation Clerk of the National Assembly Officers of National Assembly Appointments Status of persons in current service Orders by Speaker
CHAPTER 257
THE NATIONAL ASSEMBLY STAFF ACT An Act to provide for the establishment of the office of the Clerk of the National Assembly; to provide for such other officers in the department of the Clerk of the National Assembly; and to provide for matters connected with or incidental to the foregoing. [20th December, 1991] 1. This Act may be cited as the National Assembly Staff Act.
Act 25 of 1991
Short Title Interpretation
2. In this Act, unless the context otherwise requires"Clerk" means the person appointed Clerk of the National Assembly under section three.
"officer" means a person who holds or acts in any office in the department of the Clerk. "Speaker" means the person appointed Speaker of the National Assembly under the Constitution. 3. (1) There shall be a Clerk of the National Assembly who shall be appointed by the President: Clerk of the National Assembly
Provided that no person shall be appointed Clerk unless a proposal for the appointment of that person has been submitted to the Assembly and the Assembly has resolved that he should be so appointed. (2) Subject to subsection (3), the Clerk shall vacate his office when he attains the age of fifty-five years. (3) The Clerk may be removed from office by resolution of the Assembly for inability to discharge the functions of his office, whether arising from infirmity of his body or mind, or for misbehaviour but shall not be otherwise removed. 4. There shall be such other officers in the department of the Clerk as may be prescribed by a resolution of the National Assembly. Officers of National Assembly Appointments
5. Power to appoint persons to hold or to act in any office in the department of the Clerk, other than the Office of the Clerk, and to exercise disciplinary control over persons holding or acting in such offices and to remove such persons from office, shall vest in the Speaker. 6. Any person appointed by virtue of the powers conferred by the Constitution of Zambia, 1973 or by any other law who is holding the office of Clerk of the National Assembly or is holding or acting in any office in the department of the Clerk shall continue in office as if the appointment was made under this Act.
Status of persons in current service
7. The Speaker may, with the approval of the National Assembly, make such orders prescribing the general conditions of service for, and the conduct of, officers under this Act. CHAPTER 258 THE PENSIONS (INCREASE) ACT
Orders by Speaker
Section 1. 2. 3. 4. 5. 6. Short title Interpretation Increase of pensions payable Saving Aggregation of pensions President's powers
SCHEDULE-Specified pensions
CHAPTER 258 27 of 1951 2 of 1954 36 of 1954 An Act to provide for the increase of certain pensions payable by the Government; and to provide for matters 33 of 1955 16 of 1956 incidental thereto or connected therewith. [25th July, 1951] 37 of 1957 28 of 1958 31 of 1960 5 of 1961 Government Notices 239 of 1964 497 of 1964 Statutory Instrument 144 of 1965
1.
This Act may be cited as the Pensions (Increase) Act.
2. In this Act, unless the context otherwise requires-
"appropriate Commission" shall have the meaning assigned to that expression in the Constitution; "the Governments" means the Government of Zambia, or in respect of any period before the 24th October, 1964, the Government of the former Protectorate of Northern Rhodesia; "other service" means public service not under the Governments; "pension" means any pension or other benefit payable by way of periodical payments, but does not include any gratuity or any sum payable otherwise than by way of periodical payments. (As amended by No. 2 of 1954, No. 16 of 1956, No. 37 of 1957, No. 28 of 1958, No. 5 of 1961 and S.I. No. 144 of 1965) 3. (1) Where a pension became payable before the 2nd January, 1957, to any person eligible for the grant of a pension specified in the Schedule, the amount of such pension as increased in accordance with the provisions of this Act in force on the 30th June, 1960, shall be deemed to be pension for the purposes of subsection (3). (2) Where a pension specified in Part I of the Schedule became or becomes payable after the 1st January, 1957, to any person as a beneficiary of a deceased officer who retired before and died on or after the 1st January, 1946, the amount of such pension as increased in accordance with the provisions of this Act in force on the 30th June, 1960, shall be deemed to be pension for the purposes of subsection (3). (3) Every pension specified in subsections (1) and (2) shall, from the 1st July, 1960, or from the date on which such pension became or becomes payable, whichever is the later, be increased by seven and one-half per centum. (4) Subject to the provisions of subsections (5) and (6), and with the exception of any pension specified in subsection (2), where a pension became payable on or after the 2nd January, 1957, and before the 2nd July, 1960, to any person eligible for the grant of a pension specified in the Schedule, the amount of such pension shall, from the 1st July, 1960, be increased by seven and one-half per centum.
Cap. 1
Increase of pensions payable
(5) Where a pension became or becomes payable after the 1st January, 1957, to any person eligible for the grant of a pension specified in Part I of the Schedule, the pension granted shall not be increased unless the appropriate Commission, having regard to all the emoluments on which such pension is computed and to any general revision of salaries by which such emoluments may have been increased, otherwise orders if such person(a) retired or retires from other service; or
(b) is eligible for the grant of a pension as a dependant of a deceased officer who retired after the 31st December, 1945. (6) Where a pension became or becomes payable after the 1st January, 1957, to any person eligible for the grant of a pension specified in Part II of the Schedule and such person retired or retires from other service, the pension granted shall not be increased unless the appropriate Commission, having regard to all the emoluments of the office in respect of which such pension is computed and to any general revision of salaries by which the emoluments of such office may have been increased, otherwise orders. (No. 5 of 1961 as amended by G.N. No. 239 of 1964 and S.I. No. 144 of 1965) 4. Except as otherwise specifically provided, nothing in this Act shall Saving be deemed to authorise the increase of any gratuity, whether payable by way of commuted pension or otherwise, or other amount payable under the provisions of any enactment specified in the Schedule. 5. Where, after the 1st January, 1957, any person has become or Aggregation of becomes eligible for the grant of two or more pensions under one or pensions more of the items of the Schedule, the aggregate of such pensions shall be deemed for the purposes of this Act to be the pension payable to such person. (No. 37 of 1957) 6. The President may, with the approval of the National Assembly, by President's statutory noticepowers
(a)
amend the Schedule by making any addition thereto;
(b) vary the rate of increase specified in subsections (3) and (4) of section three. (As amended by No. 36 of 1954, No. 37 of 1957, No. 5 of 1961, G.N. No. 239 of 1964 and S.I. No. 144 of 1965) SCHEDULE (Section 3) SPECIFIED PENSIONS PART I 1. A pension payable out of the general revenues of the Republic to or in respect of the services of a European officer in accordance with the provisions of the Superannuation Acts, 1859 and 1887, of the United Kingdom. (As amended by G.N. No. 239 of 1964 and S.I. No. 144 of 1965) 2. A pension payable to or in respect of the services of a European officer in pursuance of a special resolution of the National Assembly. (As amended by G.N. No. 239 of 1964 and S.I. No. 144 of 1965) 3. A pension payable under the Public Servant's Agreements Act (Cap. 58 of the 1948 Edition of the Laws). 4. A pension payable under the European Officers' Pensions Act (Cap. 266). 5. A pension payable under the Widows' Pensions Act (Cap. 279). 6. Obsolete. 7. A pension payable to or in respect of the services of a European officer in accordance with the provisions of the Northern Rhodesia Police Act (Cap. 46 of the 1930 Edition of the Laws). 8. Obsolete. 9. Obsolete. 10. A pension payable to or in respect of the services of a European officer in accordance with the provisions of the Northern Rhodesia Police (Amendment) Proclamation, 1921. 11. A pension payable to or in respect of the services of a European officer in accordance with the provisions of the Civil Service Act (Cap. 57 of the 1964 Edition of the Laws).
12. A pension payable under the Hope and Hudson Pensions Act (Cap. 62 of the 1952 Edition of the Laws). PART II 1. A pension payable to or in respect of the services of an African policeman in accordance with the provisions of the Northern Rhodesia Police (Amendment) Proclamation, 1921. 2. A pension payable to or in respect of the services of an African policeman in accordance with the provisions of the Northern Rhodesia Police Act (Cap. 46 of the 1930 Edition of the Laws). 3. A pension payable to or in respect of the services of an African Civil Servant in accordance with the provisions of the Civil Service Act (Cap. 57 of the 1964 Edition of the Laws). 4. A pension payable under the Northern Rhodesia Police Act, 1933. 5. A pension payable under the Northern Rhodesia Regiment Act (Cap. 48 of the 1948 Edition of the Laws). 6. A pension payable under the Northern Rhodesia Police Act (Cap. 44 of the 1948 Edition of the Laws). 7. A pension payable to or in respect of the services of an African junior prison officer under the provisions of the Prisons Act (Cap. 43 of the 1948 Edition of the Laws). 8. A pension payable under the Northern Rhodesia Civil Service Proclamation, 1920. 9. A pension payable to or in respect of the services of a member of the Unified African Teaching Service in accordance with the provisions of the African Education Act (Cap. 135). (No. 28 of 1958)
CHAPTER 259 THE SERVICE COMMISSIONS ACT

ARRANGEMENT OF SERVICES
PART I PRELIMINARY
PART II SERVICE COMMISSIONS 3. 4. Judicial Service Commission Repealed by Act No. 43 of 1994
5. President may give general directions to Judicial Service Commission 6. Judicial Service Commission not subject to authority of any persons, etc. 7. 8. 9. 10. Additional Commissions and their responsibilities Members of a Commission Appointment of officers Directions by the President
PART III PROVISIONS RELATING TO ALL COMMISSIONS 11. 12. 13. 14. 15. 16. Secretary and other staff Oath on appointment Procedure Exercise of functions Privileged reports, etc. Privilege of Members
PART IV PENSIONS 17. Functions of a Commission in relation to pensions
PART V MISCELLANEOUS Section 18. Offence or false information
19. Publication and disclosure of information to unauthorised persons prohibited 20. 21. 22. Offence to influence or attempt to influence commission Regulations Has had its effect
FIRST SCHEDULE SECOND SCHEDULE

CHAPTER 259
SERVICE COMMISSIONS
Act No. 24 of 1991 An Act to provide for appointments in the Public Service for the 13 of 1994 functions and powers of the Judicial Service Commission, for the 19 of 1994 establishment, functions and powers of a Public Service Commission, a 43 of 1994 Teaching Service Commission, and a Police and Prisons Service 34 of 1996 Commission; and to provide for matters connected with and incidental to the foregoing. [6th September, 1991 PART I PRELIMINARY 1. This Act may be cited as the Service Commissions Act. Short title Interpretation
2. (1) In this Act, unless the context otherwise requires"appropriate Commission", in relation to any office, means the
Commission which, under this Act, is, or is deemed to be, charged with responsibility in respect of that office; "Commission" means, as the case may require, the Judicial Service Commission established by the Constitution or a Commission established by section seven of this Act; "Judicial Service Commission" means the Judicial Service Commission established under the Constitution; "member" means a member of a Commission; "Police and Prisons Service Commission" means the Police and Prisons Service Commission established under section seven; "Public Service" means the civil service of Zambia; "Public Service Commission" means the Public Service Commission established under section seven; "relevant regulations" means the regulations made by the appropriate Commission under section four; "responsible officer" means an officer designated as the responsible officer in the relevant regulations; "Teaching Service" means such offices in the public service as may be declared, by regulations made under section five, to constitute the Teaching Service; "Teaching Service Commission" means the Teaching Service Commission established under section seven; (As amended by Act No. 19 of 1994)
PART II THE SERVICE COMMISSIONS 3. (1) The Judicial Service Commission established by the Constitution shall be composed ofJudicial Service Commission Cap. 1
(a) (b) (c)
the Chief Justice, who shall be Chairman; the Attorney-General; the Chairman of the Public Service Commission or such other
member of that Commission as may, for the time being, be designated in that behalf by the Chairman of that Commission; (d) (e) (f) the Secretary to the Cabinet; a judge nominated by the Chief Justice; the Solicitor-General;
(g) a member of the National Assembly appointed by the Speaker of the National Assembly; (h) a member to represent the Law Association of Zambia nominated by that Association and appointed by the President; (i) (j) the Dean of the Law School of the University of Zambia, and one member appointed by the President.
(2) A person shall not be qualified for appointment under paragraph (j) of subsection (1) unless he holds or has held high judicial office, and a person appointed under that paragraph or paragraph (h) of subsection (1)(a) shall, subject to paragraph (b), vacate his office at the expiration of two years from the date of his appointment; and (b) may be removed from office by the President, but shall not be so removed except for inability to discharge the functions of his office, whether arising from infirmity of body or mind, or for misbehaviour. (As amended by Act No. 19 of 1994) 4. Repealed by Act No. 43 of 1994. President may give directions to Judicial Service Commission
5. Subject to section fourteen, the President may give to the Judicial Service Commission or to any person to whom the functions or powers of the Commission are delegated in accordance with regulations made under section twenty-one such general directions as the President may consider, necessary, and the Commission or that person shall comply
with such direction. (As amended by Act No. 19 of 1994) 6. Except as provided in section five, the Judicial Service Commission Judicial Service shall not be subject to the direction or control of any person or authority Commission in the exercise of its functions under the Constitution or under this Act. not subject to authority of any persons, etc. Additional Commissions (a) a Public Service Commission, which shall have the responsibility under this Act in respect of any office in the public service and their which does not fall within the responsibility of some other Commission; responsibilities 7. There is hereby established(b) a Teaching Service Commission, which shall have responsibility under this Act, in respect of the Teaching Service; (c) a Police and Prisons Service Commission, which shall have responsibility under this Act, in respect of all police and prisons officers. 8. (1) This section shall apply to the Commissions established by section seven. (2) A Commission shall consist of a Chairman, and Vice Chairman and not less than three nor more than five other members. (3) The members of a Commission shall be appointed by the President. (4) A person shall not be qualified for appointment as a member of a Commission if he holds the office of President or is a member of the National Assembly or a public officer: Provided that a public officer shall be qualified for appointment as a member of the Police and Prisons Service Commission. (5) Subject to the provisions of this section, the office of a member of a Commission shall become vacantMembers of a Commission
(a) or
at the expiration of three years from the date of his appointment;
(b) if any circumstances arise that, if he were not a member of the Commission, would cause him to be disqualified for appointment as such. (6) A member of a Commission may be removed from office by the President only for inability to discharge the functions of his office, whether arising from infirmity of body or mind, or for misbehaviour. (7) There shall preside at any meeting of a Commission the Chairperson, and in the absence of the Chairperson, the Vice-Chairperson. (7A) If the offices of the Chairperson and the Vice-Chairperson of a Commission are vacant or if the persons holding those offices are for any reason unable to perform the functions of their office, then, until persons have been appointed to and have assumed the functions of any of those offices or until the persons holding those offices have resumed their functions, as the case may be, those functions shall be performed by such one or more of the other members of the Commission as may be designated in that behalf by the President. (8) If at any time there are less than three members of a Commission besides the Chairman or if any such member is appointed to act as Chairman or is for any reason unable to perform the functions of his office, the President may appoint a person who is qualified for appointment as a member of such Commission to act as a member, and any person so appointed shall, subject to the provisions of paragraph (b) of subsection (5) continue to act until the office in which he is acting is filled or until the holder thereof resumes his functions or until his appointment to act is revoked by the President as the case may be. (As amended by Acts No. 19 of 1994 and 34 of 1996) 9. (1) Subject to the Constitution, power to appoint persons to hold or act in any office in the public service, the teaching service, the Zambia Police Force or the Zambia prisons service, including the power to confirm appointments, to exercise disciplinary control over persons holding or acting in such offices and to remove any such person from Appointment of officers
office shall vest in the President. (2) The President shall appoint persons to the following offices: (a) Deputy Secretary to the Cabinet, Permanent Secretary, inspector General of Police, Commissioner of Police, Commissioner of Prisons or any other person holding or acting in any of those offices; (b) Ambassador, High Commissioner, or Principal Representative of Zambia in another country. (As amended by Act No. 19 of 1994) 10. Subject to section thirteen the President may give to a Commission Directions by the President established by section seven or to any public officer to whom the functions or powers of such Commission are delegated in accordance with regulations made under section twenty-two such general directions with respect to the exercise of the functions of the Commission under section seven as the President may consider necessary and the Commission or that public officer shall comply with those directions. (As amended by Act No. 19 of 1994)
PART III PROVISIONS RELATING TO ALL COMMISSIONS 11. There shall be a secretary to a Commission and such other members of staff as a Commission may consider necessary. Secretary and other staff
12. (1) Every member of a Commission shall, on appointment, take an Oath on oath in the form set out in the First Schedule. appointment (2) The secretary and such other members of staff of a Commission as the Chairman may require so to do, shall, on appointment, take an oath in the form set out in the Second Schedule. (3) Where any person is required to take an oath under this section and-
(a) (b)
he has no religious belief; or the taking of an oath is contrary to his religious belief;
he may make and subscribe a solemn affirmation in the form of the oath appointed, substituting the words "solemnly and sincerely declare and affirm" for the word "swear" and omitting the words "so help me God". (4) Every oath or affirmation taken by a member shall be administered by a judge and every oath or affirmation taken by the secretary or any other member of the staff of a Commission shall be administered by a commissioner for oaths. 13. (1) Every meeting of a Commission shall be presided over by the Chairman. (2) Subject to subsection (3), a Commission may act notwithstanding a vacancy in the office of a member thereof or the absence of a member. (3) Any decision of a Commission shall require the support of the votes of the majority of all the members: Provided that, if upon any question the votes are equally divided, the Chairman shall have a casting vote. (4) A decision may be made by a Commission without a meeting by circulating the relevant papers among the members and the members may express their views in writing but any member shall be entitled to require that any such decision shall be deferred until the subject-matter is considered at a meeting of the Commission. (5) Any member shall be entitled to dissent from a decision of the Commission and to have his dissent and his reasons therefor set out in the records of the Commission. (6) Subject to the other provisions of this Act and of regulations made by the Commission, a Commission may determine its own procedure. Procedure
14. (1) A Commission shall not exercise its powers in connection with Exercise of the dismissal, disciplinary action or termination of appointment of any functions officer holding an office for which it is responsible under this Act except in accordance with the provisions of the relevant regulations. (2) A Commission, at the request of a responsible officer shall hear the responsible officer personally in connection with any recommendation made by him to the Commission. (As amended by Act No 19 of 1994) 15. Any report, statement or other communication or record of any Privileged reports, etc. meeting, inquiry or proceedings of a Commission relating to the exercise of its functions or any report, statement or other communications or record made by a member in the course of his duties, and any application form, report or other communication despatched to the Commission in connection with the exercise of its functions, and in the possession of the Commission, shall be privileged in that its production may not be compelled in any legal proceedings unless the Chairman certifies that such production is not against the public interest. Privilege of 16. Every member of a Commission shall have such protection and privilege in case of any action or suit brought against him for any act members done or attempted to be done in the bona fide execution of his duties, as is by law given to the acts done or words spoken by a judge in the exercise of his judicial office.
PART IV PENSIONS 17. (1) Where under any law any person or authority has a discretionFunctions of a Commission in relation to pensions
(a) (b)
to decide whether or not any pension benefits shall be granted; or to withhold, reduce in amount or suspend any such benefits that
have been granted; those benefits shall be granted and may not be withheld, reduced in amount or suspended unless the appropriate Commission concurs in the refusal to grant the benefit or, in the decision to withhold them, reduce them in amount or suspend them, as the case may be. (2) Where the amount of any pensions benefits that may be granted to any person is not fixed by law, the amount of the benefits to be granted to him shall be the greatest amount for which he is eligible unless the appropriate Commission concurs in his being granted benefits of a smaller amount. (3) For the purpose of this section, where a person ceases to be a public officer before the establishment of a Commission the appropriate Commission means the Commission which would have the responsibility under this Act were the officer still to hold his last public office. (4) In this section "pensions benefits" means any pensions' compensation, gratuities or other like allowances for persons in respect of their service as public officers, including service as members of the teaching service, and services as public officers under, the Government of the territories which on the 24th October, 1964, became the sovereign Republic of Zambia or for the widows, children, dependants or personal representatives of such persons in respect of such service.
PART V MISCELLANEOUS 18. Any person who, in connection with the exercise of any function of Offence of false a Commission, wilfully gives to the Commission or any member information thereof, any information which he knows to be false or misleading in any material particular shall be guilty of an offence and shall be liable on conviction to a fine not exceeding one hundred penalty units. (As amended by Act No. 13 of 1994) 19. (1) No member of a Commission or of the staff of a Commission or Publication and any other person shall, without the consent in writing of the appropriate disclosure of
authority, publish or disclose to any person otherwise than in the course of his duties the contents or any part of the contents of any documents, communication or information whatsoever, which has come to his knowledge in the course of his duties under this Act or any regulation made thereunder; and any person who knowingly acts in contravention of any of the provisions of this subsection shall be guilty of an offence and shall be liable upon conviction to a fine not exceeding one hundred penalty units (2) If any person having information which to his knowledge has been published or disclosed in contravention of subsection (1) publishes or communicates any such information to any other person, otherwise than for the purpose of any prosecution under this Act or in the course of his duty, he shall be guilty of an offence and shall be liable upon conviction to a fine not exceeding one hundred penalty units. (3) In this section, "the appropriate authority" in relation to the Judicial Service Commission means the Chief Justice, and in relation to any other Commission means the Minister. (As amended by Act No. 13 of 1994) 20. Any person who otherwise than in the course of his duties directly or indirectly by himself or by any other person in any manner whatsoever influences or attempts to influence any decision of the Commission shall be guilty of an offence and shall be liable upon conviction to a fine not exceeding one hundred penalty units. Provided that nothing in this section shall prohibit any person from giving a certificate or testimonial to any applicant or candidate for any office or prohibit any person from supplying any information or assistance upon formal request made by the Commission. (As amended by Act No. 13 of 1994) 21. (1) A Commission may, by statutory instrument made with the consent of the President, make regulations for the appointment, including the power to confirm appointments of persons, to any office with respect to which it is charged with responsibility under this Act, promotions to such offices, the disciplinary control of persons holding or acting in such offices the termination of appointments and the removal of such persons from office and the practice and procedure of
information to unauthorised persons prohibited
Offence to influence or attempt to influence Commission
Regulations
the Commission in the exercise of its functions under this Act. (2) Without prejudice to the generality of subsection (1), regulations under this section may make provision for(a) prescribing the qualification for appointment or promotion to any post and such training courses as shall be considered necessary for promoting or maintaining efficiency; (b) the transfer or secondment of any person holding any such office. (3) Regulations under this section may make different provisions for different categories of officers and may authorise the Commission to delegate any of its functions or powers to any responsible officer or officer subordinate to a responsible officer. 22. Has had its effect.
FIRST SCHEDULE
(Section 12 (1))
OATH OF MEMBER OF COMMISSION

I having been appointed as Chairman/member of the .............................. Service Commission do swear that I will, without fear or favour, affection or ill will, discharge the functions of the office of Chairman/member of the Commission, and that I will not, directly or indirectly, reveal any matters relating to such functions to any unauthorised person or otherwise than in the course of my duties. SO HELP ME GOD Sworn/Declared before me this ................................ day of ................................ , 19 ......... Judge
SECOND SCHEDULE
(Section 12 (2))
OATH OF SECRETARY AND OTHER EMPLOYEES OF COMMISSION

I, having been appointed to exercise the functions of secretary to/member of the staff of the Service Commission, do swear that I will not directly or indirectly, reveal to any unauthorised person or otherwise than in the course of duty the contents or any part of the contents of any document, communication or information whatsoever which may come to my knowledge in the course of my duties as such. SO HELP ME GOD Sworn/Declared before me this .............................. day of ............................. , 19 ........... Commissioner for Oaths
THE JUDICIAL SERVICE COMMISSION REGULATIONS [ARRANGEMENT OF REGULATIONS]
PART I PRELIMINARY
Regulation 1. 2. Title Interpretation and application
PART II GENERAL
3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13.
Secretary and staff Presiding at meetings Record of meetings Decisions by circulation of papers Dissent Quorum Disclosure Matters to be considered by Commission Consultation and selection boards Obligation to conform with regulations under the Constitution Irregular representations
PART III APPOINTMENTS (INCLUDING PROMOTIONS AND TRANSFERS), CONFIRMATION OF APPOINTMENTS, PASSING OF PROMOTION BARS AND TERMINOLOGY OF APPOINTMENTS (OTHERWISE THAN BY DISCIPLINARY PROCEEDINGS)
14. 15. 16. 17. 18. 19. 20. Advertisements Procedure and forms Vacancies Vacancies to be filled after course of study Recruitment outside Zambia Appointments Probationary appointments
21. 22. 23.
Retirement on attaining pensionable age Promotion bars Further report
24. Renewal of agreements and admission to the permanent and pensionable establishment
PART IV DISCIPLINE
25. Interdiction 26. Procedure following criminal conviction or absence from duty without leave or detention 27. 28. 29. Report of institution of criminal proceedings Proceedings after acquittal on criminal charges Procedure when criminal offence may have been committed
30. Decision in disciplinary proceedings to be communicated to officer concerned 31. 32. Misconduct justifying dismissal Misconduct not justifying dismissal
33A. Retirement on abolition of office to effect greater efficiency or economy 33B. 33C. 34. 35. 36. Retirement on medical grounds Retirement in national interest Procedure on criminal conviction The withholding and restoration of increments Punishments which the Commission may impose
37. Report of unsatisfactory conduct of officer serving on agreement 37A. 38. Removal of judicial officer for incompetence or negligence Service of agreements
PART V MISCELLANEOUS
39. 40. 41.
Production of relevant documents, etc. Correspondence Cases not otherwise provided for Government Notices 490 of 1964 497 of 1964 Statutory Instruments 192 of 1965 186 of 1967 72 of 1980 4 of 1988 Cap. 2
THE JUDICIAL SERVICE COMMISSION REGULATIONS Regulations made by the Judicial Service Commission, with the consent of the President, and continued in force by virtue of Section 15 of the Interpretation and General Provisions Act
PART I PRELIMINARY
1. These Regulations may be cited as the Judicial Service Commission Title Regulations. 2. (1) In these Regulations, unless the context otherwise requires"Chairman" means the Chairman of the Commission; "Commission" means the Judicial Service Commission established under the Constitution; "judicial office" means any office in relation to which these Regulations apply; "judicial officer" means the holder of any judicial office; "member" means any member of the Commission, including the Chairman; "responsible officer" means the Registrar of the High Court or such other officer as the Chief Justice may, in any particular case, appoint; "secretary" means the secretary to the Commission appointed under regulation 3. Interpretation and application
(2) These Regulations shall apply in relation to any of the following offices: (a) the office of Master or Deputy Master or Assistant Master of the Supreme Court; (b) the office of Registrar or Deputy Registrar or Assistant Registrar of the High Court; (c) the office of Senior Resident Magistrate, Resident Magistrate or Magistrate; (d) the office of Local Courts Adviser, local courts officer, presiding justice or local court justice; or (e) such other offices of presiding justice or member of any court of law or connected with any court of law as may be prescribed by or under an Act of Parliament. (3) In this regulation, references to the office of Magistrate do not Cap. 28 include references to any administrative office the holders of which are, under the provisions of the Subordinate Courts Act, entitled by virtue of that office to hold a subordinate court, and references to a court of law do not include references to a court-martial or to the Industrial Relations Court. (As amended by S.I. No. 72 of 1980)
PART II GENERAL
3. The Commission shall appoint a secretary to the Commission, who Secretary and shall not be a member of the Commission, and such other staff as it may staff from time to time consider necessary.
4. Every meeting of the Commission shall be presided over by the Presiding at Chairman or in the absence of the Chairman by a member elected in that meetings behalf by the members attending the meeting. 5. A record shall be kept of the members present and of the business transacted at every meeting of the Commission. Record of meetings
6. Decisions may be made by the Commission without a meeting by Decisions by circulation of the relevant papers among the members and the circulation of expression of their views in writing, but any member shall be entitled to papers require that any such decision shall be deferred until the subject-matter be considered at a meeting of the Commission. 7. Any member shall be entitled to dissent from a decision of the Commission and to have his dissent and his reasons therefor set out in the records of the Commission. Dissent
8. The Chairman or the member presiding and two members shall Quorum constitute a quorum for a meeting of the Commission and a like number of members will be required for a decision of the Commission arrived at by the circulation of written papers. (As amended by S.I. No. 72 of 1980) 9. No member of the Commission, nor the secretary nor any member Disclosure of the staff of the Commission nor any other person, shall publish or disclose to any person otherwise than in the exercise of his official functions the contents of any document, communication or information whatsoever which has come to his notice in the course of his duties. 10. In exercising its powers in connection with the appointment, promotion or transfer of judicial officers, the Commission shall have regard to the maintenance of the high standard of integrity and efficiency necessary in the judicial service and(a) shall give due consideration to officers serving in the judicial service or the public service and to residents of Zambia: (b) shall, in the case of officers serving in the judicial service, take into account qualifications, experience, merit as well as seniority; and; (c) where a post cannot be filled eitherMatters to be considered by Commission
(i) by the appointment or promotion of a suitable person already serving in the judicial service or the public service; or (ii) by the appointment of a suitable person who has successfully completed a course of study or training acceptable to the Commission; (As amended by S.I. No. 72 of 1980) Consultation 11. In exercising its powers in connection with the appointment or transfer of an officer serving in the judicial service or the public service, and selection boards the Commission may(a) consult with any other person or persons; and (b) seek the advice of a selection board constituted by the Chairman who may appoint to it members of the Commission and other persons who are not members of the Commission. (As amended by S.I. No. 72 of 1980) 12. The Commission shall not exercise its powers in connection with the dismissal, the disciplinary punishment or the termination of appointment otherwise than by way of dismissal, of any judicial officer in the judicial service except in accordance with the provisions of these Regulations or such other regulations as may be made from time to time by virtue of the provisions of the Constitution. (As amended by S.I. No. 72 of 1980) 13. In carrying out its duties the provisions of the Constitution or Irregular Service Commissions Act and these Regulations, the Commission shall represenatations not take into account any representations made to it otherwise than in Cap. 259 accordance with the Constitution or Service Commissions Act or with these Regulations: Provided that nothing in this regulation shall be deemed to prohibit the Commission taking into account a bona fide reference or testimonial of service. Obligation to conform with regulations under the Constitution
PART III
APPOINTMENTS (INCLUDING PROMOTIONS AND TRANSFERS), CONFIRMATION OF APPOINTMENTS, PASSING OF PROMOTION BARS AND TERMINATION OF APPOINTMENTS (OTHERWISE THAN BY DISCIPLINARY PROCEEDINGS)
14. The Commission, in its discretion shall determine the form of advertisements issued in accordance with the provisions of paragraph (c) of regulation 10 and the manner in which such advertisements are published. The qualifications specified in such advertisements shall be those approved by the Commission. Advertisements
15. The Commission shall determine the procedure to be followed in Procedure and dealing with applications for appointment to any judicial office forms including the proceedings of any selection board appointed by the Chairman to interview candidates. The Commission shall determine the forms to be used in connection with the discharge of its functions. 16. When a vacancy occurs or it is known that a vacancy will occur in Vacancies any judicial office the responsible officer will report the fact to the Commission and(a) if the responsible officer recommends that the vacancy should be filled by the appointment or promotion of a serving judicial officer he will so inform the Commission; (b) if the responsible officer is unable to recommend the promotion of a serving officer to fill a vacancy he shall inform the Commission of the names of the judicial officers serving in the particular grade or cadre from which the promotion would normally be made, and state his reasons why he does not consider the officers named suitable for promotion to the vacant post;
(c) if the responsible officer recommends that applications to fill the vacancy should be invited from serving officers or from both serving officers and the general public he will attach to his report a draft advertisement setting out details of the vacant post and the duties and qualifications attached to it; (d) if the responsible officer is unable to recommend that the vacancy should be filled immediately he will so inform the Commission and state his reasons therefor. 17. Where a vacancy is to be filled on the successful completion of a course of study or training designed to qualify a candidate for appointment to the judicial service the Commission may make such arrangements as it considers appropriate. 18. If the responsible officer is informed that the Commission has decided that a particular vacancy should be filled by recruitment from outside Zambia, he shall prepare an indent on the appropriate form and submit it to the Permanent Secretary (Establishment) who will be responsible for verifying the particulars contained therein. (As amended by No. 186 of 1967) 19. No appointment to the judicial service may be made before the Appointments Commission has determined the suitability of the candidate concerned. The secretary will inform the Permanent Secretary of appointments authorised by the Commission and the Permanent Secretary (Establishment) will advise the secretary of the initial rate of salary to be paid to the officers appointed. (As amended by No. 186 of 1967) 20. (1) Where a judicial officer holds a probationary appointment, three Probationary months before the expiration of the period of such probationary appointments appointment, the responsible officer shall consider(a) whether such officer should on such expiration be confirmed in a pensionable post; (b) whether a further period of probationary service is necessary to determine whether such officer should be so confirmed; or Vacancies to be filled after course of study
Recruitment outside Zambia
(c)
whether such officer should not remain in the service.
(2) If after consideration of the matters referred to in sub-regulation (1), the responsible officer is of the opinion that a judicial officer in a probationary appointment should be confirmed in a pensionable appointment the responsible officer, as soon as may be before the expiration of the period of probationary appointment, shall forward a recommendation that the officer be confirmed to the Commission. (3) If after consideration of the matters referred to in sub-regulation (1), the responsible officer is of the opinion that the work or conduct of a judicial officer in a probationary appointment has not been in all respects satisfactory, he shall so inform the officer in writing and indicate whether he proposes to recommend(a) an extension of the officer's probationary service to show whether he can overcome the defects noted; or (b) that the officer's probationary appointment should be terminated.
(4) The responsible officer shall, when giving to a judicial officer the information mentioned in sub-regulation (3), ask the officer if he has any representations to make, within a period to be appointed by the responsible officer, on the recommendations proposed. On the expiration of the period allowed to the officer to make any representations, the responsible officer shall forward a report on the officer, together with a copy of the letter to the officer and of the latter's representations, if any, his comments thereon and a recommendation whether the period of probationary service should be extended or that the officer should not remain in the service, to the Commission. (5) Where a judicial officer holds a probationary appointment and the responsible officer at any time during the period of such probationary appointment is of the opinion that such appointment should be terminated forthwith on the grounds of general unsuitability which renders the officer unlikely to justify confirmation in a pensionable office, the procedure prescribed in sub-regulations (3) and (4) shall be followed. (6) An offence or offences against discipline committed by an officer to
whom this regulation applies, or the conviction of such an officer on a criminal charge, shall be dealt with in accordance with Part IV. (As amended by No. 186 of 1967) 21. (1) The responsible officer shall, not later than six months before a judicial officer serving in his Ministry attains pensionable age, notify such judicial officer and the Commission of his impending date of retirement. (As amended by S.I. No. 4 of 1988) 22. (1) Not later than two months before a judicial officer is due to pass Promotion bars a promotion bar, a promotion bar certificate, in the approved form, will be forwarded by the responsible officer to the Commission. (2) If the responsible officer does not recommend that the officer should pass the promotion bar he shall so inform the officer, indicating the reasons therefor, and ask the judicial officer if he has any representations to make within a period to be appointed by the responsible officer. At the expiration of such period, the responsible officer shall forward a copy of his letter to the officer and the latter's representations, if any, and his comments thereon, together with the promotion bar certificate to the Commission. (As amended by No. 186 of 1967) 23. If upon consideration of a recommendation made by the Further report responsible officer under the provisions of regulation 21 or 22 that a judicial officer should be confirmed in a pensionable post or permitted to pass a promotion bar, as the case may be, the Commission is of the opinion that it requires further information, it may refer the matter back to the responsible officer for a further report. 24. (1) Where a judicial officer is serving on agreement for a specified period of service and the responsible officer desires to retain his services for a further tour of service, then, not later than thirty-three months after the officer's first day of resident service or three months before the judicial officer's last day of duty, whichever is the earlier, the responsible officer will invite the Judicial officer in writing either, if the judicial officer be so eligible, to apply for admission to the permanent and pensionable establishment or, if the judicial officer is ineligible for admission to the permanent and pensionable establishment, to apply to Renewal of agreements and admission to the permanent and pensionable establishment Retirement on attaining pensionable age Cap. 410
be engaged for a further period of service. If the judicial officer states either that he does not wish to be admitted to the permanent and pensionable establishment or to be engaged for a further period of service, no further action will be necessary. If the officer duly applies either to be admitted to the permanent and pensionable establishment or to be engaged for a further period of service, the responsible officer will forward to the Commission the officer's application together with his recommendation. (2) Where a judicial officer is serving on agreement for a specified period of service and the responsible officer does not wish to retain his services for a further period of service, then the responsible officer will so inform the judicial officer in writing not later than five months before the officer's last day of duty and ask the judicial officer if he has any representations to make within a period to be appointed by the responsible officer. If the judicial officer does not wish to make any representations or states that he does not wish to be engaged for a further period of service, no further action will be necessary. If the judicial officer does make any representations, the responsible officer will forward a full statement of reasons for recommending that the judicial officer should not be engaged for further service together with a copy of his letter to the judicial officer and the latter's representations, and his comments thereon, to the Commission. (As amended by No. 186 of 1967 and S.I. No. 72 of 1980)
PART IV DISCIPLINE
25. (1) If proceedings for dismissal are being taken or are about to be Suspension taken or if criminal proceedings are being instituted against a judicial officer the responsible officer may, if he considers that the public interest requires that the judicial officer should cease to exercise the powers and functions of his office, suspend the judicial officer from the exercise of those powers and functions. (2) A judicial officer who is suspended shall receive such salary, not being less than half his salary, as the responsible officer shall think fit.
(3) Where disciplinary or criminal proceedings have been taken or instituted against a judicial officer under suspension and such judicial officer is not dismissed or, as the case may be, convicted as a result of such proceedings, the whole of any salary withheld under the provisions of subregulation (2) shall be restored to him upon the termination of such proceedings. If the judicial officer is not dismissed or convicted but is subjected to some lesser punishment, he may be refunded such proportion of the emoluments withheld as the result of his suspension as the Commission shall think fit. (4) A judicial officer who is under suspension may not leave Zambia without the permission of the responsible officer. (5) In this regulation"criminal proceedings" include investigations into malpractices and embezzlement of public funds; "salary" means basic salary and, in the case of a judicial officer in receipt of overseas addition to salary or inducement pay, such overseas addition to salary or inducement pay as the case may be. 26. (1) Where, as a result of criminal proceedings, a judicial officer is convicted of an offence likely to warrant disciplinary proceedings for his dismissal, the responsible officer shall direct that the salary of such judicial officer be withheld as from the date of his conviction pending the determination of such disciplinary proceedings. Procedure following criminal conviction or absence from duty without leave or detention
(2) Where disciplinary proceedings instituted against a judicial officer convicted of a criminal offence do not result in his dismissal he shall be paid such proportion of his salary withheld under sub-regulation (1) as the Commission may direct. (3) Where a judicial officer absents himself from duty without leave for Cap. 106 more than ten days or where he is detained under the Preservation of Public Security Act, he shall be suspended from duty forthwith by the responsible officer who shall direct that the salary of such judicial officer be withheld as from the date of his suspension from duty pending the determination of disciplinary proceedings.
(4) Subject to the provisions of this regulation, the suspension of a judicial officer shall have effect during such period, and in accordance with such conditions, as the Commission shall specify by notice in writing to such judicial officer. Provided that, where it appears expedient, the Commission may at any time during such period abridge or extend such period by further notice in writing to such judicial officer. (As amended by S.I. No. 72 of 1980) 27. If criminal proceedings of a nature likely to warrant disciplinary proceedings are instituted against a judicial officer in any court, the responsible officer shall forthwith report the facts together with a statement as to whether the judicial officer has or has not been suspended from the exercise of his powers and functions to the Commission and the Permanent Secretary (Establishment). No proceedings for the dismissal of such a judicial officer upon any grounds involved in a criminal charge shall be taken until the conclusion of the criminal proceedings and the determination of any appeal therefrom. (As amended by S.I. No. 72 of 1980) 28. A judicial officer acquitted of a criminal charge in any court shall not be dismissed or otherwise punished on any charge upon which he has been acquitted, but noting in this regulation shall prevent his being dismissed or otherwise punished on any other charges arising out of his conduct in the matter, unless the charges raise substantially the same issue as those on which he has been acquitted. 29. If it comes to the notice of the responsible officer that a criminal offence likely to warrant disciplinary proceedings may have been committed by a judicial officer, the responsible officer shall consult the Director of Public Prosecutions as to whether criminal proceedings are being instituted against the judicial officer. If criminal proceedings are not being instituted, the responsible officer shall consider whether disciplinary action should be taken under the provisions of this Part. If the responsible officer considers that disciplinary action should be taken against the judicial officer the procedure prescribed in regulation 31, 32 or 35, as may be appropriate, shall be followed. (As amended by No. 192 of 1965 and S.I. No. 72 of 1980) Proceedings after acquittal on criminal charges Report of institution of criminal proceedings
Procedure when criminal offence may have been committed
30. Where proceedings have been completed against a judicial officer Decision in under the provisions of this Part, such judicial officer shall be informed- disciplinary proceedings to (a) of the decision but not of the reasons therefor, on each charge be which has been preferred against him; and communicated (b) of the penalty (if any) or other punishment to be imposed. to officer concerned (As amended by S.I. No. 72 of 1980) 31. (1) When the responsible officer considers it necessary to institute Misconduct not justifying disciplinary proceedings against any judicial officer on the grounds of dismissal misconduct which, if proved, would, in the opinion of the responsible officer, justify dismissal from the judicial service, he shall after such preliminary investigation as he considers necessary and after consulting the Director of Public Prosecutions as to the terms of the charge or charges, forward to the judicial a statement of the charge or charges framed against him together with a brief statement of the allegations, in so far as they are not clear from the charges themselves, on which each charge is based, and call upon such judicial officer to state in writing before a day to be specified by the responsible officer any grounds on which he relies to exculpate himself. (2) The responsible officer shall forward his report, the statement of the charge or charges, the reply, if any, of the accused judicial officer and his own comments thereon to the Commission. (3) If, upon consideration of the report of the responsible officer, the Commission is of the opinion that proceedings for the dismissal of the judicial officer should be continued, it shall inquire into the matter. (4) The Commission shall inform the accused judicial officer that on a specified day the charges made against him will be investigated and that he will be allowed or, if the Commission so determines, will be required to appear before it to defend himself. (5) If witnesses are examined by the Commission the accused officer shall be given an opportunity of being present and of putting questions on his own behalf to the witnesses and no documentary evidence shall be used against him unless he has previously been supplied with a copy thereof or given access thereto.
(6) The Commission may, in its discretion, permit the prosecuting party or the accused judicial officer to be represented by a public officer or a legal practitioner: Provided that where the Commission permits the prosecuting party to be so represented it shall permit the accused judicial officer to be represented in a similar manner. (7) If during the course of the inquiry grounds for the framing of additional charges are disclosed, the Commission shall so inform the responsible officer who shall follow the same procedure as was adopted in framing the original charge or charges. (8) The Commission shall decide whether the charge or charges preferred have been proved against the accused judicial officer beyond a reasonable doubt. If so, the Commission shall convict him and may impose one or more of the prescribed punishments (including retirement from the service under regulation 33) upon the judicial officer. (9) The Commission, having inquired into the matter, shall prepare a report thereon with the record of the charges preferred, the evidence led, the defence and other matters relevant to the inquiry. The report of the Commission shall contain the point or points for determination, the decision thereon, the reasons for such decision and, in the case of conviction, shall specify the charges proved and the punishment imposed. (As amended by No. 192 of 1965 and No. 186 of 1967 and S.I. No. 72 of 1980) 32. (1) Whenever the responsible officer considers it necessary to Misconduct not institute proceedings against judicial officer but is of the opinion that the justifying misconduct alleged, if proved, would not be serious enough to warrant dismissal dismissal under the provisions of regulation 31 but would be sufficiently serious to warrant a more severe punishment than the withholding of increment under the provisions of regulation 35 he shall, after such preliminary investigation and such consultation with the Director of Public Prosecutions as he may consider necessary, forward to the judicial officer a statement of the charge or charges against him and he shall call upon him to state in writing before a day to be specified by the
responsible officer any grounds on which he relies to exculpate himself. (2) The responsible officer shall forward his report, the statement of the charge or charges, the reply, if any, of the accused judicial officer and his own comments thereon to the Commission. (3) If, upon consideration of the report of the responsible officer, including the grounds, if any, upon which the accused judicial officer relies to exculpate himself, the Commission is of the opinion that no further investigation is necessary, it may forthwith determine the punishment, if any (other than dismissal), which should be imposed on such judicial officer. (4) If, upon consideration of the report of the responsible officer, including the grounds, if any, upon which the accused judicial officer relies to exculpate himself, the Commission is of the opinion that the matter should be further investigated, the Commission shall inquire into the matter. (5) The inquiry shall be conducted in accordance with the provisions of sub-regulations (4) to (9) inclusive of regulation 31. (6) The Commission shall determine the punishment, if any (other than dismissal), to be imposed on the judicial officer: Provided that, where the procedure prescribed in sub-regulation (5) has been followed the Commission shall determine whether the judicial officer be dismissed or subjected to some lesser disciplinary punishment or retired from the judicial service. (As amended by No. 192 of 1965, and No. 186 of 1967 and S.I. No. 72 of 1980) (1) Notwithstanding the provisions of these Regulations, if the responsible officer considers that a judicial officer should be retired at an earlier age than the age specified by pension laws relating to his particular service on the grounds of(a) failure to perform his duties;
(b) (c)
incompetent performance of his duties; any other disciplinary offence;
he shall inform such judicial officer and allow him an opportunity, within a reasonable period to be determined by the responsible officer, of showing cause why he should not be retired from the judicial service. (2) If, on the expiration of the period allowed to the judicial officer to show cause why he should not be retired from the judicial service, the responsible officer, after considering the statement of the judicial officer, if any, and having regard to all the circumstances of the case, is of the opinion, that such judicial officer should be retired in the public interest and receive his retirement benefits, he shall forward his findings and the statements of the judicial officer to the Commission for a determination. (3) If, upon consideration of the report made by the responsible officer in pursuance of sub-regulation (2), the Commission is of the opinion that the facts disclosed warrant the dismissal of the judicial officer or the imposition of some lesser penalty than dismissal, the Commission shall determine whether the judicial officer be dismissed or subjected to some lesser disciplinary punishment or retired from the judicial service, without any of the proceedings prescribed in regulation 31 or 32 being instituted. (As amended by S.I. No. 72 of 1980 and 4 of 1988) 33A. The Commission may on the recommendation of the responsible officer, retire an officer in the judicial service on the abolition of his office to effect greater efficiency or economy in the Ministry or Province to which he belongs. (As amended by S.I. No. 4 of 1988) Retirement on abolition of office to effect greater efficiency or economy
33B. On the recommendation of the responsible officer, the Retirement on Commission may retire an officer in the judicial service on sufficient medical medical evidence that the officer is incapable by reason of some grounds infirmity of body or mind of discharging the duties of his office and that such an infirmity is likely to be of long standing. (As amended by S.I. No. 4 of 1988)
33C. (1) The Commission may retire an officer in the judicial service in Retirement in the national interest. national interest (2) Retirement in the national interest shall be limited to cases where an officer has to relinquish his appointment at the instance of the Government either to take up another appointment outside the judicial service or for other reasons of Government policy. (As amended by S.I. No. 4 of 1988) Procedure on 34. If a judicial officer is adjudged guilty in any court of a criminal criminal charge likely to warrant disciplinary proceedings, the responsible conviction officer shall forward a copy of the charge and of the judgment (and of the record of the court if available) to the Commission. The Commission shall determine whether the officer be dismissed or subjected to some lesser disciplinary punishment on account of the conviction for the offence of which he has been adjudged guilty, without any of the proceedings prescribed on regulation 21, 32 or 33 being institued. (As amended by No. 186 of 1967) 35. (1) Whenever the responsible officer is unable to cerfity on the increment warrant of a judicial officer that the judicial officer has discharged his duties with efficiency, diligence and fidelity he shall, not less than one month before the increment is due, forward a report on the reasons that prevent his so certifying to the Commission. (2) If, upon consideration of the report of the responsible officer, the Commission is of the opinion that no further investigation is necessary it may forthwith determine that the increment be withheld. (3) If, upon consideration of the report of the responsible officer, the Commission is of the opinion that the matter should be further investigated or that it appears that a punishment more severe than the withholding of the increment may be more appropriate, it shall direct that the procedure prescribed in regulation 31 or 32 shall be followed. (4) When the increment of a judicial officer has been withheld and the responsible officer is of the opinion that the judicial officer should be permitted to resume incremental progress with effect from the due date, he shall forward a report to the Commission for decision. The withholding and restoration of increments
(5) If, upon consideration of the report of the responsible officer, the Commission is not satisfied that the increment should be so restored it shall so direct. (As amended by No. 186 of 1967) 36. The Commission may impose one or more of the following punishments upon any judicial officer as a result of proceedings under the provisions of this Part, that is to say: (a) (b) (c) (d) (e) reduction in salary; deferment of increment; stoppage of increment; withholding of increment; Punishments which the Commission dismissal or retirement in the public interest under regulation 33; may impose
(f) fine, subject to the amount not exceeding five days' pay in one month or seven days' pay in two consecutive months; (g) (h) severe reprimand; reprimand;
(j) the payment of the cost, or part of the cost, of any loss or damage caused by default or negligence. (As amended by No. 186 of 1967 and S.I. No. 4 of 1988) 37. If the responsible officer considers that the conduct of a judicial officer who is serving on contract or agreement (including an agreement for temporary service) is unsatisfactory, he shall report the matter to the Commission which shall determine the action (if any) to be taken regarding the judicial officer in respect of whom the report has been made. But nothing in this regulation shall affect the right to terminate any contract or agreement in accordance with a term or condition contained therein. (As amended by No. 186 of 1967) 37A. If the responsible officer is of the opinion that a judicial officer has been repeatedly so reckless or negligent in the performance of his duties or is manifestly so incompetent that his further continuance as a judicial officer would be inimical to the public interest, the responsible officer shall request in writing the immediate supervising officer of the Removal of judicial officer for incompetence or negligence Report of unsatisfactory conduct of officer serving on agreement
judicial officer and also such one of the judges as has had occasion to sit in appeal or revision over the judgments passed or orders made by the judicial officer, to make a report on the work and competence of the judicial officer, and the responsible officer shall submit such reports together with his comment thereon to the Commission, whereupon the Commission may, notwithstanding anything to the contrary contained in these Regulations, direct that the judicial officer shall without any further proceedings be removed from his post or make such other order as it thinks proper in the circumstances of the case. (As amended by S.I. No. 72 of 1980) 38. (a) Where under the provisions of these Regulationsit is necessary eitherService of agreements
(i) to serve any notice, charge or other document upon a judicial officer; or (ii) to communicate any information to any judicial officer by reason of such judicial officer having absented himself from duty; and (b) it is not possible to effect such service upon or communicate such information to such judicial officer personally; it shall be sufficient if such notice, charge or other document or a letter containing such information, be served upon such judicial officer by his post to his last known address.
39. Any person who submits any matter for the consideration of the Production of Commission shall ensure that all relevant documents and papers are relevant made available to the Commission; and the Commission may require the documents, etc. production of any further documents or information relevant to the matter under consideration. 40. All correspondence for the Commission from the responsible officer and other persons shall be addressed to the secretary unless Correspondence
otherwise provided by these Regulations. 41. Any case not covered by these Regulations shall be reported to the Cases not Commission and the Commission shall determine the procedure to be otherwise adopted. provided for THE PUBLIC SERVICE COMMISSION (DELEGATION) DIRECTIONS DIRECTIONS BY THE PUBLIC SERVICE COMMISSION Statutory Instrument 4 of 1981 70 of 1984
PART I PRELIMINARY
1. These Directions may be cited as the Public Service Commission (Delegation) Directions. 2. In these Directions, unless the context otherwise requires"Commission", "Head of Department", "salary" and "secretary" shall have the meaning assigned thereto by regulation 2 of the Regulations; "the Regulations" means the Public Service Commission Regulations; "responsible officer" shall have the meaning assigned thereto by regulation 2 of the Regulations and shall include the District Executive Secretary as defined under section two of the Local Government Act; "scheduled post" means any post carrying a salary in Division II or III in the Public Service; "supervising officer" means the public officer under whose direct control a Division II or III officer is employed. Cap. 281 Title
Interpretation
PART II
GENERAL
3. The exercise of the functions of the Commission under the Service Commission Act is hereby delegated in the manner specified in these Directions. Delegation Cap. 259
PART III APPOINTMENTS, CONFIRMATION OF APPOINTMENTS, PROMOTIONS AND TERMINATION OF APPOINTMENTS OTHERWISE THAN BY DISCIPLINARY PROCEEDINGS
4. (1) A responsible officer or Head of Department may make a temporary appointment for a period not exceeding three months to a post which is vacant in Division II or III. (2) If the responsible officer intends that a temporary appointment to a vacant post in Division II or III should continue for a period exceeding three months then, not later than two months after the effective date of the appointment, he shall forward details of the officer so appointed and the reasons for such temporary appointment to the Permanent Secretary (Establishment Division) with a recommendation regarding the length of time during which the temporary appointment will be required. (3) If the responsible officer intends that an officer appointed temporarily to a vacant post in Division II or III be subsequently appointed on probation, he shall forward details of the officer to the Permanent Secretary (Establishment Division) who mayAppointments
(a) in the case of Division II officer submit the details with his comments to the Commission for consideration; (b) in the case of Division III officer determine whether such officer be appointed on probation. (4) Notwithstanding the provisions of sub-paragraphs (1) to (3)(a) the Commission may make appointment to any vacant post in Division II or III reported in accordance with regulation 21 of the Regulations; (b) a Division II or III officer who is appointed under the provisions of sub-paragraphs (1) and (2) of Direction 4 and who has successfully completed a pre-appointment course of two years or more will be paid the basic salary of the post to which he is so appointed and may be required, if eligible, to pay pension contributions pending ratification of his appointment on probation by the Commission, or the Permanent Secretary (Establishment Division), as the case may be. Probationary 5. (1) The provisions of sub-regulations (1) to (6) of regulation 25 of the Regulations shall apply mutatis mutandis to a scheduled officer who appointments holds a probationary appointment except that(a) the Permanent Secretary (Establishment Division) may confirm such an officer in his appointment; (b) a responsible officer may extend the period of such an officer's probationary service or terminate such an officer's probationary appointment. (2) An offence against discipline committed by a Division II or III officer who is serving on probation, or the conviction of such an officer on a ciminal charge, shall be dealt with in accordance with Part IV. 6. (1) A responsible officer may transfer or promote a scheduled officer Transfers and to any vacant post in Division II or III and shall inform the Permanent promotions Secretary (Establishment Division) of such transfer or promotion and of the effective date thereof:
Provided that in any such case the responsible officer shall take into account qualifications, experience and merit as well as seniority. (2) The Commission may give such orders as it may deem fit if it is of the opinion that the transfer or promotion authorised in accordance with sub-paragraph (1) of this direction would be(a) detrimental to the discipline of the service of which the officer is a member; (b) contrary to public interest.
PART IV DISCIPLINE
DIVISION II OR III OFFICERS 7. The provisions of regulations 32, 33 and 34 of the Regulations shall apply to the suspension of a Division II or III officer or disciplinary proceedings pending determination of criminal proceedings including withholding of salary following criminal conviction. Suspension of officer or disciplinary proceedings pending determination of criminal proceedings Proceedings after acquittal on criminal charges Procedure when criminal
8. The provisions of regulation 36 of the Regulations shall apply to proceedings taken against a Division II or III officer who has been acquitted of a crminal charge.
9. If it comes to the notice of a responsible officer that a criminal offence likely to warrant disciplinary proceedings may have been
committed by a Division II or III officer, the responsible officer shall consult the Director of Public Prosecutions as to whether criminal proceedings are being instituted against the officer. If criminal proceedings are not being instituted, the responsible officer shall consider whether disciplinary action should be taken under the provisions of this Part. If the responsible officer considers that disciplinary action should be taken against the officer, the procedure in direction 10 shall be followed.
offence may have been committed
Disciplinary 10. (1) When a responsible officer considers it necessary to institute disciplinary proceedings against a Division II or III officer and is of the procedure opinion that the misconduct alledged, if proved, would be sufficienly serious to warrant a more serious punishment than a reprimand or the withholding of the officer's increment, he shall inform the officer in writing of the allegations against him and shall call upon him to state, in writing, within a period to be appointed by the responsible officer, any grounds on which he relies to exculpate himself. (2) Upon consideration of the accused officer's exculpatory statement, and after such further investigation as he may consider necessary, the responsible officer may, subject to the provisions of paragraph (1) (b) of direction 15, forthwith determine the punishment, if any, which should be imposed on such accused officer. (3) If, upon consideration of the accused officer's exculpatory statement, the responsible officer is of the opinion that a punishment more severe than is within his powers to impose is warranted, he shall forward to the Permanent Secretary (Establishment Division) his report, a copy of the letter to the accused officer informing him of the allegations against him, the reply, if any, of the accused officer, and his own comments thereon. (4) If, upon consideration of the report of the responsible officer, including the grounds, if any, upon which the accused officer relies to exculpate himself, the Permanent Secretary (Establishment Division) is of the opinion that no further investigation is necessary, he may forthwith determine the punishment, if any, to be imposed on the accused officer. (5) If, upon consideration of the report of the responsible officer, including the grounds, if any, upon which the accused officer relies to
excuplate himself, the Permanent Secretary (Establishment Division) is of the opinion that the matter should be further investigated, he may determine the form of such further investigation and, on the conclusion to his satisfaction of such further investigation, he may determine the punishment, if any, to be imposed on the accused officer. 11. (1) If a Division II or III officer is adjudged guilty in any court of a Procedure on criminal charge likely to warrant disciplinary proceedings against him, criminal the responsible officer may impose any punishment (within his powers conviction to impose) after consideration of the charge and of the judgment (and of the record of the court if available) without the procedure prescribed in direction 10 being followed. (2) If, upon consideration of the charge and of the judgment, the responsible officer is of the opinion that a punishment more severe than is within his powers to impose is warranted, he shall forward a copy of the charge and of the judgment (and of the record of the court if available) to the Permanent Secretary (Establishment Division) who may determine the punishment, if any, to be imposed on the accused officer without the procedure prescribed in direction 10 being followed. 12. Where proceedings have been taken against a Division II or III Decision in officer under the provisions of this Part, such officer shall be informed- disciplinary proceedings to (a) of the decision, but not of the reasons therefor, on each of the be allegations made against him; and communicated (b) of the penalty (if any) or other punishment to be imposed; and to officer (c) if the officer is to be dismissed or discharged or reduced in rank concerned or seniority, of his right to appeal to the Commission against the imposition of that punishment within twenty-one days of the notification to him of the punishment imposed. 13. (1) Every appeal under the provisions of paragraph (c) of direction Appeals 12 shall be submitted by the appellant to the responsible officer who shall forward it with his own comments thereon as soon as practicable to the Permanent Secretary (Establishment Division), who shall in turn refer the matter to the Secretary for a decision by the Commission. (2) A responsible officer or Head of Department or supervising officer who, without reasonable cause neglects or fails to submit an appeal in accordance with sub-paragraph (1) shall be guilty of misconduct
warranting a severe punishment (including dismissal). 14. (Revoked by S.I. No. 70 of 1984)
15. (1) The power to impose punishment is vested in the public officers Who may named and to the extent herein specifiedimpose punishment (a) the Permanent Secretary (Establishment Division) may impose any such punishment on any scheduled officer: Provided that the Permanent Secretary (Establishment Division) shall consult the Secretary to the Cabinet before exercising the powers to dismiss or discharge an officer who holds a pensionable appointment in Division II or III in the public service; (b) the responsible officer may impose any such punishment on any Division II or III officer other than dismissal or discharge of an officer who has been confirmed in his appointment; (c) the Head of Department may, subject to review and confirmation by the appropriate responsible officer, impose any punishment on any Division II or III officer other than dismissal or discharge or reduction in rank or seniority; (d) the supervising officer may impose a reprimand on any Division III officer. (2) The responsible officer shall report to the Permanent Secretary (Establishment Division) the imposition of any punishment on a Division II or III officer under the provisions of sub-paragraphs (b), (c) and (d) of paragraph (1).
PART V PUBLIC OFFICERS IN DIVISION
II OR III
16. (1) The provisions of this Part shall apply only in respect of public Application officers holding a post in Division II or III of the public service. (2) Except as provided in this Part, the Regulations shall continue to apply to and in respect of a public officer holding a post in Division II or III of the public service. (As amended by S.I. No. 70 of 1984) 17. In this Part, unless the context otherwise requires"Head of Department" shall have the meaning assigned thereto by regulation 2 of the Regulations; "specified officer" means a public officer holding a specified post; "specified post" means a post in Division II or III of the public service. (As amended by S.I. No. 70 of 1984) 18. (1) A responsible officer or Head of Department may make a temporary appointment for a period not exceeding six months to a specified post which is vacant. (2) If the responsible officer intends that an officer appointed under sub-paragraph (1) should be appointed on probation, he shall forward particulars of the officer to the Permanent Secretary (Establishment Division) who may(a) in the case of an officer in Division II, submit the particulars with his comments to the Commission for consideration. (b) in the case of an officer in Division III, determine whether or not such officer should be appointed on probation. (3) Notwithstanding the provisions of sub-paragraphs (1) and (2), the Commission may make appointment to any specified post reported Temporary appointments Interpretation
vacant in accordance with regulation 21 of the Regulations. (As amended by S.I. No. 70 of 1984) 19. Where recommendations under regulation 25 of the Regulations are received by the Permanent Secretary (Establishment Division), he may, in the case of a probationary appointment in Division III, without reference to the Commission(a) confirm the appointment of the officer on permanent and pensionable terms; (b) (c) extend the probationary period by not more than six months; or terminate the probationary appointment; Probationary appointment of Division III officers
and shall inform the Commission of his decision in each such case. (As amended by S.I. No. 70 of 1984) 20. (1) A responsible officer may, after taking into consideration Promotions and relevant factors such as qualifications, experience, merit, seniority, etc., transfers promote a specified officer to any specified post, and shall inform the Commission, through the Permanent Secretary (Establishment Division), of such promotion and of the effective date thereof. (2) A responsible officer may, after taking into consideration the circumstances of the case, transfer a specified officer, and shall inform the Commission, through the Permanent Secretary (Establishment Division), of such transfer and of the effective date thereof: Provided that in considering any transfer the exigencies of the service shall prevail over any considerations relating to the individual interests of the officer. (3) The Commission may, on its own or upon representation made to it, give such directions as it thinks fit if it is satisfied that a promotion under sub-paragraph (1) or a transfer under sub-paragraph (2) is or is likely to be(a) (b) detrimental to the discipline in the service; or contrary to public interest.
THE POLICE AND PRISON SERVICE COMMISSION Statutory (DELEGATION) DIRECTIONS Instrument 79 of 1988 Directions made with the consent of the President
PART I PRELIMINARY
1. These Directions, may be cited as the Police and Prison Service Commission (Delegation) Directions. 2. In these Directions, unless the context otherwise requires"Commission", "Force", "Inspector-General", "Officer", "Responsible Officer", "Secretary", shall have the meaning assigned thereto by regulation 2 of the Regulations; "the Regulations" means the Police and Prison Service Commission Regulations. Title
Interpretation S.I. No. 65 of 1976
PART II GENERAL
3. The exercise of functions of the Commission under the Constitution Delegation is hereby delegated in the manner specified in these Directions
PART III APPOINTMENTS AND
PROMOTIONS
4. (1) The Inspector-General of Police or the Commissioner of Prisons, Appointments as the case may be, shall appoint any person on probation to any post of, and below the rank of Chief Inspector in case of the Inspector-General, an Assistant Superintendent in case of the Commissioner of Prisons, and shall inform the responsible officer and secretary accordingly. (2) The Inspector-General of police or the Commissioner of Prisons, as the case may be, may make a temporary appointment for a period not exceeding six months to a post which is vacant at the levels of, and below, the rank of Chief Inspector in case of the Inspector-General, and Assistant Superintendent in case of the Commissioner of Prisons, and shall inform the responsible officer and the secretary accordingly. 5. (1) A responsible officer, the Inspector-General or the Commissioner of Prisons, as the case may be, may transfer or promote any serving officer to any post of and below, the rank of Chief Inspector in case of the Inspector-General, and Assistant Superintendent in case of the Commissioner of Prisons: Provided that in any case of appointment and promotion the responsible officer, Inspector-General or Commissioner of Prisons, as the case may be, shall take into account relevant qualifications, competence, experience and merit as well as good conduct. (2) A responsible officer, the Inspector-General or the Commissioner of Prisons, as the case may be, may transfer, in cases of emergency or extreme urgency, any officer of and below the rank of Deputy Commissioner in case of the Inspector General and Assistant Commissioner of Prisons in case of the Commissioner of Prisons, provided that he immediately informs the secretary of the urgent nature of each such transfer. THE PUBLIC SERVICE COMMISSION REGULATIONS [ARRANGEMENT OF REGULATIONS]
PART I
PRELIMINARY
Regulation 1. 2. 3. Title Interpretation Application
PART II GENERAL
4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. Secretary and staff Presiding at meetings Record of meetings Decisions by circulation of papers Dissent Quorum Privilege for reports, etc. Privilege of members Disclosures Matters to be considered by Commission Consultation and selection boards Obligation to conform with Regulations Obligation to hear responsible officer Irregular representation Oaths on appointment
PART III APPOINTMENTS (INCLUDING PROMOTIONS AND TRANSFERS), CONFIRMATION
OF APPOINTMENTS, PASSING OF PROMOTION BARS AND TERMINATION OF APPOINTMENTS OTHERWISE THAN BY DISCIPLINARY PROCEEDINGS
19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. Advertisements Procedure and forms Vacancies Vacancies to be filled after examination or course of study Recruitment outside Zambia Appointments Probationary appointments Retirement on attaining pensionable age Acting appointments Promotion bars Further reports
30. Renewal of agreements and admission to permanent and pensionable establishment
PART IV DISCIPLINE
31. 32. Procedure when criminal offence may have been committed Suspension of public officer
33. Suspension of disciplinary proceedings pending final determination of criminal proceedings 34. Procedure following criminal conviction or absence from duty without leave or detention 35. Procedure after conviction of officers whose basic salary is not less than GS 7
36. 37. 38. 39.
Proceedings after acquittal on criminal charge Institution and form of disciplinary proceedings Formal disciplinary proceedings Summary disciplinary proceedings
39A. Procedure after conviction of officers whose basic salary is less than GS 7 40. Punishments which may be imposed by Commission, responsible officer or disciplinary authority 41. Reports and records of disciplinary proceedings determined by disciplinary authority or responsible officer 42. Appeals against punishment imposed by disciplinary authority or responsible officer 43. Retirement in Public interest. 43A. Retirement on abolition of office to effect greater efficiency in the economy. 43B. 43C. 44. 45. Retirement on medical grounds. Retirement in national interest. Application of Part IV to officers serving on contract Service of documents
46. 47. 48. Production of relevant documents, etc. Correspondence Cases not otherwise provided for
FIRST SCHEDULE-Responsible officers in certain cases SECOND SCHEDULE-Oath of member of Commission THIRD SCHEDULE-Oath of secretary and staff of Commission
THE
PUBLIC
SERVICE
COMMISSION Statutory
REGULATIONS
Instruments 319 of 1965 Regulations made by the Public Service 256 of 1966 Commission, with the consent of the President, 200 of 1968 and continued in force by virtue of Section 15 of 307 of 1968 394 of 1969 the Interpretation and General Provisions Act. 227 of 1970 70 of 1971 250 of 1973 4 of 1981 70 of 1984 86 of 1984 91 of 1987 Cap. 2
PART I PRELIMINARY
1. These Regulations may be cited as the Public Service Commission Regulations. 2. In these Regulations, unless the context otherwise requires"basic salary" means the salary payable to an officer exclusive of any inducement allowance, personal allowance or other allowance or any direct payments made under assistance schemes; "Chairman" means the Chairman of the Commission or any other person Cap. 259 appointed to act as Chairman of the Commission under the provisions of the Service Commissions Act. "Commission" means the Public Service Commission established by the Constitution and the Service Commissions Act; "disciplinary authority" means, in relation to a public officer, the responsible officer or Head of Department or the supervising officer. "District Executive Secretary" shall have the meaning ascribed thereto in section two of the Local Government Act; Cap. 281 Title
Interpretation
"Head of Department" means the public officer in charge of a Department of a Ministry or other Department of Government; "member" means any member of the Commission, and includes the Chairman and any person appointed to act as a member under the provisions of the Service Commissions Act; "responsible officer", in relation to a public officer, means one of the following, as appropriate: (a) the Permanent Secretary of the Ministry in or under which he is serving; (b) in the case of an officer serving under a Permanent Secretary for the Province, that Permanent Secretary for the Province; (c) in the case of an officer serving in a District Council(i) if he is the District Executive Secretary, the Permanent Secretary of the Province in which he is serving; (ii) in any other case, the District Executive Secretary under whom he is serving; (c) in the case of an officer serving in or under a Ministry or Department set out in the first column of the First Schedule, the person holding the office set out opposite thereto in the second column thereof; or (d) in the case of an officer to whom none of the preceding paragraphs applies, the Permanent Secretary (Establishment); "salary" means basic salary; "secretary" means the secretary to the Commission; "supervising officer" means a public officer who is nominated by the Commission to be a supervising officer for the purposes of these Regulations. (As amended by No. 200 of 1968, No. 394 of 1969, Cap. 259
No. 227 of 1970, and No. 250 of 1973 and S.I. no 86 of 1982). 3. These Regulations shall not apply in relation to any of the following Application offices: (a) (b) the office of any Judge of the Supreme Court or High Court. the office of the Attorney-General;
(c) except for the purpose of making appointments thereto or to Act therein the office of the Director of Public Prosecutions or Auditor-General; (d) (e) (i) (ii) any judicial offices; the office ofPermanent Secretary; Inspector-General of Police;
(f) any office in the Zambia Police Force below the rank of Assistant Superintendent; (g) any office in the Zambia Prison Service below the rank of Superintendent of Prisons; (h) any office in the public service in respect of which the powers of the Commission have been delegated by directions in writing to any public officer. (As amended by No. 200 of 1968 and No. 394 of 1969)
PART II GENERAL
4. The Commission shall appoint a secretary to the Commission, who Secretary and shall not be a member of the Commission, and such other staff as it may staff from time to time consider necessary. 5. Every meeting of the Commission shall be presided over by the Chairman. Presiding at meetings
6. A record shall be kept of the members present and of the business transacted at every meeting of the Commission.
Record of meetings
7. Decisions may be made by the Commission without a meeting by Decisions by circulation of the relevant papers among the members and the circulation of expression of their views in writing, but any member shall be entitled to papers require that any such decision shall be deferred until the subject-matter be considered at a meeting of the Commission. 8. Any member shall be entitled to dissent from a decision of the Commission and to have his dissent and his reasons therefor set out in the records of the Commission. 9. The Chairman and two members will constitute a quorum for a meeting of the Commission and a like number of members will be required for a decision of the Commission arrived at by the circulation of written papers. Dissent
Quorum
10. Any report, statement or other communication or record of any Privilege for reports, etc. meeting, inquiry or proceedings which the Commission may make in exercise of its functions or any member may make in performance of his duties, and any application form, report or other communication despatched to the Commission in connection with the exercise of its functions, and in the possession of the Commission, shall be privileged in that its production may not be compelled in any legal proceedings unless the Chairman certifies that such production is not against the public interest. 11. Every member of the Commission shall have such protection and Privilege of privilege, in case of any action or suit brought against him for any act members done or attempted to be done in the bona fide execution of his duties, as is by law given to the acts done or words spoken by a Judge in the exercise of his judicial office. 12. No member of the Commission, nor the secretary nor any member Disclosures of the staff of the Commission nor any other person, shall publish or disclose to any person otherwise than in the exercise of his official functions the contents of any document, communication or information whatsoever which has come to his notice in the course of his duties.
13. In exercising its powers in connection with the appointment, promotion or transfer of officers in the public service, the Commission shall have regard to the maintenance of the high standard of efficiency necessary in the public service and shall(a) give due consideration to qualified officers serving in the public service and to residents of Zambia; (b) in the case of officers in the public service, take into account the relevant qualifications, competence, merit, experience as well as good conduct; and (c) where a post cannot be filled either-
Matters to be considered by Commission
(i) by the appointment or promotion of a suitable person already in the public service; or (ii) by the appointment of a suitable person who has successfully completed a course of study or training acceptable to the Commission; call for applications for the post by advertisement: Provided that(i) for special reasons and within its discretion it may decide not to do so; (ii) within its discretion it may restrict the application of such advertisement to persons who are already in the public service; and (iii) where it is satisfied that no suitable candidates with the requisite qualifications are available in Zambia, it may decide that the post be filled by recruitment outside Zambia. 14. In exercising its powers in connection with the appointment, Consultaton and promotion or transfer of an officer in the public service, the Commission selection boards may(a) consult with any other person or persons; and (b) seek the advice of a selection board constituted by the Chairman who may appoint to it members of the Commission and other persons who are not members of the Commission.
15. The Commission shall not exercise its powers in connection with the dismissal, the disciplinary punishment or the termination of appointment otherwise than by way of dismissal, of any officer in the public service except in accordance with the provisions of these Regulations.
Obligation to conform with Regulations
16. The Commission, at the request of a responsible officer, shall hear Obligation to the responsible officer personally in connection with any hear responsible recommendation made by him to the Commission. officer 17. In carrying out its duties under the provisions of the Order and these Regulations, the Commission shall not take into account any representations made to it otherwise than in accordance with the Order or with these Regulations: Provided that nothing in this regulation shall be deemed to prohibit the Commission taking into account a bona fide reference or testimonial of service. 18. (1) Every member shall, on appointment, take an oath in the form set out in the Second Schedule. (2) The secretary and such other member or members of the staff of the Commission as the Chairman may require so to do, shall, on appointment, take an oath in the form set out in the Third Schedule. (3) Where any person is required to take an oath under the provisions of this regulation and(a) (b) he has no religious belief; or the taking of an oath is contrary to his religious belief; Oaths on appointment Irregular representation
he may make and subscribe a solemn affirmation in the form of the oath appointed, substituting the words "solemnly and sincerely declare and affirm" for the word "swear" and omitting the words "so help me God". (4) Every oath or affirmation taken by a member shall be administered
by a Judge and every oath or affirmation taken by the secretary or any other member of the staff of the Commission shall be administered by a Commissioner for Oaths.
PART III APPOINTMENTS (INCLUDING PROMOTIONS AND TRANSFERS), CONFIRMATION OF APPOINTMENTS, PASSING OF PROMOTION BARS AND TERMINATION OF APPOINTMENTS OTHERWISE THAN BY DISCIPLINARY PROCEEDINGS
19. The Commission shall determine the form of advertisements Advertisements issued in accordance with the provisions of paragraph (c) of regulation 13. The qualifications specified in such advertisements shall be those approved by the Permanent Secretary (Establishment Division), after consultation with the Commission, for the vacancy under consideration. 20. The Commission shall determine the procedure to be followed in dealing with applications for appointment to the public service, including the proceedings of any selection board appointed by the Chairman to interview candidates and shall determine the forms to be used in connection with the discharge of its functions. Procedure and forms
21. (1) When a vacancy occurs, or it is known that a vacancy will occur Vacancies in any public office in any Ministry, the responsible officer will report the fact to the Permanent Secretary (Establishment Division) and(a) if the responsible officer recommends that the vacancy should be
filled by the appointment or promotion of an officer serving in that Ministry he will so inform the Permanent Secretary (Establishment Division); (b) if the responsible officer is unable to recommend the promotion of a serving officer to fill a vacancy he will inform the Permanent Secretary (Establishment Division) of the names of the officers serving in the particular grade or cadre from which the promotion would normally be made, and state his reasons why he does not consider the officers named suitable for promotion to the vacant post; (c) if the responsible officer recommends that applications to fill the vacancy should be invited from serving officers or from both serving officers and the general public he will attach to his report a draft advertisement setting out details of the vacant post and the duties and qualifications attached to it; (d) if the responsible officer is unable to recommend that the vacancy should be filled immediately he will so inform the Permanent Secretary (Establishment Division) and state his reasons therefor. (2) The Permanent Secretary (Establishment Division) will verify the details of the vacancy and will forward the responsible officer's recommendations, with his own comments thereon, to the Secretary. 22. Vacancies to be (a) according to the results of examinations which are conducted by filled after examination or or supervised by the Commission; or course of study (b) on the successful completion of a course of study or training designed to qualify a candidate for appointment to the public service; the Commission may make such arrangements in respect of the filling of such vacancies as it considers appropriate. 23. If a responsible officer is informed that the Commission has Recruitment decided that a particular vacancy should be filled by recruitment from outside Zambia outside Zambia, he shall prepare an indent on the appropriate form and submit it to the Permanent Secretary (Establishment Division) who will be responsible for verifying the particulars contained therein. 24. No appointment to the public service may be made before the Appointments Where a vacancy is to be filled-
Commission has determined the suitability of the candidate concerned. The Permanent Secretary (Establishment Division) will inform responsible officers of appointments authorised in their Ministries by the Commission and of the initial rate of salary approved by him. 25. (1) Where a public officer holds a probationary appointment, three Probationary months before the expiration of the period of such probationary appointments appointment the responsible officer shall consider(a) whether such officer should, on such expiration, be confirmed in a pensionable post; (b) whether a further period of probationary service is necessary to determine whether such officer should be so confirmed; or (c) whether such officer should not remain in the public service.
(2) If, after consideration of the matters referred to in sub-regulation (1), the responsible officer is of the opinion that a public officer in a probationary appointment should be confirmed in a pensionable appointment and if that public officer has passed such examinations as may be required as a condition for confirmation in his appointment, the responsible officer, as soon as may be before the expiration of the period of probationary appointment, shall forward a recommendation that the officer be confirmed to the Permanent Secretary (Establishment Division) who will refer it, with his comments, to the Secretary. (3) If, after consideration of the matters referred to in sub-regulation (1), the responsible officer is of the opinion that the work and conduct of a public officer in a probationary appointment have been of a standard to justify confirmation in a pensionable office, but the officer has not completed the examinations required for his appointment, the responsible officer, as soon as may be before the expiration of that public officer's probationary appointment, shall forward a report together with his recommendations as to the period of further probationary service which the officer should be granted in order to pass the required examination to the Permanent Secretary (Establishment Division) who will refer it, with his comments, to the Secretary. (4) If, after consideration of the matters referred to in sub-regulation (1), the responsible officer is of the opinion that the work or conduct of a
public officer in a probationary appointment has not been in all respects satisfactory, he shall so inform the officer in writing and indicate whether he proposes to recommend(a) an extension of the officer's probationary service to show whether he can overcome the defects noted; or (b) that the officer's probationary appointment should be terminated.
(5) The responsible officer shall, when giving to a public officer the information mentioned in sub-regulation (4), ask the officer whether he wishes to make, within a period to be appointed by the responsible officer any representations on the recommendations proposed. On the expiration of the period allowed to the officer to make any representations, the responsible officer shall forward a report on the officer, together with a copy of the letter to the officer and of the latter's representations, if any, his comments thereon and a recommendation either that the period of probationary service should be extended or that the officer should not remain in the public service, to the Permanent Secretary (Establishment Division), who will refer them, with his comments, to the Secretary. (6) Where a public officer holds a probationary appointment and the responsible officer at any time during the period of such probationary appointment is of the opinion that such appointment should be terminated forthwith on the grounds of general unsuitability which renders the officer unlikely to justify confirmation in a pensionable office, the procedure prescribed in sub-regulations (4) and (5) shall be followed. (7) An offence or offences against discipline committed by an officer to whom this regulation applies, or the conviction of such an officer on a criminal charge, shall be dealt with in accordance with Part IV. 26. (1) The responsible officer shall, not later than six months before a public officer serving in his Ministry attains pensionable age as defined in the Civil Service (Local Conditions) Pensions Act, notify such officer and the Permanent Secretary (Establishment Division) of his impending date of retirement. Retirement on attaining pensionable age. Cap. 259.
(2) The Permanent Secretary (Establishment Division) will forward the responsible officer's notice to the Secretary. 27. (1) If a responsible officer recommends that a public officer should Acting act for a period of not less than thirty days in a post higher than that held appointments substantively, or for a period of less than thirty days where it is required by law or regulation that the functions of the higher post may be exercised only by a person authorised by notification in the Gazette to exercise those functions, and that higher post is prescribed by the Government as a post carrying acting allowance, he will so inform the Permanent Secretary (Establishment Division). (2) If any such recommendation involves the supersession of any more senior officers serving in the Ministry, detailed reasons for the supersession of each such officer will be forwarded with the recommendation. (3) The Permanent Secretary (Establishment Division) will forward the responsible officer's recommendation, with his comments, to the Secretary. (4) In considering recommendations for acting appointments, the Commission shall apply the standards prescribed in regulation 13 except that consideration may also be given to the exigencies of the Service. 28. (1) Not later than two months before a public officer serving in Promotion bars Division III or IV of the public service is due to pass a promotion bar, a Promotion Bar Certificate, in the approved form, will be forwarded by the responsible officer to the Permanent Secretary (Establishment Division). (2) If the responsible officer recommends in favour of the officer passing the promotion bar the Permanent Secretary (Establishment Division) will forward the certificate, with his comments, to the Secretary. (3) If the responsible officer is unable to recommend that the officer should be permitted to pass the promotion bar only because the officer has not passed the language, departmental or other examinations
required for his appointment, the Permanent Secretary (Establishment Division) will forward the certificate, with his comments, to the Secretary. (4) If the responsible officer considers that the officer is not qualified to pass the promotion bar for reasons other than the officer's failure to have passed the language, departmental or other examinations required for his appointment, he shall, prior to forwarding the certificate to the Permanent Secretary (Establishment Division), so inform the officer, indicating the reasons therefor, and ask the officer if he has any representations to make within a period to be appointed by the responsible officer. On the expiration of the period allowed to the officer to make any representations, the responsible officer shall forward a copy of his letter to the officer and the latter's representations, if any, and his comments thereon, together with the Promotion Bar Certificate to the Permanent Secretary (Establishment Division) who will forward them, with his comments, to the Secretary. 29. If, upon consideration of a recommendation made by a responsible Further reports officer under the provisions of regulation 25 or 28 that an officer other than an officer serving in Division I or II of the public service should be confirmed in a pensionable post or permitted to pass a promotion bar, as the case may be, the Commission is of the opinion that it requires further information, it may refer the matter back to the responsible officer for a further report. 30. (1) Where a public officer is serving on agreement for a specified period of service and the responsible officer of the Ministry in which the officer is employed desires to retain his services for a further tour of service, then, not later than thirty-three months after the officer's first day of resident service or three months before the officer's last day of duty, whichever is the earlier, the responsible officer will invite the officer in writing either, if the officer be so eligible, to apply for admission to the permanent and pensionable establishment or, if the officer is ineligible for admission to the permanent and pensionable establishment, to apply to be engaged for a further period of service. If the officer states either that he does not wish to be admitted to the permanent and pensionable establishment or to be engaged for a further period of service, no further action will be necessary. If the officer duly applies either to be admitted to the permanent and pensionable establishment or to be engaged for a further period of service, the responsible officer will forward to the Permanent Secretary (Establishment Division) the officer's application together with his Renewal of agreements and admission to permanent and pensionable establishment
recommendation and stating also whether the officer has passed his obligatory examinations, if any, the details of which must be given. The Permanent Secretary (Establishment Division) will forward the officer's application and the responsible officer's recommendations with his comments, to the Secretary. (2) Where a public officer is serving on agreement for a specified period of service and the responsible officer of the Ministry in which the officer is employed does not wish to retain his services for a further period of service, then the responsible officer will so inform the officer in writing not later than five months before the officer's last day of duty and ask the officer if he has any representations to make within a period to be appointed by the responsible officer. If the officer does not wish to make any representations or states that he does not wish to be engaged for a further period of service, no further action will be necessary. If the officer does make representations, the responsible officer will forward a full statement of reasons for recommending that the officer should not be engaged for further service, together with a copy of his letter to the officer and the latter's representations and his comments thereon, to the Permanent Secretary (Establishment Division) who will forward them, with his comments, to the Secretary.
PART IV DISCIPLINE
(No. 200 of 1968) 31. (1) Whenever it comes to the notice of a disciplinary authority that a criminal offence likely to warrant disciplinary proceedings may have been committed by a public officer, it shall be the duty of the disciplinary authority to inform the responsible officer forthwith. Procedure when criminal offence may have been committed
(2) Whenever it comes to the notice of a responsible officer that a criminal offence likely to warrant disciplinary proceedings may have been committed by a public officer, or whenever a responsible officer is so informed under sub-regulation (1), it shall be the duty of the responsible officer to consult the Director of Public Prosecutions as to
whether criminal proceedings are being instituted against such public officer. (3) Where, after consultation with the Director of Public Prosecutions, the responsible officer is informed that criminal proceedings are not being instituted as aforesaid, it shall be the duty of the responsible officer to decide whether disciplinary proceedings are to be instituted against the public officer and to give directions accordingly. (4) Whenever criminal proceedings are instituted against a public officer, it shall be the duty of the responsible officer to submit a report forthwith to the Permanent Secretary (Establishment) setting out the facts of the case, together with a statement as to whether such public officer has been suspended under regulation 32. (As amended by No. 250 of 1973) 32. (1) A responsible officer shall suspend a public officer from the exercise of the powers and functions of his office if he is satisfied that the public interest so requires and(a) or if criminal proceedings are instituted against such public officer; Suspension of public officer
(b) if disciplinary proceedings for his dismissal are instituted or are about to be instituted against such public officer. (2) Whenever the responsible officer suspends a public officer under this regulation, he shall notify such public officer in writing of the reasons therefor and shall deliver a copy of such notice to the secretary. (3) A public officer who is suspended under sub-regulation (1) shall, during the period of his suspension, receive such proportion of his salary, not being less than half of his salary, as the responsible officer may direct. (4) Where criminal proceedings or disciplinary proceedings have been instituted against a public officer under suspension and such public officer-
(a) and
is not convicted as a result of such criminal proceedings, if any;
(b) is not subjected to any punishment under these Regulations as a result of such disciplinary proceedings; the whole amount of his salary withheld under sub-regulation (3) shall, upon the expiry of the period of his suspension, be paid to him. (5) Where criminal proceedings or disciplinary proceedings have been instituted against a public officer under suspension and such public officer(a) is or is not convicted as a result of such criminal proceedings, if any; and (b) is subjected to any punishment under these Regulations, other than dismissal, as a result of such disciplinary proceedings; he shall, upon the expiry of the period of his suspension, be paid such proportion of his salary withheld under sub-regulation (3) as the Commission may direct. (6) Subject to the provisions of sub-regulation (3), the suspension of a public officer shall have effect during such period, and in accordance with such conditions, as the Commission shall specify by notice in writing to such public officer: Provided that, where it appears expedient, the Commission may at any time during such period abridge or extend such period by further notice in writing to such public officer. (7) A public officer who is suspended under this regulation shall not leave Zambia without the permission of the responsible officer during the period of his suspension. (8) In this regulation"criminal proceedings" include investigations into malpractices and embezzlement of public funds: "salary" includes any personal allowance, inducement allowance and
direct payments made under assistance schemes. (As amended by No. 250 of 1973) 33. Where criminal proceedings are instituted against a public officer, no disciplinary proceedings shall be instituted against such public officer upon any ground which is the subject of such criminal proceedings, or, if such disciplinary proceedings have been instituted, they shall be suspended, until the conclusion of such criminal proceedings and the determination of any appeal therefrom. Suspension of disciplinary proceedings pending final determination of criminal proceedings Procedure following criminal conviction or absence from duty without leave or detention
34. (1) Where, as a result of criminal proceedings, a public officer is convicted of an offence likely to warrant disciplinary proceedings for his dismissal, the responsible officer shall direct that the salary of such public officer be withheld as from the date of his conviction pending the determination of such disciplinary proceedings.
(2) Where disciplinary proceedings instituted against a public officer convicted of a criminal offence do not result in his dismissal, he shall be paid such proportion of his salary withheld under sub-regulation (1) as the Commission may direct. (3) Where a public officer absents himself from duty without leave for Cap. 106 more than ten days or where he is detained under the Preservation of Public Security Regulations, he shall be suspended from duty forthwith by the responsible officer who shall direct that the salary of such public officer be withheld as from the date of his suspension from duty pending the determination of disciplinary proceedings. (4) Subject to the provisions of this regulation, the suspension of a public officer shall have effect during such period, and in accordance with such conditions, as the Commission shall specify by notice in writing to such public officer: Provided that, where it appears expedient, the Commission may at any time during such period abridge or extend such period by further notice in writing to such public officer.
(As amended by S.I. No. 250 of 1973) 35. (1) This regulation applies to a public officer whose basic salary is Procedure after not less than the basic salary payable in respect of a public officer conviction of graded as GS 7. officers whose basic salary is not less than GS 7 (2) Where a public officer to whom this regulation applies is, as a result of criminal proceedings, convicted of an offence likely to warrant disciplinary proceedings, such disciplinary proceedings shall, subject to the provisions of regulation 33, be instituted and determined in accordance with this regulation. (3) Upon the conviction, as aforesaid, of a public officer to whom this regulation applies, it shall be the duty of the responsible officer to obtain(a) a true copy of the charge; and
(b) a true copy of the judgment of the court by whom such public officer was convicted; and (c) in the case of any appeal, a true copy of the judgment of any court by whom such appeal was determined; and (d) a true record of the proceedings of every such court, if available.
(4) The responsible officer shall institute disciplinary proceedings against a public officer under this regulation by delivering to such public officer a written statement setting out particulars of the charge or charges and of the grounds upon which such disciplinary proceedings are instituted, together with a notice requiring such public officer to submit to the responsible officer, within such period as the responsible officer shall specify, an exculpatory statement in writing of the grounds on which such public officer relies to exculpate himself. (5) The responsible officer shall submit the documents obtained under
sub-regulation (3) together with the statement of the charge or charges and the exculpatory statement, if any, referred to in sub-regulation (4), to the Permanent Secretary (Establishment) who shall peruse the same and submit them, together with his written comments, to the secretary. (6) Notwithstanding the provisions of regulations 37, 38 and 39, the Commission may consider any disciplinary proceedings instituted against a public officer under this regulation upon perusal of the documents referred to in sub-regulation (5), and may, in like manner, determine whether such public officer is to be dismissed or subjected to some other punishment on account of the offence of which he is convicted. (As amended by No. 250 of 1973) 36. A public officer acquitted of a criminal charge in any court shall not be dismissed or otherwise punished for any charges upon which he has been so acquitted, but nothing in this regulation shall prevent his being dismissed or otherwise punished on any other charges arising out of his conduct in the matter. 37. (1) Subject to the provisions of regulation 35, disciplinary proceedings against a public officer under these Regulations shall be instituted by the disciplinary authority: Proceedings after acquittal on criminal charge
Institution and form of disciplinary proceedings
Provided that the responsible officer may, in any case where he considers it necessary or desirable, assume and exercise the functions of the disciplinary authority in relation to such disciplinary proceedings and, without prejudice to the provisions of sub-regulation (3) of regulation 40, the provisions of these Regulations shall apply mutatis mutandis to such disciplinary proceedings as they apply to disciplinary proceedings instituted by a disciplinary authority. (2) Subject to the provisions of regulation 35, disciplinary proceedings instituted against(a) (i) a public officer whois in receipt of a basic salary exceeding K5,199 per annum; or
(ii) has misconducted himself in such manner as would, in the opinion of the disciplinary authority, warrant his dismissal or discharge
or reduction in rank or reduction in salary; shall be formal disciplinary proceedings; (b) any other public officer who has misconducted himself in such manner as would, in the opinion of the disciplinary authority, warrant punishment other than a punishment referred to in sub-paragraph (ii) of paragraph (a), shall be summary disciplinary proceedings. (3) In this regulation"formal disciplinary proceedings" means disciplinary proceedings under regulation 38; "summary disciplinary proceedings" means disciplinary proceedings under regulation 39. (As amended by No. 250 of 1973) 38. (1) Any disciplinary proceedings instituted against a public officer Formal disciplinary referred to in paragraph (a) of regulation 37 (2) shall be instituted and proceedings determined in accordance with this regulation. (2) Whenever a disciplinary authority institutes disciplinary proceedings against a public officer (hereinafter called "the accused officer") under this regulation, he shall do so, after such consultation with the Director of Public Prosecutions as he considers necessary, by delivering to the accused officer a written statement setting out particulars of the charge or charges and of the grounds upon which such disciplinary proceedings are instituted, together with a notice requiring the accused officer to submit to the disciplinary authority, within such period as the disciplinary authority shall specify, an exculpatory statement in writing of the grounds on which the accused officer relies to exculpate himself. (3) Upon the expiry of the period specified in the notice delivered to the accused officer under sub-regulation (2), the disciplinary authority shall consider the exculpatory statement, if any, of the accused officer and may(a) exculpate the accused officer and inform him accordingly in writing; or
(b) subject to the provisions of regulation 40, impose such punishment on the accused officer as is proper, having regard to all the circumstances of the case; or (c) submit the case, together with a statement of the charge or charges, the exculpatory statement, if any, of the accused officer and the written comments of the disciplinary authority, to the responsible officer. (4) The responsible officer shall consider any case submitted to him under paragraph (c) of sub-regulation (3), and the documents therein referred to, and may(a) exculpate the accused officer and direct the disciplinary authority to inform the accused officer accordingly; or (b) subject to the provisions of regulation 40, impose such punishment on the accused officer as is proper, having regard to all the circumstances of the case; or (c) submit the case, together with the documents referred to in paragraph (c) of sub-regulation (3) and a written report thereon, to the Permanent Secretary (Establishment). (5) The Permanent Secretary (Establishment) shall submit the documents submitted to him under sub-regulation (4), together with his written comments, to the secretary for consideration and determination by the Commission. (6) Where it appears to the Commission, upon consideration of the report of the responsible officer and the exculpatory statement, if any, of the accused officer and all other documents submitted for its consideration under sub-regulation (5), that further investigation of the case is necessary, the Commission shall, subject to the provisions of sub-regulation (7), appoint a committee to carry out such further investigation as the Commission may direct. (7) A committee appointed under sub-regulation (6) (hereinafter referred to as "the committee") shall consist of not less than three members who shall be public officers and-
(a)
one member shall be a public officer having legal qualifications;
(b) the other members shall be appointed with due regard to the office of the accused officer. (8) The committee shall, as soon as may be practicable and before it takes any further step in carrying out an investigation under this regulation, give notice in writing to the accused officer stating that, on a date, and at a place and time, specified in such notice, it intends to investigate such matters as shall be specified in such notice, and that the accused officer is required or, as the case may be, permitted to appear before the committee during such investigation. (9) Whenever any person other than the accused officer is questioned by the committee in the course of an investigation under this regulation, the accused officer shall be given an opportunity of being present and of putting questions on his own behalf to such person, and any document used by the committee in the course of its investigation shall be made available for scrutiny by the accused officer at his request. (10) If the accused officer so requests and it appears to the committee necessary or desirable, the committee may permit the accused officer to be represented by a legal practitioner or by a public officer nominated by the accused officer or nominated, with the consent of the accused officer, by the committee, and the provisions of sub-regulation (9) shall apply in relation to such legal practitioner or such public officer as they apply to the accused officer. (11) Where it appears to the committee, as a result of its investigation under this regulation, that there are grounds for instituting disciplinary proceedings other than those in respect of which the committee is appointed against the accused officer, the committee shall so inform the disciplinary authority in writing. (12) On completion of its investigation under this regulation, the committee shall prepare and submit to the Commission a written report setting out the matters investigated by the committee, and such report shall include-
(a) a statement whether, in the opinion of a majority of the members of the committee, the accused officer committed the charge or charges alleged against him and investigated by the committee, and a brief statement of the reason for that opinion; and (b) particulars of any matters which, in the opinion of a majority of the members of the committee, tend to aggravate or mitigate, as the case may be, the gravity of the case; and (c) a clear summary of the findings of the committee or, in the case of dissent among the members, of a majority of the members thereof, on the matters investigated by the committee: Provided that the committee shall not make any recommendation as to, or otherwise comment on, the form of punishment which may be imposed on the accused officer. (13) The Commission may, after consideration of a report submitted to it under sub-regulation (12), refer the report to the committee for clarification of any matter arising thereon or therein contained, or for further investigation and report under this regulation as the Commission may direct, and the committee shall comply with any such direction as soon as may be practicable. (14) The Commission shall consider all matters submitted to it for its consideration and determination under this regulation, including any report submitted under sub-regulation (12) or (13), and shall determine, subject to the provisions of regulation 40, whether any punishment is to be imposed on the accused officer, and it shall give directions accordingly. (15) It shall be the duty of the disciplinary authority to give notice in writing to the accused office of any punishment imposed on him under this regulation, and such notice shall, except in the case of a severe reprimand or a reprimand or any punishment imposed by the Commission, inform the accused officer of his right to appeal under regulation 42. 39. (1) Any disciplinary proceedings instituted against a public officer Summary referred to in paragraph (b) of regulation 37 (2) shall be instituted and disciplinary
determined in accordance with this regulation. (2) Whenever a disciplinary authority institutes disciplinary proceedings against a public officer (hereinafter called "the accused officer") under this regulation, he shall do so, after such investigation as he considers necessary, by delivering or causing to be delivered to the accused officer a written statement setting out particulars of the charge or charges and of the grounds upon which such disciplinary proceedings are instituted, together with a notice requiring the accused officer to submit to the disciplinary authority, within such period as the disciplinary authority shall specify, an exculpatory statement in writing of the grounds on which the accused person relies to exculpate himself. (3) Upon the expiry of the period specified in the notice delivered to the accused officer under sub-regulation (2), the disciplinary authority shall consider the exculpatory statement, if any, of the accused officer and shall(a) subject to the provisions of regulation 40, impose such punishment on the accused officer as is proper, having regard to all the circumstances of the case; or (b) exculpate the accused officer and inform him accordingly in writing. (4) Notwithstanding the foregoing provisions of this regulation, where it appears to the disciplinary authority, after such investigation as he considers necessary, that disciplinary proceedings instituted under this regulation would warrant a punishment not more severe than a reprimand, the disciplinary authority may institute such disciplinary proceedings by conveying a reprimand to the accused officer without a written statement of the charge or of the grounds upon which such disciplinary proceedings are instituted, and it shall be a sufficient compliance with this regulation if the disciplinary authority, by notice in writing given to the accused officer, thereafter confirms such reprimand and specifies the reasons therefor. (5) Except in the case of a reprimand imposed under subregulation (4), it shall be the duty of the disciplinary authority to give notice in writing to the accused officer of any punishment imposed on him under this regulation.
proceedings
(6) Except in the case of a severe reprimand or a reprimand, every notice given under sub-regulation (5) shall inform the accused officer of his right to appeal under regulation 42. 39A. If an officer, other than an officer to whom regulation 35 applies, is adjudged guilty in any court of a criminal charge likely to warrant disciplinary proceedings against him, the responsible officer shall forward a copy of the charge and of the judgment (and of the record of the court if available) to the Permanent Secretary (Establishment Division) who will refer them, with his comments, to the Secretary. The Commission shall determine whether the officer be dismissed or subjected to some lesser disciplinary punishment on account of the conviction for the offence of which he has been adjudged guilty, without any of the proceedings prescribed in regulation 37, 38 or 39 being instituted. (As amended by S.I. No. 250 of 1973) 40. (1) The Commission may impose any one or more of the following Punishments punishments under these Regulations: which may be imposed by Commission, responsible officer or disciplinary authority (a) (b) (c) (d) (e) (f) (g) dismissal or retirement in the public interest under regulation 43; discharge, by due notice or by payment of salary in lieu thereof; reduction in rank; reduction in salary; deferment of increment; stoppage of increment; withholding of increment; Procedure after conviction of officers whose basic salary is less than GS 7
(h) (i)
severe reprimand; reprimand.
(2) The Permanent Secretary (Establishment) may impose on any officer in Division II or III any one or more of the following punishments under these Regulations: (a) (b) (c) (d) (e) (f) (g) reduction in rank; reduction in salary; deferment of increment; stoppage of increment; withholding of increment; severe reprimand; reprimand;
and may reprimand an officer in Division I, except the officers referred to in regulation 3 of the Public Service Commission Regulations excluding the officers referred to in paragraph (h) thereof, and shall make a report to the Commission of all disciplinary proceedings determined by him under this subregulation. (3) A responsible officer may impose on an officer in Division II or III any one or more of the following punishments under these regulations: (a) (b) (c) (d) deferment of increment; stoppage of increment; withholding of increment; severe reprimand;
(e)
reprimand;
and may reprimand an officer in Division I. (4) A Head of Department may impose on an officer in Division II or III any of the following punishments under these regulations: (a) (b) severe reprimand; reprimand;
(5) A supervising officer may impose on an officer in Division III any of the following punishments under these regulations: (a) (b) severe reprimand; reprimand.
(As amended by S.I. No. 86 of 1984) 41. (1) A disciplinary authority shall make a report of all disciplinary Reports and proceedings instituted and determined by him, including disciplinary records of proceedings where no punishment is imposed, to the responsible officer. disciplinary proceedings determined by disciplinary authority or responsible officer (2) The responsible officer shall review all disciplinary proceedings reported to him under sub-regulation (1) and he may, if he considers that the punishment imposed was too severe or too lenient or that no punishment should have been imposed or that a punishment should have been imposed where no punishment was imposed, refer the matter to the disciplinary authority for further report, as the responsible officer may direct. (3) The responsible officer shall make a report to the Permanent
Secretary (Establishment Division) of every case where disciplinary proceedings are determined by him or by the disciplinary authority, and shall submit therewith any report made to him under the foregoing provisions of this regulation, together with a copy of the relevant charge or charges, a copy of the relevant exculpatory statement, if any, and a copy of any notice required to be given under regulation 38 or 39 of the result of such disciplinary proceedings. (4) The Permanent Secretary (Establishment Division) shall review all reports and other documents made or submitted to him under sub-regulation (3) and he may, if he considers that the punishment imposed was too severe or too lenient or that no punishment should have been imposed or that a punishment should have been imposed where no punishment was imposed, refer the matter to the responsible officer for further report, as the Permanent Secretary (Establishment Division) may direct. (5) The Permanent Secretary (Establishment Division) shall keep records of all matters submitted or required to be submitted to him under this regulation and shall submit the same to the Commission from time to time, as the Commission may direct. 42. (1) Except in the case of punishment imposed by the Commission, a public officer may appeal to the Commission against any punishment, other than a severe reprimand or a reprimand, imposed on him under these Regulations. Appeals against punishment imposed by disciplinary authority or responsible officer
(2) Every appeal made by a public officer under this regulation shall be in writing addressed to the disciplinary authority or, as the case may be, to the responsible officer by whom the punishment is imposed, and shall set out clearly the grounds of the appeal, and every such appeal shall be delivered to the disciplinary authority or to the responsible officer as aforesaid not later than twenty-one days from the date of the notice given to such public officer informing him of the punishment imposed. (3) Every appeal under this regulation shall(a) in the case of an appeal delivered to a disciplinary authority
under sub-regulation (2), be submitted by the disciplinary authority to the responsible officer; (b) (i) (ii) in the case of an appealdelivered to the responsible officer under sub-regulation (2); or submitted to the responsible officer under paragraph (a);
be submitted by the responsible officer to the Permanent Secretary (Establishment). (4) The Permanent Secretary (Establishmentl) shall submit every appeal under this regulation to the secretary for consideration and final determination by the Commission. (5) In considering any appeal under this regulation, the Commission may give such direction under sub-regulation (5) of regulation 41 as it may deem necessary for the purpose of determining the appeal. (6) Every determination of the Commission under this regulation shall have effect in accordance with the directions of the Commission, and notice in writing thereof shall be given by the responsible officer to the appellant. 43. (1) Notwithstanding the provisions of these Regulations, if a Retirement in responsible officer considers that a public officer should be retired at an Public Interest earlier date than the date specified in the pension laws relevant to his service on the ground of(a) (b) (c) failure to perform his duties; incompetent performance of his duties; any other disciplinary offence;
he shall inform such public officer and allow him an opportunity, within a period to be determined by the responsible officer, of showing cause why he should not be retired from the public service. (2) If, on the expiration of the period allowed to the officer to show
cause why he should not be retired from the public service, the responsible officer, after considering the statement of the officer, if any, and having regard to all the circumstances of the case is of the opinion that such public officer should be retired in the public interest and receive his retirement benefits, he shall forward his findings and the statement of the public officer to the Commission for a determination. (3) If, upon consideration of the report made by a responsible officer in pursuance of sub-regulation (2), the Commission is of the opinion that the facts disclosed warrant the dismissal of the officer or the imposition of some lesser penalty than dismissal, the Commission shall determine whether the officer be dismissed or subjected to some lesser disciplinary punishment or retired from the public service, without any of the proceedings prescribed in regulation 37, 38 or 39 being instituted. (As amended by S.I. No. 250 of 1973) 43A. The Commission may, on the recommendation of a responsible officer and the Permanent Secretary (Establishment), retire an officer in the public service on the abolition of his office to effect greater efficiency or economy in the Ministry or Province to which he belongs. (As amended by S.I. No. 91 of 1987) Retirement on abolition of office to effect greater efficiency or economy
43B. On the recommendation of a responsible officer and the Retirement on Permanent Secretary (Establishment Division), the Commission may medical retire an officer in the public service on sufficient medical evidence that grounds the officer is incapable by reason of some infirmity of body or mind of discharging the duties of his office and that such an infirmity is likely to be of long standing. (As amended by S.I. No. 91 of 1987) 43C. (1) The Commission may retire an officer in the public service in Retirement in the national interest. national interest (2) Retirement in the national interest shall be limited to cases where an officer has to relinquish his appointment at the instance of the Government either to take up another appointment outside the public service or for other reasons of Government policy. (As amended by S.I. No. 91 of 1987)
44. Subject to the provisions of regulation 3, the provisions of this Part shall apply to every public officer, including a public officer serving on contract or agreement, whether on a temporary basis or otherwise, and any term or condition in such contract or agreement providing for the termination of the services of such public officer shall be construed to be in addition to, and not in derogation of, the provisions of this Part. 45. (a) Where under the provisions of these Regualationsit is necessary-
Application of Part IV to officers serving on contract
Service of documents
(i) to deliver or serve any notice, charge or other document to or upon any public officer; or (ii) to communicate any information to any public officer by reason of such officer having absented himself from duty; and (b) it is not possible to effect such delivery or service, or to communicate such information, to such public officer personally; it shall be sufficient if such notice, charge or other document, or a letter containing such information, be served upon such public officer by post to his last known address.
46. Any public officer who submits any matter for the consideration of Production of the Commission shall ensure that all relevant documents and papers are relevant made available to the Commission and the Commission may require the documents, etc. production of any further documents or information relevant to the matter under consideration. 47. All correspondence for the Commission from responsible officers Correspondence and other persons shall be addressed to the Secretary unless otherwise provided by these Regulations. 48. Any case not covered by these Regulations shall be reported to the Cases not
secretary and the Commission shall determine the procedure to be adopted.
otherwise provided for
FIRST SCHEDULE
(Regulation 2)
RESPONSIBLE OFFICERS IN CERTAIN CASES

First Column Ministry or Department State House . . .. .. Cabinet Office .. .. Audit .. .. .. Judicial .. .. .. Public Service Commission. . (As amended by S.I. No. 70 of 1971) .. .. .. .. .. Second Column Office Principal Private Secretary .. Permanent Secretary (Personnel) Auditor-General Permanent Secretary and Solicitor-General Secretary
SECOND SCHEDULE
(Regulation 18)

I, having been appointed as Chairman/member of the Public Service Commission do swear that I will without fear or favour, affection or ill will, discharge the functions of the office of Chairman/member of the Public Service Commission, and that I will not, directly or indirectly, reveal any matters relating to such functions to any unauthorised persons or otherwise than in the course of duty. SO HELP ME GOD Sworn/Declared before me this ............................... ,19 ........ day of
Judge
THIRD SCHEDULE
(Regulation 18)
OATH OF SECRETARY AND STAFF OF COMMISSION
I, having been appointed to exercise the functions of Secretary to/a member of the staff of/the Public Service Commission, do swear that I will not, directly or indirectly, reveal to any unauthorised person or otherwise than in the course of duty the contents or any part of the contents of any document, communication or information whatsoever which may come to my knowledge in the course of my duties as such. SO HELP ME GOD Sworn/Declared before me this ............................... , 19 ........ day of
Commissioner for Oaths
SECTION 20-THE TEACHING SERVICE COMMISSION (DELEGATION) DIRECTIONS
PART I PRELIMINARY
1. These Directions may be cited as the Teaching Service Commission Title (Delegation) Directions. 2. In these Directions, unless the context otherwise requires"basic school" means a school that consists of primary and secondary school classes; "Commission" means the Teaching Service Commission established by section seven of the Act; "headmaster (basic)" means a headmaster of a grade I, II, III or IV basic school and, " deputy headmaster" shall be construed accordingly; "headmaster (primary)" means a headmaster of a grade I, II, III or IV primary school and, "deputy headmaster" shall be construed Interpretation
accordingly; "headmaster (secondary)" means a headmaster of a grade I, II, III or IV secondary school and "deputy headmaster" shall be construed accordingly; "head of department (college)" means an officer who is in charge of a group of related subjects in an in-service or secondary teacher training college; "head of department (secondary)" means an officer who is in charge of a group of related subjects in a secondary school; "head of section" means an officer who is in charge of a subject in an in-service or secondary teacher training college or college for the teachers for the handicapped; "officer" means teaching officers in the National In-Service Training College; all Technical colleges; all Trades Training Institutes; all secondary and primary school teacher training colleges; all secondary and primary schools and principals and heads of the schools; "responsible officer" means the Permanent Secretary in the Ministry of Education or Ministry of Science, Technology and Vocational Training, as the case may be; "Regulations" means the Teaching Service Regulations; S.I. No. 172 of 1971
"Secretary" means the Secretary to the Teaching Service Commission appointed under section eleven of the Act; "senior teacher" means an experienced teacher who advises fellow teachers on professional matters in a primary school; and "teacher-in-charge" means a teacher responsible for an ungraded primary school.
PART II
DELEGATION OF FUNCTIONS
3. The exercise of functions of the Commission under section twenty-one of the Act is hereby delegated in the manner specified in paragraphs 4, 5, 6 and 7 of these Directions. Delegation of functions
PART III APPOINTMENTS AND PROMOTIONS

4. (1) The responsible officer may appoint any officer to hold the post of(a) (b) (c) (d) (e) (f) (g) (h) (i) (j) deputy headmaster (primary) grade I, II, III or IV; senior teacher; teacher-in-charge; deputy headmaster (basic) grade I, II, III or IV; deputy headmaster (secondary) grade III or IV; headmaster (primary) grade III or IV; headmaster (basic) grade III or IV; headmaster (secondary) grade III or IV; head of department (secondary); head of section; Appointments promotions
(k)
head of department (college);
and shall inform the Secretary accordingly; (2) The responsible officer shall, in any case of appointment and promotion, take into account the relevant qualifications, experience and conduct. 5. The responsible officer may appoint any officer to act in the post of- Appointments for (a) headmaster (primary) grade I or II; administrative (b) headmaster (basic) grade I or II; or convenience (c) deputy headmaster (secondary) grade I or II (d) headmaster (secondary) grade I or II for administrative convenience only for a period (not exceeding six months) and shall inform the Secretary accordingly 6. Approval and (a) approve secondment of any officer to ministries other than their upgrading own or to non-governmental organisations within Zambia for a period not exceeding three years; or (b) upgrade in appointment any officer in accordance with the provisions of circulars issued by the responsible officer in the Establishment Division; and shall inform the Secretary accordingly. 7. The Responsible Officer Establishment Division shall give instructions relating to the manner in which salaries, allowances and pension contributions may be effected. Salaries, allowances and pension contributions The responsible officer may-
8. The Commission may, on its own or upon representation made to it Power of by the responsible officer give such directions as it considers necessary Commission to if it is satisfied that a promotion under regualation 4 is or likely to begive directions (a) (b) detrimental to the discipline in the service; or contrary to public interest or policy.
THE TEACHING REGULATIONS
SERVICE
COMMISSION
ARRANGEMENT OF REGULATIONS
PART I PRELIMINARY
PART II APPOINTMENTS
4. 5. 6. The Commission Secretary and staff Oaths on appointment
PART III MEETINGS OF COMMISSION

7. 8. 9. 10. 11. 12. 13. 14. Presiding at meetings Record of meetings Decisions by circulation of papers Dissent Quorum Privilege for reports, etc. Privilege of members Disclosures
PART IV DUTIES AND FUNCTIONS OF COMMISSION

15. 16. 17. 18. 19. Matters for consideration by Commission Obligation of Commission to conform to Regulations Obligation of Commission to hear responsible officer Irregular representation Consultation and selection boards
PART V APPOINTMENT OF MEMBERS OF THE SERVICE (INCLUDING PROMOTIONS AND TRANSFERS), CONFIRMATION OF APPOINTMENTS AND TERMINATION OF APPOINTMENTS OTHERWISE THAN BY DISCIPLINARY PROCEEDINGS
Regulation 20. 21. 22. 23. 24. 25. 26. Advertisements Procedure and forms Vacancies Vacancies to be filled after examination or course of study Recruitment outside Zambia Requisites before appointment Probationary appointments
27.
Acting appointments
28. Renewal of agreements and admission to permanent and pensionable establishment 29. Retirement in public interest 29A. Retirement on abolition of office to effect greater efficiency or economy 29B. 29C. 30. Retirement on medical grounds Retirement in national interest Retirement on attainment of pensionable age.
PART VI DISCIPLINE
31. 32. Procedure when criminal offence may have been committed Interdiction of an officer
33. Suspension of disciplinary proceedings pending final determination of criminal proceedings 34. Suspension following criminal conviction 35. Procedure after conviction of officer whose basic salary is not less than ES/10 36. 37. 38. 39. Proceedings after acquittal on criminal charge Institution and form of disciplinary proceedings Formal disciplinary proceedings Summary disciplinary proceedings
40. Punishments which may be imposed by disciplinary authority, responsible officer or Commission 41. Reports and records of disciplinary proceedings determined by disciplinary authority 42. Appeals against punishment imposed by disciplinary authority or responsible officer 43. Application of Part VI to officers serving on contract
PART VII MISCELLANEOUS
44. 45. 46. 47.
Production of relevant documents, etc. Correspondence Service of documents Cases not otherwise provided for
FIRST SCHEDULE-Oath of member of Commission SECOND SCHEDULE-Oath of secretary and staff of Commission THE TEACHING REGULATIONS COMMISSION Statutory Instruments 172 of 1971 Regulations made by the Teaching Service 80 of 1974 Commission, with the consent of the President, 76 of 1988 and continued in force by virtue of Section 15 of 48 of 1991 3 of 1993 the Interpretation and General Provisions Act Cap. 2 SERVICE
PART I PRELIMINARY
1. These Regulations may be cited as the Teaching Service Commission Regulations. 2. In these Regulations, unless the context otherwise requires"basic salary" means the salary payable to an officer exclusive of any inducement allowance, personal allowance or other allowance or any direct payments made under assistance schemes; "Chairman" means the Chairman of the Commission or any other person appointed to act as Chairman of the Commission under the provisions of the Constitution and the Service Commissions Act; "Commission" means the Teaching Service Commission; Title
Interpretation
"disciplinary authority" means the supervising officer; "member" means any member of the Commission and includes the Chairman and any person appointed to act as a member; "responsible officer" means(a) the Permanent Secretary, Ministry of Education; or
(b) in the case of an officer serving in a Province, the Permanent Secretary of the Province. "salary" means basic salary; "secretary" means the secretary to the Commission; "supervising officer" means a public officer-in-charge of education in a region or district; or any other public officer who is nominated by the responsible officer to be a supervising officer for the purpose of these Regulations, and shall include Principal, Secondary Teacher Training College; Principal, National-in-Service Training College; Principal, Technical Colleges (Northern Technical College and Evelyn Hone College); Principal, Technical and Vocational Teachers' College; Controller, Educational Broadcasting and Television Services; Director, Curriculum Development Centre; Principal, Primary Teacher Training College and Principal, National Correspondence College. (As amended by S.I. No. 48 of 1991) 3. These Regulations shall apply to all officers serving on the ES Salary Scales in the Ministries of Education, and Science and Technology, whose appointment depends on teacher training as a qualification and to those posts to which promotion requires competence and general ability as a teacher, and shall include the following: (i) (ii) all primary school teachers including heads and deputy heads; all secondary school teachers including heads and deputy heads; Application
(iii) all lecturers in teacher training colleges including Principals and Vice Principals; (iv) all lecturers in technical colleges including Principals and Vice
Principals, heads of departments and sections; (v) all technical teachers in trades training institutes including Principals and Vice Principals; (vi) the Director and Deputy Director, Curriculum Development Centre, and all curriculum development officers and specialists; (vii) Controller, Educational Broadcasting and Television Services and all lecturers and heads; radio, television and audio video aids; (viii) the Director and Assistant Director, Department of Continuing Education, including Principal and Vice Principal, National Correspondence College, heads of adult education centres, lecturers and the Secretary, Adult Education Advisory Board, all continuing education organisers; (ix) the Head, Psychological Service and all educational psychologists; (x) the Chief and Deputy Chief Inspector of Schools and all inspectors and senior inspectors of schools; (xi) the Secretary, Zambia Examinations Council and all professional officers under him; (xii) all chief education officers and senior education officers and all education officers including district education officers; (xiii) the Director, Deputy Director and Assistant Director of Technical Education and Vocational Training; (xiv) (xv) all Inspectors of technical education; the Superintendent, Technical Teacher Training;
(xvi) all Controllers: Applied Arts and Technology Trades; Business; Commerce; and Paramedical; Adult Up-grading; Curriculum Development; Standards and Certification and Student Services; (xvii) all Curriculum Development Officers and Curriculum Development Specialists; and (xviii) any other staff who may by law be transferred to the Teaching Service.
PART II APPOINTMENTS
4. Members of the Commission shall be appointed by the President in The accordance with the Constitution. Commission 5. The Commission shall, acting in the name and on behalf of the Secretary and President, appoint a secretary to the Commission, who shall not be a staff member of the Commission, and such other staff as it may from time to time consider necessary. 6. (1) Every member shall, on appointment, take an oath in the form set Oaths on out in the First Schedule. appointment (2) The secretary and such other member or members of the staff of the Commission as the Chairman may require so to do, shall, on appointment, take an oath in the form set out in the Second Schedule. (3) Where any person is required to take an oath under the provisions of this regulation and(a) (b) has no religious belief; or the taking of an oath is contrary to his religious belief;
he may make and subscribe a solemn affirmation in the form of the oath on appointment, substituting the words "solemnly and sincerely declare and affirm" for the word "swear" and omitting the words "so help me God". (4) Every oath or affirmation taken by a member shall be administered by a Judge and every oath or affirmation taken by the Secretary or any other member of the staff of the Commission shall be administered by a Commissioner for Oaths.
PART III MEETINGS OF COMMISSION
7. Every meeting of the Commission shall be presided over by the Chairman. 8. A record shall be kept of the members present and of the business transacted at every meeting of the Commission.
Presiding at meetings Record of meetings
9. Decisions may be made by the Commission without a meeting by Decisions by circulation of the relevant papers among the members, and the circulation of expression of their views in writing, but any member shall be entitled to papers require that any such decision shall be deferred until the subject-matter be considered at a meeting of the Commission. 10. Any member shall be entitled to dissent from a decision of the Commission and to have his dissent and his reasons therefor set out in the records of the Commission. 11. The Chairman and two members will constitute a quorum for a meeting of the Commission and a like number of members will be required for a decision of the Commission arrived at by the circulation of written papers. 12. Any report, statement, other communication, record of any meeting, inquiry or proceedings, which the Commission may make, in exercise of its functions, or any member may make, in performance of his duties, and any application form, report or other communication, despatched to the Commission in connection with the exercise of its functions and in the possession of the Commission, shall be privileged, in that its production may not be compelled in any legal proceedings unless the Chairman certifies that such production is not against the public interest. Dissent
Quorum
Privilege for reports, etc.
13. Every member of the Commission shall have such protection and Privilege of privilege, in case of any action or suit brought against him for any act members done or attempted to be done in the bona fide execution of his duties, as is by law given to the acts done or words spoken by a Judge in the exercise of his judicial office. 14. No member of the Commission, the secretary, any member of the Disclosures staff of the Commission, nor any other person, shall publish or disclose
to any person otherwise than in the exercise of his official functions, the contents of any document, communication or information whatsoever which has come to his notice in the course of his duties.
PART IV DUTIES AND FUNCTIONS OF COMMISSION

15. In exercising its powers in connection with the appointment, promotion or transfer of officers in the Service, the Commission shall have regard to the maintenance of a high standard of professional conduct and efficiency necessary in the Service; and shall(a) give due consideration to qualified officers serving in the Service, and to residents of Zambia; (b) in the case of officers in the Service, take into account the relevant qualifications, experience, competence, and merit as well as good conduct and (c) where a post cannot be filled either(i) by the appointment or promotion of a suitable person already in the Service; or (ii) by the appointment of a suitable person who has successfully completed a course of study or training acceptable to the Commission; call for applications for the post by advertisement: Provided that(i) for special reasons and within its discretion, it may decide not to do so; (ii) within its discretion, it may restrict the application of such advertisement to persons who are already in the Service; and (iii) where it is satisfied that no suitable candidates with the requisite qualifications are available in Zambia, it may decide that the post be filled by recruitment outside Zambia. (As amended by S.I. No. 76 of 1988) 16. The Commission shall not exercise its powers in connection with Obligation of Matters for consideration by Commission
the dismissal, the disciplinary punishment or the termination of appointment, otherwise than by way of dismissal, of any officer in the Service except in accordance with the provisions of these Regulations. 17. The Commission, at the request of the responsible officer, shall hear the responsible officer personally in connection with any recommendation made by him to the Commission.
Commission to conform to Regulations Obligation of Commission to hear responsible officer
18. In carrying out its duties under the provisions of the Constitution or Irregular these Regulations, the Commission shall not take into account any representation representations made to it otherwise than in accordance with the Constitution or with these Regulations: Provided that nothing in this regulation shall be deemed to prohibit the Commission taking into account a bona fide reference or testimonial of service. 19. In exercising it powers in connection with the appointment, Consultation promotion or transfer of an officer in the Service, the Commission may- and selection boards (a) consult with any other person or persons; and (b) seek the advice of a selection board constituted by the Chairman who may appoint to it members of the Commission and other persons who are not members of the Commission.
PART V APPOINTMENT OF MEMBERS OF THE SERVICE (INCLUDING PROMOTIONS AND TRANSFERS), CONFIRMATION OF APPOINTMENTS AND TERMINATION OF
APPOINTMENTS OTHERWISE THAN BY DISCIPLINARY PROCEEDINGS

20. The Commission shall determine the form of advertisements Advertisements issued in accordance with the provisions of paragraph (c) of regulation 15; and the qualifications specified in such advertisements shall be those approved by the responsible officer, after consultation with the Commission, for the vacancy under consideration. 21. The Commission shall determine the procedure to be followed in dealing with applications for appointment to the Service, including the proceedings of any selection board appointed by the Chairman to interview candidates, and shall determine the forms to be used in connection with the discharge of its functions. Procedure and forms
22. When a vacancy occurs, or it is known that a vacancy will occur in Vacancies the Service, the responsible officer will report the fact to the secretary and(a) where the responsible officer recommends that the vacancy be filled by the appointment or promotion of an officer in the Service, he shall so inform the secretary; (b) where the responsible officer is unable to recommend the promotion of an officer in the Service to fill a vacancy, he shall inform the secretary of the names of the officers serving in the particular grade or cadre from which the promotion would normally be made, and state his reasons why he does not consider the officers named suitable for promotion to the vacant post; (c) where the responsible officer recommends that applications to fill the vacancy be invited from officers in the Service or from both officers in the Service and the general public, he shall attach to his report a draft advertisement setting out details of the vacant post and the duties and qualifications attached to it; (d) where the responsible officer is unable to recommend that the vacancy be filled immediately, he shall so inform the secretary and state his reasons therefor. (As amended by S.I. No 76 of 1988)
23.
Vacancies to be (a) according to the results of examinations which are conducted by filled after examination or or supervised by the Commission; or course of study (b) on the successful conclusion of a course of study or training designed to qualify the candidate for appointment to the Service; the Commission may make such arrangements in respect of the filling of such vacancies as it considers appropriate. 24. Where it is decided by the Commission that a particular vacancy be Recruitment filled by recruitment from outside Zambia, the responsible officer shall outside Zambia prepare an indent on the appropriate form. 25. No appointment to the Service may be made before the Commission has determined the suitability of the candidate concerned; the responsible officer shall inform successful candidates of appointments authorised by the Commission and of the initial rate of salary approved by him. 26. (1) Where an officer holds a probationary appointment, three months before the expiration of the period of such probationary appointment, the responsible officer shall consider(a) whether such officer, on such expiration, be confirmed in a pensionable post; (b) whether a further period of probationary service is necessary to determine whether such officer be so confirmed; or (c) whether such officer quit the Service. Requisites before appointment
Where a vacancy is to be filled-
Probationary appointments
(2) Where, after consideration of the matters referred to in sub-regulation (1), the responsible officer is of the opinion that the work and conduct of an officer in a probationary appointment have been of a standard to justify confirmation in a pensionable office, but the officer has not completed the examinations required for his appointment, the responsible officer, as soon as may be, before the expiration of that officer's probationary period of appointment, shall forward a report together with his recommendations to the secretary, as to the period of further probationary service which the officer should be granted in order
to pass the required examinations. (4) Where, after consideration of the matters referred to in sub-regulation (1), the responsible officer is of the opinion that the work or conduct of an officer in a probationary appointment has not been, in all respects, satisfactory, he shall so inform the officer, in writing, and indicate whether he proposes to recommend(a) an extension of the officer's probationary service to show whether he can overcome the defects noted; or (b) that the officer's probationary appointment should be terminated.
(5) The responsible officer shall, when giving to an officer the information mentioned in sub-regulation (4), ask the officer whether he wishes to make, within a period to be appointed by the responsible officer, any representations on the recommendations proposed; on the expiration of the period allowed to the officer to make any representations, the responsible officer shall forward a report to the secretary, on the officer, together with a copy of the letter to the officer and the officer's representations, if any, the responsible officer's comments thereon and a recommendation either that the period of probationary service should be extended or that the officer quit the Service. (6) Where an officer holds a probationary appointment and the responsible officer, at any time during the period of such probationary appointment, is of the opinion that such appointment be terminated forthwith on the grounds of general unsuitability which renders the officer unlikely to justify confirmation in pensionable office, the procedure prescribed in sub-regulations (4) and (5) shall be followed. (7) Where, upon consideration of a recommendation, made by the responsible officer, under the provisions of this regulation, that an officer other than an officer serving in Division I or II of the Service be confirmed in a pensionable post, the Commission is of the opinion that it requires further information, it may refer the matter back to the responsible officer for a further report. (As amended by S.I. No. 76 of 1988)
27. (1) Where the responsible officer recommends that an officer Acting should act for a period of not less than thirty days in a post higher than appointments that held substantively, or for a period of less than thirty days where it is required by law or regulation that the functions of the higher post may be exercised only by a person authorised by notification in the Gazette to exercise those functions, and that higher post is prescribed by the Government as a post carrying acting allowance, he will inform the secretary. (2) In considering recommendations of acting appointments, the Commission shall apply the standards prescribed in regulation 15, except that consideration may also be given to the exigencies of the Service. (As amended by S.I. No. 76 of 1988) 28. (1) Where an officer is serving on agreement for a specified period of service and the responsible officer desires to retain his services for a further tour of service, then, not later than thirty-three months after the officer's first day of resident service or three months before the officer's last day of duty, whichever is the earlier, the responsible officer will invite the officer in writing, either, if the officer be so eligible, to apply for admission to the permanent and pensionable establishment, or, if the officer is ineligible for admission to the permanent and pensionable establishment, to apply to be engaged for a further period of service; if the officer states either that he does not wish to be admitted to the permanent and pensionable establishment or to be engaged for a further period of service, no further action shall be necessary; if the officer duly applies either to be admitted to the permanent and pensionable establishment or to be engaged for a further period of service, the responsible officer shall forward to the secretary the officer's application, together with the responsible officer's recommendation, stating also whether the officer has passed his obligatory examinations, if any, the details of which shall be given. (2) Where an officer is serving on agreement for a specified period of service and the responsible officer does not wish to retain his services for a further period of service, then the responsible officer will so inform the officer in writing not later than five months before the officer's last day of duty and ask the officer whether he has any representations to make within a period to be determined by the responsible officer; if the officer does not wish to make any representations or states that he does not wish to be engaged for a further period of service, no further action Renewal of agreements and admission to permanent and pensionable establishment
shall be necessary; but if the officer does make representations, the responsible officer shall forward to the secretary a full statement of reasons for recommending that the officer be not engaged for further service, together with a copy of the responsible officer's letter to the officer, the officer's representations, and the responsible officer's comments thereon. 29. (1) Notwithstanding the provisions of these Regulations if the responsible officer considers that an officer should be retired from the Service at an earlier date than the date specified in the pension laws relevant to his service on the ground of(a) (b) (c) failure to perform his duties; incompetent performance of his duties; any other disciplinary offence; Retirement in Public interest
he shall, inform such officer and allow him an opportunity within a period to be determined by the responsible officer, of showing cause why he should not be retired from the service. (2) If, on the expiration of the period allowed to the officer to show cause why he should not be retired from the service, the responsible officer after considering the statement of the officer, if any, and having regard to all the circumstances of the case, is of the opinion, that such officer should be retired in the public interest and receive his retirement benefits, he shall forward his findings and the statement of the officer to the Commission for a determination. (3) If, upon consideration of the report made by the responsible officer in pursuance of sub-regulation (2), the Commission is of the opinion that the facts disclosed warrant the institution of proceedings for dismissal of the officer or the imposition of lesser penalty than dismissal, the Commission may direct the responsible officer to institute proceedings against the officer under the provisions of regulation 38. (As amended by S.I. No. 76 of 1988) 29A. The Commission may, on the recommendation of the responsible Retirement on officer, retire an officer in the Service on abolition of his office to effect abolition of greater efficiency or economy. office to effect
greater efficiency or economy Retirement on medical grounds
29B. On the recommendation of the responsible officer, the Commission shall retire an officer in the Service on sufficient evidence that such officer is incapable by reason of some infirmity of mind or body of discharging the duties of his office and that such infirmity is likely to be of long standing. (As amended by S.I. No. 76 of 1988) 29C. (1) The Commission may retire an officer in the service in the national interest; (2) Retirement in the national interest shall be limited to cases where an officer has to relinquish his appointment at the instance of the Government either to take up another appointment outside the Service or for other reasons of Government policy. (As amended by S.I. No. 76 of 1988) 30. The responsible officer shall, not later than six months before an officer serving in his Ministry attains pensionable age as defined in the Civil Service (Local Condition) Pensions Act, notify such officer and the Commission of his impending date of retirement. (As amended by S.I. No. 76 of 1988)
Retirement in national interest
Retirement on attaining pensionable age. Cap. 410
PART VI DISCIPLINE
31. (1) Whenever it comes to the notice of a disciplinary authority that a criminal offence likely to warrant disciplinary proceedings may have been committed by an officer, the disciplinary authority shall inform the responsible officer forthwith. Procedure when criminal offence may have been committed
(2) Whenever it comes to the notice of the responsible officer that a criminal offence likely to warrant disciplinary proceedings may have been committed by any officer, or whenever the responsible officer is so informed under sub-regulation (1), the responsible officer shall consult the Director of Public Prosecutions as to whether criminal proceedings are not being instituted as aforesaid; the responsible officer shall decide whether disciplinary proceedings be instituted against the officer and give directions accordingly. (3) Whenever criminal proceedings are instituted against an officer, the responsible officer shall submit a report forthwith to the secretary setting out the facts of the case, together with a statement as to whether such officer has been interdicted under regulation 32. 32. (1) A responsible officer may interdict a supervising officer or a supervising officer may interdict an officer directly falling under his jurisdiction from the exercise of the powers and functions of his office, if he is satisfied that the public interest so requires, and(a) if criminal proceedings are instituted against any such officer; or Interdiction of an officer
(b) if disciplinary proceedings for his dismissal are instituted, or are about to be instituted, against any such officer. (2) Whenever a responsible officer or a supervising officer interdicts an officer under these Regulations, he shall notify such officer in writing of the reasons therefor and shall deliver a copy of such notice to the secretary. (3) Any officer who is interdicted under sub-regulation (1) shall, during the period of his interdiction, receive such proportion of his salary, not being less than half of his salary, as the responsible officer may direct. (4) Where criminal proceedings or disciplinary proceedings have been instituted against an officer under interdiction and such officer(a) and is not convicted as a result of such criminal proceedings, if any;
(b) is not subjected to any punishment under these Regulations as a result of such disciplinary proceedings; the whole amount of his salary withheld under sub-regulation (3) shall, upon the expiry of the period of his interdiction, be paid to him. (5) Where criminal proceedings or disciplinary proceedings have been instituted against an officer under interdiction and such officer(a) is or is not convicted as a result of such criminal proceedings, if any; and (b) is subjected to any punishment under these Regulations, other than dismissal, as a result of such disciplinary proceedings; he shall, upon the expiry of the period of his interdiction, be paid such proportion of his salary withheld under sub-regulation (3) as the Commission may direct. (6) Subject to the provisions of sub-regulation (3), the interdiction of any officer shall have effect during such period, and in accordance with such conditions, as the Commission shall specify in writing to such officer; but where it appears expedient the Commission may at any time during such period abridge or extend such period by further notice in writing to any such officer. (7) Any officer who is interdicted under this regulation shall not leave Zambia without the permission of the responsible officer during the period of his interdiction. (8) For the purposes of this regulation, salary includes any personal allowance, inducement allowance and direct payments made under assistance schemes. 33. Where criminal proceedings are instituted against any officer, no disciplinary proceedings shall be instituted against such an officer upon any ground which is the subject of such criminal proceedings; if such disciplinary proceedings have been instituted they shall be suspended until the conclusion of such criminal proceedings and the determination of any appeal therefrom. Suspension of disciplinary proceedings pending final determination of criminal proceedings
34. (1) Where, as a result of criminal proceedings, an officer is convicted of an offence likely to warrant disciplinary proceedings for his dismissal, the responsible officer shall, by notice in writing to the officer, suspend him from the exercise of the powers and functions of his office and shall cause a copy of such notice to be delivered to the secretary. (2) Where disciplinary proceedings are instituted against an officer suspended under sub-regulation (1), the responsible officer shall direct that the salary of such officer be withheld, as from the date of his suspension, pending the determination of such disciplinary proceedings. (3) Where disciplinary proceedings instituted against any officer suspended under these Regulations do not result in his dismissal, he shall be paid such proportion of his salary withheld under sub-regulation (2) as the Commission may direct. (4) Subject to the provisions of this regulation, the suspension of an officer shall have effect during such period, and in accordance with such conditions, as the Commission shall specify by notice in writing to any such officer; but where it appears expedient the Commission may, at any time during such period, abridge or extend such period by further notice in writing to any such officer.
Suspension following criminal conviction
35. (1) This regulation applies to an officer whose basic salary is not Procedure after less than the basic salary payable in respect of an officer in the Teaching conviction of Service graded as Superscale. officer whose basic salary is (As amended by S.I. No. 48 of 1991) not less than E5/10 (2) Where an officer to whom this regulation applies is, as a result of criminal proceedings, convicted of an offence likely to warrant disciplinary proceedings, such disciplinary proceedings shall, subject to the provisions of regulation 33, be instituted and determined in accordance with this regulation. (3) Upon the conviction, as aforesaid, of an officer to whom this
regulation applies, the responsible officer shall obtain(a) a true copy of the charge;
(b) a true copy of the judgment of the court by whom such officer was convicted; (c) in the case of any appeal, a true copy of the judgment of any court by whom such appeal was determined; and (d) a true record of the proceedings of any such court, if available.
(4) The responsible officer shall institute disciplinary proceedings against an officer, under this regulation, by delivering to such officer a written statement setting out particulars of the charge or charges and of the grounds upon which such disciplinary proceedings are instituted, together with a notice requiring such officer to submit to him, within such period as the responsible officer shall specify, an exculpatory statement in writing of the grounds on which such an officer relies to exculpate himself. (5) The responsible officer shall submit to the secretary the documents obtained under sub-regulation (3), with the statement of the charge or charges and the exculpatory statement, if any, referred to in sub-regulation (4), together with his written comments. (6) Notwithstanding the provisions of regulations 37, 38 and 39, the Commission may consider any disciplinary proceedings instituted against an officer under this regulation upon perusal of the documents referred to in sub-regulation (5) and may, in like manner, determine whether such officer is to be dismissed or subjected to some other punishment on account of the offence of which he is convicted. 36. An officer acquitted of a criminal charge in any court shall not be dismissed or otherwise punished for any charge upon which he has been so acquitted, but nothing in this regulation shall prevent him being dismissed or otherwise punished on any other charges arising out of his conduct in the matter. 37. (1) Subject to the provisions of regulation 35, disciplinary Proceedings after acquittal on criminal charge
Institution and
proceedings against an officer under these Regulations shall be instituted by the disciplinary authority:
form of disciplinary proceedings
Provided that the responsible officer may, in any case where he considers it necessary or desirable, assume and exercise the functions of the disciplinary authority in relation to such disciplinary proceedings and, without prejudice to the provisions of sub-regulation (2) of regulation 40, the provisions of these Regulations shall apply mutatis mutandis to such disciplinary proceedings as they apply to disciplinary proceedings instituted by a disciplinary authority. (2) Subject to the provisions of regulation 35, disciplinary proceedings instituted against(a) an officer-
(i) whose basic salary is not less than the basic salary payable in respect of the officer graded as ES/10 (ii) who has misconducted himself in such manner as would, in the opinion of the disciplinary authority, warrant his dismissal, discharge, reduction of rank or reduction in salary; shall be formal disciplinary proceedings; (b) any other officer who has misconducted himself in such manner as would, in the opinion of the disciplinary authority, warrant punishment other than punishment referred to in sub-paragraph (ii) of paragraph (a), shall be summary disciplinary proceedings. (3) In this regulation"formal disciplinary proceedings" means disciplinary proceedings under regulation 38; and "summary disciplinary proceedings" means disciplinary proceedings under regulation 39. (As amended by S.I. No. 48 of 1991) 38. (1) Any disciplinary proceedings instituted against an officer referred to in paragraph (a) of regulation 37 (2) shall be instituted and determined in accordance with this regulation. Formal disciplinary proceedings
(2) Whenever a disciplinary authority institutes disciplinary proceedings against an officer (hereinafter in these Regulations referred to as "the concerned officer") under this regulation, he shall do so after such consultation with the Director of Public Prosecutions as he considers necessary, by delivering to the concerned officer a written statement setting out particulars of the charge or charges and of the grounds upon which such disciplinary proceedings are instituted, together with a notice requiring the concerned officer to submit to the disciplinary authority, within such period as the disciplinary authority shall specify, an exculpatory statement in writing of the grounds on which the concerned officer relies to exculpate himself. (3) Upon the expiry of the period specified in the notice delivered to the concerned officer under sub-regulation (2), the disciplinary authority shall consider the exculpatory statement, if any, of the concerned officer and may(a) exculpate the concerned officer and inform him accordingly in writing; or (b) subject to the provisions of regulation 40, impose such punishment on the concerned officer as is proper, having regard to all the circumstances of the case; or (c) submit to the responsible officer the case together with a statement of the charge, or charges, the exculpatory statement, if any, of the concerned officer and the written comments of the disciplinary authority. (4) The responsible officer shall consider any case submitted to him under paragraph (c) of sub-regulation (3), and the documents therein referred to, and may(a) exculpate the concerned officer and direct the disciplinary authority to inform the concerned officer accordingly; or (b) subject to the provisions of regulation 40, impose such punishment on the concerned officer as is proper, having regard to all the circumstances of the case; or
(c) submit the case, with the documents referred to in paragraph (c) of sub-regulation (3), together with his written comments, to the secretary for consideration and determination by the Commission. (5) Where it appears to the Commission, upon consideration of the report of the responsible officer and the exculpatory statement, if any, of the concerned officer, and all other documents submitted for its consideration under sub-regulation (4), that further investigation of the case is necessary, the Commission shall, subject to the provisions of sub-regulation (6), appoint a committee to carry out such further investigation as the Commission may direct. (6) A committee appointed under sub-regulation (5) (hereinafter referred to as "the committee") shall consist of not less than three members who shall be public officers, and(a) one member shall have legal qualifications;
(b) the other members shall be appointed with due regard to the office of the concerned officer. (7) The committee shall, as soon as may be practicable and before it takes any further step in carrying out an investigation under this regulation, give notice in writing to the concerned officer stating that, at a date, and at a place and time, specified in such notice, it intends to investigate such matters as shall be specified in such notice and that the concerned officer is required or, as the case may be, permitted to appear before the committee during such investigation. (8) Whenever any person other than the concerned officer is questioned by the committee in the course of an investigation under this regulation, the concerned officer shall be given the opportunity of being present and of putting questions on his behalf to such person, and any document used by the committee in the course of its investigation shall be made available for scrutiny by the concerned officer at his request. (9) If the concerned officer so requests, and it appears to the committee necessary or desirable, the committee may permit the concerned officer to be represented by a legal practitioner or by a public officer nominated by the concerned officer or nominated, with the consent of the
concerned officer, by the committee, and the provisions of sub-regulation (8) shall apply in relation to such legal practitioner or such public officer as they apply to the concerned officer. (10) Where it appears to the committee, as a result of its investigation under this regulation, that there are grounds for instituting disciplinary proceedings, other than those in respect of which the committee is appointed, against the concerned officer, the committee shall so inform the disciplinary authority in writing. (11) On completion of its investigation under this regulation, the committee shall prepare and submit to the Commission a written report setting out the matters investigated by the committee, and such report shall include(a) a statement whether, in the opinion of the majority of the members of the committee, the concerned officer is guilty of the charge or charges alleged against him and investigated by the committee, and a brief statement of the reason for that opinion; and (b) particulars of any matters which, in the opinion of the majority of the members of the committee, tend to aggravate or mitigate, as the case may be, the gravity of the case; and (c) a clear summary of the findings of the committee or, in the case of dissent among the members, of the majority of the members thereof, on the matters investigated by the committee; but the committee shall not make any recommendation as to, or otherwise comment on, the form of punishment that may be imposed on the concerned officer. (12) The Commission may, after consideration of a report submitted to it under sub-regulation (11), refer the report to the committee for clarification on any matter arising thereon or therein contained, or for further investigation and report, under this regulation, as the Commission may direct, and the committee shall comply with any such direction as soon as may be practicable. (13) The Commission shall consider all matters submitted to it for its consideration and determination under this regulation, including any report submitted under sub-regulation (11) or (12), and shall determine,
subject to the provisions of regulation 40, whether any punishment is to be imposed on the concerned officer, and give directions accordingly. (14) The disciplinary authority shall give notice in writing to the concerned officer of any punishment imposed on him under this regulation, and such notice shall, except in the case of a severe reprimand, a reprimand or any punishment imposed by the Commission, inform the concerned officer of his right to appeal under regulation 42. 39. (1) Any disciplinary proceedings instituted against an officer referred to in paragraph (b) of regulation 37 (2) shall be instituted and determined in accordance with this regulation. (2) Whenever a disciplinary authority institutes disciplinary proceedings against an officer under this regulation, he shall do so after such investigation as he considers necessary, by delivering or causing to be delivered to the concerned officer a written statement setting out particulars of the charge or charges and of the grounds upon which such disciplinary proceedings are instituted, together with a notice requiring the concerned officer to submit to the disciplinary authority, within such period as the disciplinary authority shall specify, an exculpatory statement in writing of the grounds on which the concerned officer relies to exculpate himself. (3) Upon the expiry of the period specified in the notice delivered to the concerned officer under sub-regulation (2), the disciplinary authority shall consider the exculpatory statement, if any, of the concerned officer and shall(a) subject to the provisions of regulation 40, impose such punishment on the concerned officer as is proper having regard to all the circumstances of the case; or (b) exculpate the concerned officer and inform him accordingly in writing. (4) Notwithstanding the foregoing provisions of this regulation, where it appears to the disciplinary authority, after such investigation as he considers necessary, that disciplinary proceedings instituted under this regulation would warrant a punishment not more severe than a Summary disciplinary proceedings
reprimand, the disciplinary authority may institute such disciplinary proceedings by conveying a reprimand to the concerned officer without a written statement of the charge or of the grounds upon which such disciplinary proceedings are instituted and it shall be sufficient compliance with this regulation if the disciplinary authority, by notice in writing given to the concerned officer thereafter, confirms such reprimand and specifies the reasons therefor. (5) Except in the case of a reprimand imposed under sub-regulation (4), the disciplinary authority shall give notice in writing to the concerned officer of any punishment imposed on him under this regulation. (6) Except in the case of a severe reprimand or a reprimand other than notice given under sub-regulation (5), the disciplinary authority shall inform the accused officer of his right to appeal under regulation 42. 40. (1) The Commission may impose any one or more of the following Punishments punishments under these Regulations: which may be imposed by disciplinary authority, responsible officer or Commission (a) (b) (c) (d) (e) (f) (g) (h) dismissal or retirement in the public interest under regulation 29; discharge, by due notice or by payment of salary in lieu thereof; reduction in salary; deferment of increment; stoppage of increment; withholding of increment; severe reprimand; reprimand.
(As amended by S.I. No. 76 of 1988) (2) A responsible officer may impose any one or more of the following punishments under these Regulations, in the case of an officer serving in Division I, II or III, that is to say: (a) (b) (c) deferment of increment; stoppage of increment; withholding of increment;
(d) temporary reduction in salary, which may be to a lower salary scale but which, in no case, shall be to a point lower than the point at which the employee was appointed and which shall only be a specific point in a recognised salary scale; (e) (f) severe reprimand; reprimand.
(3) A supervising officer may impose any one or more of the following punishments under these Regulations, in the case of an officer serving in Division II or III, that is to say: (a) (b) (c) (d) (e) deferment of increment; stoppage of increment; withholding of increment; severe reprimand; reprimand.
41. (1) A disciplinary authority shall submit a report to the responsible Reports and officer of all disciplinary proceedings instituted and determined by the records of disciplinary authority including disciplinary proceedings where no disciplinary
punishment is imposed.
proceedings determined by disciplinary authority
(2) The responsible officer shall review all disciplinary proceedings reported to him under sub-regulation (1) and he may, if he considers that the punishment imposed is too severe or too lenient, that no punishment should have been imposed, or that a punishment should have been imposed where no punishment was imposed, refer the matter to the disciplinary authority for further report as the responsible officer may direct. (3) The responsible officer shall make a report to the secretary, from time to time as the Commission may direct, of every case where disciplinary proceedings are determined by him or by the disciplinary authority, and shall submit therewith any report made to him under the foregoing provisions of this regulation, together with the copy of the relevant charge or charges, a copy of the relevant exculpatory statement, if any, and a copy of any notice required to be given under regulation 38 or 39, of the result of such disciplinary proceedings. 42. (1) Except in the case of punishment imposed by the Commission, an officer may appeal to the Commission against any punishment other than a severe reprimand or a reprimand imposed on him under these Regulations. Appeals against punishment imposed by disciplinary authority or responsible officer
(2) Every appeal made by an officer under this regulation shall be in writing, addressed to the disciplinary authority, or, as the case may be, to the responsible officer, by whom the punishment is imposed and shall set out clearly the grounds of the appeal, and every such appeal shall be delivered to the disciplinary authority or to the responsible officer as aforesaid not later than twenty-one days from the date of the notice given to such officer informing him of the punishment imposed. (3) Every appeal under this regulation shall(a) in the case of an appeal delivered to a disciplinary authority
under sub-regulation (2), be submitted by the disciplinary authority to the responsible officer; (b) (i) in the case of an appealdelivered to the responsible officer under sub-regulation (2); or
(ii) submitted to the responsible officer under paragraph (a); be submitted by the responsible officer to the secretary for consideration and final determination by the Commission. (4) In considering any appeal under this regulation, the Commission may give such direction under sub-regulation (3) of regulation 41 as it may deem necessary for the purpose of determining the appeal. (5) Every determination of the Commission under this regulation shall have effect in accordance with the directions of the Commission, and notice in writing thereof shall be given to the appellant by the responsible officer. 43. The provisions of this Part shall apply to every officer including an officer serving on contract or agreement, whether on a temporary basis or otherwise, and any term or condition in such contract or agreement providing for the termination of the services of such officer shall be construed to be in addition to, and not in derogation of, the provisions of this Part. Application of Part VI to officers serving on contract
PART VII MISCELLANEOUS

44. Any officer who submits any matter for the consideration of the Commission shall ensure that all relevant documents and papers are made available to the Commission, and the Commission may require the production of any further documents or information relevant to the matter under consideration. Production of relevant documents, etc. Correspondence
45. All correspondence for the Commission from responsible officers Service of and other persons shall be addressed to the secretary unless otherwise documents
provided by these Regulations. 46. (a) Where under the provisions of these Regulationsit is necessary-
(i) to deliver or serve any notice, charge or other document to or upon any officer; or (ii) to communicate any information to any officer by reason of such officer having absented himself from duty; and (b) it is not possible to effect such delivery or service, or to communicate such information, to such officer personally; it shall be sufficient if such notice, charge or other document, or a letter containing such information, be served upon such officer by post to his last known address. 47. Any case not covered by these Regulations shall be reported to the Cases not secretary, and the Commission shall determine the procedure to be otherwise provided for adopted.
FIRST SCHEDULE
(Regulation 6)

I, having been appointed as Chairman/member of the Teaching Service Commission, do swear that I will, without fear or favour, affection or ill will, discharge the functions of the office of Chairman/member of the Teaching Service Commission, and that I will not, directly or indirectly, reveal any matters relating to such functions to any unauthorised persons or otherwise than in the course of duty. SO HELP ME GOD Sworn/Declared before me this day of ................... ,19 ....... Judge
SECOND SCHEDULE
(Regulation 6)
OATH OF SECRETARY AND STAFF OF COMMISSION

I, having been appointed to exercise the functions of Secretary to/a member of the staff of/the Teaching Service Commission, do swear that I will not, directly or indirectly, reveal to any unauthorised person or otherwise than in the course of duty the contents or any part of the contents of any document, communication or information whatsoever which may come to my knowledge in the course of my duties as such. SO HELP ME GOD Sworn/Declared before me this day of ................... , 19..... Commissioner for Oaths
THE POLICE AND PRISON SERVICE COMMISSION REGULATIONS
ARRANGEMENT OF REGULATIONS PART I PRELIMINARY

PART II GENERAL
4. 5. 6. Secretary and staff Presiding at meetings Records of meetings
7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18.
Decisions by circulation of papers Dissent Quorum Privilege for reports, etc. Privilege of members Disclosures Matters to be considered by Commission Selection board Obligation to conform with Regulations Obligation to hear responsible officer Irregular representation Oaths on appointment
PART III APPOINTMENTS (INCLUDING PROMOTIONS AND TRANSFERS), CONFIRMATION OF APPOINTMENTS, FORCE EXAMINATIONS AND TERMINATION OF APPOINTMENTS OTHERWISE THAN BY DISCIPLINARY PROCEEDINGS
19. 20. 21. 22. 23. 24. Advertisements Procedure and forms Vacancies Vacancies to be filled after examination or course of study Recruitment outside Zambia Appointments
25. 26. 27. 28. 29.
Probationary appointment and termination Compulsory retirement Acting appointments Force examinations Further reports
30. Renewal of agreements and admission to permanent and pensionable establishment
PART IV DISCIPLINE
31. 32. Procedure when criminal offence may have been committed Suspension of officers
33. Suspension of disciplinary proceedings pending final determination of criminal proceedings 34. 35. 36. 37. 38. 39. Suspension following criminal conviction Procedure after conviction of officer Proceedings after acquittal on criminal charge Institution and form of disciplinary proceedings Formal disciplinary proceedings Summary disciplinary proceedings
40. Punishments which may be imposed by Commission, responsible officer or disciplinary authority 41. Reports and records of disciplinary proceedings determined by disciplinary authority or responsible officer 42. Appeals against punishment imposed by disciplinary authority or responsible officer 43. 44. 45. Retirement in public interest Application of Part IV to officers serving on contract Service of documents
PART V
MISCELLANEOUS
Regulation 46. 47. 48. Production of relevant documents, etc. Correspondence Cases not otherwise provided for
FIRST SCHEDULE-Oath of member of Commission SECOND SCHEDULE-Oath of secretary and staff of Commission THE POLICE AND PRISON SERVICE COMMISSION REGULATIONS Regulations made by the Police and Prison Service Commission, with the consent of the President, and continued in force by virtue of section 15 of the Interpretation and General Provisions Act. Statutory instrument 65 of 1976 Cap. 2
PART I PRELIMINARY
1. These Regulations may be cited as the Police and Prison Service Commission Regulations. 2. In these Regulations, unless the context otherwise requires"basic salary" means the salary payable to an officer exclusive of any inducement allowance, personal allowance or other allowance or any direct payments made under assistance schemes; "Chairman" means the Chairman of the Commission or any other person appointed to act as Chairman of the Commission; "Commission" means the Police and Prison Service Commission established by the Constitution and the Service Commissions Act; Title
Interpretation
"Commissioner" means the Commissioner of Prisons; "disciplinary authority" means a supervising officer; "Force" means the Zambia Police Force or the Zambia Prison Service; "Inspector-General" means the Inspector-General of Police; "member" means any member of the Commission, and includes the Chairman and any person appointed to act as a member; "officer" means a person holding or performing the functions of the office of police officer or prison officer; "officer-in-charge" means an officer appointed by the Inspector-General Cap. 97 to be in charge of a police station in any district, or, in the case of prisons, an officer appointed by the Commissioner under section five of the Prisons Act; "police officer" means any member of the Zambia Police Force; "prison officer" means any member of the Zambia Prison Service; "responsible officer" means the Permanent Secretary, Ministry of Home Affairs; "secretary" means the secretary to the Commission; "supervising officer" means the Inspector-General or the Commissioner. 3. These Regulations shall apply to all police officers or prison officers Application including, so far only as concerns the appointment of persons thereto or to act therein, the office of the Inspector-General or the Commissioner.
PART II
GENERAL
4. The Commission shall appoint a secretary to the Commission, who Secretary and shall not be a member, and such other staff as it may from time to time staff consider necessary. 5. Every meeting of the Commission shall be presided over by the Chairman. 6. A record shall be kept of the members present and the business transacted at every meeting of the Commission. Presiding at meetings Records of meetings
7. The Commission may make decisions without holding a meeting by Decisions by circulating relevant papers among members who shall in writing make circulation of known to the Commission their views on such papers, but any member papers may require the implementation of any such decision to be deferred until the subject-matter of such decision has been considered at a full meeting of the Commission. 8. Any member shall be entitled to dissent from a decision of the Commission and to have his dissent and his reasons therefor set out in the records of the Commission. Dissent
9. The Chairman and any two members shall constitute a quorum for a Quorum meeting of the Commission or for making a decision of the Commission by the circulation of papers. 10. Any report, statement, record or other written communication Privilege for concerning any meeting, inquiry or proceedings made by the reports, etc. Commission in exercise of its functions or made by any member in performance of his duties and any application form, report or other written communication, despatched to the Commission in connection with the exercise of its functions and in the possession of the Commission, shall be privileged to the extent that its production may not be compelled in any legal proceedings unless the Chairman certifies that such production is in the public interest.
11. Every member shall have such protection and privilege, in case of Privilege of any action or suit brought against him for any act done or purported to members be done in the bona fide execution of his duties, as is by law given to the acts done or words spoken by a Judge in the exercise of his judicial office. 12. No member of the Commission, nor the secretary nor any member Disclosures of the staff of the Commission nor any other person shall publish or disclose to any person, otherwise than in the exercise of his official functions, the contents of any document, communication or information whatsoever which has come to his notice in the course of his duties. 13. In exercising its powers in connection with the appointment, promotion or transfer of officers in the Force, the Commission shall have regard to the maintenance of the high standard of efficiency necessary in the Force and shall(a) give due consideration to qualified officers serving in the Force and to residents of Zambia; (b) in the case of officers in the Force, take into account qualifications, experience and merit as well as seniority in the Force; and (c) where a post cannot be filled eitherMatters to be considered by Commission
(i) by the appointment or promotion of a suitable person already in the Force; or (ii) by the appointment of a suitable person who has successfully completed a course of study or training acceptable to the Commission; call for applications for the post by advertisement: Provided thatA for special reasons the Commission may decide not to advertise; B. the Commission may restrict the application of such advertisement to persons who are already in the Force; and C. where it is satisfied that no
suitable candidate with the requisite qualifications is available in Zambia, the Commission may decide that the post be filled by recruitment from outside Zambia. 14. (1) The Commission may constitute a selection board made up of Selection board such members of the Commission and/or other persons as the Chairman may appoint. (2) The selection board shall advise the Commission on any matters referred to it by the Commission. 15. The Commission shall not discipline or terminate the appointment, Obligation to whether by dismissal or otherwise, of any officer in the Force except in confirm with accordance with the provisions of these Regulations. Regulations 16. The Commission shall, at the request of the responsible officer, hear the responsible officer personally in connection with any recommendation made by him to the Commission. 17. In carrying out its duties under the provisions of the Constitution and these Regulations, the Commission shall not take into account any representations made to it otherwise than in accordance with the Constitution or these Regulations: Provided that nothing in this regulation shall be deemed to prohibit the Commission from taking into account a bona fide reference or testimonial of service. 18. (1) Every member shall, on appointment but before assuming the Oaths on duties of his office, take an oath in the form set out in the First Schedule. appointment (2) The secretary and such other members of the staff of the Commission as the Chairman may require so to do, shall, on appointment but before assuming the duties of his office, take an oath in the form set out in the Second Schedule. (3) Where any person is required to take an oath under this regulation Obligation to hear responsible officer Irregular representation
and(a) (b) he has no religious belief; or the taking of an oath is contrary to his religious belief;
he may make and subscribe a solemn affirmation in the form of the oath prescribed in sub-regulation (1) or (2), as the case may be, substituting the words "solemnly and sincerely declare and affirm" for the word "swear" and omitting the words "so help me God" (4) Every oath or affirmation taken by a member shall be administered by a Judge and every oath or affirmation taken by the secretary or any other member of the staff of the Commission shall be administered by a commissioner for oaths.
PART III APPOINTMENTS (INCLUDING PROMOTIONS AND TRANSFERS), CONFIRMATION OF APPOINTMENTS, FORCE EXAMINATIONS AND TERMINATION OF APPOINTMENTS OTHERWISE THAN BY DISCIPLINARY PROCEEDINGS
19. The Commission shall determine the form of advertisements issued in accordance with paragraph (c) of regulation 13. The qualifications specified in such advertisements shall be those approved by the responsible officer, after consultation with the Commission, for the vacancy under consideration. Advertisements
20. The Commission shall determine the procedure to be followed in dealing with applications for appointment to the Force, including the proceedings of any selection board appointed by the Chairman to interview candidates and shall determine the forms to be used in connection with the discharge of its functions.
Procedure and forms
21. (1) When a vacancy occurs, or it is known that a vacancy will occur Vacancies in the Force, the Inspector-General or the Commissioner will report the fact to the responsible officer and(a) if the Inspector-General or the Commissioner recommends that the vacancy should be filled by the appointment or promotion of an officer serving in the Force he will so inform the responsible officer and, if the promotion of that officer would involve the supersession of any more senior officers in the Force, he will also state the reasons for the supersession of each such officer; (b) if the Inspector-General or the Commissioner is unable to recommend the promotion of a serving officer to fill a vacancy he will inform the responsible officer of the names of the most senior officers serving in the particular grade or cadre from which the promotion would normally be made, and state the reasons why he does not consider the officers named to be suitable for promotion to the vacant post; (c) if the Inspector-General or the Commissioner recommends that applications to fill the vacancy should be invited from serving officers or from both serving officers and the general public he will attach to his report a draft advertisement setting out details of the vacant post and the duties and qualifications attached to it; (d) if the Inspector-General or the Commissioner is unable to recommend that the vacancy should be filled immediately, he will so inform the responsible officer and state his reasons therefor. (2) The responsible officer will verify the details of the vacancy and will forward the Inspector-General's or the Commissioner's recommendations, with his own comments thereon, to the secretary. 22. (a) Where a vacancy is to be filledVacancies to be according to the results of examinations which are conducted or filled after examination or
supervised by the Commission; or (b) on the successful completion of a course of study or training designed to qualify a candidate for appointment to the Force; the Commission may make such arrangements in respect of the filling of such vacancy as it considers appropriate.
course of study
23. If the Inspector-General or the Commissioner is informed that the Recruitment Commission has decided that a particular vacancy should be filled by outside Zambia recruitment from outside Zambia, he shall prepare an indent on the appropriate form and submit it to the responsible officer for verification. 24. (1) The responsible officer may make a temporary non-contract Appointments appointment for a period not exceeding three months to a vacant post in Division I, II, or III. (2) If the responsible officer intends that a temporary appointment to a vacant post should continue for more than three months then, not later than two months from the effective date of such appointment, he shall forward details of the officer so appointed and the reasons for such appointment to the secretary with a recommendation regarding the length of time during which temporary appointment will be required. (3) If the responsible officer intends that an officer appointed temporarily to a vacant post should subsequently be appointed on probation, he shall forward details of the officer to the Commission which will determine whether or not such officer shall be appointed on probation. (4) Every appointment on contract terms and every appointment involving promotion shall be made by the Commission. 25. (1) Where an officer holds a probationary appointment, three Probationary months before the expiration of the period of such probationary appointment appointment, the Inspector-General or the Commissioner shall consider- and termination (a) whether such officer should, on such expiration, be confirmed in a pensionable post; (b) whether a further period of probationary service is necessary to
determine whether such officer should be confirmed; or (c) whether such officer should not remain in the Force.
(2) If, after consideration of the matters referred to in sub-regulation (1), the Inspector-General or the Commissioner is of the opinion that an officer in a probationary appointment should be confirmed in a pensionable appointment and if that officer has passed such examinations as may be required as a condition for confirmation in his appointment, the Inspector-General or the Commissioner shall, as soon as may be before the expiration of the period of probationary appointment, forward a recommendation that the officer be confirmed to the responsible officer who will refer it, with his comments, to the secretary. (3) If, after consideration of the matters referred to in sub-regulation (1), the Inspector-General or the Commissioner is of the opinion that the work and conduct of an officer in a probationary appointment have been of a standard to justify confirmation in a pensionable office, but the officer has not completed the examinations required for his appointment, the Inspector-General or the Commissioner shall, as soon as may be before the expiration of that officer's probationary appointment, forward a report together with his recommendations as to the period of further probationary service which the officer should be granted in order to pass the required examinations to the responsible officer who will refer it, with his comments, to the secretary. (4) If, after consideration of the matters referred to in sub-regulation (1), the Inspector-General or the Commissioner is of the opinion that the work or conduct of an officer in a probationary appointment has not been satisfactory, he shall so inform the officer in writing and indicate whether he proposes to recommend(a) an extension of the officer's probationary service to show whether he can overcome the defects noted: or (b) that the officer's probationary appointment should be terminated.
(5) The Inspector-General or the Commissioner shall, when giving to an officer the information mentioned in sub-regulation (4), ask the officer whether he wishes to make, within a period to be appointed by the
Inspector-General or the Commissioner, any representations on the recommendations proposed. On the expiration of the period allowed to the officer to make any representations, the Inspector-General or the Commissioner shall forward a report on the officer, together with a copy of the letter to the officer and of the latter's representations, if any, his comments thereon and a recommendation either that the period of probationary service should be extended or that the officer should not remain in the Force, to the responsible officer for action. (6) The responsible officer may dismiss any officer on probation who commits a serious disciplinary offence and may in any case terminate the appointment of such officer by giving him one month's notice in writing or one month's salary in lieu of notice. Any officer on probation may terminate his service by giving the responsible officer one month's notice or by paying one month's salary in lieu of notice. Compulsory 26. If the responsible officer is of the opinion that an officer who is serving in the Force and who holds a pensionable office should be called retirement upon to retire from the Force on the grounds that he has attained the age at which he can, under the provisions of the appropriate Pensions Act, lawfully be required to retire from the Force, the responsible officer shall(a) inform such officer that he intends to recommend that such officer be compulsorily retired from the Force; (b) ask such officer whether he wishes to make, within a period of time to be appointed by the responsible officer, any representations why he should not be so retired; and (c) after the expiration of such period, forward his recommendations together with a copy of his letter to such officer and the latter's representations, if any, and his comments thereon to the secretary. 27. (1) If the Inspector-General or the Commissioner recommends that Acting appointments an officer should act for a period of not less than thirty days in a post higher than that held substantively, or for a period of less than thirty days where it is required by law that the functions of the higher post may be exercised only by a person authorised by notification in the Gazette to exercise those functions, and that higher post is prescribed by the Government as a post carrying an acting allowance, he will so inform the responsible officer.
(2) If any recommendation made under sub-regulation (1) involves the supersession of any more senior officers serving in the Force, detailed reasons for the supersession of each such officer shall be forwarded with the recommendation. (3) The responsible officer shall forward the Inspector-General's or the Commissioner's recommendations, with his comments, to the secretary. (4) In considering recommendations for acting appointments, the Commision shall apply the standards prescribed in regulation 13, except that consideration may also be given to the exigencies of the Force. 28. (1) No officer shall be considered for promotion unless he has passed the appropriate examinations organised by the Commission, the Inspector-General or the Commissioner. (2) As soon as an officer passes any appropriate examination, the Inspector-General or the Commissioner will notify the secretary through the responsible officer accordingly. (3) If the Inspector-General or the Commissioner considers that the officer is unable to pass any of the examinations referred to in sub-regulation (1) for reasons other than the officer's failure to pass the examinations required for his appointment, the Inspector-General or the Commissioner shall report to the responsible officer the reasons causing the officer's failure. The responsible officer will transmit the reasons, with his comments, to the secretary. 29. If, upon consideration of a recommendation made by the Inspector-General or the Commissioner that an officer serving in the Force should be confirmed in a pensionable post, the Commission is of the opinion that it requires further information, the Commission may through the responsible officer refer the matter back to the Inspector-General or the Commissioner for a further report. 30 (1) Where an officer is serving on an agreement for a specified period of service and the Inspector-General or the Commissioner desires to retain his services for a further tour of service then, not later than thirty-three months after the officer's first day of resident service or Further reports Force examinations
Renewal of agreements and admission to permanent and
three months before the officer' last day of duty, whichever is the earlier, pensionable the Inspector-General or the Commissioner shall invite the officer in establishment writing either, if the officer be so eligible, to apply for admission to the permanent and pensionable establishment or, if the officer is ineligible for admission to the permanent and pensionable establishment, to apply to be engaged for a further period of service. If the officer states either that he does not wish to be admitted to the permanent and pensionable establishment or to be engaged for a further period of service, no further action will be necessary. If the officer duly applies either to be admitted to the permanent and pensionable establishment or to be engaged for a further period of service, the Inspector-General or the Commissioner shall forward to the responsible officer the officer's application together with his recommendation and state whether the officer has passed the relevant examinations, if any, the details of which must be given. The responsible officer shall forward the officer's application and the Inspector-General's or the Commissioner's recommendations, with his comments, to the secretary. (2) Where an officer is serving on an agreement for a specified period of service and the Inspector-General or the Commissioner does not wish to retain the services of such officer for a further period of service, then the Inspector-General or the Commissioner shall so inform the officer in writing not later than five months before the officer's last day of duty and ask the officer if he has any representations to make within such period as may be appointed by the Inspector-General or the Commissioner. If the officer does not wish to be engaged for a further period of service no further action will be necessary. If the officer does make representations, the Inspector-General or the Commissioner shall forward a full statement of reasons for recommending that the officer should not be engaged for further service, together with a copy of his letter to the officer and the latter's representations and his comments thereon, to the responsible officer who will forward them, with his comments, to the secretary. (3) If the Commissioner is satisfied that a post which an expatriate officer occupies cannot be easily or immediately Zambianised, the Commission may extend or renew the officer's contract at or near its end. (4) The Commission may consider offering contract terms to any suitably qualified candidate for appointment who is over the age of forty-five.
(5) A married woman may be appointed to the Force on permanent and pensionable terms and conditions of service should she so desire. However, should her marriage cause a break in the service, she shall be granted unpaid leave until such time as she can resume service with the Force. If during this period of unpaid leave the officer is prepared to continue to contribute to the Civil Service Pension Scheme, then this period shall count towards pensionable service but not otherwise.
PART IV
DISCIPLINE
31. (1) Whenever it comes to the notice of a disciplinary authority that a criminal offence likely to warrant disciplinary proceedings may have been committed by an officer, it shall be the duty of the disciplinary authority to inform the responsible officer forthwith.
Procedure when criminal offence may have been committed
(2) Whenever it comes to the notice of the responsible officer that a criminal offence likely to warrant disciplinary proceedings may have been committed by an officer, or whenever the responsible officer is so informed under sub-regulation (1), it shall be the duty of the responsible officer to consult the Director of Public Prosecutions as to whether criminal proceedings are being instituted against such an officer. (3) Where, after consultation with the Director of Public Prosecutions, the responsible officer is informed that criminal proceedings are not being instituted as aforesaid, it shall be the duty of the responsible officer to decide whether disciplinary proceedings are to be instituted against the officer and to give directions accordingly. (4) Whenever criminal proceedings are instituted against an officer, it shall be the duty of the responsible officer to submit a report forthwith to the secretary setting out the facts of the case, together with a statement as to whether such an officer has been suspended under regulation 32. 32. (1) The responsible officer or supervising officer may suspend an Suspension of officer from the exercise of the powers and functions of his office if he is officers
satisfied that the public interest so requires when(a) criminal proceedings are instituted against such officer; or
(b) disciplinary proceedings for his dismissal are instituted or are about to be instituted against such officer. (2) Whenever the responsible officer or supervising officer suspends an officer under this regulation, he shall notify such officer in writing of the reasons and shall deliver a copy of the notice to the secretary or responsible officer, as the case may be. (3) An officer who is suspended under sub-regulation (1) shall, during the period of his suspension, receive such proportion of his salary, not being less than half of his salary, as the responsible officer may direct. (4) Where criminal or disciplinary proceedings have been instituted against an officer under suspension and such officer(a) is not convicted as a result of such criminal proceedings; and
(b) is not subjected to any punishment under these Regulations as a result of such disciplinary proceedings; the whole amount of his salary withheld under sub-regulation (3) shall, upon the expiry of the period of his suspension, be paid to him. (5) Where criminal or disciplinary proceedings have been instituted against an officer under suspension and such officer(a) is or is not convicted as a result of such criminal proceedings, if any; and (b) is subjected to any punishment under these Regulations, other than dismissal, as a result of such disciplinary proceedings; he shall, upon the expiry of the period of his suspension, be paid such proportion of his salary withheld under sub-regulation (3) as the Commission may direct.
(6) Subject to the provisions of sub-regulation (3), the suspension of an officer shall have effect during such period, and in accordance with such conditions, as the Commission shall specify by notice in writing to such officer: Provided that, where it appears expedient, the Commission may at any time during such period abridge or extend such period by further notice in writing to such officer. (7) An officer who is suspended under this regulation shall not leave Zambia without the permission of the responsible officer during the period of his suspension. (8) In this regulation"salary" includes any personal allowance, inducement allowance and direct payments made under assistance schemes. 33. Where criminal proceedings are instituted against an officer, no disciplinary proceedings shall be instituted against such officer upon any ground which is the subject of such criminal proceedings, or, if such disciplinary proceedings have been instituted, they shall be suspended, until the conclusion of such criminal proceedings and the determination of any appeal therefrom. Suspension of disciplinary proceedings pending final determination of criminal proceedings Suspension following criminal conviction
34. (1) Where, as a result of criminal proceedings, an officer is convicted of an offence likely to warrant disciplinary proceedings for his dismissal, the responsible officer shall, by notice in writing to such officer, suspend him from the exercise of the powers and functions of his office and shall deliver a copy of such notice to the secretary. (2) Where disciplinary proceedings are instituted against an officer suspended under sub-regulation (1), the responsible officer shall direct that a proportion of his salary not being less than half be withheld, as from the date of his suspension, pending the determination of such disciplinary proceedings. (3) Where disciplinary proceedings instituted against an officer
suspended under this regulation do not result in his dismissal, he shall be paid such proportion of his salary withheld under sub-regulation (2) as the Commission may direct. (4) Subject to the provisions of this regulation, the suspension of an officer shall have effect during such period, and in accordance with such conditions, as the Commission shall specify by notice in writing to such officer: Provided that, where it appears expedient, the Commission may at any time during such period abridge or extend such period by further notice in writing to such an officer. Procedure after 35. (1) Where an officer is convicted of an offence likely to warrant disciplinary proceedings, such disciplinary proceedings shall, subject to conviction of the provisions of regulation 33, be instituted and determined in officer accordance with this regulation. (2) Upon the conviction of an officer, it shall be the duty of the responsible officer to obtain(a) a true copy of the charge;
(b) a true copy of the judgment of the court by whom such an officer was convicted; (c) in the case of any appeal, a true copy of the judgment of any court by whom such appeal was determined; and (d) a true record of the proceedings of every such court, if available.
(3) The responsible officer shall institute disciplinary proceedings against an officer under this regulation by delivering to such officer a written statement setting out particulars of the charge or charges and of the grounds upon which such disciplinary proceedings are instituted, together with a notice requiring such an officer to submit to the responsible officer, within such period as the responsible officer shall specify, an exculpatory statement in writing of the grounds on which such an officer relies to exculpate himself.
(4) The responsible officer shall submit, with his comments, the documents obtained under sub-regulation (2) together with the statement of the charge or charges and the exculpatory statement, if any, referred to in sub-regulation (3), to the secretary. (5) Notwithstanding the provisions of regulations 37, 38 and 39, the Commission may consider any disciplinary proceedings instituted against an officer under this regulation upon perusal of the documents referred to in sub-regulation (4), and may, in like manner, determine whether such an officer is to be dismissed or subjected to some other punishment on account of the offence of which he is convicted. 36. An officer acquitted of a criminal charge in any court shall not be dismissed or otherwise punished for any charges upon which he has been so acquitted, but nothing in this regulation shall prevent his being dismissed or otherwise punished on any other charges arising out of his conduct in the same matter. 37. (1) Subject to the provisions of regulation 35, disciplinary proceedings against an officer under these Regulations shall be instituted by the disciplinary authority: Proceedings after acquittal on criminal charge
Institution and form of disciplinary proceedings
Provided that the responsible officer may, in any case where he considers it necessary or desirable, assume and exercise the functions of the disciplinary authority in relation to such disciplinary proceedings, and, without prejudice to the provisions of sub-regulation (2) of regulation 40, the provisions of these Regulations shall apply mutatis mutandis to such disciplinary proceedings as they apply to disciplinary proceedings instituted by a disciplinary authority. (2) Subject to the provisions of regulation 35, disciplinary proceedings instituted against an officer who(a) has misconducted himself in such a manner as would, in the opinion of the disciplinary authority, warrant his dismissal or discharge or demotion or reduction in salary or a fine, shall be formal disciplinary proceedings; and (b) has misconducted himself in such a manner as would, in the
opinion of the disciplinary authority, warrant punishment other than a punishment referred to in sub-paragraph (a) above shall be summary disciplinary proceedings. (3) In this regulation"formal disciplinary proceedings" means disciplinary proceedings under regulation 38; "summary disciplinary proceedings" means disciplinary proceedings under regulation 39. 38. (1) Any disciplinary proceedings instituted against an officer referred to in paragraph (a) of regulation 37 (2) shall be instituted and determined in accordance with this regulation. (2) Whenever a disciplinary authority institutes disciplinary proceedings against an officer (in this regulation referred to as "the accused officer") under this regulation, he shall do so, after such consultation with the Director of Public Prosecutions as he considers necessary, by delivering to the accused officer a written statement setting out particulars of the charge or charges and of the grounds upon which such disciplinary proceedings are instituted, together with a notice in writing requiring the accused officer to submit to the disciplinary authority, within such period as the disciplinary authority shall specify, an exculpatory statement in writing of the grounds on which the accused officer relies to exculpate himself. (3) Upon the expiry of the period specified in the notice delivered to the accused officer under sub-regulation (2), the disciplinary authority shall consider the exculpatory statement, if any, of the accused officer and may(a) exculpate the accused officer and inform him accordingly in writing; or (b) subject to the provisions of regulation 40, impose such punishment on the accused officer as is proper, having regard to all the circumstances of the case; or (c) submit the case, together with a statement of the charge or charges, the exculpatory statement, if any, of the accused officer and the Formal disciplinary proceedings
written comments of the disciplinary authority, to the responsible officer. (4) The responsible officer shall consider any case submitted to him under paragraph (c) of sub-regulation (3) and the documents therein referred to and may(a) exculpate the accused officer and direct the disciplinary authority to inform the accused officer accordingly; or (b) subject to the provisions of regulation 40, impose such punishment on the accused officer as is proper, having regard to all the circumstances of the case; or (c) submit the case, together with the documents referred to in paragraph (c) of sub-regulation (3) and a written report thereon, to the secretary for consideration and determination by the Commission. (5) Where it appears to the Commission, upon consideration of the report of the responsible officer and the exculpatory statement, if any, of the accused officer and all other documents submitted for its consideration under sub-regulation (4), that further investigation of the case is necessary, the Commission shall, subject to the provisions of sub-regulation (6), appoint a committee to carry out such further investigations as the Commission may direct. (6) A committee appointed under sub-regulation (5) (hereinafter referred to as "the committee") shall consist of not less than three members who shall be public officers, and(a) one member shall be a legal practitioner; and
(b) the other members shall be appointed with due regard to the office of the accused officer. (7) The committee shall, as soon as may be practicable and before it takes any further step in carrying out an investigation under this regulation, give notice in writing to the accused officer stating that, on a date, and at a place and time, specified in such notice, it intends to investigate such matters as shall be specified in such notice and that the
accused officer is required or, as the case may be, permitted to appear before the committee during such investigation. (8) Whenever any person other than the accused officer is questioned by the committee in the course of an investigation under this regulation, the accused officer shall be given an opportunity of being present and of putting questions on his own behalf to such person, and any document used by the committee in the course of its investigation shall be made available for scrutiny by the accused officer at his request. (9) If the accused officer so requests and it appears to the committee necessary or desirable, the committee may permit the accused officer to be represented by a legal practitioner or by a public officer nominated by the accused officer or nominated, with the consent of the accused officer, by the committee, and the provisions of sub-regulation (8) shall apply in relation to such legal practitioner or such public officer as they apply to the accused officer. (10) Where it appears to the committee, as a result of its investigation under this regulation, that there are grounds for instituting disciplinary proceedings, other than those in respect of which the committee is appointed, against the accused officer, the committee shall so inform the disciplinary authority in writing. (11) On completion of its investigation under this regulation, the committee shall prepare and submit to the Commission a written report setting out the matters investigated by the committee, and such report shall include(a) a statement whether, in the opinion of a majority of the members of the committee, the accused officer committed the charge or charges alleged against him and investigated by the committee, and a brief statement of the reasons for that opinion; (b) particulars of any matters which, in the opinion of a majority of the members of the committee, tend to aggravate or mitigate, as the case may be, the gravity of the case; and (c) a clear summary of the findings of the committee or, in the case of dissent among the members, of a majority of the members thereof, on the matters investigated by the committee:
Provided that the committee shall not make any recommendation as to, or otherwise comment on, the form of punishment which may be imposed on the accused officer. (12) The Commission may, after consideration of a report submitted to it under sub-regulation (11), refer the report to the committee for clarification of any matter arising thereon or therein contained, or for further investigation and report under this regulation as the Commission may direct, and the committee shall comply with any such direction as soon as may be practicable. (13) The Commission shall consider all matters submitted to it for its consideration and determination under this regulation, including any report submitted under sub-regulation (11) or (12), and shall determine, subject to the provisions of regulation 40, whether any punishment is to be imposed on the accused officer, and it shall give directions accordingly. (14) It shall be the duty of the disciplinary authority to give notice in writing to the accused officer of any punishment imposed on him under this regulation and such notice shall, except in the case of a severe reprimand or a reprimand or any punishment imposed by the Commission, inform the accused officer of his right to appeal under regulation 42. 39. (1) Any disciplinary proceedings instituted against an officer referred to in paragraph (b) of regulation 37 (2) shall be instituted and determined in accordance with this regulation. (2) Whenever a disciplinary authority institutes disciplinary proceedings against an officer (in this regulation referred to as "the accused officer") under this regulation, he shall do so, after such investigation as he considers necessary, by delivering or causing to be delivered to the accused officer a written statement setting out particulars of the charge or charges and of the grounds upon which such disciplinary proceedings are instituted, together with a notice in writing requiring the accused officer to submit to the disciplinary authority, within such period as the disciplinary authority shall specify, an exculpatory statement in writing of the grounds on which the accused Summary disciplinary proceedings
person relies to exculpate himself. (3) Upon the expiry of the period specified in the notice delivered to the accused officer under sub-regulation (2), the disciplinary authority shall consider the exculpatory statement, if any, of the accused officer and shall(a) subject to the provisions of regulation 40, impose such punishment on the accused officer as is proper, having regard to all the circumstances of the case; or (b) exculpate the accused officer and inform him accordingly in writing. (4) Notwithstanding the foregoing provisions of this regulation, where it appears to the disciplinary authority, after such investigation as he considers necessary, that disciplinary proceedings instituted under this regulation would warrant a punishment not more severe than a reprimand, the disciplinary authority may institute such disciplinary proceedings by conveying a reprimand to the accused officer without a written statement of the charge or of the grounds upon which such disciplinary proceedings are instituted, and it shall be sufficient compliance with this regulation if the disciplinary authority, by notice in writing given to the accused officer, thereafter confirms such reprimand and specifies the reasons therefor. (5) Except in the case of a reprimand imposed under sub-regulation (4), it shall be the duty of the disciplinary authority to give notice in writing to the accused officer of any punishment imposed on him under this regulation. (6) Except in the case of a severe reprimand or a reprimand, every notice given under sub-regulation (5) shall inform the accused officer of his right to appeal under regulation 42. 40. (1) The Commission may impose any one or more of the following Punishments punishments under these Regulations: which may be imposed by Commission, responsible
officer or disciplinary authority (a) (b) (c) (d) (e) (f) (g) (h) (i) (j) dismissal; discharge, by due notice or by payment of salary in lieu thereof; reduction in rank; reduction in salary; reduction in seniority; deferment of increment; stoppage of increment; withholding of increment; severe reprimand; reprimand.
(2) The responsible officer may impose any one or more of the following punishments under these Regulations in the case of an officer serving in Divisions I, II and III: (a) (b) (c) (d) (e) reduction in salary; fine; deferment of increment; stoppage of increment; withholding of increment;
(f) (g)
severe reprimand; reprimand.
(3) A supervising officer may impose any one or more of the following punishments under these Regulations on an officer serving in Divisions II and III: (a) (b) (c) (d) (e) (f) fine; deferment of increment; stoppage of increment; withholding of increment; severe reprimand; reprimand.
41. (1) A disciplinary authority shall make a report of all disciplinary Reports and proceedings instituted and determined by him, including disciplinary records of proceedings where no punishment is imposed, to the responsible officer. disciplinary proceedings determined by disciplinary authority or responsible officer (2) The responsible officer shall review all disciplinary proceedings reported to him under sub-regulation (1) and may, if he considers that the punishment imposed was too severe or too lenient or that no punishment should have been imposed or that a punishment should have been imposed where no punishment was imposed, refer the matter to the disciplinary authority for further report, as the responsible officer may direct. (3) The responsible officer shall make a report to the secretary of every
case where disciplinary proceedings are determined by him or by the disciplinary authority and shall submit therewith any report made to him under the foregoing provisions of this regulation, together with a copy of the relevant charge or charges, a copy of any relevant exculpatory statement, if any, and a copy of any notice required to be given under regulation 38 or 39 of the result of such disciplinary proceedings. (4) The responsible officer shall keep records of all matters submitted or required to be submitted to him under this regulation and shall submit the same to the Commission from time to time, as the Commission may direct. 42. (1) Except in the case of punishment imposed by the Commission, an officer may appeal to the Commission against any punishment, other than a reprimand or a severe reprimand, imposed on him under these Regulations. Appeals against punishment imposed by disciplinary authority or responsible officer
(2) Every appeal made by an officer under this regulation shall be in writing addressed to the disciplinary authority or, as the case may be, to the responsible officer by whom the punishment is imposed, and shall set out clearly the grounds of appeal, and every such appeal shall be delivered to the disciplinary authority or to the responsible officer as aforesaid not later than twenty-one days from the date of the notice given to such an officer informing him of the punishment imposed. (3) Every appeal under this regulation shall(a) in the case of an appeal delivered to a disciplinary authority under sub-regulation (2), be submitted by the disciplinary authority to the responsible officer: (b) (i) (ii) in the case of an appealdelivered to the responsible officer under sub-regulation (2): or submitted to the responsible officer under paragraph (a);
be submitted by the responsible officer to the secretary for consideration and final determination by the Commission.
(4) In considering any appeal under this regulation, the Commission may give such directions under sub-regulation (4) of regulation 41 as it may deem necessary for purposes of determining the appeal. (5) Every determination of the Commission under this regulation shall have effect in accordance with the directions of the Commission, and notice in writing thereof shall be given by the responsible officer to the appellant. 43. (1) Notwithstanding the provisions of these Regulations, if the responsible officer considers that an officer should be retired from the Force on the grounds of public interest, he shall(a) obtain and consider reports submitted on the officer as to his work and conduct; (b) inform the officer of the tenor of such reports and allow him an opportunity within a period to be appointed by the responsible officer of showing cause why he should not be retired from the Force. (2) If, on the expiration of the period allowed to the officer to show cause why he should not be retired from the Force, the responsible officer, after considering the statement of the officer, if any, and having had regard to all the circumstances of the case, is of the opinion that such officer should be retired from the Force, he shall forward the reports obtained in pursuance of paragraph (a) of sub-regulation (1) and the statement of the officer, together with his comments thereon, to the secretary. (3) If, upon consideration of the report made by the responsible officer in pursuance of sub-regulation (2), the Commission is of the opinion that the facts disclosed warrant the institution of proceedings for the retirement in the public interest or the dismissal of the officer or the imposition of some lesser penalty than dismissal, the Commission may direct the responsible officer to institute proceedings against the officer under the provisions of regulation 38. 44. Subject to the provisions of regulation 3, the provisions of this Part Application of shall apply to every officer including an officer serving on contract or Part IV to Retirement in public interest
agreement, whether on a temporary basis or otherwise, and any term or officers serving condition in such contract or agreement providing for the termination of on contract the services of such an officer shall be construed to be in addition to, and not in derogation of, the provisions of this Part. 45. (a) Where under the provisions of these Regulationsit is necessaryService of documents
(i) to deliver or serve any notice, charge or other document to or upon any officer; or (ii) to communicate any information to any officer by reason of such officer having absented himself from duty; and (b) it is not possible to effect such delivery or service, or to communicate such information, to an officer personally; it shall be sufficient if such notice, charge or other document, or a letter containing such information, be served upon such an officer by registered post to his last known address.
46. Any officer who submits any matter for the consideration of the Production of Commission shall ensure that all relevant documents and papers are relevant made available to the Commission and the Commission may require the documents, etc. production of any further documents or information relevant to the matter under consideration. 47. All correspondence for the Commission from the responsible officer and other persons shall be addressed to the secretary unless otherwise provided by these Regulations. Correspondence
48. Any case not covered by these Regulations shall be reported to the Cases not secretary and the Commission shall determine the procedure to be otherwise adopted. provided for
FIRST SCHEDULE
(Regulation 18)
THE POLICE AND PRISON SERVICE COMMISSION OATH OF MEMBER OF COMMISSION

I, , having been appointed as Chairman/member of the Police and Prison Service Commission do swear that I will, without fear or favour, affection or ill will, discharge the functions of the office of Chairman/member of the Police and Prison Service Commission, and that I will not, directly or indirectly, reveal any matters relating to such functions to any unauthorised person or otherwise than in the course of duty. SO HELP ME GOD Sworn/Declared before me this ...................................... , 19 ....... day of
Judge
SECOND SCHEDULE
(Regulation 18)
THE POLICE AND PRISON SERVICE COMMISSION OATH OF SECRETARY AND STAFF OF COMMISSION
I,..... ...., having been appointed to exercise the functions of secretary/a member of the staff of the Police and Prison Service Commission, do swear that I will not, directly or indirectly, reveal to any unauthorised person or otherwise than in the course of duty the contents or any part of the contents of any documents, communication or information whatsoever which may come to my knowledge in the course of my duties as such. SO HELP ME GOD Sworn/Declared before me this ....................................... , 19.... day of
Commissioner for Oaths
CHAPTER 260 THE PUBLIC SERVICE PENSIONS ACT

PART II PUBLIC SERVICE PENSIONS FUND BOARD 3. 4. 5. 6. 7. 8. Establishment of Public Service Pensions Fund Board Directors of Board Proceedings of Board Secretary Functions of Board Powers of Board
PART III PUBLIC SERVICE PENSIONS FUND 9. 10. 11. 12. 13. 14. 15. 16. Establishment of Public Service Pensions Fund Membership of Fund Vesting of Fund Chief Executive Qualifications of Chief Executive Functions of Chief Executive Other Staff Objectives of Fund
17.
Reports to Parliament
PART IV FINANCE AND MANAGEMENT OF FUND Section 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. Dissolution of existing fund and repeal of enabling legislation Transfer of assets Property of Fund Payments Protection of member's account Application of Fund Appointment of actuary Actuarial valuation of Fund Action on actuarial report Financial year Accounts and audit Investment of Fund
PART V CONTRIBUTIONS 30. 31. 32. Persons required to contribute and rates of contribution Voluntary contributions for previous service Method of payment of contributions
PART VI AGE OF RETIREMENT 33. 34. 35. Age of retirement Death after twenty years service Service after retirement
PART VII
BENEFITS ON DISMISSAL 36. 37. 38.
RESIGNATION,
DISCHARGE
OR
Benefits on resignation Benefits on discharge Benefits on dismissal
PART VIII BENEFITS ON RETIREMENT Section 39. Benefits for officers retiring on abolition of post or to effect greater efficiency or economy 40. Benefits for officers retiring on grounds of ill health 41. Benefits for officers retiring on grounds not otherwise described PART IX BENEFITS FOR SPOUSES DECEASED PENSIONERS 42. 43. 44. 45. 46. AND CHILDREN OF
Benefits on death of probationer Benefits on death of officer Special death gratuity Pensions for spouses Pensions for children
PART X MISCELLANEOUS 47. Information relevant to payment of benefits to be furnished
48. Circumstances when benefits may be withheld, suspended or reduced 49. 50. Termination or reduction of pension to spouse Pensions in relation to spouse and children of polygamous
marriage 51. 52. 53. 54. 55. 56. Medical examination or treatment of certain pensioners Resumption of duty by officer retired on grounds of ill health Computation of pensions Transitional provisions and conditions of service Regulations Act to bind the Republic
FIRST SCHEDULE-Transitional provisions SECOND SCHEDULE-Conditions of service relating to death or injury in the course of duty THIRD SCHEDULE-Commutation Table
CHAPTER 260
PUBLIC SERVICE PENSIONS
Act No. 35 of 1996 Statutory Instrument 31 of 1997
An Act to consolidate the law relating to pensions and other benefits for persons employed in the Public Service; and to provide for matters connected therewith or incidental to such consolidation. [12th December, 1996 PART I PRELIMINARY 1. (1) This Act may cited as the Public Service Pensions Act. 2. In this Act, unless the context otherwise requiresShort title Interpretation
"appropriate authority", in any case, means the authority charged by the Constitution or other written law with the power to appoint. to exercise disciplinary control over and to remove from office the person to whom that case relates;
"Board" means the Public Service Pensions Fund Board established by section four; "Child" in relation to any person entitled to a benefit by or under the provisions of this Act, means a child born in, or out of marriage, step-child, adopted child, and a posthumus child of that person, under the age of eighteen years; "dependent", in relation to any person entitled to a benefit by or under the provisions of this Act, means his spouse, child or such other relative dependent on the person for maintenance, as the Permanent Secretary, responsible for personnel management may recognise for the purposes of this Act; "due notice" means three months notice given in writing; "existing fund" means the Civil Service (Local Conditions) Pensions Fund which was established by the Zambia Civil Service (Local Conditions) Contributory Pensions Act and continued in being by the Civil Service (Local Conditions) Pensions Act, and the Pension funds established under the Defence Act and the African Education Act; Cap. 48, 1965 edition Cap. 410, Cap. 131, Cap. 231, 1972 edition
"Fund" means the Public Service Pensions Fund established by section nine; "officer" means a person serving on pensionable terms in the Public Service who has been confirmed in his appointment; "pension", means an annual pension payable during the lifetime of the recipient; "pensionable emoluments" means salary or wages, and any special personal addition to salary or wages granted without any condition that it shall not count for the purpose of calculating pension; "pensionable service" means the aggregate of continuous service, if any, in respect of which contributions have been paid under Part V; "Public Service" means the Judicial Service, the Civil Service, the
Defence Forces, the Police and Prisons Service, the Teaching Service, the Zambia Security and Intelligence Service, and any other Government Service prescribed by the President. "qualifying continuous Service" means service for a period of at least ten years for which an officer makes contributions under this Act.
PART II PUBLIC SERVICE PENSIONS FUND BOARD 3. There is hereby established the Public Service Pensions Fund Board which shall be a body corporate with perpetual succession and a common seal, capable of suing and being sued in its corporate name, and with power to acquire, hold, charge and alienate, property, real or personal, and, subject to the provisions of this Act, with power to do all such acts or things as are necessary or incidental to the performance of the duties and the exercise of the powers imposed or conferred upon it by or under the provisions of this Act. 4. (1) The Directors of the Board shall be(a) (b) (c) (d) the Permanent Secretary in the Ministry responsible for Labour; Permanent Secretary, responsible for personnel management; the Director of Budget, Ministry of Finance; a representative of the Attorney-General; Establishment of public service Pensions Fund Board
Directors
(e) the National Secretary of the Pensioners Association representing persons who have retired under this Act; (f) (g) (h) the General Secretary Of the Civil Servants Union of Zambia; the General Secretary of the National Union of Teachers; a representative of the Defence Forces;
(i) (j) (k) (l)
a representative of the Security Forces; a representative of the Chamber of Commerce; a representative of the Lusaka Stock Exchange; and two persons appointed by the President;
(2) The President shall appoint the Chairman of the Board from the members of the Board. (3) A member referred to in subsection (l) may resign upon giving one month's notice in writing to the President and may be removed by the President upon giving like notice. (4) The Office of a member shall become vacant(a) (b) if the member is declared to be of unsound mind; if the member is adjudged bankrupt;
(c) if the member is lawfully detained, or the member's freedom of movement is restricted under any law in force in Zambia for a period in excess of six months; (d) if the member is sentenced to a term of imprisonment for a period in excess of six months; (e) upon the expiration of not less that one month's notice given in writing by the member to the President of the member's intention to resign from the Board; (f) upon the expiration of not less than one month's notice given in writing by the President to the member terminating the member's appointment. 5. (1) Subject to the other provisions of this Act, the Board may Proceedings of
regulate its own procedure. (2) The Board shall meet for the transaction of business at least three times every twelve months at such places and at such times as the Chairman may decide. (3) Upon giving notice of not less than fourteen days, a meeting of the Board may be called by the Chairman and shall be called if not less than five members so request in writing: Provided that if the urgency of any particular matter does not permit the giving of fourteen days notice, a special meeting may be called, upon giving a shorter notice. (4) Seven members shall form a quorum at any meeting of the Board. (5) There shall preside at any meeting of the Board(a) the Chairman; or
Board
(b) in the absence of the Chairman, such member as the members present may elect for the purpose of that meeting. (6) A decision of the Board on any question shall be by a majority of the members present and voting at the meeting and, in the event of an equality of votes, the person presiding at the meeting shall have a casting vote in addition to his deliberative vote. (7) The Board may invite any person, whose presence is in its opinion desirable, to attend and to participate in the deliberations of a meeting of the Commission but that person shall have no vote. (8) The validity of any proceedings, act or decision of the Board shall not be affected by any vacancy in the membership of the Board or by any defect in the appointment of any member or by reason that any person not entitled to do so took part in the proceedings.
6. 7.
The Chief Executive shall be the Secretary of the Board. The functions of the Board shall be to-
Secretary Functions of Board
(a) control and administer the Fund in accordance with sound business practices and in the best interest of the members of the Fund, subject to the provisions of this Act; (b) establish a scheme for home ownership by the members of the Fund and to grant, on such terms and conditions as the Board shall determine, loans to the members of the Fund for the purpose of building or purchasing their own residential property; and (c) do all such other acts and things as may be conveniently combined or carried out together with any function conferred upon the Board by or under this Act or are incidental to or connected with the carrying out of any such function. 8. In the performance of its functions, the Board shall have power toPowers of Board
(a) cause to be carried out actuarial assessment of the Fund in accordance with the provisions of this Act; (b) co-opt any suitably qualified persons to any committee for such period as the Board may determine; (c) give such direction as it may deem fit regarding the operation of the Fund; and (d) do all such other acts and things as are necessary to give effect to the provisions of this Act.
PART III PUBLIC SERVICE PENSIONS FUND
9. (1) As from a date to be fixed by the President by statutory Public Service instrument, in consultation with the Board, there shall be constituted the Pensions Fund Public Service Pensions Fund. (2) Without further assurance the existing fund shall be transferred to the Public Service Pensions Fund. 10. The Fund shall comprise the following members: Members of Fund
(a)
the members of the existing fund; and
(b) such other persons, being employees of public service, as the Board may prescribe. 11. (1) The Fund shall be vested in the Board which shall, subject to the Vesting of Fund and transitional provisions of this Act, have the sole management and control of the affairs of the Fund. provisions (2) The law to be applied with respect to any pension benefits that will have accrued to the credit of any member of the existing fund, on the commencement of this Act, shall be the law applicable to the existing fund. (3) The formula to be applied to the contributions and benefits of a member of the Fund as from the day after the commencement of this Act, shall be the formula set out in Parts V to XI of this Act as adjusted in accordance with the provisions of subsection (4). (4) The contribution and benefit structure set out in Parts V to IX shall, on the commencement of this Act, be subject to adjustment by the President, in consultation with the Board, by statutory instrument, in accordance with an actuarial valuation conducted to ascertain the viability of the Fund. 12. There shall be a Chief Executive of the Fund who shall be appointed by the Board on such terms and conditions of service as the Board may determine. Chief Executive
13. A person shall not be qualified for appointment as Chief Executive Qualifications unless the Board is satisfied that he has the academic attainments and of Chief experience relevant to the management of pension schemes. Executive 14. The Chief Executive shall, subject to the provisions of this Act and Functions of to the general directions of the Board, be responsible to the Board for the Chief Executive direction of persons serving in the Fund and for the management of the Fund and in particular for(a) the collection of contributions and other moneys due to the Fund under the provisions of this Act and the payment thereof into the Fund; (b) the payment out of the Fund of benefits and claims under this Act and of the expenditure necessary for the administration of the Fund; (c) the investment of surplus funds in accordance with the provisions of this Act; (d) accounting for all moneys received, paid out or invested under this Act; and (e) carrying out such other functions as the Board may direct. Other staff
15. The Board may appoint such other staff as it may consider necessary for the performance of the functions of the Fund. 16. The Fund shall be based on the social insurance principle of pooling resources and sharing risks and shall pursue the following objectives: (a) the Fund shall not undertake any business or make any financial commitment which is inconsistent with the basic objectives of the Fund and the interests of the members of the Fund; (b) the Fund shall appreciate the concepts of the financing of pensions, the need to take account of long-term liabilities, and the linkage between higher benefits and higher contributions;
Objectives of Fund
(c) the Fund shall maintain a distinction between employment conditions of service (such as those relating to retrenchment and early retirement) and eligibility for pension benefits; (d) the Fund shall endeavour to maintain the real value of benefits;
(e) the Fund shall make adequate arrangements for the transfer or preservation of pension rights; (f) the Fund shall maintain a realistic contribution structure;
(g) the Fund shall make adequate arrangements to avoid noncompliance; (h) the Fund shall avoid delays and other constraints to the effective provision of adequate benefits under the Fund; (i) the Fund shall maintain current records for members and contributions; and (j) the Fund shall curb excessive administrative costs and shall ensure prudential management of the Fund. 17. The Board shall submit to Parliament annually a comprehensive report covering the operations of the Fund. Reports to Parliament
PART IV FINANCE AND MANAGEMENT OF FUND 18. As from the date mentioned in section nine, the existing fund shall Dissolution of be dissolved and the enabling legislation relating thereto shall stand existing fund repealed. and repeal of enabling legislation 19. When the existing fund is dissolved pursuant to section eighteen, Transfer of all property, real or personal, and all rights and liabilities of the existing assets
fund, and all property, real or personal, held by any person on behalf of the existing fund, shall, on the date mentioned in section eighteen, vest in the Board without any conveyance or other instrument or the authority of any court. 20. The Fund shall consist ofProperty of Fund
(a) the assets vested in the Board under the provisions of section nineteen; (b) contributions and interest paid into the Fund in accordance with the provisions of this Act; (c) income and capital appreciation derived from the holding of the assets of the Fund in any form; and (d) any other sums or assets accruing or granted to the Fund. Payments
21. (1) All contributions shall be paid into the Fund. (2) There shall be paid into the Fund each month from the general revenues of the Republic(a) the amount equal to the sum of the contributions paid into the Fund during that month or such other amount calculated with regard to those contributions as may be fixed by the President in consultation with the Board following the advice of an actuary appointed by the Board; (b) the sum of all payments made during that month to persons who have been required to retire(i) on abolition of their posts;
(ii) to facilitate an improvement, by which greater efficiency or economy could be effected in the organisation of the parts of the service to which they belonged; or (iii) in the public interest;
(c) the sum of all payments made during that month to persons who retired on the grounds of their age or length of service, if that retirement was by virtue of an election, made as provided under section thirty-five, to retain a date of retirement which is earlier than the date of retirement otherwise provided: Provided that this paragraph shall not apply to any payment made in relation to a period after the date on which an officer, had he not retired earlier, would have been required under the provisions of this Act to retire. (3) Upon the retirement of any person in respect of whom a payment is made to the Fund by virtue of paragraph (b), of subsection (2), there shall be paid from the Fund to the general revenues of the Republic an amount equal to the sum of the aggregate of the person's contribution and the aggregate of the payments to the Fund in relation to him which were made under paragraph (a) of subsection (2). (4) There shall be paid into the Fund from the general revenues of the Republic the sum of the amounts by which the interest on the investments of the Fund in any year is less than five per centum of the mean balance of the Fund in that year. 22. (1) Subject to the provisions of subsection (2), the sum standing to Protection of member's the credit of a member's account in the Fund shall, until paid out in account accordance with the provisions of this Act, remain the property of the Board and shall not form part of the assets of a member in the event of his bankruptcy or insolvency, or be liable to attachment in satisfaction of his debts; and any security, pledge or assignment given before or after the commencement of this Act which purports to include any such or part thereof shall, to that extent, be void. (2) A pension or other benefit granted under this Act shall not be assignable or transferable except for the purposes of satisfying(a) a debt due to the Fund or the Government; or
(b) an order of any court for the periodic payment of sums of money towards the maintenance of the spouse or former spouse or child or
other dependant under any written law. 23. There shall be charged on, and discharged from, the FundApplication of Fund
(a) Act;
the payment of benefits in accordance with the provisions of this
(b) the whole of the expenses incurred in connection with, or incidental to the management and administration of the Fund, including the cost of staff and the audit and actuarial assessment of the Fund; (c) any losses incurred on the realisation, or decrease in the value of any assets of the Fund; and (d) any other payments authorised to be made out of the Fund under the provisions of this Act or regulations made thereunder. 24. The Board shall appoint an actuary, who shall be a person holding Appointment of internationally recognised qualifications, to carry out the duties and actuary exercise the powers imposed or conferred upon him by the provisions of this Act. 25. (1) The Fund shall be valued by an actuary as may be required by the Board: Acturial valuation of Fund
Provided that the Fund shall be valued at intervals not exceeding three years. (2) The actuary shall, upon any valuation of the Fund, prepare a report on the state of the Fund and, in regard to any surplus or deficiency revealed, the actuary shall recommend therein what action should be taken. (3) The actuary shall submit any report prepared by him under subsection (2) to the Board which shall forthwith forward a copy to the President.
26. (1) The Board shall pay due regard to any recommendations made by the actuary and, in doing so, may cause the rates of the contribution payable in respect of members to be increased or decreased.
Action on acturial report
27. The financial year of the fund shall be the period of twelve months Financial year ending on the 31st December in each year. 28. (1) The Board shall cause to be kept proper accounts in which shall Accounts and be recorded all the financial transactions of the Fund and shall cause the audit books and accounts of the Fund to be audited as at the end of each Financial year and shall cause statements of income and expenditure, together with a balance sheet, to be prepared. (2) The Board shall appoint an auditor for each financial year. (3) The auditor appointed under subsection (2) shall audit the accounts of the Fund for the financial year for which the auditor was appointed, and shall make a report to the Board on the accounts and other documents examined, and such report shall state(a) whether or not the provisions of this Act have been complied with; (b) whether or not the auditor has obtained all the information and explanations which was required; (c) whether, in the opinion of the auditor, according to the information and the explanations given to the auditor and as shown in the books relating to the Fund, the balance sheet for the year concerned is properly drawn up so as to exhibit a true and correct view of the state of the Fund; and (d) whether the expenses of the Board incurred in the year concerned in connection with or incidental to the management and administration of the Fund are excessive. (4) As soon as the accounts of the Fund have been audited, the Board shall send a copy of the balance sheet and statement of the transactions of the Fund referred to in subsection (1) to the President together with a
copy of the report made by the auditor under subsection (3), and shall keep copies of such balance sheet and statement available for inspection by any member of the Fund. 29. (1) The investment of any moneys of the Fund not required to meet Investment of the current charges upon the Fund shall, subject to this section, be of the moneys of fund discretion of the Board which is hereby empowered to invest such moneys in any of the following ways: (a) in any interest bearing accounts of any bank or institution which is governed by any written law of Zambia; (b) in stocks, securities or funds issued by or on behalf of the Government or in stocks, securities or funds guaranteed by the Government; and (c) in such other investment as may be approved generally or specifically by the Board. (2) The Board shall not invest assets in excess of twenty per centum of its net asset value in any one form of investment.
PART V CONTRIBUTIONS 30. (1) Subject to the other provisions of this section, an officer or probationer shall contribute at the rate of seven and one quarter per centum of his pensionable emoluments or at such other rate as the President may fix by statutory order in consultation with the Board following the advice of an actuary appointed by the Board. (2) An officer or probationer shall not contribute in respect of any period of service(a) (b) prior to his attaining the age of eighteen years; or after attaining the age of his retirement under the provisions of Persons required to contribute and rates of contribution
this Act. (3) If the initial contribution of an officer or probationer would be in respect of a period commencing after the officer has attained the age of forty-five years, such officer or probationer shall not contribute. (4) Subject to subsection (5), where an officer or probationer is, during any period of the officer's or probationer's service, absent from duty with or without leave of absence, the officer or probationer shall contribute at the rate appropriate to the officer's or probationer's full pensionable emoluments during that absence whether the officer or probationer receives such emoluments or not. (5) Notwithstanding the provisions of subsection (4)(a) the appropriate authority may direct that any period during which an officer or probationer is absent from duty without leave of absence shall not count as pensionable service; or (b) an officer or probationer may elect that any period of absence exceeding thirty days which is granted to the officer or probationer on reduced pensionable emoluments or without pensionable emoluments shall not be counted as pensionable service; and, in either case, the period to which such direction or election relates shall not be counted as pensionable service and no contributions shall be paid in respect of it. 31. (1) An officer or probationer who, immediately prior to being appointed as such officer or probationer, was a temporary employee may, with the consent of the appropriate authority, elect to contribute in respect of all or any past continuous service as temporary employee(a) which was service approved by the appropriate authority for the purposes of this section; (b) which was immediately followed by service as an officer or probationer; and (c) in respect of which contributions would have been payable under section thirty if such service had been as an officer or probationer. Voluntary contributions for previous service
(2) The emoluments on which contributions shall be calculated following an election made under this section shall be the emoluments determined by the Permanent Secretary, responsible for personnel management. (3) An election made under subsection (1) shall not be valid unless made within one month of the date when the officer or probationer is advised by the Permanent Secretary, responsible for personnel management, that he may make such election, and any such election shall be irrevocable. (4) Contributions which an officer or probationer elects to make under this section shall become payable on the date of his election. 32. (1) Contributions payable under this Part shall be payable monthly Method of payment of in arrears and shall ordinarily be effected by deduction from any contributions pensionable emoluments payable to the officer or probationer and, in calculating the amount of any contribution, any fraction of the Kwacha shall be taken as one Kwacha. (2) An officer or probationer who(a) proceeds on leave with reduced pensionable emoluments or without pensionable emoluments; and (b) has made no election under subsection (5) of section thirty:
may elect to defer the payment of contributions in respect of the period of his leave until the expiration of that leave. (3) Unless paid within one month from the date when they become payable, any contributions which are deferred under subsection (2) or become payable under section thirty-one shall be paid with interest at the ruling Central Bank deposit rate in such manner as the Board shall determine. (4) Any contributions. including interest thereon, due under this Part which remain unpaid when any pension or other benefit becomes
payable under this Act in respect of the officer or probationer from whom the contributions are due shall be deducted in such manner as the Board may determine from such pension or other benefit.
PART VI AGE OF RETIREMENT 33. Subject to the other provisions of this section or any other written Age of law, an officer shall retire on the fifty-fifth anniversary of the date of his retirement birth: Provided that(i) any member of the Defence Forces, or an officer of or below the rank of Chief Inspector in the Police Force, or an officer of or below the rank of Chief Officer III in the Prisons Service, may, on giving due notice, retire on or after attaining the age of forty-five years or after completing twenty years service whichever is the earlier; (ii) the appropriate authority may, in consultation with the Board, prescribe earlier or later dates for the retirement of all or any of its officers. 34. (1) An officer who dies after completing twenty years service shall Death after be deemed to have retired immediately before the date of his death. twenty years services (2) The estate of an officer to whom subsection (1) applies shall be entitled to the commutation of two thirds of the pension payable in lump sum. 35. No service by any officer after the date for his retirement by or Service after under this section shall be taken into account in calculating any pension retirement or lump sum payment under this Act.
PART VII
BENEFITS ON DISMISSAL
RESIGNATION,
DISCHARGE
OR
36. (1) Subject to the provisions of Part XI and of subsection (3), an officer or probationer who resigns shall be entitled to a lump sum calculated as follows: SC + (SC x I x Y); where SC = the sum of the officer's contributions; I = interest at current Central Bank deposit rate; and Y = the number of completed years in respect of which the officer has contributed. (2) If a person who is entitled to a lump sum under subsection (1) resigns without due notice, the appropriate authority may, deduct from that payment such sum as that authority may determine, being not more than the pensionable emoluments of the person, for that period of notice. 37. A probationer who is discharged shall be refunded the sum of the contributions the officer made plus interest at the ruling Central Bank deposit rate.
Benefits on resignation
Benefits on discharge
38. Any officer or probationer who is dismissed shall be refunded the Benefits on sum of the contributions the officer made plus interest at the ruling dismissal Central Bank deposit rate.
PART VIII BENEFITS ON RETIREMENT 39. (1) Subject to the provisions of Part XI and of subsection (2), an Benefits for officer who retires on the abolition of his post or to facilitate an officers retiring improvement by which greater efficiency or economy could be effected on abolition of
in the organisation of the part of the service to which the officer belongs post or to effect shall be entitled with effect from the date of the officer's retirement to greater receive a pension calculated as follows: efficiency or economy KA x B + KA x D ; C 60 where KA = his pensionable emoluments; B = the number of completed months of his pensionable service; C = the age at which he retires, expressed in complete months; D = the number of completed periods of three years in his pensionable service, to a maximum of ten. (2) A pension payable under subsection (1) shall not exceed(a) the pension, calculated with reference to the salary scale on which the officer was serving at the time of retirement, to which the officer would have been entitled if the officer had continued to hold the post the officer held at the date of retirement until the date on which the officer would otherwise have retired under the provisions of this Act having received all scale increments for which the officer would have been eligible by that date; or (b) two-thirds of the highest annual rate of pensionable emoluments received by the officer at any time during the officer's pensionable service. 40. (l) Subject to the provisions of Part XI, an officer who retires on medical evidence to the satisfaction of the appropriate authority that he is incapable by reason of infirmity of mind or body of discharging the duties of his office and that such infirmity is likely to be permanent shall, with effect from the date of the officer's retirement, be entitled(a) if the officer's pensionable service amounts to less than ten years, to a lump sum, calculated as follows: Benefits for officers retiring on grounds of ill health
SC + (SC x I x Y); and (b) if the officer's pensionable service amounts to ten years or more, to a pension calculated as follows:
(i) in the case where the officer's infirmity is, in the opinion of the appropriate authority, due to or occasioned by the officer's own defaultKA x B C (ii) in the case where the officer's infirmity is not, in the opinion of the appropriate authority, due to or occasioned by the officer's own defaultKA x B + KA x D x 7 C 7,200 (2) For the purposes of the calculations set out in subsection (l)KA = pensionable emoluments; B = the number of completed months of pensionable service; C = the age at which an officer retires, expressed in complete months; D = the number of complete months remaining from the officer's retirement until the date on which he would otherwise have retired under the provisions of this Act; SC = the sum of the officer's contributions; I = interest at current Central Bank deposit rate; Y = the number of completed years in respect of which the officer has contributed. 41. Subject to the provisions of Part X, an officer who retires under Benefits for
section thirty-three on grounds other than those described in sections thirty-nine and forty shall, with effect from the date of the officer's retirement, be entitled-
officers retiring on grounds not otherwise described
(a) if the officer's pensionable service amounts to less than ten years, to a lump sum calculated as follows: SC + (SC x l x Y); or (b) if the officer's pensionable service amounts to ten years or more, to a pension calculated as follows: KA x B ; C where KA = the officer's pensionable emoluments; B = the number of completed months of the officer's pensionable service; C = the age at which the officer retires expressed in complete months; SC = the sum of the officer's contributions; I = interest at current Central Bank deposit rate; Y = the number of completed years in respect of which the officer has contributed.
PART IX BENEFITS FOR SPOUSES DECEASED PENSIONERS AND CHILDREN OF
42. (1) Subject to the provisions of Part X, if a probationer dies, there shall be paid the gratuity which would have been payable to the officer under section thirty-six had the officer resigned on the date of the officer's death and such lump sum payment shall be in addition to any benefit payable under Part X.
Benefits on death of probationer
(2) A lump sum payable under subsection (1) shall be paid in accordance with(a) the will left by the deceased; or Cap. 59
(b) where the deceased has not left a will, the mode of distribution specified in the Intestate Succession Act.
43. (1) Subject to the provisions of Part X, if an officer dies and no Benefits on pension, other than a pension payable in respect of injury or death, is death of officer payable to any remaining spouse or child, there shall be paid a lump sum equal to the sum which would have been payable to the officer under section thirty-six had the officer resigned on the date of his death. (2) A lump sum payable under subsection (1) shall be paid in accordance with(a) the will left by the deceased; or Cap. 59
(b) where the deceased has not left a will, the mode of distribution specified in the Intestate Succession Act. 44. (1) Subject to the provisions of Part X, a gratuity shall be paid in respect of an officer who dies, and whose death, in the opinion of the appropriate authority, was not caused by any wrongful act or omission on the part of such officer in discharging the officer's official duties. (2) A gratuity payable under this section shall be equal to the officer's annual pensionable emoluments at the date of the officer's death and shall be paid(a) in accordance with the will left by the deceased; or
Special death gratuity
(b) where the deceased has not left a will, in accordance with the mode of distribution specified in the Intestate Succession Act.
Cap. 59
45. (1) Subject to the provisions of Part X, if an officer whose
Pensions for
pensionable service amounts to ten years or more dies and leaves a spouses spouse, there shall be paid to the spouse a pension calculated as follows: KA x B + KA x C x 7 1,800 18,000 where KA = the officer's pensionable emoluments at the date of the officer's death; B = the number of months of pensionable service completed by the officer at the date of the officer's death; and C = the number of complete months remaining from the date of the officer's death to the fifty-fifth anniversary of the officer's birth. (2) Subject to the provisions of Part XI, if a retired person who, on the date of the officer's retirement(a) (b) was entitled to a pension under Part XIII of this Act; and had pensionable service amounting to ten years or more;
dies and leaves a spouse, there shall be paid to the spouse a pension calculated by means of the formula set out in subsection (1) as though the deceased officer had died on the last day of the officer's pensionable service. (3) Any pension payable under this section shall be paid with effect from the date following the death of the deceased. 46. (1) Subject to the provisions of Part X, this section shall have effect Pensions for wherechildren (a) an officer whose pensionable service or total service, as the case may be, amounts to ten years; or more; (b) (i) a retired person who at the date of the officer's retirement wasa person described in paragraph (a); and
(ii)
entitled to a pension under Part VIII of this Act;
dies and leaves children. (2) In the case where a person described in subsection (1) leaves a spouse, there shall be paid in respect of the person's children a pension proportionate to the pension payable to the spouse in accordance with section forty-five and calculated as follows: (a) (b) (c) (d) (e) for one child twenty-five per centum; for two children forty per centum; for three children fifty per centum; for four children sixty per centum; for five children or more sixty-six and two thirds per centum.
(3) In the case where a person described in subsection (1) leaves no spouse, there shall be paid in respect of the person's children a pension proportionate to the pension which would have been payable to the person's spouse in accordance with section forty-five had the person left one, and calculate as follows: (a) (b) (c) (d) for one child fifty per centum; for two children eighty per centum; for three children one hundred per centum; for four children one hundred and twenty per centum;
(e) for five or more children one hundred and thirty-three and one third per centum. (4) A pension payable under this section shall be recalculated whenever
there is any change in the number of children in respect of whom it is payable. (5) A pension payable under this section shall be paid with effect from the day following the death of the deceased to such persons.
PART X MISCELLANEOUS 47. (1) The Board may require any officer or probationer to furnish such particulars relating to himself and his family, and proof of those particulars, as the Board may specify. Information relevant to payment of benefits to be furnished
(2) The Board may require any claimant or recipient of any benefit payable under this Act upon the death of a person described in sub section (1) to furnish such particulars relating to that person and his family, and proof of those particulars, as the Board may specify. (3) The Board may require any person described in subsection (1) or the recipient of any benefit payable under this Act upon the death of that person to notify the Board of any future occurrence relating to that person or his family which the Board may specify and to furnish the Board with proof of that occurrence. (4) For the purposes of this section(a) "claimant" and "recipient" shall include, respectively, any person claiming or receiving for the benefit of any child or other dependant of a person described in subsection (1); and (b) "proof" shall be proof to the satisfaction of the Board. Circumstances when benefits may be
48. (1) The Board may, with the concurrence of the appropriate authority, withhold the payment of any benefit, or any portion thereof, otherwise payable under this Act in respect of any person described in
subsection (1) of section forty-seven, if any particulars or notification relevant to the payment of that benefit and the proof thereof have not been furnished in accordance with a requirement made under that section. (2) If any person, in the opinion of the Board wilfully fails to comply with a requirement made under section forty-seven or, in complying with that requirement, knowingly makes any false representation of fact, any benefit or portion thereof otherwise payable under this Act the payment of which may be affected(a) as to amount;
withheld, suspended or reduced
(b) as to the date in relation to which it shall commence or terminate; or (c) as to the person or persons to whom it shall be made;
by such failure or such representation, shall be liable to be suspended or reduced at the discretion of and in accordance with the directions of the Board. (3) If a person becoming entitled to or in receipt of a pension under this Act is convicted of an offence involving(a) the misappropriation of public moneys or property; or
(b) the making of a false representation for the purposes of obtaining a pension, knowing that representation to be false or not believing it to be true; the person's pension shall be withheld, suspended or reduced, as the case may be, at the discretion and in accordance with the directions of the Board. (4) Where a probationer is discharged or an officer or probationer is dismissed, the appropriate authority may cause to be set off against the sum otherwise payable to him under Part VII the amount of any loss which, in the opinion of the appropriate authority, was sustained by the Government by reason of the conduct of the officer or probationer on
account of which he was discharged or dismissed. (5) Where an officer is prematurely retired in order to enable him to take up an appointment with a recognised authority, the pension of such officer shall be paid with effect from the date of such premature retirement. 49. If a person to whom a pension is otherwise payable under this Act fails to maintain, deserts or abandons any child of a deceased officer entitled to a pension that pension may be reduced by such proportion as the Board may direct, and that proportion shall be paid to such person as the Board may determine for the benefit of such child. 50. (1) Where a person dies and is survived by more than one spouse of a polygamous marriage and a pension or other benefit is payable to a spouse under this Act, Then that pension or other benefit shall be calculated as if there had been only one spouse and shall be divided equally into the same number of parts as the number of spouses surviving at the date of that person's death and each surviving spouse shall be paid one such part. Termination or reduction of pension to spouse
Pensions in relation to spouse and children of polygamous marriageMedical examination or treatment of certain pensioners
(2) A pension payable to a spouse in accordance with subsection (1) shall cease on the date on which such spouse remarries or dies and the pension of the remaining spouse or spouses shall not be increased. (3) Subject to subsection (4), when a person dies and is survived by more than one spouse of a polygamous marriage and a pension is payable under this Act in respect of the children of the deceased, then that pension shall be calculated on the pension payable as if there had been one spouse. (4) Where a person dies and is survived by a widower of a polygamous marriage, thirty per centum of the benefits shall be paid to the widower while the rest shall be distributed equally amongst the issue of the biological children of the deceased.
51. Any person who is in receipt of a pension or allowance on the Medical grounds of ill health or any person retiring in consequence of injury may examination or be subsection, the person's pension or allowance shall be restoredtreatment of certain pensioners (a) in the case where the person's pension or allowance was payable in consequence of injury, with effect from the date the person submits to that examination or undergoes that treatment; or (b) in any other case, if the person is certified unfit to resume duty or is not required to resume duty, with effect from the date on which it was withheld. 52. (1) If any person who is in receipt of a pension on the grounds of ill health is within two years of the date of the person's retirement and before the date on which the person would otherwise retire under section thirty-three, certified by a medical board to be fit to resume duty in the person's former or in any other post, the person may, subject to the provisions of subsection (2), be required by the appropriate authority to resume duty in the person's former or in another post. (2) The pension of the person who, without reasonable cause, fails to comply with a requirement made under subsection (1) may, at the discretion of the appropriate authority, be withheld with effect from the date on which the person is required to resume duty: Provided that a pension so withheld shall, unless the appropriate authority otherwise directs, be restored with effect from the fifty-fifth anniversary of the birth of that person. (3) The following provisions shall apply in relation to any person required to resume duty under subsection (1)(a) the pensionable emoluments attached to the post to which the person is to be appointed shall not, without the person's consent, be less than the pensionable emoluments received by him immediately before the date of the person's retirement; (b) the person shall not, without the person's consent, be appointed Resumption of duty by officer retired on grounds of ill health
to a post other than the person's former post unless, in the opinion of the appropriate authority, the duties thereof correspond to those which the person could have been called upon to perform before the date of the person's retirement; (c) the pension which the person was receiving on the grounds of ill health shall cease with effect from the date of the person's resumption of duty; (d) the person's continuous service shall be deemed not to have been interrupted by the period during which the person was receiving that pension but that period shall not form part of the person's pensionable service or total service; and (e) any gratuity paid on the person's earlier retirement shall be recovered in the manner determined by the appropriate authority from any pension or gratuity payable to the person under this Act on the person's final retirement. Commutation 53. (1) An officer who is entitled to a pension may elect before the payment of pension commences, to receive in lieu of either one-third or of pensions two-thirds of that pension, a lump sum calculated by multiplying the amount of pension to be commuted by the factor obtained from the Third Schedule appropriate to the officer's age on the officer's last day of pensionable service or total service as the case may be: Provided that if the portion of the pension not so commuted is less than fifty thousand kwacha, the Board may commute the whole pension at the election of the officer. (2) An officer who retires may opt to commute either one-third or two-thirds of the officer's pension for a lump sum, calculated in accordance with the commutation factors as set out in the Third Schedule. (3) Nothing in this section authorises the commutation of any pension or part of a pension payable in respect of injury or death. 54. There shall be a review of pensions at such intervals as the Board may determine.
Review of pension
55. The transitional provisions and conditions of service relating to death or injury in the course of duty are provided for in the First and Second Schedules respectively.
Transitional provisions and conditions of service Regulations
56. The Minister may, after consultation with the Board, by statutory instrument, make regulations for the better carrying into effect of the provisions of this Act. 57. This Act shall bind The Republic.
Act to bind the Republic Repeal of Civil service (Local Conditions) Pensions Act 1972 edition
58. The Civil Service (Local Conditions) Pensions Act, Cap. 410, is hereby repealed.
FIRST SCHEDULE
(Section 55)
TRANSITIONAL PROVISIONS ARRANGEMENT OF SECTIONS PART I

BENEFITS ON RETIREMENT OF OFFICERS TRANSFERRED FROM A RECOGNISED AUTHORITY OR FROM LOCAL CONDITIONS
Section 1. 2. 3. 4. 5. 6. 7. Application of Part I Benefits for officers transferred from a recognised authority on abolition of post or to effect greater efficiency on economy Benefits for officers transferred from a recognised authority retiring on grounds of ill health Benefits for officers transferred from a recognised authority retiring on grounds not otherwise described Further pension for certain transferred Federal officers Increase in pension for certain officers transferred from a recognised authority Benefits for persons transferred from local conditions
8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24.
Further pension for certain persons transferred from Division I or II Emoluments factor Transferred persons Payments Application of Fund Age of retirement Benefits on resignation Benefits on dismissal Pensions for spouses Pensions for children Special pension for spouse, children and dependants or certain transferred officers Revival of special pension which ceased on remarriage Officer's deemed to be in Division IV Commutation of pensions Certain benefits to be granted or increased retrospectively Cap. 48 of 1965 Edition Increase of certain pensions Definitions
SECOND SCHEDULE
(Section 54)
CONDITIONS OF SERVICE RELATING TO DEATH OR INJURY IN THE COURSE OF DUTY

Section 1. 2. 3. 4. 5. Sick leave for injured persons Benefits following injury Benefits following death in consequence of injury Reimbursement of medical and other expenses of injured persons Definitions
APPENDIX I APPENDIX II THIRD SCHEDULE
FIRST SCHEDULE (Section 55) TRANSITIONAL PROVISIONS
PART I
BENEFITS ON RETIREMENT OF OFFICERS TRANSFERRED FROM A RECOGNISED AUTHORITY OR FROM LOCAL CONDITIONS 4. Subject to the provisions of this Act, an officer transferred from a recognised authority who retires under section thirteen of this Schedule on grounds other than those described in sections two and three of this Schedule shall, with effect from the date of his retirement, be entitledBenefits for officers transferred from a (a) in the case of a transferred Federal officer or an officer whose total service amounts recognised authority to ten years or more, to a pension calculated as follows: retiring on KA x B x C ; and grounds C not otherwise (b) in any other case, to a gratuity calculated as follows: described KA x B x C ; 144 Provided that if the officer was transferred from service in Zambia, the gratuity shall be calculated as follows: KA x B x C 120 where KA = his average pensionable emoluments; B = the number of completed months of his total service; C = his emoluments factor; and D = the age at which an officer retires, expressed in complete months 5. (1) Subject to the provisions of this Act, a transferred Federal officer who retires on any ground other than the abolition of his post or to facilitate an improvement by which greater efficiency or economy could be effected in the service to which he belongs, shall, in addition to any other pension payable under this Act, be entitled, with effect from the date of his retirement, to a further pension calculated as follows: KA 2 (KA x B) ; 8 where KA = the additional abolition of office pension, determined by the Central African Pension Agency, to which he would have been entitled under the Federation of Rhodesia and Nyasaland (Dissolution) Order in Council, 1963, if he had retired from the service of the Government of the former Federation of Rhodesia and Nyasaland on the day before his transfer and if he had not been offered an appointment in the service of any of the Territorial Governments of that former Federation; and B = the number of completed years of his pensionable service after the fourth anniversary of the date of his transfer. Further pension for certain transferred Federal officers
(2) A further pension granted under subsection (1) shall not exceed the difference between the sum of any other pensions granted in respect of service on local conditions and with a recognised authority (but not including a pension granted in respect of injury or death) and two-thirds of the highest annual rate of pensionable emoluments paid to the officer at any time during his pensionable service. 6. (1) Subject to the provisions of this Act, where an officer who was transferred from service in Zambia retires and the sum ofIncrease in pension for certain (a) the pension payable to him under this Part; and officers (b) the pension or pensions payable to him under the appropriate law; transferred is less than the pension or the sum of the pensions which would have been payable to him from a with effect from the date of his retirement had he not been transferred, the pension payable recognised authority to him under this Part shall be increased by an amount equal to the difference. (2) The pension or pensions which, for the purposes of subsection (1), would have been payable to an officer had he not been transferred shall be calculated with reference to the emoluments which, in the opinion of the Permanent Secretary, responsible for personnel management,would have been payable to him if his period of service on local conditions had been the same period of service in Zambia and he had received during such service in Zambia the same promotions, if any, as he received during his service on local conditions. 7. (1) Any person who has been transferred from local conditions and who(a) is required to retire under the Non-Designated Expatriate Officers (Retiring Benefits) Act; (b) is required to retire on the abolition of his post or to facilitate an improvement by which greater efficiency or economy could be effected in the organisation of the part of the service to which he belongs, in circumstances in which he is eligible for a pension or gratuity from the recognised authority with which he is serving at the date of the retirement; or (c) retires on completion of total service amounting to ten years or more in circumstances in which he is eligible for a pension or gratuity from the recognised authority with which he is serving at the date of his retirement; shall be entitled with effect from the date of his retirement, to a pension calculated as follows: KA x B x C ; D where KA = the annual pensionable emoluments taken by the recognised authority for the purpose of calculating his pension or gratuity; B = the number of completed months of his total service; C = his emoluments factor; and Benefits for persons transferred from local condidions
D = the age at which he retires expressed in completed months. (2) A person(a) who has transferred from local conditions; (b) who retires under circumstances in which he is eligible for a pension or gratuity from the recognised authority with which he is serving at the date of his retirement; (c) (d) whose total service amounts to less than ten years; and who is not entitled to a pension under subsection (1);
shall be entitled to a gratuity calculated as follows: KA x B x C ; 144 where KA = the annual pensionable emoluments taken by the recognised authority for the purpose of calculating his pension or gratuity; B = the number of completed months of his total service; and C = his emoluments factor. (3) A female person(a) who transferred from Division I, II or III; (b) who, at the time of her retirement, is eligible to retire on the grounds of her age or length of service: shall be entitled(i) if her total service amounts to ten years or more, to a pension calculated in the manner set out in subsection (1); and (ii) if her total service amounts to less than ten years to a gratuity calculated in the manner set out in subsection (2). (4) A female person(a) (b) who was transferred from local conditions; who is not entitled to a pension or gratuity;
shall be entitled to a gratuity calculated as follows: (i) if the date of her retirement is less than twenty years after the date of commencement of her total serviceKA 2 KA x B ; and 50 (ii) if the date of her retirement is less than twenty years after the date of commencement of her total service2 x KA ; (iii) if the date of her retirement is twenty-five years or more after the date of the commencement of her total service-
(2 x KA) 1 KA x B 25 where KA = the sum of her contributions; and B = the number of completed years in respect of which she has contributed. Further pension for (a) who was a federal officer transferred to Division I or II; certain (b) who subsequently transferred from Division I or II to service in Zambia; persons (c) who thereafter has completed the prescribed period of resident service as defined in transferred from section two of the Non Designated Expatriate Officers (Retiring Benefits) Act; Division I (d) who then retires under the Non-Designated Expatriate Officers (Retiring benefits) or II Act; and Cap. 280 (e) whose additional pension, if any, payable under section nine of the said Act is less Cap. 280 than the further pension to which he would have been entitled at the date of his retirement had he not been transferred; 8. (1) Subject to subsection (2), a personshall be entitled with effect from the date of retirement, to a further pension equal to the difference between the further pension to which he would have been entitled had he not been transferred and the additional pension, if any, which he received under section nine of the said Act. (2) No further pension shall be payable under subsection (1) in respect of a person who, pursuant to section nine of the Non Designated Expatriate Officers (Retiring Benefits) Act, elects to receive a gratuity in lieu of an additional pension payable under that section. 9. The "Emoluments factor" shall be calculated as follows: KA KA + KB where KA = aggregate emoluments during pensionable service; KB = aggregate emoluments from one or more recognised authorities during an officer's service forming part of his total service; Provided that where under this Act only part of a person's service is included in his pensionable or total service, as the case may be, a proportionate part only of the aggregate emoluments paid during the service so divided shall be taken into account in determining KA or KB. ; Emoluments factor
10. For the purposes of this part, "transferred" means
Transferred persons
(a) or
appointed from the service of a recognised authority to service on local conditions;
(b) appointed from service on local conditions to a post in the service of a recognised authority or so appointed and thereafter appointed from the service of one recognised authority to a post in the service of another; under arrangements recognised by the Government whereby it is agreed that the service of the person concerned shall be treated as continuous for pension purposes.
PART II
GENERAL 11. (1) There shall be paid into the Fund each month from the general revenues of the republic(a) the sum of all payments of further pensions and increases in pensions made during that month under the provisions of this Act; (b) the sum of all payments of special pensions made to dependants during that month under the provisions of this Act; (c) the sum of all payments of pensions made during that month to persons who were dismissed after becoming transferred Federal officers; (d) the sum of all payments made during that month under the provisions of this Act to retired persons who were transferred from Division I, II or III; (e) The sum of all payments made under this Act during that month to persons who retired from Division I, II or III(i) on the grounds of their age or length of service, if that retirement was by virtue of an election, made as provided under this Act, to retain a date of retirement which is earlier than the date of retirement otherwise provided; (ii) in the case of transferred Federal officers, within five years of transfer: Provided that this paragraph shall not apply to any payment made in relation to a period after the date on which an officer, had he not retired earlier, would have been required under the provisions of this Act to retire; (f) the sum, relating to the payments made during the month under this Act (other than in respect of injury or death) to persons retired from Division I, II or III following service in Division IV of the amounts calculated in respect of every such payment as follows: KA x B ; C where KA = the payment made to the person during the month in question; B = the number of completed months of his pensionable service in Division IV; and Payments
C = the total number of completed months of his pensionable service. (2) Unless paid within one month from the date when they become payable, all payments under this section and section twelve shall be with interest at the commercial rate. 12. All benefits payable under this Act(a) (b) in respect of injury or death; or in respect of persons all of whose service on local conditions was in Division IV; Application of Fund
shall be paid from the general revenues of the Republic.
Age of 13. (1) A transferred Federal officer in Division I, II or III who was entitled under his retirement terms and conditions of service while in the service of the Government of the former Federation of Rhodesia and Nyasaland to retire at the age of fifty-five years and who has elected in writing, within six months of the date of his transfer or before attaining the age of fifty years, whichever first occurs, to retain that age of retirement shall retire on the fifty-fifth anniversary of the date of his birth. (2) An officer in division I, II or III who(a) was transferred from service in Zambia; (b) is eligible on his retirement to receive a pension or gratuity under the appropriate law; and (c) within five years of the date of his transfer or before attaining the age of fifty years, whichever first occurs, elects in writing to retain the rules that applied to his age of retirement immediately before his transfer; shall retire on the fifty-fifth anniversary of his birth. (3) For the purposes of this section, "appropriate law" means the Constitution, the Service Commissions Act, the European Officers' Pension Act, the African Civil Servants' Pensions Regulations, the Subordinate Police (Pensions) Regulations, the Police Act, the Defence Act, the National Service Act, the Education Act, the African Education Act and the Technical Education and Vocational Training Act. 14. Subject to the provisions of this Act, a transferred officer or probationer who resigns shall be entitled to a gratuity calculated as follows: (a) if his total service amounts to less than twenty yearsKA = KA x 19 ; 400 (b) if his total service amounts to twenty years or more but less than twenty-five years2 x KA; Benefits on resignation
(c)
if his total service amounts to twenty-five years or more-
(2 x KA) 1 KA x B 25 where KA = the sum of his contributions; and B = the number of completed years in respect of which he has contributed. 15. Notwithstanding anything to the contrary contained in this Act, a Federal officer who Benefits was transferred to division I or II and is dismissed shall thereupon, in addition to a refund of on his contributions, be entitled to a pension equal to the pension, if any (but not the additional dismissal abolition of office pension), calculated as at the date of his transfer in accordance with Part III of the Second Schedule to the Federation of Rhodesia and Nyasaland (Dissolution) Order in Council, 1963, as though he were a person to whom that Part applied. 16. (1) Subject to the provisions of this Act, if a transferred officer in Division I or II or a Pensions person transferred from Division I or IIfor spouses (a) whose total service amounts to ten years or more; or (b) who is a transferred Federal Officer; dies and leaves a spouse, there shall be paid to the spouse a pension calculated as follows: KA x B x D 1 KA x C x D x 7 1,800 18,000 where KA = his pensionable emoluments or the annual pensionable emoluments taken by the recognised authority for the purpose of calculating pension, as the case may be, at the date of his death; B = the number of months of total service completed by him at the date of his death; C = the number of completed months remaining from the date of the officer's death to the fifty-fifth anniversary of his birth; and D = his emoluments factor. (2) Subject to the provisions of this Act, if a retired person who on the date of his retirement(a) was entitled to a pension under this Act, other than a pension payable in respect of injury or death; (b) was a transferred officer in Division I or II or a person transferred from Division I or II in the service of a recognised authority; and (c) had pensionable service of total service, as the case may be, amounting to ten years or more or was a transferred Federal officer serving in Division I or II; dies and leaves a spouse, there shall be paid to the spouse a pension calculated by means of the formula set out in subsection (1) as though that person had died on the date of his
retirement. 17. Subject to the provisions of this Act, pensions for children shall be payable where(a) a person in the service of a recognised auzthority who has transferred from local conditions whose total service amounts to ten years or more; or (b) a transferred Federal officer serving on local conditions; dies and leaves one or more children. Special pension for (a) transferred Federal officers who were appointed to the service of the Government of spouse, one of the former Protectorates of Northern Rhodesia and Nyasaland; children (b) retired persons to whom paragraph (a) applied immediately before their retirement; and dependants (c) officers who were transferred from service in Zambia to local conditions; and of certain (d) retired persons to whom paragraph (c) applied immediately before their retirement. transferred officers (2) Subject to the provisions of this Act, if a person described in subsection (1) dies and18. (1) This section applies only in relation to the spouse, children or dependants of(a) there remains a spouse; (b) no special pension is payable under this section to a spouse and there remains any child of the deceased; or (c) no special pension is payable or continues to be payable under this section to a spouse or in respect of any child and there remains any dependant of the deceased; there shall be payable, in addition to any pension payable under the provisions of this Act, the special pension, if any, calculated under subsection (3). (3) A special pension payable under subsection (2) shall be calculated as follows: KA 2 (B 1 C 1 D); where KA = the pension which would have been payable under the widows and Orphans Pension Act and the person described in subsection (1) died immediately before the date of his appointment to the service of the Government of the former Federation of Rhodesia and Nyasaland or of his transfer from service in Zambia, as the case may be; B = the pension which is payable under the Widows and Orphans Pension Act in respect of the person described in subsection (1) or which would have been so payable had that person not voluntarily continued to contribute under that Act in respect of the period after his appointment to the service of the Government of the former Federation of Rhodesia and Nyasaland or of his transfer from service in Zambia, as the case may be; C = the pension. if any, payable under the provisions of this Act to the spouse of the person described in subsection (1); and Cap. 279 Cap. 59 Pensions for children
D = the pension, if any, payable under the provisions of this Act in respect of the children of a person described in subsection (1). (4) A special pension calculated under subsection (3) shall be recalculated whenever any circumstance arises which results in any change in the factors B, C or D set out in that subsection. (5) Any special pension payable under this section shall be in accordance with(a) the will left by the deceased; or (b) where the deceased has not left a will, the mode of distribution specified in the Intestate Succession Act. 19. (1) the special pension of a spouse(a) (b) (c) to whom that special pension was payable under the provisions of this Act; whose special pension ceased on remarriage; whose subsequent spouse dies; and Revival of special pension which cased on remarriage Cap. 59
(d) who is not entitled to a pension under this Act in respect of any service with the Government by the subsequent spouse: shall be restored to the spouse as from the date(i) of the death of the subsequent spouse; or (ii) when the last special pension payable in respect of any child or dependant of the previous spouse, ceases to be so payable: whichever is the later. (2) A spouse(a) (b) (c) to whom a special pension was payable under the provisions of this Act; whose special pension ceased on remarriage; whose subsequent spouse has died; and
(d) who is entitled to a pension under this Act in respect of any service with the Government by the subsequent spouse; may, subject to subsection (3) and on the election of such spouse, instead of the pension to which such spouse is entitled in respect of the subsequent spouse, be paid the special pension which ceased on remarriage. (3) The provisions of subsection (2) shall be effective(a) if a special pension is payable under this Act in respect of any child or previous spouse, when the last such pension ceases to be so payable; and (b) in any other case, upon the death of the subsequent spouse.
(4) In the event of a spouse making an election in accordance with subsection (2) to
receive the special pension which ceased on remarriage, the pension to which such spouse became entitled in respect of the subsequent spouse shall be paid for the benefit of all or any remaining children or dependants of the subsequent spouse in accordance with(a) the will left by the deceased; or (b) where the deceased officer has not left a will, the mode of distribution specified in the Intestate Succession Act. 20. (1) Subject to the provisions of subsection (2), any person who was serving in the Junior Division of the former Protectorate of Northern Rhodesia on the 31st October 1961, shall, for the purposes of this Act, be deemed to have been an officer in Division IV throughout such of his continuous service as preceded the 1st November, 1961, and shall not be entitled to any benefits under the African Civil Servants Pensions Regulations. (2) Subsection (1) shall not apply to persons who on the 31st October, 1961 held the post of District Messenger, Senior District Messenger, Second District Messenger, Head District Messenger or any Scheduled post. 21. (1) An officer who is entitled to a pension may elect before the payment of pension Commutation commences, to receive in lieu of either one third or two-thirds of that pension a gratuity of pensions calculated by multiplying the amount of pension to be commuted by the factor obtained from the Fourth Schedule appropriate to the officer's age on his last day of pensionable service or total service as the case may be: Provided that if the portion of the pension not so commuted is less than K50,000, the Board may commute the whole pension at the election of the officer. (2) In the case of a transferred Federal officer who is granted a further pension under the provisions of this Act his pension for the purpose of subsection (1) shall be the aggregate of his pension and further pension: Provided that, in calculating the amount of the single payment to be paid by way of commutation in such cases, the Board shall apply in respect of so much of the amount of pension to be commuted as does not exceed the amount of the further pension, a factor not less than the factor which would have been applied had the recipient retired on the day immediately before the date he was transferred to local conditions. (3) An officer who was transferred from service in Zambia may, provided he so elects in writing before the date of his retirement, elect that subsection (1) shall not apply to him and that instead his pension shall be reduced by an amount, not exceeding one-quarter of that pension, determined by him on that election and that he shall be paid a gratuity equal to twelve and one-half times the amount by which his pension is so reduced. (4) An officer who retires may opt to commute either one-third or two-thirds of his pension for a lump sum, calculated in accordance with the commutation factors as set out in the Third Schedule. Officers deemed to be in Division IV
(5) Nothing in this section authorises the commutation of any pension or part of a pension payable in respect of injury or death. 22. (1) Where any benefit which has been or is payable under the Zambia Civil Service (Local Conditions) Contributory Pensions Act, to or in respect of any person is less than the equivalent benefit which would have been payable if at the date with respect to which the benefit is calculated the provisions of this Act had been in operation, there shall be paid to or in respect of that person with effect from that date an additional benefit equal to the difference. (2) Where prior to the commencement of the said Act and after the 31st October, 1961, there existed circumstances in which(a) no benefit was payable under the said Act to any person; (b) a benefit would have been payable had this Act been in operation at the appropriate time: there shall be paid to or in respect of that person the benefit which would have been payable had this Act been in operation at the appropriate time: Provided that this subsection shall not apply in any case in which a payment was made ex gratia or under the appropriate law in relation to the circumstances and the person described. 23. (1) With effect from the specified date(a) any pension payable under this Act which does not exceed ten kwacha per month shall be increased to fifteen kwacha per month; (b) any pension payable under this Act which exceeds ten kwacha per month but does not exceed fifty thousand kwacha per month shall be increased by seven thousand kwacha; (c) any pension payable under this Act which exceeds fifty thousand kwacha per month but does not exceed eighty thousand kwacha per month shall be increased so as to amount to eighty thousand kwacha per month. (2) For the purposes of this section, "specified date" means the first day of January, 1977. 24. For the purposes of this ScheduleDefinitions "Division I, II, III, or IV", as the case may be, in relation to any person, means belonging Cap. 266 Cap. 135 of the four Divisions into which persons serving on local conditions were divided; "Federal", in relation to any officer, means in the service of the Government of the former Federation of Rhodesia and Nyasaland immediately before his transfer to local conditions on or after the 1st October, 1963; "local conditions" means(a) in respect of any period before the 24th October, 1964, the terms and conditions Increase of certain pensions Certain benefits to be granted or increased retrospectively Cap. 48 1965 Edition
of civil service, including service in the Police Force and Prisons Service, which were known as Local Conditions and were introduced with effect from the 1st November, 1961, by the Government; and (b) in respect of any period after the 23rd October, 1964, the terms and conditions of the Public Service, including service in the Police Force and Prisons Service, which are known as Local Conditions and are issued by the Government from time to time for public officers who are citizens of Zambia; "pensionable service", in respect of any person, means the aggregate of(a) (b) his continuous service, if any, in respect of which contributions have been paid; his qualifying service if any, in a scheduled post; and
(c) in the case of a person who has served in Division III or IV in a scheduled post or has both so contributed and so served, half his qualifying service, if any, in any post other than a scheduled post: Provided that for the purpose of determining whether such person has completed ten years pensionable service, the whole of his continuous service in Division III or IV shall be deemed to be pensionable service; less any period of absence from duty which is not counted as pensionable service; "qualifying service" means(a) in the case of a person whose service commenced before the 1st January, 1946, continuous service in Division III or IV; and (b) in the case of a person whose service commenced after the 31st December, 1945, continuous service in Division III or IV after he attains the age of twenty years; less any period of temporary suspension arising from misconduct and any period of leave without salary which was not granted on the grounds of public policy with the approval of the Permanent Secretary, responsible for Personnel Management; "recognised authority" means(a) any government or administration included in the Schedule made under regulation (17) of the Regulations set out in the Third Schedule to the European Officers' Pensions Act; (b) any other government or administration which the President may, by statutory order, declare to be a recognised authority; (c) in relation to service in the Public Service other than on local conditions, the Government; (d) the Unified African Teaching Service and the Teaching Service created under the African Education Act, and any service replacing those services; (e) the Zambia Defence Force; and (f) any public corporation or public organisation which the President may, by statutory order, declare to be a recognised authority; "scheduled post" means a post described in the Appendix to this Schedule;
"service in Zambia" means service prior to a transfer to local conditions which is pensionable in accordance with the appropriate law. APPENDIX TO FIRST SCHEDULE (Section 24 of First Schedule) SCHEDULED POSTS Fish Guard Senior Fish Guard Head Fish Guard Game Guard Senior Game Guard Head Game Guard Tsetse Control Guard Senior Tsetse Control Guard Head Tsetse Control Guard
SECOND SCHEDULE (Section 54)

CONDITIONS OF SERVICE RELATING TO DEATH OR INJURY IN THE COURSE OF DUTY
ARRANGEMENT OF SECTIONS Section 1. 2. Sick leave for injured persons Benefits following injury
3. 4. 5.
Benefits following death in consequence of injury Reimbursement of medical and other expenses of injured persons Definition
APPENDIX I-DEGREE OF DISABLEMENT OF AN INJURED PERSON APPENDIX II-CALCULATION OF SINGLE PAYMENT TO DISABLED PERSONS
SECOND SCHEDULE (Section 54)
CONDITIONS OF SERVICE RELATING TO DEATH OR INJURY IN THE COURSE OF DUTY 1. (1) Subject to the provisions of subsection (4), the Permanent Secretary, responsible for Personnel Management, may, on production of a medical certificate by any medical practitioner or dentist or, if the Permanent Secretary, responsible for Personnel Management, so stipulates, by a Government medical officer, grant sick leave not exceeding ninety days in aggregate to a person serving on local conditions who sustains an injury in the course of duty. (2) Subject to the provisions of subsection (4), the Permanent Secretary, responsible for Personnel Management, may, on production of a medical certificate by a Government medical officer or, if the Permanent Secretary, responsible for Personnel Management, so stipulates, by a medical board, grant further sick leave not exceeding ninety days in aggregate to a person who has been granted the maximum period of sick leave under subsection (1). (3) Subject to subsection (4), the Permanent Secretary, responsible for Personnel Management, may, on the recommendation of a medical board, grant further sick leave not exceeding one hundred and eighty days in aggregate to a person who has been granted the maximum period of sick leave under subsections (l) and (2). (4) No period of leave shall be granted under this section(a) if the appropriate authority, after considering the report of a medical board, is satisfied that the person concerned will be permanently unfit to perform his work and deems his degree of disablement to have reached a final and stationary condition; or (b) which is less than the period of sick leave recommended in a medical certificate or Sick leave for injured persons
by a medical board, except with the concurrence of the appropriate authority. (5) Sick leave granted under this section shall be on full salary. (6) Any sick leave which may be granted under the rules and instructions relating to persons serving on local conditions shall be(a) in addition to sick leave granted under this section and shall be taken after such leave; and (b) granted under those rules and instructions as they applied on the person's injury.
2. (1) A person who, in consequence of an injury sustained in the course of duty, suffers Benefits any disability shall, in addition to any other benefit provided for in this Act, be entitled- following (a) with effect from the date of his injury until such a time as his disability is deemed injury by the appropriate authority to have reached a final and stationary condition, to a temporary allowance calculated under subsection (3), according to his percentage disability as assessed from time to time; and (b) with effect from the date when his disability is deemed by the appropriate authority to have reached a final and stationary condition(i) to a pension calculated under subsection (3); or (ii) with his consent and the concurrence of the appropriate authority, to a single payment calculated as provided in Appendix II to this Schedule. (2) In any case where, in consequence of an injury sustained in the course of duty, a person who is eligible for any benefit under subsection (1) has retired or his probationary appointment or his agreement has been determined, there shall be paid during his life time, with effect from the last day of his continuous service, in respect of that person's children, to such persons and in such proportions as the appropriate authority may determine, an allowance at an annual rate equal to the sum of(a) the product of his percentage disability and one forty-eighth of the annual rate of his emoluments immediately before the date of his injury, for his first child; and (b) the product of his percentage disability and one sixtieth of the annual rate of his emoluments immediately before the date of his injury, for each additional child; and such allowance shall be recalculated whenever there is any change in the percentage disability of that person or in the number of his children. (3) The annual rate of a temporary allowance or pension payable to a person under subsection (1) shall be calculated as follows: A ; x 2/3B 1 1/3C 100 where A = his percentage disability; B = the annual rate of his emoluments immediately before the date of his injury, not
exceeding (K1,300); and C = the annual rate of his emoluments immediately before the date of his injury, if any, in excess of (K1,300) but not exceeding (K3,040); and, except in relation to a single payment made under subsection (1), shall be recalculated whenever any circumstance arises which results in any change in the factor A, B, or C. (4) If the appropriate authority considers the percentage disability of a person entitled under subsection (1) to any benefit to be inadequate by reason of the particular consequences of his disability in relation to the special nature of his occupation, it may increase his percentage disability to such figure not exceeding one hundred as it considers equitable in the circumstances: Provided that, if there is any material improvement in the earning capacity of the person concerned, the appropriate authority may reduce his percentage disability to a figure not lower than that before such increase. (5) If, in the opinion of a medical board the percentage disability or any person in receipt of a pension under subsection (1) has varied by more than five since that pension become payable, the appropriate authority may at any time vary the percentage disability of that person. (6) For the purposes of this section, if the date of a person's injury is not established to the satisfaction of the appropriate authority, that authority shall determine a date in relation to the injury and the date so determined shall be deemed to be the date of that person's injury. Benefits 3. (1) Subject to the provisions of this Act, the benefits set out in this section shall become payable following the death of a person in consequence of an injury sustained following death in in the course of duty and such benefitsconsequency (a) shall be in addition to any other benefits provided for in this Act; of injury (b) shall be paid(i) in the case of a pension which becomes payable to the children of the deceased only when the pension payable to his spouse ceases, with effect from the day following the day when the pension of the spouse so ceases; and (ii) and in any other case, with effect from the day following the death of the deceased;
(c) shall, when payable in respect of the children of the deceased, be recalculated whenever there is any change in the number of such children remaining. (2) There shall be paid to the spouse if any, of the deceased a pension equal to two-thirds of the pension which would have been payable to the deceased under the provisions of this Act had he suffered a percentage disability of one hundred. (3) Subject to subsection (4), there shall be paid, in respect of any children of the
deceased, to such persons and in such proportions as the appropriate authority may determine, a pension equal to the sum of(a) one twenty-fourth of the annual rate of the deceased person s emoluments immediately before the date of his injury or (K120) per annum,which ever is the greater, for the first child; and (b) one-fortieth of the annual rate of the deceased person's emoluments immediately before the date of his injury or (K72) per annum, whichever is the greater for each additional child: Provided that where any children of different marriages live in any household other than that of the spouse, the pension may, at the discretion of the appropriate authority, be calculated at the rates appropriate as if the children in each such household had been the only children of the deceased. (4) If no pension is payable under subsection (2) or such pension ceases to be payable on the marriage or death of the spouse, there shall be paid, in respect of the children of the deceased, to such persons and in such proportions as the appropriate authority may determine, a pension additional to the pension payable under subsection (3) and equal to the sum of one-fifteenth of the annual rate of the deceased person's emoluments immediately before the date of his injury or (K 192) per annum, whichever is the greater, for each such child. (5) where an accident arising out of and in the course of duty of any officer, probationer, or other person called upon to perform any function or undertake any task in, the service of the Government happens and results in the death of such officer, probationer or other person, his spouse, children or other dependants shall, in addition to any other benefits payable under this Act, become entitled to compensation in the manner following, that is to say(a) a lump sum payment equal to five times the basic annual salary of such officer, probationer, or other person, at the time of death; or (b) a lump sum payment of K75,000 where the person aforesaid has no basic salary(6) For the purpose of this section, if the date of a person's injury is not established to the satisfaction of the appropriate authority, that authority shall determine a date in relation to that injury and the date so determined shall be deemed to be the date of that person's injury. 4. (1) When it is necessary for any person who sustains an injury while serving, on local conditions to make a journey for the purpose of undergoing medical examination or treatment in connection with his injury, the Permanent Secretary, responsible for Personnel Management, shall, unless the appropriate authority otherwise directs, authorise the payment of subsistence allowance and transport costs at such rates and subject to such conditions as he may determine: Reimbursement of medical and other expenses of injured persons
Provided that no subsistences allowance shall be payable in respect of any period during which a person is an in-patient at an institution or hospital the cost of which is repaid in whole or in part under subsection (2). (2) A person who sustains an injury while serving on local conditions shall be entitled to the repayment of such expenses in respect of dental, medical, surgical, hospital or other treatment, including the supply of appliances and artificial limbs, as the appropriate authority considers to have been reasonably incurred by that person. Provided that(i) where his expenses exceed (K500) in aggregate, any such repayment thereof shall be made only if the appropriate authority, after considering the recommendations of the Permanent Secretary, responsible for health so directs; (ii) where those expenses are in respect of any aggravation to a material extent of ill health, physical or mental unfitness, physical or mental incapacity or personal injury, such proportion only of those expenses shall be repayable as, in the opinion of the Permanent Secretary, responsible for health is due to that aggravation. (3) In any case where a person incurs unavoidable expenses, of a nature other than that described under subsections (1) and (2), which the appropriate authority considers to be directly attributable to his undergoing medical examination or treatment in respect of his injury while on local conditions, the Permanent Secretary, responsible for Personnel Management, shall, for the period during which that person is undergoing examination, treatment and travelling in connection therewith, unless the appropriate authority otherwise directs authorise(a) in the case of a person in receipt of a temporary allowance or pension, an increase in that allowance or pension, together with any allowance in respect of children payable under that section; or (b) in the case of a person not in receipt of a temporary allowance or pension, a temporary allowance together with allowances in respect of any children of that person; to such amount not exceeding that which would have been payable had the person's percentage disability been one hundred, as the Permanent Secretary, responsible for Personnel Management, thinks fit. 5. For the purposes of this Schedule"aggravation to a material extent", in relation to a person's ill health, unfitness or incapacity, or personal injury, means an increase in that person's percentage disability(a) in the case where his percentage disability is less than twenty, or more than five and of not less than half that percentage disability; and (b) in any other case, of not less than ten; "ill health" means physical or mental unfitness or incapacity, or personal injury which, in
the opinion of the appropriate authority, is caused by or due to a person's work without any wrongful act or omission on his part and includes an aggravation to a material extent of such ill health, physical or mental unfitness or incapacity, or personal injury; "percentage disability" means (a) in the case of any disability described in Appendix I to this Schedule, the appropriate percentage therein set out; and (b) in the case of any other disability, the percentage assessed by a medical board by comparing the condition of the person concerned with the condition of a normal healthy person of the same age and sex without reference to earning capacity: Provided that(i) where the person concerned suffers more than one disability in consequence of one or more injuries, his percentage shall be the sum of the appropriate percentages or one hundred, whichever is the less; (ii) where the appropriate authority varies the percentage disability of a person under the provisions of this Act, his percentage disability shall be so varied; "total service" means the aggregate of pensionable service including service with a recognised authority taken into account for the purpose of computing pension: Provided that, in the case of a transferred Federal officer, total service shall include any service which would have been regarded as counting for pension had the officer retired from the service of the Government of the former Federation of Rhodesia and Nyasaland immediately before his transfer. APPENDIX I TO SECOND SCHEDULE (Section 5 of Second Schedule) DEGREE OF DISABLEMENT OF AN INJURED PERSON Item Nature of disablement Degree of disablement per centum
GENERAL 1. Loss of hand and foot above site of Syme's Amputation 2. Injury resulting in the injured person being permanently bedridden INJURY TO UPPER LIMB 3. Loss of both hands or both arms at higher sites 100 100 100
4. Loss of remaining arm by injured person who has previously lost one arm 5. Loss of arm at shoulder or below shoulder with stump of less than 8 inches from tip of acromion 6. Loss of arm from 8 inches below tip of acromion to less than 4 and half inches below tip of olecranon 7. Loss of arm 4 and half inches below the tip of olecranon 8. Loss of hand at wrist 9. Loss of four fingers and thumb of one hand 10. Loss of four fingers on one hand 11. Loss of thumb: (a) both phalanges (b) one phalanx 12. Loss of index finger: (a) three phalanges (b) two phalanges (c) one phalanx (d) tip and nail, no bone 13. Loss of middle finger: (a) three phalanges (b) two phalanges (c) one phalanx (d) tip and nail, no bone 14. Loss of ring finger: (a) three phalanges (b) two phalanges (c) one phalanx (d) Lip and nail, no bone 15. Loss of little finger: (a) three phalanges (b) two phalanges (c) one phalanx 4 3 2 5 4 2 1 6 4 2 1 10 8 4 2 25 10 35 60 60
100 70 68 65
(d) tip and nail, no bone 16. Loss of metacarpal: (a) first or second (additional) (b) third, fourth or fifth (additional) 17. Ankylosis in optimum position: (a) shoulder (b) elbow (c) wrist 18. Notwithstanding the foregoing provisions of this Schedule-
3 2
35 35 25
(a) in the case of a right-handed injured person, an injury to the left arm or hand, and in the case of a left-handed injured person an injury to the right arm or hand, shall be rated at 90 per centum of the above percentage; (b) when there are two or more injuries to the same hand, the following basis of computing the degree of disablement shall be adopted and for this purpose a thumb shall be regarded as a finger(i) where two fingers have been injured, the sum total of the percentage for each finger shall be increased by 20 per centum of such total; (ii) where three fingers have been injured, the sum total of the percentages for each finger shall be increased by 30 per centum of such sum total; (iii) where four fingers have been injured, the sum total of the percentage of each finger shall be increased by 40 per centum of such sum total: Provided that the percentage disability thus obtained shall not exceed that for the loss of the whole hand. INJURY TO LOWER LIMB 19. Loss of both feet above site of Syme's amputation or loss of both legs at higher sites 100 20. Loss of remaining leg by an injured person who has previously lost one leg 100 21. Loss of leg at hip or below hip with stump not exceeding 5 inches in length measured from tip of great trochanter 70 22. Loss of leg below hip with stump exceeding 5 inches in length measured from tip of great trochanter but not beyond middle thigh 60 23. Loss of leg below middle thigh but not more than 4 inches below knee 50 24. Loss of leg below knee with stump exceeding 4 inches 30
25. Modified Syme's operation: (a) one foot (b) two feet 26. Loss of foot at tarso-metatarsal joint 27. Loss of all toes of both feet proximal interphalangeal joint 25 70 25 25
28. Loss of all toes of both feet distal to the proximal interphalangeal joint 15 29. Loss of all toes of one foot proximal to the proximal interphalangeal joint 30. Loss of toes of one foot distal to the proximal interphalangeal joint 31. Loss of great toe: (a) both phalanges (b) one phalanx 5 2 10 15
32. Loss of toe other than great toe if more than one toe lost, each1 33. Ankylosis in optimum position: (a) hip (b) knee (c) ankle INJURY TO SIGHT 34. Total loss of sight100 35. Loss of remaining eye by an injured person who previously had the sight of only one eye 100 36. Loss of one eye, the other eye being normal 30 37. Total loss of vision of one eye the other being normal30 38. Other degrees of defective vision based on the visual defect as measured after corrected with glasses: when best visual acuity isin one eye: 6/6 or 6/9 6/6/ or 6/9 6/6/ or 6/9 other eye: 6/24 6/36 6/60 15 20 20 50 25 15
6/6/ or 6/9 5/12 6/18 6/18 6/18 6/18 6/18 6/18 6/24 6/24 6/24 6/24 6/24 6/36 in one eye: 6/36 6/36 6/36 6/60 6/60 6/60 Nil
6/60 Nil 6/18 6/24 6/36 6/60 3/60 Nil 6/24 6/36 6/60 3/60 Nil 6/36 other eye: 6/60 3/60 Nil 6/60 3/60 Nil Nil
20 30 15 30 40 40 40 50 30 40 50 50 70 50
60 60 70 80 80 90 100
INJURY TO HEARING Item Nature of disablement Degree of disablement per centum 50 40
39. Total deafness in both ears 40. Shout not audible at a distance of more than 3 feet
41. Conversational voice not audible at a distance of more than 1 foot 42. Conversational voice not audible at a distance of more than 3 feet 43. Conversational voice not audible at a distance of more than 6 feet 44. Conversational voice not audible at a distance of more than 9 feet: (a) one ear totally deaf (b) otherwise less than 45. The degree of disablement indicated opposite items 40 to 44, both inclusive, shall be in respect of both ears used together. APPENDIX II TO SECOND SCHEDULE (Section 2 of Second Schedule) CALCULATION OF SINGLE PAYMENT TO DISABLED PERSONS 7 7
30 20 10
Single payment made under section 43 shall equal the product of the pension provided for in section 43 (1) at the date when the appropriate Commission deems a person's disability to be final and stationary and the appropriate factor determined by reference to that person's age on his next birthday in accordance with the following table: Age next birthday under 20 years 20 years or more but less than 25 years 25 years or more but less than 30 years 30 years or more but less than 35 years 35 years or more but less than 40 years 40 years or more but less than 45 years 45 years or more but less than 50 years 50 years or more but less than 55 years 55 years or more but less than 60 years 60 years or more but less than 65 years 65 years or more but less than 70 years Factor 16.00 15.50 15.00 14.50 14.00 13.00 12.00 11.00 10.00 8.00 7.00
THIRD SCHEDULE
(Section 52) COMMUTATION TABLE Single case payment in commutation of pension K1 (one kwacha) per annum. Half-age Up to 20 20.5 21 21.5 22 22.5 23 23.5 24 24.5 25 25.5 26 26.5 27 27.5 28 28.5 29 Cash payment 35.66 35.58 35.48 35.40 35.30 35.22 35.12 35.04 34.94 34.86 33.76 34.66 34.56 34.46 34.36 34.26 34.16 34.06 33.96 Half-age 48 48.5 49 49.5 50 50.5 51 51.5 52 52.5 53 53.5 54 54.5 55 55.5 56 56.5 57 Cash payment 28.76 28.56 28.38 28.18 28.00 27.80 27.60 27.38 27.18 26.96 26.74 26.52 26.30 26.06 25.84 25.58 25.34 25.10 24.84
29.5 30 30.5 31 31.5 32 32.5 33 33.5 34 34.5 35 35.5 36 36.5 37 37.5 38 38.5 39 39.5 40 40.5 41 41.5 42 42.5
33.86 33.74 33.64 33.54 33.42 33.30 33.20 33.08 32.96 32.84 32.72 32.60 32.48 32.36 32.24 32.10 31.98 31.84 31.72 31.58 31.44 31.30 31.16 31.02 30.88 30.72 30.58
57.5 58 58.5 59 59.5 60 60.5 61 61.5 62 62.5 63 63.5 64 64.5 65 65.5 66 66.5 67 67.5 68 68.5 69 69.5 70 70.5
24.60 24.34 24.06 23.80 23.52 23.26 22.98 22.70 22.40 22.12 21.82 21.52 21.22 20.92 20.60 20.30 19.98 19.66 19.34 19.02 18.70 18.38 18.06 17.72 17.40 17.06 16.72
43 43.5 44 44.5 45 45.5 46 46.5 47 47.5
30.42 30.28 30.12 29.96 29.80 29.62 29.46 29.28 29.12
71 71.5 72 72.5 73 73.5 74 74.5 75
16.38 16.06 15.72 15.38 15.04 14.72 14.38 14.04 13.70
CHAPTER 261 THE PRESIDENTIAL EMOLUMENTS ACT 1. 2. 3. Short Title Salary and allowance Gratuity
CHAPTER 261
PRESIDENTIAL EMOLUMENTS An Act to repeal and replace the Presidential Emoluments Act; to provide for the revised salary, allowance and gratuity payable to the holder of the office of President; and to provide for matters connected with or incidental to the foregoing. [6th March, 1981]
Act 2 of 1981 30 of 1985 21 of 1987 35 of 1988 20 of 1989 3 of 1991 30 of 1992 45 of 1994 26 of 1996 18 of 1997 25 of 2000 7 of 2002 12 of 2005
1. (1) This Act may be cited as the Presidential Emoluments Act.
Short title
(2) Subject to subsection (3), this Act shall be deemed to have come into Cap. 261 operation on the 1st April, 2005. (3) Subsection (2) of section two shall come into effect on 1st April 2006. 2. (1) The President shall from 1st April, 2005 to 31st March, 2006 be Salary and allowance paid(a) (b) a salary calculated at the annual rate of K108,874,776.00; and a special annual allowance of K44,373,864.
(For the avoidance of doubt, subsection (1) of section two the principal Act shall stand
repealed on 1st April, 2006.
(2) The President shall, with effect from 1st April, 2006, be paid(a) (b) a salary calculated at the annual rate of K123,028,500.00; and a special annual allowance of K44,373,864.00
(As amended by Act No. 18 of 1997, No. 25 of 2000, No. 7 of 2002 and No. 12 of 2005)
3. A person who has held the office of President for at least three years Gratuity shall, upon the expiration of his term of office or upon his ceasing to be President, be paid a gratuity equal to one hundred per centum of the aggregate amount of emoluments paid or payable to him in respect of the period spent in office: Provided that where a person who holds office of President ceases to hold office(a) by reason of his death; or (b) when a new President assumes office after an election following the dissolution of Parliament before its full term; that person shall be deemed to have served as President for the specified period of three years for the purpose of this section. (As amended by Act No. 3 of 1991)
CHAPTER 262 THE MINISTERIAL AND PARLIAMENTARY OFFICES (EMOLUMENTS) ACT

Sections 1. 2. 2A. 3. 4. 5. Short title Salaries and allowances Constituency allowance Allowances exempt from tax Payment of Gratuity Payments under this Act
6.
Payment of Members of National Assembly in respect
7. No payment of salary during imprisonment, restriction or detention. FIRST SCHEDULE (Repealed and Replaced by Act No. 8 of 2002) SECOND SCHEDULE (Repealed and Replaced By Act No. 8 2002) THIRD SCHEDULE
CHAPTER 262
MINISTERIAL AND PARLIAMENTARY OFFICES (EMOLUMENS) An Act to provide for revised salaries, and gratuity payable to the holders of the offices of Vice President, Speaker, Deputy Speaker, Minister, Deputy Minister, Leader of the opposition and member of the National Assembly; to repeal and replace the Central Committee, Ministerial and Parliamentary Offices (Emoluments) Act, and to provide for matters connected with or incidental to the foregoing. [31st July, 1992]
Act 31 of 1992 46 of 1994 13 of 1995 19 of 1995 22 of 1996 14 of 1997 26 of 2000 8 of 2002 13 of 2005
1. (1) This Act may be cited as the Ministerial and Parliamentary Short title Offices (Emoluments) (Amendment) Act, 2000, and shall be read as one Cap. 262 with the Ministerial and Parliamentary Offices (Emoluments) Act, in this Act referred to as the principal Act. (2) Subject to subsection (3), this Act shall be deemed to have come into operation on 1st April, 2005. (3) Part II of the First Schedule shall come into effect on 1st April, 2006. 2. (1) Subject to this section there shall be paid to the holder of an office Salaries and specified in the first column of the First Scheduleallowances (a) a salary at the annual rate prescribed for that office in the second column of the First Schedule; (b) a special allowance at the annual rate prescribed for that office in the third column of the First Schedule; and
(c) a utility allowance at the annual rate specified for that office in the fourth column of the First Schedule; (d) a fuel allowance, motor vehicle allowance and an allowance for medical expenses at the annual rate prescribed for that office in the fourth, fifth and sixth columns of the First Schedule; and (e) a telephone allowance, entertainment allowance and a driver's allowance at the annual rate prescribed for that office in the seventh, eighth and ninth columns of the First Schedule. (2) There shall be paid to the leader of the opposition and the chief whip a salary at the annual rate prescribed for that office in the First Schedule. (As amended by Act No. 46 of 1994, No. 26 of 2000 and No. 13 of 2005) 2A. (1) There shall be paid to a member of the National Assembly a constituency allowance calculated(a) in the case of a member returned by a constituency specified in Part I of the Third Schedule, at the annual rate specified in the second column of the Second Schedule; and (b) in the case of a member returned by a constituency specified in Part II of the Third Schedule, at the annual rate specified in the third column of the Second Schedule. (2) There shall be paid to a nominated member of the National Assembly in lieu of a constituency allowance, an allowance calculated at the annual rate of ten million kwacha. (As amended by Act No. 46 of 1994 and No. 13 of 2005) 3. (1) The allowances payable under this Act shall be exempt from any Allowances tax imposed on income or profits. exempt from tax (2) For the purposes of any written law relating to the taxations of income or profits, the taxable income of the holder of an office specified in the Schedule shall be determined without taking into account the value of any benefit, right or advantage relating to the occupation of Constituency allowance
housing provided by the Government. 4. (1) Subject to the other provisions of this section, there shall be paid Payment of to the holder of an office specified in the First Schedule, as from 1st gratuity November, 1991, a gratuity at the rate of thirty-five per centum of the last earned gross annual emolument, multiplied by the number of years served on a pro-rata basis. Provided that gratuity paid to any holder of such office under the principle Act before the commencement of this Act shall be deducted from such gratuity. (2) Any member of the National Assembly or the holder of an office specified in the Schedule, other than the Speaker shall not be entitled to a payment of any gratuity under subsection (1) unless he has continuously served as a member of the National Assembly or as a holder of an office specified in the Schedule for a period of not less than twelve months. Provided that a person who has held an office specified in the Schedule or the office of member of the National Assembly for less than twelve months shall also be entitled to a gratuity under this section if he dies or if he ceases or hold such office by reason of his being elected, appointed or nominated by the President to another office. (3) For the purpose of calculating the period of twelve months specified in subsection (2) the holder of an office specified in the Schedule or a member of the National Assembly shall be deemed to have served continuously during any period between the date of the dissolution of Parliament and the date of the commencement of the first session of the new Parliament only if(a) he was a member of the National Assembly or the holder of an office specified in the Schedule at the time which Parliament was dissolved; and (b) he becomes a member of the National Assembly or the holder of an office specified in the Schedule of the commencement of the first session of the new Parliament.
(4) The gratuity payable under the provisions of this section shall become payable only upon dissolution of Parliament and shall be exempt from any tax imposed on income or profits. (As amended by Act No. 46 of 1994, 13 of 1995, 22 of 1996 and 14 of 1997) 5. (1) The salary and gratuity payable to the Speaker under this Act shall be a charge on the general revenues of the Republic. (2) Except as provided by subsection (1), any salary, gratuity or benefit payable under this Act shall be paid from moneys appropriated by Parliament for the purpose. 6. Notwithstanding anything contained in any other written law, no member of the National Assembly shall, in respect of his services as a member ofPayment of Members of National Assembly in (a) a local authority, statutory corporation or any other board, commission, committee, council, tribunal or similar body established by respect or under any written law; (b) any administrative body whose expenses are wholly or partly defrayed out of moneys appropriated by parliament; be paid any remuneration except by way of reimbursements in respect of travelling, subsistence or out-of-pocket expenses incurred by him in the discharge of his functions. 7. Notwithstanding anything contained in this Act, no person shall be paid any salary under this Act in respect of any period during which he is serving a sentence of imprisonment or is restricted or detained in terms of or under the authority of any such law as is referred to in the Constitution. FIRST SCHEDULE No payment of salary during imprisonment, restriction or detention Cap. 1 Payments under this Act
APPENDIX (Section 4) THE FIRST SCHEDULE (Section 2)
PART I
SALARIES AND ALLOWANCES PAYABLE TO SPECIFIED OFFICES
FROM 1ST APRIL, 2005 TO 31ST MARCH, 2006
Position Vice President Speaker Deputy speaker Minister Chief Whip Leader of Opposition Deputy Minister Private Member
Salary K 65,826,072 57,240,060 49,831,584 49,831,584 49,831,584 49,831,584 47,069,292 46,543,920
Special Allowance K 25,402,224 22,525,956 19,777,116 19,777,116 19,777,116 19,777,116 18,071,892 14,367,036
Utility K 20,000,000 20,000,000 20,000,000 20,000,000 20,000,000 20,000,000 20,000,000 20,000,000
PART II SALARIES AND ALLOWANCES PAYABLE TO SPECIFIED OFFICES

FROM 1ST APRIL, 2006
Position Vice President Speaker Deputy speaker Minister Chief Whip Leader of Opposition Deputy Minister Private Member
Salary K 74,383,464 64,681,272 56,309,688 56,309,688 56,309,688 56,309,688 53,188,296 52,594,632
Special Allowance K 25,402,224 22,525,956 19,777,116 19,777,116 19,777,116 19,777,116 18,071,892 14,367,036
Utility K 20,000,000 20,000,000 20,000,000 20,000,000 20,000,000 20,000,000 20,000,000 20,000,000
(As amended by Act No. 8 of 2002, Repealed and Substituted by Act No. 13 of 2005) (For the avoidance of doubt, Part I of the First Schedule shall stand repealed on 1st April, 2006)
SECOND SCHEDULE
THE SECOND SCHEDULE (Section 2A)
CONSTITUENCY ALLOWANCE
Position 1. Vice President Rural Urban Nominated 2. Speaker Rural Urban Nominated 3. Deputy Speaker Rural Urban Nominated 4. Cabinet Minister Rural Urban Nominated 5. Leader of Opposition Rural Urban Nominated 6. Deputy Minister Rural Urban Nominated 7. Private Member Rural Urban Nominated
1 Constituency Allowance 15,000,000 12,000,000 10,000,000 15,000,000 12,000,000 10,000,000 15,000,000 12,000,000 10,000,000 15,000,000 12,000,000 10,000,000 15,000,000 12,000,000 10,000,000 15,000,000 12,000,000 10,000,000 15,000,000 12,000,000 10,000,000
THIRD SCHEDULE (As repealed by Act No. 26 of 2000)
CHAPTER 263 THE CONSTITUTIONAL (EMOLUMENTS) ACT

Section 1. 2. Short title and commencement Salary
SCHEDULE
CHAPTER 263
CONSTITUTIONAL OFFICES (EMOLUMENTS) An Act to provide for revised salaries for holders of offices to which Article 105 of the Constitution applies; to repeal the Constitutional Offices (Emoluments) Act, 1992; and to provide for matters connected with or incidental to the foregoing. [24th December, 1993
Act 41 of 1993 20 of 1995 34 of 1995 25 of 1996 23 of 1998 24 of 2000
9 of 2002 14 of 2005
1. (1) This Act may be cited as the Constitutional Offices (Emoluments) Act. (2) Subject to subsection (3), this Act shall be deemed to have come into operation on 1st April, 2005. (3) Part II of the Schedule shall come into effect on 1st April, 2006 2. There shall be paid to the holder of an office specified in the first column of the schedule, in accordance with the dates specified in Part I and Part II of the Schedule (a) a salary at the annual rate prescribed for that office in the second column of the Schedule; and (b) a responsibility allowance at the annual rate prescribed for that office in the third column of the Schedule. (As amended by Act No. 20 of 1995, Act No. 25 of 1996 and No. 9 of 2002, Repealed and Substituted by Act No. 14 of 2005)
Short title and Cap. 263
Salary and responsibilty allowance
SCHEDULE
APPENDIX (Section 3) SCHEDULE (section 2) PART I SALARIES AND ALLOWANCES PAYAYBLE TO SPECIFIED OFFICES
1 Office Secretary to the Cabinet Attorney-General Investigator-General Auditor-General Director of Public Prosecution Solicitor General
2 Salary 105,704,424 89,879,364 85,599,396 85,599,396 85,599,396 85,599,396
3 Responsibilty Allowance 42,000,000 36,000,000 36,000,000 36,000,000 30,852,000 30,850,000
PART II SALARIES AND ALLOWANCES PAYAYBLE TO SPECIFIED OFFICES

1 Office
2 Salary
3 Responsibilty Allowance 42,000,000 36,000,000 36,000,000 36,000,000 30,852,000 30,850,000
Secretary to the Cabinet 119,445,996 Attorney-General 101,563,680 Investigator-General 96,727,320 Auditor-General 96,727,320 Director of Public Prosecution 96,727,320 Solicitor General 96,727,320
(As amended by Act No. 20 of 1995, Act No. 25 of 1996, Act No.23 of 1998 and repealed by Act No. 24 of 2000, as Repealed by Act No.9 of 2002, As Repealed and Replaced by Act No. 14 of 2005)
(For the avoidance of doubt, Part I of the Schedule shall stand repealed on 1st April, 2006)
CHAPTER 264
THE MANAGEMENT SERVICES BOARD ACT.

PART II ESTABLISHMENT BOARD 3. 4. 5. 6. 7. 8. 9. 10. 11. OF MANAGEMENT SERVICES
Establishment of Board Composition of Board Functions of Board Powers of Board Proceedings of Board Seal Committees of Board Director and Deputy Director of Board Secretary and other staff
PART III FINANCIAL PROVISIONS 12. 13. 14. 15. Funds of Board Financial year Accounts Annual report
PART IV MISCELLANEOUS
16.
Disclosure of interest
17. Prohibition of publication or disclosure of information to unauthorised persons 18. Regulations
SCHEDULE-Powers of Board
CHAPTER 264
MANAGEMENT SERVICES BOARD An Act to provide for the establishment of the Management Services Board; to define the functions and powers of the Board; and to provide for matters connected with or incidental to the foregoing. [1st June, 1981] PART I PRELIMINARY 1. This Act may be cited as the Management Services Board Act.
Act No. 8 of 1981 13 of 1994 Statutory Instrument 71 of 1981
2. In this Act, unless the context otherwise requires"Board" means the Management Services Board established by section three; "Chairman" means the person designated Chairman of the Board under section four; "Deputy Director" means the person appointed Deputy Director of the Board under section ten; "Director" means the person appointed Director of the Board under section ten; "member" means a member of the Board;
"Secretary" means the person appointed Secretary to the Board under section eleven; "Vice-Chairman" means the person elected Vice-Chairman of the Board under section four.
PART II ESTABLISHMENT BOARD OF MANAGEMENT SERVICES
3. There is hereby established the Management Services Board which Establishment shall be a body corporate with perpetual succession and a common seal, of Board capable of suing and of being sued in its corporate name, and with power, subject to the provisions of this Act, to do all such acts and things as a body corporate may by law do or perform and as are necessary for, or incidental to, the carrying out of its functions and powers as set out in this Act. 4. (1) The Board shall consist of the following membersComposition of Board
(a)
the Secretary to the Cabinet, who shall be the Chairman;
(b) the Permanent Secretary in the Ministry responsible for legal affairs; (c) the Permanent Secretary in the Ministry responsible for finance;
(d) the Permanent Secretary in the Ministry responsible for development planning; (e) the Permanent Secretary in the Ministry responsible for commerce and industry; (f) (g) the Permanent Secretary in the Ministry responsible for labour; obsolete;
(h)
obsolete;
(i) the Dean of the School of Management of the Copperbelt University; (j) (k) a representative of the Zambia Federation of Employers; a representative of the Zambia Congress of Trade Unions;
(l) two representatives from the industrial sector appointed by the Minister after consultation with the Zambia Association of Chambers of Commerce and Industry. (2) The Board shall elect a Vice-Chairman from amongst its members who shall discharge the functions of the Chairman whenever the office of Chairman is vacant or the Chairman is absent or is for any other cause prevented from discharging the functions of his office. 5. (1) It shall be the function of the Board to foster sound management Functions of and organisational development in the parastatal and other sectors of the Board economy. (2) Without prejudice to the generality of subsection (1), it shall be the function of the Board to(a) assist organisations through the provision of professional consultancy services to improve their management systems and performance; (b) design and carry out management training programmes in various fields for upgrading skills and improving managerial performances; (c) encourage the development of managerial skills within client organisations; (d) develop management information and communication systems;
(e) assist in strengthening the management training capacity of educational and training institutions through joint programmes; (f) conduct such surveys and research relating to managerial manpower or training as may be required to develop effective national policies; (g) assist in developing management capabilities in the small-scale business sector by providing services relating to entrepreneurial selection, training, consulting and counselling; (h) act as the national medium for co-ordinating the management development efforts and activities of various training and educational institutions in Zambia or elsewhere; and (i) participate in regional management development activities in collaboration with other institutions outside Zambia. 6. Subject to the provisions of this Act, the Board shall have power to Powers of do all or any of the things specified in the Schedule. Board 7. (1) Subject to the provisions of this section, the Board may regulate Proceedings of its own procedure. Board (2) The quorum of the Board shall be five. (3) For the transaction of its business, the Board shall hold meetings at such places and at such times as the Chairman may determine, but not less than three times a year. (4) There shall preside at any meeting of the Board(a) (b) the Chairman; or in the absence of the Chairman, the Vice-Chairman; or
(c) in the absence of the Chairman and the Vice-Chairman, such member as the members present may elect for that meeting.
(5) Subject to the provisions of subsection (6), a decision of the Board on any question shall be by a majority of the members present and voting at a meeting and, in the event of an equality of votes, the person presiding at the meeting shall have a casting vote in addition to his deliberative vote. (6) Where any member is, for any reasonable cause, unable to attend any meeting of the Board, he may, be notice in writing addressed to the Chairman, authorise his next subordinate officer to attend a meeting in his stead and such officer shall be deemed to be a member only during the absence of the substantive member and shall, during such absence, have all the powers of such member. (7) The Board may invite any person, whose presence is in its opinion desirable, to attend and to participate in the deliberations of a meeting of the Board but such person shall have no vote. (8) The validity of any proceedings, act or decision of the Board shall not be affected by any vacancy in the membership of the Board or by any defect in the appointment of any member or by reason that any person not entitled so to do took part in the proceedings. (9) The Board shall cause minutes to be kept of the proceedings of every meeting of the Board and of every meeting of any committee established by the Board, and a copy of such minutes shall be furnished by the Board(a) (b) to the Minister; to such other person as the Board may determine.
8. (1) The seal of the Board shall be such device as may be determined Seal by the Board and shall be kept by the Secretary. (2) The Board may use a wafer or rubber stamp in lieu of an embossed seal.
(3) The affixing of the seal of the Board shall be authenticated by the Chairman or Vice-Chairman and the Secretary or one other person authorised in that behalf by a resolution of the Board. (4) Any document purporting to be a document duly executed or issued under the seal of the Board or on behalf of the Board shall be received in evidence and shall be deemed to be a document so executed or issued, as the case may be, without further proof, unless the contrary is proved. (5) Any contract or instrument which, if entered into or executed by a person not being a body corporate, would not require to be under seal, may be entered into or executed without seal on behalf of the Board by the Secretary or any other person generally or specifically authorised by the Board in that behalf. 9. (1) The Board may establish committees for the purpose of performing any of its functions under this Act and may delegate to any such committee such of its functions as it deems fit. (2) The Board may appoint as members of a committee established under subsection (1), persons who may or may not be members of the Board, and such persons shall hold office for such period as the Board may determine. (3) Subject to any specific or general direction of the Board, any committee established under subsection (1) may regulate its own procedure. 10. (1) The Board shall, subject to the approval of the Minister, appoint Director and a Director of the Board who shall be the chief executive officer of the Deputy Director Board. of Board (2) The Board may appoint a Deputy Director of the Board. (3) The Director, or in his absence the Deputy Director, shall attend meetings of the Board, and may address such meetings, but shall not vote on any matter: Committees of Board
Provided that the person presiding at any meeting of the Board may, for good cause, require the Director or Deputy Director, as the case may be, to withdraw from such meeting. (4) The provisions of section sixteen shall apply to the Director and Deputy Director. 11. (1) There shall be a Secretary to the Board who shall be appointed Secretary and by the Board on such terms and conditions as the Board may determine. other staff (2) The Secretary shall be responsible for the administration of the day-to-day affairs of the Board under the general supervision of the Director. (3) The Board may appoint, on such terms and conditions as it may determine, such other staff as it may deem necessary for the performance of its functions under this Act.
PART III FINANCIAL PROVISIONS 12. (1) The funds of the Board shall consist of such moneys as may(a) (b) (c) be appropriated by Parliament for the purposes of the Board; be paid to the Board by way of grants or donations; vest in or accrue to the Board. Funds of Board
(2) The Board may(a) accept moneys by way of grants or donations from any source in Zambia and, subject to the approval of the Minister, from any source outside Zambia;
(b) subject to the approval of the Minister, raise by way of loans or otherwise such moneys as it may require for the discharge of its functions; (c) charge and collect fees in respect of programmes, seminars, consultancy services, and other services provided by the Board. (3) There shall be paid from the funds of the Board(a) the salaries and allowances of the staff of the Board;
(b) such reasonable travelling, transport and subsistence allowances of members of the Board or of any committee when engaged on the business of the Board as the Board may determine; (c) any other expenses incurred by the Board in the discharge of its functions. (4) The Board may invest in such manner as it thinks fit such of its funds as it does not immediately require for the discharge of its functions. 13. The financial year of the Board shall be the period of twelve months ending on the 31st December in any year. Financial year
14. The Board shall cause to be kept proper books of account and other Accounts records in relation thereto. 15. (1) As soon as practicable, but not later than six months after the expiry of each financial year, the Board shall submit to the Minister a report concerning its activities during such financial year. (2) The report referred to in subsection (1) shall, among other things, include a report on the financial affairs of the Board and there shall be appended thereto(a) a balance sheet; Annual report
(b) and (c)
an audited statement of revenue and expenditure during the year;
such other information as the Minister may require.
(3) The Minister shall, not later than seven days after the first sitting of the National Assembly next after the receipt of the report referred to in subsection (1), lay it before the National Assembly.
PART IV MISCELLANEOUS 16. (1) If a member of the Board or of any committee of the Board or Disclosure of his spouse is directly or indirectly interested, in his private capacity, in interest any matter and is present at a meeting of the Board or committee, as the case may be, at which such matter is the subject of consideration, he shall, as soon as practicable after the commencement of the meeting, disclose such interest, and shall not, unless the Board or committee, as the case may be, otherwise directs, take part in any consideration or discussion, or vote on, any question touching such matter. (2) A disclosure of interest made under subsection (1) shall be recorded in the minutes of the meeting at which it is made. 17. (1) A person shall not, without the consent in writing given on behalf of the Board, publish or disclose to any person, otherwise than in the course of his duties, the contents of any document, communication or information whatsoever, which relates to, and which has come to his knowledge in the course of, his duties under this Act. Prohibition of publication or disclosure of information to unauthorised persons
(2) Any person who knowingly contravenes the provisions of subsection (1) shall be guilty of an offence and shall be liable, upon conviction, to a fine not exceeding twelve thousand five hundred penalty units or to imprisonment for a term not exceeding three years, or to both.
(3) If any person having information which to his knowledge has been published or disclosed in contravention of subsection (1) unlawfully publishes or communicates any such information to any other person, he shall be guilty of an offence and shall be liable, upon conviction, to a fine not exceeding twelve thousand five hundred penalty units or to imprisonment for a term not exceeding three years, or so both. (As amended by Act No. 13 of 1994) 18. The Minister may, after consultation with the Board, make regulations, by statutory instrument, for the better carrying out of the provisions of this Act. Regulations
SCHEDULE
(Section 6)
POWERS OF BOARD
1. To establish any fund for the acquisition of property. 2. To build, acquire, maintain or otherwise deal with any property. 3. To sell, exchange, lease, mortgage, dispose of, turn to account or otherwise deal with any property of the Board. 4. To do all such things as are necessary or expedient for the management and administration of the Board. 5. To draw, make, accept, endorse, discount, execute or issue for the purposes of the Board, promissory notes, bills of exchange, bills of lading, securities and other negotiable and transferable instruments. 6. To insure against loss, damage, risks and liabilities which the Board may incur. 7. To enter into contracts of suretyships, or to give guarantees, for the purposes of the Board. 8. To raise or make loans or to invest moneys of the Board. 9. To delegate any powers of the Board to the Director, Deputy Director or the Secretary. 10. To grant such leave of absence and pay such bonuses or make such awards to the staff of the Board as it thinks fit. 11. To provide pecuniary benefits for the staff of the Board on their retirement, resignation, discharge or other termination of service or in the event of their sickness or injury.
12. To effect policies of insurance, establish any pension or provident fund or make any provision to secure any benefit for the staff of the Board or their dependants. 13. To make loans to the staff of the Board for the purpose of purchasing vehicles, tools or other equipment to be used by the staff in carrying out their duties. 14. To make salary or wage advances, not exceeding three months' salary or wages, to the staff of the Board for such purposes and on such terms as the Board may determine. 15. To do all such things as are incidental or conducive to the exercise of the powers or the performance of the functions of the Board.
CHAPTER 265 THE TRANSFERRED FEDERAL OFFICERS (DEPENDANTS) PENSIONS ACT

Section 1. 2. 3. 4. 5. Short title Interpretation Payments to the Government Refunds of payments Pension for widows
6. Payments of pension or other benefits to widows of a deceased person who was married under a system permitting of polygamy 7. Pension for children 8. Payments of pension to children of a deceased person who was married under a system permitting of polygamy 9. 10. 11. 12. Rights of dependants of guaranteed officers Furnishing of information Forfeiture of pension Pensions or other benefits not to be assignable
13. Pensions and other benefits charged on general revenues of the Republic
CHAPTER 265
TRANSFERRED FEDERAL OFFICERS (DEPENDANTS) PENSIONS An Act to provide for the making of payments to the Government of Zambia by certain public officers who transferred from the service of the Government of the former Federation of Rhodesia and Nyasaland; to provide for the payment of pensions and other benefits to the dependants of such officers in the event of death; and to provide for matters incidental to or connected with the foregoing. [15th January, 1965] 1. This Act may be cited as the Transferred Federal Officers (Dependants) Pensions Act. 2. (1) In this Act, unless the context otherwise requires-
4 of 1965
Short title
Interpretation Cap. 279 "beneficiary" means a legitimate or legitimated son or daughter (including a posthumous child, stepchild, or child legally adopted) of an Cap. 279 Cap. 279 officer or pensioner, if the son or daughter is under the age of Cap. 266 twenty-one years andCap. 279 (a) in the case of a son, is not under the age of eighteen years; (b) in the case of a daughter, has not been married and is not under the age of eighteen years; "child" means an unmarried legitimate or legitimated son or daughter (including a posthumous child, step-child or child legally adopted) under the age of eighteen years, of an officer or pensioner; "deficit" means the difference between(a) the aggregate of the annual rate of the pensions which would have been payable to a widow, child or beneficiary, as the case may be, of a guaranteed officer under the Widows and Orphans Pension Act or the scheme had he died immediately before the date of transfer from the Government or the Government of the former Protectorate of Nyasaland to the service of the Government of the former Federation of Rhodesia and Nyasaland; and (b) the aggregate of the annual rate of the pensions which at his death are payable to a widow, child or beneficiary, as the case may be, of a guaranteed officer under the Widows and Orphans Pension Act or the scheme: Provided that in determining the deficit no account shall be taken of any additional pension payable to a widow, child or
beneficiary, as the case may be, by reason of voluntary payments made under the Widows and Orphans Pension Act or the scheme; "emoluments factor" means the aggregate of the pensionable emoluments of an officer during his pensionable service divided by the aggregate of his emoluments accepted as pensionable during his pensionable employment; Provided that, where part only of any service in a civil capacity is taken into account as pensionable service, a proportionate part only of the aggregate emoluments during that service shall be taken into account as pensionable emoluments; "established officer" means any officer other than a probationer; "final pensionable emoluments" means the emoluments accepted by the Government for the purpose of calculating an officer's pension or which would have been accepted by the Government for the purpose of calculating such officer's pension had he retired at the date of his death; "the Government" means the Government of Zambia, or, in respect of any period before the 24th October, 1964, the Government of the former Protectorate of Northern Rhodesia; "guaranteed officer" means an officer or pensioner who was appointed to the service of the Government of the former Federation of Rhodesia and Nyasaland on transfer from the service of the Government or the Government of the former Protectorate of Nyasaland; "officer" means a person who(a) on or after the 1st October, 1963, transferred from the service of the Government of the former Federation of Rhodesia and Nyasaland to the Northern Rhodesia Civil Service (Local Conditions) and in respect of any period after such transfer contributed to the Northern Rhodesia Civil Service (Local Conditions) Pension Fund; and (b) subsequently transferred from the Northern Rhodesia Civil Service (Local Conditions), or the Zambia Civil Service (Local Conditions), as the case may be, to other public service in the former Protectorate of Northern Rhodesia or in Zambia in circumstances in which he qualified on retirement for the award of a pension under Part II of the Third Schedule to the European Officers' Pensions Act; "pension" means an annual pension payable during the lifetime of the recipient unless under this Act it is payable for a shorter period; "pensionable employment" means the period of employment under the Government and any other Governments and administrations under which an officer has served and which may be taken into account in computing his pension; "pensionable service" means service from the date an officer transferred
from the Northern Rhodesia Civil Service (Local Conditions) or the Zambia Civil Service (Local Conditions), as the case may be, until the officer either retired on pension or transferred to other service which falls to be included in his period of pensionable employment; "pensioner" means a former officer who has retired and is in receipt of, or is qualified for the award of, a pension under the European Officers' Pensions Act; "Permanent Secretary" means the Permanent Secretary, Ministry of Finance; "probationer" means an officer who has not been confirmed in his appointment; "the scheme" has the meaning assigned to it by the Widows and Orphans Pension Act. App. 2 (2) For the purpose of this Act a person who, immediately before his transfer to the Northern Rhodesia Civil Service (Local Conditions), was a seconded officer within the meaning of section 20 of the Federation of Rhodesia and Nyasaland (Dissolution) Order in Council, 1963, shall be deemed to have transferred from the service of the Government of the former Federation of Rhodesia and Nyasaland. Payments to the 3. (1) An officer shall pay to the Government two and one-half per centum of the pensionable emoluments payable to him after his transfer Government from the Northern Rhodesia Civil Service (Local Conditions) or the Zambia Civil Service (Local Conditions), as the case may be. (2) The payment of amounts payable by an officer under subsection (1) shall ordinarily be effected by deducting such amounts from any pensionable emoluments payable to the officer. (3) If after an officer's last day of pensionable service under the Government any amount which remains unpaid is not paid within thirty days of the officer being notified of that amount, interest at the rate of five per centum per annum shall be charged thereon until such time as the debt is discharged or the officer dies, whichever occurs sooner. (4) Any amount including interest payable to the Government under this section which remains unpaid shall be deducted in such manner as the appropriate Service Commission shall determine from any pension or other benefit which would otherwise be payable under this Act to the
officer, his estate or dependants. (5) All amounts paid to the Government under this section shall be paid into the general revenues of the Republic. 4. (1) There shall be paid to a probationer who ceases to be employed Refunds of by the Government on pensionable terms before being confirmed in his payments appointment the amount of any payments made by him to the Government under section three. (2) Subject to the provisions of this Act, on the death of a probationer, there shall be paid to the widow or child of such probationer in accordance with the provisions of subsection (3), or if there is no widow or child, to the estate of such probationer, the amount of any payments made by such probationer to the Government under section three. (3) Any amount payable under subsection (2) to a widow or child shall be paid(a) if there is a widow and no child, to the widow;
(b) if there is a widow and one child or more than one child, or no widow but one child or more, to such person or persons and in such proportions as shall from time to time be determined by the appropriate Service Commission. 5. (1) Subject to the provisions of this Act, if an established officer dies Pension for and leaves a widow there shall be paid to the widow a pension equal to widows the emoluments factor multiplied by forty per centum of the total of(a) the product of one seven hundred and twentieth of his final pensionable emoluments multiplied by the number of completed months of pensionable employment; and (b) seventy per centum of the product of one seven hundred and twentieth of his final pensionable emoluments multiplied by the number of complete months from the date of such officer's death to the date of the sixtieth anniversary of his date of birth.
(2) Subject to the provisions of this Act, if a pensioner dies and leaves a widow, there shall be paid to the widow a pension equal to the pension which would have been payable to the widow under subsection (1) had the officer died on his last day of pensionable service. (3) Subject to the provisions of this Act, a pension payable under this section shall be paid from the day following the date of death of the officer or pensioner, as the case may be. (4) Any pension payable under this section shall cease on the date on which the widow remarries. (5) If, in the opinion of the appropriate Service Commission, the widow of an officer or pensioner is cohabiting with any person the appropriate Service Commission may, if it thinks fit, terminate the pension payable to her as from a date determined by the appropriate Service Commission: Provided that, if the appropriate Service Commission is satisfied at a subsequent date that the cohabitation has come to an end and is of the opinion that payment of the pension should be resumed, the pension shall be restored as from a date determined by the appropriate Service Commission. 6. (1) When an officer or a pensioner who was married under a system permitting of polygamy dies, the pension or other benefit payable under section four or five shall be calculated as if there had been only one widow of that officer or pensioner, as the case may be, and shall be divided equally into the same number of parts as the number of widows surviving at the date of the death of the officer or pensioner. Payments of pension or other benefits to widows of a deceased person who was married under a system permitting of polygamy
(2) Each surviving widow of the deceased officer or pensioner, as the case may be, shall be paid one part of the pension or other benefit calculated in accordance with subsection (1).
(3) A pension payable to a widow under this section shall cease on the date on which she remarries or dies or, in the opinion of the appropriate Service Commission, cohabits with any person, and the pension for the remaining widow or widows, if any, shall not be increased, 7. (1) Subject to the provisions of this Act, if an established officer or a Pension for pensioner dies and leaves a widow and children, there shall be paid in children respect of his children, with effect from the day following the date of his death, a pension equal to the following percentages of the widow's pension calculated under the provisions of section five: (a) (b) (c) (d) (e) for one child-twenty-five per centum; for two children-forty per centum; for three children-fifty per centum; for four children-sixty per centum; for five or more children-sixty-six and two-thirds per centum:
Provided that on the death or remarriage of the widow the pension in respect of the children shall be at the rates specified in subsection (2). (2) Subject to the provisions of this Act, if an established officer or pensioner dies and leaves no widow but leaves children, there shall be paid in respect of those children, with effect from the day following the date of his death, a pension equal to the following percentages of the pension that would have been payable to his widow under section five had he left one: (a) (b) (c) (d) for one child-fifty per centum; for two children-eighty per centum; for three children-one hundred per centum; for four children-one hundred and twenty per centum;
(e) for five or more children-one hundred and thirty-three and one-third per centum. (3) If a child dies or ceases to be a child within the meaning of this Act, the pension payable under this section shall cease or, if there are other children, shall be adjusted accordingly. (4) Any pension payable under this section shall be paid to such person or persons as shall from time to time be determined by the appropriate Service Commission and shall, in accordance with its determination, be paid in respect of one child or apportioned between any two or more of the children. (5) If the deceased officer or pensioner leaves a widow who does not maintain or deserts or abandons a child of herself and such officer or pensioner, the Permanent Secretary (Establishments) may, with the concurrence of the appropriate Service Commission, direct that such portion of the widow's pension as he thinks fit shall be paid to such person as he may direct and be applied by such person for the benefit of such child. (6) Notwithstanding any other provision contained in this Act, if a pension is being paid under this Act in respect of a child(a) because of the death of the father of that child, no further pension shall be payable under this Act in respect of that child on the death of the step-father of that child; (b) because of the death of the step-father of that child, no further pension shall be payable under this Act in respect of that child on the death of the father of that child. 8. (1) Subject to the provisions of subsection (2), when an officer or pensioner who was married under a system permitting of polygamy dies, the pension payable under section seven in respect of the children shall be calculated on the pension payable as if there had been only one widow. Payments of pension to children of a deceased person who was married under a system permitting of
polygamy (2) The proviso to subsection (1) of section seven shall only apply from the date on which the last widow's pension ceases in accordance with the provisions of subsection (3) of section six. 9. (1) Subject to the provisions of this Act, if a guaranteed officer dies Rights of and hedependants of guaranteed officers (a) leaves a widow and no child or beneficiary, the following provisions shall apply: (i) there shall be paid to the widow the pension payable to her under section five; (ii) if the pension referred to in sub-paragraph (i) is less than the deficit, there shall be paid to the widow a special pension equal to the difference between that pension and the deficit; (b) leaves a widow and child and, additionally or alternatively, a beneficiary, the following provisions shall apply: (i) there shall be paidA. to the widow, the pension payable to her under section five; B. in respect of the child, if any, the pension payable in respect of him under section seven; (ii) if the aggregate of the pension or pensions, as the case may be, referred to in sub-paragraph (i) is less than the deficit, there shall be paid to the widow a special pension equal to the difference from time to time between the aggregate and the deficit: Provided that, if the pension payable to the widow referred to in sub-paragraph (i) ceases to be payable, the provisions of paragraph (c) shall there-after apply in relation to any child or beneficiary; (c) does not leave a widow but leaves a child and, additionally or alternatively, a beneficiary, the following provisions shall apply: (i) there shall be paid in respect of the child, if any, the appropriate pension payable in respect of him under subsection (2) of section seven; (ii) if the pension referred to in sub-paragraph (i) is less than the
deficit, there shall be paid in respect of the child a special pension equal to the difference from time to time between the pension and the deficit; (iii) if the pension referred to in sub-paragraph (i) ceases to be payable or if no such pension is payable and there is a beneficiary, there shall be paid in respect of that beneficiary a special pension equal to the deficit. (2) Any special pension payable under this section, other than a special pension payable to a widow, shall(a) be paid to such person or persons as shall from time to time be determined by the appropriate Service Commission; and (b) in accordance with the directions of the appropriate Service Commission be paid in respect of one child or beneficiary or apportioned between any two or more children and, additionally or alternatively, beneficiaries. (3) Any special pension payable to a widow under this section shall cease on the date she remarries. (4) A widow to whom a pension was payable under this section whose pension ceased on her remarriage shall(a) if her husband dies in her lifetime and she is not eligible to receive any pension from the Government in respect of her husband's employment in the service of the Government, be paid the pension which was payable to her before her marriage(i) as from the date of the death of her husband; or (ii) as from the date that any pension payable in respect of the children or beneficiaries of her marriage with the guaranteed officer ceases; whichever is the later; or (b) if she becomes entitled, on the death of her husband, to a pension from the Government in respect of her husband's employment in the service of the Government(i) if there are children or beneficiaries of her previous marriage
who are in receipt of a pension under this Act, be paid the pension to which she becomes entitled on the death of her husband until the pension payable in respect of the children or beneficiaries ceases and shall then elect either to continue to be paid such pension or to be paid in lieu the pension which was payable to her before her remarriage; or (ii) if there are no such children or beneficiaries of her previous marriage, elect forthwith either to be paid such pension or to be paid in lieu the pension which was payable to her before her remarriage: Provided that, in the event of a widow electing to be paid the pension which was payable to her before her remarriage in lieu of any pension which may subsequently become due, such subsequent pension shall be paid to the children or beneficiaries, if any, of her remarriage who are living and are eligible for a pension under this Act. (5) Any reference in paragraph (a) or (b) of subsection (4) to the husband of a widow shall be construed as a reference to her husband by any remarriage. (6) If a beneficiary dies or ceases to be a beneficiary within the meaning of this Act, and(a) there are no other beneficiaries, the special pension payable in respect of the beneficiary shall cease; (b) there are other beneficiaries, the special pension or the portion of that pension, if any, payable in respect of that beneficiary shall, subject to the provisions of subsection (2), be payable in respect of the other beneficiaries. 10. (1) An officer shall, unless he has previously done so, within ninety Furnishing of days after he becomes subject to the provisions of this Act, furnish the information Permanent Secretary with proof(a) of the date of his birth; and
(b) if he is a married man, or a widower with children or beneficiaries, of the dates of his marriage, and of the births of his wife, children and beneficiaries (if any).
(2) An officer who marries before his last day of pensionable service under the Government shall, within ninety days after his marriage, furnish the Permanent Secretary with proof of his marriage and of the date of birth of his wife. (3) An officer shall, within ninety days after the event, furnish the Permanent Secretary with proof of(a) (b) (c) the birth of any child born to him; the marriage of any female child or beneficiary; the death of his wife or of any of his children or beneficiaries.
(4) After the death of any married officer, the widow of such officer shall, within ninety days after the event, furnish the Permanent Secretary with proof of(a) (b) (c) (d) (e) the date of the death of the officer; the birth of any posthumous child born to such officer; the marriage of any female child or beneficiary of such officer; the death of any child or beneficiary of such officer; her own remarriage.
(5) An officer or pensioner who contracts or who has contracted a marriage under a system permitting of polygamy shall notify the Permanent Secretary of(a) (b) the name of each wife; the names of the children of each marriage; and
(c) the dissolution of any marriage by death or divorce or the nullification of any marriage.
(6) No pension or other benefit shall be paid under this Act(a) to a widow until proof of marriage to and the date of the death of the husband has been furnished; (b) in respect of a child or beneficiary until proof has been furnished of the eligibility of that child or beneficiary therefor; (c) to a widow or in respect of the children of an officer or pensioner married under a system permitting of polygamy unless their names have been notified in accordance with the provisions of subsection (5). (7) The proof required to be furnished under this section shall be to the satisfaction of the Permanent Secretary: Provided that the payment of a pension or other benefit under this Act shall not be withheld by reason that any proof furnished is not to the satisfaction of the Permanent Secretary unless the appropriate Service Commission concurs in the decision to withhold the payment of the pension or other benefit. 11. (1) If an officer or widow of an officer shall at any time have Forfeiture of wilfully made any false statement respecting any of the particulars pension required by this Act to be furnished, all or any part of the rights under this Act of the officer or widow or child or beneficiary of the officer shall be liable to be forfeited at the discretion of the appropriate Service Commission. (2) If a person becoming entitled to or actually in receipt of a pension under this Act is found guilty by a court of competent jurisdiction(a) of misappropriating public moneys or property of the Government; or (b) of making a false statement for the purpose of obtaining a pension, knowing the statement to be false or not believing it to be true; his right to any pension or his pension, as the case may be, shall, in accordance with the directions of the appropriate Service Commission,
be suspended, reduced or forfeited, as the case may be. 12. A pension or other benefit payable under this Act shall not be assignable or transferable except for the purpose of satisfying(a) a debt due to the Government; or (b) an order of any court for the periodical payment of sums of money towards the maintenance of the wife or former wife or child or beneficiary of the officer to whom the pension or other benefit is payable; and shall not be liable to be attached, sequestered or levied upon for or in respect of any debt or claim whatsoever except a debt due to the Government: Provided that the provisions of the Maintenance Orders Act shall apply in relation to any pension or other benefit payable under this Act. 13. Any pension or other benefit payable under this Act shall be a charge on the general revenues of the Republic. Cap. 56 Pensions or other benefits not to be assignable
Pensions and other benefits charged on general revenues of the Republic
CHAPTER 266 THE EUROPEAN OFFICERS' PENSIONS ACT

Section 1. 2. 3. Short title Interpretation President may make pension regulations
4. Pensions, etc., to be charged on general revenues of the Republic 5. Circumstances in which pension, etc., may be reduced or withheld 6. 7. Service not qualifying for pension Circumstances in which pension, etc., may be granted
8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. duty 20. 21.
Termination of employment in the public interest Removal from office of certain officers Retirement on grounds of age or marriage Maximum pension grantable Suspension of pension on re-employment Gratuity affected by re-employment Pensions, etc., not to be assignable Pensions, etc., to cease on bankruptcy Pensions, etc., to cease on conviction Pensions, etc., to cease on accepting certain appointments Gratuity where an officer dies in the service or after retirement Pensions to dependents when a European officer is killed on Application Other service that may count as pensionable service
22. Savings as to officers selected for appointment before but actually appointed after the commencement of this Act FIRST SCHEDULE-Contributions payable by certain officers in respect of specified periods of service SECOND SCHEDULE-Retirement of certain officers THIRD SCHEDULE-Regulations for the granting of pensions, gratitudes and other allowances to European officers
CHAPTER 266
EUROPEAN OFFICERS' PENSIONS
10 of 1927 26 of 1927 An Act for regulating pensions, gratuities and other allowances to be 25 of 1929 granted in respect of the service of European officers with the 47 of 1929 Governments; and to provide for matters incidental to or connected with 35 of 1931 the foregoing. 38 of 1933 8 of 1936
31 of 1937 [1st April, 1927] 4 of 1939 41 of 1940 36 of 1949 35 of 1954 3 of 1956 8 of 1958 43 of 1958 34 of 1961 27 of 1962 32 of 1963 75 of 1965 *49 of 1967 Government Notices 123 of 1964 497 of 1964 Statutory Instrument 144 of 1965 *This Act is deemed to have come into force on 1st January, 1966. 1. This Act may be cited as the European Officers' Pensions Act. Short title Interpretation Cap. 1 Cap. 134
2. (1) In this Act, unless the context otherwise requires"appropriate Commission" shall have the meaning assigned to that expression in the Constitution; "Civil Service (Local Conditions)" means(a) in respect of any period before the 24th October, 1964, that part of the civil service of the former Protectorate of Northern Rhodesia which served under the terms and conditions of service introduced with effect from the 1st November, 1961, or under such terms and conditions of service as varied from time to time; (b) in respect of any period on or after the 24th October, 1964, that part of the civil service of the Government of Zambia serving under such terms and conditions of service as may be prescribed for civil servants who are citizens of Zambia or under such terms and conditions of service as may be varied from time time;
"East African Dependencies" means Kenya, the Uganda Protectorate, the Zanzibar Protectorate, the Nyasaland Protectorate, the Somaliland Protectorate, the Tanganyika Territory, the former Protectorate of Northern Rhodesia, Zambia, and the East Africa High Commission; *This Act is deemed to have come into force on 1st January, 1966. "East African service" means service in a civil capacity under the administration of one or more of the East African Dependencies or the Tanganyika Republic. Service as a Governor or High Commissioner of a British Dominion, Colony, Protectorate, or Trust Territory, or a territory under British mandate, or as a Governor in India shall be deemed to be "public service" except for the purpose of computation of pension or gratuity and of section eleven; "European officer" means any officer both of whose parents were of European descent, but includes also any other officer appointed under the conditions of service ordinarily applicable to Europeans. In case of any question or dispute arising as to whether an officer is to be regarded as a European officer for the purposes of this Act or of any regulations made hereunder, the decision of the President shall be final; "the Governments" means the Government of Zambia, or, in respect of any period before the 24th October, 1964, the Government of the former Protectorate of Northern Rhodesia; "house allowance" means the estimated value of free quarters as defined by regulations under this Act; "inducement allowance" means the inducement allowance referred to in paragraph (a) of clause 3 of the agreement set out in the Schedule to the Overseas Service Act; "month" means a calendar month; "other public service" means public service not under the Governments and includes service in the Teaching Service and service in the Civil Service (Local Conditions); "pensionable emoluments"(1) in respect of service in Zambia includes(a) (b) salary; inducement allowance:
Provided that any increase in that allowance which becomes payable after the 31st December, 1965, subject to conditions as to the application of such increase in assessing pensions, shall not be included in pensionable emoluments save in accordance with those conditions;
(c)
personal allowance;
(d) in the case of officers who retired from public service prior to the 1st January, 1946, and in the case of officers retiring subsequently to that date who have not become subject to the revised terms and conditions of service which became effective on the said 1st January, 1946, house allowance; (e) for the purpose of calculating the aggregate pensionable emoluments of officers retiring from public service subsequently to the 1st January, 1946, who(i) have become subject to the revised terms and conditions of service which became effective as from the 1st January, 1946; and (ii) have pensionable service under any scheduled Government; house allowance in respect of service prior to the said 1st January, 1946; but does not include duty allowance, entertainment allowance or any other emoluments whatever; (2) in respect of other public service, means emoluments which count for pension in accordance with the law or regulations in force in such service; "pensionable office" means(a) in respect of service in Zambia, any office held by a European officer, unless the officer is appointed thereto subject to the express condition that the office shall be non-pensionable; (b) in respect of other public service, an office which is a pensionable office under the law or regulations in force in such service; "personal allowance" means a special addition to the salary granted personally to the holder for the time being of the office, but does not include such an addition if it is granted subject to the condition that it shall not be pensionable; "Police Force" means(a) in respect of any period before the 24th October, 1964, the Northern Rhodesia Police Force; (b) in respect of any period on or after the 24th October, 1964, the Zambia Police Force; "public service" means service in a civil capacity with the Governments or service in the Teaching Service or service in a civil capacity in the Government of any part of her Britannic Majesty's dominions or of any
British Protectorate administered by the Government of any part of Her Britannic Majesty's dominions, or of the New Hebrides or the Anglo-Egyptian Sudan, or the Tanganyika Republic, or service which is pensionable under the Teachers' (Superannuation) Act, 1925, of the United Kingdom, or any Act amending or replacing the same, or under the Colonial Superannuation Scheme, or in a Colonial University College, or pensionable employment under a local authority in the United Kingdom, or in such other service as may have been determined by one of her Britannic Majesty's Principal Secretaries of State to be "public service" or as may hereafter be determined by the President to be "public service" for the purpose of any provision of this Act, and except for the purposes of computation of pension or gratuity and of section eleven, includes service as a Governor-General, Governor or High Commissioner in any part of Her Britannic Majesty's dominions, any British Protected State or Protectorate, any Mandated or Trust Territory administered by the Government of any part of Her Britannic Majesty's dominion, or the Anglo-Egyptian Sudan; "salary" means the salary attached to an office; "service in Zambia", "service of Zambia" includes any service for which a pension or gratuity might have been granted under the Northern Rhodesia Police Act, Chapter 44 of the 1964 Edition of the Laws, or under the Zambia Police Act, or under the Northern Rhodesia Civil Service Proclamation, 1920, as subsequently amended and rules made thereunder, but for the purposes of this Act does not include service in the Civil Service (Local Conditions): Provided that notwithstanding anything to the contrary contained in the Civil Service Rules of Northern Rhodesia, 1921, the age from which pensionable service may be reckoned shall be twenty years; "Teaching Service" means the Teaching Service described in the Teaching Service Regulations; "Trust Territory" means a Territory administered by Her Britannic Majesty's Government in the United Kingdom under a Trusteeship Agreement with the United Nations Organisation; "year" means a calendar year. (2) Notwithstanding that Palestine ceased to be a Territory under British mandate on the 15th May, 1948, any European officer who held office in the service of the Government of Palestine immediately before such date shall, for the purposes of this Act or of any regulations made thereunder, be deemed to continue in his office until either he is appointed to the public service elsewhere, or if not so appointed he retires or is removed from office.
(3) An officer shall be deemed to have become subject to the revised terms and conditions of service which became effective as from the 1st January, 1946(a) if being in the service of the former Protectorate of Northern Rhodesia at any time during the period beginning on the 1st January, 1946, and ending on the 29th June, 1948, he has notified the Accountant-General on or before such date as may have been notified by the Governor of the said former Protectorate in the Gazette, or within such further period as the Governor may have directed, or the President may hereafter direct, that he wished to become subject to such revised terms and conditions of service; or (b) if he is appointed or reappointed to any office in the service of Zambia on or after the 30th June, 1948; or (c) if he transferred from one office to another office in the service of Zambia on or after the 30th June, 1948; or (d) if being in the service of the former Protectorate of Northern Rhodesia immediately before the 30th June, 1948, he is subsequently transferred to the service of one of the other East African Dependencies or the Tanganyika Republic; or (e) if he has died after the 1st January, 1946, and not later than such date as may have been notified or directed under paragraph (a) without notifying the Accountant-General as provided in paragraph (a), and it would have been to his financial advantage to be subject to such revised terms and conditions of service. (No. 36 of 1949 as amended by No. 34 of 1961, No. 27 of 1962, No. 32 of 1963, G.N. No. 123 of 1964, S.I. No. 144 of 1965, No. 75 of 1965 and No. 49 of 1967) 3. (1) It shall be lawful for the President from time to time, by statutory President may instrument, to make, and when made, to vary and revoke regulations for make pension the granting of pensions, gratuities, and other allowances to European regulations officers who have been in the service of Zambia. Any pension or gratuity granted under this Act shall be computed in accordance with the provisions in force at the actual date of the officer's retirement. Such regulations when made shall be laid before the National Assembly:
Provided that, until varied or revoked by any such regulations, the regulations contained in the Third Schedule shall be in force. (2) The said regulations, and any regulations varying or revoking the same as aforesaid, shall have the same force and effect for all purposes as if they were contained in this Act, and the term "this Act" shall in the following sections be read and construed accordingly. (3) Whenever the President is satisfied that it is equitable that any regulation made under this section should have retrospective effect in order to confer a benefit upon, or remove a disability attaching to, any person, that regulation may be given retrospective effect for that purpose. (As amended by No. 36 of 1949, G.N. No. 123 of 1964, S.I. No. 144 of 1965 and No. 75 of 1965) 4. There shall be charged on and paid out of the general revenues of the Republic all such sums of money as may from time to time be granted by way of pension, gratuity or other allowance in accordance with this Act. (As amended by G.N. No. 123 of 1964 and S.I. No. 144 of 1965) 5. Where it is established to the satisfaction of the President that a European officer has been guilty of negligence, irregularity or misconduct, the pension, gratuity or other allowance may, provided the appropriate Commission concurs, be reduced or altogether withheld. (G.N. No. 123 of 1964 as amended by S.I. No. 144 of 1965) 6. No pension, gratuity or other allowance shall be granted to any European officer in respect of any servicePensions etc., to be charged on general revenues of the Republic
Circumstances in which pension, etc., may be reduced or withheld
Service not qualifying for (a) while on probation or agreement, unless without break of service pension he is confirmed in a pensionable office with the Governments or in an office in other public service which is at the time of confirmation pensionable under the pension regulations applicable to such service; or (b) while under the age of twenty years. (As amended by S.I. No. 144 of 1965)
7. (1) Subject to the provisions of this Act, no pension, gratuity or other Circumstances allowance shall be granted to any European officer except on his in which retirement from the public service in one of the following cases: pension, etc., may be granted (a) (b) (i) or (ii) on the grounds of age; under the provisions ofthe Zambia (Compensation and Retiring Benefits) Order, 1964; the Non-Designated Expatriate Officers (Retiring Benefits) Act; Cap. 280
(c) in the case of transfer to other public service, in circumstances in which he is permitted by the law or regulations of the service in which he is last employed to retire on pension or gratuity; (d) under the provisions of section 16 of the Zambia Independence Order, 1964; (e) on the abolition of his office;
(f) on compulsory retirement for the purpose of facilitating improvement in the organisation of the part of the service of Zambia to which he belongs, by which greater efficiency or economy can be effected; (g) on medical evidence to the satisfaction of the appropriate Commission that he is incapable by reason of some infirmity of mind or body of discharging the duties of his office and that such infirmity is likely to be permanent; (h) in the case of termination of employment in the public interest as provided in this Act; (i) on retirement in circumstances, not mentioned in the preceding paragraphs, rendering him eligible for a pension under the Governor's Pensions Act, 1957, of the United Kingdom or any Act amending or replacing that Act:
Provided that a gratuity may be granted to a female officer, in accordance with the provisions of this Act, who retires for the reason that she is about to marry or on marriage, notwithstanding that she is not otherwise eligible under this section for the grant of any pension, gratuity or other allowance. (2) Nothing in this section shall affect any pension, gratuity or other allowance granted under this Act before the *commencement of the Non-Designated Expatriate Officers (Retiring Benefits) Act. * 7th January, 1966. (No. 36of 1949 as amended by No. 3 of 1956, No. 43 of 1958 No. 34 of 1961, G.N. No. 123 of 1964, S.I. No. 144 of 1965 and No. 75 of 1965) 8. Where an officer's service is terminated on the ground that, having regard to the conditions of the public service, the usefulness of the officer thereto, and all the other circumstances of the case, such termination is desirable in the public interest, and a pension, gratuity or other allowance cannot otherwise be granted to him under the provisions of this Act, the appropriate Commission may, if it thinks fit, grant to such officer such pension, gratuity or other allowance as it thinks just and proper, not exceeding in amount that for which the officer would be eligible if, on the date of such termination as aforesaid, he had retired from the public service under the provisions of paragraph (g) of subsection (1) of section seven. (No. 3 of 1956 as amended by G.N. No. 123 of 1964 and S.I. No. 144 of 1965) *7th January, 1966. 9. (1) This section applies to an officer whoRemoval from office of certain officers Termination of employment in the public interest Cap. 280
(a) on or after the 1st October, 1963, transferred from the service of the Government of the former Federation of Rhodesia and Nyasaland to the Civil Service (Local Conditions) and in respect of any period after such transfer contributed to the Civil Service (Local Conditions) Pension Fund; and
(b) subsequently transferred from the Civil Service (Local Conditions) to service in Zambia in circumstances in which he qualified on retirement for a pension under this Act; but does not apply to any such officer who subsequently transferred to the Defence Force or to other public service. (2) Where an officer to whom this section applies is removed from App.1 office in the service of Zambia in circumstances in which he is not otherwise eligible for the grant of a pension, gratuity or other allowance under this Act, he shall be granted a pension equal to the earned pension, if any, to which he would have been entitled under the Federation of Rhodesia and Nyasaland (Dissolution) Order in Council, 1963, if, on the date of the termination of his service under the Government of the former Federation of Rhodesia and Nyasaland, he had been such a person as is referred to in paragraph 4 (1) (a) of Schedule II to that Order. (3) The provisions of section five shall not apply in relation to a pension under this section. (4) For the purposes of this section(a) a person who, immediately prior to his transfer to the Civil App.1 Service (Local Conditions), was a seconded officer within the meaning of section 20 of the Federation of Rhodesia and Nyasaland (Dissolution) Order in Council, 1963, shall be deemed to have transferred from the service of the Government of the former Federation of Rhodesia and Nyasaland; and (b) any period in respect of which such person was a seconded officer as aforesaid shall be deemed to have been a period of service under the Government of the former Federation of Rhodesia and Nyasaland. (No. 75 of 1965) 10. (1) A European officer shall be entitled to retire from the service of Retirement on Zambia on or after attaining the age of fifty-five years or, with the grounds of age approval of the appropriate authority, fifty years. or marriage
(2) The appropriate authority may require a European officer to retire from the service of Zambia at any time after the officer attains the age of fifty years; and any officer who is so required to retire shall retire accordingly. (3) The provisions of subsection (2) shall not apply in relation to the holder of an office to which article 96 of the Constitution applies. (4) For the purposes of this section, "the appropriate authority"(a) in relation to an officer who is a police officer below the rank of Assistant Superintendent, means the Commissioner of Police; (b) in relation to an officer who is a member of the Zambia Prison Service below the rank of Superintendent, means the Commissioner of Prisons; (c) in relation to any other officer, means the appropriate Commission. (No. 75 of 1965) 11. (1) A pension granted to a European officer under this Act shall not Maximum exceed two-thirds of the highest pensionable emoluments drawn by him pension at any time in the course of his service in Zambia. grantable (2) Where the European officer has been or is granted a pension or pensions in respect of other public service, he may be granted the full pension for which he is eligible in respect of his service in Zambia, but no person may at any time draw from the funds of the Republic an amount of pension which, when added to the amount of any pension or pensions drawn in respect of other public service, exceeds two-thirds of the highest pensionable emoluments drawn by such person at any time in the course of his service in Zambia or in other public service: Provided that where such a person receives in respect of some period of public service both a gratuity and a pension, the amount of such pension shall be deemed, for the purposes of this subsection, to be-
(i) in cases where the laws of the territory in which such public service was performed provide for the payment of an unreduced pension, the amount of pension which would have been awarded had no gratuity been granted; (ii) in cases where the laws of the territory in which such public service was performed do not provide for the payment of an unreduced pension, four-thirds of the actual amount of the pension. (3) In a case falling under the limitation laid down by subsection (2), the amount of the pension to be drawn from the funds of the Republic shall be subject to the approval of the President, in order that it may be determined with due regard to the amount of any pension or pensions similarly to be drawn in respect of other public service. (4) For the purpose of the preceding subsections, an additional pension granted in respect of injury shall not be taken into account; but where the officer is granted such an additional pension, the amount of such additional pension which he may draw shall not exceed one-sixth of his highest pensionable emoluments at any time in the course of his public service by more than the sum by which the amount of his pension or pensions, apart from such additional pension, falls short of two-thirds of such highest emoluments. (5) Notwithstanding anything to the contrary contained in this Act, in the case of any European officer who(a) was appointed to the service of one of the East African Dependencies in a pensionable office prior to the 1st April, 1927; and (b) was in the service of the former Protectorate of Northern Rhodesia on the 1st April, 1933, without any break in service, and without having been transferred outside the East African Dependencies, and thereafter remained in the service of the said former Protectorate of Northern Rhodesia until the 1st January, 1946; and (c) has become subject to the revised terms and conditions of service which became effective as from the said 1st January, 1946; and (d) retires from the service of Zambia without having been transferred therefrom to other public service subsequently to the said 1st
January, 1946; and (e) at the date of retirement was serving in an appointment the initial salary of which was K2,700 per annum or more, or in an appointment the fixed salary of which was K2,700 per annum or more; the expression "pensionable emoluments drawn" shall, for the purposes of subsections (1), (2) and (4), be construed as including the figure resulting from the reduction by ten per centum (subject to a maximum reduction of three hundred kwacha) of the salary attaching to the office held by such officer on his retirement, and the addition to that reduced figure of fifteen per centum of that reduced figure. (As amended by No. 36 of 1949, G.N. No. 123 of 1964 and S.I. No. 144 of 1965) 12. If an officer to whom a pension has been granted under this Act is Suspension of pension on appointed to another office in the public service, the payment of his pension may with his consent, if the President thinks fit, be suspended re-employment during the period of his re-employment. (No. 36 of 1949 as amended by G.N. No. 123 of 1964 and S.I. No. 144 of 1965) 13. If any European officer to whom a gratuity without pension has Gratuity been granted under this Act is reappointed to any office in the service of affected by re-employment Zambia or in other public service, his previous service may, with the approval of the appropriate Commission, be taken into account for the purposes of pension, if he refunds the gratuity on such reappointment. (As amended by No. 38 of 1933, G.N. No. 123 of 1964 and S.I. No. 144 of 1965) 14. A pension, gratuity or other allowance granted under this Act shall Pensions, etc., not be assignable or transferable except for the purpose of satisfyingnot to be assignable (a) a debt due to the Government; or (b) an order of any court for the periodical payment of sums of money towards the maintenance of the wife or former wife or minor child of the officer to whom the pension, gratuity or other allowance has been granted; and shall not be liable to be attached, sequested or levied upon for or in respect of any debt or claim whatever except a debt due to the Government.
(No. 36 of 1949) 15. If any European officer to whom a pension or other allowance has Pensions, etc., been granted under this Act is adjudicated a bankrupt or is declared to cease on insolvent by judgment of the court, then such pension or allowance shall bankruptcy forthwith cease: Provided always that in any case where a pension or allowance ceases by reason of the bankruptcy or insolvency of the pensioner, it shall be lawful for the appropriate Commission from time to time during the remainder of such pensioner's life, or during such shorter period or periods, either continuous or discontinuous, as it shall think fit, to cause all or any part of the moneys to which such pensioner would have been entitled by way of pension or allowance, had he not become a bankrupt or insolvent, to be paid to, or applied for the maintenance and personal support or benefit of all or any, to the exclusion of the other or others, of the following persons, namely, such pensioner and any wife, child or children of his, in such proportions and manner as the appropriate Commission thinks proper, and such moneys shall be paid or applied accordingly. (As amended by G.N. No. 123 of 1964 and S.I. No. 144 of 1965) 16. If any European officer to whom a pension or other allowance has Pensions, etc., been granted under this Act is sentenced to a term of imprisonment by to cease on any competent court whether within or without Zambia for any crime or conviction offence then, in every such case, it shall be lawful for the appropriate Commission to direct that such pension or allowance shall forthwith cease: Provided that(i) the pension or allowance shall be restored with retrospective effect in the case of a person who after conviction at any time receives a free pardon; (ii) where a pension or allowance ceases for the reason aforesaid, it shall be lawful for the appropriate Commission to cause all or any part of the moneys to which the pensioner would have been entitled by way of pension or allowance to be paid to or applied for the benefit of any wife, child or children of the pensioner, or, after the expiration of his sentence, also for the benefit of the pensioner himself, in the same manner precisely and subject to the same qualifications and restrictions as in the case of bankruptcy hereinbefore provided.
(As amended by G.N. No. 123 of 1964 and S.I. No. 144 of 1965) 17. If any European officer to whom a pension or other allowance has been granted under this Act becomes either a director of any company, the principal part of whose business is in any way directly concerned with Zambia, or an officer or servant employed in Zambia by any such company, without in every such case the permission of the President in writing first had and obtained, then in every such case it shall be lawful for the appropriate Commission to direct that such pension or allowance shall forthwith cease: Provided always that it shall be lawful for the appropriate Commission, on being satisfied that the person in respect of whose pension or allowance any such direction shall have been given has ceased to be a director of such company or to be employed as an officer or servant of such company in Zambia, as the case may be, to give directions for the restoration of such pension or allowance, with retrospective effect, if it shall see fit, to such a date as it shall specify. (As amended by G.N. No. 123 of 1964 and S.I. No. 144 of 1965) 18. (1) (a) Where an officer holding a pensionable office who is not on probation or agreement, or an officer holding a non-pensionable office to which he has been transferred from a pensionable office in which he has been confirmed, dies while in the service of Zambia, the President shall, unless the appropriate Commission concurs otherwise, grant to his legal personal representative a gratuity of an amount not exceeding either his annual pensionable emoluments, or his commuted pension gratuity, if any, whichever is the greater. (b) For the purposes of this subsection, "commuted pension gratuity" means the gratuity, if any, which might have been granted to the officer under regulation 16 of the Third Schedule if his public service had been wholly in the former Protectorate of Northern Rhodesia or in the Republic of Zambia or partly in the service of the one and partly in the service of the other and if he had retired at the date of his death in the circumstances described in paragraph (g) of subsection (1) of section seven and had elected to receive a maximum gratuity and a correspondingly reduced pension. Gratuity where an officer dies in the service or after retirement Pensions, etc., to cease on accepting certain appointments
(2) Where any such officer to whom a pension, gratuity or other allowance has been granted under this Act dies after his retirement from the service of Zambia, and the sums paid or payable to him at his death on account of any pension, gratuity or other allowance in respect of any public service are less than the amount of the annual pensionable emoluments enjoyed by him at the date of his retirement, the President shall, unless the appropriate Commission concurs otherwise, grant to his legal personal representative a gratuity equal to the deficiency. (3) The provisions of this section shall not apply in the case of the death of any officer where benefits corresponding to the benefits which may be granted under this section are payable under the Colonial Superannuation Scheme in respect of such death. (No. 35 of 1954 as amended by G.N. No. 123 of 1964 and S.I. No. 144 of 1965) 19. (1) Where a European officer dies as a result of injuries receivedPensions to dependants when a European officer is killed on duty
(a) (b)
in the actual discharge of his duty; and without his own default; and
(c) on account of circumstances specifically attributable to the nature of his duty; while in the service of the Governments, the President shall, unless the appropriate Commission concurs otherwise, grant, in addition to the grant, if any, made to his legal personal representative under section eighteen(i) if the deceased officer leaves a widow, a pension to her, while unmarried and of good character, at a rate not exceeding ten-sixtieths of his annual pensionable emoluments at the date of the injury or thirty kwacha a year, whichever is the greater; (ii) if the deceased officer leaves a widow to whom a pension is
granted under paragraph (i) and a child or children, a pension in respect of each child, until such child attains the age of twenty-one years, of an amount not exceeding one-eighth of the pension prescribed under paragraph (i); (iii) if the deceased officer leaves a child or children, but does not leave a widow or no pension is granted to the widow, a pension in respect of each child, until such child attains the age of twenty-one years, of double the amount prescribed by paragraph (ii); (iv) if the deceased officer leaves a child or children and a widow to whom a pension is granted under paragraph (i), and the widow subsequently dies, a pension in respect of each child as from the date of the death of the widow until such child attains the age of twenty-one years, of double the amount prescribed in paragraph (ii); (v) if the deceased officer does not leave a widow, or if no pension is granted to his widow, and if his mother was wholly or mainly dependent on him for her support, a pension to the mother, while of good character and without adequate means of support, of an amount not exceeding the pension which might have been granted to his widow: Provided thatA. a pension shall not be payable under this subsection at any time in respect of more than six children; and B. in the case of a pension granted under paragraph (v), if the mother is a widow at the time of the grant of the pension and subsequently remarries, such pension shall cease as from the date of remarriage; and if it appears to the appropriate Commission at any time that the mother is adequately provided with other means of support, such pension shall cease as from such date as the appropriate Commission may determine; C. a pension granted to a female child under this section shall cease upon the marriage of such child under the age of twenty-one years. (2) In the case of a European officer not holding a pensionable office, the expression "pensionable emoluments" in subsection (1) shall mean the emoluments enjoyed by him which would have been pensionable emoluments if the office held by him had been a pensionable office.
(3) If a European officer proceeding by a route approved by the President to or from Zambia at the commencement or termination of his service therein, or of a period of leave therefrom, dies as the result of damage to the vessel or vehicle in which he is travelling, or of any act of violence directed against such vessel or vehicle, and the President is satisfied that such damage or act is attributable to circumstances arising out of war in which the Republic may be engaged, such officer shall be deemed, for the purposes of this section, to have died in the circumstances described in subsection (1). (4) For the purposes of this section, "child" shall include(a) a posthumous child;
(b) a step-child or illegitimate child born before the date of the injury and wholly or mainly dependent upon the deceased officer for support; and (c) an adopted child, adopted in a manner recognised by law, before the date of the injury, and dependent as aforesaid. (5) This section shall not apply in the case of the death of any officer(a) if his dependants as defined in the Workers Compensation Act or Cap. 271 any Act amending or replacing that Act are entitled to compensation under that Act; (b) where benefits correponding to the benefits granted under this section are payable under the Oversea Superannuation Scheme in respect of such death. (No. 41 of 1940 as amened by No. 36 of 1949, No. 3 of 1956, G.N. No. 123 of 1964 and S.I. No. 144 of 1965) 20. The provisions of this Act shall apply to all European officers serving in Zambia at or after the commencement of this Act, and to all those who, having served in the former Protectorate of Northern Rhodesia, have before the commencement of this Act been transferred to other public service and are still in other public service at the commencement of this Act. Application
(As amended by S.I. No. 144 of 1965) 21. (1) Subject as hereinafter provided, the service prior to the commencement of this Act of the officers named in the first column of the First Schedule in respect of the periods specified opposite their respective names in the second column of the said Schedule shall, upon payment by them respectively of the amounts specified in the third column of the said Schedule, be deemed to be service in respect of which a pension may be granted under and in accordance with the provisions of this Act. Other service that may count as pensionable service
(2) Notice of intention to pay the amount due shall be given by such Notice to be given officers to the Chief Secretary on or before the 30th September, 1929, and any officer failing to give such notice shall thereby forfeit any right to pay the amount prescribed and to count as pensionable service the period so specified. (3) Payment of the amount due may be made by instalments, subject to Contributions a minimum monthly amount approved by the Accountant-General, and payable by instalments such instalments shall be deducted from the monthly salary of the officer concerned and paid into the public revenue. (4) If by the 30th September, 1930, the total amount due from any Limit of time officer has not then been received, he shall not thereafter be permitted to within which to make any further payment in respect thereof, and in such case the period make payment of service to be counted as pensionable service shall be in proportion to the amount received: Provided that no fraction of a month shall be taken into account as pensionable service. (5) The President may add to or vary the said Schedule in any particular Power to add to respect. or vary Schedule (As amended by No. 31 of 1937, G.N. No. 123 of 1964 and S.I. No. 144 of 1965) 22. (1) Notwithstanding anything to the contrary contained in this Act, Savings as to the officers whose names are specified in the Second Schedule shall, officers selected upon completion of twenty years' East African service, be eligible to for appointment
retire and be liable to compulsory retirement in accordance with the provisions of this Act.
before but actually appointed after the commencement of this Act
(2) The President may add to the Second Schedule the name of any Power to add to officer transferred to the service of the former Protectorate of Northern Second Rhodesia from any East African Dependency whose name is included in Schedule a Schedule to an enactment of such East African Dependency, having the like effect as this section. (No. 35 of 1931 as amended by G.N. No. 123 of 1964 and S.I. No. 144 of 1965) FIRST SCHEDULE
(Section 21) Contributions Payable by Certain Officers in Respect of Specified Periods of Service Amount of Contribution due Name Period of Service Acheson, Dr. J. A. . . Adair, Miss S. .. Adams, Miss E. N. . . Allez, W. . . .. Barker, M. .. Barratt, R. M. .. Bowden, C. J. .. Bradfield, Miss E. L. Bradley, K. G. .. Brigham, H. L. .. Browne, A. E. .. Buck, Miss A. B. A. . . Burnside, R. E. W. . . Chadwick, Mrs. J. E. Clark, J. B. .. Colton, W.D. .. Cookson, Miss M. A. B. Courtney, A. V. .. Cowell, Miss M. H. .. Dickinson, R. S. W. . . Dobson, A. H. .. Dowling, Miss C. M. Eastland, Miss H. B. G. Forbes, F. G. .. Ford, W. E. .. Fowlds, J. S. .. Gardiner, O. A. .. Gascoigne, W. C. B. Gittens, Miss A. H. . . Glennie, A. F. B. .. Goddard, J. R. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. Months 42 45 30 23 8 30 26 58 15 29 10 2 4 21 3 19 8 20 11 103 66 21 9 34 2 5 28 14 Days 25 18 16 17 26 19 22 15 11 9 24 11 2 15 27 19 18 18 16 22 10 5 25 5 101 17 25 41 4 37 35 24 19 1 34 3 3 3 41 0 2 23 7 30 16 111 28 1 23 14 40 2 1 37 18 s. 4 15 19 2 2 11 17 16 5 7 14 11 11 18 10 1 11 16 7 2 4 14 10 2 6 17 9 10 18 16 10 1
Gowdin-Austen, R. A. Goodyear, Miss M. A. A. G. Gourley, R. .. Greenfield, C. .. Grimes. A. .. Hamilton, A. D. .. Hamilton, G. D. .. Hanna, Miss S. K. . . Hart, R. J. .. Hatchwell, R. F. L. . . Hirst, Miss I. H. .. Hughes, Miss G. E. . . Hughes, H. T. .. Jenkinson, T. R. .. Jennings, P. H. .. Jones, F. E. .. Jones, R. T. .. Jupp, Mrs. E. .. Kaibel, Miss G. E. . . Keir, Mrs. M. .. Kerby, Dr. T. R. F. . . Kitchener, Mrs. F. H. Leith, J. L. .. Leversedge, L. F. . . Lewis, Mrs. M. C. . . Lord, J. N. .. Macrae, F. B. .. Mansfield, H. .. McEwen, T. .. McGregor, Mrs. F. . . McGregor, Dr. J. A. . . McPhee, E. .. Melbourne, B. .. Moore, T. C. .. Murphy, J. .. Nisbet, J. H. .. Noad, G. E. .. Oldfield, A. E. .. Owen-Smith, G. .. Payne, R. H. .. Pendry, E. W. .. Porter, G. . . .. Powell, Dr. G. M. C. Price, F. G. .. Pullon, B. . . .. Raubenheimer, S. W. Reynolds, A. C. .. Robinson, L. T. .. Robinson, Dr. P. B. . . Roden, Miss M. .. Ruddle, Miss M. .. Russell, J. N. .. Ryan, H. K. .. Sanderson, Dr. N. D. Smith, G. E. F. .. Stagg Macey, B. W. Stevens, G. R. R. . . Stubbs, W. F. .. Taljaard, J. G. .. Thomson, J. B. .. Turner, S. F. .. Twycross, Miss R. . . Walker, W. H. J. .. Walton, W. G. .. Waterall, L. S. .. Whitehead, Miss A. I. Winchester, L. M. . .
.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ..
.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ..
.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ..
57 34 56 76 36 6 118 19 7 24 66 5 1 1 10 79 39 18 5 1 8 8 4 8 25 23 3 33 11 19 25 42 9 114 4 20 20 4 23 2 82 31 63 72 50 14 8 63 14 23 21 2 5 8 28 8 26 15 19 18 98 1 49 2 2
5 28 6 24 12 23 26 11 18 26 29 14 9 21 12 4 10 22 28 25 27 28 29 8 17 13 21 10 2 8 2 26 19 23 16 3 28 29 12 10 4 22 5 23 30 13 22 6 19 25 5 27 15 5 27 16 7 5
64 13 73 105 42 10 176 7 8 22 73 5 2 0 2 21 118 38 9 5 4 13 10 6 15 0 33 28 10 31 26 26 29 63 11 56 6 34 24 5 45 2 203 36 107 95 62 22 20 27 6 31 43 6 7 12 37 11 19 19 30 9 163 0 65 1 4
12 1 14 8 18 10 5 0 3 11 19 1 3 5 16 16 10 13 6 6 9 12 7 4 15 6 19 4 0 6 8 11 14 3 9 12 0 18 4 14 2 15 2 10 16 15 13 4 8 6 16 2 10 2 7 8 16 4 18 5 7 1 6 18 4 18 4
1 1
1 1
10 6 1 11 7 3 4 9 10 11 10 4 8 0 2 1 0 8 7 6 5 11 6 1 11 4 7 11 0 4 7 8 8 6 2 2
SECOND SCHEDULE
(Section 22) Retirement of Certain Officers Fox-Pitt, T. S. L. Mason, R. J. Moffat, J. S. Onions, G. R. Wallace, J. H. (No. 35 of 1931 as amended by G.N. No. 3 of 1946)
THIRD SCHEDULE (Section 3) REGULATIONS FOR THE GRANTING OF PENSIONS, GRATUITIES AND OTHER ALLOWANCES TO EUROPEAN OFFICERS
PART I GENERAL
1. (1) Subject to the provisions of the European Officers' Pensions Act, hereinafter called the Act, and of these Regulations, every European officer holding a pensionable office in Zambia, who has been in the service of the Governments in a civil capacity for ten years or upwards, may be granted a pension at the rate of one four hundred and eightieth*** of his pensionable emoluments for each complete month of pensionable service, subject to the limit described in section eleven of the Act: * For officers who are entitled only to one six hundredth, see Part III. Provided that where a European officer to whom the one four hundred and eightieth pension rate applies has becomes subject to the revised terms and conditions of service which became effective as from the 1st January, 1946, the one six hundredth pension rate shall apply to such officer as regards the period or periods of such officer's service subsequent to the 31st December, 1945, and not otherwise, and the pension of such officer in respect of service with the Governments shall be computed in two parts according to whether the one four hundred and eightieth or the one six hundredth rate of pension applies. (2) Where for the purposes of the proviso to sub-regulation (1), an officer's pension is computed in two parts and in each part there occurs a period of service not amounting to a complete month, if the two said periods of service amount in the aggregate to not less than thirty days, one month's service shall be added to the part in which the greater period of Pensions to whom and at what rates to be granted
service occurs, and where the periods of service are equal, to the part to which the one four hundred and eightieth pension rate applies. (As amended by G.N. No. 158 of 1950 and S.I. No. 144 of 1965) 2. Every European officer, otherwise qualified for a pension, who has not completed the minimum period of service qualifying for a pension, may be granted on retirement a gratuity not exceeding five times the annual amount of the pension which if there had been no qualifying period might have been granted to him under regulation 1. Gratuities where length of service does not qualify for pension
3. Where a female officer, who has been in public service under the Governments for Marriage gratuities not less than five years and has been confirmed in a pensionable office, retires or is required to retire from that service for the reason that she is about to marry or has married, and she is not eligible for the grant of any pension or otherwise eligible for gratuity under this Part, she may be granted, on production within six months after her retirement, or such longer period as the appropriate Commission may in any particular case allow, of satisfactory evidence of her marriage, a gratuity of an amount not exceeding(d) one year's pensionable emoluments; or (b) five times the annual amount of the pension which might have been granted to her under regulation 1 had there been no qualifying period and had that regulation been applicable to her, whichever amount shall be the less. (G.N. No. 198 of 1963 as amended by S.I. No. 144 of 1965) 4. Subject to the provisions of section six of the Act and of these Regulations, service qualifying for pension or gratuity, as the case may be, shall be the inclusive period between the date on which a European officer begins to draw salary or half salary from the funds of the Governments and the date of his leaving the service of Zambia, without deduction of any period during which he has been absent on leave. (As amended by S.I. No. 144 of 1965) Period of service in Zambia qualifying for pension or gratuity defined
5. (1) Service in respect of which pension or gratuity may be granted must be unbroken Service except in cases where the service has been interrupted by abolition of officer or other to be temporary suspension of employment not arising from misconduct or voluntary unbroken resignation. (2) Notwithstanding the provisions of sub-regulation (1), an officer(a) whose pension has been suspended under section twelve of the Act or under a corresponding provision in any law or regulation relating to the grant of pensions in
respect of public service; or (b who has retired from the public service without pension on account of ill health, abolition of office, or reorganisation designed to effect greater efficiency and economy, and has subsequently been re-employed in the public service, or * For officers who are entitled only to one six hundredth, see Part III. (c) who has left service pensionable under the Teachers (Superannuation) Act, 1925, of the United Kingdom, with a view to entering public service not being service pensionable under the said Act, and has, not later than three months after leaving such first mentioned service, received any salary in respect of employment in public service not so pensionable; or (d) who resigned from the public service in order to enter the United Kingdom Military, Naval or Air Forces during the period of a war in which Her Britannic Majesty was engaged, and has subsequently been re-employed in the public service; shall, unless the appropriate Commission concurs otherwise, be granted the pension or gratuity for which he would have been eligible if any break in his public service immediately prior to such suspension, re-employment or employment had not occurred, such pension to be in lieu of(i) any pension previously granted to him from the funds of the Governments; and (ii) any gratuity so granted which is required to be refunded as a condition of the application to the officer of this regulation; but additional to any gratuity so granted which is not required to be refunded as aforesaid: Provided that, in calculating a pension granted in pursuance of this regulation, no account shall be taken for any purposes of the period during which he was not in public service. (As amended by G.N. Nos. 213 of 1939, 158 of 1950 and 123 of 1964 and S.I. No. 144 of 1965) 6. For the purpose of computing the amount of a European officer's pension or gratuity, the following periods shall be taken into account as pensionable service: (a) any periods during which he has been on duty; (b) any period during which he received half salary from the funds of the Governments while proceeding to the former Protectorate of Northern Rhodesia or Zambia, as the case may be, on first appointment; (c) any periods during which he has been absent from duty on leave with full or half salary; (d) any periods during which he has been absent from duty on leave without salary, granted on grounds of public policy, and during which he has not qualified for pension or gratuity in respect of other public service; and any periods during which he has been absent on leave, other than those specified above, Computation of pensions and gratuities
Leave of absence
shall be deducted from the European officer's total service in order to arrive at his period of pensionable service. (As amended by G.N. No. 123 of 1964 and S.I. No. 144 of 1965) 7. (1) If a European officer resigned his office in the former Protectorate of Northern Rhodesia during the period from the 4th August, 1914, to the 11th November, 1918, in order to join the United Kingdom Military, Naval or Air Forces, and he joined those forces within three months of such resignation, or if such an officer was dismissed from the service of the former Protectorate of Northern Rhodesia on account of having joined those forces, and if the officer has within six months of his demobilisation from those forces been reappointed to the service of the former Protectorate of Northern Rhodesia or appointed to other public service, it shall be lawful, notwithstanding the provisions of regulation 5, to take into account in computing the pension or gratuity of such European officer his service in the former Protectorate of Northern Rhodesia prior to such resignation or dismissal, and further to count as service in the office from which he resigned or was dismissed the period from the date of his resignation or dismissal to that of his demobilisation. (2) In this regulation, "resign" and "resignation" shall include a refusal to enter into a fresh engagement of service. (G.N. No. 192 of 1933 as amended by G.N. No. 123 of 1964 and S.I. No. 144 of 1965) 8. For the purpose of computing the amount of the pension or gratuity of a European officer who, during some period of his service in a pensionable office in the former Protectorate of Northern Rhodesia, has been on the active list of the United Kingdom Military, Naval or Air Forces, the whole or any part of such period during which no pension contributions have been paid by the Government of the former Protectorate of Northern Rhodesia, or, if paid, have been refunded, may be taken into account. Computation of pensions and gratuities: service on the active list of the United Kingdom Military, Naval or Air Forces (As amended by S.I. No. 144 of 1965) Composition of pensions and gratuities: service on the active list of the United Kingdom Military, Naval or Air Forces Officers who resigned in order to serve in the armed forces in the 1914-1918 war and have been re-appointed
Emoluments *9. (1) For the purpose of computing the amount of the pension or gratuity of a to be taken European officer who has had a period of not less than three years' pensionable service for before his retirementcomputing pension or * These sub-regulations are deemed to have had effect from 1st July, 1955. (See G.N. gratuity No. 215 of 1957.) (a) in the case of an officer who has held the same office for a period of three years
immediately preceding the date of his retirement, the full annual pensionable emoluments enjoyed by him at that date in respect of that office shall be taken: (b) in the case of an officer who at any time during such period of three years has been transferred from one office to another, but whose pensionable emoluments have not been changed by reason of such transfer or transfers otherwise than by the grant of any scale increment, the full annual pensionable emoluments enjoyed by him at the date of his retirement in respect of the office then held by him shall be taken; (c) in other cases, one-third of the aggregate pensionable emoluments enjoyed by the officer in respect of his service during the three years of his service immediately preceding the date of his retirement shall be taken: Provided that(i) if such one-third is less than the highest annual pensionable emoluments enjoyed by him immediately prior to the date of any transfer within such period of three years, those annual pensionable emoluments shall be taken; and (ii) if such one-third is less than the annual pensionable emoluments which would have been enjoyed by him at the date of his retirement, if he had continued to hold any office from which he has been transferred at any time during such period of three years, and had received all scale increments which, in the opinion of the appropriate Commission, would have been granted to him, the annual pensionable emoluments which would have been so enjoyed shall be taken. *(2) For the purpose of determining under sub-regulation (1) the pensionable emoluments that a European officer has enjoyed or would have enjoyed, as the case may be, he shall be deemed* These sub-regulations are deemed to have had effect from 1st July, 1955. (See G.N. No. 215 of 1957.) (a) to have been on duty on full pensionable emoluments throughout the period of three years immediately preceding the date of his retirement; and (b) for the purpose of paragraph (c) thereof, to have enjoyed the benefit of any increase due to a revision of salaries in the pensionable emoluments of any office held by him as if such increase had been payable throughout such period as he has held such office during such period of three years. *(3) For the purpose of computing the amount of the pension or gratuity of a European officer who has had a period of less than three years' pensionable service before his retirement* These sub-regulations are deemed to have had effect from 1st July, 1955. (See G.N. No. 215 of 1957.) (a) the average annual pensionable emoluments enjoyed by him during such period shall be taken;
(b) he shall be deemed to have been on duty on full pensionable emoluments throughout such period; and (c) he shall be deemed to have enjoyed the benefit of any increase due to a revision of salaries in the pensionable emoluments of any office held by him as if such increase had been payable throughout such period. (4) The estimated value of free quarters shall be taken as 15 per centum of the initial salary of the officer's appointment, or of the actual salary if such salary is non-incremental: Provided that(i) in the case of officers in the service of Zambia on the one four hundred and eightieth pension constant terms of service, the salary immediately before the point in any scale of salary at which an efficiency bar occurs shall for the purposes of this proviso be regarded as the initial salary of the appointment in the case of any officer who has passed the efficiency bar; (ii) in the case of officers in the service of Zambia on the one six hundredth pension constant terms of service, the salary immediately after the point in any scale of salary at which an efficiency bar occurs shall for the purposes of this proviso be regarded as the initial salary of the appointment in the case of any officer who has passed the efficiency bar; * These sub-regulations are deemed to have had effect from 1st July, 1955. (See G.N. No. 215 of 1957.) These sub-regulations are deemed to have had effect from 1st July, 1955. (See G.N. No. 215 of 1957.) (iii) the estimated value of free quarters shall not be reckoned as less than K100 per annum nor in the case of officers appointed to the service of the former Protectorate of Northern Rhodesia after the commencement of the Act as more than K300 per annum. (5) Notwithstanding anything to the contrary contained in sub-regulation (1), for the purpose of computing, in respect of service prior to the 1st January, 1946, the amount of pension to be paid to a European officer to whom the one four hundred and eightieth pension rate applies who(a) was appointed to the service of one of the East African Dependencies in a pensionable office prior to the 1st April, 1927; and (b was in the service of the former Protectorate of Northern Rhodesia on the 1st April, 1933, without any break in service and without having been transferred outside the East African Dependencies, and thereafter remained in the service of the former Protectorate of Northern Rhodesia until the 1st January, 1946; and (c) has become subject to the revised terms and conditions of service which became effective as from the said 1st January, 1946; and (d) retires from the service of Zambia without having been transferred therefrom to other public service subsequent to the said 1st January, 1946; and (e) at the date of retirement was serving in an appointment the initial salary of which
was K2,700 per annum or more, or in an appointment the fixed salary of which was K2,700 per annum or more; the figure to be taken shall be that which results from the reduction by ten per centum (subject to a maximum reduction of K300) of the amount as prescribed under sub-regulation (1) and the addition to that reduced figure of fifteen per centum of that reduced figure. (As amended by G.N. Nos. 20 of 1948, 158 of, 215 of 1957, 198 of 1963 and 123 of S.I. No. 144 of 1965) 10. Only service in a pensionable office shall be taken into account as pensionable service: Provided that(i) in the case of a European officer who having been employed on contract is without break in service appointed to and confirmed in a pensionable office, the whole of the period of service on contract, or any part thereof which is immediately followed by service in a pensionable office, may be taken into account as pensionable service. For the purpose of this regulation, "contract" means a contract under which an officer is eligible to receive a gratuity in lieu of other superannuation benefits; and (ii) in every othercase where a period of service in a civil capacity otherwise than in a pensionable office is immediately followed by service in a pensionable office and the officer is confirmed therein, the appropriate Commission may direct that the whole or any part of such period shall be so taken into account; and (iii) any break in service which may be disregarded under the provisions of sub-regulation (2) of regulation 5 may likewise be disregarded in determining for the purposes of this proviso whether a period of service is unbroken or whether one period of service immediately follows another period of service. (G.N. No. 158 of 1950 as amended by G.N. Nos. 193 of 1957 and 123 of 1964 and S.I. No. 144 of 1965) 11. Where a European officer has performed acting service in a pensionable office with Acting service the Governments, the period of such service may be taken into account as pensionable service: Provided that(i) the period of such acting service was not part of the pensionable service of the previous holder of the office and does not fall to be reckoned as part of the European officer's own pensionable service in other public service; (ii) this period of service is immediately preceded or followed by service in a substantive capacity in a pensionable office with the Governments. (As amended by S.I. No. 144 of 1965) 12. If a European officer holding a pensionable office retires from the public service Abolition or in consequence of the abolition of his office or for the purpose of facilitating reorganisation Non-pensionable service followed by pensionable service
improvements in the organisation of the part of the service of Zambia to which he belongs, by which greater efficiency or economy may be effected(a) he may, if he has been in the public service for less than ten years, be granted in lieu of any gratuity under regulation 2 or 23, a pension under regulations 1, 19, 20 or 21, as the case may be, as if the words "for ten years or upwards" were omitted from regulation 1; (b) he may, if he retires from the service of Zambia, be granted an additional pension at the annual rate of one-sixtieth of his pensionable emoluments for each complete period of three years' pensionable service: Provided that(i) the addition shall not exceed ten-sixtieths; and *(ii) the addition together with the remainder of the officer's pension shall not exceed the pension for which he would have been eligible if he had continued until the age of fifty-five years to hold the office held by him at the date of his retirement, having received all increments for which he would have been eligible by that date; and * This proviso is deemed to have had effect from 23rd October, 1953. (See G.N. No. 288 of 1958.) (iii) this regulation shall not apply in the case of an officer who is retired from the service of Zambia under the provisions of section ten of the Act. (G.N. No. 158 of 1950 as amended by G.N. Nos. 288 of 1958 and 269 of 1961 and S.I. No. 144 of 1965)
of office
European (a) in the actual discharge of his duty; and officers retiring (b) without his own default; and on (c) by some injury specifically attributable to the nature of his duty; account of and his retirement is thereby necessitated or materially accelerated, he may, if he is qualified for a pension under regulation 1, be granted, in addition to the pension granted to injuries him under that regulation, an additional pension at the rate of the proportion of his actual pensionable emoluments at the date of his injury appropriate to his case as shown in the following table: When his capacity to contribute to his own support isslightly impaired impaired .. materially impaired totally destroyed Provided that(i) where the injury is not the sole cause of retirement and the retirement is caused .. .. .. .. .. .. .. .. . . five-sixtieths; ten-sixtieths; . . fifteen-sixtieths; . . twenty-sixtieths:
13. (1) Where a European officer has been permanently injured-
partly by age or infirmity not due to the injury, the amount of the additional pension shall be reduced to such an extent as the appropriate Commission thinks reasonable; (ii) the total amount of the additional pension shall not exceed the amount prescribed in section eleven (4) of the Act. (2) A European officer so injured, whose length of service is not such as to qualify him for a pension under regulation 1 but who is qualified for a gratuity under regulation 2, may nevertheless be granted in lieu of such gratuity a pension at the rate of one four hundred and eightieth *part of his pensionable emoluments for each complete month of pensionable service together with such additional pension as might be awarded to him under sub-regulation (1) if he were qualified for pension. * For cases in which this shall be read as one six hundredth, see Part III. (3) A European officer so injured who is not qualified for either a pension under regulation 1 or a gratuity under regulation 2 may nevertheless be granted a pension of the same amount as the additional pension which he might have been granted if he had been so qualified. The provisions of regulation 16 shall not apply to a pension granted under this sub-regulation. (4) If a European officer proceeding by a route approved by the President to or from Zambia at the commencement or termination of his service therein, or of a period of leave therefrom, is permanently injured as the result of damage to the vessel or vehicle in which he is travelling, or of any act of violence directed against such vessel or vehicle, and the President is satisfied that such damage or act is attributable to circumstances arising out of war in which the Republic may be engaged, such officer shall be deemed, for the purposes of this regulation, to have been injured in the circumstances described in sub-regulation (1). * This proviso is deemed to have had effect from 23rd October, 1953. (See G.N. No. 288 of 1958.) For cases in which this shall be read as one six hundredth, see Part III. (5) For the purposes of this regulation, a European officer who is permanently injured as a result of injuries received while travelling by air in pursuance of official instructions shall be deemed to have been permanently injured(a) (b) in the actual discharge of his duty; and on account of circumstances specifically attributable to the nature of his duty. Pensions to injured European officers where service less than 10 years
(6) Notwithstanding anything to the contrary contained in the preceding provisions of this regulation, no additional pension under sub-regulation (1) or (2) and no pension under sub-regulation (3) may be paid to any European officer selected for appointment to the service of Zambia on or after the *commencement of the Workmen's Compensation Act, Chapter 188 of the 1961 Edition of the Laws, who, in consequence of his injury, is entitled to or has been paid compensation under the said Act or any Act amending or replacing the same.
* 1st March. 1945. (As amended by G.N. Nos. 2 of 1941, 158 of 1950 and 123 of 1964 and S.I. Nos. 144 of 1965 and 248 of 1966) 14. If any European officer to whom a pension has been granted under the Act is appointed to another office in the service of Zambia, and subsequently retires in circumstances in which he may be granted a pension, he may be granted, in lieu of his previous pension, a pension computed as if the periods of his service had been continuous, and such pension may be based on his pensionable emoluments on his previous or final retirement from the service of Zambia, whichever may be the greater: Provided that, if on his previous retirement he was paid a gratuity and reduced pension, the gratuity to be paid to him on final retirement shall be reduced by the amount of the gratuity already paid. (As amended by S.I. No.144 of 1965) 15. (1) In special cases a European officer holding a non-pensionable office may- Gratuities to (a) if he has served the Governments for not less than seven years and is removed European officers who in consequence of the abolition of his office, or for the purpose of facilitating have served in a improvements in the organisation of the part of the service of Zambia to which he non-pensionable belongs, by which greater efficiency and economy can be effected; or office (b) if he has served for not less than fifteen years and he retires in any of the cases set out in section seven of the Act; be granted a compassionate gratuity not exceeding two kwacha or one month's pay, whichever is the greater, for each year of his service. (2) Where a European officer has been transferred from a pensionable to a non-pensionable office and subsequently retires either from a pensionable or a non-pensionable office in circumstances in which he might have been granted a pension if he had continuously held a pensionable office, he shall, unless the appropriate Commission concurs otherwise, be allowed to count his service in the non-pensionable office as though it were service in the pensionable office which he held immediately prior to such transfer, and at the pensionable emoluments which were payable to him at the date of transfer. (As amended by G.N. Nos. 158 of 1950 and 123 of 1964 and S.I. No. 144 of 1965) *16. (1) A European officer to whom a pension is granted under the Act may, at his option exercisable as hereinafter provided, be paid, in lieu of such pension, a pension at the rate of three-fourths, or any greater fraction, of such pension, together with a gratuity equal to twelve and one-half times the amount by which such pension is reduced in the case of any such officer who retires on or after the 4th January, 1955, and equal to ten times such amount in any other case: * This regulation is deemed to have had effect from 1st October, 1951. Gratuity and reduced pension Computation of pensions: re-employed pensioners
(See G.N. No. 324 of 1957.) Provided that, in the application of this regulation to cases where the limitation prescribed by section eleven (2) of the Act operates, the words "such pension" shall mean the amount of pension which the officer might have drawn from the funds of the Governments if he had not exercised his option under this regulation. (2) An option exercisable in accordance with this regulation(a) shall be exercised or revoked by notice in writing addressed either to the Permanent Secretary (Establishments) or to the Crown Agents for Oversea Government and Administrations; (b) shall be deemed to have been exercised or revoked on the date on which such notice is received; and (c) subject to sub-regulation (3), shall be exercisable, and if exercised may be revoked, on or before the date of the officer's retirement or, with the permission of the President, at any time between that date and the date of the final award of the pension granted to him under the Act. * 1st March. 1945. This regulation is deemed to have had effect from 1st October, 1951. (3) If, after the date of the final award of a pension under the Act, the amount of such pension is increased by revised terms and conditions of service applied to the officer concerned with retrospective effect, such officer may, within such period as the President may, by statutory notice, direct, and subject to such conditions, if any, as the President may approve(a) exercise an option if he has not done so; or (b) revoke an option that he has exercised and exercise a fresh option. (4) If a European officer who has not exercised an option in accordance with this regulation dies after he has finally retired but before a pension has been granted to him under the Act, there shall, unless the appropriate Commission concurs otherwise, be granted to the legal personal representatives of such officer a gratuity and reduced pension as if the officer had exercised an option before his death. (G.N. No. 324 of 1957 as amended by Act No. 8 of 1958, G.N. No. 123 of 1964 and S.I. No. 144 of 1965)
PART II SPECIAL REGULATIONS FOR EUROPEAN OFFICERS WITH OTHER PUBLIC SERVICE
17. (1) For the purposes of these Regulations, unless the context otherwise requires"Scheduled Government" means any Government or Administration included in the Schedule and includes also the Government of Ceylon, in respect of any officer appointed to the service of that Government prior to the 4th February, 1948, and the Government of Palestine, in respect of any officer appointed to the service of that Government prior to the 15th May, 1948, and Employing Authorities under the Colonial Superannuation Scheme; "service in the group" means service under the Governments and under a Scheduled Government or Governments. (2) For the purposes of these Regulations, service in the Civil Service (Local Conditions) and the Teaching Service shall be deemed to be service under a Scheduled Government. (3) For the purposes of these Regulations, service as a seconded officer within the meaning of section 20 of the Federation of Rhodesia and Nyasaland (Dissolution) Order in Council, 1963, shall be deemed to be service under the Government of the former Federation of Rhodesia and Nyasaland. (As amended by G.N. Nos. 158 of 1950, 7 of 1952, 269 of 1961 and 198 of 1963 and S.I. Nos. 144 of 1965 and 248 of 1966) *18. Subject to the succeeding regulations, the provisions of sub-regulation (4) of regulation 9, of paragraph (a) of regulation 12, of sub-regulation (2) of regulation 13, and the provisions of regulations 14, 15 and 16 shall apply to the case of a European officer who has been transferred to or from the service of the Governments from or to other public service; and the provisions of regulations 4, 5, 6, 8, 10 and 11 and sub-regulations (1), (2) and (3) of regulation 9 shall apply to the case of a European officer so transferred as if his whole service had been in the service of the Governments: * This regulation is deemed to have had effect from 1st July, 1955. (See G.N. No. 215 of 1957.) Provided that-
Interpretation App.1
Application of regulations in Part I
(i) in the application of regulation 16 to cases falling under the limitation of section eleven (2) of the Act, the words "such pension" in that regulation shall mean the amount of pension which he might have drawn from the funds of the Governments if he had not elected for a gratuity and reduced pension; (ii) the provisions of sub-regulation (4) of regulation 9, which limit the value of free quarters to K300 per annum, shall not apply in the case of officers who(a) were in East African Service prior to the 1st April, 1927; and (b) after the 31st March, 1927, and before the 1st April, 1933, have been transferred without break from or to East African Service. (G.N. No. 215 of 1957 as amended by S.I. No. 144 of 1965)
*This regulation is deemed to have had effect from 1st July, 1955. (See G.N. No. 215 of 1957.) 19. (1) Where the other public service of an officer has been wholly under one or more of the Scheduled Governments, and his aggregate service would have qualified him, had it been wholly in the service of the Governments, for a pension under the Act, he may, on his retirement from the public service in circumstances in which he is permitted by the law or regulations of the service in which he is last employed to retire on pension or gratuity, be granted a pension from Zambia of such an amount as shall bear the same proportion to the amount of pension for which he would have been eligible had his service been wholly in the service of the Governments as the aggregate amounts of his pensionable emoluments during his service in Zambia shall bear to the aggregate amount of his pensionable emoluments throughout his service in the group. (2) In determining for the purposes of this regulation the pension for which an officer would have been eligible if his service had been wholly in the service of the Governments(a) the final pensionable emoluments taken shall be those of his last period of service in the group; (b) no regard shall be had to regulation 13; (c) regard shall be had to the condition that pension may not exceed two-thirds of the highest pensionable emoluments; (d) no period of other public service under any Scheduled Government in respect of which no pension or gratuity is granted to the officer shall be taken into account. (3) For the purposes of this regulation, the aggregate amount of his pensionable emoluments shall be taken as the total amount of salary which the officer would have drawn and the total amount of the other pensionable emoluments which he would have enjoyed had he been on duty on full pay in his substantive office or offices throughout his period of service in the group subsequent to the attainment of the age of twenty years: Provided that(i) in calculating the aggregate amount of his pensionable emoluments, no account shall be taken of any service under any Scheduled Government in respect of which no pension or gratuity is granted to the officer; (ii) where an officer entered the public service prior to the 1st January, 1930, his pension in respect of his service with the Governments may be calculated as though any Scheduled Government under which he has served had not been included in the Schedule if this should be to his advantage; (iii) any service in a non-pensionable office which is allowed to be counted for pension under regulation 10 shall be regarded as service in a pensionable office for the purposes of this regulation. (G.N. No. 48 of 1934 as amended by G.N. Nos. 193 of 1957 and 198 of 1963 and S.I. Nos. 144 of 1965 and 248 and 439 of 1966) Pension for service wholly within the group
20. Where the other public service of a European officer has not included service under any of the Scheduled Governments, and his aggregate service would have qualified him, had it been wholly in the service of the Governments, for a pension under these Regulations, he may, on his ultimate retirement from the public service in circumstances in which he is permitted by the law or regulations of the service in which he is last employed to retire on a pension or gratuity, be granted in respect of his service in Zambia a pension at the rate of one four hundred and eightieth* part of the amount of his pensionable emoluments at the date of his transfer or retirement, as the case may be, from the service of Zambia for each calendar month of his pensionable service in Zambia. * For cases in which this shall be read as one six hundredth, see Part III. (As amended by G.N. Nos. 95 of 1933, 57 of 1936, 190 of 1948 and 193 of 1957 and S.I. No. 144 of 1965) 21. Where a part only of the other public service of a European officer has been under one or more of the Scheduled Governments, the provisions of regulation 19 shall apply; but in calculating the amount of pension, regard shall be had only to service in the group.
Pension where other service not within the group
Additional pension to European officers retiring on account of injury Pension when other service both within and not within the group
22. Where a European officer who has been transferred from other public service, and whose aggregate service would have qualified him, had it been wholly in the service of the Governments, for a pension under these Regulations, is compulsorily retired from the public service in the circumstances mentioned in regulation 13, he may, if at the time he is in the service of Zambia, be granted from the funds of the Republic the additional pension allowed by that regulation, in addition to the pension granted under regulation 19, 20 or 21, as the case may be. (As amended by G.N. No. 95 of 1933 and S.I. No. 144 of 1965)
*For cases in which this shall be read as one six hundredth, see Part III. 23. (1) Where a European officer has been transferred to or from the service of Zambia from or to other public service, retires from the public service in circumstances in which he is permitted by the law or regulations of the service in which he is last employed to retire on pension or gratuity, but has not completed in the aggregate the minimum period of ten years' service qualifying him for a pension, he may be granted from the funds of the Republic a gratuity not exceeding five times the annual amount of the pension which, if there had been no qualifying period, might have been granted to him under regulation 19, 20 or 21, as the case may be. Gratuities where length of service does not qualify for pension
(2) Where such a European officer is compulsorily retired from the public service in the Injury circumstances mentioned in regulation 13, he may, if at the time he is in the service of Zambia, be treated as if he had no other public service, but he shall not be granted, in addition, the gratuity for which he is eligible under sub-regulation (1). (As amended by G.N. No. 95 of 1933 and S.I. No. 144 of 1965) 24. Where a female officer to whom this Part applies resigns or is required to retire from the public service for the reason that she is about to marry or has married, and in consequence(a) would have been eligible for a gratuity under regulation 3 if her public service had been wholly under the Governments; and (b) f she, at the date of her retirement in other public service, is eligible for a gratuity under provisions corresponding to such regulation in the law or regulations of the public service in which she is last employed; she may, if she is not eligible for the grant of any pension or otherwise eligible for gratuity under this Part, be granted in respect of her public service under the Governments a gratuity of an amount not exceeding five times the annual amount of the pension for which she would have been eligible under regulation 19, 20 or 21 had there been no qualifying period and had regulation 19, 20 or 21, as the case may be, been applicable to her: Provided that(i) for the purpose of computing the amount of such a gratuity(a) in relation to a pension under regulation 19 or 21, regulation 19 (2) (c) shall have effect as if the reference therein to two-thirds of her highest pensionable emoluments were a reference to one-fifth of her annual pensionable emoluments; and (b) in relation to a pension under regulation 19, 20 or 21, the annual amount of that pension shall not exceed one-fifth of her annual pensionable emoluments; (ii) for the purpose of computing such an officer's total public service under this regulation, no regard shall be had to any service under a Scheduled Government in respect of which no gratuity is granted to her in consequence of her retirement. (G.N. No. 198 of 1963 as amended by S.I. Nos. 144 of 1965 and 439 of 1966) 25. Where a European officer who is transferred to other public service is not granted a pension or gratuity in respect of his employment in the service in which he is last employed, solely by reason of the fact that he has not completed twelve months' service therein, he shall not, on that account, be disqualified from receiving a pension or gratuity from the funds of the Republic, if otherwise eligible therefor. (As amended by S.I. No. 144 of 1965) European officers transferred to other public service and retiring after less than 12 months' employment in last Marriage gratuities
service
PART III APPLICATION OF NEW PENSION CONSTANT TO CERTAIN EUROPEAN OFFICERS

26. For the purpose of determining any pension or gratuity to be granted in respect of service with the Governments to any officer to whom this Part applies, regulations 1, 13 and 20 shall have effect as if the expression "one six hundredth" were substituted for the expression "one four hundred and eightieth". (G.N. No. 192 of 1933 as amended by S.I. No. 144 of 1965) New pension constant applied in the case of certain officers Persons to whom this Part shall apply
27. (1) Subject to sub-regulations (2), (3) and (5), this Part shall apply to every European officer appointed to the service of the Governments on or after the 1st January, 1934, and to any officer so appointed before that date on conditions which provided that any pension granted to him in respect of service in the former Protectorate of Northern Rhodesia would be at the rate of one six hundredth of his pensionable emoluments for each complete month of pensionable service. (2) Subject to the provisions of sub-regulation (3), this Part shall not apply to(a) any officer who prior to the 1st January, 1934, was offered and accepted appointment to the service of the former Protectorate of Northern Rhodesia on conditions which provided that any pension granted to him in respect of service in the former Protectorate of Northern Rhodesia would be at the rate of one four hundred and eightieth of his pensionable emoluments for each complete month of pensionable service; (b) any officer who is transferred to the service of the Governments from another East African Dependency under the law or regulations of which he is eligible to receive on his retirement a pension at the rate of one four hundred and eightieth of his pensionable emoluments for each complete month of pensionable service. (3) Where an officer to whom, but for this sub-regulation, this regulation would not apply, is, on or after the 1st January, 1934, reappointed to the service of the Governments after continuous employment in other public service, not being entirely East African service, this Part shall apply to him as regards the period or periods of his service subsequent to that reappointment and not otherwise, and the pension of such officer in respect of service with the Governments shall be computed in two parts according to whether it is or is not service to which this Part applies, and in either computation the other
period of service with the Governments shall be treated, for the purposes of Part II, as though it had been service under another Scheduled Government. (4) For the purposes of this regulation, an officer appointed to the service of the former Protectorate of Northern Rhodesia before the 1st January, 1934, on conditions which made no provision regarding rate of pension shall be deemed to have been appointed(a) if he had prior to that date been appointed to a pensionable office in the former Protectorate of Northern Rhodesia, on the conditions mentioned in sub-regulation (2) (a); and (b) if he had not been so appointed, on the conditions mentioned in sub-regulation (1). (5) Where an officer is transferred to the service of the Governments from another East African Dependency under the law of regulations of which he is eligible to receive on his retirement a pension at the rate of one four hundred and eightieth of his pensionable emoluments for each complete month of pensionable service prior to the 1st January, 1946, this Part shall apply to such officer as regards the period or periods of his service subsequent to the 1st January, 1946, and not otherwise; and the pension of such officer shall be computed in two parts according to whether it is or is not service to which this Part applies. The provisions of sub-regulation (2) of regulation 1 shall apply mutatis mutandis to the computation of such officer's pension. (As amended by G.N. Nos. 48 of 1934, 102 of 1935 and 298 of 1951 and S.I. No. 144 of 1965)
SCHEDULE
(Regulation 17) SCHEDULED GOVERNMENTS Aden Antigua Bahamas Barbados Basutoland Bechuanaland Protectorate Bermuda British Antarctic Territory British Guiana British Honduras Cyprus Dominica East Africa High Commission East Africa Railways and Harbours Administration Eastern Region of Nigeria Malawi Malayan Union Malaysia Malta Mauritius Mid West Nigeria Monsterrat Nigeria North Borneo Northern Region of Nigeria Nyasaland Protectorate Republic of Botswana Sabah St. Christopher Nevis and Anguilla St. Helena Sarawak
Falkland Islands Seychelles Federal Republic of Nigeria Sierra Leone Federated Malay States Singapore Federation of Malaya Somaliland Protectorate Federation of Nigeria Southern Rhodesia Federation of Rhodesia and NyasaStraits Settlements land Swaziland Fiji Tanganyika Republic Gambia Tanganyika Territory Ghana Tanganyika Broadcasting CorporaGibraltar tion Ghana Trinidad Great Britain (including the Colonial Turks and Caicos Islands Audit Department (Home EstabUganda lishment) and the Crown Agents) United Republic of Tanzania and Northern Ireland Virgin Islands Guyana Western Pacific Hong Kong Western Region of Nigeria Jamaica Windward Islands (Grenada, St. Kenya Lucia and St. Vincent) Kenya and Uganda Railway Zanzibar Protectorate Kingdom of Lesotho Leeward Islands (before 1st July, 1956) (G.N. No. 57 of 1936 as amended by G.N. Nos. 243 of 1943, 190 of 1948, 158 of 1950, 171 of 1952, 171 of 1955, 317 of 1956, 192 of 1957 and 215 of 1958 and S.I. Nos. 248 and 439 of 1966)
EUROPEAN OFFICERS' PENSIONS SECTION 2-PENSIONABLE OFFICES Declarations by the President
CAP. 266 Government Notices 48 of 1964 472 of 1964 Statutory Instrument 40 of 1965
Each of the offices set out in the Schedule is hereby declared to be pensionable with retrospective effect to the date of the establishment of such office.
The list of pensionable offices set out in Government Notice No. 13 of 1961 is hereby revoked: Provided that this revocation shall not prejudice the rights of present holders and past holders of offices which no longer appear in the Schedule.
SCHEDULE
Ministry/Department Title of Office All Ministries Administrative Officer, Special Grade I Administrative Officer, Special Grade II Administrative Officer, Special Grade III Administrative Officer, Special Grade IV Administrative Officer, Special Grade V Administrative Officer, Grade I Administrative Officer, Grade II Administrative Officer, Grade III Administrative Officer, Grade IV Chief Technical Officer Clerical Assistant Clerical Officer Executive Assistant Executive Officer, Grade I Executive Officer, Grade II Permanent Secretary Professional Officer, Special Grade I Professional Officer, Special Grade II Professional Officer, Special Grade III Professional Officer, Grade I Professional Officer, Grade II Professional Officer, Grade III Professional Officer, Grade IV Senior Clerical Officer, Grade I Senior Clerical Officer, Grade II Senior Executive Officer, Grade I Senior Executive Officer, Grade II Senior Technical Officer Senior Works Supervisor, Grade I Senior Works Supervisor, Grade II Superscale Administrator, Grade A Superscale Administrator, Grade B Superscale Administrator, Grade C
Superscale Administrator, Grade D Technical Assistant Technical Officer, Grade I Technical Officer, Grade II Technical Officer, Grade III Works Supervisor, Grade I Works Supervisor, Grade II Works Supervisor, Grade III Judicial Puisne Judge Master Interpreter Ministry of Justice Attorney-General Chief Justice
Justice of Appeal Deputy Governor
Deputy Governor's Office
Office of the Prime Minister Secretary to the Cabinet Establishment .. Chief Establishment Officer Inspector of Office Services Training .. .. Master Police Force .. .. Commissioner of Police Deputy Commissioner of Police Senior Assistant Commissioner of Police Assistant Commissioner of Police Senior Superintendent of Police Superintendent of Police Quartermaster Assistant Superintendent of Police Assistant Quartermaster Chief Inspector of Police Senior Inspector of Police Inspector of Police Assistant Inspector of Police, Grade I Master/Senior Master Senior Armourer Desk Officer Master Printing and Stationery .. Assistant Government Printer Stores .. . . Controller Land Tenure Officer Rural Development .. Commissioner for Community Development Local Government and Fire Prevention Officer Housing. . . . . Territorial Fire Adviser Government Printer
Education . . . . Principal Headmaster Headmistress Senior Master Senior Mistress Senior Lecturer Senior Technical Master Senior Technical Mistress Master Mistress Lecturer Technical Master Technical Mistress Lands .. . . Commissioner of Lands Deputy Commissioner of Lands Principal Lands Officer Surveys .. . . Surveyor-General Deputy Surveyor-General Veterinary and Tsetse Control .. . . Director of Veterinary Services Deputy Director of Veterinary Services Pneumoconiosis Medical and Director, Pneumoconiosis Medical and Research Bureau Research Bureau Medical Officer Pathologist Government Flight .. Chief Pilot
CHAPTER 267 THE PUBLIC OFFICERS (CHANGE OF TITLES) ACT

Section 1. 2. 3. Short title Substitution of new titles of public officers Provision for future change of titles
SCHEDULE-Titles of public officers
CHAPTER 267
PUBLIC OFFICERS (CHANGE OF TITLES)
20 of 1929 36 of 1933 An Act to provide for the change of title of certain public officers. Government Notices [5th April, 1929] 234 of 1964 497 of 1964 1. This Act may be cited as the Public Officers (Change of Titles) Act. Short title 2. Wherever any title amongst those of the public officers set out in the Substitution of first column of the Schedule appears in any written law, order or notice new titles of now in force, it shall be deemed to be replaced by the corresponding title public officers or titles set out in the second column of the Schedule. (As amended by No. 36 of 1933) Provision for 3. Whenever any change of title of any public officer occurs at any future time, the President, if occasion requires, may, by statutory notice, future change of make any necessary substitution in or addition to the Schedule, and the titles provisions of section two shall apply accordingly in conformity with every such substitution or addition. (As amended by G.N. No. 234 of 1964)
SCHEDULE
(Section 2) TITLES OF PUBLIC OFFICERS First Column (Incorporated in the Laws of Zambia) CHAPTER 268 THE EMPLOYMENT ACT Second Column
PART I PRELIMINARY Section 1. 2. 3. Short title Application and power of exemption Interpretation
PART II APPOINTMENTS, OFFICERS 4. 5. 6. 7. 8. 9. POWERS AND DUTIES OF
Appointment of officers Delegation by Labour Commissioner Powers of labour officers Duties of public officers Offence to delay or obstruct officers Saving of other laws
10. Labour officers to be provided with and to produce certificates of appointment 11. Power to require returns
PART III CONTRACTS OF SERVICE GENERALLY 12. 13. 14. 15. 15A. Minimum contractual age Repatriation Employer to provide transport on repatriation Holidays with pay Maternity leave
15B. Prohibition of termination of employment for reasons connected with pregnancy 15C. Repealed by Act No. 15 of 1997
PART IV ORAL CONTRACTS OF SERVICE Section 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 26A. 26B. 27. Application of Part IV Contracts not required to be in writing Presumptions as to periods of oral contracts Presumptions as to new contract Termination by notice Termination by payment Repealed by Act No. 15 of 1997 Repealed by Act No. 15 of 1997 Record of oral contracts Summary dismissal Right to wages on dismissal for lawful cause Termination on grounds related to conduct or performance Termination by redundancy Offence
PART V WRITTEN CONTRACTS OF SERVICE 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. Contracts required to be in writing Attestation Contents of written contracts Family of employee not bound by contract Duty of proper officer Repealed by Act No. 15 of 1997 Medical examination Transfer of contract Termination of contract Security in contracts of foreign service
38.
Foreign contracts of service and contracts made abroad
39. Inducing persons to proceed abroad without a contract of foreign service 40. Continued employment under oral contract
PART VI HOUSING AND WELFARE 41. 42. 43. Housing of employees Water for use of employees Medical attention
PART VII PROTECTION OF WAGES Section 44. 45. 46. 46A. 47. 48. 49. 50. 51. 52. 53. 54. 55. Wages to be paid to employee in currency of Republic Authorised deductions Repealed by Act No. 15 of 1997 Repealed by Act No. 15 of 1997 Unauthorised deductions Wages, when due and payable Disposal of wages Record of wage payments to be kept by employer Explanation of wages and conditions of employment Provisions to be displayed Wages not to accrue during imprisonment Wages while incapacitated Offences
PART VIII EMPLOYMENT AGENCIES
56. 57. 58. 59. 60. 61. 62. 63.
Employment agencies to be licensed Labour Commissioner may refuse licence Repealed by Act No. 28 of 1994 Fees Keeping of registers and submission of returns Offences by employment agencies Offence to operate as employment agency without a licence Offence to recruit or to assist in recruiting
PART IX DISPUTES AND BREACHES OF CONTRACT 64. 65. 66. 67. 68. 69. Disputes to be referred to a labour officer Powers of labour officer in respect of offences Personal attendance at court may be dispensed with Arrest of absconding defendant Procedure to be applied to proceedings under this Act Determination of age
PART X POWERS OF COURTS AND OFFENCES Section 70. 71. 72. 73. 74. 75. 76. 77. Powers of courts Court may order payment of compensation Cancellation of contract Employees under sixteen not subject to penal provisions Assessment of wages, etc. Offences Offences by employers General penalty
PART XI MISCELLANEOUS
78. Contracts made before commencement of Act and foreign contracts 79. 80. 81. Certificate of service, testimonials and references Regulations Repealed by Act No. 8 of 1992
CHAPTER 268
EMPLOYMENT
Act 57 of 1965 An Act to provide legislation relating to the employment of persons; to 28 of 1971 make provision for the engagement of persons on contracts of service 29 of 1975 and to provide for the form of and enforcement of contracts of service; 18 of 1982 to make provision for the appointment of officers of the Labour 15 of 1989 Department and for the conferring of powers on such officers and upon 8 of 1992 medical officers; to make provision for the protection of wages of 28 of 1994 employees; to provide for the control of employment agencies; and to 13 of 1994 provide for matters incidental to and consequential upon the foregoing. 15 of 1997 PART I PRELIMARY 1. This Act may be cited as the Employment Act. Short title
2. (1) Subject to the provisions of subsection (2), the provisions of this Application and Act shall bind the Republic: power of exemption Provided that this subsection shall not have effect in relation to the following: (i) persons in the Defence Force (other than locally engaged civilian employees); (ii) members of the Zambia Police Force;
(iii) members of the Zambia Prison Service. (As amended by Acts No. 28 of 1971 and No. 15 of 1997) 3. In this Act, unless the context otherwise requires"advance" includes any payment in money to any person upon condition that he repays or makes good the same by his labour or out of the wages to be received by him under a contract of service; "casual employee" means any employee the terms of whose employment provide for his payment at the end of each day and who is engaged for a period of not more than six months; "court" means the Supreme Court, and the Industrial Relations Court; "collective agreement" means an agreement voluntarily nego-tiated between employers or associations of employers and employees or associations of or representing employees in which are laid down the conditions of employment and remuneration for employees; "contract of foreign service" means a contract of service made within Zambia which is to be performed, wholly or in part, outside Zambia: Provided that(i) a contract in which an employee is required to perform a journey from some place within Zambia to any place outside Zambia and to return to Zambia within one month of the commencement of such journey, if such journey may reasonably be expected to be completed within one month of its commencement; or (ii) a contract which provides for courses of training, part or all of which are to be performed outside of Zambia; shall not be deemed to be a contract of foreign service; Cap. 275 "employee" means any person who has entered into or works under a contract of service, whether the contract is express or implied, is oral or in writing, and whether the remuneration is calculated by time or by work done, or is in cash or kind, but does not include a person employed under a contract of apprenticeship made in accordance with the Interpretation
Apprenticeship Act or a casual employee; "employer" means any person, or any firm, corporation or company, public authority or body of persons who or which has entered into a contract of service to employ any person, and includes any agent, representative, foreman or manager of such person, firm, corporation, company, public authority or body of persons who is placed in authority over such person employed; "employment agency" means any person who acts either on his own behalf or as an intermediary for the purpose of obtaining employment for an employee or supplying an employee for an employer and who either charges an entrance fee, a periodical contribution or any other charge, or derives, either directly or indirectly, any pecuniary or other material advantage from either the employer or the employee, but does not include newspapers or other publications, unless they are published wholly or mainly for the purpose of acting as intermediaries between employees and employers; "Labour Commissioner" means the person appointed or deemed to have been appointed as such in pursuance of the provisions of section four; "labour officer" means any person appointed or deemed to have been appointed as a labour officer persuant to the provisions of section four and includes the Deputy Labour Commissioner, an Assistant Labour Commissioner and a Labour Inspector; "medical officer" means any Government medical officer or any medical practitioner approved by the Director of Medical Services for the purposes of any of the provisions of this Act relating to medical officers; "month" means a calendar month; "piece work" means any work the pay for which is estimated by the amount of work performed irrespective of the time occupied in its performance; "proper officer" means the Labour Commissioner or any labour officer; "recruiting" includes all operations undertaken with the object of obtaining or supplying the labour of persons who do not spontaneously
offer their services at the place of employment or at a labour or employment office established by the Government, or at an office conducted by an employer's organisation established for the purpose of receiving applications for employment, and "recruit" shall be construed accordingly: Provided that it shall not include the following classes of recruiting operations: (a) operations undertaken by or on behalf of employers who do not employ more than a limited number of employees, which number shall be prescribed by the Minister; (b) operations for the engagement of personal and domestic servants and non-manual workers; (c) operations undertaken within a limited radius prescribed by the Minister from the place of employment; "task" means such amount of work performed in a trade, occupation or undertaking in a given period of time; "wages" means the remuneration or earnings, however designated or calculated, capable of being expressed in terms of money and fixed by a contract of service or a contract of foreign service which are payable by an employer to an employee or a casual employee for work done or to be done or for services rendered or to be rendered; "young person" means a person who has not attained the age of fifteen years. (As amended by Acts No. 28 of 1971 and No. 15 of 1997)
PART II APPOINTMENTS, OFFICERS POWERS AND DUTIES OF
4. There shall be a Labour Commissioner who shall be respon-sible to Appointment of the Minister for the administration of this Act, and such number of officers labour officers as may be necessary for the purposes of this Act:
Provided that any person who, before the commencement of this Act, was appointed to be a Labour Commissioner or a labour officer shall be deemed to have been appointed for the purposes of and in pursuance of the provisions of this Act.
5. (1) The Labour Commissioner may, with the consent of the Minister, Delegation by delegate in writing to any person the exercise of any of his powers and Labour the performance of any of his duties, either in Zambia as a whole, or in Commissioner any part thereof, in relation to any matter or thing provided for by this Act. (2) The Labour Commissioner may cancel or suspend any delegation made under subsection (1). (As amended by Act No. 15 of 1997).
6. (1) The powers and duties conferred or imposed upon labour officers Powers of by the provisions of this section shall be in addition to any other powers labour officers or duties conferred or imposed upon them by or under any other written law. (2) A labour officer shall, for the purposes of this Act, have power to do all or any of the following: (a) to enter freely at any reasonable time, whether by day or by night, any workplace or conveyance where he may have reasonable cause to believe persons are being employed and to inspect such workplace or conveyance: Provided that this power shall not be exercised except during the hours of daylight in relation to any private dwelling-house or any land or building occupied in connection therewith; (b) to enter by day any premises in order to carry out any examination, test or inquiry which he may consider necessary in order to satisfy himself that the provisions of this Act are being complied with, and in particular(i) to interrogate, whether alone or in the presence of witnesses, any employer, employee or casual employee on any matter concerning the application of any of the provisions of this Act, and to question any
other person from whom he considers useful information may be obtained, so, however, that no one shall be required to answer any questions tending to incriminate himself; (ii) to require the production for examination of any book, register, account or other document, the keeping of which is prescribed by this Act, and to copy such documents or to make extracts therefrom and, if he considers such a course necessary or expedient, to remove such book, register, account or other document; (iii) to enforce the posting of notices in such places and in such manner as may be prescribed. (3) A labour officer shall, on the occasion of any inspection or visit, notify the employer or his representative of his presence, unless it is considered by the labour officer concerned that such notification may be prejudicial to the performance of his duties. (4) The powers conferred upon a labour officer by the provisions of this Act may be exercised by the Labour Commissioner and, for the purposes of carrying out any of his functions under this Act or any other written law, by a medical officer. (5) Where a labour officer removes a book, register, account or other document in pursuance of the provisions of subparagraph (ii) of paragraph (b) of subsection (2), he shall give a receipt in respect of such book, register, account or other document to the employer or his representative. (As amended by No. 28 of 1971) 7. (1) A public officer called upon to discharge duties of a public nature Duties of public under the provisions of this Act shall not have any pecuniary interest, officers directly or indirectly, in any undertaking under his supervision. (2) Any person who, in the exercise of his powers under this Act or in the performance of his duties under this Act, acquires information relating to the financial affairs, or the secret processes, or the plant or equipment of any other person, firm or business, shall not, save for the purposes of legal proceedings under this Act, disclose such information to any other person, except(a) to a court of law or to any person who by law is invested with the
power to compel the disclosure of such information; or (b) to the Commissioner or to any person acting in the execution of this Act, in so far as such information may be necessary for the execution thereof. (3) Any person who contravenes the provisions of this section shall be guilty of an offence, and shall be liable on conviction to a fine not exceeding three thousand penalty units or to imprisonment for a period not exceeding twelve months, or to both. (As amended by Acts No. 13 of 1994 and No. 15 of 1997) 8. (1) Any person whoOffence to delay or obstruct officers
(a) wilfully obstructs, hinders or delays a proper officer or a medical officer in the exercise of any of the powers conferred upon him by the provisions of this Act; or (b) without reasonable cause, fails to comply with any lawful direction given or made by a proper officer or a medical officer under the provisions of this Act; or (c) fails to produce any book, account, register or other document which he is required to produce under the provisions of this Act; or (d) conceals, or attempts to conceal, any employee or casual employee who is required to appear before, or to be examined by, any labour officer, or who otherwise prevents, or attempts to prevent, any such employee or casual employee from so appearing or being examined; shall be guilty of an offence. (2) Every employment agency shall afford all facilities which may be reasonable or necessary to enable the Labour Commissioner or any labour officer to exercise any powers conferred upon him by this Act, and any employment agency failing to afford such facilities shall be guilty of an offence. (As amended by No. 28 of 1971)
9. Nothing in this Act shall operate to relieve any employer or Saving of other employee of any duty or liability imposed on him by any other written laws law or to limit any powers conferred upon any public officer by any such law. 10. (1) The Labour Commissioner shall issue to every labour officer such certificate of his appointment or authority so to act as may be prescribed, and when so acting, such labour officer shall, if so required by any person affected, produce the certificate. Labour officers to be provided with and to produce certificates of appointment
(2) If any person forges or unlawfully alters any certificate of appointment referred to in subsection (1) he shall be guilty of an offence and shall be liable on conviction to a fine not exceeding twenty thousand penalty units or to imprisonment for a period not exceeding two years, or to both. (As amended by Acts No. 13 of 1994 and No. 15 of 1997) 11. (1) The Labour Commissioner may, with the approval of the Power to Minister, require an employer or employment agency to collect such require returns statistics as he shall deem proper in respect of any employees, casual employees or persons engaged through an employment agency and may require employers or employment agencies to make returns based on such statistics at such intervals as he may deem fit. (2) Any person who fails to comply with any requirement of the Labour Commissioner under this section shall be guilty of an offence. (As amended by No. 28 of 1971)
PART III CONTRACTS OF SERVICE GENERALLY 12. (1) Notwithstanding the provisions of the Employment of Young Minimum Persons and Children Act, but subject to the provisions of subsection contractual age. (3), no person shall, except under conditions to be prescribed, employ or Cap. 274
cause to be employed, any person under the age of fifteen years, and any person who contravenes the provisions of this subsection shall be guilty of an offence. (2) Where any contract of service is entered into between an employer and an employee or a casual employee who has not attained the age of sixteen years(a) the contract shall be deemed to be a daily contract notwithstanding any agreement, whether oral or in writing to the contrary; and (b) the employer shall cause the contract to be attested by the proper officer; (3) The provisions of subsection (1) shall not apply(a) in the case of a person, under the age of fifteen years, who is receiving full-time education at a school recognised as such under the Education Act, if he is employed during school vacations; (b) in the case of a person, under the age of fifteen years, who has failed to secure admission to a suitable school or whose enrolment has been cancelled or terminated by the school authorities or for good cause by a parent: Provided, however, that in either case, such child shall be employed only if the terms, conditions and nature of his employment are approved by a proper officer. (As amended by Acts No. 28 of 1971 and No. 15 of 1997) 13. (1) Whenever an employee has been brought from a place within Zambia to a place of employment by the employer, or by an employment agency acting on behalf of the employer, the employer shall pay the expenses of repatriating the employee to the place from which he was brought, in the following circumstances: (a) on the expiry of such period of service as may be specified in the contract of service; Repatriation Cap. 134
(b) on the termination of the contract of service by reason of the inability, refusal or neglect of the employer to comply with all or any of the provisions of such contract; (c) on the termination of the contract of service by agreement between the parties unless the contract otherwise provides; (d) on the termination of the contract of service by reason of the inability of the employee to comply with the provisions thereof by reason of illness or accident not occasioned through his own fault.
(2) The expenses of repatriation shall include(a) reasonable travelling expenses, unless the employer provides transport as provided in subsection (1) of section fourteen, and subsistence expenses or rations during the journey; (b) reasonable subsistence expenses or rations during the period, if any, between the date of termination of the contract of service and the date of the start of the journey: Provided that an employer shall not be liable to provide subsistence expenses or rations in respect of any period during which the repatriation of the employee is delayed(i) by the employee's own fault or choice; or
(ii) for reasons connected with any war, civil tumult, rebellion or act of God, unless during such period the employer has been able to utilise the services of the employee at the rate of wages stipulated in the expired contract of service.
(3) Notwithstanding the provisions of subsections (1) and (2), a proper officer may exempt an employer from liability for all or any of the expenses of repatriation in any of the following cases: (a) when he is satisfied that the employee does not wish to exercise his right to repatriation, or that the employee has been settled elsewhere at his request or with his consent; (b) when the contract of service has been terminated otherwise than
by reason of the inability of the employee to comply with the provisions thereof owing to illness or accident not occasioned through his own fault, or by death, and the proper officer is satisfied that(i) in fixing the rate of wages, proper allowance has been made for the payment of repatriation expenses by the employer; and (ii) suitable arrangements have been made by means of a system of deferred pay or otherwise to ensure that the employee has the funds necessary to defray such expenses. (4) When the family of an employee has been brought to the place of employment by the employer or by an employment agency acting on behalf of such employer, and the employee becomes entitled to repatriation expenses, or dies, the family or any member thereof shall be entitled to be repatriated to the place from which they were brought, and the employer shall pay the expenses of repatriating the family or any member thereof as provided in subsection (2). (5) If an employer fails to comply with any of the provisions of this section, the duty laid on him thereby shall be discharged by or under the directions of a proper officer and any reasonable expenses thereby incurred shall be a debt due by the employer to the Government and in any suit to recover such a debt, a certificate signed by a proper officer shall be conclusive evidence of the amount of the expenses incurred. (6) Notwithstanding the provisions of subsection (5), an employer who fails to comply with the provisions of this section, or with any lawful order or direction of a proper officer, shall be guilty of an offence. 14. (1) An employer shall, whenever possible, provide transport or pay Employer to for public transport for any person who is entitled to travelling expenses provide transport on repatriation under the provisions of section thirteen. (2) When an employer provides transport a proper officer shall take all necessary measures to ensure, and may give such directions to the employer as will ensure, that(a) the vehicles or vessels provided by the employer to be used for the transport of employees and their families on repatriation are suitable for such purpose, are in good sanitary condition and not overcrowded;
(b) when it is necessary to break the journey for the night, suitable accommodation is provided for such employees and their families; (c) when employees and their families have to make long journeys on foot, the length of the daily journey is compatible with the maintenance of their health and strength; (d) in the case of long journeys, all necessary arrangements are made for the health, safety and welfare of employees and their families. (3) When employees have to make long journeys in groups, an employer shall ensure that they are conveyed by a person who is fit and who shall be responsible for their health, safety and welfare during the journey. (4) An employer who fails to comply with the provisions of this section, or with any lawful order or direction of a proper officer, shall be guilty of an offence.
Holidays with pay 15. (1) Subject to any agreement between the parties providing for holidays with pay on conditions not less favourable to an employee than Cap. 276 is provided for in this section, and subject to any statutory determination concerning holidays made in accordance with the Minimum Wages and Conditions of Employment Act, an employee shall, after six months' continuous service, be entitled to a holiday with full pay at the rate of two days in respect of each period of one month's service, to be taken at such time as shall be agreed between the parties:
Provided that where a contract of service is terminated otherwise than by an employee's desertion, resignation or summary dismissal before he has qualified for a holiday as aforesaid, he shall be entitled to be paid two days' full pay for each completed month of service. (2) The holidays referred to under subsection (1) shall be in addition to any public holiday or weekly rest period, whether fixed by any law, agreement or custom, in respect of which the employee is not required to work under his contract of service. (3) The Minister may, by statutory order, declare any day or days Cap. 272
required to be observed as or declared to be public holidays under the Public Holidays Act to be paid public holidays, and on any day which has been declared to be a paid public holiday every employee shall be entitled to a holiday with full pay if he does not, without the permission of his employer or reasonable excuse, absent himself from duty either on the day immediately preceding or on the day following such public holiday: Provided that where by virtue of any agreement or custom it is normal for an employee or class of employees to work on any day declared to be a paid public holiday such employee or class of employees shall be entitled to payment of wages at such rate as may be agreed under a collective agreement or contract of service. (4) For the purpose of this section, the expression "full pay" means basic pay, the cash equivalent of any food which may from time to time be provided, and working or other allowances where applicable for a period not exceeding one month, but does not include payments in respect of any bonus. (5) Notwithstanding the provisions of subsection (1), an employer may, with the agreement of the employee, pay wages to such employee in lieu of any holiday due to the employee under that subsection and if any leave has been accumulated by an employee whose contract has terminated, the employer shall pay wages to the employee for the period of such accumulated leave. (As amended by No. 28 of 1971 and Act No. 15 of 1997)
Maternity leave 15A. (1) Subject to any agreement between the parties, or any other written law, providing for maternity leave on conditions not less favourable than are provided for in this section, every female employee who has completed at least two years of continuous service with her employer from the date of first engagement or since the last maternity leave taken, as the case may be, shall, on production of a medical certificate as to her pregnancy signed by a registered medical practitioner, be entitled to maternity leave of twelve weeks with full pay.
(2) The maternity leave granted under subsection (1) shall be exclusive of any other leave to which a female employee may otherwise be entitled.
(3) In case of illness which arises out of pregnancy and results in a female employee becoming temporarily incapable of performing her official duties, such employee shall be entitled to sick leave in accordance with the provisions of section fifty-four. (4) Any employer who contravenes the provisions of this section shall be guilty of an offence. (As amended by Act No. 18 of 1982) 15B. (1) An employer shall not terminate the services of a female employee or impose any other penalty or disadvantage upon such employee for reasons connected with such employee's pregnancy.
Prohibition of termination of employment for reasons connected with pregnancy
(2) In the absence of proof to the contrary, an employer shall be deemed to have acted in contravention of subsection (1) if he terminates the contract of service or imposes any other penalty or disadvantage upon a female employee within six months after delivery. (3) Any employer who contravenes the provisions of this section shall be guilty of an offence. (As amended by Act No. 18 of 1982)
15C.
Repealed by Act No. 15 of 1997.
PART IV ORAL CONTRACTS OF SERVICE 16. The provisions of this Part shall apply to oral contracts.
Application of Part IV
17. All contracts of service, other than contracts which are required by Contracts not required to be in this Act or any other law to be made in writing, may be made orally.
writing
18. In the absence of any agreement to the contrary, an oral contract shall be deemed to be a contract for the period by reference to which wages are calculated: Provided that where wages are calculated by reference to any period of less than a day, then, in the absence of any agreement to the contrary, any such oral contract shall be deemed to be a daily contract.
Presumptions as to periods of oral contracts
19. Each party to an oral contract for a period not exceeding one month Presumptions as to shall, on the termination of such contract, be conclusively presumed to new contract have entered into a new oral contract for a further period of the same duration and subject to the same terms and conditions as those of the contract then terminated unless(a) notice to terminate the employment under section twenty has been given by either party and the period of notice has expired; or (b) the contract has been terminated by payment in lieu of notice; or (c) the contract has been summarily terminated by either party for lawful cause; or (d) the contract has been otherwise lawfully terminated under the provisions of this Act: Provided that nothing in this section shall apply to(i) contracts expressed to be terminable without notice or to be contracts to which this section does not apply; (ii) contracts specifically expressed to be for one period of fixed duration and not to to be renewable; (iii) daily contracts where the wages are paid daily.
20. (1) Either party to an oral contract may terminate the employment Termination by on the expiration of notice given to the other party of his intention to do notice so, and where the notice expires during the currency of a contract period, the contract shall be thereupon terminated. (2) In the absence of any agreement providing for a period of notice of longer duration, the length of such notice shall be(a) subject to the provisions of paragraph (b), twenty-four hours where the contract is for a period of less than a week;
(b) fourteen days where the contract is a daily contract under which, by agreement or custom, wages are payable not at the end of the day, but at intervals not exceeding one month; (c) thirty days where the contract is for a period of one week or more. (3) Notice to terminate employment may be either verbal or written and may be given at any time, and the day on which the notice is given shall be included in the period of notice. (4) Where notice is given, there shall be paid to the employee, on the expiration of the notice, all wages and benefits due to him. 21. Either party to an oral contract of service may terminate such contract(a) in the case of a contract which may be terminated without notice, by payment to the other party of a sum equal to all wages and other benefits that would have been due to the employee if he had continued to work until the end of the contract period; (b) in any other case, by payment to the other party of a sum equal to all wages and other benefits that would have been due to the employee at the termination of the employment had notice to terminate the same been given on the date of payment. 22. Repealed by Act No. 15 of 1997. 23. Repealed by Act No. 15 of 1997. 24. (1) Every employer shall prepare and maintain at his expense, or cause to be prepared and maintained, a record of contract for every employee employed by him under an oral contract of service. (2) A record of contract shall be in the prescribed form and shall contain the following particulars: (a) the name and sex of the employee and his nationality;
Record of oral contracts Termination by payment
(b) the name, address and occupation of the employer; (c) the date of the employee's engagement and the capacity in which he is to be employed; (d) the type of contract; (e) the place of engagement; (f) the rate of wages and any additional payments in kind; (g) the intervals of payment. (3) Every record of contract shall be prepared in duplicate and one copy shall be given to the employee at the time of his engagement (or, in the case of employees engaged before the commencement of this Act, within one month of such commencement) and one copy retained by the employer: Provided that each copy shall be amended by the employer in the event of any change in the particulars required to be recorded. (4) An employer who fails(a) to prepare or cause to be prepared such record as aforesaid; or (b) to issue a copy of a record of contract to the employee concerned; shall be guilty of an offence. (5) Where any dispute arises as to the terms and conditions of an oral contract other than a contract for the employment of a casual employee, and the employer fails to produce a record of such contract made in accordance with the provisions of this section, the statement of the employee as to the nature of the terms and conditions shall be receivable as evidence of such terms and conditions unless the employer satisfies the court to the contrary. (As amended by Act No. 15 of 1997)
25. (1) Wherever an employer shall dismiss an employee summarily and without due notice or payment of wages in lieu of notice, such employer shall, within four days of such dismissal, deliver to a labour officer in the District in which the employee was working, a written report of the circumstances leading to, and the reasons for, such dismissal: Provided that a report delivered through the post shall be deemed to have been delivered to a labour officer within four days of such dismissal if the envelope within which it is contained bears a postmark dated not later than three days following such dismissal. (2) A labour officer shall cause to be entered in a register maintained for the purpose, details of every report delivered to him for the purposes of subsection (1). 26. Where an employee is summarily dismissed, he shall be paid on dismissal the wages and other working or other allowances due to him up to the date of such dismissal. (As amended by Acts No. 28 of 1971 and No. 15 of 1997) 26A. An employer shall not terminate the service of an employee on grounds related to the conduct or performance of an employee without affording the employee an opportunity to be heard on the charges laid against him. (As amended by Act No. 15 of 1997) 26B. (1) The contract of service of an employee shall be deemed to have been terminated by reason of redundancy if the termination is wholly or in part due to(a) the employer ceasing or intending to cease to carry on the business by virtue of which the employee was engaged; or (b) the business ceasing or reducing the requirement for the employees to carry out work of a particular kind in the place where the employee was engaged and the business remains a viable going concern.
Summary dismissal
Right to wages on dismissal for lawful cause
Termination on grounds related to conduct or performance
Termination by redundancy
(2) Whenever an employer intends to terminate a contract of employment for reasons of redundancy, the employer shall(a) provide notice of not less than thirty days to the representative of the employee on the impending redundancies and inform the representative on the number of employees to be affected and the period within which the termination is intended to be carried out; (b) afford the representatives of the employee an opportunity for consultations on(i) the measures to be taken to minimise the terminations and the adverse effects on the employees; (ii) the measures to be taken to mitigate the adverse effects on the employees concerned including finding alternative employment for the affected employees; (c) not less than sixty days prior to effecting the termination, notify the proper officer of the impending terminations by reason of redundancy and submit to that officer information on(i) (ii) (iii) (iv) the reasons for the termination by redundancy; the number of categories of employees likely to be affected; the period within which the redundancies are to be affected; and the nature of the redundancy package.
(3) An employee whose contract of service has been terminated by reason of redundancy shall(a) be entitled to such redundancy payment as agreed by the parties or as determined by the Minister, whichever is the greater; and (b) be paid the redundancy benefits not later than the last day of duty of the employee: Provided that where an employer is unable to pay the redundancy benefits on the last day of duty of the employee, the employer shall continue to pay the employee full wages until the redundancy benefits are paid.
(4) The provisions of this section shall not apply to(a) an employer who ceases to carry on business by reason of bankruptcy or compulsory liquidation; (b) a casual employee;
(c) an employee engaged for a fixed term and the redundancy coincides with the expiration of that term; (d) an employee on probation; or
(e) an employee who has been offered alternative employment and who has unreasonably refused the offer. (As amended by Act No. 15 1997) 27. (1) Any employer who fails to comply with any of the provisions of Offence section twenty-five shall be guilty of an offence. (2) In any prosecution under this section the production of a register maintained in pursuance of the provisions of subsection (2) of section twenty-five shall be prima facie evidence of the contents thereof, and, where it is alleged that an employer has failed to deliver a report under the said last-mentioned section, of that fact if there is no entry in the register relating to the delivery of such report.
PART V WRITTEN CONTRACTS OF SERVICE 28. (1) When a contract of serviceContracts required to be in writing
(a) is made for a period of or exceeding six months or for a number of working days equivalent to six months or more; or (b) is a contract of foreign service; or
(c) is to perform personally some specific work which could not reasonably be expected to be completed within six months or within a number of working days equivalent to six months from the start of the work; the contract shall be made in writing. (2) Any employee shall indicate his consent to a contract of service either(a) by signing the same; or (b) by affixing thereto the impression of his thumb or finger in the presence of a person other than his employer. (3) An employer who is a party to a contract of service to which subsection (1) applies shall be responsible for causing the contract to be drawn up in writing and presented for attestation under the provisions of section twenty-nine. (As amended by Act No. 15 1997) 29. Subject to the provisions of subsection (3) of section thirty-two, a Attestation written contract of service made under the provisions of this Act shall not be enforceable unless it bears an attestation under the hand of a proper officer to the effect that such contract was read over and explained to the employee in the presence of such officer and was entered into by the employee voluntarily and with the full understanding of its meaning: Provided that where the parties to a contract of service which has not been attested in accordance with the provisions of this section are literate and entered into the contract in good faith, such contract shall be enforceable as if it had been attested under this section.
Contents of written contracts
30. A written contract of service shall not be attested by a proper officer unless it specifies as accurately as possible(a) the name of the employer and of the employee; (b) the name of the business or undertaking in which the employee is to
be employed; (c) the place of engagement and, where applicable, the place of origin of the employee and any other particulars necessary for his identification; (d) the date of commencement and the duration of the contract of service; (e) the place at which, or the geographical limits within which, any work under the contract is to be performed; (f) the wages to be paid and, if applicable, particulars of any food to be provided under the contract or of any cash equivalent of any such food; (g) an undertaking by the employer to pay the wages of the employee monthly or at shorter period, as the case may be, unless deferment of payment is expressly sanctioned in terms of section forty-eight; (h) the nature of the employment, including working hours and tasks where applicable and practical, and the general operations involved and such additional details as may be necessary to make it clear to the employee the nature of the work for which he contracts; (i) in the case of a contract of foreign service or contract of service entered into by an employment agency on behalf of an employer with an employee, an undertaking by the employer or employment agency, as the case may be, to provide the employee with sufficient means of subsistence to proceed to the place of employment and to pay the expenses of repatriating the employees as specified in subsection (2) of section thirteen.
31. For the avoidance of doubt, it is hereby declared that a written contract of service shall not be binding on the family of an employee.
Family of employee not bound by contract
32. (1) Before attesting the signature of any employee to a written contract of service, a proper officer shall satisfy himself that(a) the employee has fully understood and freely consented to the contract and that his consent has not been obtained by coercion or undue influence or as a result of misinterpretation or mistake; (b) the terms of the contract are not in conflict with the provisions of this Act or any other written law; (c) where applicable, the provisions relating to medical examination contained in section thirty-four have been complied with;
Duty of proper officer
(d) the employee declares himself not to be bound by any previous contract of service; (e) the contract is, in all the circumstances, equitable;
and if not so satisfied shall refuse to attest the contract. (2) A contract of service which requires attestation shall be presented to a proper officer for attestation in triplicate and after attestation thereof one copy shall be given to the employer, one copy to the employee and one copy retained by the proper officer. (3) If a contract of service is not attested by a proper officer within forty days of the making thereof, the employer shall cease to have any rights under such contract. (4) An employee who is a party to a contract of service shall, in the case of failure by the employer to present the contract for attestation or refusal of a proper officer to attest the contract, be entitled to the fair value of any service rendered by him to the employer and a labour officer may, on the matter coming to his notice, assess and certify in writing the sum to which any employee is entitled under the provisions of this subsection: Provided that a court may vary or set aside such certificate of a labour officer and itself assess the fair value of such a service. (5) Notwithstanding the provisions of subsections (3) and (4), either party to a written contract of service may present the contract for attestation at any time before the expiration of the period for which the contract was made and, if the contract is then attested, it shall have full force and effect in respect of the period to which it relates: Provided that nothing in this subsection shall entitle any person to present for attestation a contract of service whereof attestation has been previously refused by a proper officer. (6) An employer who wilfully fails to present for attestation a written contract of service within forty days from the making thereof shall be guilty of an offence and liable to a fine of sixty penalty units for every
day during which the default continues. (As amended by Act No. 13 of 1994) 33. Repealed by Act No. 15 of 1997.
34. (1) Subject to the provisions of subsection (2), every employee who Medical examination enters into a contract of service under the provisions of section twenty-eight shall be medically examined by a medical officer before such contract is attested; such examination shall have relation to the fitness of the employee to undertake the work which he has contracted to do, and a report of the result of such examination shall be sent by the medical officer to the employer. (2) A proper officer may exempt in writing from the provisions of subsection (1) an employee entering into a written contract of service for employment in the vicinity of his home(a) in agricultural work; or
(b) in non-agricultural work which the Labour Commissioner is satisfied is not of a dangerous character or likely to be injurious to the health of the employee. (3) Notwithstanding the provisions of this section, every employee who enters into a contract of foreign service shall be medically examined by a medical officer and such employee shall not be allowed to depart from Zambia, nor shall his contract be attested, until the report of the result of such examination has been produced to the proper officer concerned. (4) Every employer who, without reasonable cause, fails to comply with the provisions of this section shall be guilty of an offence. (As amended by Act No. 15 of 1997) 35. (1) Rights arising under any written contract of service shall not be Transfer of transferred from one employer to another unless the employee bound by contract such contract consents to the transfer and the particulars thereof are endorsed upon the contract by a proper officer.
(2) Before endorsing any particulars of transfer on a written contract of service, the proper officer shall satisfy himself(a) that the employee has fully understood the nature of the transaction and has freely consented to the transfer and that his consent has not been obtained by coercion or undue influence or as the result of misinterpretation or mistake; (b) that where there is any change in the nature of the work to be performed or in the place where such work is to be performed, and a medical examination of the employee is desirable, that such employee has been medically examined in accordance with the provisions of section thirty-four. 36. (1) A written contract of service shall be terminatedTermination of contract
(a) (b)
by the expiry of the term for which it is expressed to be made; or by the death of the employee before such expiry; or
(c) in any other manner in which a contract of service may be lawfully terminated or deemed to be terminated whether under the provisions of this Act or otherwise. (2) Where owing to sickness or accident an employee is unable to fulfill a written contract of service, the contract may be terminated on the report of a registered medical practitioner. (As amended by Act No. 15 1997)
Security in 37. (1) A proper officer may, before attesting a contract of foreign service, require the employer to give security by bond, in such form and contracts of foreign service in such amount and with one or more sureties resident within Zambia as may be approved by such officer, and such bond shall provide for the due performance of the contract by the employer in such terms as the proper officer may consider reasonable, or in lieu of such bond a proper officer may require such employer to deposit in cash such sum as the officer may think necessary to guarantee such performance.
(2) A bond entered into for the purposes of this section shall be enforceable by the proper officer or any labour officer according to its purpose without any assignment and shall be binding as a deed without being sealed. (3) Any money recovered under a bond shall be applied by the proper officer or any labour officer in or towards satisfaction of the claims of employees employed under the contract in such proportions as the proper officer or labour officer, in his absolute discretion, shall think just; any balance remaining after satisfaction of such claims shall be paid to the employer.
38. (1) When a contract made within Zambia relates to employment in another country (in this section referred to as the "country of employment") and is a contract of foreign service as defined in section three, then the provisions of this Part shall apply in the following manner, that is to say: (a) a person whose age is less than either sixteen years or the minimum age of capacity for entering into contracts prescribed by the law of the country of employment, whichever is the higher, shall not be capable of entering into such a contract; (b) the conditions under which the contract is subject to termination shall be determined by the law of the country of employment; (c) the Labour Commissioner shall co-operate with the appropriate authority of the country of employment to ensure the application of subsection (2) of section fourteen; (2) When a contract made within another country relates to employment in Zambia, the provisions of this Act shall apply to such contract. (As amended by Act No. 15 of 1997)
Foreign contracts of service and contracts made abroad
39. Any person who induces or attempts to induce any other person to proceed beyond Zambia for the purpose of employment outside Zambia otherwise than in accordance with the provisions of this Act, or any person who knowingly aids in the employment or transfer of any person so induced, shall be guilty of an offence and liable to a fine not
Inducing persons to proceed abroad without a contract of foreign service
exceeding four thousand penalty units or to imprisonment for a term not exceeding one year, or to both. (As amended by No. 28 of 1971 and Act No.13 of 1994) 40. For the avoidance of doubt, it is hereby declared that nothing in the Continued employment under foregoing provisions of this Part shall be construed as prohibiting or oral contract restricting an employee who has completed a written contract of service, other than a contract of foreign service, from continuing in the service of his employer under an oral contract of service.
PART VI HOUSING AND WELFARE 41. An employer may, as agreed underHousing of employees Cap. 269
(a) a collective agreement registered under the Industrial and Labour Relations Act; (b) a contract of employment; (c) the general conditions of service of that institution or organisation; provide to an employee either housing, a loan or advance towards the purchase or construction of a house, guarantee facility for a mortgage or house loan on behalf of an employee or pay housing allowance. (As amended by Act No. 15 of 1997) 42. (1) Every employer shall ensure that there is at the place of employment an adequate supply of drinking water for the use of his employees. (2) Wherever, in the opinion of a medical officer, the supply of water referred to in subsection (1) is inadequate or not reasonably protected or accessible for use, a proper officer may cause to be served on the employer an order in writing requiring him to remedy the defect within such reasonable time as may be specified in such order. (3) Any person who fails to comply with the provisions of this section or with an order served under subsection (3) shall be guilty of an offence.
Water for use of employees
(As amended by Act No. 15 of 1997) 43. (1) An employer may as agreed underMedical attention Cap. 269
(a) a collective agreement registered under the Industrial and Labour Relations Act; (b) a contract of employment; or
(c) the general conditions of service relating to that organisation or institution; provide an employee with medical attention and medicines and where necessary, transport to a medical institution during the illness of the employee: (2) Notwithstanding the foregoing provisions of this section, any incapacity falling within the provisions of any law relating to worker's compensation shall be subject to the provisions of such law. (As amended by Act No. 15 of 1997)
PART VII PROTECTION OF WAGES 44. (1) In all contracts of service the wages of an employee shall be payable in the currency of the Republic and shall be paid direct to the employee: Wages to be paid to employee in currency of Republic
Provided that if the employee so requests in writing, or if the provisions of any collective agreement applicable to such employee so provide, payment may be made in any of the following ways: (a) payment into an account at a bank or building society, being an account standing in the name of the person to whom the payment is due, or an account standing in the name of that person jointly with one or
more other persons; (b) (c) (d) payment by postal order; payment by money order; payment by cheque:
Provided further, that an employer may, in the absence of an employee, pay the wages of such employee to a person other than the employee if such person is duly authorised to receive such wages by the employee in writing. (2) Wherever possible, wages shall be paid on work days and at or near the place of employment. (3) Nothing contained in this section shall prevent an employer from paying to an employee, in addition to wages, allowances in kind, where such payment is customary or agreed to by the employee or provided for in a collective agreement or in accordance with any written law: Provided that any such payment, being an allowance in kind, shall be for the personal use and benefit of the employee, and his family, and shall not be in the form of intoxicating spirits or noxious drugs. (4) Payment of wages shall not be made in any shop, store or canteen or in places where intoxicating liquor is sold, except in the case of employees employed to work therein. (5) The provisions of this section shall be subject to any law relating to exchange control. (6) The provisions of this section shall apply also to a casual employee. (As amended by No. 28 of 1971) 45. (1) Notwithstanding any other provisions of this Act, an employer Authorised may make deductions from the wages payable to an employee in respect deductions of-
(a) except where otherwise provided in any other written law, contributions to any provident, medical or pension fund or any other fund or scheme approved by the Minister to which the employee has agreed in writing to contribute; (b) a reasonable amount for any damage done to, or loss of, any property lawfully in the possession or custody of any employer occasioned by the wilful default of the employee, if such amount and its deduction are duly accepted in writing by such employee; (c) any amount paid to an employee in error as wages in excess of the amount of wages due to him; (d) subject to the written consent of the employee, an amount equal to any shortage of money arising through the negligence or dishonesty, not amounting to a criminal offence, of an employee whose contract of service provides specifically for his being entrusted with the receipt, custody and payment of money; (e) any amount agreed in repayment of a loan made by the employer to the employee, at his request, for a purpose beneficial to him under the terms of a collective agreement applicable to such employee; (f) such other amounts as may be prescribed by the Minister by statutory instrument. (2) Any deductions made by an employer in respect of a contribution to any provident, medical or pension fund or any fund or scheme approved by the Minister shall be paid as soon as is reasonably practicable by the employer to the person or fund entitled to receive it. (3) Notwithstanding the provisions of subsection (1), an employer shall, whether the employee consents to the deduction or not, deduct from the wages of such employee any amount which such employer is required or empowered to deduct from such wages under any written law. (As amended by Acts No. 28 of 1971 and No. 15 of 1997) 46. Repealed by Act No. 15 of 1997.
46A.
Repealed by Act No. 15 of 1997.
47. An employer shall not make any deductions from wages payable to Unauthorised an employee or any amount paid to such employee as an advance of deductions wages in consideration of, or as a reward for, providing employment for such employee or for retaining such employee in employment. 48. (1) Subject to the provisions of subsection (3) and (4), the wages of Wages, when an employee shall be duedue and payable (a) in the case of a contract of service from month to month, on the last day of each month; (b) in the case of a contract of service from fortnight to fortnight, on the last day of each fortnight; (c) in the case of a contract of service from week to week, on the last day of each week; (d) in the case of an employee employed on a task or piece work, on the completion of such task or work: Provided that where an employee is employed on piece work, it shall be lawful for an employer, with the consent of such employee, to accumulate the wages due to the employee for such period not exceeding one month as may be agreed by the parties; (e) in the case of an employee employed to perform a journey, on the completion of such journey; (f) in any other case, in accordance with the terms of the contract of service. (2) The wages of an employee shall be paid at regular intervals not being later than the fifth day following the date upon which they fall due under subsection (1). (3) Notwithstanding the provisions of subsection (2), in the case of an
employee who is engaged on a contract of service for payment of wages at a daily or an hourly rate, it shall be lawful for the employer to accumulate such wages for a period not exceeding one month provided the agreement of the employee concerned has been obtained: Provided that the provisions of this subsection shall be subject to the right of the employee to payment on demand of any accumulated wages due to him in the event of the contract of service being terminated by either party thereto. (4) In every case in which employment under a contract of service is lawfully terminated, all wages including overtime pay and allowances additional to basic pay shall be payable on the day upon which such contract terminates. (5) The provisions of subsections (1), (2) and (3) shall not apply to the payment of any allowance or bonus where such allowance or bonus does not form part of any payment due under the contract of service. 49. (1) An employer shall not limit or attempt to limit the right of an employee to dispose of his wages in any manner which he deems fit. (2) Nothing in this Part shall prevent an employer, otherwise lawfully entitled so to do, from establishing a shop for the sale of provisions generally to his employees, but no employee shall be compelled by any contract, collective agreement or order, written or oral, to purchase provisions at such shop. 50. Every employer shall keep a record of the wages paid to each of his employees or causal employees and of every deduction from such wages and the reason therefor, which record shall be kept at the place of employment or at such other place as the Minister may in any particular case approve and shall, at all reasonable hours, be available for inspection by a proper officer. (As amended by No. 28 of 1971) 51. Every employer shall, before an employee commences employment or when changes in the nature of such employment take place, cause to be explained to such employee the rate of wages and Explanation of wages and conditions of Record of wage payments to be kept by employer Disposal of wages
conditions relating to such payment.
employment
52. Every employer shall display at a conspicuous place readily Provisions to be accessible to all his employees such details of the provisions of this Part displayed as may be prescribed. 53. Wages shall not become payable to any employee in respect of any Wages not to period during which the employee is imprisoned under any law or accrue during otherwise detained in lawful custody. imprisonment 54. (1) Except as may be provided in any contract of service, collective Wages while agreement or other written law more favourable to the employee, if any incapacitated employee becomes temporarily incapacitated in consequence of sickness or accident not occasioned by his own default, such employee shall, provided he has produced a valid medical certificate, receive pay for the days absent up to a maximum of twenty-six working days in any period of twelve months: Provided that an employer may continue to pay such employee for any longer period if the employer so agrees. (2) In addition to the leave prescribed in subsection (1), every female employee shall be entitled to one day's absence from work each month without having to produce a valid medical certificate. (3) Notwithstanding anything in this section hereinbefore contained, any wages payable to an employee under the provisions of this section shall be reduced by the amount of any compensation received by such employee during such period of incapacity under any law relating to worker's compensation. (4) Subject to the provisions of any other written law, unless otherwise agreed between the parties thereto, a contract of service shall not be terminated while any of the provisions of this section apply. (As amended by Acts No. 28 of 1971 and No. 15 of 1997) 55. (a) Any person whoemploys or continues in his employment any employee or causal Offences
employee without intending to pay, or without having reasonable grounds for believing that he can pay, the wages of such employee or casual employee as they become payable; (b) without reasonable excuse fails on demand to pay in accordance with the provisions of section forty-eight any wages due to any employee or casual employee; (c) makes any deductions from wages other than those authorised in this Part; (d) Part; by any act or omission contravenes any other provisions of this
shall be guilty of an offence. (As amended by No. 28 of 1971)
PART VIII EMPLOYMENT AGENCIES 56. (1) A person shall not operate or cause to be operated any employment agency except under licence from the Labour Commissioner. (2) An application for the grant or renewal of a licence shall be made to the Labour Commissioner in such form as may be prescribed and the Labour Commissioner may, on receipt of such application, grant or renew a licence subject to such terms and conditions as he may consider necessary. 57. (1) On receipt of an application to grant or renew a licence, the Labour Commissioner may, in his discretion, either grant or renew or refuse to grant or renew the licence and may suspend or cancel any licence issued under this section: Provided that the Labour Commissioner shall inform the person(i) whose application for the grant or renewal of a licence has been refused, or whose licence has been suspended or cancelled, of the reasons for such refusal, suspension or cancellation, as the case may be; (ii) whose application for the grant or renewal of a licence is to be granted subject to such terms and conditions as he may consider necessary, of the reason for the imposition of such terms and conditions. Labour Commissioner may refuse licence Employment agencies to be licensed
(2) Any person who(a) being an applicant for the grant or renewal of a licence, is aggrieved by the decision of the Labour Commissioner; or (b) being the holder of a licence, is aggrieved by any suspension or cancellation thereof; may, within thirty days of being notified of the Labour Commissioner's decision, appeal to the court and the court, in deciding the appeal, shall have and may exercise the same powers and discretions as the Labour Commissioner. (3) A licence issued under the provisions of this section shall continue in force until the 31st December next following the date of issue thereof. (4) Upon making an application for the grant or renewal of a licence, the applicant shall pay such fee as may be prescribed and such fee shall accompany the application: Provided that where a licence is granted in respect of any period after the 30th June in any year the fee in respect of such licence shall be one-half of the fee so prescribed. (5) Where it is shown to the satisfaction of the Labour Commissioner that a licence already issued has been lost or destroyed, the Labour Commissioner shall, subject to the provisions of section fifty-eight, and upon payment of a fee of fifteen fee units, issue a duplicate of such licence to the licence holder. (As amended by Act Nos. 13 and 28 of 1994) 58. Repealed by Act No. 28 of 1994. Fees
59. (1) An employment agency shall charge a prospective employer such fees as may be agreed between them. (2) The employment agency shall not charge the prospective employee
for any services rendered. (3) Any person who contravenes the provisions of subsection (2) shall be guilty of an offence. (As amended by Act No. 28 of 1994) 60. Every employment agency shall keep or cause to be kept such Keeping of registers and records and shall submit to the Labour Commissioner such registers and returns as may be prescribed. submission of returns Offences by (a) knowingly deceiving any person by giving false information; or employment agencies (b) making or causing to be made or knowingly allowing to be made any register, record or return which is false in any material particular; 61. Any employment agencyshall be guilty of an offence. (As amended by Act No. 15 of 1997) 62. Any person operating as an employment agency except under licence from the Labour Commissioner shall be guilty of an offence. Offence to operate as employment agency without a licence Offence to recruit or to assist in recruiting
63. Any person who engages in or assists a person engaged in recruiting persons as an employment agency without a licence shall be guilty of an offence and on conviction shall be liable to a fine not exceeding five thousand penalty units or to imprisonment for a period not exceeding two years, or to both. (As amended by Acts No. 13 of 1994 and No. 15 of 1997)
PART IX DISPUTES AND BREACHES OF CONTRACT
64. (1) Subject to the provisions of subsection (2), whenever an Disputes to be employer or employee neglects or refuses to comply with the terms of referred to a any contract of service, or whenever any question, difference or dispute labour officer arises as to the rights or liabilities of any party to such contract or as to any misconduct, neglect or ill-treatment of any such party, or concerning any injury to the person or property of such party, the party aggrieved may report the matter to a labour officer, who shall thereupon take such steps as may seem to him to be expedient to effect a settlement between the parties and, in particular, shall encourage the use of collective bargaining facilities where applicable. (2) The provisions of this section shall not apply where, by or under any law, the matters referred to in subsection (1) may or are required to be settled in the manner provided in such law. (As amended by Act No. 15 of 1997) 65. Wherever, upon a report made to him under the provisions of section sixty-four, a labour officer considers that a breach of the provisions of this Act has been disclosed, he may refer the matter to a court. 66. In any civil proceedings by or against any person under the provisions of this Act, the court may, by order on the application of any party, dispense with the attendance before it to give evidence of any party or witness to such proceedings if the court is satisfied that such proceedings can be properly heard and determined without the presence of such party or witness, and for such purpose the court may receive the sworn statement of any such party or witness: Provided that a court shall not make an order dispensing with the attendance of a witness where it appears to the court that any party bona fide desires the attendance of such witness for cross-examination and that such witness can be produced. 67. If, at the time of the making of any complaint in respect of an Arrest of offence under this Act, or at any time thereafter, a Court is satisfied by absconding evidence on oath that the party complained against is likely to abscond, defendant the Court may cause such party to be arrested and detained in custody until the hearing of the proceedings or until such party finds security to appear and answer the complaint. Powers of labour officer in respect of offences Personal attendance at court may be dispensed with
68. Save as is otherwise provided in this Act, the provisions of the law for the time being in force relating to procedure in criminal cases respecting appeals and references, and the levying of moneys ordered to be paid, shall apply to all proceedings and all orders for the payment of money under this Act.
Procedure to be applied to proceedings under this Act
69. Whenever any question arises as to the age of an employee and no Determination sufficient evidence is available as to his age, a medical officer may of age estimate his age by his appearance or from any information available, and the age so estimated shall, for the purposes of this Act, and unless and until the contrary be proved, be deemed to be his true age.
PART X POWERS OF COURTS AND OFFENCES 70. (1) Notwithstanding the provisions of any other law, a court to which any matter is referred under the provisions of section sixty-five shall have jurisdiction(a) to adjust and set off one against the other all such claims on the part of the employer or of the employee arising out of or incidental to the contract of service as the court may find to be subsisting, whether such claims are liquidated or unliquidated, and for wages, damage to person or property or for any other cause, and to direct the payment of such sum as it finds due by one party to the other party; (b) to terminate a contract of service upon such terms as to the payment of damages and otherwise as it thinks fit; (c) to impose any punishment or penalty to which any person is liable under the provisions of this Act; (d) to assess the fair value of services rendered by an employee in any case in which such services are to be assessed in accordance with the provisions of this Act, or in any case where the rate of wages or other benefits to which an employee should be entitled have not been agreed between the employer and employee or it is uncertain what was agreed; (e) to decide the relative rights and duties of employers and Powers of courts
employees in relation to any matter referred to the court under the provisions of this Act; (f) to fix the amount of compensation for loss of or damage to the property of an employer where such loss has been occasioned by the wrongful act or omission of his employees; (g) (h) to award damages for wrongful dismissal; and to order reinstatement or re-employment.
(2) Any security required under the provisions of this section shall be given by a written acknowledgment in or under the direction of the court of the undertaking or condition by which, and the sums for which, the person giving such security is bound, and such security may be forfeited and enforced in the manner provided for the forfeiture and enforcement of bonds under the law for the time being in force. (As amended by Act No. 15 of 1997) 71. Where any person is convicted of an offence under this Act and it appears from the evidence that any employer or employee has suffered material loss or personal injury in consequence of the offence committed, the court may, in addition to any other lawful punishment imposed by it, order such person to pay to such employer or employee, as the case may be, such compensation in respect of such material loss or personal injury as it may deem fair and reasonable in every respect as if it were compensation ordered to be paid under section one hundred and seventy-five of the Criminal Procedure Code. Court may order payment of compensation Cap. 88
72. If any employer or employee prefers any groundless charge against Cancellation of the other or is convicted of any assault against the other, the court may, contract if it deems fit, on the application of the party against whom such charge was preferred or who was assaulted, as the case may be, order the termination of the contract of service and the same shall thereupon terminate without prejudice to any rights which may have accrued thereunder to either party thereto. 73. No employee who has not attained the age of sixteen years shall be Employees subject to any of the penal provisions of this Act. under sixteen not subject to penal
provisions 74. If, in any legal proceedings, it does not clearly appear what rate of Assessment of wages or benefits was agreed upon between an employer and an wages, etc. employee, the court shall fix the rate of wages or benefits at that usually paid or given for the type of service concerned in the area in which the contract of service was to be performed. 75. Any person whoOffences Cap. 269
(a) induces or attempts to induce any person to engage himself for employment, or engages or attempts to engage any person by means of any force, threat, intimidation, misrepresentation or false pretence; or (b) induces, or employs or instigates any other person to induce, any employee to quit the service of his employer in breach of his contract of service, unless the act tending to such inducement is lawful under the provisions of the Labour and Industrial Relations Act; or (c) forges or counterfeits or utters any testimonial, reference or other certificate of the character of an employee, or falsely personates any person and as such either verbally or in writing gives a false, forged or counterfeit character of any other person offering or intending to offer himself to hire as an employee; or (d) offers himself to hire as an employee and asserts or pretends that he has served in a service in which he has not actually served, or engages, or attempts to engage, himself as an employee by means of a false, forged or counterfeit testimonial, reference or other certificate of character, or by means of a genuine testimonial, reference or other certificate of character which has been fraudulently altered or added to either by himself or with his knowledge; or (e) by force, in any way prevents or endeavours to prevent any person from hiring himself as an employee or from accepting work from any employer; shall be guilty of an offence.
76. Any employer who before or after the expiration of a contract of Offences by service, upon demand made by a proper officer, refuses to deliver or employers permit to be taken away any property belonging to any employee lawfully being or remaining upon the premises of such employer, without reasonable and probable cause for believing that the property in question was lawfully detained, shall be guilty of an offence. 77. Any person guilty of an offence under this Act for which no other General penalty
penalty is provided shall be liable to a fine not exceeding two thousand penalty units or to imprisonment for a period not exceeding six months, or to both and, in the case of a continuing offence, to an additional fine not exceeding two hundred penalty units in respect of each day during which such offence continues. (As amended by Act No. 13 of 1994)
PART XI MISCELLANEOUS 78. (1) Every contract of service entered into before the commencement of this Act in accordance with the Employment of Natives Act, Chapter 171 of the 1964 Edition of the Laws, shall, in so far as not inconsistent with the provisions of this Act, be deemed to be a contract of service entered into under the provisions of this Act. Contracts made before commencement of Act and foreign contracts
(2) Any written contract of service entered into under the law for the time being in force in any other country, attested by a government officer of such country and performed within Zambia, shall be deemed to have been entered into under the provisions of this Act, and the said provisions shall, as far as is practicable, apply to such contract in relation to its performance in Zambia. 79. (1) Notwithstanding the provisions of subsection (2), every employer shall, on the termination of a contract of service between such employer and his employee, give to such employee a certificate of service which shall contain(a) (b) (c) (d) the name of the employer; the name of the employee; the date of engagement; the date of discharge; Certificate of service, testimonials and references
(e)
the nature of employment;
(f) the employer's account number with the Zambia National Provident Fund under which statutory contributions have been or will be remitted to the said Fund on behalf of the employee; (g) the employee's national registration number and membership number in the Zambia National Provident Fund; and (h) with effect from the 1st April, 1976, a statement showing the amount of statutory contributions and any supplementary contributions paid by the employer to the Zambia National Provident Fund during the course of such contract. (2) An employer shall not be bound to give a testimonial, reference or certificate of character to any employee at the termination of his service, but any employer who knowingly gives a false testimonial, reference or certificate of character to any employee shall be liable for any loss or damage caused thereby to any third person who, by reason-thereof, has been induced to take such employee into his service. (3) Any person who fails to give a certificate of service as required by subsection (1) shall be guilty of an offence. (As amended by Act No. 29 of 1975) 80. (1) The Minister may, by statutory instrument, make regulations for Regulations the better carrying into effect of this Act, and, in particular and without prejudice to the generality of the foregoing power, such regulations may be made for the purpose of(a) prescribing the fees and remunerations to be charged under any provisions of this Act; (b) prescribing the duties of labour officers and the form of identification documents to be issued to such officers; (c) prescribing the books, registers, accounts and other documents to be kept by employers with regard to the employment of and the wages paid to employees and providing for the inspection thereof;
(d) prescribing the particulars to be included in written contracts of service; (e) providing for further particulars to be recorded in a record of oral contract and for all other matters relating to the making and cancellation of such records; (f) providing for the classification of employees and the application to any class of employees of all or any regulations made under this section; (g) prescribing the details of notices to be displayed in terms of section fifty-two; (h) prescribing the forms to be used for the purposes of this Act;
(i) requiring returns and statistics to be furnished by employers in respect of employees; (j) prescribing the manner and form in which application shall be made for any licences issued under the provisions of this Act, the particulars to be furnished in every such application, the conditions subject to which any such licence may be issued and the form of such licence; (k) prescribing for the purpose of the classes of recruiting operations referred to in the proviso to the definition of "recruiting"(i) the limited number of employees who may be recruited by or on behalf of employers; and (ii) a limited radius from a place of employment;
(l) prescribing anything which by this Act is to be or may be prescribed. (2) Regulations made under the provisions of this section may provide for the imposition of penalties, not exceeding those laid down in section seventy-seven. (3) Regulations made under this section may make different provisions with respect to-
(a) (b) (c)
different areas of Zambia; different trades, industries or employment or classes thereof; different classes of persons.
(As amended by Act No. 15 of 1997) 81. Repealed by Act No. 8 of 1992.
SECTION 2-THE TANZANIA-ZAMBIA RAILWAY AUTHORITY (EXEMPTION) ORDER Order by the Minister 1. This Order may be cited as the Tanzania-Zambia Railway Authority Title (Exemption) Order. 2. Exemption is hereby granted to the Tanzania-Zambia Railway Authority from the operation of the following provisions of the Act: (a) the provisions of Part V requiring contracts of foreign service to be in writing, and dealing with written contracts of foreign service; (b) the provisions of section thirty-nine. Statutory Instrument 425 of 1968 Exemption
SECTION 15-PAID PUBLIC HOLIDAYS Order by the Minister
It is hereby declared that Labour Day and Independence Day in each year shall be paid public holidays. THE EMPLOYMENT REGULATIONSB [ARRANGEMENT OF REGULATIONS]
Regulation 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. Title Labour officer's certificate of appointment Record of oral contract Attestation fee Adequate housing Revoked by S.I. No. 140 of 1993 Revoked by S.I. No. 140 of 1993 Revoked by S.I. No. 140 of 1993 Employment agency to be licensed Application for renewal of licence Licence fee Form of licence Keeping of records Returns required by Labour Commissioner Maximum fees to be charged by employment agency Production of registers and records Offences
FIRST SCHEDULE-Prescribed forms SECOND SCHEDULE-Prescribed minimum standards for housing SECTION 80-THE EMPLOYMENT REGULATIONS Regulations by the Minister Statutory Instruments 370 of 1966 222 of 1967 124 of 1973 46 of 1974 214 of 1979 136 of 1981 61 of 1990 66 of 1990
123 of 1990 140 of 1993 Act No. 13 of 1994 1. These Regulations may be cited as the Employment Regulations. Title
2. A certificate of appointment or authority to be issued to a labour Labour officer's officer under section ten of the Act, shall be in the Form 1 set out in the certificate of First Schedule. appointment Record of oral 3. Every record of an oral contract of service required under the provisions of section twenty-four of the Act shall be in Form 2 set out in contract the First Schedule. 4. (1) Upon the attestation of any contract of foreign service, the Attestation fee employer, or his authorised agent, shall pay to the Government an attestation fee in respect of each person so engaged at the rate of one fee unit for every month, or part thereof, during which the said contract is to endure. (2) Where the parties to an intended contract of foreign service require a proper officer to attest the contract, they shall, either together or severally, give reasonable notice of such intention to a proper officer; and such proper officer shall satisfy himself that the said contract is in proper form and complies with the Act, and with any written law relating to immigration. (As amended by S.I. No. 66 of 1990) 5. Adequate housing required to be provided under section forty-one of Adequate the Act shall be housing which complies with the appropriate standards housing prescribed in Parts I, II and III of the Second Schedule. 6. 7. Revoked by S.I. No 140 of 1993. Revoked by S.I. No 140 of 1993.
8.
Revoked by S.I. No 140 of 1993. Employment agency to be licensed
9. An application for the grant of a licence to operate an employment agency shall be in the Form 3 in the First Schedule.
10. Application for the renewal of a licence to operate an employment Application for agency shall be made not less than six weeks prior to the date of expiry renewal of of the current licence, in the Form 4 in the First Schedule. licence 11. For the issue or renewal of a licence to operate an employment agency the fee shall be one hundred and fifty fee units. (As amended by S.I. No. 66 of 1990 and Act No. 13 of 1994) 12. (1) Every licence to operate an employment agency shall be in the Form 5 in the First Schedule. (2) Every employment agency or branch thereof shall have a licence managing its operations, and no licence shall be transferred and a person shall not use or attempt to use a licence issued to any other person. 13. (a) Every employment agency shall keep or cause to be keptadequate and proper registers showingKeeping of records Form of licence Licence fee
(i) the full names of all applicants seeking employment registered with the agency; (ii) the occupation of each applicant;
(iii) the manner and form of assistance afforded by the agency to the applicant (b) (i) (ii) records of the operation of the undertaking showingexisting vacancies notified to the agency; placings in employment made by or with the assistance of the
agency; (iii) the fees charged by the agency and particulars of fees actually paid by the applicants. 14. Every employment agency shall submit to the Labour Returns Commissioner within seven days from the end of every calendar month required by a return of operations in the Form 6 in the First Schedule. Labour Commissioner 15. An employment agency shall not charge or receive fees in excess of the following scales: (a) where employers notify a vacancy: eight fee units in respect of each vacancy filled by an employee introduced by the agency; (b) in the case of applicants: two fee units initial registration fee and up to five per centum of the applicant's first month's earnings in the event of being placed in employment by the agency. (As amended by S.I. No. 66 of 1990 and Act No. 13 of 1994) 16. Every employment agency shall produce the registers and records Production of registers and prescribed by these Regulations for inspection when required to do so records by a proper officer. 17. An employment agency whichOffences Maximum fees to be charged by employment agency
(a) fails or neglects to maintain or cause to be maintained adequate and proper registers and records required under regulation 13; or (b) charges or receives fees in excess of those prescribed by regulation 15; shall be guilty of an offence and shall be liable to a fine not exceeding eight penalty units. (As amended by S.I. No. 66 of 1990 and Act No. 13 of 1994)
FIRST SCHEDULE
PRESCRIBED FORMS
REPUBLIC OF ZAMBIA THE EMPLOYMENT ACT THE EMPLOYMENT REGULATIONS CERTIFICATE OF APPOINTMENT OR AUTHORITY No.........................ZAMBIA LABOUR DEPARTMENT This is to certify that ........................................................................................................... is employed in the Labour Department or has been authorised to act in the Labour Department as a...........................................................with effect from................................. ................................................. Labour Commissioner Date.................................................. (SPACE FOR PHOTOGRAPH OF HOLDER) ................................................. Signature of Holder (This card must be handed in on discharge)
THE EMPLOYMENT ACT THE EMPLOYMENT REGULATIONS RECORD OF ORAL CONTRACT OF SERVICE 1. Name of Employer............... 2. Address of Employer............... 3. Employer's occupation............... PARTICULARS OF EMPLOYEE
Date and place of engagement Capacity in which employed
Name
Sex
Nationality
Amount of housing allowance where (applicable)
Type of contract (e.g. daily, weekly, monthly, as the case may be)
Rate of wages (per hour, per week, per day, or per month)
Intervals at which wages are paid
Additional payment in kind (give details here)
................................................................................................................................................... ...................................................................................................................................................
Signature of Employer................................... ......................................................................... Signature of Employee................. Notes: (i) This form must be prepared in duplicate, one copy to be handed to the employee, the other to be retained by the employer; (ii) Space is provided on the reserve side of the form for subsequent changes in the employee's conditions of service or rate of pay. The employer must ensure that all such changes are duly recorded on both copies of the record. [Reverse] Details of Changes in Employee's Conditions of Service or Rate of Pay
Effective date
Type of contract
Rate of wages
Additional payment in kind (give details)
Intervals at which wages are paid
................................................................................................................................................... ................................................................................................................................................... ...................................................................................................................................................

REPUBLIC OF ZAMBIA
THE EMPLOYMENT ACT THE EMPLOYMENT REGULATIONS APPLICATION FOR ISSUE OF AN EMPLOYMENT AGENCY LICENCE PART I PARTICULARS OF APPLICANT 1. (a) Name (in full) ................................................................ ............................................. (b) Address ..................................................................... No......................... ......... Tel.
2. Nationality ........................................................................... ............................................ 3. Occupation.......................................................................... ............................................. 4. Salary ................................................................................. .............................................. 5. Give details of any qualification and/or experience which may be relevant to this application
....................................................................................... ....................................................................................... 6. Have you ever been convicted of any criminal offence?
............................................... ...............................................
Give details ....................................................................... ............................................... 7. Give names and addresses of two referees in the district in which the applicant resides: (1) ................................................................................. ................................................. ................................................................................ .................................................. (2) ................................................................................. ................................................. ........................................................................ .......................................................... 8. This application is made by me in my capacity as an employee of (state name and address of agency): .................................................................................................................................. ......................................................................................... .........................................
PART II PARTICULARS OF AGENCY 09. Give particulars of(a) any previous operation of an employment agency and details of any previous employment agency licence granted........................................................................ ............................................ ............................................................................................. ................................... ............................................................................................. ................................... (b) location and size of premises from which the agency is to operate .......................... ................................................................... ................................... ............................................................................................. ................................... (c) the major occupational groups for which it is proposed to provide service .............. ............................................................................................................................. ... ............................................................................................................................. ... 10. State fees to be charged applicants seeking employment registering with the agency .......................................................................................................................................
.. ....................................................................................................................................... .. 11. Give particulars of financial security................................................................................ ... ....................................................................................................................................... .. ......................................... Applicant Date.................................................................
REPUBLIC OF ZAMBIA

THE EMPLOYMENT ACT THE EMPLOYMENT REGULATIONS APPLICATION FOR RENEWAL OF AN EMPLOYMENT AGENCY LICENCE 1. (a) Name in full of applicant............................................................................................. ..... (b) Address ............................................................................ .. Tel. No......................... 2. Nationality ........................................................................................... ................................. 3. Occupation.......................................................................................... ................................. 4. Salary ................................................................................................. ................................. 5. Name and address of agency............................................................. ................................. ....................................................................................................... .................................
06. Give the number of the previous licence issued .............................. ................................. 07. Give details of any changes since the previous application for a licence in(i) qualifications and/or experience of the licensee; (ii) location and size of premises from which the agency is to operate; (iii) the major occupational groups for which it is proposed to provide service: ............................................................................................. .................................... ............................................................................................. .................................... 08. State the amount of fees which it is proposed to charge applicants seeking employment registering with the agency: ....................................... Applicant
Date................................................................
REPUBLIC OF ZAMBIA

THE EMPLOYMENT ACT THE EMPLOYMENT REGULATIONS Office of the Labour Commissioner, Lusaka. No.......................................... .....................................................19........ EMPLOYMENT AGENCY LICENCE LICENCE is hereby granted to..................................................................................... ......... of............................................................................................................................................ to operate an employment agency called............................................................................... . situated at ............................................................................................................................. . from the......................................................day of............................................. 19........ to the...........................................................day of........................................... 19........ ......., .........,
This licence is issued subject to the provisions of the Employment Act and the Employment Regulations made thereunder and to the following conditions ........... ............. ................................................................................................................................................ ............................................................................................................................................... . ................................................................................................................................................ ................................................................................................................................................ ............................................................ Labour Commissioner
REPUBLIC OF ZAMBIA

THE EMPLOYMENT ACT THE EMPLOYMENT REGULATIONS MONTHLY RETURN BY LICENSED EMPLOYMENT AGENCY
Name and address of licensee ..................................................................................................................................................... Name of agency............................................................................................................................................................................ District covered by the return ....................................................................................................................................................... For the month of....................................................................................., 19....... Persons on register at the end of month Vacancies notified during month Vacancies filled during month
Occupation Males:
Registrations during month
Females:
.....................................................................
Licensee Date....................................................
SECOND SCHEDULE
(Regulation 5) PRESCRIBED MINIMUM STANDARDS FOR HOUSING
PART I REQUIREMENTS FOR PERMANENT BUILDINGS

1. Walls of permanent buildings may be constructed of burnt brick or stone or concrete. Permanent buildings shall only be constructed upon foundations of cement, concrete or brickwork in cement mortar. 2. (1) The roof shall be constructed of non-inflammable material. (2) Where a "shed" or "lean-to" roof is used, the minimum height of any wall from floor level shall be as follows: (a) where the roofing is iron-2.70 m; (b) where the roofing material is concrete of not less than 7.50 cm thickness-2.50 m; (c) where the roofing material is asbestos cement of not less than 6 mm in thickness-2.50 m; (d) where the roofing material is any other substance-such height as may be prescribed by the Labour Commissioner. (3) Where a gable roof inclined at not less than 30 degrees to the horizontal is used, the height of any wall from floor level may be reduced to 2.10 m; (4) (a) Walls shall be painted or plastered externally with lime or cement mortar or other material approved by the Labour Commissioner. (b) The internal surfaces of walls up to a height of not less than 25 cm from the floor shall be smoothly plastered with hard cement plaster or other impervious material approved by the Labour Commissioner and the remainder of the internal surface of all walls shall be covered by a smooth plaster of lime or cement. 3. The floor space of any room used for sleeping purposes shall not be less than 4.20 sq m for each person occupying the room. 4. Every room shall have a window or windows of a total area of not less than one-tenth of the floor area and sufficient ventilation by two or three ventilation openings or by windows capable of being wholly or partly open so placed as to ensure through or cross ventilation. 5. Floors shall be constructed of cement concrete or of lime concrete not weaker than 1: 3: 5 and of a thickness of at least 7.50 cm. Provided that the floors of stone, burnt brick, tiles or other materials may be approved by the Labour Commissioner.
6. Where an employee is living with his wife and family, housing shall comprise of not less than two rooms of which the combined superficial floor areas shall not be less than 16.70 sq m.
PART II REQUIREMENTS FOR BOTH TEMPORARY AND PERMANENT BUILDINGS

1. A housing for the occupation of employees shall not be erected in the vicinity of any swamp or swampy area, and a space of not less than 30.50 m shall be kept clean of refuse, weeds, rank grass and undergrowth all round such house or houses. 2. A building to be used for housing employees shall not be erected on a site which is insufficiently drained or has been filled up with offensive matter unless and until such matter has been properly removed or destroyed to the satisfaction of a medical officer. 3. A dwelling shall not be deemed adequate housing in which the living rooms are arranged back to back unless at least two of the walls of the dwelling are external walls and unless adequate and direct cross-line ventilation is provided. 4. The minimum distance between houses or buildings containing dwellings shall be 7.60 m. 5. All floors shall be raised at least 10 cm above the surrounding ground and shall be maintained at this level. 6. Every external doorway shall have a suitable door properly fitted and hung for purposes of security. 7. An employer shall not allocate to any room used for sleeping purposes more than four persons except with the written consent of a proper officer. For the purpose of this paragraph, two children under ten years shall be reckoned as one person. 8. Storm water drains adequate to carry off roof drainage, surface water and flushings from quarters must be provided and properly maintained. 9. New buildings shall not be occupied until the surroundings have been cleared and all construction excavations have been filled in. 10. The walls and roof must be wind and weather proof and must be so maintained. 11. Where thatch forms the roof, the thickness of the thatch must be at least 7.50 cm where combed grass is used and 12.70 cm where uncombed grass is used, and the pitch of the roof must not be less than 45 degrees. 12. Arrangement for sleeping in tiers or bunks shall not be permitted. 13. Where cooked food is not provided by the employer each dwelling shall be provided with kitchen accommodation additional to the living and sleeping accommodation of not less than 2.25 sq m floor area and whether or not an integral part of the house, the kitchen shall be of the same standard of construction as the house.
14. Where an employer provides housing for his employees, such employer shall at all times provide sufficient and suitable sanitary convenience for such employees and their families and shall ensure that such sanitary conveniences are maintained in a clean condition.
PART III ADDITIONAL REQUIREMENTS FOR TEMPORARY BUILDINGS

1. Temporary buildings shall be destroyed or rebuilt before the 15th day of August next occurring after such temporary buildings have been in existence for twelve months, provided that an extension not exceeding a further twelve months may be granted in writing by a proper officer. 2. The floor space of any room used for sleeping purposes shall not be less than 2.80 sq m for each person occupying the room when the full complement for the accommodation of which the room is provided is present. 3. Walls constructed solely of grass and supported by poles or solely of iron or canvas are prohibited. 4. The floor, if made of mud, must be well rammed and levelled and must be maintained smooth and free from cracks. 5. If ventilation by windows or openings amounting to 0.20 sq m per occupant is not provided, an air space of not less than 10 cm must be left between the walls and roof or thatch. 6. The internal diameter of round houses shall not be less than 3.65 m in the case of rectangular buildings, the minimum floor space area shall be 11.60 sq m and no side shall be less than 2.70 m: Provided that in the case of individual single employees, rectangular houses shall have an internal measurement of 2.50 m by 2.10 m, and round houses shall have an internal diameter of 2.50 m. 7. When iron forms the roof, no wall shall be less than 2.50 m in height. When thatch or other suitable material forms the roof, no wall shall be less than 1.80 m in height. (As amended by S.I. No. 46 of 1974)
CHAPTER 269 THE INDUSTRIAL AND LABOUR RELATIONS ACT ARRANGEMENT OF SECTIONS PART I PRELIMINARY Section 1. 2. 3. Title Application and power of exemption Interpretation
PART II TRADE UNIONS 4. Definition of management
5. Rights of employees in respect of trade union membership and its activities 6. Obligations of employees in respect of trade union and its activities 7. 8. 9. 10. 11. 12. 13. 14. Registration and consequences of non-registration Acts of unregistered trade unions and their officers Application for registration of trade union Continuation of trade unions Act No. 36 of 1990 Constitution of trade union Cancellation of certificate of registration of trade union Appeal from decisions Commissioner Change of name or address of trade union
15. 16. 17.
Amalgamation of trade unions Voluntary dissolution of trade union Existing trade unions and Congress
18. Disqualification from election or appointment as officer of trade union 19. 20. 21. 22. 23. 24. 25. 26. 27. Information about elections of trade union, etc. Injunction against officer of trade union Annual report of accounts of trade union Deduction of subscription by agreement Remittance of subscription Acquisition of land by trade union Property of trade union to vest in trustees Actions by or against trustees of trade union Limitation of liability of trustees of trade union
PART III ZAMBIA CONGRESS OF TRADE UNIONS 28. 29. Continuation of Congress Constitution of Congress
30. Qualification and disqualification from election or appointment as officer of Congress 31. 32. 33. 34. 35. Information about elections of Congress etc. Injunction against officer of Congress Annual report of accounts of Congress Relations between Congress and trade unions Dispute between trade unions
PART IV EMPLOYERS' ORGANISATIONS 36. Registration and consequences of non-registration of employers' associations 37. 38. Rights of employers Employers' associations
39. 40. 41. 42.
Acts of unregistered associations and their officers Application for registration of association Continuation of associations Constitution of associations
43. Disqualification from election or appointment as officer of association 44. 45. 46. 47. 48. 49. 50. 51. 52. 53. Information about elections of association Injunction against officer of association Cancellation of certificate of registration Appeal from decisions of Commissioner Change of name or address of association Amalgamation of associations Voluntary dissolution of association Affiliation of association to Federation Act No. 36 of 1990 Annual report of accounts of association Acquisition of land by association and vesting of property
54. Actions by or against trustees of association and limitation of their liability PART V FEDERATION OF EMPLOYERS ORGANISATIONS 55. 56. 57. Continuation of Federation Constitution of Federation Relations between the Federation and employers' associations
58. Disqualification from election or appointment as officer of Federation 59. 60. Notification of results of election of Federation Annual report of accounts of Federation
PART VI FUNDS OF REPRESENTATIVE BODIES 61. 62. Objectives for which funds shall not be expended Control of funds
PART VII RECOGNITION AGREEMENTS 63. 64. 65. Registration of employers Duty to enter into recognition agreement Essentials of recognition agreement
PART VIII COLLECTIVE AGREEMENTS 66. 67. 68. 69. 70. 71. 72. 73. 74. Establishment of Joint Council Constitution of Joint Council Collective agreements Obligations of bargaining unit Lodging of collective agreements Approval of collective agreements Variation of collective agreement Extension if collective agreement in force Collective agreements by joint councils
PART IX SETTLEMENT OF COLLECTIVE DISPUTES 75. 76. Court 77. 78. Collective disputes Dispute to be referred to conciliator, board of conciliation or to Approval of settlement by conciliation Failure to reach settlement by conciliation
PART X TRIPARTITE CONSULTATIVE LABOUR COUNCIL 79. 80. 81. Consultative Labour Council Chairman and Vice-Chairman of Council Proceedings of Consultative Council
82. 83.
Committees of Council Functions of Council
PART XI INDUSTRIAL RELATIONS COURT 84. 85. 86. 87. 88. 89. 90. 91. 92. 93. 94. 95. 96. 97. Continuation of Court Jurisdiction of Court Composition of Court Registrar and other officers of Court Assessors Proceedings of Court Declaration of Court Representation of parties Powers to summon witnesses Power to obtain evidence Judgment of Court Publication of judgments of Court Rules of Court Appeals to Supreme Court
PART XII GENERAL Section 98. Immunity of officials of trade union, Congress, associations and Federation 99. 100. 101. Conspiracy in collective disputes Breach of contract involving injury to persons or property Prohibition from participating in lockouts or strikes
102. Attendance at or near place of residence, business or employment for certain purposes 103. 104. 105. Attendance at or near a place of residence Obstructing Commissioner, etc. Prosecution of offences
106. 107. 108. 109. 110. 111. 112. 113.
General penalty Essential Service certificates Restriction on discrimination in employment Conduct of ballots Complaints against irregularities in elections Report to National Assembly Regulations by Minister Repeal and Savings
CHAPTER 269
INDUSTRIAL AND LABOUR RELATIONS An Act to revise the law relating to the formation of trade unions and employers' representative organisations, including the formation of federations of trade unions and federations of employers organisations, recognition and collective agreemebts, settlement of disputes, strikes, lockouts, essential services and the Tripartite Labour Consultative Council; the Industrial Relations Court; to repeal and replace the Industrial Relations Act, 1990; and to provide for matters connected with or incidental to the foregoing. [30th April, 1993] PART I PRELIMINARY
Act No. 27 of 1993 13 of 1994 30 of 1997
1. This Act may be cited as the Industrial and Labour Relations Short Title (Amendment) Act, 1997, and shall be read as one with the Industrial and Cap. 269 Labour Relations Act, in this Act referred to as the principal Act.. 2. (1) Subject to subsection (2), this Act shall not apply toApplication and power of exemption
(a) (b) (c) (d)
the Zambia Defence Force; the Zambia Police Force; the Zambia Prison Service; the Zambia Security Intelligence Service; and
(e) Judges, registrars of the court, magistrates and local court justices. (2) The Minister may, after consultation with the Tripartite Consultative Labour Council, by statutory instrument, and subject to such conditions as he may prescribe, exempt any person or class of persons or any trade, industry or undertaking from all or any of the provisions of this Act, or any regulation or order made, or any direction given, in pursuance of this Act. (3) The Companies Act, the Societies Act and the Co-operatives Societies Act shall not apply to any trade union or association. Cap. 388 Cap. 119 Cap. 397
(4) Any organisation which is intended to carry out activities of a trade Cap. 388 Cap. 119 union or an employers' association shall be registered only under this Act and any registration under the Companies Act, the Societies Act and Cap. 397 the Co-operative Societies Act shall be void. 3. (1) In this Act, unless the context otherwise requires"bargaining unit" means(a) the management of the undertaking and the trade union representing employees in such undertaking where collective bargaining is at the level of an undertaking, other than an industry; and (b) the negotiating team representing the employers' organisation and the negotiating team representing the trade union in the industry concerned where collective bargaining is at level of an industry; "Chairman" means the person appointed Chairman of the Court under section eighty-six; "collective agreement" means an agreement negotiated by an appropriate bargaining unit in which the terms and conditions affecting the employment and remuneration of employees are laid down; "collective bargaining" means the carrying on of negotiations by an appropriate bargaining unit for the purpose of concluding a collective agreement; "collective dispute" shall be construed in accordance with section seventy-five; "Commissioner" means the Labour Commissioner; Interpretation Cap. 268
"Congress" means the Zambia Congress of Trade Unions continued under section twenty-eight; "Court" means the Industrial Relations Court established under section eighty-four; "deadlock" means a situation arising out of a collective dispute where the parties to the dispute have exhausted the procedure, whether formal or otherwise, mutually agreed to by the parties for the settlement of the dispute, where conciliation in terms of section seventy-eight has proved unsuccessful, and where either or both parties are of the opinion that further negotiations are unlikely to lead to the settlement of the dispute; "Deputy Chairman" means the person appointed Deputy Chairman of the Court under section eighty-six; "eligible employee" means a unionisable employee other than a member of the management of an undertaking; "employee" means any person who has entered into, or works under, a contract of employment with an employer whether such contract is express or implied, oral or written, or serving a probationary period of employment, a casual employee, an employee specifically engaged on a temporary basis for work of an intermittent or seasonal nature; "employer" means any person who, or body of persons, firm, company, corporation or public authority which, has entered into a contract to employ any person and includes any agent, representative or manager of such person, body of persons, firm, corporation, company or public authority who is placed in authority over the persons employed; "employers' organisations"(a) means any group of employers registered under this Act whose principal objectives are the representation and promotion of employers' interest and the regulation of relations between employers and employees or between employers and trade unions; and (b) includes a federation of employers organisation; "essential service" shall be construed in accordance with section one hundred and seven; "executive board" means the duly elected executive committee of a representative body; "executive officer" means a person elected or appointed by a representative body to be responsible for the day to day administration, management and organisation of that representative body; "Federation" means the Zambia Federation of Employers continued under section fifty-five; "federations of employers' organisations" means any organisation
whose membership consists wholly mainly of(a) registered employers organisations which are affiliated to the organisation; or (b) individual employers who are not members of any employers' organisation and whose principal objectives include the regulation of relations between employers affiliated to the federation of employers' organisations and trade unions and federations of trade unions; "federation of trade unions" means an organisation whose membership consists of registered trade unions affiliated to such federation and whose principal objectives are the promotion and regulation of relations between the trade unions affiliated to the federation or between employees, their trade unions, employers and employers' organisations; "lock-out" means the closing down of a place of employment or the suspension of work, or the refusal by an employer to continue to employ any number of persons employed by him, as a result of a dispute, and done with a view of compelling those persons, or to aid another employer in compelling those persons or to aid him, to accept terms or conditions of employment or terms of conditions affecting employment; "member" means a member of the union; "officer of a trade union" means a duly elected or appointed office holder of a trade union including a trustee, but does not include its employees; "officer of an employers' organisation" means a duly elected or appointed office holder of an employers' organisation, who shall not be an employee of that organisation; "proper officer" means a labour officer as defined in section three of the Employment Act; "recognition agreement" means an agreement described in Part VII; "Registrar" means the person appointed Registrar of the Court under section eighty-seven; "representative body" means a trade union, a federation of trade unions, an employers' organisation and a federation of employers organisations or any other representative body registered under this Act; and "strike" means the cessation of work or withdrawal of labour contrary to the terms and conditions of a contract by a body of persons employed in any undertaking acting in combination; or a concerted refusal or a refusal under a common understanding of any number of persons who are so employed to continue to work or provide their labour; "trade union"
(a) means any group or organisation of employees registered as a trade union under this Act whose principal objectives are the representation and promotion of interests of the employees and regulation of relations between employees and employers; and (b) includes a federation of trade unions; "trustee" in relation to a representative bidy means a person elected or appointed to the post of trustee; "undertaking" means any company, firm, trade, business, industry or any other kind of enterprise, any statutory board or corporation or any local or public authority or any branch or autonomous division thereof. (As amended by Act No. 30 of 1997)
PART II TRADE UNIONS 4. An employee shall cease to be an eligible employee and become a member of management if the employee(a) is empowered to make management decisions; (b) is entrusted with personnel management and industrial relations functions; or (c) reports directly to the Chief executive: Provided that where there is a disagreement on the point when an eligible employee becomes a member of management, the matter shall be referred to the Minister for resolution, subject to appeal to the Court. 5. Notwithstanding anything to the contrary contained in any other written law and subject only to the provisions of Constitution and this Act every employee shall have the following rights: (a) the right to take part in the formation of a trade union; (b) the right to be a member of a trade union of that employee's choice; (c) the right, at any appropriate time, to take part in the activities of a trade union including any activities as, or with a view to becoming, an officer of the trade union, seeking election or accepting appointment, and if so elected or appointed, to hold office as such officer subject only Rights of employees in respect of trade union membership and its activities Cap. 1 Definition of management
to the constitution of the trade union concerned; (d) the right to obtain leave of absence from work in the exercise of the rights provided for in paragraph (c) and the leave applied for shall not be unreasonably withheld by the employer; (e) the right not to be prevented, dismissed, penalised, victimised or discriminated against or deterred from exercising the rights conferred on the employee under this Act; (f) the right of any employee not to be a member of a trade union or to be required to relinquish membership; (g) the right not to be dissmissed, victimised or prejudiced for exercising or for the anticipated exercise of any right recognised by this Act or any other law relating to employment; or for participating in any proceedings relating thereto; (h) the right not to do work normally done by an employee who is lawfully on strike or who is locked out, unless such work constitutes an essential service, or if on request the employee voluntarily waives the right specified under this Act; (l) the right not to be dissmissed, penalised or disciplined on the grounds that the employee(i) has been or is a complainant or witness or has given evidence in any proceedings, whether instituted against the employer before the Court or any other court; or (ii) is entitled to a reward, benefit or compensation against any employers, organisation or class of employers to which the employer of that employee belongs or against any other person, in consequence of a decision made by a court in favour of that employee or in favour of a trade union or class of employees to which the employee belongs. (2) Any employee who has reasonable cause tio believe that the employee's services have, or employment has, been terminated or that the employee has suffered any penalty, disadvantage or victimisation for exercising or in connection with the exercise of any rights specified under this section may(a) within thirty days after exhausting administrative channels available to that employee in the employing undertaking; or
(b) where administrative channels are not available, within thirty days of that termination of services or employment, or of knowing that the employee has suffered any penalty, disadvantage or victimisation; may lay a complaint before the Court. (3) The Court shall, if it finds in favour of the complainant(a) grant to the complainant damages or compensation for loss of employment; (b) make an order for re-employment or re-instatement; or (c) make such other order as it may consider appropriate in the circumstances. (4) No employer or employer's organisation or any person acting on behalf of the employer or employers' organisation shall render financial or other assistance in any form to any trade union or any officer or member thereof with the subject of exercising any cintrol over, or influence in, the activities of such trade union. (5) Any person or employer or employers' organisation who, or which, contravenes the provisions of subsection (4) shall be guilty of an offence, and shall be liable upon conviction, to a fine not exceeding two thousand seven hundred and seventy-eight penalty units and may be prohibited from holding office in an employer's organisation for such period as the Court may determine. (As amended by Act No. 13 of 1994 and as repealed and replaced by Act No. 30 of 1997)) 6. Every employee shall promote, maintain and co-operate with the management of the undertaking in which the employee is employed in the interest of industrial peace, greater efficiency and productivity. Obligations of employees in respect of trade union and its activities Registration and consequences of non-registration
7. (1) Every trade union shall within six months from the date of formation, and subject to section nine, apply to the Commissioner for registration under this Act; and. .
(2) If the Commissioner refuses to register a trade union, the Commissioner shall notify the trade union of such refusal and the trade union shall be dissolved within six months from the date of the notification. (3) Every trade union which is not registered or dissolved, as the case may be, within the period prescribed in subsection (1) or (2), and every officer of such trade union, shall be guilty of an offence and liable, upon conviction, to a fine not exceeding four penalty units for every day that it remains unregistered or undissolved, as the case may be, after the expiration of such period, and every such officer may in addition be prohibited from holding office in any other trade union for such period as may be determined by the Court. (As amended by Act No. 13 of 1994 and Act No. 30 of 1997) 8. (1) No trade union or officer shall perform any act in furtherance of Acts of unregistered the objects for which it has been formed unless such trade union is trade unions registered under this Act. and their officers (2) Any trade union which, or officer who, contravenes subsection (1) shall be guilty of an offence and liable upon conviction to a fine not exceeding two hundred penalty units, and every such officer may in addition be prohibited from holding office in any other trade union for a period determined by the Court. (As amended by Act No. 13 of 1994) 9. (1) An applicatio to redister a group of employees as a trade union shall be submitted to the Commissioner in such from as may be prescribed by the Minister. (2) An application to register a group of employees as a trade union shall be signed by not less than fifty supporters or such lesser number as may be prescribed by the Minister and shall be accompanied by(a) two duly certified copies of the constitution of the proposed trade union; (b) such other information or document as may be required by the Commissioner by notice in writing addressed and delivered to the Application for registration of trade union
executive officer of the trade union within such period as may be determined by the Commissioner and specified in such notice. (3) On being satisfied that an application for registration as a trade union has complied with the conditions of registration prescribed under this Act and that the constitution of the proposed trade union provides for matters set out in the Schedule to this Act, the Commissioner shall register the group of employees as trade union and issue the trade union with certificate of registration in the prescribed form, upon payment of the prescribed fee. (4) A cetificate of registration issued under subsection (3) unless proved to have been withdrawn or cancelled, shall be prima facie evidence that provisions of this Act relating to registration have been complied with. (5) A group of employees shall not be registered as trade union under this section(a) under a name identical to, or by which, any other trade union has benn registered or so nearly resembles such name as to be likely to deceive its own members or members of the public; or (b) if it does not comply with the conditions of registration prescribed, in consultation with the Tripartite Consultative Labour Council, under this Act. (As repealed and replaced by Act No. 30 of 1997
10. Every trade union established by, and registered in accordance with, section six of the Industrial Relations Act, 1990, is hereby continued as if established and registered under this Act.
Continuation of trade unions Act No. 36 of 1990
11. (1) The Constitution of a trade union in force immediately before Constitution of the commencement of this Act shall continue in force in so far as it is not trade unions written law or until it is amended or replaced under this Act. Cap. 1 (2) The Constitution of every trade union registered under this Act and every amended thereof shall be registered with the Commissioner and shall be accompanied by a duly certified copy of the resolution adopting the constitution or amendment thereof signed by the executive board.
(3) The Constitution of every trade union registered under this Act(a) shall not be amended to the extent that the amendment becoes inconsistent with the freedom of association enshrined in Constitution or with any other written law; and (b) shall include provisions set out in the Schedule to this Act. (As repealed and replaced by Act No. 30 of 1997) 12. (1) The Commissioner shall, after obtaining the approval of the Minister, cancel the certificate of registration of a trade unionCancellation of certificate of registration of trade union
Cap. 1
(a) at the request of the trade union which has resolved to be dissolved and an application has been made in the prescribed form; (b) if the certificate of registration has been obtained by fraud or mistake; (c) if the trade union has wilfully violated any of the provisions of this Act; or (d) if the trade union is dormant.
(2) Where the Commissioner intends to cancel the certificate of registration under paragraph (b) or (c) of subsection (1), he shall, at least three months before cancelling the certificate, give notice in writing to the union and the union may make representations to the Commissioner within that period of notice. (3) The Commissioner may, after receipt from the trade union of representations, if any, and after the expiration of the three months notice, cancel the certificate of registration and shall notify the trade union accordingly. (4) A trade union whose registration is cancelled shall have a right of appeal to the Court in accordance with the provisions of section thirteen.
(5) A trade union whose certificate of registration has been cancelled under this section shall, from the time of such cancellation, cease to operate as a trade union and shall be dissolved unless an appeal against such cancellation is preferred under section thirteen to the Court: Provided that in the case of any cancellation, other than cancellation made under paragraph (a) of subsection (1), in respect of which no appeal is preferred to the court, the cancellation shall not have effect until the Court confirms the cancellation. 13. (1) Any person aggrieved by any refusal of the Commissioner to Appeal from register a trade union, or by any decision to register an organisation as a decisions Commissioner trade union, or by the cancellation of a certificate of registration, may appeal, to the Court not later than thirty days after the notification of such refusal, decision or cancellation, as the case may be. (2) The Commissioner shall have the right to be heard on any appeal preferred under subsection (1). (3) The Chairman may make rules governing such appeals, providing for the method of tendering evidence, prescribing the procedure to be followed, the fees to be paid, and notices to be given to the Commissioner. (4) The Court, in an appeal referred to in subsection (1), may(a) set aside the decision of the Commissioner refusing the registration of a trade union or cancelling a certificate of registration, if it is satisfied that grounds exist which qualify or entitle such trade union to be registered, or if it is satisfied that the cancellation of the certificate of registration should not have been made; and order the Commissioner to register the trade union or order the Commissioner to restore the certificate of registration subject to such conditions, if any, as the Court may specify; (b) dismiss the appeal; or (c) make such other as it considers appropriate in the circumstances. (As amended by Act No. 30 of 1997)
14. (1) Subject to subsection (5) of section nine, a trade union may, in accordance with the provisions of its constitution, change its name.
Change of name or address of trade union
(2) Notice in writing of every change of name, signed by seven members, and countersigned by the executive officer of the executive committee of a trade union, shall be sent to the Commissioner within thirty days of the change, and the Commissioner shall register the change of name if he is satisfied that the change complies with subsection (1). (3) No change of name shall affect any right or obligation of a trade union or of any member, and legal proceedings in respect of such right or obligation may be commenced or, if pending, continued by, or against, the trustees of the trade union or any other officer who may sue or be sued on behalf of such trade union, notwithstanding its new name. (4) Notice in writing of every change in the address of the registered office of a trade union shall be sent to the Commissioner within thirty days of the change, and the Commissioner shall register the change of address. (5) Failure to send a notice as required by subsection (2) or (4), as the case may be, shall render the executive officer of a trade union liable, upon conviction, to a fine not exceeding twenty penalty units for every day during which the failure continues. (As amended by Act No. 13 of 1994 and Act No. 30 1997) 15. (1) Two or more trade unions may, in accordance with the provisions of their respective constitutions, amalgamate as one trade union and the new trade union so formed shall be registered in accordance with the provisions of this Act. (2) Any legal proceedings in respect of any rights or obligations of a trade union which has amalgamated with another trade union may be commenced, be continued, if pending, by, or against, the trade union formed as a result of the amalgamation. Amalgamation of trade unions
16. (1) When it is intended to dissolve a trade union voluntarily, notice Voluntary of such intention, signed by the members of the executive committee of dissolution of the trade union and a copy of the resolution to dissolve the trade union, trade union shall be sent to the Commissioner with a copy to a federation of trade unions, if the trade union is affiliated to it, and the Congress may comment on the intended dissolution within fourteen days of the receipt of the notice. (2) If the Commissioner is satisfied that the intended dissolution of a trade union is in accordance with its constitution, the Commissioner shall approve the dissolution of such trade union. (3) The Commissioner shall notify his approval to the trade union, a federation of trade unions, if the trade union is affiliated to it. (4) The dissolution shall become effective from the date the Commissioner approves such dissolution. (5) Where a trade union is dissolved under subsection (2) or dissolved under subsection (5) of section twelve(a) the property of the trade union shall vest in the liquidator appointed by the Commissioner who shall have all the powers to recover, realise and sell such property as a trustee in bankruptcy has in relation to bankrupt's property under the Bankruptcy Act and Part V of the Bankruptcy Act relating to remuneration and costs shall, with the necessary modifications, apply to such liquidator; (b) the liquidator shall proceed to wind up the affairs of the trade union and, after satisfying and providing for all the debts or other liabilities of the trade union, prepare a scheme for the application of its remaining assets or property for purposes likely to benefit the former members of the dissolved trade union; or distribute the assets or property or the proceeds among its former members, as the Commissioner may determine. (6) No action or other proceedings shall lie or be instituted against the liquidator in respect of anything done or omitted to be done in good faith in the exercise or purported exercise of his functions under this Act. Cap. 82 Cap. 82
(As amended by Act No. 30 of 1997) 17. (1) From the commencement of this ActExisting trade unions and Congress
(a) a trade union with a valid certificate of registration issued before Act No. 36 of the commencement of this Act and which was affiliated to the Congress 1990 before the commencement of this Act, shall, subject to paragraph (b) continue to be affiliated to it; (b) a trade union affiliated to the Congress before the commencement of this Act may, in accordance with the provisions of its constitution, cease to be affiliated to the Congress; (c) a trade union registered under this Act may, in accordance with its constitution, be affiliated to a federation of trade unions of its choice; (d) two or more registered trade unions which have ceased, in accordance with their constitutions, to be affiliated to the congress, or which were not affiliated to the Congress or a federation of trade unions may, in accordance with their constitutions, establish or form a federation of trade unions of their choice and shall register the federation under this Act; and (e) a registered trade union affiliated to a federation of trade unions shall have rights and priviledges specified in the constitution of that federation of trade unions. (2) Every registered trade union shall, upon request, supply a copy of its current constitution to every person who becomes a member of that trade union. (3) Any person who, with intent to mislead or defraud(a) gives to any member of a registered trade union or to any person intending or applying to become a member of such trade union, a copy of a constitution or any amendment to it other than the current version purporting that it is the current constitution of such trade union or current amendment to it, as the case may be; or
(b) gives to any person a copy of any constitution purporting it to be a constitution of a registered trade union when it is not registered; shall be guilty of an offence and shall be liable, upon conviction(i) for misleading, to a fine not exceeding four hundred penalty units; or (ii) to a fine not exceeding eight hundred penalty units where there was an intention to defraud; and in addition, may be prohibited from holding office in a trade union for such period as the Court may determine. (As amended by Act No. 13 of 1994 and Act No. 30 of 1997) 18. (1) No person shall be qualified for election or appointment as an officer of a trade union if heDisqualifica-tion from election or appointment as officer of trade union
(a) has not been engaged or employed for a period of twelve months or more in the trade, occupation or industry with which the trade union is directly concerned: Provided that the trade union may, if satisfied as to the suitability of a particular candidate, allow him to stand for such election, or be appointed, notwithstanding that he has been so engaged or employed for a period of less than twelve months; (b) having been an officer (or a member of the executive) of a trade union whose certificate of registration has been cancelled under section eleven, fails to satisfy the Commissioner that he did not contribute to the circumstances leading to such cancellation; (c) has been convicted of an offence involving dishonesty within a period of five years preceding the election or appointment; (d) (e) is an undischarged bankrupt; is of unsound mind; or
(f) has been suspended, under its constitution, from holding office in the trade union and his suspension has not been revoked, or the period
for which he was suspended has not expired. (2) An officer of a trade union shall cease to hold office if any circumstances arise which would disqualify him under subsection (1) for election as an officer. (3) No person who is a full-time officer of a trade union shall be a full-time officer of any other trade union or of a federation of trade unions unless he resigns from his first office. (4) The Commissioner may call for such documentation and information, as he may think necessary, from the executive committee or any officer of a trade union in order to ensure that the provisions of this section are being complied with. (5) Any person who acts or purports to act as an officer of a trade union after being disqualified under this section to hold office in a trade union shall be guilty of an offence and liable, upon conviction, to a fine not exceeding four hundred penalty units and in addition may be prohibited from holding office in any trade union for a period determined by the Court. (As amended by Act No. 13 of 1994 and Act No. 30 of 1997) 19. (1) Where a trade union holds an election to fill any office, the trade union shall, within thirty days of the election or appointment, notify, in writing, the Commissioner, and a federation of trade unions, if the trade union is affiliated to it, of the result of the election or appointment, as the case may be. (2) Failure to comply with subsection (1) shall render the executive officer of the trade union guilty of an offence and liable, upon conviction, to a fine not exceeding ten penalty units for every day during which such failure continues. (3) The name and office of every office holder and trustee of the trade union shall be exhibited in a prominent place at the registered office, and at every branch office, of the trade union. (As amended by Act No. 13 of 1994 and Act No. of 1997) Information about elections of trade union, etc
20. (1) Any member or officer of a trade union or any officer of a Court process federation of trade unions, if the trade union is affiliated to it, who has against officer reasonable grounds to believe that a person who is disqualified from of trade union holding office has been elected or appointed as an officer of trade union or that there is a reasonable case against such person fro the fraudulent misuse of trade union funds, may, not later than thirty days from the date of election or appointment to the office or becoming aware of the fraudulent misuse of trade union funds, apply to the Court and the Court may grant such relief or remedy as it may consider just in the circumstances. (As amended by Act No. 30 of 1997) 21. (1) As soon as practicable, but not later than twelve months after the Annual report expiry of each financial year of the trade union, the executive officer of of accounts of every trade union shall submit to the Commissioner a report concerning trade union the financial affairs of the trade union during that financial year. (2) The report referred to in subsection (1) shall include information on the financial affairs of the trade union and there shall be appended to it(a) (b) (c) an audited balance sheet; an audited statement of revenue and expenditure; and such other information as the Commissioner may require.
(3) An executive officer of a trade union who, without good cause, fails to comply with this section shall be guilty of an offence and liable, upon conviction, to a fine not exceeding two hundred penalty units and may be prohibited from holding office in any trade union for a period not exceeding five years. (As amended by Act No. 13 of 1994) 22. (1) An employer may, by agreement with an eligible employee, Deduction of deduct the amount of subscription prescribed by the constitution of the subscription by trade union from the wages of such eligible employee if the employee is agreement a member of such trade union. (2) An eligible employee may, at any time, withdraw the agreement
referred to in subsection (1), by giving three months notice, in writing, to the trade union concerned. (As amended by Act No. 30 of 1997)
23. An employer shall, not later than fourteen days after the end of each Remittance of month, remit the subscription in the manner prescribed in the agreement. subscription (As amended by Act No. 13 of 1994 and Act No. 30 of 1997) 24. A trade union may purchase or take on lease in the name of the trustee of the trade union any land and sell, exchange, mortgage or let the land, and no purchaser, assignee, mortgagee or tenant shall inquire whether the trustee has authority for the sale, exchange, mortgage or letting, and the receipt of the trustees shall be a valid discharge for the moneys arising therefrom. 25. All real and personal property belonging to any trade union shall vest in trustees of the trade union, for the use and benefit of the trade union and the members. Acquisition of land by trade unions
Property of trade union to vest in trustees
26. The trustees of a trade union, or any other officer of the trade Actions by or union, who may be authorised so to do by the constitution shall have against trustees power to bring or defend or cause to be brought or defended, any action, of trade unions suit or proceedings, whether civil or criminal, as the case may be, in any court of law, concerning the property, or any right or claim to property of the trade union and shall have power in all cases concerning the real or personal property of the trade union, to sue and be sued in court, in their proper names, without other description than the title of their office. 27. A trustee of a trade union shall not be liable to make good any deficiency occurring in the funds of the trade union unless such deficiency occurred due to neglect or wilful default on the part of the trustee. Limitation of liability of trustees of trade unions
PART III FEDERATION OF TRADE UNIONS
28. The Congress formed and registered before the commencement of Continuation of this Act, shall continue to exist as a body corporate and shall be deemed Congress as to be registered as a federation of trade unions under this Act. federation of trade unions (As repealed and replaced by Act No. 30 of 1997) 29. The provisions of section eleven shall, with necessary modification Constitution of apply, to a federation of trade unions registered under this Act. federation of trade unions (As repealed and replaced by Act No. 30 of 1997) 30. (1) No person shall be qualified for election or appointment as an officer of a federation of trade unions ifQualification and disqualification from election or appointment as officer of a federation of trade unions
(a)
he has been an officer, or a member of the executive, of a trade union the certificate of registration of which has been cancelled under section twelve and he fails to satisfy the Commissioner that he did not contribute to the circumstances leading to such cancellation or dissolution; he has been convicted of an offence involving dishonesty within five years preceding the election or appointment; he is an undischarged bankrupt; he is of unsound mind; he has been suspended, under the Constitution of a federation of trade unions, from holding office in a federation of trade unions and his suspension has not been revoked, or the period for which he was suspended has not expired.
(b)
(c) (d) (e)
(2) An officer of a federation of trade unions shall cease to hold office if any circumstances arise which would disqualify him under subsection (1) for election as an officer.
(3) No person who is a full time officer of a federation of trade unions shall be a full time officer of any trade union. (4) The Commissioner may call for such documentation and information, as he may think necessary, from the executive committee or any officer of a federation of trade unions to ensure that the provisions of this section are complied with. (5) Any person disqualified under this section to hold office in a federation of trade unions who acts or purports to act as an officer of a federation of trade unions, shall be guilty of an offence and shall be liable, upon conviction, to a fine not exceeding four hundred penalty units and may be prohibited from holding office in a trade union for a period determined by the Court. (As amended by Act No. 13 of 1994 and Act No. 30 of 1997) 31. (1) Where a federation of trade unions holds an election to fill any office in a federation of trade unions or makes an appointment to any office, the executive officer of a federation of trade unions shall, within thirty days of such election or appointment, notify the Commissioner, in writing, of such appointment or of the result of such election, as the case may be. (2) Failure to comply with subsection (1) shall render the executive officer of a federation of trade unions guilty of an offence and liable upon conviction, to a fine not exceeding ten penalty units for every day during which such failure continues. (3) The name and office of every office holder and trustee of a federation of trade unions shall be exhibited in a prominent place, where possible, at the registered office, and at every registered office of the affiliates of a federation of trade unions. (As amended by Act No. 13 of 1994 and Act No. 30 of 1997) 32. Any member or officer of a trade union affiliated to a federation of trade unions may apply to the Court for an injunction prohibiting an officer of a federation of trade unions from holding office or dealing with the funds of a federation of trade unions, and the Court may, if it is Injunction against officer or a federation of trade unions Information about elections of a federation of trade unions, etc
satisfied that such officer of a federation of trade unions is disqualified under section thirty from holding office in a federation of trade unions or that there is a pending case against such officer for the fraudulent misuse of the funds of a federation of trade unions, grant such application and make the necessary order. (As amended by Act No. 30 of 1997) 33. Section twenty-one shall apply, with the necessary modifications, to Annual report a federation of trade unions and its executive officer. of accounts of a federation of (As amended by Act No. 30 of 1997) trade unions 34. (1) Notwithstanding the other provisions of this Act relating to the affiliation of trade unions to a federation of trade unions, each trade union shall maintain its separate status and shall have the right to organise itself as it considers fit in accordance with its constitution. (2) A federation of trade unions shall have no jurisdiction over any trade union affiliated to it in any domestic management or domestic matter unless such matter has been referred to the Congress by the trade union. (3) A trade union or a federation of trade unions may affiliate to a trade union or organisation outside Zambia by a simple majority decision of the members present and voting at a general conference of the trade union or a federation of trade unions and shall inform the Commissioner within twenty-one days of such affiliation. (4) A trade union or a federation of trade unions may receive outside material, technical or financial assistance and shall inform the Minister of such assistance within thirty days of such receipt. (5) Subject to the other provisions of this Act, a federation of trade unions shall have general jurisdiction over trade unions affiliated to it, on(a) any issue requiring adoption of a common policy position affecting the affiliated trade unions; the provision of professional and technical advisers to trade unions involved in negotiations with employers associations or Relations between a federation of trade unions
(b)
litigation; and (c) the submission of such information, data, documentation, annual reports and financial statements as a federation of trade unions may stipulate from time to time. (As amended by Act No. 30 of 1997) 35. (1) Where a dispute arises between two or more trade unions affiliated to the same federation of trade unions, the parties to that dispute shall refer the dispute to the federation of trade unions for resolution by reconciliation. (2) If a federation of trade unions fails to resolve the dispute, such dispute shall be referred to it under subsection (1), the dispute shall be referred to the Commissioner for arbitration, subject to appeal to the Court. (3) Where the dispute involves trade unions not affiliated to any federation of trade unions, or any party to that dispute is not affiliated to any federation of trade unions, either party to the dispute may refer the dispute to the Commissioner for arbitration, subject to appeal to the Court.. (As repealed and replaced by Act No. 30 of 1997) Dispute between trade unions
PART IV EMPLOYERS' ORGANISATIONS 36. (1) Every emploters' organisation shall, subject to section forty, apply to the Commissioner for registeration under this Act within six months from the date of its formation.
Registration and consequences of non-registration of employers' associations
(2) If the Commissioner refuses to register an association, the association shall be dissolved within six months from the date of the notification of the refusal to register(3) Every officer of an employers organisation which is not registered or dissolved, as the case may be, within the period prescribed in subsection (1) or (2), shall be guilty of an offence and shall be liable, upon
conviction, to a fine not exceeding one hundred and eleven penalty units for every day that the employers' organisation remains unregistered or undissolved, as the case may be, after the expiration of such period, and in addition, every such officer may be prohibited from holding office in any employers' organisation for such period as may be determined by the Court. (As amended by Act No. 30 of 1997) 37. (1) Subject to this ActRights of employers
(a)
employers shall have the right to participate in the formation of, and to join, an association and to participate in the lawful activities of such employers' organisation; nothing contained in any law shall prohibit any employer from being or becoming a member of any employers' organisation lawfully in being or subject the employer to any penalty by reason of the employers' membership of any such employers' organisation; no person shall impede, interfere with, or coerce, an employer in the exercise of his rights under this Act; no person shall subject an employer to any form of discrimination on the ground that the employer is or is not a member of any employers' organisation; no person shall subject another person to any form of discrimination on the ground that the person holds office in an association; and no person shall impede or interfere with the lawful establishment administration or functioning of an employers' organisation
(b)
(c)
(d)
(e)
(f)
(2) No employee shall cease or suspend doing work for his employer on the ground that the employer(a) is or is not a member or holds or does not hold office, in an employers' organisation;
(b)
participates in the lawful activities of an employers' organisation; has appeared as a complainant or as a witness or has given evidence in any proceedings before the Court or any other court; or
(c)
(d) is or has become entitled to any advantage, award, benefit or compensation in consequence of a decision made by the Court or any other court in favour of the employer, or in favour of an employers' organisation or class or category of employers to which such employer belongs, either against such employee or against the trade union or class or category of employees to which such employee belongs or against any other person. (3) Any person who contravenes any provisions of this section shall be guilty of an offence and shall be liable, upon conviction, to a fine not exceeding four hundred penalty units and may be prohibited from holding office in a trade union for such period as the Court may determine. (As amended by Act No. 13 of 1994 and Act No. 30 of 1997) 38. (As amended by Act No. 13 of 1994 and repealed by Act No 30 of 1997) 39. (1) No employers' organisation or any of its officers shall perform Acts or any act in furtherance of the objects fro which it has been formed unless unregistered employers' such employers' organisation is registered under this Act. organisation (2) Where an employers' organisation, or any of its officers, contravene and its officers subsection (1), every officer of the employers organisation shall be guilty of an offence and shall be liable, upon conviction, to a fine not exceeding two hundred penalty units, and every officer may, in addition, be prohibited from holding office in any other employers organisation for such period as may be determined by the Court. (As repealed and replaced by Act No. 30 of 1997) 40. (1) An application for registration as an employers' organisation Application for shall be submitted to the Commissioner in such form as may be registration of prescribed by the Minister. association (2) Every application to register as an employers' organisation shall be
submitted under subsection (1) by not less than five members of the proposed employers' organisation or such a lesser number as Commissioner may accept to form an employers' organisation and shall be accompanied by(a) two duly certified copies of the constitution; and (b) such other information or documents as may be required by the commissioner by notice in writing addressed and delivered to the prospective officers of the proposed employers organisation within such period as may be determined by the Commissioner and specified in such notice. (3) On being satisfied that the organisation applying for registration as an employers' organisation has complied with the provisions of registration under this Act and that its constitution provides for matters set out in the Schedule to this Act, the Commissioner shall register the organisation as an employers' organisation and issue the employers' organisation with a certificate of registration in prescribed form upon payment of the prescribed fee. (4) A certificate of registration issued under subsection (3) unless provided to have been withdrawn or cancelled, shall be prima facie evidence that the provisions of this Act relating to registration of employers' organisations have been complied with. (5) No organisation shall be registered as an employers' organisation(a) under a name identical to, or by which, any other employers' organisation has been registered or so nearly resembles such name as to be likely to deceive its own members or members of the public; or (b) if it does not comply with the conditions of registration prescribed, in consultation with the Tripartite Consultative Labour Council, under this Act. (As amended by Act No. 30 of 1997) 41. Every employers' organisation established by, and registered in Continuation of accordance with, section thirty-nine of the Industrial Relations Act, employers' 1990, is hereby continued as if established and registered under this Act. organisation Act No. 36 of (As amended by Act No. 30 of 1997) 1990 42. (1) The constitution or every employers' organisation in force immediately before the commencement of this Act shall continue in
Constitution of employers'
organisation force so far as it is not inconsistent with this Act, the Constitution or any other written law or until it is replaced or amended under this Act.. Cap. 1
(2) The constitution of every employers' organisation and every amendment thereof shall be registered with the Commissioner and shall be accompanied by a copy of the resolution adopting the constitution or amendment thereof signed by the executive board. (3) The constitution of every employer's organisation(a) shall not be amended to the extent that the amendment shall be inconsistent with the freedom of association enshrined in the Constitution, or with any other written law; and (b) shall include provisions on the matters set out in the Schedule to this Act. (As amended by Act No. 30 of 1997) 43. (1) No person shall be qualified for election as an officer of an employers' organisation ifDisqualifica-tion from election or appointment as officer of employers' organisation
(a)
he, or a member of the executive, of an employers' organisation the certificate of registration of which has been cancelled under this Act, fails to satisfy the Commissioner that he did not contribute to the circumstances leading to the cancellation; he has been convicted of an offence involving dishonesty within a period of five years preceding such election; he is of unsound mind; he is an undischarged bankrupt; or he has been suspended, under this Act or the constitution of the employers' organisation , from holding office in the association and his suspension has not been revoked, or the period for which he was suspended has not expired.
(b)
(c) (d) (e)
(2) An officer of an employers' organisation shall cease to hold office if circumstances arise which would disqualify him under subsection (1) for election as an officer. (3) No person who is a full-time officer of an association shall be a full-time officer of any other employers' organisation or Federation unless he resigns from his first office. (4) The Commissioner may call for such documentation and information which he considers necessary from the executive committee or any officer of an employers' organisation to ensure that the provisions of this section are being complied with. (5) Any person who being disqualified under this section to hold office in any employers' organisation, acts or purports to act as an officer of that employers' organisation shall be guilty of an offence and liable upon conviction, to a fine not exceeding four hundred penalty units and may be prohibited from holding office in any association for such period as the court may determine. (As amended by Act No. 13 of 1994 and Act No. 30 of 1997) 44. (1) Where an employers' organisation holds an election to fill any office in the employers' organisation or makes an appointment to any office, the executive officer of the employers' organisation shall, within thirty days of the election or appointment, notify the Commissioner and the Federation if the employers' organisation is affiliated to it in writing, of the result of the election, or of the appointment, as the case may be. (2) An executive officer who fails to comply with subsection (1) shall be guilty of an offence and liable, upon conviction to a fine not exceeding ten penalty units for every day during which the failure continues. (3) The name and office of every office holder and trustee of the association shall be exhibited in a prominent place at the registered office, and at every branch of theemployers' organisation. (As amended by Act No. 13 of 1994 and Act No. 30 of 1997) Information about elections of employers' organisation, etc
45. Any member or officer of an employers' organisation or any officer of a federation of employers' organisations, if the employers' organisation is affiliated to it, who has resonable grounds to believe that a person who is disqualified from holding office has been elected or appointed as an officer of an employers' organisation or that there is a reasonable case against such person for the fraudulent misuse of employers' organisation funds, may, not later than thirty days from the date of election or appointment to such an office or of becoming aware of the fraudulent misuse of funds, apply to the Court and the Court may grant such relief or remedy as it may consider just in the circumstances. (As repealed and replaced by Act No. 30 of 1997) 46. (1) The Commissioner may, with the approval of the Minister, cancel the certificate of registration of an employers' organisation -
Court process against officer of
employers' organisation
Cancellation of certificate of registration
(a)
at the request of the employers' organisation which has resolved to be dissolved and the application has been made in the prescribed form; if the certificate of registration has been obtained by fraud or mistake; or if the employers' organisation has wilfully violated any of the provisions of this Act.
(b) (c)
(2) Where the Commissioner intends to cancel the certificate of registration of an employers' organisation under paragraphs (b) or (c) of subsection (1), he shall at least three months before cancelling the certificate, give notice to the employers' organisation concerned, specifying the grounds upon which he intends to rely for the intended cancellation. (3) The employers' organisation referred to in subsection (2) may make representations to the Commissioner in opposition to the grounds contained in the notice. (4) The Commissioner may, after the receipt from the employers' organisation of representations, if any, and after the expiration of the three months notice, cancel the certificate of registration and shall notify the employers' organisation accordingly. (5) An employers' organisation whose certificate of registration is cancelled may appeal to the Court.
(6) An employers' organisation whose certificate of registration is cancelled shall from the time of the cancellation cease to operate as an association and shall be dissolved unless an appeal against the cancellation is preferred: Provided that in the case of any cancellation other than a cancellation made under paragraphs (a) and (c) of subsection (1), in respect of which no appeal is preferred to the Court, the cancellation shall not have effect until it is referred to the Court for confirmation. (As amended by Act No. 30 of 1997) 47. (1) Any person aggrieved by a refusal of the Commissioner to Appeal from register an employers' employers' organisation, or by the cancellation of decisions of a certificate of registration, may appeal to the Court within thirty days of Commissioner the notification of refusal, decision or cancellation, as the case may be. (2) The Commissioner shall be entitled to appear and to be heard on any appeal made under subsection (1). (3) The Chairman may make rules governing appeals, provide for the method of tendering evidence, prescribe the procedure to be followed, the fees to be paid, and notices to be given to the Commissioner. (4) The Court may in an appeal referred to in subsection (1)(a) set aside the decision of the Commissioner refusing the registration of an employers' organisation or cancelling a certificate of registration if it is satisfied that grounds exist which qualify or entitle such employers' organisation to be registered, or it is satisfied that the cancelling or the certificate of registration should not have been made; and order the Commissioner to register the employers' organisation or order the Commissioner to restore the certificate of registration, subject to such conditions, if any, as the Court may specify; (b) dismiss the appeal; or (c) make such other order as it may consider appropriate in the circumstances. (As amended by Act No. 1997) 48. (1) Subject to subsection (5) of section forty an employers' organisation may, in accordance with the provisions of its constitution, change its name.
Change of name or address of employers' organisation
(2) Notice in writing of every change of name, signed by all the members of the executive committee of an employers' organisation shall be submitted to the Commissioner within thirty days of the change and the Commissioner shall register the change of name if he is satisfied that the change complies with subsection (1). (3) No change of name shall affect any right or obligation of an employers' organisation or of any member of the employers' organisation , and any legal proceedings in respect of the right or obligation of the employers' organisation may be commenced or continued, if pending, by or against the trustees of the employers' organisation or any other officer who may sue or be sued on behalf of the employers' organisation, notwithstanding its new name. (4) Notice in writing of every change in the address of the registered office of an employers' organisation shall be sent by its executive officer to the Commissioner for registration within thirty days of the change of address. (5) Failure to send a notice as required by subsection (2) or (4), shall render the association and its executive officer liable, upon conviction, to a fine not exceeding twenty penalty units each for every day during which the failure continues. (As amended by Act No. 13 of 1994 and Act no. 30 of 1997) 49. (1) Two or more employers' organisations may amalgamate as one Amalgamation employers' organisation and the new employers' organisation shall be of employers' registered in accordance with this Act. organisations (2) Any legal proceedings in respect of any rights or obligations of an employers' organisation which has amalgamated with another employers' organisation may be commenced or be continued, if pending, by or against the employers' organisation formed as a result of the amalgamation. (As amended by Act No. 30 of 1997) 50. (1) Where an employers' organisation is to be dissolved voluntarily, a notice of the intention to dissolve the employers' organisation signed by all the members of the executive of the employers' organisation and an authenticated copy of the minutes and resolution passed making the decision shall be submitted to the Commissioner with a copy to the Federation of employers' organisation , if the employers' organisation is affiliated to it, which may comment on the intended dissolution within Voluntary dissolution of employers' organisation
fourteen days of receipt of the notice. (2) If the Commissioner is satisfied that the intended dissolution of an employers' organisation is in accordance with its constitution he may approve the dissolution of the employers' organisation and the dissolution shall be effective from the date the Commissioner accords his approval. (3) The Commissioner shall notify his approval to the employers' organisation and the Federation of employers' organisation, if the employers' organisation is affiliated to it. (4) Where an employers' organisation is dissolved under subsection (2) or dissolved under section forty-six(a) Cap. 82 the property of the employers' organisation shall vest in the liquidator appointed by the Commissioner who shall have all the powers to recover, realise and dispose of the property as a trustee in bankruptcy has in relation to a bankrupt's property under the Bankruptcy Act and Part V of the Bankruptcy Act relating to remuneration and costs with the necessary modifications, shall apply to such liquidator; the liquidator shall wind up the affairs of the employers' organisation and, after satisfying and providing for all the debts or other liabilities, prepare a scheme for the application of its remaining assets or property for purposes likely to benefit the former members of the dissolved employers' organisation, or distribute the assets or property or the proceeds among such of its former members as the Commissioner may determine.
(b)
(5) No suit or proceeding shall be instituted against the liquidator appointed by the Commissioner for or in respect of anything done or omitted to be done by him in the performance of his functions under this Act. (As amended by Act No. 30 of 1997) 51. (1) From the commencement of this ActAffiliation of employers' organisation before commencement of Act
(a)
an employers' organisation with a valid certificate of registration issued before the commencement of this Act which was affiliated to the Federation before the commencement of this Act shall be subject to paragraph (b), continue to be affiliated to it. and employers' organisation affiliated to the Federation before
(b)
the commencement of this Act or affiliated to a federation of employers' organisation after commencement of this Act, may, in accordance eith the provisions of tis constitution, cease to be affiliated to the Federation or a federation of employers' organisation, as the case may be; (c) an employers' organisation registered under this Act may, accordance with its constitution, be affiliated to a federation of employers' organisations of its choice; (d) two or more registered employers' organisation which have ceased to be affiliated to the Federation before the commencement of this Act, or which are not affiliated to any federation of employers' organisation may, in accordance with their constitution establish a federation of employers' organisations of their choice and shall register the federation under this Act; and (e) a registered employers' organisation affiliated to a federation of employers' organisation shall have the rights and priveleges specified in the constitution of that Federation of employers' organisations. (2) Every registered employers' organisation shall, upon request, supply a copy of its constitution and every amendment thereof to evry member of that employers' organisatios. (As repealed and replaced by Act No. 30 of 1997) 52. Section twenty-one shall apply, with the necessary modifications, to an employers' organisation or executive officer as it applies to a trade union and its executive officer. (As amended by Act No. 30 of 1997) 53. Section twenty-five shall apply, with the necessary modifications, to an employers' organisation and its trustees as it applies to a trade union and its trustees. (As amended by Act No. 30 of 1997) 54. Sections twenty-six and twenty-seven shall apply, with the necessary modifications, to an employers' organisation and its trustees as they apply to a trade union and its trustees.
Actions by or against trustees of employers' organisation and limitation of their liability Acquisition of land by employers' organisation and vesting of property Annual report of accounts of employers' organisation
(As amended by Act No.30 of 1997) PART V
FEDERATIONS OF EMPLOYERS ORGANISATION 55. The Zambia Federation of Employers formed and registered before Continuation of the commencement of this Act shall continue to exist as body corporate Federation and shall be deemed to be registered as a federation employers' organisation under this Act. (As repealed by Act No. 30 of 1997) 56. The provisions of section thirty-three shall with necessary modification apply to a federation of employers' organisations registered under this Act. (As repealed and replaced by Act No. 30 of 1997) 57. Section thirty-four shall apply to the relationship between the Federation of employers' organisation and employers' organisation, with the necessary modifications, as it applies to a federation of trade unions. (As amended by Act No. 30 of 1997)
Relations between Federation of employers' organisation and employers' associations Continuation of Federation of employers' organisation
58. (1) No person shall be qualified for election as an officer of the Federation of employers' organisation if-
Disqualifica-tion from election or appointment as officer of Federation of employers' organisation
(a)
he has not, for three years or more, been an officer of an employers' organisation or engaged in a managerial capacity or in the field of personnel management or industrial relations:
Provided that the Federation of employers' organisation may, if it is satisfied as to the suitability of a particular candidate, allow him to stand for such election, notwithstanding that he does not qualify under this paragraph; (b) he, having been an officer or a member of the executive of any employers' organisation, the registration of which has been cancelled under the provisions of this Act, fails to satisfy the Commissioner that he did not contribute to the circumstances leading to the cancellation;
(c)
he has been convicted of an offence involving dishonesty within a period of five years preceding the election or appointment; he is an undischarged bankrupt; he is of unsound mind; or
(d) (e)
(f) he has been suspended, under the Constitution of the Federation of employers' organisation, from holding office in the Federation of employers' organisation and his suspension has not been revoked, or the period for which he was suspended has not expired. (2) An officer of the Federation of employers' organisation shall cease to hold office if any circumstances arise which would disqualify him under subsection (1) for election as an officer. (3) The Commissioner shall, for the purpose of satisfying himself that the provisions of this section are being complied with, request for such documentation or information, as he may think necessary, from the executive officer of the Federation of employers' organisation. (4) Any person who, being disqualified under this section from holding office in the Federation of employers' organisation, acts or purports to act as an officer of the Federation of employers' organisation shall be guilty of an offence and shall be liable, upon conviction, to a fine not exceeding four hundred penalty units and may be prohibited from holding office in the Federation of employers' organisation for a period determined by the Court. (As amended by Act No. 13 of 1994 and by Act No.30 of 1997) 59. (1) Where the Federation of employers' organisation holds an election to fill any office in the Federation of employers' organisation or makes appointment to any office, the executive officer of the Federation of employers' organisation shall, within thirty days of the election or appointment, notify the Commissioner and a federation of trdae unions, in writing, of the appointment or of the result of the election, as the case may be. (2) Any executive officer who fails to comply with subsection (1) shall
Notification of results of election of Federation of employers' organisation
be guilty of an offence and liable upon conviction, to a fine not exceeding ten penalty units for every day during which such failure continues. (3) The name and office of every office holder and trustee of Federation of employers' organisation shall be exhibited in a prominent place at the registered office, where possible, and at every registered office of the affiliates of Federation of employers' organisation. (As amended by Act No. 13 of 1994 and Act No.30 of 1997) 60. Section twenty-one shall apply, with the necessary modifications, to a Federation of employers' organisation and its executive officer as it applies to a trade union and its executive officer. (As amended by Act No. 30 of 1997) PART VI FUNDS OF REPRESENTATIVE BODIES 61. (1) Notwithstanding anything contained in the constitution of a representative body, the funds of the representative body, shall be expended for the lawful objects authorised under its constitution. (2) Any member of, a representative body may apply to the Court for an order to stop such a representative body from applying its funds to objects which have not been authorised by its constitution. (3) A representative body shall, in accordance with generally accepted accounting principles and procedures(a) keep books and records account of its income, expenditure, assets and liabilities; (b) prpare annual financial statements consisting of income and expenditure and a balance sheet showing its assets, liabilities and financial position at the end of each financial year; and (c) have its books and records of account and financial statements audited annually by a qualified auditor appointed by the representative body, which audited report shall be submitted to the Commissioner.
Objectives for which funds shall not be expended Annual report or accounts of a Federation of employers' organisation
(4) The books and records of account of representative body shall be open to inspection by any member of that body. (As repealed and replaced by Act No. 30 of 1997) 62. (1) Every treasurer, fprmer treasurer or other officer of a representative body shall, at such times as the officer is required by the constitution of such representative body or upon being requested to do so, submit to the trustees or members of that representative body a true account of(a) all monies received and disbursed by the officer; and (b) the balance of monies in hand. (2) The trustees or members of a representative body shall, on receipt of the account be submitted under subsection (1), cause the account to be audited. (3) Notwithstanding subsection (1), or the constitution of a representative body may appoint an accountant (4) The accountant appointed under subsection (3) shall(a) have access to all books of account, records, returns, reports and other documents relating to the transactions of the representative body; (b) debit the accounts of the representative body with the professional fees and expenses reasonably incurred by the accountant in the performance of duties under this section. (As amended by Act No. 13 of 1994 and repealed and replaced by Act No. 30 of 1997)
Control of funds
PART VII RECOGNITION AGREEMENTS 63. (1) Every employer employing twenty-five or more eligible Registration of employees, or such lesser number as may be prescribed by the Minister, employers shall register himself with the Commissioner within a period not exceeding three months from the date of coming into operation of this section or, from the date upon which this section becomes applicable to
the employer, as the case may be. (2) The registration shall be in the manner and in the form as may be prescribed: Provided that an employer registered under the Industrial Relations Act, Act No. 36 of 1990, shall be deemed to be registered under this Act. 1990 (3) An employer to whom this section applies and who fails without reasonable cause or excuse, (the onus of proof shall lie on the employer), to register in accordance with this section shall be guilty of an offence and liable, upon conviction, to a fine not exceeding two hundred penalty units (As amended by Act No. 13 of 1994) 64. (1) Not later than three months from the date of registration under section sixty-three a registered employer and a trade union, if any, to which the employees belong, shall enter into a recognition agreement. (2) Not later than three months from the date of issue of a certificate of registration, an employers' organisation and trade union to which the employees belong, shall enter into a recognition agreement. (3) The Minister may, for good cause, extend the period laid down in subsection (1) and (2). (4) A recognition agreement registered under the Industrial Relations Act, 1990, shall be deemed to be registered under this Act. (5) Where the parties referred to in subsection (1) or (2), fail to conclude a recognition agreement under this Part, the failure shall be deemed to be a collective dispute and Part IX shall apply, with the necessary modifications. (As amended by Act No. 30 of 1997) 65. (1) Every recognition agreement shall be in writing, signed by the representatives of the parties to it and shall provideEssentials of recognition agreement Duty to enter into recognition agreement
Act No. 36 of 1990
(a) that the employer or employers' organisation, as the case may be, has recognised the trade union as representative of, and bargaining agent for, the eligble employees represented by the trade union so recognised for the purpose of regulating relations between the employer or employers' organisation and the trade union; (b) for the rules relating to grievances and bargaining procedures; (c) for the methods, procedures and rules under which the agreement may be reviewed, amended, replaced or terminated. (2) Three copies of a recognition agreement and of any alterations to the agreement shall be delivered to the Commissioner by the parties to the agreement. (3) The Commissioner may, if satisfied that all the conditions of the recognition agreement have been met, register the agreement and shall return a copy each to the parties concerned. (As amended by Act No.30 of 1997)
PART VIII COLLECTIVE AGREEMENTS 66. (1) Within three months from the date registration of the recognition agreement under subsection (3) of section sixty-five, the employer or employers' organisation, as the case may be, and the trade union, shall enter into collective bargaining for the purpose of concluding and signing a collective agreement. (2) Collective bargaining may be undertaken(a) at the level of an undertaking, through negotiations between the management of the undertaking and the trade union representing the eligible employees; or (b) at the level of an industry, though negotiations between the employers' organisation and the trade union representing the eligible employees.
(3) Every valid collective agreement in force prior to the commencement of this Act shall continue in force until its expiry or replacement under this Act. (As repealed and replaced by Act No.30 of 1997) 67. Repealed by Act No. 30 of 1997 68. Every collective agreement shall contain clauses, in this part referred to as statutory clauses, stipulating(a) (b) the date on which the agreement is to come into effect and the period for which it is to remain in force; and the methods, procedures and rules for reviewing, amending, replacing or terminating the collective agreement. Obligations of bargaining unit Collective agreements
69. (1) The bargaining unit shall-
(a)
commence negotiations for the purpose of concluding a new collective agreement at least three months before the date of expiry of the current collective agreement; notify the Commissioner in writing, within fifteen days after the commencement of the negotiations, of the date on which the negotiations were commenced; and conclude and sign the collective agreement within three months after the commencement of the negotiations.
(b)
(c)
(2) If the bargaining unit fails, or neglects without reasonable cause or excuse (the onus of proof shall lie on the bargaining unit) to commence negotiations or conclude the collective agreement in the manner and within the period specified in paragraphs (a) and (c) of subsection (1), or to notify the Commissioner in the manner and within the period specified in paragraph (b) of subsection (1), every member of the bargaining unit shall be liable, upon conviction, to a fine not exceeding forty penalty units and may be prohibited from holding a position in the bargaining unit for a period not exceeding three months. (As amended by Act No. 13 of 1994)
70. (1) The parties to a collective agreement shall, within fourteen days Lodging of of signing, lodge five signed copies of the collective agreement with the collective Commissioner. agreements (2) The Commissioner shall, within fourteen days of receipt of the copies referred to in subsection (1), submit such copies, together with his comment to the Minister. 71. (1) The Minister may, after considering a collective agreement lodged in accordance with section seventy together with the comments of the Commissioner received under subsection (2)(a) direct that a copy of the collective agreement be returned to the parties together with his reasons for not directing the registration and give instructions to re-submit the collective agreement to the Commissioner; or direct the Commissioner to register the collective agreement. Approval of collective agreement
(b)
(2) The Minister shall not direct the registration of a collective agreement unless he is satisfied that(a) the agreement contains the statutory clauses referred to in section sixty-eight; and the clauses in the agreement do not contain anything which is contrary to any written law.
(b)
(3) Every collective agreement which has been approved by the Minister shall(a) come into force on the date on which it is approved or on a later date specified in the collective agreement; remain in force for such period as shall be specified in the agreement;
(b)
(c) be binding on the parties to it. (As amended by Act No.30 of 1997) 72. The parties to a collective agreement may by agreement vary the Variation of provisions of a collective agreement and the procedure set out in section collective agreement seventy shall apply, with the necessary modifications, to the variation. 73. (1) Where a bargaining unit is unable to conclude a new collective agreement before the expiration of the existing collective agreement, or where for any other reason the bargaining unit desires to extend the period during which the existing collective agreement is to remain in force, it may apply to the Minister in that behalf. (2) An application under subsection (1) shall be made not less than thirty and not more than sixty days before the expiration of the existing collective agreement: Provided that the Minister may, consider an application made at any time before the expiration of the existing collective agreement. (As amended by Act No. 30 of 1997) 74. As repealed by Act No. 30 of 1997 Extension of collective agreement in force
PART IX SETTLEMENT OF COLLECTIVE DISPUTES 75. A collective dispute shall exist when there is a dispute between an Collective employer or an organisation representing employers on the one hand disputes and the employees or an organisation representing the employees on the other hand, relating to terms and conditions of, or affecting the employment of, the employees and one party to the dispute has presented in writing to the other party all its claims and demands and(a) the other party has, within fourteen days from the date of receipt of the claims or demands, failed to answer the claims or demands; or the other party has formally rejected the claims or demands and
(b)
has made no counter offer; or (c) both the parties to the dispute have held at least one meeting with a view to negotiating a settlement of the dispute, but have failed to reach settlement on all or some of the matters in issue between them. Dispute to be referred to conciliator, board of conciliation
76. (1) Where a collective dispute arises and neither of either party to the dispute is engaged in an essential service, the parties to the dispute shall refer the dispute to-
(a) (b) (i) (ii) (iii)
a conciliator appointed by the parties to the dispute; or a board of conciliation composed ofa conciliator appointed by the employer or an organisation representing employers; a conciliator appointed by the employees or an organisation representing the employees; and a conciliator appointed by the employer or the organisation representing the employers and employees or the organisation representing employees, who shall be the Chairman.
(2) Where the parties to a collective dispute not engaged in an essential service fail to agree within a period of seven days from the date when the collective dispute arose on the appointment of a conciliator or of the Chairman, they shall inform the Commissioner accordingly. (3) The Commissioner on receipt of the information under subsection (2) shall request the Minister to appoint, within a period of seven days from the date of the request, a conciliator or Chairman of the board of conciliation from a list of names submitted and agreed upon by the representatives of employees and the representatives of employers. (4) The conciliator or the board of conciliation appointed under subsection (1) or subsection (3) shall, within seven days of his or its appointment, summon the parties to the collective dispute to a meeting and proceed to conciliate in the dispute.
(5) Any party to a collective dispute or any agent or representative who refuses or neglects without reasonable cause or excuse (the onus of proof shall lie on such party) to attend a meeting summoned by the conciliator or board of conciliation shall be guilty of an offence. (6) Where a collective dispute arises and any of the parties to it are engaged in an essential service, the parties to the dispute shall refer the dispute to the Court. (7) Any person who commits an offence under subsection (5) shall, upon conviction, be liable(a) in the case of a body corporate, to a fine not exceeding one thousand penalty units; in any other case to a fine not exceeding four hundred penalty units.
(b)
(As amended by Act No. 13 of 1994 and by Act No. 30 of 1997) Approval of 77. (1) As soon as a collective dispute is settled by means of conciliation, the conciliator or the Chairman of the Board of conciliation settlement by shall cause a memorandum of the terms of the settlement to be prepared conciliation which shall be signed by the parties to it and shall be witnessed by the conciliator or the Chairman and each member of the board of conciliation, as the case may be. (2) The conciliator or the Chairman of the board of conciliation, shall, within seven days of the settlement of a dispute by conciliation, submit authenticated copies of the memorandum referred to in subsection (1) to the Registrar. (3) The Registrar shall, as soon as possible after receipt of a copy of the memorandum refer it to the Court which shall, subject to the settlement embodied in the memorandum, if not contrary to any written law, approve the settlement. (4) If the Court decides that the settlement as a whole or any term of the settlement embodied in the memorandum is contrary to any written law,
the Registrar shall communicate the decision of the Court to the parties to the dispute accordingly. 78. (1) Where a conciliator or board of conciliation fails to settle a collective dispute the parties to the collective dispute mayFailure to reach settlement by conciliation
(a) (b)
refer it to the Court; or conduct a ballot to settle the dispute by a strike or lockout.
(2) Where a collective dispute is referred to the Court under subsection (1) or under subsection (6) of section seventy-six the decision of the Court shall, subject to section ninety-seven be binding upon the parties to the dispute for such period as the Court may specify in the Order. (3) Where the parties, decide to proceed on strike or lockout, the parties shall not proceed on strike or lockout unless a simple majority decision of the employees present and voting is made by employees in favour of the strike or lockout. (4) The strike or lockout may, subject to section seventy-five, commence ten days following the decision to do so and may continue for an indefinite period during which the dispute remains unresolved. (5) The Minister may intervene before the commencement of the strike or lockout under subsection (4) to try and settle the dispute. (6) The Minister may, after consultation with the Tripartite Consultative Labour Council apply to the Court for a declaration that the continuance of the strike or lockout is not in the public interest. (7) The Court shall make a decision within seven days of the application for a declaration that the strike or lockout is not in the public interest. (8) Where the Court issues a declaration in favour of the application, the strike or lockout shall cease and the dispute shall be deemed to have been referred to the Court under paragraph (a) of subsection (1).
(10) The Court shall have power to decide whether the workers on a legal strike should be eligible for payment of wages during the period of the strike. (11) Where action in pursuance of a strike or a lock-out takes place in accordance with the provisions of this Act(a) the provisions of the recognition and collective agreements, if any, between the parties shall not be deemed to have been breached by reason only of such action; or (b) the contract of employment with respect to each employee involved in the strike or lock-out shall not be deemed to have been breached by reason only of such action. (As amended by Act No. 30 of 1997)
PART X TRIPARTITE CONSULTATIVE LABOUR COUNCIL 79. (1) There is hereby constituted the Tripartite Consultative Labour Consultative Council, in this part referred to as the Council which shall consist of the Labour Council Minister and such equal number of members representing the trade unions, the employers and the Government, as the Minister may determine but the members shall not be less than twenty-one. (2) The members representing(a) the trade unions shall be nominated by tyrade unions registered under this Act; (b) the employers shall be nominated by employers' organisation registered under this Act; and (c) the Government shall be nominated by the Minister. (3) The Commissioner shall act as the secretary to the Council and any committee which may be formed by the Council. (As amended by Act No. 30 of 1997)
80. (1) The Council shall be chaired by the Minister, or in his absence, Chairman and the Deputy Minister responsible for labour. Vice-Chairman of Council (2) There shall be two Vice-Chairmen of the council of which one shall be nominated by trade unions and the other nominated by the employers' organisation. (As amended by Act No. 30 of 1997) 81. (1) Subject to the other provisions of this Part, the Council may regulate its own procedure.
Proceedings of Consultative Council
(2) For the transaction of its business, the Council shall meet at least twice annually at such places and at such times, as the Chairman, in consultation with the trade unions and the associations, may determine. (3) A meeting of the Council may be called by giving notice of not less than fourteen days: Provided that if the urgency of any particular matter does not permit the giving of such notice, a special meeting may be called upon giving shorter notice. (4) At any meeting of the Council, one-half of the members shall form a quorum. (5) Decisions 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 his deliberative vote. (6) 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 person shall have no vote.
(7) The validity of any proceedings, act or decision of the Council or any committee of the Council shall not be affected by any vacancy in the membership of the Council or committee of the Council, as the case may be, or by any defect in the appointment of any member or member of such committee or by reason that any person not entitled to do so took part in the proceedings. (8) The Government, trade unions and the employers' organisation shall be responsible for paying allowances for the attendance of meetings of the Council, to their respective representatives. (As amended by Act No. 30 of 1997) 82. (1) The council may establish any number of standing or adhoc committees to assist the Council in the performance of its functions. (2) The Council may appoint as members of a committee established under subsection (1), persons who are or are not members of the Council and such persons shall hold office for such period as the Council may determine. (3) Subject to any specific or general direction of the Council, a committee established under this section may regulate its own procedure. 83. The functions of the Council shall be to advise the Government on Functions of Council all issues relating to labour matters, manpower development and utilisation and any other matter referred to the Council by the Government.
Committees of Council
PART XI INDUSTRIAL RELATIONS COURT 84. The Industrial Relations Court established by section sixty-four of Continuation of the Industrial Relations Act, 1990, is hereby continued as if established Court Act No. 36 of 1990 under this Act.
85. (1) The Court shall have original and exclusive jurisdiction to hear Jurisdiction of and determine any industrial relation matters and any proceedings under Court this Act. (2) The Court shall have jurisdiction to commit and punish for contempt any person who disobeys or unlawfully refuses to carry out or to be bound by, an order made against that person by the Court under this Act. (3) The Court shall not consider a complaint or application unless it is presented to it within thirty days of the occurence of the event which gave rise to complaint or application: Provided that, upon application by the complainant or applicant, the Court may extend the thirty day period fo three months after the date on which the complainant or applicant has exhausted the administrative channels available to that person. (4) The Court shall have the jurisdiction to hear and determine any dispute between any employer and an employee notwithstanding that such dispute is not connected with a collective agreement or other trade union matter. (5) The Court shall not be bound by the rules of evidence in civil or criminal proceedings, but the main object of the Court shall be to do substantial justice between the parties before it. (6) An award, declaration, decision or judgement of the Court on any matter referred to it for its decision or on any matter falling within its exclusive jurisdiction shall, subject to section ninety-seven, be binding on the parties to the matter and on any parties affected. (7) It shall be within the exclusive jurisdiction of the Court to resolve any ambiguity in any collective or recognition agreement brought to its notice by any of the parties concerned. (8) No person shall take part in a lockout or a strike against or in defiance of any award, declaration, decision or judgement of the Court and any person who contravenes this subsection shall be liable, upon conviction, to a fine not exceeding two thousand penalty units or to imprisonment for a term not exceeding twelve months, or to both. (9) For the purpose of this section "industrial relations matters" shall
include issues relating to(a) inquiries, award and decisions in collective disputes; (b) interpretation of the terms of awards, collective agreements and recognition agreements; (c) general inquiries into, and adjudication on, any matter affecting the rights, obligations and privileges of employees, employers and their representative bodies. 85A. Where the Court finds that the complaint or application presented to it is justified and reasonable, the Court shall grant such remedy as it considers just and equitable and may(a) award the complianant or applicant damages or compensation for loss of employment; (b) make an order for reinstatement, re-employment or re-engagement; (c) deem the complainant or applicant as retired, retrenched or redundant; or (d) make any other order or award as the court may consider fit in the circumstances of the case. (As amended by Act No. 13 of 1994 and Act No.30 of 1997)) 86. (1) The Court shall consist of the following members: (a) (b) (c) a Chairman; Deputy Chairmen; and not more than ten members as the Minister may appoint.
Composition of Court
Remedies by Court
(2) A person shall not be qualified for appointment as Chairman or Deputy Chairman, unless he qualifies to be appointed as High Court Judge. (3) The Chairman and Deputy Chairmen shall be appointed by the President on the recommendation of the Judicial Service Commission. (4) The members, other than the Chairman and Deputy Chairman, shall hold office for a period of three years but shall be eligible for re-appointment.
(5) The Chairman and Deputy Chairmen shall have the same tenure and Cap. 1 security of office as a judge of the High Court prescribed in the Constitution in the Article relating to tenure of office of judges of the Supreme and High Court and shall be subject to removal from office for inability to perform the functions of his office under that Article. (As amended by Act No.30 of 1997) 87. (1) There shall be a Registrar and such Deputy Registrars and such Registrar and other Assistant Registrars, as may be necessary, who shall be public officers officers of Court and who shall be appointed by the Judicial Service Commission. (2) The Judicial Service Commission may appoint such other officers of the Court, as may be necessary. 88. Repealed by Act No. 30 of 1997 89. (1) The Chairman or a Deputy Chairman shall preside over the Court. (2) The court, when hearing any matter, shall be duly constituted if it consists of three members or such uneven number as the Chairman may direct: Provided that the Chairman or a Deputy Chairman may deal with interlocutory matters and deliver a ruling or make any order in chambers and may deliver any ruling or judgement made by the Court duly constituted. (3) Subject to subsection (2), the determination of any matter before the Court shall be according to the opinion of the majority of the members of the Court considering or hearing the matter: Provided that on a point of law the decision of the Chairman or the Deputy Chairman shall prevail. (4 A person shall not sit or act as a member of the Court, if he has any interest direct or indirect, personal or pecuniary, in any matter before the Court. (5) The sittings of the Court shall be held in such places as the Chairman may direct. (As amended by Act No.30 of 1997) 90. (1) The court may, on application, declare who is or should be the
Declaration by Proceedings of Court
holder of any office in a representative body. (2) The Chairman may make rules providing for the procedure to be followed on an application for a declaration under this section and prescribing any fees which shall be payable on any application. (3) Without prejudice to the power of the Court to punish for contempt of court, where it has been declared under subsection (1) that any person is or should be the holder of an office, any other person who acts or purports to act as the holder of the office contrary to the terms of the declaration, shall be liable upon conviction, to a fine not exceeding one thousand penalty units or to imprisonment for a term not exceeding three months, or to both. (As amended by Act No. 13 of 1994 and Act No.30 of 1997)
Court
91. (1) At any hearing before the Court, any party may appear in person Representation of parties or be represented(a) by an officer of a representative body; or (b) by a legal practitioner. (As amended by Act No.30 of 1997) 92. (1) The court may summon witnesses, call for the production and inspection of, books, documents, records and other things, and to examine witnesses. (2) A summons for the attendance of a witness or for the production of books, documents, records or other things shall be signed by the Registrar or Deputy Registrar and served in the same manner as if it were a subpoena for the attendance of a witness at a civil trial in the High Court. (3) Any person giving evidence or summoned to give evidence or to produce any book, document, record or other thing before the Court, shall be entitled to the same privileges and immunities as if he were summoned to attend or were giving evidence in civil proceedings before the High Court. (4) A person summoned under this section, other than a public officer or a person having an interest in the proceedings for which he is summoned, may on the order of the Court be paid from moneys appropriated by Parliament such allowances as may be prescribed by the Chairman.
Powers to summon witnesses
93. (1) If any person who has been summoned under section ninety-two Power to obtain having reasonable notice of the time and place at which he is required to evidence attend, fails to attend, or fails to remain in attendance until duly excused by the Court from further attendance, the Chairman or Deputy Chairman may, upon being satisfied by the return of the person charged with the service of the summons, that the summons was duly served upon such person, issue a warrant signed by him for the apprehension of the person. (2) A person against whom a warrant has been issued under subsection (1), shall be apprehended by any police officer to whom the warrant is delivered and shall be brought before the Court to give evidence or to produce a book, document, record or other thing. (3) If any person who has been summoned under section ninety-two(a) (b) (c) refuses to be sworn or affirmed as a witness; having been sworn or affirmed refuses to answer fully and satisfactorily any question he is lawfully required to answer; or refuses or fails to produce any book, document, record or other thing and does not excuse his refusal or failure to the satisfaction of the Court; the Chairman or Deputy Chairman may order that person to be detained in custody, as if he were a prisoner awaiting trial, for any period not exceeding eight days unless he sooner consents to do what is required of him. (4) Where the person referred to in subsection (3), upon being brought before the Court at an adjourned hearing, further refuses or fails to do what is required of him, the Chairman or Deputy Chairman may, if he sees it fit, adjourn the proceedings and order that person to be detained for a like period until the person consents to do what is required of him. 94. (1) The Court shall deliver judgment within sixty days after the hearing of the case.
Judgment of Court
(2) Failure to deliver judgment, within the period stipulated in Cap. 1 subsection (1) shall amount to inability by the Chairman or Deputy Chairman to perform the functions of his office and the provisions of the Constitution in dealing with the inability by a judge to perform his functions under the Constitution shall apply. 95. (1) The Registrar or Deputy Registrar shall cause every award, decision or judgment of the Court to be communicated to the parties concerned and to the Commissioner.
Publication of judgments of Court
(2) The Chairman may cause to be published in the Gazette any award, decision or judgment of the Court which, in his opinion, is of general interest. 96. The Chairman shall, by statutory instrument, make rules regulating Rules of Court the procedure of the Court.
Appeals to 97. Any person aggrieved by any award, declaration, decision or judgment of the Court may appeal to the Supreme Court on any point of Supreme Court law or any point of mixed law and fact.
PART XII GENERAL 98. An act done by a person in contemplation or furtherance of a collective dispute shall not be actionable on the ground that it induces some other person to break a contract of employment, or that it interferes, with the trade, business or employment of some other person, or with the right of that other person to dispose of his capital or labour as he wishes. 99. (1) An agreement by two or more persons to do, or procure to be done, any act in contemplation or furtherance of a collective dispute shall not be punishable as a conspiracy if such act when committed by one person would not be punishable as a crime. (2) An act done in pursuance of an agreement by two or more persons shall not, if done in contemplation or furtherance of a collective dispute, be actionable unless the act, if done without any such agreement would be actionable. (3) Nothing in this section shall(a) (b) affect the law relating to conspiracy for which punishment is prescribed by any law in force in the Republic; or affect the law relating to riot, unlawful assembly, breach of the peace, or sedition.
Immunity of officials of trade unions, congress, associations and Federation
Conspiracy in collective disputes
100. (1) Where any person or in combination with others wilfully break Breach of contract a contract of service or of hire, knowing or having reasonable cause to involving injury to persons or property believe that the probable consequence of their so doing will endanger human life or cause serious bodily injury or expose any property,
whether real or personal, to destruction or serious injury, shall be guilty of an offence and liable, upon conviction, to a fine not exceeding four hundred penalty units or to imprisonment for a term not exceeding six months, or to both. (2) No prosecution under this section shall be brought except by, or with the written consent of, the Director of Public Prosecutions. (As amended by Act No. 13 of 1994) 101. (1) No employer or other person shall take part in a lockout which Prohibition from participation in is not in contemplation or furtherance of a collective dispute to which lockouts or strikes the employer or that person is a party. (2) No employee, trade union or other person shall take part in a strike which(a) (b) has not been authorised by a strike ballot taken in the manner provided by the constitution of a trade union under this Act; or is not in contemplation or furtherance of a collective dispute to which the employee or trade union is a party.
(3) Any employer or other person who does any act in contravention of subsection (1), shall be liable, upon conviction(a) (b) in the case of a body corporate, to a fine not exceeding one thousand penalty units in any other case to a fine not exceeding four hundred penalty units.
(4) Any employee, trade union or other person who does any act or incites any person to do any act in contravention of subsection (2), shall be guilty of an offence and shall be liable upon conviction(a) in the case of the trade union, to a fine not exceeding one thousand penalty units; or (b) in the case of an employee or other person, to a fine not exceeding four hundred penalty units and may be prohibited from holding office in a trade union for such period as the Court may determine. (As amended by Act No. 13 of 1994) 102. (1) Any person acting on behalf of a trade union or a federation of trade unions in contemplation or furtherance of the settlement of a collective dispute may attend at or near a place not being a dwelling house, where a person works or carries on business, for the purpose of
Attendance at or near place of residence, business or employment for certain purposes
peacefully persuading an employee or an employer involved in the collective dispute to take part in a lawful demonstration: Provided that no person shall intimidate that other person or any other person in that place or obstruct the approach thereto or egress therefrom. (2) Any person who contravenes subsection (1) shall be guilty of an offence. (As amended by Act No.30 of 1997)
Attendance at or 103. (1) Any person acting in contemplation or furtherance of the settlement of a collective dispute may attend, at or near a dwelling house near place of residence or place where another person resides or happens to be, for the purpose of peacefully obtaining or communicating information or of persuading or inducing the other person to take part in a strike or a demonstration:
Provided that no person shall intimidate that other person in that place. (2) Any person who contravenes subsection (1) shall be charged with Cap. 87 the offence of watching and besetting such house or place wrongfully and without legal authority within the meaning of subsection (1) of section one hundred and seventy-three of the Penal Code, and shall be liable, upon conviction, to a fine not exceeding four hundred penalty units or to imprisonment for a term not exceeding six months or to both. (As amended by Act No. 13 of 1994 104. Any person who wilfully obstructs or hinders the Commissioner, Obstructing or any other person, in the exercise of any of his powers under this Act Commissioner, etc shall be liable, upon conviction, to a fine not exceeding four hundred penalty units and may be prohibited from holding office in a trade union or employers' organisation for such period as the Court may determine. (As amended by Act No.30 of 1997) 105. All offences under this Act may be prosecuted before a subordinate court of the first or second class.
Prosecution of offences
106. Any person who does any act prohibited by this Act or who omits General penalty to do any act which he is required to do under this Act shall be charged with an offence and, where no specific penalty is provided by this Act in respect of such act or omission, he shall be liable, upon conviction, to a fine not exceeding one thousand penalty units and, in the case of an individual, he may also be barred from holding office of a trade union or employers' organisation for such period as the Court may determine.
(As amended by Act No. 13 of 1994 and Act No.30 of 1997) 107. (1) Every employee engaged or employed in an essential service Essential service certificates shall be issued by his employer with an essential service certificate in such form and in such manner as may be prescribed and such certificate shall be prima facie evidence for the purpose of any inquiry or proceedings under this section that the person to whom such certificate has been issued is engaged or employed in an essential service and that the attention of such employee has been drawn to the provisions of this section. (2) Any person engaged or employed in an essential service who, without just cause or excuse (the onus of proof shall lie on him), does any act, or omits to do any act, the doing or the omission of which is likely to hinder or interfere with the carrying on of an essential service, shall be guilty of an offence. (3) No employer or other person shall take part in a lockout and no employee, trade union or other person shall take part in a strike which is likely to hinder or interfere with the carrying on of any essential service. (4) No person engaged in an essential service shall be eligible for payment of his salary if such person goes on strike or go-slow. (5) Any person who incites or encourages a person engaged or employed in an essential service to do any act, or omit to do any act, the doing or the omission of which is likely to hinder or interfere with the carrying on of an essential service, shall be guilty of an offence. (6) A police officer may arrest without warrant any person whom he has reasonable grounds to believe is acting in contravention of this section, and any person who obstructs a police officer in the execution of his duties under this subsection shall be guilty of an offence. (7) Any person who contravenes subsection (2), (4) or (5) shall be liable, upon conviction, to a fine not exceeding one thousand penalty units or to imprisonment for a term not exceeding six months and may be prohibited from holding office in a trade union for such period as the Court may determine. (8) Any employer or other person who contravenes subsection (3) shall be guilty of an offence and shall be liable, upon conviction(a) in the case of a body corporate, to a fine not exceeding one thousand penalty units; or
(b)
in any other case, to a fine not exceeding four hundred penalty units.
(9) Any employee, trade union or other person who contravenes subsection (3) shall be guilty of an offence and shall be liable, upon conviction(a) (b) in the case of the trade union, to a fine not exceeding one thousand penalty units; or in the case of the employee or other person, to a fine not exceeding two hundred penalty units.
(10) For the purpose of this section, "essential service" means(a) (b) (c) (d) (e) any service relating to the generation, supply or distribution of electricity; any hospital or medical service; any service relating to the supply and distribution of water; any sewerage service; any fire brigade; or
(f) any service for the maintenance of safe and sound conditions in a mine of(i) (ii) (iii) underground working and drainage; shafts and shaft installations; or machinery and plant;
(g) such other service which the Minister may, in consultation with the Tripartite Consultative Labour Council, prescribe by statutory instrument as an essential service. (As amended by Act No. 13 of 1994 and Act No.30 of 1997)
Restriction on 108. (1) No employer shall terminate the services of an employee or impose any other penalty or disadvantage on any employee, on grounds discrimination in employment of race, sex, marital status, religion, political opinion or affiliation, tribal extraction or status of the employee.
(2) Any employee who has reasonable cause to believe that the employees' services have been terminated or that the employee has suffered any other penalty or disadvantage, or any prospective employee who has reasonable cause to believe that the employee has been discriminated against, on any of the grounds set out in subsection (1) may, within thirty days of the occurrence which gives rise to such belief,
lay a complaint before the Court: Provided that the Court may extend the thirty-day period for a further three months after the date on which the complainant has exhausted the administrative channels available to him. (3) The Court shall, if it finds in favour of the complainant(a) (b) grant to the complainant damages or compensation for loss of employment;
make an order for re-employment or reinstatement in accordance with the gravity of the circumstances of each case. (As amended by Act No.30 of 1997) 109. (1) The Minister may, by statutory instrument, make regulations governing the conduct of ballots for any representative body, and such regulations may include provisions relating to the giving of notices to any person qualified to vote in such ballots. (2) Where a secret ballot is to be held in more than one place in connection with any matter, it shall be held in all such places on the same day or days and between the same hours. 110. (1) Any interested person who has reasonable grounds to believe Complaints against that the election of any person to any office in a representative body has irregularities in elections been conducted in an irregular manner, that person may, not later than twenty-one days after the holding of such election, lay a complaint before the Court. (2) The Court may, if it is satisfied that an irregularity has occurred in the conduct of any election, declare the election null and void and order fresh elections to be conducted under the supervision of such person, and on such conditions, as the Court may determine. 111. The Minister shall each year lay before the National Assembly a Report to National Assembly report on the working of this Act. 112. The Minister may, by statutory instrumentRegulations by Minister Conduct of ballots
(a) make regulations for the purpose of giving effect to the provisions of this Act; and (b) make regulations prescribing all matters which by this Act are required or permitted to be prescribed. (As repealed by Act No. 30 of 1997)
113. (1) The Industrial Relations Act, 1990, is hereby repealed. (2) Notwithstanding the repeal of the Industrial Relations Act, 1990, any statutory instrument or directive issued or made under that Act shall remain in force, so far as it is not inconsistent with this Act until revoked or cancelled under this Act.
Repeal and savings Act No. 36 of 1990
SCHEDULE
(Sections 11, 29, 42, 56) The Constitution of every representative body shall include(a) (b) the name of the representative body and the address of its registered office in Zambia; the principal objects for which the representative body is established and the class or classes of employees or employers which the representative body shall represent:
Provided that(i) a representative body may include in its constitution objects other than principal objects and, subject to the other provisions of this Act, any such representative body shall have power to apply its funds for any lawful objects authorised under its constitution; (ii) no objects of any representative body shall not, by reason that they are in restraint of trade, be unlawful so as to render void or voidable any agreement or trust; (c) (d) the purposes to which the funds of the representative body may be applied; the organisational structure of the representative body, the mode of appointment and removal of the officers responsible for the administration of the representative body and the powers and duties of such officers; the payment of subscriptions and fees by the members and the method of collection and the grounds for disqualifying a member from voting on any matter concerning the representative body; the vesting and safe custody of the funds and property of the trade representative body, the banking and investment of its funds, and the maintenance, inspection and periodic auditing of its accounts and all other financial records; provision for disqualification from election or appointment to
(e)
(f)
(g)
any office in the representative body of any office holder who has misappropriated the funds of the representative body; (h) the election of the officers within six months after registration of a representative body and thereafter, at regular intervals of not more than four years; the election of not less than two and not more than four trustees of the representative body; the election by secret ballot supervised by a proper officer for a strike; the procedure for amending the constitution of the representative body; and a provision to ensure that all classes of members of a representative body are adequately and effectively represented on all organs of a representative body.
(i) (j) (k) (l)
CHAPTER 269 CAP. 269 THE INDUSTRIAL RELATIONS ACT SECTION 109-THE CONDUCT OF BALLOT REGULATIONS Regulations by the Minister
1. These Regulations may be cited as the Conduct of Ballot Title and Regulations, and shall apply to every ballot conducted by a trade union, application the Congress, association, the Federation or any other body of members thereof. 2. Where a trade union, the Congress, association or the Federation is Notification of required to conduct a ballot it shallballot (a) not less than seventy-two hours before the ballot is held, notify the proper officer in writing specifying the matter to be determined and the day and the time when balloting shall take place; not less than twenty-four hours before the ballot is held, furnish to the proper officer a list of the persons who are eligible to vote in the ballot together with such other particulars concerning such persons as the proper officer may require;
(b)
(c)
on the request of the proper officer, furnish him with such evidence, by affidavit or otherwise, as he may require as to the eligibility to vote of all or any of the persons referred to in paragraph (b); before the ballot is conducted, give adequate notice of such intention to its members:
(d)
Provided that in the case of a strike ballot or lockout ballot not less than forty-eight hours notice shall be given to the members before such ballot is conducted. 3. The proper officer in consultation with a trade union, the Congress, Establishment association or the Federation, as the case may be, shall appoint a place or of voting points places at which the voting point shall be established. 4. Every voting point shall throughout the period of voting be supervised by a proper officer who shall keep order thereat, and shall regulate the number of voters to be admitted to such point at any one time. Supervision of voting points
5. If the proper officer so directs, the trade union, Congress, Equipment at association or Federation shall not less than one hour before the voting voting points is held, provide, to the satisfaction of the proper officer, enclosed voting booths, chairs and tables in such number as may be necessary. 6. For the purpose of enabling voters to cast their votes for or against the proposal to be determined by the ballot, the proper officer shall(a) (b) (c) (d) determine the number of ballot boxes to be put in voting booth; ensure that each ballot box is clearly distinguished from the other, by colour or by a mark affixed to it; affix notice at the entrance to each voting booth stating the proposal to be determined by the booth; take such steps as may seem to him necessary to explain to voters the purpose and method of voting. Structure of ballot boxes Distinguishing ballot boxes, etc.
7. Each ballot box shall be constructed in such a manner that the balloting tokens can be freely introduced therein but cannot be withdrawn therefrom without the box being unlocked, cut or broken
open. 8. (1) Immediately before a ballot is held, the presiding officer shall show each ballot box empty to (a) any representative of a trade union, the Congress, association or the Federation who may be present and who has previously made his presence known to the proper officer; such other persons as may be present. Condition of ballot boxes
(b)
(2) The proper officer shall ensure that the ballot box is sealed in a manner that it cannot be opened without breaking the seal. 9. Every ballot shall be conducted in accordance with the following provisions, that is to say(a) every voter taking part in a ballot shall present himself to the proper officer at a voting point during the hours laid down for the taking of the ballot and shall before recording his vote, identify himself by the production of his membership card or otherwise, as the proper officer may direct; the proper officer shall mark off the name or number of each voter on the list provided under paragraph (b) of regulation 2; the proper officer shall then deliver to the voter a token marked with an official mark in such form as the proper officer may direct and any token not so marked shall be void and shall not be counted; the voter shall thenenter the balloting booth alone; record his vote by placing the token in the ballot box or boxes as the case may be, provided therein; and leave the balloting booth without delay. Conduct of ballot
(b) (c)
(d) (i) (ii)
(iii)
10. As soon as practicable after the close of each day of voting, the Sealing of proper officer shall at each voting point seal each ballot box, and all the ballot boxes ballot boxes together shall be locked by him in such place as he may after voting
provide for the purpose. 11. Any person otherwise eligible to vote at any voting point who, at the time of voting, finds himself at another voting point may cast his vote at that point: Provided that(a) (b) he can satisfactorily identify himself to the proper officer at the voting point where he wishes to cast his vote, and he is in possession of a letter from a responsible official of the trade union, Congress association or Federation as the case may be, stating that he is eligible to vote in the ballot; or any proper officer at the voting point where such person wishes to cast his vote has been advised by telegram or otherwise in terms similar to those specified under paragraph (b). Voting at other voting points
(c)
12. The trade union, Congress, association or Federation may appoint Representative at counting of no more than three representatives to attend at the counting of votes after the ballot has been closed. votes 13. (1) Except in the case of a ballot conducted at more than one voting Counting of point, the proper officer at each voting point shall, as soon as practicable votes after the close of voting, count the votes and record the result of the ballot in the presence of representatives referred to under regulation 12 and the result so recorded shall be published in such a manner as the proper officer may direct. (2) Where a ballot is conducted at more than one voting point the ballot figures for all voting points shall be added together so as to record the total results of the ballot and the result shall be published in such manner as the Labour Commissioner may direct. SECTION 112-THE REPRESENTATIVE BODY (REGISTRATION AND PRESCRIBED FORMS) REGULATIONS Regulations by the Minister 1. These Regulations may be cited as the Representative Body (Registration and Prescribed Forms) Regulations.
Title
2. In these Regulations, unless the context otherwise requires"representative body" means any representative body under the Industrial and Labour Relations Act, 1993, and includes a trade union, the Congress, an association and the Federation. 3. An application for registration as a representative body, shall be in Form 1 set out in the Schedule. 4. An employee engaged or employed in an essential service as provided for under section one hundred and seven of the Industrial and Labour Relations Act, shall be issued with an essential service certificate by his employer in Form 7 set out in the Schedule. 5. The forms set out in the Schedule to these Regulations are hereby prescribed for the purpose mentioned in each form.
Interpretation Cap. 269
Registration as representative Essential service certificate
Prescribed forms
SCHEDULE
Form 1
PRESCRIBED FORMS (Regulation 3) THE INDUSTRIAL AND LABOUR RELATIONS ACT Cap. 269 The Representative Body (Registration and Prescribed Forms) Regulations. APPLICATION FOR REGISTRATION OF REPRESENTATIVE BODY 1. This application is made by(a) not less that one hundred trade union members; or (b) not less than five association members or such lesser number as the Commissioner may accept. 2. The representative body shall be registered in the name of
as set out in rule No. of the constitution of the representative body. 3. To the best of our belief, there is no other existing representative body registered in the name identical to or so nearly resembles the names of this representative body, so as to cause confusion to its members and the public at large. 4. The representative body was established on the ........................................................... day of ..................................................... in the year......................................................,by a resolution of the general meeting of the said representative body and an authenticated copy of such a resolution is hereby attached to this application. 5. The registered office of the representative body to which all communications and notices may be addressed is at as set out in rule No. ...................................................................... of the constitution of the representative body. 6. The objects for which the representative body is established, and the class or classes or category or categories of employees or employers as the case may be which the representative body shall represent is set out in rule No. ................................. of the
constitution of the representative body. 7. The provision for the organisational structure of the representative body, the mode of appointment and removal of officers responsible for the administration of the representative body and the powers and duties of such officers are set out in rule No. ....................... of the constitution of the representative body. 8. The purpose to which the funds of the representative body may be applied are set out in rule No. .......................................... of the constitution of the representative body. 9. The provision for the payment of subscriptions and fees by the members and the methods of collection thereof are set out in rule No. ............................... of the constitution of the representative body. 10. The provision for the vesting and safe custody of the funds and property of the representative body, and the banking and investment of the funds, maintenance, inspection and periodical auditing of its accounts and other financial records are set out in rule No. ............................... of the constitution of the representative body. 11. The provisions for disqualification of a member from voting on any matter concerning the representative body or from election or appointment to any office in the representative body of an office holder who has the function of dealing with the funds or to any office in the representative body or its organs are set out in rule No. ......................... of the constitution of the representative body. 12. The provision for election of officers within six months after registration of the representative body, and thereafter at regular intervals of not more than four years are set out in rule No. .......................... of the constitution of the representative body. 13. The provision for ensuring that all categories of members of the representative body are adequately and effectively represented on all the organs of the representative body are provided for in rule No. ........................... of the constitution of the representative body. 14. The provision for the manner of dissolving the representative body are set out in rule No..........of the constitution of the representative body. 15. The provision for ensuring the secrecy of any ballot regarding the taking of decisions(a) (b) for the election of delegates, trustees or other officers; affiliation or disaffiliation to national or international organisations;
(c) on any proposal to dissolve the representative body or to reconstitute it so as to split it into two or more representative bodies; (d) on any proposal to amalgamate it with one or more representative bodies, are set out in rule No..........of the constitution of the representative body. 16. The procedure for amending or altering the constitution of the representative body is provided for in rule No. ........................... of the constitution of the representative body. 17. The provision for safe-guarding the rights of individual members to a reasonable opportunity to vote in all matters concerning the representative body or to stand for any position in the representative body are set out in rule No. ...................... of the constitution of the representative body.
18. Accompanying this application are two copies of the constitution authenticated by duly authorised officers of the representative body. 19. The names and titles of officers of the representative body (including trustees) are as followsName Address Designation (a) (b) (c) (d) (e) (f) (g) (h) (i) (j) (k) 20. We, the undersigned, have been duly authorised by the representative body to make this application on its behalf. (The number required to make this application should be as indicated in paragraph 1). Name Employer Address Signature 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13.
Form 2
THE INDUSTRIAL AND LABOUR RELATIONS ACT (Cap. 269) The Representative Body (Registration and Prescribed Forms) Regulations (Regulation 5) CERTIFICATE OF REGISTRATION No. IT IS HEREBY CERTIFIED that the whose registered office is situated at has been duly registered under the Industrial and Labour Relations Act, 1993, as a representative body for this ................................................ day of ................................................, the year .............. Signed: ...................................................................... Name:......................................................................... Commissioner
Form 3
THE INDUSTRIAL AND LABOUR RELATIONS ACT (Cap. 269) The Representative Body (Registration and Prescribed Forms) Regulations (Regulation 5) APPLICATION FOR REGISTRATION OF ALTERATION OR ADDITION TO THE REPRESENTATIVE BODY'S CONSTITUTION Name of Representative Body Certificate of Registration No. Registration office situated at 1. This application for the registration or alteration or addition to the constitution of the above named representative body is made by(a) seven members in case of trade union; or (b) four members in case of employer's association, whose names are subscribed at the foot hereof including the executive officers. 2. The applicants have been duly authorised to make this application on behalf of the said representative body, such authority consisting of a resolution passed at a general meeting held on the ............................................... day of .................................................... in the year ......................................... 3. With this application are sent(a) a copy of the resolution or other authority authorising the alteration or addition to the constitution and signed by each of the applicants with their name and designation against each signature; (b) two copies of the previous registered constitution amended or underlined in red showing where and in what manner alterations or addition have been made. 4. We, the persons whose names, signatures and designations are subscribed at the foot hereof, have made this application on behalf of the said representative body satisfied that the rules of the constitution were duly complied with. Name Signature Designation 1. 2. 3. 4. 5. 6.
7.
Form 4
THE INDUSTRIAL AND LABOUR RELATIONS ACT (Cap. 269) The Representative Body (Registration and Prescribed Forms) Regulations, 1994 (Regulation 5) REQUEST TO CANCEL CERTIFICATE OF REGISTRATION Name of the Registration Body Certificate of Registration No. To: THE COMMISSIONER 1. The above-named representative body desires that its certificate of registration under the Industrial and Labour Relations Act, 1993 may be cancelled on the following grounds: (State reasons for desiring cancellation of the certificate of registration) 2. (1) The request is duly made following a general meeting on .................................... day of ............................................ 19......... during which it was resolved as follows: "that the trustees be authorised to request the commissioner to cancel the certificate of registration of this representative body" (2) If not at the general meeting, state in what manner the request has been determined:
3. This request is made on behalf of the representative body accordingly. Name Designation Signature 1. 2. 3. 4. 5.
6. 7. Note: Seven officers are required in case of trade unions whilst four officers are required for employers' associations. Registered Office Name and address to which communications are to be sent
Form 5
THE INDUSTRIAL AND LABOUR RELATIONS ACT The Representative Body (Registration and Prescribed Forms) Regulations (Regulation 5) To: The Commissioner P.O. Box 32186 Lusaka I/We (name and address of employer)
carrying on the business of at and employing ....................................................................... eligible employees, do hereby apply for registration as an employer under section sixty-three of the Act. Dated the day of ........................................................... 19............. Signature Designation:
Form 6
THE INDUSTRIAL AND LABOUR RELATIONS ACT (Cap. 269) The Representative Body (Registration and Prescribed Forms) Regulations (Regulation 5) CERTIFICATE OF REGISTRATION IT IS HEREBY CERTIFIED that (name and address of employer)
carrying on the business of is registered as an employer under section sixty-three of the Act. Dated the ................................................ day of ....................................... 19............ Signature: .............................................................. Name: .................................................................... Commissioner
Form 7
THE INDUSTRIAL AND LABOUR RELATIONS ACT (Cap. 269) The Representative Body (Registration and Prescribed Forms) Regulations (Regulation 5) ESSENTIAL SERVICE CERTIFICATE Name and address of employer Name of employee: Employee's National Registration Card No. Capacity in which employed This is to certify that the employee mentioned herein is employed in an essential service (specify it here) Dated this ...................................................... day of ......................................... 19.......... Signed: .......................................................... Signed: Name: ............................................................ Name: (Employee) (Employer) Note: This certificate must be prepared in duplicate and one copy to be handed to the employee and the other copy to be retained by the employer.
THE INDUSTRIAL RELATIONS COURT RULES [ARRANGEMENT OF RULES]
PART I PRELIMINARY
Rule 1. 2. Title Interpretation
PART II APPLICATIONS TO THE COURT

3. 4. 5. 6. 7. Application of Part II Institution of proceedings Serving of notice of application Respondent's answer Disposal of application
PART III COMPLAINTS TO THE COURT

8. 9. 10. 11. 12. Application of Part III Institution of proceedings Service of notice of complaint Respondent's answer Disposal of complaint
PART IV APPEALS TO THE COURT
13. 14. 15. 16. 17. 18. 19.
Application of Part IV Institution of appeal Time for appealing Service of notice of appeal Respondents to appeals Respondent's answer Disposal of appeal
PART V REFERENCE OF A COLLECTIVE DISPUTE TO THE COURT

Rule 20. 21. 22. 23. 24. 25. 26. 27. Application of Part V Reference of a collective dispute to the Court Registration of reference Date and place for giving directions Statement of claim and answer Further and better particulars Witnesses and hearing Award
PART VI REFERENCE UNDER SECTION 28 (4) OF A DISPUTE BETWEEN TRADE UNIONS

28. 29. Reference under section 28 (4) Cognizance of a dispute
PART VII GENERAL PROVISIONS APPLYING TO ALL PROCEEDINGS

30. 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. 41. 42. 43. 44. 45. 46. 47. 48. 49. Application of Part VII Time and place of proceedings Joinder of parties Interlocutory applications Powers of a single Judge Appeal from interlocutory orders Directions Court's power to give direction Interim orders Notice to admit documents and facts Discovery of documents Interrogatories Default by parties Drawing up and enforcement of orders Costs Service of documents Conciliation Extension or abridgment of time Non-compliance with, and waiver of, rules Place and time of hearing
PART VIII MISCELLANEOUS

50. 51. Committal for contempt of Court Warrant to apprehend
52. 53. 54. 55. 56. 57. 58. 59. 60.
Warrant of detention Forms Power to enter premises Power of the Court not limited by these Rules Interpreter Representation of parties Forms of writ, etc. Orders to be enforced as a decree Form of proceedings
PART IX EVIDENCE AND PROCEDURE IN THE COURT

61. 62. 63. 64. 65. 66. 67. Calling upon a party Admission of evidence Evidence on oath Oral evidence and affidavit Form of affidavit Statistical statements Party to supply list of books, etc.
PART X FILING OF APPLICATIONS, APPEALS, COMPLAINTS, REFERENCES, STATEMENTS OF CLAIM, ANSWERS AND OTHER DOCUMENTS
68. Filing of documents
69. 70. 71.
Copies Registrar to scrutinise before filing Return of documents
PART XI VACANCY, SITTINGS, VACATION AND SEAL

Rule 72. 73. 74. 75. Chairman may fill vacancy occurring during hearing Sittings of the Court Working days and office hours Seal of the Court
PART XII REGISTRAR OF THE COURT

76. 77. Custody of records Applications to the Registrar
PART XIII WITNESSES' AND ASSESSORS' ALLOWANCES

78. 79. 80. Person entitled Allowances Travelling expenses
PART XIV COURT FEES
81. 82. 83. 84. 85. 86. 87.
Fees Fees payable by cash, cheques, etc. Document to be stamped Cancellation of stamps No receipt to be issued Duty of the Registrar Refund of value in certain cases
SCHEDULE-Prescribed forms and fees SECTIONS 10, 37, 99, 101 AND 108-INDUSTRIAL RELATIONS COURT RULES Rules by the Chairman
Statutory Instrument 206 of 1974 157 of 1995 34 of 1996
PART I PRELIMINARY
1. These Rules may be cited as the Industrial Relations Court Rules.* * These Rules made under the repealed Act are continued in operation by section 15 of the Interpretation and General Provisions Act (Cap. 2). 2. In these Rules, unless the context otherwise requiresInterpretation Title
"Act" means the Industrial Relations Act; "Registrar" means the Registrar of the Court and includes any officer of the Court authorised by the Chairman to perform the functions of the Registrar; "Court" means the Industrial Relations Court established under section ninety-six; "Judge" means the Chairman or the Deputy Chairman;
"Part" means a Part of these Rules; "seal" means any device capable of making an imprint, whether embossed or otherwise, on paper.
PART II APPLICATIONS TO THE COURT

3. This Part applies to applications to the Court undersection 17 (injunction against an officer of a trade union); section 44 (injunction against an officer of an association); section 74 (3) (determination of alleged contravention of written laws or infringement of collective agreements, works agreements or works rules); section 88 (interpretation of any clause in a collective agreement); section 99 (1) (declaration by the Court); and section 102 (Court to resolve ambiguities in collective agreements, its awards and decisions). 4. An application to which this Part applies shall be made by serving Institution of on the Court notice in writing in, or substantially in accordance with, the proceedings appropriate form in Part A of the Schedule. *These Rules made under the repealed Act are continued in operation by section 15 of the Interpretation and General Provisions Act (Cap. 2). 5. On receipt of a notice under rule 4, the Registrar shall register the Serving of notice in the Court register and endorse the registration number thereon notice of and seal the notice with the Court's seal, and shall return a sealed copy of applications the notice to the applicant and serve a sealed copy thereof on any other person considered by the Court to be a proper party to the proceedings, and every such person shall be a respondent to the application. 6. (1) The Registrar shall, as soon as practicable, notify every Respondent's Application of Part II
respondent of the date appointed by the Court by which an answer to the answer application must be delivered. (2) A respondent who desires to oppose the application shall, within the time appointed under sub-rule (1), deliver to the Court an answer in, or substantially in accordance with, Form IRC 7 contained in Part A of the Schedule, setting out his answer and the Registrar shall serve a copy of such answer on every party to the proceedings. 7. (1) If all parties to the proceedings have concurred in, or consented to, the application, or if no answer is delivered under rule 6 (2), the Court may, if it thinks fit, deal with the application without a hearing. (2) Except where the Court deals with the application under sub-rule (1), the Registrar shall, as soon as practicable, give to every party to the proceedings notice of the arrangements made by the Court for hearing the application and shall notify every party of the date appointed by the Court by which any interlocutory application may be made. (3) The Court may, if it thinks fit, deal with an application to which this Part relates without an oral hearing notwithstanding that the application is opposed, but the Court shall not do so unless(a) (b) all parties to the proceedings consent; or any party desiring an oral hearing has been given an opportunity of applying to the Court for such hearing and the Court is satisfied that no injustice can be caused if the application is dealt with without an oral hearing. Disposal of application
PART III COMPLAINTS TO THE COURT

8. This Part applies to complaints presented to the Court undersection 114 (2) (complaint of discrimination in employment); Application of Part III
section 120 (1) (complaint in respect of irregularities in election). 9. A complaint to which this Part applies shall be presented by serving Institution of on the Court notice in writing in, or substantially in accordance with, the proceedings appropriate form in Part B of the Schedule. 10. On receipt of a notice under rule 9, the Registrar shall register the Service of notice in the Court register and endorse the registration number thereon notice of and seal the notice with the Court's seal, and shall return a sealed copy of complaint the notice to the complainant and serve a sealed copy thereof on any person from whom any relief is claimed (and on any other person considered by the Court to be a proper party to the proceedings), and every such person shall be a respondent to the complaint. Respondent's 11. (1) The Registrar shall, as soon as practicable, notify every respondent of the date appointed by the Court by which an answer to the answer complaint must be delivered. (2) A respondent who desires to answer a complaint shall, within the time appointed under sub-rule (1), deliver to the Court an answer in, or substantially in accordance with, Form IRC 10 contained in Part B of the Schedule, setting out his answer to the complaint, and the Registrar shall serve a copy of such answer on every other party to the proceedings. 12. The Registrar shall, as soon as practicable, give to every party to the proceedings notice of the arrangements made by the Court for hearing the complaint, and shall notify every such party of the date appointed by the Court by which any interlocutory application may be made. Disposal of complaint
PART IV APPEALS TO THE COURT

13. This Part applies to appeals undersection 10 (1) (appeal from the decision of the Commissioner); Application of Part IV
section 28 (3) (appeal from decision on disputes between trade unions); section 37 (1) (appeal from the decision of the Commissioner); section 59 (4) (appeal from the decision of a trade union); section 73 (4) (appeal from decision of the Board of Review). 14. An appeal to which this Part applies shall be instituted by serving Institution of on the Court, within the time allowed under rule 15, notice in writing in, appeal or substantially in accordance with, the appropriate form in Part C of the Schedule, together with a copy of the refusal, decision or cancellation, as the case may be, against which the appeal is lodged. 15. A notice under rule 14 shall be served within thirty days of the date Time for of the notification to the appellant of the refusal, decision or appealing cancellation, as the case may be, against which the appeal is lodged. 16. On receipt of a notice under rule 14, the Registrar shall register the Service of notice in the Court register and endorse the registration number thereon notice of appeal and seal the notice with the Court's seal, and shall return a sealed copy of the notice to the appellant and serve a sealed copy thereof on every person who, in accordance with rule 17, is a respondent to the appeal. 17. (a) (b) (c) (d) The respondents to an appeal shall bein the case of an appeal under section 10 (1) or 37 (1), the Commissioner; in the case of an appeal under section 28 (3), the Congress; in the case of an appeal under section 59 (4), the trade union in question; and in the case of an appeal under section 73 (4), parties to the proceedings before the Board of Review, other than the appellant. Respondent's answer Respondents to appeals
18. (1) The Registrar shall, as soon as practicable, notify every respondent of the date appointed by the Court by which any answer under sub-rule (2) shall be delivered. (2) Subject to sub-rule (3), a respondent who wishes to resist an appeal
shall within the time appointed under sub-rule (1) deliver to the Court an answer in, or substantially in accordance with, Form IRC 16 contained in Part C of the Schedule, setting out the grounds on which he relies, and the Registrar shall serve a copy of such answer on every other party to the proceedings. (3) A respondent who wishes to cross-appeal may do so by including in an answer delivered under sub-rule (2) a statement of the grounds of his cross-appeal. 19. The Registrar shall, as soon as practicable, give to every party to the proceedings notice of the arrangements made by the Court for hearing an appeal, and shall notify every such party of the date appointed by the Court within which any interlocutory application may be made. Disposal of appeal
PART V REFERENCE OF A COLLECTIVE DISPUTE TO THE COURT

20. This Part applies to a reference of a collective dispute made to the Application of Court by the Minister. Part V 21. (1) A reference of a collective dispute made to the Court by the Minister under the provisions of section 93 (3) shall be made in writing in, or substantially in accordance with, Form IRC 17 contained in Part D of the Schedule. (2) A reference of a collective dispute made to the Court by the Minister under the provisions of section 95 (1) shall be made in writing in, or substantially in accordance with, Form IRC 18 contained in Part D of the Schedule. (3) A reference of a collective dispute shall be accompanied by a notification in writing in, or substantially in accordance with, Form IRC Reference of a collective dispute to the Court
19 contained in Part D of the Schedule, stating the details of the issues in the collective dispute. 22. When a reference of a collective dispute is made to the Court by the Registration of Minister, the Court shall take cognizance of the dispute and register the reference dispute in the Court register. 23. The Court shall notify the parties to a collective dispute referred to Date and place the Court of the registration number of such dispute and shall fix the for giving date and place for giving directions as to the further conduct of the directions dispute. 24. Each party to a collective dispute referred to the Court shall, within Statement of such period as the Court may direct, being not less than seven days after claim and answer the date of such direction, present to the Court(a) in the case of the claimant, a statement of claim in writing in, or substantially in accordance with, Form IRC 20 contained in Part D of the Schedule, setting outthe nature and full particulars of each item of the claim or demand involved in the dispute and as stated in the terms of reference to the Court; the class or classes of workers to whom the dispute relates; and such submissions as the claimant party may wish to make in support of its claim; in the case of the respondent, an answer in, or substantially in accordance with, Form IRC 21 contained in Part D of the Schedule, setting outsuch answer as it may wish to give to the items of the claim of demand raised in the statement of claim; an admission of such submissions set out in the statement of claim as the respondent admits, and a denial of such submissions as the respondent does not admit; and any submissions which the respondent may wish to make in support of its answer;
(i)
(ii) (iii) (b)
(i)
(ii)
(iii)
and shall at the same time supply to the other party a copy of such answer. 25. Where the Court considers that either the statement of claim or the Further and answer does not set out adequately the particulars required by the Court better or for any other reason the Court requires clarification or amplification particulars of any submission by a party, the Court may require the party to provide such further details as it may consider necessary within such period as it may determine, and the party so required shall provide to the Court and the other party to the dispute such clarification and amplification as is required. 26. (1) Each party shall notify the Court when submitting the statement Witnesses and of claim or answer, as the case may be, of any witnesses he proposes to hearing call and shall at the same time notify the other party to the dispute, but a party may call further witnesses with the leave of the Court. (2) The Court shall notify the parties of the date and place of the hearing of the dispute. 27. An award shall be communicated to the parties to a dispute in such Award manner as the Court may deem fit.
PART VI REFERENCE UNDER SECTION 28 (4) OF A DISPUTE BETWEEN TRADE UNIONS

28. A reference to the Court under section 28 (4) of the Act of a dispute Reference between trade unions shall be made in writing in, or substantially in under section accordance with, Form IRC 22 contained in Part D of the Schedule. 28 (4) 29. When a reference of a dispute is made to the Court under rule 28, Cognizance of a the Court shall take cognizance of the dispute and register the dispute in dispute
the Court register, and the provisions of rule 23 shall apply mutatis mutandis to such reference.
PART VII GENERAL PROVISIONS APPLYING TO ALL PROCEEDINGS

30. This Part applies to all proceedings before the Court. Application of Part VII Time and place of proceedings Joinder of parties
31. Any proceedings before the Court may be dealt with at such time and place as the Court may from time to time direct. 32. The Court may, on the application of any person or of its own motion, direct that any person not already a party to proceedings be added as a party, or that any party to proceedings shall cease to be a party, and in either case may give such consequential directions as it considers necessary. 33. (1) Without prejudice to rule 36, an interlocutory application may be made by giving notice in writing to the Court, specifying the directions or order sought. (2) On receipt of a notice under sub-rule (1), the Registrar shall serve a copy thereof on every other party to the proceedings who appears to him to be concerned in the matter to which the notice relates and shall notify the applicant and every such other party of the arrangements made by the Court for dealing with the application.
Interlocutory applications
34. A single Judge of the Court may exercise any powers vested in the Powers of a Court not involving the final determination of a dispute or other matter, single Judge hereafter referred to as an interlocutory matter.
35. (1) Where an interlocutory order is made by a Judge in pursuance of Appeal from rule 34, any party aggrieved by the order may appeal to the Court. interlocutory orders (2) Notice of appeal under sub-rule (1) may be given to the Registrar, either orally or in writing, within three days of the order appealed from and the Registrar shall notify every other party who appears to him to be concerned in the appeal and shall inform every such party and the appellant of the arrangements made by the Court for dealing with the appeal. Directions 36. (1) Where it appears to the Court that the future conduct of any proceedings would thereby be facilitated, the Court may (either of its own motion or on application) at any stage of the proceedings appoint a date for the giving of directions as to their future conduct and thereupon the following provisions of this rule shall apply. (2) The Registrar shall give to every party to the proceedings notice of the date appointed under sub-rule (1) and any party applying for directions shall, if practicable, before that date give to the Court particulars of any directions applied for. (3) The Registrar shall take such steps as may be practicable to inform every party of any directions applied for by any other party. (4) On the date appointed under sub-rule (1), the Court shall consider any application for directions made by any party and any written representation relating thereto and shall give such directions as it thinks fit for the purpose of securing the just, expeditious and economical disposal of the proceedings, including, where appropriate, directions in pursuance of rule 46 for the purpose of ensuring that the parties are enabled to avail themselves of opportunities for conciliation. (5) Without prejudice to the generality of sub-rule (4), the Court may give such directions as it thinks fit as to(a) the amendment of any notice, statement of claim, answer or other document;
(b) (c) (d) (e) (f) (g)
the giving of further and better particulars; the delivery of interrogatories; the admission of any facts or documents; the discovery or further discovery of any documents; the mode in which evidence is to be given at the hearing; the consolidation of the proceedings with any other proceedings pending before the Court; and the place and date of the hearing.
(h)
(6) An application for further directions, or for a variation of any directions already given, may be made in accordance with rule 33. 37. Without prejudice to rule 36, the Court may, at any stage of the proceedings, of its own motion give any party to the proceedings directions as to any steps to be taken by him in relation thereto. Court's power to give direction
38. The Court may, on the application of any party, make, as an interim Interim orders order, any order which under the Act it could make as a final order in the proceedings. 39. (1) Any party may, not less than fourteen days before the date fixed Notice to admit for the hearing, serve notice on any other party requiring him to admit documents and (saving all just exceptions) the authenticity of any documents specified facts in the notice, and unless that other party, within seven days of service of the notice upon him, gives notice to the first party requiring the document to be proved at the hearing, he shall be deemed, unless the Court otherwise directs, to have admitted its authenticity. (2) Any party may, not less than fourteen days before the date fixed for the hearing, give to any other party notice to admit, for the purpose of the proceedings, any facts specified in the notice, and the Court shall, in exercising its discretion as to making an order for costs or expenses
under rule 44, take into consideration any unreasonable failure to admit, or delay in admitting, such facts. 40. A party to any proceedings may apply to the Court for an order Discovery of directing any other party to make discovery or further discovery, either documents on oath or otherwise, of the documents relating to the proceedings which are or have been in his possession or power, and on the hearing of the application the Court may make such order, either generally or limited to certain classes of documents or to particular documents, as it thinks fit, including an order for the production or inspection of any documents. 41. (1) A party to any proceedings may apply to the Court for an order Interrogatories requiring any other party to answer interrogatories (or, as may be appropriate, a statement of facts), and the Court may give such directions as it thinks fit for the submission to the Court and service on any other party of the interrogatories or statement before the hearing of the application. (2) A body corporate or an unincorporated association shall answer any interrogatories or statement of facts by its director, manager, secretary or other officer. 42. If a respondent to any proceedings fails to deliver an answer within Default by the time appointed under these Rules, or if any party to proceedings fails parties to comply with an order or direction of the Court, the Court may order that he be debarred from taking any further part in those proceedings (except for the purpose of being heard on any application for discovery or recovery of documents, or the answering of interrogatories or a statement of facts, or the payment of costs or expenses by him), or may make such other order as the court thinks just. 43. Every order of the Court shall be drawn up by the Registrar and a copy, sealed with the seal of the Court, shall be served by the Registrar on every party to the proceedings to which it relates. Drawing up and enforcement of orders
44. (1) Where it appears to the Court that any person has been guilty of Costs unreasonable delay, or of taking improper, vexations or unnecessary steps in any proceedings, or of other unreasonable conduct, the Court may make an order for costs or expenses against him.
(2) Where an order is made under sub-rule (1), the Court may direct that the party against whom the order is made shall pay to any other party a lump sum by way of costs or expenses, or such proportion of the costs or expenses as may be just, and in the last mentioned case may itself assess the sum to be paid, or may direct that it be assessed by the Registrar, from whose decision an appeal shall lie to the Court. 45. (1) Any notice or other document required or authorised by these Service of Rules to be served on, or delivered to, any person may be sent to him by documents post to his address for service or, where no address for service has been given, to his registered office, principal place of business or last known address, and any notice or other document required or authorised to be served on, or delivered to, the Court may be sent by post or delivered to the Registrar. (2) A document served by post shall be assumed, in the absence of evidence to the contrary, to have been delivered in the normal course of post. (3) The Court may inform itself in such manner as it thinks fit of the posting of any document by an officer of the Court. (4) Any notice or other document required or authorised to be served on, or delivered to, an unincorporated body may be sent to its secretary, manager or other similar officer. (5) The Court may direct that service of any document be dispensed with or be effected otherwise than in the manner prescribed by these Rules. 46. In exercising its powers under these Rules, the Court may, whether Conciliation by adjourning any proceedings or otherwise, use its best endeavours to ensure that, in any case in which it appears to the Court that there is a reasonable prospect of agreement being reached between the parties, they are enabled to avail themselves of the services of conciliation officers or of other opportunities for conciliation. 47. The time prescribed by these Rules or by order of the Court for Extension or
doing any act may be extended (whether it has already expired or not) or abridgment of abridged, and the date appointed for any purpose may be altered, by time order of the Court. 48. (1) Failure to comply with any requirements of these Rules shall not invalidate any proceedings unless the Court otherwise directs. Non-compliance with, and waiver of, rules
(2) The Court may, if it considers that to do so would lead to the more expeditious or economical disposal of any proceedings, or would otherwise be desirable in the interests of justice, dispense with the taking of any step required or authorised by these Rules, or may direct that any such step be taken in some manner other than that prescribed by these Rules. 49. (1) A hearing by the Court shall take place at such time and place as Place and time the presiding Judge may determine. of hearing (2) The Court shall have the power to adjourn any proceedings from time to time and from place to place.
PART VIII MISCELLANEOUS

50. Where a person has been committed to prison for contempt of Court, a warrant in Form IRC 23 contained in Part E of the Schedule shall be issued by a Judge of the Court and shall be full authority to the officer in charge of a prison and to all other persons for carrying into effect the order of committal described in such warrant. 51. A warrant to apprehend a person under subsection (1) of section one hundred and five of the Act shall be in Form IRC 24 contained in Part E of the Schedule. 52. A warrant to detain a witness in custody under subsection (2) of Committal for contempt of Court
Warrant to apprehend
Warrant of
section one hundred and five of the Act shall be in Form IRC 25 contained in Part E of the Schedule.
detention
53. The Forms set out in Part F of the Schedule or forms substantially Forms to the like effect with such variations as the circumstances of each case may require, shall be used for all matters to which they may be applicable. 54. The Court or any other person authorised in writing in that behalf may at any time prior to the final determination of a matter before the Court enter any building, factory, workshop or other place or premises whatsoever and inspect the same or any work or machinery or interrogate any person therein in respect of anything situated therein or any question relating to the matter. Power to enter premises
55. Nothing in these Rules shall be deemed to limit or otherwise affect Power of the the power of the Court to make such order as may be necessary for the Court not limited by these ends of justice or to prevent the abuse of the process of the Court. Rules 56. If in any matter a party, witness or other person is unable to speak Interpreter or understand the English language, the Court may direct a fit and proper person to attend and interpret the proceedings. Before so interpreting the Court may ask such person to swear an oath in the following terms: "I swear that I will well and truly interpret and explanation make of all such matters and things as shall be required of me to the best of my skill and understanding. So help me God." 57. When a party is represented by a person other than a legal Representation practitioner, he shall file an authority to represent the party in, or of parties substantially in accordance with, Form IRC 27 contained in Part F of the Schedule. 58. All writs and mandatory process to be used, issued or awarded by the Court shall run and be in the name of the President, and shall be sealed with the seal of the Court. Forms of writ, etc.
59. The process of the Court shall run throughout Zambia and an order Orders to be of the Court shall be executed and enforced in like manner as if it were a enforced as a judgment of the High Court. decree 60. (1) All proceedings, agreements or other documents filed in the Form of Court shall save in the circumstances referred to in sub-rule (2) be on proceedings metric foolscap paper of good quality and shall be typewritten, mimeographed or printed in double spacing and shall be clear and easily legible. Only one side of the paper shall be used and a margin of not less than 4 cm shall be left on the left-hand side of each sheet. (2) Where the nature of the document so requires, it may be reproduced by a photographic method. (3) Any proceedings before the Court shall be paged consecutively and shall contain the following documents in the order in which they are hereinafter set out: (a) a complete index of all documents in the case showing the pages at which they appear; all documents in the nature of pleadings in chronological order; copies of all affidavits and exhibits to be relied on by the parties; where the proceeding is an appeal from the decision of the Commissioner, a trade union or the Board of Review, a copy of the evidence and any other material placed before the Commissioner, the trade union or the Board of Review, as the case may be; such other documents, if any, as may be necessary for the proper determination of the proceedings.
(b) (c) (d)
(e)
PART IX EVIDENCE AND PROCEDURE IN
THE COURT
61. The Court may call upon the parties in such order as it may think fit Calling upon a to state their case. party 62. The Court may accept, admit or call for any evidence at any stage Admission of of the proceedings and in any manner it thinks fit. evidence 63. Unless the Court otherwise directs, a witness shall give his Evidence on evidence on oath or solemn affirmation administered in accordance with oath the provisions of section thirty-six of the High Court Act. Cap. 27 64. A witness at any proceedings shall be examined viva voce but the Court may at any time order that any particular fact may be proved by affidavit. 65. An affidavit filed in the Court shall be in, or substantially in accordance with, Form IRC 26 contained in Part F of the Schedule. 66. Where statistical statements are to be filed as exhibits, on each statement shall be mentioned the following particulars: (a) (b) the source from which the figures have been compiled; and the name of the party submitting the exhibit. Party to supply list of books, etc. Oral evidence and affidavit
Form of affidavit Statistical statements
67. In every matter fixed for hearing, if a party intends to rely on a book, publication, law report, etc., it shall file with the Registrar and serve on all other parties not less than four days before the date of hearing a list of such books, publications, law reports, etc.
PART X FILING OF APPLICATIONS, APPEALS, COMPLAINTS,
REFERENCES, STATEMENTS OF CLAIM, ANSWERS AND OTHER DOCUMENTS

68. Every application, appeal, complaint, reference, statement of claim, answer or other document shall be filed in the office of the Registrar. Filing of documents
69. Wherever under these Rules, any application, appeal, complaint, Copies reference, statement of claim, answer or other document is required to be filed with the Court, there shall also be filed eight copies of such document, but the Registrar may in any case order that a greater or lesser number of copies shall be filed. 70. Every application, appeal, complaint, reference, statement of claim, answer or other document to be filed with the Court shall be scrutinised by the Registrar and if it is in order shall be admitted to the file, entered in the register and given the case number. Every such document shall be sealed by the Registrar and shall thereupon be deemed to be issued. Registrar to scrutinise before filing
71. If a document is not in order by reason of any formal defect, it shall Return of be returned by the Registrar for rectification of the defect. documents
PART XI VACANCY, SITTINGS, VACATION AND SEAL

72. If at any time between the commencement of the hearing of any matter and its final determination any member of the Court hearing such matter dies or is unable through serious illness to continue to sit as a member of the Court, the Chairman may, if he is of the opinion that a new hearing would result in unwarranted delay or expense or would for Chairman may fill vacancy occurring during hearing
any reason prejudice the parties or any of them, appoint another member of the Court to fill the vacancy. 73. The sittings of the Court shall be two in every year, the first sitting Sittings of the commencing on the 22nd day of January and terminating on the 31st day Court of May and the second sitting commencing on the 24th day of July and terminating on the 30th day of November: Provided that the chairman may by statutory order alter the date of commencement or termination of a sitting of the Court. 74. (1) The offices of the Court shall be open on every day of the year except on Saturdays, Sundays, public holidays and such other days as the Chairman may direct. (2) Subject to any order of the Chairman, the offices of the Court shall be open to the public on working days(a) during a sitting, from 0900 hours to 1200 hours and from 1400 hours to 1600 hours; and during vacation, from 0900 hours to 1200 hours. Working days and office hours
(b)
75. (1) There shall be used in the Court such seal as the Chairman may Seal of the direct. Court (2) The seal of the Court shall be impressed upon every document required by the Act or the rules made thereunder or any other written law to be so sealed. (3) The seal of the Court shall be kept in the custody of the Registrar.
PART XII REGISTRAR OF THE COURT
76. The Registrar shall have the custody of the records of the Court and Custody of shall exercise such functions as are assigned to him under these Rules or records as may be assigned to him by the Chairman or the Deputy Chairman. 77. Application in the following matters shall be made to the Registrar Applications to in writing in, or substantially in accordance with, the Form IRC 28 the Registrar contained in Part F of the Schedule or a letter addressed to him(a) (b) (c) (d) (e) for certified copies of documents; for issue of summonses to witnesses in any matter filed in or referred to the Court; for inspection of documents filed in the Court; for withdrawal of matters filed in the Court before these are placed for hearing; and for return of exhibits.
PART XIII WITNESSES' AND ASSESSORS' ALLOWANCES

78. A witness or an assessor, other than a public officer or a person Person entitled having an interest in the proceedings for which he is summoned, who has duly attended at or for the proceedings at the instance of a party or the Court, shall be entitled to allowances, unless the Court or the Registrar shall for sufficient reason disallow the allowances of any such witness or assessor. 79. (1) The allowances of witnesses and assessors shall be as follows: Minimum sum payable per day Class of person Allowances
Maximum sum payable per day
Professional persons, owners directors or managers of business and expert witness or assessors .. .. Clerks and artisans and persons of similar status .. .. Peasant labourers and persons of similar status .. ..
..
6.00
16.00
..
1.00
6.00
..
0.30
1.50
(2) The above-mentioned allowances will be paid during the time for which a witness or assessor is necessarily detained and for the time reasonably occupied in travelling. (3) No additional allowance will be paid merely because the witness or assessor attends in respect of more than one case on the same day. (4) If in the opinion of the Registrar to whom a claim for allowance shall be submitted(a) a strict adherence to the scales mentioned in sub-rule (1) would result in hardship, he may in his discretion increase the amounts payable; or a reduction in any of the allowances provided for by this rule is justified in any particular case, he may in his discretion reduce or disallow the amounts payable.
(b)
80. (1) In addition to any sum to which a witness or assessor may be Travelling entitled under the last preceding rule, all witnesses and assessors expenses provided for in rule 78 shall also be entitled to be reimbursed in respect of any expenses actually and reasonably incurred in travelling to and from the Court, and for necessary accommodation and subsistence. (2) If in the opinion of the Registrar to whom a claim shall be submitted for the reimbursement of expenses, the sums expended and claimed
exceed what is reasonable, he may in his discretion reduce or disallow the amounts payable. (3) If any witness or assessor travels by his own motor vehicle or motor cycle he may claim travelling expenses at the rate of seven ngwee per kilometre and three ngwee per kilometre respectively.
PART XIV COURT FEES

81. The fees specified in Part G of the Schedule shall be paid by the party at whose instance they are incurred, and may be afterwards recovered as cost of cause, if the Court so order. The Court or a Judge may, on account of the poverty of any party, or for other sufficient reasons, dispense, if it or he sees fit, with the payment of any fee. Fees
82. The Court fees or any of the fees payable under these Rules shall be Fees payable by cash, cheques paid by cash, postal order or Bank Certified Cheque. etc. (As amended by S.I. No. 157 of 1995) 83. The document to be stamped shall be the document indicated in the Document to be stamped third column of Part G of the Schedule. Such documents shall be stamped before presentation at the Registry and unless so stamped, such document shall not, except as aforesaid, be accepted. 84. Upon receipt of any such document, the Registrar shall forthwith Cancellation of cancel such revenue stamps by means of impressing with indelible ink stamps partly upon each and every such stamp and partly upon the document to which they are affixed, the stamp of the Registry with the true date of such impression and by writing his initials across or within the impression in such manner that the stamps are clearly defaced. 85. A receipt shall be issued by the Court or any officer thereof in respect of fees paid. (As amended by S.I. No. 157 of 1995) No receipt to be issued
86. The Registrar shall ensure that each and every document requiring Duty of the to be stamped hereunder is sufficiently and properly stamped before Registrar accepting the same. 87. (1) When any document not requiring to be stamped is Refund of value inadvertently stamped or when stamps to a value in excess of those in certain cases specified in Part G of the Schedule are inadvertently affixed or such document is not presented to or is not accepted for filing by the Court, the document may at the instance of the party by whom it was so stamped be cancelled and substituted by one bearing the correct value of stamps. (2) Refunds to the value of the stamps affixed to any document cancelled under the provisions of sub-rule (1) may be made by the Registrar to the party responsible for the stamping thereof: Provided that(i) the application is made to the Registrar within thirty days of the date of cancellation of such document; and the application is accompanied by the cancelled document which shall be attached by the Registrar to the voucher in support of the refund and shall thenceforth be the property of the Government.
(ii)
SCHEDULE
PART A
REPUBLIC OF ZAMBIA IRC 1

INDUSTRIAL RELATIONS COURT Application No. .................................., 19.......... NOTICE OF APPLICATION UNDER SECTION 17 (Rule 4) 1. This application is made by (name and address of applicant) 2. Any communication for the applicant relating to this application may be sent to (applicant's address for service, including telephone number, if any)
3. Name, designation and address of the officer of the trade union against whom the order is sought to be made and the name and address of the trade union (name, designation and address of that person) (name and address of the trade union) 4. The grounds on which the application is made are (here set out the facts and matters relied on in support of the application): 5. The applicant desires the Court to make the following order (here set out the other order desired):
Date: ..............................................................
Signed:

INDUSTRIAL RELATIONS COURT Application No. .................................., 19.......... NOTICE OF APPLICATION UNDER SECTION 44 (Rule 4) 1. This application is made by (name and address of the applicant) 2. Any communication for the applicant relating to this application may be sent to (applicant's address for service, including telephone number, if any)
3. Name, designation and address of the officer of the association against whom injunction is sought and the name and address of the association (name and address of the officer) (name and address of the association) 4. The grounds on which the application is made are (here set out the facts and matters relied on in support of the application):
5. The applicant desires the Court to make the following order (here set out the order desired):
Date: ........................................................
Signed:

INDUSTRIAL RELATIONS COURT Application No. .................................., 19.......... NOTICE OF APPLICATION UNDER SECTION 74 (3) (Rule 4) 1. This application is made by (name and address of the applicant)
2. Any communication for the applicant relating to this application may be sent to (applicant's address for service, including telephone number, if any)
3. The application relates to the employee of (name(s) and address(es) of employer(s) concerned) 4. This application relates to the following contravention or infringement (here specify the alleged contravention or infringement):
5. The grounds on which this application is made are (here summarise the facts and matters relied on in support of the application):
6. The applicant seeks the following relief (here specify the relief under section 74 sought by the applicant): Date: .............................................................. Signed:

INDUSTRIAL RELATIONS COURT Application No. .................................., 19.......... NOTICE OF APPLICATION UNDER SECTION 88 (Rule 4) 1. This application is made by (name and address of the applicant)
2. Any communication for the applicant relating to this application may be sent to (applicant's address for service, including telephone number, if any)
3. The applicant and .............................................................. (name(s) and address(es) of other (party) (parties) to the collective agreement to which this application relates) are parties to (here give particulars of the collective agreement):
4. The applicant desires the Court to interpret the meaning of the following provisions in the collective agreement (here give the provisions for which interpretation is sought):
5. The applicant encloses herewith his memorandum in support of his interpretation (enclose the memorandum). Date: .............................................................. Signed:

INDUSTRIAL RELATIONS COURT Application No. .................................., 19.......... NOTICE OF APPLICATION UNDER SECTION 99 (1) (Rule 4) 1. This application is made by (name and address of the applicant):
2. Any communication for the applicant relating to this application may be sent to (applicant's address for service, including telephone number, if any):
3. The name(s) and address(s) of (organisation(s) and (person(s)) concerned in this application are (name(s) and address(es) of proposes respondents):
5. The applicant desires the Court to make a declaration to the following effect (here set out the declaration applied for):
Date: ..............................................................
Signed:

INDUSTRIAL RELATIONS COURT Application No. .................................., 19.......... NOTICE OF APPLICATION UNDER SECTION 102 (Rule 4) 1. This application is made by (name and address of the applicant)
2. Any communication for the applicant relating to this application may be sent to (applicant's address for service, including telephone number, if any): ..................
3.
The applicant and
................................................................. (name(s) and address(es) of other party (parties) concerned in the collective agreement, Court's award or Court's decision to which the application relates) are parties to (here give particulars of the collective agreement, Court's award or decision, as the case may be):
4. The applicant desires the Court to resolve the following ambiguity (here set out in detail the alleged ambiguity specifying suggested amendment, if any, for resolving ambiguity):
Date: ..............................................................
Signed:

INDUSTRIAL RELATIONS COURT Application No. .................................., 19.......... RESPONDENT'S ANSWER (Rule 6 (2))
}
Versus
Applicant(s)
}
May it please the Honorable Court.
Respondents(s)
The Respondent(s) above named beg(s) respectfully to submit his/their answer as under (herein set out in numbered paragraphs the Respondent's answer to the application):
Date: ..................................................................................................
Signed:
PART B

INDUSTRIAL RELATIONS COURT Complaint No. ........................................., 19........... NOTICE OF COMPLAINT UNDER SECTION 114 (2) (Rule 9) 1. This complaint is presented by (name and address of the complainant)
2. Any communication for the complaint relating to this complaint may be sent to (complainant's address for service, including telephone number, if any)
3. The name(s) and address(es) of the (employer(s)) against whom the complaint is made are (name(s) and address(es) of proposed respondent(s))
4. The grounds on which this complaint is presented are (here summarise the facts and matters relied on in support of the complaint, stating the date of alleged occurrence of the event giving rise to this complaint):
5. The complainant is seeking the following relief (here specify, in relation to each proposed respondent, the relief under section 114 (2) sought by the complainant):
Date: ..............................................................
Signed:

INDUSTRIAL RELATIONS COURT Complaint No. ........................................., 19........... NOTICE OF COMPLAINT UNDER SECTION 120 (1) (Rule 9) 1. This complaint is presented by (name and address of complainant)
2. Any communication for the complainant relating to this complaint may be sent to (complainant's address for service, including telephone number, if any)
3. The representative body against which this complaint is made is (name and address of the Congress, Federation, trade union or association alleged to have conducted election in irregular manner): 4. The grounds on which the complaint is presented are (here summarise the facts and matter relied on in support of the complaint stating the date of election in question):
5. The complainant is seeking the following relief (here specify the relief which is sought)
Date: ..............................................................
Signed:

INDUSTRIAL RELATIONS COURT Complaint No. ........................................., 19........... RESPONDENT'S ANSWER (Rule 11 (2))
}
Versus
Complainant(s)
}
May it please the Honourable Court.
Respondents(s)
The respondent(s) above named beg(s) respectfully to submit his/their answer as follows (herein set out in numbered paragraphs the Respondent's answer to the application): Date: ................................................................................................ Signed:
PART C

INDUSTRIAL RELATIONS COURT Appeal No. ................................., 19.............. NOTICE OF APPEAL UNDER SECTION 10 (1) (Rule 14) 1. The appellant is (name and address of appellant) 2. Any communication relating to this appeal may be sent to the appellant at (appellant's address for service, including telephone number, if any): 3. A copy of the *refusal/decision/cancellation by the Commissioner is attached hereto as Appendix A. 4. The *refusal/decision/cancellation by the Commissioner was notified to the appellant on (here state the date of notification): 5. The appellant appeals from the *refusal/decision/cancellation by the Commissioner mentioned in paragraph 3. 6. The appellant's grounds of appeal are (here state the grounds of appeal):
Date: .............................................................. *Delete whichever is not applicable
Signed:

INDUSTRIAL RELATIONS COURT Appeal No. ................................., 19.............. NOTICE OF APPEAL UNDER SECTION 28 (3) (Rule 14) 1. The appellant is (name and address of appellant) 2. Any communication relating to this appeal may be sent to the appellant at (appellant's address for service, including telephone number, if any):
3. A copy of the decision of the Congress is attached hereto as Appendix A. 4. The decision of the Congress was communicated to the appellant on (here state the date on which decision was communicated to the applicant): 5. 6. The appellant appeals from the decision of the Congress mentioned in paragraph 3. The appellant's ground of appeal are (here state the grounds of appeal):
7. The names and address of other trade unions in the dispute are (here state the names and addresses of the trade unions):
Date: ........................................................
Signed:

3. A copy of the *refusal/decision/cancellation by the Commissioner is attached hereto as Appendix A. 4. The appellant appeals from the *refusal/decision/cancellation by the Commissioner mentioned in paragraph 3. 5. The appellant's grounds of appeal are (here state the grounds of appeal):
6. The *refusal/decision/cancellation by the Commissioner was notified to the appellant on (here state the date of notification): Date: .............................................................. *Delete whichever is not applicable Signed:

3. A copy of the decision of ................................................... (name of the trade union) not approving the nomination of the appellant as a candidate for .................................... (specify the election for membership of a council) and giving reasons therefor is attached hereto as Appendix A. 4. Any communication relating to this appeal may be sent to the trade union in question at (trade union's address for service, including telephone number, if any)
5. The appellant appeals from the decision of the trade union mentioned in paragraph 3. 6. The appellant's grounds of appeal are (here state the grounds of appeal):
Date: ..............................................................
Signed:

INDUSTRIAL RELATIONS COURT Appeal No. ................................., 19.............. NOTICE OF APPEAL UNDER SECTION 73 (4) (Rule 14) 1. The appellant is (name and address of the appellant): 2. Any communication relating to this appeal may be sent to the appellant at (appellant's address for service, including telephone number, if any):
3. A copy of the decision of the Board of Review is attached hereto as Appendix A. 4. The appellant appeals from the decision of the Board of Review mentioned in paragraph 3. 5. The parties to the proceedings before the Board of Review, other than the appellant, were (names and addresses of other parties to proceedings resulting in a decision appealed from):
6.
The appellant's grounds of appeal are (here state the grounds of appeal):
Date: ..............................................................
Signed:

INDUSTRIAL RELATIONS COURT Appeal No. ................................., 19.............. RESPONDENT'S ANSWER (Rule 19 (2))
}
Versus
Appellant(s)
}
Respondents(s)
The Respondent(s) above named beg(s) respectfully to submit his/their answer as under (here set out in numbered paragraphs the Respondent's answer to the appeal)
Date: ..................................................................................................
Signed:
PART D

INDUSTRIAL RELATIONS COURT Reference No. ................................, 19........... NOTICE OF REFERENCE OF A COLLECTIVE DISPUTE UNDER SECTION 93 (3) (Rule 21) 1. I have received notice of a collective dispute between (here state names of the parties): 2. WHEREAS the parties to the dispute are unable to reach a settlement thereof and have requested me to refer the dispute to the Court and the Commissioner has recommended to me that such request be acceded to: NOW THEREFORE, in exercise of the powers contained in section 93 (3), I refer the said collective dispute to the Court. 3. Details of the issues in the collective dispute are as stated in Form IRC 19 attached hereto. Date: .............................................................. Minister of Labour and Social Services

INDUSTRIAL RELATIONS COURT Reference No. ................................, 19........... NOTICE OF A REFERENCE OF A COLLECTIVE DISPUTE UNDER SECTION 95 (1) (Rule 21) 1. I have received notice of a collective dispute between (here state the names of parties): 2. WHEREAS the parties to the dispute as well as the conciliator or the board of conciliation have failed to reach a settlement of the dispute: NOW THEREFORE, in exercise of the powers contained in section 95 (1), I refer the said collective dispute to the Court. 3. Details of the issues in the collective disputes are as stated in Form IRC 19 attached hereto. Date: .............................................................. Minister of Labour and Social Services

INDUSTRIAL RELATIONS COURT Reference No. ................................, 19........... NOTIFICATION OF ISSUES IN A COLLECTIVE DISPUTE UNDER SECTION 93 OR 95 (Rule 21) 1. The parties to the collective dispute are (here state the names of the parties):
2. The issues in dispute between the parties are (here state in detail each claim or demand):
Date: .............................................................. Minister of Labour and Social Services

INDUSTRIAL RELATIONS COURT Reference No. ................................, 19........... STATEMENT OF CLAIM (Rule 24)
}
Versus
Claimant(s)
}
Respondents(s)
The ............................................................................................................... abovenamed beg(s) respectfully to submit the statement of claim as follows (herein set out in numbered paragraphs the claims made and the grounds therefore):
Date: ..............................................................................................
Signature:

INDUSTRIAL RELATIONS COURT Reference No. ................................, 19........... ANSWER (Rule 24)
}
Versus
Claimant(s)
}
Respondents(s)
The Respondent(s) abovenamed beg(s) to submit his/their answer as follows (herein set out in numbered paragraphs the Respondent(s) answer to the statement of claim):
Date: ..................................................................................................
Signature:

INDUSTRIAL RELATIONS COURT NOTICE OF A REFERENCE OF A DISPUTE UNDER SECTION 28 (4) (Rule 28) 1. A dispute has arisen between us as to which of us shall have the exclusive right to represent (specify the class of employees) 2. The dispute was referred to the Congress for its decision thereon but the Congress has fialed to communicate its decision within thirty days after the dispute was referred to it. 3. NOW THEREFORE, in accordance with the provisions of section 28 (4) of the Industrial Relations Act, 1971, we hereby refer the dispute to the Court and request the Court to take cognizance thereof. 4. The addresses for service on us are as follows:
5. Details of the issues of the dispute are as stated in Appendix A attached hereto. Date .......................................Signed ............................ (for Trade Union) Date .......................................Signed ............................ (for Trade Union)
PART E

INDUSTRIAL RELATIONS COURT WARRANT OF COMMITTAL (Rule 50) To each and all Police Officers of Zambia, Officers of this Court and the Superintend-ent/Officer in Charge of the Government Prison at WHEREAS .......................................................... of ............................................................ was on the ........................................ day of ......................................., 19........, held to be in contempt of this Court and committed to prison for a period of NOW THEREFORE You are commanded in the President's name to lodge the said .......... ...................................................................... in the prison of .............................................. ........................... together with this warrant, in which prison the aforesaid order shall be carried into execution according to law and for this the present warrant shall be a sufficient authority to all whom it may concern. Date .................... at ................... .the ................... day of ......................................, 19......... Signature Chairman/Deputy Chairman, Industrial Relations Court

INDUSTRIAL RELATIONS COURT WARRANT TO APPREHEND DEFAULTING WITNESS (Rule 51) (*)Application/Appeal/Complaint/Reference No. .............................................. of 19......... ........................................... Versus ...........................................
} }
WHEREAS was commanded to attend in person before this Court at on ......................................... day of ..................................., 19 ........., and subsequent days, to testify or to produce a book, document, record or other thing in the above cause; he has failed to attend or has failed to remain in attendance until duly excused by this Court and no sufficient reason for such failure seems to exist. NOW THEREFORE You are hereby commanded in the name of the President to apprehend and to bring and have the said ........................................................................... before this Court at ................................... on the ............................. day of ............................, 19......... Issued at .................................. .the ................................. day of ............................, 19......... (Signature) ............................................................................... Chairman, Industrial Relations Court
*Delete whichever is not applicable

INDUSTRIAL RELATIONS COURT WARRANT TO DETAIN IN CUSTODY (Rule 52) (*)Application/Appeal/Complaint/Reference No. ...............................................of 19......... ........................................... Versus ...........................................
} }
To each and all Police Officers in Zambia, the Officers of this Court, the Superintendent/Officer in Charge of the Government Prison at WHEREAS .................................................. of .................................................................... had been summoned under section one hundred and four of the Industrial Relations Act, 1971, and(a) has refused to be sworn or affirmed as a witness; or (b) having been sworn or affirmed, has refused to answer fully and satisfactorily the question he was lawfully required to answer; or (c) has refused or failed to produce a book, document, record or other thing; and has not excused such refusal or failure to the satisfaction of this Court. NOW THEREFORE YOU, the said Police Officers and the Officers of Court, are hereby commanded to convey the said .................................... to the said prison and there deliver the said....................................to the Superintendent/Officer in Charge thereof together with this warrant; and you, the Superintendent/Officer in Charge of the said prison are hereby commanded to receive the said .................................... into your custody and unless he/she sooner consents to do what is required of him/her until the ............................... day of ...................................., 19...., and on that day to convey him/her at ............................ hours before this Court to be further dealt with according to law, unless you, the said Superintendent/Officer in Charge, shall be otherwise ordered in the meantime. Date .................... at ................... .the ................... day of ......................................, 19......... (Signature) ........................................ Chairman,
Industrial Court *Delete whichever is not applicable
Relations

INDUSTRIAL RELATIONS COURT AFFIDAVIT (GENERAL FORM) (Rule 65) (*)Application/Appeal/Complaint/Reference No. .......................................... of 19......... ........................................... Versus ...........................................
} }
I, ....................................................................................., make oath and say as follows (herein set out, in numbered paragraphs, the facts deposed to):
Sworn by the said
on the ......... day of ,19.......
}
Before me:
.................................
Commissioner Oaths *Delete whichever is not applicable
for
PART F

INDUSTRIAL RELATIONS COURT AUTHORITY TO REPRESENT (Rule 57) *Application/Appeal/Complaint or Reference No. ........................................ of 19.......... I/We have appointed Mr. ............................................................................... to appear for me/us in the above matter. The address of the appointee Mr. ....................................................... is Dated at .............................. this ............................... day of ............................., 19.......... Signed *Delete whichever is not applicable

INDUSTRIAL RELATIONS COURT APPLICATION TO THE REGISTRAR (GENERAL FORM) (Rule 77) (Address)
To: THE REGISTRAR INDUSTRIAL RELATIONS COURT P.O. BOX 4009 LUSAKA Dear Sir, Application Subject-Appeal No. .......................................... of 19.......... Complaint Reference ...................... Be pleased to supply the undersigned with a certified copy of ........................................ in the above matter. Dated this ................................................................. .day of ............................................................................., 19.......... Yours faithfully, Signature (This form may be adopted with suitable alterations in making application under rule 77)

INDUSTRIAL RELATIONS COURT NOTICE (GENERAL FORM) (Rule 53) Reference No. ................................, 19...........
}
Versus
Claimant(s)
Respondents(s)
PLEASE TAKE NOTICE that you are hereby required to file ..................................................................................... in the above matter on or before the ............................................. day of .................................., 19..........
By order of the Chairman. ........................................................................ Registrar, Industrial Relations Court

INDUSTRIAL RELATIONS COURT SUMMONS TO A WITNESS (Subpoena ad Testificandum) (Rule 53) *Application/Appeal/Complaint/Reference No. ................................................, 19......... (General Title) To: ................................................................. You are commanded in the President's name to attend before the Industrial Relations Court at ........................................................... on the .................................................... day of .........................................., 19.........., at .................................... hours and so from day to day until the above cause is tried, to give evidence on behalf of WITNESS The Honourable Chairman of Industrial Relations Court Dated the ................................................ day of ....................................................... in the year of Our Lord One Thousand Nine Hundred and ......................................................
*Delete whichever is inapplicable

INDUSTRIAL RELATIONS COURT SUBPOENA DUCES TECUM (Rule 53) *Application/Appeal/Complaint/Reference No. .............................................. of 19........ To: .................................................................. You are commanded in the President's name to attend before the Industrial Relations Court at ........................................................... on the .................................................... day of .........................................., 19.........., at .................................... hours and so from day to day until the above cause is tried, to give evidence on behalf of and to produce at the time and place aforesaid WITNESS the Honourable Chairman of the Industrial Relations Court Dated the ......................................... day of ......................................... in the year of Our Lord One Thousand Nine Hundred and ................................................................................

INDUSTRIAL RELATIONS COURT NOTICE OF HEARING (Rule 53) *Application/Appeal/Complaint/Reference No. ................................................, 19......... BETWEEN ........................................... and ...........................................
} }
TAKE NOTICE that the above cause will be heard and determined by the Industrial Relations Court at .......... on the .......... day of .........., 19......, at .......... hours. Dated the ................................................. day of ................................................, 19......... Any interlocutory application in the above cause may be made on or before the .................................................... day of .................................................., 19......... Registrar

INDUSTRIAL RELATIONS COURT ORDER OF COSTS (Rule 53) *Application/Appeal/Complaint/Reference No. ................................................. of 19......... ........................................... versus ...........................................
} }
..............................
..............................
The Court doth hereby order that the abovenamed ......................................................... shall pay to the abovenamed ............................................................ the sum of K................ in respect of the costs in the above matter. Dated this ............................................ day of ..................................................., 19.......... ........................................................................ Registrar Industrial Relations Court *Delete whichever is inapplicable

INDUSTRIAL RELATIONS COURT ORDER (GENERAL FORM) (Rule 53) *Application/Appeal/Complaint/Reference No. ............................................ of 19.......... ........................................... versus ...........................................
} }
..............................
..............................
UPON HEARING ......................................................... and UPON READING the affidavit(s) of IT IS HEREBY ORDERED BY THE COURT THAT Dated this ..................................................................... day of .........................................................................., 19.......... ................................................................ Registrar Industrial Relations Court *Delete whichever is inapplicable
PART G
FEES
(Rule 81) Fee Units On sealing any order of the Court 20 On filing an application to set aside a writ of fifa 100 On filing an application for amendment 100 On filing an application to set aside an order or the Court 100 On filing an application for amendment of a notice of complaint or Application 100 On filing an application to amend an Answer 100 On filing grounds of appeal 25 On filing an application for amendment of a document not specifically provided 25 On filing an appeal from an order of the Registrar 50 On application for taxing by the Registrar 50 On an application for copies of the notes of a Judge for use by the Supreme Court per page or part thereof 10 On an application for copies of the notes of a Judge for use by the Court per page or part thereof 10 On an application for copies of the notes of the Registrar for use by a Judge per page or part thereof 10 On sealing a summons to each witness 20 On filing an affidavit 20 On filing a certificate of service 20 On every search 25 On filing of a notice of intention to produce 20 On filing of bundles of exhibits 20 On certifying record of proceedings 50 On filing a notice of motion for committal 100 On filing any document not specifically provided for 20 Administering oath or affirmation 50 (As amended by S.I. No. 34 of 1996)
CHAPTER 270 THE EMPLOYMENT (SPECIAL PROVISIONS) ACT

Section 1. 2. 3. 4. 5. 6. Short title Interpretation Application Regulations with respect to employment Repugnancy with other enactments Republic not bound
CHAPTER 270 EMPLOYMENT (SPECIAL PROVISIONS)
An Act to make special provision with respect to employment during Acts No. any period when a declaration under section 29 of the Constitution is in 29 of 1966 force; and to provide for matters incidental thereto. 13 of 1994 [29th July, 1966] 1. This Act may be cited as the Employment (Special Provisions) Act. Short title 2. In this Act, unless the context otherwise requires"employee" means any person who has entered into or works under a contract of service, whether the contract is express or implied, is oral or in writing, and whether the remuneration is calculated by time or by work done, or is in cash or in kind. 3. The provisions of this Act and of any regulations made under this Act shall have effect only during a period when a declaration of a State of Emergency under the Constitution is in force. 4. (1) The President may, by statutory instrument, make such Application Cap. 1 Interpretation
Regulations
regulations as appear to him to be necessary or expedient in the public interest for securing the continued employment of employees and for regulating the conditions of service of employees whose continued employment is secured by virtue of the regulations. (2) Without prejudice to the generality of the powers conferred by subsection (1), regulations under that subsection may make provision for(a) prohibiting the dismissal or the termination in any other manner of the employment of employees, whether or not previous notice of such dismissal or termination has been given to the employees, except in such circumstances and upon such conditions, if any, as may be prescribed by or under the regulations, including provision prohibiting any such dismissal or termination except with the approval of an officer or authority specified by or appointed under the regulations; the establishment of a tribunal for the purpose of reviewing the decisions of an officer or authority referred to in paragraph (a), including provision with respect tothe constitution of the tribunal; the persons who may apply to the tribunal for the review of any such decision; the circumstances and manner in which and the conditions upon which any such application for review may be made; the powers, practice and procedure of the tribunal in relation to any such application for review; and may make or authorise the making of such incidental, supplemental and consequential provisions as appear to the President to be expedient for the purposes of the regulations. (3) Regulations under this section may(a) exempt or provide for the exemption of any person or class of persons from the operation of all or any of the provisions of the regulations; make different provision with respect to different areas in Zambia, different persons or classes of persons and different
with respect to employment
(b)
(i) (ii) (iii) (iv)
(b)
circumstances; (c) prescribe penalties for contraventions of or failure to comply with the provisions of the regulations, not exceeding a fine of fifteen thousand penalty units.
(As amended by Act No. 13 of 1994) 5. Regulations made under section four and anything done under the authority of such regulations shall have effect notwithstanding anything inconsistent therewith contained in any other enactment having the force of law in Zambia other than this Act, the Constitution, the Emergency Powers Act or the Preservation of Public Security Act; and for so long as regulations made under section four have the force of law, any provision of such an enactment shall, to the extent of the inconsistency, have no effect. 6. Nothing in this Act or in any regulations made under this Act shall be construed as binding the Republic.
Repugnancy with other enactments Cap. 1 Cap. 108 Cap. 112
Republic not bound
THE EMPLOYMENT (SPECIAL PROVISIONS) REGULATIONS [ARRANGEMENT OF SECTIONS]
Regulation 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. Title Interpretation Application and exemption Restriction on dismissal or termination of employment Prohibition of variation of conditions of service Decision of Proper Officer to be made promply Establishment and Constitution of Employment Review tribunal Meetings and Proceedings of tribunal Application for Review Hearing and determination of Review
11.
Penalty
Statutory Instrument 56 of 1989 Act No. 13 of 1994
SECTION 4 -THE EMPLOYMENT (SPECIAL PROVISIONS) REGULATIONS Regulations by the President
1. These Regulations may be cited as the Employment (Special Provisions) Regulations. 2. In these Regulations, unless the context otherwise requires"Chairman" means Chairman of the Tribunal; "proper officer" means a Principal Labour Officer, a Senior Labour Officer, a Labour Officer, an Assistant Labour Officer, a Labour Inspector, a District Executive Secretary, or an Administrative Secretary in the district or town within which a person is employed; "Secretary" means the Employment Secretary of the Tribunal; "Tribunal" means the Employment Review Tribunal established under regulation 7. 3. (1) These Regulations shall not apply in relation to-
Title
Interpretation
Application and exemption
(a) (b) (c)
an employer the number of whose employees is less than five; or a person who is adjudged or otherwise declared bankrupt; or a company which is being wound up.
(2) The Minister may, by writing under his hand, exempt any person or class of persons from all or any of the provisions of these Regulations; and any such exemption may be made subject to such conditions and restrictions, if any, as may be specified by the Minister.
4. (1) No person shall dismiss or otherwise terminate the employment of any employee, irrespective of whether previous notice of the dismissal or termination has been given to the employee or not, unless-
Restriction on dismissal or termination of employment
(a)
approval of the proper officer in writing, has been given to the dismissal or termination; or the employee is dismissed on the grounds of wilful disobedience, misconduct, neglect or incompetence andthe person by whom the employee is dismissed would, but for the provisions of these Regulations, have been entitled to dismiss the employee on those grounds summarily and without notice; and the person by whom the employee is dismissed notifies the proper officer, within four days after the date of dismissal, of the circumstances and reasons leading to the dismissal; in the case of an employee who was engaged for a period of fixed duration or for the performance of a specific task, the employment is terminated on the expiry of that period or, as the case may be, on the performance of that task.
(b) (i)
(ii)
(c)
5. Any person who withholds or alters to the detriment of any Prohibition of employee any of the benefits to which the employee is entitled under his variation of contract of service shall be guilty of an offence. conditions of service 6. Where an application is made to the proper officer for the approval Decision of of any matter under these Regulations, the proper officer shall notify the proper officer to applicant of his decisions on it as soon as reasonably practicable. be made promptly 7. (1) For the purpose of these Regulations, there shall be established a Establishment tribunal to be known as "the Employment Review Tribunal". and constitution of Employment Review Tribunal
(2) The Tribunal shall consist of three members appointed by the Minister, one of whom shall be designated by the Minister as the Chairman of the Tribunal. (3) The Minister shall appoint a public officer to be Secretary to the Tribunal. (4) The Members of the Tribunal shall hold office during the pleasure of the Minister. (5) The Minister may appoint(a) such number of alternate members of the Tribunal as he thinks fit, and an alternative member may attend any meeting of the Tribunal when a member is unable to do so for any reason, and when attending any such meeting, an alternate member shall, for all purposes, be deemed to be a member of the Tribunal; an alternate Chairman from among the alternate members and the alternate Chairman may perform all the functions of the Chairman, when the latter is unable to do so for any reason. Meetings and proceedings of Tribunal
(b)
8. (1) Meetings of the Tribunal shall be convened by the Secretary, acting in accordance with the directions of the Chairman, and may be adjourned from time to time and from place to place. (2) At any meeting of the Tribunal, the Chairman and one other member shall form a quorum. (3) The Chairman shall preside at the meeting of the Tribunal. (4) At a meeting of the Tribunal decisions shall be taken by a majority of votes of the members present and voting and, in the event of an equality of votes, the Chairman shall have a second or casting vote, in addition to a deliberative vote. (5) Proceedings of every meeting of the Tribunal shall be recorded and
a copy of the record shall be furnished to the Minister. (6) Subject to the provisions of these Regulations, the Tribunal may regulate its meetings and procedure in any manner it considers fit. 9. (1) Where any application for the approval of any matter under these Application for Regulations is refused by the proper officer, the applicant may, not later review than fourteen days after his being notified of the refusal, apply to the Tribunal for a review of the decision of the proper officer. (2) An application for review under sub-regulation (1) shall be made in writing addressed to the Secretary to the Tribunal and shall specify the grounds upon which review is sought. (3) On receiving an application for review, the Secretary shall inform the applicant and the employee concerned of the place, date and time at which the application will be heard by the Tribunal. 10. (1) The Tribunal shall consider every application for review made under regulation 9 and may, after due inquiryHearing and determination of review
(a)
dismiss the application, and confirm the decision of the proper officer; or allow the application in whole or in part, and declare the dismissal of the employee or termination of his employment to be lawful; or remit the matter to the proper officer for the further inquiry and consideration.
(b)
(c)
(2) For the purposes of any inquiry held by the Tribunal, it may hear and receive such oral and written evidence as it thinks fit, and the Chairman may administer on oath to a witness. (3) At any inquiry held by the Tribunal, the applicant and the employee to whom the application related shall be entitled to be heard in person or
by a representative and to submit representations in writing: Provided that, except with the leave of the Tribunal, no person shall be entitled to be represented at any such inquiry by a legal practitioner. (4) The decision of the Tribunal on any application reviewed under these regulations shall be binding and final. 11. A person guilty of any offence under any provision of these Regulations is liable on conviction, to a fine not exceeding ninety thousand penalty units. (As amended by Act No. 13 of 1994) CHAPTER 271 THE WORKERS' COMPENSATION ACT(REPEALED AND REPLACED BY ACT NO. 10 OF 1999)
Penalty
PART I PRELIMINARY Section 1. 2. 3. 4. 5. Short title Interpretation Meaning of "worker" Meaning of "dependant" Meaning of "employer"
PART II APPLICATION OF ACT 6. 7. 8. 9. General application Application of section 17 Civil liability of employer Concurrent remedies
10. 11.
Principals and contractors Workers employed outside Zambia, etc.
PART III ADMINISTRATION 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. Establishment and Powers of Workers' Compensation Fund Control Board Appointment of officers Functions of Commissioner Inspection and investigation Secrecy Revision of compensation by Commissioner Powers of Commissioner in respect of witnesses, etc. Objections Objection on behalf of dependants Formal inquiry by Commissioner Appeal from decision Suspension of obligation Commissioner may state a case for High Court Commissioner may submit Tribunal's decision to High Court Technical assessors
PART IV WORKERS' COMPENSATION APPEAL TRIBUNAL 27. 28. 29. 30. 31. 32. 33. 34. Establishment of Workers' Compensation Appeal Tribunal Functions of Tribunal Decisions of Tribunal Procedure in Tribunal Representation of parties Powers of Tribunal Summoning, etc., of witnesses Witness failing to attend, etc.
35. 36. 37. 38. 39. 40.
False evidence Contempt of Tribunal Witnesses' expenses Costs Effect of decisions of Tribunal Appeal to High Court
PART V RIGHT TO COMPENSATION 41. 42. 43. 44. 45. 46. Right to compensation Accident during first aid training or rescue work Compensation not affected by other pension, etc. Successive awards of compensation Contracting out prohibited Deductions from earnings prohibited
47. Death or disablement attributable to effects of medical treatment 48. 49. 50. 51. 52. 53. 54. Circumstances precluding award of compensation Cessation and revival of periodical payments Suspension of right to periodical payments No abatement of compensation if worker insured Contract of service not to be terminated during disablement Wages for work done Periodical payments in lieu of earnings
PART VI LIABILITY FOR COMPENSATION AND AMOUNT AND PAYMENT OF COMPENSATION 55. 56. 57. 58. Liability to pay compensation Amount of compensation for total disablement Amount of compensation for partial disablement Limit of time for periodical payments
59. 60. 61. 62. 63. 64. 65.
Amount of compensation for permanent disablement Further medical aid while receiving pension Amount of compensation for death of worker Compensation where worker in receipt of pension dies Diminution of children's allowances Child over seventeen may continue to receive allowances Pensioner absent from or resident out of Commonwealth
66. Pension to cease on remarriage and gratuity to be payable on the remarriage of a widow 66A. 67. Commissioner to be informed of deaths Method of calculating earnings
68. Calculation of earnings of permanently disabled worker under twenty-one 69. 70. 71. 72. 73. 73A. Payment of lump sum in lieu of pension Worker requiring constant attendance Control of payment of compensation Where employer is liable to pay pension Advances against compensation Review of pensions or allowances
PART VII PROCEDURE FOR OBTAINING COMPENSATION Section 74. 75. 76. 76A. 77. 78. 79. Notice of accident to be given Employer to give notice of accident to Commissioner Additional information to be supplied Entry of judgment in favour of Commissioner Worker to furnish medical certificates Commissioner may require medical reports Commissioner may call for evidence of death
80. Worker claiming compensation to submit to medical examination
81. 82. 83.
Procedure upon information of accident Procedure on presentation of claim Provisional settlement of claim by employer individually liable
84. Commissioner may require employer to make periodical payments PART VIII MEDICAL AID 85. 86. 87. 88. 89. 90. First aid Conveyance of injured worker Medical aid expenses Decisions of Commissioner in regard to medical aid Power to prescribe fees for medical aid Repealed by No. 19 of 1976
PART IX DISEASES 91. 92. 93. 94. 95. 96. Compensation in respect of diseases Fixing date of accident Presumption as to cause of disease Minister may amend Second Schedule Special provisions in respect of pneumoconiosis Liability to pay compensation
PART X COMPENSATION FUND Section 97. 98. Establishment of Fund Application of Fund
99. Provisions relating to the liability of insurers and certain employers 100. Payment of compensation by Commissioner in respect of
accidents arising under repealed Act 101. 102. 103. Powers of Board Holding of assets of Fund Accounts and audit
PART XI ASSESSMENTS 104. 105. 106. 107. 108. Liability to assessment Exemption Employers to submit information Assessments on employers Assessment variations
109. Assessment of employers of private domestic servants whose aggregate earnings do not exceed K60,000 per annum 110. Contributions by employers individually liable
PART XII MISCELLANEOUS 111. 112. 113. 114. 115. 116. 117. 118. 119. 120. 121. 122. 123. Employers to supply particulars of business Employers to keep records Threats and compulsion False statements Failure to pay assessments, etc. Compensation not to form part of deceased worker's estate Recovery of benefits paid in error Priority of payments Compensation not to be assigned, etc. Stamp duty Insurance companies to furnish particulars of employers Evidence Reciprocal arrangements
124. Summary of procedure for recovery of compensation to be displayed by employer
125. 126. 127. 128.
Regulations Penalty Repeal and saving Arrangement with the Zambia National Provident Fund Board
FIRST SCHEDULE-Minimum degrees of disablement SECOND SCHEDULE-Scheduled diseases THIRD SCHEDULE-Monthly pension of Worker in case of total permanent disablement and monthly allowances for children FOURTH SCHEDULE-Monthly allowances for children
CHAPTER 271 WORKERS' COMPENSATION An Act to make provision for the establishment and administration of a Fund for the compensation of Workers disabled by accidents to, or diseases contracted by, such Workers in the course of their employment, and for the payment of compensation to dependants of Workers who die as a result of such accidents or diseases; for the payment of contributions to such Fund by employers; for the grant of pensions and allowances to certain dependants of Workers who, being in receipt of pensions for such disablement, die from causes not connected with such accidents or diseases; for the appointment and powers of a Workers' Compensation Commissioner and the establishment and powers of a Workers' Compensation Board and an Appeal Tribunal; and for matters incidental to and connected with the foregoing. [1st April, 1964] (As amended by Act No. 27 of 1994)
65 of 1963 22 of 1965 4 of 1966 37 of 1969 Government Notices 176 of 1964 497 of 1964 499 of 1964 Statutory Instruments 156 of 1965 222 of 1969 Acts No. 19 of 1973 19 of 1976 20 of 1979 24 of 1982 27 of 1994 13 of 1994
PART I PRELIMINARY
1.
This Act may be cited as the Workers' Compensation Act.
2. In this Act, unless the context otherwise requires"accident" means an accident resulting in injury to a worker or in damage to, or destruction of, any artificial aid used by a worker in the course of his or her employment; "assessment" means an assessment or a provisional assessment made under the provisions of Part XI, and any instalment thereof; "Board" means the Workers' Compensation Fund Control Board established under the provisions of section twelve; "boarding-house" means any premises in which board and lodging are provided for gain for three or more persons who are not members of the family of the person who provides the board and lodging; "business" means any industry, undertaking, trade, occupation or other activity in which any worker is employed; "child" means an unmarried son or daughter under the age of eighteen years, and includes an illegitimate child, a posthumous child, a step-child, an adopted child if the Commissioner is satisfied that such child was adopted prior to the accident concerned, the illegitimate child of the wife of a worker, the child of any woman with whom the worker was, in the opinion of the Commissioner, living as man and wife at the time of such accident if such child was wholly supported by the worker and a child in respect of whom a worker had assumed, under the law and custom of the community of which he is a member, responsibility for support and who was supported by the worker at the time of such accident; "children's allowance" means the monthly allowance payable in respect of a child or children of a disabled or deceased worker under the provisions of Part VI; "Commissioner" means the Workers' Compensation Commissioner appointed under the provisions of section thirteen;
"Commonwealth" means(a) (b) the self-governing members of the Commonwealth of Nations; all British Colonies;
(c) all states and territories under the protection of Her Britannic Majesty through Her Government in the United Kingdom; and (d) obsolete;
"compensation" means compensation under this Act, and includes medical aid and any benefit of any nature to which a worker or his dependants may be entitled under this Act; "date of commencement" means the 1st April, 1964; "disablement", in relation to a worker, means disablement which results in the loss or diminution of wage-earning capacity or in the reduction of the chances of obtaining employment; "earnings" means the average remuneration of a worker at the time of an accident calculated in the manner provided in section sixty-seven; "employer" means a person regarded as, or deemed to be, an employer by section five, and includes a principal and the lawful representatives, successors or assigns of such person or principal; "employer individually liable" means an employer to whom exemption has been granted under the provisions of section one hundred and five, and includes the State; "financial year" means the period between the 1st April in any year and the 31st March next following, both dates included; "Fund" means the Workers' Compensation Fund established under Part X; "injury" means a personal injury, and includes the contraction of a disease;
"legal practitioner" has the meaning assigned to it by the Legal Practitioners Act; "medical aid" means any or all of the benefits prescribed in paragraphs (a) to (e) inclusive of sub-section (1) of section eighty-seven; "medical practitioner" means a person registered as a medical practitioner under the provisions of the Medical and Allied Professions Act and, in relation to any medical examination of, or report upon, any worker who is for the time being in any country outside Zambia, a person entitled to practise medicine in such country who has been approved for the purpose concerned by the Commissioner; "partial disablement", in relation to a worker means the inability of such worker, as the result of an accident in respect of which compensation is payable, to perform the whole of the work at which he was employed at the time of such accident or to obtain other suitable work at the same rate of earnings as he was receiving at the time of such accident; "pension" means the monthly payments of compensation referred to in Part VI, but does not include children's allowances or periodical payments; "periodical payment" means a periodical payment of compensation under the provisions of sections fifty-six and fifty-seven; "person under disability" means a minor, and a mentally disordered or defective person; "pneumoconiosis" means any form of pneumoconiosis due to the inhalation of dust; "prescribed" means prescribed by or under the authority of this Act; "principal" means a person referred to as a principal in section ten; "private domestic servant" means a person who is employed in domestic service in a private household which is not also a boarding-house; "regulation" means a regulation made and in force under this Act;
Cap. 30
Cap. 297
"representative" means the executor or other person lawfully appointed to take charge of the estate of a deceased worker, and, if there is no such person so appointed, means any person specially appointed by the Commissioner under this Act to make an application on behalf of the deceased worker's dependants for compensation, and in other respects to act as the representative of such worker for the purposes of this Act; "scheduled disease" means any disease specified in the Second Schedule; "serious and wilful misconduct" means(a) drunkeness; or
(b) a contravention of any law made for the purpose of ensuring the safety or health of workers or of preventing accidents to workers, if the contravention was committed deliberately or with a reckless disregard of the provisions of such law; or (c) any other act or omission which the Commissioner or any court on appeal may, having regard to all the circumstances of an accident, declare to be serious and wilful misconduct; "technical assessor" means a person appointed under the provisions of section twenty-six; "total disablement", in relation to a worker, means the inability of such worker, as a result of an accident in respect of which compensation is payable, to perform the work for which he was employed at the time of such accident or other suitable work; "Tribunal" means the Workers' Compensation Appeal Tribunal established under the provisions of section twenty-seven; "widow", in any case where a worker dies leaving no lawful widow or widower, includes any man or woman with whom such worker was, in the opinion of the Commissioner, living as man and wife at any relevant date. (As amended by S.I. No. 156 of 1965, No. 4 of 1966, No. 37 of 1969 and No. 19 of 1976)
3. (1) In this Act, unless the context otherwise requires and subject to the exceptions hereinafter mentioned, "worker"(a) means any person who has entered into, or works under, a contract of service or of apprenticeship or of learnership with an employer, whether the contract is expressed or implied, is oral or in writing, and whether the remuneration is calculated by time or by work done, or is in cash or in kind; and (b) includes any person whose occupation is conveying for gain persons or goods by means of any vehicle, vessel or aircraft, the use of which he has obtained under any contract other than a purchase or hire-purchase agreement, whether or not the remuneration of such person under such contract is partly an agreed sum and partly a share in takings, but does not include any such person whose remuneration is fixed solely by a share in takings. (2) If, in any claim for compensation under this Act, it appears to the Commissioner that the contract of service or apprenticeship or learnership under which the injured worker was working at the time when the accident causing the injury happened was illegal or otherwise unenforceable for any reason whatever, the Commissioner may deal with the matter as if such contract had at such time been a valid contract of service or apprenticeship or learnership, as the case may be. (3) The following persons are excepted from the definition of "worker", that is to say: (a) any person who is a member of any military forces lawfully in Zambia in respect of any injury arising out of and in the course of his/her employment in those forces; (b) (i) any person inthe Zambia Police Force or the public service;
Meaning of "worker"
(ii) the public service of any government or authority specified by the Minister by statutory notice; except any such person in respect of whom no provision exists in any law for the payment of a gratuity or pension in case of injury or
death; (c) Repealed by Act No. 19 of 1976;
(d) any person employed casually by an employer and not in connection with the employer's trade or business; (e) any outworker, that is to say, any person to whom articles or materials are given out by any employer to be made up, cleaned, washed, ornamented, finished or repaired or adapted for sale on premises not under the control of the employer; (f) members of the Defence Force; Cap. 135
(g) any person who is a member of the Unified African Teaching Service or the Teaching Service established under the provisions of the African Education Act. (4) Any reference in this Act to a worker who has been injured shall, when the worker is dead or is a person under disability, include a reference to his representative or to his dependants or to any other person to whom or for whose benefit compensation is payable. (As amended by G.N. No. 176 of 1964, No. 22 of 1965, S.I. No. 156 of 1965 No. 4 of 1966 and No. 19 of 1976) 4. (1) Subject to the further provisions of this section and unless the context otherwise requires, "dependant" in this Act means(a) the widow, widower or invalid widower of a worker, if married to, or living with, the worker, as the case may be, at the time of the accident concerned; (b) any child, if born before or within ten months after the time of the accident concerned; (c) any parent or step-parent of a worker, or any adoptive parent who adopted such worker if the Commissioner is satisfied that the worker was adopted: Provided that no adoptive parent shall be deemed to be a
Meaning of "dependant"
dependant unless the worker was adopted prior to the accident concerned; (d) any son or daughter (other than a child); any brother, sister, half-brother or half-sister; any sister or brother of a parent; or any grandparent or grandchild of a worker; (e) any other relation to the worker, whether by consanguinity or affinity: Provided that no person shall be deemed to be a dependant unless(i) being a person who falls within the provisions of paragraph (e), he was wholly dependent for support and maintenance upon the worker at the time of the accident concerned; or (ii) being a person who falls within the provisions of paragraph (a), (b), (c) or (d), he was wholly or partly dependent for support and maintenance upon the worker at the time of the accident concerned. (2) The widow or child of a worker or a person in respect of whom a declaration has been made under the provisions of section sixty-four shall be deemed to be dependent for her or his support and maintenance upon such worker, unless the contrary is proved. (3) In the case of a worker who leaves two or more widows, such widows or widower shall be entitled to share between themselves such compensation as would be payable to a single widow or widower of the deceased worker, jointly or in such proportions as the Commissioner, in his discretion, may decide. 5. (1) The Government and any person or any body of persons, Meaning of corporate or unincorporate, having a contract of service or "employer" apprenticeship or learnership with a worker shall be regarded, for the purposes of this Act, as the employer of that worker, whether the contract was entered into before or after the commencement of this Act. (2) If the services of a worker are temporarily lent or let on hire to another person by the person with whom a contract of service, apprenticeship or learnership is made, the latter shall, save as is
provided in sub-section (1) of section ten, be deemed to continue to be the employer of the worker while he is working for that other person. (3) In respect of a worker whose occupation is conveying for gain any persons or goods by means of any vehicle, vessel or aircraft, the use of which the worker obtained from some other person under a contract other than a purchase or hire-purchase agreement, such other person shall, for the purpose of this Act, be deemed to be the employer. (4) In respect of a worker employed by a club or other association of persons, the members of the managing committee, or, if there be no such committee, the secretary or other responsible officer, of the club or association shall be deemed to be the employer. (5) For the purposes of the giving or receiving of statements, notices or other documents under this Act, the term "employer" includes a manager, secretary, accountant, treasurer, duly authorised agent or other responsible person employed or appointed by the worker's employer. (As amended by S.I. No. 156 of 1965 and Act No. 27 of 1994)
PART II APPLICATION OF ACT 6. This Act shall apply in respect of accidents happening and scheduled diseases contracted on or after the date of commencement. General application
7. The provisions of section seventeen shall apply in respect of any Application of accident happening and any scheduled disease contracted on or after the section 17 1st April, 1945, and before the date of commencement, if the obligations of an insurer in respect of the accident or contracting of the disease have been transferred to the Board under the provisions of sub-section (2) of section ninety-nine. 8. (1) Where any injury is caused to a worker by the negligence, breach Civil liability of of statutory duty or other wrongful act or omission of the employer, or employer of any person for whose act or default the employer is responsible, nothing in this Act shall limit or in any way affect any civil liability of
the employer independently of this Act: Provided that any damages awarded to a worker in an action at common law or under any law in respect of any such negligence, breach of statutory duty, wrongful act or omission, shall be reduced by the value, as decided by the court, of any compensation which has been paid or is payable under the provisions of this Act in respect of injury sustained by the worker. (2) For the purposes of sub-section (1), "compensation" includes, in the case of a continuing liability, the capitalised value, as determined by the court, of the pension, periodical payment or allowance, as the case may be, which constitutes the liability. 9. (1) Where an accident in respect of which compensation is payable was caused in circumstances creating a legal liability in some person other than the employer (in this section referred to as the third party) to pay damages to the worker in respect thereof(a) the worker may both claim compensation under this Act and take proceedings against the third party in a court to recover damages: Provided that where any such proceedings are instituted the court shall, in awarding damages, have regard to the amount which, by virtue of the provisions of paragraph (b), is likely to become payable to the Commissioner or the employer individually liable, as the case may be, by the third party; and (b) the Commissioner or the employer individually liable by whom compensation is payable shall have a right of action against the third party for the recovery of the compensation he is obliged to pay under this Act as the result of the accident, and may exercise such right either by joining in a suit instituted by the worker against the third party or by instituting separate suit: Provided that the amount recoverable under this paragraph shall not exceed the amount of damages, if any, which in the opinion of the court would have been awarded to the worker but for the provisions of this Act. (2) A worker shall, before instituting proceedings under sub-section (1), Concurrent remedies
in writing notify the Commissioner or the employer individually liable, as the case may be, of his intention to do so and shall likewise notify the Commissioner or such employer if he decides to abandon such proceedings or to relinquish or settle his claim for damages, and shall in connection with any such notification furnish such particulars as the Commissioner may require, and no proceedings in any court to recover damages against any person referred to in sub-section (1) may be taken by a worker until he has so notified the Commissioner or such employer of his intention to take such proceedings and unless he has lodged a claim for compensation. (3) Notwithstanding anything to the contrary contained in any law, where written notice of intention to institute proceedings under the provisions of paragraph (b) of sub-section (1) has been given by the Commissioner, or an employer, to a third party within twelve months of the receipt by the Commissioner or employer, as the case may be, of due notice of the accident concerned, no such proceedings shall lapse, or be barred, under any law relating to the limitation of actions, until after the expiration of a period of three months from the date upon which the Commissioner has made an award, certified by him to be a final award, of compensation in respect of such accident. (4) For the purposes of this section, "compensation" includes, in the case of a continuing liability, the capitalised value, as determined by the court, of the pension, periodical payment or allowance, as the case may be, which constitutes the liability. 10. (1) Where any person (in this section referred to as the principal), in Principals and the course or for the purposes of his trade or business, contracts with any contractors other person (in this section referred to as the contractor) for the execution by or under the supervision of the contractor, of the whole or any part of any work undertaken by the principal, any worker engaged on such work shall be deemed to be the worker of the principal unless and until such contractor in respect of such work has been assessed as an employer and has paid all assessments due by him to the Fund for the current year, and any reference in this Act to the employer shall be deemed to be a reference to the principal: Provided that if compensation becomes payable to the worker under this Act, the amount of compensation shall be calculated with reference to the earnings of the worker under the employer by whom he is immediately employed.
(2) Where the principal has paid an assessment or compensation which, but for the provisions of sub-section (1), he would not have been liable to pay, he shall be entitled to reimbursement by the contractor to such extent as the Commissioner, on application made by the principal, finds that such contractor would have been liable had he been deemed under this Act to be the employer of the worker. (3) It shall be the duty of the principal to ensure that any assessment for which the contractor is liable is paid and, if such principal fails to do so, he shall be personally liable to pay such assessment to the Commissioner and the provisions of this Act with regard to enforcing assessments shall apply to him, but such principal shall be entitled to reimbursement by the contractor of any sum paid out under this sub-section. (4) Where a principal has paid to the Commissioner any assessment or compensation under the provisions of sub-section (2) or (3), he shall, unless he has been reimbursed by the contractor, be entitled to deduct an amount determined in accordance with sub-section (2) from any moneys due by him to the contractor. (5) Notwithstanding anything contained in this section, the Commissioner shall first proceed against the contractor for the recovery of compensation instead of against the principal, and in the event of failure to recover fully from the contractor, may recover the balance from the principal. (6) This section shall not be construed so as to impose any liability on the principal in respect of any accident which occurs elsewhere than on, in or about the premises on which the principal has undertaken to execute the work or which are otherwise under his control or management. 11. (1) Where an employer carries on business chiefly within Zambia and the usual place of employment of his workers is in Zambia and an accident happens to his worker while the worker is temporarily employed by him out of Zambia, the worker shall be entitled to compensation in the same manner as if the accident had happened in Zambia: Workers employed outside Zambia, etc.
Provided that the provisions of this sub-section shall cease to apply to a worker after he has been employed out of Zambia for a continuous period of twelve months unless the Commissioner has, before the end of such period, agreed with the worker and the employer concerned that those provisions should, subject to such conditions as the Commissioner may determine, continue to apply. (2) Where an employer carries on business chiefly outside Zambia and an accident happens to his worker ordinarily employed outside Zambia but temporarily employed by him in Zambia at the time of the accident, such worker shall not be entitled to compensation out of the Fund unless the employer has previously agreed with the Commissioner that such worker shall be entitled to compensation, and has paid assessment: Provided that any such worker so employed in Zambia for a continuous period of more than twelve months shall be deemed to be ordinarily employed by such employer in Zambia. (3) Where, by the law of the country in which an accident happens, a worker in the circumstances described in sub-section (1) is entitled to compensation in respect of such accident, or where an accident happens to a worker in Zambia and he would be entitled to compensation under the law of any other country as well as under this Act, he shall, by notice to the Commissioner, elect to claim compensation either under this Act or under the law of the other country: Provided that(a) if such worker elects to claim compensation under this Act he shall(i) present a claim under this Act; and (ii) cede to the Commissioner or the employer individually liable, as the case may be, his claim under the law of the other country, and if the amount recoverable under such other law exceeds the amount of the compensation under this Act, the cession shall be effective in respect of so much of the claim as equals the amount of such compensation; (b) if such worker elects to claim compensation under the law of another country-
(i) where the amount so recoverable is less than the compensation which would have been payable under this Act, the Commissioner or the employer individually liable, as the case may be, shall grant compensation not exceeding the amount of such difference; and (ii) where the claim lies against an employer who has paid assessments, the Commissioner shall reimburse such employer to the extent of the compensation payable under this Act.
PART III ADMINISTRATION 12. (1) (a) There is hereby established the Workers' Compensation Fund Control Board which shall consist of a Chairman and not more than eleven other members. The Chairman and the other members shall be appointed by the Minister. Establishment and powers, of Worker's Compensation Fund Control Board
(b) Each member of the Board shall be appointed for a term not exceeding three years but, on the expiry of such term, shall be eligible for re-appointment. (2) Subject to the provisions of this Act, the Board shall be responsible for the administration of the Fund and of this Act and for advising the Minister on any matters in connection with the Fund or this Act, and in particular, but without derogating from the generality of the foregoing, the Board shall(a) give all necessary directions to the Commissioner for the effective administration of this Act; (b) after the conclusion of each financial year, report to the Minister upon the administration of the Fund and of this Act during that year. (3) The Board may, subject to the approval of the Minister, promote, establish and subsidise out of the Fund any organisation or scheme the objects of which consist of or include one or more of the following:
(a) the prevention of accidents or of any diseases which are due to the nature of any occupation; (b) the promotion of the health or safety of workers;
(c) the provision of facilities designed to assist injured workers to return to work or to reduce or remove any handicap resulting from their injuries. (4) The Board may guarantee loans made to employees of the Board to assist them acquire housing accommodation. (5) A member of the Board shall cease to hold office if(a) (b) he dies; or he resigns; or
(c) he is adjudicated bankrupt or enters into any arrangement for the benefit of his creditors; or (d) he is adjudicated to be of unsound mind; or
(e) he is convicted of an offence and sentenced therefor to imprisonment without the option of a fine; or (f) he is absent from four consecutive meetings of the Board without leave of the Chairman; or (g) his appointment is terminated by the Minister.
(6) The Board shall be a body corporate with perpetual succession and a common seal and shall, in its corporate name, be capable of suing and being sued and, subject to the provisions of this Act, of purchasing or otherwise acquiring, holding, charging and alienating property, real or personal, and of doing or performing such acts or things as bodies corporate may by law do or perform.
(7) The Board may meet together for the despatch of business, adjourn and otherwise regulate its meetings and proceedings as it thinks fit. (8) A majority of members (not including members who have been given leave of absence by the Chairman) shall constitute a quorum of any meeting of the Board, and all acts, matters or things authorised or required to be done by the Board shall be decided by resolution of any meeting at which a quorum is present. (9) At a meeting of the Board at which the Chairman is not present the members present, if they constitute a quorum, shall elect one of their number to be Chairman of that meeting. (10) The common seal of the Board shall not be affixed to any instrument except by authority of a resolution of the Board, and the sealing of any instrument shall be authenticated by the signature of the Chairman or of the Commissioner and of such other person as the Board may appoint for the purpose. (11) The members of the Board shall be paid out of the Fund such remuneration, and such travelling and subsistence allowances, as the Minister may direct. (No. 37 of 1969, No. 19 of 1976, No. 20 of 1979 and No. 24 of 1982) 13. (1) The Minister shall appoint a person to be the Workers' Compensation Commissioner. (2) The Board may, subject to the approval of the Minister, appoint such other persons as, in its opinion, are necessary for the administration of this Act. (3) The Commissioner may, subject to the general or special directions of the Minister, delegate any of his powers and functions under this Act to any person appointed under sub-section (2). (4) The amount of remuneration and the terms and conditions of service Appointment of officers
of all persons appointed under this section shall, subject to the approval of the Minister, be determined by the Board and such remuneration shall be paid out of the Fund. (No. 37 of 1969) 14. (a) (b) Subject to the provisions of this Act, the Commissioner shallreceive notices of accidents and claims for compensation; inquire into or cause inquiry to be made into accidents; Functions of Commissioner
(c) adjudicate upon all claims and other matters coming before him for decision; (d) determine whether any person is a worker, employer, principal or contractor for the purposes of this Act; (e) pay compensation payable from the Fund under the provisions of this Act; (f) (i) decide any question relating tothe right to compensation;
(ii) the submission, consideration and determination of claims for compensation; (iii) (iv) (v) computation of earnings; the degree of disablement of any worker; the amount and method of payment of any compensation;
(vi) the withholding, revision, discontinuance or suspension of any compensation; (g) determine whether any person is a dependant under this Act and, if so, the degree of dependence, and where there is more than one dependant, which shall receive compensation and the allocation of compensation among them; (h) determine any question arising in respect of the necessity for, or the character or the sufficiency of, any medical aid; (i) determine any question relating to the rendering of statements of wages, liability for assessment, rates of assessment, amount of assessment and method of payment of assessment; (j) determine any other question falling within his purview in connection with the application of this Act or in respect of any employer or worker; (k) after the conclusion of each financial year, report to the Board upon the administration of this Act during that year;
(l) collect, compile and maintain such statistics and information relating to the occurrence or cause of accidents and scheduled diseases and the grant of benefits to persons under this Act as he may deem necessary or as may be required by the Board; (m) investigate whether any disease should be included in or deleted from the Second Schedule and make recommendations to the Board in regard thereto; (n) make any investigations and perform such other functions and duties as may have been assigned to him or as he deems necessary for the administration of this Act. (As amended by No. 22 of 1965 and No. 37 of 1969) 15. (1) The Commissioner may, in writing, authorise any competent person either generally or specially to investigate any matter falling within his purview and to report to him upon any such matter, and any person so authorised shall have the power to require and take affidavits or declarations as to any matter to which the investigation or report relates, or to take any other declarations required under this Act, and in all cases to administer oaths and attest declarations. (2) Upon the production of the written authority referred to in sub-section (1), such person may, without previous notice and at all reasonable times, enter upon any land, works, premises or other place, and may question any employer or other person and inspect any part of the land, works, premises or other place or any books or documents which may contain information required for the purposes of this Act and take copies of or extracts from such books or documents. (3) Any person who obstructs any person authorised under sub-section (1) in the lawful exercise of his functions under this section or who makes or subscribes to any statement, knowing it is false, or who refuses to answer any questions or produce any document, shall be guilty of an offence. (4) The Commissioner may himself exercise any powers mentioned in this section, and whenever the Commissioner is exercising any such power, all the provisions of this section shall apply. 16. (1) If any person in the exercise of any powers conferred or in the performance of any duties imposed by or under this Act acquires Secrecy Inspection and investigation
information relating to the financial affairs of any other person, firm or business, or to any manufacturing or commercial secrets or working processes, he shall not, save for the purposes of legal proceedings under this Act, disclose such information to any other person, except(a) to a court of law or to any person who by law is vested with the power to compel the disclosure of such information; or (b) to the Minister or to any person acting in the execution of this Act in so far as such information may be necessary for the execution thereof. (2) Any person who wilfully contravenes the provisions of sub-section (1) shall be guilty of an offence. Revision of 17. (1) The Commissioner may, after giving notice in writing to the person concerned and giving him an opportunity to be heard, at any time compensation review any compensation granted on any of the following grounds: by Commissioner (a) that the worker has not submitted himself for examination or has not submitted a medical report when required to do so under the provisions of this Act; (b) that the disablement which gave rise to the award is continued or aggravated by the unreasonable refusal or wilful neglect of the worker to submit himself to medical or surgical treatment; (c) that the worker has absented himself in such manner that no notice can reasonably be served on him; (d) that in the opinion of the Commissioner the degree of disablement has increased or diminished or that the worker is no longer permanently disabled; (e) that any compensation awarded is or has become either excessive or insufficient to meet the circumstances of the case; (f) that the award was based on a mistake or misrepresentation of fact, or that a different award might have been made if evidence presently available but which was not available when the Commissioner
made the award had been produced. (2) The Commissioner may, after giving notice in writing to any person concerned and after giving such person an opportunity to be heard, at any time review any decision, not being an award of compensation, given by him under this Act. (3) The Commissioner, after making such inquiry or receiving such evidence as he deems necessary, may confirm the award of compensation or order the discontinuance, suspension, reduction or increase of any such compensation, or, in the case of any decision referred to in sub-section (2) confirm, set aside or vary that decision. (4) For the purposes of this section, "compensation" shall include medical aid. 18. (1) The Commissioner may, and at the request of any interested party shall, summon any person who may be able to give material information concerning the subject of any investigation or formal inquiry held by him under this Act or whom he suspects or believes has in his possession or custody or under his control, any book, document or thing which has any bearing on the investigation or formal inquiry, to appear before him at a time and place specified in such summons, to be interrogated or to produce such book, document or thing, and the Commissioner may retain for further examination any book, document or thing so produced. (2) A summons under sub-section (1) shall be signed by the Commissioner. (3) The Commissioner may call and administer an oath to any person present at an investigation who was or might have been summoned under the provisions of sub-section (1), and the Commissioner and any assessor may interrogate him and require him to produce any relevant book, document or thing in his possession or custody or under his control. (4) If any person, having been duly summoned under sub-section (1), fails without sufficient cause to attend at the time and place specified in Powers of Commissioner in respect of witnesses, etc.
such summons, he shall be guilty of an offence. (5) If any person, having been duly summoned under sub-section (1), or any person called under the provisions of sub-section (3), fails to remain in attendance until excused by the Commissioner from further attendance or refuses to be sworn as a witness or fails to answer fully and satisfactorily to the best of his knowledge and belief all questions lawfully put to him, or to produce any book, document or thing in his possession or custody or under his control when lawfully required to do so, he shall be guilty of an offence. (6) In connection with the interrogation of any person by, or the production of any book, document or thing before, the Commissioner, the law relating to privilege, as applicable to a witness summoned to give evidence or produce any book, document or thing before a court of law, shall apply. (7) Any witness who knowingly gives false testimony touching any matter which is material to any question then pending in any investigation or formal inquiry or intended to be raised in the investigation or inquiry shall be guilty of an offence and liable to imprisonment for a period not exceeding two years. It shall be immaterial whether such testimony is given on oath or under any other sanction authorised by law. (8) The interrogation of a witness shall be conducted in public unless the Commissioner otherwise decides. (9) A person summoned to appear before the Commissioner may, if the Commissioner is satisfied that he has, by reason of such appearance, suffered any pecuniary loss or been put to any expense, be paid out of the Fund such allowances as may be prescribed or the amount of such loss and such expense, whichever is the less. (10) Any person who wilfully hinders the Commissioner in the exercise of any of the powers conferred upon him by this section shall be guilty of an offence. (11) In this section, "Commissioner" includes any person acting within
the scope of any delegation made under the provisions of sub-section (3) of section thirteen. (As amended by No. 37 of 1969) 19. (1) Any person affected by a decision of the Commissioner, or any Objections trade union or employers' organisation of which the person in respect of whom such decision was given was at the relevant times a member, may, within thirty days of such decision, or within such further period as the Commissioner may on good cause shown allow, lodge with the Commissioner an objection against such decision. (2) The Commissioner may consider an objection similarly lodged, as provided in sub-section (1), by a trade union or employers' organisation not falling within the provision of the said sub-section, if, in the opinion of the Commissioner, an important principle is involved. (3) An objection under this section shall be in writing in the prescribed form, accompanied by particulars containing(a) a concise statement of the circumstances in which the objection is made and the relief or order which the objector claims, or the question which he desires to have determined; (b) the full name and address of the objector and of any legal practitioner or other representative who is to represent such objector. (4) If an objection is made by an employer individually liable, it shall be accompanied by a statement as to whether he admits his liability to pay compensation or denies such liability and whether the admission or denial is total or partial, and, if he admits or denies liability partially, a statement of the extent to which he admits or denies liability, and in the case of a denial of liability the grounds thereof shall be stated. (5) If, owing to illiteracy, blindness or any other physical cause, an objector is unable to complete the prescribed form or to supply the information required, the Labour Officer or District Secretary of the District in which the objector resides shall fill in the objection and particulars in the prescribed form and shall lodge the objection with the Commissioner.
20. (1) If an objection under section nineteen arises out of a claim for Objection on compensation in respect of a worker's death, the objection made on behalf of behalf of the dependants shall be made by the representative of the dependants deceased worker or, if there is no such representative, by a person appointed by the Commissioner to make such objection and in other respects to act as representative of the deceased worker for the purposes of this Act, and the Commissioner is hereby authorised to make such an appointment, and for the purposes of this sub-section, "dependants" includes persons who claim or may be entitled to claim to be dependants. (2) A representative shall comply with the provisions of section nineteen as to the lodging of an objection and the particulars to accompany such objection. 21. An objection lodged under the provisions of section nineteen shall Formal inquiry be considered and determined by the Commissioner in a formal inquiry by Commissioner in such manner as may be prescribed, and the Commissioner shall confirm any decision in respect of which the objection was lodged or give such other decision as in his opinion is equitable. 22. Any person affected by a decision referred to in section twenty-one Appeal from may appeal to the Tribunal within twenty-one days of such decision or decision within such further period as the Tribunal may on good cause shown allow. 23. Except where the Commissioner otherwise orders, no obligation to Suspension of obligation pay any assessment, compensation or other amount to the Commissioner or the Fund, or any periodical payments to or in respect of a worker by reason of a decision of the Commissioner shall be suspended or deferred by reason of the fact that an objection has been lodged against such decision under sub-section (2) of section nineteen, or that an appeal has been lodged under section twenty-two, but if, as a result of any such objection or review, the amount payable by reason of the original decision is varied the person who made the payment shall be entitled to a refund or be liable to pay the additional amount, as the case may be. 24. (1) The Commissioner may of his own motion and shall at the Commissioner request of any interested party to any proceedings under this Act, state a may state a case
special case on any question of law in connection with any matter arising in such proceedings, for the decision of the High Court. (2) In any case so stated the Commissioner shall set forth(a) the facts which were established; and
for High Court
(b) the view of the law which he has adopted in relation to those facts. 25. Whenever the Commissioner has any doubt as to the correctness of any decision given by the Tribunal on any question of law in connection with this Act, he may submit that decision to the High Court and cause the matter to be argued before it, in order that it may determine the said question for the future guidance of all courts. 26. (1) The Commissioner may appoint as an assessor any person skilled in technical questions, other than medical, dental, or surgical questions, to sit with him and to act in an advisory capacity in a formal inquiry under the provisions of section twenty-one. (2) A person shall not be appointed as an assessor under this section or, if appointed, no person shall sit if(a) he is an employee of, or associated in any pecuniary manner with, the employer of the worker concerned; (b) he has, in connection with the injury or death out of which the formal inquiry arises, given professional assistance or advice in regard to the accident or question in dispute to any party to the inquiry or to any person who may become liable for the payment of compensation under this Act to such worker. (3) There shall be paid out of the Fund to any assessor, other than an assessor employed in the public service, such fees as may be prescribed. Commissioner may submit Tribunal's decision to High Court Technical assessors
PART IV
WORKERS' COMPENSATION APPEAL TRIBUNAL 27. (1) There is hereby established a Tribunal to be known as the Workers' Compensation Appeal Tribunal which shall consist of a Chairman, appointed by the Minister, and two other members. Establishment of Worker's Compensation Appeal Tribunal
(2) The Chairman shall be a barrister, solicitor, or advocate entitled to practice in Zambia or a person who holds or has held judicial office in any part of the Commonwealth. (3) The other members of the Tribunal for any sitting thereof shall be chosen by the Chairman from a list of persons nominated by the Minister and considered by the Minister to be persons suitable to be members of the Tribunal, having regard to the functions thereof. (4) A person shall not be chosen or, if chosen, shall not sit or act as a member of the Tribunal if he has, in connection with the injury or death out of which the matter in dispute arises, given professional assistance or advice in regard to the accident or the matter in dispute to any party to the dispute or to any person who may become liable for the payment of compensation under this Act to the worker. (5) Any person chosen as a member of the Tribunal shall, while engaged in any sitting or any work of the Tribunal, receive from moneys appropriated by Parliament such remuneration as may be prescribed and his reasonable expenses for travelling and subsistence in accordance with such tariff as may be prescribed. (6) There shall be a Secretary of the Tribunal appointed by the Minister. (7) A record of the proceedings of the Tribunal shall be kept and filed in the office of the Secretary of the Tribunal, and the same may be inspected and copies obtained upon payment of the same fees as if they were civil records of a subordinate court. (As amended by G.N. No. 176 of 1964 and S.I. No. 156 of 1965)
28. The functions of the Tribunal shall be(a) to hear any appeal made to it under the provisions of this Act; (b) to deal with any other matter with which it is required or permitted to deal under this Act; (c) generally to deal with all matters necessary or incidental to the performance of its functions under this Act. 29. All questions or matters requiring to be decided by the Tribunal shall be decided by a majority: Provided that any matter of law arising for decision at any sitting of the Tribunal, and any question arising at any such sitting as to whether a matter for decision is a matter of fact or a matter of law, shall be decided by the Chairman, and no other member of the Tribunal shall have a voice in the decision of any such matter.
Functions of Tribunal
Decisions of Tribunal
30. (1) The Chairman of the Tribunal shall make rules to regulate its Procedure in procedure, which shall be as simple and informal as possible, and, in any Tribunal case not covered by such rules, the Tribunal shall act in such manner and on such principles as it deems best fitted to do substantial justice and to effect and carry out the objects and provisions of this Act. (2) Rules made under this section may provide for the examination, at the instance of the Tribunal, in private by medical practitioners or dentists of a worker who is a party to the dispute. 31. (1) At any hearing before the Tribunal any party may appearRepresentation of parties
(a) (b) (c) (d)
in person; or by a legal practitioner; or by a member of his family; or by a person in the permanent and exclusive employment of such
party; or (e) in the case of a worker, by an officer of a trade union, or of an organisation approved of by the Minister, or, in the case of an employer, by an officer of an employers' organisation; or (f) by an officer of the Labour Department; or
(g) in the case of a company, by any director, secretary or other officer thereof, and, in the case of a corporate body which is not a company, by an officer thereof; or (h) by leave of the Chairman, by any other person.
(2) No person other than a legal practitioner shall be entitled to recover any fee or reward, other than necessary out-of-pocket disbursements and expenses, for appearing on behalf of any person before the Tribunal. (As amended by G.N. No. 499 of 1964 and S.I. No. 156 of 1965) 32. The Tribunal mayPowers of Tribunal
(a) confirm, vary or reverse the decision appealed from as justice may require; (b) if the record does not furnish sufficient evidence or information for the determination of the appeal, remit the matter to the Commissioner with instructions in regard to the taking of further evidence or the setting out of further information; (c) order the parties, or either of them, to produce to the Tribunal at some convenient time such further proof as the Tribunal deems necessary or desirable; or (d) take any other course which may lead to the just, speedy and inexpensive settlement of the matter.
33. (1) The Tribunal shall have the power to summon witnesses, to call Summoning, etc., of for the production of and grant inspection of books, documents and other things, and to examine witnesses on oath, and for such purpose the witnesses Chairman is hereby authorised to administer oaths. (2) A summons for the attendance of witnesses or the production of books, documents or other things shall be signed by the Secretary to the
Tribunal and served in the same manner as if it were a subpoena for the attendance of a witness at a civil trial in a subordinate court. (3) Any person summoned to give evidence, or to produce any book, document or other thing, or giving evidence, before the Tribunal, shall be entitled to the same privileges and immunities as if he were summoned to attend or were giving evidence in civil proceedings before a subordinate court. 34. (1) If any person who has been summoned under the provisions of Witness failing to attend, etc. section thirty-three, having reasonable notice of the time and place at which he is required to attend, fails to attend accordingly, or fails to remain in attendance until duly excused by the Tribunal from such further attendance, the Chairman of the Tribunal may, upon being satisfied on oath or by the return of the person charged with the service of such summons that the summons was duly served upon such person, and, in case no sufficient reason for such failure seems to him to exist, issue a warrant, signed by the Chairman, for the apprehension of such person who shall thereupon be apprehended by any police officer to whom such warrant is delivered and shall be brought before the Tribunal to give his evidence or to produce the book, document or other thing, and in addition such person shall be liable to be fined summarily by the Chairman of the Tribunal for his default such amount, not exceeding one penalty unit, as the Chairman may determine. (2) If any person who has been summoned under the provisions of section thirty-three refuses to be sworn as a witness, or having been sworn, refuses to answer fully and satisfactorily any question lawfully put to him, or refuses or fails to produce any book, document or other thing, and does not excuse his refusal or failure to the satisfaction of the Tribunal, the Chairman of the Tribunal may order that such person be detained in custody as if he were a prisoner awaiting trial for any period not exceeding eight days unless he sooner consents to do what is required of him, and if such person, upon being brought up before the Tribunal at any adjourned hearing, again refuses or fails to do what is required of him, the Chairman may, if he sees fit, again adjourn the proceedings and order that he be detained for a like period, and so again from time to time until such person consents to do what is required of him. (3) A person mentioned in sub-section (2) shall, in addition to being detained in custody, as in such sub-section provided, be liable to be
fined summarily by the Chairman of the Tribunal such amount, not exceeding one penalty unit, as the Chairman may determine. (As amended by Act No. 13 of 1994) 35. Any person who knowingly gives false testimony touching any False evidence matter which is material to any question then pending in any proceedings before the Tribunal or intended to be raised in such proceedings shall be guilty of an offence and liable to imprisonment for a period not exceeding seven years. It shall be immaterial whether such testimony is given on oath or under any other sanction authorised by law. 36. If any person wilfully insults the Tribunal or any member thereof Contempt of during any sitting of the Tribunal or wilfully interrupts the proceedings Tribunal of the Tribunal, or otherwise wilfully disturbs the peace or order of such proceedings, the Chairman of the Tribunal may order that person to be removed and detained in custody until the rising of the Tribunal, and every such person shall be liable, in addition to such removal and detention, to be fined summarily by the Chairman of the Tribunal such amount, not exceeding one penalty unit, as the Chairman may determine. (As amended by Act No. 13 of 1994) 37. A person summoned under the provisions of section thirty-three may, on the order of the Tribunal, be paid out of the Fund such allowances as may be prescribed. 38. (1) The Tribunal may make such order as to costs as it may deem just having regard to the means of the parties and the merits of the appeal. (2) Subject to the provisions of sub-section (1), the costs and charges in connection with proceedings before the Tribunal shall be payable in accordance with the scale of costs for the time being in use in subordinate courts in civil cases. (3) Subject to the provisions of sub-section (1), payment of costs awarded by the Tribunal may not be enforced until they have been taxed by the clerk of a subordinate court of the first class of the District in which the appeal is heard. Witnesses' expenses
Costs
39. Any decisions of the Tribunal shall, subject to the provisions of section forty, be final.
Effect of decisions of Tribunal Appeal to High Court
40. (1) Any person who-
(a)
being a party to any appeal before the Tribunal is dissatisfied-
(i) with the determination of the Tribunal as being erroneous in point of law; or (ii) with any decision of the Chairman of the Tribunal as to whether the matter for determination by the Tribunal is a matter of fact or a matter of law; or (b) has been fined summarily by the Chairman of the Tribunal;
may appeal therefrom to the High Court within thirty days of such determination, decision or fine or within such further period as the High Court may on good cause shown allow. (2) Upon the hearing of an appeal under this section, the High Court may(a) confirm, vary or reverse the matter appealed against;
(b) remit the matter to the Tribunal with instructions in regard to the taking of further evidence or the setting out of further information; (c) order the parties or any of them to produce at some convenient time before the High Court such further proof as may seem necessary or desirable; (d) take any other course which may lead to the just, speedy and inexpensive settlement of the matter; (e) make such order as to costs as may seem just.
(3) The decision of the High Court in any appeal under this section shall
be final. (4) Rules of court for regulating appeals to the High Court under this section and for the procedure on such appeals may be made under the provisions of the High Court Act: Provided that until such rules are so made, the rules governing appeals in civil matters from subordinate courts to the High Court shall, mutatis mutandis, apply and be followed. Cap. 27
PART V RIGHT TO COMPENSATION 41. (1) If an accident to a worker arising out of and in the course of his Right to compensation employment happens after the date of commencement and results in such worker's disablement or death, he, or if he dies, his dependants, shall become entitled to compensation in accordance with the provisions of this Act. (2) Notwithstanding the provisions of sub-section (1), no compensation under this section shall be payable(a) if the accident is attributable to the serious and wilful misconduct of the worker, unless the accident results in serious permanent disablement, or the worker has died in consequence of the accident, leaving as his dependant his widow or a child or any dependant wholly dependent upon him; (b) in respect of his death, if the worker dies more than twelve months after the accident, unless it is proved that the accident directly caused the death or was the principal contributory cause of death. (3) For the purposes of this Act, an accident shall be deemed to arise out of and in the course of his employment notwithstanding that the worker was at the time when the accident happened acting in contravention of any law applicable to his employment or of any instructions issued by or on behalf of his employer, or that he was acting without instructions from his employer, if-
(a) the accident would have been deemed so to have arisen had the act not been done in contravention as aforesaid or without instructions from his employer, as the case may be; and (b) the act was done for the purposes of and in connection with the employer's trade or business. (4) An accident happening while a worker is travelling from his home to his place of work or from his place of work to his home, whether by a vehicle supplied by or on behalf of his employer or by any other means, shall be deemed to arise out of and in the course of his employment if the worker was, in the opinion of the Commissioner, so travelling by a reasonably direct route and with reasonable dispatch. (5) An accident happening to a worker in or about any premises at which he is for the time being employed for the purposes of his employer's trade or business shall be deemed to arise out of and in the course of his employment if it happens while he is taking steps, on an actual or supposed emergency at those premises, to rescue, succour, assist or protect persons who are, or are thought to be or possibly be, injured or imperilled, or to avert or minimise serious damage to property. (6) For the purposes of this Act, an accident arising in the course of a worker's employment shall be deemed, in the absence of evidence of the contrary, also to have arisen out of that employment. (As amended by No. 37 of 1969 and No. 19 of 1976) Accident during (a) while, with the consent of his employer, being trained in first aid, first aid training ambulance or rescue work or engaged in any competition in connection or rescue work therewith; or (b) in, at or about any premises other than his employer's while, with the consent of his employer, engaged in any first aid, ambulance, or rescue work; or (c) in, at or about his employer's premises while engaged in any first aid, ambulance or rescue work; whereby such worker sustains injury resulting in disablement or death, 42. When a worker meets with an accident-
such injury shall, for the purposes of this Act, be deemed to arise out of and in the course of his employment. 43. (1) If a worker or any of his dependants who is entitled to compensation under this Act has received or will receive in respect of an accident any pension or gratuity from the employer of the worker, then, in determining the amount of such compensation, no reduction shall be made in respect of any amount paid or to be paid by the employer by way of such pension or gratuity. (2) If a worker or any of his dependants who is entitled to compensation under this Act has received or will receive in respect of an accident any pension or gratuity from a pension, superannuation or provident fund to which the employer has contributed, then, in determining the amount of such compensation, no reduction shall be made in respect of the amount which has been received or will be received by the worker or any of his dependants from that fund. Successive 44. (1) Subject to the provisions of section forty-three, the Commissioner may in his discretion, in awarding or revising the award awards of of any compensation to a worker in respect of permanent disablement or compensation to his dependants, have regard to(a) in the case of a worker, any compensation for permanent disablement previously awarded to the worker under the workers' compensation law of any country, whether as the result of one or more than one accident or paid by one or more than one employer, or any benefit granted to the worker under any law on account of permanent disablement; (b) in the case of dependants, any benefits or settlements granted to them under any law on account of the death of the worker. (2) The compensation payable to a worker, whether in respect of one or more than one accident, shall not, in any case, exceed the compensation payable in respect of one hundred per centum disablement: Provided that, in determining such compensation, the calculation shall be based upon the earnings most favourable to the worker at the time of any such accident. Compensation not affected by other pension, etc.
(3) For the purposes of this section, compensation payments made to a worker or his dependants under the provisions of the Pneumoconiosis Act or the Act repealed thereby shall not be deemed to be a benefit on account of permanent disablement or death. (4) Whenever a worker has received compensation for permanent disablement under this Act and subsequently meets with an accident resulting in further disablement in respect of which compensation is payable under this Act, the Commissioner may, if the worker shows to the satisfaction of the Commissioner that it would be to his advantage to do so, calculate his compensation in respect of the further permanent disablement on the earnings he was receiving when he met with any previous accident in respect of which compensation was paid. (As amended by S.I. No. 156 of 1965) 45. (1) Save as is specially provided in this Act in respect of agreements, any provision in a contract existing at the commencement of this Act or thereafter entered into, whereby a worker or his dependants relinquish any right to compensation, whether for the worker or for any dependant, shall be null and void. (2) Notwithstanding anything in this Act contained, where the Commissioner is satisfied that, by reason of old age or serious physical defect or infirmity or any previous injury, a person, if employed as a worker, is specially liable to meet with an accident, or, if he meets with an accident is specially liable to sustain injury, he may, in connection with any contract for such employment, authorise the worker and the employer to enter into an agreement in writing that less than the amount payable under this Act shall be paid in respect of the disablement or death of that person: Provided that(i) such agreement shall be effective only when the old age or serious physical defect or infirmity or previous injury has caused or contributed to the accident; and (ii) no such agreement shall be valid and effectual unless the amount agreed to be paid in respect of the disablement or death is at least
Cap. 217
Contracting out prohibited
one-half of the amount that would otherwise be payable as compensation under this Act and has been approved by the Commissioner. 46. (1) Any employer who withholds from any moneys due from him to Deductions any of his workers any part of any sum which the employer is or may from earnings become liable to pay as compensation or assessment under this Act, or prohibited who requires or permits any of his workers to contribute towards the cost of any liability which he has incurred or may incur under this Act, shall be guilty of an offence. (2) Any court convicting an employer of an offence under sub-section (1) may, in addition to imposing any other penalty upon him, order that he shall pay to the worker any sum which he has unlawfully required or permitted the worker to contribute and such order shall have the effect of a civil judgment of the court: Provided that no order shall be made under the provisions of this sub-section unless and until the employer has been afforded an opportunity to show cause why the order should not be made against him. 47. Where a worker has received medical treatment in consequence of any accident arising out of and in the course of his employment and such treatment, whether through negligence or otherwise, results, through no wilful default on the part of the worker, in the death or disablement, or increased or continued disablement, of the worker, such death or disablement or increased or continued disablement, as the case may be, shall for the purposes of this Act, be deemed to have resulted from the accident, and the compensation payable under this Act shall be assessed accordingly: Provided that(i) where a worker or any dependant of a worker as the case may be, has received any payment, not being compensation payable under this Act, in respect of any disablement, increased or continued disablement or death attributable to such medical treatment, then, in assessing any compensation payable under this Act, regard shall be had to such payment; Death or disablement attributable to effects of medical treatment
(ii) where a worker or any dependant of a worker as the case may be, receives under the provisions of this Act, any compensation or increased compensation in respect of any disablement, increased or continued disablement or death which is attributable to any medical treatment received by the worker, any right of action of such worker or dependant, as the case may be, on account of such treatment shall, if not exercised by the worker or dependant, as the case may be, vest in and be exercisable by the Commissioner or by the employer individually liable. 48. Where under this Act there exists any right to compensation in respect of the death or disablement of any worker as a result of an accident, the Commissioner may in his discretion refuse to award the whole or a portion of such compensation and the Commissioner, or, if authorised thereto by the Commissioner, the employer individually liable, may further refuse to pay the whole or any portion of the cost of medical aid(a) if such worker has at any time represented to the employer or the Commissioner that he was not suffering or had not previously suffered from a serious injury or a scheduled disease or a serious illness knowing that the representation was false, and the accident has been caused by or the death has resulted from or the disablement has resulted from or been aggravated by such injury, disease or illness; or (b) if, in the opinion of the Commissioner, the death was caused or the disablement was caused, continued or aggravated by an unreasonable refusal or wilful neglect of the worker to submit to medical or surgical treatment in respect of any injury, disease or illness whether caused by the accident or contracted before the accident concerned. 49. Subject to the provisions of section fifty-six, the right to periodical Cessation and payments shall cease and the worker shall be entitled to compensation revival of periodical for any permanent disablement he may suffer(a) when the worker is, in the opinion of the Commissioner, able to payments resume the work at the which he was employed at the time of the accident or other suitable work having the same or greater emoluments; (b) when, in the opinion of the Commissioner, the injury causing the disablement has become static and no further medical aid will be required by the worker in respect of the injury before the expiration of eighteen months from the commencement of the disablement: Provided that the Commissioner may revive the right to periodical Circumstances precluding award of compensation
payments if(i) the worker suffers further disablement as the result of the same accident; or (ii) the worker undergoes further medical, surgical or remedial treatment necessitating further absence from work, if, in the opinion of the Commissioner, the treatment will reduce the disablement from which the worker suffers; and any compensation for permanent disablement payable to the worker shall be suspended while the worker is entitled to periodical payments under this proviso. 50. If a workerSuspension of right to periodical payments
(a) refuses or wilfully neglects to submit himself to medical examination or in any way wilfully obstructs or unnecessarily delays such examination; or (b) to the prejudice and without the consent of the employer, absents himself in such a manner that any notice under this Act cannot be served upon him; his right to periodical payments, or the continuance of such payments, shall automatically be suspended during the period that the circumstances exist which gave rise to such suspension, and no payments shall be payable by the Commissioner or an employer individually liable in respect of the period of suspension: Provided that the Commissioner may, on good cause shown, condone the action of the worker and make or order to be made, such payment or partial payment of a periodical payment to the worker in respect of the period of suspension as in the circumstances he deems just. 51. Save as is provided under this Act, there shall be no abatement of the amount of compensation which the Commissioner or the employer individually liable has to pay under this Act by reason of the fact that, in consequence of the accident causing disablement or death, money has become due to the worker or his dependants under an accident or life insurance policy effected by himself or by any other person. 52. An employer shall not, without the consent of the Commissioner, terminate his contract of service with a workman who has suffered disablement in circumstances which entitle him to compensation under the provisions of this Act until either(a) the worker has been certified by a medical practitioner to be fit
No abatement of compensation if worker insured
Contract of service not to be terminated during disablement
to resume the work for which he was employed at the time of the accident; or (b) compensation for permanent disablement becomes payable to the worker under the provisions of this Act. 53. Notwithstanding any term, express or implied, in the contract Wages for work under which a worker is employed that the worker is required to do an done entire work for an entire sum, the worker shall, if he is disabled by an accident arising out of and in the course of his employment, be entitled to payment from his employer of such part of the entire sum as bears the same proportion to the entire sum as the work done up to the time of the disablement bears to the entire work. 54. Where an employer, during the time a worker employed by him is Periodical disabled by accident arising out of and in the course of his employment, payments in pays to the worker his full earnings, the worker shall not be entitled to lieu of earnings any periodical payments and the employer shall be entitled to be reimbursed from the Fund to the extent of the periodical payments to which the worker would otherwise have been entitled: Provided that an employer shall not be entitled to be reimbursed as aforesaid if he is(i) an employer individually liable; (ii) an employer who at the date of the accident was in default in complying with the provisions of section one hundred and six; (iii) an employer who at the date of the accident was in default in the payment of his assessment.
PART VI LIABILITY FOR COMPENSATION AND AMOUNT AND PAYMENT OF COMPENSATION 55. Compensation shall be paid by either(a) (b) the employer individually liable; or the Commissioner. Liability to pay compensation
56. (1) Compensation in the case of total disablement shall be made by Amount of periodical payments during the period of disablement and shall be compensation calculated at fifty per centum of the assessed earnings of the worker. for total disablement (2) Periodical payment shall be made once a month: Provided that, by agreement or by order of the Commissioner, such payments may be made at shorter intervals than one month, subject in such case to a proportionate reduction in the amount of such payments. (3) (Repealed by 27 of 1994) (As amended by Act No. 27 of 1994). 57. (1) Compensation in the case of partial disablement shall bear the same proportion to the periodical payments prescribed in section fifty-six as the partial disablement bears to total disablement. Amount of compensation for partial disablement
(2) Where a worker who has been receiving compensation for total disablement returns to work with the employer for whom he was working at the time of the accident at a lower rate of earnings than he was receiving at the time of the accident, such employer shall forthwith notify the Commissioner of such fact and of the earnings at the time of the accident and the present earnings of the worker. (3) The provisions of sub-section (2) of section fifty-six shall apply in respect of periodical payments for partial disablement. (4) Subject to the provisions of section fifty-eight, periodical payments for partial disablement shall not be made for more than eighteen months. (As amended by Act No. 27 of 1994) Limit of time 58. If as a result of an accident a worker has received periodical payments for total disablement or partial disablement or total and partial for periodical disablement for a period of eighteen months from the date of the payments commencement of the disablement, then at the end of such period such
worker shall no longer be entitled to periodical payments for total or partial disablement and shall be deemed to have suffered permanent disablement unless the contrary is proved, in which case the Commissioner may, in his discretion, direct the continuance of periodical payments during the continuance of any such disablement for a period not exceeding six months. 59. (1) Compensation in the case of permanent disablement shall be according to the degree of disablement, and shall be calculated as follows: Amount of compensation for permanent disablement
(a) where the degree of disablement is one hundred per centum, a monthly pension calculated at fifty per centum of the assessed earnings of the worker; (b) where the degree of disablement is under one hundred per centum but exceeds ten per centum, a monthly pension bearing the same proportion to the pension calculated in accordance with paragraph (a) as the degree of such disablement bears to one hundred per centum; (c) where the degree of disablement does not exceed ten per centum, a lump sum so calculated on such basis as the Ministry may prescribe: Provided that in any case where the lump sum so calculated exceeds thirty-one thousand kwacha, compensation shall not be payable as such a lump sum, but shall be payable in accordance with paragraph (b), as though that paragraph applied to every degree of disablement under one hundred per centum. (2) Repealed by Act No. 27 of 1994). (3) Where a worker has sustained an injury specified in the First Schedule, he shall be regarded for the purposes of this Act as being permanently disabled at least to the degree set out for such injury in the said Schedule. (4) Where the injury (including any injury to genital parts) is not specified in the First Schedule, a percentage of disablement which is not inconsistent with the provisions of such Schedule shall be regarded as the minimum degree of permanent disablement for the said injury.
(5) From any compensation payable under this section no deduction shall be made on account of any periodical payments in respect of total or partial disablement under section fifty-six or fifty-seven. (6) In this section, "monthly pension" means a pension payable monthly during the lifetime of the worker. (As amended by No. 22 of 1965, No. 37 of 1969 and 27 of 1994) 60. Notwithstanding anything in this Act contained, if a worker who is in receipt of a pension, after a period of eighteen months from the commencement of the disablement had expired, undergoes further medical, surgical or remedial treatment necessitating further absence from work and which, in the opinion of the Commissioner, will reduce the disablement from which the worker suffers, the Commissioner may suspend the entitlement to the pension and any children's allowances for such period as he considers equitable and in lieu thereof the worker shall be entitled to payments calculated in the same manner as periodical payments. 61. (1) Where a worker dies as a result of an accident, compensation shall be determined as follows: Further medical aid while receiving pension
Amount of compensation for death of worker
(a) if the worker leaves as a dependant a widow or invalid widower and no dependent children, there shall be paid to such widow or invalid widower a monthly pension equal to four-fifths of the monthly pension which the deceased worker had been receiving under paragraph (a) of sub-section (1) of section fifty-nine, or would have received if he had been entitled to a monthly pension under the said paragraph, in respect of such accident; (b) if the worker leaves as dependants a widow or invalid widower and one or more children, there shall, subject to the provisions of sub-section (3) of section seventy-one, be paid to such widow or invalid widower the monthly pension mentioned in paragraph (a), and there shall be paid in the manner provided in sub-section (3) of section seventy-one in respect of such children a monthly allowance in accordance with the Third Schedule based on the monthly pension
which the deceased worker had been receiving under paragraph (a) of sub-section (1) of section fifty-nine, or would have received if he had been entitled to a monthly pension under the provisions of paragraph (a) of the said sub-section (1) in respect of such accident; (c) if the worker leaves no dependent spouse but one or more children as dependants, or if the widow or invalid widower referred to in paragraph (b) dies leaving dependent children of the worker, a monthly allowance in respect of the children shall be payable in accordance with the Fourth Schedule based on the monthly pension which the deceased worker had been receiving under paragraph (a) of sub-section (1) of section fifty-nine, or would have received if he had been entitled to a monthly pension under the said paragraph (a) in respect of the accident; (d) if the worker leaves no dependants of any class referred to in paragraph (a), (b) or (c), an amount not exceeding three years' earnings or thirty thousand kwacha whichever is the less, shall be paid to any other dependant wholly dependent upon him; (e) if the worker leaves no dependants of any class referred to in paragraph (a), (b), (c) or (d), but leaves a dependant partly dependent upon him, a sum equal to three times the amount or value of the benefits received by such dependant from the worker during the twelve months immediately preceding the accident, or which could, but for the death, have been reasonably expected to be received by such dependant from the worker during the twelve months immediately succeeding the accident, whichever can better be calculated to give the amount or value of the benefits: Provided that the aggregate amount payable to dependants under this paragraph shall not exceed three years' earnings or thirty thousand kwacha, whichever is the less; (f) if the worker does not leave as a dependant a widow or invalid widower, but leaves as dependants one or more children to whom an allowance is payable under paragraph (c) and other dependants, and the total amount of the capitalised value of the allowances likely to be payable under paragraph (c) will be less than three years' earnings of the worker or thirty thousand kwacha, whichever is the less, then additional compensation shall be payable not exceeding the likely excess of the three years' earnings or thirty thousand kwacha, whichever is the less, over the total amount of the allowances likely to be payable under paragraph (c) and such additional compensation shall be paid to such other dependants in such proportions as the Commissioner may
determine: Provided that no dependant who was not wholly dependent upon the worker shall be entitled to receive a greater payment than that to which he would have been entitled under paragraph (e). (2) The total compensation payable in respect of the death of a worker in accordance with the provisions of paragraphs (d), (e) and (f) of sub-section (1) shall in no case exceed thirty thousand kwacha or three years' earnings of the worker whichever is the less. (3) Save as is provided in section forty-four, no deduction shall be made from the compensation awarded under this section in respect of any compensation awarded to the worker for the same accident. (4) The right to any pension or allowance in respect of a deceased worker shall vest on the date of his death, and the amount of such pension or allowance shall be calculated from such date. (5) Where a worker dies as a result of an accident and the funeral expenses of such worker have been or are to be paid by any dependant of such worker, there shall be paid to such dependant the total amount of the funeral expenses or ten thousand kwacha whichever is the less. (As amended by No. 22 of 1965, No. 37 of 1969, No. 19 of 1976 and 27 of 1994) 62. (1) If a worker who is in receipt of a pension under section fifty-nine, or who would have been entitled to a pension under that section but for his death, dies not as the result of the accident in respect of which he was receiving or would have been entitled to receive such pension, the widow or invalid widower of such deceased worker, if married to or living with such worker, as the case may be, at the time of the accident in respect of which he was receiving a pension and dependent on him at the time of his death, shall be paid a monthly pension equal to four-fifths of the monthly pension payable to the deceased worker at the time of his death, plus a monthly allowance for any dependent children of such deceased worker who were born or adopted before the time of such accident, or born within ten months after the time of such accident, calculated in accordance with the Third Schedule and based on the monthly pension payable to such deceased Compensation where worker in receipt of pension dies
worker at the time of his death. (2) If a worker who is in receipt of a pension under section fifty-nine, or who would have been entitled to a pension under that section but for his death, dies not as the result of the accident in respect of which he would have been entitled to such pension, and leaves no widow or invalid widower entitled to a pension under sub-section (1), but leaves one or more children, born or adopted before the time of such accident, or born within ten months after the time of such accident, there shall be paid for the benefit of such child or children a monthly allowance in accordance with the Fourth Schedule based on the monthly pension that would have been payable to such deceased worker. (3) If a widow or invalid widower who is in receipt of a pension under sub-section (1) dies and leaves dependent children of the worker born or adopted before the time of the accident or born within ten months after the time of the accident, there shall be paid for the benefit of such children the allowances prescribed under sub-section (2). (As amended by No. 22 of 1965, No. 37 of 1969 and No.. 27 of 1994) 63. If owing to age, marriage or death any child ceases to fall within the definition of the term "child", the allowance for children prescribed in this Part shall, subject to the provisions of section sixty-four, be diminished or cease accordingly. 64. If, in the opinion of the Commissioner, any son or daughter of a deceased workman or a pensioner who does not fall within the definition of the term "child" is unable by reason of mental or physical disability to earn an income, or is attending a full-time educational course, he shall, upon the application of any interested person, declare that such son or daughter shall be deemed to be a child for the purpose of determining the allowances for children under the provisions of this Part for so long as it might reasonably have been expected that the worker would have continued to contribute towards his or her support. (As amended by No. 19 of 1976) 65. (1) If any worker who is in receipt of a pension under this Act Pensioner resides outside the Commonwealth or such other states and territories as absent from or the Commissioner may from time to time prescribe without the written resident out of Diminution of children's allowances
Child over seventeen may continue to receive allowances
permission of the Commissioner, or outstays the period laid down in Commonwealth such permission, the worker shall at his own expense furnish such proof of the continuance of the degree of disablement in respect of which compensation was awarded and such other particulars as the Commissioner may require, and, if he fails to do so, the Commissioner may discontinue, suspend, or reduce the pension. (2) If a dependant of a worker resides outside the Commonwealth or such other states and territories as the Commissioner may from time to time prescribe at the time of the death of such worker and continues so to reside without the written permission of the Commissioner, or if any such dependant is absent from the Commonwealth without the written permission of the Commissioner, or outstays the period laid down in any such permission, the Commissioner may, in his discretion, in lieu of any pension payable to such dependant under this Act, award a lump sum of such amount as he may deem equitable in the circumstances. (As amended by S.I. No. 156 of 1965) 66. (1) If a widow or invalid widower who is receiving a pension under Pension to the provisions of this Act as a dependant marries, the pension payable to cease on her or him shall cease with effect from the date of her or his marriage: remarriage and gratuity to be payable on the remarriage of a widow Provided that any allowance payable in respect of children of the deceased worker to whom such widow or widower was married shall continue to be payable. (2) Where the pension payable to a widow ceases by virtue of the provisions of sub-section (1), there shall be paid to her an amount equal to twenty-four times the amount of her monthly pension. 66A. (1) On the death of a pensioner, his widow or her widower shall, Commissioner within one month of such death notify the Commissioner thereof. to be informed of death of pensioner, etc. (2) If a widow or widower who receives or is entitled to receive a
pension in respect of the death of her husband or wife marries, such widow or widower shall, within one month of the date of such marriage, notify the Commissioner thereof. (3) Any person who receives an allowance in respect of any son, daughter or other child of a deceased worker or of a pensioner shall, within fourteen days of the happening of any of the following events, notify the Commissioner thereof: (a) (b) the death of such son, daughter or other child; the marriage of such son, daughter or other child;
(c) the cessation of the conditions in respect of which the Commissioner has made a declaration under section sixty-four. (4) Any person who fails to comply with this section shall be guilty of an offence. (As amended by Act No. 19 of 1976) 67. (1) (a) For the purpose of this Act, the earnings of a worker shall be Method of computed in such manner as is best calculated to give the monthly rate at calculating which such worker was remunerated by his employer at the time of the earnings. accident concerned, disregarding temporary absence from work during sickness, holiday, leave or unemployment. Such earnings shall also include twelve and one half per centum of the worker's basic wages or basic salary but shall not include any(i) remuneration of intermitten overtime; (ii) casual payments of a non-recurrent nature; (iii) sum paid by an employer to a worker to cover any special expenses incurred by the worker on account of the nature of his work; (iv) ex-gratia payments, whether made by the employer or other person, (v) sum paid under any provident fund;
(vi) payment by way of pension; (vii) special cash payment, other than normal leave pay made when the worker is going on leave; (viii) housing allowance or the cost of any food or quarters supplied by the employer; or (ix) cost of living allowance. (b) Any employer who supplies food or quarters or both food and quarters to a worker is entitled to receive periodical payment and shall be entitled to be refunded by the worker the cost, as determined by the Commissioner, of such food or quarters or food and quarters; and the Commissioner may deduct from any moneys payable to the worker an amount equal to such cost and pay such amount to the employer. (As amended by Act No. 19 of 1976) (2) Where a worker's remuneration is fixed at a rate calculated upon work performed or is subject to fluctuation by reason of the terms or nature of the employment, his earnings shall be taken to be his average monthly remuneration for similar work upon the same terms of remuneration for as long a period as possible before the accident but not exceeding twelve months. (3) Where, by reason of the shortness of time during which a worker has been in the employment of his employer, it is impracticable to arrive at a fair computation of his average monthly earnings in such employment, the earnings shall be computed, if possible, upon the basis of the amount which the worker earned at work on the same terms of remuneration with another employer during the twelve months immediately preceding the accident concerned or upon the basis of the amount which, during the twelve months immediately preceding such accident, has been earned by other worker with the worker's employer at similar employment on the same terms of remuneration or would have been earned by the worker during such preceding twelve months had he been so employed. (4) Where a worker has entered into concurrent contracts of service with two or more employers, and has worked under those contracts at one time for one employer and at another time for another employer, his
earnings shall be computed as if his earnings under all such contracts were earnings in the employment of the employer for whom he was working at the time of the accident. (5) Nothing in this section shall be construed so as to prevent the computation of earnings on a weekly basis, and, where earnings are so computed, the monthly earnings shall be calculated as equal to four and one-third times the amount of such weekly earnings. (As amended by Act No. 19 of 1976) 68. Where a worker who has suffered permanent disablement was, at the date of the accident concerned, under twenty-one years of age or was employed under a contract of apprenticeship or learnership, the amount of his compensation for such permanent disablement shall be based on the earnings which, had he not met with the accident, he would, in the opinion of the Commissioner, probably have been receiving at the end of three years after the accident, or as a journeyman or operator upon completion of his apprenticeship or learnership, whichever calculation is more favorable to the worker. Calculation of earnings of permanently disabled worker under twenty-one
69. (1) Where a pension under section fifty-nine does not exceed such Payment of amount as may be prescribed, the Commissioner may, in his discretion, lump sum in upon the application of the worker, pay or order the payment of a lump lieu of pension sum in lieu of a portion or the whole of such pension. (2) Where such pension exceeds the prescribed amount, the Commissioner may, in his discretion, on the application of the worker, in lieu of a portion of such pension, pay or order the payment of a lump sum not exceeding the maximum sum which, in the opinion of the Commissioner, would have been payable under sub-section (1) had the pension not exceeded the prescribed amount: Provided that if the balance of the pension payable is less than three hundred kwacha per month, the Commissioner may pay or order the payment of a lump sum in lieu of the whole of such pension. (3) Any lump sum under this section shall be calculated on a basis prescribed by the Minister and payment thereof shall be subject to the control of the Commissioner as provided in section seventy-one.
(4) Where the Commissioner pays or orders the payment of a lump sum in lieu of the whole of a pension he may also, in his discretion, pay or order the payment of a lump sum in lieu of any children's allowances which the Commissioner has, under the provisions of sub-section (3) of section seventy-one, determined shall be paid to the pensioner. (As amended by No. 19 of 1976 and 27 of 1994) 70. (1) Where the injury in respect of which compensation is payable causes disablement of such a nature that the worker is unable to perform the essential actions of life, without the constant help of another person, the Commissioner may from time to time in his discretion grant an allowance in addition to any other benefits under this Act, or require an employer individually liable to pay such an allowance, towards the cost of such help as may be required for a specified period. (2) The Commissioner may in his discretion revise any order made under the provisions of sub-section (1). 71. (1) Where compensation is payable in the form of a lump sum by an Control of employer individually liable, such sum shall, unless the Commissioner payment of otherwise directs, be paid to the Commissioner to be dealt with by him compensation in the manner provided in this section and the receipt of the Commissioner shall be a sufficient discharge in respect of the amount paid. (2) Any compensation payable in the form of a lump sum to a worker or dependant may, in the discretion of the Commissioner and for reasons deemed by him to be sufficient, be(a) paid to the worker or dependant in the form of a lump sum or in instalments, or to or on behalf of persons dependent for maintenance on such worker or dependant; (b) invested or applied from time to time, as the Commissioner may deem to be to the advantage of the worker or dependant, or those dependent on either of them for maintenance; (c) paid to a trustee or other person to be used subject to such conditions as may be imposed by the Commissioner; Worker requiring constant attendance
(d) dealt with partly in one and partly in another or in more than one of the ways mentioned in paragraphs (a), (b) and (c), as the Commissioner may determine. (3) Any children's allowance payable under the provisions of this Act shall be paid to the parent, step-parent, adoptive parent or such other person on behalf or for the benefit of the child as the Commissioner may determine, and where a children's allowance is payable in respect of both legitimate and illegitimate children, the Commissioner shall determine how such allowance shall be apportioned. (4) Where a worker dies leaving dependants and there remains unpaid to him any amount due under the provisions of this Act, the provisions of section one hundred and sixteen shall apply and the Commissioner shall distribute the amount concerned among the dependants of such deceased worker, in such proportions as he may deem fit, and if such worker dies otherwise than as a result of the accident concerned, the Commissioner may pay the funeral expenses of the deceased worker from such unpaid amount. (5) Where a dependant dies and there remains unpaid to him any amount due to such dependant under the provisions of this Act, such amount shall not form part of the estate of the deceased dependant, but shall be paid to the Commissioner for distribution or shall be distributed by him amongst such other dependants in such proportions as he may deem fit, and the Commissioner may pay the funeral expenses of the deceased dependant from such unpaid amount, and, where there are no such dependants, any unpaid amount remaining after the payment of the funeral expenses, if any, shall in the case of an amount paid to him by an employer individually liable be repaid by the Commissioner to the employer individually liable. 72. Where a pension or children's allowances are payable by an employer individually liable, the payments shall be made(a) by such employer; or (b) by agreement with the Commissioner, by the Commissioner from funds furnished by such employer for this purpose. 73. In anticipation of the award of compensation, the Commissioner Advances may, where, in his opinion, the interest or pressing need of the worker or against Where employer is liable to pay pension
of a dependant warrants it, make an advance not exceeding twenty thousand kwacha to or on behalf of the worker or a dependant on such conditions as the Commissioner may determine: Provided that any moneys so advanced shall be recovered, in such instalments and in such manner as the Commissioner may decide, from any amounts awarded as compensation to the worker or his dependants. (As amended by Act No. 27 of 1994) 73A. With the consent of the Minister, the Board may, not more than once in each calendar year, review any amount payable under this Part as pension or children's allowance and may increase such amount so as to compensate fully or partly for the increase in the cost of living according to the official cost of living index of the Republic. (As amended by Act No. 19 of 1976)
compensation
Review of pensions or allowances
PART VII PROCEDURE FOR OBTAINING COMPENSATION 74. (1) In order that compensation may be obtained under this Act(a) notice of an accident causing disablement or death of a worker shall be given by or on behalf of the worker, or a dependant of such worker, as soon as reasonably possible after the happening of the accident, to the employer; (b) save as is otherwise provided in this Act, a claim for compensation shall, in the case of disablement, be lodged with the Commissioner or the employer individually liable, within twelve months after the date of the accident or, in the case of death, within twelve months after the date of the death: Provided that where a worker has been receiving periodical payments, a claim for compensation for permanent disablement in respect of the same accident shall be lodged within twelve months after the date on which such periodical payments finally cease to be payable. (2) The provisions of paragraph (b) of sub-section (1) shall not be Notice of accident to be given
construed as enabling a claim to be made for compensation in respect of a death which occurred more than twelve months after an accident causing injury, if no claim for compensation has been made by the worker within twelve months after the date of such accident. (3) Notwithstanding anything contained in this section(a) failure to give such notice shall not bar the right to compensation if it be proved that the employer had knowledge of the accident from any other source at or about the time of the accident; (b) failure to give such notice or to make a claim within the period of twelve months mentioned in this section or any defect or inaccuracy therein shall not bar the right to compensation if, in the opinion of the Commissioner(i) the Fund or the employer individually liable is not or would not be, if notice or an amended notice were then given, seriously prejudiced by such failure, defect or inaccuracy; or (ii) such failure, defect or inaccuracy was occasioned by a mistake, absence from Zambia, or other reasonable cause. (4) No claim for compensation under this Act shall be considered unless it is lodged with the employer individually liable or the Commissioner in the manner prescribed within twelve months after the date of the accident or, in the case of death, within twelve months after the death: Provided that the provisions of paragraph (b) of sub-section (3) shall apply mutatis mutandis to this sub-section. 75. (1) Every employer shall, within three days after havingEmployer to give notice of accident to Commissioner
(a) gained knowledge of the happening of an accident to a workman, report such accident to the Commissioner in such form as may be prescribed; and (b) received written notice of an accident to a worker, forward such written notice to the Commissioner;
and any employer who fails without reasonable excuse to comply with the provisions of this sub-section shall be guilty of an offence. (2) A report made by an employer to the Commissioner under the provisions of sub-section (1) shall constitute a claim for compensation by the worker notwithstanding that it may contain information which, if correct, would negative such claim. (3) Notwithstanding the provisions of sub-section (1), an employer may, if specially authorised by the Commissioner, report accidents at such intervals and in such manner as the Commissioner may approve. (4) Every employer shall keep a register in such form as may be prescribed, or in such other form as the Commissioner may, in any particular case, allow, in which he shall, within three days of the happening of an accident, record the happening thereof. (5) For the purposes of this section, "accident" includes any personal injury sustained by a worker and damage to or destruction of any artificial aid used by him and reported by him to his employer, if in making the report the worker alleges that such injury, damage or destruction arose out of and in the course of his employment. 76. (1) A worker shall supply such further particulars of any accident Additional and any injury to such worker arising therefrom as his employer, information to whether individually liable or not, or the Tribunal or the Commissioner, be supplied may require. (2) An employer shall supply such further particulars as the Tribunal or the Commissioner may require of any accident to any worker, the injuries and earnings of such worker and such other matters as are within the knowledge of the employer concerning such worker and such accident. (3) A worker or employer who fails to comply with the provisions of this section shall be guilty of an offence. 76A. (1) Where an employer is convicted of the contravention of Entry of
sub-section (1) of section seventy-five or sub-section (2) of section judgment in seventy-six, the court before which such employer is convicted shall, on favour of the application of the Commissioner and in addition to imposing any Commissioner penalty, enter judgment, and civil jurisdiction is hereby conferred upon it for that purpose, in favour of the Commissioner for a sum equal to the loss sufferred by the Board on account of such employer's default: Provided that such sum shall not exceed the full amount of the compensation payable on account of the accident in respect of which such employer was in default. (2) Any sum ordered by the court under sub-section (1) shall be recoverable by the Commissioner as a civil debt. (3) In this section "compensation", in the case of a continuing liability, includes any sum determined by the commissioner as the capitalised value of the pension (whether or not a lump sum is paid at any time in lieu of the whole or part of such pension), periodical payment or allowance, as the case may be, which constitutes liability. (As amended by Act No. 19 of 1976) 77. (1) A worker who claims compensation shall, when so required by Worker to the Commissioner or employer individually liable, furnish a certificate furnish medical certificates from a medical practitioner or dentist, according to the nature of the injury, showing the nature and extent of the worker's injury or illness, whether or not he is fit for work and the reason for such unfitness, if any, and the period of likely temporary disablement. (2) Where any such certificate is forwarded to an employer, he shall forthwith forward such certificate to the Commissioner. 78. The Commissioner may at any time require any worker who has Commissioner suffered any injury to obtain and furnish to the Commissioner such may require medical reports concerning the condition of, and the extent of the injury medical reports to, such worker, and any other matter as may be necessary to enable the Commissioner to carry out his functions in respect of such worker, and any fee payable for any such report shall be payable out of the Fund. 79. In the case of the death of a worker as a result of an accident or Commissioner
where any person who is in receipt of compensation dies, the may call for Commissioner may call for such evidence of the death of such worker or evidence of person as he may require for the purposes of this Act. death 80. (1) A worker who claims compensation or to whom compensation has been paid or is payable shall, when so required by written notice given by his employer individually liable or the Commissioner, and after reasonable notice, submit himself for examination by a medical practitioner nominated by such employer or the Commissioner, as the case may be, at the time and place notified, provided such time and place are reasonable, and any necessary expenses incurred by the worker in complying with the provisions of this section as determined by the Commissioner shall be paid by the employer or by the Commissioner, as the case may be. (2) In the event of a worker being, in the opinion of any medical practitioner, not in a fit state to attend on the medical practitioner named in any notice given under sub-section (1), such worker, or some person on his behalf, shall notify the employer or the Commissioner, as the case may be, of the fact, and may require the medical practitioner so named to attend on the worker at a reasonable time and place to be agreed upon. (3) A worker shall be entitled, at his own expense, to have a medical practitioner nominated by himself present at any examination made under the provisions of this section. 81. Whenever it comes to the notice of the Commissioner that an accident has happened to a worker which might result in a claim under this Act, the Commissioner shall(a) make or cause to be made such inquiry or take or cause to be taken such other steps as he may deem necessary to enable him to decide on any claim or question of liability under this Act; (b) at the request of an injured worker or of his employer, supply such information as the Commissioner considers necessary to enable the worker or his employer to comply with the requirements of this Act. 82. (1) Upon receipt of any claim for compensation the Commissioner Procedure on shall, after making or causing to be made such inquiries as he may deem presentation of necessary, determine such claim in part or in whole as is appropriate at claim the time. Procedure upon information of accident Worker claiming compensation to submit to medical examination
(2) Where it appears to the Commissioner from any certificate submitted to him that the worker has suffered permanent disablement and that the worker's injury is static, the Commissioner shall determine the degree of disablement of such worker in relation to all the circumstances of the case. (3) The Commissioner shall, as soon as he has made a determination under the provisions of this section, by notice in writing, inform the claimant and the employer individually liable, if such employer is concerned, of the result of the determination. 83. Notwithstanding anything contained in this Act, the Commissioner may authorise an employer individually liable, subject to such conditions as the Commissioner may determine, to make provisional settlements of claims for compensation with a worker: Provisional settlement of claim by employer individually liable
Provided that such employer shall report such provisional settlements to the Commissioner with such particulars and at such intervals as the Commissioner may determine, and the Commissioner shall either confirm any such provisional settlement or proceed to determine such claim in the manner provided in this Part as if such provisional settlement had not been made. 84. (1) The Commissioner may require an employer, other than an employer individually liable, to make periodical payments of compensation in cash or in kind or both in cash and in kind to a disabled worker. Commissioner may require employer to make periodical payments
(2) The Commissioner shall refund to an employer such periodical payments as the employer has made to a worker under the provisions of sub-section (1): Provided that, before making any refund in respect of payments in cash, the Commissioner may require the transmission to him of a certificate, in the form prescribed, of such payment.
PART VIII MEDICAL AID 85. (1) An employer shall provide and maintain such appliances and First aid services for the rendering of first aid to his workers in case of any accident to them as may be prescribed in respect of the trade or business in which he is engaged: Provided that this sub-section shall not apply in any case where appliances and services for the rendering of first aid are provided and maintained in accordance with the provisions of any other law. (2) Any employer who fails to comply with the provisions of sub-section (1) shall be guilty of an offence. 86. (1) In the event of an accident happening to a worker in the course Conveyance of injured worker of his employment which necessitates his removal to a hospital or his residence, the employer of such worker shall forthwith provide the necessary conveyance therefor. (2) The Commissioner or the employer individually liable, as the case may be, shall defray the reasonable expenses (as determined by the Commissioner) incurred by an employer or any other person in complying with the provisions of sub-section (1). (3) Any employer who fails to comply with the provisions of sub-section (1) shall be guilty of an offence. 87. (1) Subject to the provisions of this section, the Commissioner or an Medical aid employer individually liable, as the case may be, shall defray any expenses expenses reasonably and necessarily incurred by a worker as the result of an accident arising out of and in the course of his employment in respect of the following matters, that is to say: (a) dental, medical, surgical or hospital treatment;
(b) (c)
skilled nursing services; the supply of medicines and surgical dressings;
(d) travelling and subsistence in connection with the worker's journey to and from and treatment in a place either within or outside Zambia where he was directed by his medical practitioner to go for treatment; or for the obtaining of any artificial limb or apparatus referred to in paragraph (e); (e) the supply, maintenance, repair and renewal of artificial limbs and apparatus necessitated by the accident and the repair or replacement of artificial limbs or apparatus used by a worker in the course of his employment and damaged or destroyed as the result of an accident. (2) The liability of the Commissioner or an employer individually liable, as the case may be, shall be limited(a) in the case of the matters mentioned in paragraphs (a) to (d) inclusive of sub-section (1), to an amount not exceeding thirty thousand kwacha; and (b) in the case of the matters mentioned in paragraph (e) of sub-section (1), to an amount not exceeding twenty thousand kwacha: Provided that if the Commissioner is satisfied on a medical certificate that the injury to the worker was of a serious nature, the Commissioner may determine that such additional amount as he considers just in the circumstances shall be paid by him or the employer individually liable, as the case may be. (3) The Commissioner or an employer individually liable shall only be liable in respect of travelling and subsistence expenses in connection with a worker's journey to and from and treatment in a place outside Zambia if the Commissioner has approved of such journey. (4) For the purposes of this section, hospital treatment shall include the maintenance of a worker detained in hospital.
(As amended by No. 19 of 1976 and No. 27 of 1994) 88. All disputes as to liability for or the necessity for or the character or Decisions of sufficiency of any medical aid provided or to be provided under this Part Commissioner shall be determined by the Commissioner. in regard to medical aid 89. The fees and charges for medical aid to workers shall be in Power to prescribe fees accordance with such scale as the Minister may prescribe after for medical aid consultation with such associations or bodies representing medical practitioners or dentists entitled to practise in Zambia as the Minister may think fit, and no claim for an amount in excess of a fee in accordance with that scale shall lie against any worker, the Commissioner or an employer individually liable in respect of any such medical aid. (As amended by No. 37 of 1969) 90. (Repealed by No. 19 of 1976)
PART IX DISEASES 91. (1) Where a medical practitioner grants a certificateCompensation in respect of diseases
(a) that a worker is suffering from a scheduled disease causing disablement or that the death of a worker was caused by a scheduled disease; and (b) that such disease was due to the nature of the worker's employment; the worker or, if he is deceased, his dependants shall be entitled to claim compensation under this Act as if such disablement or death had been caused by an accident and the provisions of this Act shall, subject to the provisions of this Part, mutatis mutandis, apply unless at the time of entering into the employment the worker wilfully and falsely
represented in writing in reply to a specific question that he had not previously suffered from the disease: Provided that(i) where the worker was not, at the date of the disablement or death, employed in the occupation to the nature of which the disease is due, the earnings of the worker shall be calculated on the basis of his earnings when he was last employed in such occupation; and (ii) in no case shall the worker or his dependants be entitled to compensation in respect of any causation or aggravation of the disease which was due to employment outside Zambia except in the case of a worker ordinarily resident in Zambia employed outside Zambia by his employer within Zambia. (2) If the Commissioner is satisfied that the allegations in a certificate mentioned in sub-section (1) are correct, the worker or his dependants, as the case may be, shall be entitled to compensation under this Act, as if the contracting of the disease were an injury by accident arising out of and in the course of the worker's employment. 92. Where any of the provisions of this Act relating to an accident are Fixing date of applied to disablement or death of a worker caused by a scheduled accident disease, an accident shall be deemed to have happened(a) in the case of a scheduled disease causing disablement, on the date of the certificate mentioned in section ninety-one; (b) in the case of death from such disease, on the date of the death of the worker. 93. If a worker who becomes disabled by or dies of any scheduled Presumption as disease was, within the period of twenty-four months immediately to cause of preceding the disablement or death, employed in any occupation disease mentioned in the Second Schedule opposite such disease, it shall be presumed, unless or until the contrary is proved, that the disease was due to the nature of such employment. 94. (a) The Minister may, by regulationamend the description of work in the Second Schedule; Minister may amend Second Schedule
(b) add to the Second Schedule the description of further diseases and, in relation to those further diseases, the description of the work for the purposes of section ninety-three. 95. (1) In relation to pneumoconiosis to which this section applies, the provisions of this section shall prevail over any other provisions of this Act, but such provisions of this Act as are not inconsistent with the provisions of this section shall apply to pneumoconiosis. (2) This section shall apply only in relation to pneumoconiosis in respect of which compensation is not payable under the provisions of the Pneumoconiosis Act. (3) Where any person has contracted pneumoconiosis in respect of which he is not entitled to compensation under the provisions of this Part and thereafter works in an occupation which may give rise to pneumoconiosis owing to the presence of dust, he shall not be entitled to any compensation under this Act for or by reason of or on account of any work in such occupation. (4) Any person who has worked or is working in an occupation which, in his opinion, may give rise to pneumoconiosis owing to the presence of dust, and who considers that he is disabled by pneumoconiosis as a result of such work, may apply in person or in writing to the Bureau for an examination to determine whether or not he is suffering from pneumoconiosis and any disablement caused by such pneumoconiosis so as to entitle him to compensation under this Act. (5) Any person applying for an examination under the provisions of this section shall deliver to the Bureau full and correct particulars of all work performed by him, and on receipt of such particulars the Director, or any person authorised by him in that behalf, shall, if he is of the opinion that the applicant is working or has worked in an occupation which may give rise to pneumoconiosis, notify him of a time and place at which he may present himself for examination. (6) On presenting himself for examination at the time and place specified under sub-section (5), and on payment of a fee of twenty fee units the applicant shall be clinically and radiologically examined: Special provisions in respect of pneumoconiosis Cap. 217
Provided that the fee of twenty fee units shall not be payable if the applicant produces before the examination a medical certificate to the effect that the examination is desirable. (7) After an examination under the provisions of this section, the Director shall provide the person examined, or cause him to be provided, with a certificate stating whether such person is or is not suffering from pneumoconiosis, and, if he or she is so suffering, whether or not such pneumoconiosis results in his or her disablement. (8) The Director shall, when required by the Commissioner or the Tribunal so to do, and on consideration of all the evidence in his possession, whether submitted to him by the Commissioner or the Tribunal or otherwise, certify(a) the amount, expressed as a percentage, of disablement suffered by a claimant by reason of pneumoconiosis; (b) the proportion of pneumoconiosis suffered by the claimant which is attributable to work entitling such claimant to compensation under the provisions of this Act. (9) A certificate issued under the provisions of this section shall be accepted by the Commissioner or by the Tribunal, as the case may be, as prima facie evidence of the facts therein certified. (10) If the claimant is entitled to compensation for pneumoconiosis under this Act, the fee of twenty fee units paid by him for the examination shall be refunded to him by the Commissioner or the employer individually liable, as the case may be. (11) For the purposes of this section"Bureau" means the Pneumoconiosis Medical and Research Bureau established under the provisions of the Pneumoconiosis Act; "Director" means the Director of the Bureau. (As amended by No. 27 of 1994 and Act No. 13 of 1994) Cap. 217
96. In the case of an employer individually liable, compensation in respect of a scheduled disease shall be paid by the employer who last employed the worker in the occupation to the nature of which the disease is due: Provided that, if the Commissioner is satisfied that the worker contracted the disease while in the employment of any previous employer or that the disease was partly attributable to such employment, he may, after due notice to that employer, direct that the compensation, or such part thereof as he deems equitable, shall be paid by such employer if he is individually liable, or out of the Fund, as the case may be.
Liability to pay compensation
PART X COMPENSATION FUND 97. (1) There shall, on the commencement of this Act, be established Establishment and maintained a fund to be known as the Worker's Compensation Fund of Fund which shall be vested in the Board. (2) The Fund shall consist of(a) (b) Act; the assessments paid by employers under this Act; any moneys paid by employers to the Commissioner under this
(c) any moneys paid as penalties imposed under this Act, other than penalties imposed by a court of law; (d) interest from investments of the Fund;
(e) any moneys transferred under the provisions of paragraph (c) of section one hundred and twenty-three; (f) any moneys paid to the Board under the provisions of section ninety-nine;
(g) any payments made to the Commissioner by employers individually liable under the provisions of this Part; (h) any other sums to which the Fund may become entitled.
98. (1) The moneys of the Fund shall be applied by the Commissioner Application of for the purposes of this Act and in payment of the expenses of the due Fund administration thereof. (2) Any surplus in the Fund may, with the approval of the Minister after consultation with the Minister responsible for finance, be applied by the Board in the reduction of future assessments or may be transferred to reserves or may be allowed to remain in the Fund, and any deficiency in the Fund may be made good by an increase in the amount of any future assessment. (3) There may be established within the Fund such reserve funds as the Board, with the approval of the Minister after consultation with the Minister responsible for finance, considers necessary for the purposes of this Act. 99. (1) Save as is provided in sub-section (2), the obligations and liabilities of any insurer under any contract of insurance made in pursuance of sub-section (1) of section ninety of the *Act repealed by this Act shall remain in full force. *See section 127 of this Act. (2) Any insurer may, with the approval of the Board, pay to the Board the capitalised value of any pension, or children's allowance, as determined by the Board in respect of which he is liable to indemnify the employer of a worker under a contract of insurance made in pursuance of sub-section (1) of section ninety of the *Act repealed by this Act and, upon such payment, the obligations of the insurer under such contract and the obligations of the employer under the *Act repealed by this Act, other than any obligation arising out of an arrangement made by the employer for furnishing medical aid to his workers under section seventy-two of the repealed Act, shall cease and be transferred to the Board. Provisions relating to the liability of insurers and certain employers
*See section 127 of this Act. *See section 127 of this Act. (3) Any employer to whom an exemption was granted by the Governor of the former Protectorate of Northern Rhodesia, in the exercise of the powers conferred upon him by sub-section (2) of section ninety of the *Act repealed by this Act, from the operation of sub-section (1) of that section and whose exemption was in force immediately before the commencement of this Act (hereinafter in this section referred to as an exempted employer) may, with the approval of the Board, pay to the Board the capitalised value of any pension or children's allowance as determined by the Board which he is liable to pay to any worker or to the dependants of any worker and, upon such payment, the obligations of that employer under the *Act repealed by this Act shall cease and be transferred to the Board. *See section 127 of this Act. *See section 127 of this Act. (4) Any insurer or exempted employer who has not transferred the obligations referred to in sub-section (2) or (3) to the Board in accordance with the provisions of those sub-sections shall(a) furnish to the Commissioner such information as the Commissioner may, from time to time, require in relation to the compensation paid by such insurer or exempted employer; (b) pay to the Board such amount as may be prescribed not exceeding one per centum of the compensation including medical aid paid by such insurer or exempted employer within the period of twelve months ending on(i) (ii) the 31st March, 1965; and the 31st March in every succeeding year.
*See section 127 of this Act. Any payments required to be made in terms of paragraph (b) shall be made in the case of payments referred to in sub-paragraph (i) not later than the 1st June, 1965, and in the case of payments referred to in sub-paragraph (ii) not later than the 1st June in every succeeding year:
Provided that in any particular case the Board may on good cause shown extend the time within which the aforesaid payments shall be made. (As amended by No. 22 of 1965)
100. (1) Where under the provisions of the *Act repealed by this Act a worker has become entitled to compensation from an employer who was required by the repealed Act to be insured, but who was not so insured, and from whom no or insufficient compensation has been recovered by the Commissioner, the Commissioner may, with the approval of the Minister and the Board and notwithstanding anything to the contrary contained in this Act, pay to such worker from the Fund the amount of such compensation or, where insufficient compensation has been recovered, the amount by which such compensation is deficient. *See section 127 of this Act. (2) Any sum paid by the Commissioner to a worker under the provisions of sub-section (1) shall be a debt due to the Fund by the employer of such worker and may be recovered from such employer by the Commissioner as a civil debt. (No. 22 of 1965)
Payment of compensation by Commissioner in respect of accidents arising under repealed Act
Powers of (a) with the approval of the Minister responsible for finance, borrow Board money for all or any of the purposes of this Act, or in order to meet any unforeseen contingency or expenditure incurred in connection with the administration of this Act, or to meet any liquid deficiencies in the Fund; 101. The Board may(b) with the approval of the Minister, purchase or otherwise acquire property required wholly or partly for the purposes of this Act and alienate any property so acquired, and properties so acquired shall be held in the name of the Board in trust for the Fund; (c) with the approval of the Minister responsible for finance, pledge such portion of the assets of the Board as may be necessary to provide security for loans received. 102. (1) All moneys received by the Board or by the Commissioner on Holding of behalf of the Fund shall be paid into a banking account and no money assets of Fund shall be withdrawn therefrom except by means of cheques signed by such person or persons as may be authorised by the Board in that behalf. *See section 127 of this Act. (2) A proportion of the Fund shall be held in liquid form and such proportion may be determined and varied from time to time by the
Board, having regard to the due execution of the provisions of this Act, and such liquid portion of the Fund may be held in the banking account or on deposit with banks or registered building societies or in Treasury bills of the Government. (3) The Board shall hold the remainder of the Fund in investments approved, either generally or specially, by the Minister responsible for finance. 103. (1) The Commissioner shall cause to be kept proper books of account, and other books and records in relation thereto, in which shall be recorded all the financial transactions of the Fund. (2) The accounts of the Fund shall be audited by such person as the Board, with the approval of the Minister, may appoint. (3) Such auditor as shall be appointed by the Minister responsible for finance shall at all times have the right to inspect the accounts of the Fund on behalf of that Minister. (4) The Minister shall, as soon as possible after the completion and auditing of the balance sheet and statements of the transactions of the Fund under this Act, lay copies thereof before the National Assembly. (As amended by G.N. No. 176 of 1964) Accounts and audit
PART XI ASSESSMENTS 104. (a) Every employer, other thanthe State; and Liability to assessment
(b) any employer exempted by the Minister under the provisions of section one hundred and five during the period of such exemption; shall be liable to assessment under this Part. (As amended by S.I. No. 156 of 1965)
105. (1) The Minister may, by writing under his hand, exempt from the Exemption payment of assessments for such period and subject to such conditions as he may specify, any employer who proves to the Minister's satisfaction that he has established and made provision for the maintenance of a fund for insurance against any liability which may arise under this Act in respect of all workers employed by him, and who has deposited with the Board sufficient security to meet all claims for compensation which may be due or become due under the provisions of this Act: Provided that the Minister may, after consultation with the Minister responsible for finance, dispense with the obligation of depositing such securities in the case of any body incorporated directly by any law. (2) Any employer to whom exemption was granted under the provisions of the *Act repealed by this Act, and whose exemption was in force immediately before the commencement of this Act shall be deemed to have been exempted under the provisions of sub-section (1). *See section 127 of this Act. (3) The Board may, upon the application of an employer referred to in this section, permit such employer to pay assessments in respect of his workers, and any such employer shall, from a date to be fixed by the Board, cease to be individually liable to pay compensation except in respect of accidents which occurred before such date. (As amended by No. 37 of 1969) 106. (1) Subject to the provisions of section one hundred and nine, Employers to every employer liable to assessment shall, before a date prescribed by submit the Minister in each year, or if the employer becomes liable to be information assessed after that date, within fourteen days after having become so liable, transmit to the Commissioner a statement in the prescribed form, certified by him as true, showing(a) the amount of earnings of each of his workers during the past financial year; (b) an estimate of the earnings for which he expects to become liable during the current financial year; and
(c) such other information as may be prescribed, or as the Board may require from him, in respect of his workers or their earnings: Provided that in any particular case the Commissioner may on good cause shown extend the time within which the aforesaid statement shall be transmitted to him. (2) Where an employer carries on a business in more than one place or carries on more than one class of business, the Board may require from him a separate statement in respect of each such place or class of business. (3) If in any statement submitted under the provisions of sub-section (1), the amount of earnings alleged to have been due and paid during any period is less than the amount actually due and paid, the Board may impose upon the employer who transmitted such statement, as a penalty, such proportion, not exceeding ten per centum, of the difference between the amount stated and the correct amount, as the Board may determine. *See section 127 of this Act. (4) If in any statement submitted under the provisions of paragraph (b) of sub-section (1), the estimate of earnings for which the employer expects to become liable during any period is, in the opinion of the Board, too low, the Board may direct the Commissioner to estimate the earnings for which the employer will probably become liable during that period and inform the employer of such estimate. (5) An employer who fails to comply with the provisions of this section or with any requirement of the Board under sub-section (2) shall be guilty of an offence. (6) Any employer aggrieved by the imposition of a penalty under the provisions of sub-section (3) may, within twenty-one days of such imposition or within such longer period as the Tribunal may on good cause shown allow, appeal to the Tribunal. (As amended by No. 4 of 1966)
107. (1) The Commissioner shall, as soon as practicable after receipt of Assessments on the statement referred to in section one hundred and six, assess the employers employer concerned on the basis of the rates fixed under the provisions of sub-section (2) and shall give notice to the employer of such assessment and of the date on or before which such assessment shall be paid. (2) (a) Save as is otherwise provided under this Act, the rates of assessment payable by any employer or class of employers shall be fixed from time to time by the Board in its discretion according to the estimated requirements of the Fund and to the risk and costs of compensation payable, and the Board may direct that a minimum assessment may be levied on any employer. (b) The Board shall cause notice of the rate of assessment fixed by it under paragraph (a) to be published in the Gazette. (c) Any employer who objects to the rates of assessment fixed may, within thirty days of their publication, make representations in writing to the Minister stating his objections. (d) After considering any such objections as aforesaid, the *Minister may confirm, amend or vary such rates of assessment. *See S.I. No. 222 of 1969. (3) The rates of assessment fixed in accordance with sub-section (2) shall not have effect unless and until the Minister has confirmed, amended or varied them as aforesaid and the rates of assessment as so confirmed, amended or varied have been published in the Gazette and, unless the Board otherwise specifies, shall apply to assessments in respect of earnings for the financial year in which they are so published. *See S.I. No. 222 of 1969. (4) In estimating the rates of assessment deemed to be necessary for the requirements of the Fund, the Board shall make provision for the capitalised values of pensions and other liabilities due or likely to become due in respect of accidents during the year of assessment.
(5) For the purpose of assessment, earnings shall be determined in such manner as may from time to time be prescribed. (6) When the earnings actually paid by an employer during any period have been ascertained, the assessment in respect of that period shall be adjusted accordingly. (7) If the annual assessment is less than the adjusted assessment, the employer shall pay the difference when called upon to do so, and if the annual assessment is more than the adjusted assessment, the Commissioner shall refund the difference to the employer or credit him therewith in respect of his following annual assessment. (8) If an employer has failed to transmit before the prescribed date, a statement of wages and earnings as required by section one hundred and six in respect of any period, the Commissioner may estimate the amount of wages paid or payable by such employer and earnings for which such employer will probably become liable and assess him accordingly: Provided that if it is subsequently ascertained that the amount assessed would have been greater had the employer transmitted the statement before the prescribed date, the employer shall pay to the Commissioner the difference between the amount assessed and the amount which would have been assessed had the statement been available. (9) If an employer liable to assessment who, in respect of any period, has transmitted to the Commissioner the statement referred to in sub-section (1) of section one hundred and six has not been assessed in respect of that period, he shall nevertheless be liable at any time thereafter to be assessed. (10) An employer shall pay his assessment on or before the date specified in the notice of assessment: Provided that the Commissioner may, on the application of the employer, agree to accept payment by instalments on such conditions as he may specify, and where payment is made by instalments, the instalments shall be paid at the times specified by the Commissioner.
108. (1) If, during any period, the claims and accident experience of an Assessment employer are, in the opinion of the Board, more favourable than the variations claims and accident experience of employers in his class of business, the Board may, in its discretion, award such employer as a bonus a special rebate on any assessment payable or paid by him. (2) If, during any period, the claims and accident experience of an employer are, in the opinion of the Board, less favourable than the claims and accident experience of employers in his class of business, the Board may, in its discretion, assess such employer at a higher rate than that fixed under section one hundred and seven. 109. (1) This section shall apply to every employer who employs one or Assessment of employers of more than one private domestic servant whose earnings do not in the private aggregate exceed sixty thousand kwacha a year. domestic servants whose aggregate earnings do not exceed K60,000 per annum (2) The rate of assessment payable by every employer to whom this section applies in respect of private domestic servants employed by him shall be such sum as the Minister may, after consultation with and acting on the advice of the Board, prescribe. (3) The assessment payable under this section by an employer to whom this section applies shall become due and payable by him on the 30th April in each year, or, if the employer becomes liable to assessment on a later date, within a period of not more than thirty days from such later date. (4) The provisions of sections one hundred and six, one hundred and seven and one hundred and eight shall not apply to any employer to whom this section applies in relation to any private domestic servant employed by him. (5) The Minister may, by statutory instrument, make regulations
prescribing(a) the rate of assessment payable under this section;
(b) the procedure to be followed and the form to be used in connection with the payment of such assessment. (As amended by No. 4 of 1966 and No. 27 of 1994) 110. (1) Notwithstanding anything contained in this Act, an employer individually liable shall, subject to the provisions of sub-section (2), pay annually to the Commissioner in such manner and at such time as the Commissioner may determine and notify to him, such contributions towards the expenses incurred by the Commissioner in the administration of this Act as the Board may deem equitable. (2) Any employer aggrieved by(a) (b) (c) his liability to pay contributions; the amount of contributions payable by him; or the manner or time of payment of contributions; Contributions by employers individually liable
may, within thirty days of the notification to him of the manner and time of payment, appeal to the Minister whose decision shall be final.
PART XII MISCELLANEOUS 111. (1) Every employer carrying on business in Zambia shall, within fourteen days of the commencement of this Act, or of the date on which he commences business, whichever date is the later, in the prescribed manner, furnish the Commissioner with the prescribed particulars of his business, and thereafter, within such period as may be fixed by the Commissioner, with such additional particulars as the Commissioner may from time to time require. Employers to supply particulars of business
(2) The particulars required by sub-section (1) shall be furnished separately in respect of each business conducted by the employer, and every such employer shall inform the Commissioner of any change in such particulars within fourteen days of such change. (3) The chief representative present in Zambia of any non-resident employer(a) shall, within fourteen days after the date of commencement or after the date on which such employer commences business in Zambia, whichever is the later, notify to the Commissioner in writing the following particulars: i(i) the name and address of such chief representative; and (ii) the address of the chief office or place of business of such employer in Zambia; and (b) shall, in the same manner, notify any change in such particulars within fourteen days after such change; and (c) shall, for all the purposes of this Act, be deemed to be the employer of all workers employed within Zambia by such non-resident employer. (4) For the purposes of sub-section (3), "non-resident employer" means any person who is not resident or, in the case of a company or other body of persons, whose registered office is not situate in Zambia, and who carries on any business in connection with which any worker is employed in Zambia. (5) Any person who fails to comply with the provisions of this section shall be guilty of an offence. (6) Where under the provisions of this section the Commissioner is to be furnished with, informed or notified of any particulars within a fixed time, the Commissioner in any particular case may on good cause shown extend the time so fixed. 112. (1) Every employer shall in respect of all his workers keep records Employers to
of wages paid, time worked and payment made for piece-work and keep records overtime and of any other particulars prescribed, and he shall at all reasonable times produce such records for inspection on demand by any person authorised thereto under this Act. (2) An employer who fails to comply with the provisions of sub-section (1) or who knowingly makes a false entry in such records shall be guilty of an offence. Threats and 113. Any person who by threat or in any other manner whatever compels or attempts to compel any worker to do or omit to do any act, compulsion the doing or omission of which deprives or is intended to deprive him or his dependants of any right to compensation, shall be guilty of an offence and liable to a fine not exceeding two thousand five hundred penalty units or to imprisonment for a period not exceeding six months, or to both. (As amended by Act No. 27 of 1994 and Act No. 13 of 1994) 114. Any person who, in a claim for compensation under this Act, or in False any notice, report or statement required to be given, made or furnished statements under the provisions of this Act, knowingly makes or causes to be made a statement which is false in a material particular shall be guilty of an offence. 115. (1) If an assessment or any instalment thereof is not fully paid by Failure to pay an employer at the time when it becomes payable, the defaulting assessments, employer shall be liable to pay, in addition to such assessment or etc. instalment thereof, as a penalty for his default such percentage, not exceeding ten per centum per annum, of the amount unpaid as the Commissioner may determine: Provided that the Commissioner, if satisfied that the default was due to inadvertence or to some other cause over which the employer had no control, may waive the provisions of this sub-section in whole or in part or accept payment as the Commissioner may determine. (2) Any employer who fails to pay his assessment or to render within the prescribed period the returns referred to in section one hundred and six shall, in addition to any other penalty, pay to the Commissioner a penalty, as determined by the Commissioner, not exceeding the full
amount of the compensation payable in respect of any accident to a worker in his employment during the period of such default: Provided that the Commissioner, if satisfied that the default was due to inadvertence or to some cause over which the employer had no control, or that the payment of the full amount of the capitalised value would be likely to result in the bankruptcy of such employer or, where the employer is a company, the winding-up thereof, may waive the provisions of this sub-section in whole or in part or accept payment in instalments or otherwise as the Commissioner may determine. (3) Any employer who fails to pay any assessment or any penalty imposed by, or other payment due to, the Commissioner under the provisions of this Act shall be guilty of an offence. (4) Whenever an employer fails to pay to the Commissioner any money due, the Commissioner may recover such money from such employer as a civil debt. (5) For the purposes of this section, "compensation" includes, in the case of a continuing liability, also the capitalised value, as determined by the Commissioner, of the pension (irrespective of whether a lump sum is at any time paid in lieu of the whole or a portion of such pension), periodical payment or allowance, as the case may be, which constitutes the liability. 116. (1) Compensation recovered or recoverable in respect of the death of a worker shall not form part of the deceased worker's estate for the purposes of the law relating to the administration of estates or the law relating to estate duty. (2) Where such compensation is payable by any person other than the Commissioner, it shall, unless the Commissioner otherwise directs, be paid to the Commissioner. (3) The provisions of section seventy-one shall, mutatis mutandis, apply in respect of any compensation mentioned in sub-section (1). 117. If any benefits have been paid which were not due under the Recovery of Compensation not to form part of deceased worker's estate
provisions of this Act, the Commissioner may recover the amount of benefits paid in such benefits by civil action, or by deduction from any benefits to which error the worker or any dependant has or may become entitled under this Act. 118. (1) In the event of an employer becoming bankrupt or, if the Priority of employer is a company, in the event of the company having commenced payments to be wound up, the amount of any assessment, penalty or other payment due to the Commissioner as compensation due to any worker or his dependants, by such employer(a) (b) at the date of the receiving order; or at the date of the commencement of the winding-up; Cap. 83
shall, notwithstanding anything to the contrary contained in any other law, be included in the debts which under section three of the Preferential Claims in Bankruptcy Act are in the distribution of the property of a bankrupt and in the distribution of the assets of a company being wound up to be paid in priority to all other debts. (2) When the compensation is in the form of a pension, children's allowance or periodical payment, the amount thereof shall, for the purposes of this section, be taken to be the capitalised value of such pension, allowance or payment as determined by the Commissioner. 119. Compensation shall not(a) (b) be capable of being assigned or charged; be attached by the order of any court; Compensation not to be assigned, etc.
(c) be set off against any debt by the person entitled to such compensation: Provided that the Commissioner or the employer individually liable, as the case may be, may, out of any compensation payable to a worker, recover either wholly or partly any amount which, with the approval of the Commissioner or of such employer, has, after the occurrence of the accident in respect of which such compensation is payable, been advanced to such worker subject to repayment out of such compensation. 120. Notwithstanding anything to the contrary in any law in force Stamp duty
relating to stamp duty, any affidavit, certificate, receipt or other document required or issued under any provision of this Act shall be exempt from stamp duty. 121. (1) Every insurance company licensed under sub-section (1) of section ninety-one of the *Act repealed by this Act shall, notwithstanding the repeal of the said Act, furnish to the Commissioner, in the manner prescribed and on or before a specified date, the prescribed particulars in regard to the employers insured with them immediately prior to the date of commencement, and such other matters as may be prescribed. *See section 127 of this Act. (2) Failure to comply with the provisions of this section shall constitute an offence punishable by a fine not exceeding one thousand penalty units. (As amended by Act No. 27 of 1994 and Act No.13 of 1994) Evidence 122. (1) Every record of a decision or award made by the Commissioner and every copy of or extract from an entry in any book or record kept by the Commissioner, and of any document filed with the Commissioner, purporting to be certified by the Commissioner to be a true copy or extract, shall upon production be received in any court as prima facie evidence of the matters so certified without proof of the Commissioner's signature. (2) In any proceedings under this Act, in any court, an affidavit purporting to be made by the Commissioner, or by a person to whom powers have been delegated under sub-section (3) of section thirteen, in which it is stated*See section 127 of this Act. (a) that any person or body of persons is an employer, principal, contractor, worker or dependant under this Act; or (b) that any person is or has been lawfully required under this Act to pay any amount to the Commissioner, or to a worker or other person named in such affidavit; or Insurance companies to furnish particulars of employers
(c) that any amount referred to in paragraph (b) or any portion thereof had or had not been paid on a date specified in such affidavit; or (d) that any decision has been taken by the Commissioner or by such person in pursuance of the powers so delegated to him, as the case may be; shall, on its mere production in those proceedings by any person, but subject to the provisions of sub-section (3), be prima facie proof of the facts stated therein. (3) The person presiding over the proceedings in which any document or affidavit referred to in sub-section (1) or (2) is adduced in evidence, may cause the Commissioner or other person making the affidavit, as the case may be, to be summoned to give oral evidence, or may cause written interrogatories to be submitted to him for reply and such interrogatories and any reply on oath purporting to be a reply from such person shall in like manner be admissible as evidence in such proceedings. (As amended by No. 37 of 1969) 123. The President may, by statutory instrument, make rules for the Reciprocal purpose of giving effect to any convention with a foreign state or with arrangements the government of any member of the Commonwealth providing for reciprocity in matters relating to compensation to workers for accidents causing disablement or death, and, without prejudice to the generality of such power, such rules may contain provision(a) for determining in any case where a worker is entitled to compensation both under this Act and under the law of any such country with which the convention is made, under the law of which party to the convention such worker or his dependants shall be entitled to recover compensation; (b) for conferring on the Commissioner and the Tribunal powers for the admission of evidence taken in any such country and the procuring and taking of evidence for use in any such country or otherwise for the purpose of facilitating proceedings for the recovery of compensation under the respective laws of any such country; (c) whereby compensation awarded in any such country to persons resident or becoming resident in Zambia may be transferred to and administered by the Commissioner, and whereby compensation awarded under this Act to persons resident or becoming resident in any
such country may be transferred to and administered by a competent authority in that country. (As amended by G.N. No. 176 of 1964 and S.I. No. 156 of 1965) 124. (1) Every employer, when so required by the Commissioner, shall cause to be affixed and at all times to be kept affixed in a conspicuous place at any place where his workers are employed a clearly printed summary, in such form and language as the Commissioner may require, of the procedure laid down in this Act for the recovery of compensation in the event of an accident. (2) Any employer who fails to comply with the provisions of sub-section (1) shall be guilty of an offence. 125. The Minister may, by statutory instrument, make regulations as to Regulations all or any of the following matters: (a) the procedure to be followed in connection with claims for compensation of applications under this Act; (b) the forms to be used in connection with such procedure or which may be used for any other matter dealt with by this Act; (c) the fees which may be charged by medical practitioners, dentists and technical assessors in respect of anything done under or for the purposes of this Act; (d) prescribing any matter which by this Act is required or permitted to be prescribed, not being a matter which this Act provides shall be prescribed by a specific person; and generally for the better carrying out of the objects and purposes of this Act. 126. Any person guilty of an offence under this Act in respect of which Penalty no special penalty is provided shall be liable upon conviction to a fine not exceeding one thousand penalty units or to imprisonment for a period not exceeding three months, or to both. (As amended by No. 27 of 1994 and Act No. 13 of 1994) 127. (1) The Workmen's Compensation Act, Chapter 188 of the 1961 Edition of the Laws, is hereby repealed. Repeal and saving Summary of procedure for recovery of compensation to be displayed by employer
(2) A claim for compensation in respect of(a) an accident which happened; or
(b) a scheduled disease in respect of which a death occurred or a certificate was granted under the provisions of the Act hereby repealed; before the commencement of this Act shall, except as is otherwise provided in section seven of this Act, be dealt with under the Act hereby repealed as if this Act had not been enacted, and the Commissioner appointed under the provisions of this Act shall be the Commissioner for the purpose of dealing with any such claim or with any question arising therefrom. 128. Notwithstanding anything contained in this Act, the Board may, with the approval of the Minister, enter into arrangement with the Zambia National Provident Fund Board established under section five of the Zambia National Provident Fund Act, under which any or all the functions of the Commissioner or the Board in relation to receipt and disbursement of assessment, and pension or other benefit under this Act may be carried out by the Director of the Zambia National Provident Fund Board as the agent of the Board or the Commissioner, as the case may be. (As amended by Act No. 19 of 1973). Arrangement with Zambia National Provident Fund Board Cap. 273
FIRST SCHEDULE
(Section 59) MINIMUM DEGREES OF DISABLEMENT
Injury
Minimum degree of disablement .. .. ..

.. per centum
Loss of two limbs. . .. .. .. Loss of both hands or of all fingers and thumbs Total paralysis . . .. .. ..
Injuries resulting in being bedridden permanently .. ..
Any other injury causing permanent total disablement. . Loss of remaining arm by one-armed worker. . ..
Loss of remaining leg by one-legged worker. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. Loss of arm at shoulder . . .. .. Loss of arm between elbow and shoulder .. Loss of arm at elbow .. .. Loss of arm between wrist and elbow . . .. Loss of hand at wrist .. .. Loss of four fingers and thumb of one hand Loss of four fingers .. .. .. Loss of thumb-both phalanges .. .. one phalanx .. .. .. Loss of index finger-three phalanges . . .. two phalanges .. .. .. one phalanx .. .. .. Loss of middle finger-three phalanges . . .. two phalanges .. .. .. one phalanx .. .. .. Loss of ring finger-three phalanges . . .. two phalanges .. .. .. one phalanx .. .. .. Loss of little finger-three phalanges . . .. two phalanges .. .. .. one phalanx .. .. .. Loss of metacarpals-first or second (additional) .. third, fourth or fifth (additional) .. Loss of leg-at hip joint . . .. .. below hip with stump not exceeding 13 centimetres in length below hip with stump exceeding 13 centimetres in length but not beyond middle thigh .. .. below middle thigh to 9 centimetres below knee .. below knee with stump exceeding 9 centimetres but not exceeding 13 centimetres .. .. below knee with stump exceeding 13 centimetres . . Loss of foot-result in end bearing stump. . .. above the junction of the foot with the toes .. Loss of toes-all .. .. .. great, both phalanges .. .. .. great, one phalanx .. .. other than great, if more than one toe lost each .. Loss of hearing-both ears. . .. .. one ear .. .. .. Injury to eyes: 1. Total loss of sight . . .. ..
}
.. .. .. 60 .. .. .. .. .. 10 .. .. 6 .. .. .. .. .. 4 .. .. .. .. .. .. .. .. .. 50 45 .. .. .. .. .. 50 .. ..
100
70 68 67 60 60 35 25 10 8 4 4 2 5 4 2 3 2 3 2 75 70 65 60 55
40 15 5 2 1 7 100
2. Loss of remaining eye by one-eyed worker 3. Loss of one eye, the other being normal
.. ..
.. .. ..
.. .. ..
.. .. ..
100 30 30
4. Total loss of vision of one eye, the other being normal
5. Other degrees of defective vision based on the visual defect as measured after correction with glasses: When best visual acuity is in one eye 6/6 or 6/9 6/6 or 6/9 6/6 or 6/9 6/6 or 6/9 6/12 6/18 6/18 6/18 6/18 6/18 6/18 6/24 6/24 6/24 6/24 6/24 6/36 6/36 6/36 6/36 6/60 6/60 6/60 3/60 3/60 nil
.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ..
.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ..
Other eye 6/24 6/36 6/60 3/60 nil 6/18 6/24 6/36 6/60 3/60 nil 6/24 6/36 6/60 3/60 nil 6/36 6/60 3/60 nil 6/60 3/60 nil 3/60 nil nil
.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ..
.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ..
15 20 20 20 30 15 30 40 40 40 50 30 40 50 50 70 50 60 60 70 80 80 90 80 90 100
6. For the purposes of this Schedule, a one-eyed worker means a workman who has no sight in one eye. Loss of teeth: 1-2 .. .. .. .. .. 3 .. .. .. .. .. 4-5 .. .. .. .. .. 6 .. .. .. .. .. 7 .. .. .. .. .. 8 .. .. .. .. .. Thereafter 1/4 per centum for every additional tooth up to a maximum of 10 per centum for thirty-two teeth. Total permanent loss of use of member shall be treated as loss of member.
1 11/2 21/2 3 31/2 4
The percentage of incapacity for ankylosis of any joint shall be reckoned as from 25 to 100 per centum of the incapacity for loss of the part at that joint, according to whether the joint is ankylosed in a favourable or unfavourable position. Where there is loss of two or more parts of the hand, the percentage of incapacity shall not be more than for the whole hand. Where there are two or more injuries, the sum of the percentages for such injuries may be increased, and, where such injuries are to the hand, the following basis of computing the increase shall be adopted, namely: (a) where two digits have been injured, the sum total of the percentages shall be increased by twenty per centum of such sum total; (b) where three digits have been injured, the sum total of the percentages shall be increased by thirty per centum of such sum total;
(c) where four digits have been injured, the sum total of the percentages shall be increased by forty per centum of such sum total. (As amended by No. 37 of 1969)
SECOND SCHEDULE
(Sections 2, 93 and 94) SCHEDULED DISEASES Description of Disease Poisoning by: 1. Lead or a compound of lead Description of Work Any occupation involving: The use or handling of, or exposure to the fumes, dust or vapour of, lead or a compound of lead, or a substance containing lead. The use or handling of, or exposure to the fumes, vapour of, manganese or a compound of manganese, or a substance containing manganese.
2. Manganese or a compound of dust or manganese.
3. Phosphorus or phosphine or poisoning The use or handling of, or exposure to the fumes, dust or due to the anti-cholinesterase action vapour of, phosphorus or a compound of phosphorus, or a of organic phosphorus compounds. substance containing phosphorus. 4. Arsenic or a compound of arsenic. The use or handling of, or exposure to the fumes, dust or vapour of, arsenic or a compound of arsenic, or a substance containing arsenic. 5. Mercury or a compound of mercury. The use or handling of, or exposure to the fumes, dust or vapour of, mercury or a compound of mercury, or a substance containing mercury. 6. Carbon bisulphide The use or handling of, or exposure to the fumes or vapour of, carbon bisulphide or a compound of carbon bisulphide, or a substance containing carbon bisulphide. The use or handling of, or exposure to the fumes of, or vapour containing, benzene or any of its homologues.
7. Benzene or a homologue
8. A nitro- or amino- or chloro-derivative The use or handling of, or exposure to the fumes of, or of benzene or of a homologue of vapour containing, a nitro- or amino- or chloro-derivative of benzene or poisoning by nitro- benzene or a homologue of benzene or nitrochlorbenzene. chlorbenzene.
9. Dinitrophenol or a homologue or by The use or handling of, or exposure to the fumes of, or substituted dinitrophenols or by the vapour containing, dinitrophenol or a homologue or salts of such substances. substituted dinitrophenols or the salts of such substances. 10. Tetrachlorethane 11. Tri-cresyl phosphate 12. Tri-phenyl phosphate 13. Diethylene dioxide (dioxan). 14. Methyl bromide 15. Chlorinated naphthalene The use or handling of, or exposure to the fumes of, or vapour containing, tetrachlorethane. The use or handling of, or exposure to the fumes of, or vapour containing, tri-cresylphosphate. The use or handling of, or exposure to the fumes of, or vapour containing, tri-phenyl phosphate. The use or handling of, or exposure to the fumes of, or vapour containing, di-ethylene dioxide (dioxan). The use or handling of, or exposure to the fumes of, or vapour containing, methyl bromide. The use or handling of, or exposure to the fumes of, or dust or vapour containing, chlorinated naphthalene. Exposure to nickel carbonyl gas. The use or handling of nitric acid or exposure to
16. Nickel carbonyl 17. Nitrous fumes nitrous fumes.
18. Gonioma kamassi (African boxwood). The manipulation of gonioma kamassi or any process in or incidental to the manufacture of articles therefrom. 19. Anthrax The handling of wool, hair, bristles, hides or skins or other animal products or residues, or any work in connection with animals, animal carcasses or parts of such carcasses, including the loading, unloading and transport of merchandise. Contact with equine animals or their carcasses. Work in places which are, or are liable to be, infested by rats. Work at dog kennels or the care or handling of dogs.
20. Glanders 21. (a) Infection by leptospira icterohaemorrhagiae. (b) Infection by leptospira canicola.
22. (a) Ulceration of the corneal surface of the eye. (b) Localised new growth of the skin, papillomatous or keratotic. The use or handling of, or exposure to arsenic, tar, pitch,
(c) Squamous-celled carcinoma of or any the skin, due in any case to substances. arsenic, tar, pitch, bitumen, mineral oil (including paraffin), soot or any compound, product, or residue of any of these substances.
23. Inflammation, ulceration or malignant disease of skin or subcutaneous tissues or of the bones, or blood dyscrasia, or cataract, due to electromagnetic radiations (other than radiant heat), or to ionising particles. 24. Heat cataract 25. Decompression sickness 26. Cramp of the hand or forearm due to repetitive movements. 27. Subcutaneous cellulitis of the hand (beat hand). 28. Bursitis, or subcutaneous cellulitis arising at or about the knee due to severe or prolonged external friction or pressure at or about the knee (beat knee). 29. Bursitis or subcutaneous cellulitis arising at or about the elbow due to severe or prolonged external friction or pressure at or about the elbow (beat elbow). 30. Traumatic inflammation of the tendons in the hand or forearm, or of the associated tendon sheaths. 31. Miner's nystagmus 32. Poisoning by beryllium or a compound of beryllium 33. (a) Carcinoma of the mucous membrane of the nose or associated air sinuses. (b) Primary carcinoma of a bronchus or of a lung. 34. Tuberculosis
bitumen, mineral oil (including paraffin), soot compound, product, or residue of any of these
Exposure to electro-magnetic radiations other than radiant heat, or to ionising particles.
Frequent or prolonged exposure to rays from molten or red-hot material. Subjection to compressed or rarefied air. Prolonged periods of handwriting, typing or other repetitive movements of the fingers, hand or arm. Manual labour causing severe or prolonged friction or pressure on the hand. Manual labour causing severe or prolonged external friction or pressure at or about the knee.
Manual labour causing severe or prolonged external friction or pressure at or about the elbow.
Manual labour, or frequent or repeated movements of the hand or wrist. Work in or about a mine. The use or handling of, or exposure to the fumes, dust or vapour of, beryllium or a compound of beryllium, or a substance containing beryllium. Work in a factory where nickel is produced by decomposition of a gaseous nickel compound which necessitates working in or about a building where that process or any other industrial process ancillary or incidental thereto is carried on. Close and frequent contact with a source or sources of tuberculosis infection by reason of employment(a) in the medical treatment or nursing of a person or persons suffering from tuberculosis, or in a service ancilliary to such treatment or nursing; (b) in attendance upon a person or persons suffering from tuberculosis where the need for such attendance arises by reason of physical or mental infirmity; (c) as a research worker engaged in research in connection with tuberculosis; (d) as a laboratory worker, pathologist or post mortem worker, where the occupation involves working with material which is a source of tuberculosis infection, or in an occupation ancillary to such employment. (a) Work in a building in which any of the following substances is produced for
35. Primary neoplasm of the epithelial lining of the urinary bladder
(papilloma of the bladder), or of the epithelial lining of the renal pelvis or of the epithelial lining of the ureter.
commercial purposes: (i) alpha-naphthylamine or beta-naphthy lamine; (ii) diphenyl substituted by at least one nitro or primary amino group or by at least one nitro and primary amino group; (iii) any of the substances mentioned in sub-paragraph (ii) if further ring substituted by halogeno, methyl or methoxy groups, but not by other groups; (iv) the salts of any of the substances mentioned in sub-paragraphs (i) to (iii); (v) auramine or magenta; (b) the use or handling of any of the substances mentioned in sub-paragraphs (i) to (iv) of paragraph (a), or work in a process in which any such substance is used or handled or is liberated; (c) the maintenance or cleaning of any plant or machinery used in any such process as is mentioned in paragraph (b), or the cleaning of clothing used in any such building as is mentioned in paragraph (a) if such clothing is cleaned within the works of which the building forms a part or in a laundry maintained and used solely in connection with such works. Exposure to cadmium fumes. Exposure to dust, liquid or vapour.
36. Poisoning by cadmium 37. Inflammation or ulceration of the mucous membrane of the upper respiratory passages or mouth produced by dust, liquid or vapour. 38. Non-infective dermatitis of external origin (including chrome ulceration of the skin but excluding dermatitis due to ionising particles or electro-magnetic radiations other than radiant heat). 39. Pneumoconiosis
Exposure to dust, liquid or vapour or any other external agent capable of irritating the skin (including friction or heat but excluding ionising particles or electromagnetic radiations other than radiant magnetic heat).
40. Degeneration of eyesight, due to Work carried out by locomotive enginemen employed cinders, dust, flying objects, heat, on the Zambia Railways, and the railway operated by the glare and cold. Zambesi Saw Mills (1948) Limited. (As amended by S.I. No. 206 of 1969)
41. Industrial deafness 42. Acid erosion of teeth (S.I. No. 181 of 1982)
Any description of work which is certified by a medical practitioner under section 91 of the Act. Any description of work which is certified by a medical practitioner under section 91 of the Act.
THIRD SCHEDULE
(Section 61 and 62) MONTHLY ALLOWANCES IN RESPECT OF CHILDREN Percentage of Worker's Pension In respect of one child 15 In respect of two children20 In respect of three children25 In respect of four children30 In respect of five children35 In respect of six children 40 In respect of seven children In respect of more than seven children (As amended by Act No. 27 of 1994)
45 50
FOURTH SCHEDULE
(Section 61 and 62) MONTHLY ALLOWANCES IN RESPECT OF CHILDREN Percentage of Worker's Pension In respect of one child 30 In respect of two children40 In respect of three children50 In respect of four children60 In respect of five children70 In respect of six children 80 In respect of seven children In respect of more than seven children (As amended by Act No. 27 of 1994)
90 100
SECTION 109-THE WORKERS' COMPENSATION (PRIVATE DOMESTIC SERVANTS) REGULATIONS
Regulations by the Minister after consultation with the Workers' Compensation Fund Control Board 1. These Regulations may be cited as the Workers' Compensation (Private Domestic Servants) Regulations. Title
2. The rate of assessment payable by an employer in respect of every Rate of private domestic servant employed by him shall be ten ngwee for every assessment month during which he employs such domestic servant in his private dwelling house for a period exceeding thirteen days (including Sundays and public holidays). 3. Every employer to whom section one hundred and nine of the Act applies shall pay the assessment with the domestic contribution to the Zambia National Provident Fund in accordance with the provisions of the Zambia National Provident Fund (Domestic Servants) Regulations, 1973. THE WORKERS' COMPENSATION REGULATIONS [ARRANGEMENT OF REGULATIONS] Payment of assessment Statutory Instrument. 194 of 1973
Regulation 1. 2. 3. 4. 5. 6. 7. Title Interpretation Objections Formal inquiry by Commissioner Expenses of assessors Expenses of members of Tribunal Expenses of witnesses
8. 9. 10. 11. 12. 13. 14. 15. 16. 17.
Agreements Prescribed amount of pension Report of accident by employer Register of accidents Prescribed amount of payments to Board Exemption Statement by employer Particulars of business Particulars of employers Early payment to be made
FIRST SCHEDULE-Prescribed forms SECOND SCHEDULE-Expenses of assessors THIRD SCHEDULE-Expenses of members of Tribunal SECTION 125-THE WORKERS' COMPENSATION REGULATIONS Regulations by the Minister Government Notices 182 of 1964 381 of 1964 497 of 1964 Statutory Instruments 143 of 1965 156 of 1965 230 of 1965 24 of 1970 31 of 1995 Act No. 13 of 1994 Title
1. These Regulations may be cited as the Workers' Compensation Regulations. 2. (1) In these Regulations, unless the context otherwise requires"notice" means notice in writing; "party" means any person who is a party to any proceedings under the Act, and includes a person appearing for a party; "send" means to post by prepaid registered post;
Interpretation
"sign" includes the making by a person of a mark, attested by two competent witnesses testifying that such mark was made by such person in their presence, and "signature" includes a mark so made. (2) Where in these Regulations reference is made to a particular form or forms, such reference shall be to be the form or forms contained in the First Schedule. 3. An objection, in terms of section nineteen of the Act, shall be in the Objections form and contain the information required in Form 1, and shall be deemed to have been lodged on the date of receipt by the Commissioner of the said form, duly completed in respect of every relevant item. 4. (1) Where it is proposed to hold a formal inquiry to consider and determine an objection, in accordance with the provisions of section twenty-one of the Act, the Commissioner shall ascertain the material questions in dispute, and shall reduce such questions into writing and shall fix a time and place for the holding of a formal inquiry into such questions. (2) The Commissioner shall thereupon cause a notice in the form and containing the information set out in Form 2 to be sent by prepaid registered post to the parties. Such notice shall state the material questions in dispute and the time and place fixed by the Commissioner for the holding of a formal inquiry. (3) Every party to a formal inquiry may appear in person or may be represented(a) (b) by a legal practitioner; or by a member of his family; or Formal inquiry by Commissioner
(c) by a person in the permanent and exclusive employment of such party; or (d) in the case of a worker by an officer of a trade union or of an organisation approved by the Minister or, in the case of an employer, by an officer of an employers' organisation; or
(e)
by an officer of the Labour Department; or
(f) in the case of a company, by any director, secretary or other officer thereof, and, in the case of a body corporate which is not a company, by an officer thereof; or (g) by leave of the Commissioner, by any other person.
(4) No person other than a legal practitioner shall be entitled for so appearing to recover any fee or reward except necessary out-of-pocket expenses. (5) Upon the holding of the inquiry the Commissioner shall receive any evidence presented by the parties which he deems relevant to any question which he has to determine and may call for and receive any evidence which he deems necessary. The Commissioner may receive and have regard to a report of a medical or surgical practitioner registered in the Commonwealth or in the Republic of South Africa as to the mental or physical condition of any person in respect of whom the dispute exists or the application for revision of any award or agreement has been made. (6) The Commissioner may from time to time adjourn or postpone any inquiry for such periods and for such reasons as he may think fit. (7) The Commissioner shall keep or cause to be kept a true record of any proceedings before him upon any formal inquiry and upon payment of a fee to be fixed by the Commissioner any person may at any time obtain copies of the record or any part thereof. (8) The Commissioner may appoint any person to take down in shorthand a note of oral evidence and proceedings; and such appointment may be made either generally for the purposes of all formal inquiries held by the Commissioner or specially for the purposes of any particular formal inquiry. Such person shall take an oath to the satisfaction of the Commissioner for the accurate and faithful recording of such evidence.
(9) The Commissioner shall have the power to award costs at his discretion. (10) All costs awarded by the Commissioner shall be taxed and recoverable in manner prescribed by the law or rules governing costs in civil actions in the subordinate courts of Zambia. For the purpose of the taxation of costs, the clerk of a subordinate court (Class I) shall be the Taxing Master. Any costs awarded against a worker on any issue on which he has been unsuccessful may be set off by the Commissioner or by the exempted employer, as the case may be, by order of the Commissioner, in paying any compensation awarded to that worker: Provided that if compensation is payable monthly or weekly the maximum amount that may be set off in respect of any one month or week shall not exceed one-quarter of the monthly or weekly payments due to the worker. (11) The fees and expenses payable to witnesses in connection with a formal inquiry shall be as set out in the Third Schedule to the Subordinate Courts (Civil Jurisdiction) Rules. (12) (a) The findings of the Commissioner shall be pronounced by him either immediately after the conclusion of the inquiry or as soon as is reasonably practicable thereafter at some subsequent date. (b) As soon as practicable after the conclusion of the formal inquiry the Commissioner shall send by prepaid registered post to the parties a copy of his decision and order, which shall be in the form and contain the information required in Form 3. (13) If any party does not appear at the time and place fixed for the formal inquiry, the Commissioner may in his discretion proceed with the inquiry and may determine the matters in dispute and make an order, or he may postpone or adjourn the inquiry and cause a notice to be sent by prepaid registered post to the parties notifying them of the postponement or adjournment and of the time and place he had fixed for the holding or continuing of the inquiry: Provided that, if the Commissioner has in terms of this regulation Cap. 28
determined the matters in dispute and has made an order, he may set aside the order and reopen the inquiry on good cause shown within fourteen days of the date on which the order was made and may make such further orders as he deems fit. (As amended by No. 381 of 1964 and No. 156 of 1965) 5. The remuneration, travelling and subsistence expenses payable to an Expenses of assessor appointed in terms of section twenty-six of the Act shall be in assessors accordance with the scale prescribed in the Second Schedule. 6. The remuneration, travelling and subsistence expenses payable to any person chosen as a member of the Workers' Compensation Appeal Tribunal, in terms of section twenty-seven of the Act, shall be in accordance with the scale prescribed in the Third Schedule. 7. The scale of fees and expenses payable to witnesses, in terms of section thirty-seven of the Act, shall be as set out in the Witnesses and Assessors Allowances Rules. Expenses of members of Tribunal
Expenses of witnesses Cap. 27
Agreements 8. (1) Any agreement made, in terms of sub-section (2) of section forty-five of the Act, shall be in writing and signed by the parties thereto, and shall contain the particulars set out in Form 4. (2) The employer shall submit such agreement not later than fourteen days after the making thereof, together with a registered medical practitioner's certificate containing the particulars set out in Form 5. 9. For the purposes of section sixty-nine of the Act, the prescribed amount shall be one thousand kwacha per month. (As amended by S.I. no. 31 of 1995) Prescribed amount of pension
10. A report of an accident to a worker made by an employer to the Report of Commissioner, in terms of sub-section (1) of section seventy-five of the accident by Act, shall be in the form and contain the information set out in Form 6. employer 11. The register of accidents which an employer is required to keep, in Register of terms of sub-section (4) of section seventy-five of the Act, shall contain accidents the particulars set out in Form 7.
12. The prescribed amount for the purposes of paragraph (b) of sub-section (4) of section ninety-nine of the Act to be paid by an insurer or exempted employer shall be one per centum of the compensation, including medical aid, paid by such insurer or exempted employer who has not transferred the obligations referred to in sub-section (2) or (3) of section ninety-nine to the Board within the period specified in the said paragraph (b) of sub-section (4) of section ninety-nine. (No. 230 of 1965)
Prescribed amount of payments to Board
13. (1) Every employer desiring to be exempted, in terms of section one Exemption hundred and five of the Act, from the necessity of paying assessments, shall apply to the Commissioner for a certificate of exemption. The application shall be in the form and contain the information required in Form 8. (2) Every such employer shall, before a certificate of exemption is granted to him, furnish the Commissioner with full information in regard to the fund to be established and maintained by him, in terms of sub-section (1) of section one hundred and five of the Act. (3) For a certificate of exemption, or for the renewal thereof, such employer shall pay to the Commissioner before the said certificate is issued, the sum of seventy-five fee units. (4) Every certificate of exemption shall expire on the 31st March in each and every year. (5) Should an employer not wish to renew his certificate of exemption after its expiration, he shall give notice to that effect to the Commissioner not later than three months before the date of expiration. (6) If at any time the Minister is satisfied that an exempted employer has failed to comply with any of the provisions of this regulation, he may cancel the certificate of exemption granted to such employer. (7) After an employer has ceased to be exempted from the necessity of the payment of assessments, he shall still remain liable in respect of all
obligations to his workers which have arisen, or which may arise, in respect of the period during which he was so exempt, and the amount of cash or securities deposited by him, in terms of sub-section (1) of section one hundred and five of the Act, will not be released unless in respect of reduction of liability of the employer proved to the satisfaction of the Commissioner. Any balance retained by the Commissioner will be released upon proof that all liabilities of the employer have been discharged. (8) Whenever compensation is payable by an exempted employer, in terms of sections sixty-one and sixty-two of the Act, he shall forthwith notify the Commissioner of the fact, and shall furnish him with all available information in respect of each such case and shall await his directions in regard to the payment of such compensation. (9) Every exempted employer shall transmit to the Commissioner on or before the 1st June in each year, a certified copy of his latest duly audited trading account, profit and loss account and balance sheet together with(a) a statement of pensions payable by him under the Act as required in Form 9; (b) a statement of children's allowances payable by him under the Act as required in Form 10; (c) a statement containing details of outstanding claims as at the 31st March preceding, as required in Form 11; (d) a statement in the form and containing the information required in Form 12 of wages paid during the previous twelve months ending the 31st March. (10) Every exempted employer shall transmit to the Commissioner, within thirty days after the end of each month, returns in the manner and containing the information required in Form 13, showing all claim payments made by him during such month. (11) Should an exempted employer fail to meet any claim for compensation or medical aid for which he may have become liable under the Act, the Commissioner shall have the right to withdraw from
the deposit made by such employer, in terms of sub-section (1) of section one hundred and five of the Act, sufficient money, and shall have the right to sell such securities forming part of the said deposit as will realise sufficient money, for the purpose described in this sub-regulation. (12) An exempted employer shall not be entitled to a refund of any portion of the fee paid by him under sub-regulation (3) if, in terms of the provisions of sub-regulation (6), the Minister has cancelled the certificate of exemption granted to the employer. (13) Every exempted employer shall keep all accounts and records of all payments by him in respect of workers' compensation under the Act separate from the records of his other business transactions. (As amended by Act No. 13 of 1994) 14. A statement transmitted to the Commissioner by an employer in terms of sub-section (1) of section one hundred and six of the Act shall be in the form and contain the information set out in Form 14. (As amended by No. 143 of 1965) 15. The particulars of business which an employer is required to furnish to the Commissioner, in terms of sub-section (1) of section one hundred and eleven of the Act, shall be in the form and contain the information set out in Form 15. 16. The particulars of employers required to be furnished by an insurance company, in terms of sub-section (1) of section one hundred and twenty-one of the Act, shall be in the form and contain the information set out in Form 16. Particulars of business Statement by employer
Particulars of employers
17. (1) All moneys payable under the Act to any person shall be paid as Early payment soon as possible after the date on which they become payable. to be made (2) If the Commissioner, or the employer individually liable, as the case may be, is unable to trace the payee, and any such moneys accordingly remain unpaid after the expiration of twelve months of the date on which they became payable, the following procedure shall be adopted:
(a) Details of all such amounts payable to persons other than persons from outside Zambia shall be notified in the Gazette and in a local newspaper by the Commissioner, both in respect of moneys payable from the Fund and moneys payable by employers individually liable, who shall advise and pay to the Commissioner such moneys every quarter. Such notice shall call upon any person claiming payment of any such amount to lodge his claim with the Commissioner within a period of one month of the date thereof. If, at the expiration of the said period, no claim has been lodged, or if any claim has been lodged and rejected by the Commissioner, the amount shall be paid into the reserves of the Fund: Provided that if at any subsequent date a claim is lodged with the Commissioner and proved to his satisfaction he shall pay the amount of the said claim. (b) Any such unpaid moneys payable to persons from outside Zambia shall be paid to the government of the country in which such person is domiciled, or to the local representative in Zambia of such government; and any subsequent claim for payment of any such amount shall be referred to the government concerned for consideration. (As amended by No. 156 of 1965)
FIRST SCHEDULE
PRESCRIBED FORMS
FORM 1 (Section 19) (Regulation 3)

THE WORKERS' COMPENSATION ACT This objection must be lodged with the Workers' Compensation Commissioner, P.O. Box 71534, Ndola, within thirty days of the date of the Commissioner's decision. (NOTE.-"Lodged within thirty days" means that the objection must reach the Commissioner within thirty days of the date of his decision.) NOTICE OF OBJECTION Name of workman Name of employer 1. Full name and address of objector Full name and address of legal practitioner or other representative, if any 2. State whether objector is(a )the worker or (b) the employer or (c) an employer's organisation or trade union of which the person in respect of whom the decision was given, was at the relevant times a member (NOTE.-The word "Yes" should be written against (a), or (b), or (c), whichever is applicable.) 3. Quote the reference number and date of the document containing the Commissioner's decision against which the objection is lodged 4. State fully what portion of the Commissioner's decision you object to 5. Give your reasons in full for lodging the objection
6. State the relief or order which you claim, or the question which you desire to have determined
7. Any documentary evidence (or copies thereof) which you wish to submit in support of your contentions as stated in paragraph 5 should be attached and enumerated hereunder: Number (i)..................................................... (ii).................................................... (iii)................................................... (iv)................................................... Title or description of document
8. Give names and addresses of persons whom you wish to be called as witnesses to give evidence in support of your objection: Name ......................................................... ......................................................... ......................................................... ......................................................... 9. On what points briefly will they give evidence? (i)..................................................... (ii).................................................... (iii)................................................... (iv)................................................... Place.......................................................... Date .......................................................... Signature of Objector NOTE.-Where the objector is an employer individually liable, this form must be accompanied by a statement as to whether he admits his liability to pay compensation or denies such liability, and whether the admission or denial is total or partial, and if he admits or denies liability partially, a statement of the extent to which he admits or denies liability and, in the case of a denial of liability, the grounds thereof shall be stated. Address

THE WORKERS' COMPENSATION ACT NOTICE OF THE COMMISSIONER'S INTENTION TO HOLD A FORMAL INQUIRY Inquiry No. In the matter of the dispute or application between: Applicant and Respondent Date ..................................................................... To ........................................................................ of Take notice that the material questions in dispute between the parties are The Commissioner will hold a formal inquiry at (time) on the .................................. (date) in the (place) to determine the questions in dispute and you should attend at that time and place together with your witnesses, if any, as to such questions. Workers' Compensation Commissioner
FORM 3 (Regulation 4 (12) (b))

THE WORKERS' COMPENSATION ACT NOTICE OF ORDER MADE BY THE COMMISSIONER ON A FORMAL INQUIRY Inquiry No. In the matter of the dispute or application between: Applicant and .Respondent Date ..................................................................... To ........................................................................ of ............................................................................................................................... The material questions in dispute between the parties were The decision of the Commissioner on these questions is And the Commissioner orders that Workers' Compensation Commissioner
FORM 4 (Section 45) (Regulation 8 (1))

THE WORKERS' COMPENSATION ACT AGREEMENT MEMORANDUM OF AGREEMENT made and entered into between (1) (hereinafter referred to as the employer) of the one part, and (2) (hereinafter referred to as the worker) of the other part. WHEREAS both the employer and the worker declare that they are acquainted with the liabilities, rights, privileges and benefits contained and set out in the Workers' Compensation Act: AND WHEREAS the worker is specially liable to meet with an accident or if he meets with an accident, to sustain serious injury in his employment as a (3) by reason of (4) mentioned in the certificate by the registered medical practitioner annexed hereto, it is hereby agreed between the worker and the employer that in the event of the worker meeting with an accident whilst in the employ of the employer the rights of the worker or his dependants to compensation under the Workers' Compensation Act shall be limited to (5) per centum of the compensation which would otherwise be payable under the said Act. Signed at this ........................................... day of ........................... 19 ......... Witness: ........................................................................ ........................................................................ Witness: ........................................................................ ........................................................................ Worker Employer
Approved under section 45 of the Workers' Compensation Act, this day of ....................................... 19 ........ Workers' Compensation Commissioner NOTES (1) Full name of employer. (2) Full name of worker.z (3) State nature of work on which worker is engaged. (4) State "old age", "serious physical infirmity", or "previous injury", as the case may be.
(5) State percentage.

THE WORKERs' COMPENSATION ACT CERTIFICATE OF REGISTERED MEDICAL PRACTITIONER IT IS HEREBY CERTIFIED by me, pursuant to section 45 of the Workers' Compensation Act, that I have this day examined (1) and that by reason of (2)(a) (b) (c) old age (state age) ........................... serious physical infirmity (state nature of) previous injury (state nature of)
he is specially (3) liable to meet with an accident or to sustain a serious injury if employed as a I assess the degree of disability at per centum. Dated this ...................................................... day of 19 .........
Registered Medical Practitioner Address ..................................................................... .................................................................................... NOTES (1) Full name of worker. (2) Strike out words not applicable. (3) Registered medical practitioners should note that section 45 (2) of the Act has used the words "specially liable" and not merely "more liable" and regard should be had before issuing the certificate, not only to the age, serious physical infirmity or previous injury of the worker, but also to the nature of the work in which he is employed at the time.

THE WORKER'S COMPENSATION ACT
For official use Claim Number:
EMPLOYER'S REPORT OF AN ACCIDENT TO A WORKER

To be addressed to: The Workers' Compensation Commissioner P.O. Box 71534, Ndola Employer: Name under which trade or business is carried on (block capitals): ..........................................................................................................................................................................Address .................................. Worker:
Full name ...................................................................... (block capitals) Residential address ..................................................... ......................................................................................Occupation ................................................
Age
Sex
1.(a) How long has he been in your employ? (b) If not in your direct employ, give the name and address of the sub-contractor (c) Prior to this accident had he, to your knowledge, any physical defect or did he suffer from any serious disease? If so, give details. 2. Earnings: (a) Wages (excluding bonus, commission or allowances). Per Hour
(b) Normal working hours: per week or per shift (c) Monthly cost-of-living allowance (d) Monthly other allowances (specify) (e) Monthly value of free food supplied (f) Monthly value of free quarters supplied 3. (a) Has he previously received compensation for permanent disablement? (b) If so, when and by whom employed? 4. Accident: (a) Where did it occur? (State site, e.g., workshop, underground, etc.) (b) When did it occur? (c) When did the worker report it? (d) If he failed to report it on the same day, what is his explanation? (e) What was the worker doing when it occurred? (f) Describe cause, mentioning contributory factors and any part of premises, plant or machinery connected with the accident. (g) Did it result from action properly within the scope of the worker's duties? If not, please attach explanatory statement. 5. Was the accident caused by(a) deliberate violation of rules? (b) drunkenness? (c) deliberate contravention of any law made for the purpose of ensuring the safety of workers? (If reply is in the affirmative, please attach explanatory statement.) 6. Give the names and addresses of witnesses to the accident. 7. Was the accident caused by the action of a person other than the worker? If so, give his name and address 8. Has notice been received of any magisterial or other official inquiry? If accident was investigated by the Police, state name of Police Station 9. Particulars of disablement: (a) Describe the nature and extent of the injuries sustained, mentioning parts of the body, and in the case of limb, or eye, stating right or left side. (b) When did the employee cease work as a result of the accident? (c) State probable period worker will be off duty (d) Name and address of doctor attending the
worker (e) If in hospital, give name and address.
I hereby certify that, to the best of my knowledge and belief, the particulars furnished in this report are true and correct. Date. .................................................................................. ............................................................................................. ...... Employer's Signature Date received Employer's number For Official Use Only Premium checked by Claim accepted by Claim rejected by

THE WORKERS' COMPENSATION ACT EMPLOYER'S REGISTER OF ACCIDENTS TO WORKERS
Name and address of employer. ........................................................................................ .............................................................................................................................................. Residential address of worker Village/ Chief/ District/ of worker if applicable Nature of injuries received Date of reporting accident to Commissioner
Accident No.
Date of accident
Name of worker
Cause of accident
FORM 8 Regulation 13 (1))

THE WORKERS' COMPENSATION ACT APPLICATION FOR EXEMPTION IN TERMS OF SECTION 105 OF THE ACT 1. Employer's name 2. Postal address 3. Address at which workers are to be engaged 4. Nature and particulars of work, trade or business of employer. 5. NOTES (1) Salaries and wages must include the value of house rent, food, commission, etc., paid or supplied by the employer. (See section 67 of the Act.) (2) Workers shown in one class must not be shown in another class. (3) Workers whose basic rate of pay exceeds K4,800 a year must not be included. (4) This application must be accompanied by a certified copy of the last balance sheet, and of the trading, profit and loss accounts.
Classification of Worker Workers whose basic rate of pay does not exceed K4,800 a year Estimated annual wages .. For official use only
SCHEDULE
(a) (b) (c) (d) (e) (f) (g) (h) (i) (j) (k) (l) 6.
Engaged with woodworking machinery Engaged with machinery other than woodworking .. .. .. .. Not engaged with machinery .. .. Engaged with or handling explosives .. Workers whose duties involve underground work .. .. .. .. Clerical staff . . .. .. .. Salesmen (in retail shops only) . . .. Commercial travellers .. .. Drivers and wagon attendants . . .. Workers making use of aircraft ..
.. ..
Do you carry on more than one business in any one building? If so, specify . . .. .. 7. (a) Have you any machinery driven by electricity, steam, water, or any other mechanical power? If so, state particulars .. .. .. (b) Are your machinery, plant, and ways properly fenced and guarded and otherwise in good order and condition? .. .. .. .. 8. State what acids, chemicals or explosives will be used . . 9. State number of workers using motor-cycles in connection with your business .. .. .. 10. Has any company refused to accept any proposal for insurance, increased your premium on renewal, refused
.................................................................... .................................................................... ....................................................................
.................................................................... .................................................................... ....................................................................
renewal, cancelled your policy? Give full particulars .. 11. Were you insured during the last ten years? State name(s) of companies . . .. .. .. 12. Give full particulars of all accidents to your workers during the last ten years; the extent and nature of the injuries and the compensation paid in each case .. 13. State any special circumstances in connection with your business which tend to make the risk more than usually hazardous .. .. .. .. .. 14. (a) What is the amount of the fund at present? .. (b) What will be the initial amount of the fund if exemption is granted? .. .. .. (c) What amount will be added annually? . . .. (d) In what securities will the fund be invested? .. 15. (a) What amount do you consider a fair estimate of the average annual expenditure on workers compensation under the Act? . . .. .. (b) Please give full particulars of how the estimate has been arrived at .. .. .. ..
.................................................................... ....................................................................
....................................................................
.................................................................... .................................................................... .................................................................... .................................................................... ....................................................................
.................................................................... ....................................................................
I certify that the foregoing information is true and correct. Date ........................................................................................
.......................................................................... Signature of Employer
FORM 9 (Regulation 13 (9) (a))

THE WORKERS' COMPENSATION ACT
To be completed by Exempted Employers
Statement of Capitalised Value of Pensions (1) as at 31st March, 19 ........ , by Claim Name of No pensioner State whether Name of pensioner whether married, widow, widower, single, divorced If State Date pensioner Sex whether from is a male pensioner which and has a is a pension wife workman is, or will dependent or widow be, on him, of a payable give date worker of birth of wife Age of pensioner Disablement Monthly at nearest of worker (2) earnings of birthday worker on which pension is, or will be, based Gross annual pension Amount of annual pension commuted (3) Net annual pension payable
A W o
Auditor ................................................................................................................................... Date ...................................................................................................................................... Date .................................................................................. Notes
Signature .............................................................
Address .................................................................
This statement must be submitted to the Workers' Compensation Commissioner on or before the 1st June in each year. Where the pension payable has been commuted in full and paid prior to the 31st March, the pension should not be included in this return. (1) A children's allowance is not a pension and a separate statement in respect of children's allowances must be rendered on Form 10. (2) State fatal or permanent. If permanent give degree of disablement. If a permanently injured worker in receipt of a pension dies and his widow becomes the pensioner state degree of disablement of the deceased worker and the date of his death. (3) Where part of a pension has been commuted, the commuted value should not be deducted unless payment thereof was made on or before the 31st March.
FORM 10 (Regulation 13 (9) (b))

Statement of Capitalised Value of Children's Allowances as at 31st March, 19 ....... by ........................................................................................................................... Annual amount of allowance Claim Name of State Disable-ment Amount of State whether Date from Names Dates Age of Nearest Applic-able to Tota pay No. Worker in whether of Worker (1) monthly allowance which of child of birth child, number of each child for a respect of married, pension on is payable in allow-ance or of nearest years child whom widow, which accordance is, or will children children birthday allowance of s children's widower allow-ance with Third or be, has to run. wor allow-ance or is Fourth payable Annuity is payable divorced based Schedule to value Act (each child)
Auditor ..................................................................................................................................................... ..................................................................................................................................................Signature Date ........................................................................................................................................................ ................................................................................................................................................................. Date................................................................................................. Notes This statement must be submitted to the Workers' Compensation Commissioner on or before the 1st June in each year. (1) State if fatal or permanent. If permanent give degree of disablement. If a permanently injured worker in receipt of a pension dies and his children are in receipt of an allowance state, in addition to the degree of permanent disablement, the date on which the workman died. Address
FORM 11 (Regulation 13 (9) (c))

Statement of Outstanding Claims as at 31st March, 19...... To be completed in duplicate and forwarded to reach the Workers' Compensation Commissioner on or before the 1st June in each year. Name and Address of Exempted Employer .............................................................................................................................................................. Injured or deceased worker Accident Dependants (3) Name Age (1) Occupation Earnings (2) Date
Details (medical Name Relationship to Date of birth Periodical Lump sum Capitalised certificates must be pension workman payments encloed showing nature and extent of injuries, probable result of accident, estimated cost of medical aid and estimated duration of disablement)
Total
..
I certify that the foregoing particulars are true and correct: foregoing information it is considered that an amount of K Date ............................ Signature of Employer ................................................................................ required in respect of outstanding claims. (1) If exact age not known, state estimated age. (2) Specify weekly or monthly earnings and, if food and/or quarters are supplied, the value must be included. (3) To be completed only in respect of workers fatally injured or permanently disabled.
From the is
FORM 12 (Regulation 13 (9) (d))

THE WORKERS' COMPENSATION ACT ANNUAL RETURN OF WAGES PAID BY EXEMPTED EMPLOYERS
To be completed by Exempted EmployersForm 12 Exemption Certificate No. .....................................
Name, Address and Business of Employer ................................................................................................................................................................ Notes-(1) Wages and salaries must include the full value of rent, food, etc., paid or supplied by the employer. (2) This statement, duly completed in duplicate, must reach the Workers' Compensation Commissioner on or before the 1st June in each year.
(1) Classification of workers
Number of workers
Wage end in res basi exce
Engaged with woodworking machinery . . .. .. .. Engaged with machinery other than woodworking . . .. .. Not engaged with machinery .. .. .. .. Engaged with handling explosives .. .. .. .. Workers whose duties involve underground work . . .. .. Clerical staff .. .. .. .. .. .. Salesmen (in retail shops only) .. .. .. .. Commercial travellers .. .. .. .. .. Drivers and wagon attendants .. .. .. .. Amount paid to contractors (2) as wages of workers (see section 10 of the Act) .. .. .. .. .. .. .. .. (k) Workers making use of aircraft .. .. .. .. Workers not included in the above (specify): (l), (m), (n) .. .. .. .. .. .. .. Totals .. .. .. .. .. .. .. ..
(a) (b) (c) (d) (e) (f) (g) (h) (i) (j)
.. .. .. .. ..
(1) The number of workers and wages paid in respect of the same class of work must not appear under more than one heading. (2) If liability for work of contractors has been assumed, then item (j) must be completed, if not, please complete the following particulars: Name of contractor ............................................................................................................................................... Address ................................................................................................................................................................. Nature of work performed and period ...................................................................................................................
Amount of licence fee payabl Licence . . .. .......................... on K ...................... Total ..
.................................................................................................................................. ..................................................................................................................................
Amount paid to contractor...................................................................................................................................... ...............................................................................................................................................................................
Wo Date
Date. ............................................................ of Employer .......................... Remarks Date ............................................................. of Auditor ............................................................
Certified correct ......................................................... ....................................................................................
Signature Signature

Name and Address of Employer ................................................................................................................................................................................ Return of Claim Payments in Respect of Worker During the Month of ........................................... , 19 ......... Particulars of workers Claim Name Occupation Age Sex Married S (2) No. (1) or single
Date ........................................................................................................................................................
Signature ..........................................
(1) Claims under which payments have been shown in previous returns should be prefixed by the letter "A" before the claim number, and the month stated in which the first payment under the claim was made. (2) State whether settlement has been arrived at by Agreement (A), Commissioner (C), or determined by Workers' Compensation Appeal Tribunal (T).
(3) State briefly cause of accident or cause of death naming the object which was the immediate cause of the accident. For example: "Struck by fall of rock", "Run over by cocopan", "Buried by fall of earth", "Slipped and fell from scaffolding", "Spanner slipped", "Splashed by copper", etc. (4) Nature and location of injury should be described briefly in such terms as will convey full information, using such phrases as amputation, burns, scalds, cuts, lacerations, strain, sprain, fractures, etc. The exact location must be indicated and in cases of all injuries to a member whether it is right or left member. For example: "Fracture of tibia right leg", "Right arm amputated between wrist and elbow", "Amputation two phalanges right index finger and one phalanx middle finger left hand", "Foreign body left eye", "Loss of use of right arm", etc. (5) State whether fatal, giving date of death; whether permanent, giving percentage of disablement; or total or partial, giving period of disablement. (6) State site, e.g., workshop, yard, track, etc. (7) Earnings means salaries, wages, commissions, cost-of-living allowances and other payments, including overtime if of a constant character or for work habitually performed, and must also include the value of food and quarters provided. (8) This column is to be used to record payments in respect of transportation of injured workers, constant attendance (section 70), etc., and an appropriate suffix should be added to indicate the nature of the payment, i.e., Transport (T); Burial Expenses (B); Constant Attendance (C); etc. The above statement, duly completed, must reach the Workers' Compensation Commissioner not later than thirty days after the last day of the month in respect of which the return is rendered.
FORM 14 (Section 106 (1)) (Regulation 14)

THE WORKERS' COMPENSATION ACT ESTATE AND STATEMENT OF EARNINGS OF WORKERS
This form must be completed and returned to the Workers' Compensation Commissioner, P.O. Box 71534, Ndola, not later than 19 ........, or within fourteen days of the commencement of business, whichever date is the later.
1.
2.
3.
Separate Forms Must be used for Each Class of Business Carried on by Employer Is your name and address correctly shown above? If so, simply state "Yes"; if not, insert correct name and postal address in block capitals. State names and addresses of all branches, etc., covered by this return. If insufficient space, please answer fully on separate sheet .. Has there been any change in the nature of your trade or in the type of work in which your workers are employed since you completed and returned Form 15 ("Particulars of Business")? If so, please detail; if not, simply state "No".
Estimate of Earnings Give an estimate to the nearest K of the total earnings which you expect to pay during the financial year 1st April, 19 ......... to 31st March, 19 ......... in respect of workers (male and female) whose basic rate of pay does not exceed K ......... per annum. (For definition of "earnings", see section 2 of the Act.) Average number of workers likely to be employed per month . . .. .. .. .. Average number of workers likely to be supplied with food and quarters per month. . .. .. Total earnings of all workers during the year, excluding food and quarters Total cash value of food to be supplied by the employer to all workers during the year . . Total cash value of quarters to be supplied by employer to all workers during the year . . Total Earnings for Assessment
4.
Average number of workers employed . . .. .. Average number of workers supplied with food and/or quarters Total earnings of all workers, excluding food and quarters .. Total cash value of food supplied by employer to all workers . . Total cash value of quarters supplied by employer to all workers
.. .. .. .. ..
.. .. .. .. ..
.. .. .. .. ..
3. Is your name and address correctly shown overleaf? If so, simply state "YES"; if not, insert correct name and postal address in BLOCK CAPITALS. 4. State names and addresses of all branches, etc., covered by this return. If insufficient space, please answer fully on separate sheet.
5. State the precise nature of your trade, work, business or profession.
Notes:
(1) Earnings means salaries, wages, commissions, cost-of-living allowances and other payments (including overtime) if of a constant paid during the financial year. (See section 67 of the Act.) (2) All earnings paid or to be paid by sub-contractors not otherwise registered as employers with the Workers' Compensation Comm (3) Intermittent overtime and sums paid or to be paid under any Provident Fund, or by way of pension, are not to be included.
I hereby certify that to the best of my knowledge all particulars in this return are true, correct and complete, and that the estimates are fair and reasonable. Date ...............................................................................................
Signa
(No. 24 of 1970)

THE WORKERS' COMPENSATION ACT Financial Year ................................... PARTICULARS OF BUSINESS
This form must be completed and returned, not later than ..................................................................................................., or within fourteen days of the commencement of business, whichever date is the later, to the Workers' Compensation Commissioner, P.O. Box 71534, Ndola. SEPARATE FORMS MUST BE USED FOR EACH CLASS OF BUSINESS CARRIED ON BY EMPLOYER Note.-Replies to Questions 9 and 10 must give full details of all activities carried on, as this information determines the premium rating. 1. Employer's name (in full) (block capitals) .. 2. Employer's postal address and telephone number 3. Employer's business (street) address .. 4. Name under which business is carried on (block capitals) .. .. .. .. 5. Names of partners (if any) (block capitals) .. 6. Registered name of company (limited liability companies only) .. .. .. 7. State whether business commenced before 1st April, 1964 .. .. .. .. Yes/No 8. If business commenced on or after 1st April, 1964, state date on which business commenced 9. State the precise nature of your trade, work, business or profession....................................................................................
........................................................................................................................................... ........................................................................................................................................... ........................................................................................................................................... ...........................................................................................................................................

10. Give a general description of the various types of work in which your workers will be engaged (e.g., commercial travellers and warehousing; workshop and sales; soft goods only; machinery sales, installation and repairs)
......................................................................................................................................... .........................................................................................................................................
11. What type of business licence do you hold? 12
.........................................................................................................................................
State the names of all branches covered by this return, the nature of business of each branch and the town or suburb in which branch is situated. (Note.-Subsidiary limited liability companies must be registered on a separate form.)
......................................................................................................................................... ...........................................................................................................................................
13. Have you previously been insured against Workers' Compensation risks? If so, state: (a) under what name .................................................................................................................................................... (b) name of insurance company ................................................................................................................................... 14. I hereby certify that, to the best of my knowledge, all particulars in this return are true. Date ................................................................................... ........................................................................................... Signature of employer or his duly authorised agent (No. 381 of 964)
(Section 121) (Regulation 16)

THE WORKERS' COMPENSATION ACT be completed by Insurance Companies PARTICULARS OF EMPLOYERS
Policy No. ..............................................
Employer's name .......................................................................................................................................................................................................
Employer's postal address ........................................................................................................................................................................................
Classification and Code No. of trade or business carried on by Employer ................................................................................................................
.........................................................................................................................................................................
Remuneration A. If Wages Declaration Available Earnings exclusive of Value of food and food and quarters for quarters supplied by period 1st April, 1962, employer for period 1st to 31st March, 1963. April, 1962, to 31st (See Note 1) March, 1963 (See Note 2)
Workers employed in such trade or business whose basic rate of pay does not exceed K4,800 (male or female) Workers . . ..
Number employed
B. Estimated earn clusive of food a quarters for per from ................ to .................... (See Note 3)
.. .. .. K K
Earned premium if wages declaration available
If no wages declaration available, premium paid on estimated earnings In each case, please state exact period covered by premium paid.
Note-1. If earnings declared do not cover period 1st April, 1962, to 31st March, 1963, please state period to which earnings declared relate. 2. If value of food and quarters supplied have been included in earnings, please so state. 3. Please state period covered by estimated earnings and amount of earnings. 4. If value of food and quarters supplied have been included in estimated earnings, please so state.
SECOND SCHEDULE
(Regulation 5) EXPENSES OF ASSESSORS Any person appointed as an assessor, in terms of sub-section (1) of section 26 of the Act, shall, whilst engaged in any sitting or work of a formal inquiry, under the provisions of section 21 of the Act, be paid out of the Fund remuneration and reasonable expenses for travelling and subsistence in accordance with the following tariff: (a) (b) For every day or part thereof: K8.40 per day. The cost of his air or train fare.
(c) For each mile of any journey by motor transport, provided that the journey could not conveniently be undertaken by train or air: 15n per mile. (d) day. For each day he is absent from his town of residence and incurs expense: K8.00 per
THIRD SCHEDULE
(Regulation 6) EXPENSES OF MEMBERS OF TRIBUNAL Any person chosen as a member of the Workers' Compensation Appeal Tribunal shall, whilst engaged in any sitting or any work of the Tribunal, receive from moneys appropriated by Parliament, remuneration and reasonable expenses for travelling and subsistence in accordance with the following tariff: (a) (b) For every day or part thereof: K20.00 per day. The cost of his air or train fare.
(c) For each mile of any journey by motor transport, provided that the journey could not conveniently be undertaken by train or air: 15n per mile. (d) day. For each day he is absent from his town of residence and incurs expense: K8.00 per
(As amended by No. 156 of 1965)
NOTICE AND RULES MADE UNDER THE WORKERS' Government COMPENSATION ACT Notice (Section 15 of the Interpretation and General 194 of 1961 Provisions Act) Exemption The Railways in Zambia have been exempted from the operation of *section ninety in Part VII of the Workers' Compensation Act. *See sections 104 and 105 of the Act. THE WORKERS' COMPENSATION RECIPROCAL ARRANGEMENTS (ZIMBABWE) RULES Government Notices 183 of 1957 497 of 1964 Statutory Instrument 156 of 1965
1. These Rules may be cited as the Workers' Compensation Reciprocal Title Arrangements (Zimbabwe) Rules. 2. In these Rules, unless the context otherwise requiresInterpretation
"Zimbabwean worker" means a worker ordinarily resident in Zimbabwe "Zambian worker" means a worker ordinarily resident in Zambia. (As amended by No. 156 of 1965) 3. In any case where a worker is entitled to compensation both under the law of Zambia and under the law of Zimbabwe, such worker or his dependants shall be entitled to recover compensation under the law of one country only. (As amended by No. 156 of 1965) 4. In the case of an employer carrying on business in Zambia whose Law of Zambia Compensation under one law only
Zambian worker is temporarily employed by such employer in Zimbabwe the law in respect of compensation applicable to such worker during the whole of any continuous period not exceeding twelve months during which he is so employed in Zimbabwe shall be the law of Zambia. If the employment in Zimbabwe continues after such period of twelve months, the law applicable after such period shall be the law of Zimbabwe (As amended by No. 156 of 1965) 5. In the case of an employer carrying on business in Zimbabwe whose Zimbabwean worker is temporarily employed by such employer in Zambia, the law in respect of compensation applicable to such worker during the whole of any continuous period not exceeding twelve months during which he is so employed in Zambia shall be the law of Zimbabwe. If the employment in Zambia continues after such period of twelve months, the law applicable after such period shall be the law of Zambia. (As amended by No. 156 of 1965)
to apply to Zambian worker temporarily in Zimbabwe
Zimbabwe law to apply to Zimbabwean workers temporarily in Zambia
6. In the case of an employer who ordinarily carries on business both in Rules where Zambia and in Zimbabwe and who transfers a worker temporarily from employer carries on the one country to the other, the following provisions shall apply: (a) in the case of a worker temporarily transferred from Zambia to business in both countries Zimbabwe, the law in respect of compensation applicable to such worker during the whole of any continuous period not exceeding twelve months during which he is so employed in Zimbabwe shall be the law of Zambia. If the employment in Zimbabwe continues after such period of twelve months, the law applicable after such period shall be the law of Zimbabwe. (b) in the case of a worker temporarily transferred from Zimbabwe to Zambia, the law in respect of compensation applicable to such worker during the whole of any continuous period not exceeding twelve months during which he is so employed in Zambia shall be the law of Zimbabwe. If the employment in Zambia continues after such period of twelve months, the law applicable after such period shall be the law of Zambia. For the purposes of this rule, a worker shall not be considered to have been temporarily transferred but shall be considered to have been permanently transferred if, in the opinion of the Workers' Compensation Commissioner in Zambia or in Zimbabwe as the case may be, the transfer is made in accordance with the ordinary terms of the employment from a branch of the employer's business in the one country
to a branch of the employer's business in the other country. (As amended by No. 156 of 1965) 7. In any proceedings for the recovery of compensation the High Court Admission of or the magistrate or the Commissioner, as the case may be, may admit evidence in evidence taken in Zimbabwe before a magistrate in regard to any matter High Court relating to compensation if such evidence is taken on oath and is certified by such magistrate as having been duly taken by him. Nothing in this rule contained shall be deemed to prevent the High Court or a magistrate from ordering the taking of evidence in any manner provided under any other law. 8. (1) A magistrate or the Commissioner, as the case may be, shall have the power to procure and take evidence for use in Zimbabwe or otherwise for the purpose of facilitating proceedings for the recovery of compensation under the laws of Zimbabwe. Obtaining evidence from witnesses for use in Zimbabwe
(2) Whenever such evidence is required from a witness who resides or Cap. 28 then is in Zambia and it is certified by the High Court or a Magistrate's Court of Zimbabwe to the Commissioner or, as the case may be, to the magistrate of the district in which such witness resides or then is, that the evidence of such witness is required for use in Zimbabwe for the purpose of facilitating proceedings for the recovery of compensation under the laws of Zimbabwe, and that interrogatories to be put to such witness have been duly framed, it shall be the duty of the Commissioner or, as the case may be, the magistrate of the district in which such witness resides or then is, upon the receipt of such interrogatories together with the reasonable expenses of such witness in accordance with the rates prescribed under the Subordinate Courts Act, to summon such witness to appear before him and upon the appearance of such witness to take his evidence as though such witness were a witness in an application under the Act, and to put to such witness the interrogatories aforesaid and all other questions calculated to obtain full and true answers to such interrogatories, and to take down or cause to be taken down in writing the evidence of such witness and to transmit the same certified as having been duly taken to the High Court or Magistrate's Court, as the case may be, in Zimbabwe. (As amended by No. 156 of 1965) 9. (1) Compensation awarded in Zimbabwe to any person resident or Compensation
becoming resident in Zambia may be transferred to and administered by may be the Commissioner. transferred (2) Compensation awarded under the Act to any person resident or becoming resident in Zimbabwe may be transferred to and administered by the Workers' Compensation Commissioner of Zimbabwe. (3) Where the Commissioner to whom compensation has been transferred in terms of sub-rule (1) is unable for any reason to pay such compensation to the person to whom it has been awarded within a period of twelve months from the date on which it was so transferred, then in such event the Commissioner shall refund such compensation to the Workers' Compensation Commissioner in Zimbabwe. (As amended by No. 156 of 1965) 10. The obligation in regard to insurance imposed upon employers in regard to the workers to whom the provisions of rules 3, 4 and 5 apply, shall be determined by the law which is applicable to such workers by virtue of the provisions of the said rules. SECTIONS 59, 125-THE WORKERS' COMPENSATION (LUMP SUM COMPENSATION CALCULATION BASIS) ORDER Obligation to insure under the respective laws Statutory Instrument 146 of 1977
1. This Order may be cited as the Workers' Compensation (Lump Sum Title Compensation Calculation Basis) Order. 2. Where a worker suffers permanent disablement but the degree of disablement does not exceed ten per centum, the basis upon which the lump sum compensation payable to such worker shall be calculated shall be such proportion of the capitalised value as determined by the Commissioner of the pension and children's allowances which would have been payable had the worker suffered permanent disablement to a degree of one hundred per centum as the percentage of his permanent disablement bears to one hundred per centum. SECTIONS 125 AND 107(5)-THE WORKERS' COMPENSATION (ASSESSMENT OF EARNINGS) REGULATIONS Basis of calculation of lump sum in certain cases
Statutory Instrument 121 of
Regulations by the Minister 1. These Regulations may be cited as the Workers' Compensation (Assessment of Earnings) Regulations.
1992 Title
2. The Commissioner shall not assess an employer for any earnings in Earnings in excess of K1,200,000 per annum of any worker in respect of the period excess of to which the statement submitted under section one hundred and six K1,200,000 relate. 3. (a) (b) (c) (d) The earnings for assessment purposes shall includeworker's annual basic wages or salary up to K1,200,000; overtime payments; shift differential payment; leave pay if not included in (a) above; Earnings for assessment
(e) payment made to casual workers employed in connection with employer's nature of business; and (f) add 12.5 per centum to the total of items (a) to (e) to cover food and quarters. 4. The Workers' Compensation (Assessment of Earnings) Regulations, Revocation of 1994, are hereby revoked. S.I. No. 39 of 1994 CHAPTER 272 THE PUBLIC HOLIDAYS ACT
Section 1. 2. 3. Short title Days in the Schedule to be public holidays Power to declare additional public holidays
SCHEDULE-Public holidays
CHAPTER 272
PUBLIC HOLIDAYS
Acts No. 14 of 1964 An Act to make provision for public holidays; and to provide for matters 59 of1965 incidental to or connected with the foregoing. 23 of1967 50 of1967 [26th March, 1964] 33 of1968 14 of1975 12 of 1983 23 of1987 Government Notice 497 of 1964 1. This Act may be cited as the Public Holidays Act. Short title Days in the Schedule to be public holidays
2. (1) The days mentioned in the Schedule shall be observed throughout Zambia as public holidays.
(2) Whenever any of the days mentioned in the Schedule falls on a Sunday, the following Monday shall be observed as a public holiday. (3) Repealed by Act No. 14 of 1975. 3. The Minister shall have power, by statutory notice, from time to time to declare that any day or days shall be observed in Zambia as public holidays in addition to the days mentioned in the Schedule, and any day set apart by virtue of such notice as a public holiday shall be so observed throughout Zambia. SCHEDULE (Section 2) PUBLIC HOLIDAYS (a) New Year's Day Power to declare additional public holidays
(b) (c) (d) (e) (f) (g) (h) (i) (j) (k)
Youth Day (12th March) Good Friday Holy Saturday Lbour Day (1st May) African Freedom Day (25th May) Heroes Day (First Monday in July) Unity Day (Tuesday following Heroes Day) Farmers Day (First Monday in August) Independence Day (24th October) Christmas Day (As amended by Act No. 23 of 1987)
CHAPTER 273 THE ZAMBIA NATIONAL PROVIDENT FUND ACT

PART I PRELIMINARY Section 1. 2. 3. Short title Interpretation National registration particulars
PART II ZAMBIA NATIONAL PROVIDENT FUND 4. 5. 5A. 6. 7. Zambia National Provident Fund established Establishment of the Board Guaranteeing Locus The Director Deputy to the Director
8. Arrangements with persons responsible for any savings, social security or pension scheme
9.
Inspectors
PART III CONTRIBUTING EMPLOYEES 10. 11. 12. 13. 14. EMPLOYERS AND ELIGIBLE
Registration of employers Eligible employees by Order of the President Religious organisations Contributing employers to remain contributing employers Eligible employees
15. Registered employers to notify the Director of all eligible employees PART IV CONTRIBUTIONS AND PAYMENTS TO THE FUND Section 16. 16A. 17. 17A. 18. 19. 20. 21. 22. 23. 24. Statutory contributions Minister to prescribe statutory contributions Special contributions Domestic contribution Employee's share Supplementary contributions by employers Capital sum payment by employer Member contributing on his own behalf Recovery of contributions from employers and penalty Members' accounts Protection of Members' accounts
PART V DOMESTIC SERVANTS 24A. 24B. Registration of domestic servants Membership Card
24C. 24D. 24E. 24F.
Payments of domestic contribution Employee's share Employee's share of domestic contributions Voluntary registration of employee
PART VI BENEFIT 25. 26. 27. 28. 29. 30. 30A. Amount of benefit Actuarial reports on Fund and method of payment of benefit Benefit payable on age qualification Benefit payable on death Benefit payable on disability Benefit payable on emigration Benefits payable for home ownership
PART VII FINANCIAL Section 31. 32. 33. 34. 35. 36. Accounts and audit Investment Committee Investment of moneys Reserve Account Interest on accounts Refund of excess contributions
PART VIII LEGAL 37. 38. 38A. 39. Criminal proceedings Institution of legal proceedings Priority of payments Protection of contributions
40.
Certificates as evidence
PART IX MISCELLANEOUS 41. 41A. 42. 43. 44. 45. 46. Existing schemes Accounts for Workers Compensation Fund Control Board Repealed by Act No. 17 of 1994 Prohibition against misuse of information received Regulations Reciprocal agreements Act to bind the Republic
FIRST SCHEDULE-The Zambia National Provident Fund Board SECOND SCHEDULE-Employees who are not eligible employees
CHAPTER 273
ZAMBIA NATIONAL PROVIDENT FUND
Acts No. 1 of 1966 An Act to establish a National Provident Fund and to provide for its 51 of 1967 administration and for the payment of contributions into and benefit out 30 of 1968 of the Fund; and to provide for matters incidental thereto and connected 15 of 1969 therewith. 19 of 1973 29 of 1975 [10th Janaury, 1966] 21 of 1979 13 of 1994 17 of 1994 Statutory Instrument 233 of 1966 337 of 1967 PART I PRELIMINARY
1.
This Act may be cited as the Zambia National Provident Fund Act. Short title Interpretation
2. (1) In this Act, unless the context otherwise requires"annuitant" means a person who is in receipt of an annuity; "annuity" means a fixed sum of money payable by monthly instalments in arrear on such conditions as may be specified in the annuity agreement with the Director; "benefit" means benefit payable under this Act; "Board" means the Zambia National Provident Fund Board established under section five; "casual employee" at any time means an employee other than a domestic servant engaged on a daily contract of service who at that time has been employed by his employer for a continuous period of less than one month: Provided that the continuity of the employee's period of service shall not be deemed to have been broken by reason only that the employee was not employed on Sundays, public holidays or not more than five other days during the period of one month; "contributing employer" means an employer who has become a contributing employer by virtue of the provisions of section ten, eleven or twelve; "contribution" includes statutory contribution, domestic contribution, special contribution and supplementary contribution; "contribution period" means, where wages are paid to an employee(a) at intervals of more than a fortnight, the month during which wages are paid; or (b) at intervals of more than a week but not more than a fortnight, the fortnight ending with the last day of the week in which wages are paid; or (c) at intervals of a week or less, the week in which wages are paid; "dependant" means one of the family of a Member who was wholly or in part dependent upon the earnings of that Member at the time of the Member's death or would, but for the illness of the Member, have been so dependent: Provided that a person shall not be deemed to be in part dependent upon
the earnings of another person unless he was dependent partially on assistance from that other person for the provision of the ordinary necessities of life suitable for persons of his station; "Director" means the Director of the Fund appointed under section six; "domestic contribution" means the contribution payable under section seventeen A; "domestic servant" means an employee gainfully employed in domestic duties in or about his employer's dwelling house, other than for the purpose of the employer's trade or business; "eligible employee" means an eligible employee in terms of section eleven, fourteen, seventeen A or twenty-four F "employee" means any person who(a) is employed in Zambia under any contract of service or of apprenticeship with an employer, whether the contract is expressed or implied, is oral or in writing, and whether employed by way of manual labour, clerical work or otherwise; or (b) is ordinarily resident in Zambia and is employed outside Zambia under any such contract of service with an employer in Zambia by whom he is paid; "employee's share" means the amount so designated by statutory order of the Minister; "employer" means, subject to the provisions of sub-section (2), the person with whom an employee has entered into a contract of service or of apprenticeship and who is responsible for the payment of the wages of the employee; "Fund" means the Zambia National Provident Fund; "Investment Committee" means the Zambia National Provident Fund Investment Committee; "Member" means a person eligible for registration as a Member of the Fund or for whom the Director is required to maintain an account in the Fund "minor child" means a person who has not yet attained the age of twenty-one years; "one of the family" means(a) when used in relation to a person not generally subject to customary law, the wife, husband, father, mother, grandfather, grandmother, stepfather, stepmother, child, grandchild, brother, sister, half-brother or half-sister of such person; and (b) when used in relation to a person generally subject to customary
law, any one of such persons as are recognised under customary law as comprising his family; "paid" means paid in money or money's worth and, where it has reference to a date of payment, means the date on which the payment was made in cash or, as the case may be, the bill of exchange or promissory note was met; "Reserve Account" means the Reserve Account of the Fund; "special contribution" means the special contribution payable under section seventeen; "statutory contribution", in relation to any employee, means the amount so designated by statutory order of the Minister; "supplementary contribution" is the supplementary contribution payable under section nineteen; "wages" means remuneration in money paid to an employee under his contract of service or apprenticeship, as the case may be, and whether agreed to be paid at fixed or determinable intervals of time(a) in respect of normal periods of work performed by the employee; or (b) where payment is calculated in relation to set tasks, in respect of the number of tasks completed by the employee; or (c) where payment is calculated in relation to the volume of work done, in respect of the volume completed by the employee; and includes any allowance paid by the employer to the employee, either directly or by implication, in respect of the cost of living and any payment of wages in lieu of notice of termination of employment. (2) Where a person enters into a contract whereby some other person is to provide employees for any lawful purpose of the first-mentioned person and it is not clear from the contract which of the two persons is the employer, then, unless the Board otherwise requires, the first-mentioned person shall be deemed, for the purpose of this Act, to be the employer of those employees. (As amended by Act No. 51 of 1967 and 19 of 1973 and 29 of 1975) 3. For the purposes of this ActNational registration (a) the date of birth of any person registered under the National particulars. Registration Act shall be determined by reference to his particulars recorded under that Act and, where no date of birth has been so recorded Cap. 126 in respect of the said person, he shall, in the absence of evidence to the
contrary, be deemed to have been born on the first day of the apparent month of birth so recorded, or on the 1st January in the apparent year of birth so recorded, as the case may be; and (b) a national registration card issued in accordance with the provisions of the National Registration Act shall, in the absence of evidence to the contrary, be accepted as proof of the correctness of the particulars recorded thereon. Cap. 126
PART II ZAMBIA NATIONAL PROVIDENT FUND 4. (1) There is hereby established the Zambia National Provident Fund Zambia into which shall be paid all contributions and other moneys required or National Provident Fund permitted by or under this Act to be so paid. established (2) There may from time to time be paid out of the Fund such benefits and other payments, including payments in respect of the expenses of administration, as are authorised by or under this Act. 5. (1) There is hereby established a Board to be called the Zambia Establishment National Provident Fund Board in which the Fund shall be vested and of the Board which shall, subject to the provisions of this Act, be responsible for administering the Fund and advising the Minister on any matters in connection therewith, and the provisions of the First Schedule shall have effect as respects the constitution of the Board and its proceedings. (2) The Board shall be a body corporate with perpetual succession and a common seal and shall, in its corporate name, be capable of suing and being sued and, subject to the provisions of this Act, of purchasing or otherwise acquiring, holding, charging and alienating real or personal property, and of doing or performing such acts or things as bodies corporate may by law do or perform. (3) The Board may appoint, on such terms and conditions as it sees fit, such persons as are in its opinion necessary for the administration of the Fund.
(4) The Board shall render annual reports to the Minister; and the Minister shall, as soon as may be after the receipt of any such report, lay a copy thereof before the National Assembly: Provided that the first report to be rendered under this sub-section may cover such period ending not later than two years after the commencement of this Act as the Board, with the approval of the Minister, may determine. (As amended by Act No. 19 of 1973) 5A. The Board may guarantee loans made to employees of the Fund to Guaranteeing of assist them to acquire housing accommodation. loans (As amended by Act No 21 of 1979) 6. (1) There shall be a Director of the Fund who shall be appointed by The Director the Minister on such terms and conditions of service as may be determined by the Board and whose remuneration shall be paid from the Fund. (2) The Director shall be the chief executive officer of the Fund and shall, subject to the provisions of this Act and to the general directions of the Board, be responsible for the direction of persons appointed by the Board under this Act and for the management of the Fund and in particular(a) for the assessment of contributions and payments under this Act, for their collection, and for their payment into the Fund; (b) for the payment out of the Fund of benefits and claims under this Act and of the expenditure necessary for the administration of the Fund; (c) for the investment of surplus funds from time to time; and
(d) for accounting for all moneys received, paid out or invested under this Act. (3) The Director may, in writing and subject to the general or special
directions of the Board and such restrictions, reservations, exceptions and conditions as he may think fit, delegate to any person employed by the Board any of the powers or functions conferred upon him by or under this Act: Provided that the Director may at any time in writing vary and revoke any delegation under this section and such delegation, while in force, shall not prevent the exercise by the Director of the powers delegated. (As amended by Act No. 19 of 1973) 7. (1) The Board may at any time nominate as the deputy to the Director Deputy to the any person appointed by it for the administration of the Fund. Director (2) On the occurrence from any cause of a vacancy in the office of Director (whether by reason of death, resignation or otherwise) and in the case of illness, absence or temporary incapacity of the Director (from whatever cause arising), and so long as such vacancy, illness, absence or temporary incapacity continues, the deputy shall have and may exercise all the powers, duties and functions of the Director. (As amended by Act No. 19 of 1973) 8. The Director may, with the approval of the Board and the Minister, enter into arrangement with any person responsible for any savings, social security or pension scheme under which any of the functions of that person which are specified in the arrangement being functions in relation to the receipt and disbursement of contribution, assessment or payment due to or by that person may be carried out by the Director as the agent of that person. (As amended by Act No. 19 of 1973) 9. (1) The Board may from time to time appoint persons to be inspectors for the purposes of this Act. (2) The Board shall provide every inspector with a certificate of his appointment, and an inspector, if in the course of his duty so required by any person, shall produce the certificate to such person. (3) An inspector appointed under this Act shall for the purposes of this Inspectors Arrangement with persons responsible for any savings, social security or pension scheme
Act have power(a) at all reasonable times to enter any premises or place where he has reasonable cause to believe persons are being employed in respect of whom contributions are payable under this Act, and there to make any examination or inquiry which he considers necessary to satisfy himself that the provisions of this Act are being complied with, and in particular may interrogate, either alone or in the presence of witnesses, any employer or employee on any matter concerning the application of any of the provisions of this Act, and may question any other person from whom he considers useful information may be obtained so, however, that no one shall be required to answer any question tending to incriminate himself; and (b) to require the production for examination of any book, register, account, receipt or other document relating to contributions or to liability to register or to contribute under this Act and may copy such document or make extracts therefrom. (4) An inspector shall, on the occasion of any inspection or visit, notify the employer or his representative of his presence unless the inspection or visit is made in relation to premises not used as a private dwelling-house and it is considered by the inspector that such notification may be prejudicial to the performance of his duties for the time being.
PART III CONTRIBUTING EMPLOYEES EMPLOYERS AND ELIGIBLE
10. (1) Subject to the provisions of this Act, every employer other than Registration of an employer of a domestic servant shall within one month register under employers this section in the prescribed manner. (2) The Minister may by Statutory Order exempt any category of employers from the requirements of sub-section (1). (3) In addition to any other categories of employers which may be
exempted under sub-section (2), the Minister may exempt such categories by reference to the number of employees in the service of an employer. (4) The period of one month mentioned in sub-section (1) shall in every case begin upon the commencement of this Act or the date when the person concerned becomes an employer in respect of whom no exemption under sub-section (2) is in force, whichever is the later. (5) Upon the first day of the month following the month in which the period mentioned in sub-section (1) expires, the employer to whose registration that period relates shall be a contributing employer for the purposes of this Act: Provided that the *Minister may, for the purpose of the initial registration of any category of employers, by statutory order declare that that category of employers shall not be contributing employers until the expiry of such further period as the order may specify. * See S.I. Nos. 233 of 1966 and 337 of 1967. 11. (1) The President may, by Order, direct that any holder of a parliamentary or ministerial office under the provisions of the Ministerial and Parliamentary Offices (Emoluments) Act, and of any office constituted by him under the provisions of the Constitution, not being an office in the public service, shall, for the purposes of this Act, be deemed to be an eligible employee. (2) The President shall, in such Order, designate the person who shall be liable to make contributions to the Fund in respect of the holders of offices listed in the Order, and such person shall be deemed to be an employer for the purposes of section ten. *See S.I. Nos. 233 of 1966 and 337 of 1967. (3) Any order made by the President under the provisions of sub-section (1) shall state the date when the person appointed under the provisions of sub-section (2) becomes a contributing employer for the purposes of section ten. Eligible employees by Order of the President. Cap. 1
12. (1) A religious organisation which desires to make statutory contributions in respect of any minister of religion may apply to the Board in the prescribed manner to register under this section. (2) If the Board approves an application under sub-section (1), it shall cause the religious organisation to be registered as an employer for the purposes of this Act and shall notify the organisation of such registration. (3) A religious organisation registered under sub-section (2) shall notify the Director of the prescribed particulars of any minister of religion in respect of whom it wishes to make statutory contributions and shall become a contributing employer in relation to that minister of religion on the first day of the month following the month in which notification is made under this sub-section; and thereafter the minister of religion shall for the purposes of this Act be deemed to be an eligible employee. (As amended by Act No. 19 of 1973) 13. (1) A contributing employer who ceases to be an employer of one or more eligible employees shall thereupon cease to be a contributing employer.
Religious organisations
Contributing employers to remain contributing employers
(2) Save as in sub-section (1) provided, a contributing employer shall not cease to be a contributing employer. 14. (1) Any employee who does not belong to a categoryEligible employees
(a) (b) (2);
set out in the Second Schedule; or described in any order made by the Minister under sub-section
shall be an eligible employee and eligible to receive to the credit of an account in his name in the Fund a statutory contribution made by his employer.
(2) In addition to the categories set out in the Second Schedule, the Minister may by statutory order declare any category of employees not to be eligible employees. (3) The Minister may by statutory order declare any category of casual employees to be eligible employees and, while a casual employee belongs to that category, he shall be an eligible employee. (As amended by Act No. 19 of 1973) 15. Any employer who registers or is registered under the provisions of section ten or eleven shall without delay notify the Director, in relation to every person who is or who subsequently becomes an eligible employee in his service, of such particulars as may be prescribed. (As amended by Act No. 19 of 1973) Registered employers to notify the Director of all eligible employees
PART IV CONTRIBUTIONS AND PAYMENTS TO THE FUND 16. (1) The Minister shall, after consultation with the Minister responsible for finance, by statutory order, prescribe the level of wages on which statutory contributions to the Fund shall be payable by a contributing employer. (2) Subject to the provisions of this Part, a contributing employer shall, for every contribution period after the date when he became a contributing employer, pay into the Fund the statutory contribution in respect of each eligible employee other than domestic servant employed by him during that period: Provided that no contribution shall be paid under this section in respect of an employee who dies during the contribution period unless the employer deducts the employee's share of the contribution from the wages payable in respect of any part of such period to the estate of the deceased employee. Statutory contributions
(3) Every contribution due under this section shall be paid to the Fund within one month after the end of the month in which the last day of the relevant contribution period falls, and shall be credited to the account of the person in respect of whom it is paid. (As amended by Act No. 19 of 1973) 16A. The Minister may after consultation with the Minister responsible for finance, by statutory instrument make regulations prescribing the statutory contribution which a contributing employer shall be required to pay into the Fund for every eligible employee employed by him during any contribution period: Provided that such statutory contribution shall not exceed fifteen ngwee, and the employee's share of such contribution shall not exceed seven ngwee, for every complete kwacha of wages. (As amended by Act No. 19 of 1973) Special 17. (1) Every contributing employer other than an employer of a contributions domestic servant in a private dwelling house shall, for every month during which he employs one or more casual employees, pay into the Fund a special contribution, being fifteen ngwee for every complete two kwacha of the total wages paid to such casual employee or employees during the month: Provided that no contribution shall be payable under this section in respect of any casual employee who belongs to a category of employees declared under sub-section (3) of section fourteen to be eligible employees. (2) Each special contribution under this section shall be paid to the Fund within one month after the end of the month to which it refers, and shall be credited in full to the Reserve Account, notwithstanding that any casual employee in respect of whose employment it is paid is a Member. 17A. (1) Every employer of a domestic servant required to pay a Domestic domestic contribution under the provisions of this Act, shall, for every contribution month during which he employs such domestic servant in his private dwelling house for a period exceeding thirteen days (including Sundays and Public Holidays) pay into the Fund such domestic contribution as Minister to prescribe statutory contribution
may be prescribed by the Minister. (2) Every contribution due under this section shall be paid into the Fund within one month after the end of the month in which the last day of the relevant contribution period falls, and shall be credited to the account of the person in respect of whom it is paid. (3) A domestic contribution shall be deemed to have been paid into the Fund when a contribution stamp is purchased from a Post Office or such other place as the Director may designate and affixed to a contribution card in accordance with this section. (4) The Director shall make available, without charge, contribution cards and records of employment relating to domestic servants which shall be current for such period as he may think fit, and shall be, and shall remain, the property of the Board. (5) The Director may, with the approval of the Board and of the Minister enter into arrangements with the Minister responsible for the administration of the Postal Services Act under which domestic contribution stamps supplied by the Board shall be put on sale at Post Offices. (6) The proceeds of the sale of domestic contribution stamps shall be paid into the Fund at such intervals and in such manner as may be arranged between the Postmaster-General and the Director. (7) Every domestic contribution represented by a contribution stamp on a contribution card received by the Director shall be credited to an account in the Fund maintained under the name and membership number of the employee in respect of whom it is paid, and if no such account exists, one shall be opened by the Director in accordance with the information stated on the contribution card. (As amended by Act No. 19 of 1973) 18. (1) The Minister shall by statutory order prescribe the employee's share of any statutory contribution. Employee's share Cap. 470
(2) A contributing employer who is liable to make or who has made a statutory contribution or domestic contribution in respect of an employee may deduct the employee's share of that contribution from the wages due from him to that employee in respect of the contribution period to which that statutory contribution or domestic contribution relates, but not otherwise. (3) Where an employer deducts the employee's share of a statutory contribution or domestic contribution from an employee's wages under this section in advance of the payment of that contribution to the Fund, the employer shall, until he makes such payment, hold that share in trust for the employee. (4) Where the Board is satisfied that the employer has deducted the employee's share of a statutory contribution or domestic contribution from an employee's wages but has failed to pay the statutory contribution or domestic contribution, or the employee's share thereof, to the Fund, the Board may, whether or not that contribution or share is recovered from the employer, direct that the amount of the employee's share be credited to the employee's account in the Fund and the cost thereof be charged to the general revenue of the Fund. (As amended by Act No. 19 of 1973) 19. (1) Subject to the provisions of this section and in addition to any Supplementary contributions payable by a contributing employer under the provisions contributions by employers of sections eleven, sixteen, seventeen and seventeen A, he may make monthly supplementary contributions to the Fund in respect of any part or the whole of any wages paid to an eligible employee for the purpose of providing his eligible employee with an improved benefit or purchasing an annuity at a selected age of fifty years, fifty-five years or sixty years: Provided that the supplementary contribution is not less than five per centum of the employee's wages on which the supplementary contribution is assessed. (2) An employer making any contribution in accordance with the provisions of sub-section (1) shall furnish such information as to the identity of the employee in respect of whom the contribution is made as the Director may require.
(Act No. 51 of 1967 as amended by Act No. 30 of 1968 and 19 of 1973) 20. An employer, including an employer of a domestic servant, may at Capital sum any time pay into the Fund a capital sum for the purpose of providing a payment by benefit or purchasing an annuity for his employee or former employee employer eligible for membership of the Fund or a dependent of such employee or former employee, and if such person is not a Member of the Fund, the Director shall cause an account to be opened in the name of that person for the said purpose, and administer it in accordance with any conditions agreed to by the employer and the Director. (As amended by Act No. 19 of 1973) 21. (1) A Member who is not employed by an employer liable to make Member a statutory contribution or a domestic contribution in respect of him may contributing on apply in writing to the Director for authority to contribute to the Fund on his own behalf his own behalf. (2) If the Director approves the application, the Member may make consecutive monthly payments to the Fund, each payment to be not less than his share of the contribution last paid by an employer in relation to him, and every such payment shall be credited to the amount of the Member making it. (3) Where a Member who is authorised to make payments under this section enters the employment of an employer who is liable to make a statutory contribution or a domestic contribution in respect of him, the Member shall inform the Director forthwith and cease to be so authorised. (As amended by Act No. 19 of 1973) 22. (1) Every contribution due to the Fund shall be a civil debt due to the Board. Recovery of contributions from employers and penalty
(2) If any contribution for which a contributing employer is liable is not paid within the time specified in sections sixteen and seventeen, a sum equal to five per centum of the amount unpaid shall be added to the contribution for each month or part of a month during which the
contribution remains unpaid after the date by which payment was due, unless the Director is satisfied that the employer has not omitted to take all reasonable action to ensure payment within the time specified by this Act, and any such additional amount shall be recoverable as a civil debt due to the Board as if it were a contribution: Provided that the Board may, if it thinks fit, remit in whole or in part any penalty imposed by this sub-section. (3) If any domestic contribution for which an employer is liable is not paid within the time specified in section seventeen A, a penalty of fifteen ngwee shall be levied for each month for which the domestic contribution is payable but no stamp has been affixed to the contribution card; and such additional amount shall be recoverable as a civil debt due to the Board as if it were a contribution. (As amended by Act No. 51 of 1967 and 19 of 1973) 23. The Director shall establish and maintain for every eligible employee in respect of whom a contribution, other than a special contribution, has been made under this Act(a) a main account to which shall be credited all contributions payable by an employer under the provisions of section eleven, sixteen or seventeen A and to which shall be charged any benefit granted or refund made in respect of that employee; (b) a savings account to which supplementary contributions, other than contributions for the purpose of purchasing an annuity, made by an employer under the provisions of section nineteen shall be credited and to which shall be charged any benefit granted or refund made in respect of that employee; and (c) an annuity purchase account for each age selected by his employer or former employer in terms of sub-section (1) of section nineteen to which shall be credited supplementary contributions identified for the purpose of purchasing an annuity: Provided that, if it is not possible to purchase an annuity in terms of the regulations made by the Minister under section forty-four, the amount which would have been used to purchase an annuity shall be transferred to his main account. (As amended by Act No. 19 of 1973) Members' accounts
24. The sum standing to the credit of a Member's account in the Fund Protection of shall, until paid out in accordance with the provisions of this Act, remain Members' the property of the Board and shall not form part of the assets of a accounts Member in the event of his bankruptcy or insolvency, or be liable to attachment in satisfaction of his debts; and any security, pledge or assignment given before or after the commencement of this Act which purports to include any such sum or part thereof shall to that extent be void.
PART V DOMESTIC SERVANTS 24A. (1) Subject to the provisions of this Act, every domestic servant Registration of domestic employed in a private dwelling house in a municipality or a township servants and eligible for membership of the Fund shall within one month be registered with the Fund under this section in the prescribed manner, and every employer of a domestic servant shall ensure that any person gainfully employed by him on domestic duties in his private dwelling house has registered with the Fund and obtained a membership card or a provisional registration card as evidence of his registration as a Member of the Fund. (2) Every employer of a domestic servant required to register under the provisions of sub-section (1) shall maintain such records as may be prescribed. (As amended by act No. 19 of 1973) 24B. Every domestic servant to whom the provisions of section twenty-four A apply shall, within one month of his commencing employment or the coming into force of this section, register with the Fund. (As amended by act No. 19 of 1973) 24C. (1) An employer of a domestic servant shall, for every Payment of contribution period during which he employs a domestic servant, pay to domestic the Fund the domestic contribution required by section seventeen A and contribution any statutory order of the Minister. Membership card
(2) Every contribution due under this section shall be paid by purchasing from a Post Office or such other place as the Director may designate a contribution stamp of such value as the Minister may by statutory order determine, and affixing such stamp to the domestic servant's contribution card. (3) Every contribution due under this section shall be deemed to have been paid to the Fund when the employer has affixed the contribution stamp to the contribution card. (As amended by act No. 19 of 1973) 24D. An employer of a domestic servant who is liable to make, or who Employee's share has made, a domestic contribution in respect of such servant, may deduct the employee's share of that contribution from the wages due from him to that domestic servant in respect of the contribution period to which that contribution relates, but not otherwise. (As amended by act No. 19 of 1973) 24E. The Minister shall by statutory order prescribe the employee's share of a domestic contribution. (As amended by act No. 19 of 1973) Employee's share of domestic contribution
24F. Notwithstanding anything contained in this Act, the employer of Voluntary registration of a domestic servant employed in a dwelling house situated in an area other than a township or a municipality may apply to the Director for his employee domestic servant to be a Member of the Fund and to pay the domestic contributions in respect of him, and the Director shall thereupon cause an account to be opened in the name of such employee and thereupon the domestic servant shall be deemed to be an eligible employee. (As amended by act No. 19 of 1973)
PART VI BENEFIT 25. Benefit payable under this Part shall in amount be the sum standing Amount of
to the credit of the Member concerned in the Fund, including accrued interest, at the date of payment. 26. (1) The Minister shall, not later than five years after the commencement of this Act and at least once during the course of each five years thereafter, cause an actuary to review the operation of this Act and to make a report. The Minister shall lay before the National Assembly a copy of every such report, together with his observations on any recommendations contained therein. (2) The Board may, at any time, cause an actuary to make a report to the Board on the extent to which and the conditions under which benefit, other than benefit payable on emigration, may be converted into and paid in the form of an annuity. The Board may thereupon submit to the Minister a copy of any such report, together with its observations on any recommendations contained therein and, if the Minister is satisfied that it is expedient to do so, he may, by statutory instrument, make regulations to enable the Director to convert a Member's benefit into an annuity if the Member irrevocably exercises an option to acquire an immediate or deferred annuity in lieu of benefit to which he may be entitled. (3) Benefit from a main account shall be paid in one amount or in instalments at the discretion of the Board in any particular case or class of case or may, by agreement with the Director, be converted into an annuity. (4) Subject to the provisions of sub-section (5), benefit from a savings account may be claimed by a Member on leaving his employer's service and by agreement with the Director, may be paid in one amount or by instalments, or may be converted into an annuity: Provided that a Member need not, on such claim, withdraw or utilise his total credit in the Fund but may, by agreement with the Director, withdraw or utilise a proportion of such credit. (5) The Minister may, by regulations, at any time approve one payment of a benefit not exceeding forty per centum of any capital sum paid into the Fund by an employer on behalf of his employee or former employee under the provisions of section twenty, where such capital sum
benefit
Actuarial reports on Fund and method of payment of benefit
represents such person's accrued credits in the employer's private pension or provident scheme. (Act No. 51 of 1967 as amended by Act No. 15 of 1969 and 19 of 1973) 27. (1) The Minister may, by statutory order, make regulations prescribing the ages at which a Member is eligible to claim retirement benefit and age benefit: Provided that the Minister may prescribe different ages for different classes of Members. (2) A retirement benefit may be claimed by a Member on satisfying the Director that he has attained the age prescribed by the Minister under the provisions of sub-section (1) and that he intends to be self-employed or to retire from regular paid employment under a contract of service. (3) An age benefit may be claimed by a Member, whether or not he has retired from employment under a contract of service, on satisfying the Director that he has attained the age prescribed by the Minister under the provisions of sub-section (1). (4) A person who has received benefit under this section shall not be entitled to a further payment of benefit there-under until the expiry of a period of two years from the date on which benefit on the grounds of age was last paid or, in the case where the benefit is paid in instalments, from the date when the first such instalment was paid. (As amended by Act No. 19 of 1973) 28. (1) Subject to the provisions of this section, benefit in relation to a Benefit payable Member shall be payable on that Member's death. on death (2) A Member may at any time, by notice in writing delivered to the Director, nominate any members of his family to receive such proportions of the benefit payable on his death as he may specify. (3) A nomination made under sub-section (2) or the marriage of a Member shall be deemed to revoke any prior nomination made by the Member under that sub-section. Benefit payable on age qualification
(4) On the death of a Member, the benefit in relation to that Member shall not be a part of the estate of that Member but shall be paid to any person nominated by the Member under sub-section (2): Provided that where such person is found to have died or cannot, with the exercise of due diligence, be found within a period of three months from the date when the death of the Member is notified to the Director, the nomination shall be deemed to have ceased to be effective immediately prior to the death of the Member. (5) Where, on the death of a Member, there exists or remains no effective nomination under sub-section (2), the Director shall, after such inquiry and upon such evidence as he may think fit(a) pay the benefit to any widow or widower of the Member with whom at the time of the Member's death the Member was cohabiting; or (b) if no person satisfies the conditions of paragraph (a), pay the benefit in such proportions as he may think fit to any persons who were dependants of the Member: Provided that where any such dependant is a minor child, payment may be made to his guardian for use on his behalf; or (c) in any other case, hold the benefit in trust for any persons subsequently found to be eligible under this sub-section to receive it. (6) Benefit which is held in trust in accordance with paragraph (c) of sub-section (5) and which remains unpaid on the expiry of a period of five years from the Member's death shall be paid into the Reserve Account. (7) No action or claim shall lie against the Director or the Fund in respect of any benefit paid in accordance with the provisions of sub-section (5). (As amended by Act No. 19 of 1973)
29. Benefit shall be payable to a Member who is subject to mental or physical disability to an extent which, in the opinion of the Director, renders him unfit for employment of a regular nature. (As amended by Act No. 19 of 1973) 30. Benefit shall be payable to a Member who satisfies the Director that he is about to emigrate or has already emigrated from Zambia and has no present intention of returning to Zambia: Provided that no benefit shall be payable under this section in the case where the emigration is to a country with which there is in force a reciprocal agreement made in pursuance of section forty-five. 30A. (1) The Minister may, by statutory order, prescribe the extent to which a benefit shall be payable from a Member's account where he proves to the satisfaction of the Director that he intends to acquire or build a dwelling house for his own occupation in a township or municipality. (2) A benefit paid under the provisions of sub-section (1) shall be payable at the Member's direction as follows: (a) to the Zambia National Building Society;
Benefit payable on disability
Benefit payable on emigration
Benefit payable for home ownership
(b) to the township council or municipal council in whose area the dwelling house is situated or is to be erected; (c) (d) to the vendor of the dwelling house; or to a contractor engaged to build a dwelling house.
(3) The benefit payable under this section shall be such proportion of the Member's credit in the Fund as the Minister shall, by statutory order, prescribe, excluding the twenty-four contributions last credited to his account by a contributing employer. (4) A benefit under the provisions of this section may be claimed once
only, unless the Member has repaid in full to the Fund any earlier benefit paid on his behalf under the provisions of this section, and accordingly, notwithstanding any other provisions in this Act, the Director is authorised to receive a repayment of any benefit claimed under this section. (As amended by Act No. 19 of 1973)
PART VII FINANCIAL 31. (1) The Board shall cause to be kept proper books of account, and other books and records in relation thereto, in which shall be recorded all the financial transactions of the Fund. (2) The financial year of the Board shall be from the 1st April in any one year to the 31st March in the following year. (3) The accounts of the Fund shall be audited by such person as the Board, with the approval of the Minister, may appoint. (4) Such auditor as the Minister responsible for finance may appoint shall at all times have the right to inspect the accounts of the Fund on behalf of that Minister. (5) The Minister shall, as soon as possible after the completion and auditing of the balance sheet and statements of the transactions of the Fund under this Act, lay copies thereof before the National Assembly. (As amended by Act No. 51 of 1967) 32. (1) There shall be for the purposes of this Act a committee to be known as the Zambia National Provident Fund Investment Committee, which shall consist of four members appointed by the Minister. (2) The membership of the Investment Committee shall compriseInvestment Committee Accounts and audit
(a) (b)
one member nominated by the President; one member nominated by the Minister responsible for finance;
(c) three members nominated by the Minister responsible for labour, one of whom being a public officer, one representing employers' associations and one representing employees' associations; (d) one member nominated by the Board of Directors of the Bank of Zambia; and (e) the Director.
(3) Subject to the provisions of this Act, the Investment Committee may appoint a Chairman from among its members and may regulate the procedure at its meetings. (4) The Investment Committee shall meet at such times as the Chairman may appoint. (5) The Investment Committee shall have power to give general or special directions from time to time on the investment of moneys in the Fund which are surplus to current needs; and the Director shall give the Investment Committee any information required for the proper discharge of its function. (As amended by Acts No. 19 of 1973 and 29 of 1975) 33. Investment of moneys in the Fund not otherwise required shall be Investment of made by the Director in accordance with the directions of the moneys Investment Committee. (As amended by Act No. 19 of 1973) 34. (1) There shall be a Reserve Account of the Zambia National Provident Fund into which shall be paid(a) (b) all fines and penalties authorised by or under this Act; and any other monies authorised to be so paid under this Act. Reserve Account
(2) Income from the investment of monies in the Reserve Account shall be dealt with as general income of the Fund. (3) There shall be paid to the Reserve Account any part of the general income of the Fund for any financial year remaining after any allocation for that year in accordance with the provisions of section thirty-five to individual accounts and any allocation special reserves created by the Board to provide for(a) payments to be made to Members claiming benefit where the Board is satisfied that deductions were made from the wages of a Member but not paid over to the Fund by an employer who was liable to pay the statutory or domestic contribution; (b) payments to be made to a Member claiming benefit where the Board is satisfied that a benefit has not been received by the Member due to misappropriation, theft or personation of such Member; (c) the equalisation of interest credits to Members;
(d) grants to be paid to female Members of the Fund on confinement; (e) grants to be paid towards the funeral expenses of deceased Members; (f) such additional benefits for the Members as may be approved by the Minister; and (g) any contingencies deemed expedient by the Board.
(4) The Board may, subject to the general or special directions of the Minister, authorise the expenditure of moneys in the Reserve Account for the promotion, establishment and support of any organisation or scheme the objects of which consist of or include the maintenance of aged and indigent persons. (As amended by Act No. 19 of 1973)
35. (1) Subject to the provisions of this section, the Board shall, before Interest on the commencement of a financial year, fix the rate of interest to be paid accounts on the accounts of Members during the financial year. (2) In determining the rate of interest the Board shall have regard to the estimated net income of the Fund for the financial year after allowing for such expenses of administration and appropriations to the Reserve Account as shall have properly been made under this Act. (3) The interest due to any Member shall be calculated on the balance standing to the credit of his account at the end of the month prior to payment of a benefit. (As amended by Act No. 19 of 1973) 36. Moneys paid to the Fund in excess of the amount for which an employer is liable in respect of an employee may be refunded to the employer, or to the employee, or to both, as the case may be, in such manner as the Director may approve in each case. Refund of excess contributions
PART VIII LEGAL 37. (1) Any person whoCriminal proceedings
(a) for the purpose of evading payment of any contribution by him or some other person knowingly makes any false statement or representation; (b) for the purpose of obtaining any payment or other benefit under the Act for himself or some other person(i) knowingly makes a false statement or representation; or (ii) knowingly produces or furnishes or causes to be produced or furnished any document or information which is false in any material particular;
(c) being required to register under section ten, fails to do so within the period specified therein; (d) fails to ensure that any person gainfully employed by him on domestic duties in his dwelling house has, in accordance with the provisions of sub-section (1) of section twenty-four A, registered with the Fund and obtained a membership card or a provisional registration card; (e) being the employer of a domestic servant fails to maintain any records prescribed under sub-section (2) of section twenty-four A; (f) being required under this Act to furnish any information, without lawful excuse, fails to disclose that information or furnishes information which is false; (g) fails to pay to the Fund within the period specified in section sixteen or seventeen or seventeen A any contribution which he is liable to pay under this Act; (h) obstructs any inspector, officer or servant of the Fund in the discharge of his duties; (i) without lawful excuse, fails to produce documents which he is required to produce under this Act; or (j) knowingly deducts from an employee's wages any amount by way of the employee's share which is in excess of the amount due to be deducted under this Act; shall be guilty of an offence and shall be liable on conviction to a fine not exceeding three thousand penalty units or to imprisonment for a term not exceeding three months. (2) In any court proceedings under sub-section (1) with respect to used domestic contribution stamps, a stamp shall be deemed to have been used if it has been affixed to a contribution card or cancelled or defaced in any way whatsoever, and whether it has actually been used for the purpose of paying a contribution or not and unless it is proved to the contrary, the evidence that a stamp has been affixed to any material shall be deemed to be sufficient evidence for the purpose of proving that the stamp was affixed to a contribution card.
(3) The court before which any person is convicted of an offence under this Act may, without prejudice to any civil remedy, order that person to pay to the Fund the amount of any contributions, together with any interest or penalty thereon, certified to be due from that person to the Fund at the date of conviction; and such amount shall be recovered in the same manner as a fine and shall be paid into the Fund for the credit, where applicable, of the accounts of the employees concerned. (4) Proceedings in respect of any offence under this Act may be commenced at any time within the period of twelve months after the commission of the offence has been brought to the notice of the Director. (As amended by Act No. 19 of 1973, 29 of 1975 and Act No. 13 of 1994) 38. Any action for the recovery of contributions and any criminal proceedings under section thirty-seven may be instituted by the Director. (As amended by Act No. 19 of 1973) 38A. In the event of an employer becoming bankrupt or, if the Priority of employer is a company, in the event of the company having commenced payments to be wound up, the amount of any contribution, penalty or other Cap. 83 payment due to the Fund in respect of any employee by such employer(a) (b) at the date of the receiving order; or at the date of the commencement of the winding up; Institution of legal proceedings
shall, notwithstanding anything to the contrary contained in any other written law, be deemed to be wages for all purposes of the Preferential Claims in the Bankruptcy Act. (As amended by Act No. 19 of 1973) 39. (1) Where the Director has given the court written notice of a claim Protection of under this Act andcontributions (a) any attachment is issued against the property of an employer in execution of a decree against him, and any such property is seized or sold or otherwise realised in pursuance of such execution; or
(b) sold;
on the application of a creditor the property of an employer is
the proceeds of the sale or other realisation of the property shall not be distributed to any person entitled thereto until the court ordering the sale or realisation has made provision for the payment, after the costs of the sale or realisation, of any amounts due in respect of contributions payable by the employer under this Act during the twelve months before the date of such order. (2) For the purpose of this section, "employer" includes any company in Cap. 388 liquidation under the Companies Act. (As amended by Act No. 19 of 1973) 40. A written extract of an entry in the accounts or records of the Fund Certificates as shall, when certified by the Director, be received in all courts as prima evidence facie evidence of the truth of the contents thereof. (As amended by Act No. 19 of 1973)
PART IX MISCELLANEOUS 41. (1) The employer of any employee who is a member of or is entitled Existing to participate in an existing pension scheme or provident fund of his schemes employer providing benefits for old age shall not thereby be exempt from contributing to the Fund in respect of that employee. (2) Where an employer(a) is liable to make statutory contributions in respect of any employee or employees; and (b) is by himself or in association with others operating a scheme to provide any benefits of the same class as those payable under this Act for such employee or employees; he or, as the case may be, the governing body of that scheme may, by
virtue of this sub-section and whether or not the rules of the scheme allow, amend the scheme to take into account contributions made to the Fund and provide for a reduction of the contributions made to the scheme. (3) Nothing in sub-sections (1) and (2) shall be construed so as to(a) authorise the amendment of a scheme in such a way that the benefits, excluding annual interest, to an employee under that scheme and this Act are reduced below those to which he would have been entitled if this Act had not been passed; or (b) require an employer to contribute to both the scheme and the Fund an amount in excess of that paid by the employer to the scheme for any comparable period before he became a contributing employer. (4) Subject to the provisions of sub-section (5), an authority responsible for the administration of any existing pension scheme or provident fund may, with the approval of the Board, make a payment of any sum to the Fund in respect of any person who is or has been a member of or contributor to that scheme or fund, and the Board shall cause that sum to be credited to the account of such person in the Fund and for this purpose shall, if no such account exists, cause an account to be opened in the name of that person. (5) An authority making any payment in accordance with the provisions of sub-section (4) shall furnish with such payment(a) a certified copy of its resolution or other authority authorising the payment; and (b) such information as to the identity of the person in respect of whom the payment is made as the Director may require. (As amended by Act No. 19 of 1973) 41A. Notwithstanding anything contained in the Workers Compensation Act, the Director may, with the approval of the Board and the Minister, establish and maintain on behalf of the Workers Compensation Fund Control Board, an account in the Fund to which may be credited any assessment payable by employers under the Account for Workers Compensation Fund Control Board,
provisions of the Workers Compensation Act, and to which shall be charged all payments due to, or made on behalf of, the Workers Compensation Fund Control Board and such expenses of the administration of the account as may be approved by the Minister. (As amended by Act No. 19 of 1973) 42. Repealed by Act No. 17 of 1994.
Cap. 271
43. (1) An inspector or other person who in the exercise of any powers conferred or the performance of any duty imposed by, under or in connection with this Act acquires information relating to the personal or financial affairs of any other person shall not, save in the performance of his duty, publish or disclose such information to any person. (2) Any person who contravenes the provisions of sub-section (1) shall be guilty of an offence and on conviction shall be liable to a fine not exceeding two thousand penalty units or to imprisonment for a term not exceeding three months. (As amended by Act No. 13 of 1994) 44. The Minister may, by statutory instrument, make regulations to give effect to the provisions of this Act and, without prejudice to the generality of that power, such regulations may make provision for(a) Act; (b) (c) (d) anything which is to be or which may be prescribed under this the nature of records to be kept by employers; the amount of statutory or domestic contributions under this Act; the method of collecting contributions under this Act;
Prohibition against misuse of information received
Regulations
(e) the procedure for making claims, and the method of making payments, under this Act; (f) the occasions on which any person shall be required to produce his national registration card, or other identity document, for the purposes of this Act; (g) (h) (i) (j) any forms required for the purposes of this Act; the procedure for dealing with unclaimed moneys in the Fund; the procedure for the administration of annuities; the part payment of a benefit under the provisions of subsection
(5) of section twenty-six; (k) the procedure for collecting assessments or contributions on behalf of the Workers' Compensation Fund Control Board, and the procedure for the administration of the account established by the Board under the provisions of section forty-one A. (As amended by Act No. 19 of 1973) 45. (1) The President may enter into a reciprocal agreement with the government of any other country in which a fund or scheme similar to the Fund has been established, and there may be included in the agreement provision(a) that any period of membership of such a fund or scheme in the country of that government may be treated as a period of membership of the Fund and vice versa; and (b) that, subject to such conditions as may be agreed, any amount standing to the credit of a Member who works for any employer in the country of that government may be transferred to his credit in such fund or scheme, and any amount standing to the credit in such fund or scheme of any person who becomes a Member may be transferred to his credit in the Fund. (2) Any reciprocal agreement made under this section may modify, adapt or amend the provisions of this Act to give effect to the agreement: Provided that, if it does so adapt or amend the provisions of this Act, it shall be laid before the National Assembly as soon as may be after it is made. If the National Assembly passes a resolution within seven sitting days after the laying, disallowing the agreement, the agreement shall be void, but without prejudice to the validity of anything previously done thereunder. 46. This Act shall bind the Republic. Act to bind the Republic Reciprocal agreements
FIRST SCHEDULE
(Section 5)
THE ZAMBIA NATIONAL PROVIDENT FUND BOARD 1. (1) The Board shall consist of sixteen persons appointed by the Minister, of whom- Constitution of Board (a) five shall represent employers' associations in Zambia; (b) (c) (d) five shall represent employees' associations in Zambia; five shall be public officers; and one shall be the Director.
(2) The Minister shall designate two members of the Board to be the Chairman and Vice-Chairman respectively of the Board. (3) Members of the Board shall be appointed for any period not exceeding three years, but a retiring member shall be eligible for reappointment. (4) The office of a member of the Board shall become vacant(a) (b) upon his death; if he is adjudicated a bankrupt or makes a composition with his creditors;
(c) if he is absent from three consecutive meetings of the Board without special leave of the Board; (d) if he gives one month's notice in writing to the Minister of his intention to resign office and his resignation is accepted by the Minister; or (e) if his appointment is terminated by the Minister. Procedure of Board
2. (1) The Board may meet for the despatch of business, adjourn and, subject to the provisions of this Act, regulate its meetings as it thinks fit. (2) The quorum necessary for the transaction of the business of the Board shall be eight members provided that there are included at least one member representing employees and one member representing employers, and, in the absence of the Chairman and Vice-Chairman, the members present at any meeting shall elect one of their number to act as Chairman. (3) Decisions of the Board shall be made according to the majority of votes of the members present and voting at a meeting of the Board at which a quorum is present and, in the event of an equality of votes, the Chairman presiding at the meeting shall have a casting vote in addition to his deliberative vote. (4) The Board shall cause minutes to be kept recording(a) (b) all resolutions, proceedings and meetings of the Board; and the names of the members present at each meeting of the Board.
(5) The Board may co-opt any one or more persons to attend any particular meeting of the Board for the purpose of advising or assisting the Board, but no such co-opted person shall have any right to vote.
(6) The Board may by resolution declare the remuneration and allowances of any co-opted person and such sums shall be properly payable out of the Fund. (7) All documents, other than those required by law to be under seal, made by, and all decisions of, the Board may be signified under hand of the Director. (8) The common seal of the Board shall not be affixed to any instrument except by authority of a resolution of the Board, and the sealing of any instrument shall be authenticated by the signature of the Director and of such other person as the Board may appoint for the purpose. (9) If any member of the Board is directly or indirectly interested in any contract or proposed contract or other matter, and is present at a meeting of the Board at which the contract or other matter is the subject of consideration, he shall, at the meeting and as soon as practicable after the commencement thereof, disclose the fact of his interest and shall not take part in the consideration or discussion of, or vote upon any question with respect to, that contract or matter. (10) The members of the Board shall be paid out of the Fund such fees for attendance at meetings of the Board and its sub-committees, and such travelling and subsistence allowances, as the Minister may direct. (As amended by Act No. 19 of 1973)
SECOND SCHEDULE
(Section 14) EMPLOYEES WHO ARE NOT ELIGIBLE EMPLOYEES Cap. 260 2. Any person who has been confirmed in his appointment, and whose service is qualifying Cap. 410 of service for pension or gratuity under the Civil Service (Local Conditions Pensions) Act the (Chapter 410 of the 1971 edition) and the Police Act. 1971 3. Any person who has been confirmed in a pensionable office, and who is qualifying for edition pension, under the European Officers' Pensions Act. Cap. 4. Any member of the Fund established under the Local Authorities Superannuation Fund 107 Cap. Act. 266 5. Any member of the Regular Force within the meaning of the Defence Act. Cap. 6. Any member of the University of Zambia Superannuation Scheme for Senior Staff. 284 Cap. 7. Any person who is exempt from social security schemes by virtue of the Diplomatic 106 Immunities and Privileges Act. Cap. 20 8. Any employee, not being a citizen of Zambia, who is employed in Zambia for periods not exceeding six years at a time, provided that the employer has satisfied the Director that 1. Any person who is required to contribute under the Public Service Pensions Act, or under the Teaching Service Commission (Pension) Regulations.
the employee is liable to contribute to or is prospectively entitled to benefit from, the social security scheme of any country other than Zambia or of any benefit scheme by virtue of his employment, on terms that would provide the employee with benefits substantially not less favourable than the like benefits to which he would have been entitled under this Act. 9. Casual employees in respect of whom no order has been made under section 14 (3). 10. Any person who is employed in Zambia under an employment permit issued on or after the 1st day of July, 1973, under the provisions of the Immigration and Deportation Act. (As amended by Act No. 19 of 1973)
ZAMBIA NATIONAL PROVIDENT FUND SECTION 10 (2)-THE EMPLOYERS EXEMPTION ORDER Order by the Minister
CAP. 273 Statutory Instrument 338 of 1967 Title
1.
This Order may be cited as the Employers Exemption Order.
Exemption of 2. Employers of domestic servants in private households shall be exempted from the requirements of sub-section (1) of section ten of the employers of domestic Act, relating to the registration of employers. servants in private households SECTION 11-THE ZAMBIA NATIONAL PROVIDENT FUND (ELIGIBLE EMPLOYEES) ORDER Order by the President 1. This Order may be cited as the Zambia National Provident Fund (Eligible Employees) Order. Statutory Instrument 2 of 1975 Title
2. It is hereby directed that the holders of the offices specified in Certain holders column 1 of the Schedule shall, for the purposes of the Zambia National of offices to be Provident Fund Act, be deemed to be eligible employees. deemed eligible employees
3. The persons designated in column 2 of the Schedule shall be liable to make contributions to the Fund in respect of the holders of the offices listed in column 1 thereof and such persons shall be deemed to be employers for the purposes of section ten of the Zambia National Provident Fund Act. 4. The date stated in column 3 of the Schedule shall be the date when the persons designated as employers in column 2 thereof become contributing employers for the purposes of section ten of the Zambia National Provident Fund Act.
Designated employees liable to make contributions
Declaration of date
SCHEDULE
Column 1 Office Vice President Column 2 Employer Permanent Secretary, Minister of Planning and Finance Clerk of the National Assembly Permanent Secretary, Minister of Planning and Finance Permanent Secretary, Minister of Planning and Finance Clerk of the National Assembly Permanent Secretary, Minister of Planning and Finance Clerk of the National Assembly Permanent Secretary, Column 3 Date 1st January, 1975
Speaker Minister
1st January, 1975 1st January, 1975
Attorney-General
1st January, 1975
Deputy Speaker Jumior Minister
Member of the National Assembly Town Clerk
Minister of Planning and Finance SECTION 14 (2)-THE EMPLOYEES DECLARATION ORDER Order by the Minister 1. This Order may be cited as the Employees Declaration Order. 2. Whole-time students of any University or institution offering further education or vocational training who obtain temporary employment while on vacation from such a University or institution, and persons who having left school take temporary employment while waiting to take places granted for admission for a full-time course at such a University or institution, are hereby declared not to be eligible employees. Statutory Instrument 77 of 1966 Title Students in vacation employment and school leavers in temporary employment declared to be non-eligible employees Categories of probationers in the public service declared to be non-eligible employees. Cap. 133 Cap. 400 Statutory Instrument 294 of 1969 Title
3. Persons serving on probation and whose service would on being confirmed in appointment qualify as service for pension or gratuity under the African Civil Servants' Pensions Regulations, Chapter 57 of the 1964 Edition of the Laws, or under the Subordinate Police (Pensions) Regulations, and persons serving on probation or on probationary agreements who would on being confirmed in pensionable office qualify for pension under the European Officers' Pensions Act, are hereby declared not to be eligible employees. SECTION 26 (5)-THE ZAMBIA NATIONAL PROVIDENT FUND (ZAMBIA RAILWAYS BENEFIT) REGULATIONS Regulations by the Minister 1. These Regulations may be cited as the Zambia National Provident Fund (Zambia Railways Benefit) Regulations. 2. Authority is hereby given to the Secretary of the Zambia National Provident Fund to pay to any employee of Zambia Railways who was until midnight on the 30th June, 1967, an employee of Rhodesia
Secretary authorised to make payments
Railways and a member of the Rhodesia Railways Contributory Pension Fund, and who applies for such payment, one instalment of up to forty per centum of the capital sum paid by the Trustees of the Rhodesia Railways Contributory Pension Fund to the Zambia National Provident Fund on his behalf, and each such payment made in pursuance of this regulation is hereby approved. SECTION 27-THE ZAMBIA NATIONAL PROVIDENT FUND (AGE BENEFIT) REGULATIONS Regulations by the Minister Statutory Instrument 77 of 1973
1. These Regulations may be cited as the Zambia National Provident Title Fund (Age Benefit) Regulations, and shall come into force on 1st April, 1973. 2. A Member who has attained the age of 50 years and satisfies the Director that he intends to be self-employed or to retire from regular paid employment under a contract of service, shall be eligible for a retirement benefit from the Fund: Provided that any person who was a Member of the Fund prior to 1st April, 1973, may, at his option, claim a retirement benefit at any time after attaining the age of 45 years. 3. A Member who satisfies the Director that he has attained the age of Benefit payable 55 years, whether or not he has retired from employment under a on age contract of service, shall be eligible for an age benefit: qualification Provided that any person who was a Member of the Fund prior to 1st April, 1973, may, at his option, claim an age benefit at any time after attaining the age of 50 years. 4. A claim by any Member for a benefit under these Regulations shall Claim by be in the form set out in the Schedule hereto, and shall be lodged at the Member for head office of the Fund not less than fourteen days before the payment is benefit required. Benefit payable on retirement
SCHEDULE
(Regulation 4) ZAMBIA NATIONAL PROVIDENT FUND CLAIM FOR AGE BENEFIT
1. Name and address of claimant (in block capitals) For Office Use Only As on National Registration Card or Member's Registration Card
NPF31
(a) Surname ......................................................................................... (b) Other names ..................................................................................} ....................................................................................................... . ....................................................................................................... .
NPF64 sent
(c) National Registration Number. ............/........../................. (d) Year of birth ......................................... (e) Member's Social Security Number : : (f) Date of joining National Provident Fund ......................................... (g ) Address for correspondence and benefit payment: ....................................................................................................................................................... ....................................................................................................................................................... ....................................................................................................................................................... (h) Residential address: ....................................................................................................................................................... ....................................................................................................................................................... 2. (a) Age of claimant as shown on National Registration Card
Initials .............. Date .................. .
(b) If date of birth is different from that shown on National Registration Card, list documents to support difference: (a) (b) (c) 3. Claimant's present or last employer (a) Employer's full name and address Account No. (if known) ......................................
(b) Claimant's occupation and works No. (if any)
(c) If not employed, state date left the above-mentioned employer
4.
Claimant's previous employers: Claimant's occupation and works No. Employer's full names and address (if any) Period employed From To Employer's account No.
(a) ................................. ................................. ................................. (b) ................................. ................................. ................................. .......................... .............. ............... ......................... ........................... .............. ............... ..........................
(If this space is insufficient, please write details on a separate sheet) 5. Claim for benefit: *I declare that I have attained the age of 50/55 years.
I hereby claim an age benefit in accordance with the provisions of the Zambia National Provident Fund Act, and I declare that the above particulars stated in support of my claim are correct. (a) I declare that I have not previously been paid a benefit. (b) I declare that I received an age benefit on (c) I declare that I have received the following other benefit(s) from the Fund Complete or delete as applicable *Only persons who were members of the Fund prior to 1st April, 1973, are eligible for an age benefit at 50 years Two years must elapse between payments of benefit to any member on age grounds, and if a member has received a benefit, this must be declared at (b). I wish the benefit payment to be sent to me at the following address:
which will be my address for any correspondence in connection with this claim until (Date) Claimant's signature (or mark) Date Attesting Witness: (A Labour Officer, or Social Welfare Officer in the Administrative Grade or Minister of Religion, or Legal Practitioner, or Bank } Manager, or Medical Practitioner, or Commissioner for Oaths) Signature ............................................................................. Full Name ............................................................................. (block letters) Designation ......................................................................... . Address ............................................................................... ..............................................................................
This form should be sent to: The Director Zambia National Provident Fund P.O. Box 2990 Lusaka
NPF31A ZAMBIA NATIONAL PROVIDENT FUND CLAIM FOR RETIREMENT BENEFIT

1. Name and address of claimant (in block capitals) For Office Use Only As on National Registration Card or Member's Registration Card ............/........../................ ....................................... : : .........................................
(a) Surname .............................................................................................. (b) Other names ........................................................................................ ............................................................................................................ ............................................................................................................ (c) National Registration Number. (d) Year of birth (e) Member's Social Security Number (f) Date of joining National Provident Fund (g ) Address for correspondence and benefit payment:
NPF64 sent
Initials .............. Date ...................
(h) Residential address:
2.
(a) Age of claimant as shown on National Registration Card (b) If date of birth is different from that shown on National Registration Card, list documents to support difference: (a) (b) (c)
3.
Claimant's present or last employer (a) Employer's full name and address
Account No. (if known) ......................................
(b) Claimant's occupation and works No. (if any) ....................................................................................................................................................................................... (c) If not employed, state date left the above-mentioned employer ....................................................................................................................................................................................... 4. Claimant's previous employers: Claimant's occupation and works No. Employer's full names and address (a) ................................. ................................. ................................. ........................... .............. ............... .......................... (if any) Period employed From To Employer's account No.
(b)
................................. ................................. ................................. .......................... .............. ............... .........................
(If this space is insufficient, please write details on a separate sheet) 5. Declaration of retirement: I Declare that I am over *45/50 years of age and that (a) I intend to retire from regular employment with effect from (date of retirement (b) I have already retired from regular employment. (c) I am self-employed. *Only persons who were members of the Fund prior to 1st April, 1973, are eligible for an age benefit at 50 years 6. Claim for benefit: I hereby claim a retirement benefit under the Zambia National Provident Fund Act, and I declare that the particulars in support of this claim are correct to the best of my knowledge and belief. I wish the benefit payment to be sent to me at the following address: Complete or delete as applicable
Claimant's signature (or mark) Date Attesting Witness: (A Labour Officer, or Social Welfare Officer in the Signature .................................................................. Full Name .................................................................. (block letters) Designation ............................................................... Address .................................................................... ....................................................................
Administrative Grade or Minister of Religion, or Legal Practitioner, or Bank} Manager, or Medical Practitioner, or Commissioner for Oaths)
This form should be sent to: The Director Zambia National Provident Fund P.O. Box 2990 Lusaka
SECTION 30A-THE ZAMBIA NATIONAL PROVIDENT FUND (HOME OWNERSHIP WITHDRAWAL BENEFIT) ORDER
Order by the Minister
Statutory Instrument 136 of 1974 Title
1. This Order may be cited as the Zambia National Provident Fund (Home Ownership Withdrawal Benefit) Order.
2. Subject to the provisions of this Order, a Member of the Fund who Entitlement of a satisfies the Director that he intends to acquire or build a dwelling house Member for his own occupation in a township or municipality shall be entitled to withdraw a benefit from the Fund: Provided that(i) the benefit does not include the twenty-four statutory contributions last credited to the Member's account by a contributing employer; (ii) the benefit claimed from the Member's main account does not exceed the cumulative total of sixty contributions; and (iii) the benefit claimed from the Member's savings account does not exceed the cumulative total of sixty contributions. 3. The benefit referred to in paragraph 2 shall at the direction of the Member be payable to one of the following: (a) the Zambia National Building Society; (b) the township council or municipal council in whose area the dwelling house is situated or is to be erected; (c) (d) the vendor of the dwelling house; or a contractor engaged to build a dwelling house. Payment of benefit
4. The Director shall pay the benefit direct to the person named by the Method of Member under the provisions of paragraph 3 at such times and in such payment instalments as may be required, and shall inform the Member of each payment so made. 5. A claim by any Member for a benefit in terms of this Order shall be Claim by
in the form prescribed in the First Schedule, and shall be lodged at the head office of the Fund not less than thirty days before the payment is required. 6. The Director may require such supporting documents or other evidence as, in his opinion, are necessary to substantiate the claim for benefit. 7. Where a husband and wife are both Members of the Fund and are otherwise both eligible to claim a benefit in terms of this Order, a joint application in respect of the same dwelling house may be made.
Member for benefit
Evidence to be produced
Claim by husband and wife
Transfer of 8. Where a benefit or any part thereof has been paid to the person benefit to named by the Member under the provisions of paragraph 4 and the Member is unable for any reason beyond his control to proceed with the another house acquisition or building of the dwelling house described in his application and wishes to transfer the amount of his benefit towards the acquisition or building of another house, he shall notify the Director forthwith in the form prescribed in the Second Schedule. 9. Where the person named by the Member in paragraph 3 does not Refund of utilise the whole of the amount of the benefit paid to him, he shall refund unutilised the unutilised balance to the Director for credit to the Member's account. balance of benefit 10. A benefit under the provisions of paragraph 2 may be claimed only Benefits to be once by a Member unless he has repaid in full to the Director for credit claimed only to his account any earlier benefit paid on his behalf under this Order. once 11. The person receiving the benefit under the provisions of paragraph Information to 3 shall furnish the Director with such information as he may require for be furnished the administration of the benefit, and in any event shall inform the Director when the transfer or erection of the dwelling house has been completed.
FIRST SCHEDULE
(Paragraph 5) NPF ZAMBIA NATIONAL PROVIDENT FUND CLAIM FOR HOME OWNERSHIP WITHDRAWAL BENEFIT
Transfer of benefit to another house 1. Name and address of claimant (in BLOCK CAPITALS) (a) Surname ................................................................... (b) Other names .................................................................................. .................................................................................. .................................................................................. As on National Registration Card or Member's Registration Card For Office Use Only
NPF64 sent Initials ....................... ....................... Date
(c) National Registration Number. ............/........../.......... (d) Year of birth .................................. (e) Member's Social Security Number .........:.........:....... (f) Date of joining National Provident Fund ................................. (g ) Address for correspondence: ......................................................................................................................... ......................................................................................................................... ......................................................................................................................... (h) Residential address: ......................................................................................................................... .........................................................................................................................
2. Claimant's present or last employer: (a) Employer's full name and address:
Account No. (if known) ....................................................................................
(b) (c)
Claimant's occupation and works No. (if any): If not employed, state date left the above-mentioned employer:
3. Claimant's previous employers: Employer's full names and address Claimant's occupation and works No. (if any)
Period Employed
Employer's Account No.
From (1) .................................................
To
.................................... ....................................
(2) .................................................
......................
....................................
......................
....................................
(3) .................................................
.................................... ....................................
(4) .................................................
...................... ......................
.................................... ....................................
4. Claim for benefit:
I hereby claim a withdrawal benefit in accordance with the provisions of section 30A of the Zambia National Provident Fund Act, and I declare that the particulars stated in support of my claim are correct. *(a) I declare that I have not previously been paid a benefit from the Fund. *(b) I declare that I have previously received a home ownership withdrawal benefit but repaid this to the Fund on .............................................................................
}
*Complete or delete as applicable
5. (a) (i) (ii) (iii)
I wish the benefit payment to be sent to one of the following: The Zambia National Building Society, P.O. Box .........................................................................................................., ............................................................Council, P.O. Box .............................................................................................., The vendor of the house, namely: P.O. Box .........................................................................................................................................................................
........................................................................................................................................
(iv) ..........................................................................The contractor engaged*/* to be engaged to build the house, namely:
............................................................................................................................. P.O. Box

(b) ............................................................................................................. *I wish the total benefit to be paid on or before (date payment required) (c) *I wish payment to be made in......................................instalments as follows: (number) Amount K.......................... K.......................... K.......................... K.......................... K.......................... K.......................... K.......................... K.......................... Date Payment Required .................................................... .................................................... .................................................... .................................................... .................................................... .................................................... .................................................... ....................................................
1st instalment 2nd instalment 3rd instalment 4th instalment 5th instalment 6th instalment 7th instalment 8th instalment
6. I declare that my wife*/*husband is an eligible Member of the Fund and is also claiming a home ownership withdrawal benefit for the house described below. Particulars of wife*/*husband: (a) Surname ........................................................................................................ (b) Other names ................................................................................................. ............................................................................................
(c) National Registration Number..................../......../........ *Delete words inapplicable (d) Year of Birth............................................ (e) Social Security Number
..........:.........:.........
(f) Date of joining National Provident Fund ................................................................................ (g) Home Ownership Withdrawal Benefit Claim Form (NPF ) for wife*/*husband attached*/*sent to the Fund's office on ................................................................................................................................................................ ............................................. .........................
7. Particulars of house to be acquired or built: (a) General: (i) Name of property (ii) Plot Number: (iii) Street Number: (iv) Town: (b) To be completed if the house is already built (otherwise complete (c) below): (i) No. of living rooms:..................................................................No. of bedrooms: .............................................. Water point: Yes*/*No. W.C.: Yes*/*No. Bath or Shower: Yes*/*No. (ii) Type of construction (brick, asbestos, etc. Walls:............................................Roof: ........................................................................... (iii) Municipal valuation of land K..............................................................and improvements K.............................. (iv) Purchase Price K........................................... (v) Name and address of present owner: ............................................................................................................ ........................................... ............................................................................................................................ (vi) Name and address of vendor's solicitors/advocates: .......................................................................................... .................................................................................................................................................................................... (c) To be completed if the house is not yet built: (i) Do you own the land, or have you been allocated the land by the local authority? ........................................ (ii) What is the receipt number for the deposit for the plot paid to the local authority? ........................................ (iii) Who is going to build the house? Name: .............................................................................................................................................. ... ......................................................................................................................................................... ... (iv) No. of living rooms:...................................No. of bedrooms: ......................................................................... Water point: Yes*/*No. W.C.: Yes*/*No. Bath or Shower: Yes*/*No. (v) Type of construction (brick, asbestos, etc.) .................................................................................................. .......................................................... ............................................................................................................. Walls:...................................................Roof: ..................................................................................................... ... (vi) Architect (if any). Name ................................................................................................................................ .......................... .............................................................................................................................................. *Delete words inapplicable (vii) Estimated cost: K .......................................................................................................................................... (viii) Estimated time for completion: ...................................................................................................................... 8. (a) *I wish to claim a benefit amounting to K................................................................................. (b) *I wish to claim the maximum benefit for which I am eligible in terms of the First Schedule to the Zambia National Provident Fund (Home Ownership Withdrawal Benefit) Regulations, 1974. Claimant's signature (or mark) ............................................................................................................ Date ..................................................................................................................................................... Attesting Witness: (A Labour Officer, or Social Welfare Officer in the Administrative Grade or Minister of Religion, or Legal Practitioner, or Bank } Manager, or Medical Practitioner, or Commissioner for Oaths) This form should be sent to: Signature ................................................ Full Name ................................................ (BLOCK LETTERSr) Designation ............................................. Address .................................................
The Director Zambia National Provident Fund P.O. Box Lusaka For Office Use Only The Member is eligible for a benefit amounting to K ..................................................................................................................
N.B. You should attach to this form copies of any documents in your possession which will support your application.
SECOND SCHEDULE (Paragraph 5) NPF ZAMBIA NATIONAL PROVIDENT FUND HOME OWNERSHIP WITHDRAWAL BENEFIT: NOTIFICATION TO DIRECTOR OF TRANSFER OF BENEFIT
1. Name and address of Member (in block capitals) (a) Surname (b) Other names (c) National Registration Number......./......./....... (d) Year of Birth................................... (e) (f) As on National Registration Card or Member's Registration Card
Member's Social Security Number: Address for correspondence: ................................................................................................................................................................................................................................. (g) Residential address: .......................................................................................................................................................... .......................................................................................................................................................... 2. Member's present employer:
(a) Employer's full name and address: ....................................................................................................................................................................................................................................... (b) Member's occupation and works No. (if any): ....................................................................................................................................................... 3. Particulars of property for which benefit was paid: (a) General: (i) Name of property:...................................................................................................................... (ii) Plot Number:.............................................................................................................................. (iii) Street number:.......................................................................................................................... (iv) Town:....................................................................................................................................... (b) Amount of benefit approved K....................................................................................................... (c) Amount of benefit actually paid (if known) K................................................................................. (d) Name of person receiving benefit: (i) Zambia National Building Society (ii) ..........................................................................Local Authority (iii) Vendor:.................................................................................................................................... (iv) Contractor:............................................................................................................................... 4. Reason why transfer of benefit to another property is necessary: ........................................................................................................................................................................................................................................... 5. Particulars of house to be acquired or built: (a) General: (i) Name of property:...................................................................................................................... (ii) Plot Number:.............................................................................................................................. (iii) Street Number:.......................................................................................................................... (iv) Town:.......................................................................................................................................
(b)
To be completed if the house is already built (otherwise complete (c) below): (i) No. of living rooms:.............................No. of bedrooms: ........................................................... Water point: Yes*/*No. W.C.:Yes*/*No. Bath or Shower: Yes*/*No. (ii) Type of construction (brick, asbestos, etc.) .................................................................................................................................................. Walls:............................................ Roof: .................................................................................. (iii) Municipal valuation of land K......................................... and improvements K.............................. (iv) Purchase price K.............................. (v) Name and address of present owner
................................................................................................................. ................................................................................................................. .................................................................................................................

(vi) Name and address of vendor's solicitors
................................................................................................................. ................................................................................................................. .................................................................................................................

(c) To be completed if the house is not yet built: (i) Do you own the land, or have you been allocated the land by the local authority? (ii) What is the receipt number for the deposit for the plot paid to the local authority? ................. (iii) Who is going to build the house? Name: ......................................................................................................................................... Address: .................................................................................................................................... (iv) No. of living rooms:...................................No. of bedrooms: ..................................................... Water point: Yes*/*No. W.C.: Yes*/*No. Bath or Shower: Yes*/*No. (v) Type of construction (brick, asbestos, etc.) ................................................................................................................................................... Walls:...................................................Roof: ............................................................................. (vi) Architect (if any). Name ......................................................................................................................................... Address......................................................................................................................................
*D 6. Revised schedule for instalment payments: Please send the schedule of instalment payments for my bebfit as follows: Amount K.......................... K.......................... K.......................... K.......................... K.......................... K.......................... K.......................... K.......................... Date Payment Required .................................................... .................................................... .................................................... .................................................... .................................................... .................................................... .................................................... ....................................................
1st instalment 2nd instalment 3rd instalment 4th instalment 5th instalment 6th instalment 7th instalment 8th instalment Member's signature (or mark) Date This form should be sent to: The Director Zambia National Provident Fund
P.O. Box Lusaka
SECTION 44-THE ZAMBIA NATIONAL PROVIDENT FUND (FUNERAL GRANT) REGULATIONS
1. These Regulations may be cited as the Zambia National Provident Fund (Funeral Grant) Regulations. 2. In these Regulations, unless the context otherwise requires"administrator" means a person appointed as such by the High Court or a Local Court; "Board" means the Zambia National Provident Fund Board established under section five of the Act; "contribution" means a contribution payable by an employer under the provisions of section sixteen, sixteen A or seventeen A of the Act; "Director" means the Director of the Fund appointed under section six of the Act; "employer" means an employer registered under section ten of the Act; "executor" means a person appointed by a deceased person to be executor of his Will; "Fund" means the Zambia National Provident Fund; "relative of a person" means(a) when used in relation to a person not generally subject to customary law, the wife, husband, father, mother, grandfather, grandmother, stepfather, step-mother, child, grandchild, brother, sister, half-brother or half-sister of such person; and (b) when used in relation to a person generally subject to customary law, any one of such persons as are recognised under customary law as comprising his family.
Interpretation
3. The executor or administrator of a deceased Member's estate, or any Funeral grant relative of such deceased person who is responsible for the expenses of a Cap. 51 deceased Member's burial, shall be entitled to claim from the Fund a grant towards the funeral expenses, if(a) the deceased Member is buried or cremated in Zambia; and (b) such grant is claimed within six months of the deceased Member's date of death; and (c) at least twenty-four contributions of any class have been credited, or are due to be credited, by an employer to the account of the deceased Member at the date of his death; and (d) the claim is supported by a certified copy of an entry in the Register of Deaths maintained by the Registrar-General under the provisions of the Births and Deaths Registration Act, or, in the absence of such certificate of registration of death, such evidence of death and burial as the Director may require; and (e) the claim is supported by evidence of disbursement of moneys in connection with the deceased Member's burial and funeral arrangements. 4. Only one funeral grant shall be paid from the Fund in connection with the funeral arrangements of a deceased Member. One grant to be paid
5. The Board shall determine the amount of any funeral grant payable Board to under these Regulations, having regard to the amount or probable determine amount of the special reserve created by the Board for such grants under amount of grant the provisions of sub-section (3) (e) of section thirty-four of the Act. 6. An application for a grant under these Regulations shall be in such form as the Director may determine from time to time. Application for grant
7. The Director may enter into an arrangement with any registered Employer may employer under which such employer may act as the agent of the Board act as agent for the payment on behalf of the Board of a funeral grant to any person entitled to claim and complying with the provisions of regulation 3 and, if such an arrangement is made, the Director is authorised to reimburse such employer by an amount not exceeding the extent of the funeral grant determined under regulation 5.
SECTION 44-THE ZAMBIA NATIONAL PROVIDENT FUND (MATERNITY GRANT) REGULATIONS Regulations by the Minister
1. These Regulations may be cited as the Zambia National Provident Fund (Maternity Grant) Regulations. 2. In these Regulations, unless the context otherwise requires"Board" means the Zambia National Provident Fund Board established under section five of the Act; "child" includes all children delivered as a result of the confinement in respect of which a maternity grant is claimed, and a child stillborn; "contribution" means a contribution payable by an employer under the provisions of section sixteen, sixteen A or seventeen A of the Act; "Director" means the Director of the Fund appointed under section six of the Act; "Fund" means the Zambia National Provident Fund; "maternity grant" means a grant from the special reserve created by the Board under the provisions of sub-section 3 (d) of section thirty-four of the Act; "Member" means a person to whose credit there is an amount standing in the Fund. 3. A female Member of the Fund shall, after confinement, be entitled to claim from the Fund a maternity grant towards the expenses of her confinement: Provided that(a) (b) the confinement shall have taken place in Zambia; such grant is claimed within six months of the birth of her child;
Interpretation
Maternity grant
Cap. 51
(c) at least twenty-four contributions of any class have been credited, or are due to be credited, by an employer to the account of the Member at the date of the child's birth; and (d) the claim is supported by a certified copy of an entry in the Register of Births maintained by the Registrar-General under the provisions of the Births and Deaths Registration Act, or, in the absence of such certificate of registration of birth, or of a still-birth, such evidence of confinement as the Director may require. 4. The Board shall determine the amount of any maternity grant Board to payable under these Regulations, having regard to the amount or determine probable amount of the special reserve created by the Board for such amount of grant grants under the provisions of sub-section 3 (d) of section thirty-four of the Act. 5. An application for a grant under these Regulations shall be in such form as the Director may determine from time to time. Application for grant
SECTION 44-THE ZAMBIA NATIONAL PROVIDENT Statutory FUND (DOMESTIC SERVANTS) REGULATIONS Instruments 194 of 1973 Regulations by the Minister 69 of 1984 98 of 1984 75 of 1993 85 of 1995 1. These Regulations may be cited as the Zambia National Provident Fund (Domestic Servants) Regulations. Title
2. Every employer of a domestic servant required to register under the Employer's provisions of section twenty-four A of the Act shall maintain a register records of domestic servants employed by him in the form set out in the Schedule. 3. Whether an employer is liable to pay a domestic contribution in respect of an employee or is not so liable, the employer shall complete the register referred to in regulation 2 in respect of every domestic servant employed by him. Every domestic servant to be recorded
4. The register maintained in accordance with regulation 2 shall be Register to be forwarded to the Director of the Fund before the thirtieth day of April in forwarded to every year, or within fourteen days of the employer ceasing to employ Director any domestic servant whatsoever. 5. Every employer of a domestic servant shall, for every month during which he employs such domestic servant in his private dwelling house for a period exceeding thirteen days (including Sundays and public holidays), pay into the Fund(a) the domestic contribution of K1,500.00 in respect of which contribution the employer may deduct from the employee's wages a sum of K200.00, as the employee's share of such contribution; and (b) an assessment of 10 ngwee under section one hundred and nine of the Workers' Compensation Act. (As amended by S.I. No. 85 of 1995) Amount of 6. Out of the said domestic contribution of K1.500.00 mentioned in regulation 5, a sum of K1,000.00 be credited to the domestic servant's domestic account in the Fund and K300.00 is hereby authorised as payment to the contribution Fund in respect of the expenses of administration. (As amended by S.I. No. 85 of 1995) 7. The domestic contribution and assessment mentioned in regulation 5 shall be deemed to have been paid into the Fund when a contribution stamp is purchased from a Post Office, or such other place as the Director may designate, and affixed to the domestic servant's contribution card, which shall be made available by the Director to any employer without charge. Payment of domestic contributions Domestic contribution and assessment Cap. 271
8. When the domestic contribution stamp is affixed to the contribution Contribution card, it must be cancelled forthwith by writing or stamping in stamp to be non-washable ink across the face of the stamp the date on which it was cancelled affixed and the initials of the employer. 9. Where a domestic servant's wages for any contribution period are Wages paid in paid in advance by an employer, the employer shall pay before the advance payment of such wages the domestic contribution and the assessment mentioned in regulation 5 and due for such period by affixing stamps to the contribution card in accordance with the provisions of regulation 7.
10. During the currency of the employment of a domestic servant a contribution card for the domestic servant shall be in the custody of the employer and, on expiration of the period for which the card is current or on termination of employment, shall be delivered by the employer to the Director within a period of fourteen days after such expiration or termination.
Custody of domestic contribution card
11. Subject to the provisions of regulation 12, a domestic servant shall Member's right be entitled during the currency of his employment to examine his of access to contribution card at any reasonable time once in each calendar month. card Termination of 12. On termination of a domestic servant's employment a domestic servant shall be entitled to examine his contribution card before leaving employment his employer's service, and is required to acknowledge by his signature or mark on the appropriate space on the card that the card has been correctly stamped. 13. Where a domestic servant finds that his employer has not complied with regulation 5, he shall report the facts forthwith to the Director of the Fund, an inspector appointed by the Board, or to a Labour Officer. Non-compliance by employer
14. No person shall assign or charge, or agree to assign or charge, any Contribution contribution card, and any sale, transfer or assignment of, or any charge card not to be on, any contribution card shall be void and of no effect. assigned or charged 15. No person shall deface or destroy any contribution card or, save as Prohibition of authorised by the Director, alter, amend or erase any of the particulars defacing or thereon, except to record any changes of address of the employer. destroying of card 16. If the Director is satisfied within six months of the happening of the events mentioned in paragraphs (a), (b) or (c) that any contribution stamp produced to him(a) has been inadvertently and undesignedly spoiled or rendered unfit for use and has not, in his opinion, been affixed to a contribution card; Allowance for spoiled, unused or erroneously used stamps
(b) has not been spoiled or rendered unfit for the purpose intended, but for which he has no immediate use; or (c) has been affixed by him to a contribution card in error for a contribution month which was not payable by him, or for which a domestic contribution has previously been paid; he may take over the contribution stamps and refund the amount of such stamps.
SCHEDULE
(Regulation 2) REGISTER OF DOMESTIC SERVANTS EMPLOYED
Name of Servant Date Engaged Surname First Name Male or Female National Registration Number / / / / / / / / / / / / / / / / / / / / / / / / / / / / Year of Birth Social Security Number : : : : : : : : : : : : : : : : : : : : : : : : : : : :
Catego of Servan
*Please classify the domestic servant as Gardener, House Servant, Cook or Nursemaid
Important PleaseO Complete this Register in ink or with a ballpoint pen and use block letters. O Copy exactly the names, registration number and year of birth as shown on the employee's national registration card and NPF membership card. O Always quote the servant's social security number, as this is his savings account number. O State the work on which each servant is primarily engaged, e.g., gardener, house servant, cook, nursemaid. O Enter the employee's basic wages ignoring ration moneys, rent allowances and the value of any benefits in kind. Gross up daily or weekly pay to a monthly total. O Ensure that the details on the front cover of this register are completed before the register is returned to the ZNPF Head Office on 1st April next or if you cease to employ any domestic servants.
I certify that the information contained in this Register is correct.
Employer's signature: ......................................................................................................
Name of E
................
Residentia
This Register, duly completed for the previous year, and signed by the employer, must be sent by post to: The Director, Zambia National Provident Fund, P.O. Box, Lusaka.
Stand/Plo Street: ....
Town: ..... P.O. Box
Telephone
THE ZAMBIA NATIONAL PROVIDENT FUND REGULATIONS [ARRANGEMENT OF REGULATIONS]
PART I PRELIMINARY
Regulation 1. 2. Title Interpretation
PART II REGISTRATION OF EMPLOYERS AND IDENTIFICATION OF EMPLOYEES

3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. Registration of employers Change of circumstances Religious organisations Employer's account number Registration of employee Membership card Social security number Employee responsible for card Custody of cards Member's right of access to card Disposal of card Lost or destroyed cards Found cards Incorrect card
17. 18. 19.
Prohibition of defacing or destroying of cards Incorrect possession of card Possession of more than one card
PART III CONTRIBUTIONS

Regulation 20. 21. 22. 23. 24. 25. 26. Records to be kept by contributing employers Monthly return to be made by contributing employers Member contributing on his own behalf Employment by two or more employers Payment of contributions Contributions made in error Making of refunds
PART IV BENEFIT
27. 28. 29. 30. 31. Claim by member for benefit Claim for benefit after death of a member Further evidence Medical examination Statutory declaration
32. 33. 34. Form of payment Signing of documents Duty of employees
35. 36. 37.
Incomplete or inaccurate documents Transfer to the Reserve Account Classification of wages
FIRST SCHEDULE-Membership card SECOND SCHEDULE-Provisional registration card SECTION 44-THE ZAMBIA NATIONAL PROVIDENT FUND REGULATIONS Regulations by the Minister Statutory Instruments 269 of 1970 18 of 1971
PART I PRELIMINARY
1. These Regulations may be cited as the Zambia National Provident Fund Regulations. 2. In these Regulations, unless the context otherwise requires"account number" means an account number allotted under regulation 6; "attesting witness" includes a labour officer, a social welfare officer, a public officer in the administrative grade, a minister of religion, a legal practitioner, a bank manager, a qualified medical practitioner, a commissioner for oaths and, exceptionally, such other person as the Director may approve for the purpose; "Fund Office" means the head office of the Board or any district office established by the Board; "inspector" means any person who is appointed an inspector under section nine of the Act; "member" means a person registered as such under the provisions of regulation 7, and includes a Member as defined in the Act; Title
Interpretation
"social security number" means the number allotted as such by the Director under the provisions of regulation 9; "termination of employment" means the day on which the employment actually comes to an end, whether or not such termination is in accordance with the terms of the contract, and whether or not the employment is to be resumed at a later date.
PART II REGISTRATION OF EMPLOYERS AND IDENTIFICATION OF EMPLOYEES

3. An employer who is required to register under section ten of the Act Registration of shall forward to the Director in writing the following: employers (a) full particulars of-
ii(i) his name, the nature of his business, and his trader's licence (if any); i(ii) the address where his business is carried on, his postal address telephone number; (iii) the number of his employees; and
(iv) any branches of the business, if the business is organised in branches (shops, departments, etc.), which have separate arrangements for paying wages; and (b) a declaration signed by him in the following form:
"I declare that the information given above is correct to the best of my knowledge and belief.
Signature .............................................................................. Date ...................................................................................... Designation or official status ............................................... .................................................................................................." 4. Every registered employer shall inform the Director of the occurrence of any of the following events, not later than fourteen days after the event, that is to say: (a) (b) if he changes his address; if he changes his business name or designation; Change of circumstances
(c) if a branch of his business, which has been separately registered, is closed; (d) if a new branch of his business, which is due to be separately registered, is opened; or (e) if he ceases to be an employer. Religious organisations
5. An application by a religious organisation to register under section twelve of the Act shall be supported in writing by full particulars of(a) the name of the organisation, its account number (if already allotted) and the name and postal address of its treasurer; (b) the names of the ministers of religion concerned; and (c) a certified copy of the resolution of the organisation authorising the application. 6. The Director shall allot an account number to every registered employer. 7. (1) Every person who intends to engage in regular employment and who will, in such employment, become an eligible employee, shall apply to the Director in such manner as the Director shall specify for registration as a member of the Fund and obtain a membership card or provisional registration card.
Employer's account number Registration of employee
(2) Every member of the Fund at the *commencement of these Regulations shall be deemed to have applied for registration in accordance with this regulation, and the Director shall issue a membership card or provisional registration card. * 23rd October, 1970. 8. (1) A membership card or provisional registration card shall be Membership issued without charge to a person properly applying therefor and, when card issued, shall remain the property of the Fund. (2) A membership card of an eligible employee shall be in the form set out in the First Schedule. (3) A provisional registration card shall be in the form set out in the Second Schedule. 9. The Director shall allot a social security number to every member of Social security the Fund. number 10. (1) A person, on obtaining a membership card or provisional Employee registration card, shall be responsible for its custody unless or until it is responsible for delivered to an employer or a Fund Office, or retained by an inspector. card (2) Every eligible employee, on first commencing employment with an employer, must produce to his employer his membership card or provisional registration card, or furnish such particulars as the employer may require for the purpose of compliance with the provisions of the Act. 11. (1) The employer, on obtaining the membership card or provisional Custody of registration card, shall become responsible for the custody thereof so cards long as the employment continues or until the membership card or provisional registration card is returned to the member or delivered to a Fund Office or retained by an inspector in accordance with these Regulations or any other regulations made under the Act. (2) The employer or any other person for the time being responsible for
the custody of the membership card or provisional registration card in accordance with these Regulations, or any person having in his possession or under his control any membership card or provisional registration card issued in respect of an eligible employee, shall produce it for inspection at any reasonable time when required to do so by the Secretary or by an inspector, who may, if he thinks fit, retain it. The Secretary or the inspector shall give a receipt for any membership card or provisional registration card so retained by him. * 23rd October, 1970. 12. Every employer responsible for the custody of the membership Member's right of access to card or provisional registration card in accordance with these Regulations shall permit the person to whom it relates to have access to card such card for the purpose of obtaining any details thereon: Provided that no member of the Fund shall be entitled by virtue of this provision to inspect his membership card or provisional registration card more than once in any one month nor except at such time within or immediately before or after working hours as may be fixed by the employer for the purpose. 13. (1) Subject as hereinafter provided in these Regulations, the employer shall, on the termination of the employment, forthwith return the membership card or provisional registration card to the member to whom it relates: Provided that where the employment is terminated by the member without any notice or intimation to the employer, the membership card or provisional registration card shall be returned to the member or, where this is impracticable, to a Fund Office, within fourteen days of the termination of employment. (2) The member, on the termination of his employment, shall apply to the employer for the return of his membership card or provisional registration card, and, on the card being returned to him, shall give to the employer, if he demands it, a receipt for the card. (3) If for any reason other than the loss or destruction of the card, the membership card or provisional registration card is not returned to the Disposal of card
member on the termination of his employment in accordance with sub-regulation (1), the employer shall, within fourteen days, send the card to a Fund Office. (4) On the death of a member, any membership card or provisional registration card in the custody of an employer or any other person having possession or thereafter obtaining possession of the deceased member's card, shall forthwith send it to a Fund Office. 14. Where a membership card or provisional registration card of any Lost or member is destroyed or lost or is defaced in any material particular, the destroyed cards employee shall apply to the Secretary for a new card, and the Secretary, on being satisfied as to such destruction, loss or defacement, shall issue a new card: Provided that where a membership card or provisional registration card is in the custody of an employer at the time it is destroyed, lost or so defaced, it shall be the duty of the employer forthwith to report the destruction, loss or defacement of the card to a Fund Office and to the member so that he may comply with the provisions of this regulation. 15. Any person who finds a membership card or provisional Found cards registration card shall forthwith deliver it to some responsible officer at a police station, employment exchange, post office or a Fund Office. 16. A person who has a membership card or provisional registration Incorrect card card containing any particulars which are to his knowledge incorrect shall forthwith inform a Fund Office so that a fresh membership card or provisional registration card may be issued in lieu thereof. 17. No person shall deface or destroy any membership card or Prohibition of provisional registration card, or, save as authorised by the Director, defacing or alter, amend or erase any of the figures or particulars therein contained. destroying of cards 18. A person who has in his possession a membership card or provisional registration card except as provided by these Regulations shall forthwith send it to a Fund Office. Incorrect possession of card
19. A person who has in his possession more than one membership card or provisional registration card relating to the same person shall forthwith inform the Director.
Possession of more than one card
PART III CONTRIBUTIONS

20. Every contributing employer shall maintain a record showing(a) in respect of each eligible employee whom he has engagedRecords to be kept by contributing employers
ii(i) 9; i(ii) (iii)
the social security number allotted in accordance with regulation
the dates on which the employment commences and terminates; the date and amount of each payment of wages to the employee;
(iv) the amount of each statutory contribution due in respect of the employee; and (v) the amount deducted from any payment of wages by way of an employee's share of a statutory contribution; (b) (i) (ii) and in respect of each casual employee whom he has engagedthe days during which the employee is employed; and the date and amount of each payment of wages to the employee;
(c) the date and amount of each payment he makes to the Fund by way of contributions under the Act. 21. Every contributing employer shall forward to the Director each month, together with the contributions payable under sections sixteen Monthly return to be made by
and seventeen of the Act, a return showing the following: (a) (i) (ii) full particulars ofthe month to which the return relates; the employer's name, postal address and account number;
contributing employers
(iii) the names of all eligible employees employed by him during the month and the social security number of each of them; (iv) employees who commenced employment during the month;
(v) the total wages paid to each employee, and the total statutory contributions due in respect of each employee, for contribution periods ending during the month; and (vi) the total wages paid to casual employees during the month and the special contribution due in respect of such payment; and (b) a certificate signed by him and completed in the following form:
"I certify that the amount of wages paid and the amounts of contributions payable by me under the Zambia National Provident Fund Act, as set out on the attached return, are correct. Signature .............................................................................. Date ...................................................................................... Employer's official stamp.................................................." 22. An application by a member to contribute to the Fund under section twenty-one of the Act shall be supported in writing by full particulars of(a) his name, postal address and social security number; (b) the name, postal address and (if known to him) account number of his last employer, and the date the employment ceased; and (c) wages received, and the employee's share deducted for the last contribution period in his previous employment. Member contributing on his own behalf
23. (1) Where an employee is regularly employed by two or more Employment by employers during the same contribution period, the Director may, on two or more application by those employers and the employee, direct that the employers statutory contributions payable in respect of the employee for that period shall be reduced, in such proportion as the Director may think fit, so that in total they do not exceed the statutory contribution which would have been payable if the employee's wages during that period had been received from one contributing employer, and that the employee's share shall be correspondingly reduced. (2) For the purposes of this regulation, a person shall not be deemed to have been regularly employed by any two employers unless he has been employed by each of them during at least two days in each week of any four consecutive weeks. (3) Where any statutory contribution which is the subject of a direction under sub-regulation (1) has already been paid, the Director shall, subject to the provisions of regulation 26, refund the appropriate amount of that contribution. 24. All contributions to the Fund shall be paid(a) by money order, postal order or cheque drawn on any bank in Zambia, delivered or sent by post to the head office of the Fund; (b) by cash at a Fund Office; or (c) in such manner as the Director may from time to time authorise in any particular case. 25. Where the Director is satisfied that any amount has been paid to the Contributions Fund in excess of the amount which was due to be paid, he may, subject made in error to the provisions of regulation 26, refund the amount so paid to the person by whom it was paid. 26. (1) No refund shall be made except with the consent of the Director, Making of who may require the person by or in respect of whom the relevant refunds payment was made to make a written application for refund and to furnish such other information as the Director may require to determine the circumstances in which the payment was made and the amount to be refunded. Payment of contributions
(2) No refund shall be made of any amount which, having been credited to the account of a member in the Fund, has been withdrawn as benefit, and any such benefit shall be deemed to have been properly paid. (3) If any debt is due to the Fund by the person to whom a refund would otherwise be paid, the Board may retain the whole or any part of the amount to be refunded and set it off against the debt. (4) Where any amount to be refunded is in respect of a payment made by way of statutory contribution to the Fund, the Director may, if he is satisfied that a deduction has been made from the wages of any employee by way of the employee's share of that contribution, reduce the amount to be refunded by the amount of that deduction and repay the amount of the deduction to the employee. (5) Where any amount to be refunded has been in the Fund throughout the whole of a financial year, that amount shall be increased by adding thereto interest at the rate fixed by the Board for accounts of members in respect of that financial year.
PART IV BENEFIT
Claim by 27. A claim by a member for benefit shall be made to a Fund Office or member for other office designated by the Board for this purpose and shall be benefit supported in writing by the following: (a) full particulars of-
(i) the member's name, social security number, national registration number, year of birth, postal address and residential address; (ii) the grounds of the application and the conditions which the member claims to satisfy as justifying his claim; and (iii) any supporting documents bearing on the member's age and
retirement, disability or emigration; and (b) a declaration signed by the member and completed in the following form: "I hereby declare that the particulars in support of this claim are correct to the best of my knowledge and belief. Signature .............................................................................. Date ...................................................................................... Signature of attesting witness and designation ........................................................................................... " 28. A claim by any person for benefit payable upon the death of a member shall be made to a Fund Office or other office designated by the Board for this purpose and shall be supported in writing by the following: (a) full particulars ofClaim for benefit after death of a member
(i) the claimant's name, national registration number (if any), postal address and residential address; ii) the name, social security number and date of death of the member; (iii) the conditions which the applicant claims to satisfy as justifying his claim; and (iv) any supporting documents bearing on the member's death, or the applicant's relationship to the member or status as a dependant; and (b) a declaration signed by the claimant and completed in the following form: "I hereby declare that the particulars in support of this claim are correct to the best of my knowledge and belief. Signature ..............................................................................
Date ...................................................................................... Signature of attesting witness and designation ........................................................................................... " 29. The Director may require such further evidence of identity and of Further entitlement as is in his opinion necessary to substantiate the claim for evidence benefit, including production by the applicant of his national registration card. Medical 30. The Director may require any member whose application for examination benefit is based on mental or physical disability to attend for medical examination by a registered medical practitioner and may use the report of any such examination as evidence in deciding the claim for benefit. 31. The Director may require any person who has made an application Statutory for benefit to make a statutory declaration as to the truth of any declaration statement of fact made by him in his application or in connection therewith.
32. Payments from the Fund shall be made in cash or by cheque. Form of payment
33. Any document used in connection with the Fund which requires a Signing of person's signature may be signed with his written signature or, if he is documents unable to write, with his mark and shall, where the document so requires, be authenticated by the signature of an attesting witness. 34. Every employee shall furnish to his employer any information, and Duty of produce any document, necessary for the completion of forms or returns employees
required by these Regulations to be made by his employer. 35. If, in the opinion of the Director, any document containing Incomplete or information required to be furnished under these Regulations is inaccurate incomplete or inaccurate or is insufficiently clear for its purpose, he may documents return the document to the sender; and the sender shall comply with all lawful directions given to him and shall complete and deliver a fresh document in its place, or return the original document duly corrected, as the case may require. 36. (1) There shall be transferred to the Reserve Account any amount Transfer to the standing to the credit of a member in the Fund in respect of whom no Reserve contributions have been received for five years after he appears from the Account records to have attained the age of sixty years and in respect of which no claim for benefit has been received before the end of that period. (2) Any amount which is in the Reserve Account may be paid to any person who can establish a valid claim thereto within a period of five years from the date of its transfer to the Reserve Account, provided he gives such indemnity to the Fund as the Board may require. (As amended by Act No. 18 of 1971) 37. In the case of an employee whose wages consist of remuneration falling within two or more of the categories contained in the definition of wages in section two of the Act, the Director may at his discretion treat the amounts falling within one only, or two or more, of those categories as the wages of that employee. Classification of wages
FIRST SCHEDULE
(Regulation 8 (2)) ZAMBIA NATIONAL PROVIDENT FUND
MEMBERSHIP CARD
NPF MEMBERSHIP CARD BANDA JOHN 121 347 174 The Number shown above is your social Security Number and your Account Number in the National Provident Fund. Please give this card to your employer when you start a new job. National Registration 183275/11/1 Temporary Registration 305576/01/0 189525/02/0 1925 1925 Year of Birth 1925
NPF Ref. No.
SECOND SCHEDULE
(Regulation 8 (3)) ZAMBIA NATIONAL PROVIDENT FUND
PROVISIONAL REGISTRATION CARD

NPF PROVISIONAL REGISTRATION CARD Give this card to your employer so that NPF.11C Surname ......................................................................................... First Name ......................................................................................
he can send your contribution to the Fund using your Social Security Number, which is your account number in the National Provident Fund.
Membership No. ........... National Registration No. ..................../....................../.................... Year of Birth ...................................................................................
SECTION 44-THE ZAMBIA NATIONAL PROVIDENT FUND (ANNUITY) REGULATIONS Regulations by the Minister
1. These Regulations may be cited as the Zambia National Provident Fund (Annuity) Regulations. 2. In these Regulations, unless the context otherwise requires"annuity account" means the account to which all amounts meant to purchase annuities and all amounts determined under sub-regulation (3) of regulation 3 shall be credited, and to which all payments, charges and expenses in accordance with sub-regulation (4) of regulation 3 shall be debited; "deferred annuity" means an annuity other than an immediate annuity; "immediate annuity" means an annuity commencing on the last day of the month next following the month during which the benefit is converted into an immediate annuity or during which an immediate annuity is purchased; "registered employer" means an employer registered under the provisions of section ten of the Act; "selected age" means the age referred to in regulation 8. 3. (1) There shall be established and maintained by the Director a separate account in the Fund to be termed "the Annuity Account".
Interpretation
Establishment of Annuity Account
(2) There shall be transferred to the Annuity Account(a) any capital sum paid by the employer to purchase an annuity for his employee, or former employee, in terms of section twenty of the Act; (b) the whole or any part of a Member's main account or savings
account, as defined in section twenty-three of the Act, which is converted into an annuity in terms of regulation 4. (3) There shall be credited to the Annuity Account each year interest at the average rate earned on the total assets of the Fund for that year as determined by the Board's actuaries. (4) There shall be debited to the Annuity Account(a) (b) (c) (d) all payments of annuity; all payments in commutation of annuity; all expenses incurred in payment of annuities; and such charges of administration as the Board may determine.
4. A Member of the Fund may, on satisfying a condition for benefit under the Act, other than that for emigration benefit, exercise an irrevocable option to convert at least two-third of such benefit into-
Purchase of annuity by Member of (a) an immediate annuity in accordance with regulation 7, provided Fund that he has attained the age of forty-five years and that the amount of such annuity is at least forty-eight kwacha per annum; (b) a deferred annuity in accordance with regulation 7, provided that the amount of the deferred annuity is at least forty-eight kwacha per annum. 5. A registered employer may, at any time, pay into the Annuity Purchase of Account a capital sum in terms of section twenty of the Act in respect of annuity by a an employee, or former employee, for the purpose of purchasing either- registered (a) an immediate annuity in accordance with regulation 7, provided employer that the employee, or former employee, has attained the age of forty-five years; or (b) a deferred annuity in accordance with regulation 7, provided that the amount of such annuity is at least forty-eight kwacha per annum. 6. (1) The amount of any annuity shall be determined by the Secretary Calculation of in accordance with the annuity tables set out in the Schedules: annuity
Provided that if an age other than one between the age of fifty years and sixty years is approved for a deferred annuity in terms of regulation 8, or if an immediate annuity is required for an age greater than sixty-five years for males or sixty years for females, the annuity shall be calculated by the Director after reference to the Board's actuaries. (2) The tables set out in the Schedules shall be reviewed from time to time by the Board's actuaries who shall make a report to the Board and, as may be required, recommendations to the Board concerning any amendment of the tables. (3) Any amendment to the tables approved by the Board in accordance with the actuaries' recommendations shall only apply to annuities or deferred annuities purchased after a date determined by the Board. 7. (1) The annuity will be payable for a term certain and for the lifetime Conditions of of the annuitant thereafter. payment of annuity (2) The term certain will be one hundred and twenty months: Provided that for an immediate annuity the Director may agree to a term certain of sixty months. (3) An annuity will be payable in monthly instalments in arrear. (4) The first payment of an immediate annuity will be made on the last day of the month next following the month during which the benefit is converted into an immediate annuity or during which an immediate annuity is purchased. (5) The first payment of a deferred annuity will be made on the last day of the month next following the month in which the selected age is attained, unless such age is attained on the first day of the month when the first payment will be made on the last day of that month.
(6) For the purpose of these Regulations, the age of any person shall be determined in accordance with section three of the Act. (7) The method of payment of annuity shall in every case be determined by the Director. (8) The annuitant shall furnish the Director with such evidence of survival as he may require. 8. A Member who wishes to purchase a deferred annuity, or a registered employer who purchases a deferred annuity for an employee, or former employee, shall select an age of attainment at which the deferred annuity shall commence. The selected age shall normally be one between fifty years and sixty years, but, in special circumstances, the Secretary may approve the purchase of an annuity at any other age. Age for commencement of deferred annuity
Death of 9. If an annuitant dies during the period certain of his annuity, his annuity will be continued to his nominated dependant for the balance of annuitant the period certain: Provided that the nominated dependant may elect to receive in lieu of the annuity a lump sum payment equal to the discounted value of those payments as determined by the Board's actuaries. 10. If a person prospectively entitled to an annuity dies before attainment of the selected age, the amount applied to purchase a deferred annuity, together with five per centum compound interest from the date of purchase to the date of death, shall be paid to his nominated dependant. Death before commencement of a deferred annuity
FIRST SCHEDULE (Regulation 6) ZAMBIA NATIONAL PROVIDENT FUND IMMEDIATE ANNUITIES
Age
18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65
Annuity purchased by payment of K100 Payable for 5 years certain Payable for 10 years certain and lifetime thereafter and lifetime thereafter Males Females Males Females K K K K 6.127 6.023 6.097 5.995 6.160 6.049 6.127 6.019 6.194 6.229 6.265 6.302 6.341 6.382 6.424 6.468 6.514 6.562 6.612 6.665 6.720 6.778 6.839 6.903 6.971 7.043 7.119 7.200 7.286 7.377 7.474 7.690 7.810 7.938 8.073 8.215 8.365 8.524 8.692 8.869 9.056 9.253 9.461 9.680 9.911 10.155 10.413 10.686 10.975 11.280 11.602 11.943 12.305 6.076 6.104 6.133 6.163 6.195 6.228 6.262 6.297 6.333 6.371 6.410 6.451 6.494 6.538 6.584 6.632 6.682 6.734 6.789 6.847 6.909 6.974 7.043 7.193 7.275 7.362 7.455 7.554 7.660 7.774 7.896 8.026 8.165 8.314 8.474 8.646 8.831 9.030 9.243 9.471 6.158 6.190 6.224 6.259 6.296 6.334 6.374 6.415 6.458 6.503 6.550 6.599 6.651 6.705 6.762 6.822 6.885 6.952 7.023 7.098 7.177 7.261 7.349 7.541 7.645 7.755 7.870 7.990 8.115 8.245 8.380 8.520 8.666 8.818 8.975 9.137 9.305 9.478 9.656 9.838 10.024 10.214 10.406 10.599 10.792 6.044 6.070 6.097 6.126 6.156 6.187 6.219 6.252 6.286 6.321 6.357 6.395 6.435 6.476 6.519 6.564 6.611 6.661 6.713 6.767 6.824 6.885 6.949 7.087 7.163 7.243 7.328 7.418 7.514 7.616 7.724 7.839 7.961 8.090 8.226 8.370 8.523 8.685 8.855 9.032
*Calendar year of purchase minus calendar year of birth.
SECOND SCHEDULE
(Regulation 6) ZAMBIA NATIONAL PROVIDENT FUND DEFERRED ANNUITIES Males

Age* 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 Annual amount of deferred annuity payable for 10 years certain and lifetime thereafter purchased by K100 and commencing at age 50 51 52 53 54 55 56 57 58 59 60 K K K K K K K K K K K 44.18 47.36 50.80 54.50 58.49 62.80 67.44 72.44 77.82 83.63 89.91 41.87 44.89 48.15 51.66 55.44 59.53 63.93 68.67 73.77 79.27 85.22 39.68 42.55 45.64 48.97 52.55 56.42 60.60 65.09 69.92 75.14 80.78 37.61 40.33 43.26 46.42 49.81 53.47 57.44 61.69 66.27 71.23 76.57 35.65 38.23 41.00 44.00 47.21 50.68 54.44 58.47 62.82 67.52 72.58 33.79 36.24 38.86 41.70 44.75 48.04 51.60 55.42 59.55 64.00 68.79 32.03 34.35 36.83 39.52 42.42 45.54 48.91 52.53 56.45 60.66 65.20 30.36 28.78 27.28 25.86 24.51 23.23 22.02 20.87 19.78 18.75 17.77 16.85 15.97 15.14 14.35 13.60 12.89 12.22 11.58 10.98 10.41 9.87 9.35 8.86 8.40 32.56 30.86 29.25 27.73 26.29 24.92 23.62 22.39 21.22 20.11 19.06 18.07 17.13 16.23 15.38 14.58 13.82 13.10 12.42 11.77 11.16 10.58 10.03 9.51 9.01 8.54 34.91 33.09 31.37 29.74 28.19 26.72 25.33 24.01 22.75 21.56 20.44 19.38 18.37 17.41 16.50 15.64 14.82 14.05 13.32 12.63 11.97 11.34 10.75 10.19 9.66 9.16 8.68 37.46 35.51 33.66 31.91 30.25 28.67 27.17 25.75 24.41 23.14 21.93 20.79 19.71 18.68 17.71 16.79 15.92 15.09 14.30 13.55 12.84 12.17 11.53 10.93 10.36 9.82 9.31 8.83 40.21 38.11 36.12 34.24 32.46 30.77 29.17 27.65 26.21 24.84 23.54 22.31 21.15 20.05 19.00 18.01 17.07 16.18 15.34 14.54 13.78 13.06 12.38 11.73 11.12 10.54 9.99 9.47 8.98 43.17 40.92 38.79 36.77 34.85 33.03 31.31 29.68 28.13 26.66 25.27 23.95 22.70 21.52 20.40 19.34 18.33 17.37 16.46 15.60 14.79 14.02 13.29 12.60 11.94 11.32 10.73 10.17 9.64 9.14 46.36 43.94 41.65 39.48 37.42 35.47 33.62 31.87 30.21 28.63 27.13 25.71 24.37 23.10 21.90 20.76 19.68 18.65 17.68 16.76 15.89 15.06 14.28 13.54 12.83 12.16 11.52 10.92 10.35 9.81 9.30 49.79 47.19 44.73 42.40 40.19 38.10 36.11 34.23 32.45 30.76 29.16 27.64 26.20 24.83 23.53 22.30 21.13 20.04 19.00 18.01 17.07 16.18 15.34 14.54 13.78 13.06 12.38 11.73 11.12 10.54 9.99 9.47 53.51 50.72 48.07 45.56 43.18 40.93 38.80 36.78 34.86 33.04 31.32 29.69 28.14 26.67 25.28 23.96 22.71 21.53 20.41 19.35 18.34 17.38 16.47 15.61 14.80 14.03 13.30 12.60 11.94 11.32 10.73 10.17 9.64 57.49 54.49 51.65 48.96 46.41 43.99 41.70 39.53 37.47 35.52 33.67 31.91 30.24 28.66 27.17 25.76 24.42 23.15 21.94 20.79 19.70 18.67 17.70 16.78 15.91 15.08 14.29 13.54 12.83 12.16 11.53 10.93 10.36 9.82 61.80 58.58 55.53 52.64 49.90 47.30 44.83 42.49 40.27 38.17 36.18 34.30 32.51 30.81 29.20 27.68 26.24 24.87 23.57 22.34 21.18 20.08 19.03 18.04 17.10 16.21 15.36 14.56 13.80 13.08 12.40 11.75 11.14 10.56 10.01
* Calendar year of purchase minus calendar year of birth.
THIRD SCHEDULE (Regulation 6) ZAMBIA NATIONAL PROVIDENT FUND DEFERRED ANNUITIES Females
Age* 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 Annual amount of deferred annuity payable for 10 years certain and lifetime thereafter purchased by K100 and commencing at age 50 51 52 53 54 55 56 57 58 59 60 K K K K K K K K K K K 40.86 43.72 46.79 50.13 53.71 57.58 61.79 66.35 71.30 76.67 82.49 38.72 41.44 44.35 47.52 50.91 54.59 58.57 62.89 67.58 72.68 78.19 36.70 34.79 32.98 31.26 29.63 28.09 26.63 25.24 23.92 22.67 21.49 20.37 19.31 18.30 17.35 16.45 15.59 14.77 14.00 13.27 12.58 11.93 11.31 10.72 10.16 9.63 9.13 8.65 8.20 7.77 39.28 37.23 35.29 33.45 31.71 30.06 28.49 27.00 25.59 24.26 23.00 21.80 20.66 19.58 18.56 17.59 16.67 15.80 14.98 14.20 13.46 12.76 12.10 11.47 10.87 10.30 9.76 9.25 8.77 8.31 7.88 42.04 39.85 37.77 35.80 33.93 32.16 30.48 28.89 27.39 25.97 24.62 23.33 22.11 20.96 19.87 18.83 17.85 16.92 16.04 15.20 14.40 13.65 12.94 12.27 11.63 11.02 10.44 9.90 9.39 8.90 8.44 8.00 45.04 42.69 40.46 38.35 36.35 34.45 32.65 30.95 29.34 27.81 26.36 24.99 23.69 22.46 21.29 20.18 19.12 18.12 17.17 16.27 15.42 14.62 13.86 13.14 12.46 11.81 11.19 10.61 10.06 9.53 9.03 8.56 8.12 48.25 45.73 43.34 41.08 38.94 36.91 34.99 33.17 31.44 29.81 28.25 26.78 25.38 24.05 22.80 21.62 20.50 19.43 18.41 17.45 16.54 15.68 14.86 14.08 13.34 12.64 11.98 11.36 10.77 10.21 9.68 9.18 8.70 8.25 51.75 49.05 46.49 44.06 41.76 39.58 37.52 35.57 33.72 31.96 30.29 28.71 27.21 25.79 24.45 23.18 21.97 20.82 19.73 18.70 17.73 16.81 15.94 15.11 14.32 13.57 12.86 12.19 11.55 10.95 10.38 9.84 9.33 8.84 8.38 55.52 52.63 49.89 47.29 44.82 42.48 40.26 38.16 36.17 34.28 32.49 30.80 29.20 27.68 26.24 24.87 23.57 22.34 21.17 20.07 19.03 18.04 17.10 16.21 15.36 14.56 13.80 13.08 12.40 11.75 11.14 10.56 10.01 9.49 8.99 8.52 59.61 56.51 53.57 50.78 48.13 45.62 43.24 40.98 38.84 36.81 34.89 33.07 31.35 29.72 28.17 26.70 25.31 23.99 22.74 21.56 20.44 19.37 18.36 17.40 16.49 15.63 14.82 14.05 13.32 12.62 11.96 11.34 10.75 10.19 9.66 9.16 8.68 64.06 60.72 57.56 54.57 51.73 49.03 46.47 44.04 41.74 39.56 37.50 35.55 33.70 31.94 30.27 28.69 27.20 25.79 24.45 23.17 21.96 20.81 19.72 18.69 17.72 16.80 15.93 15.10 14.31 13.56 12.85 12.18 11.54 10.94 10.37 9.83 9.32 8.84 68.90 65.31 61.90 58.67 55.61 52.71 49.96 47.35 44.88 42.54 40.32 38.22 36.23 34.34 32.55 30.86 29.25 27.72 26.27 24.90 23.60 22.37 21.21 20.11 19.06 18.06 17.12 16.23 15.38 14.58 13.82 13.10 12.42 11.77 11.15 10.57 10.02 9.50 9.01 74.12 70.26 66.60 63.13 59.84 56.72 53.76 50.96 48.31 45.79 43.40 41.13 38.98 36.95 35.03 33.21 31.48 29.84 28.28 26.80 25.40 24.08 22.83 21.64 20.51 19.44 18.42 17.46 16.55 15.69 14.87 14.09 13.36 12.67 12.01 11.38 10.78 10.22 9.69 9.19
* Calendar year of purchase minus calendar year of birth.
THE ZAMBIA NATIONAL PROVIDENT FUND (STATUTORY CONTRIBUTIONS) REGULATIONS
Statutory Instrument 86 of 1995 Title and commencement
1. These Regulations may be cited as the Zambia National Provident Fund (Statutory Contributions) Regulations and shall come into operation on 1st June. 2. A contributing employer, shall for every contributing period, pay into the Fund a statutory contribution in respect of each eligible employee employed by him during every such period at the rate prescribed in the Schedule to these Regulations.
Statutory contribution
Employee's 3. A contributing employer who is required to make a statutory contribution in respect of an employee may deduct the employee's share share of that contribution due from him to that employee at the rate prescribed in the Schedule to these Regulations.
SCHEDULE
(Regulations 2 and 3) ZAMBIA NATIONAL PROVIDENT FUND
TABLE FOR EMPLOYEES PAID WEEKLY

The normal rate of statutory contribution for each kwacha of wages paid (rounded off to the nearest kwacha is 7 per cent of rounded wages paid). The rate of employee's share is 3.5 per cent of rounded wages paid (50 per cent of statutory contribution) at each level. The ceiling of statutory contribution is K37,500 per week. (Wages are to be rounded to the nearest kwacha before using this table.) Rounded wages paid K 3,750.00 4,250.00 4,750.00 5,250.00 5,750.00 Statutory contribution K 262.50 297.50 332.50 367.50 402.50 Employee's share K 131.25 148.75 166.25 183.75 201.25
6,250.00 6,750.00 7,250.00 7,750.00 8,250.00 8,750.00 9,250.00 9,750.00 10,250.00 10,750.00 11,250.00 11,750.00 12,250.00 12,750.00 13,250.00 13,750.00 14,250.00 14,750.00 15,250.00 15,750.00 16,250.00 16,750.00 17,250.00 17,750.00 18,250.00 18,750.00 19,250.00 19,750.00 20,250.00 20,750.00 21,250.00 21,750.00 22,250.00 22,750.00 23,250.00 23,750.00 24,250.00 24,750,00 25,250.00 25,750.00 26,250.00 26,750.00 27,250.00 27,750.00 28,250.00 28,750.00
437.50 472.50 507.50 542.50 577.50 612.50 647.50 682.50 717.50 752.50 787.50 822.50 857.50 892.50 927.50 962.50 997.50 1,032.50 1,067.50 1,102.50 1,137.50 1,172.50 1,207.50 1,242.50 1,277.50 1,312.50 1,347.50 1,382.50 1,417.50 1,452.50 1,487.50 1,522.50 1,557.50 1,592.50 1,627.50 1,662.50 1,697.50 1,732.50 1,767.50 1,802.50 1,837.50 1,872.50 1,907.50 1,942.50 1,977.50 2,012.50
218.75 236,25 253.75 271.25 288.75 306.25 323.75 341.25 358.75 376.25 393.75 411.25 428.75 446.25 463.75 481.25 498.75 516.25 533.75 551.25 568.75 586.25 603.75 621.25 638.75 656.25 673.75 691.25 708.75 726.25 743.75 761,25 778.75 796.25 813.75 831.25 848.75 866.25 883.75 901.25 918.75 936.25 953.75 971.25 988.75 1,006.25
29,250.00 29,750.00 30,250.00 30,750.00 31,250.00 31,750.00 32,250.00 32,750.00 33,250.00 33,750.00 34,250.00 34,750.00 35,250.00 35,750.00 36,250.00 36,750.00 37,250.00 37,750.00
2,047.50 2,082.50 2,117.50 2,152.50 2,187.50 2,222.50 2,257.50 2,292.50 2,327.50 2,362.50 2,397.50 2,432.50 2,467.50 2,502.50 2,537.50 2,572.50 2,607.50 2,642.50
1,023.75 1,041.25 1,058.75 1,076.25 1,093.75 1,111.25 1,128.75 1,146.25 1,163.75 1,181.25 1,198.75 1,216.25 1,233.75 1,251.25 1,268.75 1,286.25 1,303.75 1,321.25
TABLE FOR EMPLOYEES PAID FORTNIGHTLY

The normal rate of statutory contribution for each kwacha of wages paid (rounded off to the nearest kwacha is 7 per cent of rounded wages paid). The rate of employee's share is 3.5 per cent of rounded wages paid (50 per cent of statutory contribution) at each level. The ceiling of statutory contribution is K75,000 per week. (Wages are to be rounded to the nearest kwacha before using this table.) Rounded wages paid K 7,500.00 8,000.00 8,500.00 9,000.00 9,500.00 10,000.00 10,500.00 11,000.00 11,500.00 12,000.00 12,500.00 13,000.00 13,500.00 14,000.00 14,500.00 15,000.00 Statutory contribution K 525.00 560.00 595.00 630.00 665.00 700.00 735.00 770.00 805.00 840.00 875.00 910.00 945.00 980.00 1,015.00 1,050.00 Employee's share K 262.50 280.00 297.50 315.00 332.50 350.00 367,50 385.00 402.50 420.00 437.50 455.00 472.50 490.00 507.50 525.00
15,500.00 16,000.00 16,500.00 17,000.00 17,500.00 18,000.00 18,500.00 19,000.00 19,500.00 20,000.00 20,500.00 21,000.00 21,500.00 22,000.00 22,500.00 23,000.00 23,500.00 24,000.00 24,500,00 25,000.00 25,500.00 26,000.00 26,500.00 27,000.00 27,500.00 28,000.00 28,500.00 29,000.00 29,500.00 30,000.00 30,500.00 31,000.00 31,500.00 32,000.00 32,500.00 33,000.00 33,500.00 34,000.00 34,500.00 35,000.00 35,500.00 36,000.00 36,500.00 37,000.00 37,500.00 38,000.00
1,085.00 1,120.00 1,155.00 1,190.00 1,225.00 1,260.00 1,295.00 1,330.00 1,365.00 1,400.00 1,435.00 1,470.00 1,505.00 1,540.00 1,575.00 1,610.00 1,645.00 1,680.00 1,715.00 1,750.00 1,785.00 1,820.00 1,855.00 1,890.00 1,925.00 1,960.00 1,995.00 2,030.00 2,065.00 2,100.00 2,135.00 2,170.00 2,205.00 2,240.00 2,275.00 2,310.00 2,345.00 2,380.00 2,415.00 2,450.00 2,485.00 2,520.00 2,555.00 2,590.00 2,625.00 2,660.00
542.50 560.00 577.50 595.00 612.50 630.00 647.50 665.00 682.50 700.00 717.50 735.00 752,50 770.00 787.50 805.00 822.50 840.00 857.50 875.00 892.50 910.00 927.50 945.00 962.50 980.00 997.50 1,015.00 1,032.50 1,050.00 1,067.50 1,085.00 1,102.50 1,120.00 1,137.50 1,155.00 1,172.50 1,190.00 1,207.50 1,225.00 1,242.50 1,260.00 1,277.50 1,295.00 1,312.50 1,330.00
38,500.00 39,000.00 39,500.00 40,000,00 40,500.00 41,000.00 41,500.00 42,000.00 42,500.00 43,000.00 43.500.00 44,000.00 44,500.00 45,000.00 45,500.00 46,000.00 46,500.00 47,000.00 47,500.00 48,000.00 48,500,00 49,000.00 49,500.00 50,000.00 50,500.00 51,000.00 51,500.00 52,000.00 52,500.00 53,000.00 53,500.00 54,000.00 54,500.00 55,000.00 55,500.00 56,000.00 56,500.00 57,000.00 57,500.00 58,000.00 58,500.00 59,000.00 59,500.00 60,000.00 60,500.00 61,000.00
2,695.00 2,730.00 2,765.00 2,800.00 2,835.00 2,870.00 2,905.00 2,940.00 2,975.00 3,010.00 3,045.00 3,080.00 3,115.00 3,150.00 3,185.00 3,220.00 3,255.00 3,290.00 3,325.00 3,360,00 3,395.00 3,430.00 3,465.00 3,500.00 3,535.00 3,570.00 3,605.00 3,640.00 3,675.00 3,710.00 3,745.00 3,780.00 3,815.00 3,850.00 3,885.00 3,920.00 3,995.00 3,990.00 4,025.00 4.060.00 4,095.00 4,130.00 4,165.00 4,200.00 4,235.00 4,270.00
1,347.50 1,365.00 1,382.50 1,400.00 1,417.50 1,435.00 1,452.50 1,470.00 1,487.50 1,505.00 1,522.50 1,540.00 1,557.50 1,575.00 1,592.50 1,610.00 1,627.50 1,645.00 1,662.50 1,680.00 1,697.50 1,715.00 1,732.50 1,750.00 1,767.50 1,785.00 1,802.50 1,820.00 1,837.50 1,855.00 1,872.50 1,890.00 1,907.50 1,925.00 1,942.50 1,960.00 1,977.50 1,995.00 2,012.50 2,030.00 2,047.50 2,065.00 2,082.00 2,100.00 2,117.50 2,135.00
61,500.00 62,000.00 62,500.00 63,000.00 63,500.00 64,000.00 64,500.00 65,000.00 65,500.00 66,000.00 66,500.00 67,000.00 67,500.00 68,000.00 68,500.00 69,000.00 69,500.00 70,000.00 70,500.00 71,000.00 71,500.00 72,000.00 72,500.00 73,000.00 73,500.00 74,000.00 74,500.00 75,000.00
4,305.00 4,340.00 4,375.00 4,410.00 4,445.00 4,480.00 4,515.00 4,550.00 4,585.00 4,620.00 4,655.00 4,690.00 4,725.00 4,760.00 4,795.00 4,830.00 4,865.00 4,900.00 4,935.00 4,970.00 5,005.00 5,040.00 5,075.00 5,110.00 5,145.00 5,180.00 5,215.00 5,250.00
2,152.50 2,170.00 2,187.50 2,205.00 2,222.50 2,240.00 2,257.50 2,275.00 2,292.50 2,310.00 2,327.00 2,345.00 2,362.50 2,380.00 2,397.50 2,415.00 2,432.50 2,450.00 2,467.50 2,485.00 2.502.50 2,520.00 2,537.50 2,555.00 2,572.50 2,590.00 2,607.50 2,625.00
TABLE FOR EMPLOYEES PAID MONTHLY

The normal rate of statutory contribution for each kwacha of wages paid (rounded off to the nearest kwacha is 7 per cent of rounded wages paid). The rate of employee's share is 3.5 per cent of rounded wages paid (50 per cent of statutory contribution) at each level. The ceiling of statutory contribution is K150,000 per week. (Wages are to be rounded to the nearest kwacha before using this table.) Rounded wages paid K 15,000.00 15,500.00 16,000.00 16,500.00 17,000.00 17,500.00 Statutory contribution K 1,050.00 1,085.00 1,120.00 1,155.00 1,190.00 1,225.00 Employee's share K 525.00 542.50 560.00 577.50 595.00 612.50
18,000.00 18,500.00 19,000.00 19,500.00 20,000.00 20,500.00 21,000.00 21,500.00 22,000.00 22,500.00 23,000.00 23,500.00 24,000.00 24,500,00 25,000.00 25,500.00 26,000.00 26,500.00 27,000.00 27,500.00 28,000.00 28,500.00 29,000.00 29,500.00 30,000.00 30,500.00 31,000.00 31,500.00 32,000.00 32,500.00 33,000.00 33,500.00 34,000.00 34,500.00 35,000.00 35,500.00 36,000.00 36,500.00 37,000.00 37,500.00 38,000.00 38,500.00 39,000.00 39,500.00 40,000,00 40,500.00
1,260.00 1,295.00 1,330.00 1,365.00 1,400.00 1,435.00 1,470.00 1,505.00 1,540.00 1,575.00 1,610.00 1,645.00 1,680.00 1,715.00 1,750.00 1,785.00 1,820.00 1,855.00 1,890.00 1,925.00 1,960.00 1,995.00 2,030.00 2,065.00 2,100.00 2,135.00 2,170.00 2,205.00 2,240.00 2,275.00 2,310.00 2,345.00 2,380.00 2,415.00 2,450.00 2,485.00 2,520.00 2,555.00 2,590.00 2,625.00 2,660.00 2,695.00 2,730.00 2,765.00 2,800.00 2,835.00
630.00 647.50 665.00 682.50 700.00 717.50 735.00 752,50 770.00 787.50 805.00 822.50 840.00 857.50 875.00 892.50 910.00 927.50 945.00 962.50 980.00 997.50 1,015.00 1,032.50 1,050.00 1,067.50 1,085.00 1,102.50 1,120.00 1,137.50 1,155.00 1,172.50 1,190.00 1,207.50 1,225.00 1,242.50 1,260.00 1,277.50 1,295.00 1,312.50 1,330.00 1,347.50 1,365.00 1,382.50 1,400.00 1,417.50
41,000.00 41,500.00 42,000.00 42,500.00 43,000.00 43.500.00 44,000.00 44,500.00 45,000.00 45,500.00 46,000.00 46,500.00 47,000.00 47,500.00 48,000.00 48,500,00 49,000.00 49,500.00 50,000.00 50,500.00 51,000.00 51,500.00 52,000.00 52,500.00 53,000.00 53,500.00 54,000.00 54,500.00 55,000.00 55,500.00 56,000.00 56,500.00 57,000.00 57,500.00 58,000.00 58,500.00 59,000.00 59,500.00 60,000.00 60,500.00 61,000.00 61,500.00 62,000.00 62,500.00 63,000.00 63,500.00
2,870.00 2,905.00 2,940.00 2,975.00 3,010.00 3,045.00 3,080.00 3,115.00 3,150.00 3,185.00 3,220.00 3,255.00 3,290.00 3,325.00 3,360,00 3,395.00 3,430.00 3,465.00 3,500.00 3,535.00 3,570.00 3,605.00 3,640.00 3,675.00 3,710.00 3,745.00 3,780.00 3,815.00 3,850.00 3,885.00 3,920.00 3,955.00 3,990.00 4,025.00 4.060.00 4,095.00 4,130.00 4,165.00 4,200.00 4,235.00 4,270.00 4,305.00 4,340.00 4,375.00 4,410.00 4,445.00
1,435.00 1,452.50 1,470.00 1,487.50 1,505.00 1,522.50 1,540.00 1,557.50 1,575.00 1,592.50 1,610.00 1,627.50 1,645.00 1,662.50 1,680.00 1,697.50 1,715.00 1,732.50 1,750.00 1,767.50 1,785.00 1,802.50 1,820.00 1,837.50 1,855.00 1,872.50 1,890.00 1,907.50 1,925.00 1,942.50 1,960.00 1,977.50 1,995.00 2,012.50 2,030.00 2,047.50 2,065.00 2,082.00 2,100.00 2,117.50 2,135.00 2,152.50 2,170.00 2,187.50 2,205.00 2,222.50
64,000.00 64,500.00 65,000.00 65,500.00 66,000.00 66,500.00 67,000.00 67,500.00 68,000.00 68,500.00 69,000.00 69,500.00 70,000.00 70,500.00 71,000.00 71,500.00 72,000.00 72,500.00 73,000.00 73,500.00 74,000.00 74,500.00 75,000.00 75,500.00 76,000.00 76,500.00 77,000.00 77,500.00 78,000.00 78,500.00 79,000.00 79,500.00 80,000.00 80,500.00 81,000.00 81,500.00 82,000.00 82,500.00 83,000.00 83,500.00 84,000.00 84,500.00 85,000.00 85.500.00 86,000.00 86,500.00
4,480.00 4,515.00 4,550.00 4,585.00 4,620.00 4,655.00 4,690.00 4,725.00 4,760.00 4,795.00 4,830.00 4,865.00 4,900.00 4,935.00 4,970.00 5,005.00 5,040.00 5,075.00 5,110.00 5,145.00 5,180.00 5,215.00 5,250.00 5,285.00 5,320.00 5,355.00 5,390.00 5,425.00 5,460.00 5,495.00 5,530.00 5,565.00 5,600.00 5,635.00 5,670.00 5,705.00 5,740.00 5,775.00 5,810.00 5,845.00 5,880.00 5,915.00 5,950.00 5,985.00 6,020.00 6,055.00
2,240.00 2,257.50 2,275.00 2,292.50 2,310.00 2,327.00 2,345.00 2,362.50 2,380.00 2,397.50 2,415.00 2,432.50 2,450.00 2,467.50 2,485.00 2.502.50 2,520.00 2,537.50 2,555.00 2,572.50 2,590.00 2,607.50 2,625.00 2,642.50 2,660.00 2,677.50 2,695.00 2,712.50 2,730.00 2,747.50 2,765.00 2,782.50 2,800.00 2,817.50 2,835.00 2,852.50 2,870.00 2,887.50 2,905.00 2,992.50 2,940.00 2,957.50 2,975.00 2,992.50 3,010.00 3,027.50
87,000.00 87,500.00 88,000.00 88,500.00 89,000.00 89,500.00 90,000.00 90,500.00 91,000.00 91,500.00 92,000.00 92,500.00 93,000.00 93,500.00 94,000.00 94,500.00 95,000.00 95,500.00 96,000.00 96,500.00 97,000.00 97,500.00 98,000.00 98,500.00 99,000.00 99,500.00 100,000.00 100,500.00 101,000.00 101,500.00 102,000.00 102,500.00 103,000.00 103,500.00 104,000.00 104,500.00 105,000,00 105,500.00 106,000.00 106,500.00 107,000.00 107,500.00 108,000.00 108,500.00 109,000.00 109,500.00
6,090.00 6,125.00 6,160.00 6,195.00 6,230.00 6,265.00 6,300.00 6,335.00 6,370.00 6,405.00 6,440.00 6,475.00 6,510.00 6,545.00 6,580.00 6,615.00 6,650.00 6,685.00 6,720.00 6,755.00 6,790.00 6,825.00 6,860.00 6,895.00 6,930.00 6,965.00 7,000.00 7,035.00 7,070.00 7,105.00 7,140.00 7,175.00 7,210.00 7,245.00 7,280.00 7,315.00 7,350.00 7,385.00 7,420.00 7,455.00 7,490.00 7,525.00 7,560.00 7,595.00 7,630.00 7,665.00
3,045.00 3,062.50 3,080.00 3,097.50 3,115.00 3,132.50 3,150.00 3,167.50 3,185.00 3,202.50 3,220.00 3,237.50 3,255.00 3,272.50 3,290.00 3,307.50 3,325.00 3,342.50 3,360.00 3,377.50 3,395.00 3,412.50 3,430.00 3,447.50 3,465.00 3,482.50 3,500.00 3,517.50 3,535,00 3,552.50 3,570.00 3,587.50 3,605.00 3,622.50 3,640.00 3,657.50 3,675.00 3,692.50 3,710.00 3,727.50 3,745.00 3,762.50 3,780.00 3,797.50 3,815.00 3,832.50
110,000.00 110,500.00 111,000.00 111,500.00 112,000.00 112,500.00 113,000.00 113,500.00 114,000.00 114,500.00 115,000.00 115,500.00 116,000.00 116,500.00 117,000.00 117,500.00 118,000.00 118,500.00 119,000.00 119,500.00 120.000.00 120,500.00 121,000.00 121,500.00 122,000.00 122,500.00 123,000.00 123,500.00 124,000.00 124,500.00 125,000.00 125,500.00 126,000.00 126,500.00 127,000.00 127,500.00 128,000.00 128,500.00 129,000.00 129,500.00 130,000.00 130,500.00 131,000.00 131,500.00 132,000.00 132,500.00
7,700.00 7,735.00 7,770.00 7,805.00 7,840.00 7,875.00 7,910.00 7,945.00 7,980.00 8,015.00 8,050.00 8,085.00 8,120.00 8,155.00 8,190.00 8,225.00 8,260.00 8,295.00 8,330.00 8,365.00 8,400.00 8,435.00 8,470.00 8,505.00 8,540.00 8,575.00 8,610.00 8,645.00 8,680.00 8,715.00 8,750.00 8,785.00 8,820.00 8,855.00 8,890.00 8,925.00 8,960.00 8,995.00 9,030.00 9,065.00 9,100.00 9,135.00 9,170.00 9,205.00 9,240.00 9,275.00
3,850.00 3,867.50 3,885.00 3,902.50 3,920.00 3,937.50 3,955.00 3,972.50 3,990.00 4,007.50 4,025.00 4,042.50 4,060.00 4,077.50 4,095.00 4,112.50 4,130.00 4,147.50 4,165.00 4,182.50 4,200.00 4,217.50 4,235.00 4,252.50 4,270.00 4,287.50 4,305.00 4.322.50 4,340.00 4,357.50 4,375.00 4,392.50 4,410.00 4,427.50 4,445.00 4,462.50 4,480.00 4,497.50 4,515.00 4,532.50 4,550.00 4,567.50 4,585.00 4,602.50 4,620.00 4,637.50
133,000.00 133,500.00 134,000.00 134,500.00 135,000.00 135,500.00 136,000.00 136,500.00 137,000.00 137,500.00 138,000.00 138,500.00 139,000.00 139,500.00 140,000.00 140,500.00 141,000.00 141,500.00 142,000.00 142,500.00 143,000.00 143,500.00 144,000.00 144,500.00 145,000.00 145,500.00 146,000.00 146,500.00 147,000.00 147,500.00 148,000.00 148,500.00 149,000.00 149,500.00 150,000.00
9,310.00 9,345.00 9,380.00 9,415.00 9,450.00 9,485.00 9,520.00 9,555.00 9,590.00 9,625.00 9,660.00 9,695.00 9,730.00 9,765.00 9,800.00 9,835.00 9,870.00 9,905.00 9,940.00 9,975.00 10,010.00 10,045.00 10,080.00 10,115.00 10,150.00 10,185,00 10,220.00 10,255.00 10,290.00 10,325.00 10,360.00 10,395.00 10,430.00 10,465.00 10,500.00
4,655.00 4,672.50 4,690.00 4,707.50 4,725.00 4,742.50 4,760.00 4,777.50 4,795.00 4,812.50 4,830.00 4,847.50 4,865.00 4,882.50 4,900.00 4,917.50 4,935.00 4,952.50 4,970.00 4,987.50 5,005.00 5,022.50 5,040.00 5,057.50 5,075.00 5,092.50 5,110.00 5,127,50 5,145.00 5,162.50 5,180.00 5,197,50 5,215.00 5,232.50 5,250.00
CHAPTER 274 THE EMPLOYMENT OF YOUNG PERSONS AND CHILDREN TO IMPLEMENT THE INTERNATIONAL LABOUR ORGANISATION CONVENTION ON MINIMUM AGE AND INTERNATIONAL LABOUR ORGANISATION ON THE WORST FORMS OF CHILD LABOUR ACT ARRANGEMENT OF SECTIONS
PART II EMPLOYMENT OF CHILDREN 3. 4. 4A. 4B. 5. Definition of "industrial undertaking" for the purposes of Part II Prohibition of employment of children in industrial undertakings Prohibition of employment of child Prohibition of employment of child in worst form of labour Penalties
PART III EMPLOYMENT OF YOUNG PERSONS 6. III 7. 8. 9. 10. 11. Definition of "industrial undertaking" for the purposes of Part Employees under the age of sixteen years Prohibition of employment of young persons in night work Exception in favour of certain undertakings Exception in cases of emergency Penalties
PART IV EMPLOYMENT OF WOMEN 12. 13. Repealed by Act No. 4 of 1991 Repealed by Act No. 4 of 1991
14. 15. 16. 17.
Repealed by Act No. 4 of 1991 Repealed by Act No. 4 of 1991 Repealed by Act No. 4 of 1991 Repealed by Act No. 4 of 1991
PART V MISCELLANEOUS Section 17A. 17B. 18. 19. 20. Prohibition of Employment of young persons in Employment or work detrimental to health, safety and morals Prohibition of employment of young person in worst form of labour Powers of Labour Officers and police officers Penalty Regulations
CHAPTER 274
THE EMPLOYMENT OF YOUNG PERSONS AND CHILDREN TO IMPLEMENT THE INTERNATIONAL LABOUR ORGANISATION CONVENTION ON MINIMUM AGE AND INTERNATIONAL LABOUR ORGANISATION ON THE WORST FORMS OF CHILD LABOUR ACT
Act No. 10 of 1933 18 of 1936 40 of 1938 49 of 1950 47 of 1963 An Act to regulate the employment of young persons, and children; and 36 of 1967 to provide for matters incidental thereto. 14 of 1989 4 of 1991 [13th April, 1933] 13 of 1994 10 of 2004 Government Notices 233 of 1964 499 of 1964
PART I PRELIMINARY 1. This Act may be cited as the Employment of Young Persons and Children Act. 2. In this Act, unless the context otherwise requiresShort title
Interpretation
"child" means a person under the age of fifteen years; "covered worksite" means any public or private undertaking and includes any commercial, agricultural or domestic worksite and any undertaking in which only members of the same family are employed; "night" means a period of at least eleven consecutive hours, including the interval between ten o'clock in the evening and five o'clock in the morning; worst form of labour includes(a) all forms of slavery and all practices similar to slavery, such as the sale and trafficking of children and young persons, debt bondage, serfdom , forced and compulsory labour and forced or compulsory recruitment of children and young persons for use in armed conflict; (b) the use, procuring or offering of a child or young person for prostitution, production of pornography or for pornographic performances; (c) the use, procuring or offering of a child or a child or a young person for illicit activities, such as the production and trafficking of illegal drugs; and (d) work that by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children or young persons; (e) by the deletion of the definition young person and the substitution therefore of the following: young person means a person aged between fifteen and eighteen years old. "young person" means a person who has ceased to be a child and who is
under the age of eighteen years. (As amended by Act No. 40 of 1938, G.N. 233 of 1964, 36 of 1967, 4 of 1991 and No. 10 of 2004)
PART II EMPLOYMENT OF CHILDREN 3. For the purposes of this Part, "industrial undertaking" includes particularly(a) mines, quarries and other works for the extraction of minerals from the earth; (b) industries in which articles are manufactured, altered, cleaned, repaired, ornamented, finished, adapted for sale, broken up or demolished, or in which materials are transformed, including shipbuilding, and the generation, transformation and transmission of electricity or motive power of any kind; (c) construction, reconstruction, maintenance, repair, alteration or demolition of any building, railway, tramway, harbour, dock, pier, canal, inland waterway, road, tunnel, bridge, viaduct, sewer, drain, well, telegraphic or telephonic installation, electrical undertaking, gaswork, waterwork or other work of construction, as well as the preparation for or laying the foundations of any such work or structure; (d) transport of passengers or goods by road or rail or inland waterway, including the handling of goods at docks, quays, wharves, and warehouses, but excluding transport by hand; (e) cordwood cutting; but does not include commercial or agricultural undertakings. (As amended by Act No. 49 of 1950) 4. (1) No child shall be employed in any public or private industrial undertaking or in any branch thereof. Prohibition of employment of children in industrial undertakings Definition of "industrial undertaking'' for the purposes of Part II
(2) The provisions of this section shall not apply to work done by children in technical schools or similar institutions, provided that such work is approved and supervised by the Permanent Secretary, Ministry
of Education, or some person appointed by him for that purpose. (As amended by Act No. 10 of 2004) 4A. (1) Subject to subsection (2), a child shall not be employed in Prohibition of employment any covered worksite. of child (2) Notwithstanding subsection (1), a child aged between thirteen and fifteen years may be lawfully engaged in light work(a)which is not likely to be harmful to that childs health or development; and (b) is not prejudicial to that childs(i) attendance at an institution of learning; (ii) participation in vocational orientation or training approved by a competent authority or that childs capacity to benefit from the institution received. (3) The provisions of subsection (1) shall not apply to(a) work constituting the participation of the child in artistic performances in accordance with a statutory instrument, issued by the Minister, prescribing(i) the number of hours to be worked; (ii) the conditions in which the work may be undertaken; and (iii) such other matters as the Minister may consider necessary; and (b) work done by a child as part of the childs education provided that such works is approved and supervised by the Permanent Secretary, some other person appointed by the Permanent Secretary for such purpose, or a person in charge of an institution of learning. (4) A person who contravenes the provisions of this section commits an offence and shall be liable on conviction to a fine not exceeding two hundred thousand penalty units or to imprisonment for a term not exceeding three years, or to both. (5) In this section, light work, means such work as the Minister may, by statutory instrument, determine to be light work.
4B. (1) notwithstanding anything in this Act, a child shall not be employed in any type of employment or work, which by its nature Prohibition of or the circumstances in which it is carried out constitutes a worst employment form of labour. of child in worst form of (2) Any person who contravenes subsection (1) commits an labour offence and shall be liable on conviction to a fine not less than two hundred thousand penalty units but not exceeding one million penalty units, or to imprisonment for a term not less than five years but not exceeding twenty-five years, or to both. (As amended by No. 10 of 2004) 5. Every person who contravenes the provisions of this Part shall be Penalties guilty of an offence and shall be liable on conviction thereof to a fine of six hundred penalty units or to imprisonment for three months, or to both. (As amended by Act No. 13 of 1994)
PART III EMPLOYMENT OF YOUNG PERSONS 6. For the purposes of this Part, "industrial undertaking" includes particularly(a) mines, quarries and other works for the extraction of minerals from the earth; (b) industries in which articles are manufactured, altered, cleaned, repaired, ornamented, finished, adapted for sale, broken up or demolished, or in which materials are transformed, including shipbuilding, and the generation, transformation and transmission of electricity or motive power of any kind; (c) construction, reconstruction, maintenance, repair, alteration or demolition of any building, railway, tramway, harbour, dock, pier, canal, inland waterway, road, tunnel, bridge, viaduct, sewer, drain, well, telegraphic or telephonic installation, electrical undertaking, gaswork, waterwork or other work of construction, as well as the preparation for or laying the foundations of any such work or structure; (d) transport of passengers or goods by road or rail or inland waterway, including the handling of goods at docks, quays, wharves, and warehouses, but excluding transport by hand; (e) cordwood cutting; Definition of "industrial undertaking'' for the purposes of Part III
but does not include commercial or agricultural undertakings. (As amended by Act No. 49 of 1950) 7. (1) No person shall employ a young person under the age of sixteen Employees years in an industrial undertaking, unless such young person is eitherunder the age of sixteen years (a) employed under a contract of apprenticeship entered into under the Apprenticeship Act; or (b) in possession of a certificate signed by a Labour Officer authorising such employment. (2) Every employer in an industrial undertaking shall keep a register of all persons under the age of sixteen years employed by him, and of the dates of their births, and shall produce the same for inspection when required to do so by a Labour Officer or police officer of or above the rank of Assistant Inspector. (Act No. 49 of 1950 as amended by Act No. 47 of 1963, G.N. Nos. 233 and 499 of 1964, No. 36 of 1967 and Act No. 10 of 2004) Prohibition of 8. No young person shall be employed at night in any industrial undertaking or in any branch thereof, other than an undertaking in which employment of young persons only members of the same family are employed. in night work 9. The last preceding section shall not be deemed to prohibit persons over the age of sixteen years being employed during the night in the following industrial undertakings or work which, by reason of the nature of the process, is required to be carried on continuously day and night: (a) manufacture of iron and steel: processes in which reverberatory or regenerative furnaces are used, and galvanising of sheet metal or wire (except the pickling process); (b) (c) (d) (e) glass works; manufacture of paper; manufacture of raw sugar; gold mining reduction work. Exception in favour of certain undertakings Cap. 275
10. The provisions of section eight shall not apply to night work of Exception in young persons between the ages of sixteen and eighteen years in cases of cases of
emergency which could not have been controlled or foreseen, which are emergency not of a periodical character and which interfere with the normal working of the industrial undertaking. 11. Every person who contravenes the provisions of this Part shall be Penalties guilty of an offence and shall be liable on conviction thereof to a fine of six hundred penalty units or to imprisonment for three months, or to both. (As amended by Act No. 13 of 1994) PART IV-REPEALED BY ACT NO. 4 OF 1991 EMPLOYMENT OF WOMEN 12. 13. 14. 15. 16. 17. Repealed by Act No. 4 of 1991. Repealed by Act No. 4 of 1991. Repealed by Act No. 4 of 1991. Repealed by Act No. 4 of 1991. Repealed by Act No. 4 of 1991. Repealed by Act No. 4 of 1991.
PART V MISCELLANEOUS 17A. (1) Notwithstanding anything in this Act, but subject to subsection (3), a young person shall not be employed on any type of employment or work which, by its nature or the circumstances in which it is carried out, is likely to jeopardise the health, safety or morals of that young person. Prohibition of employment of young persons in employment or work detrimental to health, safety
and morals (2) The types of employment to which sub-section (3) relates shall be prescribed by the Minister by regulations made under section twenty after consultation with the relevant trade unions and the employers' associations. (3) Notwithstanding sub-sections (1) and (2), the Minister may, in writing, after consultation with the relevant trade unions and employers' associations, authorise the employment of young persons not below the age of sixteen years of age in any type of employment or work prescribed under subsection (2), if satisfied that the health, safety and morals of the young persons are fully protected and that the young persons have received adequate and specific instruction or vocational training in the relevant branch of activity. (4) Notwithstanding subsection (1), an undertaking may employ a young person in work of artistic performance for which express written permission prescribing the number of hours to be worked and the conditions under which the young person shall work has been given by the Minister. 17B. Notwithstanding anything in this Act, a young person shall not be employed in any type of employment or work, which by its nature or the Prohibition of circumstances in which it is carried out constitutes a worst form of employment of young person in labour. worst form of (2) Any person who contravenes subsection (1) commits an offence and labour shall be liable on conviction to a fine of not less than two hundred thousand penalty units, or exceeding one million penalty units, or to imprisonment for a term of not less than five years but not exceeding twenty-five years, or to both. (As amended by Act No. 14 of 1989 and No. 10 of 2004) 18. Any Labour Officer and any police officer of or above the rank of Powers of Assistant Inspector shall have powerLabour Officers (a) at all reasonable times to enter upon any land or premises of any and police officers industrial undertaking affected by the provisions of this Act; (b) to examine, either alone or in the presence of any other person as he thinks fit, with respect to any matter under this Act any person affected by the provisions of this Act; (c) to exercise such other powers as may be necessary for carrying this Act into effect.
(As amended by Act No. 49 of 1950, 47 of 1963 and G.N. 499 of 1964) 19. If any person wilfully hinders or molests any police officer in the exercise of the powers given to him by the last preceding section, he shall be liable on summary conviction to a fine not exceeding six hundred penalty units. (As amended by Act No. 13 of 1994) 20. The Minister may, by statutory instrument, make regulations for all Regulations or any of the purposes following: (a) prescribing the ages under which young persons shall not be employed in particular trades or occupations; (b) generally for carrying into effect the purposes and provisions of this Act. (As amended by G.N. No. 233 of 1964 and 36 of 1967) CHAPTER 275 THE APPRENTICESHIP ACT
Penalty
Section 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. Short title Interpretation Application of Act Repealed by Act No. 56 of 1970 Repealed by Act No. 56 of 1970 Repealed by Act No. 56 of 1970 Controller of Apprenticeship Designation of trades Penalty for employing minors contrary to Act Enticement to leave employment illegal Who may bind himself as apprentice Registration of contracts of apprenticeship Refusal to register contract of apprenticeship
14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28.
Existing contract of apprenticeship Transfer of contracts Suspension of apprentice Rescission of contracts of apprenticeship Modification of contracts of apprenticeship Appeals to Minister Appointment of inspectors Powers of inspectors Secrecy to be observed Regulations Spent Offences Acts or omissions by managers, agents or employees Exemption by Minister Repeal and savings
CHAPTER 275
APPRENTICESHIP
36 of 1964 56 of 1970 An Act to regulate the employment of apprentices in various trades; to 13 of 1994 provide for the registration, transfer, modification and rescission of Government contracts of apprenticeship; to provide for the appointment of inspectors Notice and to specify their powers; to provide for the making of regulations; 497 of 1964 and to provide for matters incidental to or connected with the foregoing. [3rd September, 1965]
1.
This Act may be cited as the Apprenticeship Act.
2. In this Act, unless the context otherwise requires"apprentice" means any person employed under a contract of apprenticeship registered under section twelve or fourteen;
"Controller" means the Controller of Apprenticeship appointed in pursuance of section seven; "designated trade" means any trade designated under subsection (1) of section eight, or, if the Minister has defined any such trade under paragraph (b) or subsection (1) of section eight, such trade as so defined; "employer" means any person who employs any apprentice or who employs or provides work for any minor in any designated trade; "guardian" includes, in the case of a minor who has no guardian, or who has no guardian who is able to assist him, a person who, with the approval of the Controller, acts as or in the place of the guardian of the minor; "industry" includes any class of undertaking and any section or portion of an industry and any group of industries; "inspector" means an inspector appointed under section twenty; "minor" means any person under the age of twenty-one years; "trade" includes any branch of a trade and any group of trades or branches of trades. 3. (1) This Act shall not apply toApplication of Act
(a) any student at a university, university college, technical college or school, specified by the Minister, who works in a designated trade during vacations in order to obtain practical experience; (b) work performed in or in connection with any educational institution approved by the Minister, as part of the education or training of the persons performing it; (c) any person who, having otained a diploma or degree of a university, university college or technical college, works in a designated trade in order to obtain practical experience;
(d) any person who is working in a designated trade as a part of his training as a pupil engineer. 4-6. (Repealed by No. 56 of 1970)
7. (1) The shall be a Controller of Apprenticeship who shall be a public Controller of officer and who shall, subject to the directions of the Minister, exercise Apprentice-ship the powers conferred and carry out the duties imposed on the Controller by this Act or any other law and perform such other duties as the Minister may from time to time assign to him. (2) The Minister may, by Gazette notice, designate such number of public officers as he deems necessary for the purpose of carrying out the provisions of this Act, and the Controller may authorise any officer so designated to perform, subject to his directions, any act which may lawfully be performed by the Controller. Cap. 2 (3) The provisions of the Interpretation and General Provisions Act shall apply to the power of designation under this section as it applies to the power of appointment under any written law. 8. (1) The Minister may, by statutory noticeDesignation of trades
(a) designate any trade included in an industry as a trade in respect of which the provisions of this Act shall apply; (b) define such trade by reference to the work performed therein, the operations of which it is composed or the type or class of premises upon which the work or operations are performed. (2) The Minister may, by statutory notice, vary or revoke any designation made in pursuance of the provisions of subsection (1). 9. (1) No person shall, without the written permission of the Controller, employ in a designated trade any minor who is eligible for service as an apprentice under this Act for a longer period than six months, or for a period which, when added to any period or periods during which such minor has been employed in a trade, exceeds six months, unless a Penalty for employing minors contrary to Act
contract of apprenticeship has been entered into in accordance with this Act: Provided that any employer of an eligible minor shall inform the Controller of the employment of such person within seven days from the date of his employment. (2) The permission of the Controller under subsection (1) may be given in respect of any individual minor or any class of minors or in respect of all minors employed in any particular class of work. (3) Any person dissatisfied with the refusal of the Controller to grant permission under this section may appeal to the Minister within one month of the date on which the decision of the Controller is communicated to him. 10. Any person whoEnticement to leave employment illegal
(a) forces or persuades or endeavours to force or persuade any apprentice to break his contract of apprenticeship; or (b) knowing a minor to be an apprentice, persuades or entices such minor to enter his employment; shall be guilty of an offence and liable to a fine not exceeding one thousand five hundred penalty units or to imprisonment for a period not exceeding six months, or to both.
11. (1) Any person may, subject to and in accordance with the provisions of this Act, bind himself as an apprentice in any designated trade, if he(a) has the qualifications prescribed in respect of the designated trade concerned; (b) has obtained a certificate of physical fitness, appropriate to the needs of the designated trade concerned in the prescribed form; (c) has attained the age prescribed in respect of the designated trade concerned; and
Who may bind himself as apprentice
(d)
is not required by law to attend any school.
(2) If any such person is a minor he shall be assisted by his guardian and, if he is not a minor, he shall not so bind himself, except with the consent of the Controller. (3) Any minor may so bind himself as to complete the period of apprenticeship prescribed in respect of the designated trade concerned, after his majority. 12. (1) No contract of apprenticeship in a designated trade made after the commencement of this Act shall be binding unlessRegistration of contracts of apprenticeship
(a) (b)
it is in the prescribed form; at the time it was entered into it was reduced to writing;
(c) it has been signed by or on behalf of the employer, and by the apprentice, and, in the case of a minor, by his guardian; and (d) it has been registered by the Controller.
(2) The employer shall lodge the contract in the prescribed manner and within one month after the date on which it was entered into with the Controller for registration. 13. (1) Subject to the provisions of section fourteen, the Controller may refuse to register a contract of apprenticeship if in his opinion it is not in the interests of the apprentice to enter into such contract, and he may in reaching a decision have regard, in addition to any other circumstances, to the prospects of the apprentice obtaining employment in the trade concerned at the expiry of the contract. (2) Any party to a contract of apprenticeship who is dissatisfied with the refusal of the Controller to register such contract may appeal to the Minister within one month of the date on which the decision of the Controller is communicated to him. Refusal to register contract of apprenticeship
14. Whenever a trade is designated by the Minister, the following provisions shall apply in respect of any minor employed in that trade: (a) if on the date of the designation the minor is employed under a written contract of apprenticeship entered into before the date of designation(i) the employer shall lodge the contract in the prescribed manner within four months after the date of designation with the Controller for registration; and (ii) the Controller shall register the contract and the provisions of this Act shall apply in respect of the contract or of the minor concerned while he is employed under the contract and for the unexpired period thereof; (b) if on the date of the designation the minor has been employed in that trade continuously during a period of not less than three months immediately before the date of designation without a written contract of apprenticeship, and enters within two months after the date of designation into such a contract with his employer in accordance with the provisions of this Act and with the conditions of apprenticeship applicable to that trade and as nearly as possible in the prescribed form(i) the employer shall lodge the contract within one month after the date upon which it was entered into with the Controller for registration; and (ii) the Controller shall register the contract, and the period during which the minor was employed without a written contract of apprenticeship, or any part thereof, may, with the approval of the Controller, be reckoned as part of the period of apprenticeship prescribed in respect of that trade.
Existing contract of apprenticeship
15. (1) With the consent of the Controller, the rights and obligations of Transfer of any employer under any contract of apprenticeship may be transferred to contracts any person. (2) Subject to the provisions of subsection (4), no such transfer shall be complete until it has been registered by the Controller. (3) The Controller may refuse to register any transfer which, in his
opinion, is not in the interest of the apprentice, and shall refuse to register such transfer if the apprentice has not declared his acceptance of such transfer. (4) If any person is apprenticed to a partnership, his contract of apprenticeship shall not be terminated by reason of the death of retirement of any partner if the business of the partnership is continued by another person or partnership; and the rights and obligations of the employer under the contract shall be deemed to be transferred to the person or partnership continuing the business. (5) Where any person is apprenticed to an individual, a partnership or a company and(a) such individual dies or is adjudged bankrupt; or
(b) the partnership is dissolved or the estates of the partnership and the partners are adjudged bankrupt; or (c) the High Court has approved an arrangement between the company and its creditors or the affairs of the company are being wound up or the company is placed under judicial management; as the case may be, the Controller shall, after consultation with the sub-committee concerned, transfer the rights and obligations of the employer under the contract to another person. (6) If the Controller is unable to transfer such rights and obligations within one month of his becoming aware of such death, bankruptcy, dissolution, arrangement, winding-up or being placed under judicial management, as the case may be, he shall suspend the contract of apprenticeship for a period not exceeding four months, and if at the expiry of such period of suspension the rights and obligations under the contract have not been so transferred, the contract shall be rescinded by the Controller. (7) Where the rights and obligations of the employer under a contract have been transferred to a person or partnership in terms of subsection (4), such person or partnership shall lodge the contract, in the prescribed manner and within one month of the date of such death or retirement, with the Controller for registration of the transfer.
(8) Any employer may, with the consent of the apprentice, apply to the Controller for the suspension of the contract of apprenticeship to enable the apprentice to proceed to any place outside the borders of Zambia for the purpose of receiving training not available within Zambia. The Controller may grant the suspension of such contract for such period and on such conditions as he may specify. (9) Any employer who is dissatisfied with the refusal of the Controller to register the transfer of any contract of apprenticeship may appeal to the Minister within one month of the date on which the decision of the Controller is communicated to him. 16. (1) If an employer is satisfied that an apprentice bound to him by contract under this Act has committed a serious breach of the terms of such contract or of any conditions of apprenticeship applicable to such apprentice, he may forthwith suspend such apprentice. (2) An employer who has suspended an apprentice in accordance with the provisions of subsection (1) shall report the matter in writing to the Controller within seven days of the suspension, and the Controller shall thereupon investigate the circumstances and may confirm or set aside the suspension of the apprentice. (3) If the Controller sets aside the suspension of the apprentice, the employer shall pay to the apprentice any wages withheld from him during the period of suspension. 17. (1) A contract of apprenticeship may be rescinded by mutual agreement of the parties thereto or by the Controller at the instance of any party thereto if he is satisfied that it is expedient so to do. (2) The employer shall give notice to the Controller of the rescission of any contract by mutual agreement of the parties. (3) The Controller shall not rescind any contract of apprenticeship until he has given all parties to the contract an opportunity to be heard by him or to make representations to him in writing. Rescission of contracts of apprenticeship Suspension of apprentice
(4) The Controller shall endorse on the registered copy of the contract of apprenticeship the fact that the contract has been rescinded. 18. (1) Whenever it appears that the facts relating to any apprentice are Modification of incorrectly recorded in his contract of apprenticeship and that by reason contracts of thereof prejudice is caused to a party to the contract, the Controller may, apprenticeship if he is satisfied that it is desirable to do so on the application of the prejudiced party and with the consent of the other party to the contract, affix thereto a statement setting out the correct facts and the relative terms of the contract as amended in con-sequence of those facts. (2) Any such statement shall be signed by the Controller and thereafter the relative terms so set out therein shall form part of the contract of apprenticeship and the Controller shall adjust his records in accordance therewith. 19. (1) On appeal being made to him under the provisions of this Act from a decision of the Controller, the Minister may confirm the Controller's decision or give such other decision as, in his opinion, the Controller ought to have given. (2) No appeal shall lie from a decision of the Minister on an appeal. 20. (1) The Minister may appoint any person to be an inspector for the Appointment of purposes of this Act. inspectors (2) Every inspector shall be furnished with a certificate signed by the Minister and stating that he has been appointed as an inspector. 21. An inspector mayPowers of inspectors Appeals to Minister
(a) at any reasonable time enter upon any premises in which he has reasonable cause to believe that an apprentice or minor is employed or is being trained in any designated trade and take with him any interpreter or other assistant or police officer; (b) while he is upon or in the premises, or at any other time, question any person who is or has been in or upon the premises, in the presence of or apart from others;
(c) require from any such person the production then and there or at any time and place fixed by the inspector of any docu-ment being one or more of the records required under this Act to be kept by an employer, or any document relating to such records which is or has been upon or in the premises or in the possession or custody or under the control of any employer by whom the premises are occupied or used, or of any apprentice or minor employed by that employer; (d) at any reasonable time and at any place require from any person who has the possession or custody or control of any such document relating to the business of any person whom he has reasonable cause to believe is or was an employer the production then and there, or at a time and place fixed by the inspector, of that document; (e) examine and make extracts from and copies of all such documents and require an explanation of any entries in any such documents as in his opinion may afford evidence of any offence under this Act; (f) require any apprentice or minor to appear before him at any time and place fixed by the inspector, and then and there question that apprentice or minor provided that the apprentice or minor may at his request be accompanied by a third party during such interrogation and shall be so informed by the inspector; (g) require any employer to make all payments due to any apprentice or minor employed by him, in the presence of the inspector; (h) suspend an apprentice for a period not exceeding fourteen days provided that he shall immediately report such suspension and the circumstances giving rise to it to the Controller. 22. (1) If any person in the exercise of his powers under this Act or in Secrecy to be the performance of his duties in carrying out this Act or by attendance at observed any meeting of the Council or a sub-committee thereof, acquires information relating to the financial affairs, or the secret processes, or the plant or equipment of any other person, firm or business, he shall not, save for the purposes of legal proceedings under this Act, disclose such information to any other person, except(a) to a court of law or to any person who by law is invested with the power to compel the disclosure of such information; or (b) to the Minister or to any person acting in the execution of this Act, in so far as such information may be necessary for the execution thereof.
(2) Any person who contravenes the provisions of this section shall be guilty of an offence, and shall be liable on conviction to a fine not exceeding three thousand penalty units or to imprisonment for a period not exceeding twelve months, or to both. (As amended by Act No. 13 of 1994) 23. (1) The Minister may, on the advice of the Council, by statutory instrument, make regulations for all or any of the following purposes: (i) the qualifications, including age and educational standard required, for apprenticeship in any designated trade; (ii) the registration of contracts of apprenticeship and transfers thereof and the notification of the expiration or cancellation of contracts of apprenticeship; (iii) (iv) the rescinding of contracts of apprenticeship; records to be kept by employers; Regulations
(v) the period of apprenticeship in any designated trade, the reduction in such period which may be allowed, the circumstances in which such reduction may be allowed and the rates according to which wages shall be payable to apprentices in any designated trade; (vi) the circumstances in which the period of apprenticeship may or shall be extended because of sickness or absence of the apprentice or for other cause; (vii) the classes which apprentices shall attend and the number of hours per week, whether within or without their ordinary working hours, during which they shall attend such classes; (viii) the nature and number of the correspondence courses to be followed by apprentices in lieu of or in addition to any classes prescribed under paragraph (vii) and the conditions subject to which such courses may be followed in lieu of classes; (ix) the practical training which employers shall provide for apprentices in their employ; (x) the practical training which may be provided other than by the employer for apprentices in any designated trade; (xi) the number of efficiency tests, examinations or assessments which apprentices shall undergo from time to time; (xii) the maximum number of ordinary working hours which apprentices may be required to work during any week or any day and the hours of any day before or after which and the intervals during which no such apprentice may be required to work;
(xiii) the maximum period of overtime which an apprentice may be required to work; (xiv) the number and duration of paid holidays which shall be allowed to apprentices during any year of apprenticeship; (xv) the circumstances in which employers shall pay the fees in respect of any prescribed technial education classes or courses; (xvi) the fees payable for hostel accommodation while apprentices attend technical education classes and the manner of making payment; (xvii) the circumstances in which travelling expenses may be paid for or by apprentices attending technical education classes and the method of payment; (xviii) the certificates in respect of birth or educational standard which may be demanded in connection with the registration of a contract of apprenticeship; (xix) the number of apprentices in relation to artisans or other instructors who may be employed in any designated trade; (xx) the issue of certificates of apprenticeship; (xxi) the manner and form in which exemptions by the Minister shall be published; (xxii) the circumstances in which a training levy shall be imposed on employers and the method of collection thereof; (xxiii) the transfer or loan of apprentices by one employer to another; (xxiv) the circumstances in which apprentices may be allowed to work short time; (xxv) the circumstances in which an apprentice may transfer from one designated trade to another designated trade and the manner and consequences of such transfer; (xxvi) all matters which by this Act are permitted to be prescribed; (xxvii) generally for the better carrying into effect of the provisions of this Act. (2) Different conditions of apprenticeship may be prescribed under subsection (1) in respect of different classes of employers or apprentices in different designated trades. 24. (Spent)
25. (1) Any employer who contravenes any provision of a contract of Offences apprenticeship or any condition of apprenticeship which is binding upon him shall be guilty of an offence and liable(a) in the case of an offence under this subsection (which does not consist of the failure to make any payment to an apprentice), to a fine not exceeding one thousand five hundred penalty units or to imprisonment for a period not exceeding six months, or to both; (b) in the case of an offence under this subsection which consists of the failure to make any payment to an apprentice, to a fine not exceeding three thousand penalty units or to imprisonment for a period not exceeding twelve months, or to both. (2) Any person who(a) employs a minor contrary to the provisions of section nine:
(b) fails to lodge a contract within the time provided in subsection (2) of section twelve; (c) fails to lodge a contract within the time provided in paragraph (a) (i) or (b) (i) of section fourteen: (d) fails to lodge a contract within the time provided in subsection (7) of section fifteen; (e) falsely holds himself out to be an inspector;
(f) refuses or fails to answer to the best of his knowledge any question which an inspector has put to him in the exercise of his functions under section twenty-one; (g) refuses or fails to comply to the best of his ability with any requirement of an inspector under section twenty-one; (h) hinders an inspector in the performance of his functions under section twenty-one; (i) fails to comply with any conditions imposed under subsection
(3) of section twenty-seven; (j) makes any incorrect statement or entry in any records kept in pursuance of any regulations made under section twenty-three, knowing the same to be incorrect; shall be guilty of an offence and liable on conviction to a fine not exceeding three thousand penalty units, or to imprisonment for a period not exceeding twelve months, or to both. (As amended by Act No. 13 of 1994) 26. (1) Whenever any manager, agent or employee of any employer Acts or does or omits to do any act which it would be an offence under this Act omissions by managers, for the employer to do or omit to do, unless it is proved thatagents or employees (a) in doing or omitting to do that act the manager, agent or employee was acting without the connivance or permission of the employer; (b) all reasonable steps were taken by the employer to prevent any act or omission of the kind in question; and (c) it was not under any condition or in any circumstances within the scope of the authority, or in the course of the employment of the manager, agent or employee to do or omit to do acts, whether lawful or unlawful, of the character of the act or omission charged; the employer shall be presumed himself to have done or omitted to do that act and be liable to be convicted and sentenced in respect thereof, and the fact that he issued instructions forbidding any act or omission of the kind in question shall not, of itself, be accepted as sufficient proof that he took reasonable steps to prevent the act or omission. (2) Whenever any manager, agent or employee of any employer does or omits to do any act which it would be an offence under this Act for the employer to do or omit to do, he shall be liable to be convicted and sentenced in respect thereof as if he were the employer. (3) Any manager, agent or employee may be so convicted and sentenced in addition to the employer.
27. (1) Notwithstanding anything to the contrary in this Act, the Exemption by Minister may, if in his opinion special circumstances exist which justify Minister exemption, by statutory notice, exempt any class, group, section or type of employers or apprentices specified in the notice, either generally or with such restriction as he may deem fit and subject to any conditions he may impose in the notice, from all or any of the provisions of this Act, or from any condition of apprenticeship, and the Minister may, in so specifying any such class, group, section or type, apply any method of differentiation he may deem advisable, other than differentiation on the grounds of the nationality, colour or religion of the employers or apprentices. (2) The Minister may in the same manner cancel or amend any notice published under subsection (1). (3) The Minister may, if in his opinion special circumstances exist which justify exemption, exempt any person, either generally or with such restrictions as he may deem fit, and subject to any conditions he may impose and for such period as he may specify, from all or any of the provisions of this Act, or from any conditions of apprenticeship or from any conditions prescribed in a notice published under subsection (1). (4) A certificate stating that such exemption has been granted and setting out all the conditions of the exemption shall be signed and issued by the Controller. (5) Any exemption granted under subsection (3) may at any time be withdrawn at the discretion of the Minister. 28. The Apprenticeship Act, Chapter 187 of the 1964 Edition of the Laws (hereinafter in this section referred to as the "former Act") is hereby repealed: Provided that(i) a Scheduled trade, as defined in the former Act, shall be deemed to be a designated trade for the purposes of this Act, and the provisions of this Act shall apply accordingly; Repeal and savings
(ii) every Scheduled trade, as defined in the former Act, shall be deemed to have been designated by the Minister under and in accordance with the provisions of section eight immediately after the commencement of this Act; (iii) the provisions of paragraph (a) (i) of section fourteen shall not apply to a written contract of apprenticeship in respect of a Scheduled trade, as defined in the former Act, and the Controller shall register every such contract subsisting immediately after the commencement of this Act, notwithstanding that such contract is not lodged with him in pursuance of the said paragraph.
APPRENTICESHIP
SECTIONS 8 AND 28-DESIGNATION OF TRADES
Notices by the Minister
Government Notices 264 of 1950 258 of 1951 006 of 1952 131 of 1952 253 of 1952 143 of 1953 227 of 1953 329 of 1954 189 of 1955 254 of 1955 005 of 1957 038 of 1957 334 of 1957 132 of 1958 008 of 1960 071 of 1960 138 of 1961 193 of 1961 Statutory Instruments 208 of 1965 312 of 1965
Automobile electrician Automotive fitter\machinist Blacksmith Boilermaker Bookbinder Bricklayer Carpenter Coachbuilder (vehicle) Compositor in the printing trade Diesel fitter Electrician Fitter Fitter and turner Flat stereotyper Instrument mechanic Lead burner Letterpress machine minder Lithographer Mason Motor vehicle mechani Moulder Office appliance mechanic Painter and signwriter Panel beater Patternmaker Plumber Plumber and sheetmetal worke Printer's engineer (general) Process engraver Radio mechanic Radio serviceman Refrigeration mechanic Rigger Rotary stereotyper and machine minder Saw doctor Sheetmetal worker Shopfitter Signal technician Toolmaker Turner\machinist Welder Woodworking machinist SECTION 23-THE REGULATIONS
In all industries and undertakings, and in the service of the Government
APPRENTICESHIP
(CONTRACT) Statutory Instrument
311 Regulations by the Minister on the advice of the National 1965 Apprenticeship Council
of
1. These Regulations may be cited as the Apprenticeship (Contract) Regulations, and shall be read as one with the Apprenticeship Regulations.
Title
2. The educational qualifications required by section eleven of the Act Educational of a person wishing to be bound as an apprentice for a trade specified in qualifications Column A of the First Schedule shall be those indicated opposite thereto in Column B of the First Schedule. 3. The minimum age to be attained in accordance with section eleven Minimum age of the Act by a person wishing to be bound as an apprentice in any trade shall be fifteen years. 4. The length of the period of apprenticeship required to be served by apprentices shall be five years: Provided that an apprentice who passes a trade test to be set in the fourth year of apprenticeship may have a year of such period of apprenticeship remitted in addition to any remission granted for the passing of recognised examinations coupled with demonstrated ability above average in earlier trade tests. Length of apprenticeship
5. The form of the certificate of physical fitness required by subsection Certificate of (1) (b) of section eleven of the Act shall be as set out in the Second physical fitness Schedule.
6. The contract of apprenticeship required to be lodged in accordance with section twelve of the Act shall be in the form set out in the Third Schedule.
Form of contract of apprenticeship
7. The manner of lodging a contract of apprenticeship for registration Lodging or for registration of a transfer of the contract of apprenticeship shall be- contracts of apprenticeship (a) by delivery by hand to the Controller at his office within usual
office hours; or (b) by posting by prepaid registered post an envelope containing the contract addressed to the Controller.
FIRST SCHEDULE
(Regulation 2) Column A Designated Trade Automobile electrician ..
Column B Educational Qualifications .. .. Form II with passes in English, Mathematics and any two other subjects. .. .. .. Form II with passes in English, Mathematics and any two other subjects. .. Grade VII, average rating C. .. Form II with passes in English, Mathematics and any two other subjects. .. Form II with passes in English, Mathematics and any other two subjects. .. Grade VII, average rating C. .. Grade VII, average rating C. .. .. Form II with passes in English, Mathematics and any two other subjects. .. Form II with passes in English, Mathematics trade and any two other subjects. .. Form II with passes in English, Mathematics and any two other subjects. .. Form II with passes in English, Mathematics and any two other subjects. .. Form II with passes in English, Mathematics and any two other subjects. .. .. __________________ .. .. Form II with passes in English, Mathematics and any two other subjects. .. .. Form II with passes in English, Mathematics and any two other subjects. .. Grade VII, average rating C. .. .. .. Form II with passes in English, Mathematics and any two other subjects. .. Form II with passes in English, Mathematics and any two other subjects. .. Grade VII, average rating C. .. .. Form II with passes in English, Mathematics and any two other subjects.
Automotive fitter\machinist Blacksmith .. Boilermaker .. Bookbinder .. .. .. .. .. .. .. .. .. ..
Bricklayer .. .. Carpenter .. .. Coachbuilder (vehicle)
Compositor in the printing.. Diesel fitter .. Electrician Fitter .. .. .. .. .. .. .. .. .. .. .. .. ..
Fitter and turner Flat stereotyper
Instrument mechanic
Lead burner .. .. .. Letterpress machine minder Lithographer .. .. ..
Mason .. .. .. .. Motor vehicle mechanic
Moulder .. .. .. .. Office appliance mechanic.. Painter and signwriter Panel beater .. .. Patternmaker .. .. .. .. ..
Plumber .. .. .. Plumber and sheetmetal worker. Printer's engineer (general) .. .. .. Form II with passes in English, Mathematics and any two other subjects. Process engraver .. .. .. Form II with passes in English, Mathematics and any two other subjects. Radio Mechanic .. .. .. .. Form II with passes in English, Mathematics and any two other subjects. Radio serviceman .. .. .. Refrigeration mechanic .. .. .. Form II with passes in English, Mathematics and any two other subjects. Rigger .. .. .. .. .. Grade VII, average rating C. Rotary stereotyper and machine minder .. Form II with passes in English, Mathematics and any two other subjects. Saw doctor .. .. .. Sheetmetal worker .. .. .. .. Form II with passes in English, Mathematics and any two other subjects. Shopfitter .. .. .. .. Grade VII, average rating C. Signal technician . .. .. .. Form II with passes in English, Mathematics and any two other subjects. Toolmaker .. .. .. .. Form II with passes in English, Mathematics and any two other subjects. Turner\machinist .. .. .. Form II with passes in English, Mathematics and any two other subjects. Welder .. .. .. .. .. Grade VII, average rating C. Woodworking machinist .. .. Grade VII, average rating C.
.. Grade VII, average rating C. .. .. Form II with passes in English, Mathematics and any two other subjects. .. .. Grade VII, average rating C. .. Grade VII, average rating C. .. Form II with passes in English, Mathematics and any two other subjects. .. Grade VII, average rating C.
SECOND SCHEDULE
(Regulation 5) CERTIFICATE OF PHYSICAL FITNESS I certify that I have examined.................................... ........................................................... (name)
and have found him to be physically fit to be employed as an apprentice.................. ............ ................................................................ (Trade) .................................................................................... Medical Practitioner Place:................................................. Date:..................................................
THIRD SCHEDULE
(Regulation 6) ARTICLES OF APPRENTICESHIP
THIS CONTRACT OF APPRENTICESHIP made the................................ ..................... day of .............................................One thousand nine hundred and ............................................................................ BETWEEN ............................................................................................................................ whose registered o at .................................................................................................. and who has a place of business at ......................................................................................... (hereinafter called "the Employer") of the first par and ....................................................................................................................................................................... .............................................................................. born on the ............................................................... day of .........................................................19......... (hereinafter called "the Apprentice") of the second part and ............................................................... the father/mother/and/or guardian of the Apprentice of .......................................................................................................................................................................... (hereinafter called "the Guardian") of the third part. WHEREAS: 1. The Apprentice has attained the age of fifteen years;
2. The Apprentice has been examined by a medical practitioner lawfully registered in Zambia and certified by practitioner to be of a sufficient standard of physical fitness to perform the work of the trade to which he is b 3. The Apprentice has attained the prescribed educational standard; NOW THIS CONTRACT WITNESSETH as follows: 1. The Apprentice of his own free will and with the consent of the Guardian testified by the latter's execution hereby agrees:
(a) To bind himself apprentice to the Employer in the trade or occupation of ..................................................................................................... for the period of apprenticeship of five yea from the ....................................... day of .........................................., 19......... unless the said period shall be s determined or reduced.
(b) To serve faithfully, honestly and diligently the Employer and to obey all lawful and reasonable command requirements of the Employer or those duly placed in authority over him.
(c) Not to disclose or communicate to any person whomsoever any information relating to the business of the
(d) Not to be interested directly or indirectly, either as paid agent or servant, in any business or undertaking ot the Employer, and not to absent himself except in the event of sickness from his employment without permis (e) To attend such courses and classes as he may be directed to attend pursuant to regulations made under the Act.
(f) To reside if so required by the Employer in such accommodation as may be provided by the Employer or b other institution where a course of instruction is conducted and to abide by all rules and regulations made by authority over such accommodation. 2. The Employer hereby agrees with the Guardian and with the Apprentice and each of them severally as foll
(a) To receive and allow to continue the Apprentice as his apprentice during the period of apprenticeship unle period shall be sooner lawfully determined or reduced and during the said period to teach the Apprentice or c Apprentice to be taught the trade or occupation of ................................................ and to provide suitable and experience and training in every part of the trade to which the Apprentice is bound.
(b) To pay to the Apprentice during the said period such wages as may be prescribed by regulations made un Apprenticeship Act. 3. It is further mutually agreed by and between all the parties hereto as follows:
(a) This contract of apprenticeship may with the mutual consent of all parties be transferred to another emplo trade provided that the Controller consents to such transfer and such transfer shall be effected by executing th annexed to this contract by all necessary parties.
(b) If the Employer is satisfied that the Apprentice has committed a serious breach of the terms of this contra condition of apprenticeship, he may forthwith suspend the Apprentice and shall within three days report the m Controller of Apprenticeship.
(c) If the Employer shall commit any serious breach of the terms of this contract, the Apprentice may with the Guardian report the matter to the Controller.
(d) Where for any reason beyond his control the Employer is unable to provide the Apprentice with work or t the full period of his ordinary working hours, the Employer may with the written approval of the Controller e Apprentice on short-time or lend his services to another employer for such period or periods and upon such c wages and otherwise as may be determined by the Controller.
IN WITNESS whereof the contracting parties hereto have hereunder set their hands this ................................. of ..........................................................., 19...... AS WITNESSES: Signed by ................................................ for and on 1. ............................................ behalf of the Employer 2. ............................................ ................................................................... 1. ............................................ 2. ............................................ 1. ............................................ 2. ............................................ Signed by the said ................................................................... Guardian Signed by the said
................................................................... Apprentice REGISTERED at the Office of the Controller of Apprenticeship this .............................. day of ..................... 19........ .................................................................... Controller of Apprenticeship DETAILS OF EXAMINATIONS PASSED Title of Examination Date of passing Signature of Controller of Apprenticeship
DETAILS OF SPECIALISED TRAINING UNDERTAKEN Branch of trade Length of period of Signature of Controller ofx specialisation Apprenticeship Seal of Controller of Apprenticeship
DEDUCTIONS Deduction Granted Reason for Deduction Signature of Controller of Apprenticeship
TRANSFER OF CONTRACT WHEREAS it is agreed, with the consent of the Controller to transfer the rights and obligations of the Employer under this contract to ................................................................ whose registered office is at ............................................................................and who has a place of business at .................................................................................. (hereinafter called "the Transferee"); NOW this Agreement witnesseth as follows: 1. The Employer hereby transfers and assigns the within contract of apprenticeship and all his interest therein and the benefit of all covenants therein to the Transferee for all the residue now unexpired of the within stated period of apprenticeship. 2. The Transferee covenants with the Employer, the Guardian and the Apprentice and each of them severally as follows: (a) to take the Apprentice as his apprentice for the now unexpired residue of the within stated period of apprenticeship unless the said apprenticeship shall be sooner lawfully determined or reduced; (b) that he will observe and perform all the covenants in the within contract of apprenticeship contained on the part of the Employer to be observed and performed in like manner as if he the Transferee were therein named instead of the Employer and will keep
the Employer indemnified accordingly. 3. The Guardian and the Apprentice severally covenant with the said Transferee as follows: (a) that the Apprentice will serve the Transferee as his apprentice in the within stated trade or occupation for the now unexpired residue of the within stated period of apprenticeship unless the said apprenticeship shall be sooner lawfully determined or reduced; (b) that they and each of them will observe and perform all the covenants in the within contract of apprenticeship contained and on their part to be observed in all respects as if the Transferee were therein named instead of the Employer. IN WITNESS WHEREOF the parties hereto have hereunder set their hands this ................................................day of ..........................................................., 19...... AS WITNESSES: Signed by ................................................ for and on behalf of the Employer
1. ............................................ 2. ............................................ ................................................................... 1. ............................................ 2. ............................................ ................................................................... 1. ............................................ 2. ............................................ ................................................................... 1. ............................................ 2. ............................................ ...................................................................
Employer Signed by the said
Guardian Signed by the said
Apprentice Signed by the said
Transferee TRANSFER registered at the Office of the Controller of Apprenticeship this ......................................... day of ..................................................., 19........ ................................................................... Controller of Apprenticeship
RESCISSION OF CONTRACT This contract was, in terms of section 17 (1) of the Apprenticeship Act, rescinded as from the...............................................day of........................................................19......... ................................................................... Controller of Apprenticeship
COMPLETION OF CONTRACT This is to certify that the apprentice named in the Indenture has satisfactorily completed an apprenticeship of ..................... years .................... months ....................days to the trade of............................................................in accordance with the Apprenticeship Act. Dated this...........................................day of..............................................19......... ................................................................... Controller of Appenticeship
THE APPRENTICESHIP REGULATIONS [ARRANGEMENT OF REGULATIONS]
PART I PRELIMINARY
Regulation 1. 2. Title Interpretation
PART II CONTRACTS OF APPRENTICESHIPS

3. 4. 5. 6. 7. 8. 9. 10. Regulations are binding on parties to contract Form of contract Registration of contracts Refusal to register contracts and appeals Registration of transfer of contracts Discharge by agreement or death Discharge by default Discharge by performance
11.
Loan of apprentices
PART III QUALIFICATIONS FOR APPRENTICESHIP

12. 13. Persons who may become apprentices Evidence of age and educational standard
PART IV RECORDS AND RETURNS

14. 15. Records by employers Returns by employers
PART V PERIOD OF APPRENTICESHIP AND WAGES

16. 17. 18. 19. 20. 21. Length of apprenticeship period Yearly progression Reductions in the period of apprenticeship Wages after reduction in period Change of trade Wages
PART VI PRACTICAL TRAINING AND
EFFICIENCY TESTS
Regulation 22. Practical training 23. Reduction in the period of apprenticeship after practical training 24. Assessment of practical skill
PART VII CLASSES AND CORRESPONDENCE COURSES

25. 26. 27. 28. 29. Courses and classes Compulsory correspondence courses Refund of fees Excuses for non-attendance Wages while attending classes
PART VIII HOURS, OVERTIME AND HOLIDAYS

30. 31. 32. 33. 34. 35. 36. 37. Maximum hours of work Night work Overtime Payment for overtime Holidays Leave Wages while on leave Sick leave
PART IX
OFFENCES AND PENALTIES

38. Offences and penalties
SCHEDULE-Certificate of completion of contract SECTION

23-THE
APPRENTICESHIP REGULATIONS
Regulations by the Minister
Statutory Instrument 288 of 1965 Act No. 13 of 1994
PART I PRELIMINARY
1. These Regulations may be cited as the Apprenticeship Regulations. Title 2. In these Regulations, unless the context otherwise requires"block release course" means a course of instruction whereby an apprentice is absent from his normal place of work to undertake a full-time course of one week or more; "contract" means any contract of apprenticeship; "day release course" means a course of instruction whereby an apprentice is absent from his normal place of work to undertake a course of one day's duration or less; "employer" means any person who employs any apprentice or who employs or provides work for any minor in any designated trade; "evening class" means a technical educational class which is held after the hour of five o'clock in the evening; Interpretation
"holidays" means Christmas Day and Good Friday and such other days as by custom or agreement are observed as holidays in the industry in which the apprentice concerned is employed; "wages" means basic wages, but does not include cost of living allowance, climatic allowance, or other payment additional to basic wages.
PART II CONTRACTS OF APPRENTICESHIPS

3. Every contract made after the *commencement of these Regulations Regulations are shall be deemed to include an agreement by the parties thereto that each binding on of them shall comply with the provisions of these Regulations. parties to contract * 3rd September, 1965. 4. (1) There shall be three copies of every contract and each copy shall Form of be signed by or on behalf of the employer and by the apprentice, and, in contract case of a minor, by his guardian. *3rd September, 1965. (2) No contract shall be executed unless prior to the execution thereof an apprentice or his guardian has delivered to an employer the documents in respect of the apprentice's age and educational standard in accordance with sub-regulation (1) of regulation 13. 5. (1) Every employer shall, within one month of the execution of any contract, transmit to the Controller all three copies of the contract together with any documents delivered to him in accordance with sub-regulation (1) of regulation 13. (2) The Controller shall register any contract transmitted to him under Registration of contracts
sub-regulation (1) if he is satisfied that the contract has been executed in accordance with these Regulations, and shall endorse on each copy of the contract a certificate under his hand that the contract has been registered. (3) The Controller shall transmit one copy of the contract registered under sub-regulation (2), together with any other documents referred to in sub-regulation (1), to the apprentice and one copy thereof to the employer and the Controller shall retain in his possession one copy of the contract. 6. (1) The Controller may refuse to register any contract if the provisions of the Act and of these Regulations are not atisfied. Refusal to register contracts and appeals
(2) The Controller shall inform the parties to a contract of his refusal to register any contract and shall transmit to each of them a statement of the grounds for refusal and shall inform the parties of their rights of appeal. (3) Any person who is not satisfied with the refusal to register any contract by the Controller may appeal to the Minister within one month of the date on which the decision of the Controller is communicated to him. 7. The provisions of regulation 5 shall apply mutatis mutandis to any Registration of transfer of the rights and obligations of any employer under any contract transfer of to any other employer. contracts 8. (1) Where any contract is rescinded by mutual agreement of the Discharge by parties thereto, each party shall, by a letter to the Controller, indicate his agreement or agreement to the rescission and at the same time send his copy of the death contract to the Controller who shall endorse upon every copy of the contract the fact that the contract has been rescinded. (2) Every employer shall notify the Controller of the death of an apprentice within a period of one month from the date of such death.
(3) Every apprentice shall notify the Controller of the death of his employer or, if such employer be a partnership or company, of the dissolution or winding-up of the same, within a period of one month from the date of such death, dissolution or winding-up, as the case may be. 9. (1) Where, in the opinion of the Controller, an employer has an insufficient number of journeymen or instructors to train his apprentice in any aspect of his trade, he may order(a) that the contract be rescinded and demand from the employer and apprentice their respective copies of the contract and endorse thereupon the fact of such rescission; or (b) that the apprentice be transferred to such other employer as may be arranged. (2) Before taking action the Controller shall give notice in writing of his intention to act under sub-regulation (1) to an employer and to an apprentice not less than thirty days before such action is taken. (3) Any employer or apprentice to whom notice is given in accordance with sub-regulation (2) may appeal to the Minister within thirty days of the date on which the notice is transmitted to him. (4) If any employer or apprentice to whom notice is given under sub-regulation (2) intimates in writing to the Controller his intention to appeal to the Minister, such intimation shall operate to stay the execution of the intention by the Controller until the appeal is heard by the Minister. (5) The decision of the Minister on hearing an appeal under sub-regulation (4) shall be final and binding on all parties. 10. (1) Where a contract is discharged by performance of all Discharge by obligations thereunder, each party to the contract shall forward the copy performance of the contract in his possession to the Controller. Discharge by default
(2) If the Controller is satisfied that the parties have fulfilled their obligations under the contract and have complied with the provisions of the Act and of these Regulations, he shall endorse on each copy of the contract a certificate in the form set out in the Schedule. 11. (1) The lending of the services of any apprentice by one employer to another employer shall not be permitted unless the apprentice has given his consent, or, in case of a minor, that of his guardian has been given and prior permission for such loan is granted by the Controller. (2) Where, in the opinion of the Controller, an employer is unable to train an apprentice in any particular aspect of his trade, the Controller may, subject to the consent by the apprentice or, in case of a minor, by his guardian, direct such employer to lend the services of his apprentice(a) to another employer who is able and willing to provide the necessary training for such period of time as the Controller may direct; or (b) to any establishment or institution where that particular aspect of the apprentice's training may be given. (3) The loan of services of any apprentice by one employer to another employer, establishment or institution under sub-regulation (1) or (2) shall in no way release the lending employer from his obligations under the contract. Loan of apprentices
PART III QUALIFICATIONS FOR APPRENTICESHIP

12. (1) Notwithstanding anything contained in these Regulations, no contract shall be valid unless prior to its execution an apprentice has attained the age of fifteen years and has attained the required educational standard prescribed by the Minister or has satisfied the Persons who may become apprentices
Controller that he has attained an educational standard equal to or higher than the standard required for the particular trade. (2) The Controller may, in deciding whether or not an apprentice has attained the required educational standard, obtain and may have regard to, but shall not be bound by, the opinion of the Permanent Secretary, Ministry of Education. 13. (1) Prior to the execution of any contract an apprentice shall deliver Evidence of age to his employer evidence of his age and educational standard in such and educational form as the Controller may require. standard (2) The Controller shall not register any contract unless he is satisfied(a) (b) and (c) that an apprentice has attained the age of fifteen years; and that an apprentice has attained the educational standard required;
that the provisions of regulation 4 have been complied with.
PART IV RECORDS AND RETURNS

14. Every employer shall keep in a clear form a full and correct record Records by of the following particulars in respect of every apprentice in his employers employment: (a) (b) full name; name and address of the parent or guardian;
(c) the work performed by him during each period of three months together with a report upon the manner in which he has performed such work during each period of three months by the foreman or, with the approval of an inspector, by any other responsible person under whose supervision such work has been performed; (d) particulars of all wages paid to him;
(e)
particulars of all overtime worked by him;
(f) particulars of all times during which he is absent from his work, whether such absence is due to leave, sickness or otherwise. 15. The Controller may at any time direct an employer to submit a return to the Controller regarding any matter relating to apprenticeship in respect of any apprentice who is or at any time has been in his employment, and every employer shall comply with such direction unless there are reasonable grounds for not doing so. Returns by employers
PART V PERIOD OF APPRENTICESHIP AND WAGES

16. The period of apprenticeship required for any designated trade shall be prescribed by the Minister. Length of apprenticeship period
17. An apprentice shall be presumed to have completed any year of his Yearly apprenticeship and shall, if he has not completed his apprenticeship, be progression permitted to commence the next year of his period of apprenticeship unless(a) an inspector reports to the Controller that the apprentice has not made reasonable progress towards acquiring a proper degree of skill and ability in the trade to which he is bound in accordance with the provisions of sub-regulation (5) of regulation 24; or (b) the principal or head of the college, school or other institution where a course of instruction is conducted reports to the Controller that the apprentice has failed to show reasonable diligence and progress in the course of instruction he is attending or in the correspondence course which he is taking in accordance with sub-regulation (6) of regulation 25. 18. (1) The Controller may make a reduction in any period of apprenticeship and such reduction may be for any period or part of any Reductions in the period of
period(a) during which an apprentice has served in another country as an apprentice in the same trade as that to which he is bound in Zambia; or (b) during which an apprentice has attended a course of instruction at a technical college or other technical institution prior to his indenture under the Act and these Regulations: Provided that no reduction in the period of apprenticeship shall be granted in excess of one-half of the time spent at such technical college or other technical institution. (2) No reduction in a period of apprenticeship shall be made under sub-regulation (1) unless(a) the Controller is satisfied that, having regard to the probability of an apprentice acquiring a proper degree of skill and ability in the trade to which he is bound, the experience he has gained during the period referred to in sub-regulation (1) is not of less value than that which he would have gained had he been employed or trained as an apprentice in Zambia for the same period; and (b) the period referred to in sub-regulation (1) has terminated not more than one year immediately prior to the date on which the apprentice enters into a contract under the Act. (3) The Controller may reduce any period of apprenticeship in respect of any apprentice who has had previous relevant experience and such reduction may be for such period as the Controller may think fit: Provided that the Controller shall not make any reduction unless he is satisfied that such reduction shall in no way prejudice the acquiring by the apprentice of a proper degree of skill and ability in the trade to which he is bound.
apprenticeship
19. (1) For the purpose of calculating the rate at which wages are Wages after payable to an apprentice, any reduction in the period of apprenticeship reduction in made under paragraph (a) of sub-regulation (1) of regulation 18 shall be period deemed to be part of the period of apprenticeship of the apprentice and
to have expired on the day preceding the date of the commencement of the contract. (2) For the purpose of calculating the rate at which wages are payable to an apprentice as a result of a reduction granted under paragraph (b) of sub-regulation (1) of regulation 18 or under sub-regulation (3) of regulation 18, any reduction from the period of apprenticeship shall be deemed to be that part of the apprenticeship period immediately following the date on which the reduction is made. 20. (1) The parties to any contract may at any time, with the approval of Change of trade the Controller, alter or modify the contract by written agreement for the purpose of enabling an apprentice to change the trade to which he is bound to some other designated trade, and such agreement shall, within one month of its execution, be transmitted by the employer with the apprentice's and the employer's copies of the contract to the Controller for endorsement. (2) On receipt of the copies of the contract and the agreement mentioned in sub-regulation (1), the Controller shall endorse the fact of agreement on all copies of the contract and shall return one copy each to the employer and the apprentice. (3) Where, in the opinion of an inspector after consultation with an employer, an apprentice who completes his first year of apprenticeship is not making sufficient progress towards acquiring a proper degree of skill and ability in trade to which he is bound the inspector may, with the approval of the Controller, and with the consent of the apprentice, or, in case of a minor, that of his guardian, arrange for the apprentice to change his trade whereupon the provisions of sub-regulations (1) and (2) shall apply mutatis mutandis. (4) Where an apprentice changes his trade in accordance with sub-regulation (3), an inspector shall assess the apprentice's level of skill and ability in his new trade and shall report to the Controller and the Controller may grant any reduction for previous experience in accordance with sub-regulation (3) of regulation 18. (5) When an agreement has been made in terms of sub-regulation (1) the apprentice shall, for the purposes of these Regulations, be deemed to
have served as an apprentice in the trade mentioned in such agreement since the commencement of his apprenticeship. 21. Subject to the provisions contained in regulations 33 and 34, the Wages wages which every employer shall pay his apprentice under any contract shall be at not less than the following rates: During the first year of the period of apprenticeship .. .. .. .. .. ..
..
15n per hour;
During the year of the period of apprenticeship following the period during which wages are at the rate of 15n per hour .. During the year of the period of apprenticeship following the period during which wages are at the rate of 18n per hour .. During the year of the period of apprenticeship following the period during which wages are at the rate of 22n per hour ..
18n per hour;
22n per hour;
32n per hour;
During the remaining period of the contract
52n per hour.
PART VI PRACTICAL TRAINING AND EFFICIENCY TESTS

22. (1) Subject to sub-regulations (1) and (2) of regulation 11, every employer shall provide for every apprentice employed by him suitable and sufficient training in every aspect of the trade to which the apprentice is bound. (2) The Controller or any inspector may give directions to any employer regarding the work to be performed by any apprentice employed by him and every employer shall comply with any such direction given to him. Practical training
(3) No employer shall be deemed to have failed to comply with any direction given under sub-regulation (2) if he proves that(a) compliance with such direction was not necessary for enabling an apprentice in respect of whom such direction was given to acquire a proper degree of skill and ability in the trade to which he is bound; or (b) having regard to the nature of work performed in the undertaking carried on by the employer, the direction with which he is required to comply is unreasonable. 23. (1) Where an inspector certifies to the Controller that a person who has received practical training has reached a standard of practical proficiency commensurate with the standard that any appentice must reach in such trade in any particular year, the Controller shall consider, without prejudice to the operation of regulation 18, whether or not to grant any reduction in the period of apprenticeship after such person has been properly indentured. (2) The Controller, when considering whether or not to grant a reduction under sub-regulation (1), shall have regard to, but shall not be bound by, the inspector's assessment of the level of practical proficiency attained by such person. 24. (1) Prior to the date on which he has completed his first year, his Assessment of third year or his final year of apprenticeship or at such other times as the practical skill Controller may direct, the practical progress of every apprentice shall be assessed by an inspector or by any person authorised in writing by the inspector. (2) Where any training is given to any apprentice by any person other than the employer, an inspector or any person authorised in writing by the inspector may pay due regard to the assessment of progress of the apprentice made by the person in charge of such training. (3) For the purposes of assessing practical skill under this regulation, an inspector or any person authorised in writing by him may have the aid of such person or persons as he may consider fit and may have regard to the opinion of such person or persons. Reduction in the period of apprenticeship after practical training
(4) An inspector or any person authorised in writing by the inspector may require any apprentice whose progress is being assessed under sub-regulation (1) to carry out in his presence such operations or answer such questions as he may think necessary in order to enable him to make a proper assessment of the apprentice's skill. (5) In respect of every apprentice whose progress is assessed under this regulation, an inspector shall prepare and transmit to the Controller a written report and shall state in such report the manner in which such assessment was made and shall further state whether or not the apprentice has made reasonable progress towards acquiring a proper degree of skill and ability in the trade to which he is bound. (6) Where an inspector reports to the Controller in pursuance of sub-regulation (5) that an apprentice has not made reasonable progress, he shall further state whether the failure of the apprentice to make such progress is due in any respect to any failure on the part of the employer to provide the apprentice with suitable and sufficient training, having regard to all the circumstances of the case.
PART VII CLASSES AND CORRESPONDENCE COURSES

25. (1) The Controller, or any inspector with the approval of the Courses and Controller, may at any time direct any apprentice to attend any course of classes instruction or classes which may include a block release course, a day release course or evening classes or take any correspondence course or any combination of these courses and classes as he may consider desirable for improving the apprentice's knowledge of, and aptitude for, the trade to which he is bound. (2) Subject to the provisions of sub-regulation (3) of regulation 36 and sub-regulation (4) of regulation 37, any direction given to an apprentice under sub-regulation (1) shall be for a course or classes the duration of which does not extend beyond the expiration of the period for which the
apprentice is bound, and the terms of any such direction may be varied at any time by the Controller or, with the approval of the Controller, by the inspector who gave the direction or by any other inspector. (3) Any classes which any apprentice may be directed to attend shall be for not less than four hours and not more than eight hours in any one week and all the classes shall be held during working hours. (4) The provisions of sub-regulation (3) shall not apply to any apprentice attending a block release course or evening classes or any full-time course of instruction. (5) An apprentice shall be deemed to have failed to complete his course if, upon the conclusion of such course of instruction or correspondence course, the principal or head of the college, school or other institution where such a course is conducted or under whose guidance the correspondence course is taken certifies to the Controller that the apprentice has not shown reasonable diligence in relation to such course of instruction or correspondence course. (6) The principal or head of the college, school or other institution where a course of instruction is conducted or under whose guidance a correspondence course is taken shall at the end of each year of the course report to the Controller any apprentice who has not during that year shown reasonable diligence and progress in relation to the course. (7) No employer shall restrain an apprentice from attending any course of instruction which he has been directed to attend under the provisions of sub-regulation (1). 26. Where, in the opinion of the Controller after consultation with the Compulsory principal or head of any technical college, school or other technical correspondence institution, it is not considered practicable for any apprentice to attend courses any block release course, any day release course or evening classes for any reason, the Controller may direct that such apprentice shall take a correspondence course to be specified by him. 27. (1) Any apprentice who completes a course of instruction or a correspondence course of less than one year's duration which he has Refund of fees
been directed to attend or take under sub-regulation (1) of regulation 25 shall be entitled to recover the fees he paid in respect of such course from his employer unless the principal or head of the college, school or other institution where the course of instruction is conducted certifies to the Controller that the apprentice has not shown reasonable diligence in relation to the said course in accordance with sub-regulation (5) of regulation 25. (2) Any apprentice who attends a course of instruction or takes a correspondence course of more than one year's duration which he has been directed to attend under sub-regulation (1) of regulation 25 shall be entitled, on the termination of each year of the course, to recover the fees he paid in respect of that year of the course from his employer unless the principal or head of the college, school or other institution where the course of instruction is conducted reports to the Controller that the apprentice has not shown reasonable diligence in relation to that year of the course in accordance with sub-regulation (6) of regulation 25. (3) Where any fees paid in respect of any course of instruction which an apprentice is directed to attend in accordance with the provisions of sub-regulation (1) of regulation 25 include a charge for board or lodging, his employer shall not be required to refund that charge. 28. Notwithstanding anything contained in regulation 25, an apprentice shall not be deemed to have failed to comply with any direction given under sub-regulation (1) of regulation 25 if he proves that his failure to attend regularly or complete the number of papers required by the principal or head is due to sickness or other reasonable cause. Excuses for non-attendance
29. When any apprentice is absent from his work by reason of Wages while compliance on his part with any direction given to him under attending sub-regulation (1) of regulation 25, his employer shall not make any classes reduction in his wages by reason only of such absence, and during such absence the apprentice shall be deemed for the purposes of calculating the amount of wages due and payable to him to have been engaged upon the work he is employed to do: Provided that, in calculating the period in any one week in respect of which the employer is prohibited from making any reduction in his wages, there shall be excluded and no regard shall be had to any period
spent by the apprentice attending evening classes.
PART VIII HOURS, OVERTIME AND HOLIDAYS

30. Subject to the provisions of regulation 32, no apprentice shall work Maximum or be permitted or required to work for more than forty-eight hours in hours of work any one week. 31. (1) No apprentice shall work or be permitted or required to work during the night. (2) Notwithstanding anything contained in sub-regulation (1), any apprentice may work or be permitted or required to work during the night if his so working is necessary(a) as a matter of emergency to avoid or lessen danger to life or serious danger to property; or (b) to enable him to obtain experience of work which he would not otherwise obtain. (3) Any classes which an apprentice is directed to attend under sub-regulation (1) of regulation 25 shall not constitute work for the purposes of this regulation. (4) For the purpose of this regulation, "night" means the period between six o'clock in the evening and six o'clock in the morning. 32. Any apprentice who completes at least three years of the period of Overtime apprenticeship may work or be permitted or required to work for a period of not more than eight hours in any one week in excess of the period for which he is permitted to work during such week by regulation Night work
30. 33. Any apprentice who works or is permitted or required to work for Payment for any overtime under regulation 32 shall, in addition to any wages payable overtime to him under regulation 21, be paid by his employer additional remuneration in respect of such overtime at rates bearing the same relation to his normal rate of remuneration as the additional remuneration paid to artisans in the employment of the same employer in respect of any overtime bears to the normal remuneration of such artisans. 34. (1) No apprentice shall work or be permitted or required to work on Holidays any holiday. (2) Notwithstanding anything contained in sub-regulation (1), any apprentice may work or be permitted or required to work on any holiday if his so working is necessary(a) as a matter of emergency to avoid or lessen danger to life or serious danger to property; or (b) to enable him to obtain experience of work which he would not otherwise obtain. (3) Notwithstanding anything contained in sub-regulation (1), every apprentice shall be deemed to have worked on any holiday for the purposes of computing the amount of wages due and payable to him by his employer and for the purpose of computing the period of his apprenticeship. (4) When any apprentice works or is permitted or required to perform any work on any holiday under sub-regulation (2), he shall be paid in respect of such work at rates bearing the same relation to his normal rate of remuneration as the additional remuneration paid to artisans in the employment of the same employer in respect of any work performed by them on any holiday bears to the normal remuneration of such artisans. 35. (1) Save as is provided by regulation 34, no apprentice shall be Leave permitted any leave of absence in excess of a total of three days, excluding holidays, during the period of twelve months from the date of
commencement of his apprenticeship. (2) Subject to the operation of sub-regulation (1), an apprentice shall be entitled to twelve working days' leave for each period of twelve months' service. Any holiday, other than a Sunday, falling within a period of leave shall not be included in any leave. (3) The Controller may in his discretion authorise the granting of either paid or unpaid leave in excess of any period of leave granted under sub-regulation (1) or (2). (4) No leave resulting in an apprentice being absent from any course of instruction or evening classes to which he is directed under sub-regulation (1) of regulation 25 shall be granted. (5) The period qualifying for leave shall be calculated from the day suceeding the last day of the latest period of leave taken or, in the case of a first year apprentice, from the date of commencement of contract. 36. (1) For the purpose of calculating wages while on leave, an apprentice shall be deemed to have worked during any period of leave, except when he is granted unpaid leave. (2) Any period of leave taken by any apprentice in accordance with sub-regulation (1) or (2) of regulation 35 shall be counted as working time towards the completion of his period of apprenticeship. (3) Any apprentice to whom any excess leave is granted under sub-regulation (3) of regulation 35 may be required to continue his apprenticeship beyond his contractual period for a time equal to the excess period of leave taken if the Controller shall by writing so require him. 37. (1) When an apprentice is unable to attend his place of work or instruction due to sickness for more than one day, he shall, on production of a certificate signed by a medical practitioner, be granted by his employer not more than twelve days' sick leave in any one calendar year, and during this period his service towards his apprenticeship shall continue. Sick leave Wages while on leave
(2) If any apprentice is absent from work or a course of instruction beyond the period of sick leave granted by his employer in accordance with sub-regulation (1), his employer may at the request of the apprentice grant him any leave to which he is entitled under regulation 35. (3) If an apprentice is absent from work beyond the time of any period of leave due to him, the Controller shall be so informed by the employer and the employer shall notify the Controller immediately the apprentice returns to work. (4) Where an apprentice returns to work after a period of leave taken in accordance with this regulation, the Controller may consider the progress of the apprentice and may, after consultation with the employer, direct that the period of absence, or any part of it, in excess of twelve days be treated as sick leave, or require the apprentice to continue his apprenticeship period beyond his contractual period for all or any part of the excess of time of absence over the period of leave due to him as the Controller may deem fit.
PART IX OFFENCES AND PENALTIES

38. (1) Any person who, without reasonable excuse, fails or refuses to Offences and comply with any of the provisions of these Regulations shall be guilty of penalties an offence and shall be liable to a fine not exceeding seven hundred and fifty penalty units or to imprisonment for a period not exceeding three months, or to both. (2) Any person who, without reasonable excuse, fails or refuses to comply with any direction given under these Regulations shall be guilty of an offence and shall be liable to a fine not exceeding seven hundred and fifty penalty units or to imprisonment for a period not exceeding three months, or to both.
(3) The conviction or acquittal of any person charged with any offence under these Regulations shall in no way affect any civil right or obligation of such person.
SCHEDULE
(Regulation 10) GOVERNMENT OF ZAMBIA THE APPRENTICESHIP ACT
CERTIFICATE OF COMPLETION OF CONTRACT

This is to certify that the apprentice named in the Indenture has satisfactorily completed an apprenticeship of ........................................... years .......................................... months to the trade of .................................................................................................. in accordance with the Apprenticeship Act. Dated this ....................................... .day of .......................................... .............................................................................. Controller of Apprenticeship
CHAPTER 276 THE MINIMUM WAGES AND CONDITIONS OF EMPLOYMENT ACT

Section 1. 2. 3. 4. 5. 6. 7. Short title Interpretation Regulation of wages, etc. Duties of employer Functions of Labour Commissioner and labour officers Recovery of wages Exemption permits
8. 9. 10.
Void agreements Regulations Repeal and savings
CHAPTER 276
MINIMUM WAGES AND CONDITIONS OF EMPLOYMENT
Act No. 25 of 1982 13 of 1994
An Act to repeal and replace the Minimum Wages, Wages Councils and Conditions of Employment Act; to make provision for regulating minimum wage levels and minimum conditions of employment; and to provide for matters connected with or incidental to the foregoing. [21st August, 1982 1. This Act may be cited as the Minimum Wages and Conditions of Employment Act. 2. In this Act, unless the context otherwise requiresShort title
Interpretation
"protected worker" means a worker to whom a statutory order made under this Act applies; "Labour Commissioner" means the person appointed as such under section four of the Employment Act; Cap. 268
"labour officer" shall have the meaning ascribed thereto in section three Cap. 268 of the Employment Act; "wage" includes remuneration of any kind. 3. (1) If the Minister is of the opinion that no adequate provision exists Regulation of for the effective regulation of minimum wages or minimum conditions wages, etc. of employment for any group of workers he may, by statutory order, prescribe-
(a) rates of wages to be paid to workers by the hour, day, week or month; (b) (c) normal hours of work in any day or week; normal working days in any week or month;
(d) rates for any work done in excess of or outside the normal hours of work or the normal working days; (e) rates of paid holidays or any conditions attaching to the granting of such holidays; (f) (g) rates for any piecework; rates of allowance for any food or housing; and
(h) any other matter which in the opinion of the Minister is necessary or expedient to prescribe: Provided that if the group of workers in respect of which a statutory order is to be made is represented by a trade union, no such order shall be made before consulting such trade union. (2) Any person affected by a statutory order made under this section may apply to the Minister for a review of such order. 4. (1) Every employer of a protected worker shall, in respect of such worker, compile and maintain such records of(a) (b) (c) all wages and allowances paid; any benefits given; and any other matter required by the statutory order;
Duties of employer
as are necessary to prove compliance with such statutory order.
(2) Any employer who fails to comply with the provisions of subsection (1) shall be guilty of an offence, and shall be liable, upon conviction, to a fine not exceeding one thousand two hundred and fifty penalty units. (3) Any employer who knowingly makes, causes to be made or allows to be made any record referred to in sub-section (1) which is false in any material particular 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 six months, or to both. (4) Any employer who fails to comply with any statutory order made under this Act 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 six months, or to both. (5) A court before which any employer is charged with an offence under this section may, if it is satisfied that any wage or other payment is due from such employer to any worker, order such employer to pay the same to such worker: Provided that any such order shall not prejudice the right of any worker to recover any wages or other payment by any other proceedings. (As amended by act No. 13 of 1994) 5. (1) For the purpose of securing the due observance of this Act or any statutory order or regulation made hereunder, the Labour Commissioner, and any labour office authorised in writing in that behalf by the Labour Commissioner, shall have power to(a) order the production, for examination, of any record required to be compiled and maintained under section four, and make copies thereof or take extracts therefrom; (b) enter, at all reasonable times, upon any land or premises, other than a private dwelling-house, where any protected worker is employed; and (c) anyinterrogate, either alone or in the presence of any other person,
Functions of Labour Commissioner and labour officers
(i) (ii) (iii)
protected worker; employer of a protected worker; servant or agent of an employer of a protected worker; or
(iv) person in respect of whom there is reason to believe that he belongs, or has belonged, to any of the classes of persons referred to in sub-paragraphs (i), (ii) or (iii). (2) The Labour Commissioner or a labour officer shall not, otherwise than in the performance of his duties under this Act, or for the purpose of any criminal or civil proceedings, disclose any information obtained in exercise of the powers contained in sub-section (1); and shall not, without the consent of the complainant, disclose the source of any complaint made by any person alleging contravention of any provision of this Act or any statutory order made hereunder. (3) Any person contravening the provision of sub-section (2) shall be guilty of an offence and shall be liable, upon conviction, to a fine not exceeding one thousand two hundred and fifty penalty units. (4) Any person who obstructs the Labour Commissioner or any labour officer in the exercise of the powers contained in sub-section (1) shall be guilty of an offence and shall be liable, upon conviction, to a fine not exceeding one thousand two hundred and fifty penalty units. (As amended by act No. 13 of 1994) 6. (1) Where it appears to the Labour Commissioner that(a) any sum is due from an employer to a protected worker by reason of the failure of the employer to comply with any statutory order made under this Act; and (b) it is not possible to recover such sum or any part thereof by means of proceedings under sub-section (5) of section four; and (c) by reason of the neglect of the protected worker to institute any proceedings, it is necessary or expedient for the Labour Commissioner to intervene; he may institute civil proceedings on behalf, and in the name, of the protected worker for the recovery of the sum due.
Recovery of wages
(2) A court before which proceedings are instituted by the Labour Commissioner in exercise of the powers contained in sub-section (1) shall, in addition to any other powers, have the power, for the purposes of ordering costs, to deem the Labour Commissioner to be a party to the proceedings. 7. (1) If the Labour Commissioner is satisfied that a protected worker, Exemption permits or a person desiring to become a protected worker, is affected by any infirmity or physical disablement, he may, subject to such conditions as he thinks fit, issue to such person an exemption permit. (2) If the protected worker, or the person desiring to become a protected worker, referred to in sub-section (1) belongs to a group of workers, of which group a substantial proportion of workers is, in the opinion of the Minister, represented by a trade union, the Labour Commissioner shall not exercise his powers under sub-section (1) before consulting such trade union. (3) An exemption permit issued under sub-section (1) shall, while it is in force and in accordance with its conditions, exempt the employer of its holder from the application, in respect of such holder, of such provisions of this Act, and any statutory order or regulation made hereunder, as is relevant in the particular case. 8. Any agreement which contravenes any of the provisions of this Act, Void agreements or any statutory order or regulation made hereunder, shall be void to the extent of such contravention. 9. The Minister may, by statutory instrument, make regulations prescribing any matter which is necessary for the better carrying out of the provisions of this Act. 10. (1) The Minimum Wages, Wages Councils and Conditions of Employment Act is hereby repealed. (2) Notwithstanding the provisions of sub-section (1), every determination which was, prior to the commencement of this Act, effective in accordance with paragraph (d) of sub-section (3) of section
Regulations
Repeal and savings.
Cap. 506 of the old volumes
eleven of the Minimum Wages, Wages Councils and Conditions of Employment Act shall continue in force until it is revoked or replaced by a statutory order made hereunder.
SECTION 3-MINIMUM WAGES AND CONDITIONS OF EMPLOYMENT (GENERAL) ORDER Order by the Minister
1. This Order may be cited as the Minimum Wages and Conditions of Title Employment (General) Order. 2. (a) (b) (c) This Order shall apply to all employees except employeesof the government of the Republic of Zambia; engaged in domestic service; of District Councils; or Application Cap. 269
(d) in occupations where wages and conditions of employment are regulated through the process of collective bargaining under the Industrial and Labour Relations Act. 3. In this Order, unless the context otherwise requiresInterpretation Cap. 268
"employee" means any person engaged under a contract of service as defined in section three of the Employment Act;
"employer" means any person or firm, co-operative or company who or Cap. 268 which has entered into a contract of service as defined in section three of the Employment Act; "minimum conditions of employment" means minimum terms and conditions of employment which may be offered to an employee; "minimum wages" means the lowest wages which may be paid to an employee; "paid public holiday" means New Year's Day, Good Friday, Easter Sunday, Labour Day, Heroes Day, Unity Day, Independence Day,
Christmas Day and any public holiday declared by the Minister to be a paid public holiday under subsection (4) of section fifteen of the Employment Act; "watchman" means a person employed to watch over or guard any property in or on a building, yard site or any other place. 4. With effect from the date of publication of this Order, the minimum Minimum wages and conditions of wages and conditions of employment shall be as indicated in the employment Schedule to this Order. 5. The Minimum Wages and Conditions of Employment (General) Order, 1995 is hereby revoked.
Revocation of Statutory Instrument No. 171 of 1995
SCHEDULE
(Paragraph 4) 1. (1) The Minimum wages rate excluding any amount paid in lieu of rations, shall be as follows: Category I-K245 per hour for a person engaged as(a) (b) (c) (d) (e) a general worker, not elsewhere specified; a cleaner; a handyman; an office orderly; or watchman/guard. Wages
Category II-K62,000 per month for an employee engaged as a driver. Category III-K65,000 per month for an employee engaged as(a) (b) a clerk; or a receptionist/telephonist.
Category IV-K80,000 per month for an employee engaged as a typist. (2) The monthly rate of wages (irrespective of the numbers of hours worked excluding any amount paid in lieu of ration) to be paid to a watchman or a guard shall be two hundred and eight times the hourly rate specified in Category I. 2. (1) The wages or any benefit enjoyed by an employee shall not be reduced or altered General
adversely as a result of the application of this Order. (2) Where, prior to the application of this Order, an employee was in receipt of a wage in excess of the minimum rate of pay, the employee shall retain such wage rate and in addition such wage shall be increased by K20,000 which will allow identical credit, for length of service or experience or both, which the employee earned in that employee's existing wage rate at the date of coming into force of this Order. (3) No employee shall suffer any reduction in pay upon transfer from a lower rate of pay to a higher one. (4) Where a contract of service is for a period of less than a complete month, a watchman or a guard shall be paid a rate not less than one-thirtieth of the monthly rate of wages for each day of the contract period. (5) An employee required to work between the hours of 1900 hours and 0600 hours shall be paid an hourly rate of pay in categories I and II in addition the employee shall be paid an hourly rate of twelve kwacha and fifty ngwee shift differential for each hour worked between those hours.
provisions
3. The normal weekly hours of work for any employee shall not exceed forty-eight hours. Hours of work 4. (1) An employee who works in excess of forty-eight hours in a week shall be paid at one and half times the employee's hourly rate of pay. (2) An employee who works on a paid public holiday or on a Sunday where a Sunday does not form a part of the normal working week shall be paid at double the employee's hourly rate of pay. (3) To calculate the hourly rate of pay in a month, the actual amount received by the employee in basic wages for that month shall be divided by two hundred and eight hours. (4) The provisions of sub-paragraphs (1) and (2) shall not apply to a watchman or a guard. Annual 5. An employer shall grant leave of absence on full pay to an employee at the rate of two leave days per month, subject to, and in accordance with, the following conditions: (a) except on termination of the employee's service, an employee shall be entitled to leave only on the completion of six months' continuous service with that employer; (b) paid public holidays and Sundays shall not be included when computing such period of leave; and (c) the employer shall have the right to give reasonable consideration to the exigencies and interests of the business of the employer in agreeing to the dates when such leave may be taken. 6. (1) An employee who is unable to execute normal duties due to illness or accident not Paid occasioned by the default of the employee shall on production of medical certificate from a sick leave registered medical practitioner or medical institution designated by the employer, be granted paid sick leave at the following rates:
(a) (b)
at full pay during the first three months; and thereafter at half pay for the next three months:
Provided that if the employee has not recovered from illness or accident after six months from the date of illness or accident, the employer may on the recommendation of a registered medical practitioner or medical institution designated by the employer, discharge the employee, whereupon the entitlement to sick leave shall cease. (2) A female employee shall be granted leave of absence without loss of pay to enable her to nurse her sick child who has been hospitalised, if due to nature of illness the child requires special attention: Provided that an employer may, before granting such leave, require the employee to produce certificate from a medical institution recommending that the leave be granted. (3) Days taken as leave under sub-paragraph (2) shall not be deducted from the employee's accrued leave days. 7. (1) A female employee shall be granted ninety days paid maternity leave on production of a medical certificate as to her pregnancy signed by a registered medical practitioner or medical institution, subject to completion of two years of continuous service from the date of first engagement or since the last maternity leave was taken. (2) The maternity leave shall be additional to any other leave to which the employee may be entitled. (3) Where, by reason of illness arising out of pregnancy, a female employee becomes incapacitated of performing her normal duties, she shall be entitled to sick leave in accordance with paragraph 6 of this Schedule. (4) No employer shall terminate the services of a female employee, or impose any other penalty or disadvantage upon such employee within six months after delivery, for reasons connected with such employee's pregnancy. 8. An employee who has served with an employer for not less than ten years and has attained the age of fifty-five years, shall be entitled to three months basic pay for each completed year of service: Provided that where an employer has established a pension scheme approved by the Minister, the retirement benefits shall be paid in accordance with such pension scheme, and this paragraph shall not apply. 9. An employee who retires in agreement with the employer before attaining the age of Early fifty-five years shall be paid retirement benefits in accordance with paragraph 8 of this retirement Schedule. 10. An employee whose employment is terminated on medical grounds as certified by a Medical registered medical practitioner or by a medical institution shall be entitled to benefits in discharge accordance with paragraph 8 of this Schedule. Retirement benefits Maternity leave
11. Where an employee's contract of service is terminated by reason of redundancy, the Redundancy employee shall be entitled to at least one month's notice and redundancy benefits of not benefits less than two month's basic pay for each completed year of service. 12. An employee, together with the family of the employee. shall be transported by the employer to the employee's place of recruitment or paid a repatriation allowance by the employer equal to the current cost of travelling by public transport, and the most direct route to the employee's place of recruitment if the employee(a) (b) (c) is discharged on medical grounds; is declared redundant; retires; or Repatriation benefits
(d) dies in service, in which case the benefits shall accrue to the family of the deceased employee. 13. In the event of the death of an employee, spouse or registered child the employer shall Funeral provide the following in the form of a funeral grant: assistance (a) (b) (c) standard coffin; fifty thousand kwacha cash; and one 50 kilogramme bag of mealie meal.
14. An employee whose duty station is beyond three kilometre radius from his area of Transport residence shall be paid a monthly allowance of ten thousand kwacha for transport expenses allowance unless the employer provides transport to that employee. 15. An employee shall be entitled to lunch allowance of ten thousand kwacha per month Lunch unless the employer provides a canteen at which the employee may obtain wholesome allowance and adequate meals, provided free of charge. SECTION 3-MINIMUM WAGES AND CONDITIONS OF EMPLOYMENT (SHOP WORKERS) ORDER Regulations by the Minister Statutory Instrument 120 of 1997
1. This Order may be cited as the Minimum Wages and Conditions of Title Employment (Shop Workers) Order. 2. This Order shall apply to all employees employed in a shop or in connection with the business of any shop but shall not apply toApplication
(a) a person employed in or in connection with the motor trade industry or the petroleum industry; (b) a person employed-
(i) in a bazaar or sale of work for charitable or other purposes from which no private profit is derived; (ii) (iii) in the hawking of newspapers; in the running of coffee stores;
(iv) in the sale, on behalf of a bona fide farmer or market gardener or any land occupied by him, nor in the hawking of agricultural produce nor in the hawking of produce on behalf of the persons aforesaid; (c) (d) (i) (ii) a person who holds a hawker's licence; a person employed inthe manufacture of bread or bread stuff; the reception, storage and treatment of fresh milk products;
(iii) the reception, storage and treatment of fish, meat, poultry, game, fruit and other perishable foods stuffs; (iv) the printing of newspapers;
(v) the delivery of ice to hospital and nursing institutions during the day or at night; or (vi) a person who sells before midnight any programmes, catalogues, or refreshments in a theatre, concert hall or other places of amusement during any performance. 3. In this Order, unless the context otherwise requiresInterpretation
"assistant bicycle assembler" means an employee who(i) assembles perambulators, go-carts, scooters, express wagons, cans or any wheeled vehicles or toys propelled by hand or by foot,
where the assembling does not involve the adjustment of precision bearings, chains or built-in wheels or the setting and tightening of spokes; or (ii) under general supervision, assembles bicycles from semi-knocked down units or any component parts, where the assembling does not involve truing of bicycle wheels, the final adjustment of precision bearing chains or built-in wheels or the setting and tightening of spokes; "assistant clerk" means an employee engaged in clerical work who has three years experience and whose education qualification is Grade 9; "assistant despatch clerk" means an employee who, under the supervision of, and subject to checking by, a despatch clerk makes up, packs or dispatches goods received or held in stock for despatch or who checks or weights packages and who may in addition mark or address packages; "bicycle assembler" means an employee who assembles or carries out the following operations(a) truing bicycle wheels or making final adjustments to assembled bicycles; or (b) adjusting precision bearing, chains or built-in wheels or setting and tightening spokes; "book-keeper" means a qualified book-keeper who records financial transactions and prepares a trial balance; "check-out operator" means an employee engaged in operating a check-out point in a self-service type of shop; "credit controller" means an employee who scrutinises debtors' and creditors' accounts and who exerts credit control over accounts; "despatch clerk" means an employee who receives goods into or from a store warehouse or from a department for despatch and makes consignment notes and does filing of despatch documents; "employee" means a person employed in a shop or in connection with the business of a shop and who has entered into a works under a contract of service whether oral or written and whether express or implied but
excludes an apprentice; "employer" means a person who engages an employee to work for him, under a contract of service, whether oral or written and whether express or implied, in a shop, or in connection with the business of a shop; "handyman" means an employee who makes minor repairs or adjustments to machinery, plant or other equipment and makes minor repairs or renovations to, or undertakes maintenance work on buildings owned or occupied by his employer; "ledgerclerk" means an employee who posts ledgers unassisted and maintains control account; "machine operator" means an employee who operates an accounting machine, comptometer or bookkeeping machine but does not include the operator of a duplicating machine, typewriter, addressing machine, cash register, folding machine or calculating machine; "orderman" means an employee engaged in an office-to-office or private house-to-house round, inviting, soliciting or canvassing orders from persons for the supply to them of goods for their use or consumption, and who(a) collects money on behalf of his employer; or (b) takes orders from other persons; and for the purpose of this definition, "house" includes a residential flat or boarding house; "packer" means an employee who breaks down bulk packages, re-packs or re-bottles goods before they are offered for sale in a shop or prepares or pre-packs foodstuffs; "part-time employee" means any person employed on permanent basis who works fewer hours than normal regulated hours but does not exceed five hours daily; "punch card machine operator verifier" means an employee who is engaged in punching or verifying cards for use in an automatic tabulating machine; "sales assistant" means an employee engaged in attending to customers in a shop but who does not completely effect credit sale or register cash
received; "sales person" means a person employed in a shop to(a) attend to customers in a shop for the purpose of completely effecting a sale; (b) (c) display goods; or keep and control stock;
"shelf packer (self-service)" means an employee who replenishes stock on display in a self-service shop and is responsible for price marking on goods; "shop" includes any building or portion of a building, structure, room, market stall, tent, booth, vehicle or place used for sale of goods, merchandise or samples and includes a hairdresser and barber saloon (whether or not such saloons are used for the sale of goods or merchandise or for the display of samples) but does not include a hotel, motel, inn, boarding house, restaurant, tea-room or any other premises used for the sale or preparation of food or drinks consumed on such premises, or any place licensed to sell intoxicating liquor or consumption of the premises; "supervisor" means an employee charged with supervisory responsibilities for the conduct of sales, the safe control of stock and conduct of business with the public within a demarcated section or sections of a shop or a specified class or classes of merchandise in that shop, and who is placed in full or partial supervisory control of at least three employees employed in such section or sections or in connection with such class or classes or merchandise; "tailor's assistant" means an employee engaged as an alteration hand or for pressing or ironing articles for sale or display, or both; "watchman" means an employee who is engaged to watch over any property in or on any building, yard or other place; and "window dresser" means an employee who is engaged in drawing, painting, making or preparing posters, placards or backgrounds, or set pieces on window, interior or exterior displays and installing such fixtures and arranging displays.
4. With effect from the date of publication of this Order, the minimum Minimum wages and conditions of employment for shop workers shall be as set wages and out in the Schedule to this Order. conditions of employment 5. The Minimum Wages and Conditions of Employment (Shop Workers) Order, 1995, is hereby revoked. Revocation of Statutory Instrument No. 170 of 1995
SCHEDULE
(Paragraph 4) 1. The minimum monthly wages to be paid to employees shall be in accordance with the Wages following tables: Grade I (K55,000) Employees engaged in any of the following occupations(a) (b) (c) (d) bailing or wrapping articles and goods opening and closing and repairing packages; delivery vehicle assistant, or a general worker, not elsewhere specified; handyman; or office orderly.
Grade II (K60,000) Employees engaged in any of the following occupations(a) (b) (c) (d) (e) operating a mechanically operated passenger or goods lift; driver of a motor cycle, motor scooter or motorised three wheeled vehicle; sales assistant; packer; or watchman.
Grade III (K85,000) Employees engaged in any of the following occupations(a) (b) (c) (d) (e) assistant bicycle assembler; assistant despatch clerk; driver of a motor vehicle requiring an ordinary driving licence; shelf packer (self-service); shoe repairer;
(f) (g) (h)
tailor's assistant; telephone operator; or window dresser's assistant.
Grade IV (K95,000) Employees engaged in any of the following occupations(a) (b) (c) (d) (e) bicycle assembler; check-out operator; darkroom assistant; driver of motor vehicle requiring a heavy duty vehicle or public service licence; or picture framer.
Grade V (K105,000) Employees engaged in any of the following occupations(a) (b) (c) (d) (e) (f) despatch clerk; ledger clerk; orderman; sales person; tailor; or upholsterer.
Grade VI (K115,000) Employees engaged in any of the following occupations(a) (b) (c) (d) (e) audio visual equipment repairer; costing clerk; machine operator; typist; or watch repairer.
Grade VII (K125,000) Employees engaged in any of the following occupations(a) (b) (c) (d) (e) cashier; credit controller; shorthand typist; supervisor; or window dresser.
Grade VIII (K135,000) Employees engaged as qualified book-keepers.
2. (1) The wages or any benefit enjoyed by an employee shall not be reduced or altered General adversely as a result of the application of this Order. provisions (2) Where, prior to the introduction of this Order, an employee was in receipt of a wage in excess of the minimum rate of pay on any grade, the employee shall retain such wage rate and in addition such wage shall be increased by thirty-three and one-third percent which will allow identical credit, for length of service or experience or both, which the employee earned in that employees' existing grade or category at the date of the coming into force of this Order. (3) No employee shall suffer any reduction in pay upon transfer from a lower grade to a higher grade. (4) A part-time employee or casual employee shall be paid wages appropriate to that employee's grade in the proportion that the hours worked by the employee per month bears to one hundred and ninety-five hours. 3. (1) No person shall employ an employee, other than a manager(a) for more than forty-five hours in a week excluding meal hours; (b) for more than eight and one-half hours in a day, excluding meal hours, except in the case of butcheries, bakeries, and dairies who shall complete within ten and one-half hours of commencement of such employee's work; (c) (d) for more than five hours without an interval of at least one hour for a meal; to work after 1400 hours for more than five days in a week; Hours of work
(e) under sixteen but not below fifteen years of age for more than seven hours in a day confined within a period of ten hours; or (f) on Sunday or public holiday. (2) For the purpose of stock-taking or the sale of perishable food-stuff or other emergency work which cannot be carried out during normal working hours, an employee may be employed on a Sunday or public holiday or beyond the hours prescribed in sub-paragraph (1). (3) Weekly hours for a watchman shall be sixty, spread over six days, and any hour worked in excess shall be paid as provided in paragraph 4 of this Schedule. 4. (1) Any employee who works in excess of forty-five hours in a week shall be paid at one and half times the employee's hourly rate of pay. (2) An employee shall be paid for work done on Sundays or public holidays by the employer at an hourly rate of not less than double the employee's actual hourly rate of pay. (3) To calculate the hourly rate of pay in a month, the actual amount received by the employee in basic wages for that month shall be divided by one hundred and ninety-five hours. Overtime
5. (1) An employer shall grant leave of absence on full pay to an employee, other than a Paid part-time employee, at the rate of two days per month to an employee who has completed leave six months continuous service subject to and in accordance with, the following conditions: (a) in computing the period of leave, Sundays and Public holidays shall be excluded; (b) part-time employees shall be given leave of absence on full pay as set out in sub-paragraph (1) based on the proportion that their number of hours worked per month bears to one hundred and ninety-five hours; and (c) the employer shall give reasonable consideration to the exigencies and interest of the business of the employer in agreeing to the date when an employee may take leave. (2) An employee, the journey to whose home in Zambia necessarily involves travelling over two hundred and eighty kilometres from his place of employment and who accumulates sixty days leave, shall be granted travelling time at the rate of one day (on both the homeward and return journey) for each two hundred and eighty kilometres of the distance travelled. (3) When proceeding on leave, all money due to the employee, including holiday allowances shall be paid immediately prior to proceeding on such leave. (4) The holiday allowance referred to in sub-paragraph (3) shall be calculated at the rate of three hundred and fifty kwacha per day up to a maximum of thirty days. 6. (1) An employee who, according to the judgement of a registered medical practitioner or medical institution designated by the employer, is unable to execute his work by reason of sickness or accident shall on producing a medical certificate be granted sick leave as follows(a) pay; during probationary period, up to a maximum of twenty-six working days on full Sick leave
(b) for pezrmanent employees, a maximum of ninety working days on full pay and a further ninety days on half pay; (c) sick leave shall be computed separately for each year and shall not be cumulative. (2) An employer shall grant leave of absence to a female employee to enable her to nurse her sick child who has been hospitalized, where that child due to the nature of the illness required special attention, and such leave shall not be deducted from female employee's accrued leave. Maternity 7. (1) A female employee shall be entitled to ninety days paid maternity leave on production of a medical certificate signed by a registered medical practitioner if she has leave completed two years continuous service from the date of first engagement or since the last maternity leave was last taken. (2) The maternity leave granted under this paragraph shall be in addition to any other leave to which the employee may be entitled. (3) Where, by reason of illness due to pregnancy, a female employee becomes temporarily incapable of performing her official duties, she shall be entitled to sick leave
in accordance with paragraph 6 of this Schedule. (4) No employer shall terminate the services of a female employee or impose any other penalty or disadvantage upon such employee, within six months after delivery, for reasons connected with such employee's pregnancy. 8. (1) Where an employee dies whilst in employment, the employer shall provide(a) (b) (c) a standard coffin; transport to and from the cemetery; financial assistance towards funeral expenses of fifty thousand kwacha; and Funeral benefits Cap. 274
(d) repatriation benefits to the employee, spouse, children or direct dependants previously declared to the employer, and such expenses shall include(i) reasonable travelling expenses; and (ii) reasonable subsistence expenses. (2) Where the employee's legal wife or husband dies the employer shall provide(a) (b) (c) a standard coffin; transport to and from the cemetery; and financial assistance towards funeral expenses of forty thousand kwacha.
(3) Where a registered child dies and is under the age of sixteen years as defined in the Employment of Young Persons and Children Act, the employer shall provide(a) (b) (c) a standard coffin; transport to and from the cemetery; and financial assistance towards funeral expenses of forty thousand kwacha.
9. The employee may be declared redundant, subject to negotiation with the trade union Redundancy where appropriate but if there is no trade union representing the employee in the shop, the employer shall give such redundancy benefit of not less than two months pay for each completed year of service. 10. (1) The normal retirement age shall be fifty-five years. (2) An employer who has served for a minimum period of ten years shall be entitled to retirement benefits of two and one half months for each completed year of service. (3) Where an employer has established a pension scheme which is approved by the Minister, the retirement benefits shall be paid in accordance with such pension scheme. (4) An employee who retires in agreement with the employer before attaining the age of fifty-five years shall be paid retirement benefits in accordance with sub-paragraph (2). 11. An employee whose employment is terminated on medical grounds as certified by a Early registered medical practitioner shall be entitled to terminal benefits of not less than two medical Retirement age
and a half months pay for each completed year of service.
discharge
12. Where an employee spends a night away from home to attend to business of the Subsistence employer, he shall be paid an allowance of twenty-five thousand kwacha per night to cover allowance all expenses. 13. A machine allowance to tailors who provide their own machine shall be paid at the Machine following ratesallowance (a) (b) for a hand machine, ten thousand kwacha per month; and for a treadle or electric machine, twelve thousand kwacha per month.
14. An employee whose duty station is beyond three kilometres radius from his area of Transport allowance residence shall be paid a monthly allowance of ten thousand kwacha for transport expenses unless the employer provides transport for that employee. 15. An employee shall be entitled to a lunch allowance of three thousand kwacha per month unless the employer provides a canteen at which the employee may obtain wholesome and adequate meals, provided free of charge. Lunch allowance
16. An employee, together with his family, shall be transported by the employer to the Repatriation employee's place of recruiztment or be paid a repatriation allowance by the employer benefits equal to the current cost of travelling by public transport, and the most direct route to the employee's place of recruitment, if the employee(a) (b) (c) is discharged on medical grounds; is declared redundant; retires; or
(d) dies in service, in which case the benefits shall accrue to the family of the deceased employee.
CHAPTER 277 THE JUDGES (CONDITIONS OF SERVICE) ACT ARRANGEMENT OF SECTIONS PART I PRELIMINARY Section 1. Short title and application
2.
Interpretation
PART II EMOLUMENTS AND BENEFITS ON RESIGNATION, RETIREMENT OR DISMISSAL 3. 4. 5. 6. Emoluments Benefits on retirement, resignation and dismissal of Judge Retirement on grounds of ill health Benefits following death
PART III MISCELLANEOUS 7. 7A. 8. 9. 10. 11. 12. 13. Appointment of Judge from Public Service Judges appointed before commencement of Act Appointment Under Contract Administration Contributions Payments from General Revenues Regulations Repeal of certain provisions in Act No. 43 of 1993
CHAPTER 277
JUDGES (CONDITIONS OF SERVICE)
Act No. 14 of 1996 19 of 1998 15 of 2006 14 of 2006
An Act to provide for the emoluments, pensions and other conditions of service for Judges and to provide for matters connected with or incidental to the foregoing. [17th March, 1997]
PART I PRELIMINARY
Short 1. (1) This Act may be cited as the Judges (Conditions of Service) Act, 1996, and shall come into force on such date as the President may, title,commencement and application by statutory instrument, appoint.
(2) This Act shall(a) apply to a judge; and (b) for the purposes of entitlement to any pension and gratuity, shall apply to any judge who has retired or died after the 1st June, 1995. 2. In this Act, unless the context otherwise requiresInterpretation
"appropriate authority" means the Judicial Service Commission; "dependant" in relation to the deceased means a person whose livelihood solely depended on the deceased immediately prior to death; "emoluments" means salary and allowances; "Judge" means a Judge of the Supreme Court, a puisne Judge, and the Chairman and Deputy Chairman of the Industrial Relations Court; "pensionable emoluments" means salary and any special addition to salary granted without any condition that it shall not count for the purpose of calculating pension.
PART II EMOLUMENTS AND BENEFITS ON RESIGNATION, RETIREMENT OR DISMISSAL 3. There shall be paid to a Judge such emoluments as the President may, by statutory instrument, prescribe.
Emoluments
4. (1) A Judge shall retire in accordance with the provisions of the Constitution.
Benefits on retirement, resignation and dismissal of Judge
(2) Upon retirement, a Judge shall(a) (a) if the Judge has served
(i) for a period of five years or less, be entitled to a gratuity comprising ten months of the emoluments last received while in office; (ii) for a period of six to ten years, be entitled to a gratuity comprising fifteen months of the emoluments last received while in office; (iii) for a period of eleven to fifteen years, be entitled to a gratuity comprising twenty-five months of the emoluments last received while in office; (iv) for a period of sixteen to nineteen years, be entitled to a gratuity comprising forty months of the emoluments last received while in office; and (v) for a period of twenty years or more, be entitled to a gratuity comprising sixty months of the emoluments last received while in office: Provided that a person serving as a Judge who was appointed as a Judge before the commencement of this Act and who has served for a period of less than twenty years on the date of their retirement shall notwithstanding subparagraphs (i) to (iv) of this paragraph be entitled to a gratuity comprising sixty months of the emoluments last received while in office; and (b) until his death, continue to receive eighty per centum of the emoluments payable to a person holding the same or equivalent office as that held upon retirement. (3) Where a Judge resigns after serving for a period of not less than ten years, he shall be entitled to(a) a gratuity comprising thirty months of the basic salary last received while in office; and
(b)
a lump sum calculated as follows: SC + (SC x I x Y);
Where SC = the sum of his contributions; I = interest at current Central Bank deposit rate; Y = the number of completed years in respect of Y = which he has contributed. (4) Where a Judge resigns after serving for a period of less than ten years, he shall be entitled to(a) a gratuity comprising fifteen months of the basic salary last received while in office; and (b) a lump sum calculated in accordance with paragraph (b) of subsection (3). (5) A Judge who vacates his office on disciplinary grounds shall be entitled to a refund of his contributions plus interest at the current Central Bank deposit rate.
(As Amended by Act No. 15 of 2006) Retirement on 5. (1) Where, after serving for a period of not less than ten years, a Judge retires on medical evidence to the satisfaction of the appropriate grounds of ill health authority that he is incapable by reason of infirmity of mind or body of discharging the duties of his office and that such infirmity is likely to be permanent, he shall, with effect from the date of his retirement, be entitled-
(a) if his infirmity is, in the opinion of the appropriate authority, due to or occasioned by his own default(i) to a gratuity comprising thirty months of the basic salary last received while in office; and (ii) C B Where KA = pensionable emoluments; = the number of completed months of to a pension calculated as follows: KA x B
B = pensionable service; C = the age at which he retires, expressed C = in complete months; (b) if his infirmity is not, in the opinion of the appropriate authority, due to or occasioned by his own default, to the benefits under subsection (2) of section four. (2) Where a Judge retires on the grounds described in subsection (1) after serving for a period of less than ten years, he shall, with effect from the date of his retirement, be entitled(a) if his infirmity is, in the opinion of the appropriate authority, due to or occasioned by his own default(i) to a gratuity comprising fifteen months of the basic salary last received while in office; and (ii) to a pension calculated in accordance with sub-paragraph (ii) of paragraph (a) of subsection (1); (b) if his infirmity is not, in the opinion of the appropriate authority, due to or occasioned by his own default(i) to a gratuity comprising thirty months of the basic salary last received while in office; and (ii) to a pension calculated in accordance with sub-paragraph (ii) of paragraph (a) of subsection (1). 6. (1) Where a Judge who was entitled to benefits under subsection (2) Benefits following death of section four dies or where a Judge dies after serving for a period of not less than ten years(i) the gratuity payable under subparagraphs (ii) to (v) of paragraph Cap.59 (a) of subsection (2) of section four shall, unless it was received by the deceased, be paid into his estate and shall be administered in accordance with his will, if any, or in accordance with the Intestate Succession Act, as the case may be; and (ii) his spouse, if any, shall, until death or remarriage, receive fifty per centum of the benefits to which the deceased was or would have been entitled if he had retired under the said provisions, and, in the absence of such spouse or in the event of death or remarriage, such
benefits shall be payable to the unmarried children or dependants of the deceased until they attain the age of eighteen years. (2) Where a Judge who was entitled to benefits under paragraph (b) of subsection (2) of section five dies or where a Judge dies after serving for a period of less than ten years(i) the gratuity payable under paragraphs (a) and (b) of subsection Cap. 59 (2) of section five shall, unless it was received by the deceased, be paid into his estate and shall be administered in accordance with his will, if any, or in accordance with the Intestate Succession Act, as the case may be; and (ii) his spouse, if any, shall, until death or remarriage, receive fifty per centum of the benefits to which the deceased was or would have been entitled if he had retired under the said provisions, and, in the absence of such spouse or, in the event of death or remarriage, such benefit shall be payable to the unmarried children or dependants of the deceased, until they attain the age of eighteen years. (3) Where a Judge who was entitled to benefits under paragraph (a) of subsection (1) or (2) of section five dies(i) the gratuity payable under subsections (1) and (2) of section five Cap. 59 shall, unless it was received by the deceased be paid into his estate and shall be administered in accordance with his will if any, or in accordance with the Intestate Succession Act, as the case may be; and (ii) his spouse, if any, shall, until death or remarriage receive fifty per centum of the benefits to which the deceased was entitled under the said provisions, and, in the absence of such spouse or, in the event of death or remarriage, such benefits shall be payable to the unmarried children or dependants of the deceased until they attain the age of eighteen years.
PART III MISCELLANEOUS 7. (1) Where any person is appointed as Judge from the Public Service, Appointment of
he shall upon such appointment retire from his post in the Public Service Judge from Public Service and shall have the option either to receive his terminal benefits at the time of such retirement or to have the same deferred until ceasing to hold the office of Judge. (2) Any person serving as Judge who before the commencement of this Act was appointed from the Public Service and who has not received his terminal benefits in respect of his service in the Public Service before his appointment as a Judge, shall be entitled to receive the terminal benefits he would have recieved if he had retired from that service on the date of his appointment as a Judge, and shall be entitled to exercise the option described in subsection (1). (3) After the commencement of this Act, a person to whom subsection (2) applies, shall be entitled to the terminal benefits as provided for under this Act calculated from the date of his appointment as a Judge. (4) The terminal benefits deferred under subsection (1) shall be administered in accordance with the law relating to the pensions of public officers. 8. For the avoidance of doubt, the provisions of this Act shall override any contractual or other official arrangement relating to the retirement or other conditions of service of a serving Judge subsisting at the commencement of this Act.
Existing arrangements
9. The institution responsible for the administration of the pensions of Administration public officers shall also be responsible for the administration of the scheme described in this Act in accordance with this Act and the prudential management provisions of the law relating to the pensions of public officers.
Contributions 10. A Judge shall contribute towards the cost of the pension scheme described in this Act at the rate of seven and one quarter per centum of his pensionable emoluments or at such other rate as the Minister may fix by statutory order in consultation with the institution designated by section nine.
11. There shall be paid in the institution designated by section nine from the general revenues of the Republic such amount calculated with regard to the pensions and other benefits payable under the pension scheme described in this Act as may be fixed by the Minister in consultation with that institution following the advice of an actuary
Payment from General Revenues
appointed by the institution. 12. (1) The President may, by statutory instrument, make Regulations for the better carrying out of the provisions of this Act. (2) Without prejudice to the generality of subsection (1), the President may, by statutory instrument, make Regulations prescribing the perquisites of office and other conditions of service of a Judge, including but not limited to the following(a) (b) (c) (d) (e) car loans; housing allowance; non-private practice allowance; funeral assistance; travelling on duty.
Repeal of certain provisions in Act Regulations
13. From the commencement date, the Constitutional Offices (Emoluments) Act, 1993, shall stand repealed in so far as it applies to the salary of the Chief Justice, Deputy Chief Justice, Judges of the Supreme Court and Judges of the High Court.
No. 43 of 1993
SECTION 12-THE JUDGES (SALARIES AND CONDITIONS OF SERVICE) REGULATIONS Regulations by the President
Statutory Instrument 140 of 1996 67 of 1997
PART I PRELIMINARY
1. These Regulations may be cited as the Judges (Salaries and Title
Conditions of Service) Regulations.
PART II CONDITIONS OF SERVICE

2. There shall be paid to a Judge the salary set out in the First Schedule. Salary of Judge 3. There shall be paid to a Judge the allowances set out in the Second Schedule. 4. Every allowance payable under these Regulations shall be exempt from payment of income tax and any other tax. Allowances for Judges Exemption of allowances from tax
5. (1) A Judge shall be entitled to a rent-free fully furnished residence Housing and shall be entitled to purchase the furniture at depreciative book value on vacating office. (2) Where a Judge lives in the Judge's own house, the Government shall pay municipal rates for that house. 6. There shall be provided to a Judge an armed guard for twenty-four hours, to be based at the Judge's residence. 7. A Judge be entitled to the workers set out in the Third Schedule. Security
Personal workers for Judges Travel on duty
8. (1) A Judge shall, when travelling on duty by air, be entitled to(a) (b) in the case of the Chief Justice, first class travel; and in the case of any other Judge, business class travel.
(2) Where air travel is not available and a Judge travels by road, the Judge shall be entitled to travel in a chauffeur-driven official vehicle. 9. A Judge shall be entitled to a diplomatic passport. Diplomatic passport Official vehicle
10.
A Judge shall-
(a) be entitled to a personal-to-holder vehicle and a driver, and the vehicle shall(i) be maintained at the Judiciary's expense; and
(ii) be replaced by the Government every five years, if funds are available; and (b) on retirement, be entitled to purchase the personal-to-holder vehicle at book value, less depreciation; Provided that if a Judge dies before retirement, the spouse of that Judge shall be entitled to purchase the vehicle. 11. The Government shall pay the telephone bills of a Judge for local calls, and for international calls, if such international calls are official. Telephone, electricity and water Bills
12. A Judge, the spouse and children of the Judge shall be entitled to Medical medical treatment at Government expense where such treatment is to be treatment undertaken abroad after due approval of the Ministry responsible for health. 13. A Judge shall be entitled to the loans set out in the Fourth Schedule: Provided that at no time shall the Judge's salary be less than fifty per centum of the Judge's basic salary, after any payment is effected as a result of any loan obtained by the Judge. Loans
14. (1) A Judge shall(a) earn leave at the rate of three and a half working days in each calendar month; (b) be entitled to take local or vacational leave up to a maximum number of leave days accrued; (2) Where a Judge takes vacational leave, the Government shall pay for leave travel benefits: Provided that only the Judge, the spouse of the Judge and four children of the Judge shall be entitled to such vacation. (3) The leave referred to in sub-regulation (1), shall be granted depending on the exigency of the service. 15. The Government shall insure a Judge against personal injury and accident up to a total of five times the basic salary paid to a Judge.
Leave
Insurance
16. (1) The Government shall meet the following funeral expenses of a Funeral Judge, the spouse of the Judge and the children of the Judge: expenses (a) (b) (c) and coffin; transport to the place of burial within Zambia; a cash payment of eighty thousand kwacha as a funeral grant;
(d) transport to assist in the organisation of the funeral, within the locality of the funeral. (2) Sub-regulation (1) shall apply to a Judge, whether or not the Judge dies in office.
17. On retirement or death of any Judge, the Judge's effects shall be Transportation transported, only once, to any place in Zambia, using appropriate road or on retirement water transport.
FIRST SCHEDULE
(Regulation 2) Office Chief Justice Deputy Chief Justice Supreme Court Judge Chairman, Industrial Relations Court High Court Judge (As amended by S.I. No. 67 of 1997) Salary K20,000,004 K18,000,000 K16,000.020 K15,000,000 K14,000,004
Deputy Chairman, Industrial Relations CourtK14,000,004
SECOND SCHEDULE
(Regulation 3) ALLOWANCES FOR JUDGES (a) A non-private practising allowance of twenty per centum of the basic salary;
(b) when travelling on duty, locally or abroad, such allowance or special imprest as may be determined by the Government; and (c) fuel allowance as may be determined by Government, to run the personal-to-holder vehicle.
THIRD SCHEDULE
(Regulation 7) PERSONAL WORKERS FOR JUDGES 1. Chief Justice (a) (b) (c) (d) one cook; one house servant; one gardener; one laundry man.
2. Deputy Chief Justice (a) (b) (c) one cook; one house servant; one gardener.
3. Judge Supreme Court Judge (i) (ii) (iii) one cook; one house servant; one gardener.
High Court Judge (i) (ii) (iii) one cook; one house servant; one gardener.
FOURTH SCHEDULE
(Regulation 13) LOANS FOR JUDGES (a) Car loan equivalent to five times the Judge's basic salary or the cost of the car, whichever is the lower; (b) House loan equivalent to ten times the Judge's basic salary or the cost of the house, whichever is the lower. CHAPTER 278 THE PUBLIC OFFICERS' PENSIONS (ZAMBIA) AGREEMENT (IMPLEMENTATION) ACT
Sections 1. 2. 3. 4. Short title Interpretation Cessation of responsibility for certain pensions Expenditure to be charged on general revenues
CHAPTER 278 PUBLIC OFFICERS' PENSIONS (ZAMBIA) AGREEMENT (IMPLEMENTATION)
22 of 1979
An Act to make provision for the implementation of the Public Officers' Pensions (Zambia) Agreement, 1978; and to provide for matters connected therewith or incidental thereto. [1st November 1985] WHEREAS the Government of the Republic of Zambia and the Government of the United Kingdom of Great Britain and Northern Ireland have signed an Agreement concerning the control, administration and payment of certain public officers' pensions; AND WHEREAS it is expedient to make provision for giving effect to the provisions of the said Agreement, and to provide for matters connected therewith or incidental thereto: NOW THEREFORE BE IT ENACTED by the Parliament of Zambia. 1. This Act may be cited as the Public Officers' Pensions (Zambia) Agreement (Implementation) Act. 2. In this Act, unless the context otherwise requires"Agreement" means the Agreement between the Government of the Republic of Zambia and the Government of the United Kingdom of Great Britain and Northern Ireland executed by the parties thereto on the 8th August, 1978, which Agreement is set out in the Schedule. 3. After the commencement of this Act, the Government shall cease to Cessation of have any responsibility for the award, control administration and responsibility payment of pensions covered by the Agreement. for certain pensions 4. (1) There shall be charged on and paid out of the general revenues of Expenditure to the Republic all such sums of moneys as may from time to time be due be charged on and payable under the Agreement. general Enactment Short title Preamble
Interpretation
revenues (2) Notwithstanding anything contained in any other written law, the Government shall, after the commencement of this Act, pay to the Government of the United Kingdom of Great Britain and Northern Ireland in respect of the widows' and orphans' pensions, such stocks, funds, securities or moneys as represent the interest in the Widows' and Orphans' Pension Fund established under the Widows and Orphans Pension Act of contributory officers and their potential beneficiaries alive at the date of the commencement of the Act, and the beneficiaries of deceased contributory officers as are alive on the date of the commencement of the Act. 5. Section twelve of the Widows and Orphans Pensions Act is hereby repealed. SCHEDULE (Section 2) Repeal of section 12 of Cap. 279
AGREEMENT
AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF ZAMBIA AND THE GOVERNMENT OF THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND CONCERNING PUBLIC OFFICERS' PENSIONS The Government of the Republic of Zambia and the Government of the United Kingdom of Great Britain and Northern Ireland have agreed as follows:
ARTICLE 1
Interpretation (1) In this Agreement, except where the context otherwise requires: (a) "actuary" means a Fellow of the Institute of Actuaries or of the Faculty of Actuaries in Scotland; (b) "the appointed day" means the day mutually arranged between the Government of the United Kingdom and the Government of Zambia; (c) "inducement allowance" means any inducement allowance which is pensionable
under the pensions laws enjoyed by an officer under the Overseas Service (Northern Rhodesia) Agreement 1961, or any agreement or any arrangement amending or replacing the same; (d) "officer" means an officer or re-employed officer to whom the Public Officers Agreement between Her Majesty's Government in the United Kingdom and the Government of Zambia signed at Lusaka on 24 October 1964 (hereinafter referred to as "the Public Officers' Agreement") applies or applied and who was not a citizen of Zambia on 1 April 1971 or who, having retired from the public service or having died in public service after that date, is not or was not a citizen of Zambia at the time of his retirement or death, as the case may be; (e) "other public service" means public service not under the Government of Zambia; (f) "pension" means any pension, gratuity, compensation and interest thereon, or any retiring allowance or other like benefit, or any increase of pension, on any contributions repayable to, or interest on contributions payable to, any officer, payable under the pensions laws by the Government of Zambia to or in respect of any officer, or to the widow or child of any officer or his legal personal representative; (g) "pensionable emoluments": (i) in respect of public service under the Government of Zambia, means emoluments which count for pension under the pensions laws; (ii) in respect of other public service, means emoluments which count for pension in accordance with the law or regulations in force in such service; (h) (i) "pensions laws" means: in relation to pensions other than widows' and orphans' pensions:
(aa) any law, regulation or administrative direction providing for the payment of pensions to officers in respect of public service and in force in Zambia at any time prior to 25 June 1973 and enacted prior to that date; and (bb) The Zambia (Compensation and Retiring Benefits) Order 1964 and the Non-Designated Expatriate Officers (Retiring Benefits Act) 1965; (ii) in relation to widows' and orphans' pensions, the Widows and Orphans Pensions Act, Chapter 402 of the Laws of Zambia 1970 Edition and the Widows' Pensions Act, Chapter 401 of the Laws of Zambia 1970 Edition and any amendments to either Act in force at any time prior to 25 June 1973 and enacted prior to that date (in this Agreement referred to respectively as "Chapter 402" and "Chapter 401"); and (iii) in relation both to widows' and orphans' pensions and to other pensions, any other law, regulation or administrative direction accepted by the Government of the United Kingdom and the Government of Zambia for the purposes of this Agreement; (i) "public service" means: (i) service in a civil capacity under the Government of Zambia or any other country or territory in the Commonwealth; (ii) service under the East African High Commission, the East African Common Services Organisation, the East African Posts and Telecommunications Administration, the
East African Railways and Harbours Administration, the East African Community, the East African Harbours Corporation, the East African Posts and Telecommunications Corporation or the East African Railways Corporation; (iii) (aa) (bb) (cc) (dd) service which is pensionable: under the Overseas Superannuation Scheme; or under any Act relating to the superannuation of teachers in the United Kingdom; or under a local authority in the United Kingdom; or under the National Health Service of the United Kingdom;
(iv) any other service accepted by the Government of the United Kingdom and the Government of Zambia to be public service for the purposes of this Agreement; (v) except for the purposes of computation of a pension, gratuity or other allowance and of determination of the maximum pension grantable, service as a Governor in respect of which a pension may be granted under the Overseas Pensions Act 1973, or any Act amending or replacing that Act; (vi) service as the holder of the office of President, Vice-President, Justice of Appeal, Registrar, officer or servant of the Court of Appeal for Eastern Africa established by the Eastern Africa Court of Appeal Order in Council, 1961 (United Kingdom S.I. 1961 No. 2323) or the Court of Appeal for East Africa; (vii) service in the service of the Interim Commissioner for the West Indies; (j) "relevant service" means public service in a civil capacity under the Government of Zambia on or after 1 May 1964; (k) "widows' and orphans' pensions" means pensions payable under Chapter 279 or Chapter 260 of the laws of Zambia; (l) "the Zambia element" in relation to a pension (other than compensation or interest thereon payable under the Zambia (Compensation and Retiring Benefits) Order 1964) or a widows' and orphans' pension means: (i) in respect of a pension arising from death resulting from an injury on duty, or a pension or additional pension arising from such an injury, being a pension which results from an occurrence during relevant service, that proportion of the pension which the rate of the officer's pensionable emoluments other than inducement allowance at the date he received the injury bears to the rate of the officer's total pensionable emoluments at that date; (ii) in the case of any other pension, that proportion of the pension which the total pensionable emoluments other than inducement allowance enjoyed by the officer during his relevant service bears to the total pensionable emoluments enjoyed by him throughout his public service under the Government of Zambia which have been taken into account in determining the amount of that pension. (2) In relation to any period before 24 October 1964 references to the Government of Zambia shall be construed as references to the Government of Northern Rhodesia.
ARTICLE 2
Assumption of Responsibility by the Government of the United Kingdom As from the appointed day the Government of the United Kingdom shall assume from the Government of Zambia the responsibility for the control, administration and payment of pensions which have been awarded before the appointed day and for the award, control, administration and payment of pensions which would fall to be awarded on or after the appointed day.
ARTICLE 3
Obligations of the Government of the United Kingdom The Government of the United Kingdom undertake: (a) that they shall award, control, administer and pay the pensions referred to in Article 2 of this Agreement to or in respect of the persons concerned in accordance with the principles and rules contained in the pensions laws, with such modifications as may be necessary in consequence of the transfer of responsibility under this Agreement, or in accordance with such other principles and rules as the Government of the United Kingdom consistently with the next following paragraph may from time to time determine; (b) that apart from any modifications arising from the pensions being payable out of public moneys of the United Kingdom they shall not apply to or in respect of any officer different provisions from those contained in the pensions laws (other than any provisions, express or implied, relating to the currency and method of payment of a pension) so as to make such provisions less favourable to any beneficiary or potential beneficiary than the provisions applicable to him on the appointed day: provided that if a beneficiary or potential beneficiary elects to have any provision applied to him, that provision shall be taken to be more favourable to him; (c) that if the Government of Zambia should be adjudged by the order of a competent court of law having jurisdiction in Zambia to be liable to pay to or in respect of an officer or the widow or child or legal personal representative of an officer any sum in respect of a pension for which the Government of the United Kingdom have assumed responsibility under this Agreement, the Government of the United Kingdom shall repay to the Government of Zambia any sum paid to such person for the purpose of complying with the order of the court; but in this event the Government of the United Kingdom shall be free to reduce by corresponding sums, or totally to withhold, any payments of the same pension to or in respect of that person which would otherwise fall to be made by them under this Agreement.
ARTICLE 4
Obligations of the Government of Zambia (1) The Government of Zambia undertake:
(a) that they shall remain responsible for any instalments of pension which remain unpaid on the appointed day; (b) that they shall as from the appointed day relinquish responsibility for the award, control, administration and payment of any pension otherwise than in accordance with the terms of this Agreement; (c) that they shall pay to the Government of the United Kingdom in accordance with such arrangements as may be accepted by the two Governments: (i) in respect of any pension (other than a widows' and orphans' pension) awarded before the appointed day to or in respect of an officer, a sum representing the cost, if any, of the Zambia element of such pension; (ii) in respect of any pension (other than a widows' and orphans' pension) awarded on or after the appointed day to or in respect of an officer: (aa) that part of the sum which would represent the Zambia element of such pensions if the public service of the officer ceased on the appointed day, which is attributable to the officers' relevant service up to the day immediately preceding the appointed day; (bb) 25% of the officer's pensionable emoluments, other than inducement allowance, earned during that part of his relevant service which occurs on or after the appointed day; (iii) in respect of widows' and orphans' pensions, such stocks, funds, securities or moneys as represent the interest in the Widows' and Orphans' Pensions Fund established under Chapter 279 of contributory officers and their potential beneficiaries alive on the appointed day and the beneficiaries alive on the appointed day of deceased contributory officers; (d) that they shall as soon as possible after the appointed day with effect therefrom, enact the necessary domestic legislation to give effect to this Article. (2) The sums payable under sub-paragraphs (1) (c) (i), (1) (c) (ii) (aa) and (1) (c) (iii) of this Article shall be actuarially determined by an actuary nominated by the Government of the United Kingdom and acceptable to the Government of Zambia and shall be reduced by a sum accepted by the two Governments as representing the tax which the Government of Zambia would have received in respect of the Zambia element of the pensions.
ARTICLE 5
Supply of Information Each of the Parties to this Agreement shall whenever requested to do so by the other Party, supply to that Party such information in connection with the operation of the arrangements contained in this Agreement as may be specified in such request.
ARTICLE 6
Modification of Previous Agreements (1) On and after the appointed day the provisions of the Overseas Service (Northern
Rhodesia) Agreement 1961, and any agreement or arrangement amending or replacing the same and any other agreement or arrangement relating to the reimbursement of the Government of Zambia by the Government of the United Kingdom of a proportion of the cost of a pension shall cease to apply to any pension payable to or in respect of an officer to whom this Agreement applies in respect of any period beginning on the appointed day. (2) On and after the appointed day the provisions of Articles 3, 4, 5, 6, 7 and the words "and shall take any action that may be necessary to preserve his pension rights when he is so transferred or promoted" in Article 8 (2) and Article 9 of the Public Officers Agreement shall cease to apply to or in respect of officers to whom this Agreement applies.
ARTICLE 7
Modification of this Agreement If the Government of the United Kingdom and the Government of Zambia mutually decide that this Agreement shall be modified in any particular case or class of cases, the foregoing provisions of this Agreement shall be applied to such case or cases with such modifications, additions or exceeptions as may be necessary to give effect to such mutual decision.
ARTICLE 8
Entry into Force Each of the Parties to this Agreement shall notify the other Party in writing as soon as it has completed the preliminary arrangements necessary to enable it to carry out the Agreement, and this Agreement shall enter into force on the date on the later of these two notifications.
ARTICLE 9
Citation This Agreement may be cited as the Public Officers' Pensions (Zambia) Agreement 1978. In witness whereof the undersigned, duly authorised thereto by their respective Governments, have signed this Agreement. Done in duplicate at Lusaka this 8th day of August, 1978 (in the English language). J. M. MWANAKATWE, For the Government of the Republic of Zambia JUDITH HART, For the Government of the United Kingdom of Great Britain and Northern Ireland
CHAPTER 279 THE WIDOWS AND ORPHANS PENSION ACT

Section 1. 2. 3. 4. Short title Interpretation Who shall become contributors Contributors to Oversea Superannuation Scheme
5. Contributor appointed before 1st August, 1964, ceasing to be contributor 6. Who shall not be contributors 7. Officers in service common to more than one East African Government 8. Eligibility of persons appointed or transferred to Civil Service (Local Conditions) or Teaching Service 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. Rates of contribution Determination of "salary" Period and manner of contribution Repealed by Act No. 22 of 1979 Registers of contributors to be kept Information to be furnished by contributors Penalty for non-compliance Pension when officer with beneficiaries dies Calculation of pensions and mode of charge Pensions to beneficiaries Bonuses in respect of certain pensions Pension to widow Pensions to children Pensions to adopted children Child over 21 undergoing full-time instruction or training Who not entitled to pension Provisions consequent upon an officer being dismissed for
misconduct 26. 27. 28. Pension: when to commence and how payable Allowance in lieu of pension to widow on bankruptcy Pension not to be assigned or levied upon
29. Payment of pension to persons acting on behalf of minors in case of desertion 30. 31. 32. 33. Discretion as to payment of minors' pensions Proof of title may be required before payment of pension Increases of contributions Contributions may continue in full if salary reduced
34. Refund of contributions to bachelor and widower without children of pensionable age 35. Option given to certain officers who have left the service to elect to continue contributions 36. 37. Contributions repayable in certain circumstances Refund of contributions made in lump sum
38. Contributor married or widower with pensionable children leaving East African service on transfer, pension or when of pensionable standing 39. Option to contributor retiring on pension to cease or continue contributing 40. Pension payable when a pensionable officer retires on account of ill health and dies within two years 41. Registered pension in the case of non-pensionable officers leaving the service 42. Periodical revision of Pension Tables 43. Questions and disputes to be decided by appropriate Commission or authority 44. 45. 46. 47. 48. 49. Cost of management of scheme Rules and regulations Notices of election irrevocable Rates of exchange Position of officers on war service Officers from Palestine may become contributors
FIRST SCHEDULE-Pension tables
SECOND SCHEDULE-Instructions for the use of the pension tables
THIRD SCHEDULE-Commutation table
FOURTH SCHEDULE-Instructions for the use of the commutation table

CHAPTER 279 31 of 1929 46 of 1929 WINDOWS AND ORPHANS PENSION 36 of 1930 17 of 1932 An Act to make provision for granting pensions to 24 of 1932 widows and children of deceased European public 8 of 1933 officers. 30 of 1933 1 of 1934 [5th April, 1929] 24 of 1936 24 of 1940 23 of 1941 1 of 1946 12 of 1950 48 of 1950 45 of 1951 32 of 1955 19 of 1956 1 of 1960 35 of 1961 28 of 1962 32 of 1963 50 of 1964 43 of 1969 Government Notice 341 of 1964 Statutory Instrument 144 of 1965 Act No. 22 of 1979.
1.
This Act may be cited as the Widows and Orphans Pension Act.
Short title Interpretation Cap. 1
2. (1) In this Act, unless the context otherwise requires"appropriate Commission" shall have the meaning assigned to that expression in the Constitution of the Republic; "approved scheme" means a scheme or fund for the granting of pensions to the widows and children of officers in the public service, which may have been declared to be an approved scheme for the purposes of this Act by the Governor of the former Protectorate of Northern Rhodesia or which may hereafter be declared by the President to be an approved scheme for the purposes of this Act; "beneficiary" means and includes(a) the widow of a contributor; (b) the children of a contributor, by his marriage with any wife dying in his lifetime, who are alive and of a pensionable age at the death of their father; "Civil Service (Local Conditions)" means(a) in respect of any period before the 24th October, 1964, that part of the civil service of the former Protectorate of Northern Rhodesia which served under the terms and conditions of service introduced with effect from the 1st November, 1961, or under such terms and conditions of service as varied from time to time; (b) in respect of any period on or after the 24th October, 1964, that part of the civil service of the Government of Zambia serving under such terms and conditions of service as may be prescribed for public officers who are citizens of Zambia or under such terms and conditions of service as varied from time to time; "contributor" means a contributor to the scheme and includes a person who has ceased to contribute in such circumstances that he continues to rank for benefit under this Act; "Crown Agents" means the Crown Agents for Oversea Governments and Administrations; "East African service" means the service of the Government of any one or more of the following: Kenya, Uganda, Nyasaland, Zanzibar, Somaliland, Northern Rhodesia, Tanganyika, the East Africa High Commission, Malawi, Tanzania, Zambia, excluding service in the Civil Service (Local Conditions) or in the Teaching Service, which Governments are referred to as "East
African Governments", and also the service of the East African Common Services Organisation; "European officer" means any officer both of whose parents were of European descent but includes also any other officer who is appointed under the conditions of service ordinarily applicable to Europeans; "the Governments" shall mean the Government of Zambia, or in respect of any period before the 24th October, 1964, the Government of the former Protectorate of Northern Rhodesia; "other public service" means public service not under the Governments; *of a pensionable age", as applied to children, means in the case of a male, that he is under the age of twenty-one years, and, in the case of a female, that she is under the age of twenty-one years and has not been married. A child shall be deemed to cease to be of a pensionable age within the meaning of this Act, if a male, on attaining the age of twenty-one years or dying under that age, and, if a female, on attaining the age of twenty-one years, or dying or marrying under that age; *(1) The words "twenty-one years" were substituted for the words "eighteen years" in the case of males by Act No. 1 of 1946, with effect from 8th May, 1942, provided that where, before 1st January, 1944, by reason of the attainment of the age of eighteen years by a child of a deceased contributor, a pension payable to any other person from the funds of the Governments has been increased, this increase shall cease to be payable on the date aforesaid and not earlier. (2) For the avoidance of doubts it was declared that where any child of a deceased contributor shall have attained the age of eighteen years on or before 7th May, 1942, the pension thereupon ceasing to be payable to such child shall not become again payable by reason of the alteration in the definition effected by Act No. 1 of 1946. "prescribed date" means the 1st November, 1961; *"public service" means* Service with the following bodies shall be public service for this purpose:Colonial Development Corporation. (G.N. No. 57 of 1949.)Central Electricity Board, Federation of Malaya. (G.N. No. 219 of 1950.)Tanganyika Broadcasting Corporation. (G.N. No. 166 of 1958.) (a) service in a civil capacity under the Government of the Republic of Zambia or any other country or territory in the Commonwealth; or (b) service under the East Africa High Commission, the East African Railways and Harbours Administration, the East African Posts
and Telecommunications Administration or the East African Common Services Organisation; or (c) any other service which may have been determined to be public service for the purposes of this Act by the Governor of the former Protectorate of Northern Rhodesia or by the President or which may hereafter be determined by the President to be public service for the purposes of this Act; "the scheme" means the scheme common to all the territories administered by the East African Governments for granting pensions to the widows and children of European officers in the East African service which it is intended to establish by this Act and by similar legislation in such territories; "Teaching Service" means the Teaching Service described in the Teaching Service Regulations. (2) When the marriage of any contributor has been annulled or dissolved by the decree of any competent court, the wife, party to such marriage, shall for all purposes of this Act be deemed to have died and the contributor to have become a widower at the date of such decree. (As amended by No. 1 of 1946, No. 35 of 1961, No. 28 of 1962, No. 32 of 1963, G.N. No. 341 of 1964, S.I. No. 144 of 1965 and No. 43 of 1969) 3. (1) Subject to the exceptions mentioned in sections six and eight, every European officer appointed to a post in the service of the Governments after the commencement of this Act shall become a contributor under the provisions of this Act from the date on which he commences to draw any of the salary of the post. (2) If a European officer who is already a contributor under the scheme is transferred to the service of the Governments from other East African service after the commencement of this Act, he shall contribute under this Act. Who shall become contributors
(3) Any officer who has claimed exemption from the obligation to become a contributor under this Act under the provisions of section four and who subsequently becomes ineligible to continue as a contributor to the Oversea Superannuation Scheme shall become a contributor under the provisions of this Act from the date on which he ceases to be a contributor to the said Scheme unless he is otherwise ineligible or not
liable to do so. (No. 50 of 1964 as amended by S.I. No. 144 of 1965) *4. (1) Any officer who is or becomes a contributor to the Oversea Superannuation Scheme may claim exemption from the obligation to become or to continue to be a contributor under this Act: * This section is deemed to have come into force on 1st January, 1951, (See Act No. 32 of 1955.) Provided that no such claim shall be effective unless made in writing and received by the Crown Agents before the 1st November, 1955, or within three months from the date upon which such officer first became a contributor to the said Scheme, whichever is the later. (2) Every claim for exemption made under the provisions of subsection (1) shall take effect from the date upon which the officer concerned first became a contributor to the Oversea Superannuation Scheme and the amount of any contributions which he may have made under the provisions of this Act since such date shall be refunded to him without interest. (3) As from the date upon which any claim for exemption made under the provisions of subsection (1) shall take effect, the officer by whom the claim was made shall be deemed, in respect of all rights arising from his contributions made under the provisions of this Act prior to such date, to be subject to the provisions of section thirty-eight to the same extent as if he had left the service of the Governments on such date. (No. 32 of 1955 as amended by S.I. No. 144 of 1965 and No. 43 of 1969) 5. (1) Any contributor appointed before the 1st August, 1964, serving under a written agreement expressed to continue for a specified period or periods may elect not to continue as a contributor subject to and in accordance with the provisions of this section. Contributor appointed before 1st August, 1964, ceasing to be contributor Contributors to Oversea Superannuation Scheme
(2) An election as aforesaid shall be by written notice addressed to the Permanent Secretary, Ministry of Finance, or to the Crown Agents.
(3) An election as aforesaid shall not be effective unless it is received by the Permanent Secretary, Ministry of Finance, or the Crown Agents before the 1st January, 1965, or before such later date as the appropriate Commission may, in any particular case, specify.
(4) Any contributor making an election as aforesaid shall cease to be a contributor with effect from the first day of the month after that in which his notice of election is received by the Permanent Secretary, Ministry of Finance, or the Crown Agents, as the case may be. (5) If the person on ceasing to be a contributor as aforesaid is(a) (b) a bachelor; or a widower without children of pensionable age;
the provisions of section thirty-four shall apply to him as if he had left the East African service on the date on which he ceased to be a contributor. (6) If the person on ceasing to be a contributor as aforesaid is married or is a widower with children of pensionable age, the provisions of section forty-one shall apply to him as if he had left the East African service on the date on which he ceased to be a contributor. (No. 50 of 1964 as amended by S.I. No. 144 of 1965) 6. (1) The following shall not be eligible to be contributors: Who shall not be contributors
(a) Governors and their Private Secretaries and Aides-de-Camp, if not contributors before they held these positions or holders of substantive appointments entitling them to be contributors. (b) Officers, non-commissioned officers and men on the active list of the United Kingdom Navy, Army or Air Force temporarily employed by an East African Government in either a military or a civil capacity and not holding pensionable appointments under the Governments.
(b) Persons in the service of the Governments by reason only of their membership of the Defence Force and not holding pensionable appointments under the Governments. (d) (e) Persons temporarily employed on special missions. Females.
(f) Persons whose engagement, not being for a specified period, is terminable at one month's notice or less. (g) Persons who are unmarried and are at the time of employment under the age of twenty-one: Provided that if they are otherwise liable to contribute under the terms of this Act, they shall, on becoming married or on reaching the age of twenty-one, forthwith become contributors. (h) Persons, appointed on or after the 1st August, 1964, serving under written agreements expressed to continue for a specified period or periods, unless the terms of their appointment provide that they shall be eligible to be contributors. (i) Persons who transferred to the service of the Governments after the 30th September, 1963, from the public service of the Government of the former Federation of Rhodesia and Nyasaland unless they were contributors at the date they transferred. *(2) The following shall not be eligible to become contributors: * This subsection is deemed to have come into force on 1st January, 1951. (See Act No. 32 of 1955.) (a) persons who have attained the age of forty-nine years, unless they are transferred from other East African service in which they were contributors under the scheme and have not completed their periods of contribution; (b) persons who are contributors to the Oversea Superannuation Scheme, unless they were, at the date when they became contributors to Who shall not become contributors
the said Scheme, already contributors under this Act. Exemption ** (3) (a) Subject to the provisions of this subsection, if the appropriate Commission is satisfied that an officer who is required by this Act to become a contributor is a contributor under an approved scheme, the appropriate Commission may, on the application of such officer, direct that he shall, so long as he continues to be a contributor under such approved scheme, be exempt from contributing unless at any time the contributions which, in the absence of this subsection, he would from time to time be required to pay under this Act exceed his contributions under such approved scheme; and so long as the exemption remains in force and the officer continues to be a contributor under such scheme, he shall not contribute under this Act more than the amount (if any) of such excess. ** This subsection is deemed to have come into force on 1st January, 1944. (See Act No. 45 of 1951.) (b) The appropriate Commission may require any contributor who has been granted an exemption under this subsection, from time to time to produce the receipts for his contributions, or other evidence of his continuing to be a contributor under such approved scheme, and if he shall fail to do so the appropriate Commission may cancel the exemption. (c) No application for exemption under this subsection shall be valid unless it is made in writing and reaches the appropriate Commission not later than three months after the date from which the officer commences to draw salary from the funds of the Governments or after the 1st April, 1952, whichever is the later, or such later date as the appropriate Commission may in any special case determine. *This subsection is deemed to have come into force on 1st January, 1951. (See Act No. 32 of 1955.) **This subsection is deemed to have come into force on 1st January, 1944. (See Act No. 45 of 1951.) (d) Where an officer is, by virtue of an exemption under this subsection, making no contributions under this Act he shall nevertheless be deemed, for the purposes of this Act, to cease or continue to contribute, as the case may be, in any circumstances in which he would he cease or continue if such exemption had not been granted, and all
rights of election under sections thirty-four, thirty-five, thirty-eight, thirty-nine and forty-one may be exercised by him accordingly. (As amended by No. 24 of 1940, No. 45 of 1951, no 32 of 1955, No. 1 of 1960, No. 50 of 1964, G.N. No. 341 of 1964, S.I. No. 144 of 1965 and No. 43 of 1969) *7. (1) It shall be lawful for the President from time to time, by statutory notice, to declare that, notwithstanding the provisions of this Act, the posts specified in the notice, being posts of which the salaries are provided wholly or partly by more than one of the East African Governments, shall be deemed for the purposes of this Act to be either* Posts in the British East African Meteorological Service shall not be posts in the service of the Governments. (G.N. No. 119 of 1934.) (a) (b) posts in the service of the Governments; or posts not in the service of the Governments. Officers in service common to more than one East African Government
(2) The provisions of subsection (2) of section nine shall not apply to any officer holding a post so declared to be in the service of the Governments, who shall, for the purposes of subsection (1) of section nine, be deemed to be in receipt of salary from the funds of the Governments equal to the total salary of the post from whatever source it is drawn. (3) Any notice issued under this section shall have retrospective effect as regards any post to the date from which the holder for the time being thereof entered the East African service. (4) If the holder of any post declared by notice under this section to be in the service of the Governments has not been required prior to the notice to contribute to the scheme, he may, within three months of the date on which the notice concerning his post is issued or such later date as the President may in any special case allow, elect to be exempted either from the requirement to contribute thereto or from his liability to make contributions in respect of service prior to the date upon which the notice is issued. The date of the election shall be deemed to be the date of the receipt of the written notification addressed either to the Permanent Secretary (Establishments) or to the Crown Agents. Any
election duly exercised shall be irrevocable. (No. 30 of 1933 as amended by No. 1 of 1934, No. 32 of 1963, G.N. No. 341 of 1964, S.I. No. 144 of 1965 and No. 43 of 1969) *Posts in the British East African Meteorological Service shall not be posts in the service of the Governments. (G.N. No. 119 of 1934.) 8. (1) Subject to the provisions of subsections (2) and (3), persons who Eligibility of are appointed to the Civil Service (Local Conditions) or to the Teaching persons Service shall not be eligible to be contributors. appointed or transferred to Civil Service (Local Conditions) or Teaching Service (2) A contributor who transfers to the Civil Service (Local Conditions) or to the Teaching Service may, on or at any time after so transferring, elect to cease to be a contributor. (3) Where a contributor does not elect under the provisions of subsection (2), he shall continue to be a contributor and the provisions of this Act shall apply to such contributor as though he had transferred to other public service. (4) Where any person ceases to be a contributor under the provisions of this section, the provisions of this Act shall, from the date of his so ceasing, apply to such person as though he had transferred to other public service. (No. 35 of 1961 as amended by No. 28 of 1962 and S.I. No. 144 of 1965) 9. (1) The rates of contribution shall be as follows: Rates of contribution
(a) An officer whose salary, determined in accordance with the provisions of section ten, exceeds the amount given in any line of the first column below but does not exceed that given in the corresponding line of the second shall contribute at the annual rate given in the
corresponding line of the third column. Column 1 K -.. 550 . . 600 . . 800 . . 1,000. . 1,200. 1,440. . 1,680. . 1,840. . 2,200. . 2,400. . K 550 600 800 1,000 1,200 1,440 1,680 1,840 2,200 2,400 2,600 .. .. .. .. .. .. .. .. .. .. .. Column 2 K 24 30 36 48 60 72 84 96 108 120 130 Column 3
and so on, the annual contribution increasing by K10 for each step of K200 in the salary scale. (b) A contributor who before the date of his first payment of contribution under this Act or within three months after marrying shall by written notice to the Crown Agents so elect may make an additional annual contribution of one-half of the amount specified in the line in column 3 above, which is applicable to him at the date of notification or, if he so decides at the date of notification, of one-half the amount so specified which is applicable to him from time to time. A contributor who has not so elected before the date of his first contribution or within three months after marrying may be permitted so to elect at any time during his contribution term, subject to the approval of the appropriate Commission after examination by a Government Medical Board. If he so elects to make an additional annual contribution, he shall make it accordingly as from the date on which he first became a contributor or as from the first day of the month next after that in which his notice was received by the Crown Agents or as from the first day of the month next after that in which the appropriate Commission's approval was given to his subsequent election, as the case may be. A contributor who at the time of his appointment or reappointment to the service of the Governments is already making an additional annual contribution under the scheme shall (unless he elects at any time under
subsection (1) of section eleven to discontinue such additional contribution) continue to pay it as an additional annual contribution under this Act and an officer who has ceased to contribute under the scheme may on being reappointed to the service of the Governments elect to make an additional annual contribution at the rate then applicable to him from time to time. No officer shall be allowed to make more than one additional annual contribution under the scheme at the same time. (c) Any officer contributing at a rate not lower than K120 a year may, whether or not he has exercised a previous option under this paragraph, at any time elect to limit his future annual contributions to such rate provided for by paragraph (a) and not being lower than K120 a year as he shall specify, but he shall not by so electing be entitled to any refund in respect of any contribution made prior to the date of his election. (d) An officer who has opted to limit his contributions in accordance with the provisions of paragraph (c) may, subject as hereinafter provided, subsequently revoke the said option. (e) An officer who has revoked a previous option under paragraph (d) may(i) subject to the production by him of a satisfactory certificate of physical fitness signed within the preceding three months by a qualified medical practitioner, exercise a further option to limit his contribution at a higher rate; or (ii) subject to the production by him of a satisfactory certificate of physical fitness signed within the preceding three months by a qualified medical practitioner, exercise a further option to revert to the full rate of contribution appropriate to his salary; or (iii) exercise a further option to reduce his contributions to a rate not lower than K120 a year; and a revocation under paragraph (d) shall take effect only upon the exercise of one of the options conferred under this paragraph. (f) No option may be revoked under this subsection within any period of less than two years from the making of the said option. (g) Every option and every revocation of an option made under this section shall be effected by the officer giving written notice thereof to
the Permanent Secretary, Ministry of Finance, or to the Crown Agents and shall be deemed to be exercised on the first day of the month next after that in which his notice is received. (h) No officer shall after attaining the age of forty-nine contribute at a higher rate than that at which he was contributing immediately before attaining that age. (i) The provisions of paragraph (b) shall not apply to any officer who becomes a contributor after the 1st January, 1944. (2) Where a contributor is in receipt of salary from more than one East African Government, his contributions under this Act shall bear the same proportion to the contributions which he would have paid under this Act had the whole of such salary been payable by the Governments as the salary in fact payable by the Governments bears to his total salary. (As amended by No. 1 of 1946, No. 48 of 1950, No. 32 of 1955, No. 19 of 1956, No. 1 of 1960, No. 50 of 1964, G.N. No. 341 of 1964 and S.I. No. 144 of 1965) 10. For the purpose of fixing the rate of contributionDetermination of "salary''
(a) in respect of service prior to the 1st April, 1960, no regard shall be had to any personal, duty or acting allowance, nor to any other receipts, emoluments or advantages of any kind which the officer may receive or enjoy; but the contribution shall be assessed with regard only to the amount of the salary of the definite post held by the officer without previous deduction of the amount of his contribution; (b) in respect of service on or after the 1st April, 1960, the term salary shall be deemed to include salary, personal allowance (other than a personal allowance awarded in direct consequence of the implementation of recommendations made by the Salaries Commission appointed on the 6th February, 1952) and inducement allowance, but does not include duty allowance, entertainment allowance or any other emoluments whatsoever. (No. 50 of 1964 as amended by S.I. No. 144 of 1965)
11. (1) Subject to the provisions of subsection (3), all annual Period and contributions shall be paid in monthly instalments and shall, subject as manner of hereinafter mentioned, be payable until either the contributor dies, or he contribution has contributed for an exact number of years, such period of payment in
the latter case terminating on or after the forty-ninth and before the fiftieth birthday of the contributor: Provided that a contributor who is making an additional annual contribution may at any time by notification to the Crown Agents elect to discontinue such contribution either as from the next date subsequent to the receipt of his notification of election by the Crown Agents on which the instalments paid on account thereof will amount to one or more full annual contributions, or as from the beginning of the month next after that in which his notification of election is received by the Crown Agents. When a contributor so elects to discontinue an additional annual contribution, only such instalments thereof as form part of a complete annual contribution paid by him shall be taken into account for the purpose of calculating any pension under this Act, and any balance shall not be refunded except in pursuance of the provisions of section thirty-four. (2) The Crown Agents shall deduct the contributions from the salaries of contributors when they are on leave or when their salaries are wholly paid through the Crown Agents or from the pensions of contributors who retire on pension and elect to contribute under this Act and whose pensions are payable through the Crown Agents. When a contributor's salary or pension is not wholly paid through the Crown Agents, his contributions shall be deducted from his salary or pension, as the case may be, by the Government. If a contributor is on leave on half salary or under interdiction, or on leave without salary, he shall still be liable to contribute at the ordinary rate. In the last mentioned case, if the contributor does not himself pay to the Government his contributions during the period when he was on leave without salary, the amount of his contributions in arrear shall be deducted from the first payment of salary subsequent to such leave. (3) Notwithstanding the provisions of subsections (1) and (2), a contributor who has retired and whose contributions fall to be deducted from his pension may, at any time, elect to pay a lump sum in lieu of the contributions which would be payable between the date on which his election is deemed to have been exercised and the anniversary of the date he became liable to contribute falling on or after his forty-ninth birthday, and such lump sum shall be calculated in accordance with the table and instructions set out in the Third and Fourth Schedules. (4) Any election made under subsection (3) shall be effected by the
officer giving written notice thereof to the Permanent Secretary, Ministry of Finance, or the Crown Agents and shall be deemed to be exercised on the first day of the month next after that in which his notice of election is received: Provided that any such election shall be void if the full payment of the lump sum contribution is not made within thirty days of the date on which the election is deemed to have been exercised. (No 43 of 1969) 12. Repealed by Act No. 22 of 1979.
Registers of 13. Registers shall be kept by the Crown Agents in which shall be entered the date of the birth of every contributor and, if he be married, contributors to the dates of the births of his wife and children (if any), particulars of his be kept contributions, and all other dates and particulars respecting contributors and their families material to be recorded for the purposes of this Act. Information to 14. (1) Every contributor shall within three months of his first becoming a contributor under the scheme notify to the Crown Agents in be furnished by contributors writing(a) the date of his birth; and
(b) if he is a married man, or a widower with children of a pensionable age, the dates of his marriage and of the births of his wife and children (if any). (2) Every contributor who marries while a contributor shall within three months after his marriage notify the same to the Crown Agents in writing and state the date of the birth of his wife. (3) Every contributor shall notify to the Crown Agents in writing within three months from the date of the event(a) him; the birth of any child born to him or the adoption of any child by
(b)
the marriage of any female child under the age of twenty-one;
(c) the death of his wife and the death or adoption of any of his children of a pensionable age. (4) After the death of any married contributor the widow of such contributor shall notify to the Crown Agents in writing within three months from the date of the event(a) the date of the death of the contributor, if he was not at the time in the East African service; (b) the birth of any posthumous child born to such contributor; Information to be furnished by widows
(c) the marriage of any female child of such contributor under the age of twenty-one years; (d) the death or adoption of any child of such contributor while of a pensionable age; (e) her own remarriage or bankruptcy. Proof of statements
(5) Any such statement or notice shall be proved by the production of birth, death, or marriage certificates or by affidavit or otherwise, to the satisfaction of the Crown Agents. (As amended by No. 1 of 1960)
15. (1) A contributor or widow who fails or neglects to comply with Penalty for any of the requirements of the foregoing section shall, for each default, non-compliance be liable, at the discretion of the appropriate Commission, to pay a sum not exceeding four kwacha, which may be deducted from his or her salary or pension, as the case may be. (2) If a contributor or widow of a contributor shall at any time have wilfully made any false statement respecting any of the particulars required by this Act to be furnished, all or any part of the rights under the scheme of the contributor or the widow or any child of the contributor shall be liable to be forfeited at the discretion of the appropriate Commission. Penalty for false statement
(As amended by No. 17 of 1932, No. 1 of 1960, G.N. No. 341 of 1964 and S.I. No. 144 of 1965) 16. Upon the death of a contributor who is married or a widower with Pension when children of a pensionable age, the full pension registered in his name officer with shall be payable subject to the other provisions of this Act. beneficiaries dies (No. 1 of 1946) 17. The Crown Agents shall calculate the pensions payable under this Calculation of Act and shall pay the pensions as they become due. Any sum so paid as pensions and mode of charge well as any refunds of contributions paid in accordance with this Act shall be charged to the Fund: Provided that(i) in so far as pensions under this Act are paid at rates greater than those set out in the First Schedule which is deemed to have come into force on the 1st April, 1960, the whole cost of the additional payment shall be met by the Fund; (ii) where an officer's contributions under the scheme have been paid partly into the Fund and partly to one or more other East African Government(a) the amount of the pension to be charged to the Fund in respect of that officer shall be the amount attributable to the contributions paid into the Fund in respect of him and calculated in accordance with the tables applicable to that officer, together with any increase therein calculated in accordance with the provisions of this Act; (b) the amount to be charged to the Fund on account of any refund made to or in respect of that officer shall be the total amount of the contributions paid into the Fund in respect of him, together with any interest thereon calculated as prescribed in this Act. (No. 43 of 1969) 18. Subject to the provisions of this ActPensions to beneficiaries
(a) where a contributor who ceased to pay contributions before the 1st April, 1960, dies leaving one or more beneficiaries, such beneficiary,
or each of such beneficiaries, as the case may be, shall receive a pension calculated in accordance with(i) (ii) the provisions of this Act; and the pensions tables and instructions; which were in force immediately prior to the said date; (b) where a contributor who has paid contributions on or since the 1st April, 1960, dies leaving one or more beneficiaries, such beneficiary or each of such beneficiaries, as the case may be, shall receive with effect from the 1st April, 1960, or from the date of death of the contributor, whichever is the later, a pension calculated in accordance with the pension tables and instructions set out in the First and Second Schedules, which shall be deemed to have come into operation on the 1st April, 1960; (c) if pensions are payable to more than one beneficiary, each beneficiary shall receive such a proportion of the pension which he would have received if he had been the only beneficiary as unity bears to the total number of beneficiaries; (d) where there are more beneficiaries than one receiving pensions in respect of the same contributor and any of such beneficiaries ceases to exist within the meaning of this Act, the beneficiary or beneficiaries if more than one, remaining in existence shall, or each of them shall, as from the date of such cessation, receive the pension he would have received if he and the other beneficiary, or other beneficiaries, if any, remaining in existence had been the only beneficiary or beneficiaries in existence at the death of such contributor. (No. 50 of 1964) 19. (1) In addition to any other increase effected under the provisions of Bonuses in this Act or any other law, every pension referred to in subsection (2) respect of shall be further increased by an amount of ten per centum. certain pensions (2) The pensions to which subsection (1) applies are(a) all pensions being paid under the provisions of this Act on the 31st December, 1957, the increase to take effect from the 1st January, 1958; (b) registered pensions of officers who had ceased to contribute on
or before the 31st December, 1957, in so far as they relate to contributions which accrued to the Government of the former Protectorate of Northern Rhodesia; (c) those parts of the registered pensions of officers still contributing on the 1st January, 1958, purchased by contributions which fell due on or before the 31st December, 1957, in so far as they relate to contributions which have accrued to the Governments. (No. 1 of 1960 as amended by S.I. No. 144 of 1965) 20. (1) Where a beneficiary consists of the widow of a contributor, the Pension to pension payable to such beneficiary shall, subject to any deductions in widow respect of partial forfeitures under subsection (2) of section fifteen, be paid to her and shall cease on her death, bankruptcy or remarriage or on the forfeitures of the whole of such pension in accordance with the provisions of that subsection. (2) If on such pension ceasing as aforesaid there are no children of the marriage of such widow with the contributor living and of pensionable age, such beneficiary shall be deemed to cease to exist and the pension payable to it shall lapse. (3) If on such pension ceasing as aforesaid there are such children living and of pensionable age, such pension shall be continued and paid to such children as hereinafter provided and such children shall be deemed to constitute a beneficiary within the meaning of this Act. (4) A widow whose pension has on her remarriage lapsed or become payable to the children, if any, of her marriage with the contributor who are living and of pensionable age shall(a) if her husband dies in her lifetime, not being a contributor under this Act, be paid the pension which was payable to her before her remarriage(i) (ii) age; as from the date of the death of her husband; or as from the date when such children ceased to be of pensionable Lapse of widow's pension
Pension to children on lapse of widow's pension
whichever is the later; or (b) if she becomes entitled on the death of her husband, being a contributor, to be paid a pension under this Act(i) if there are children of pensionable age of her previous marriage, be paid such pension until such children cease to be of pensionable age and may then elect either to continue to be paid such pension or to be paid in lieu the pension which was payable to her before her remarriage; or (ii) if there are no such children of her previous marriage of pensionable age, elect forthwith either to be paid such pension or to be paid in lieu the pension which was payable to her before her remarriage: Provided that in the event of a widow electing to be paid the pension which was payable to her before her remarriage in lieu of any pension which may become subsequently due under this Act, such subsequent pension shall be paid to the children, if any, of her remarriage who are living and of pensionable age. (5) In subsection (4), references to the husband of a widow are references to her husband by any remarriage. (As amended by No. 19 of 1956) Pensions to 21. Where a beneficiary consists of children of a contributor, the children pension payable to such beneficiary shall be at the same rate as the pension which their mother received or would have received if she had been alive and entitled to a pension and shall be paid to such children in equal shares while they remain of pensionable age. When any of such children ceases to be of pensionable age his or her share of such pension shall be paid to the surviving children of pensionable age in equal shares, and when the last surviving child of pensionable age ceases to be of pensionable age such beneficiary shall be deemed to cease to exist and the pension payable to it shall lapse. 22. (1) In the award of any pensions which became or become due Pensions to under this Act after the 1st July, 1955, a child adopted by a contributor adopted while he was or is married to any wife shall be deemed to be the child of children the contributor by that marriage if-
(a) the contributor adopted the child before he retired from the public service; (b) the contributor was under the age of fifty-five at the time of the adoption; and (c) the adoption was in accordance with the law of the place where the contributor was resident at the time of the adoption. (2) The child of a contributor who is adopted by any other person(a) in the lifetime of a contributor, or while a pension is being paid under this Act to the mother of that child, shall be deemed, for the purposes of this Act, to have died at the date of the adoption; (b) after the death of the contributor shall, if he is being paid a pension or a share of a pension under this Act, continue to be paid such pension or such share. (No. 19 of 1956 as amended by No. 1 of 1960) 23. (1) Subject to the provisions of this section, and notwithstanding any other provision of this Act, where a child of a contributor who has attained the age of twenty-one yearsChild over 21 undergoing full-time instruction or training
(a) is receiving full-time instruction at any university, college, school or other educational establishment; or (b) is undergoing training by any person (hereinafter referred to as "the employer") for any trade, profession or vocation in such circumstances that he is required to devote the whole of his time to the training for a period of not less than two years; then, if the said full-time instruction or the said training, as the case may be, was begun before the child attained the age of twenty-one years, he or she shall be paid, or shall continue to be paid, unless the appropriate Commission directs otherwise, a pension or share of a pension under this Act as if he or she had not yet attained the age of twenty-one years.
(2) Where a pension or a share of a pension is paid, or continues to be paid, under subsection (1)(a) the pension or the share, as the case may be, shall be reduced so that when it is added to any bursary, scholarship or other like award receivable in respect of the said full-time instruction or to any emoluments receivable by a child undergoing the said training, or payable by the employer in respect of him, the total does not exceed the yearly sum of K1,200; (b) no regard shall be had to emoluments receivable or payable by way of return of any premium paid in respect of the said training; (c) the pension or the share, as the case may be, shall cease to be paid when the child attains the age of twenty-five years or, if she marries before attaining that age, shall cease to be paid to a female child on her marriage. (3) For the purposes of subsection (2), "emoluments" means any salary, fees, wages, perquisites or profits or gains whatsoever, and includes the value of free board, lodging or clothing, and where a premium has been paid in respect of the training of a child all emoluments at any time receivable by him or payable by the employer in respect of him shall be deemed to be receivable or payable by way of return of the premium, unless and except to the extent that the amount thereof exceeds in the aggregate the amount of the premium. (4) The appropriate Commission, if it thinks fit and is satisfied that a child's full-time education ought not to be regarded as completed, may direct that this section shall apply to the child notwithstanding that the said full-time instruction, or the said training, as the case may be, was not begun before the child attained the age of twenty-one years. (5) Notwithstanding any other provisions of this Act, a child to whom this section applies shall be deemed, for all the purposes of this Act, to be of pensionable age.
(6) This section shall be deemed to have come into force on the 1st January, 1958.
(No. 1 of 1960 as amended by G.N. No. 341 of 1964 and S.I. No. 144 of 1965) 24. (1) No widow of a contributor whose marriage with him is Who not contracted after he has left the public service (unless he has elected to entitled to contribute under section thirty-five and at the date of the marriage is so pension contributing or has ceased to do so by virtue of subsection (1) of section eleven) or has attained the age of fifty-five and no issue of such marriage shall constitute a beneficiary for the purpose of this Act or become entitled to pension. (2) No widow of a contributor whose husband dies within twelve calendar months of the marriage without issue of such marriage born in his lifetime or in due time after his death shall be capable of constituting a beneficiary or become entitled to any pension under this Act: Provided that the Crown Agents may grant to such widow all or any part of the pension to which she would have been entitled but for the provisions of this subsection but shall, before granting a pension to such widow, obtain from the territory in which the contributor last served the approval of(a) in respect of Zambia, the appropriate Commission; and
(b) in respect of any other territory, the appropriate authority therein. (3) Subsection (1)(a) shall not be inapplicable (notwithstanding the previous operation of that part of section thirty-eight which was repealed by Act No. 1 of 1946) by reason only of a contributor's having ceased to contribute before the date of his marriage and before the 1st January, 1944; but (b) shall not apply in respect of any contributor dying before the 8th May, 1942, or, unless the appropriate Commission directs otherwise, in respect of any contributor who ceased to rank for benefit before the 1st January, 1934. (As amended by No. 1 of 1946, No. 32 of 1963,
G.N. No. 341 of 1964, S.I. No. 144 of 1965 and No. 43 of 1969) 25. Notwithstanding any other provisions of this Act, a contributor who is dismissed from the East African service or other public service for misconduct shall cease to contribute under this Act, and(a) where such contributor is a bachelor, the total amount of his contributions under the Act shall be repaid to him without interest subject to the deduction of any sums due by him to the Government; and (b) where such contributor is a widower without children of a pensionable age, the total amount of the contributions which he has paid since the death of his last wife or the ceasing to be of a pensionable age of his last child, whichever event shall have last happened, shall be repaid to him without interest subject to the deduction of any sums due by him to the Government; and (c) where such contributor is married or is a widower with a child of pensionable age, he shall continue to rank for benefit to the extent of such part of the pension registered in his name as his past contributions have earned. (No. 1 of 1946) 26. All pensions payable under this Act shall commence upon the death of the contributor in respect of whom they are payable, shall accrue daily, and shall be payable monthly in arrear: Pension: when to commence and how payable Provisions consequent upon an officer being dismissed for misconduct
Provided that a pension may be payable quarterly instead of monthly if the pensioner so desires. 27. If a widow's pension ceases in her lifetime by reason of her bankruptcy, and there are no children of hers to whom such pension can be continued in accordance with subsection (3) of section twenty, the Crown Agents may, from time to time, during the remainder of her life, or during such shorter period or periods, either continuous or discontinuous, as shall be thought fit, pay to such widow an allowance at a rate not exceeding the rate of such pension, or may apply the same for the maintenance and personal support or benefit of such widow, in such manner as the Crown Agents may, from time to time, think proper, but the Crown Agents shall, before granting such allowance, obtain from the territory in which the contributor last served the approval ofAllowance in lieu of pension to widow on bankruptcy
(a)
in the case of Zambia, the appropriate Commission; and
(b) in respect of any other territory, the appropriate authority therein. (No. 43 of 1969) 28. No pension payable under this Act and no rights of any contributor Pension not to acquired hereunder shall be assignable or transferable or liable to be be assigned or attached, sequestered or levied upon for, or in respect of, any debt or levied upon claim whatsoever. 29. If the widow of a contributor while in receipt of a pension does not assist or deserts or abandons a child of hers by the contributor whom she is bound by law to maintain and who is of a pensionable age, the appropriate Commission may direct the Crown Agents to pay to a fit and proper person on behalf of such child, such portion of the pension as it may think fit, and the widow shall have no further claim in respect of such portion. (G.N. No. 341 of 1964 as amended by S.I. No. 144 of 1965) 30. In all cases where under this Act the parties entitled to pensions are minors, such pensions may be paid, either to the legal guardian, or guardians, of such minors, or to such minors, or such person or persons as the Crown Agents may, in their discretion, think fit and proper persons to apply the same for the benefit of such minors, and after such payment, the Crown Agents and the Governments shall be free from all responsibility in respect of such payment: Provided that the Crown Agents shall not pay such pensions to a person or persons other than the parties entitled to such pensions without the concurrence of the appropriate Commission. (As amended by G.N. No. 341 of 1964 and S.I. No. 144 of 1965) 31. The Crown Agents may require such proof as they deem desirable that any person claiming to be entitled to pension or on behalf of whom such claim is made, is alive and entitled to pension, and the payment of any pension may be refused until such proof is furnished to the satisfaction of the appropriate Commission. Proof of title may be required before payment of pension Proof of title may be required before payment of pension Discretion as to payment of minors' pensions Payment of pension to persons acting on behalf of minors in case of desertion
(As amended by G.N. No. 341 of 1964 and S.I. No. 144 of 1965) 32. Increases of contributions shall rank for the purpose of calculating Increases of pensions as if they were fresh entrances at the respective ages of contributions husband and wife when the increase takes place. 33. If the salary, determined in accordance with the provisions of section ten, of a contributor be reduced so that he comes under a lower scale of contribution under section nine, he may upon giving notice in writing to the Crown Agents of his desire to do so continue to contribute at the rate formerly paid, in which case his widow or children shall be entitled to pension accordingly, but if his rate of contribution be reduced any pension to his widow or children shall be reduced in the same proportion as it would have been increased had his rate of contribution been raised instead of lowered. (As amended by No. 50 of 1964) 34. (1) If a contributor beingRefund of contributions to bachelor and widower without children of pensionable age Contributions may continue in full if salary reduced
(a) (b)
a bachelor; or a widower without children of pensionable age;
leaves, attains the age of fifty-five years while still serving in, or dies in, the East African service, there shall be payable to him or his legal representativeA. if such contributor is a bachelor, the total amount of his contributions together with compound interest thereon calculated with annual rests at the rate of two and one-half per centum; and B. if such contributor is a widower without children of a pensionable age, the total amount of contributions which he has paid since the death of his last wife or the ceasing to be of a pensionable age of his last child, whichever event shall have last happened, together with compound interest thereon calculated with annual rests at the rate of two and one-half per centum:
Provided that(i) if any such contributor leaves the East African service and is, without break of service, transferred to other public service in which an approved scheme has been established, he may, at his option exercisable within three months after he ceases to draw salary from the Governments, elect not to receive a refund of his contributions with interest thereon as herein-before provided. The total amount to which he would be entitled on such refund shall thereupon remain as part of the funds of the scheme, and, together with an amount representing compound interest calculated as from the date of his transfer with annual rests at the rate of two and one-half per centum shall(a) if the contributor marries, be taken into account for the purpose of calculating any pension under this Act; or (b) if the contributor dies or retires from the public service, be paid to him or to his legal representative; (ii) if any such contributor who so leaves the East African service is transferred to any other public service in which no approved scheme has been established, he may, at his option exercisable within three months after he ceases to draw salary from the Governments, elect not to receive a refund with interest thereon as hereinbefore provided but to continue to contribute under this Act at the rate at which he was contributing immediately before he left the East African service. Such contributor may at any time thereafter cease to continue his contributions and in the event of his so ceasing to contributeis transferred to service which has no approved scheme (a) if he is then married or is a widower with children of a pensionable age, any pension payable on his death shall be reduced so as to correspond with the payments he has made; and (b) in any other case, the provisions of this subsection proceeding provisos (i) and (ii) shall apply as if he had left the East African service at the date on which he so ceased to contribute. (2) A contributor who has become entitled to a refund of contributions shall cease to rank for benefit by way of pension under this Act. (3) Where a contributor is entitled to elect under this Act not to receive such refund, he shall not become entitled to a refund unless and until the time prescribed for the exercise of the election has expired and the election has not been exercised. Option for bachelor and widower without children of pensionable age Option for bachelor and widower without children of pensionable age who is transferred
(No. 1 of 1946 as amended by S.I. No. 144 of 1965) 35. (1) Notwithstanding the provisions of section thirty-four, any contributor such as is mentioned in that sectionOption given to certain officers who have left the service to elect to continue contributions
(a) who is, or has been compelled, after the 1st January, 1931, to leave the East African service in consequence of the abolition of his office, or with a view to affecting economy; and (b) who is not transferred to other public service; and
(c) who is in receipt of a pension granted in respect of his service in East Africa; may, not later than three months after the 31st December, 1932, or one month after the date upon which he leaves the East African service, whichever shall be the later, elect, in lieu of receiving repayment of his contributions under section thirty-four, to continue to make contributions, which shall be deducted from his pension, at the rate at which he was contributing immediately before he left the East African service. (2) The date of the exercise of the option under this section shall be deemed to be the receipt of written notification addressed by the contributor either to the Permanent Secretary (Eastablishments) or to the Crown Agents. (3) A contributor who shall have elected under this section to continue to make contributions may, at any time after leaving the East African service, cease to contribute. When such a contributor so ceases to contribute then(a) if he is married or a widower with children of a pensionable age, any pension payable on his death shall be reduced so as to correspond with the payments he has made;
(b) in any other case, section thirty-four shall apply as if he had left the East African service at the date on which he so ceased to contribute. (No. 24 of 1932 as amended by No. 1 of 1946 and G.N. No. 341 of 1964) 36. If a contributor leaves the East African service and is transferred to any other public service, and while in such public service ceases to be married by death or divorce, is without children of pensionable age, and without having remarried, retires or otherwise leaves such public service, or dies, there shall be payable to him, or to his legal representative, the total amount of contributions which he has paid since(a) (b) (c) the death of his last wife; or the termination of his marriage by divorce; or his youngest child ceased to be of pensionable age; Contributions repayable in certain circumstances
whichever event shall have last happened, together with compound interest thereon calculated with annual rests at the rate of two and one-half per centum. (No. 12 of 1950) 37. Notwithstanding any other provisions in this Act, where a contributor who has made an election under subsection (3) of section eleven dies or ceases to be eligible to contribute under this Act before the expiry of the period in respect of which contributions were made in a lump sum, a refund of contributions calculated in accordance with the table and instructions set out in the Third and Fourth Schedules shall be made(a) in the case of a contributor who dies, to his widow, or if there is no widow, to the other beneficiary under the Act, and if there is no beneficiary, to the contributor's legal representative: Provided that where a beneficiary consists of the contributor's children of pensionable age, the payment due shall be paid to such children in equal shares; and (b) in the case of a contributor ceasing to be eligible to contribute under this Act, to the contributor. (No. 43 of 1969) 38. (1) If a contributor in the service of the Governments who is married or who is a widower with children of a pensionable age and Contributor married or Refund of contributions made in lump sum
whose period of payment of contribution has not expired-
widower with pensionable children leaving East African service on transfer, pension or when of pensionable standing
(a) is transferred to other public service not being East African service; or (b) being an officer who became a contributor prior to the 1st January, 1944, otherwise leaves the East African service, except on retirement on pension, and his service is of such a nature and of such length as would have rendered him eligible for a pension if he had been retired from the East African service on medical certificate; he may continue to contribute at the rate at which he was contributing immediately before he left the East African service. He may, on or at any time after so leaving the East African service, cease to contribute. If he so ceases to contribute, any pension payable on his death shall be reduced so as to correspond with the payments he has made. (2) If a contributor under this Act is appointed to the service of another East African Government and he is not in receipt of a salary from the Governments, he shall cease to contribute under this Act as from the date of such appointment. (As amended by No. 1 of 1946 and S.I. No. 144 of 1965) 39. (1) If a contributor who is married or who is a widower with children of a pensionable age, and whose period of payment of contributions has not expired, retires on pension from the East African service or from other public service and at such date was contributing under this Act, he shall continue to contribute at the rate at which he was contributing immediately prior to the date of his retirement: Provided thatOption to contributor retiring on pension to cease or continue contributing
(i) any such contributor in lieu of so contributing may, at any time, elect at his option(a) to cease contributing under this Act; or (b) notwithstanding the provisions of section ten, to pay contributions assessed on the amount of his pension; or (c) if contributing at a rate in excess of K120 a year, to reduce contributions to any rate which is not lower than K120 a year and is a multiple of K10; and in the event of his exercising his option the amount of the pension registered in his name shall be adjusted accordingly; (ii) should any such contributor after the date of his retirement become a widower without children of a pensionable age, he shall forthwith cease to contribute and shall cease to be entitled to rank for benefit under this Act either by way of pension or return of contributions; (iii) a contributor who has elected to pay contributions in a lump sum in accordance with subsection (3) of section eleven may not subsequently elect to cease to contribute or to vary the rate of contributions on which that lump sum payment was calculated. (2) Where any such contributor who has elected under proviso (i) (a) to subsection (1) ceases contributing under this Act dies within two years of his retirement on pension on the grounds of ill health, the full pension registered in his name on the day immediately proceeding his retirement shall be payable subject to the other provisions of this Act. (3) Where any such contributor who has elected under proviso (i) (b) to subsection (1) to pay contributions assessed on his pension dies within three years of the date of his retirement on pension on the grounds of ill health, the full pension registered in his name under this Act on the day immediately preceeding his retirement shall be payable subject to the other provisions of this Act. (4) Where an officer has elected or been compelled to receive a reduced pension and gratuity, in lieu of a pension which he might have received but for such election or compulsion, his pension shall, for the purpose of calculating his contributions under proviso (i) (b) to subsection (1), be deemed to be the amount of the unreduced pension which he might have so received.
(No. 43 of 1969) 40. If a contributor who is married or who is a widower with children of a pensionable age and who has not served the period necessary to qualify him for pension but who is otherwise eligible therefor retires from the East African service or other public service on a medical certificate before his period of contribution has expired, ceases to contribute and dies within two years of the date of his retirement, the full pension registered in his name on the date immediately preceding his retirement shall be payable subject to the other provisions of this Act. (No. 1 of 1946) 41. (1) A contributor who is married or who is a widower with children Registered of a pensionable age andpension in the case of non-pensionable officers leaving the service (a) whose service is not of such a nature or is not of such length as would render him eligible for a pension if retired from the East African service on a medical certificate and who retires from the East African service or other public service; or (b) whose service is of such a nature and of such length as would have rendered him eligible for pension if he had retired from the East African service on a medical certificate and who, being an officer who became a contributor under this Act on or after the 1st January, 1944, retires from the East African service otherwise than on pension; shall have registered in his name the pension actually earned by his past contributions and shall not be eligible to continue to contribute after the date of his retirement: Provided that(i) any such contributor may at his option exercisable as hereinafter provided in lieu of having registered such pension elect to have registered the full pension which was registered in his name at the date of his retirement for a period commencing from such date and equal to one-half of the period during which he contributed under this Act and if he is alive on the expiration of the above-mentioned period during which he was entitled to rank for benefit under the scheme, he shall Pension payable when a pensionable officer retires on account of ill health and dies within two years
cease to be entitled to rank for benefit whether by way of pension or return of contributions; and (ii) where any such contributor who has exercised his option and elected under proviso (i) to have the full pension registered in his name is appointed or reappointed to the service of the Governments before the expiration of the period for which the full pension is registered as aforesaid he shall, as from the date of his appointment or reappointment, commence or recommence to pay contributions under this Act, or, if he so elects within three months of his appointment or reappointment, as from the expiration of the said period. (2) (a) The option referred to in proviso (i) to subsection (1) shall be exercisable not later than three months after the date on which the contributor ceases to draw salary. (b) The date of the exercise of the options under this section shall be deemed to be the date of the receipt of the officer's written notification addressed either to the Permanent Secretary (Establishments) or to the Crown Agents. (No. 1 of 1946 as amended by G.N. No. 341 of 1964 and S.I. No. 144 of 1965) 42. The Pension Tables may be revised from time to time after an Periodical revision of investigation by an actuary appointed by the Crown Agents. Such investigations shall take place at such dates as the Crown Agents may Pension Tables from time to time determine, being not more than ten years from the date when the scheme has come into operation or from the date of the last investigation. If after such an investigation the actuary recommends that revised Pension Tables should be adopted, the new Pension Tables shall be brought into use in accordance with instructions scheduled to such Tables. (G.N. No. 341 of 1964 as amended by No. 50 of 1964) 43. All questions and disputes as to who is entitled to be deemed a contributor, or as to the right of a widow or child to a pension, or as to the amount of such pension, or as to the rights and liabilities of any person under this Act shall be referred by the Crown Agents in the case of the contributors concerned serving or having last served(a) in Zambia, to the appropriate Commission; and (b) in any other territory, to the appropriate authority therein; and the decision of the appropriate Commission, or the appropriate authority, as the case may be, shall be binding and conclusive on all Questions and disputes to be decided by appropriate Commission or authority
parties, and shall be final to all intents and purposes and, save as otherwise provided by the constitutional instruments, shall not be subject to appeal or to be questioned or revised by any court of justice. (No. 43 of 1969) 44. The Government shall bear such proportion as the Crown Agents may from time to time determine of the cost of the management of the scheme including the amount of any expenditure incurred for actuarial advice or investigations in connection with the scheme. (As amended by G.N. No. 341 of 1964 and S.I. No. 144 of 1965) 45. It shall be lawful for the President, from time to time by statutory Rules and instrument, to frame rules and regulations, not inconsistent herewith, for regulations the proper carrying out of the provisions of this Act, and from time to time to repeal, alter or vary the same. (As amended by G.N. No. 341 of 1964 and S.I. No. 144 of 1965) 46. Unless otherwise provided by this Act, all notices of election given Notices of by officers under the provisions of this Act shall be irrevocable. election irrevocable 47. For the payment of contributions or of pensions under this Act the Rates of rate or rates of exchange, in all cases where conversion is necessary exchange from sterling to any other currency, shall be such as may be fixed from time to time by the Governments for such purposes. (As amended by S.I. No. 144 of 1965) 48. (1) Where an officer shall be on leave from the service of the Position of Governments for the purpose of serving with the Defence Force in time officers on war of war, or in consequence of having so served, then, notwithstanding service anything contained in any other provisions of this Act, his salary shall, for the purpose of computing his contributions under this Act, be deemed to be the salary which he would have received had he remained on duty in his substantive office. (2) Where an officer shall, with the approval of the appropriate Commission, have left the service of the Governments for the purpose Cost of management of scheme
aforesaid, then, notwithstanding anything contained in any other provisions of this Act, so long as it shall be the expressed intention of the Governments and of the officer that he should, as soon as practicable after the termination of this service with the Defence Force return to the service of the Governments, he may, by electing in such manner and within such time as may be directed by the appropriate Commission, continue to contribute. If he so elect his salary shall, for the purpose of computing his contributions, be deemed to be the salary which he would have received, with all increments for which he would have been eligible, if he had continued to hold the substantive office held by him immediately before so leaving the service of the Governments: Provided that(i) if and so long as the officer shall be in receipt from the funds of the Governments of payment in the nature of salary or other emoluments equivalent to, or greater than, the contributions which would be due from him if he elected under this subsection to continue to contribute, he shall continue to contribute as aforesaid whether he shall or shall not elect so to do; and (ii) where and so long as the provisions of this subsection relating to the return of the officer to the service of the Governments are inapplicable by reason only of a proposal that such officer should be appointed to other service under Her Britannic Majesty, this subsection shall continue to apply to him until he is so appointed; and when he shall be so appointed he shall be deemed, for the purposes of this Act, to have been transferred to such other service. (3) Where in any case to which subsection (1) or (2) applies, payment is being made from the funds of the Governments to the officer in the nature of salary or other emoluments, his contributions may be deducted from the sums so payable; and where no such payment is being made, or if the contributions of the officer exceed such payments, the contributions or the balance thereof, as the case may be, shall be paid by the officer. (4) If any officer who is entitled, under subsection (2), to elect to continue to contrubute does not duly so elect, or if any officer fails to pay when due any sum payable by him under subsection (3), the appropriate Commission may give either or both of the following directions, that is to say: (a) that the officer shall cease to contribute as from a date (which
may be prior to the date of the direction) to be specified in the direction; and (b) that the Pensions (War Service) Act, Chapter 60 of the 1948 Edition of the Laws, shall not apply to this case; and any such direction shall have the force of law. (5) This section, notwithstanding anything contained therein, shall not Cap. 266 apply where the office in the service of the Governments last held by the officer prior to service in the Defence Force was not a pensionable office for the purposes of the European Officers' Pensions Act, except where in any particular case the appropriate Commission otherwise directs. (No. 24 of 1940 as amended by G.N. No. 341 of 1964 and S.I. No. 144 of 1965) 49. Notwithstanding any of the foregoing provisions of this Act, any officer who was a contributor under the Palestine Widows' and Orphans' Pensions Ordinance, 1944, immediately before the termination of His Britannic Majesty's jurisdiction in Palestine, and who is appointed to the service of the Governments, may become a contributor if, not later than three months after such appointment or after the commencement of Act No. 12 of 1950, whichever is the later, such officer makes a lump sum payment under the provisions of this Act, equal to the accumulated contributions he has paid under such Palestine Ordinance, and he shall lthen be deemed to have been a contributor, from the date he would have become a contributor, had such lump sum been contributed by way of annual contributions under the provisions of this Act. (No. 12 of 1950 as amended by S.I. No. 144 of 1965) *FIRST SCHEDULE (Section 18) PENSION TABLES * This Schedule is deemed to have come into force on 1st April, 1960. (See Act No. 50 of 1964.) Officers from Palestine may become contributors
TABLE A
The yearly pension, payable by monthly instalments, which a single payment of 1 will secure.
Age of husband last birthday 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 Age of wife last birthday
20 1.429 1.351 1.282 1.220 1.149 1.087 1.020 .962 .909 .855 .806 .763 .719 .680 .641 .602 .568 .535 .505 .478 .452 .429 .408 .388 .368 .350 .333 .317 .303 .290 .277 .266 .255 .245 .236
25 1.562 1.493 1.408 1.333 1.250 1.176 1.111 1.042 .980 .926 .870 .820 .769 .725 .680 .637 .599 .562 .529 .498 .469 .442 .418 .395 .375 .355 .337 .319 .304 .289 .275 .263 .251 .240 .230
30 1.754 1.667 1.587 1.493 1.408 1.316 1.235 1.163 1.087 1.020 .962 .901 .847 .794 .741 .694 .649 .610 .571 .535 .503 .472 .444 .418 .395 .373 .352 .333 .316 .300 .285 .271 .258 .246 .235
35 2.000 1.923 1.818 1.724 1.613 1.515 1.429 1.333 1.250 1.176 1.099 1.031 .962 .901 .840 .781 .730 .680 .637 .595 .556 .521 .488 .457 .429 .403 .379 .357 .337 .318 .301 .286 .272 .258 .246
40 2.326 2.222 2.128 2.000 1.887 1.754 1.639 1.538 1.449 1.370 1.282 1.205 1.124 1.053 .980 .909 .847 .787 .730 .680 .633 .588 .546 .510 .478 .448 .420 .395 .372 .350 .329 .311 .294 .279 .265
45
50
55
60
65
2.128 2.000 1.887 1.754 1.639 1.538 1.449 1.351 1.250 1.163 1.075 1.000 .926 .862 .800 .741 .690 .641 .595 .556 .518 .483 .450 .422 .395 .372 .350 .330 .312 .294
1.887 1.754 1.639 1.538 1.429 1.333 1.235 1.136 1.053 .971 .901 .833 .775 .719 .667 .621 .578 .538 .500 .467 .437 .408 .383 .360 .339
1.695 1.562 1.449 1.333 1.235 1.136 1.053 .971 .901 .833 .769 .714 .662 .613 .571 .535 .500 .467 .439 .412
1.493 1.389 1.282 1.176 1.087 1.000 .926 .862 .800 .741 .690 .641 .599 .559 .524
1.370 1.266 1.176 1.087 1.000 .926 .862 .806 .752 .704
* This Schedule is deemed to have come into force on 1st April, 1960. (See Act No. 50 of 1964.)
TABLE B The yearly pension, payable by monthly instalments, which a yearly contribution of 1, payable by monthly instalments, will secure.
Age of husband last birth day 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48
Age of wife last birthday 20 19.67 18.43 17.22 16.05 14.92 13.83 12.78 11.79 10.85 9.96 9.13 8.35 7.62 6.94 6.30 5.69 5.11 4.57 4.06 3.58 3.13 2.71 2.32 1.94 1.58 1.24 .91 .59 .29 25 21.50 20.10 18.74 17.43 16.17 14.96 13.81 12.73 11.71 10.75 9.85 9.00 8.19 7.42 6.70 6.02 5.38 4.78 4.23 3.72 3.25 2.81 2.39 1.99 1.61 1.26 .92 .60 .29 30 24.15 22.54 21.00 19.52 18.10 16.74 15.44 14.21 13.04 11.94 10.90 9.92 9.00 8.13 7.32 6.56 5.85 5.19 4.58 4.01 3.48 2.98 2.52 2.09 1.69 1.32 .97 .63 .31 35 27.53 25.79 24.10 22.45 20.84 19.28 17.78 16.35 14.98 13.68 12.45 11.29 10.20 9.19 8.25 7.38 6.57 5.81 5.11 4.46 3.85 3.28 2.76 2.28 1.84 1.43 1.05 .68 .33 40 32.02 29.93 27.91 25.97 24.11 22.32 20.61 18.97 17.41 15.93 14.52 13.18 11.92 10.74 9.63 8.59 7.62 6.72 5.88 5.10 4.38 3.72 3.12 2.57 2.06 1.59 1.15 .74 .36 45 50 55 60 65
27.08 24.96 22.94 21.01 19.17 17.42 15.76 14.21 12.76 11.41 10.15 8.98 7.89 6.89 5.97 5.13 4.36 3.65 3.00 2.40 1.84 1.32 .85 .41
21.37 19.44 17.59 15.83 14.16 12.59 11.11 9.73 8.46 7.30 6.24 5.27 4.39 3.59 2.86 2.20 1.60 1.03 .50
16.01 14.07 12.30 10.68 9.21 7.87 6.65 5.54 4.52 3.58 2.73 1.96 1.25 .60
10.34 8.72 7.22 5.86 4.64 3.54 2.54 1.62 .78
4.86 3.47 2.20 1.05
TABLE C The single payment which will secure a yearly pension of 1, payable by monthly instalments.
Age of husband last birthday 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54
Age of wife last birthday 20 .70 .74 .78 .82 .87 .92 .98 1.04 1.10 1.17 1.24 1.31 1.39 1.47 1.56 1.66 1.76 1.87 1.98 2.09 2.21 2.33 2.45 2.58 2.72 2.86 3.00 3.15 3.30 3.45 3.61 3.76 3.92 4.08 4.24 25 .64 .67 .71 .75 .80 .85 .90 .96 1.02 1.08 1.15 1.22 1.30 1.38 1.47 1.57 1.67 1.78 1.89 2.01 2.13 2.26 2.39 2.53 2.67 2.82 2.97 3.13 3.29 3.46 3.63 3.80 3.98 4.16 4.34 30 .57 .60 .63 .67 .71 .76 .81 .86 .92 .98 1.04 1.11 1.18 1.26 1.35 1.44 1.54 1.64 1.75 1.87 1.99 2.12 2.25 2.39 2.53 2.68 2.84 3.00 3.16 3.33 3.51 3.69 3.87 4.06 4.25 35 .50 .52 .55 .58 .62 .66 .70 .75 .80 .85 .91 .97 1.04 1.11 1.19 1.28 1.37 1.47 1.57 1.68 1.80 1.92 2.05 2.19 2.33 2.48 2.64 2.80 2.97 3.14 3.32 3.50 3.68 3.87 4.07 40 .43 .45 .47 .50 .53 .57 .61 .65 .69 .73 .78 .83 .89 .95 1.02 1.10 1.18 1.27 1.37 1.47 1.58 1.70 1.83 1.96 2.09 2.23 2.38 2.53 2.69 2.86 3.04 3.22 3.40 3.59 3.78 45 50 55 60 65
.47 .50 .53 .57 .61 .65 .69 .74 .80 .86 .93 1.00 1.08 1.16 1.25 1.35 1.45 1.56 1.68 1.80 1.93 2.07 2.22 2.37 2.53 2.69 2.86 3.03 3.21 3.40
.53 .57 .61 .65 .70 .75 .81 .88 .95 1.03 1.11 1.20 1.29 1.39 1.50 1.61 1.73 1.86 2.00 2.14 2.29 2.45 2.61 2.78 2.95
.59 .64 .69 .75 .81 .88 .95 1.03 1.11 1.20 1.30 1.40 1.51 1.63 1.75 1.87 2.00 2.14 2.28 2.43
.67 .72 .78 .85 .92 1.00 1.08 1.16 1.25 1.35 1.45 1.56 1.67 1.79 1.91
.73 .79 .85 .92 1.00 1.08 1.16 1.24 1.33 1.42
(No. 50 of 1964)
*SECOND SCHEDULE * This Schedule is deemed to have come into force on 1st April, 1960. (See Act No. 50 of 1964.) (Section 18) Instructions for the Use of the Pension Tables NOTE (1). The registered pension in respect of every married or widowed officer who ceased to contribute before 1st April, 1960, shall continue to be computed on the tables and instructions in force on 31st March, 1960. NOTE (2). The pension as at 1st April, 1960 ("the original pension") computed on the tables and instructions in force on 31st March, 1960, and registered in respect of each married or widowed officer who began to contribute before, and was still contributing on, 1st April, 1960, shall be recomputed as follows: (i) The original pension shall be divided into two parts(a) the part purchased by contributions which fell due on or before 31st March, 1960; and (b) the part to be purchased by contributions falling due on or after 1st April, 1960. (ii) Part (b) shall be recomputed by applying to Table B in the First Schedule the amount of the annual contribution as at 1st April, 1960. (iii) The registered pension at 1st April, 1960, shall be obtained by adding the recomputed Part (b) to Part (a), except that if Part (b) before recomputation is greater than the original pension, the recomputed pension shall be equal to the recomputed Part (b). (For examples see Part G.) NOTE (3). The tables and instructions in the First Schedule shall apply(i) to all pensions registered in respect of officers who began to contribute on or after 1st April, 1960; (ii) to all pensions registered in respect of officers who were contributing on 1st April, 1960, for the purpose of computing variations when their rates of contribution rise or fall on or after that date; (iii) to all pensions registered on marriage in respect of bachelors who marry on or after 1st April, 1960, in relation to contributions paid both before and after marriage; and (iv) to all pensions registered in respect of widowers for the purpose of computing variations if they remarry on or after 1st April, 1960: Provided that the tables in force on 31st March, 1960, shall continue to apply in the case of any officer who made a contribution between 1st April, 1960, and 1st August, 1964, if such application would be to the advantage of the beneficiaries.
A-CONTRIBUTOR WHO BEGAN TO
CONTRIBUTE WHILE A BACHELOR

I-First Wife's Prospective Pension The registered pension to be recorded on marriage is found by adding together the two amounts calculated in accordance with the following Rules: If the contributor began to contribute on or after 1st July, 1936-apply Rule I (a) (1) and Rule I (b). If the contributor began to contribute before 1st July, 1936-apply Rule I (a) (2) and Rule I (b). (a) Pension in consideration of the contributions paid during bachelorhood. Rule I (a (1). For contributors who began to contribute on 1st July, 1936, or later, accumulate the contributions at 6 per centum compound interest with yearly rests at each 31st December, and multiply the result by the quantity found from Table A corresponding to the respective ages last birthday of the husband and wife at the date of marriage. The product gives the registered pension on account of the contributions paid during bachelorhood. Rule I (a) (2). For contributors who began to contribute prior to 1st July, 1936, accumulate the contributions at 8 per centum compound interest with yearly rests at each 31st December up to 31st December, 1935. Add simple interest at 8 per centum per annum up to 30th June, 1936. Add simple interest at 6 per centum per annum on the accumulated contributions thus obtained to 31st December, 1936. Accumulate thereafter at 6 per centum compound interest with yearly *This Schedule is deemed to have come into force on 1st April, 1960. (See Act No. 50 of 1964.) rests at each 31st December, and multiply the result by the quantity found from Table A corresponding to the respective ages last birthday of the husband and wife at the date of marriage (as at Rule I (a) (1)). The product gives the registered pension on account of the contribution paid during bachelorhood. (b) Pension in consideration of the annual contribution at the date of marriage. Rule I (b). Multiply the amount of the annual contribution by the quantity found from Table B corresponding to the respective ages last birthday of the husband and wife at the date of marriage. The product gives the registered pension on account of the annual contribution at the date of marriage. Example: Officer born on-4th May, 1934.
Officer began to contribute on-1st January, 1958. Officer married on-30th September, 1960. Wife born on-5th September, 1937. Officer' age last birthday at date of marriage-26. Wife' age last birthday at date of marriage-23 Annual contribution: K 1st January, 1958, to 31st December, 1958 .................. 48.00 1st January, 1959, to 31st December, 1959 .................. 48.00 1st January, 1960, to date of marriage .......................... 60.00 Accumulation of contributions paid during bachelorhood: RULE I (a) (1) Contributions from 1st January, 1958, to 31st December, 1958 48.00 Contributions during 1959 ................................................. 48.00 One year's interest at 6 per centum on K48 ....................... 2.88 K98.88 Contributions from 1st January, 1960, to date of marriage 45.00 Three-quarters year's interest at 6 per centum on K98.88 . 4.45 Total accumulations ...................................................... K148.33 Quantity found from Table A: Husband aged 26 last birthday Wife aged 23 last birthday
* See F which gives the method of calculation of quantities not immediately available from the tables. Then the registered pension in consideration of contributions paid during bachelorhood = K148.33 x 1.075 = K159.46.
1.075*
RULE I (b) Annual contribution current at date of marriage = K60. Quantity found from Table B: Husband aged 26 last birthday Wife aged 23 last birthday
* See F which gives the method of calculation of quantities not immediately available from the tables. Then the registered pension in consideration of annual contribution at marriage = K60 x 13.40 = K804. Total registered pension recorded on marriage of the bachelorK By Rule I (a) (1)................................................................................................................... 159.46 By Rule I (b) ..................................................................................................................
13.40***
804.00
K963.46
(c) Variations of pension consequent on increments to, and decrements from, the annual contribution while the contributor is married to his first wife. Rule I (c). Multiply the amount of the increment to, or the decrement from, the annual contribution by the quantity found from Table B corresponding to the respective ages last birthday of the husband and wife at the date of the variation of the contribution.
*See F which gives the method of calculation of quantities not immediately available from the tables. The product gives the amount to be added to the registered pension consequent on the increment to the annual contribution, or, as the case may be, the amount to be deducted from the registered pension consequent on the decrement from the annual contribution. The cessation of the contribution from any cause except death before the completion of the full period of contribution must be regarded as a decrement from the annual contribution equal to the amount of such annual contribution. Example: Assume particulars as in example subjoined to Rules I (a) (1) and I (b). Annual contribution increased on 1st June, 1962, from K60 to K72. Annual contribution ceased on 15th May, 1963. 1st June, 1962, increment to annual contribution-K12. Quantity found from Table B: Husband aged 28 last birthday
} 11.54* Wife aged 24 last birthday * See F which gives the method of calculation of quantities not immediately available from the tables. Then amount to be added to registered pension-K12 x 11.54 = K138.48.
K Registered pension a date of marriage ................................................................................................... 963.46 Add registered pension purchased by increment of K12 ................................................................... Registered pension at 1st June, 1962
138.48
K1,101.94
15th May, 1963, decrement from annual contribution due to cessation of payment of contribution-K72. Quantity found from Table B: Husband aged 29 last birthday
} 10.75* Wife aged 25 last birthday * See F which gives the method of calculation of quantities not immediately available from the tables. Amount to be deducted from registered pension-K72 x 10.75 = K774.
K Registered pension at 1st June, 1962 .................................................................................................. 1,101.94 Deduct registered pension due to cessation of contribution of K72............................................ Registered pension at 15th May, 1963 ......................................................................
774.00 K327.94
II-Second and Subsequent Wife's Prospective Pension (a) Variations of pension consequent on increments to, and decrements from, the annual contribution while the contributor is a widower. Rule II (a). Assume that the contributor is married to a wife of the age that his last preceding wife would have been had she survived to the date of the variation of the contribution, and proceed in accordance with Rule I (c). Example of the application of Rule II (a): If the particulars are as in the example subjoined to Rule I (c) except that the first wife, who was born on 5th September, 1937, died on 7th June, 1961, it will be assumed that the contributor was, at the date of each of the two variations of the contribution, married to a wife who was born on 5th September, 1937. The calculations will then be identical with those given in the sample subjoined to Rule I (c). (b) Variations of pension consequent on the remarriage of the contributor. If the second or subsequent wife was, at the date of the remarriage, of the same age last
birthday as the last preceding wife would have been had she survived, the registered pension remains the same. Rule II (b). If the second or subsequent wife is younger or older than the last preceding wife would have been had she survived, multiply the amount of the registered pension by the quantity found from Table C corresponding to the age last birthday of the husband at the date of remarriage, and the age last birthday which the last preceding wife would have attained had she survived to that date; multiply the product so obtained by the quantity found from Table A corresponding to the respective ages last birthday of the husband and of the second or subsequent wife at the date of the remarriage. The result gives the registered pension to be recorded on the remarriage of the contributor. *See F which gives the method of calculation of quantities not immediately available from the tables. Example: Assume particulars as in the example subjoined to Rule I (c). First wife died on-7th June, 1961. Contributor remarried on-11th September, 1962. Contributor's age last birthday at date of remarriage-28. Second wife born on-30th April, 1941. Second wife's age last birthday at date of remarriage-21. Age last birthday which the first wife would have attained had she survived to the date of the remarriage-25. 11th September, 1962-the second wife being younger than the first wife would have been had she survived, the registered pension of K1,101.94 (see example subjoined to Rule I (c)) has to be recalculated. Quantity found from Table C: Husband aged 28 last birthday First wife aged 25 last birthday } 1.02*
* See F which gives the method of calculation of quantities not immediately available from the tables.
Quantity found from Table A: Husband aged 28 last birthday Second wife aged 21 last birthday
} .923*
* See F which gives the method of calculation of quantities not immediately available from the tables. Registered pension at 11th September, 1962 = K1,101.94 x 1.02 x .923 = K1,037.43. (c) Variations of pension consequent on increments to, and decrements from, the annual contribution while the contributor is married to his second or subsequent wife. Rule II (c). Proceed as in Rule I (c).
B-CONTRIBUTOR WHO BEGAN TO CONTRIBUTE WHILE MARRIED
III-First Wife's Prospective Pension Where an officer began to contribute while married, the wife at the date of commencement of contributions is to be considered as the officer's first wife, and no particulars are to be recorded respecting any former wife unless there was issue of pensionable age of such former wife (see C, Rule V). (a) Pension in consideration of the annual contribution at the date of commencement of contributions. Rule III (a). Multiply the amount of the annual contribution by the quantity found from Table B corresponding to the respective ages last birthday of the husband and wife at the date of commencement of contributions. The product gives the registered pension on account of the annual contribution at the date of commencement of contributions. Example: Officer born on-2nd May, 1933. Officer married on-15th April, 1953. Officer began to contribute on-1st October, 1960. Annual contribution on 1st October, 1960-K72. Wife born on-4th February, 1935. Officer's age last birthday on 1st October, 1960-27. Wife's age last birthday on 1st October, 1960-25. Quantity found from Table B: Husband aged 27 last birthday Wife aged 25 last birthday } 12.73
Registered pension in consideration of annual contribution at commencement of contributions = K72 x 12.73 = K916.56. (b) Variations of pension consequent on increments to, and decrements from, the annual contribution while the contributor is married to his first wife. Rule III (b. Proceed as in Rule I (c).
IV-Second and Subsequent Wife's Prospective Pension (a) Variations of pension consequent on increments to, and decrements from, the annual contribution while the contributor is a widower. Rule IV (a). Proceed as in Rule II (a). *See F which gives the method of calculation of quantities not immediately available from the tables. (b) Variations of pension consequent on the remarriage of the contributor. Rule IV (b). Proceed as in Rule II (b). (c) Variations of pension consequent on increments to, and decrements from, the annual contribution while the contributor is married to his second or subsequent wife.
Rule IV (c). Proceed as in Rule I (c).
C-CONTRIBUTOR WHO BEGAN TO CONTRIBUTE WHILE A WIDOWER

V-Prospective Pension to Children by his First Marriage So long as a contributor's children by his first marriage are eligible for pension, a pension must be registered on their behalf. If there are no such children, the widower should be treated as if he were a bachelor. Rule V. For the purpose of calculating the registered pension of the children, assume that the deceased wife lived until the date of commencement of contributions and died immediately afterwards, and proceed in accordance with Rules III (a) and IV (a). VI-Second and Subsequent Wife's Prospective Pension Rule VI. For the purpose of calculating the registered pension of the wife assume that the deceased wife survived to the date of commencement of contributions and died immediately afterwards; then proceed in accordance with rules applicable to the case of officers who began to contribute while married (see B).
D-CONTRIBUTOR WITH TWO OR MORE BENEFICIARIES

Rule VII. Where there are children eligible for pension by two or more deceased wives, or where there is a wife and also children eligible for pension by one or more previous marriages, the pension of each beneficiary as found by the above rules must be divided by the total number of the beneficiaries then existing in order to find the registered pension of that beneficiary.
E-TREATMENT OF VOLUNTARY LUMP-SUM CONTRIBUTIONS

Rule VIII (a). If the contributor is a bachelor or a widower without children of pensionable age, the lump-sum contribution should be accumulated as from the date of payment and treated in accordance with Rule I (a) (1) or (2). Rule VIII (b). If the contributor is married or a widower with children of a pensionable age, the amount of the lump-sum contribution should be multiplied by the quantity found
from Table A corresponding to the respective ages last birthday of the husband and wife at the date of payment of the contribution. If the contributor is a widower assume that the deceased wife lived until the date of payment of the lump-sum contribution and died immediately afterwards.
F-CALCULATION OF QUANTITIES (OR TABULAR RESULTS) FOR AGES NOT GIVEN IN THE TABLES
The wife's age in the tables is given at quinquennial intervals only. Ages of husbands and wives younger than the youngest or older than the oldest in the tables are to be dealt with as if identical with the youngest and oldest respectively. For the intermediate ages of wives, interpolate by exact fifths. Examples: To find the quantity in Table A corresponding to the ages of a husband and wife aged respectively 28 and 26 last birthday. The quantity for ages 28 and 25 given in Table A is .980. The quantity for ages 28 and 30 given in Table A is 1.087. The addition of five years to the age of the wife results, therefore, in an addition of .107 to the quantity given in the table for ages 28 and 25. An addition of one year to the age of the wife accordingly results by proportion, in an addition of one-fifth of .107 to the quantity given in the table for ages 28 and 25. One-fifth of .107=.021. This figure added to .980 gives 1.001. 1.001 is, therefore, the required quantity corresponding to ages 28 and 26. Similarly the quantity found from Table B corresponding to the ages of a husband and wife aged respectively 30 and 27 last birthday is two-fifths of 1.05 added to 9.85, which gives 10.27. In the case of Table C, it must be noted that an addition to the age of the wife results in a deduction from the quantity given in the table. To find the quantity in Table C corresponding to the ages of a husband and wife aged respectively 35 and 33 last birthday. The quantity for ages 35 and 30 given in Table C is 1.44. The quantity for ages 35 and 35 given in Table C is 1.28. The addition of five years to the age of the wife results, therefore, in a deduction of .16 from the quantity given in the table for ages 35 and 30. An addition of three years to the age of the wife accordingly results by proportion, in a
deduction of three-fifths of .16 from the quantity given in the table for ages 35 and 30. Three-fifths of .16=.10. This figure deducted from 1.44 leaves 1.34. 1.34 is, therefore, the required quantity corresponding to ages 35 and 33.
G-RECOMPUTATION OF PENSION REGISTERED IN RESPECT OF A MARRIED OR WIDOWED CONTRIBUTOR AT 1ST APRIL, 1960
Example (1): Officer born on-9th February, 1937. Wife born on-12th September, 1939. Annual contribution as at 31st March, 1960-K84. Registered pension as at 31st March, 1960-K1,193.63 Quantity found from Table B in force on 31st March, 1960: Husband aged 23 last birthday Wife aged 20 last birthday } 13.34
Therefore the part of the registered pension to be purchased by contributions falling due on or after 1st April, 1960, Part (b) is K84x13.34, i.e. K1,120.56. Therefore the part of the registered pension purchased by contributions which fell due on or before 31st March, 1960, Part (a), is K1,193.63 minus K1,120.56, i.e. K73.08. Quantity found from Table B: Husband aged 23 last birthday Wife aged 20 last birthday
} 16.05
Therefore the amount of registered pension to be purchased by contributions falling due on or after 1st April, 1960, Part (b), as recomputed according to the tables in the First Schedule, is K84 x 16.05, i.e. K1,348.20. Part (b) as recomputed (K1,348.20) is to be added to Part (a). The recomputed registered pension is therefore K1,348.20, plus K73.08, i.e. K1,421.28. Example (2): Officer born on-1st July, 1935. Wife born on-1st February, 1939. Officer began to contribute on-1st January, 1960. Annual contribution as at 31st March, 1960-K60. Registered pension as at 31st March, 1960-K750. Quantity found from Table B in force on 31st March, 1960: Husband aged 24 last birthday Wife aged 21 last birthday
} 12.65*
* See F which gives the method of calculation of quantities not immediately available from the tables. Therefore the part of the registered pension to be purchased by contributions falling due on or after 1st April, 1960, Part (b), is K60 x 12.65, i.e. K759. Part (b) before recomputation is therefore greater than the registered pension, and the recomputed registered pension is therefore equal to the recomputed Part (b). Quantity found from Table B in force on 1st April, 1960:
Husband aged 24 last birthday Wife aged 21 last birthday
} 15.17*
* See F which gives the method of calculation of quantities not immediately available from the tables. Therefore the amount of registered pension to be purchased by contributions falling due on or after 1st April, 1960, Part (b), as recomputed according to the tables in the First Schedule, is K60 x 15.17, i.e. K910.20. Therefore the recomputed registered pension is K910.20. (No. 50 of 1964)
* See F which gives the method of calculation of quantities not immediately available from the tables.
THIRD SCHEDULE (Sections 11 and 37) COMMUTATION TABLE Capital value of an annual contribution of 1 payable monthly to the anniversary of the date on which a contributor began to contribute falling on or after his 49th birthday Capital Capital Capital Capital Number value Number value Number value Number value of of 1 a of of 1 a of of 1 a of of 1 a Years Year Years Year Years Year Years Year S G K 1S 1S 1G 1K 2S 2S 2G 2K 3S 3S 3G 3K 4S 4S 4G .25 .49 .73 .97 1.21 1.43 1.66 1.88 2.10 2.32 2.53 2.75 2.96 3.16 3.36 3.56 3.76 3.95 6G 6K 7S 7S 7G 7K 8S 8S 8G 8K 9S 9S 9G 9K 10S 10S 10G 10K 5.40 5.56 5.73 5.90 6.06 6.22 6.38 6.54 6.69 6.84 6.99 7.14 7.28 7.42 7.56 7.70 7.83 7.97 12K 13S 13S 13G 13K 14S 14S 14G 14K 15S 15S 15G 15K 16S 16S 16G 16S 17S 8.97 9.09 9.21 9.32 9.44 9.55 9.66 9.77 9.87 9.98 10.08 10.18 10.28 10.38 10.48 10.57 10.67 10.76 19S 19S 19G 19K 20S 20S 20G 20K 21S 21S 21G 21K 22S 22S 22G 22K 23S 23S 11.46 11.54 11.62 11.70 11.78 11.86 11.94 12.01 12.08 12.16 12.23 12.30 12.37 12.44 12.51 12.57 12.64 12.71
4K 5S 5S 5G 5K 6S 6S
4.14 4.33 4.51 4.69 4.87 5.05 5.23
11S 11S 11G 11K 12S 12S 12G
8.10 8.23 8.36 8.49 8.61 8.73 8.85
17S 17G 17K 18S 18S 18G 18K
10.85 10.94 11.03 11.12 11.21 11.29 11.38
23G 23K 24S 24S 24G 24K 25S
12.77 12.83 12.89 12.95 13.01 13.07 13.13
(No. 43 of 1969) FOURTH SCHEDULE (Section 11 and 37) INSTRUCTIONS FOR THE USE OF THE COMMUTATION TABLE 1. The amount payable by a contributor who elects to pay his future contributions in a lump sum in accordance with the provisions of subsection (3) of section eleven of the Act is the annual contribution payable at the deemed date of election multiplied by the factor in the table appropriate to the period for which he is liable to contribute, such period to be calculated to the nearest quarter of the year. Examples: (a) Officer born on..................................... 4th May, 1932. Officer began to contribute on ............. 1st January, 1958. Annual rate of contribution at date of election K230. Deemed date of election....................... 1st July, 1968. Anniversary of date officer began to contribute falling on or after his 49th birthday .... 1st January, 1982. Therefore period for which officer is liable to continue to contribute to nearest quarter= 13G years; therefore appropriate factor= ............... 9.32; therefore capital payment= .................. K230 x 9.32 = K2,143.60.
(b)
Officer born on..................................... 3rd February, 1923. Officer began to contribute on ............. 18th March, 1956. Officer's annual rate of contribution (having previously elected to pay contributions assessed on the amount of his pension in accordance with the provisions of section thirty-nine of the Act). ..................................................... K60. Deemed date of election....................... 1st May, 1968. Anniversary of date officer began to contribute falling on or after his 49th birthday ..... 18th March, 1972. Therefore period for which officer is liable to continue to contribute to nearest quarter year= 3K years;
therefore appropriate factor= ............... 3.36; therefore capital payment= .................. K60 x 3.36 = K201.60. 2. The refund payable in respect of a contributor who has made an election in accordance with the provisions of subsection (3) of section eleven of the Act and who dies or ceases to be eligible to contribute in the circumstances set out in section thirty-seven of the Act is obtained by multiplying the annual rate of contribution at the deemed date of election by the factor in the table appropriate to the period between the date of his death or his ceasing to be eligible to contribute and the anniversary of the date of his commencing to contribute falling on or after the date on which he reaches or would have reached the age of 49 years, calculated to the nearest quarter of a year. Examples: (a) Officer born on ........................................... 7th August, 1927. Officer began to contribute on ......................... 1st January, 1954. Annual rate of contribution at deemed date of election............................................................. K200. Officer died on ................................................. 1st November, 1967. Anniversary of date officer began to contribute falling after what would have been his 49th birthday 1st January, 1977. Therefore period in respect of which contributions were overpaid to nearest quarter of a year=..... 9S years; therefore appropriate factor= ........................... 7.14; therefore refund= ............................................. K200 x 7.14 = K1,428.00. (b) Officer born on ........................................... 22nd June, 1920. Officer began to contribute on ......................... 5th September, 1952. Annual rate of contribution (limited in accordance with section thirty-nine of the Act).................. K120. Officer ceased to be eligible to contribute (e.g. widower with no children under the age of 21) on 3rd April, 1968. Anniversary of date officer began to contribute falling on or after his 49th birthday ................. 5th September, 1969. Therefore period in respect of which contributions were overpaid to the nearest quarter of a year= 1G years; therefore appropriate factor= ........................... 1.43; therefore refund= ............................................. K120 x 1.43 = K171.60. NOTE.-The nearest quarter of a year is obtained by calculating the number of days in excess of complete twelve months' periods andany period in excess of 318 days shall count as a year; any period in excess of 227 but not exceeding 318 days shall count as three-quarters of a year; any period in excess of 136 days but not exceeding 227 days shall count as half a year; any period in excess of 45 days but not exceeding 136 days shall count as a quarter of a year;
any period of 45 days or less shall be ignored. (No. 43 of 1969) CHAPTER 280 THE NON-DESIGNATED EXPATRIATE OFFICERS (RETIRING BENEFITS) ACT
Section 1. 2. 3. 4. Short title Interpretation Retirement Supersession of certain entitled officers
5. Date of retirement and pension of entitled officer entering contract of re-employment under Government 6. Benefits in respect of leave, passages and baggage facilities for certain entitled officers 7. 8. Special gratuity on the death of certain entitled officers Grant of pensions and gratuities
9. Additional pension or gratuity payable to certain entitled officers 10. Additional pension or gratuity payable to certain retired officers re-employed 11. 12. 13. 14. Place of payment and rate of exchange Application of the Pensions Laws Exemption from tax Transitional provisions
SCHEDULE-Instructions for obtaining the appropriate factor
CHAPTER 280 NON-DESIGNATED EXPATRIATE OFFICERS (RETIRING BENEFITS)
75 of 1965 6 of 1967
An Act to implement the scheme of retirement benefits for non-designated expatriate officers; and to provide for matters incidental thereto or connected therewith. [7th January, 1966] 1. This Act may be cited as the Non-Designated Expatriate Officers (Retiring Benefits) Act. 2. (1) In this Act, unless the context otherwise requiresShort title
Interpretation Cap. 1 "the appropriate authority"Cap. 4 (a) in relation to an entitled officer who is a police officer below the Cap. 266 rank of Assistant Superintendent, means the Commissioner of Police; (b) in relation to an entitled officer who is a member of the Zambia Prison Service below the rank of Superintendent, means the Commissioner of Prisons; (c) in relation to any other entitled officer, means the appropriate Commission; "the appropriate Commission" has the meaning assigned thereto by the Constitution; "confirmed officer" means an officer in the public service(a) who, on the operative date, had been confirmed in his appointment in the public service; or (b) who, while serving on probation or as an officer on probationary agreement, is confirmed in his appointment in the public service; or (c) who, at any time prior to his transfer to the public service, was an established officer or confirmed employee in the public service of the former Federation of Rhodesia and Nyasaland; "entitled officer" means a confirmed officer(a) who is a citizen of a country other than Zambia, whether or not he is also a citizen of Zambia; and (b) who, but for the provisions of this Act, would be eligible to be granted an additional pension under regulation 12 of the Pensions Regulations (without taking the provisos to that regulation into account) in the event of his retirement in consequence of the abolition of his office; and (c) who is not a designated officer for the purposes of the -Overseas
Service (Northern Rhodesia) Agreement, 1961; and (d) who has not received and is not eligible to receive any compensation or other benefit under the Zambia (Compensation and Retiring Benefits) Order, 1964; "General Orders" means the General Orders of the Government; "the Government" means the Government of Zambia or, in respect of any period before the 24th October, 1964, the Government of the former Protectorate of Northern Rhodesia; "officer on probationary agreement" means an officer, who is serving the Government for a tour of duty under an agreement entered into between him and the Government and who(a) having entered into the agreement before he attained the age of forty-five years, is eligible under General Orders to be confirmed in his appointment in the public service on the completion of his tour of duty subject only to satisfactory service and the fulfilment of any examination obligations; or (b) has been given on behalf of the Government a formal and written commitment to confirm him in his appointment in the public service on a specified date or after a specified period subject only to satisfactory service and the fulfilment of any examination obligations; "operative date" means the 10th January, 1964; "pensionable emoluments" means emoluments that may be taken into account in computing the pension of an officer under the Pensions Laws; "pensionable service" means the aggregate amount of service that may be taken into account for the purpose of computing the pension of an officer under the Pensions Laws; "the Pensions Act" means the European Officers' Pensions Act; "the Pensions Laws" means the Pensions Act and the Pensions Regulations; "the Pensions Regulations" means the regulations contained in the Third Schedule to the Pensions Act and any regulations varying or revoking the same; "the prescribed period of notice"(a) in relation to an entitled officer who is not on leave of absence after completing a tour of duty at the time when he gives notice of his intention to retire, means a period expiring not earlier than the date on which he will have completed six months' resident service reckoned from(i) the date on which such notice is given; or
(ii) the date on which he completes the first three months of his current tour of duty; whichever is the later; (b) in relation to an entitled officer who is on leave of absence after completing a tour of duty at the time when he gives notice of his intention to retire, means a period expiring not earlier than the date on which he will have completed six months' resident service reckoned from the date on which he returns to Zambia for further duty; "the prescribed period of resident service", in relation to an entitled officer, means the period or periods of resident service, amounting in the aggregate to twenty-four months, served by that officer after the operative date; "the public service" means the public service of Zambia or, in respect of any period before the 24th October, 1964, the public service of the former Protectorate of Northern Rhodesia and includes the Civil Service (Local Conditions) and the Teaching Service; "resident service", in relation to an entitled officer, means pensionable service of the officer in the public service but does not include any period spent by the officer(a) on leave of absence on half pensionable emoluments or without pensionable emoluments; or (b) on vacation leave of absence taken after the completion of a tour of duty; or (c) on travelling time, that is to say, additional leave of absence granted in respect of rail, sea or air travel undertaken in proceeding on or returning from vacation leave, except to the extent that such travelling time is permitted by General Orders to be reckoned as resident service; "the Scheme" means the scheme of retirement benefits for non-designated expatriate officers that was published by the Government on the 6th January, 1964, and any amendment of such scheme published by the Government before the commencement of this Act. (2) For the purposes of this Act(a) a person whose office has been abolished and who retires in consequence of the abolition of his office shall be deemed to be the substantive holder of that office during the period between the date on which the office was abolished and the date of the expiration of any leave of absence granted to him pending his retirement;
(b (i) (ii)
when an officer on probation is required to retireunder section 16 of the Zambia Independence Order, 1964; or in consequence of injury or ill health; or
(iii) in consequence of the abolition of his office or for the purpose of facilitating improvements in the organisation of the part of the public service to which he belongs by which greater economy or efficiency may be effected; or (iv) on the grounds of age in accordance with the provisions of the Pensions Laws; he shall be deemed to have been confirmed in his appointment in the public service immediately before the day upon which he was given notice requiring him to retire; (c) when the appointment of an officer on probationary agreement is terminated for reasons which, if he had been an officer on probation, paragraph (b) would have applied to him, he shall be deemed to have been confirmed in his appointment in the public service immediately before the day upon which he was given notice of the termination of his appointment. (3) An entitled officer who is required to retire and who, immediately before being so required acted for a period of six months to the satisfaction of the appropriate authority in an office the pensionable emoluments of which were higher than those of the office of which he was the substantive holder, shall be deemed to have been confirmed in the office in which he was acting. 3. (1) Subject to the provisions of this section, an entitled officer may, Retirement after giving to the appropriate authority notice of his intention to do so, being(a) the prescribed period of notice; or
(b) such shorter period of notice as the appropriate authority may accept; retire under this section at any time: Provided that-
(i) in the case of an officer who is not on leave of absence after completing a tour of duty at the time when he gives notice of his intention to retire under this section and who, if he gave the prescribed period of notice, would serve a tour of duty exceeding thirty-six months, the appropriate authority shall accept such shorter period of notice as will enable the officer, after completing a tour of duty of thirty-six months, to proceed on leave of absence pending retirement without returning to Zambia for further duty; (ii) in the case of an officer who is not on leave of absence after completing a tour of duty at the time when he gives notice of his intention to retire under this section and who, before he gives such notice, has been granted permission to proceed on leave of absence after completing a tour of duty on a date within six months of the date on which he gives such notice, the appropriate authority shall accept such shorter period of notice as will enable the officer to proceed on such leave of absence pending retirement without returning to Zambia for further duty; (iii) in the case of an officer who is on leave of absence after completing a tour of duty at the time when he gives notice of his intention to retire under this section, the appropriate authority shall, unless it considers that it is essential in the public interest that the officer be required to return to Zambia for further duty, waive any period of notice required under this section. (2) An entitled officer who has given notice of his intention to retire under this section on any date may, with the consent of the appropriate authority, withdraw that notice at any time before that date. (3) No entitled officer shall retire under this section without the permission of the appropriate authority: Provided that the appropriate authority shall not withhold permission unless disciplinary proceedings are being taken, or are about to be taken, against the officer and those proceedings might lead to his dismissal. (4) An entitled officer(a) (b) who is permitted to retire by reason of injury or ill health; or who is required to retire on or after his attainment of any age
prescribed by law; or (c) who is required to retire in consequence of the abolition of his office or for the purpose of facilitating improvements in the organisation of the part of the public service to which he belongs by which greater economy or efficiency may be effected; or (d) who is required to retire in the public interest; or
(e) who is required to retire under section 16 of the Zambia Independence Order, 1964; or (f) in the case of a woman officer, who is required to retire upon her marriage; shall be deemed to have retired under this section. Supersession of 4. (1) Where, in pursuance of a policy of according preference to persons who are citizens of Zambia, the appropriate authority appoints certain entitled officers or promotes to any office in the public service a citizen of Zambia in preference to an entitled officer whom, having regard to his merit, qualifications and seniority, it would otherwise have promoted to the office, the appropriate authority shall inform the Permanent Secretary (Establishments) of the name of that entitled officer and the Permanent Secretary (Establishments) shall thereupon, by notice in writing, inform that entitled officer of his supersession for promotion. (2) Subject to the provisions of this section, an entitled officer who is informed under subsection (1) of his supersession for promotion may, after giving to the appropriate authority notice of his intention to do so, retire under this section at any time thereafter: Provided that(i) no officer shall retire under this section on a date more than six months after the date on which he is informed of his supersession for promotion except after giving the period of notice which he would be required to give if he were retiring under section three; (ii) if an officer who has been informed of his supersession for promotion subsequently is granted and accepts promotion to another office in the public service, he shall cease to be entitled to retire under this section unless and until-
(a) he completes a period or periods of resident service, amounting in the aggregate to not less than twenty-four months, reckoned from the date with effect from which he was last granted promotion; or (b) he is informed under subsection (1) that he has again been superseded for promotion. (3) An entitled officer who has given notice of his intention to retire under this section on any date may, with the consent of the appropriate authority, withdraw that notice at any time before that date. (4) No entitled officer shall retire under this section without the permission of the appropriate authority: Provided that the appropriate authority shall not withhold permission unless disciplinary proceedings are being taken, or are about to be taken, against the officer and those proceedings might lead to his dismissal. 5. (1) This section applies to an entitled officer whoDate of retirement and pension of entitled officer entering contract of re-employment under Government
(a) and
gives notice under section three or four of his intention to retire;
(b) at the same time, informs the appropriate authority of his desire to enter into a contract of re-employment under the Government immediately following his retirement. (2) Where an entitled officer to whom this section applies enters into a contract of re-employment under the Government, he shall, notwithstanding anything to the contrary in this Act, be treated for the purpose of this Act as if-
(a) in the case of an entitled officer who gives notice under section three of his intention to retire, he retired under that section; or (b) in the case of an entitled officer who gives notice under section four of his intention to retire, he retired under that section; on the expiry of the day immediately preceding the day on which such contract of re-employment is expressed to commence. (3) Where an entitled officer to whom this section applies enters into a contract of re-employment under the Government whereby it is agreed that a sum of money shall be payable in instalments to that officer by the Government in respect of and for the duration of a period of time calculated by reference to a period of leave of absence which, but for the operation of the provisions of subsection (2), might have been granted to that officer pending his retirement under this Act, such sum of money and such period of time shall, notwithstanding anything to the contrary in the Pensions Laws, be taken into account for the purpose of computing the amount of the pension which may be granted under the Pensions Laws to that officer on his retirement under this Act as if(a) references in the Pensions Laws to emoluments which shall be taken into account as pensionable emoluments included a reference to such sum of money; and (b) references in the Pensions Laws to periods which shall be taken into account as pensionable service included a reference to such period of time. (4) In this section-
"contract of re-employment under the Government" means a written contract of service whereby the person employed is re-engaged, following his retirement under this Act, to serve in the public service for a period of not less than twenty-four months. (No. 6 of 1967) 6. (1) In the case of an entitled officer who retires under subsection (1) Benefits in of section three or who retires under section four (not being an officer to respect of leave, whom subsection (3) applies) andpassages and baggage facilities for
certain entitled officers (a) who is on leave of absence after completing a tour of duty at the time when he gives notice of his intention to retire(i) if he returns to Zambia for further duty at the requirement of the appropriate authority, he shall be provided with such passages for himself and his family and such baggage facilities as an officer of similar status is entitled to under General Orders when returning to Zambia for a tour of duty, and when retiring from the public service having attained the age of fifty-five years and having completed a final tour of duty; (ii) if he returns to Zambia to settle his affiars and on his return completes a tour of duty of not less than twelve months, he shall be paid the cost of the passages for himself and his family and of transporting his baggage to Zambia (but not exceeding the cost of such passages and baggage facilities as an officer of similar status is entitled to under General Orders when returning to Zambia for a tour of duty) and provided with such passages for himself and his family and such baggage facilities as an officer of similar status is entitled to under General Orders when retiring from the public service having attained the age of fifty-five years and having completed a final tour of duty; (iii) if he does not return to Zambia, he shall be provided with such baggage facilities as an officer of similar status is entitled to under General Orders when retiring from the public service having attained the age of fifty-five years and having completed a final tour of duty; (b) who is not on leave of absence after completing a tour of duty at the time when he gives notice of his intention to retire, he shall be provided with such passages and baggage facilities for himself and his family as an officer of similar status is entitled to under General Orders when retiring from the public service having attained the age of fifty-five years and having completed a final tour of duty. (2) In the case of the retirement of an entitled officer who is required to retire in the circumstances described in paragraph (c) or (e) of subsection (4) of section three, and(a) who is on leave of absence after completing a tour of duty-
(i) he shall, if the period of leave on full pensionable emoluments for which he is eligible on the date on which he is given notice requiring him to retire is less than six months, be granted such additional leave on
full pensionable emoluments as will bring the aggregate period of such leave of absence from that date up to six months; and (ii) he shall (if he returns to Zambia to settle his affairs) be provided with a passage to Zambia for his own use as if he were returning to Zambia for a further tour of duty and such passage and such baggage facilities as an officer of similar status is entitled to under General Orders when retiring from the public service having attained the age of fifty-five years and having completed a final tour of duty; and (iii) in the case of the retirement of an entitled officer who is required to retire in the circumstances described in paragraph (e) of subsection (4) of section three and who returns to Zambia to settle his affairs, he shall be paid a subsistence allowance at the rate prescribed by General Orders for the period (but not exceeding twenty-one days) of his stay in Zambia; (b) who is not on leave of absence after completing a tour of duty-
(i) he shall not be required to depart from Zambia on leave of absence pending his retirement until the expiration of a period of six months from the date upon which he was given notice requiring him to retire; and (ii) he shall be provided with such passages and baggage facilities as an officer of similar status is entitled to under General Orders when retiring from the public service having attained the age of fifty-five years and having completed a final tour of duty; (iii) he shall, if the period of leave on full pensionable emoluments for which he is eligible is less than six months, be granted such additional leave on full pensionable emoluments as will bring the aggregate period of such leave of absence pending his retirement up to six months. (3) In the case of an entitled officer who is informed under subsection (1) of section four of his supersession for promotion and(a) who, being on leave of absence after completing a tour of duty when he is so informed, gives notice of his intention to retire under section four on the expiry of that leave of absence(i) he shall, if the period of leave on full pensionable emoluments for which he is eligible on the date upon which he is so informed is less than six months, be granted such additional leave on full pensionable emoluments as will bring the aggregate period of such leave of absence from that date up to six months; and
(ii)
he shall, if he returns to Zambia to settle his affairsA. be provided with a passage to Zambia for his own use as if he were returning to Zambia for a further tour of duty and such passage and such baggage facilities as an officer of similar status is entitled to under General Orders when retiring from the public service having attained the age of fifty-five years and having completed a tour of duty; and B. be paid a subsistence allowance at the rate prescribed in General Orders for the period (but not exceeding twenty-one days) of his stay in Zambia;
(b) who, not being on leave of absence after completing a tour of duty when he is so informed and who, not having been on such leave of absence after being so informed, gives notice of his intention to retire under section four(i) he shall, if the period of leave on full pensionable emoluments for which he is eligible on the date upon which he proceeds on leave pending retirement is less than six months, be granted such additional leave on full pensionable emoluments as will bring the aggregate period of such leave of absence from that date up to six months; and (ii) he shall be provided with such passages and such baggage facilities as an officer of similar status is entitled to under General Orders when retiring from the public service having attained the age of fifty-five years and having completed a final tour of duty; (c) who, not being on leave of absence after completing a tour of duty when he is so informed, thereafter proceeds on such leave of absence and within six months of being so informed gives notice of his intention to retire under section four on the expiry of that leave of absence(i) he shall, if the period of leave on full pensionable emoluments for which he was eligible on the date on which such leave of absence commenced is less than six months, be granted such additional leave on full pensionable emoluments as will bring the aggregate period of such leave of absence from the date on which it commenced up to six months; and (ii) he shall be provided with such baggage facilities as an officer of similar status is entitled to under General Orders when retiring from the public service having attained the age of fifty-five years and having
completed a final tour of duty. (4) No entitled officer shall, in pursuance of the provisions of this section, be provided with overseas passages for himself or his family or be paid the cost of such passages unless his conditions of service include an entitlement to overseas passages. 7. (1) Where an entitled officer dies and it is lawful under the provisions of the Pensions Laws for a gratuity to be granted to his personal representatives, there shall be granted to his personal representatives either that gratuity or a gratuity equal to the maximum gratuity that could have been granted to that officer under the provisions of section eight if he had retired under this Act at the date of his death, whichever is the greater: Provided that, in the case of an officer to whom Part II of the Pensions Regulations applied, in respect of that proportion of the pensions for which he would have been eligible, if he had retired under this Act at the date of his death and which is attributable to his pensionable service otherwise than in the public service, the permitted fraction referred to in section eight shall not be less than three-quarters. (2) For the purposes of the proviso to subsection (1), the proportion of a pension which is attributable to the pensionable service of an officer otherwise than in the public service shall be that proportion of the pension for which the officer would have been eligible if his pensionable service had been wholly in the public service as the aggregate amount of his pensionable emoluments during his pensionable service otherwise than in the public service bears to the aggregate amount of his pensionable emoluments throughout his pensionable service. (3) The Permanent Secretary, Ministry of Finance, may direct that instead of being paid to the personal representatives, any gratuity payable under this section shall be paid to one of the dependants of the deceased or to two or more of those dependants in such proportions as the Permanent Secretary may think fit. 8. (1) Subject to the provisions of section twelve, an entitled officer, on Grant of his retirement under this Act, may be granted at his option (such option pensions and Special gratuity on the death of certain entitled officers
to be exercised in accordance with the provisions of regulation 16 of the gratuities Pensions Regulations) either(a) a pension of such amount as may be granted under the Pensions Laws; or (b) a reduced pension equal to such fraction as he may desire of the pension that may be granted under the Pensions Laws (not being, in the case of an entitled officer who retires after completing less than twelve years' service under the Government after the operative date, less than the permitted fraction) together with a gratuity equal to the annual amount of the remaining fraction of that pension multiplied by the appropriate factor; or (c) in the case of an entitled officer who retires after completing not less than twelve years' service under the Government after the operative date, a gratuity equal to the annual amount of the pension that may be granted under the Pensions Laws multiplied by the appropriate factor. (2) For the purposes of this section, an entitled officer shall be deemed to be eligible for the grant of a pension under the Pensions Laws(a) notwithstanding that he may have retired before attaining the age specified in the Pensions Laws as qualifying him for the grant of a pension; and (b) notwithstanding that he may not have completed at the date of his retirement the period of qualifying service required by the Pensions Laws to render him eligible for the grant of a pension. (3) Where an entitled officer retires by reason of injury or ill health in circumstances in which he could under the Pensions Laws be granted an additional pension, the provisions of this section shall have effect in relation to that officer as if references to the pension that may be granted under the Pensions Laws included references to that additional pension. (4) Where an entitled officer retires under this Act in circumstances in which he is entitled to be granted an additional pension under section nine, the provisions of this section shall have effect in relation to that officer as if references to the pension that may be granted under the Pensions Laws included references to that additional pension.
(5) Where an entitled officer(a) is required to retire in the circumstances described in paragraph (c) or (e) of subsection (4) of section three; or (b) is required to retire on the grounds of age before attaining the age of fifty-five years; or (c) retires under section four; or
(d) retires under the provisions of this Act after completing a period or periods of resident service, amounting in the aggregate to not less than twenty-four months, reckoned from the operative date or the date with effect from which he was last granted promotion in the public service, whichever is the later; then, for the purposes of this section, the amount of the pension or gratuity that may be granted to the entitled officer under the Pensions Laws shall be calculated by reference to the full annual pensionable emoluments enjoyed by him on the date immediately prior to his retirement. (6) If an entitled officer has not exercised the option conferred by subsection (1) within the period in which it is required to be exercised, he shall be deemed to have opted for the grant of a pension of such amount as may be granted under the Pensions Laws. (7) In this section"the appropriate factor", in relation to an entitled officer, means the factor obtained from the Table in the Schedule that is appropriate to the age of that officer on the date immediately prior to his retirement reckoned in completed years and completed months; "the permitted fraction"(a) in relation to an entitled officer who retires after completing less than one year's service under the Government after the operative date, means three-quarters; (b) in relation to an additional pension granted on account of injury under regulation 13 (1) of the Pensions Regulations, means
three-quarters; (c) subject to paragraph (b), in relation to an entitled officer who retires after completing not less than one and not more than twelve years' service under the Government after the operative date, means such fraction as is obtained by subtracting one-sixteenth for each completed year of his pensionable service under the Government after the operative date from three-quarters: Provided that, in reckoning for the purposes of this definition the years of pensionable service under the Government after the operative date of an entitled officer whose pensionable service has been wholly under the Government and who is granted leave of absence pending his retirement, leave of absence granted in respect of service prior to the operative date the enjoyment of which had on the operative date been deferred shall not be taken into account. 9. (1) Subject to the provisions of this section, an entitled officer who retiresAdditional pension or gratuity payable to certain entitled officers
(a) in the circumstances described in paragraph (c) or (e) of subsection (4) of section three; or (b) under section four;
shall be granted at his option (such option to be exercised in accordance with the provisions of regulation 16 of the Pensions Regulations) either(i) an additional pension calculated in accordance with subsection (3); or (ii) a gratuity equal to one-half of the compensation (excluding interest thereon) to which he would have been entitled if, on the 1st May, 1964, or the date on which his pensionable service under the Government commenced, whichever is the later, he had been a designated officer for the purposes of the Overseas Service (Northern Rhodesia) Agreement, 1961, and an entitled officer for the purposes of the Zambia (Compensation and Retiring Benefits) Order, 1964. (2) Subject to the provisions of this section, but without prejudice to the
grant of an additional pension on account of injury under regulation 13 (1) of the Pensions Regulations, an entitled officer (not being an officer to whom subsection (1) applies) who retires under this Act at any time after completing the prescribed period of resident service shall be granted an additional pension calculated in accordance with subsection (3). (3) The additional pension referred to in subsections (1) and (2) shall be(a) in the case of an entitled officer to whom Part II of the Pensions Regulations applies, a pension equal to one-third of the amount of the pension which the officer would have been eligible to be granted under the Pensions Laws if the pensionable service of the officer had been wholly under the Government; (b) in the case of any other entitled officer, a pension equal to one-third of the amount of the pension which the officer is eligible to be granted under the Pensions Laws. (4) The additional pension payable to an entitled officer under this section, together with the pension payable to the officer under the Pensions Laws, shall not exceed the amount of the pension which the officer would have been eligible to be granted under the Pensions Laws if he had continued until he attained the age of fifty-five years to hold the office held by him immediately prior to his retirement, having received all increments for which he would have been eligible by that date. (5) For the purposes of this section, references in section eleven of the Pensions Act to a pension granted under that Act shall be construed as references to the aggregate of the pension granted under the Pensions Laws and of any additional pension granted under this section. (6) If an entitled officer to whom subsection (1) applies has not exercised the option conferred by that subsection within the period in which it is required to be exercised, he shall be deemed to have opted for the grant of an additional pension calculated in accordance with subsection (3).
(7) The provisions of regulation 12 of the Pensions Regulations shall not apply to an entitled officer. 10. (1) This section applies to an entitled officer who has retired under Additional this Act andpension or gratuity payable to certain retired officers re-employed (a) who, immediately prior to his retirement, was not eligible to be granted an additional pension under section nine; and (b) who, without a break in the continuity of his service, is re-employed by the Government. (2) Subject to the provisions of subsection (4), where the re-employment under the Government of a person to whom this section applies is terminated in circumstances in which, if he had not retired, subsection (1) of section nine would have applied to him, he shall, with effect from the day following the last day of his re-employment under the Government, be granted, at his option, the additional pension or gratuity which he would have been entitled to be granted under subsection (1) of section nine on the date immediately prior to his retirement under this Act if that subsection had applied to him on that date. (3) Subject to the provisions of subsection (4), where a person to whom this section applies continues in re-employment under the Government until such time as, if he had not retired, he would have completed the prescribed period of resident service, he shall, with effect from the day following the day on which he completes such period, be granted the additional pension which he would have been entitled to be granted under subsection (2) of section nine on the date immediately prior to his retirement under this Act had he completed the prescribed period of resident service on such date. (4) No person shall(a) be granted an additional pension or gratuity by virtue of
subsection (2) if he has been granted an additional pension by virtue of subsection (3); or (b) be granted an additional pension by virtue of subsection (3) if he has been granted or is eligible to be granted an additional pension or gratuity by virtue of sub-section (2). (5) Where a person who has been granted a pension or a reduced pension and gratuity in accordance with the provisions of subsection (1) of section eight is subsequently granted an additional pension by virtue of this section, the option exercised or deemed to have been exercised by him under that section shall have effect as if it had been exercised in relation to the aggregate of that pension and the additional pension granted by virtue of this section: Provided that where such person did not opt to be granted a reduced pension equal to the permitted fraction of the pension that may be granted under the Pensions Laws, he may, on or before the date on which he becomes eligible to be granted an additional pension by virtue of this section or such later date as the appropriate Commission may allow(a) revoke his previous option; and
(b) opt instead for the grant of a reduced pension equal to the permitted fraction of the aggregate of the pension that may be granted under the Pensions Laws and the additional pension granted by virtue of this section together with a gratuity equal to the annual amount of the remaining fraction of the aggregate of those pensions multiplied by the appropriate factor; and, if he does so, the pensions payable to him shall be adjusted accordingly and any pension over-payments made to him after his retirement shall be recovered by deducting an equivalent amount from the gratuity payable to him. (6) An option conferred by subsection (5) shall be exercised by notice in writing addressed to the Permanent Secretary (Establishments) and shall, when exercised, be irrevocable. (7) In this section, "the appropriate factor" and "the permitted fraction", in relation to a person to whom this section applies, mean respectively
the appropriate factor and the permitted fraction (as defined by subsection (7) of section eight) which were applicable to such person on the date immediately prior to his retirement. 11. (1) Any pension or gratuity payable under this Act to an officer or to his personal representatives or dependants shall, subject to the provisions of subsection (2), be paid in accordance with any request made from time to time by such officer, his personal representatives or his dependents, as the case may be, in any of the following countries: (a) (b) in the United Kingdom; in Zambia; Place of payment and rate of exchange
(c) in the country from which the officer was recruited or where he intends to reside; (d) in the case of payments to the personal representatives of an officer or his dependants, in the country in which the personal representatives or the dependents, as the case may be, reside; or (e) in such other country as the officer or his personal representatives or dependants may, with the concurrence of the Permanent Secretary, Ministry of Finance, select; in the currency of the country in which payment is to be made; and where payment is to be made in a country other than Zambia, the amount of the payment shall be such as would produce, at the official rate of exchange prevailing at the date of payment, the amount in sterling of the pension or gratuity as calculated at the official rate of exchange prevailing on the operative date. (2) A request made under subsection (1) for the payment of any pension or gratuity outside Zambia shall have effect. 12. The provisions of the Pensions Laws shall, subject to the Application of provisions of this Act, apply in relation to the grant of any pensions or the Pensions gratuity under this Act and to any pension or gratuity granted thereunder Laws as they apply in relation to the grant of a pension or gratuity, and to any pension or gratuity granted under the Pensions Laws.
13. Any gratuity payable under the provisions of this Act shall be exempt from tax under any written law relating to the taxation of incomes or imposing any other form of taxation.
Exemption from tax
14. (1) Where any officer or authority has before the commencement of Transitional provisions this Act in pursuance of any provisions of the Scheme given any permission or consent or prescribed any condition or granted any benefit or made any payment or made any declaration or done any other thing for the purposes of the Scheme, that permission, consent, condition, benefit, payment, declaration or other thing shall be deemed to have been given, prescribed, granted, made or done, as the case may be, under the corresponding provision of this Act; and the provisions of this Act shall have effect accordingly. (2) Where any officer has before the commencement of this Act in pursuance of any provision in the Scheme given or received any notice or retired or received any benefit he shall, provided that any conditions prescribed or deemed to have been prescribed by or under this Act are satified, be deemed to have given or received that notice, or to have retired or to have been granted or received that benefit, as the case may be, under the corresponding provision of this Act; and the provisions of this Act shall have effect accordingly. (3) Any officer who has, before the 24th October, 1964, been required under the provisions of the Scheme to retire to facilitate the localisation of the public service shall, for the purposes of this Act, be deemed to have retired under section 16 of the Zambia Independence Order, 1964. SCHEDULE (Sections 8 and 10) INSTRUCTIONS FOR OBTAINING THE APPROPRIATE FACTOR I. Read off from the Table the factors for the officer's age(a) at his last birthday; (b) at his next birthday. II. Divide the difference between I (a) and I (b) by twelve and multiply by the number of completed months of age since the last birthday. III. Substract II from I (a). III is the factor required.
In calculating factors by interpolation, calculations should be taken to three places of decimals. TABLE Age of Officer 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 Factor 17.08 16.97 16.86 16.74 16.62 16.50 16.38 16.25 16.12 15.98 15.84 15.70 15.55 15.40 15.24 Age of Officer 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 Factor 15.07 14.90 14.73 14.55 14.36 14.17 13.97 13.76 13.54 13.32 13.08 12.84 12.59 12.50 12.50

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VOLUME 15

Chapter 262. Ministerial and Parliamentary Offices (Emoluments) Act

Chapter 263. Constitutional (Emoluments) Act Chapter 264.

Management Services Board Act Officers

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

European Officers' Pensions Act

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

CHAPTER 243 THE VETERINARY SURGEONS ACT

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

Establishment and constitution of Board

practise veterinary surgery or medicine; or

(As amended by Act No. 18 of 1975)

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

the Registrar of Brands for Zambia;

cattle; sheep and goats.

Use of registered brand by unauthorised person

BRANDS THE BRANDS REGULATIONS [ARRANGEMENT OF REGULATIONS]

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

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

29 of 1983 Act No. 13 of 1994

(As amended by No. 280 of 1953)

FORM 1 (Regulation 4(1))

Full name of applicant

Brand District for which Brand is required

REPUBLIC OF ZAMBIA THE BRANDS REGULATIONS

FORM 2 (Regulation 4 (2))

REPUBLIC OF ZAMBIA THE BRANDS REGULATIONS

FORM 3 (Regulation 4 (3)

Owner's full Name

REPUBLIC OF ZAMBIA THE BRANDS REGULATIONS

FORM 4 (Regulation 4 (4))

REPUBLIC OF ZAMBIA THE BRANDS REGULATIONS

FORM 5 (Regulation 4 (5))

Transferee's Name and Address

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

SECOND SCHEDULE (Regulation 5 (2))

Copperbelt Luapula.. Northern.. Eastern.. Southern

Name of Registered Owner

Brand District for which Brand is registered

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

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

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

CHAPTER 245 THE PREVENTION OF CRUELTY TO ANIMALS ACT

Section 1. 2. Short title Interpretation

Destruction of animals by police officer without consent of owner

Expenses of such destruction

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

Production of driver, conductor or animal at hearing

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

24 of 1925 Government Notices 319 of 1964 497 of 1964

Act No. 13 of 1994

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

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

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

PART III IMPORTATION

PART V PREVENTION OF TRYPANOSOMIASIS

FIRST SCHEDULE-Registering authorities

PART III IMPORTATION

discretion of the Director of Veterinary Services.

PART IV PREVENTION OF RABIES

PART V PREVENTION OF TRYPANOSOMIASIS

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

AREAS TO WHICH THE PROVISIONS OF PART II APPLY