Volume 24

VOLUME 24
CONTENTS
Chapter 432. Engineering Institution of Zambia

Act
Chapter 433. Electricity Act
Chapter 434.Vacant
Chapter 435. Petroleum Act
Chapter 436. Energy Regulation Act
Chapter 437. Higher Authority for Power

(Special Provisions) Act
Chapter 438. Quantity Surveyors Act
Chapter 439.Vacant
Chapter 440. Petroleum (Exploration and

Production) Act
Chapter 441. Factories Act
Chapter 442. Zambia Institute of Architects Act
Chapter 443.Vacant
CHAPTER 432
THE ENGINEERING INSTITUTION OF ZAMBIA ACT
ARRANGEMENT OF SECTIONS
PART I
PRELIMINARY
Section
1. Short title
2. Interpretation
PART II
ENGINEERING INSTITUTION OF ZAMBIA
3. Establishment of Engineering Institution of Zambia

4. Functions of the institution
5. Limitation of personal liability
6. Custody and use of seal
PART III
MEMBERSHIP
7. Classes of membership
8. Member of Institution before commencement of the Act to be
member of the Institution and corresponding class
9. Honorary Fellow
10. Fellow
11. Member
12. Associate
13. Student
14. Company membership
15. Right to vote
16. Designation of members
17. Penalty for improper use of title or description
18. Expulsion of members
19. Professional practice
PART IV
SECTIONS AND BRANCHES
Section
20. Sections of Institution
21. Branches of Institution
PART V
COUNCIL
22. Constitution of Council

23. Functions of Council
24. Committees of Council
25. Proceedings of Council
26. Immunity of members of Council
PART VI
ENGINEERS' REGISTRATION BOARD
27. Engineers' Registration Board

28. Proceedings of Engineers' Registration Board
29. Registration of practising engineers
30. Disqualifications for registration
31. Practising certificate
32. Offences relating to practising certificates
33. Exemptions
34. Cancellation of practising certificate
35. Appeals to Disciplinary Committee
36. Offences relating to registration
PART VII
DISCIPLINARY COMMITTEE
Section
37. Disciplinary Committee
38. Functions of Disciplinary Committee
39. Proceedings of Disciplinary Committee
40. Powers of Disciplinary Committee
41. Professional misconduct
42. Penalties to be imposed by Disciplinary Committee
43. Appeals to Council
PART VIII
MISCELLANEOUS
44. Professional fees

45. Prohibition of publication or disclosure of information to an
unauthorised person
46. Offences and penalties
47. Regulations by Council
48. Repeal of Act No. 12 of 1972
CHAPTER 432
ENGINEERING INSTITUTION OF ZAMBIA Act No.

27 of 1992
13 of 1994
An Act to provide for the continued existence of the Engineering

Institution of Zambia; to provide for the functions of the Engineering
Institution of Zambia; to constitute the Council of the Institution; to
provide for the qualification for membership and registration of the
Engineers; to provide for the Disciplinary Committee; to repeal the
Engineering Institution of Zambia Act; and to provide for matters
connected with or incidental to the foregoing.
[27th July, 1992]
PART I
PRELIMINARY
1. This Act may be cited as the Engineering Institution of Zambia Act. Short title
2. In this Act, unless the context otherwise requires- Interpretation

"allied discipline" means a discipline prescribed as such by the Council;
"approved" means approved by the Council;
"Board" means the Engineers' Registration Board constituted under

section twenty-seven;
"company members" means membership accorded to a body corporate

or a division thereof under section fourteen;
"Council" means the Council of the Institution;
"financial year" means the period of twelve months ending on 31st

March in any year;
"Disciplinary Committee" means the Disciplinary Committee of the

Institution appointed under section thirty-seven;
"engineer" means any person recognised and registered as such under

this Act and includes a technical consultant and technical adviser, and
engineering shall be construed accordingly;
"special resolution" means a resolution passed by not less than a

two-thirds majority of the total membership of the Council duly
convened with the due notice of the intention to propose such a
resolution;
"Institution" means the Engineering Institution of Zambia established

by section three;
"Honorary Secretary" means Honorary Secretary of the Engineering

Institution of Zambia;
"practising certificate" means a certificate issued under section

thirty-one authorising a person to practise as an engineer.
PART II
ENGINEERING INSTITUTION OF ZAMBIA

3. There is hereby established the Engineering Institution of Zambia Establishment of
which shall be a body corporate having perpetual succession and a Engineering
Institution of
common seal and shall, under that name be capable of suing and being Zambia
sued in its own name and subject to the provisions of this Act, of
performing such acts, as a body corporate may by law perform.
4. The functions of the Institution are- Function of

Institution
(a) to promote the general advancement of the science and
advancement of engineering and allied disciplines;
(b) to maintain and improve the standards of conduct and learning of
engineering and allied professions in Zambia;
(c) to facilitate the acquisition of knowledge by members of the
Institution by the establishment of technical libraries, and the provision
of monetary grants, books, apparatus and any other facilities necessary
to achieve this end;
(d) to hold meetings of the Institution for the reading and discussion
of papers for professional interest, to make awards to authors of papers
of special merit and to arrange for other activities of interest or benefit to
members;
(e) to raise the character and status of the profession of engineering
and allied disciplines, to promote honourable and good practice and
increase the confidence of the community in those persons practising in
the engineering profession and allied discipline;
(f) to acquire, hold, take on lease, develop, lease, hire or dispose of
properties of all kinds, whether movable or immovable, and to derive
capital or income therefrom, for all or any of the foregoing objects;
(g) to raise or borrow money for all or any of the foregoing objects
in such a manner and upon such security as may from time to time be
determined by the Council;
(h) to invest and deal with moneys of the Institution not immediately
required in such manner as may from time to time be determined by the
Council;
Provided that this paragraph shall not be construed so as to
permit the distribution of any profit of the Institution; and
(i) to do all such other things as are incidental or conducive to the
attainment of any of the foregoing objects.
5. No member of the Institution shall be personally liable for any Limitation of

action taken by him in good faith in his capacity as a member of the personal liability
Institution and duly authorised by the Council.
6. The common seal of the Institution shall be kept in such custody and Custody and use of
used in such manner as may be prescribed. seal
PART III
MEMBERSHIP
7. (1) There shall be six classes of membership of the Institution Classes of

namely, Honorary Fellow, Fellow, Member, Associate, Student and membership
Company Member.
(2) Membership of the Institution shall be by election by the Council in

such manner as may be prescribed.
(3) Every election made under section (2) shall specify the class of
membership of the Institution to which the applicant has been elected
and the classes shall be determined in accordance with sections nine,
ten, eleven, twelve, thirteen and fourteen.
(4) A person making any application under sections ten, eleven, twelve,
thirteen or fourteen shall produce such evidence of the facts on which he
relies as the Council may require.
8. Notwithstanding section seven, any person who immediately prior Member of

to the commencement of this Act was an Honorary Fellow, Fellow, Institution before
commencement of
Member, Associate, Student or Corporate Member of the Institution the Act to be
shall be deemed as from the commencement of this Act to be an member of the
Honorary Fellow, Fellow, Member, Associate, Student or Company Institution and
Member of the Institution respectively under this Act. corresponding
class
9. (1) Any person whom the Institution desires to honour for- Honorary Fellow
(a) distinguished work in engineering or allied discipline;

(b) exceptional and important services relating to engineering or
allied discipline;
(c) exceptional and important services rendered to the Institution; or
(d) association to the Institution which is beneficial to it;

may be elected an Honorary Fellow of the Institution.
(2) Notification of the intention to propose a person as an Honorary

Fellow shall be made at a meeting of a Council.
(3) The proposal of such Honorary Fellow shall be made at a

subsequent meeting of a Council of which notice should have been
given to all members together with an intimation of the proposal.
(4) The election of an Honorary Fellow shall be by the unanimous vote

of the members of the Council present at the subsequent meeting held
under subsection (3).
10. A person may on application to the Council be admitted as a Fellow

Fellow if he-
(a) is a Member of the Institution or has fulfilled the conditions for
such membership; or
(b) has attended an appropriate university, college or school and
holds a degree or other qualification acceptable to the Council for this
class of membership;
(c) at, or not more than one year before the time of making his
application of admission as a Fellow, he is or has been-
(i) engaged for not less than five years in a position of superior
responsibility in the administration, design, execution or operation of
such important work as in the opinion of the Council is comprised
within the practice of professional engineering or an allied discipline;
(ii) in practice as a consultant on his own account for not less than five
years and has acquired eminence in his profession;
(iii) lecturing or teaching at such university, institute or school in such

responsible position and for such length of time of not less than five
years; or
(iv) engaged in research of an approved nature for not less than five
years.
11. A person may, on application to the Council be admitted as a Member

Member if he-
(a) (i) has attended an approved university, college or school
and holds a degree or other qualifications acceptable to the Council for
this class of membership; or
(ii) has been educated in the profession for such period and passed
such examinations as may from time to time be determined by the
Council; and
(iii) has proved his educational attainment by the submission to the

Council of a thesis, report or technical essay of a standard acceptable to
the Council coupled with an oral discussion on the subject matter with
members of the Council to their satisfaction; and
(b) at, or not more than one year before, the time of making the
application for admission as a Member, he is or has been-
(i) engaged in the administration, design, execution or operation of

professional work; or
(ii) employed as a lecturer or teacher; or
(iii) engaged in research of an approved nature; and

(c) he either-
(i) has undergone training acceptable to the Council for a period of at

least two years under an approved professional person; or
(ii) satisfies the Council that he has other suitable professional training;
and
(d) he has been after such training, gained relevant experience of at
least two years, one of which was in a responsible position considered
by the Council to be professional work.
12. (1) A person may, on application to the Council, be admitted as an Associate
Associate if he-
(a) (i) has attended an approved university, technical college or

school or holds a degree, diploma or other qualifications acceptable to
the Council for this class of membership; or
(ii) has been educated in the profession for such period and has passed
such examinations as may from time to time be determined by the
Council; and
(b) at, or not more than one year before, the time of making an
application for admission as an Associate he is or has been-
(i) engaged in work of an administrative or technical nature within the

profession; or
(ii) employed as a lecturer or teacher in an approved institution; or

(iii) engaged in research of an approved nature; and
(c) has undergone training acceptable to the Council for a period of

at least two years; and
(d) has had, an aggregate period of two years further experience of

such work as, in the opinion of the Council, is appropriate to his
particular discipline.
(2) Notwithstanding subsection (1) a university graduate with a degree

approved by the Council for the purposes of sub-paragraph (i) of
paragraph (a) of section eleven, may apply to be admitted as an
Associate if he is at least twenty-one years old and has had at least two
years of such practical experience as is acceptable to the Council.
13. A person may on application to the Council be admitted as a Student

Student, if he is a bona fide student at an approved university, institute
or school and he is studying engineering or an allied discipline, or
undergoing a period of training in industry connected with engineering
or allied discipline after graduation.
14. A statutory corporation, a company, an association or other body, Company
division, department or section which is directly engaged in engineering membership
activity or is professionally interested in engineering or an allied
discipline in Zambia, and which has two or more members of staff who
are Members or Fellows, may on application to the Council be admitted
as a Company Member.
15. A Fellow, Member or Associate shall have a vote on any matter Right to vote
arising within the Institution.
16. A member shall be entitled to describe and designate himself as Designation of

follows: members
(a) "Honorary Fellow" as "Honorary Fellow of the Engineering

Institution of Zambia" or by the abbreviation and initials "Hon.FEIZ";
(b) "Fellow" as "Fellow of the Engineering Institution of Zambia" or
by the initials "FEIZ";
(c) "Member" as "Member of the Engineering Institution of
Zambia" or by the initials "MEIZ";
(d) "Associate" as "Associate of the Engineering Institution of
Zambia" or by the initials "AEIZ";
(e) "Student" as "Student of Engineering Institution of Zambia".
17. A person using the title or description Honorary Fellow, Fellow, Penalty for
Member, Associate or Student of the Engineering Institution of Zambia improper use of
title or description
or the authorised letters designating these titles, when not so entitled
shall be liable on conviction to a fine not exceeding four thousand
penalty units or to imprisonment for a period not exceeding twelve
months or to both.
(As amended by Act No. 13 of 1994)
18. (1) A member of the Institution may be expelled or suspended from Expulsion of
the Institution by a special resolution of the Council on the members
recommendation of the Disciplinary Committee.
(2) No person who has been expelled from membership of the

Institution shall be re-admitted without the authority of a special
resolution.
19. In all professional relations, members of the Institution shall be Professional
governed by the code of conduct for engineers which shall be prescribed practice
by the Council with the approval of the Minister.
PART IV
SECTIONS AND BRANCHES
20. (1) There shall be as many sections of the Institution as the Council Sections of
may approve, and each section shall be composed of members whose Institution
major interests lie in the particular disciplines with which the sections
are concerned.
(2) Subject to the general directions of the Council, a section may

regulate its own procedure.
(3) The management and control of each section shall be vested in a

committee elected annually by that section and the Chairman of the
Committee shall be a Fellow or Member.
(4) A committee of a section shall be responsible for all matters

affecting the section including the receipt and expenditure of moneys
relating to its activities other than membership subscriptions.
(5) A section of the Institution may be dissolved with the prior approval
of the Council.
21. (1) There shall be as many branches of the Institution as the Council Branches of
may approve according to the number of members in particular Institution
geographical areas.
(2) Subject to the general directions of a Council a branch may regulate

its own procedure.
(3) The management and control of each branch shall be vested in a

committee elected annually by that branch and Chairman of a
Committee shall be a Fellow or Member.
(4) A Committee of a branch shall be responsible for all matters

affecting the branch including the receipt and expenditure of moneys
relating to its activities other than membership subscriptions.
(5) A branch may be dissolved with the prior approval of the Council.
PART V
COUNCIL
22. (1) There shall be a Council of the Institution which shall be Constitution of
responsible for the management and control of the affairs of the Council
Institution.
(2) The Council shall consist of-
(a) a President who shall be a Fellow and who previously served as

a member of the Council;
(b) a Vice-President who shall be a Fellow;
(c) the immediate past President;
(d) an Honorary Secretary and an Honorary Treasurer who shall be

Fellows or Members;
(e) one Fellow, one Member, one Associate, one student member
and four other members; and
(f) the Chairman of each branch committee and each section

committee; and one committee member nominated by each branch and
each section of the Institution.
(3) Members of the Council shall be elected annually at the annual

general meeting of the Institution.
23. Except as otherwise provided in this Act or in any regulations Functions of
made thereunder, the functions of the Councils shall be- Council
(a) to maintain a register of the names of all persons who are

members of the institution and the class of membership applicable to
such persons; and
(b) to perform all the functions of the Institution.
24. (1) The Council may for the purpose of performing its functions Committees of
under this Act establish committees or other bodies consisting of Council
members of the Institution and may, except as otherwise provided in this
Act or in any regulations made thereunder, delegate to any such
committee or body any of its functions as it considers necessary.
(2) Subject to any specific or general direction of the Council a

committee or body established under this section may regulate its own
procedure.
25. Subject to the other provisions of this Act the Council may regulate Proceedings of
its own procedure. Council
26. No action or other proceedings shall lie or be instituted against any Immunity of
member of the Council, any Committee or other body of the Council for, members of
Council
or in respect of, any Act or thing done or omitted to be done in good faith
in the exercise or purported exercise of his duties under this Act.
PART VI
ENGINEERS' REGISTRATION BOARD
27. (1) There shall be an Engineers' Registration Board of the Engineers'

Institution. Registration Board
(2) The Board shall consist of-
(a) the Dean of the School of Engineering of the University of

Zambia or his representative; and
(b) nine registered engineers, at least one of whom shall be a
registered engineering consultant, elected at an annual general meeting:
Provided that for the first members of the Board, the term "registered
engineer" shall refer to "Fellow or Member".
(3) The Board shall at its first meeting each year elect a Chairman and
Vice-Chairman from amongst its members who shall be eligible for
election at the expiration of one year:
Provided that no member shall hold office as Chairman for more than
two years.
(4) The members of the Board other than the Chairman or the
Vice-Chairman shall hold office for three years and shall, on the
expiration of that period, be eligible for re-appointment:
Provided that a member shall not serve on the Board for more than six
consecutive years.
28. (1) Subject to the other provision of this section the Board may Proceedings of
regulate its own procedure. Engineers'
Registration Board
(2) The Board shall for the transaction of its business meet at least once
every year at such places and at such times as the Board may determine.
(3) At every meeting of the Board five members shall constitute a

quorum.
(4) There shall preside at every meeting of the Board the Chairman or in
his absence the Vice-Chairman or in their absence such member as the
members present may elect for the purpose of that meeting.
(5) A decision of the Board 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.
29. (1) Subject to section thirty-three the Board shall under the general Registration of
supervision of the Council prepare and maintain a register of engineers practising
engineers
categorised on an individual or company basis.
(2) The register referred to in subsection (1) shall contain information

relating to the registered members as may be prescribed.
(3) A person shall be eligible to be registered as a practising engineer if-
(a) he is a Fellow or Member of the Institution;
(b) he is resident or has an established office or appointment in

Zambia as an engineer; and
(c) he pays a prescribed application fee.
(4) Any person applying for registration as an engineer shall submit

documents as required by the Board to support his registration.
(5) A registered engineer shall be entitled to use the title "Registered

Engineer" the abbreviation "Eng" before his name or "R.Eng" after his
name.
30. No person shall qualify to register as an engineer if- Disqualifications

for registration
(a) he has been convicted of an offence involving dishonesty;
(b) he has been adjudged or otherwise declared to be of unsound
mind under any law in force in Zambia;
(c) he is an undischarged bankrupt;
(d) in the case of a company it is not a Company Member of the
Institution.
31. (1) Every engineer or Company Member registered under section Practising
twenty-nine shall on the payment of a prescribed fee be issued by the certificate
Board with a practising certificate which shall state the category of
registration and fields of engineering in which the holder may practice.
(2) Every practising certificate issued under subsection (1) shall take
effect on the day it is issued and shall continue in force until the 31st
December next following:
Provided that every practising certificate issued between the 1st January
and the 1st February shall have effect for all purposes from the 1st
January in that year.
32. (1) Subject to subsection (2) of section thirty-one no person shall Offences relating
without a practising certificate- to practising
certificate
(a) establish a practise as an engineer or be a partner in any such

practice;
(b) accept any appointment which includes the words "engineer" or

"engineering" in its title or functions;
(c) teach, practice or offer his services as or hold himself out to be a

qualified engineer, engineering consultant or adviser;
(d) adopt, use or exhibit the titles "engineer", "registered engineer",

"project engineer", "consulting engineer" or any other terms of like
description; or
(e) do anything likely to lead persons to infer that he is a registered

engineer.
(2) Any person who acts in contravention of subsection (1) shall be

liable upon conviction to a fine not exceeding four thousand penalty
units or to imprisonment for a term not exceeding twelve months, or to
both.
(3) Where an offence under subsection (2) is committed by a body

corporate, every director and manager of the body corporate shall be
deemed to have committed the offence unless the manager or director
proves that the offence was committed without his knowledge or
consent.
(4) Where a firm does any act which if done by an individual would be
an offence under subsection (2) every partner in that firm shall be
deemed to have committed the offence unless he proves that the offence
was committed without his knowledge or consent.
(5) A practising certificate shall be renewed annually upon the payment

of fees prescribed in the Schedule and shall be displayed at the place of
practice.
(6) Has had its effect.

33. Except for heads of department at an Institution approved by the Exemption

Council, lecturers in engineering subjects, trainee engineers or pupil
engineers undergoing training programmes approved by the Council
who satisfy the academic qualification for Member and who are under
the supervision of a registered engineer shall not be required to comply
with the provisions of this Part:
Provided that the exemption under this section shall be in writing and
shall contain such conditions as shall be deemed necessary by the
Council and provided further that such exemption shall only apply to
holders of appointments which include "engineer" or "engineering" in
their titles or functions.
34. (1) The practising certificate issued under section thirty-one may be Cancellation of
cancelled by the Board if- practising
certificate
(a) it is proved to the satisfaction of the Board that the registration
was obtained through fraud, misrepresentation or concealment of any
material fact; or
(b) a person ceases to be a member of the Institution.
(2) The Board shall before cancellation of a practising certificate under

subsection (1) give a registered engineer thirty days' notice of the
intention to cancel and require the registered engineer opportunity to
show cause why his practising certificate should not be cancelled.
(3) The cancellation of a practising certificate under subsection (1) shall
be published in the Gazette.
35. A person agrieved by a decision made by or on behalf of the Board Appeals to

may appeal to the Disciplinary Committee within ninety days of such Disciplinary
Committee
decision.
36. Any person who- Offences relating

to registration
(a) makes or causes to be made an unauthorised entry, alteration or
erasure in a register, practising certificate, or in any copy thereof; or
(b) procures or attempts to procure himself or any other person a
practising certificate of any matter by means of fraud, misrepresentation
or concealment of any material facts;
shall be guilty of an offence and shall be liable upon conviction to a fine
not exceeding four thousand penalty units or to imprisonment for a term
not exceeding twelve months, or to both.
PART VII
37. (1) There shall be a Disciplinary Committee of the Institution Disciplinary

elected at an annual general meeting of the Institution. Committee
(2) The Disciplinary Committee shall consist of the following

members:
(a) a Chairman;
(b) a Vice-Chairman;
(c) legal practitioner; and
(d) not less than three and not more than five other members.
(3) The members referred to in paragraphs (a), (b) and (d) shall be
registered engineers.
(4) Members of Disciplinary Committee shall hold office for two years
and may be re-elected upon the expiration of the term of office.
(5) There shall preside at every meeting of the Disciplinary Committee

the Chairman, or in his absence the Vice-Chairman or in the absence of
the Chairman and the Vice-Chairman such member as the members
present may elect for the purpose of that meeting.
38. The functions of the Disciplinary Committee shall be to hear and Functions of
determine- Disciplinary
Committee
(a) any complaint or allegation against a member of the Institution;
(b) any complaint or allegation against a registered engineer; and
(c) any complaint or allegation against the Board.
39. (1) Except as approved in this section the Disciplinary Committee Proceedings of
may regulate its own procedure. Disciplinary
Committee
(2) Four members of the Disciplinary Committee shall form a quorum.
(3) A decision of the Disciplinary Committee shall be by a majority of

votes of members present and voting; 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.
(4) All proceedings of the Disciplinary Committee shall be held in

camera.
(5) The Disciplinary Committee shall cause to be kept a record of all its
proceedings.
(6) A party to the proceedings before the Disciplinary Committee shall

as of right be present throughout the hearing:
Provided that any party to a hearing before a Committee may be
represented by a lawyer, or with the leave of the Committee of any
person authorised by him in that behalf.
(7) The party to the proceeding or his advocates if any shall be invited to
cross-examine any person giving evidence before the Committee.
(8) The Disciplinary Committee shall, at the close of hearing each case
make a ruling which shall be communicated to the parties and to the
Council.
40. (1) The Disciplinary Committee may, for purposes of any inquiry Powers of
hear and receive any evidence and may administer oaths. Disciplinary
Committee
(2) Any person summoned to appear before the Disciplinary Committee

who, without sufficient cause-
(a) refuses or fails to attend at the time and place specified in the
summon, or having attended leaves without the permission of a
Committee; or
(b) having attended refuses to be sworn or to affirm; or
(c) refuses without lawful excuse to the best of his knowledge to

answer any question lawfully put to him; or
(d) refuses to produce any book, record, document or thing which he

has been required by summons to produce other than that which he
could not be compelled to produce in the trial of action;
shall be guilty of an offence and shall be liable upon conviction to a fine
not exceeding four hundred penalty units or to imprisonment not
exceeding three months, or to both:
Provided that no such person shall be compelled to answer any question

or produce any book, record, document or thing which he could not be
compelled to answer or produce on the trial of an action in the High
Court.
41. A registered engineer shall be guilty of professional misconduct if, Professional

in the course of his practice as an engineer, he- misconduct
(a) allows a person, other than a registered engineer or trainee

engineer in his employment to practice in the name of a registered
engineer;
(b) unlawfully discloses or uses to his advantage any information
which was acquired in the course of his professional engagement with
his client;
(c) certifies or submits in his name or in the names of his firm a
report, document, drawings, statements and related records which have
not been made by him, his partner or an engineer employed by his firm;
(d) permits his name or the name of his firm to be used in connection
with technical specifications, designs or financial calculations
contingent upon future transactions in the manner which may lead
reasonable people to infer that he vouches for the accuracy of such
information;
(e) charges for professional work, fees other than the scales
approved by the Council;
(f) in a report in which his client has interest, fails to disclose or
knowingly conceals from such client mis-statements or facts known to
himself and the disclosure of which is necessary in order that the report
does not mislead; or gives an opinion in a professional capacity without
obtaining sufficient information thereof.
42. (1) Where the Disciplinary Committee, after due inquiry finds an Penalties to be
engineer guilty of professional misconduct as a member of the imposed by
Disciplinary
Institution, it may impose one or more of the following penalties- Committee
(a) order the cancellation of his practising certificate or modify the

fields of speciality in which he may practise;
(b) recommended to the Council, the expulsion or suspension of any

member;
(c) censure him;
(d) impose a fine not exceeding eight hundred penalty units to be

paid to the Institution;
(e) order him to pay to the Institution or to any other party to the
hearing any costs of, or, incidental to the proceedings;
(f) impose any reasonable conditions for the postponement or

suspension for a period not exceeding two years of any of the foregoing
punishments.
(2) In any hearing before the Disciplinary Committee, any decision

which is shown to have been made by any court in Zambia shall be
conclusive evidence of the facts so found.
(3) The Disciplinary Committee shall as soon as practicable after the

completion of each hearing submit to the Institution a report of the
proceedings together with a copy of the record kept in accordance with
subsection (5) of section thirty-nine.
43. (1) An engineer who is aggrieved by any decision of the Appeals to Council
Disciplinary Committee may within thirty days of the notification to
him of a decision, appeal to the Council.
(2) The cancellation of any membership for registration ordered by the

Disciplinary Committee under paragraph (a) of subsection (1) shall not
take effect until after the expiration of the time allowed for lodging an
appeal against such order.
(3) The Council may, on appeal against the findings and orders of the
Disciplinary Committee-
(a) confirm, vary or set aside any findings made, penalty imposed or
direction given by the Committee; or
(b) refer the matter back to the Committee for further consideration.
PART VIII
MISCELLANEOUS
44. A practising engineer shall for his professional services rendered, Professional Fees
charge fees as the Council may, with the approval of the Minister, by
statutory instrument prescribe.
45. (1) No person shall without the consent in writing given by or on Prohibition of
behalf of the Council, publish or disclose to any person otherwise than publication or
disclosure of
in the course of his duties the contents of any document, communication information to an
or information whatsoever which relates to, and which has come to his unauthorised
knowledge in the course of his duties under this Act. person
(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 eight hundred penalty
units or imprisonment for a term not exceeding three months 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 eight hundred penalty units or to imprisonment for a
term not exceeding three months or to both.
46. Any person who contravenes any of the provisions of this Act shall Offences and
be guilty of an offence and where no specific penalty is provided shall penalties
be liable upon conviction to a fine not exceeding six hundred penalty
units or to a term of imprisonment not exceeding three months or to
both.
47. (1) Subject to the approval of the Minister, the Council may by Regulations of
statutory instrument make regulations for the Institution prescribing all Council
or any of the following:
(a) the manner of application for membership to the Institution and

transfer of any member from one class to another;
(b) entrance fees and annual subscriptions;
(c) the manner of election, removal and replacement of the

President, Vice-President, the officers and other members of the
Council, its committees and of representatives of the Institution or any
other body;
(d) the regulation of powers exercisable by the Council, its

committees and bodies of the Institution;
(e) provision for voting by proxy, post and otherwise;
(f) the manner of keeping accounts of the Institution and the

rendering of reports and accounts;
(g) resignation of members of the Institution;
(h) the form and manner of summons requiring the attendance of a

witness before the production of any book, record, document or thing;
(i) the procedure to be followed and rules of conduct to be observed

in proceedings before the Disciplinary Committee;
(j) the manner of application for registration as an engineer and fees

payable for such registration;
(k) the grounds for expulsion or suspension of members from the

Institution and procedure relating thereto;
(l) the preservation of copyrights of papers, reports of proceedings

and discussions of the Institution;
(m) the code of conduct to which all members of the Institution shall
subscribe;
(n) the fixing of fees for professional services and any other fees
which are required to be subscribed; and
(o) any other matters as may be deemed by the Council to be

necessary for the proper conduct and regulation of the affairs of the
Institution.
48. (1) Subject to subsection (2) the Engineering Institution of Zambia Repeal of Act No.
Act, 1972, is hereby repealed. 12 of 1972
(2) Notwithstanding the repeal of the Engineering Institution of Zambia

Act, 1972-
(a) any regulation made under that Act;
(b) any contract entered into or all assets acquired and liabilities
incurred by the Institution;
immediately before the commencement of this Act shall continue to
have effect or be valid as the case may be and shall be deemed to have
been made, entered into, acquired or incurred as the case under this Act.
SUBSIDIARY LEGISLATION
THE ENGINEERING INSTITUTION OF ZAMBIA ACT
THE ENGINEERING INSTITUTION OF ZAMBIA

REGULATIONS [ARRANGEMENT OF REGULATIONS]
PART I
PRELIMINARY
Regulation
1. Title
2. Interpretation
PART II
MEMBERSHIP
3. Application for membership
4. Resignation from membership
5. Payment of membership fees, etc.
6. Annual subscription
7. Annual subscription of retired members
8. Default in payment of annual subscription
9. Effect of registration
10. Membership certificate
11. Formation of sections
PART III
COUNCIL PROCEDURES
12. Council elections
13. Eligibility for elections as President, etc.
14. Tenure of Office of President, etc.
15. Vacancies on the Council
16. Representation of the Council in other professional bodies
17. Co-opted Members
18. Meetings of Council
PART IV
REGISTRATION BOARD
PROCEDURES
Regulation
19. Board Elections
20. Casual vacancies on the Board
21. Meetings of the Board
22. Registrar
23. Application for registration as practising engineer
24. Registration fees
25. Practising certificate
26. Fields of competence
PART V
PROCEDURES
27. Elections for Disciplinary Committee Members
28. Eligibility for Chairman and Vice-Chairman
29. General vacancies
30. Complaints procedure
31. Meetings of the Disciplinary Committee
PART VI
SEAL AND MEETINGS OF
INSTITUTION
32. Seal of Institution
33. Annual General Meeting
34. Agenda for Annual General Meeting
35. Special General Meeting
36. Minutes of Institution, etc.
PART VII
FINANCIAL
Regulation
37. Funds of Institution
38. Accounts and Audit
39. Revocation of Statutory Instruments No. 43 of 1985 and No. 71
of 1987
FIRST SCHEDULE-Forms
SECOND SCHEDULE-Code of Ethics
THIRD SCHEDULE-Scale of Fees for Professional Services
SECTION 47-ENGINEERING INSTITUTION OF Statutory

ZAMBIA REGULATIONS Instrument
125 of 1993
Regulations by the Minister
PART I
PRELIMINARY
1. These Regulations may be cited as the Engineering Institution of Title
Zambia Regulations.
2. In these Regulations, unless the context otherwise requires- Interpretation
"Annual General Meeting" means the Annual General Meeting of the

Institution;
"branch" means a branch formed by a prescribed number of sections in a

prescribed geographical region;
"certificate" means practising certificate issued by the Registration

Board;
"committee" means a committee of the Council;
"financial year" means the financial year of the Institution beginning

form the 1st April of each year and ending on the 31st March of the
following year;
"member" means a member of the Institution and "membership" shall be

construed accordingly;
"membership certificate" means the certificate issued after admission to

the membership of the institution;
"Secretary" means the Honorary Secretary of the Institution;

"section" means a section formed under Regulation 11;
"Registrar" means the Registrar of the Registration Board.
PART II
MEMBERSHIP
3. (1) Application for admission to any class of membership shall be Application for
made to the Secretary for- membership
(a) any individual in the form set out in Part I of the First Schedule;
and
(b) any company in the form set out in Part II of the First Schedule.
(2) Upon receipt of an application made under sub-regulation (1), the

Secretary shall, as soon as practicable, submit it to the appropriate
committee, together with his recommendations thereon, and the
Committee shall, as soon as practicable approve or reject the
application.
(3) Any decision of the Committee approving or rejecting an

application for membership shall be communicated forthwith to the
Council who shall confirm or vary such decision in its discretion,
(4) A decision of the Council shall be communicated to the applicant by

the Secretary.
4. (1) A member of any class of the Institution may resign his Resignation from
membership upon giving notice in writing through the Secretary to the membership
Council of his intention to resign.
(2) The resignation of a member shall not take effect until the members
has paid all arrears of subscription due up to and including the date of
his resignation, and no refund of subscription already paid shall be made
to a member who has resigned his membership.
(3) A members who has resigned shall forward his certificate of

membership to the Secretary who, upon receipt of the certificate, shall
remove the name of such member from the register of members.
(4) A fully paid-up member who resigns his membership shall be

recorded as having resigned in good standing.
(5) A member who resigns without paying all arrears of subscription

due up to and including the date of his resignation shall have his name
struck off the register.
5. (1) Where the Council approves an application for membership, such Payment of
membership shall commence when the applicant pays to the Institution membership fees,
etc.
within sixty days of being notified of such approval-
(a) the registration fee; and
(b) the membership fee;

as set from time to time by the Institution for the class of membership to
which he has been admitted.
(2) Where a successful applicant fails to pay the registration fee and the
membership fee within the period prescribed in sub-regulation (1), his
application for membership and the Council's approval thereof shall
automatically lapse.
6. (1) On or about the 1st April of each year, each member shall pay to Annual
the Institution an annual subscription applicable to the class of subscription
membership to which he belongs, as set from time to time by the
Institution.
(2) Any person who is admitted to any class of membership, or any

member who is transferred from class of membership to another, after
the 30th September in any financial year shall pay to the Institution half
of the annual subscription for that class of membership for that financial
year.
7. Any member over the age of 55 years who satisfies the Institution Annual
that he has ceased to be engaged in gainful employment may elect to pay subscription of
retired members
each year only one-half of the subscription for that year, or in the
alternative, pay an aggregate sum equivalent to five annual
subscriptions in lieu of all future annual subscriptions.
8. Any member who fails to pay his annual subscription for twelve Default in payment
months shall cease to be a member in good standing, and his of annual
subscription
membership shall lapse automatically:
Provided that the Council may, in its absolute discretion, reinstate upon
payment by such member of all arrears of subscription.
9. (1) Every member shall be a subject to the Code of Ethics set out in Effect of
the Second Schedule. Registration
(2) Every members, other than a public servant, shall be entitled, in the
absence of special authorisation from the Council to the contrary, to
receive remuneration for his professional services in accordance with
the Council's scale of fees for professional advice, services rendered or
other work done, as set out in the Third Schedule.
(3) Before engaging in any professional advice, services or other work,

every member shall draw the attention of the client to the Council's scale
of fees mentioned in sub-regulation (2).
10. (1) There shall be issued to each member a certificate stating his Membership
full name, his class of membership and the date upon which he was certificate
admitted to that class of membership.
(2) Every certificate issued under sub-regulation (1) shall bear the crest
of the Institution, and shall be signed by the President or Vice-President
and the Secretary.
11. (1) The Council may authorise the formation of a section upon Formation of
receipt of an application from a proposed section which consists of at sections
least twenty persons form the class of Member or Fellow who are also
members of a particular discipline of the profession.
(2) For the purpose of sub-regulation (1) the Secretary shall keep and
maintain for each section a register of members which shall be open for
inspection by the public.
PART III
COUNCIL PROCEDURES
12. (1) The provisions of this regulation shall apply to election of Council of
Councillors under paragraph (3) of section twenty-two of the Act. elections
(2) For the purpose of nominating candidates for election as

Councillors, there shall be constituted every year a nominations
Committee made up of the following:
(a) the immediate past President or the most recent past President
available;
(b) three members nominated by resolution of the Council; and
(c) one member nominated by each section and branch.
(3) Candidates shall be resident in Zambia at the time of the election.
(4) Nominations shall be made by completing a nomination form

approved by the Council on which candidates shall sign indicating their
willingness to serve on the Council.
(5) Not less than ten weeks before the Annual General Meeting, the
nominations Committee shall call for nominations by a notice to the
Branches and Sections, indicating the number of positions to be
contested in each category of the council composition.
(6) Not less than six weeks before the Annual General Meeting, the
nominations Committee, shall deliver to the Secretary all valid
nominations forms.
(7) Not less than two weeks before the Annual General Meeting, the
Council shall circulate to all members, the list of valid nominations
together with brief details of each candidate.
(8) Voting shall be by secret ballot.
(9) Each member present shall have one vote in each section.
(10) Where in the election of any of the office bearers two or more
candidates shall receive the highest number of votes, a second ballot
shall be held to decide the winner amongst such candidates.
(11) Where in the election of ordinary members two or more candidates

shall tie for the last position in a class, a second ballot shall be held to
decide the winner amongst such candidates.
(12) At the Annual General Meeting, the President shall announce the
names of those candidates who have been elected councillors, either as a
result of the elections or because no elections were necessary.
13. (1) No member shall be eligible for election as President or Eligibility for
Vice-President unless: election as
President, etc.
(a) he is a Fellow and has previously served as a member on the

Council; and
(b) has been nominated by three persons who are either Members or
Fellows, one of whom shall be the proposer and the other two seconders.
(2) For election as Honorary Secretary or Honorary Treasurer,

candidates shall be-
(a) members or Fellows;

(b) nominated by three persons at least one of whom shall be a
Fellow, being one proposer and two seconders.
(3) For election as ordinary member in the case of Member or Fellow,

candidates shall be nominated by three persons who are either Members
or Fellow, being one proposer and two seconders.
(4) For election as ordinary member in the class of Associate,

candidates shall be nominated by three Associates, one of whom shall be
the proposer and the other two, the seconders.
(5) For election as ordinary member in the class of student, candidates

shall be nominated by three students one of whom shall be the proposer
and the other two, the seconders.
14. (1) No person shall hold office of President for more than two Tenure of office of
consecutive years. President, etc.
(2) No person shall hold office as Branch Chairman for more than two
consecutive years.
15. (1) Whenever the office of President is vacant or the President in Vacancies on the
unable to perform the functions of his office, the Vice-President shall Council
perform such functions.
(2) If the office of Vice-President is vacant, the Council shall elect one
of its members to fill the vacancy.
(3) If the office of Honorary Secretary or Honorary Treasurer falls

vacant, the Council shall nominate a Member, Fellow or a member of
the Council of the class of Member or Fellow to fill the vacancy.
(4) Any other vacancy in the Council shall be filled by a nominee of the
Council selected from the class in which the vacancy has occurred.
(5) The period during which a person holds the offices of President or
Branch Chairman in an acting position shall not form part of the two
year period stipulated in Regulation 14.
16. The Council may, on such terms and conditions as it deems fit, Representation of
appoint any member to represent the Institution on any other the Council in
other professional
professional body. bodies
17. The Council may coopt any member to the membership of the Co-opted members
Council but such coopted member shall not be entitled to vote on any
matter under consideration by the Council.
18. (1) For the transaction of its business, the Council shall meet at such Meetings of the
places and at such times, being not less than once every three months as Council
it may determine.
(2) Upon giving seven days notice a meeting of the Council may be
convened by the Secretary at the request of the President, or of any three
Councillors:
Provide; that if the urgency of any particular matter does not permit the
giving of such notice, an extraordinary meeting may be called, upon
giving a shorter notice.
(3) There shall preside at every meeting of the Council the President or
in the absence of the President, the VicePresident, or in the absence of
both the President and the VicePresident, such Fellow as the members
(4) At any meeting of the Council, five councillors of whom one shall
be the President or the Vice-President or a Branch Chairman or Section
Chairman, shall constitute a quorum.
(5) A decision of the Council on any question shall be by a majority of

the members present and voting at a meeting of the Council and in the
event of an equality of votes, the person presiding at the meeting shall
have a casting vote in addition to his deliberate vote.
(-) Notwithstanding the provisions of sub-regulation (5), a decision may

be made by the Council on any urgent matter by the circulation of
relevant papers among the members and by the expression in writing of
the views of the majority thereof:
Provided that any member shall be entitled to require that any decision
shall be deferred until the matter is considered at a meeting of the
Council.
PART IV
REGISTRATION BOARD
PROCEDURES
19. (1) The following shall constitute the nominating colleges from Board elections
which candidates for the Board shall be elected-
(a) NC 1: Consulting Engineers
(b) NC 2: Aeronautical, Aircraft, Automobile, Mechanical

Production
(c) NC 3: Civil, Environmental, Land surveying, Roads, structural

water and sanitation.
(d) NC 4: Computer, Electric Power, Electronics,

Telecommunications
(e) NC 5: Geology, Mining
(f) NC 6: Metallurgy, Chemical and Process
(g) NC 7: Open
(2) One person who shall be qualified in one or more of the areas
defined in the college in which he is nominated shall be elected from
each of the colleges NC 1 to NC 6.
(3) Three persons shall be nominated from the college NC 7; two of
whom shall be Fellows of the Institution.
(4) Nominations shall be made by completing a nomination form

approved by the Council.
(5) Candidates shall be nominated by three registered Engineers, one of

whom shall be the proposer, and the other two, the seconders, all from
the same Nominating college.
(6) Candidates shall sign the nominating form indicating their

willingness to serve on the Board.
(7) Candidates shall be resident in Zambia at the time of the election.
(8) Not less than ten weeks before an Annual General Meeting of the
Institution, the nominations committee shall call for nominations by a
notice to the Branch and Section Committees.
(9) Not less than six weeks before the Annual General Meeting all valid
nomination forms shall be received by the Honorary Secretary of the
Council.
Council shall circulate to all Registered Engineers the list of valid
nominations together with the details of each candidate.
(11) Voting shall be by secret ballot.
(12) Each member present shall have one vote in each of the
Nominating College.
(13) Where in the election of a member from any of the nominating

colleges NC 1 to NC 6, two or more of the candidates receive the highest
number of votes, a second ballot shall be held to decide the winner
amongst such candidates.
(14) Where in the election of members from nominating college NC 7,

two or more of the candidates shall receive the same number of the votes
for the third position, a second ballot shall be held to decide the winner
amongst such candidates.
(15) The procedure above shall be followed for the election of the first
Board of the Council.
(16) The nominees and their supporters shall be Members or Fellows of

the Institution.
20. If a vacancy falls during the term of a Board, the Council shall Casual vacancies
select a member to fill the vacancy from the particular Nominating on the Board
College.
21. (1) The Board shall determine the frequency of its meetings, Meetings of the
provided that it shall meet at least once a year. Board
(2) A member who, without reasonable cause, fails to attend two

consecutive meetings of the Board shall cease to be a member and shall
be so notified, in writing, by the President of the Institution.
22. There shall be a registrar who shall be the head of the secretariat of Registrar
the Board.
23. (1) Application for registration as a practising engineer shall be Application for
made in the form prescribed by the Board in the First Schedule Part III registration as
practising engineer
and shall be lodged with the Registrar.
(2) Upon receipt of the application made under Regulation, (1) the
Registrar shall, as soon as practicable, submit it for consideration by the
Board, together with his recommendation.
(3) A decision of the Board on an application for registration shall be

notified to the applicant by the Registrar as soon as practicable after
such a decision has been made.
24. (1) Where the Board approves an application for registration, the Registration fees
applicant shall pay to the Board, within thirty days of being notified of
such approval, the registration fees, as determined by the Council from
time to time.
(2) Where a successful applicant fails to pay the registration fees within
the period prescribed in sub-regulation (1), his application shall
automatically lapse.
25. An applicant who successfully fulfills the requirements of Practising

regulations 23 and 24 shall be issued with a practising certificate by the certificate
Board as provided in the First Schedule Part IV which shall specify the
field of competence.
26. (1) The Board shall issue certificates in the following fields of Fields of
competence: competence
(a) Civil Engineering
(b) Electrical Electronic Engineering
(c) Geology/Hydrogeology
(d) Land Surveying
(e) Mechanical Engineering
(f) Metallurgy
(g) Mining
(2) The Board may prescribe other fields which, in its view, are not
adequately covered by the list in sub-regulation (1).
PART V
PROCEDURES
27. (1) The nominations committee of the Council shall nominate Elections for
members for election to the Disciplinary Committee. Disciplinary
Committee
Members
(2) Any member so nominated who is willing to stand for election shall,
by writing under his hand, delivered forthwith to the nominations
Committee, accept such nomination.
(3) Not less than ten weeks before the Annual General Meeting of the
Institution in any year, the nominations committee shall prepare a list of
the nominees who have accepted nominations and deliver such list to the
Honorary Secretary of the Institution.
(4) No less than six weeks before the Annual General Meeting in any
year, the Honorary Secretary shall cause to be delivered to each voting
member of the Institution in good standing, a copy of such list of
nominees with brief details of each nominee.
(5) Any two voting members of the Institution in good standing may, by
writing under their hands nominate a member in good standing for
election to serve on the disciplinary committee, and shall deliver such
nomination, together with the written acceptance of the nominee, to the
Honorary Secretary, not less than three weeks before the Annual
General Meeting in any year.
Honorary Secretary shall circulate to all branches and sections the final
list of nominations.
(7) If at any election the number of nominees shall exceed the number
of vacancies on the Disciplinary Committee, the Annual General
Meeting shall vote in such manner as prescribed by the Honorary
Secretary provided that such voting shall be by secret ballot.
(8) Where, during the election of the Disciplinary Committee any two
or more candidates receive the same number of votes, the President shall
exercise his discretion to either have a casting vote or call upon the
voting members present at the meeting forthwith by ballot to indicate
their preference amongst such candidates.
28. The Chairman and ViceChairman shall be Fellows of the Institution Eligibility for
and shall not hold office on the Council and shall not be members of a Chairman and
Vice-Chairman
Branch or Section Committee.
29. (1) If the Office of the Chairman falls vacant during a term, the General vacancies
Council may elect any Member or Fellow to serve on the Committee,
provided that a person elected to serve as Vice-Chairman shall be a
serving member of the Committee.
(2) If any other position on the Committee falls vacant during a term,
the Council may select any Member or Fellow to serve on the
Committee, provided that a person selected to serve as Vice-Chairman
shall be a serving member of the Committee
30. (1) All complaints against members of the Institution shall be Complaints
lodged either directly with the Institution or through branches or procedure
sections of the Institution.
(2) The power to adjudicate upon such complaints shall vest exclusively
in the Disciplinary Committee.
(3) A member of the public desirous of making a complaint against a

member of the Institution shall be requested to put his complaint in
writing, and in such sufficient detail as will enable appropriate inquiries
to be conducted into the complaint by the Disciplinary Committee.
(4) After due consideration of a complaint, the Disciplinary Committee

may decide.
(5) Where, after due consideration of the complaint, the Disciplinary
Committee requires the member against whom the complaint is made to
submit an exculpatory statement in writing, failure to submit such
statement within the period specified by the Disciplinary Committee
shall be deemed to constitute confirmation of the allegations contained
in the complaint.
(6) It shall be the duty of the disciplinary committee to establish all the
relevant facts of the case, and to seek from any person any additional
information necessary to establish the facts.
(7) The parties to the case shall be given equal opportunity to state their
case.
31. A meeting of the Disciplinary Committee shall be called by the Meetings of the
Chairman at regular intervals to consider and adjudicate upon Disciplinary
Committee
complaints.
PART VI
SEAL AND MEETINGS OF
INSTITUTION
32. (l) The seal of the Institution shall be kept by the Secretary. Seal of Institution
(2) The affixing of the seal of the Institution shall be authenticated by

the President or the Vice-President and the Secretary or two other
members authorised in that behalf by resolution of the Council.
(3) All documents requiring to be signed on behalf of the Institution

shall, after the Council has signified its approval thereto, be signed by
any two persons from such persons as may be authorised in that behalf
by the Council.
33. (1) An Annual General Meeting shall be held within six months of Annual General
the end of each financial year. Meeting
(2) Notice of the date of each Annual General Meeting shall be given by
the Secretary at least seven weeks before the date of such meeting.
(3) Notice of an Annual General Meeting or an Extraordinary General

Meeting or any other meeting of the Institution may be given by such
method as the Council thinks adequate, including by the use of the mass
media.
34. The Secretary shall deliver with the written notice of the date of Agenda for the
each Annual General Meeting an agreed agenda for such meeting. Annual General
Meeting
35. (1) Upon giving to the Council not less than fourteen days' notice a Special General
Special General Meeting of the Institution may be requested by twenty Meeting
Members, of whom at least five shall be Fellows, and seven shall be
Members and the agenda for such meeting shall be communicated to the
Council at the time of such request.
(2) Upon receipt of such request, the Council shall direct the Secretary
to convene a Special General Meeting within sixty days of the request,
and to give notice of such meeting, together with the agreed agenda for
the meeting.
(3) At a Special General Meeting, only such matters as are specified on

the agreed agenda shall be voted upon.
36. The Secretary shall cause to be kept minutes of all proceedings and Minutes of
resolutions of the Institution, the Council and any committee or Institution, etc.
subcommittee of the Council, which shall be circulated to members
within twentyone days after the meeting to which they relate.
PART VII
FINANCIAL
37. All income and other moneys received by and belonging to the Funds of institution
Institution shall be applied towards the promotion and furtherance of the
aims and objectives of the Institution.
38. (1) The Council shall keep proper books of account and other Accounts and
records relating to its accounts, and shall prepare proper statements of Audit
accounts and have them audited prior to the Annual General Meeting of
each year.
(2) The accounts of the Institution shall be audited by an auditor

authorised in that behalf by the Council.
PART VIII
REVOCATION OF STATUTORY
INSTRUMENTS
39. The regulations under statutory instruments No. 43 of 1985 and 71 Revocation of S.I.
of 1987 are hereby revoked. No. 43 of 1985 and
S.I. No. 71 of 1987
FIRST SCHEDULE
(Regulation 3)
PART I
Form EIZ I
(EIZ CREST)
INDIVIDUAL MEMBERSHIP APPLICATION FORM FOR ELECTION/TRANSFER
For official use only

The Engineering Institution of Zambia, P/O. Name
Box 34730, Lusaka Date received
Class applied
Class approved
Date elected
Registration No.
Section A: Particulars of Applicant:

(1) Full Name
(2) Address
(3) Date of Birth

(4) Present class of membership and date elected
(5) Name of employer or educational institution
(6) Address of (5)
(7) Office or course of study
(8) Date of commencement of study
(9) Proposed end of study
(10) Name of secondary school

from ............................................ to
Address
(11) Technical Education
from ............................................ to
(12) Degrees, diplomas or other qualifications:
Title of Award Field of Institution Date of Award

Specialisation
(13) Training and experience
from ............................................ to
(14) Statutory employer or training institution (for students/associates only)
PART II
Form EIZ 2
(EIZ CREST)
CORPORATE MEMBERSHIP APPLICATION FORM
(Regulation 3)
For official use only

Name
The Engineering Institution of Zambia, P/O.
Box 34730, Lusaka Date received
Class applied
Class approved
(1) We (name of company)
of (address of company)
hereby apply for enrolment in the Engineering Institution of Zambia as a corporate

member.
(2) Industrial activities of the company connected with engineering
(3) (a) List the engineering disciplines appropriate to the activities of the company
(b) List not less than two senior members of staff in the category of Member or
Fellow responsible for
controlling the activities listed above
(4) We remit herewith K in total

payment for our dues for the year April .................... to March
(5) We appoint as corporate Representative:
Name
Title
(6) We hereby declare that we will abide by the fundamental principles and canons
enunciated in the Code of Ethics.
(7) This form is completed by
Designation
Date
PART III
ENGINEERING INSTITUTION OF ZAMBIA For Official Use

ENGINEERING REGISTRATION BOARD Accepted/Rejected
Date
Field
Registration No.
Application Form for Registration as an Engineer

(ENG, R. Eng)
(Regulation 23)
PART A-PARTICULARS OF APPLICANT

1. Full name:
2. Passport/NRC No., place and date of issue
3. Nationality
4. Permanent Residential Address:
in Zambia
in country of origin
5. Present Postal Address
6. Employer of Business Name

Address
Office Location
Business Activity
7. EIZ Membership Class MEIZ/FEIZ
Membership No.
8. Field of competence applied for (see note 2)
9. Have you ever been involved in a disciplinary case?

(YES/NO) If yes please explain
PART B-ACADEMIC
AND PROFESSIONAL QUALIFICATIONS
1. ACADEMIC QUALIFICATIONS
Institution
Field of Specialisation and Address Date of Award
2. PROFESSIONAL QUALIFICATIONS AND MEMBERSHIP

Institution Award or Class
and Address and Address Date of Award
PART C-WORK EXPERIENCE

Please give the relevant dates and the designations of all posts you have held, the names
of your employers, the places of employment and a brief description of your personal duties
and responsibilities in chronological order.
The Committee needs to know the kind of work in which you have been and are involved
especially your personal contribution and the manner in which you have applied your
engineering education, training and experience.
From To
mt/yr mt/yr
PART D-DECLARATION
I, hereby certify and declare that the
particulars given on this form are true to the best of my knowledge and belief and I further
declare that I shall abide by the rules and regulations of the Engineering Institution of
Zambia (EIZ) and the Engineering Registration Board and code of ethics.
Signature of Applicant
Date
NOTES:
1. Copies of Certificates should be attached.
2. Fields of Competence.
Field Code
Civil Engineering CE
Electrical/Electronic Engineering EE
Geology/Hydrogeology GG
Land Surveying LS
Mechanical Engineering ME
Metallurgy MT
Mining MG
Any other as adopted by the Board.
PART IV
THE ENGINEER'S REGISTRATION
Insert Graphic
Insert Graphic Board of Zambia
Certificate to Practice as an Engineer in Zambia
(Regulations 25, 26)

Surname ..................................... First Name(s)
Maiden Name
EIZ Membership Number
Registration Number
Area(s) of Competence
Given on the ...................... day of ........................... in the year

Date of Expiry
..................................................................................... ...................................................................
Chairman Member, Engineer's
Engineer's Registration Board Registration Board
Date ............................................................................. Date ..........................................................
SEAL OF
THE
INSTITUTION
SECOND SCHEDULE
(Registration 9(1))
CODE OF ETHICS
PART I
RESPONSIBILITY OF MEMBER
1. Every member of the Institution shall undertake and subscribe in

a prescribed manner to abide by the fundamental principles and canons
enunciated herein.
2. Whenever any member has knowledge or reason to believe that
any other person or firm has violated any of the Institution's
fundamental principles or canons, he shall furnish in writing to the
Institution information concerning such violation, and shall co-operate
fully with all concerned in furnishing such further information or giving
such further assistance as may be required.
3. Whenever any member of the public makes a complaint against a
member of the Institution, the Institution shall take all reasonable steps
to bring such complaint to the notice of the member against whom the
complaint is made.
4. A non-member of the Institution shall be afforded free and
unimpeded access to the Institution for making complaints against
members of the Institution, but under no circumstances shall a member
of the Institution lodge with the Institution a complaint against another
member on behalf of a non-member.
5. No member of the Institution shall prevent or attempt to prevent
the lodging of a complaint with the Institution against another member
in violation of the Institution's fundamental principles and canons.
6. All complaints lodged against members of the Institution, and all
investigations carried out into such complaints by the Institution shall be
treated as confidential, and shall not be open for public inspection
except for the member concerned and the complainant.
PART II
FUNDAMENTAL PRINCIPLES
7. Every member shall uphold and foster the integrity, honour and
dignity of the engineering profession by-
(a) using his knowledge and skill for the enhancement of human
welfare;
(b) being honest and impartial, and serving with fidelity the public,
his employers and clients;
(c) striving to increase the competence and prestige of the
engineering profession; and
(d) supporting the professional and technical societies of his
discipline.
PART III
FUNDAMENTAL CANONS
8. Every member shall-

(a) hold paramount the safety, health and welfare of the public in the
performance of his professional duties;
(b) perform services only in the areas of his professional
competence;
(c) issue public statements only in an objective and truthful manner;
(d) act in professional matters for each employer or client as a
faithful agent or trustee, and shall avoid conflicts of interest;
(e) build his professional reputation on the merits of his services and
shall not compete unfairly with other engineers;
(f) associate professionally only with reputable persons or
organisations;
(g) continue his professional developments throughout his career
and shall provide opportunities for the professional development of
those engineers placed under his supervision.
PART V
GUIDELINES OF FUNDAMENTAL ETHICS AND CANONS
9. A members shall-
(a) recognise that the lives, safety, health and welfare of the general
public are dependent upon engineering judgements, decisions and
practices incorporated into structure, machines, products, processes and
devices;
(b) not approve the seal plans and/or specifications that are not of a
design safe to public health and welfare, or in conformity with accepted
engineering standards;
(c) not affix his signature and/or seal to any engineering plan or
document dealing with any subject matter in which he lacks competence
by virtue of his education or experience, or to any such plan or
document not prepared under his direct supervision or control;
(d) do whatever is possible to provide published standards, test
codes and quality control procedures that will enable the public to
understand the degree of safety or life expectancy associated with the
use of the design, products or systems for which he is responsible;
(e) conduct reviews of the safety and reliability of the design,
products or systems for which he is responsible before giving his
approval to the plans for the design;
(f) inform the Institution of any conditions which he believes are
likely to endanger public safety, health or welfare;
(g) seek opportunities to be of constructive service in civic affairs
and work for the advancement of the safety, health and well being of the
community in which he lives;
(h) be committed to improving the environment so as to enhance the
quality of life.
10. A member-
(a) shall undertake to perform engineering assignments only in the
specific areas of his qualifications and experience, or in the specific
technical field in which he is involved.
(b) may accept an assignment requiring education or experience
outside his field of competence, but only to the extent that his services
are restricted to those phases of the project in which he is qualified and
all other phases of such projects shall be performed by qualified
associates, consultants employees;
(c) whose professional judgement is over-ruled under
circumstances where the safety, health or welfare of the public is likely
to be endangered, shall inform his clients or employers of the possible
consequences and shall notify the Institution of the situation, as may be
appropriate.
11. A member shall-
(a) endeavour to extend public knowledge, and to prevent
misunderstanding of the achievements of engineering;
(b) be completely objective and truthful in all professional reports,
statements or testimony, and shall include all relevant and pertinent
information in such reports, statements, or testimony;
(c) when serving as expert or technical witness before any court,
commission or other tribunal express an engineering opinion only when
such opinion is founded upon-
(i) adequate knowledge of the facts in issue;
(ii) a background of technical competence in the
subject-matter; and
(iii) an honest conviction of the accuracy and
propriety of his testimony;
(d) not issue any statements, criticisms or arguments on engineering
matters which are inspired or paid for by any interested party without
prefacing such statements, criticisms or arguments with an explicit
declaration in that behalf, or by disclosing the identity of the party on
whose behalf such statements, criticisms or arguments are issued, or by
revealing the existence of any pecuniary interest he may have in the
matters;
(e) conduct himself in a dignified and modest manner in explaining
his work and merit and avoid any act tending to promote his own
interests at the expense of the integrity, honour or dignity of the
profession.
12. A member shall-
(a) in professional matters, act for each employer or client as a
faithful agent or trustee, and shall avoid conflicts of interest;
(b) avoid all known conflicts of interest with his employers or
clients and shall promptly inform his employers or clients of any
business association, interests, or circumstances which could influence
his judgement or the quality of his services;
(c) not undertake any assignments which would create a potential
conflict of interest between himself and his employers or clients;
(d) not accept financial or other valuable consideration from more
than one party for services rendered on the same subject, for services
pertaining to the same project, unless the circumstances relating thereto
are fully disclosed and agreed to by all interested parties;
(e) not solicit or accept financial or other valuable consideration,
including free engineering designs, from material or equipment supplies
for recommending or specifying their products;
(f) not solicit or accept gratuities directly or indirectly from
contractors, their agents or other parties dealing with his employers or
clients in connection with work for which he is responsible;
(g) not, when in public service as member, advisor, or employee of a
governmental body or department, participate in considerations or
actions with respect to services provided by him or his organisation in
private or product engineering practice;
(h) not solicit or accept any engineering contract from a government
body on which a principal, officer or employee of his organisation
serves as a member;
(i) so advise his employers or clients if, as a result of his studies, he
has reason to believe that a project will not be successful;
(j) treat information coming to him in the course of his assignments
as confidential, and shall not use such information as a means of making
personal profit if such action will adversely affect the interests of his
employers or clients, or the general public; and in particular, no member
shall-
(i) disclose confidential information
concerning the business affairs or technical processes of any present or
former employer or bidder under evaluation, without his consent;
(ii) reveal confidential information or findings of any
commission or board of which he is or was a member;
(iii) copy for other uses, without the express
permission of his clients, any designs supplied to him by such clients for
their own exclusive use;
(iv) embark, while in the employ of a particular
client, upon promotional efforts or negotiations for work, or make
arrangements for other employment as principal, or practice in
connection with specific projects, for which he has gained particular and
specialised knowledge, without the consent of all interested parties;
(k) act with fairness and justice to all parties when administering a
construction or other contract;
(l) before undertaking work for others in which he is likely to
make improvement, plans, designs, inventions, or other records which
may justify copyrights or patents, enter into a positive agreement
regarding ownership thereof.
13. A member shall-
(a) admit and accept his errors when proved wrong, and refrain from
distorting or altering the facts to justify his wrongful decisions;
(b) not accept professional employment outside his regular work or
interest without the consent of his employers;
(c) not attempt to attract an employee from another employer by
false or misleading representations;
(d) not review the work of other engineers, except with the consent
of such engineers, or unless the assignments or contractual agreements
for the work in question have been terminated:
Provided that-
(i) a member in governmental, industrial or educational
employment may review and evaluate the work of other
engineers when so required by his duties;
(ii) a member in sales or industrial employment may make
engineering comparisons of his products with products of other
suppliers;
(iii) a member in sales employment shall not offer or give
engineering consultation or designs or advise, other than that
specifically applying to equipment, materials or systems being
sold or offered for sale by him.
14. A member shall-
(a) not pay or offer to pay, either directly or indirectly, any
commision, political contribution, gift or other consideration as an
inducement to secure work, except the securement of salaries positions
through an employment agency;
(b) negotiate contracts for professional services fairly and only on
the basis of demonstrated competence and qualifications for the type of
professional services required;
(c) negotiate a method and rate of compensation commensurate
with the agreed scope of service, (meeting of the minds of the parties to
the contract is essential to mutual confidence. The public interest
requires that the cost of engineering services shall be fair and reasonable
but not the controlling consideration in the selection of individual or
firms to provide such services and this shall apply to the procurement of
the services of other professionals by members);
(d) not attempt to supplant other engineers in a particular
employment after becoming aware that definite steps have been taken
towards the employment of those other engineers, or after they have
been duly employed;
(e) not solicit employment from clients who already have other
engineers under contract for the same work;
(f) not accept employment from clients who have already engaged
other engineers for the same work not yet paid for, unless the
performance or payment requirements in the contract are being litigated
or the contracted engineer's services have been terminated in writing by
either party to the contract; in case of the cessation of litigation, the
member, as prospective engineer shall, before accepting the assignment,
advise the engineers involved in such litigation;
(g) not request, propose or accept professional commissions on a
contingent basis in circumstances under which his professional
judgements may be compromised, or when a contingency provision is
used as a device for promoting or securing a professional commision;
(h) not falsify or permit misrepresentation of his or his associates'
academic qualifications; nor shall he misrepresent or exaggerate his
degree of responsibility in, or for the subject matter of, prior
assignments, (brochures or other presentations incidental to the
solicitation or employment shall not misrepresent pertinent facts
concerning employers, employees, associates, joint ventures, or his past
accomplishments with the intent and purpose of enhancing his
qualifications or work).
15. A member may advertise professional services only as a means of identification and such
advertisements shall be limited to the following-
(a) professional cards and listings in recognised and dignified publications, provided they are
considered in size and are in a section of the publication regularly devoted to such professional cards and
listings; the information displayed must be restricted to firm name, address, telephone number, appropriate
symbol or logo, names of principal participants and the fields or practice in which the firm is qualified;
(b) signs on equipment, office and at the site of projects for which he renders services, and limited to
firm name, address, telephone number and types of services, as appropriate;
(c) brochures, business cards, letter heads and other factorial representations of experience,
facilities, personnel and capacity to render services provided they are not misleading relative to the extent of
participation in the projects cited, and are indiscriminately distributed;
(d) listings in the classified section of telephone directories limited to name, address, telephone
number and specialities in which the firm is qualified, without resorting to special or bold type.
16. A member may-

(a) use display advertising in recognised and dignified business and professional publications,
provided it is factual, and relates only to engineering; it is free from, ostentation, and contains no laudatory
expressions or implications; and it is not misleading with respect to the members extent to participation in
the services or projects described;
(b) prepare for the lay or technical press articles which are factual, dignified and free from
ostentation or laudatory expressions or implications, without implying anything other than direct
participation in the work described, unless credit is given to others for their share of the work;
(c) give permission for his name to be used in commercial advertisements, such as may be published
by manufactures, contractors, material suppliers etc, only by means of a modest and dignified notation,
acknowledging the extent of his participation in the project or product described:
Provided that such permission shall not include public endorsement or proprietary products;
(d) advertise for recruitment of personnel in appropriate publications or by special distribution,
provided that the information presented is displayed in a dignified manner, restricted to firm name, address,
telephone number, appropriate symbol, names of principal participation, the fields of practice in which the
firm is qualified and factual descriptions of positions available, qualifications required and benefits
available.
17. A member shall-

(a) not enter into competitions for designs for the purpose of obtaining commissions for specific
projects, unless provision is made for reasonable compensation to be paid for all designs submitted;
(b) not maliciously or falsely, directly or indirectly, injure the professional reputation, prospects,
practice or employment of another engineer, nor shall he indiscriminately criticise the work of another
engineer;
(c) not undertake or agree to perform any engineering service free of charge, except for professional
services which are advisory in nature for civic, charitable, religious or nonprofit making organisations; and
when serving a member of such organisations, a member shall be entitled to utilise his personal engineering
knowledge in the service of those organisations;
(d) not use equipment, supplies, laboratory or office facilities of his employers to carry on outside
practice without his employers' consent;
(e) not, in the case of taxfree or taxaided facilities, use student services, at less than the normal rates
applicable to other employees of comparable competence, including fringe benefits;
(f) not knowingly associate with or permit the use of his name or firm names in business ventures by
any person or firm which he knows, or has reason to believe, are engaged in business or professional
practices of a fraudulent or dishonest nature;
(g) not use his association with nonengineers, corporations or partnerships as Ôcloaks' for unethical
acts.
18. (1) A member shall continue his professional development throughout his career, and shall provide
opportunities for the professional development of other engineers placed under his supervision.
(2) In particular. a member shall-

(a) encourage his engineering employees to further their education;
(b) encourage his engineering employees to become registered as members of the Institution at the
earliest possible date;
(c) encourage his engineering employees to attend and present papers, at professional and technical
society meetings;
(d) support the professional and technical societies of his discipline;
(e) give proper credit for engineering work to those to whom such credit is due, and recognise the
proprietary interests of others and whenever possible, he shall name the person or persons responsible for
any designs, inventions, writings or other accomplishments;
(f) endeavour to extend the public knowledge of engineering and not participate in the
dissemination of untrue, unfair or exaggerated statements regarding engineering;
(g) uphold the principle of appropriate and adequate compensation for those engaged in engineering;
(h) assign to professional engineers duties of a nature which will, so far as is possible, utilise their
full training and experience, and delegate lesser functions to subprofessionals or to technicians;
(l) provide prospective engineering employees with complete information concerning other
working conditions and their proposed status of employment, and keep them duly informed of any changes,
in such status after their employment.
19. A practising engineer shall be required to take up appropriate insurance (professional indemnity) in
order to protect the client in the event of performance failure.
THIRD SCHEDULE
(Regulation 9 (2))
SCALE OF FEES FOR PROFESSIONAL SERVICE:

FOR DESIGN AND SUPERVISION CONSIDERATION
OF WORKS
A. PAYMENT FOR NORMAL SERVICES
For definition of "Normal Services" refer to appropriate Clauses in the Approved

Conditions of Engagement as approved from time to time by the Minister.
Fees for design Fees for Fees for design

Cost of Works only Supervision only and Supervision
K % % %
On the first 3,000,000.00 9.00 4.00 11.00
9.00
On the next 3,000,000.00 7.50 3.75
8.00
On the next 4,000,000.00 6.50 3.50 7.00
On the next 6,000,000.00 5.50 3.00 6.50
On the remainder 5.00 2.75
NOTES:
1. When functions are combined, the percentage fee payable is shown in the fourth
column.
2. Reimbursable-travel and accommodation, plan printing, telephone, telexes, etc., may
be charged extra at cost.
3. Additional fees of three and a half per cent of the cost of reinforced concrete portion of
the works shall be payable for the preparations of reinforced concrete fixing details and bar
bending schedules on the reinforced concrete portion of the works including reinforcement,
prestressing tendors and anchorages, formwork, inserts and all labours, together with
relevant proportion of "Preliminary and General Items".
4. Design charge shall be payable even when client abandon project except where
consultant is replaced in which case expenses shall be agreed or settled with the help of
outside parties.
5. All sums due in accordance with these Regulations shall be paid within fourteen days
of the submission of accounts thereof, and any sums remaining unpaid at the expiry of such
period of fourteen days shall bear interest, thereafter such interest shall accrue from day to
day at the rate of 2 per cent per annum above the current bank overdraft rate.
6. The above Scale of Fees is to be reviewed annually.
B. PAYMENT FOR SPECIAL SERVICES
Additional service, special equipment site supervision, alterations or modification to design

when works are damaged or destroyed, termination or suspension by client or termination
by consulting engineer shall be in accordance with the conditions of engagement as
approved from time to time by the Minister after consultation with the institution.
CHAPTER 433
THE ELECTRICITY ACT
PART I
PRELIMINARY
Section
1. Short title
2. Interpretation
PART II
ELECTRICITY GENERATION, TRANSMISSION,
DISTRIBUTION
AND SUPPLY
3. With certain exceptions, undertaking to comply with law

4. Establishment of undertakings
5. Increase or decrease of rated generating capacity
5A. Purchase of power from outside Zambia
6. Duties of operator of undertaking as to supply
7. Charges for supply
8. Variations and alterations of charges
9. Contract of supply must be carried out
10. Failure to carry out contract of supply
11. Revocation of licences
12. Maintenance of undertakings
13. Supply within area of local authority
PART III
ACQUISITION OF LAND AND RIGHTS OVER LAND
14. Acquisition of land for electricity purposes

15. Wayleaves over Land
16. Rights of entry
17. Trees and buildings interfering with transmission lines
18. Obstruction of lines by buildings, etc.
19. Breaking up of streets
20. Compensation for damage in the exercise of powers
PART IV
OFFENCES AND PENALTIES
Section
21. Interference with supplies and apparatus
22. False information
23. Contraventions of Act
24. Penalties
PART V
GENERAL
25. Entry and inspection

26. Operator's powers of entry and inspection
27. Information and records
28. Notice of accidents
29. Serving of notice
30. Regulations
31. Repeal of Cap. 811
CHAPTER 433
ELECTRICITY Act No.

15 of 1995
21 of 2003
An Act to regulate the generation, transmission, distribution and supply

of electricity; and to provide for matters connected with or incidental to
the foregoing.
[28th April, 1995]
PART I
PRELIMINARY
1. This Act may be cited as the Electricity (Amendment) Act, 2003, Short title
and shall be read as one with the Electricity Ac, in this Act referred to as
the principal Act. Cap. 43
"Board" means the Energy Regulation Board established by the Energy Cap. 436
Regulation Act;
"common carrier" means a transmission line or distribution line declared
as such by the Minister under this Act;
"contract of supply" means a contract between the operator of an
undertaking and any other person for the supply of electricity to that
person;
"consumer" means a person to whom electricity is supplied under a
contract of supply;
"distribution" means the transportation of electricity on high voltage,
medium voltage and low voltage systems for delivery to the final
consumers but does not include supply;
"distribution line" means any cable, overhead or underground line for
the transportation of electricity on high voltage, medium voltage and
low voltage systems and includes-
(a) any transfer, swithgear or other works necessary for, and used in
connection with, such cable, overhead or underground line; and
(b) any buildings or any part of such building as may be required to
accommodate such transformer, switchgear or other works;
"generation" means the production of electricity
"generating station" means any station for generating electricity
including any building, plant and machinery used for the purpose and all
accessories necessarily incidental thereto, together with the site thereof,
and any site intended to be used for such a station;
"interconnected system" means a number of transmission and
distribution lines which are linked together;
"land" includes any land under whatever tenure held and any easement,
servitude, right or privilege in or over land or water;
"local authority" means a council established under the Local Cap. 281
Government Act;
"owner"-
(a) in relation to State Land, means the President, Minister or other

authority who is authorised to deal with matters relating to State Land;
(b) in relation to land other than State Land, includes-
(i) the person known to be representative in Zambia of the owner of

the land;
(ii) the liquidator or receiver of a company that owns land; and
(iii) the representative recognised by law of any owner who has died
or become bankrupt, is an assignee of an estate, or is a minor or of
unsound mind or otherwise under a disability;
"rated generating capacity", in relation to installed generating plant,
means the designed maximum continuous output of the plant;
"State Land" has the meaning assigned to it in the Lands Act; Cap. 184
"street" means any road or highway or any part of a road or highway,
whether or not it has been at any time declared or rendered such by some
competent authority, and includes bridges over which a street passes and
any drift in the line of a street and all approaches, cuttings,
embankments, subways, culverts, sluits, drains, dams, kerbs, fences,
parapets, guards, grid-iron tracks, and other work or thing forming part
of, or connected with, or belonging to, such street, and includes any
sanitary lane or private street;
"supply" means the sale of electricty to consumers;
"transmission" means the transportation of electricity on an extra high voltage or high

voltage interconnected system for delivery to ditributors and final consumers but does not
include supply;
"transmission line" means any cable or overhead line for the
transmission or reticulation of electricity from one undertaking to
another or from an undertaking to a consumer, together with any
transformers, switchgear and other works necessary to, and used in
connection with, such cable or overhead line, and the buildings such part
thereof as may be required to accommodate such transformers,
switchgear and other works;
"undertaking" means any undertaking for the generation, transmission,
distribution or supply of electricity, and includes such an undertaking
that generates, transmits, distributes or supplies electricity solely or
mainly in the interests of a group of associated companies for the
purpose of the businesses of those companies, whether or not any excess
electricity is supplied to any other consumer who is not part of the
group.
PART II
ELECTRICITY GENERATION, TRANSMISSION,

DISTRIBUTION AND SUPPLY
3. (1) Subject to subsection (2) and the Energy Regulation Act, no With certain
person shall establish or carry on any undertaking unless in accordance exceptions,
Undertaking to
with this Act and the Energy Regulation Act. comply with law
Cap. 436
(2) Subsection (1) shall not apply to an undertaking the plant of which is
rated at the site where it is installed at a capacity of less than one
hundred kilowatts and which is a company of less than one hundred
kilowatts and which is used solely for the generation, transmission,
distribution or supply of electricity for an operator's own use.
4. (1) Any person who wishes to erect and establish any generating Establishment of
station works- undertakings
(a) the plant of which will be rated at the site where it is to be

installed at a capacity of one hundred or more kilowatts, for generating,
transmitting, transforming, converting or distributing electricity; or
(b) the plant of which is rated at the site where it is installed at a
capacity of less than one hundred kilowatts and which is used for the
generation, transmission, distribution or supply of electricity for the use
of any other person, whether or not it is for an operator's own use;
shall do so in accordance with regulations made under this Act, and shall
comply with any requirement of the Board for the purpose of facilitating
co-ordination with existing or future undertakings.
(2) The Minister may, by statutory instrument, declare any transmission

line to be a common carrier for the purposes of this Act.
(3) A transmission line that is declared, under subsection (2), to be a

common carrier may, subject to any regulations made under this Act and
any requirements made by the Board under subsection (1), be used for
the purposes of an undertaking on such terms and conditions as may be
agreed between the operator of the undertaking and the owner or person
in control of the line concerned or, in default of such agreement, as may
be determined by the Board with the consent of the Minister.
5. (1) If any undertaking which is part of an interconnected system Increase or

wishes to increase or decrease its related generating capacity, it shall decrease of rated
generating capacity
apply to the Board for approval and shall submit to the Board a full
report on its proposals.
(2) The Board shall after considering an application submitted under

section (1) approve or refuse tp approve the application.
(3) Where the Board refused an application under subsection (2), the
Board shall within fourteen days of making the decision notify the
applicant, in writing, stating the reasons for the refusal to approve the
application.
(4) Any person who is aggrieved by the refusal of the Board to approve
an application under subsection(1) may appeal to the Minister within
thirty days of receiving the notification.
(5) The Minister shall, within thirty days of receiving the appeal under
subsection (4), consider the appeal.
(6) In any appeal under subsection (4) the Minister may confirm or set
aside the decision of the Board and shall immediately notify the
appellant of the Minister's decision.
(7) Any person who is aggrieved by the Minister's decision under

subsection (6) may, within thirty days of receiving the notification,
appeal to the High Court.
5A. (1) Any undertaking which wishes to purchase power from Purchase of
outside Zambia shall apply to the Minister for Approval and power from
outside Zambia
shall submit to the Minister a full report on its proposals.
(2) The Minister shall, in considering any application under

subsection (1), have regard to the terms of any relevant
international agreement and to the advice of the Board.
(3) The Minister may, after considering a report submitted

under subsection (1), approve or refuse to approve the
application.
(4) Where the Minister refuses to approve an application under

subsection (3) the Minister shall within fourteen days of
making the decision notify the applicant, in writing, stating the
reasons for the refusal.
(5) Any person aggrieved by the refusal of the Minister to

approve an application under this section may appeal to the
High Court within thirty days of receiving the notification.
6. (1) Subject to the terms and conditions of a licence issued in Duties of operator
accordance with the Energy Regulation Act, every operator of an of undertaking as
to supply
undertaking shall supply electricity to every consumer who is in a Cap. 436
position to make satisfactory arrangements for payment under a contract
of supply with that operator.
(2) Where an operator of an undertaking unduly delays or refuses to

supply any applicant with electricity, the consumer may appeal to the
Board, which shall determine the conditions under which the operator
shall undertake such supply.
(3) A person who is supplied with electricity from an operator of an

undertaking shall not be entitled to a standby supply of electricity from
the operator in respect of any premises unless that person has agreed to
pay, and has given security to pay, such minimum annual sum as will
give to the operator a reasonable return on any capital expenditure and
any other standing charges which may be incurred in meeting the
maximum demand for the premises.
7. Subject to section eight, the charges made by an operator of an Charges for supply
undertaking that supplies electricity to the public shall be determined in
accordance with the licence governing the undertaking.
8. (1) Subject to other provisions of this section, an operator of an Variations and

undertaking that supplies electricity to the public may, with due regard alterations of
charges
to any or all of the following circumstances:
(a) the amount of electricity consumed;
(b) the uniformity or regularity of demand;
(c) the time when or during which the electricity is required;
(d) the expenditure of the operator of the undertaking in furnishing
supply;
(e) any other circumstances approved by the Board;
vary prices in respect of the supply of electricity to a particular
consumer either above or below the charges specified in the licence
governing the undertaking and may, from time to time, alter the charges
so varied.
(2) If an operator considers it expedient to vary or alter charges in

respect of any supply of electricity, the operator shall give notice to the
consumer of the proposal to vary or alter those charges, as the case may
be.
(3) If the consumer does not make any application under subsection (4)
within thirty days of the date of notice referred to in subsection (2), the
variation or alteration, as the case may be, shall, unless the operator of
the undertaking and the consumer otherwise agree, come into effect
thirty days after the date of that notice or from such later date as the
operator may in that notice fix.
(4) The Board shall, on an application by a consumer, review a proposal

referred to in subsection (2), taking into consideration any submissions
made by the consumer.
(4A) The Board may, if it considers it appropriate, on its own motion

review a notice by an operator of undertaking to vary or alter charges
inrespect of any supply of electricity.
(5) Any application made under subsection (4), together with any
objection of the operator to that application, shall be submitted to the
Board.
(6) Any consumer who makes an application under subsection (4), or

the operator of any undertaking who objects to such an application, may,
either by themselves or by their legal practitioner, appear before the
Board and lead evidence in support of the application or objection, as
the case may be.
(7) After considering the application referred to in subsection (4) and

any objection thereto, the Board may-
(a) confirm the proposed variation or alteration, as the case may be,
to which the application relates;
(b) order that the proposed variation or alteration, as the case may
be, to which the application relates shall not be made; or
(c) order the operator of the undertaking to make such other
variation or alteration, as the case may be, as the Board considers fit.
9. Except for causes beyond the control of the operator of an Contract of supply
undertaking, and subject to any regulations made under this Act, no must be carried out
operator shall lessen or discontinue the supply of electricity stipulated in
any contract of supply unless-
(a) the consumer has failed to pay charges lawfully due in terms of
the conditions of supply or the agreement, as the case may be; or
(b) the consumer has failed to comply with conditions of supply or
the regulations and failed to remedy the default within seven days of
receiving, from the operator of the undertaking, a notice served on the
consumer in accordance with section twenty-nine calling upon the
consumer to do so.
10. (1) If any operator of an undertaking wilfully or without reasonable Failure to carry out
cause lessens or discontinues the supply of electricity stipulated in any contract of supply
contract of supply, or if a person operates an undertaking in such a
manner as is, in the opinion of the Board, detrimental to the public
interest, the Board may, after affording the operator an opportunity to be
heard on the matter, suspend the licence and authorise any person
appointed by the Board to enter upon the undertaking and forthwith to
take all such action as that person may consider necessary for the
maintenance and continuation of the supply of electricity from the
undertaking.
(2) The person appointed under subsection (1) shall operate the
undertaking for, and on account of, and at the risk and expense of, the
operator thereof, and shall, after deducting such amount, in payment of
the reasonable costs and expenses of operating the undertaking, as the
Board may approve, render the balance of the net revenue derived from
the undertaking to such operator.
(3) Any entry made under this section shall not prejudice or affect the
security of any debenture holder or mortgage or the right of enforcing
such security.
(4) Where the Board takes action under subsection (1), the Board shall
not remove the suspension of the licence until the Board is satisfied that
the causes for which the licence was suspended have been removed.
(5) Notwithstanding the foregoing provisions of this section, if the

estate of the operator of an undertaking has been the subject of a
receiving order made under any law relating to bankruptcy, the
undertaking shall not, save with the consent of the receiver or trustee, as
the case may be, be operated for a period longer than ninety days and the
taking over of control of the undertaking under the provisions of the
section shall not deprive such receiver or trustee of the right to dispose
of the undertaking for the benefit of the creditors.
11. (1) Where the operator of an undertaking fails to remove the causes Revocation of
for which the licence authorising the undertaking was suspended within licences
Cap. 436
ninety days of the suspension, the operator shall be deemed to be in
default for the purposes of section fifteen of the Energy Regulation Act,
and the Board may, after affording the operator an opportunity to be
heard on the matter either directly or through a legal practitioner, revoke
the licence in accordance with the provisions of this Act.
(2) In the event of a licence being revoked under this section, the Board
may authorise any person appointed by the Board to enter upon the
undertaking of the person concerned and operate it in accordance with
the provisions of this Act, but no such entry shall prejudice or affect the
security of any debenture holder or mortgage or the right of enforcing
such security.
(3) Any operator who is aggrieved by the decision of the Board to

revoke its licence may within thirty days of receiving the notification
appeal to the High Court.
12. Any person who operates an undertaking the plant of which is rated Maintenance of
at the site where it is installed at a capacity of one hundred or more undertakings
kilowatts shall submit to the Board details of the plant and installation of
the undertaking in such manner and form as the Board may prescribe,
and any such undertaking shall be maintained in accordance with
regulations made under this Act, and shall comply with any requirement
of the Board for the purpose of facilitating co-ordination with existing or
future undertakings.
13. (1) A licence under the Energy Regulation Act authorising any Supply within area
person to supply electricity within the area under the jurisdiction of a of local authority
Cap. 436
local authority shall not be issued-
(a) without the consent of that authority; and

(b) in the absence of an environmental impact assessment report.
(2) In paragraph (b) of subsection (1) "environmental impact
assessment reprot" means an environment impact assessment report
issued by the Environmental Council of Zambia inaccordance with the
provisions of the Environmental Protection and Pollution control Act.
Cap.204
PART III
ACQUISITION OF LAND AND RIGHTS OVER LAND
14. (1) The President may, by order, authorise the acquisition by Acquisition of land
compulsion of so much land, including State Land, as the President may for electricity
purposes
consider necessary for any purpose associated with the generation,
transmission, distribution or supply of electricity by an operator of any
undertaking and any acquisition in terms of this section shall be
completed in accordance with such directions as the President may give
in that or any other order.
(2) Before making an order under subsection (1), the President shall be
satisfied that-
(a) the operator concerned has taken all reasonable steps to acquire
the land intended to be used on reasonable terms by agreement with the
owner of the land and has been unable to do so; and
(b) the acquisition of such land is necessary for the purposes of the
undertaking carried on by the operator concerned.
(3) The President may, under such conditions as the President may
consider necessary, including conditions requiring the reimbursement of
compensation paid under subsection (4), permit the use by the operator
of any undertaking of any land which the President has acquired under
subsection (1):
Provided that-
(a) the land shall not be used by that operator for any purpose other
than the purpose for which it was acquired under subsection (1); and
(b) the land or such part of it as the President may determine shall
revert to the use and absolute control of the President if it or any part of
it is not used for any purpose for which it was acquired under subsection
(1).
(4) Adequate compensation shall, from moneys appropriated for the
purpose by Parliament, be paid to any person who suffers loss or
damage through the exercise of the powers conferred by this section in
accordance with the provisions of the Lands Acquisition Act.
Cap. 189
(5) An application for an order under this section shall be made in the
manner prescribed, and a copy of each application shall be served on the
owner of the land and on any person lawfully occupying it if such owner
or person is, at the time of the application, resident within Zambia.
(6) If the owner of, or any person lawfully occupying, any land to be
acquired under this section is temporarily absent from Zambia at the
time when an order is made, any person authorised by the President so to
act may enter upon, take possession of, and use, such land, leaving all
questions as to the compensation to be paid for such land to be settled
afterwards in accordance with subsection (4).
(7) Where any rights over land have been acquired by the operator of an
undertaking, whether by agreement or under this Part, then,
notwithstanding the fact that those rights may not have been registered
against the title to the land to which they relate in accordance with the
written law relating to registration of title, those rights shall be binding
on the owner of such land and on the successor in title or representative
in interest.
15. (1) Notwithstanding section fourteen, the operator of an Wayleaves over

undertaking may, subject to the provisions of this section, place land
transmission line, whether above or below ground, into, out of, or
across, any land including State Land, other than land covered by
buildings.
(2) Before placing any line in position in accordance with subsection

(1), the operator shall serve on the owner of the land and any person
lawfully occupying it or, in the case of a street, on the local or other
authority concerned, notice of the intention to erect a line, together with
a description of the lines proposed to be placed:
Provided that if the owner or such person is not resident or has no

representative within Zambia, no such notice need be served.
(3) If, within twenty-eight days after the service of a notice under
subsection (2), the person to whom such notice has been given objects,
or attaches to the consent any terms or conditions to which the operator
of the undertaking objects, the operator may refer the matter to the
Minister for decision, and the Minister may make such order as may be
necessary:
Provided that any question as to an amount of compensation shall, with

any necessary modifications, be decided in accordance with subsection
(4) of section fourteen.
(4) Nothing contained in this section shall authorise or empower the

operator of an undertaking to lay down or place any transmission line
into, through, or against any building, or in any land above which a
building is erected, without the consent of the owner and lawful
occupier thereof:
Provided that any overhead line and any support, stay or strut required
for the sole purpose of supporting an overhead line may be placed on or
above any land or building with the consent of the Minister if, in the
minister' opinion, the consent of the owner or person lawfully occupying
the land, as the case may be, is being unreasonably withheld, and the
Minister shall fix the amount of compensation or of annual rental, or of
both, which shall be paid to such owner or such person by the operator.
(5) If the owner of, or person lawfully occupying, any land on or over
which any transmission line has been placed, or in the case of a street,
the local or other authority concerned, requires the position of such line
to be changed, the Minister may, by notice in writing, order the operator
to alter the position of such line, subject to such conditions as failing
agreement between the parties, may be specified by the Minister.
16. (1) When, in accordance with the provisions of this Part, the Rights of entry
operator of an undertaking has been permitted to use any land or has
placed a transmission line in position, the operator shall be entitled to
reasonable access to such land or line for the purpose of carrying on the
operations authorised by his licence on such land or maintaining,
removing, repairing or replacing such line.
(2) When the operator of any undertaking has acquired any land or
rights over land under the provisions of any written law relating to the
supply of electricity, the provisions of subsection (1) shall apply, with
necessary modifications, to access to such land, and any person entitled
to exercise them, subject to the conditions applicable to them under the
provisions of the law at the time when they were required.

17. (1) Where on any land, including State Land, trees or undergrowth Trees and
obstruct or interfere with the construction, working or maintenance of buildings
interfering with
any transmission line, the operator concerned may give to the owner or transmission lines
lawful occupier of the land upon which such trees or undergrowth are
situated not less than fourteen days' notice of intention to enter upon the
land and cut down or trim the trees or undergrowth in question and, after
expiry of such notice, may enter upon land and carry out such intention:
Provided that, after receiving notice in terms of this subsection, the

owner or lawful occupier upon whom it was served may, at his own
expense and at any time before the expiry of the notice, cut down or trim
the trees or undergrowth in question to the extent indicated by the
operator.
(2) Notwithstanding subsection (1), if immediate action is imperative to

protect any transmission line from damage by any trees or undergrowth
on any land, including State Land, the operator concerned may, without
any notice to the owner or lawful occupier, enter upon such land and
cause such trees or undergrowth to be cut down or trimmed in such
manner as may be necessary to prevent the damage.
18. (1) Except with the permission of the operator of the undertaking Obstruction of
who has control of the transmission line in question, no person shall lines by buildings,
etc.
erect any building or structure in such a position or manner as to be
likely to interfere with the supply of electricity through any transmission
line.
(2) If, after a transmission line has been constructed, any person erects
any building or structure in such a position or in such a manner as to be
likely to interfere with the supply of electricity through the transmission
line in question, the operator of the undertaking who controls such
transmission line may request the person concerned to remove or adjust
the building or structure as may be necessary, and if the person
concerned fails to comply with the request, the operator may apply to
the Minister for an order for the removal or adjustment of the building or
structure and, after due inquiry, the Minister may make such order as
may be necessary.
19. (1) Where a person who operates an undertaking has acquired the Breaking up of
right to place or replace a transmission line across, under, or along any streets
street or has so placed a transmission line in accordance with this Act or
any written law, that person may break up any street in respect of which
such rights have been acquired and may, from time to time, repair, alter,
or remove any such lines.
(2) Before exercising any power conferred by this section, the operator
of an undertaking shall give to the local authority or other authority
concerned such notice, in writing, as it may require, not exceeding
twenty-eight days, of the operator's intention to do so, except in cases of
emergency, when the operator shall give notice thereof to that authority
as soon as possible after the emergency has arisen, and shall likewise
give notice to the owner of water pipes, telephone cables, or other
installations likely to be affected by the exercise of such power.
(3) Except in cases of emergency, the powers conferred by this section

shall be exercised under the superintendency of the local or other
authority concerned and according to such specifications and such plan
showing the route approved by that authority or, if any difference arises
respecting the specification, plan or route, then as may be approved by
the Minister:
Provided that, if the authority concerned fails to exercise the powers of

superintendency herein conferred after such notice has been given, the
operator may exercise those powers without such superintendency.
(4) Whenever the operator of any undertaking carries out any work
authorised under this section, the operator shall comply with the by-laws
and regulations of the local or other authority concerned, and shall
complete that work with reasonable despatch, and shall reinstate and
make good the street opened or broken up and remove the rubbish
occasioned thereby, and shall, while the street is opened or broken up or
obstructed, cause the works to be at all times fenced and guarded and to
be lit during the night.
(5) If the operator of an undertaking fails to carry out any duty imposed
by subsection (4), the local or other authority concerned may cause any
work delayed or omitted to be executed at the expense of the operator.
(6) The operator of an undertaking shall pay to the local or other

authority concerned costs reasonably and necessarily incurred by it in
exercising any necessary superintendency under this section, or in
reinstating and making good any street opened or broken up by the
operator.

20. In the exercise of powers in relation to the execution of works Compensation for
given under this Act, an operator of an undertaking shall cause as little damage in the
exercise of powers
detriment and inconvenience and do as little damage as possible, and Cap. 41
shall make full compensation to all local and other authorities and other
persons who have sustained damage, for all damage sustained by them
by reason or consequence of the exercise of such powers and, in default
of agreement between the parties, the amount and application of such
compensation shall be determined by Arbitration in accordance with the
provisions of the Arbitration Act and for that purpose the parties shall be
deemed to be parties to a submission in which the reference is to two
arbitrators.
PART IV
21. (1) Any person who, without legal right, abstracts or causes to be Interference with
abstracted, or diverts or causes to be diverted, any electric current, or supplies and
apparatus
consumes or uses any such current, knowing the same to have been
wrongfully or unlawfully abstracted or diverted, shall be guilty of an
offence.
(2) Any person who, without legal right, cuts, injures or interferes with
any apparatus for generating, transmitting or distributing or supplying
electricity, or maliciously extinguishes or damages any lamp or other
electric apparatus provided for the convenience of the public, shall be
guilty of an offence.
22. Any person who, in giving information, making any application or False information
claim, or giving any notice for the purpose of any provision of this Act,
makes any statement that the person knows to be false in a material
particular, shall be guilty of an offence.
23. Any person who carries on an undertaking in contravention of this Contraventions of

Act, or any person who fails to carry out any order or decision of the Act
President, the Minister or the Board under this Act shall be guilty of an
offence.
24. Any person who is guilty of an offence under this Act shall be Penalties
liable in respect of each offence to a fine not exceeding one hundred
thousand penalty units, or to imprisonment for a period not exceeding
five years, or to both.
PART V
GENERAL
25. The Board or any person authorised in writing by the Board may, at Entry and
all reasonable times, enter the premises of any undertaking for the inspection
purpose of ascertaining whether the provisions of this Act or the
conditions of any licence are being complied with.
26. The operator of an undertaking and any person authorised in Operator's powers
writing by the operator may at all reasonable times enter any premises to of entry and
inspection
which electricity is or has been supplied by the operator in order to
inspect transmission lines, fittings, meters, and apparatus and for the
purpose of ascertaining the quantity of electricity consumed or, where a
supply is no longer required or such operator is authorised to cut off the
supply from such premises, for the purpose of removing any
transmission lines, fittings, meters, and apparatus belonging to such
operator and any damage caused by such entry, inspection, or removal
shall be repaired and made good by the operator.
27. The Board may, for purposes of this Act, require the operator of an Information and
undertaking to provide information relating to the activities and records
operations of the undertaking, including records, documents and
agreements relating to the purchase and sale of electricity as the Board
may require.
28. (1) The operator of an undertaking shall send to the Board notice of Notice of accidents
any accident of such a kind as to have caused, or to have been likely to
have caused, loss of life or serious personal injury which has occurred in
any part of such operator's works or transmission lines, together with
notice of any loss of life or serious personal injury occasioned by any
such accident and any such operator who fails to send such notice as
soon as possible after the occurrence of the accident has become known
to him shall be guilty of an offence.
(2) Nothing contained in subsection (1) shall absolve the operator of an

undertaking from the need to comply with the provisions of any other
written law relating to the reporting of accidents.
29. Any notice or other document required or authorised to be given Serving of notice
under this Act may be given-
(a) by delivering it to the person to whom it is directed;
(b) by leaving it at the usual or last known place of abode of that
person;
(c) by sending it in a prepaid registered letter addressed to that
person at the person's usual or last known place of abode, place of
business or postal address;
(d) in the case of a company, by delivering it to the Secretary of the
company at its registered or principal office, or by sending it in a prepaid
registered letter addressed to the secretary of the company at that office;
or
(e) where-
(i) the notice is to be given to a person in the person's capacity as the
holder of any interest in land;
and
(ii) it is not practical, after reasonable inquiry, to ascertain the
person's name or address;
by addressing the notice to the person having that interest in the
premises (specifying the premises and the interest concerned) and by
delivering it to some person on the premises, or if there is no person on
the premises to whom it can be delivered, by affixing it, or a copy of it,
to some conspicuous part of the premises.
30. (1) The Minister may, by statutory instrument, make regulations for Regulations
the better carrying out of the provisions of this Act.
(2) Without derogating from the generality of subsection (1),

regulations may provide for the following matters:
(a) the maintenance of security of supply of electricity within
Zambia;
(b) the standards with which buildings, machinery, transmission
lines, and other works of whatever description, which are required to
generate, transmit, convert, distribute or supply electricity must comply;
(c) the construction, installation, quality, alteration, operation,
control, protection and inspection and testing of works, plant,
machinery, apparatus, appliances, and equipment for or incidental to the
generation, transmission, distribution, connection, installation and use
of electricity, whether on the premises of the operator of an undertaking
or a consumer;
(d) securing the safety of the public from personal injury or damage
to property arising from the generation, transmission, conversion,
distribution, supply, or use of electricity;
(e) prescribing anything to be prescribed under this Act.
(3) Regulations made under this Act may provide that persons
offending against the regulations shall be liable to a fine not exceeding
one hundred thousand penalty units or to imprisonment for a period not
exceeding two years, or to both.
(4) In exercise of the power conferred by this section, the Minister may
provide for different regulations to apply to different undertakings or
consumers or to different classes of undertakings or consumers.
31. The Electricity Act, 1956 is hereby repealed. Repeal of Act No.
8 of 1956
ELECTRICITY
SECTION 38-THE ELECTRICITY (ACQUISITION OF

LAND) REGULATIONS Federal
Regulations by the Minister Government
Notices
119 of 1956
Government
Notices
34 of 1964
497 of 1964
1. These Regulations may be cited as the Electricity (Acquisition of Title

Land) Regulations.*
*These Regulations made under the repealed Act are continued in

operation by section fifteen of the Interpretation and General Provisions
Act (Cap. 2).
2. An application for an order of the President for the acquisition of Application for
land in accordance with the provisions of section twenty-two of the Act order for
shall be made to the Minister and shall set out- acquisition of
(a) full particulars concerning the land which the authorised land
undertaker wishes to acquire;
(b) the reasons why the acquisition of the land in question is
necessary for the purposes of the undertaking carried on by the
authorised undertaker concerned;
(c) full particulars of the steps taken by the authorised undertaker to
acquire the land by agreement with the owner; and
(d) any other particulars which the Minister may require.
(As amended by G.N. No. 34 of 1964)
SECTION 38-THE ELECTRICITY (ANNUAL Federal

RETURNS) Government
REGULATIONS Notices
Regulations by the Minister 120 of 1956
336 of 1962
Government
Notice
34 of 1964
1. These Regulations may be cited as the Electricity (Annual Returns) Title

Regulations.*

Act (Cap. 2).
"licence" means a licence issued, or deemed to have been issued, in

accordance with the provisions of the Act;
"licensee" means a person to whom a licence has been issued, or has

been deemed to have been issued, in accordance with the provisions of
the Act;
"scheduled prices" means a schedule of standard prices contained in a

licence.
3. Every local authority and licensee shall, within six months of the Submission of
close of the financial year of his undertaking, submit to the Electricity audited
Council a copy of the audited balance sheet and accounts of his accounts to
undertaking made up to the end of that financial year, together with any Electricity
report of the auditor thereon: Council
Provided that, if a local authority or a licensee cannot within such period

submit a copy of such audited balance sheet on the grounds that his
accounts have not by that time been audited, he shall within six months
of the end of such financial year submit a copy of his balance sheet and
accounts certified by the accountant or treasurer responsible for those
accounts and shall thereafter, as soon as they are available, submit
copies of such audited accounts to the Electricity Council.
4. The Electricity Council may at its discretion permit a local authority Extension of
or licensee to submit the returns required in accordance with the period
provisions of regulation 3 within a longer period than that laid down in
that regulation.
5. Every local authority, licensee and every private undertaker who has Submission of
contracted to supply electricity to any other person shall, within six returns to
months of the close of the financial year of his undertaking, submit to Electricity
the Electricity Council a return setting out the following information Council
with regard to his undertaking in respect of that financial year:
(a) the number of units generated;
(b) the number of consumers of various classes supplied;
(c) the number of units of electricity sold to each class;
(d) the prices charged;
(e) the following particulars relating to consumers who have been
supplied with electricity at prices above or below the scheduled prices in
accordance with the provisions of section twelve of the Act:
(i) the names of the consumers;
(ii) the amount of electricity supplied;
(iii) the prices charged for electricity;

(f) such other information as may be required by the Electricity
Council.
(As amended by F.G.N. No. 336 of 1962
and G.N. No. 34 of 1964)
6. Any person who contravenes or fails to comply with any provision Offences and
of these Regulations with which it is his duty to comply shall be guilty penalties
of an offence and liable to a fine not exceeding one thousand five
hundred penalty units.
SECTION 38-THE ELECTRICITY AUTHORITY Federal

(MEMBERSHIP AND PROCEEDINGS) Government
REGULATIONS Notice
Government
Notice
34 of 1964
Statutory
Instrument
157 of 1965
1. These Regulations may be cited as the Electricity Authority Title

(Membership and Proceedings) Regulations.*

Act (Cap. 2).
"authority" means the Electricity Council.

3. These Regulations shall apply to all members of the authority Application

appointed, or deemed to have been appointed, under the provisions of
the Act.
(As amended by G.N. No. 34 of 1964 and S.I. No. 157 of 1965)
4. (1) Notwithstanding the conditions of his appointment, a member of Tenure of office
the authority shall cease to be a member-
(a) on conviction under the provisions of the Act;
(b) on conviction by any court accompanied by sentence of
imprisonment without the option of a fine;
(c) on being declared bankrupt;
(d) on being absent without the approval of the chairman of the
authority from four consecutive meetings of the authority; or
(e) when, in the opinion of the Minister, he is prevented by
disability of body or mind from properly performing his functions as a
member.
(2) A member of the authority who wishes to resign his membership

shall give written intimation to the Minister of his wish to resign, and his
resignation shall become effective only upon its acceptance by the
Minister.
5. If a member of the authority has any direct interest, whether Member to

pecuniary or otherwise, in any business connected with the generation declare interest
supply, purchase or sale of electricity or electrical appliances. he shall,
at the time of his appointment as such member, disclose in writing to the
Minister the fact and nature of his interest and shall make a similar
disclosure from time to time of any acquisition of or any change in such
interest and, unless the Minister otherwise directs, shall take no part in
any deliberation or decision of the authority which relates to any such
business.
(As amended by S.I. No. 157 of 1965)
6. No meeting of the authority shall be open to the press or to the Publicity

public unless the authority shall otherwise decide in respect of any
particular meeting or part thereof.
7. The authority shall normally meet on occasions decided by its Holding of

chairman and, whenever the Minister, the chairman or not less than half meetings
of the appointed members of the authority require a meeting, the
secretary of the authority shall, on being duly instructed, summon a
meeting of the authority in such a manner that its members shall in
normal circumstances receive notification of the meeting at least
fortyeight hours before the time of the meeting.
8. (1) At every meeting of the authority, the chairman appointed by the Procedure at
Minister shall, if present at the meeting, be chairman of the meeting. If meetings
the chairman appointed by the Minister is absent from the meeting, a
member appointed by the Minister to act as chairman or, failing such
appointment by the Minister, elected by members present at the
meeting, shall act as chairman.
(2) All acts, matters or things authorised or required to be done by the

authority shall be decided by resolution of a meeting at which a quorum
is present.
(3) Every question for decision by the authority shall be decided by a

majority of votes and, subject to the provisions of regulation 5, each
member present at a meeting shall record his vote.
(4) If at any meeting of the authority the voting is equal on any matter
for decision by the authority, the chairman or member acting as such
shall have a casting vote in addition to his deliberative vote.
(5) Not less than half the members of the authority shall constitute a
quorum of any meeting of the authority.
(6) The chairman or member acting as such shall declare the result of
any decision of the authority and such declaration shall be final.
9. (1) Minutes shall be kept of the proceedings of every meeting of the Minutes of
authority. The minutes of the proceedings of a meeting of the authority meetings
shall be submitted at the next ensuing meeting and, if they are passed as
correct. shall be signed by the chairman or the member acting as such.
and the signed record of the proceedings of a meeting shall be prima
facie evidence in all courts and circumstances that the proceedings as
recorded were the proceedings of the meeting. Within fourteen days of
their being signed, the chairman of the authority shall cause two copies
of the signed minutes of each meeting to be sent to the Minister.
(2) Any member of the authority who has recorded a minority vote may
have it recorded in the minutes that he dissented from any resolution and
also, briefly, his reasons for such dissent.
(3) No motion or discussion shall be allowed on the minutes except as

to their accuracy.
SECTION 38-THE ELECTRICITY (INQUIRIES INTO Federal

ACCIDENTS) REGULATIONS Government
Regulations by the Minister Notice
109 of 1957
Government
Notices
34 of 1964
497 of 1964
Statutory
Instrument
157 of 1965
Act
13 of 1994
1. These Regulations may be cited as the Electricity (Inquiries into Title

Accidents) Regulations.*

Act (Cap. 2).
"assessor" means an assessor appointed in terms of regulation 3 (3);
"board" means a board of inquiry appointed in terms of regulation 3 (1).
3. (1) Whenever, in accordance with the provisions of section thirtyfive Appointment of

of the Act, the Minister has ordered an inquiry to be held into the boards of
circumstances of an accident of which notice has been sent to him in inquiry
terms of section thirtysix of the Act, he may appoint a board of inquiry
which he may direct to answer such specific or general questions in
relation to the accident as he may think proper in the public interest.
(2) A board shall consist of such members as the Minister may appoint
and, if it consists of more than one member, the Minister shall nominate
one of the members as the chairman of the board.
(3) To assist a board, the Minister may appoint one or more assessors
possessing special skill or knowledge relating to the questions to be
investigated by the board.
(4) If any member of a board is, or becomes, unable or unwilling to act,

or dies, the Minister may appoint another member in his place and, if
such firstmentioned member was chairman, may nominate another
member of the board as chairman.
4. A board shall sit at such times and at such places as it may fix and Sittings and
shall hold its inquiry in public except in so far as it is of the opinion that procedure
it is necessary, for any of the reasons set out in Article 18 (II) of the Cap. 1
Constitution, that any part of the evidence given before it and any
argument relating thereto should be heard in camera.
5. If the members of a board are in a any case equally divided on any Chairman to
question that arises during the proceedings of the board, the chairman of have casting
the board shall have a second or casting vote. vote
6. A board shall have power to inspect, or authorise any person to Rights of entry
inspect, any electrical installations concerned in an accident which is the and inspection
subject of its inquiry and to enter and inspect any premises of any
undertaking, including any generating station or transmission line,
where the entry and inspection thereof appears to the board to be
necessary for the purpose of its inquiry.
7. If any person at any sitting of the board wilfully insults any member Offences and
of the board or any assessor or wilfully interrupts the proceedings of the penalties
board or otherwise wilfully disturbs the peace or order of such
proceedings, he shall be guilty of an offence and liable to a fine not
exceeding one thousand five hundred penalty units or, in default of
payment, to imprisonment for a period not exceeding six months.
8. Any person who is in any way implicated or concerned in the matter Legal
under inquiry by a board shall be entitled to be represented by a legal representation
practitioner at the whole of the inquiry, and any other person who may
consider it desirable that he should be so represented may, by leave of
the board, be represented in the manner aforesaid.
9. (1) The Minister may direct what remuneration, if any, shall be paid Remuneration
to the members of a board and any assessor and may direct the payment of members
of any other expenses attendant upon the carrying out of the board's
functions.
(2) Any sums payable in terms of this regulation shall be paid out of
moneys appropriated for the purpose by Parliament.
SECTION 38-THE ELECTRICITY (INQUIRIES INTO Federal

DISPUTES PROCEDURE) REGULATIONS Government
Notice
Government
Notices
34 of 1964
497 of 1964
Statutory
Instrument
157 of 1965
Act
13 of 1994
1. These Regulations may be cited as the Electricity (Inquiries into Title

Disputes Procedure) Regulations.*

Act (Cap. 2).
"board" means a board of inquiry appointed in terms of regulation 5;
"dispute" means a difference referred to in regulation 5 (2) of the Supply

Regulations or in regulation 5 of the Wiring Regulations;
"inspector" means a person appointed in terms of regulation 5 for the

purpose of inquiring into and determining a dispute;
"Supply Regulations" means the Electricity (Supply) Regulations;
"Wiring Regulations" means the Electricity (Wiring) Regulations.
3. Whenever in accordance with the provisions of section thirty five of Conduct of

the Act the Minister directs an inquiry to be held into a dispute, such inquiry
inquiry shall be conducted in accordance with the provisions of these
Regulations.
4. An application for an inquiry shall- Application for

(a) be made to the Minister in writing by one of the parties to the inquiry
dispute; and
(b) contain full details of the dispute which has arisen.
5. (1) If, after considering an application referred to in regulation 4, the Appointment of

Minister is of opinion that the dispute should be inquired into and inspector of
determined, the Minister shall appoint- board of inquiry
(a) a person who is an electrical inspector as defined in the Supply
Regulations; or
(b) a board;
for the purpose of inquiring into and determining such dispute and the
inspector or the board shall make such order determining the dispute as
such inspector or board shall think fit.
(2) Subject to the provisions of sub-regulation (3), an order made by an

inspector or a board in terms of sub-regulation (1) shall be final and
binding on the parties to a dispute.
(3) Any party to a dispute who is dissatisfied with an order made in

terms of sub-regulation (1) may, within twentyeight days from the
making of such order, appeal to the Minister against such order and shall
state in detail the grounds of his appeal.
(4) The Minister shall consider the appeal and all relevant
circumstances relating thereto and shall make such order as he shall
think fit which shall be final and binding on the parties to a dispute.
6. (1) An inspector or the members of a board and any assessors Rights of entry
appointed to assist a board may enter premises owned or occupied by and inspection
any party to a dispute and thereon inspect and test electrical works,
installations and meters concerned in a dispute.
(2) An undertaker involved in a dispute shall-

(a) permit an inspector or the members of a board to use any testing
equipment of his undertaking for the purpose of examining or testing
any instrument or thing concerned in the dispute; and
(b) produce to an inspector or the members of a board for
examination all records, books and documents relating to a dispute.
7. (1) A board shall consist of not less than two or more than five Membership
members. The Minister shall nominate one of the members as chairman
of the board and shall fix the number of members necessary to form a
quorum at a meeting of the board.
(2) To assist a board the Minister may appoint one or more assessors
possessing special skill and knowledge relating to the matters to be
investigated by the board.
(3) If any member of a board is, or becomes, unable or unwilling to act,

or dies, the Minister may appoint another member in his place and, if
such firstmentioned member was chairman, may nominate another
member of the board as chairman.
8. A board shall sit at such times and at such places as it may fix and Sittings and
shall hold its inquiry in public except in so far as it is of the opinion that procedure
it is necessary, for any of the reasons set out in Article 18 (eleven) of the Cap. 1
Constitution, that any part of the evidence given before it and any
argument relating thereto should be heard in camera.
9. If the members of a board are in any case equally divided on any Chairman to
question that arises during the proceedings of the board, the chairman of have casting
the board shall have a second or casting vote. vote
10. If any person at any sitting of the board wilfully insults any Offences and
member of the board or any assessor or wilfully interrupts the penalties
proceedings of the board or otherwise wilfully disturbs the peace or
order of such proceedings, he shall be guilty of an offence and liable to a
fine not exceeding one thousand five hundred penalty units or, in default
of payment, to imprisonment for a period not exceeding six months.
11. Any party to a dispute which is being investigated by a board shall Legal
be entitled to be represented by a legal practitioner at the whole of the representation
inquiry, and any other person who may consider it desirable that he
should be so represented may, by leave of the board, be represented in
the aforesaid manner.
12. (1) The Minister may direct what remuneration, if any, shall be paid Remuneration
to the members of a board and any assessor and may direct the payment of members
of any other expenses attendant upon the carrying out of the board's
functions.
(2) Any sums payable in terms of this regulation shall be paid out of
moneys appropriated for the purpose by Parliament.
SECTION 38-THE ELECTRICITY (LICENSING) Federal

REGULATIONS Government
117 of 1956
Government
Notice
34 of 1964
Statutory
Instrument
157 of 1965
Act
13 of 1994
1. These Regulations may be cited as the Electricity (Licensing) Title

Regulations.*

Act (Cap. 2)
"applicant" means a person who has applied or is applying, in

accordance with the provisions of the Act, for the issue or review of a
licence, or an amended licence, or for the cession, transfer, surrender or
substitution of a licence;
"licensee" means a person to whom a licence has been issued, or has

been deemed to have been issued, in accordance with the provisions of
the Act.
3. An application for a licence in terms of section seven of the Act, an Applications for
application for the review of a licence in terms of paragraph (a), (b) or licences
(c) of subsection (1) of section nine of the Act, and an application for the
cession, transfer, surrender or substitution of a licence in terms of
subsection (2) of section nine of the Act may be made at any time and
shall be addressed to the Secretary of the Electricity Council.
4. (1) An application made in terms of section seven of the Act or of Fees and
paragraph (c) of subsection (1) of section nine of the Act or of particulars
subsection (2) of section nine of the Act shall be in Form 1 in the First required
Schedule and shall be accompanied by the appropriate fee as set out in
the Second Schedule, and by a plan of the area of supply, and by
particulars concerning the following matters where applicable:
(a) the situation and extent of the land which the applicant desires to
use as sites for generating stations;
(b) if the ownership of the site is not vested in the applicant, the
name and address of the owner;
(c) the source of the water supply and the usual quantity used or
required:
(d) full particulars of land or any rights over land which it is
proposed to acquire either by agreement or in accordance with the
provisions of the Act;
(e) full particulars regarding the type of current, frequency and
pressure to be used.
(f) full particulars of the proposed undertaking, including the
maximum quantity of electricity which will normally be generated and
the maximum installed capacity of the plant;
(g) the estimated cost of the undertaking;
(h) the point or points at which it is proposed to receive any supply
of electricity in bulk;
(i) a schedule of charges; to be made to consumers;
(j) an estimate of the number of probable consumers within the area
of supply and their estimated consumption of electricity;
(k) such further particulars and information as may be required by
the Electricity Council or the Minister.
(2) In addition to the information required under sub-regulation (1), an

applicant shall submit to the Electricity Council a draft advertisement
containing the following particulars where appropriate:
(a) the description and address of the applicant;
(b) the object of the application;
(c) the proposed area of supply;
(d) the site and capacity of the proposed generating station;
(e) any further particulars which the Electricity Council may require
to be included;
(f) a statement to the effect that plans and documents of the
applicant's proposals, together with details of the tariffs which it
proposes to charge, are available for view by the public at a suitable and
convenient place within the area of supply;
(g) a statement to the effect that any consumer or proposed
consumer within the area covered by the application may object to the
approval of the application in accordance with the provisions of
regulation 6.
(3) An applicant who wishes to include in his area of supply all or part
of the area under the jurisdiction of a local authority shall attach to his
application a consent of such local authority or a decision of the
Minister, as the case may be, given or made in terms of section nineteen
of the Act.
5. On receipt of an application made in terms of regulation 4, the Advertisement

Electricity Council shall, if satisfied that the applicant has complied of application
with the provisions of the Act and of these Regulations and that the draft
advertisement contains the necessary particulars, cause the
advertisement to be inserted at the applicant's expense in the Gazette and
in a newspaper circulating in the proposed area of supply.
6. Any objection to the grant of an application which has been made in Notice of
terms of regulation 4 shall be made in Form 2 in the First Schedule and objection to
shall be lodged with the Electricity Council within twentyone days of grant of
the appearance in the Gazette of the relevant advertisement published in application
terms of regulation 5. Any objection made against the granting of an
application shall contain the reasons for the objection and copies of any
objections so made shall be lodged with the applicant.
7. The Electricity Council shall arrange for the hearing of an Hearing of

application made in terms of regulation 4, and any objection thereto application
made in terms of regulation 6, at a suitable time and place and shall give
notice of such hearing to the applicant and to every objector not less than
ten days before the date fixed for the hearing:
Provided that, if there are more than twenty objectors to any one
application, the Electricity Council may, by advertisement in a
newspaper circulating in the area of supply covered by the application,
give notice of the hearing of the application and objections thereto, and
the appearance of such advertisement shall be regarded as the giving of
notice to every objector in terms of this regulation
8. When the Electricity Council has heard an application made in Electricity

terms of regulation 4 and any objections thereto, it shall make its Council to make
recommendations to the Minister on the application in accordance recommendations
with the provisions of the Act, and its recommendations shall include to Minister
the terms and conditions which should be described in the licence.
9. If a number of consumers or a local authority wish the Minister to Application for

review a licence in terms of paragraph (a) or (b) of subsection (1) of review of
section nine of the Act, they shall make application to the Electricity licence
Council for the issue by the Minister of an amended licence to the
licensee concerned and shall send a copy of such application to such
licensee. An application made in terms of this regulation shall be in
Form 3 in the First Schedule.
10. (1) A number of consumers seeking the review of a licence in terms Consumers to
of regulation 9 shall, at the time of making application, satisfy the represent
Electricity Council that they represent the aggregate consumption requisite
required by paragraph (a) of subsection (1) of section nine of the Act, consumption
and the Electricity Council shall not consider any such application
unless so satisfied.
(2) A licensee shall give to consumers who wish to seek the review of
his licence in terms of regulation 9 such information as may be
necessary for those consumers to satisfy the Electricity Council in
accordance with the provisions of sub-regulation (1).
11. An application made in terms of regulation 9 shall contain the Particulars

following information: required
(a) details of the amendments to the licence which the applicants
seek;
(b) the reasons for seeking the amendments;
(c) any other information which may be required by the Electricity
Council.
12. On receipt of an application made in terms of regulation 9, the Hearing of

Electricity Council shall arrange for the hearing of the application at a application
suitable time and place and shall give an opportunity to representatives
of the licensee and of any other applicant concerned to appear and to
lead evidence in accordance with the provisions of subsection (4) of
section nine of the Act.
13. Having heard the application made in terms of regulation 9, the Electricity
Electricity Council shall make its recommendations to the Minister as Council to make
to the provisions and conditions to be included in the licence. recommendations
(As amended by G.N. No. 34 of 1964) to Minister
14. If the Electricity Council proposes to recommend in terms of Notification of

paragraph (d) of subsection (1) of section nine of the Act that the licensee
Minister shall review a licence, it shall notify the licensee in writing of
the alterations in the licence which it proposes to recommend.
15. On receipt of a recommendation from the Electricity Council made Advertisement

in terms of paragraph (d) of subsection (1) of section nine of the Act, the of proposed
Minister shall insert in the Gazette and in a newspaper circulating in the changes in
licensed area an advertisement setting out the changes proposed in the licence
licence, which shall include a statement to the effect that the licensee or
any consumer or proposed consumer in the licensed area may lodge his
objection with the Minister.
16. Any objection made in terms of regulation 15 against the approval Notice of
by the Minister of a recommendation received from the Electricity objection
Council in terms of paragraph (d) of subsection (1) of section nine of the
Act shall be made in Form 2 in the First Schedule and shall be lodged
with the Minister within twentyone days of the appearance in the
Gazette of the relevant advertisement published in terms of regulation
15. Any objection made against the approval of such a recommendation
shall contain the reasons for the objections and copies of any objections
so made shall be lodged with the Electricity Council and with the
licensee.
(As amended by G.N No. 34 of 1964 and S.I. No. 157 of 1965)
17. Before making a decision on any recommendation of the Hearing

Electricity Council made in terms of paragraph (d) of subsection (1) of
section nine of the Act, the Minister shall, if so requested by any
objector or by the Electricity Council, arrange for a hearing of the
recommendation to be conducted, mutatis mutandis, in accordance with
the provisions of regulation 12
18. (1) An application made in terms of these Regulations shall be Fees

accompanied by the appropriate fees set out in the Second Schedule. If
by any reason of inquiries into the affairs of the licensee additional
expense is necessarily incurred by the Minister or the Electricity
Council as the result of an application made in terms of these
Regulations, the Minister may direct that all or part of the additional
expense so incurred shall be paid by the applicant, so, however, that in
the case of an application made in terms of paragraph (a) or (b) of
subsection (1) of section nine of the Act, no additional expenses shall be
payable by the applicant if as the result of that application an
amendment to the licence is made.
(2) The issue of a licence or of an amended licence, as the case may be,
shall be conditional upon the payment of such amounts as may be
payable by the applicant in terms of this regulation .
FIRST SCHEDULE
PRESCRIBED FORMS
FORM 1
(Regulation 4)
APPLICATION FOR THE ISSUE OF A LICENCE OR OF AN
AMENDED LICENCE
To the Secretary,
Electricity Council.
Application is hereby made under the provisions of the Electricity Act-
*for the issue of a licence
*for the issue of an amended licence
*for the cession/transfer/surrender/substitution of a licence in the following manner:
Attached hereto are the fees and statements of information and particulars as required in
terms of the Regulations.
Dated this day of
19 .
Signature of Applicant
Address
*Insert as appropriate.
FORM 2
(Regulations 6 and 16)
NOTICE OF OBJECTION TO THE ISSUE OF A LICENCE OR OF
AN
AMENDED LICENCE
To the Secretary,
*Electricity Council.
*The Permanent Secretary, Ministry of Power, Transport and Works.
Objection is hereby made to-
*the issue of a licence
*the issue of an amended licence.
*the cession/transfer/surrender/substitution of a licence in respect of the
undertaking in the
terms contained in Gazette Notice No. of
19 .
The grounds for objection are
Dated this day of

19 .
Signature of objector
Address
*Insert as appropriate.
FORM 3
(Regulation 9)
APPLICATION FOR THE REVIEW OF A LICENCE
To the Secretary,
Electricity Council.
Application is hereby made to the Minister of Power, Transport and Works under the
provisions of the Electricity Act, for the review of the licence issued to undertaking.
Attached
hereto are statements setting out details of the amendments to the licence for which
application is made, and setting out the reasons for seeking those amendements. Also
attached are the fees payable with this application in terms of the Regulations.
Dated this day of
19 .
Signature of Applicants Addresses
............................................................ ............................................................
............................................................ ............................................................
............................................................ ............................................................
SECOND SCHEDULE
(Regulation 18)
FEES TO ACCOMPANY APPLICATIONS IN CONNECTION WITH LICENCES

Fee units
With an application for the issue of a licence in accordance with the
provisions of section 7 of the Act .. .. .. .. .. .. 1500
With an application for the review of a licence in accordance with
the provisions of paragraph (a) of subsection (1) of section 9 of
the Act .. .. .. .. .. .. 300
With an application for the review of a licence in accordance with
the provisions of paragraph (b) of subsection (1) of section 9 of
the Act .. .. .. .. .. .. 600
With an application for the review of a licence in accordance with the
provisions of paragraph (c) of subsection (1) of section 9 of the Act. . .. ..
400
With an application for the cession or transfer of a licence in accor-
dance with the provisions of subsection (2) of section 9 of the Act . . .. ..
750
With an application for the substitution of a licence in accordance
with the provisions of subsection (2) of section 9 of the Act . . .. .. ..
150
With an applicaton for the surrender of a licence in accordance
with the provisions of subsection (2) of section 9 of the Act . . .. .. ..
Nil
SECTION 38-THE ELECTRICITY (NON-STANDARD Federal

CHARGES) REGULATIONS Government
312 of 1959
Government
Notice
34 of 1964
1. These Regulations may be cited as the Electricity (Non-Standard Title

Charges) Regulations.*
Act (Cap. 2).
"applicant" means a consumer referred to in subsection (4) of section

twelve of the Act, and "application" shall be construed accordingly;
"the right to appear and lead evidence" means the right to appear and
lead evidence conferred by the provisions of subsection (6) of section
twelve of the Act.
3. (1) An application shall be in writing. Particulars

required
(2) In an application the applicant shall state-

(a) the reasons for his application; and
(b) whether or not he wishes to exercise the right to appear and lead
evidence.
4. The applicant shall submit his application to the Electricity Council Submission of
forwarding at the same time a copy of his application to the licensee. application
5. (1) If the licensee wishes to object to the application, he shall lodge a Notice of
notice of his objection in writing with the Electricity Council within objection
thirty days of the receipt by him of the copy of the application
forwarding at the same time a copy of his objection to the applicant.
(2) A licensee who lodges a notice of objection referred to in

sub-regulation (1) (hereinafter called an objector) shall state in the
objection whether or not he wishes to exercise the right to appear and
lead evidence.
6. (1) The Electricity Council may require an applicant or licensee, Particulars of

whether or not he is an objector, to furnish such information which in its objection
opinion is relevant to the application and any objection thereto as it may required
consider necessary for the proper consideration of the application and
any objection thereto.
(2) The applicant and the licensee shall furnish such information as they
may be required to furnish in terms of sub-regulation (1).
(3) The Electricity Council shall furnish the objector with copies of
information obtained from the applicant and the applicant with copies of
information obtained from the objector.
7. In addition to the power to require an applicant or licensee to furnish Further

information conferred upon it by regulation 6, the Electricity Council inquiries
may institute such inquiries and obtain such other information which in
its opinion is relevant to the application and any objection thereto as it
may consider necessary for the proper consideration of the application
and any objection thereto.
8. If an applicant or an objector wishes to exercise the right to appear Right to appear

and lead evidence, the Electricity Council shall arrange a suitable time and lead
and place for that purpose and give notice to him and the other party, if evidence
any, not less than ten days before the date so arranged.
SECTION 38-THE ELECTRICITY (PRIVATE Federal

UNDERTAKINGS' CONTRACTS) REGULATIONS Government
122 of 1956
Government
Notice
34 of 1964
Act
13 of 1994
1. These Regulations may be cited as the Electricity (Private Title

Undertakings' Contracts) Regulations.*
*These Regulation made under the repealed Act are continued in

Act (Cap. 2).
2. Any person operating a private undertaking who, in accordance with Submission of

the provisions of section eighteen as read with subsection (3) of section application
thirtynine of the Act, requires the consent of the Minister before
contracting to supply electricity to any other person shall submit his
application for the Minister's consent to the Electricity Council.
3. Every application submitted to the Electricity Council in terms of Particulars

regulation 2 shall include the following information: required
(a) the type, pressure and quantity of current to be supplied to any
other person under the proposed contract;
(b) the name and address of any person to whom it is proposed to
supply electricity under the proposed contract;
(c) the price to be charged under the proposed contract;
(d) the provisions to be included in the proposed contract which
relate to the termination of the agreement;
(e) a copy of the proposed contract; and
(f) any other information which the Electricity Council may
require.
4. Having considered the application, the Electricity Council shall Recommendation

submit to the Minister full details of the application and its of Electricity
recommendation thereon. Council
5. The Minister shall thereupon notify his decision to the private Minister's
undertaker and, if the Minister gives his consent in terms of section decision
eighteen of the Act, the private undertaker shall lodge with the
Electricity Council a copy of the signed contract.
6. The terms of a contract to which consent has been given by the Variation of
Minister in terms of section eighteen of the Act shall not be varied by a contract
private undertaker without the consent of the Minister. If a private
undertaker wishes to obtain the consent of the Minister to a variation of
contract already approved by him, he shall submit an application in
accordance with the provisions of regulation 3 and thereafter the
Electricity Council and the Minister, respectively, shall deal with such
application in accordance with the provisions of regulations 4 and 5.
SECTION 38-THE ELECTRICITY (REGISTRATION Federal

OF PRIVATE UNDERTAKINGS) REGULATIONS Government
123 of 1956
1 These Regulations may be cited as the Electricity (Registration of Title

Private Undertakings) Regulations.*

Act (Cap. 2).
2. Every person who, on the 27th April, 1956, operated a private Particulars
undertaking the plant of which is rated at the site where it is installed at a required in
capacity of one hundred or more kilowatts, whether for his own use or respect of
for supply to other persons, either wholly or partly, shall before the 1st existing
October, 1956, submit to the Minister the following particulars in undertakings
respect of the plant and installation:
(a) the name and address of the owner;
(b) the place where it is operated;
(c) the rated capacity, type of prime mover and current, systems,
frequency and voltage; and
(d) any further relevant particulars required by the Minister.
3. Every person who, after the 27th April, 1956, begins to operate a Particulars
private undertaking as described in regulation 2 shall, within six months required in
after so beginning to operate it, submit to the Minister the particulars set respect of new
out in that regulation in respect of the plant and installation in question. undertakings
4. Any person who fails to comply with the provisions of these Offences and
Regulations shall be guilty of an offence and shall be liable to a fine not penalties
exceeding seven hundred and fifty penalty units.
THE ELECTRICITY (SUPPLY) REGULATIONS
[ARRANGEMENT OF REGULATIONS]
PART I
PRELIMINARY
Regulation
1. Title and commencement
2. Interpretation
PART II
ADMINISTRATION AND
GENERAL
3. Chief Electrical Inspector and electrical inspectors
4. Application
5. Procedure as to settlement of disputes
6. Declared method of supply to new consumers
7. Declared method of supply to existing consumers
8. Undertaker to provide constant supply
9. Undertaker may lessen or discontinue supply
10. Undertaker shall not permanently connect
11. Undertaker not compelled to commence supply
12. Discontinuance of supply
13. Disconnection of works in certain circumstances
14. Connection of system with earth
15. Protection of telegraphs
16. Access to undertaker's works
17. Guidance and instructions
18. Inspections and tests
19. Availability of Regulations
PART III
CONSTRUCTION OF
UNDERTAKERS' WORKS
20. Design and protection of works
21. Switchgear
22. Fuses
23. Automatic circuit-breakers
Regulation
24. Joints and connections
25. Isolating and protective devices
26. Switchboards
27. Buildings for electrical purposes
28. Outdoor substations
29. Earthing of metal-work
30. Earthing of consumer's installation
31. Earth electrodes
32. Leakage to earth
33. Arc suppression coils
34. Service lines on consumer's premises
PART IV
CABLES
35. Construction and installation of cables
36. Metallic protection for high-voltage cables
37. Identification and testing
PART V
OVERHEAD LINES
38. Application of Part V
39. Constructional requirements
40. Materials
41. Minimum heights and clearances
42. Overhead lines crossing railway tracks
43. Different voltages in proximity
44. Loading conditions and factors of safety
45. Periodic testing and inspecting
46. Warning notices
47. Unauthorised climbing
PART VI
PROTECTIVE MULTIPLE
EARTHING
Regulation
48. Description
49. Consent
50. Limitations
51. Connections at transformer
52. Use of cables
53. Use of overhead lines
54. Use of cables and overhead lines
55. Overall resistance
56. Neutral to be unbroken
57. Consumer's earthing
PART VII
STANDARDS OF
MEASUREMENT
58. Fundamental electrical units
59. Derived electrical units of energy
60. Measurement of electricity
PART VIII
FIRST SCHEDULE-Prescribed forms
SECOND SCHEDULE-Section clearances
THIRD SCHEDULE-Minimum heights of overhead lines
FOURTH SCHEDULE-Minimum heights of overhead lines crossing
railway tracks
FIFTH SCHEDULE: Part I-Fundamental units
Part II-Denominations of standards
Part III-Limits of accuracy
Part IV-Derived electrical unit of energy
SECTION 38-THE ELECTRICITY (SUPPLY)

REGULATIONS Federal
Regulations by the Minister Government
Notice
404 of 1961
Government
Notice
34 of 1964
Statutory
Instrument
157 of 1965
Act
13 of 1994
PART I
PRELIMINARY
1. These Regulations may be cited as the Electricity (Supply) Title and
Regulations* and shall be deemed to have come into operation- commencement

Act (Cap. 2).
(a) in respect of Parts I, II, IV, V, VI, VII and VIII on the 1st
December, 1961;
(b) in respect of Part III on the 1st January, 1963.
"bulk supply" means a supply of electricity to be used for the purposes

of redistribution;
"cable" means an insulated conductor or an assemblage of such

conductors enclosed within a common sheathing;
"conductor" means a bar, tube, wire or line used for conducting

electricity;
"consumer" means a person, other than an undertaker, who is supplied

or who has made application to be supplied with electricity by an
undertaker;
"consumer's installation" means the consumer's electrical wiring

together with any electricity consuming device connected with such
installation;
"dead" means at or about earth potential or zero voltage and not

connected to a live conductor or live part of a system;
"earthed" and "connected with earth" mean connected with the general
mass of earth in such manner as will ensure at all times an immediate
and efficient discharge of electricity, and cognate expressions shall be
"electric line" means a cable, overhead line or other means used or

intended to be used for the purpose of conveying, transmitting or
distributing electricity together with any casing, coating, covering, tube,
pipe or insulator enclosing, surrounding or supporting the same, or any
part thereof, or any apparatus connected therewith for the purpose of
conveying, transmitting or distributing electricity;
"electrical inspector" means a person referred to in regulation 3;
"failing load" means a load on a support which, if exceeded, will result

in the conductor not being supported in accordance with these
Regulations;
"form" means the appropriate form prescribed in the First Schedule;
"high voltage" means normal operating voltage exceeding 650 volts;
"insulated conductor" means a conductor covered with insulation

suitable for the normal operating voltage;
"insulation" means non-conducting material enclosing, surrounding, or

supporting a conductor or any part thereof;
"line conductor" means a conductor of an overhead line;
"Lines Protection Regulations" means the General Post Office (Lines Cap. 795 of the
Protection) Regulations; 1971 edition of
the laws
"live" means electrically charged;
"low voltage" means normal operating voltage exceeding 30 volts

alternating current or 50 volts direct current but not exceeding 250 volts;
"main" means an electric line through which electricity may be supplied

or is intended to be supplied by the undertaker to a service line;
"medium voltage" means normal operating voltage exceeding 250 volts

but not exceeding 650 volts;
"metal armouring" means metal wire or metal tape completely covering

a cable and manufactured as an integral part of the cable;
"metal sheathing" means a continuous and watertight metal sleeve
surrounding a cable manufactured as an integral part of the cable;
"metal-work" means any metal-work other than-
(a) a conductor and its associated live parts; or
(b) an earth conductor;
"overhead line" means a conductor erected above ground and in the

open air and includes any pole-mounted substation associated therewith;
"pole-mounted substation" means transformer equipment, high-voltage

switchgear or high-voltage apparatus mounted on a support and
associated with the operation and control of an overhead line;
"service line" means an electric line through which electricity may be

supplied or is intended to be supplied by the undertaker to a consumer
either from a main or directly from the premises of the undertaker;
"supply terminals" means the end of a service line at which the supply of
electricity is delivered from such line to the consumer;
"support" means a structure or pole for supporting an overhead line and

includes any stay or strut associated therewith;
"telegraph" or "telegraph line" means a telegraph or telegraph line as Cap. 795 of the
defined in section two of the Posts and Telegraphs Act; 1971 edition of
the laws
"undertaker" does not include a person operating a plant which is rated

at the site where it is installed at a capacity of less than one hundred
kilowatts for the generation and supply of electricity solely for his own
use or for use on his own premises;
"voltage" means the electro-motive force existing between any pair of

live conductors forming part of a common supply of electricity or
between any part of either of such conductors and earth and, in the case
of alternating current, means the virtual voltage or root-mean-square
value as determined by the square-root of the mean or average value of
the squares of the instantaneous values of the voltage during one
complete cycle;
"Wiring Regulations" means the Electricity (Wiring) Regulations.
PART II
ADMINISTRATION AND
GENERAL
3. (1) There shall be a Chief Electrical Inspector and such electrical Chief Electrical
inspectors as may be considered necessary. Inspector and
electrical
inspectors
(2) Subject to the directions of the Minister, the Chief Electrical

Inspector shall administer these Regulations.
(3) No person shall be appointed-
(a) as the Chief Electrical Inspector unless he is a Chartered

Electrical Engineer with experience in the electricity supply industry to
the satisfaction of the Minister; or
(b) as an electrical inspector unless he has had experience in the

electricity supply industry to the satisfaction of the Minister.
4. (1) Subject to the provisions of sub-regulations (2) and (3), these Application
Regulations shall apply to every undertaker.
(2) Parts III, IV and V shall not apply-

(a) to the construction, installation, quality, alteration, operation,
control, protection, inspection and testing of the parts of an undertaker's
works which are used exclusively for mining or factory purposes at a
mine or factory where such parts comply with the electrical provisions
of any written law or regulations relating to such construction,
installation, quality, alteration, operation, control, protection, inspection
and testing at a mine or factory;
(b) to the construction, installation and quality of an undertaker's
works, or any part thereof, installed or erected, or for the installation or
erection of which an agreement was entered into, before the
commencement of Part III or Parts IV and V, as the case may be, until
such works or part thereof are altered or replaced after such
commencement.
(3) Regulation 27 shall not apply to the construction of a building by an

undertaker for the accommodation, of any of his works where such
building complies with any written law or by-law relating to its
construction.
5. (1) Where an undertaker in pursuance of these Regulations declines- Procedure as to

(a) to connect a consumer's installation or any part thereof with the settlement of
undertaker's electric lines; or disputes
(b) to give or continue to give a supply of electricity; or

(c) to recommence a supply of electricity after it has been
disconnected;
the undertaker shall give notice to the consumer On Form No l stating

the reasons for so declining.
(2) Where a difference arises-

(a) between a consumer and an undertaker-
(i) with reference to a notice given in terms of sub-regulation (1) or

(2) of regulation 11; or
(ii) with reference to a consumer's installation to which the

provisions of regulation 10 apply; or
(iii) concerning the measurement of electricity; or
(iv) in the application of these Regulations generally;

or
(b) between one undertaker and another in connection with these
Regulations;
the Minister may order an inquiry to be held in terms of section thirtyfive

of the Act.
6. (1) Subject to the provisions of sub-regulation (4), before giving a Declared

supply of electricity to a consumer the undertaker shall declare in method of
writing to that consumer the standard type of current and number of supply to new
phases, the standard frequency and the standard voltage at which the consumers
undertaker proposes to deliver the electricity to the supply terminals.
(2) Subject to the provisions of sub-regulation (4), for the purposes of

sub-regulation (1)-
(a) the standard type of current and number of phases shall be
alternating current, one or three phases;
(b) the standard frequency shall be fifty cycles per second;
(c) the standard voltage shall be-
(i) 225 volts phase to neutral for a single-phase supply; or
(ii) 390 volts phase to phase for a three-phase supply.
(3) Subject to the provisions of sub-regulation (4), the standards

referred to in paragraphs (a), (b) and (c) of sub-regulation (2) shall be
constantly maintained subject to a permissible variation-
(a) of frequency, between a lower limit of 48.75 cycles per second
and an upper limit of 51.25 cycles per second
(b) of voltage-
(i) between a lower limit of 210 volts phase to neutral and an upper
limit of 240 volts phase to neutral in the case of a single-phase supply;
(ii) between a lower limit of 365 volts phase to phase and an upper
limit of 415 volts phase to phase in the case of a three-phase supply.
(4) Departures from the provisions of sub-regulation (1), (2) or (3) may
be made by an undertaker-
(a) by agreement with a consumer to whom it is intended to give an
individual supply of electricity from a distributing main to be used
solely for the purposes of that one consumer; or
(b) by agreement with each consumer in a group of consumers to
whom it is intended to give a supply of electricity from a common
distributing main for the group; or
(c) in giving a supply of electricity at high voltage in terms of a
published tariff; or
(d) in giving a special supply of electricity for purposes outside the
terms of the undertaker's published tariffs:
Provided that a departure made in terms of this sub-regulation to a

consumer shall not adversely affect any other consumer.
(5) Before giving a supply of electricity to a consumer in accordance

with the provisions of sub-regulation (4), the undertaker shall declare in
writing to that consumer the type of current and, if alternating current,
the number of phases and frequency and the voltage at which the
undertaker proposes to deliver the electricity to the supply terminals.
(6) Where a supply of electricity is given in terms of sub-regulation (4),

it shall be constantly maintained as declared in sub-regulation (5)
subject to a permissible variation-
(a) of frequency, if alternating current, not exceeding two and
one-half per centum above or below the declared frequency;
(b) of voltage, not exceeding ten per centum above or below the
declared voltage except where the special agreement for the supply
stipulates a different permissible voltage variation.
(7) Before giving a bulk supply of electricity to another undertaker for

redistribution, the supplying undertaker shall declare in writing to the
receiving undertaker the type of current and, if alternating current, the
number of phases and frequency and the voltage at which it is proposed
to deliver the electricity:
Provided that where the bulk supply is alternating current intended for
redistribution to consumers to whom the provisions of sub-regulations
(1), (2) and (3) apply-
(i) the declared frequency shall be fifty cycles per second;
(ii) such frequency shall be constantly maintained subject to the
permissible variations set out in paragraph (a) of sub-regulation (3);
(iii) any limits to voltage variation agreed between the two
undertakers shall be such as will not adversely affect any consumer in
respect of the provisions of paragraph (b) of sub-regulation (3).
(8) Except for causes beyond the control of the undertaker and subject
to the provisions of regulation 8-
(a) any permissible variation provided for in this regulation to a
declared frequency of fifty cycles per second shall be conpensatorily
adjusted to give a mean frequency of fifty cycles per second as far as
practicable in each continuous period of twenty-four hours;
(b) any permissible variation provided for in this regulation to a
declared voltage may be exceeded during control operations on the
system for a period not longer than ten consecutive minutes.
(9) Subject to the terms and conditions of a contract of supply between

an undertaker and a consumer entered into on or after the 1st December,
1961, nothing in this regulation provided shall prevent such undertaker
and consumer by agreement terminating the contract of supply made in
terms of sub-regulations (1), (2) and (3) and substituting therefor a new
contract of supply made in terms of sub-regulations (4), (5) and (6), or
vice versa, provided that no other consumer is adversely affected
thereby.
7. (1) Where an undertaker continues to give a supply of electricity to a Declared

consumer on and after the 1st December, 1961, in accordance with a method of
contract or verbal agreement to supply existing at but made before such supply to
date, the provisions of this regulation shall apply to the declared method existing
of supply. consumers
(2) The supply of electricity under an existing contract or verbal

agreement which requires the undertaker to deliver the electricity to the
supply terminals-
(a) as alternating current, one or three phases;
(b) at a frequency of fifty cycles per second;
(c) at a voltage of-
(i) 220 volts or 230 volts phase to neutral for a single-phase supply;
or
(ii) 380 volts or 400 volts phase to phase for a three-phase supply;
shall, in the absence of an agreement to the contrary, be constantly

maintained subject to the permissible variations set out in sub-regulation
(4) and shall continue to be the declared method of supply for such
period of time as is determined by sub-regulation (6).
(3) The supply of electricity under an existing contract or verbal

agreement which requires the undertaker to deliver the electricity to the
supply terminals at values differing from those set out in paragraphs (a),
(b) and (c) of sub-regulation (2) shall be constantly maintained subject
to the permissible variations set out in sub-regulation (5) and shall
continue to be the declared method of supply for such period as is
determined in the manner set out in sub-regulation (7).
(4) There shall be a permissible variation for the purposes of

sub-regulation (2)-
(a) of frequency, between a lower limit of 48.75 cycles per second
and an upper limit of 51.25 cycles per second;
(b) of voltage-
(i) between a lower limit of 210 volts phase to neutral and an upper
limit of 240 volts phase to neutral in the case of either a 220 volts or a
230 volts single-phase supply;
(ii) between a lower limit of 365 volts phase to phase and an upper
limit of 415 volts phase to phase in the case of either a 380 volts or 400
volts three-phase supply.
(5) Except where the existing contract or verbal agreement to supply

includes specific terms for permissible variations which shall prevail
during the continuation of the contract or verbal agreement, there shall
be a permissible variation for the purposes of sub-regulation (3)-
(a) of frequency, if alternating current, not exceeding two and
one-half per centum above or below the normal frequency;
(b) of low voltage or medium voltage, not exceeding six per centum
above or below the normal voltage;
(c) of high voltage, not exceeding ten per centum above or below
the normal voltage.
(6) The declared method of supply to a consumer set out in

sub-regulation (2) shall continue in force until-
(a) termination of the existing contract or verbal agreement to
supply or permanent discontinuance of supply to that consumer; or
(b) there is an agreement made between the undertaker and the
consumer to terminate the existing contract or verbal agreement to
supply and to substitute therefor a new contract of supply which shall be
subject to the provisions of regulation 6; or
(c) the 1st December, 1966;
whichever is the earliest.
(7) The declared method of supply to a consumer set out in

sub-regulation (3) shall continue in force until-
(a) termination of the existing contract or verbal agreement to
supply or permanent discontinuance of supply to that consumer; or
(b) there is an agreement made between the undertaker and the
consumer to terminate the existing contract or verbal agreement to
supply and to substitute therefor a new contract of supply which shall be
subject to the provisions of regulation 6;
whichever is the earlier.
(8) Before the date referred to in paragraph (c) of sub-regulation (6),

except where there has been a prior termination of the existing contract
or verbal agreement in terms of paragraph (a) or (b) of that
sub-regulation, the undertaker-
(a) shall serve on each consumer affected by the provisions of that
sub-regulation a notice declaring the new method of supply; or
(b) shall declare the new method by publication in a newspaper
circulating in the area affected.
(9) On and after the date referred to in paragraph (c) of sub-regulation
(6), except where there has been a prior termination of the existing
contract or verbal agreement in terms of paragraph (a) or (b) of that
sub-regulation, each consumer affected by the provisions of that
sub-regulation and of sub-regulation (8) shall be deemed to be a
consumer to whom the provisions of regulation 6 apply:
Provided that the permissible variation referred to in sub-regulation (3)

of regulation 6 shall only apply in the absence of an agreement to the
contrary.
(10) Subject to any terms of a contract of supply between the undertaker

and another undertaker existing at but made before the 1st December,
1961, the provisions of sub-regulation (7) of regulation 6 shall apply,
mutatis mutandis, to such existing contract during its continuation.
(11) The provisions of sub-regulation (8) of regulation 6 shall apply,

mutatis mutandis, to permissible variations of frequency and voltages
referred to in this regulation.
8. (1) Subject to the provisions of sub-regulation (2), from the time an Undertaker to
undertaker begins to supply electricity through a distributing main or provide
service line, he shall maintain a supply of electricity in terms of the constant supply
agreement sufficient for the use of each consumer entitled for the time
being to be supplied therefrom and that supply shall be constantly
maintained to each consumer without change-
(a) in the declared method of supply set out in regulation 6 or 7
except as provided for therein;
(b) in the relationship between the neutral conductor and earth or
between the neutral conductor and any phase conductor;
(c) in the phase rotation;
except by agreement in writing between an undertaker and a consumer

provided that no other consumer is adversely affected thereby.
(2) An undertaker shall not lessen or discontinue a supply which is

required to be constantly maintained in terms of sub-regulation (1)
except-
(a) where permitted by the provisions of section fourteen of the Act;
or
(b) where required or permitted by the provisions of these
Regulations.
9. (1) An undertaker may temporarily lessen or discontinue a supply of Undertaker may

electricity referred to in regulation 8- lessen or
(a) without prior notice to a consumer likely to be affected- discontinue
supply
(i) where such action is necessary to prevent danger to life or

damage to property; or
(ii) in an emergency, from whatsoever cause arising including any

political cause, to ensure the proper working of the undertaking or of
any other undertaking with which it is interconnected; or
(iii) by the automatic operation of a protective device installed to

disconnect a supply of electricity in fault conditions; or
(iv) by the automatic or hand operation of a device installed to

disconnect a supply of electricity in terms of the conditions or
agreement to supply; or
(b) on giving not less than twentyfour hours' notice-
(i) for the purposes of making alterations or additions to a system;

or
(ii) for normal maintenance work; or
(iii) for testing a device referred to in subparagraph (iii) or (iv) of

paragraph (a).
(2) The normal supply of electricity shall be resumed as soon as it is

safe and expedient to do so after a temporary lessening or
discontinuance referred to in sub-regulation (1).
(3) The notice required in terms of paragraph (b) of sub-regulation (1)

shall state the period during which the supply may be affected and shall-
(a) be served in accordance with the provisions of section
thirtyseven of the Act; or
(b) be published in a newspaper circulating in the area affected.
(4) In temporarily lessening or discontinuing a supply of electricity in

the circumstances set out in sub-paragraph (ii) of paragraph (a) of
sub-regulation (1), the undertaker, unless all his consumers are affected
thereby, may select which consumer or group of consumers shall have a
supply so lessened or discontinued.
10. (1) An undertaker shall not permanently connect a consumer's Undertaker

installation or part thereof with his low-voltage or medium-voltage shall not
electric lines if he or a person authorised by him is aware that the permanently
connection, if made, would cause a dangerous leakage of electricity connect
from such installation or part thereof.
(2) An undertaker shall not permanently connect a consumer's

installation or part thereof with his high-voltage electric lines unless he
or a person authorised by him is satisfied that the high-voltage portion of
the consumer's installation is of a standard of construction and safety not
less than that required for an undertaker's high-voltage works in terms of
these Regulations.
(3) Where an undertaker does not permanently connect a consumer's

installation or part thereof under the provisions of sub-regulation (1) or
(2), he shall give immediate notice to the consumer on Form No. 1
stating the reasons therefor.
11. (1) An undertaker may refuse to give or, subject to the provisions of Undertaker not
regulation 12, to continue to give a supply of electricity to a consumer's compelled to
installation or part thereof unless the undertaker or a person authorised commence
by him is reasonably satisfied that such installation or part thereof- supply
(a) complies with the Wiring Regulations; or
(b) in the case of an installation used for mining purposes, has been
subjected to an insulation resistance test and the undertaker or a person
authorised by him is satisfied with the result of such test; or
(c) had been connected with the undertaker's lines and had been
supplied with electricity before the 1st December, 1961, and-
(i) such installation had continued to function satisfactorily up to
the present time;
(ii) the installation is to be or is being continued in use only within

the limits of the maximum power for which it was originally intended;
(iii) there are no grounds for supposing that the installation will fail
to continue to function satisfactorily for a further reasonable period
without risk of danger.
(2) Where an undertaker does not give or continue to give a supply of

electricity under the provisions of sub-regulation (1), he shall give
immediate notice to the consumer on Form No. 1. stating the reasons
therefor.
12. (1) Where an undertaker in giving a supply of electricity has Discontinuance

reasonable grounds for supposing that a consumer's installation or part of supply
thereof-
(a) does not comply with the provisions of sub-regulation (1) or (2)
of regulation 10; or
(b) does not comply with the provisions of paragraph (a), (b) or (c)
of sub-regulation (1) of regulation 11; or
(c) is being operated in such a way as to endanger any person or as
to cause or as is likely to cause damage to property; or
(d) is interfering with or is likely to interfere with the efficient
supply of electricity to any other consumer;
the provisions of this regulation shall apply.
(2) Where the undertaker is satisfied that immediate action is justified

in the consumer's interests or in the public interest as a result of any of
the circumstances set out in paragraphs (a), (b), (c) and (d) of
sub-regulation (1), he may forthwith discontinue the supply of
electricity without prior notice.
(3) Where an undertaker has discontinued a supply of electricity in

terms of sub-regulation (2), he shall give immediate notice to the
consumer on Form No. 1 stating the reasons therefor.
(4) Where the undertaker is not satisfied that immediate action is
justified in terms of sub-regulation (2), he may arrange to make a
detailed inspection and test of the consumer's installation either-
(a) by verbal agreement with the consumer; or
(b) where verbal agreement is impossible, by serving written notice
on the consumer requiring the consumer to permit the undertaker or a
person authorised by him to make such inspection and test.
(5) Where the undertaker-

(a) makes the inspection and test referred to in sub-regulation (4)
and is satisfied that the provisions of paragraph (a), (b), (c) or (d) of
sub-regulation (1) apply to the consumer's installation or part thereof; or
(b) is unable to make such inspection and test because of the failure
or refusal of the consumer to permit such inspection and test;
the undertaker shall, unless he has to take immediate action in terms of

sub-regulation (2), give notice to the consumer on Form No. 1
specifying the defect or default.
(6) Where the consumer fails to remedy a defect or default within seven
days of receiving the notice referred to in sub-regulation (5), the
undertaker may discontinue the supply of electricity forthwith on giving
notice to the consumer on Form No. 1 stating the reasons for such
discontinuance.
(7) The undertaker may restrict any discontinuance in the supply of

electricity made in terms of this regulation to that portion of the
consumer's installation which the undertaker considers to be defective,
provided that the sound portion of the consumer's installation has been
segregated therefrom and is capable of operating safely.
(8) Subject to the settlement of the dispute in terms of regulation 5, an

undertaker shall not recommence a supply of electricity to a consumer's
installation or part thereof which has previously been discontinued
under the provisions of this regulation until the defect or default which
led to the discontinuance has been remedied to the undertaker's
satisfaction and in accordance with the requirements of regulation 10.
13. (1) Every section of an undertaker's works, including cables and Disconnection
overhead lines, which is in such a faulty condition as to have caused or of works in
as to be likely to cause death or injury to any person or damage to any certain
property shall, on such condition becoming known to the undertaker or circumstances
to a person authorised by him to operate the section, be disconnected
from the supply of electricity forthwith and shall not be reconnected
until the faulty condition of the section has been remedied.
(2) Every section of an undertaker's works, including cables and

overhead lines, which, because of a faulty condition, is causing
interference with the use of a telegraph line shall, on the faulty condition
becoming known to the undertaker or to a person authorised by him to
operate the section, be disconnected from the supply of electricity and
shall not be reconnected until the faulty condition of the section has
been remedied.
(3) Nothing in sub-regulation (1) or (2) provided shall prevent the

temporary reconnection of a section referred to therein to a supply of
electricity for testing purposes where such temporary reconnection can
be made without risk to life or property.
14. (1) No undertaker shall, without the consent in writing of the Connection of
Postmaster-General given in terms of regulation 11 of the Lines system with
Protection Regulations- earth. Cap. 795
(a) except in the case of a conductor used solely for earthing of the 1971
purposes, connect with earth a conductor of an electric line which is Edition of the
connected to an alternating current system: Laws
Provided that-
(i) the star or neutral point of a generator or transformer; or
(ii) one pole of a generator or transformer directly connected to a

single-phase, two-wire, low-voltage or medium-voltage electricity
supply line;
may, without such consent, be connected with earth at the point
of generation or transformation; or
(b) connect with earth a conductor of an electric line which is
connected to a direct-current system; or
(c) use the general mass of earth as part of the return of a circuit
connected to an electric line, other than the return necessary to operate
protective devices on that line.
(2) On a single-phase two-wire or three-phase four-wire distribution

system operating at low voltage or medium voltage, at least one
generator or transformer winding directly supplying that voltage shall
have one pole or its neutral point if single phase or its neutral point if
three-phase earthed:
Provided that where precautions are taken against a breakdown of

insulation, the neutral point need not be earthed on a low-voltage or
medium-voltage system used in an undertaker's works where such
system does not supply a consumer.
(3) Where a high-voltage system is designed for operating with an

earthed neutral, the neutral of the generator or transformer winding shall
be earthed at the point of generation or transformation:
Provided that where the generator or transformer feeds a remote

transformer, via a transmission line, the neutral of the generator or
transformer need not be earthed if the neutral of the remote transformer
is earthed at the point of the remote transformation.
(4) On a high-voltage system designed for operating with an insulated

neutral-
(a) provision shall be made to indicate a displaced neutral;
(b) precautions shall be taken against a breakdown of insulation.
(5) Save for operational purposes on a high-voltage system, a conductor

which is connected to earth in terms of this regulation shall be
uninterrupted by a fuse, switch, circuit breaker, link or other means
whilst any phase conductor of the system remains live.
(6) Where an electrode boiler is installed, the provisions of the Wiring

Regulations relating to the earthing of electrode boilers shall apply.
15. An undertaker shall comply with the provisions of the Lines Protection of
Protection Regulations where- telegraphs
(a) a cable laid by him crosses or is in close proximity to an
underground telegraph line; or
(b) an overhead line installed by him crosses or is in close proximity
to an overhead telegraph line.
16. Subject to the provisions of section thirty-two of the Act, an Access to

undertaker shall restrict access to his works to himself and to persons undertaker's
authorised to have access to such works. works
17. (1) For the guidance of a person authorised by the undertaker to Guidance and
operate, control or work on the undertaker's works, whether under instructions
supervision or otherwise, where high voltage may be present the
undertaker shall issue general instructions regarding the working
procedure to be followed to ensure maximum safety.
(2) The general instructions referred to in sub-regulation (1) shall,

where the person is engaged in inspections, tests, cleaning, repairs,
painting or maintenance work near live high-voltage conductors or live
high-voltage parts, require that person to observe the section clearances
set out in the Second Schedule.
18. (1) A consumer shall not be relieved of any liability or Inspections and
responsibility for inspecting, testing or maintaining in a safe condition tests
his own installation by virtue of any obligation to inspect or test placed
on an undertaker, a person authorised by him or an electrical inspector
by these Regulations.
(2) For the purposes of sub-regulation (2) of regulation 10 or

sub-regulation (1) of regulation 11, the undertaker may, in lieu of an
inspection or test by himself or by a person authorised by him, accept
from a consumer a certificate on Form No. 2 given on behalf of the
consumer by some other person whom the undertaker considers
competent to make such statement that the consumer's installation or
part thereof has been inspected and tested in a manner approved by, and
with results satisfactory to, the undertaker.
19. An undertaker shall retain a copy of these Regulations at each Availability of

office, depot or service centre attached to his undertaking. Regulations
PART III
CONSTRUCTION OF
UNDERTAKERS' WORKS
20. (1) The undertaker's works shall- Design and
(a) be sufficient in size and rating to perform their intended protection of
functions; works
(b) be designed, constructed, installed, protected where necessary

and of such quality to prevent danger;
(c) be specially designed and constructed or additionally protected
where exposed to-
(i) the weather; or
(ii) wet conditions; or
(iii) vermin; or
(iv) corrosion; or
(v) inflammable surroundings; or
(vi) dust; or
(vii) explosive atmosphere;
so as to prevent danger from such exposure.
(2) Conductors and live parts, except as otherwise provided for in Part
IV or V, shall-
(a) be fully insulated and mechanically protected where necessary
to prevent danger; or
(b) be so placed and safeguarded as to prevent danger.
(3) High-voltage conductors and high-voltage live parts, unless
completely surrounded and protected by earthed metal, shall have the
minimum section clearances set out in the Second Schedule or shall be
so guarded by a protective barrier as to prevent inadvertent touching or
dangerous approach by a person standing on any floor-level, walkway,
stairway or working platform.
21. A switch, fuseswitch, circuit-breaker or isolating link shall- Switchgear

(a) be accurately adjusted to make and maintain good contact;
(b) be provided with an operating handle which shall be insulated
from the electrical conductors;
(c) be arranged so that it cannot accidentally reclose from the open
position;
(d) be arranged to make and break all live poles of the supply
simultaneously except in the case of fuses or where an isolating link is
intended for use on a circuit not carrying load;
(e) be designed or constructed so that in breaking a live circuit an
arc is not maintained.
22. A fuse shall be designed, constructed, installed and protected in Fuses

such a manner that-
(a) it effectively interrupts the circuit current under fault or
abnormal overload conditions;
(b) the fusible portion may be readily removed or replaced without
danger.
23. An automatic circuit-breaker shall be designed, constructed, Automatic

installed and protected in such a manner that- circuit-breakers
(a) it effectively interrupts the circuit current under fault or
abnormal overload conditions;
(b) there is no danger from overheating or arcing or the scattering of
hot oil when it operates;
(c) where arranged for manual closing, the operating mechanism

provides trip-free operation.
24. An electrical joint or connection shall be designed, constructed, Joints and
installed and protected in such a manner that- connections
(a) electrical conductivity is maintained satisfactorily;
(b) its insulation, where insulation is necessary, is suitable for the
normal operating voltage;
(c) its mechanical strength is suited to its location and environment.
Isolating and
25. (1) Isolating and protective devices-
protective
(a) for disconnecting all voltages from any part of a system; devices
(b) for starting and stopping every motor;
shall be provided to prevent danger.
(2) Every part of a system shall be protected from excess current except
a control or other circuit where such protection may be undesirable or
unnecessary.
26. (1) A switchboard shall be designed, constructed, installed and Switchboards

placed in such a manner that-
(a) parts which have to be handled or adjusted are readily accessible
from the working platform;
(b) measuring instruments and indicators are observable from such
platform:
Provided that where such handling, adjustment or observation is made

from another position, such additional precautions as are necessary to
prevent danger shall be taken.
(2) A low-voltage or medium-voltage switchboard which has bare

conductors normally so exposed that they can be touched shall-
(a) be located in an area specially provided or be suitably fenced or
enclosed; or
(b) have a working platform or passageway that has-
(i) a firm and even floor;

(ii) adequate means of access free from danger;
(iii) a clear headroom of not less than 2.1336 metres;
(iv) a clear width of not less than 1.2192 metres measured from any
bare conductor or a clear width of 2.4384 metres between bare
conductors arranged in switchboards on opposite sides of the same
passageway.
27. (1) A building constructed by an undertaker for the accommodation Buildings for
of any of his works shall- electrical
(a) be substantially constructed and designed for its intended purposes
purposes;
(b) be so arranged as to prevent as far as practicable access thereto
except by a doorway or gateway;
(c) enclose such works in such a manner that they cannot readily be
interfered with from outside;
(d) be ventilated, kept dry and made vermin-proof as far as
practicable;
(e) have fixed outside each entrance a notice of durable material
inscribed with the word "DANGER" in red letters at least 3.175
centimetres in height together with a red danger-symbol all on a white
background;
(f) have fixed inside printed instructions as to the proper first-aid
treatment of persons suffering from electric shock.
(2) A building referred to in sub-regulation (1) below ground level

shall-
(a) have adequate means of access by a door or trapdoor with a
staircase or ladder securely fixed and so placed that no live part of a
system or conductor shall be within reach of a person thereon; or
(b) where a person is to be regularly employed therein and high

voltage is present, have the access referred to in paragraph (a) by door
and staircase only.
28. (1) Any part of the undertaker's works for the transformation, Outdoor
control, regulation or switching of electricity in the open air shall, substations
except as otherwise provided for in Part IV or V-
(a) be completely enclosed in a metal casing connected with earth at
all points below a height of 3.048 metres from the ground; or
(b) be mounted on the supports of an overhead line; or
(c) be enclosed by a fence not less than 1.8288 metres in height
fitted with a suitable anticlimbing device for the purpose of preventing
access not authorised by the undertaker.
(2) A notice of durable material inscribed with the word "DANGER" in

red letters at least one and a 3.175 centimetres in height together with a
red danger-symbol all on a white background shall be fixed to the metal
casing, supports or fence referred to in paragraph (a), (b) or (c) of
sub-regulation (1).
29. (1) Metal-work attached to or forming part of a metal or reinforced Earthing of

concrete support and a metal transformer case or metal switch handle metal-work
mounted thereon shall be connected with earth.
(2) Metal-work attached to or forming part of a wooden support which

is liable to become dangerous because of leakage across or failure of the
insulation shall-
(a) be connected with earth if the metal-work is within 3.048 metres
of the ground; or
(b) where the metal-work is not connected with earth and is more
than 3.048 metres above the ground, have effective secondary insulation
sufficient to withstand the voltage to earth.
(3) Notwithstanding the provisions of sub-regulation (2), where

mounted on a wooden support-
(a) a metal transformer case together with its associated metal-work
and a metal switch handle shall be connected with earth;
(b) a high-voltage switch shall have inserted in the operating rod
between the switch handle and the switch an insulator capable of
withstanding the normal operating voltage where such switch handle is
within 3.048 metres of the ground.
(4) A metal cradle or a stay-wire shall-

(a) be connected with earth; or
(b) have inserted insulation capable of withstanding the normal
operating voltage.
(5) Metal armouring or metal sheathing, except sheathing intended for

use as a concentric neutral conductor at earth potential, shall-
(a) be connected with earth;
(b) have earth continuity maintained by a separate earth conductor
across any joint-box or terminal enclosure associated with the cable;
(c) where the joint-box or enclosure referred to in paragraph (b) is of
metal, be bonded thereto.
(6) Save as is otherwise provided in these Regulations, any metal-work

associated with or forming part of the undertaker's works, unless
isolated from and not likely to come into contact with live parts or with
earthed metal-work, shall be connected with earth.
30. (1) Where an undertaker provides protective multiple earthing in Earthing of

accordance with the provisions of Part VI, he shall, before supplying a consumer's
consumer with electricity therefrom, interconnect with his own earthing installation
arrangements the main earthing conductor of the consumer's
installation.
(2) In a case other than that set out in sub-regulation (1), the undertaker
may, before supplying a consumer with electricity, permit an
interconnection between his own earthing arrangements and the main
earthing conductor of the consumer's installation, subject to such
conditions as the undertaker considers necessary.
31. An earth electrode of the undertaker shall be so installed that no Earth electrodes
voltage gradient shall be maintained at ground-level which may cause
danger to life.
32. Where metal-work is earthed, the associated earthing system shall Leakage to
be so designed, constructed and maintained that the leakage resulting earth
from contact of negligible resistance between a live conductor or live
part and any metal-work connected with earth shall be sufficient to
operate the protective device which shall be installed to make that
conductor or part dead.
33. Nothing in regulation 32 provided shall prevent the use of an Arc-suppression
arc-suppression coil inserted between the transformer or generator coils
neutral and earth in such a manner as to ensure that in the event of a live
conductor or live part coming into contact with earth or with any
metal-work connected with earth an arc between that conductor or part
and earth shall be immediately suppressed and the voltage of that
conductor or part shall be so reduced as to prevent as far as reasonably
practicable the risk of accident therefrom.
34. (1) A service line shall have a suitable fusible cut-out or Service lines on
circuit-breaker as a protective device placed as near as practicable to the consumer's
supply terminals on the consumer's premises. premises
(2) A protective device referred to in sub-regulation (1) shall-

(a) be supplied and installed by the undertaker or, in the event of
agreement between him and the consumer, by the consumer;
(b) be of adequate rupturing capacity, suitably enclosed and of
fire-resisting construction;
(c) be placed at a position to be selected by the undertaker after
consultation with the consumer;
(d) be inserted in each live conductor and not in any neutral
conductor permanently connected with earth.
(3) Where a supply of electricity is to be provided at high voltage,

provision shall be made whereby-
(a) the protective device referred to in sub-regulation (1) can be
isolated from the service line;
(b) the consumer can cut off all voltage at or after the supply
terminals without danger.
(4) Where the consumer installs an unmetered service line or service

main on his premises or where a part of the consumer's installation is to
be solely operated and controlled by the undertaker, the undertaker shall
ensure that such service line, or service main or such part of the
installation-
(a) is suitable for its intended purpose;
(b) is installed to prevent as far as practicable leakage of electricity
to adjacent metal.
(5) A line, main or part referred to in sub-regulation (4) shall be subject
to the provisions of regulations 10, 11, 12, 13 and 32 and the undertaker
shall-
(a) provide for any disconnection required thereunder;
(b) advise the consumer of any remedial measures necessary to
correct any defect, deficiency, or faulty condition which may exist.
PART IV
CABLES
35. (1) A cable shall be fully insulated for the normal operating voltage Construction
and shall be of a type and construction and shall be laid or installed in a and installation
manner suited to its particular environment and having regard to- of cables
(a) the provisions of paragraphs (a), (b) and (c) of sub-regulation (1)
of regulation 20;
(b) the normal usage of the ground in which any part of it is to be
laid;
(c) foreseeable risk of damage to the cable and danger to persons,
property and to other electrical services, water, gas, sewerage and
telegraph services, railways and constructional works at or below
ground-level.
(2) A component used with a cable shall be of a type and construction

and shall be laid or installed in a manner suited to that cable and having
regard to the provisions of-
(a) sub-regulation (1);
(b) regulation 24 where a joint or connection is necessary.
36. (1) A high-voltage cable shall be so laid or installed that it is Metallic

completely surrounded and protected by earthed metal as provided- protection for
(a) by its own metal sheathing or metal armouring; or high-voltage
cables
(b) by an extraneous metallic covering.
(2) A joint, connection or termination of a high-voltage cable shall be
surrounded and protected by earthed metal.
(3) Notwithstanding the provisions of sub-regulation (1) or (2), the

surrounding and protecting by earthed metal referred to therein may be
omitted in a power station, substation, switch-room or similar premises
designed for electrical purposes, provided that where it is omitted, the
high-voltage cable, joint, connection and termination shall-
(a) have the section clearances required in terms of sub-regulations
(3) and (4) of regulation 20; or
(b) be so guarded by a protective barrier as to prevent inadvertent
touching or dangerous approach by a person standing on a normal
floor-level, walkway, stairway or working platform.
37. (1) A neutral conductor of a cable shall, at its termination, be Identification

permanently identified so that it is readily and uniformly distinguishable and testing
from other conductors.
(2) Where two or more cables forming part of different circuits

terminate at adjacent positions, each circuit shall-
(a) be permanently labelled on its exterior or on its terminating box
or component; or
(b) have other means of identification;
so that it is readily distinguishable from other circuits.
(3) A cable shall be subjected to an insulation test after being laid or

installed before being connected to a supply of electricity but it shall not
be so connected if the connection would result in an electrical leakage
which might be a danger to persons or property.
(4) No cable shall be permanently connected to a supply of electricity

unless tests have been made-
(a) to ensure compliance with the provisions of these Regulations;
(b) to establish electrical continuity of conductors.
PART V
OVERHEAD LINES
38. The provisions of this Part shall apply to overhead lines other than- Application of
(a) an overhead crane wire or trolley wire; Part V
(b) an overhead line consisting entirely of insulated conductors

enclosed in earthed metal sheathing or earthed metal armouring;
(c) a conductor used above ground and in the open air as a fence
specially designed for the control of movement of animals;
(d) an overhead telegraph line;
(e) an overhead line and pole-mounted or other substation within a
fenced enclosure specially erected by the undertaker operating such line
and substation for the purpose of prohibiting entry not authorised by him
where such fence is not less than 1.8288 metres in height and is fitted
with a suitable anti-climbing device.
39. The constructional requirements of an overhead line shall comply Constructional

with- requirements
(a) the provisions of sub-regulation (1) of regulation 20;
(b) any specific provisions of this Part.
40. (1) Line conductors and earth conductors shall be of copper, Materials
cadmium copper, steel-cored copper, aluminium, steel-cored
aluminium, aluminium alloy, copper-clad steel, galvanised steel,
stainless steel or any compatible combination of these materials.
(2) Cradle supporting wires and stay-wires shall be of stranded

galvanised steel or be of material of not less than equivalent strength and
durability.
(3) A support shall be of wood, metal or reinforced concrete or a

combination of these materials and where wood or metal is used in the
construction of a support, such wood or metal shall be protected against
decay or corrosion as far as is reasonably practicable. The diameter of a
wooden support at a point 1.524 metres from the butt shall be not less
than 15.24 centimetres.
(4) Supports and the foundations thereof shall be constructed and

placed having regard to the characteristics of the ground in which they
are embedded and to the load which they are to carry.
(5) Insulators shall-

(a) be of durable materials;
(b) be designed to withstand the mechanical loading and electrical
stresses of normal operating conditions.
41. (1) A line conductor near a building or other permanently raised Minimum
position existing at the time of erection of the line shall- heights and
(a) if operating at low voltage or medium voltage, be insulated at all clearances
places within a distance of 2.088 metres. from any part of such building
or raised position; or
(b) if operating at high voltage, unless completely surrounded and
protected by earthed metal, shall have the section clearance or protective
barrier referred to in sub-regulation (3) of regulation 20 between it and
any part of such building or raised position.
(2) Service lines in the terminal span of a connection between an

overhead line and a building or in a span between one building and
another building shall be insulated conductors.
(3) The point of attachment of a service line shall-

(a) where connected to an overhead line, be at a support except for
vertical service connections not exceeding 3.048 metres in length;
(b) where connected to a building, be at a terminating device
securely fixed to the building.
(4) Subject to the provisions of regulations 15, 20 and 42, the height
above ground of a line conductor shall be not less than the appropriate
height set out in the Third Schedule:
Provided that the height above ground of a low-voltage or

medium-voltage insulated line conductor shall be not less than-
(i) where a service line is used in the terminal span of a connection
between an overhead line and a building or in a span between one
building and another building, 3.048 metres at any point up to and
including the point of attachment to the building where the line does not
cross over a road normally accessible to vehicular traffic;
(ii) where the line does cross over a road normally accessible to
vehicular traffic, 4.2672 metres.
(5) Subject to the provisions of regulations 15, 20 and 42, the height
above a road surface of earth conductors, stay-wires and cradles fitted
between supports shall be not less than 5.4864 metres over roads
normally accessible to vehicular traffic.
(6) The minimum height or clearance required by these Regulations

shall be maintained under any conditions of loading and temperature
likely to occur in the area concerned.
(7) A conductor, other than an earth conductor, leading to or from a

transformer or other apparatus at a pole-mounted substation shall, at all
points below a height of 3.6576 metres from the ground, be insulated
and, in the case of a high-voltage conductor, shall have earthed metal
sheathing or screening.
42. Where an overhead line crosses a permanent railway track having a Overhead lines
gauge of not less than 9.144 centimetres, the following conditions shall crossing
apply: railway tracks
(a) the height above the rail of an earth conductor, stay-wire or
cradle shall be not less than 7.0104 metres and of a line conductor shall
be not less than the appropriate height set out in the Fourth Schedule;
(b) there shall be no joints in the crossing span;
(c) a crossing shall be made at right angles or as near thereto as
practicable:
Provided that where the angle of crossing is less than 70
degrees, such crossing shall be the subject of a special agreement with
the authority responsible for the operation of the railway;
(d) the length of span at a crossing shall be as short as is reasonably
practicable;
(e) notwithstanding the provisions of sub-regulation (4) of
regulation 44, conductors used at a crossing shall be stranded and be not
less than 0.1613 square centimetres cross-sectional area copper or its
equivalent conductivity.
43. (1) Where a high-voltage overhead line crosses a low-voltage or Different

medium-voltage overhead line or where line conductors forming part of voltages in
such different systems are erected on the same supports, provision shall proximity
be made to guard against the lower voltage system being charged above
its normal voltage by the higher voltage system.
(2) Where a pilot circuit is installed and operated as part of an overhead

line system, the provisions of sub-regulation (1) shall apply and such
pilot circuit shall be installed and operated with due regard to any
dangers which may arise from its use.
44. (1) In calculating the strength of the various constituent parts, Loading
including supports, of an overhead line, the following basic design conditions and
conditions shall be assumed: factors of safety
(a) a minimum temperature of 30 degrees Fahrenheit;
(b) the wind pressure acting on the projected area of line conductors
and supports not exceeding 12.192 metres in height shall be not less than
5.4 kilograms per square metre and of those exceeding 12.192 metres
but not exceeding 36.576 metres in height shall be not less than 6.75
kilogramms per square metre. In the case of conductors, earthwires and
round, elliptical or hexagonal poles used as supports, the area on which
the pressure acts shall be taken as 60 per centum of the projected area
and in the case of lattice or composite structures as one and a half times
the projected area of the constituent parts on one side. In the design of
spans of over 121.192 metres, the assumed wind load on conductors and
earthwires may be reduced to 70 per centum of the calculated load. In
the design of conductor spans, due regard shall be given to the
possibility of injurious conductor vibration by wind effects.
(2) A support shall be designed so that the failing load under operating
conditions shall be not less than the resultant of simultaneous horizontal
and vertical loads calculated in accordance with these Regulations,
multiplied by the following factors:
(a) where the support is of metal, 2.5;
(b) where the support is of concrete, 2.5;
(c) where the support is of wood, 3.5.
(3) The load in a line conductor, earth conductor, insulator, joint or
cradle component or an associated fitting under operating conditions
shall not exceed 50 per centum of its ultimate breaking load.
(4) Notwithstanding the provisions of this regulation, the minimum

permissible size for a single line conductor shall be such as to have an
ultimate breaking load of not less than 359.55 kilogramms and shall be
not less in gauge than No. 10 British Standard Wire Gauge.
45. (1) Where a protective device is installed in terms of regulation 32 Periodic testing
to make a line conductor dead, the earthing system of the overhead line and inspecting
with which the system is associated shall be tested at at least one point
by the undertaker or by a person authorised by him-
(a) before commissioning such overhead line;
(b) thereafter at intervals of not more than six years;
and repaired if necessary.
(2) The purpose of a test made in terms of sub-regulation (1) shall be to

ensure that the leakage resulting from contact of negligible resistance
between a line conductor and any metal-work connected with earth is
sufficient to operate the protective device.
(3) An overhead line, pole-mounted substation, outdoor substation and

support shall be inspected from ground level or above by the undertaker
or by a person authorised by him-
(a) within six years after the 1st December, 1961, if erected before
that date;
(b) before commissioning, if erected on or after that date;
(c) in all cases thereafter at intervals not exceeding six years after
the date of inspection referred to in paragraph (a) or (b);
(4) A test or inspection made in terms of this regulation shall be

recorded by the person making the test or inspection and such record
shall be retained by the undertaker until the next test or inspection is
made.
46. There shall be fixed in a prominent position at every pole-mounted Warning
substation a notice of durable material inscribed with the word notices
"DANGER" in red letters at least 3.175 centimetres in height, together
with a red danger-symbol all on a white background.
47. In order to prevent as far as is reasonably practicable climbing Unauthorised

which has not been authorised by the undertaker, an anti-climbing climbing
device shall be fitted-
(a) at every support for a pole-mounted substation;
(b) at every support which has broken surfaces within 3.048 metres
of the ground.
PART VI
PROTECTIVE MULTIPLE
EARTHING
48. On any part of his system where an undertaker is satisfied that Description
more than one connection with earth of a pole or neutral point referred to
in sub-regulation (2) of regulation 14 is necessary in order to improve
the general factor of safety in relation to earthing of metal-work, the
method of providing any additional connections shall-
(a) be in accordance with the provisions of this Part;
(b) be known as protective multiple earthing or P.M.E.
49. Before providing protective multiple earthing, an undertaker shall Consent Cap.
obtain the consent in writing of the Postmaster-General in terms of 795 of the 1971
regulation 11 of the Lines Protection Regulations. edition
50. Protective multiple earthing shall- Limitations

(a) only be applied to mains and associated service lines operating at
low voltage or medium voltage;
(b) when so applied, extend to every such main and line of a group
supplied with electricity from a common transformer at the said voltage:
Provided that no such main, line or group shall be directly
interconnected in a permanent manner with any other main, service line
or group supplied with electricity from any part of another system not
similarly earthed.
51. A transformer which is to supply the low voltage or medium Connections at

voltage to a main or service line provided with protective multiple transformer
earthing shall be so arranged that-
(a) an earthing connection is taken from the metal core or
metal-work closely associated with the higher voltage winding to an
earth electrode;
(b) another earthing connection is taken from the neutral point on
the low-voltage or medium-voltage winding to the same earth electrode
or to another earth electrode with its own resistance area.
52. (1) Where a cable is used in a main or service line provided with Use of cables
protective multiple earthing and is laid underground, such cable shall-
(a) have a neutral conductor of the same material as, and be of a
cross-sectional area not less than, any phase conductor;
(b) have metal sheathing or metal armouring.
(2) The metal sheathing or metal armouring or, if the cable has both
metal sheathing and metal armouring, the metal sheathing and the metal
armouring and the neutral conductor referred to in sub-regulation (1)
shall be bonded together and also bonded to-
(a) the earthing connection referred to in paragraph (b) of regulation
51 at the transformer position;
(b) an earth electrode installed-
(i) by the undertaker at points at or near the end of each distributing

main or service line; or
(ii) by the consumer at or on his premises by arrangement with and

to the satisfaction of the undertaker; or
(iii) by the undertaker and the consumer in accordance with the

provisions of sub-paragraphs (i) and (ii).
53. (1) Where an overhead line is used in a distributing main or service Use of overhead
line provided with protective multiple earthing, such line shall- lines
(a) have a neutral conductor of the same material as, and of a
cross-sectional area not less than, any phase conductor; or
(b) have two neutral conductors of the same material as, and each of
a cross-sectional area not less than one-half, that of any phase
conductor.
(2) The neutral conductor or the two neutral conductors referred to in

paragraph (a) or (b) of sub-regulation (1) shall be bonded to-
51 at the transformer position;
(b) earth electrodes installed-
(i) by the undertaker at regular intervals as far as practicable along

the route of the line, at branching points and at the final pole of each
main or service line remote from the supply transformer; or
(ii) by the consumer at or on his premises by arrangement with and

to the satisfaction of the undertaker; or
(iii) by the undertaker and the consumer in accordance with the

provisions of sub-paragraphs (i) and (ii).
54. (1) Where an underground cable and an overhead line are used in Use of cables
association with each other in a main or service line provided with and overhead
protective multiple earthing, the provisions of regulations 52 and 53 lines
shall apply respectively to such cable and line except that the bonding to
the earth connection at the transformer position referred to in paragraph
(a) of sub-regulation (2) of regulations 52 and 53 may be omitted in the
case of-
(a) an underground cable which starts at a position remote from the
transformer if such cable is fed from an overhead line; or
(b) an overhead line which starts at a position remote from the
transformer if such line is fed from an underground cable:
Provided that the overhead line referred to in paragraph (a) or the

underground cable referred to in paragraph (b) has such bonding to the
earth connection at the transformer position.
(2) At every point where an underground cable and an overhead line
referred to in sub-regulation (1) are connected with each other, each
neutral conductor of the said cable and line and the metal sheathing or
metal armouring of the cable shall be bonded together.
55. The provisions of regulation 51, 52, 53 or 54 shall not have been Overall
complied with until it has been established that the overall resistance to resistance
earth of a neutral conductor-
(a) is such that the fuse, circuit-breaker or other protective device on
the high-voltage side of the transformer will operate safely in the event
of a breakdown between the transformer windings;
(b) does not exceed ten ohms;
(c) is such that the provisions of regulation 32 relating to electrical
leakage or of regulation 33 relating to arc-suppression coils where
applicable can be complied with efficiently.
56. No fuse, switch, circuit-breaker, link or other means for Neutral to be

interrupting continuity, other than a bolted link, shall be inserted in a unbroken
neutral or earth conductor used for protective multiple earthing
purposes.
57. In complying with the provisions of sub-regulation (1) of Consumer's

regulation 30 and subject to the provisions of regulation 18, the earthing
undertaker shall first satisfy himself in regard to the consumer's
installation that-
(a) metal-work enclosing, supporting, or in proximity to or likely to
come into contact with the electrical wiring is bonded together by one or
more earth-continuity conductors;
(b) the overall resistance to earth of the consumer's earthing system
and the associated earthing system is such that the provisions of
regulation 32 relating to earth leakage can be complied with efficiently;
(c) the provisions of regulation 56 have been complied with on the
consumer's side of the supply terminals.
PART VII
STANDARDS OF
MEASUREMENT
58. (1) The fundamental electrical units of measurement shall be- Fundamental
(a) the ohm; electrical units
(b) the ampere;
(c) the volt;
and the value of each shall be as set out in Part I of the Fifth Schedule.
(2) Denominations of standards for the fundamental electrical units

referred to in sub-regulation (1) shall be as set out in Part II of the Fifth
Schedule.
(3) Limits of accuracy attainable in the use of standards denominated in

sub-regulation (2) shall be as set out in Part III of the Fifth Schedule.
59. The electrical unit for the measurement of electricity shall be the Derived
kilowatt-hour and the value of such unit shall be derived from the electrical units
fundamental units referred to in regulation 58 and shall be as set out in of energy
Part IV of the Fifth Schedule.
60. (1) The amount of electricity supplied by the undertaker shall, Measurement of
except where otherwise agreed between the consumer and the electricity
undertaker, be ascertained by means of an appropriate meter or meters to
be supplied by the undertaker.
(2) In addition to a meter which may be placed upon the premises of a

consumer to ascertain the amount of the supply, the undertaker may
place upon those premises such meter or other apparatus as he may
desire for the purpose of ascertaining or regulating the amount of
electricity supplied to the consumer, the number of hours during which
the supply is taken, the maximum rate of supply taken by the consumer
or any other quantity or time connected with the supply.
(3) A meter used by an undertaker for measuring a supply to a consumer
of electricity in kilowatt-hours shall have permissible limits of error in
registration not exceeding three per centum above nor three per centum
below a true and precise registration of kilowatt-hours.
(4) If a dispute arises between a consumer and the undertaker with

reference to the measurement of electricity, the provisions of regulation
5 shall apply to such dispute.
PART VIII
61. (1) Subject to the provisions of paragraphs (a) and (b) of Offences and
sub-regulation (2) of regulation 4 and of sub-regulation (3) of that penalties
regulation, an undertaker or a person authorised by him who erects or
operates electrical works for or in connection with the generation,
transmission, distribution, connection, installation and use of electricity,
whether on the premises of the undertaker or the consumer or elsewhere,
where such works are constructed, operated, maintained, repaired,
tested or inspected otherwise than in accordance with the provisions of
these Regulations shall be guilty of an offence.
(2) Any person who is guilty of an offence in terms of sub-regulation

(1) shall be liable to a fine not exceeding three thousand penalty units or,
in default of payment, to imprisonment for a period not exceeding
twelve months.
FIRST SCHEDULE
(Regulation 2)
PRESCRIBED FORMS
FORM NO. 1
(Regulations 5, 10, 11 and 12)
THE ELECTRICITY ACT
NOTICE FROM UNDERTAKER TO CONSUMER
Notice to a consumer from an undertaker declining a supply of electricity.
From (1)
(1) Here state full name and address of undertaker

To (2)
(2) Here state full name and address of consumer

IT is hereby declared that a supply of electricity to your premises at-
(3)
(3) Here state relevant address

(a) was not permanently connected;
(b) was not commenced;
(c) was discontinued;
(d) will be discontinued;
(a), (b), (c), (d) Delete the words which are not appropriate.
(i) to the whole of;
(ii) to a part of;
(i), (ii) Delete the words which are not appropriate.
your electrical installation, in terms of section 14 of the Act, and of (e) regulations
of the Electricity (Supply) Regulations, because-
(e) Add number of regulation
(4)
(4) Here state full reasons

It is recommended that-
(5)
(5) Here state recommendations

The supply of electricity will not be connected or resumed until the defects have been
safely remedied.
(6) Signed
(6) To be signed and dated by a responsible officer
at Date ..................................
for and on behalf of
(7)
(7) Here state name of undertaker
FORM NO. 2
(Regulation 18)
THE ELECTRICITY ACT
NOTICE FROM CONSUMER TO UNDERTAKER
Notice to an undertaker from a consumer certifying the condition of the consumer's

electrical installation.
From
(Name and address of consumer)
To
(Name and address of undertaker)
I attach hereto a certificate in respect of the condition of my electrical installation .
Signed Date ...........................
(Consumer's signature)
I
(Name and address of certifier)
of
(Name and address of firm or company)
am a/an
(Occupation, trade or profession)
and I hereby declare that I am competent to make and sign this certificate and do hereby
certify as follows:
1. That the electrical installation in entirety/in part comprising
(Description of part)
at
(Address of premises)
(a) was installed by me/by ; and
(Name and address of contractor or other person)
(b) was inspected and tested by me;
fully in accordance with the recommendations contained in an edition current at the date of
this certificate of the Safety Code for the electrical wiring of premises issued by the
Standards Association of Zambia in respect of those sections of the installation falling
within the scope of the Safety Code.
2. That to the best of my knowledge and belief the said electrical installation in
entirety/in respect of the part described-
(a) complies with the Wiring Regulations;
(b) is in a fit and proper condition to operate safely if connected to the intended supply
of electricity;
(c) can be so connected without risk of a dangerous electrical leakage occurring,
Signature of Certifier
Witness
Date at on ............................................ 19...................
SECOND SCHEDULE
SECTION CLEARANCES
Minimum clearance from any point on
Normal operating voltage or about the permanent equipment
between bare line conductors where a man may be required to stand
(measured from the position of the
feet)-
To the nearest
part not at earth
To the nearest potential of an
unscreened live insulator
conductor in air supporting a
live conductor
metres metres
1. Not exceeding 15,000 volts .. 2.62128 2.4384
2. Exceeding 15,000 volts but not
exceeding 33,000 volts. . 2.7432 2.4384
exceeding 44,000 volts. . 2.92608 2.4384
exceeding 66,000 volts. . 3.048 2.4384
exceeding 88,000 volts. . 3.23088 2.4384
exceeding 110,000 volts .. 3.3528 2.4384
exceeding 132,000 volts .. 3.53568 2.4384
exceeding 165,000 volts .. 3.84048 2.4384
exceeding 220,000 volts .. 4.2672 2.4384
exceeding 275,000 volts .. 4.572 2.4384
exceeding 330,000 volts .. 5.1816 2.4384
NOTES
(a) The above provisions concern the means of access for works which are permanently
available, such as fixed ladders or platforms attached to structures. The means of access
shall also comprise the structures themselves and the tops of circuit breakers of
transformers if a man is required to stand on them to carry out work. The provisions do not
apply to portable ladders, cradles or similar equipment, the use of which is governed by the
general instructions issued by the undertaker in terms of regulation 17.
(b) Portable ladders and platforms specially designed for specific maintenance work,
and so arranged that they cannot readily be employed in any way other than that intended,
shall be considered as permanent means of access for the purpose of safety clearances.
THIRD SCHEDULE
(Regulation 41)
MINIMUM HEIGHTS OF OVERHEAD LINES

In any position
Normal operating voltage betweenOver roads normally except where
line conductors accessible to otherwise specified
vehicular trafficin these Regulations
1. Not exceeding 650 volts. . 5.4864 metres 4.8768 metres

2. Exceeding 650 volts but not
exceeding 33,000 volts . . 5.7912 metres 5.1816 metres
6. Exceeding 275,000 volts .. 7.3152 metres 7.3152 metres
FOURTH SCHEDULE
(Regulation 42)
MINIMUM HEIGHTS OF OVERHEAD LINES CROSSING RAILWAY

TRACKS
Minimum height
Normal operating voltage between line conductors above rail
1. Not exceeding 33,000 volts . . .. .. .. .. .. 7.62 metres
2. Exceeding 33,000 volts but not exceeding 88,000 volts .. .. 7.9248 metres
5. Exceeding 275,000 volts .. .. .. .. .. 9.144 metres
FIFTH SCHEDULE
PART I
FUNDAMENTAL UNITS
The fundamental electrical units are the units agreed as such at an international
conference on electrical units and standards held in London in October, 1908 (the
magnitude thereof being determined on the electromagnetic system of measurement, with
reference to the centimetre as the unit of length, the gram as the unit of mass and the second
as the unit of time), and comprising-
(a) the ohm, the unit of electrical resistance, the value thereof being one thousand
million in terms of the centimetre and the second;
(b) the ampere, the unit of electrical current, the value thereof being onetenth in terms
of the centimetre, the gram and the second;
(c) the volt, the unit of electromotive force, the value thereof being one hundred
million in terms of the centimetre, the gram and the second.
PART II
DENOMINATIONS OF STANDARDS
1. Electrical Resistance. A standard of electrical resistance denominated one ohm,
agreeing in value with the limits of accuracy specified in Part III with that of the
fundamental unit in paragraph (a) of Part I, and being the resistance between the copper
terminals of the instrument marked "Board of Trade Ohm Standard Verified 1894 and
1909" to the passage of an unvarying electrical current, when the coil of insulated wire
forming part of the instrument aforesaid is in all parts at a temperature of fourteen decimal
nine degrees centigrade.
2. Electrical Current. A standard of electrical current denominated one ampere,
agreeing in value within the limits aforesaid with that of the fundamental unit in paragraph
(b) of Part I, and being the current which is passing in and through the coils of wire forming
part of the instrument marked "Board of Trade Ampere Standard Verified 1894 and 1909"
when, on reversing the current in the fixed coils, the change in the forces acting on the
suspended coil in its sighted position is exactly balanced by the force exerted by gravity in
Teddington in the United Kingdom upon the iridioplatinum weight marked A and forming
part of the said instrument.
3. Electrical Pressure. A standard of electrical pressure denominated one volt, agreeing
in value within the limits aforesaid with that of the fundamental unit in paragraph (c) of Part
I, and being onehundredth part of the pressure which, when applied between the terminals
forming part of the instrument marked "Board of Trade Volt Standard Verified 1894 and
1909 and 1948", causes that rotation of the suspended portion of the instrument which is
exactly measured by the coincidence of the sighting wire with the image of the fiducial
mark A before and after the application of the pressure, and with that of the fiducial mark B
during the application of the pressure, these images being produced by the suspended
mirror and observed by means of the eyepiece.
4. The coils and instruments referred to herein are deposited at the National Physical
Laboratory at Teddington, Middlesex, in the United Kingdom.
PART III
LIMITS OF ACCURACY
The limits of accuracy attainable in the use of the standards denominated in Part II are-
(a) for the ohm, within onehundredth part of one per centum;
(b) for the ampere, within onetenth part of one per centum;
(c) for the volt, within onetenth part of one per centum.
PART IV
DERIVED ELECTRICAL UNIT OF ENERGY
The derivation of the kilowatthour as the lawful electrical unit for the measurement of
electricity shall be from the fundamental units described in Part I. Thus one watt (the
practical unit of power) shall be equal to the amount of energy expended per second by an
unvarying current of one ampere with a steady applied voltage of one volt. For the purpose
of expressing watts in terms of voltage and resistance, or current and resistance, the steady
voltage applied to a constant resistance shall be equal to the unvarying current in amperes
multiplied by the value of the resistance in ohms.
In an alternating-current circuit the product of the instantaneous value

of the amperes and the volts represents the instantaneous value of the
power and the algebraic mean value of the instantaneous values over
one second shall be the power in watts provided that the frequency is
fifty cycles per second. One watt-hour shall be equal to the energy
expended in one hour when the power is one watt, and a kilowatt-hour
shall be equal to one thousand watt-hours.
THE ELECTRICITY (WIRING) REGULATIONS

[ARRANGEMENT OF REGULATIONS]
PART I
PRELIMINARY
Regulation
1. Title and commencement
2. Interpretation
PART II
GENERAL
3. Administration
4. Application
5. Procedure as to settlement of disputes
6. Prior notification to undertaker
7. Accommodation to be provided
8. Meter panels and connections
9. Custody of undertaker s property
10. Disconnection in certain circumstances
11. Connection of neutral with earth
12. Protection of telegraphs
13. Guidance and instructions
14. Certificate of inspection and test
PART III
CONSTRUCTION OF
CONSUMERS' INSTALLATIONS
15. Design and mechanical protection
16. Electrical protection
17. Isolation and control position
18. Earthing of metal-work
19. Protection against earth leakage
20. Arc-suppression coils
21. Earthing of installation
22. Electrode boilers
Regulation
23. Auto-transformers
24. Capacitors
25. Substations
26. Outdoor substations
PART IV
UNDERGROUND CABLES
27. Construction and installation
29. Metallic protection for high voltage cables
30. Identification and testing
PART V
OVERHEAD LINES
31. Application of Part V
32. Constructional requirements
33. Minimum heights and insulation
34. Unmetered service lines
35. Overhead lines crossing railway tracks
36. Different voltages in proximity
37. Loading conditions and factors of safety
38. Periodic testing and inspecting
39. Danger notices
40. Unauthorised climbing of supports
PART VI
PROTECTIVE MULTIPLE
EARTHING
41. Provision of protective multiple earthing
42. Consent of Postmaster-General
43. Limitations
44. Connections at transformer
45. Use of cables
46. Use of overhead lines
Regulation
47. Use of cables and overhead lines
48. Overall resistance
49. Neutral to be unbroken
50. Separate installation
PART VII
PRIVATE GENERATION AND
SUPPLY
51. Private ownership
52. Protection of generators
53. Fire precautions
54. Plant rooms
55. Protection of batteries
56. Installation of batteries
57. Labelling
58. Interconnection
PART VIII
FIRST SCHEDULE-Minimum section clearances
SECOND SCHEDULE-Certificate of inspection and test
THIRD SCHEDULE-Minimum heights of overhead lines
FOURTH SCHEDULE-Minimum heights of overhead lines crossing
railway tracks
FIFTH SCHEDULE-Minimum requirements for protection of private
generators
SECTION 38-THE ELECTRICITY (WIRING) Federal

REGULATIONS Government
405 of 1961
Statutory
Instrument
157 of 1965
Act
13 of 1994
PART I
PRELIMINARY
1. These Regulations may be cited as the Electricity (Wiring) Title and
Regulations* and shall be deemed to have come into operation on the commencement
1st December, 1961.
* These Regulations made under the repealed Act are continued in

Act (Cap. 2).
"cable" means an insulated conductor or an assemblage of such

conductors enclosed within a common sheathing;
"conductor" means a bar, tube, wire or line used for conducting

electricity;
"consumer" means a person, other than an undertaker, who is supplied

or who has made application to be supplied with electricity by an
undertaker;
"consumer's installation" means the consumer's electrical wiring

together with any electricity consuming device connected with such
installation;
"danger notice" means a notice of durable material inscribed with the

word "DANGER" in red letters at least one and one-quarter inches in
height together with a red symbol illustrating a skull and crossbones all
on a white background;
"earthed" and "connected with earth" mean connected with the general
mass of earth in such manner as will ensure at all times an immediate
and efficient discharge of electricity, and cognate expressions shall be
"electric line" means a cable, overhead line or other means used or

intended to be used for the purpose of conveying, transmitting or
distributing electricity together with any casing, coating, covering, tube,
pipe or insulator enclosing, surrounding or supporting the same, or any
part thereof, or any apparatus connected therewith for the purpose of
conveying, transmitting or distributing electricity;
"electrical inspector" means a person referred to in regulation 3 of the

Supply Regulations;
"extra-low voltage" means normal operating voltage not exceeding 30

volts alternating current or 50 volts direct current;
"failing load" means a load on a support which, if exceeded, will result

in the conductor not being supported in accordance with these
Regulations;
"high voltage" means normal operating voltage exceeding 650 volts;
"insulated conductor" means a conductor covered with insulation

suitable for the normal operating voltage;
"insulation" means nonconducting material enclosing, surrounding, or

supporting a conductor or any part thereof;
"line conductor" means a conductor of an overhead line;
"Lines Protection Regulations" means the General Post Office (Lines Cap. 795 of the
Protection) Regulations; 1971 Edition
"low voltage" means normal operating voltage exceeding 30 volts

alternating current or 50 volts direct current but not exceeding 250 volts;
"main" means an electric line through which electricity may be supplied

or is intended to be supplied by the undertaker to a service line;
"medium voltage" means normal operating voltage exceeding 250 volts

but not exceeding 650 volts;
"metal armouring" means metal wire or metal tape completely covering

a cable and manufactured as an integral part of the cable;
"metal sheathing" means a continuous and watertight metal sleeve

surrounding a cable and manufactured as an integral part of the cable;
"metal-work" means any metal-work other than-
(a) a conductor and its associated live parts; or
(b) an earth conductor;
"overhead line" means a conductor erected above ground and in the

open air and includes any pole-mounted substation associated therewith;
"pole-mounted substation" means transformer equipment, high-voltage

switchgear or high-voltage apparatus mounted on a support and
associated with the operation and control of an overhead line;
"private owner" means a person operating a plant which is rated at the

site where it is installed at a capacity of less than one hundred kilowatts
for the generation and supply of electricity at a voltage in excess of
extra-low voltage solely for his own use or for use on his own premises;
"protective multiple earthing" means more than one connection with

earth of the pole or neutral point earthed in terms of sub-regulation (2) of
regulation 11;
" service line" means an electric line through which electricity may be
supplied or is intended to be supplied by the undertaker to a consumer
either from a main or directly from the premises of the undertaker;
"Supply Regulations" means the Electricity (Supply) Regulations;
"supply terminals" means the end of a service line at which the supply of
electricity is delivered from such line to the consumer;
"support" means a structure or pole for supporting an overhead line and

includes any stay or strut associated therewith;
"telegraph" or " telegraph line" means a telegraph or telegraph line, as Cap. 795 of the
the case may be, as defined in section two of the Posts and Telegraphs 1971 Edition
Act;
"voltage" means the electro-motive force existing between any pair of

live conductors forming part of the common supply of electricity or
between any part of either of such conductors and earth and, in the case
of alternating current, means the virtual voltage or root-mean-square
value as determined by the square-root of the mean or average value of
the squares of the instantaneous values of the voltage during one
complete cycle.
PART II
GENERAL
3. Subject to the directions of the Minister, the Chief Electrical Administration
Inspector referred to in regulation 3 of the Supply Regulations shall
administer these Regulations.
4. (1) Subject to the provisions of sub-regulations (2) and (3) and of Application
regulation 51, the provisions of these Regulations shall apply to every
consumer and every private owner.
(2) The provisions of Parts III, IV and V shall not apply to-
(a) the construction, installation, quality, alteration, operation,
control, protection, inspection and testing of the parts of a consumer's or
private owner's installation which are used exclusively for mining or
factory purposes at a mine or factory where such parts comply with the
electrical provisions of any written law or regulations relating to such
construction, installation, quality, alteration, operation, control,
protection, inspection and testing at a mine or factory;
(b) the construction, installation and quality of a consumer's or
private owner's installation, or any part thereof, installed or erected, or
for the installation or erection of which an agreement was entered into,
before the 1st December, 1961, until such installation or part thereof is
altered or replaced after that date.
(3) The provisions of regulation 25 shall not apply to the construction of

a substation by a consumer or private owner for the accommodation of a
high-voltage part of his installation where such substation complies with
any written law or by-law relating to its construction.
5. Where a difference arises between a consumer and an undertaker in Procedure as to

the application of these Regulations, the Minister may order an inquiry settlement of
to be held in terms of section thirty-five of the Act. disputes
6. (1) Before any work is commenced on a new installation or on any Prior

alteration or extension to an existing installation, the consumer or the notification to
prospective consumer, as the case may be, shall- undertaker
(a) advise the undertaker in writing with reference to-
(i) the purpose, type and extent of the proposed work;
(ii) the electrical loading of equipment for which the supply or

additional supply, as the case may be, of electricity is required;
(b) obtain from the undertaker in writing details of-
(i) the type of current, number of phases and frequency, if

alternating current, and voltage, at which the undertaker proposes to
deliver electricity to the supply terminals;
(ii) the undertaker's property which is to be accommodated in terms

of regulation 7;
(iii) the meter panel and connections required in terms of regulation

8;
(iv) any omission of the consumer's main fuse or circuit-breaker;
(v) earthing requirements;
(vi) proposed tariff arrangements.
(2) Where the work referred to in sub-regulation (1) is commenced-

(a) it shall not thereafter be changed in relation to its purpose, type,
extent and electrical loading except as may be agreed with the
undertaker;
(b) it shall be executed to suit the undertaker's stated details referred
to in paragraph (b) of sub-regulation (1).
7. (1) A consumer requiring a supply of electricity, or a consumer Accommodation

receiving a supply of electricity who requires an alteration in the terms to be provided
of his original electricity supply agreement involving a change in the
undertaker's metering arrangements, shall, unless otherwise agreed in
writing with the undertaker, provide all necessary accommodation on
his premises for such of the undertaker's property as is necessary to
provide the said supply or change in metering arrangements, as the case
may be.
(2) Accommodation referred to in sub-regulation (1) shall be located at
a position to be agreed between consumer and undertaker and be of a
type, design and size required by the undertaker.
(3) Where the accommodation referred to in sub-regulation (1) is not

inside a building, it shall be fully weatherproof and have no means of
access other than a lockable door.
(4) Where the accommodation referred to in sub-regulation (1) is

located in a substation, switchroom or similar compartment designed
solely for electrical purposes, such place shall have a lockable door and
shall not be used for purposes other than accommodating the
undertaker's property.
(5) Where a group of shops, offices, flats, tenements or workshops is to

be erected for occupation by separate tenants or a building is to be
converted for such use, and it is intended that each tenant shall have an
individually metered supply of electricity, the owner of the building
shall-
(a) provide such accommodation at one or more places as may be
required by the undertaker for his meters and other property; and
(b) ensure that each tenant has-
(i) free access to the meter registering the tenant's supply of

electricity for checking and inspecting purposes; and
(ii) a main switch and fuses or a circuit-breaker necessary for

controlling the tenant's supply of electricity situated in that part of the
building occupied by the tenant.
8. Unless otherwise agreed in writing with the undertaker, a consumer Meter panels
providing accommodation in terms of regulation 7 shall- and connections
(a) supply and fix in a manner and at a position to be agreed between
consumer and undertaker a meter panel of the size, type, design and
construction required by the undertaker;
(b) supply and fix such additional component parts as may be
required for the operation of transformer metering where such metering
is to be used;
(c) supply all necessary meter loops and line and load connections;
(d) where the service line to be used is an overhead line, supply and
fix at a position to be agreed between consumer and undertaker internal
service mains and roof shackles.
9. (1) A consumer shall take all reasonable steps necessary to ensure Custody of
the safe custody of the undertaker's property installed on the consumer's undertaker's
premises for or incidental to the supply of electricity. property
(2) Accommodation provided by a consumer under the provisions of

these Regulations for the undertaker's property shall be maintained by
the consumer in a fit and proper state.
(3) A consumer on whose premises is situate property belonging to an

undertaker for or incidental to the supply of electricity shall not, in
relation to the said property-
(a) permit access thereto to a person other than-
(i) the undertaker;
(ii) a person authorised by the undertaker;
(iii) an electrical inspector;

(b) unless permitted by the undertaker-
(i) remove or attempt to remove the property from its position;
(ii) remove or attempt to remove any lock or seal attached to the

property;
(iii) connect thereto or disconnect therefrom a consumer's

installation or other electrical circuit;
(iv) alter, adjust, handle, operate, tamper or interfere with the

property in any way.
10. (1) Any part of a consumer's installation which is in such a faulty Disconnection
condition as to have caused, or as to be likely to cause, death or injury to in certain
any person or damage to any property shall, on such condition becoming circumstances
known to the consumer or to a person authorised by him to operate the
installation-
(a) subject to the provisions of sub-regulation (2) of regulation 34,
be immediately disconnected by that consumer or person from the
supply of electricity; and
(b) subject to the provisions of sub-regulation (3), not be
reconnected until the faulty condition of the said part has been remedied.
(2) Any part of a consumer's installation which due to a faulty condition

is causing interference with the use of a telegraph line shall, on the
faulty condition becoming known to the consumer or to a person
authorised by him to operate the installation-
(a) subject to the provisions of sub-regulation (2) of regulation 34,
be disconnected by that consumer or person from the supply of
electricity; and
(b) subject to the provisions of sub-regulation (3), not be
reconnected until the faulty condition of the said part has been remedied.
(3) Any part of an installation disconnected in terms of sub-regulation

(1) or (2) may be reconnected to a supply of electricity for testing
purposes where such temporary reconnection can be made without risk
to life or property.
11. (1) No consumer shall, without the consent in writing of the Connection of
Postmaster-General in terms of regulation 11 of the Lines Protection neutral with
Regulations- earth.
(a) except in the case of a conductor used solely for earthing Cap. 795 of the
purposes, connect with earth a conductor of an electric line which is 1971 Edition
connected to an alternating current system:
Provided that-
(i) the star or neutral point of a generator or transformer; or
(ii) one pole of a generator or transformer directly connected to a

single-phase two-wire low-voltage or medium-voltage electricity
supply line;
may, without such consent, be connected with earth at the point
of generation or transformation; or
(b) connect with earth a conductor of an electric line which is
connected to a directcurrent system; or
(c) use the general mass of earth as part of the return of a circuit
connected to an electric line, other than the return necessary to operate
protective devices on that line.
(2) On a single-phase twowire or three-phase four-wire consumer's

installation operating at low voltage or medium voltage supplied from
the consumer's own generator or transformer, one generator or
transformer winding directly supplying that voltage shall have-
(a) if single-phase, one pole or its neutral point earthed;
(b) if three-phase, its neutral point earthed.
(3) Where a consumer's installation operates at a high voltage and is

designed for operating with an earthed neutral, the neutral of the
generator or transformer winding shall be earthed at the point of
generation or transformation:
Provided that where the generator or transformer feeds a remote

transformer, via a transmission line, the neutral of the generator or
transformer need not be earthed if the neutral of the remote transformer
is earthed at the point of the remote transformation.
(4) On a consumer's installation which is high voltage and designed for

operating with an insulated neutral-
(a) provision shall be made to indicate a displaced neutral;
(b) precautions shall be taken against a breakdown of insulation.
(5) Save for operational purposes on a consumer's high-voltage

installation, a conductor which is connected to earth in terms of this
regulation shall be uninterrupted by a fuse, switch, circuit-breaker, link
or other means whilst any phase conductor of the installation remains
live.
12. A consumer shall comply with the provisions of the Lines Protection of
Protection Regulations where- telegraphs
(a) a cable laid by him crosses or is in close proximity to an
underground telegraph line; or
(b) an overhead line installed by him crosses or is in close proximity
to an overhead telegraph line.
13. (1) For the guidance of a person authorised by the consumer to Guidance and
operate, control or work on or near the consumer's installation, whether instructions
under supervision or otherwise, where high voltage may be present the
consumer shall issue instructions regarding the working procedure to be
followed to ensure maximum safety.
(2) The instructions referred to in sub-regulation (1) shall, where the

person is engaged in inspection, testing, cleaning, repairs, painting or
constructional or general maintenance work in proximity to live
high-voltage conductors, require that person to observe the minimum
section clearances set out in the First Schedule.
14. A consumer who wishes to supply a certificate for the purposes of Certificate of
sub-regulation (2) of regulation 10 or sub-regulation (1) of regulation 11 inspection and
of the Supply Regulations, as read with sub-regulation (2) of regulation test
18 of those Regulations, that his installation or part thereof has been
inspected and tested shall furnish such certificate in the form set out in
the Second Schedule.
PART III
CONSTRUCTION OF
CONSUMERS' INSTALLATIONS
15. (1) The consumer's installation- Design and
(a) shall have conductors- mechanical
protection
(i) sufficient in size and power for the purposes for which the
supply of electricity is to be used;
(ii) constructed, installed and protected so as to prevent, so far as is

reasonably practicable, danger to person or property;
(b) shall not be temporarily or permanently added to unless-
(i) it has been ascertained that the current rating and condition of
the existing installation which will have to carry the additional load and
the earthing arrangements are adequate for the increased loading;
(ii) the provisions of regulation 6 have been complied with.
(2) Where the consumer's installation or any part thereof is exposed to

weather, corrosive atmosphere or other adverse conditions, the
installation or that part shall be so constructed and, additionally or
alternatively, protected as to prevent danger to person or property
arising from such exposure:
Provided that, where the conditions comprise exposure to inflammable

surroundings or an explosive atmosphere, the consumer's installation
shall be-
(i) protected by a flameproof enclosure of an appropriate standard
of construction; or
(ii) be of such construction as to prevent danger; or
(iii) have intrinsically safe characteristics as to prevent danger to
person or property.
(3) Conductors and live parts of a consumer's installation shall be-

(a) insulated and further effectively protected where necessary; or
(b) so placed and safeguarded;
as to prevent, so far as is reasonably practicable, danger to person or
property.
(4) Medium-voltage conductors and medium-voltage live parts of a

consumer's installation shall be-
(a) completely enclosed in earthed metal which is electrically
continuous and adequately protected against mechanical damage; or
(b) so constructed, installed and protected as to prevent, so far as is
reasonably practicable, danger to person or property.
(5) Subject to the provisions of regulation 29, high-voltage conductors

and high-voltage live parts of a consumer's installation shall-
(a) be completely surrounded and protected by earthed metal; or
(b) have the minimum section clearances set out in the First
Schedule; or
(c) be so guarded by a protective barrier as to prevent inadvertent
touching or dangerous approach by a person standing at floor-level or on
a walkway, stairway or working platform.
16. (1) Every distinct circuit of a consumer's installation shall be Electrical

protected against excess current by means of a suitable fuse or automatic protection
circuit-breaker-
(a) of adequate breaking capacity; and
(b) suitably located and of such construction as to-
(i) prevent danger from overheating, arcing or the scattering of hot

metal when it comes into operation;
(ii) permit the ready renewal of the fusible metal without danger to
person or property.
(2) No fuse, non-linked switch or non-linked circuit-breaker shall be

inserted in a conductor connected with earth.
(3) A single-pole switch may only be inserted in a live conductor.
17. (1) Except in the case of an unmetered service line, effective means Isolation and
suitably placed for ready operation shall be provided so that all voltage control position
may be cut off from every part of a consumer's installation as may be
necessary to prevent danger, and such means shall include a fireman's
emergency switch on the exterior of a building where necessary to
disconnect a high-voltage discharge-lamp installation or an electrified
barrier.
(2) An electricity consuming device which requires operation or

attention in normal use shall be so installed that adequate means of
access and working space are afforded for such operation or attention.
(3) An electric motor shall be controlled by an efficient switch or
switches for starting and stopping and the said switch or switches shall
be so placed as to be readily accessible to and easily operated by the
person in charge of the motor.
18. (1) Metal-work of a consumer's installation enclosing, supporting Earthing of

or otherwise associated with conductors operating at a voltage in excess metal-work
of extra-low voltage shall, where necessary to prevent danger, be
connected with earth.
(2) Metal-work attached to or forming part of a metal or reinforced

concrete support and any metal transformer case or metal switch handle
mounted thereon shall be connected with earth.
(3) Subject to the provisions of sub-regulation (4), metal-work attached

to or forming part of a wooden support which is liable to become
dangerous because of leakage across or failure of the insulation shall-
(a) if the metal-work is not more than 3.048 metres above the
ground, be connected with earth;
(b) where the metal-work is more than 3.048 metres above the
ground, be connected with earth or have effective secondary insulation
sufficient to withstand the voltage to earth.
(4) Where mounted on a wooden support-

(a) a metal transformer-case together with its associated metal-work
and any metal switch handle shall be connected with earth;
(b) a high-voltage switch with a switch handle not more than 3.048
metres above the ground shall have inserted in the operating rod
between the switch handle and the switch an insulator capable of
withstanding the normal operating voltage.
(5) A metal cradle or stay-wire shall-

(a) be connected with earth; or
(b) have inserted insulation capable of withstanding the normal
operating voltage.
(6) Metal armouring or metal sheathing, except sheathing intended for

use as a concentric neutral conductor at earth potential, shall-
(a) be connected with earth;
(b) have earth continuity maintained by a separate earth conductor
across any joint-box or terminal enclosure associated with the cable;
(c) where the joint-box or enclosure referred to in paragraph (b) is of
metal, be bonded thereto.
(7) Save as is otherwise provided in these Regulations, any metal-work

associated with or forming part of the consumer's installation shall,
unless isolated from and not likely to come into contact with live parts or
with earthed metal-work, be connected with earth.
19. (1) Every circuit of a consumer's installation shall be protected Protection

against the persistence of earth leakage currents liable to be a danger to against earth
person or property. leakage
(2) Where metal-work is earthed in accordance with the provisions of

these Regulations, the associated earthing system shall-
(a) incorporate a protective device which makes any live conductor
or live part dead when there is leakage such as is referred to in
sub-regulation (1) between that live conductor or live part and any
metal-work connected with earth; and
(b) be so designed, constructed and maintained that the leakage
referred to in paragraph (a) is sufficient to operate the protective device.
20. In addition to the protective device referred to in paragraph (a) of Arc-suppression

sub-regulation (2) of regulation 19, an arc-suppression coil may be coils
inserted between the transformer or generator neutral and earth in such a
manner as to ensure that, in the event of a live conductor or live part
coming into contact with earth or with any metal-work connected with
earth, an arc between that conductor or part and earth shall be
immediately suppressed and the voltage of that conductor or part shall
be so reduced as to prevent, as far as reasonably practicable, danger to
person or property.
21. (1) Where an undertaker operates a protective multiple earthing Earthing of

system in accordance with the provisions of Part VI of the Supply installation
Regulations and interconnects with his own earthing arrangements the
main earthing conductor of the consumer's installation, before supplying
a consumer with electricity therefrom an earth electrode or electrodes
shall be installed by the consumer at or on his premises by arrangement
with and to the satisfaction of the undertaker and shall also be
interconnected with the said earthing arrangements.
(2) Save as is provided in sub-regulation (1), where there is an

interconnection between the earthing arrangements of the undertaker
and the main earthing conductor of the consumer's installation, the
consumer shall comply with the conditions considered necessary by the
undertaker in terms of sub-regulation (2) of regulation 30 of the Supply
Regulations.
(3) Where there is no interconnection between the earthing

arrangements of the undertaker and the main earthing conductor of the
consumer's installation, the consumer shall provide and install his own
earthing arrangements to ensure compliance with the provisions of these
Regulations.
(4) An earth electrode of a consumer shall be so installed that no voltage

gradient is maintained at ground level which may cause danger to life.
22. (1) In this regulation- Electrode

boilers
"electrode boiler" includes an electrode type waterheater.
(2) Before connecting an electrode boiler to a supply of electricity, the Cap. 795 of the
consumer shall obtain the consent in writing of the Postmaster-General 1971 Edition
in terms of regulation 11 of the Lines Protection Regulations.
(3) An electrode boiler shall-

(a) be used only on alternating current;
(b) have an isolating and protecting circuit-breaker.
(4) The circuit-breaker referred to in paragraph (b) of sub-regulation (3)

shall-
(a) be of the multi-pole linked type arranged to disconnect the
supply from all electrodes simultaneously;
(b) have an over-current protective device for each electrode;
(c) have a locking-off device to prevent the electrode boiler
inadvertently being made live whilst a person is working thereon;
(d) if arranged for direct hand operation from a position near to the
boiler, be readily accessible and visible to a person using the boiler;
(e) if not arranged for direct hand operation from a position near to
the boiler, have remote control by a hand-operated switch or
pushbutton-
(i) with a lamp or other instrument to provide visual indication of

the "ON" and "OFF" condition of the electricity supply fixed at or near
the boiler; and
(ii) readily accessible and visible to a person using the boiler;

(f) where the boiler is to be operated at high voltage, have automatic
tripping in the event of phase currents becoming unbalanced to the
extent of ten per centum of the full load current of the boiler:
Provided that-
(i) the margin may be increased to fifteen per centum where the
higher setting is essential to ensure operational stability;
(ii) an inverse time-element device may be associated with the

automatic tripping to prevent unnecessary tripping where the unbalance
is momentary or of short duration.
(5) The earthing system of an electrode boiler shall, in addition to

complying with the provisions of regulations 18 and 19, include-
(a) the bonding together of-
(i) the metallic shell and other metal-work of the boiler;
(ii) any water pipes or steam pipes of metal in metallic contact with
the said shell or other metal-work;
(iii) any metal armouring or metal sheathing of a cable providing a

supply of electricity to the said boiler;
(b) the connection of bonded metal-work referred to in paragraph
(a) to the neutral conductor and to the main earthing terminal of the
consumer's installation.
(6) In the case of an electrode boiler the neutral conductor, main

earthing conductor and bonding and the connections to such bonding
shall have a current-carrying capacity not less than that of any live or
phase conductor at all points except in a subsidiary tripping-circuit
where the current-carrying capacity shall be in accordance with the
designed tripping-circuit current.
(7) An electrode boiler of a type other than a three-phase three-electrode

balanced-load type shall not be connected to a supply of electricity
otherwise than by means of a double-wound transformer situated within
the same building as the said boiler or as close thereto as is practicable
and on the same premises.
23. (1) An auto-transformer shall not be fed from a circuit operating at Auto-
a voltage exceeding low voltage unless such auto-transformer is used- transformers
(a) in motor starting or control-gear; or
(b) in conjunction with and installed adjacent to a capacitor which is
employed for improving the power factor; or
(c) in a high-voltage discharge-lighting circuit.
(2) An auto-transformer shall not be used to supply-

(a) a socket-outlet;
(b) a portable appliance unless the auto-transformer is contained
therein;
(c) an electric toy or model;
(d) earthed concentric wiring;
(e) an extra-low-voltage circuit.
(3) An auto-transformer shall-

(a) if used for step-up purposes-
(i) be supplied only from a system in which the neutral conductor is

earthed;
(ii) have the neutral conductor connected to the common pole of the
primary and secondary windings;
(b) if used for step-down purposes, have the secondary winding
insulated for the maximum voltage likely to be applied to the primary
winding.
(4) Where an auto-transformer is used for step-up purposes means of

isolation required in terms of regulation 17 shall be arranged to
disconnect all primary supply conductors simultaneously.
24. Save in the case of a capacitor- Capacitors

(a) incorporated in apparatus for the sole purpose of radio
interference suppression; or
(b) so small that no risk of electric shock can arise therefrom;
a capacitor shall have a high resistance leak or other means for the
prompt and automatic discharge of electricity immediately the supply
thereto is disconnected.
25. (1) Subject to the provisions of sub-regulation (3) of regulation 4, a Substations

substation constructed by a consumer for the accommodation of a
high-voltage part of his installation shall-
(a) be substantially constructed and designed specifically for its
intended purposes;
(b) be so arranged-
(i) as to prevent, as far as practicable, access thereto except by a

doorway or gateway;
(ii) that no hinged door opens inwards;

(c) enclose the said part of the installation in such a manner that it
cannot readily be interfered with from outside;
(d) be ventilated, kept dry and made vermin-proof, as far as
practicable;
(e) have fixed outside each entrance a danger notice;
(f) have prominently displayed inside printed instructions as to the
proper first-aid treatment of persons suffering from electric shock.
(2) Subject to the provisions of sub-regulation (3) of regulation 4, a
substation referred to in sub-regulation (1) constructed below ground
level shall-
(a) have adequate means of access by a door or trap door with a
staircase or ladder securely fixed and so placed that no live part of a
system or conductor is within reach of a person thereon; or
(b) where a person is to be regularly employed therein, have the

access referred to in paragraph (a) by door and staircase only.
26. (1) Any part of the consumer's installation for the transformation, Outdoor
control, regulation or switching of electricity in the open air shall, save substations
as is otherwise provided for in Part IV or V-
(a) be mounted on the supports of an overhead line; or
(b) be enclosed by a fence not less than six feet in height fitted with
a suitable anti-climbing device for the purpose of preventing access not
authorised by the consumer; or
(c) where the provisions of paragraph (a) or (b) are not complied
with, have all parts below the height of ten feet from the ground
completely enclosed in a metal casing.
(2) A danger notice shall be fixed to the supports, fence or metal casing,
as the case may be, referred to in paragraph (a), (b) or (c) of
sub-regulation (1).
PART IV
UNDERGROUND CABLES
27. (1) An underground cable shall be fully insulated for the normal Construction
operating voltage and shall be of a type and construction and shall be and installation
laid or installed in a manner suited to its particular environment and
having regard to-
(a) the provisions of regulation 15;
(b) the normal usage of the ground in which any part of it is to be
laid;
(c) foreseeable risk of damage to the cable and danger to persons,
property and to other electrical services, water, gas, sewerage and
telegraph services, railways and constructional works at or below
ground level.
(2) A component used with an underground cable shall be of a type and

construction and shall be laid or installed in a manner suited to that cable
and having regard to the provisions.
(a) sub-regulation (1);
(b) regulation 28 in circumstances whenever a cable joint or
connection is necessary.
28. An electrical joint or connection associated with an underground Joints and

cable shall be designed, constructed, installed and protected in such a connections
manner that-
(a) electrical conductivity is maintained satisfactorily;
(b) its insulation, where insulation is necessary, is suitable for the
normal operating voltage;
(c) its mechanical strength is suited to its location and environment.
29. (1) Subject to the provisions of sub-regulation (3), a high-voltage Metallic

underground cable shall be so laid or installed that it is completely protection for
surrounded and protected by earthed metal as provided by- high-voltage
(a) its own metal sheathing or metal armouring; or cables
(b) an extraneous metallic covering.
(2) Subject to the provisions of sub-regulation (3), a joint, connection or

termination of a high-voltage underground cable shall be completely
surrounded and protected by earthed metal.
(3) In a power station, substation, switchroom or similar premises

designed for electrical purposes, it shall not be necessary for a
high-voltage cable, joint, connection or termination to be completely
surrounded and protected by earthed metal where the cable, joint,
connection or termination has the minimum section clearances or is
guarded by the protective barrier required in terms of sub-regulation (5)
of regulation 15.
30. (1) A neutral conductor of an underground cable shall, at its Identification
termination, be permanently identified so that it is readily and uniformly and testing
distinguishable from other conductors.
(2) Where two or more underground cables forming part of different

circuits terminate at adjacent positions, each circuit shall-
(a) be permanently labelled on its exterior or on its terminating box
or component; or
(b) have other means of identification;
so that it is readily distinguishable from other circuits.
(3) An underground cable shall be subjected to an insulation test after

being laid or installed and before being connected to a supply of
electricity, and it shall not be so connected if the connection would
result in an electrical leakage which might be a danger to person or
property.
(4) No underground cable shall be permanently connected to a supply

of electricity unless tests have been made-
(a) to ensure compliance with the provisions of these Regulations
and in particular of sub-regulations (l) and (2) and of regulation 19; and
(b) to establish that there is electrical continuity of conductors.
PART V
OVERHEAD LINES
31. The provisions of this Part shall apply to overhead lines other than- Application of
(a) an overhead crane wire or trolley wire; Part V
(b) an overhead line consisting entirely of insulated conductors

enclosed in earthed metal sheathing or earthed metal armouring;
(c) a conductor used above ground and in the open air as a fence
specially designed for the control of the movement of animals;
(d) an overhead telegraph line;
(e) an overhead line and substation within a fenced enclosure
specially erected by the consumer operating such line and substation for
the purpose of prohibiting entry not authorised by him where such fence
is not less than 1.8288 metres in height and is fitted with a suitable
anti-climbing device.
32. (1) Line conductors and earth conductors shall be of copper, Constructional
cadmium copper, steel-cored copper, aluminium, steel-cored requirements
aluminium, aluminium alloy, copper-clad steel, galvanised steel,
stainless-steel or any compatible combination of these materials.
(2) Cradle supporting wires and stay-wires shall be of stranded

galvanised steel or a material of a strength and durability not less than
that of stranded galvanised steel.
(3) A support shall be of wood, metal or reinforced concrete or a

combination of these materials and, where wood or metal is used in the
construction of a support, such wood or metal shall be protected, as far
as is reasonably practicable, against decay or corrosion.
(4) The diameter of a wooden support at a point 1.524 metres from the
butt shall be not less than 15.24 centimetres.
(5) Supports and the foundations thereof shall be constructed and

placed having regard to the characteristics of the ground in which they
are embedded and to the load which they are to carry.
(6) Insulators shall-

(a) be of durable materials;
(b) be designed to withstand the mechanical loading and electrical
stresses of normal operating conditions.
33. (1) A line conductor near a building or other permanently raised Minimum
position existing at the time of erection of the line shall- heights and
(a) if operating at extra-low voltage, low voltage or medium insulation
voltage, be insulated at all places within a distance of 1.8288 metres
from any part of such building or raised position;
(b) if operating at high voltage, be completely surrounded and
protected by earthed metal or have the minimum section clearances or
protective barrier required in terms of sub-regulation (5) of regulation
15 between it and any part of such building or raised position.
(2) Service lines in the terminal span of a connection between an

overhead line and a building or in a span between one building and
another building shall be insulated conductors.
(3) The point of attachment of a service line shall-

(a) where connected to an overhead line, be at a support:
Provided that a vertical service connection may be made
elsewhere if it does not exceed 3.048 metres in length;
(b) where connected to a building, be at a terminating device
securely fixed to the building.
(4) A conductor, other than an earth conductor, leading to or from a

transformer or other apparatus at a pole-mounted substation shall, at all
points below a height of 3.6576 metres from the ground, be insulated
and, in the case of a high-voltage conductor, shall have earthed metal
sheathing or earthed screening.
(5) The height above ground of a line conductor, other than an

extra-low-voltage, low-voltage or medium-voltage insulated line
conductor, shall be not less than the appropriate height specified in the
Third Schedule or such greater height as may be required either for
compliance with regulation 12 or 15 or in terms of regulation 35.
(6) Subject to the provisions of regulation 35, the height above ground
of an extra-low-voltage, low-voltage or medium-voltage insulated line
conductor shall be not less than-
(a) where the line is above a road normally accessible to vehicular
traffic, 5.4864 metres;
(b) save as is provided in paragraph (c), where the line is not above a
road normally accessible to vehicular traffic, 4.2672 metres;
(c) in the case of a service line in the terminal span of a connection
between an overhead line and a building or in a span between one
building and another building, ten feet at any point where the line is not
above a road normally accessible to vehicular traffic.
(7) Where an earth conductor, stay-wire or cradle fitted between

supports crosses a road normally accessible to vehicular traffic, the
height thereof above the road surface shall be not less than 5.4864
metres.
(8) Any minimum height or clearance required by these Regulations

shall be maintained under any conditions of loading and temperature
likely to occur in the area concerned.
34. (1) Where a consumer installs an unmetered service line on his Unmetered
premises or where a part of the consumer's installation is to be solely service lines
operated and controlled by the undertaker, and where the undertaker in
terms of the Supply Regulations is required to ensure that such service
line or such part of the installation-
(a) is suitable for its intended purpose; and
(b) is installed to prevent, as far as practicable, leakage of electricity
to adjacent metal;
the consumer shall comply with the directions of the undertaker in

relation to the design and construction of such line or part.
(2) Where the consumer has no effective means of cutting off the
voltage to a line or part referred to in sub-regulation (1), he shall, if a
disconnection is required, immediately notify the undertaker that it is
required.
(3) Where an undertaker has advised the consumer of any remedial

measures necessary to correct any defect, deficiency or faulty condition
which may exist in a line or part referred to in sub-regulation (1), the
consumer shall take such measures to the satisfaction of the undertaker
after the said line or part has been disconnected from the supply of
electricity for the purpose.
35. Where an overhead line crosses a permanent railway track having a Overhead lines
gauge of not less than 15.24 centimetres, the following conditions shall crossing
apply: railway tracks
(a) the height above the rail of-
(i) a line conductor, shall be not less than the appropriate height
specified in the Fourth Schedule;
(ii) an earth conductor, stay-wire or cradle fitted between supports,

shall be not less than 7.0104 metres;
(b) there shall be no joints in the crossing span;
(c) the crossing shall be made at right angles or as near thereto as
practicable and shall be not less than 70 degrees unless permission in
writing therefor has been obtained from the authority responsible for the
operation of the railway;
(d) the length of span at the crossing shall be as short as is
reasonably practicable;
(e) notwithstanding the provisions of sub-regulation (6) of
regulation 37, line conductors used at the crossing shall be stranded with
not less than 0.1613 square metres cross-sectional area copper or its
equivalent conductivity.
36. (l) Where a high-voltage overhead line crosses an Different

extra-low-voltage, low-voltage or medium-voltage overhead line or voltages in
where line conductors forming part of such differing systems are erected proximity
on the same supports, provision shall be made to guard against the
extra-low-voltage, low-voltage or medium-voltage system being
charged above its normal voltage.
(2) Where a pilot circuit is installed and operated as part of an overhead

line system, the provisions of sub-regulation (1) shall apply thereto and
such pilot circuit shall be installed and operated with due regard to any
dangers which may arise from its use.
37. (1) In calculating the strength of the various constituent parts, Loading
including supports, of an overhead line, the following basic conditions conditions and
shall be assumed: factors of safety
(a) a minimum temperature of 30 degrees Fahrenheit;
(b) the wind pressure acting on the projected area of line conductors
and supports not exceeding 12.192 metres in height shall be not less than
5.4 kilogramms per square metre and of those exceeding 12.192 metres
but not exceeding 36.576 metres in height shall be not less than 6.75
kilogramms per square metre;
(c) in the case of conductors, earth wires and round, elliptical or
hexagonal poles used as supports, the area on which the pressure acts
shall be taken as 60 per centum of the projected area and in the case of
lattice or composite structures as one and one-half times the projected
area of the constituent parts on one side.
(2) In the design of spans of over 121.92 metres, the assumed wind load
on conductors and earth wires may be reduced to 70 per centum of the
calculated load.
(3) In the design of spans, due regard shall be given to the possibility of
injurious conductor vibration by wind effects.
(4) A support shall be designed so that the failing load under operating
conditions shall be not less that the resultant of simultaneous horizontal
and vertical loads calculated in accordance with the provisions of this
regulation multiplied by the following factors:
(a) where the support is of metal or concrete, 2.5;
(b) where the support is of wood, 3.5.
(5) Subject to the provisions of sub-regulation (6), the load in a line

conductor, earth conductor, insulator, joint or cradle component or an
associated fitting under operating conditions shall not exceed 50 per
centum of its ultimate breaking load.
(6) The minimum permissible size for a single line conductor shall be
such as to have an ultimate breaking load of not less than 359.55
kilogramms and shall be not less in gauge than No. 10 British Standard
Wire Gauge.
38. (1) Where metal-work is required to be earthed in accordance with Periodic testing
the provisions of regulation 18, the earthing system of the overhead line and inspecting
with which it is associated shall be tested at at least one point by the
consumer or by a person authorised by him-
(a) before commissioning such overhead line;
(b) and thereafter, at intervals of not more than six years;
(2) The purpose of a test made in terms of sub-regulation (1) shall be to
ensure that the leakage resulting from contact of negligible resistance
between a line conductor and any metal-work connected with earth is
sufficient to operate the protective device installed in terms of regulation
19 to make that line conductor dead.
(3) An overhead line and its supports and any outdoor substation shall
be inspected from ground level or above by the consumer or by a person
authorised by him-
(a) if erected before the 1st December, 1961, within six years of that
date;
(b) if erected on or after the 1st December, 1961, before
commissioning;
(c) and thereafter, at intervals not exceeding six years after the date
of inspection referred to in paragraph (a) or (b), as the case may be;
(4) A test or inspection made in terms of this regulation shall be

recorded by the person making the test or inspection and such record
shall be retained by the consumer until the next test or inspection is
made.
39. There shall be fixed in a prominent position at every pole-mounted Danger notices
substation a danger notice.
40. In order to prevent, as far as is reasonably practicable, climbing Unauthorised

which has not been authorised by the consumer, an anti-climbing device climbing of
shall be fitted- supports
(a) at every support for a pole-mounted substation;
(b) at every support which has broken surfaces within 3.048 metres
of the ground.
PART VII
PROTECTIVE MULTIPLE
EARTHING
41. Where a consumer operates or is about to operate a transformer Provision of
supplying low voltage or medium voltage to a single-phase two-wire or protective
three-phase four-wire installation and is satisfied that protective multiple
multiple earthing is necessary in order to improve the general factor of earthing
safety in relation to earthing of metal-work, he may provide protective
multiple earthing in accordance with the provisions of this Part.
42. Before providing protective multiple earthing, a consumer Consent of

shall obtain the consent in writing of the Postmaster-General in Postmaster-General.
terms of regulation 11 of the Lines Protection Regulations. Cap. 795 of the
1971 Edition
43. Protective multiple earthing shall- Limitations

(a) only be applied to the consumer's electric lines operating at low
voltage or medium voltage;
(b) when so applied, extend to every such line of a group supplied
with electricity from a common transformer at the said voltage:
Provided that no such line shall be directly interconnected in a

permanent manner with any other line supplied with electricity from any
part of another system not similarly earthed.
44. A transformer which is to supply the low voltage or medium Connections at

voltage to an electric line provided with protective multiple earthing transformer
shall be so arranged that-
(a) an earthing connection is taken from the metal-core or
metal-work closely associated with the higher voltage winding to an
earth electrode;
(b) another earthing connection is taken from the neutral point on
the low-voltage or medium-voltage winding to the same earth electrode
or to another earth electrode with its own resistance area.
45. (1) Where a cable is used as an electric line provided with Use of cables
protective multiple earthing and is laid underground, such cable shall-
(a) have a neutral conductor of the same material as, and be of a
cross-sectional area not less than, any phase conductor; and
(b) have metal sheathing or metal armouring.
(2) The metal sheathing or metal armouring or, if the cable has both
metal sheathing and metal armouring, the metal sheathing and metal
armouring and the neutral conductor referred to in sub-regulation (1)
shall be bonded together and also bonded to-
44 at the transformer position; and
(b) an earth electrode or electrodes installed at points at or near the
end of each line.
46. (1) Where an overhead line is used as an electric line provided with Use of overhead
protective multiple earthing, such line shall- lines
(a) have a neutral conductor of the same material as, and of a
cross-sectional area not less than, any phase conductor; or
(b) have two neutral conductors of the same material as, and each of
a cross-sectional area not less than one half that of, any phase conductor.
(2) The neutral conductor or the two neutral conductors referred to in

paragraph (a) or (b) of sub-regulation (l) shall be bonded to-
44 at the transformer position; and
(b) earth electrodes installed at regular intervals, as far as
practicable, along the route of the line, at branching points and at the
final pole of each line.
47. (1) Where an underground cable and an overhead line are used in Use of cables
association with each other as an electric line provided with protective and overhead
multiple earthing, the provisions of regulations 45 and 46 shall apply lines
respectively to the cable and the overhead line except that the bonding to
the earth connection at the transformer position referred to in paragraph
(a) of sub-regulation (2) of regulation 45 or 46, as the case may be, may
be omitted in the case of-
(a) an underground cable which starts at a position remote from the
transformer if that cable is fed from an overhead line which has such
bonding to the earth connection at the transformer position;
(b) an overhead line which starts at a position remote from the
transformer if that line is fed from an underground cable which has such
bonding to the earth connection at the transformer position.
(2) At every point where an underground cable and an overhead line

referred to in sub-regulation (1) are connected with each other, each
neutral conductor of the said cable and line and the metal sheathing or
metal armouring of the cable shall be bonded together.
48. The provisions of regulation 44, 45, 46 or 47 shall not have been Overall
complied with until it has been established that the overall resistance to resistance
earth of a neutral conductor-
(a) is such that the fuse, circuit-breaker or other protective device on
the high-voltage side of the transformer will operate safely in the event
of a breakdown between the transformer windings;
(b) does not exceed ten ohms;
(c) is such that the provisions of regulation 19, and of regulation 20
where applicable, can be complied with efficiently.
49. No fuse, switch, circuit-breaker, link or device, other than a bolted Neutral to be
link, for interrupting continuity shall be inserted in a neutral or earth unbroken
conductor used for protective multiple earthing purposes.
50. Where a supply of electricity is delivered from an electric line Separate

provided with protective multiple earthing to a separate installation, and installation
whether such installation is to be operated and used by the consumer or
by another person, the consumer, before providing an earth connection
thereto, shall satisfy himself in regard to the separate installation that-
(a) metal-work enclosing, supporting or in proximity to, or likely to
come into contact with, any live conductor or live part is bonded
together by one or more earth-continuity conductors; and
(b) the overall resistance to earth of the earthing system is such that
the provisions of regulation 19 can be complied with efficiently; and
(c) the provisions of regulation 49 have been complied with.
PART VII
PRIVATE GENERATION AND
SUPPLY
51. (1) Subject to the provisions of sub-regulation (2) of regulation 4, Private
the provisions of this Part shall apply to every private owner. ownership
(2) The provisions of Parts II, III, IV, V, VI and VIII shall, mutatis
mutandis, apply to a private owner and to his electrical installation as
they apply to a consumer and a consumer's installation.
52. (1) A private owner shall erect and maintain a switchboard for each Protection of
generator to control supply therefrom and shall fit to each switchboard, generators
as a minimum requirement-
(a) the appropriate supply controls and protective apparatus
specified in Part I of the Fifth Schedule;
(b) where two or more private generators are to be operated in
parallel-
(i) if it is a two-wire system, a reverse-current trip in series with the

live conductor of each generator;
(ii) if it is a three-wire system, a reverse-current trip in series with

each outer conductor of each generator;
(iii) if they are compound generators, an equaliser connection by

means of-
A. a single-pole switch from each generator to an equaliser bus-bar

so arranged that each switch is interlocked so that it must be closed
before the main switch is closed and opened after the main switch is
opened; or
B. a multi-pole linked-switch arranged and interlocked to perform

the same sequence of operations as described for single-pole switches;
with the operating coil of a circuit-breaker connected to a pole

other than that to which the equaliser connection is made;
(c) where a direct-current generator is connected in parallel with a
secondary battery-
(i) a reverse-current trip, which may be of the cut-out type,

connected between the generator and the battery;
(ii) safe means for isolating the battery from the generator;
(iii) protection for the battery by means of a fuse or circuit-breaker

against excessive charge or discharge currents;
(iv) an ammeter to measure the current supplied by the generator;
(v) an ammeter with a mid-point zero or so switched as to measure

separately the charge and discharge currents of the battery;
(vi) a voltmeter arranged to measure separately the voltage of the

generator and of the battery;
(d) where compound generators are operated in parallel, an ammeter
connected to the pole other than that to which the equaliser connection is
made;
(e) where a direct-current generator operates a three-wire system, an
arrangement to prevent the balancer being disconnected whilst the outer
conductors are live;
(f) the appropriate instruments specified in Part II of the Fifth
Schedule;
(g) where an alternating-current generator is operated-
(i) a speed indicator for the prime-mover, or a frequency indicator;
(ii) if two or more generators are to be operated in parallel, a

synchronising device.
(2) Where an instrument fitted to the switchboard in terms of

sub-regulation (1) is required to make more than one measurement,
provision for this shall be made by a suitable switch or plug.
(3) If the generator of a private owner is arranged for automatic starting

or for remote control, the prime-mover shall have local over-riding
control for stopping the prime-mover and for preventing automatic
starting-
(a) fixed nearby; and
(b) indelibly labelled with operating instructions.
53. A private owner shall- Fire precautions

(a) where liquid or gaseous fuel for the generating plant is piped
from outside the plant room, provide a quick-acting valve to cut off the
supply of fuel with the valve-
(i) fixed near the door to the plant room in a conspicuous position;
and
(ii) indelibly labelled with operating instructions;

(b) arrange to trap or drain and disperse safely any leaking or
surplus fuel and ensure that none is permitted to enter any sewer.
54. (1) A private owner shall ensure that any room in which his Plant rooms
generating plant is to be erected and maintained-
(a) is of such size that the plant can be easily and adequately
serviced and maintained;
(b) is adequately ventilated;
(c) is provided with the exhaust pipes or ducts necessary to
discharge exhaust fumes from the room to the outside air and clear of
any window, door or fresh air intake of any building.
(2) A plant room described in sub-regulation (1) shall have adequate

artificial lighting in addition to any natural lighting, and
discharge-lighting shall not be used in a position where it may cause
rotating machines to appear to be stationary.
55. (1) A private owner whose generator is connected with a secondary Protection of
battery installation shall erect and maintain a switchboard for that batteries
installation and shall fit to the switchboard, as a minimum, requirement-
(a) safe means-
(i) for isolating the battery from the load or from the charging
circuit or simultaneously from both;
(ii) where the charging circuit is arranged to share the load, for
isolating the charging circuit from the battery and from the load;
(b) a suitable fuse or circuit-breaker with overload trip to protect-
(i) the battery from excess charge and discharge currents;
(ii) the charge circuit from excess charge currents;

(c) where the circuit is not a rectifier circuit which prevents a
reversal of current, a reverse-current trip, which may be of the cut-out
type, connected between the charging circuit and the battery;
(d) an ammeter with a mid-point zero or so switched as to measure
separately the charge and discharge currents;
(e) a voltmeter with an "off" position to prevent continuous
discharge and to indicate-
(i) battery terminal voltage;
(ii) where the charging circuit has no cut-out, the voltage of the
charging circuit separately from the battery terminal voltage;
(f) where the charging circuit shares the load with the battery, an
ammeter to measure the current output of the charging circuit.
56. (1) A battery in a battery installation connected with the generator Installation of
of a private owner shall- batteries
(a) have insulated supports for each cell of glass or
vitreous-porcelain which is part of the container;
(b) have insulated battery stands;
(c) have connecting bolts-
(i) of a non-corrosive type; or
(ii) coated with petroleum jelly;

(d) have spray arresters on open cells;
(e) if not portable, contain no celluloid in its construction;
(f) if portable and with celluloid in its construction, have suitable
safeguards at the charging location to prevent ignition of the celluloid
and the spread of fire.
(2) A room containing a battery in a battery installation connected with
the generator of a private owner shall-
(a) be adequately ventilated to the outside air;
(b) where sulphuric acid is used as an electrolyte, have its
construction and fittings-
(i) of non-corrosive material; or
(ii) painted with acid-resisting paint.
57. All machinery, switchgear and instruments associated with the Labelling
generation and supply of electricity of a private owner shall be indelibly
labelled so as to indicate their functions and ratings.
58. The plant of a private owner shall not be interconnected, either Inter-connection
directly or indirectly, with the electrical works, lines or cables of an
undertaker or other person unless-
(a) there is an agreement in writing for such interconnection
between the private owner and the owner of the said works, lines or
cables; and
(b) adequate safeguards are installed to prevent accidental or
uncontrolled interconnection.
PART VIII
59. (1) Subject to the provisions of sub-regulations (2) and (3) of Offences and
regulation 4, a consumer or a private owner who erects or operates an penalties
electrical installation for or in connection with the generation,
transmission, distribution, connection, installation and use of electricity,
whether on his premises or elsewhere, where such installation is
constructed, operated, maintained, repaired, tested or inspected
otherwise than in accordance with the provisions of these Regulations
shall be guilty of an offence.
(2) Any person who is guilty of an offence in terms of sub-regulation
(1) shall be liable to a fine not exceeding three thousand penalty units or,
in default of payment, to imprisonment for a period not exceeding
twelve months.
FIRST SCHEDULE
MINIMUM SECTION CLEARANCES
Minimum clearance from any point on

Normal operating voltage or about the permanent equipment
between bare line conductors where a man may be required to stand
(measured from the position of the
feet)-
To the nearest
part not at earth
To the nearest potential of an
unscreened live insulator
conductor in air supporting a
live conductor
metres metres
1. Not exceeding 15,000 volts 2.62128 2.4384
2. Exceeding 15,000 volts but 2.7432 2.4384
not exceeding 33,000 volts
For the purposes of this Schedule-

(a) the above provisions concern the means of access for works which are permanently
available, such as fixed ladders or platforms attached to structures. The means of access
shall also comprise the structures themselves and the tops of circuit-breakers or
transformers if a man is required to stand on them to carry out work. Subject to the
provisions of paragraph (b), the provisions do not apply to portables ladders, cradles or
similar equipment, the use of which is governed by the general instructions issued by the
consumer in terms of regulation 13;
(b) portable ladders and platforms specially designed for specific maintenance work, and
so arranged that they cannot readily be employed in any way other than that intended, shall
be considered as permanent means of access for the purpose of safety clearances.
SECOND SCHEDULE
(Regulation 14)
THE ELECTRICITY ACT
CERTIFICATE OF INSPECTION AND
TEST
Notice to an undertaker from a consumer certifying the condition of the consumer's

electrical installation.
From
(Name and address of consumer)
To
(Name and address of undertaker)
I attach hereto a certificate in respect of the condition of my electrical installation.
Signed Date ...................................
(Consumer's signature)
_________________________
I
(Name and address of certifier)
of
(Name and address of firm or company)
am a/an
(Occupation, trade or profession)
and I hereby declare that I am competent to make and sign this certificate and do hereby
certify as follows:
1. That the electrical installation in entirety/in part comprising
(Description of part)
at
(Address of premises)
(a) was installed by me/by
(Name and address of contractor or other person)
and
(b) was inspected and tested by me;
fully in accordance with the recommendations contained in an edition current at the date
of this certificate of the Safety Code for the electrical wiring of premises issued by the
Standards Association of Zambia in respect of those sections of the installation falling
within the scope of the Safety Code.
2. That to the best of my knowledge and belief the said electrical installation in entirety/in
respect of the part described-
(a) complies with the Wiring Regulations; and
(b) is in a fit and proper condition to operate safely if connected to the intended supply
of electricity; and
(c) can be so connected without risk of a dangerous electrical leakage occurring.
Signature of Certifier
Witness
Dated at on .................................................., 19 ............
THIRD SCHEDULE
(Regulation 52)
MINIMUM HEIGHTS OF OVERHEAD
LINES
In any position
Normal operating voltage betweenOver roads normally except where
line conductors accessible to otherwise specified
vehicular trafficin these Regulations
1. Not exceeding 650 volts. . 5.4864 metres 4.8768 metres

2. Exceeding 650 volts but not
exceeding 132,000 volts. . 6.7056 metres 6.7056 metres
exceeding 275,000 volts. . 7.0104 metres 7.0104 metres
6. Exceeding 275,000 volts. . 7.3152 metres 7.3152 metres
FOURTH SCHEDULE
(Regulation 35)
MINIMUM HEIGHTS OF OVERHEAD
LINES CROSSING RAILWAY TRACKS
Minimum height
Normal operating voltage between line conductors above rail
1. Not exceeding 33,000 volts . . .. .. .. .. .. 7.62 metres

5. Exceeding 275,000 volts .. .. .. .. .. 9.144 metres
FIFTH SCHEDULE
(Regulation 52)
MINIMUM REQUIREMENTS FOR PROTECTION OF PRIVATE GENERATORS
PART I
SWITCHBOARD SUPPLY CONTROLS AND PROTECTIVE APPARATUS
Number of poles
to be broken by Position of
circuit-breaker circuit-breaker
System of supply or switch or fuse
1. Two-wire alternating current or 1 In non-earthed

direct current, earthed at either pole. conductor.
2. Two-wire, alternating current or 2 In each conductor.
direct current, not earthed at either
pole.
3. Three-wire, single-phase, alternating 2 In each outer
current or direct current. conductor
4. Three-wire, three-phase, alternating 3 In each non-
current or four-wire, three-phase, earthed conductor.
alternating current.
PART II
INSTRUMENTS FOR A SWITCHBOARD
Type of system One generator only More than one generator
1. Two-wire, alternating (a) an ammeter; and (i) an ammeter for
each
current or direct current generator: and
(b) a voltmeter (ii) a voltmeter to measure

the voltage of any
generator; and
(iii) if generators are
paralleled, a voltmeter to
measure the bus-bar voltage.
2. Three-wire, single- (a) an ammeter to (i) an ammeter for each
phase, alternating measure the cur- generator to measure
current or direct rent in each outer the current in each
current conductor; and outer conductor; and
(b) two voltmeters (ii) two voltmeters each
each connected connected between
between an outer an outer conductor
conductor and and neutral of the
neutral bus-bars: and
(iii) if generators are
paralleled two voltmeters,
each connected between
an outer conductor and
neutral, to measure the
voltage of any generator.
3. Three-wire, three- (a) an ammeter to (i) an ammeter for each
phase, alternating measure the current generator to measure
current or four-wire, in each phase; and the current in each
three-phase alternating phase; and
current
(b) a voltmeter to (ii) a voltmeter to
measure the line measure the line
voltage voltage of each
generator; and
(iii) if generators
are paralleled, a
voltmeter to
measure the bus-
bar voltage.
CHAPTER 435
THE PETROLEUM ACT
Section
1. Short title
2. Interpretation
3. Regulations
4. Extension of regulations
5. Penalty
CHAPTER 435
PETROLEUM 28 of 1930
13 of 1994
An Act to make provision for regulating the importation, conveyance 8 of 1995
and storage of petroleum and other inflammable oils and liquids; and to Government
provide for incidental matters. Notice
[12th December, 1930] 202 of 1964
1. This Act may be cited as the Petroleum Act. Short title
"crude petroleum" means any petroleum found in naturally formed

liquid deposits and obtained as a raw material for the purpose of being
refined into its many petroleum finished products or derivatives;
"petroleum" means crude petroleum and petroleum derivatives;
"petroleum derivatives" means any naturally occurring or manufactured

petroleum hydrocarbon.
3. The Minister may, by statutory instrument, make regulations for all Regulations
or any of the purposes following:
(a) prohibiting the importation or exportation of petroleum except at
such ports or places and in such quantities and subject to such conditions
as may be prescribed;
(b) regulating the transport of petroleum whether by railway, road or
inland navigation;
(c) regulating the quantity and quality of, mode of storage of, and
the receptacles in which petroleum may be carried in any vessel, cart,
truck, or other vehicle, and the quantities and qualities to be contained in
such receptacles;
(d) prescribing the form of construction and type of materials used
in all equipment, vessels, vehicles, tanks and receptacles that are used in
the processing, transport, storage and sale of petroleum by establishing
and enforcing the required codes for such, and the licensing of the
operators;
(e) prescribing the safety and environmental requirements for the
operation of all equipment, vessels, vehicles, trucks, and receptacles
used in the processing, storage and sale of petroleum by establishing and
enforcing the required codes for such, and licensing of the operators;
(f) prescribing the powers and duties of officers appointed for the
purposes of this Act;
(g) providing for the search and inspection of any ship, vessel,
vehicle, building or place in which petroleum is stored or carried or in
which there may be reason to believe that petroleum is stored or carried;
(h) prescribing the fees to be paid for any licence or permit issued or
examination or other thing done under this Act;
(i) generally for carrying out the purposes of this Act.
(As amended by G.N. No. 202 of 1964
and Act No. 8 of 1995)
4. The Minister may, by statutory notice- Extension of

(a) declare that all or any of the regulations under this Act, with or regulations
without such modification as may be determined, shall apply to any
inflammable oil or liquid;
(b) declare that any ship, equipment, tank, vehicle, vessel and
receptacle or place shall be exempted, either conditionally or absolutely,
from all or any of the regulations under this Act.
(As amended by G.N. No. 202 of 1964
5. Every omission or neglect to comply with and every act done or Penalty
attempted to be done contrary to the provisions of this Act or of any
regulations made thereunder, or in breach of the conditions and
restrictions subject to or upon which any licence or permit has been
issued, shall be deemed to be an offence against this Act and for every
such offence not otherwise specially provided for, the offender shall be
liable to a fine not exceeding one hundred thousand penalty units or to
imprisonment with or without hard labour for a period not exceeding ten
years, or to both, and any article in respect to which an offence shall
have been committed shall be liable to be forfeited and any subsisting
licence or permit shall be liable to be cancelled.
(As amended by Act No. 13 of 1994
PETROLEUM
THE PETROLEUM (GENERAL) REGULATIONS

ARRANGEMENT OF REGULATIONS
Regulation
1. Title and application
2. Interpretation
3. Issue of licences
4. Storage sheds
5. Soldering of filled tins
6. Inspection of premises
7. Application for licences to possess dangerous petroleum
8. Expiration of licence
9. Possession of valid licence required
10. Liability for expenses incurred through breach of Regulations
11. Renewal of licences
12. Prescribed fees
13. Prescribed forms
14. Revocation of licences
15. Transport of dangerous petroleum
16. Transport of dangerous petroleum in bulk
17. Powers of police and road traffic inspectors
18. No relief from liability for damage
SCHEDULE-Prescribed forms
SECTION 3-THE PETROLEUM (GENERAL) Government

REGULATIONS Notices
108 of 1932
63 of 1939
88 of 1948
281 of 1958
156 of 1959
375 of 1961
69 of 1963
202 of 1964
481 of 1964
497 of 1964
Statutory
Instruments
33 of 1965
446 of 1969
Act No.
13 of 1994
1. These Regulations may be cited as the Petroleum (General) Title and

Regulations, and shall apply to all areas other than those to which the application
Townships (Petroleum) Regulations, the Livingstone Municipal Cap. 281
By-laws or the Ndola Municipal By-laws have been applied.
(As amended by No. 63 of 1939)
"council" means a township council or a rural council;
"dangerous petroleum" means the following brands of petroleum:
Atlantic, Atlas, Benzol, B.P., Natalite, Pegasus, Pratts, R.O.P., Shell,

Texaco;
and any other brand of petroleum which may be declared by the
Minister, by statutory notice, to be dangerous petroleum;
"licensing officer" means any person authorised in that behalf by

resolution of a council to issue licences under these Regulations;
"petroleum in bulk" means petroleum in quantities exceeding two

thousand five hundred litres contained in any one receptacle;
"premises" means any land or any building together with the land on
which the same is situated and any adjoining land used in connection
therewith for the storage of dangerous petroleum in excess of two
hundred litres otherwise than in bulk;
"protected works" include buildings in which persons dwell or

assemble, docks, wharves, timber yards, public roads and any other
place not forming part of an installation which the Minister may by
notification declare as protected works, it being understood that the
timekeeper's or administrative office of an installation does not come
under the classification of "protected works";
"storage shed" means a building used for the storage of dangerous

petroleum in excess of two hundred litres otherwise than in bulk.
(As amended by No. 108 of 1932, No. 88 of 1948, No. 202 of 1964 and
No. 446 of 1969)
3. Licences for keeping dangerous petroleum exceeding two hundred Issue of

litres may be issued by a council, and shall ordinarily be granted only licences
when the premises intended to be used for the storage of such petroleum
fulfil the conditions of regulation 4:
Provided that a council, with the approval of the Minister, may, for
special reasons to be recorded in writing before granting such licence,
dispense with any or all of the said conditions, and such licence shall be
endorsed accordingly.
(As amended by No. 88 of 1948, Nos. 202
and 481 of 1964 and No. 446 of 1969)
4. (1) The following conditions shall apply to the construction, Storage sheds
maintenance and operation of storage sheds:
(a) licences may be granted for any quantity of dangerous petroleum

to be stored in any one building, if the plot on which the storage shed is
erected is so situated or is large enough to ensure a clear space of one
thousand five hundred and twenty four metres in width around the shed
or sheds. A clear space of at least ninety-one metres in width must be left
between storage sheds on the same plot;
(b) the storage shed shall be constructed either-

(i) entirely of non-inflammable material; or
(ii) of inflammable material specially approved by a council;
(c) adequate ventilation shall be provided;

(d) every person managing or employed on or in connection with a
storage shed shall abstain from any act whatsoever which tends to cause
fire and which is not reasonably necessary, and shall prevent any other
person from doing such act;
(e) no smoking shall be permitted in a storage shed or adjacent

thereto, and suitable notices to this effect shall be conspicuously posted
on the plot;
(f) no fire or naked lights shall be permitted in or adjacent to a

storage shed;
(g) supplies of sand or dry earth (not less than three thousand nine
hundred and two kilogrammes) shall be kept available for use in case of
fire, and, in addition, at least one extinguisher of a type approved by the
authorised officer in the Ministry of Energy;
(h) no vessel containing dangerous petroleum shall be opened and

no petroleum shall be drawn from any vessel within the building in
which the dangerous petroleum is stored;
(i) if a council requires the holder of the licence, by notice in

writing, to execute any repairs to any part of the installation which may
be necessary for the safety of the premises in respect of which the
licence is granted and of adjacent premises, the holder of the licence
shall execute the same within such period as may be fixed by the notice;
(j) no artificial light other than a filament electric lamp may be used
on the plot on which a storage shed is erected;
(k) no aircraft engine shall be run on the plot;
(l) all grass, bushes and scrub must be cut short to the satisfaction of
a council, and no cultivation shall be allowed on the plot;
(m) such other conditions as may be prescribed by a council.
(2) The following conditions shall apply to dangerous petroleum stored Storage other
upon premises other than in a storage shed: than in storage
sheds
(a) the area within which dangerous petroleum is or is intended to be
stored shall be fenced to the satisfaction of a council, and the plot on
which the fenced area lies shall be so situated or large enough to ensure
a clear space of 15.24 metres in width around the fenced area;
(b) paragraphs (d), (e), (f), (h), (i), (k), (l) and (m) of sub-regulation
(1) shall apply, mutatis mutandis, to such fenced area.
(No. 108 of 1932 as amended by No. 281 of 1958,
No. 156 of 1959, No. 375 of 1961, No. 481 of 1964
and No. 446 of 1969)
5. The soldering of any tin shall not be carried out on the premises. Soldering of
filled tins
6. A licensing officer or any officer deputed by him for the purpose or Inspection of
any police officer of or above the rank of Sub-Inspector may, at any premises
reasonable hour, enter any premises in respect of which a licence for the
possession of dangerous petroleum has been granted, for the purpose of
inspecting the same.
(As amended by No. 69 of 1963, No. 481 of 1964
and No. 446 of 1969)
7. (1) Every application for a licence to possess dangerous petroleum Application for
shall be in writing and shall be accompanied by a plan drawn to scale, licenses to
showing the site of the installation and the design of the storage shed (if possess
any), in all respects in sufficient detail to enable the project to be fully dangerous
understood. The application shall be submitted to a licensing officer. petroleum
(2) Applications for licences for the possession of dangerous petroleum

shall specify-
(a) the description and quantity of dangerous petroleum which the

applicant desires to keep, and the manner in which it is proposed to store
it;
(b) the name and position of the premises in which it is proposed to

keep the dangerous petroleum, and whether the said premises fulfil the
conditions required by regulation 4 in so far as they are applicable to
such storage.
(As amended by No. 481 of 1964 and No. 446 of 1969)
8. Every licence for the possession of petroleum shall expire on the Expiration of
31st December of the year in which it is issued. licence
9. No person, unless he is in possession of a valid licence issued under Possession of

these Regulations, shall on any premises store dangerous petroleum valid licence
exceeding two hundred litres; and no person shall store dangerous required
petroleum for which a licence is required under these Regulations
except in the manner prescribed in these Regulations and endorsed on
the licence.
10. In addition to any penalty prescribed by the Act, a person convicted Liability for
under these Regulations may be required to pay any expenses incurred expenses
by a council in consequence of any breach of these Regulations or of the incurred
conditions of any licence issued under these Regulations committed by through breach
such person, or in consequence of the failure by him to execute any of Regulations
work directed in accordance with these Regulations to be executed by
him.
11. Every application for the renewal of a licence for the possession of Renewal of
dangerous petroleum shall be made in the same manner as an licences
application for an original licence, except that a plan need not be
submitted if it is certified that no alteration has been made to the
premises described on the original plan submitted.
12. The following fee units shall be charged per annum or for any Prescribed fees
lesser period for licences for the possession of dangerous petroleum,
namely:
(a) when the quantity to be stored exceeds two hundred litres, but
does not exceed twenty two thousand seven hundred and thirty litres,
thirty fee units;
(b) when the quantity to be stored exceeds twenty two thousand
seven hundred and thirty litres, thirty fee units for each twenty two
thousand seven hundred and thirty litres to a maximum of seventy five
fee units.
(As amended by No. 88 of 1948 and Act No. 13 of 1994)
13. Licences granted under these Regulations shall be in the forms Prescribed
prescribed in the Schedule. forms
14. Every licence granted under these Regulations may be revoked at Revocation of
any time by the Minister or by the officer who granted it, on its being licences
established to the satisfaction of the Minister or of such officer that the
licensee or any person in his employ has infringed any of the conditions
of the licence or any provision of these Regulations.
15. Dangerous petroleum shall be transported only if it is packed in Transport of

airtight tins or other vessels not easily broken, or is contained in bottles dangerous
securely corked and carefully packed so as to avoid risk of breakage. petroleum
16. (1) No dangerous petroleum in bulk shall be conveyed by road Transport of

vehicle to or from any store except in substantial and securely closed dangerous
vessels of a suitable type, and no goods of an explosive or inflammable petroleum in
character shall be carried in the vehicle at the same time that dangerous bulk
petroleum is being so conveyed; such vehicle must be certified by a
vehicle examiner as being fit for such transport.
(2) No dangerous petroleum in bulk shall be transported by road except

in accordance with a licence issued by the Road Traffic Commissioner:
Provided that motor tank lorries used exclusively for the transport of
petroleum may lawfully transport dangerous petroleum if licensed by
the Road Traffic Commissioner under this proviso. Such licence shall
expire on the 31st December of the year in which it is issued. A charge
of seventy-five fee units shall be made for a licence under this proviso,
which sum shall be additional to any licence fee payable under any other
written law for the time being in force.
(As amended by No. 481 of 1964 and Act No. 13 of 1994)
17. Any police officer or road traffic inspector in uniform may at any Powers of
time require the driver of a vehicle in which dangerous petroleum is police and road
being conveyed by road to stop and may inspect the vehicle for the traffic
purpose of ascertaining whether the provisions of these Regulations are inspectors
being complied with.
(No. 33 of 1965)
18. Nothing in these Regulations shall be deemed to relieve any person No relief from
from liability for damage caused by dangerous petroleum. liability for
damage
SCHEDULE
PRESCRIBED FORMS
(Regulation 13)
FORM 1
LICENCE TO POSSESS DANGEROUS PETROLEUM
No............................................................................. Fee
Licence is hereby granted to , for the storage in the premises
described below of litres of dangerous petroleum, subject to the
conditions prescribed by the Petroleum (General) Regulations.
This licence shall expire on the 31st December next following the date of issue hereof,
and may be renewed on application being made for this purpose.
Description of premises above referred to:
.............................................................................
Date of issue Licensing Officer
This licence is issued subject to the provisions of the Petroleum (General) Regulations,
of which the holder admits cognizance.
FORM 2
LICENCE TO TRANSPORT DANGEROUS PETROLEUM
No ....................................................................................... Fee
Licence is hereby granted to for the transport of...............................
litres of dangerous petroleum from to............................., subject to
the conditions prescribed by the Petroleum (General) Regulations.
This licence shall expire on the 31st December next following the date of issue hereof,
and may be renewed on application being made for this purpose.
.............................................................................
Date of issue Road Traffic Commissioner
This licence is issued subject to the provisions of the Petroleum (General) Regulations, of
which the holder admits cognizance.
CHAPTER 436
THE ENERGY REGULATION ACT
PART I
PRELIMINARY
Section
1. Short title
2. Interpretation
PART II
THE ENERGY REGULATION BOARD
3. Establishment of the Board

3A. Executive Director
4. Secretary and other staff of the Board
5. Inspectors
6. Functions of the Board
7. Delegation
PART III
LICENSING OF UNDERTAKINGS
8. Undertakings to be licensed
9. Applications for licences
10. Objections to licence applications
11. Determination of applications
12. Conditions of licences
13. Duration of licences
14. Licences not transferable except with Board's consent
15. Revocation of licence or refusal of renewal
16. Appeal
PART IV
OTHER POWERS OF THE BOARD
17. Direction to cease operation of unlicensed undertaking

18. Powers of inspectors
19. Obstruction of inspector
PART V
FINANCIAL PROVISIONS
Section
20. Funds of the Board
21. Application of licence fees, etc.
22. Financial year
23. Accounts
24. Annual report
PART VI
MISCELLANEOUS
25. Unauthorised publication or disclosure of information

26. Serving of notice
27. Regulations
28. Savings and transitional provisions
29. Repeal of Act No. 13 of 1980 and Cap. 813 of the old edition
CHAPTER 436
ENERGY REGULATION 16 of 1995

23 of 2003
An Act to establish an Energy Regulation Board and to define its

functions and powers; to provide for the licensing of undertakings for
the production of energy or the production or handling of certain fuels;
to repeal the National Energy Council Act and the Zambia Electricity
Supply Act; and to provide for matters connected with or incidental to
the foregoing.
[28th April, 1995]
PART I
PRELIMINARY
1. This Act may be cited as the Energy Regulation (Amendment) Act, Short title
2003, and shall be read as one with the Energy Regulation Act, in this
Act referred to as the principal Act. Cap 436

"Board" means the Energy Regulation Board established under section
three;
"common carrier" means-
(a) an electricity transmission or distribution line declared as a
common carrier under the Electricity Act; Cap. 433
(b) a pipeline for the conveyance of crude oil, petroleum products or
natural gas; and
(c) any other facility, installation or structure, used for the
processing, storage or conveyance of energy or fuel, that the Minister,
by statutory instrument, prescribes;
"energy" means-
(a) electrical energy, however produced;
(b) nuclear, solar and wind energy; and
(c) energy produced by any other means that the Minister, by
statutory instrument, prescribes;
"fuel" means-
(a) petroleum and petroleum products;
(b) coal and its derivatives;
(c) Deleted by Act no. 23 of 2003
(d) uranium or other nuclear fuel;
"inspector" means a person appointed under section four to be an

inspector for the purposes of this Act;
"undertaking" means any commercial undertaking, whether public or
private, for-
(a) the production, generation, transmission, distribution or supply
of energy;
(b) the production, refining, transportation, storage or supply of
fuel; or
(c) the manufacture, distribution or supply of equipment used for
any activity mentioned in paragraph (a) or (b), other than any such
equipment-
(i) designed for ordinary household use;
(ii) of a design or type prescribed by the Minister on
recommendation of the Board by statutory instrument; or
(iii) designed or used for a purpose, or in such circumstances, as may
be so prescribed;
but does not include an undertaking which the Minister on the
recommendation of the Board, by statutory instrument, declares not to
constitute an undertaking for the purposes of this Act.
PART II
THE ENERGY REGULATION BOARD
3. (1) There shall be an Energy Regulation Board, which shall be a Establishment of

body corporate with perpetual succession and a common seal, capable the Board
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.
(2) The provisions of the Schedule shall apply in respect of the Board
and its members.
3A. (1) The Board shall appoint an Executive-Director of the Board who Executive-Director
shall be the Chief Executive Officer of the Board and who, subject to the
general or special direction of the Board, shall be responsible for the day
to day administration of the Board.
(2) The terms and conditions of service of the Executive-Director shall

be determined by the Board with the approval of the Minister.
(3) The Executive-Director shall attend meetings of the Board and may
attend meetings of any committee of the board and may address such
meetings, but shall not vote on any matter.
(4) The Chairperson or any person presiding at any meeting of the Board
may request the Executive-Director to withdraw from any meeting of
the Board.
4. (1) There shall be a Secretary to the Board who shall be appointed Secretary and staff
on such terms and conditions as the Board may, with the approval of the of the Board
Minister, determine.
(2) The Secretary shall, subject to the general supervision of the

Executive Director perform such duties as the Board may determine.
(3) The Board may appoint, on such terms and conditions as it may, with
the approval of the Minister, determine, such other staff as it considers
necessary for the performance of its functions under this Act.
5. (1) In order to ensure compliance with the provisions of this Act, a Inspectors
sufficient number of persons shall be appointed under section four as
inspectors for the purposes of this Act.
(2) Every inspector shall be provided with a certificate of appointment

containing such particulars as the Board may determine, 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.
6. (1) The Board shall- Functions of the

Board
(a) monitor the efficiency and performance of undertakings, having

regard to the purposes for which they were established;
(b) receive and investigate complaints from consumers on price

adjustments made, or services provided, by any undertaking, and
regulate such adjustments and services by the attachment of appropriate
conditions to licences held by undertakings;
(c) receive and investigate complaints concerning the location or
construction of any common carrier or any energy or fuel facility or
installation or the carrying out of any works by any undertaking, and
regulate such location and construction by the attachment of appropriate
conditions to licences held by undertakings;
(d) in conjunction with the Zambia Competition Commission Cap. 417

established by the Competition and Fair Trading Act, monitor the levels
and structures of competition within the energy sector with a view to
promoting competition and accessibility to any company or individual
who meets the basic requirements for operating as a business in Zambia;
(e) in conjunction with the Zambia Standards Bureau established by Cap. 416
the Standards Act, design standards with regard to the quality, safety
and reliability of supply of energy and fuels;
(f) in conjunction with other Government agencies, formulate

measures to minimise the environmental impact of the production and
supply of energy and the production, transportation, storage and use of
fuels and enforce such measures by the attachment of appropriate
conditions to licences held by undertakings; and
(g) make recommendations to the Minister as to the measures to be

taken through regulations to be made under this Act.
(2) The Board shall have and may exercise and perform such other
powers and functions as are conferred or imposed on it by or under this
Act or any other written law.
7. The Board may, by instrument in writing, delegate to a person for the Delegation
time being holding or acting in a specified position in the staff
establishment of the Board, or to any committee of the Board, the
exercise of such of the functions of the Board as are specified in the
instrument.
PART III
LICENSING OF UNDERTAKINGS
8. (1) A person shall not establish or operate an undertaking except in Undertakings to be
accordance with this Act and under the authority of a licence issued licensed
under this Act.
(2) A person who establishes or operates an undertaking in

contravention of this section commits an offence and shall be liable,
upon conviction, to a fine not less than fifty thousand penalty nits but
not exceeding five hundred thousand penalty units, or to imprisonment
for a term of not less than six months but not exceeding seven years, or
to both the fine and imprisonment.
9. (1) Any person may apply to the Board for a licence to establish and Applications for
operate an undertaking. licences
(2) An application for a licence shall be in such form, and shall be

accompanied by such application fee, as may be prescribed by the
Minister, by statutory instrument, on the recommendation of the Board.
(3) The Board shall first determine whether, in its opinion, after
according the applicant an opportunity to be heard there is any reason
why the application should, in the public interest, be rejected without
further proceedings under this section.
(4) Except where the Board decides to reject the application in the
public interest, the Board shall cause a notice to be published in the
Gazette-
(a) indicating the receipt of each licence application and giving a
description of the nature and location of the proposed undertaking;
(b) informing members of the public that the application may be
inspected at the offices of the Board; and
(c) inviting any member of the public who objects to the granting of
the licence, whether on personal, environmental or other grounds, to
lodge an objection with the Board within a time, being not less than
thirty days, limited by the notice.
(5) The Board shall allow any person to inspect, or furnish any person
with a copy of, an application for a licence, on payment by the person of
such fee as may be prescribed by the Minister by statutory instrument in
respect of the costs of such inspection or the production of such a copy.

10. (1) An objection to the grant of a licence shall be made in such form Objections to
and shall be accompanied by such objection fee, as may be prescribed licence
by Minister, by statutory instrument, on the reccomendation of the applications
Board.
(2) An objector shall be entitled to lodge such written submissions and

evidence as the objector desires to furnish in support of the objection.
(3) The objection, and any supporting documentation, shall be rejected

if it is not lodged within the time allowed by the notice published under
section nine in relation to the application:
Provided that the Board, at any time before granting a licence in

pursuance of the application, may at its discretion entertain an objection
made out of time.
(4) The Board shall furnish the applicant for the licence with particulars
of any objection made to the grant of the licence, and the applicant may,
if he or she so desires, reply to the objection in writing addressed to the
Board.
11. (1) In determining any application for a licence, the Board shall Determination of
take into account- applications
(a) the extent to which the public interest will be served by the
undertaking to which the application relates; and
(b) the merits of any objection made to the grant of a licence in
pursuance of an application.
(2) The Board may, if it thinks fit, convene a meeting with the applicant
and any objectors to discuss the application; and if the number of
objectors is large, or if the Board considers that the circumstances
warrant such action, the meeting so convened may be opened to the
public, but in either case the procedure at any such meeting shall be as
the Board may, in its absolute discretion, determine.
(3) The Board may grant or refuse to grant the licence; and where it
decides to grant the licence, the Board shall notify the applicant of the
conditions to be attached to the licence.
(4) Where the Board refuses to grant a licence under subsection (3) the
Board shall, within fourteen days of making the decision, notify the
applicant of the decision stating the reasons for the refusal to grant the
licence.
(5) Any person who is aggrieved by any refusal of the Board to issue a
licence may appeal to the High Court within thirty days of receiving the
notification.
12. (1) A licence is subject to such conditions as may be imposed by the Conditions of
Board and specified in the licence when it is granted or when it is varied licences
in accordance with subsection (3).
(2) The conditions of a licence may include conditions-

(a) requiring the payment to the Board of a fee on grant of the
licence and of annual or other periodic licence fees:
Provided that no such fee shall exceed zero point eight per centum of the
annual turnover of the undertaking, except with the consent of the
Minister;
(b) making provision with respect to the fees and and charges
imposed in respect of energy, fuel or any service to be proved in the
course of the licensed undertaking, and the adjustment of such fees and
charges;
(c) requiring the publication by the licensee of notices specifying
the method of calculating or otherwise determining any charges referred
to in paragraph (b);
(d) requiring the licensee or any other person concerned in the
undertaking authorised by the licence to furnish to the Board, in such
manner and at such times as the Board may reasonably require,
documents, accounts, returns, estimates and other information that the
Board requires for the purposes of exercising or performing its powers
and functions under this Act;
(e) requiring the licensee not to show undue preference to, or
exercise undue discrimination against, particular persons or persons of
any class or description (including persons in rural areas) as regards any
aspect of the provision of energy, fuel or any service under the licence;
(f) requiring the licensee to obtain the approval of Board with
respect to the location and construction and decommissioning of
common carriers, facilities, plant or installation to be used for the
purposes of the undertaking or other specified matters;
(g) requiring the licensee to refer specified matters to the Board for
determination;
(h) requiring the licensee to comply with directions given by the
Board from time to time in relation to specified matters;
(i) providing for arbitration of disputes arising in connection with
the terms and conditions of, or otherwise concerning, the licence; and
(j) requiring and regulating the payment of fines and penalties by
the licensee for breaches of any or any specified terms and conditions of
the licence.
(3) Where a licensee has on repeated occasions breached the conditions

of the licence, or has been the subject of such complaints by the
consumers of any commodity or service provided by the licensee in the
course of its undertaking as in the opinion of the Board, to warrant
action under this section, the Board by notice in writing to the licensee,
may vary the conditions of the licence or attach new conditions to the
licence.
13. Subject to this Act, a licence remains in force for the period Duration of
specified in the licence and may be renewed on its expiry on payment to licences
the Board of such fee as may be determined by or under the conditions
of the licence or, in default of such determination, as the Minister may,
by statutory instrument prescribe.
14. (1) Any purported transfer of a licence shall be void and of no effect Licences not
unless the consent thereto of the Board was first obtained. transferable except
with Board's
consent
(2) The Board shall consent to any such transfer unless it has reason to
believe that the public interest is likely to be prejudiced by the
transaction.
(3) In this section "transfer" means any sale, lease mortgage, charge or
other assignment, demise or encumbrance.
15. (1) For the purposes of this section, a licensee is in default if the Revocation of
licensee- licence or refusal
of renewal
(a) has on repeated occasions contravened the provisions of this Act
or conditions of the licence;
(b) has at any time contravened a condition of the licence that is
expressed in the licence to be a condition whose contravention may
result in revocation or suspension of the licence; or
(c) has been the subject of such complaints by the public as in the
opinion of the Board, to warrant action under this section.
(2) Where a licensee is in default, the Board, with the consent of the
Minister, may-
(a) by notice in writing to the licensee, revoke the licence; or
(b) refuse to renew the licence on its expiry.
(3) The Board may, with the consent of the Minister, refuse to renew a
licence if the Board is of the opinion that the service provided under the
licence is no longer necessary in the public interest.
(4) A licence shall not be revoked, nor shall its renewal be refused nor
its conditions be varied, without giving the licensee an opportunity to be
heard.
16. (1) Any person who is aggrieved by the revocation of a licence, or Appeal
by the Board's refusal a renew, may appeal to the High Court within
thirty days of receiving notification of the revocation of, or the Board's
refusal to renew, a licence.
(2) Due lodgement of an appeal shall stay any revocation against which
the appeal is brought, pending the outcome of the appeal, and in the case
of a refusal of renewal, the licence if expired shall be deemed to have
been renewed on the same terms and conditions pending that outcome.
PART IV
OTHER POWERS OF THE BOARD
17. (1) Where an undertaking is being operated in contravention of this Direction to cease
Act, the Board may, by notice served on the operators of the operation of
unlicensed
undertaking, direct them to take, within a reasonable time limited by the undertaking
notice, all necessary steps to cease operations, and to dismantle, to the
satisfaction of the Board, any plant and equipment used for the purposes
of the undertaking.
(2) Where a direction given under this section is not complied with, the
Board by its servants or agents may enter into the place where the
undertaking is being operated and so cause the direction to be carried
out.
(3) The costs to the Board of any action under subsection (2) are
recoverable, as a debt due to the Board, in any court of competent
jurisdiction.
18. (1) For the purposes of this Act, an inspector may, at any reasonable Powers of
time, enter any area, place or premises that the inspector reasonably inspectors
believes is used for the purposes of, or in connection with, an
undertaking, including any area, place or premises believed to be used
only for the storage of equipment or for the keeping of any accounts,
documents or records relating to such an undertaking:
Provided that this section shall not be taken to authorise entry into any
premises or part thereof that is being used as a private dwelling except
with the consent of the occupant or under the authority of a warrant
issued in accordance with law.
(2) An inspector who enters an area, place or premises under this

section shall have full and free access to any plant, equipment storage
area and facility therein.
(3) The owner or person in charge of any area, place or premises

referred to in subsection (1) and any person found there shall give an
inspector reasonable assistance for the purpose of the exercise of the
inspector's powers under this Act.
(4) Without limiting the generality of the foregoing provisions of this

section, the inspector may-
(a) direct the person in charge to produce for inspection any
substance or articles manufactured, produced or stored on the premises,
or any books, accounts or records kept there;
(b) take samples of any such substance or articles, and make copies
of or take extracts from any such book, account or record;
(c) inspect machinery, equipment, appliances, meters, fittings, and
apparatus; and
(d) inspect any common carrier, facility, plant or installation.
19. A person who- Obstruction of

Inspector
(a) wilfully 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
powers under this Act; or
(c) knowingly or negligently gives an inspector false or misleading
information in answer to any inquiry made by the inspector;
commits an offence and shall be liable on conviction to a fine of not less
than twenty thousand penalty units but not exceeding one hundred
thousand penalty units, or to imprisonment for a term of not less than
one month but not exceeding five years, or to both the fine and
imprisonment.
PART V
20. (1) The funds of the Board shall consist of such moneys as may- Funds of the Board
(a) be appropriated by Parliament for the purposes of the Board;

(b) be paid to the Board by way of grants or donations; and
(c) vest in or accrue to the 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;
Provided that the Board shall-
(i) not receive grants or donations from any undertakings or its
associates; and
(ii) disclose, by Gazette notice, information of any grants or donations
recieved under this section.
(b) subject to the approval of the Minister, raise by way of loans or
otherwise such moneys as may be required for the discharge of the
functions of the Board; and
(c) charge and collect fees in respect of programmes, seminars and
other services provided by the Board.
(3) There shall be paid from the funds of the Board-

(a) grants which have been received by the Board for the purposes
of any particular organisation or any branch of any organisation;
(b) allowances of the members of the Board;
(c) salaries of the full-time members of the Board;
(d) salaries, loans and other costs of the staff of the Board; and
(e) any other expenses incurred by the Board in the performance of
the Board's functions.
21. (1) Amounts payable as fees under this Act shall be paid to the Application of
general revenues of the Republic. licence fees, etc.
(2) Moneys paid to the general revenues under this section shall be
applied to the development of the energy sector in Zambia.
22. The financial year of the Board shall be the period of twelve Financial year
months ending on 31st December in each year.
23. (1) The Board shall cause to be kept proper books of account and Accounts
other records relating to its financial affairs.
(2) The accounts of the Board for each financial year shall be audited by
auditors appointed by the Board with the approval of the Minister.
24. (1) As soon as practicable, but not later than six months after the Annual report
expiry of each financial year, the Board shall submit to the Minister a
report concerning the activities of the Board during that financial year.
(2) The report shall include information on the financial affairs of the
Board, and there shall be appended to the report-
(a) an audited balance sheet;
(b) an audited statement of income and expenditure; and
(c) such other information as the Minister may require.
(3) The Minister shall, not later than twenty-one days after the first
sitting of the National Assembly next after the receipt of the report, lay it
before the National Assembly.
PART VI
MISCELLANEOUS
25. (1) Except as required by law, or with consent in writing given by Unauthorised
or on behalf of the Board, a person shall not publish or disclose to any publication or
other person the contents of any document or communication, or any disclosure of
information
other information, which relates to, and which has come to the person's
knowledge in the course of, the performance by the person of any duty
under this Act.
(2) A person having information that has been published or disclosed to

the person in contravention of this section shall not publish or
communicate it to any other person.
(3) A person who contravenes the provisions of this section commits an

offence and shall be liable, upon conviction, to a fine not less than ten
thousand penalty units but not exceeding fifty thousand penalty units or
to imprisonment for a term not less than thirty days and not exceeding
three years, or to both the fine and imprisonment.
26. Any notice or other document required or authorised to be given Serving of notice
under this Act may be given-
(a) by delivering it to the person to whom it is directed;
(b) by leaving it at the usual or last known place of abode of that
person;
(c) by sending it in a prepaid registered letter addressed to that
person at the person's usual or last known place of abode, place of
business or postal address;
(d) in the case of a company, by delivering it to the secretary of the
company at its registered or principal office, or by sending it in a prepaid
registered letter addressed to the secretary of the company at that office;
or
(e) where-
(i) he notice is to be given to a person in the person's capacity as the
holder of any interest in land; or
(ii) it is not practical, after reasonable inquiry, to ascertain the
person's name or address;
by addressing the notice to the person having that interest in the
premises (specifying the premises and the interest concerned) and by
delivering it to some person on the premises, or if there is no person on
the premises to whom it can be delivered, by affixing it, or a copy of it,
to some conspicuous part of the premises.
27. (1) The Minister may, by statutory instrument, make regulations for Regulations
or with respect to any matter that by this Act is required or permitted to
be prescribed, or that is necessary or expedient to be prescribed for
carrying out or giving effect to this Act.
(2) Without limiting the generality of subsection (1), regulations may

provide for the following matters:
(a) the form and manner of making applications for licences and of
objections thereto and the fees payable on any such application or
objection;
(b) standards with regard to the quality, safety and reliability of
supply of energy and fuels and related installations;
(c) securing the safety of the public from personal injury or damage
to property arising from the production, transmission, transportation,
transformation, storage, distribution, supply or use of energy or fuel;
(d) reporting of and inquiries into accidents involving the operation
of any undertaking or associated plant, equipment or vehicles:
Provided that, in the application of any regulations under this section to Cap. 433
an undertaking for the generation, transmission, distribution or supply
of electricity, such regulations shall have effect subject to the provisions
of the Electricity Act, and the regulations made thereunder.
(3) Regulations made under the provisions of this Act may provide that
persons offending against the regulations shall be liable to a fine of not
less than three thousand penalty units but not exceeding one hundred
thousand penalty units.
(4) In exercise of the powers conferred by this section, the Minister may
provide for different regulations to apply to different undertakings or
consumers or to different classes of undertakings or consumers.
28. (1) Any undertaking that was lawfully being operated- Savings and
transitional
provisions
(a) immediately before the commencement of this Act, under a
statutory licence or other statutory authority that was issued in
pursuance of an application made before the date referred to in
paragraph (b); or
(b) immediately before the date on which the Bill for this Act was
introduced into the National Assembly;
may continue to be operated after this Act comes into force without a
licence under this Act:
Provided that:
(i) where, before the commencement of this Act, the undertaking
was operated under a statutory licence or other statutory authority, that
licence or authority shall be deemed to be a licence under this Act; and
(ii) where, before the commencement of this Act, the undertaking
was lawful without any licence or authority, the undertaking may be
operated without a licence under this Act only for so long as it remains
in the same ownership.
29. (1) The National Energy Council Act, 1980 is hereby repealed. Repeal of Act No.
13 of 1980 and
Cap. 813 of the old
edition
(2) The Zambia Electricity Supply Act is hereby repealed.
SCHEDULE
(Section 3)
ADMINISTRATION OF BOARD
1. (1) The seal of the Board shall be such device as may be Seal of Board
determined by the Board 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 any
other person authorized in that behalf by a resolution of the
Board.
(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 Board by the Executive Director or any other person
generally or specifically authorized by the Board in that behalf.
(4) Any document purporting to be a document under the seal of

the Board or issued on behalf of the Board shall be received in
evidence and shall be deemed to be so executed or issued, as the
case may be, without further proof, unless the contrary is proved.
2. (1) The Board shall consist of seven part-time members

appointed by the Minister from among eminent persons who have
adequate knowledge, experience and qualifications in-
(a) engineering;
(b) finance;
(c) law;
Composition of
(d) natural resources management; the Board
(e) electricity industry;
(f) petroleum industry and;
(g) administration.
(2) For the purposes of subsection (1) a person is eminent if the

person has attained recognition in the person’s profession or
office.
(3) The Chairperson and the Vice Chairperson shall be elected by

the members from among their number.
(4) A person shall not be appointed as a member of the Board if

that person-
(a) is an undischarged bankrupt;
(b) has been convicted of an offence involving fraud or

dishonesty;
(c) has been convicted of an offence under this Act or any other
written law and sentenced to a term of imprisonment of not less
than six months, without the option of a fine;
(d) is an office bearer or employee of any political party; or
(e) is the holder of a licence or has any interest in a licence or in

a partnership or corporation that is a holder of a licence.
3. (1) Subject to the other provisions of this Act, a member of the

Board shall hold office for a period of three years from the date of
appointment and shall be eligible for re-appointment for one
further term of three years.
(2) A member may resign upon giving one month’s notice, in

writing, to the Chairperson and to the Minister.
(3) The office of the member shall become vacant-
(a) upon the member’s death;

(b) if the member is absent without reasonable excuse from three
consecutive meetings of the Board of which the member has had
notice;
(c) if the member acquires a licence in the energy sector;
(d) if the member becomes mentally or physically incapable of

performing the duties of a member of the Board; or
(e) of the member is declared bankrupt.
Tenure of office
(4) On the expiration of the period for which a member is
and vacancy
appointed the member shall continue to hold office until a
successor has been appointed but in no case shall the further
period exceed three months.
4. 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 office but that
member shall hold office only for the unexpired part of the term.
5. (1) Subject to the other provision of this Act, the Board may
regulate its own procedure.
(2) The Board shall meet for the transaction of business at least
once every three months at such places and times and the
Chairperson may determine.
(3) The Chairperson may, upon giving notice of not less than
fourteen days, call a meeting of the Board and shall call a special
meeting to be held within fourteen days of receipt of a written
request to the Chairperson by at least two members of the Board.
(4) If the urgency of any particular matter does not permit the
giving of such notice as is required under subparagraph (3), a
special meeting may be called by the Chairperson, upon giving a
shorter notice.
(5) Four members of the Board shall form a quorum at any

meeting of the Board.
(6) There shall preside at any meeting of the Board-
(a) the Chairperson;
(b) in the absence of the Chairperson, the Vice Chairperson; or
(c) in the absence of the Chairperson and the Vice Chairperson Filing of casual
such member as the members present may elect for the purpose vacancy
of that meeting.
(7) A decision of the Board on any question shall be by a majority

of the members present and voting at the meeting and in the
event of an equality of votes, the person presiding at the meeting
shall have a casting vote in addition to the deliberative vote.
Proceedings of
(8) The Board may invite any person, whose presence is in its Board
opinion desirable, to attend and to participate in the deliberations
of the meeting of the Board but such person shall have no vote.
(9) The validity of any proceedings, act or decision of the Board

shall not be affected by any vacancy in 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. (1) The Board may, for the purpose of performing its functions
under this Act, constitute such committees as it considers
necessary and may delegate to any committee such of its
functions as it considers fit.
(2) The Board may appoint as members of a committee, person

who are, or are not members of the Board, except that at least
one member of a committee shall be a member of the Board.
(3) A person serving as a member of a committee shall hold office

for such period as the Board may determine.
(4) Subject to any specific or general direction of the Board, a

committee may regulate its own procedure.
7. The members of the Board or any committee shall be paid such

allowances as the Board may, with the approval of the Minister,
determine.
8. (1) If a member or person is present at a meeting of the Board

or any committee of the Board at which any matter is the subject
of consideration and in which matter the member or person or
the member or person’s spouse is directly or indirectly interested
in a private capacity, the member or person shall as soon as is
practicable after the commencement of the meeting, declare
such interest and shall not, unless the Board or the committee
otherwise directs, take part in any consideration or discussion of,
or vote on, any question touching that matter.
(2) A declaration of interest made under subparagraph (1) shall

be recorded in the minutes of the meeting at which it is made.
9. (1) A person shall, not without the consent in writing given by,
or on behalf of, the Board, publish or disclose to any person
otherwise than in the course of duties, the contents of any
document, communication, or information which relates to, and
which has come to the person’s knowledge in the course of the
person’s duties under this Act.
(2) Any person who knowingly contravenes the provisions of

subparagraph (1) commits an offence and shall be liable, upon
conviction, to a fine not exceeding ten thousand penalty units or
to imprisonment for a period not exceeding three months, or to
both.
Committees of
Board
Allowances for
members
Disclosure of
interest
Prohibition of
disclosure of
information
CHAPTER 437
THE HIGHER AUTHORITY FOR POWER (SPECIAL
PROVISIONS) ACT
Section
1. Short title
2. Interpretation
3. Constitution of Higher Authority
4. Certificate under hand of Minister
5. Act to cease to have effect
CHAPTER 437
HIGHER AUTHORITY FOR POWER 41 of 1970

(SPECIAL PROVISIONS)
An Act to provide for the membership of the Higher Authority for

Power constituted by the Federation of Rhodesia and Nyasaland
(Dissolution) Order in Council, 1963.
[1st October, 1970]
1. This Act may be cited as the Higher Authority for Power (Special Short title
Provisions) Act.
"the amending Order" means the Southern Rhodesia (Higher Authority

for Power) Order, 1970, an Order in Council of the United Kingdom of
Great Britain and Northern Ireland, made on the 12th June, 1970;
"the Higher Authority" means the Higher Authority for Power

constituted by the principal Order;
"the principal Order" means the Federation of Rhodesia and Nyasaland App. 1
(Dissolution) Order in Council, 1963.
3. (1) For so long as this Act is in force and notwithstanding anything to Constitution of
the contrary contained in the principal Order, the Higher Authority shall Higher Authority
consist of four members of whom two shall be Ministers of the
Government of Zambia appointed by the Government of Zambia and
two shall be persons appointed under the amending Order.
(2) The persons appointed under the amending Order shall hold office
upon such terms and for such period as may be provided by or under the
amending Order.
4. A certificate under the hand of the Minister certifying that any Certificate under
person named therein is, or was on any specified date, a member of the hand of Minister
Higher Authority shall be received in all proceedings as conclusive
proof of the matters certified therein.
5. (1) The provisions of this Act shall cease to have effect upon such Act to cease to
date as the Minister may, by statutory instrument, notify. have effect
(2) The provisions of section fourteen of the Interpretation and General Cap. 2
Provisions Act shall apply when this Act ceases to have effect as they
apply when a written law repeals another written law.
CHAPTER 438
THE QUANTITY SURVEYORS ACT
PART I
PRELIMINARY
Section
1. Short title
2. Interpretation
PART II
QUANTITY SURVEYORS REGISTRATION BOARD
3. Establishment of Board
4. Seal of Board
5. Functions of Board
6. Composition of Board
7. Appointment of members of Board
8. Tenure of Office
9. Remuneration and allowances
10. Proceedings of Board
11. Chairman and Vice-Chairman
12. Committees of Board
13. Disclosure of interest
PART III
REGISTRATION OF QUANTITY SURVEYORS
14. Registrar
15. Application for registration as a quantity surveyor
16. Issue of certificate
17. Register
18. Qualification for registration as a quantity surveyor
19. Certificate of registration
20. Effect of registration
21. Effect of non-registration
22. Change of address
23. Annual subscription
PART IV
DISCIPLINARY PROCEEDINGS
24. Reprimand, suspension or expulsion

25. Procedure before reprimand, suspension or expulsion
26. Circumstances when registered quantity surveyor deemed to
have ceased to be registered quantity surveyor
27. De-registration of quantity surveyors
28. Surrender of certificate
29. Appeals
PART V
GENERAL
30. Regulations
CHAPTER 438
QUANTITY SURVEYORS Act No.

37 of 1995
An Act to establish a Quantity Surveyors Registration Board; to provide

for the registration of quantity surveyors and to provide for matters
connected with or incidental to the foregoing.
[29th December, 1995]
PART I
PRELIMINARY
1. This Act may be cited as the Quantity Surveyors Act. Short title
"Board" means the Board established by section three;
"Chairman" means the Chairman appointed under section eleven;
"committee" means a committee of the Board;
"foreign firm" means a firm in which the majority of the partners are
non-Zambian;
"Institute" means the Surveyors Institute of Zambia registered under the Cap. 119
Societies Act;
"member" means a member of the Board or a committee;
"registered quantity surveyor" means a person registered as a quantity

surveyor under this Act;
"Registrar" means the Registrar appointed under section fourteen; and
"Vice-Chairman" means the Vice-Chairman elected under section

eleven.
PART II
QUANTITY SURVEYORS REGISTRATION BOARD

3. There is hereby established a Quantity Surveyors Registration Establishment of
Board which shall be a body corporate with perpetual succession and a Board
common seal, 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.
4. (1) The seal of the Board shall be such device as the Board may Seal of Board
determine and shall be kept by the Registrar.
(2) The affixing of the seal shall be authenticated by the Chairman or

the Vice-Chairman and the Registrar or one other member authorised in
that behalf by a resolution of the Board.
(3) Any document purporting to be a document under the seal of the

Board or issued on behalf of the Board shall be received in evidence and
shall be deemed to be executed or issued, as the case may be, by the
Board without further proof, unless the contrary is proved.
5. The functions of the Board shall be to- Functions of Board
(a) maintain and improve the status of quantity surveyors in

Zambia; and
(b) consider allegations of conduct contrary to the profession of a
quantity surveyor.
6. (1) The Board shall be composed of the following members: Composition of

Board
(a) three registered quantity surveyors employed by the

Government;
(b) three registered quantity surveyors in private practice;
(c) two registered quantity surveyors employed by a contractor; and
(d) a representative of the Attorney-General, who shall be

nominated by the Attorney-General.
(2) In this section "contractor" means a company which, or an
individual who, carries out the construction of structures such as
buildings, bridges, roads and such other similar infrastructures.
7. The members of the Board except the member referred to in Appointment of

paragraph (d) of subsection (1) of section six, shall be nominated by the members of Board
Institute and shall be appointed by the Minister.
8. (1) A member shall hold office for a period of three years from the Tenure of office
date of his appointment and shall be eligible for re-appointment for
further period of three years.
(2) A member may resign from the Board upon giving one month's
notice, in writing, to the Minister.
(3) The office of a member shall become vacant-
(a) upon the member's death;
(b) if the member is absent without reasonable excuse from three

consecutive meetings of the Board of which the member has had notice;
(c) on ceasing to be a registered quantity surveyor; or
(d) if he is declared bankrupt.
9. A member shall be paid such remuneration or allowances as the Remuneration and

Board may determine. allowances
10. (1) Subject to the other provisions of this Act, the Board may Proceedings of
regulate its own procedure. Board
(2) 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.
(3) 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 any
defect in the appointment of any member or by reason that any person
not entitled so to do took part in the proceedings.
(4) The Board shall cause to be kept minutes of the proceedings of

every meeting of the Board and of every committee established by the
Board.
11. (1) There shall be a Chairman who shall be appointed by the Chairman and
Minister from amonst the members. Vice-Chairman
(2) There shall be a Vice-Chairman who shall be elected by the Board

from amongst its members.
(3) The Board shall meet for the transaction of business at least four
times in any calendar year at such places and times as the Chairman may
determine.
(4) A meeting of the Board may be called by the Chairman upon giving
notice of not less than fourteen days and shall be so called if not less than
three members of the Board 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
shorter notice.
(5) Five members shall form a quorum at any meeting of the Board.
(6) There shall preside at any meeting of the Board-
(a) the Chairman; or
(b) in the absence of the Chairman, the Vice-Chairman; or
(c) in the absence of both the Chairman and Vice-Chairman, such

member as the members present may elect from amongst themselves for
the purpose of that meeting.
(7) A decision of the Board on any question shall be by a majority of the

members present and voting at the meeting and, in the event of an
equality of votes, the person presiding shall have a casting vote in
addition to his deliberative vote.
12. (1) The Board may, for the purpose of performing its functions Committees of
under this Act, establish committees and delegate to any committee Board
established such of its functions as it considers fit.
(2) The Board may appoint as members of a Committee established

under subsection (1), persons who are, or are not, members of the Board
and such persons shall 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.
13. (1) If any person is present at a meeting of the Board or a committee Disclosure of
at which any matter is the subject of consideration and in which matter interest
that person or his spouse is directly or indirectly interested in a private
capacity, he shall as soon as practicable after the commencement of the
meeting, disclose such interest and shall not, unless the Board otherwise
directs, take part in any consideration or discussion of, or vote on, any
question touching the matter.
(2) A disclosure of interest made under subsection (1) shall be recorded

in the minutes of the meeting at which the disclosure is made.
PART III
REGISTRATION OF QUANTITY SURVEYORS
14. There shall be a Registrar of Quantity Surveyors who shall be Registrar

appointed by the Board.
15. (1) An application for registration as a quantity surveyor shall be Application for
submitted to the Registrar in the prescribed form. registration as a
quantity surveyor
(2) On receipt of an application under subsection (1) the Registrar may,

within thirty days, carry out any investigation, or require any further
information to be submitted to him, as he considers necessary.
(3) An application for registration as a quantity surveyor shall be

accompanied by-
(a) a registration fee; and
(b) a certificate of the relevant academic qualifications.
(4) A foreign firm may operate in Zambia if it is registered by the

Board, in joint venture with a Zambian quantity surveying firm.
16. The Board shall issue a person with a certificate of registration as a Issue of certificate
quantity surveyor.
17. (1) The Registrar shall keep a register in which the name of a Register
person who registers his name under section fifteen shall be entered.
(2) The register referred to in subsection (1) shall show against the
name of the person whose name is entered in it such particulars as the
Board considers necessary, and the Board shall enter in the register all
changes in relation to those particulars.
18. (1) A person shall not be registered as a quantity surveyor unless Qualification for
he- registration as a
quantity surveyor
(a) is at the date of his application for registration, resident in
Zambia;
(b) has attained the age of twenty-one years; and
(c) holds a Bachelor of Science Degree in quantity surveying,
building economics and measurement or other equivalent qualifications
approved by the Board; or
(d) has completed at least five years of a professional course from a
university recognised by the Commonwealth Association of Surveying
and Land Economy (CASLE).
(2) in addition to the qualifications referred to in subsection (1), a

person shall-
(a) have completed two years of post graduate practical experience

in full-time employment under the supervision of a registered quantity
surveyor, one year of which shall be in private practice or Government
employment and has been keeping a diary on a day-to-day basis on the
person's work which diary shall be signed by the supervising registered
quantity surveyor; or
(b) hold qualifications equivalent to those in paragraph (c) of

subsection (1), have had not less than three years' working experience as
a quantity surveyor outside Zambia, and have worked for a period of not
less than twelve months in Zambia under the supervision of a registered
quantity surveyor in private practice or Government.
(3) Where a firm is registered by the Board, that firm shall file with the
registrar, a memorandum of practice signed by all the partners stating-
(a) the names and qualifications of each partner;
(b) the nationality of partners;
(c) the name of the firm; and
(d) the address of the registered office, the postal address, the
telephone and facsimile number of the firm.
19. The Board shall issue a certificate of registration to every person Certificate of
registered under this Act. registration
20. Every person registered under this Act shall be entitled to use the Effect of
title "registered quantity surveyor" or the abbreviation "RQS" after his registration
name.
21. (1) A person who is not registered under this Act shall not be Effect of
entitled to use the title "registered quantity surveyor" or hold himself out non-registration
as a registered quantity surveyor.
(2) A person who contravenes subsection (1) shall be guilty of an

offence and shall be liable, upon conviction, to a fine not exceeding fifty
22. Where a registered quantity surveyor changes his address, he shall Change of address
immediately inform the Registrar, in writing, of that change.
23. Every registered quantity surveyor shall on or before the 1st July Annual
each year pay such annual subscription as the Board may determine. subscription
PART IV
DISCIPLINARY PROCEEDINGS
24. A registered quantity surveyor who conducts himself in a manner Reprimand,

contrary to his profession, or engages in any occupation which is suspension or
consistent with his profession shall be liable to reprimand, suspension or expulsion
expulsion.
25. (1) Where the Registrar finds that a registered quantity surveyor has Procedure
conducted himself in a manner contrary to his profession, the Registrar before
shall prefer that charge against that registered quantity surveyor and reprimand,
shall sign the charge. suspension or
expulsion
(2) The Registrar shall immediately after signing the charge referred to
in subsection (1), lay the charge before the Board.
(3) The Board shall examine the charge and if, in its opinion, there is a
prima facie case against the registered quantity surveyor concerned, it
shall send a copy of the charge, by registered post to the registered
quantity surveyor concerned and shall require him to answer to the
charge.
(4) The registered quantity surveyor referred to in subsection (3) shall

appear in person or through a legal practitioner before the Board.
(5) Where a registered quantity surveyor who is required to appear

before the Board fails to do so, or if the Board is not satisfied with his
answer to the charge, the Board may order that the registered quantity
surveyor concerned be-
(a) reprimanded;
(b) suspended for such period as the Board may determine; or
(c) expelled.
(6) The Board shall not order a reprimand, suspension or expulsion

unless it is made by a decision of not less than four members of the
Board present at a meeting of the Board.
26. A registered quantity surveyor whose address is unknown to the Circumstances

Registrar or whose annual subscription is at least one year in arrear, when registered
shall be deemed to have ceased to be a registered quantity surveyor and- quantity
(a) his name shall be cancelled from the Register; and surveyor
deemed to have
(b) his certificate of registration shall be cancelled immediately. ceased to be
registered
quantity
surveyor
27. (1) The Board may de-register a registered quantity surveyor if that De-registration
quantity surveyor is found guilty of an offence under this Act. of quantity
surveyors
(2) A registered quantity surveyor who is de-registered under

subsection (1) shall not be re-registered as a quantity surveyor except
after the expiration of a period of not less than three years.
28. Any registered quantity surveyor who is suspended, resigns or Surrender of
whose name is cancelled, from the register shall upon demand from the certificate
Board, immediately surrender his certificate of registration to the Board
and the Board shall, in the case of a person who-
(a) is suspended, retain his certificate during the period of
suspension of that person; or
(b) resigns, or whose name is cancelled or ordered to be cancelled
from the register, cancel that person's certificate.
29. (1) Any person aggrieved with a decision of the Board may within Appeals
90 days appeal to the Minister.
(2) If after appealing to the Minister a person is aggrieved with the

decision of the Minister, he may appeal to the High Court.
PART V
GENERAL
30. The Minister may, by statutory instrument and on the Regulations

recommendation of the Board, make Regulations for all or any of the
following purposes-
(a) the determination of conduct which is contrary to the profession
of a quantity surveyor and the determination of methods of inquiry into,
and dealing with, such conduct and the penalty which may be imposed
where a member is found guilty of each conduct;
(b) the determination of the scale of fees to be charged by quantity
surveyors for professional services rendered;
(c) prescribing fees to be paid for registration and the annual
subscriptions to be paid by registered quantity surveyors; and
(d) the suspension and de-registration of quantity surveyors.
CHAPTER 440
THE PETROLEUM (EXPLORATION AND
PRODUCTION) ACT
PART I
PRELIMINARY
Section
1. Short title
2. Interpretation
3. Title to petroleum
PART II
PETROLEUM COMMITTEE
4. Establishment of Committee and functions

5. Composition of Committee
6. Tenure of office
7. Vacancies
8. Proceedings of Committee
9. Secretary
11. Immunity of members
PART III
ADMINISTRATION
12. Administration of Act

13. Delegation of Minister's powers
14. Petroleum register
15. Inspection of register
16. Information of contracts to be submitted to Provincial Councils
PART IV
GRANT OF RIGHTS TO CONDUCT PETROLEUM
OPERATIONS
17. Right to conduct petroleum operations
18. Authority to contract
19. State participation
20. Qualifications to contract
21. Prohibitions
22. Bids
23. Blocks
PART V
TYPE AND NATURE OF CONTRACTS
24. Conditions of contract

25. Contents of contract
26. Obligations of contractor
27. Term of contract
28. Relinquishment
29. Transfers and assignments
30. Termination
31. Duty to indemnify
32. Conservation and work practices
PART VI
AREAS OF OPERATION AND SURFACE RIGHTS
33. Areas closed to petroleum operations

34. Restricted areas
35. Surface rights and compensation
36. Other minerals
PART VII
GOVERNMENT REVENUES
37. Income Tax

38. Employee taxation
39. Royalty or production payment
40. Surface rentals
41. Other fees, charges and levies
42. Exemptions
PART VIII
GENERAL PROVISIONS
Section
43. Immunity of public officers
44. Prohibition of publication or disclosure of information to
unauthorised persons
45. Disputes between State and contractor
46. Disputes between contractor and others
47. Revocation
48. Effect of revocation
49. Penalty
50. Regulations
51. Non-application of the Mines and Minerals Act
CHAPTER 440
PETROLEUM (EXPLORATION AND PRODUCTION) ACT Act No.

13 of 1985
An Act to regulate petroleum exploration, development and production 1 of 1993
in Zambia; to provide for title to and control of petroleum in Zambia; to 13 of 1994
provide for the establishment of a Petroleum Committee; to define the 15 of 1996
functions and powers of the Committee; to regulate contracts relating to
petroleum operations; and to provide for matters connected with or
incidental to the foregoing.
[12th April, 1985]
PART I
PRELIMINARY
1. This Act may be cited as the Petroleum (Exploration and Short title
Production) Act.
"Chairman" means the person designated Chairman of the Committee

by section five;
"Commercial discovery" means a discovery of petroleum which can be

exploited commercially in accordance with accepted practices in the
international petroleum industry;
"Committee" means the Petroleum Committee established by section

four;
"Contract" means any agreement between the State and a contractor

entered into pursuant to this Act for the conduct of petroleum operations
in the Republic;
"Contractor" means any person with whom the State enters into a
contract; and includes his agents, representatives and assignees;
"Contract Area" means a geographical area which is covered by a

contract; and includes the whole of, or such part or parts of, the original
area awarded to a contractor as shall remain at the disposal of such
contractor from time to time pursuant to the terms of the contract;
"Crude oil" means petroleum which is in liquid state at the well head or
gas/oil separator or which is extracted from natural gas, including any
distillate or condensate;
"Development and production period" shall be construed in accordance

with section twenty-seven;
"Exploration period" shall be construed in accordance with section

twenty-seven;
"Member" means a member of the Committee;
"Minerals" shall have the meaning assigned thereto in the Mines and Cap. 213
Minerals Act; but shall not include petroleum;
"Natural gas" means all petroleum which at atmospheric conditions of

temperature and pressure is in a gaseous state; and includes wet mineral
gas, dry mineral gas, wet gas and residue gas remaining after the
extraction, processing or separation of liquid petroleum from wet gas, as
well as non-petroleum gas or gases produced in association with liquid
or gaseous petroleum;
"Petroleum" means all natural organic substances composed of carbon

and hydrogen; and includes crude oil and natural gas, and all other
mineral substances, products, by-products and derivatives that are found
in conjunction with petroleum;
"Petroleum operations" means the operations related to the exploration,

development, extraction, production, field separation, transportation,
storage, sale or disposal of petroleum; but does not include any
transportation or other operations-
(i) beyond the point of export; or
(ii) in the case of petroleum which is processed within Zambia,

beyond the point of entry into a refinery or liquefaction or natural gas
treatment plant;
"Register" means the petroleum register maintained pursuant to section

fourteen of this Act;
"Vice-Chairman" means the person designated Vice-Chairman of the

Committee by section five.
3. (1) The entire property in and control over all petroleum and Title to
accompanying substances, in whatever physical state, located on or petroleum
under the territory of the Republic is vested exclusively in the President
on behalf of the State.
(2) Notwithstanding the provisions of subsection (1), a contract may

provide for a person to acquire property in, title to or control over any
petroleum within the Republic.
(3) The provisions of subsections (1) and (2) shall have effect
notwithstanding any rights which any other person may possess in or
over the soil on or under which petroleum is discovered.
PART II
PETROLEUM COMMITTEE
4. There is hereby established the Petroleum Committee which shall be Establishment

responsible for the formulation of policies relating to petroleum and its of Committee
development in Zambia and shall perform such other functions as are and functions
provided for under this Act.
5. The Committee shall consist of the following members: Composition of

(a) the Minister responsible for mines, who shall be Chairman; Committee
(b) four Ministers appointed by the President, one of whom shall be

designated Vice-Chairman;
(c) the Governor of the Bank of Zambia or in his absence the
Deputy Governor;
(d) not more than three other persons who shall be appointed by the
President on such terms and conditions as he may think fit.
6. (1) A member appointed under paragraph (d) of section five shall Tenure of office
hold office for a period of three years from the date of his appointment
and may be re-appointed upon the expiration of such term.
(2) A member referred to in subsection (1) may resign upon giving one
month's notice in writing to the President and may be removed by the
President at any time.
7. (1) A member shall vacate his office if he is absent from two Vacancies
consecutive meetings of the Committee without reasonable cause.
(2) Whenever the office of a member becomes vacant before the expiry
of the term specified in section six, the President may appoint another
person to be a member:
Provided that such other person shall hold office only for the unexpired
term of the person who vacates such office.
8. (1) Subject to the other provisions of this Act, the Committee may Proceedings of
regulate its own procedure. Committee
(2) The Committee shall meet, as often as is necessary to carry out its
functions, at such places and at such times as the Chairman may decide.
(3) Upon giving notice of not less than five days, a meeting of the
Committee 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 such notice, a special meeting may be called upon giving
shorter notice.
(4) Five members shall form a quorum at any meeting of the

Committee.
(5) There shall preside at any meeting of the Committee-
(a) the Chairman; or
(b) 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 the purposes of that
meeting.
(6) A decision of the Committee 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 Committee may invite any person, whose presence is in its
opinion desirable, to attend and to participate in the deliberations of a
meeting of the Committee but such person shall have no vote.
(8) The validity of any proceedings, act or decision of the Committee

shall not be affected by any vacancy in the membership of the
Committee 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 Committee shall cause minutes to be kept of the proceedings of

every meeting of the Committee.
9. (1) The Permanent Secretary in the Ministry responsible for mines Secretary
shall be the Secretary to the Committee.
(2) The Secretary shall be responsible for the day to day affairs of the
Committee under the general supervision of the Chairman.
10. (1) If a member is present at a meeting of the Committee at which Disclosure of

any matter is the subject of consideration and in which matter the interest
member or his spouse is directly or indirectly interested in a private
capacity, he shall, as soon as practicable after the commencement of the
meeting, disclose such interest and shall not, unless the Committee
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.
11. No action or other proceedings shall lie or be instituted against any Immunity of
member for or in respect of any act or thing done or omitted to be done members
in good faith in the exercise or purported exercise of his functions under
this Act.
PART III
ADMINISTRATION
12. Subject to the provisions of section four the Minister shall be Administration
responsible for the administration of this Act. of Act
13. The Minister may delegate to any public officer any of his Delegation of
functions under this Act: Minister's
powers
Provided that the Minister shall not delegate his power to enter into and
terminate or revoke any contract.
14. (1) The Minister shall cause to be maintained a register which shall Petroleum
contain the following information: register
(a) in respect of each contract entered into, the names of all persons
with whom the contract is made, the names of any assignee of any rights
under such contract and a brief description of the duration of the
exploration period, and of the contract area for such contract;
(b) copies of all instruments of approval of contracts entered into

pursuant to subsection (1) of section eighteen of this Act;
(c) the contractor's office address in the Republic and the name of its
resident representative along with a copy of the powers of attorney
establishing such representative's authority to act on behalf of the
contractor;
(d) instruments evidencing the termination, revocation or expiration

of contracts;
(e) a map of the Republic illustrating those areas currently under

contract and those which remain available for award in accordance with
this Act;
(f) instruments evidencing-

(i) the nature and extent of any areas relinquished or surrendered by
a contractor;
(ii) the establishment of a commercial discovery of petroleum, the
date of declaration thereof, the delimitation of the areas involved and the
duration of the development and production period; and
(iii) the grant of extensions to the exploration period pursuant to the
terms of the contract; and
(g) such other information as the Minister may determine.
(2) Registration shall not cure any defect in any document registered or
confer upon it any effect or validity which it would not otherwise have
had.
15. The Minister shall, on application and upon payment of the Inspection of
prescribed fee, allow inspection of the register at all reasonable times register
and shall, upon request, give copies or extracts from any entry in such
register.
16. The Minister shall forward, in such form and manner as he may Information of
determine, details of every contract and of any instrument transferring, contracts to be
approving or terminating any contract or any interest therein, as may be submitted to
entered in the register, to the Provincial Council in whose area the Provincial
contract area in question is situated. Councils
PART IV
GRANT OF RIGHTS TO CONDUCT PETROLEUM

OPERATIONS
17. (1) The State reserves the right to carry out petroleum operations Right to
either on its own or by means of contracts with any qualified person. conduct
petroleum
operations
(2) No petroleum operations shall be conducted in the Republic by any

person other than the State unless such person has entered into a contract
in accordance with this Act.
18. Subject to the other provisions of this Act, the Minister may issue Authority to
invitations for bids and, following the approval of the Committee as to contract
his selection of bidders for negotiations, may conduct negotiations and
enter into contracts:
Provided that-
(i) such contracts shall not become effective until the written
approval thereto of the Committee is obtained; and
(ii) the terms and conditions embodied in such contracts shall not be
contrary to or inconsistent with the provisions of this Act.
19. The Minister may, with the approval of the Committee, provide for State
the State's participation, directly or indirectly, in some or all stages of participation
the petroleum operations and such participation may include the right to
participate in the rights and obligations set out in a contract.
20. (1) A contract shall only be entered into with persons who Qualifications
demonstrate a proven ability to contribute the necessary funds, assets, to contract
machinery, equipment, tools and technical expertise necessary for the
effective performance of the terms and conditions of the proposed
contract.
(2) For the purpose of establishing the ability of a particular person as

described in subsection (1), the Minister may require the submission of
documentation demonstrating the expertise and technical and economic
capability of such person.
21. (1) Except as a nominee of the State, no member, employee or Prohibitions

representative of the State or public service shall, directly or indirectly,
acquire or hold any right or interest under any contract and any
instrument purporting to confer such right or interest on any such person
shall be null and void.
(2) No person shall acquire by transfer, assignment or any other means

any right or interest under any contract which he is otherwise barred
from obtaining in his own behalf under the provisions of this Act.
22. (1) Except as otherwise provided in subsection (3), the selection of Bids
contractors shall be carried out through public competitive bidding or
such other competitive procedures as may be determined by the
Minister.
(2) The Minister shall publish in the Gazette a description of the
areas for which bids are to be solicited along with the procedures and
rules relating to the submission of such bids.
(3) Notwithstanding the preceding subsections, the Minister may,

with the approval of the Committee, select contractors other than
through competitive bidding procedures in the following cases-
(a) where the technical or economic circumstances make it

advisable; or
(b) where he determines that the circumstances so require.
23. For the purposes of this Act, the territory of the Republic, or parts Blocks
thereof, shall be divided into blocks, according to a grid system, in
accordance with regulations to be prescribed by the Minister.
PART V
TYPE AND NATURE OF CONTRACTS
24. (1) Subject to the other provisions of this Act and to any other Conditions of
condition as may be specified in a contract, a contractor shall be entitled contract
for the duration of such contract to the exclusive right to carry out
petroleum operations in a contract area, and to freely lift, dispose of and
export the petroleum to which he is entitled under such contract.
(2) Except as may otherwise be provided in a contract, the contractor

shall take upon himself all the risks inherent in petroleum operations and
shall commit himself to supply exclusively for his account, the
technology, capital, equipment, machinery and all other investments
required for petroleum operations in the contract area:
Provided that-
(i) in the fulfilment of this obligation the contractor shall not have
recourse to bank credit from institutions, companies or enterprises
operating in the Republic; and
(ii) in the case of termination of a contract due to non-discovery of

petroleum, the State shall not be obliged to make any reimbursement to
the contractor with respect to the investments made.
25. Each contract shall include the following: Contents of

contract
(a) the procedures for management and control by the State of

petroleum operations;
(b) the duration of the contract;
(c) the investment and other obligations of the contractor;
(d) the requirement that a letter of guarantee be submitted by the

contractor to secure the fulfilment of the exploration obligations
undertaken;
(e) provisions regarding the sharing of revenues between the State

and the contractor, and terms as to the recovery of expenditures made by
the contractor, as applicable to the particular contract;
(f) a description of the contract area on the effective date of the

contract; and
(g) the procedure for determining the existence of a commercial

discovery and for delimiting the area involved.
26. In addition to the provisions of section twenty-five, every contract Obligations of

shall require the contractor to undertake the following obligations: contractor
(a) to employ and train Zambian nationals to the fullest extent

possible with a view to the replacement of foreign personnel as soon as
may be practicable; such training and employment to be carried out in
accordance with a programme approved by the Minister;
(b) to maintain, and furnish to the Minister, periodic reports,

records, returns, samples and data concerning petroleum operations;
(c) to keep current financial and cost accounting records of
petroleum operations, with pertinent records and vouchers, during the
term of the contract, in accordance with normal accounting practices in
the international petroleum industry;
(d) to permit the State or its authorised representatives reasonable

inspection and audit rights over all petroleum operations and over all
records, reports and returns maintained or submitted to the Minister;
(e) to purchase Zambian goods and services, if, in terms of price,

quality and availability, such goods and services are within such
margins of competitiveness with imported goods and services as may be
agreed in the contract;
(f) to expend a minimum amount and carry out certain minimum

work in the contract area during the exploration period;
(g) to present annually to the Minister, complete work programmes

and budgets for petroleum operations to be conducted for each year;
(h) to report immediately to the Minister any discovery of

petroleum, and supply a sample thereof to the Ministry within a
reasonable time after the date of such discovery;
(i) in the case of a commercial discovery of petroleum, to delimit

the area involved, develop the discovery and commence production with
due diligence;
(j) to appoint, in cases where the contractor is a person who is not

resident in the Republic or whose head office is elsewhere than in the
Republic, a representative, and in his absence a replacement therefor,
with full powers to represent the contractor in all matters relating to
petroleum operations, including the obligations imposed by this Act;
and
(k) to supply to the State out of any petroleum to which he is entitled

pursuant to the contract such quantity of petroleum as may be required
to meet the requirements of the Republic for internal consumption:
Provided that the quantity of petroleum to be so supplied by

any contractor shall be determined on a basis that does not discriminate
against any individual contractor and that the price therefore shall be fair
and reasonable.
27. (1) The term of a contract shall be divided into an exploration Term of
period and a development and production period. contract
(2) The exploration period shall not exceed ten years in duration:
Provided that under exceptional circumstances such duration may be

extended for such period and upon such terms and conditions as may be
specified in a contract, or as may be approved by the Committee.
(3) Where no commercial discovery is made during an exploration

period the contract shall terminate.
(4) Where a commercial discovery is made the development and

production period, relating to such discovery, which shall not exceed
twenty-five years in duration, shall thereupon commence.
28. Every contract shall provide for the relinquishment of part or parts Relinquish-ment
of the contract area at such time or times as shall be prescribed therein:
Provided that the obligation to relinquish part or parts of the contract

area shall not apply to any part of the contract area encompassing the
area of a commercial discovery.
29. Except with the prior approval of the Minister, no contractor shall Transfers and
assign, encumber or transfer any contract, or any rights or obligations assignments
arising out of a contract; and any such transfer, assignment or
encumberance shall be null and void.
30. Every contract shall stipulate the terms and conditions upon which Termination
the contract may be terminated by the State or the contractor and the
effects of such termination:
Provided that the termination of any contract, for whatever reason, shall
not affect in any way any liability incurred by a contractor before such
termination.
31. Each contractor shall at all times indemnify the State and its Duty to
representatives and agents against all and any claims made by third indemnify
parties in respect of any injury, damage or loss caused by an act or
omission of the contractor, his contractors, his sub-contractors or his
agents, employees or representatives in the course of the conduct of
petroleum operations.
32. (1) In the conduct of petroleum operations, each contractor, in Conservation

accordance with generally accepted practices in the international and work
petroleum industry, shall- practices
(a) carry out petroleum operations using the most reliable, modern
and efficient techniques;
(b) take steps to obtain the maximum efficient level of production,

determined in accordance with the terms and conditions of the contract,
compatible with the nature and extent of the petroleum reservoirs
discovered;
(c) control the flow and prevent the waste or escape of petroleum,
water, drilling fluids, or any mixture thereof;
(d) generally adopt the necessary measures for the protection of

flora, fauna and other natural resources;
(e) avoid the pollution or contamination of water, atmosphere or

land;
(f) maintain in good condition and repair all structures, equipment

and other property used in petroleum operations;
(g) carry out petroleum operations in a proper, safe and

workmanlike manner;
(h) take all steps necessary to secure the safety, health and welfare
of persons engaged in petroleum operations;
(i) upon the termination of the contract, carry out all clean-up
operations and render the contract area safe; and
(j) at any time completely remove any structure or facility which

has ceased to be used.
(2) The procedures for the application and enforcement of such

conservation and work practices shall be prescribed in the regulations
and may be developed in the contract.
PART VI
AREAS OF OPERATION AND SURFACE RIGHTS
33. The Minister may, with the approval of the Committee, declare Areas closed to
certain areas of the Republic to be closed to some or all petroleum petroleum
operations: operations
Provided that-
(i) such closure shall be without prejudice to existing rights to
conduct petroleum operations in the areas concerned; and
(ii) the Minister may, with the approval of the Committee, permit
petroleum operations to be carried out therein, subject to such terms and
conditions as he may determine.
34. (1) No person shall, without the written consent of the President, Restricted areas
carry out petroleum operations-
(a) upon any land dedicated as a place of burial;
(b) upon any land containing any ancient monument or national Cap. 173
monument as defined in the National Heritage Conservation
Commission Act;
(c) upon any land which is the site of or is within one hundred
metres of any building or dam owned by the Republic;
(d) upon any land forming part of a Government aerodrome as Cap. 444
defined in the Air Navigation Regulations;
(e) upon any land occupied as a village; or
(f) upon any land forming part of a defence establishment.
(2) No person shall, without the written consent of the owner or legal
occupier thereof or his duly authorised agent, carry out any petroleum
operations-
(a) upon any land which is the site of or which is within two hundred
metres of any inhabited, occupied or temporarily unoccupied house or
building;
(b) within fifty metres of any land which has been cleared or
ploughed or otherwise bona fide prepared for the growing of farm crops
or upon which farm crops are growing;
(c) upon any land from which, during the twelve months
immediately preceding, farm crops have been reaped;
(d) upon any land which is the site of or is within one hundred Cap. 198
metres of any cattle dip, tank, dam or any private water as defined in the
Water Act; or
(e) upon any land forming part of an aerodrome, other than an

aerodrome referred to in subsection (1)(d):
Provided that where consent is unreasonably withheld, the President

may authorise the conduct of petroleum operations in such areas subject
to such terms and conditions as he may determine.
(3) No person shall, without the written consent of the President carry
out petroleum operations upon any land-
(a) reserved for the purposes of any railway track or within fifty
metres of any railway track;
(b) used as a forest, nursery or plantation or as a timber depot,

sawmill or other installation for working a forest;
(c) used as a street, road or highway;

and no contractor shall carry out petroleum operations upon any land-
(d) declared to be a National Forest or a Local Forest, as defined in Cap. 199

the Forests Act without complying with the provisions of sections
sixteen and twenty-four of that Act;
(e) in a National Park, without complying with section thirty of the Cap. 201
National Parks and Wildlife Act.
(4) Every person carrying out petroleum operations shall, when so

requested, produce evidence of the right to carry out such operations to
the legal owner or occupier of the land upon which such operations are
being carried out, or to the duly authorised agent of such owner or
occupier, and in default of such production such person may be treated
as a trespasser.
35. (1) Subject to the provisions of this Act or the terms and conditions Surface rights
of any contract, and any other law which prohibits, regulates or restricts and
the entry into any area of the Republic, the contractor may enter into, compensation
occupy and carry out activities necessary for the conduct of petroleum
operations in the contract area and whilst engaged therein may:
(a) within the contract area erect temporary or permanent houses,

buildings, engines, machinery, plant and other works, and acquire in the
prescribed manner such rights of way, easements and other rights of
access as may be necessary for the proper execution of petroleum
operations;
(b) take and use water for domestic use and for the purposes of Cap. 198
petroleum operations in accordance with the provisions of the Water
Act;
(c) subject to the provisions of the Roads and Road Traffic Act and Cap. 464
the Aviation Act, construct, maintain and operate all such airfields, Cap. 444
roads, bridges, communication systems and conveniences as may be
necessary;
(d) subject to the provisions of the Water Act, lay water pipes and Cap. 198
make water courses and ponds, dams and reservoirs, lay drains and
sewers and construct and maintain sewage disposal plants;
(e) subject to the prior approval of the Minister-

(i) construct, reconstruct, alter and operate pipelines, pumping
stations and other necessary facilities incidental thereto; and
(ii) operate and maintain at any place within the Republic such other
facilities and works as may be necessary for carrying out petroleum
operations.
(2) The rights conferred by subsection (1) shall be exercised reasonably

so as not to affect adversely the interests of any legal owner or occupier
of the land on which such rights are exercised to any greater extent than
is necessitated by the reasonable and proper conduct of the operations
concerned.
(3) Where the contract area includes an area of land which is owned by
or vested in the State, such land shall, subject to the other provisions of
this Act, be at the disposal of the contractor to the extent required for
petroleum operations by virtue of the existence of the contract.
(4) (a) Subject to the provisions of the Lands Act, where the contract Cap. 184
area includes an area of land over which any person other than the State
has a lawful interest or the land is in use by the State, the contractor shall
negotiate with such person or the State, as the case may be, for the grant
of a right-of-way, easement or such other right of access as may be
necessary for the conduct of petroleum operations thereon;
(4) (b) Where there is no agreement between such person and the Cap. 189
contractor concerning the grant of a right-of-way, easement or such
other right of access, the contractor may apply, through the Minister, to
the President to have the said area compulsorily acquired under the
provisions of the Lands Acquisition Act:
(4) (b) Provided that all compensations due for such rights
compulsorily acquired by the President on behalf of the contractor shall
be borne by the contractor.
(5) The acquisition of rights-of-way, easements or other rights of access

by a contractor over land outside the boundaries of the contract area for
the purpose of petroleum operations shall be made in accordance with
the regulations made hereunder and any other applicable law.
(6) Any and all rights acquired or conferred pursuant to this section
shall automatically expire when the contract to which they relate is
terminated.
(7) Without prejudice to the preceding subsections of this section, the Cap. 213
contractor shall, on demand being made by any person having a lawful
interest in land upon or under which petroleum operations are being
carried out, pay to such person fair and reasonable compensation for any
disturbance of his surface rights, and for damage done to the surface of
the land, or to any livestock, crops, trees, buildings or works as a result
of petroleum operations. The amount of compensation payable shall be
determined by agreement between the parties or, if the parties are unable
to reach agreement or the agreed compensation is not paid, either party
may refer the matter to the Minister who shall deal with the same as if
the matter had arisen under the provisions of the Mines and Minerals
Act.
36. (1) Without prejudice to the provisions of sub-section (1) of section Other minerals
twenty-four the State shall have the right to grant to persons, other than a Cap. 213
contractor, licences pursuant to the Mines and Minerals Act for the
prospecting and exploration for, and mining of, substances other than
petroleum within the contract area. In such event, the contractor shall
afford safe passage for the licensee to that portion of the contract area in
which such licensee proposes to carry out its operations:
Provided that the operations of such licensee shall in no way hinder

petroleum operations.
(2) If any historical objects, fossils or minerals of economic interest or

capable of development are discovered by a contractor during the course
of petroleum operations, the contractor shall report such discovery and
shall supply, in the case of a discovery of minerals, a sample thereof to
the Minister.
PART VII
GOVERNMENT REVENUES
37. A contractor, his contractors and sub-contractors shall be liable for Income tax
the payment of income tax in accordance with the Income Tax Act with Cap. 323
respect to income deriving from petroleum operations.
38. (1) The income of individuals who are employed by contractors, Employee
their contractors and sub-contractors, or who hire their services out to taxation
such organisations, shall be subject to payment of income tax in Cap. 323
accordance with the Income Tax Act.
(2) A contractor, his contractors and sub-contractors shall be obliged to Cap. 323
withhold and pay to the State any income tax assessed on the taxable
income of such individuals in accordance with and as required by the
Income Tax Act.
39. (1) The Minister shall require a contractor to pay to the State a Royalty or
royalty or production payment in cash or in kind, at the option of the production
State, upon the gross value or volume, as the case maybe, of crude oil payment
produced and saved in the contract area after deducting the amount of
crude oil used and consumed in the conduct of petroleum operations.
(2) The Minister may require a contractor to pay to the State a royalty or
production payment based on the gross value or volume, as the case may
be, of natural gas produced, saved and sold from the contract area after
deducting the amount of natural gas used and consumed in the conduct
of petroleum operations.
(3) The amount of such royalties may be prescribed by the regulations

or in individual contracts.
40. Every contract shall require the contractor to make annual surface Surface rentals
rental payments in respect of the contract area, and the amount of such
surface rental shall be prescribed in the regulations.
41. Provision may be made in the regulations or in individual contracts Other fees,
for the payment by the contractor of fees, charges or other levies to the charges and
State in connection with the carrying out of petroleum operations levies
pursuant to this Act.
42. (1) A contractor shall be granted exemptions from customs duties, Exemptions
levies or imposts as may be prescribed by any other law, on the
exportation of petroleum which such contractor is entitled to export
pursuant to his contract.
(2) A contractor, his contractors and sub-contractors may be granted,

upon approval by the Minister responsible for the administration
thereof, relief from the following-
(a) any tax or customs duties payable on the importation and

subsequent exportation of machinery, equipment, materials and other
items required for petroleum operations; and
(b) any tax or customs duties payable on the importation and

subsequent exportation of reasonable quantities of household goods and
personal effects by non-Zambian employees of such contractor, his
contractors and sub-contractors.
PART VIII
GENERAL PROVISIONS
43. The provisions of section eleven shall apply mutatis mutandis to Immunity of
any public officer. public officers
44. (1) No person shall, without the consent in writing given by or on Prohibition of
behalf of the Minister, publish or disclose to any person, otherwise than publication or
in the course of his duties, the contents of any document, disclosure of
communication or information whatsoever, which relates to, and which information to
has come to his knowledge in the course of, his duties under this Act. unauthorised
persons
(2) No person having information which to his knowledge has been

published or disclosed in contravention of sub-section (1) shall publish
or communicate any such information to any other person.
45. Contracts may provide for arbitration of disputes arising Disputes

thereunder between the State and the contractor in accordance with rules between State
issued and administered by recognised international bodies. and contractor
46. If any dispute, controversy or difference arises between two or Disputes

more contractors or between a contractor and any person holding mining between
rights pursuant to the Mines and Minerals Act or between a contractor contractor and
and any other person, the parties to such dispute, controversy or others.
difference may jointly or individually apply to the Minister to Cap. 213
investigate and resolve the same pursuant to and in accordance with the Cap. 213
provisions of of the Mines and Minerals Act.
47. (1) Where any contract is entered into and it is subsequently found Revocation
that such contract was entered into as a result of any false or fraudulent
representation or in consequence of any incorrect information, the
Minister may give written notice to the contractor requiring him to show
cause within a specified time why such contract should not be revoked.
(2) Where any contractor is in breach of any provision of this Act, the
Minister may give written notice to the contractor requiring him to show
cause within a specified time why his contract should not be revoked.
(3) If the contractor fails to comply with a notice given pursuant to

subsection (1) or (2) within the time specified or if the cause shown be
deemed inadequate, such contract may thereupon be revoked by the
Minister, with the approval of the Committee.
(4) Notice of such revocation shall be published in the Gazette and shall
be entered upon the register. A copy of such notice shall be sent to the
contractor at his registered address in the Republic.
48. (1) The revocation of a contract pursuant to section forty-seven Effect of

shall entail the immediate cessation of all rights and privileges conferred revocation
on the contractor by virtue of such contract, the devolution to the State
of the contract area and the automatic forfeiture of any guarantees
submitted by the contractor to secure the fulfilment of the obligations
undertaken.
(2) Revocation under section forty-seven shall not in any way affect the
liability of any person concerned arising out of such breach before such
revocation, and shall not be a bar to any legal proceedings relating
thereto.
49. Any person who contravenes any of the provisions of this Act, and Penalty
such contravention is not an offence under any other written law, shall
be guilty of an offence and shall upon conviction be liable to a fine not
exceeding twenty five thousand penalty units or to a term of
imprisonment not exceeding three years, or to both.
50. The Minister may make regulations for the better carrying out of Regulations
the purposes of this Act.
51. Except as otherwise specifically provided in or under this Act, the Non-application
provisions of the Mines and Minerals Act shall not apply to petroleum of the Mines
or petroleum operations. and Minerals
Act.
Cap. 213
SUSIDIARY LEGISLATION
THE PETROLEUM (EXPLORATION AND PRODUCTION)

PART I
PRELIMINARY
Regulation
1. Title
2. Interpretation
PART II
BLOCKS
3. Graticulation and constitution of blocks
4. Closed areas
PART III
BIDS
5. Information to be submitted by bidders
6. Bid proposals
7. Criteria for selection of bidders
8. Rejection of bids
PART IV
PETROLEUM OPERATIONS
9. Exploration period
10. Extensions to exploration period
11. Development and production operations
12. Mandatory and voluntary relinquishment
13. Transfers and assignments
PART V
WORK PRACTICES
14. Work practices and directions
15. Drilling practices and abandonment
16. Construction of pipelines and related facilities
17. Measurement
PART VI
RETURNS, RECORDS, PLANS,
ETC.
18. Notice of commencement
19. Quarterly reports
20. Annual work programme
21. Annual report
22. Periodic reports
23. Records, accounts, etc., to be maintained
24. Final reports
25. Modification of duties
26. Confidentiality
27. Power of entry and inspection
PART VII
28. Fees and rentals
29. Royalty or production payment
SCHEDULE
SECTION 50-PETROLEUM (EXPLORATION AND Statutory

PRODUCTION) REGULATIONS Instrument
88 of 1985
165 of
1989
75 of 1990
PART I
PRELIMINARY
1. These Regulations may be cited as the Petroleum (Exploration and Title
Production) Regulations.
2. In these Regulations unless the context otherwise requires- Interpretation
"development and production operations" means operations for or in

connection with the production of petroleum;
"drilling" means operations for or in connection with the perforation of

the earth's surface, whether the hole is vertical, inclined or horizontal;
and includes all operations for preventing the collapse of the sides of the
hole or for preventing the hole from becoming filled by extraneous
materials (including water) and the fitting of wellheads, or coring or
logging, and any operations incidental thereto;
"exploration operations" means operations for or in connection with

exploration for petroleum;
"field" means an area, as determined pursuant to the terms of a contract,

in which a commercial discovery of petroleum has been made;
"graticular section" means a graticular section referred to in regulation

3;
"well" means any opening in the ground made or being made by drilling
or boring, or in any other manner, in connection with exploration
operations or development and production operations, other than a
seismic hole.
PART II
BLOCKS
3. (1) For the purpose of establishing the blocks referred to in section Graticulation
twenty-three of the Act, the surface area of the Republic shall be deemed and constitution
to be divided into graticular sections by reference to meridians of of blocks
longitude which are five minutes apart measured from the meridian of
Greenwich and by reference to parallels of latitude which are five
minutes apart measured from the Equator.
(2) Each graticular section shall be bounded by part of two meridians of

longitude which are five minutes apart and by part of two parallels of
latitude which are five minutes apart.
(3) Where a portion of a graticular section includes land in the Republic

and land outside the Republic, only that portion of the land in the
Republic shall constitute a graticular section for purposes of these
regulations.
(4) Each block awarded to a contractor shall be defined by reference to

graticular sections.
4. For the purposes of section thirty-five of the Act, the areas declared Closed areas
closed to some or all petroleum operations shall be defined by reference
to blocks comprised of graticular sections.
PART III
BIDS
5. (1) Every bidder when responding to an invitation for bid shall Information to
submit, inter alia, the following information: be submitted by
bidders
(a) the name, address and nationality of the bidder;
(b) in the case of a corporate bidder-

(i) the bidder's place of registration or incorporation, its principal
place of business, its board of directors and senior management, the
domicile and nationality of the members of the board of directors and its
capital structure;
(ii) the form of organisation of the bidder, including information
concerning the bidder's relationship with its parent company, if any, and
other affiliated companies; and
(iii) the financial structure of the bidder and its parent company, if
any, including annual reports, audited balance sheets and profit and loss
statements for the past three years, and any reports which the bidder or
its parent company may have filled with government agencies
responsible for securities regulation during that period;
(c) how exploration and development activities would be financed if

the bid is successful and how performance would be guaranteed; and
(d) the bidder's previous experience in petroleum exploration,

development, production, refining and marketing.
(2) Where a bid is submitted by a group of two or more persons, the

information referred to in sub-regulation (1) shall be submitted for each
person in the group.
(3) Where, following the submission of the information referred to in

sub-regulation (1), but prior to the selection of the successful bidder,
there has been any change in the information so submitted, the bidder
shall forthwith inform the Minister, specifying all particulars of the
change.
6. (1) Each bid that is submitted in response to an invitation for bids Bid proposals
shall include, inter alia, the following:
(a) a description of the block or blocks for which the bid is

submitted; and if the bid is made in respect of more than one block, the
priority assigned to each block;
(b) a detailed description of the exploration programme proposed

for the block or blocks for which the bid is submitted;
(c) the minimum work and expenditure obligations to be undertaken

during the exploration period;
(d) proposals with respect to the training of Zambian personnel and
expenditures to be incurred therefor;
(e) proposals with respect to the sharing of net revenues or

production between the bidder and the Government as indicated in the
invitation for bids; and
(f) such other matters as may be required by the invitation for bids
or which the bidder wishes the Minister to consider.
(2) Additional information on all matters referred to in the preceding

sub-regulation shall be promptly supplied by the bidder, if so requested
by the Minister at any time after the bid has been submitted.
7. The following shall be the criteria for the evaluation of bids and Criteria for
selection of bidders for negotiations: selection of
(a) the technical competence and experience of the bidder with bidders
respect to petroleum operations;
(b) the financial resources available to the bidder to fulfil the
petroleum exploration, development and production obligations under a
contract;
(c) the extent to which the bidder will provide advanced
technology and skills to the Zambian petroleum industry; and
(d) the specific contents of the bid received.
8. No rights of any kind shall be created in favour of any bidder by Rejection of

virtue of the submission of a bid proposal; the Minister reserves the right bids
to accept or reject any or all of the bids without assigning any reason
therefor.
PART IV
PETROLEUM OPERATIONS
9. (1) The exploration period shall be comprised of- Exploration
period
(a) an initial period not exceeding four years in duration;
and
(b) upon extension in the prescribed manner, two further periods not
exceeding three years each in duration.
(2) Notwithstanding the provisions of sub-regulation (1), the

exploration period may, under exceptional circumstances, be extended
for a period in excess of any period specified in such sub-regulation
where the terms and conditions of a contract so provide or the prior
approval of the Committee has been obtained.
10. (1) A contractor may not later than ninety days prior to the Extensions to
expiration of the then current period, apply to the Minister for an exploration
extension to the initial period or to the first or subsequent extension period
periods, referred to in regulation 9.
(2) An application for an extension shall be made in writing to the

Minister and shall be accompanied by-
(a) particulars of the work carried out and the amount expended in
the contract area during the initial period, or, where the application is for
a second or subsequent extension to the initial period, during the
preceding period of extension, up to and including the date of
application;
(b) proposals concerning the work to be carried out and the amount
to be expended during the period of extension for which application is
made;
(c) such other matters as may be required under the contract or

which the contractor may wish the Minister to consider.
(3) No extension shall be granted to a contractor unless-
(a) the contractor has fulfilled his obligations under the contract for
the then current period; and
(b) the proposals accompanying the application pursuant to
sub-regulation (2) (b) in respect of work and expenditure for the period
of extension are consistent with his commitments therefor under the
contract.
11. (1) In the event that a discovery of petroleum is made in a contract Development
area, which the contractor considers to be commercial, the contractor and production
shall, prior to the commencement of development and production operations
operations, submit to the Minister the following:
(a) a description and map of the area containing such discovery

which the contractor proposes to delineate as a field defined by
reference to graticular sections;
(b) a detailed report accompanied by supporting data and all

analyses and interpretations thereof, which demonstrates that the area
described in paragraph (a) contains, alone or in conjunction with other
areas, as the case may be, a commercial discovery;
(c) full information as to the contractor's current financial status,

technical competence and experience;
(d) detailed proposals for the construction, establishment and

operation of all facilities and services for and incidental to the
development, extraction, production, storage, transportation, sale and
other disposal of petroleum; and a proposed timetable for the
commencement of petroleum production;
(e) a detailed forecast of capital investment requirements, operating

costs and sales revenues and the anticipated type and source of
financing; and
(f) such other matters as may be required under the contract or as

the Minister may reasonably require.
(2) No development and production operations may be commenced by

a contractor unless-
(a) the proposals of the contractor referred to in sub-regulation (1)

ensure the most efficient, beneficial and timely use of the petroleum
resources concerned consistent with accepted practices in the
international petroleum industry;
(b) the contractor has adequate financial resources, technical and

industrial competence and experience to carry out effective
development and production operations; and
(c) the contractor has fulfilled his obligations under the contract and
is willing and able to comply with the terms and conditions of the
contract thereafter.
12. (1) A contractor shall, at such times and in such manner as may be Mandatory and
provided in the contract, relinquish such part or parts of the contract area voluntary
as provided therein and shall notify the Minister in writing not less than relinquishment
ninety days prior to the effective date of any such relinquishment of-
(a) the description of the part or parts of the contract area to be

relinquished; and
(b) the description of the contract area remaining.
(2) A contractor may, at such times and in such manner as may be

provided in the contract, relinquish all or any part of the contract area by
giving to the Minister not less than ninety days' notice in writing of his
intention to so relinquish and such notice shall, in the case of a
relinquishment of part or parts of the contract area, include-
(a) a description of the part or parts to be relinquished; and
(b) a description of the contract area remaining.
(3) The description of any area relinquished, or of the contract area

remaining following such relinquishment, as referred to in
sub-regulations (1) and (2), shall be made by reference to graticular
sections.
(4) Any notice of relinquishment given pursuant to sub-regulations (1)

or (2) shall be accompanied by-
(a) full particulars of the petroleum operations carried out in the area
to be relinquished;
(b) an undertaking by the contractor that, prior to the effective date

of such relinquishment, he shall carry out all clean-up operations and
render the area safe and in a condition which is in accordance with
accepted practices in the international petroleum industry; and
(c) such other information as the Minister may reasonably require.
(5) Where the entire contract area is relinquished pursuant to this

regulation, the contract relating thereto shall terminate.
(6) The relinquishment of all or any part of the contract area made
pursuant to sub-regulation (1) or (2) shall be without prejudice to any
liabilities or obligations incurred by the contractor in relation to the area
so relinquished prior to the effective date of relinquishment.
13. (1) An application for approval to assign, encumber or transfer any Transfers and
contract, or any rights or obligations arising out of a contract, shall be assignments
made in writing to the Minister; and every such application shall
include-
(a) the name and nationality of the proposed assignee or transferee,

and, in the case of a corporate assignee or transferee, the place of its
incorporation and principal place of business;
(b) evidence of the proposed assignee's or transferee's technical and

financial ability to assume and undertake the work obligations and other
commitments set forth in the contract concerned;
(c) an unconditional written undertaking by the assignee or

transferee to assume all the obligations assigned and transferred by the
transferror or assignor under the contract; and
(d) such other particulars as the Minister may reasonably require.
(2) In addition to any information required under sub-regulation (1), the

contractor may be requested, before the application is disposed of, to
submit further relevant information within a specified reasonable time;
and where such further information is not supplied within the time
specified, the application shall be deemed to have been withdrawn.
(3) The assignment, encumbrance or transfer of any contract or interest

therein shall not affect any liability of the transferor or assignor incurred
before the date upon which such assignment, encumbrance or transfer
takes effect; nor, unless a contract otherwise provided, shall it relieve
the transferor or assignor from liability for the performance by the
transferee or assignee of the obligations undertaken by the transferor or
assignor at the time the contract was entered into.
PART V
WORK PRACTICES
14. (1) Every contractor shall, in carrying out petroleum operations, Work practices
always act in accordance with generally accepted practices in the and directions
international petroleum industry.
(2) Where the Minister considers that a contractor has not acted in
accordance with such practices and in particular, with the conservation
and work practices as provided for in section thirty-two of the Act, he
may notify such contractor in writing accordingly and require him to
show cause, within such reasonable time as the Minister shall specify,
why he has failed to act in accordance with such practices.
(3) Where, within the time specified in any notice issued under
sub-regulation (2), the contractor fails to satisfy the Minister that he has
acted in accordance with such practices or that his failure to so act is
justified, the Minister may direct the contractor to take such steps as
may be necessary to ensure compliance therewith.
(4) Any contractor who fails to comply with a direction given under
sub-regulation (3) shall be guilty of an offence and liable on conviction
to a fine not exceeding twenty-five thousand penalty units.
(5) Where proceedings are instituted for an offence under

sub-regulation (4), it shall be a sufficient defence if the contractor
satisfies the court that he forthwith took all reasonable steps in
accordance with accepted practices in the international petroleum
industry to comply with such direction.
(6) Where a contractor fails to comply with a direction given to him

under sub-regulation (3), the Minister may cause to be done all or any of
the things required by such direction.
(7) Any cost or expenses reasonably incurred by the Minister under

sub-regulation (6) shall be a debt due to the State by the contractor to
whom the direction was given and shall be paid into the general
revenues of the Republic.
(8) Nothing in this regulation or in any direction given thereunder shall

be construed as requiring any contractor to do anything which is not, or
to refrain from doing anything which is, in accordance with generally
accepted practices in the international petroleum industry.
15. (1) Every contractor shall ensure that his well design and conduct of Drilling
drilling operations, including his casing, cementing, well spaced practices and
plugging operations, are in accordance with generally accepted abandonment
practices in the international petroleum industry.
(2) Every well shall be identified by name, number and geographic

co-ordinates which shall be shown on maps, plans and similar records
which a contractor is required to keep; and the Minister shall at once be
notified in writing of any change of the name or identification number of
a well.
(3) Before commencing any work on or drilling any well, or

recommencing work on any well on which work has been discontinued
for more than six months, a contractor shall give the Minister seven
days' notice in writing and shall include in such notice-
(a) the official name and number of the well;
(b) a description of its precise location by reference to geographical

co-ordinates;
(c) its elevation above sea level;
(d) a detailed report on the drilling technique to be employed, an

estimate of the time to be taken and depth objective, the material to be
used, and the safety measures to be employed, in the drilling of the well;
and
(e) a summary of the geological and geophysical data, and any

interpretations thereof, upon which the contractor made his decision to
drill the well in the particular location.
(4) Where any work or drilling relating to any well is discontinued for a
period exceeding thirty days, a contractor shall notify the Minister in
writing to that effect.
(5) Before recommencing any work on or drilling with respect to any

well on which work has been discontinued for more than thirty days but
for less than six months, a contractor shall give forty-eight hours' notice
in writing of his intention so to do.
(6) Except with the approval of the Minister, no contractor shall drill a
well from any surface area within the contract area which is less than
one thousand metres from a boundary of such contract area.
(7) No well shall be drilled from within a contract area through any
vertical boundary of such contract area.
(8) A directional well drilled under a contract area from a surface

location on nearby land not within such contract area shall be deemed to
have the same effect for all purposes of the Act as a well drilled from a
surface location within such contract area and, in such circumstances,
the production of petroleum from the contract area through a directional
well surfaced on nearby land, or drilling or reworking of any such
directional well, shall be considered production, drilling or reworking
operations, as the case may be, in the contract area.
(9) Nothing contained in sub-regulation (8) shall be construed to grant

to a contractor any leasehold interest, licence, easement, right-of-way or
other right which such contractor is required to acquire under the Act or
any other written law.
(10) Before abandoning any well, the contractor shall give, in the case
of a producing well, not less than thirty days, and, in the case of any
other well, not less than twenty-four hours' written notice to the Minister
of his intention to abandon and such notice shall be accompanied by a
satisfactory programme for the abandonment and plugging of the well
identified in the notice.
(11) Subject to the terms and conditions of a contract, a contractor may,

upon the expiration of the relevant period of notice or upon receipt by
the contractor of the written approval of the Minister of the programme
submitted pursuant to the preceding sub-regulation, whichever is earlier,
commence the abandonment operations in relation to such well:
Provided that in all cases-
(i) the contractor shall undertake to securely plug such well to

prevent pollution and possible damage to the deposit, and shall, except
as the Minister may otherwise direct or his contract may otherwise
provide, remove all equipment, materials and facilities relating thereto;
(ii) cemented strings or other forms of casing shall not be withdrawn

without the prior written approval of the Minister; and
(iii) the contractor shall permit a representative of the Government to

observe such operations.
16. (1) Each contractor shall, prior to commencing the construction, Construction of
alteration or operation of a pipeline, pumping station, storage facility or pipelines and
any other related facilities for the conveyance or storage of petroleum related facilities
from a contract area, apply in writing to the Minister for authorisation.
(2) The written application submitted pursuant to sub-regulation (1)

shall be accompanied by particulars of-
(a) the proposed design and construction of the pipeline, pumping

station, storage facility or other related facilities;
(b) the proposed work programme and budget and the technical and
financial resources available to the contractor for the construction,
alteration or operation of the pipeline, pumping station, storage facility
or any other related facilities; and
(c) the proposed route to be followed by the pipeline and the

location of any pumping station, storage facility or other related
facilities to be constructed, altered or operated.
(3) Subject to any conditions which may have been agreed in a contract
and the provisions of sub-regulation (4), and upon receipt of the
Minister's written approval, a contractor may commence the
construction, alteration or operation of the pipeline, pumping station,
storage facility or related facilities.
(4) Nothing contained in this regulation is intended, or shall be

construed, to grant any leasehold interest, licence, easement,
right-of-way or other right which the contractor is required to acquire
lawfully under the Act or any other written law.
17. (1) Each contractor shall supply, operate and maintain equipment Measurement
for measuring the volume and quality of any petroleum produced and
saved pursuant to his contract, including gravity, density, temperature
and pressure measuring devices and any other devices that may be
required; and all such equipment and devices shall, prior to their
installation or usage be approved by the Minister and following such
installation or usage shall not be replaced or altered without the prior
approval of the Minister.
(2) Measurement equipment and devices shall be available for

inspection and testing at all reasonable times by any person authorised
by the Minister:
Provided that any such inspection or testing shall not interfere with the
normal operation of the facilities involved.
(3) Each contractor shall measure the volume and quality of the
petroleum produced and saved pursuant to his contract, consistent with
generally accepted practices in the international petroleum industry,
with the frequency and according to procedures which shall be approved
by the Minister.
(4) Each contractor shall give to the Minister timely notice of his
intention to conduct measuring operations and the Minister shall have
the right to be present at and supervise, either directly or through
authorised persons, such operations.
(5) If it is determined, following an inspection or test carried out by an

authorised person, that the equipment, devices or procedures used for
measurement are inaccurate and exceed the permissible tolerances,
which shall be established by agreement prior to the installation and
usage of such equipment, devices or procedures, and such determination
is verified by an independent surveyor acceptable to the Minister and the
contractor, such inaccuracy shall be deemed to have existed for one-half
of the period since the last such inspection or test, unless it is proved that
the inaccuracy has been in existence for a longer or shorter period; and
appropriate adjustments covering such period shall be made within
thirty days from the date of such determination.
PART VI
RETURNS, RECORDS, PLANS,
ETC.
18. (1) Every contractor shall, prior to the commencement of petroleum Notice of
operations, or recommencement of petroleum operations which have commencement
been discontinued for a period exceeding ninety days, give the Minister
not less than forty-eight hours' notice in writing of his intention to
commence or recommence such operations.
(2) Any notice given pursuant to sub-regulation (1) shall include the
name and address of the local resident manager under whose
supervision such operations are to be carried out.
19. (1) Every contractor shall submit to the Minister, on or before the Quarterly
30th day of January, April, July and October, a report in respect of the reports
preceding quarter containing or showing-
(a) a description of the results of all petroleum operations carried
out by the contractor;
(b) in the case of exploration operations, a summary of all

geological and geophysical work carried out by the contractor, including
a summary of all drilling activities;
(c) a list of maps, reports and other geological and geophysical data
prepared by, or on behalf of, the contractor in respect of the period
concerned;
(d) in the case of development and production operations, the gross

volume and quality of all pertoleum produced, saved, sold or otherwise
disposed of from his contract area, the consideration accrued or received
the quantity disposed of and identity of the person; to whom such
quantity was disposed, and the balance of stocks on hand at the end of
the period concerned;
(e) the average number of persons employed in the Republic, in

terms of Zambian and expatriate personnel, in connection with the
petroleum operations carried out;
(f) the amounts disbursed in the Republic in respect of wages,

overtime, allowances or other emoluments or benefits;
(g) the amounts disbursed in the Republic and externally, for the
purchase of fuels, stores, foodstuffs or other materials, equipment or
services;
(h) the total operating and capital expenditures incurred, both in the
Republic and externally, in respect of the petroleum operations carried
out, determined in accordance with his contract;
(i) any other relevant information which may be required by his

contract or which the Minister may reasonably require.
(2) With respect to paragraphs (f), (g) and (h) of sub-regulation (1),
when the precise amount is not ascertainable by the date upon which the
report is due, figures which are the best possible approximation shall be
given.
20. Every contractor shall submit to the Minister, on or before the 30th Annual work
day of September of each year, a complete programme of work to be programme
carried out during the following year, together with a detailed budget of
the expenditures to be incurred.
21. On or before the 31st day of March of each year every contractor Annual Report
shall submit to the Minister an annual report in respect of the preceding
year containing-
(a) the information required by sub-regulation (1) (a) to (i) of
regulation 19 for the entire year;
(b) estimates (if available) of economically recoverable reserves of
crude oil and natural gas at the end of the year concerned;
(c) a surface plan of the contract area at a scale not smaller than
1:250 000 showing-
(i) the boundaries of the contract area;
(ii) the total surface area of the contract area in square kilometres;
(iii) the location of any wells drilled by the contractor during that
year; and
(iv) the location or routing of any buildings, roads, powerlines,

pipelines and similar permanent installations.
22. (1) During the conduct of drilling operations, every contractor shall Periodic reports
be required to submit daily drilling reports to the Minister describing the
progress and results of such operations.
(2) Every contractor shall within one hundred and eight days of the
completion of any survey, test or drilling operations, or, in the case of
data that cannot reasonably be obtained or compiled in that period, as
soon as possible thereafter, submit to the Minister the following data
including any interpretations thereof:
(a) geological data including-

(i) surface or photogeological and subsurface maps of the area
explored;
(ii) stratigraphic data, including measured stratigraphic surface
sections, lithological groups, information relating to the porosity and the
permeability of petroleum bearing zones;
(iii) lithologic and/or paleontologic samples; and
(iv) summary reports of the geological data including references to
the survey and processing techniques utilised;
(b) geophysical data including-

(i) seismic data, including-
A. short-point and elevation maps;
B. interpretive contour maps on critical or outstanding mapping
horizons;
C. seismic record sections;
D. location and elevation survey notes; and
E. summary reports of the seismic data including references to
(ii) gravimetric data, including-
A. gravity station location and elevation maps;
B. observed gravity value contour maps and any derivative
maps;
C. gravimetric survey notes; and
D. summary reports of the gravimetric data including references
to the survey and processing techniques utilised;
(iii) magnetic data, including-
A. station and/or flight line base maps;
B. total intensity value maps and any derivative maps; and
C. summary reports of the magnetic data including references to
(c) well completion reports including-

(i) engineering data;
(ii) geological data;
(iii) drill stem/production test results;
(iv) all wireline logs (at recommended scales of 1:1000, 1:500 and
1:200);
(v) samples and sample descriptions; and
(vi) core samples, core descriptions and laboratory analyses of the
same; and
(d) such other data as the Minister may, by written notice to the
contractor, reasonably require him to so submit.
23. (1) Every contractor shall in respect of his contract area keep at his Records,
registered office in the Republic accurate records containing full accounts, etc.,
particulars of the following matters: to be
maintained
(a) the drilling, operation, deepening, plugging or abandonment of

wells;
(b) the strata and subsoil through which wells are drilled;
(c) the casing inserted in wells and any alteration to such casing;
(d) any petroleum, water and other economic minerals encountered;
(e) the areas in which any geological or geophysical work has been
carried out;
(f) accurate geological maps and plans, geophysical records,

representative geological samples and test results, and all interpretations
thereof; and
(g) such other matters as may be provided in his contract or as the

Minister may reasonably require by notice in writing to the contractor.
(2) Every contractor shall keep at his registered office in the Republic
accurate accounts containing full particulars of the following:
(a) the gross quantity of any crude oil and natural gas produced and
saved from the contract area;
(b) the grades and gravity of any crude oil produced and the
composition of any natural gas produced;
(c) any quantities of crude oil, natural gas and sulphur, in any form,
or any other minerals, gases, liquids or solids disposed of by way of sale
or otherwise, the consideration received, the quantity disposed of and
the name of the person to whom any such quantity was disposed;
(d) the quantity of crude oil, natural gas and other liquids or gases
injected into a formation;
(e) the quantity of crude oil and natural gas consumed for drilling
and other development and production operations (other than quantities
reported under paragraph (d)) and consumed in pumping to field
storage, refineries in the Republic or the point of export;
(f) the quantity of crude oil refined by or for the contractor in the
Republic;
(g) the quantity of natural gas treated in the Republic by him or on

his behalf for the removal of liquids and liquified petroleum gases and
the quantity of butane, propane and any other liquids, gases or any solids
obtained;
(h) the quantity of natural gas flared; and
(j) such further information as may be required by his contract or as

the Minister may reasonably require.
24. Prior to the termination of a contract, or upon the relinquishment of Final reports
any part of a contract area, the contractor shall forthwith submit to the
Minister, in relation to the contact area or part thereof, copies of-
(a) all records which the contractor maintained pursuant to this Part;
(b) all plans or maps of such area which were prepared by or on
behalf of the contractor;
(c) all tapes, diagrams, profiles and charts which were so prepared;
and
(d) such other documents or materials as the Minister may, by notice
given to the contractor, reasonably require the contractor to so submit.
25. The Minister may, on application made to him in writing by a Modification of

contractor, by notice in writing, dispense with or modify any of the duties
requirements of regulations 19 to 24 to the extent and on such conditions
as may be stated in the notice.
26. (1) All returns, reports, plans, data and other information submitted Confidentiality
under these Regulations shall be treated as confidential by the
Government and shall not, unless otherwise provided in a contract, be
disclosed to third persons prior to the relinquishment of the area to
which they relate, or prior to the end of the exploration period if such
area is not sooner relinquished:
Provided that-
(a) any topographical and surface geological maps and

interpretations may be utilised at any time by the Government
departments concerned for incorporation into official maps;
(b) annual statistical information may be published at any time by

the Government in a form which does not disclose the operations of any
particular contractor; and
(c) the Government may make such returns, reports, plans, data and
other information available at any time to professional consultants, legal
counsel, accountants, underwriters, lenders and such Government
entities as may need to be made aware thereof.
(2) No contractor shall, unless otherwise provided in a contract,

disclose any returns, reports, plans, data, records and other information
compiled, received, maintained or submitted pursuant to these
Regulations or the terms and conditions of a contract without the prior
written approval of the Minister:
Provided that-
(a) a contractor may make such returns, reports, plans, records and
other information available, without the approval of the Minister, to
professional consultants, legal counsel, accountants, underwriters,
lenders, companies in which a contractor maintains a controlling interest
and such Government entities as may need to be made aware thereof or
have the right to require such disclosure; and
(b) any disclosure made by a contractor to third parties pursuant to

this sub-regulation shall only be made on terms which ensure that the
information so disclosed is treated as confidential by the recipient.
27. (1) Any authorised person may at all times- Power of entry
and inspection
(a) enter any area, building, structure, vehicle, vessel or aircraft or

examine or have examined by a qualified person any machinery or
equipment, which has been, is being or is to be, used in connection with
petroleum operations;
(b) take or remove samples of petroleum, water or other substances

for the purpose of testing or analysis;
(c) inspect, make copies of or take extracts from, any document,

book or data relating to petroleum operations;
and
(d) make such examinations and enquiries and carry out such
functions as may be necessary to ensure that the provisions of the Act or
the terms and conditions of a contract are being complied with.
(2) Where there is a person present who is or appears to be in charge of

the area, building, structure, vehicle, vessel, aircraft, machinery,
equipment or matter or thing in respect of which any of the powers
under sub-regulation (1) are to be exercised, any authorised person shall,
before exercising any such power, identify himself to that person and
shall, if so requested by that person, produce evidence of his authority.
(3) In exercising his power under sub-regulation (1), an authorised

person shall not unduly interfere with any petroleum operations being
carried out.
(4) Any person who is an occupier or person in charge of an area,

building or structure, or the person in charge of any vehicle, vessel,
aircraft, machinery, equipment or matter or thing referred to in
sub-regulation (1), shall provide the authorised person with all
reasonable facilities and assistance for the effective exercise of his
functions under these Regulations.
PART VII
28. (1) The fees and surface rentals set out in Part I of the Schedule Fees and rentals
shall be payable in respect of the matters specified therein.
(2) All fees and surface rentals payable under these Regulations shall be
paid into the general revenues of the Republic in advance and without
demand.
29. (1) A royalty or production payment shall be payable at the rates Royalty or
prescribed in Part II of the Schedule in respect of the annual gross production
production of- payment
(a) crude oil produced and saved in each year from a contract area;
and
(b) natural gas produced, saved and sold in each year from a contract
area.
(2) The royalty or production payment due shall be payable quarterly

within thirty days of the end of each quarter.
SCHEDULE
PART I
FEES AND SURFACE RENTALS
Column A Column B
Fee units US $
1. Fees for inspection of the Register:
-for general search and examination of the Register 12
-for the supply of a copy of and entry on the
Register. . . . .. .. .. .. 24 10.00
2. Surface rentals:
-annual surface rentals for a contract area during the
exploration period (per square kilometre or part
thereof). . . . .. .. .. .. 12 5.00
-annual surface rentals for surface area of a field
(per square kilometre or part thereof) . .. . ..
NOTE:
In the case of foreign nationals or foreign companies (or persons or
entities under effective foreign control) the fees and surface rentals set
out in Column B shall be paid in United States dollars or any other
currency acceptable to the Minister.
PART II
ROYALTY OR PRODUCTION PAYMENT
1. Crude Oil:
at a rate of not less than ten percent (10%) of the wellhead value.
2. Natural Gas:
at a rate of not less than five percent (5%) of the wellhead value.
NOTE:
"Wellhead value" for the purpose of this Part shall mean the net
realised price received by a contractor at the point of export or other
agreed delivery point from the sale or other disposition of crude oil or
natural gas, as the case may be, less such costs as the Minister may
reasonably allow in respect of handling and transportation from the
wellhead to such point of export of other agreed point of delivery.
(As amended by S.I. No. 165 of 1989, No. 75 of 1990, and Act No. 13 of
1994)
CHAPTER 441
THE FACTORIES ACT
PART I
PRELIMINARY
Section
1. Short title
2. Definition of "factory"
3. Interpretation
4. Application of Act
PART II
ADMINISTRATION
5. Delegation of powers of Commissioner

6. Appointment of inspectors
7. Powers of inspectors
8. Duty to assist inspector
9. Obstructing inspector
10. Inspectors not to disclose information or source of complaints
PART III
REGISTRATION OF FACTORIES
11. Register of factories

12. Registration of existing factories
13. Registration of new factories
14. Notification of change in registered particulars
15. Drawings of factories
PART IV
APPEALS
16. Establishment of Appeals Board

17. Appeals to Board
18. Powers of Board
PART V
HEALTH: GENERAL PROVISIONS
Section
19. Cleanliness
20. Overcrowding
21. General ventilation
22. Lighting
23. Sanitary conveniences
24. Enforcement of provisions of section 23 by local authority
25. Duty of inspector as to sanitary defects remediable by local
authority
26. Medical supervision
PART VI
SAFETY: GENERAL PROVISIONS
27. Prime movers

28. Transmission machinery
29. Other machinery
30. Provisions as to unfenced machinery
31. Construction and maintenance of fencing
32. Construction and supply of machinery
33. Vessels containing dangerous substances
34. Self-acting machines
35. Training and supervision of inexperienced workers
36. Floors, steps, stairs, passages and gangways
37. Safe means of access and safe place of employment
38. Precautions in places where dangerous fumes are liable to be
present
39. Precautions with respect to explosive or inflammable dust, gas,
vapour or substance
40. Prevention and fighting of fire
41. Means of escape and warning in case of fire
42. Testing and examination of fire warning
43. Fire drills
44. Regulations for means of escape
45. Regulations for fire prevention
46. Regulations for special safety arrangements for the prevention
of accidents
PART VII
SAFETY: LIFTING MACHINERY
47. Hoists and lifts

48. Hoists and lifts used for carrying persons
49. Teagle openings and similar doorways
50. Hoists and lifts: supplementary provisions and exceptions
51. Chains, ropes and lifting tackle
52. Cranes and other lifting machines
53. Register of chains, ropes and lifting tackle and lifting machines
PART VIII
SAFETY: STEAM BOILERS, ETC.
54. Steam boilers: attachments and construction

55. Steam boilers: maintenance, examination and use
56. Steam boilers: restriction on entry
57. Steam receivers and steam containers
58. Air receivers
59. Notification before use of steam or air receivers
60. Notification of proposed modifications to pressure parts
61. Exceptions as to steam boilers, steam receivers and containers
and air receivers
62. Interpretation of terms in Part VIII
PART IX
WELFARE: GENERAL PROVISIONS
63. Drinking water

64. Washing facilities
65. Accommodation for clothing and change rooms
66. Facilities for sitting
67. First-aid
68. Welfare regulations
PART X
HEALTH, SAFETY AND WELFARE: SPECIAL
PROVISIONS
AND REGULATIONS
Section
69. Removal of and prevention of inhalation of dust or fumes
70. Meals in certain dangerous trades
71. Protective clothing, appliances and screening
72. Lifting excessive weights
73. Power of inspector to require certificate of fitness for work
74. Power to make regulations for safety and health
75. Power to take samples
PART XI
NOTIFICATION AND INVESTIGATION OF
ACCIDENTS, DANGEROUS OCCURRENCES AND
INDUSTRIAL DISEASES

77. Notification of dangerous occurrences
78. Industrial diseases
79. Regulations extending scope of sections 76 and 78
PART XII
SPECIAL APPLICATIONS AND EXTENSIONS
80. Tenement factories

81. Parts of buildings let off as separate factories
82. Building operations and works of engineering construction
83. Mines
84. Power to extend application of provisions of Act
PART XIII
MISCELLANEOUS
85. Posting of abstract of Act, regulations and notices

86. General register
87. Periodical return of persons employed
88. Preservation of registers and records
89. Duties of persons employed
90. Prohibition of deductions from wages
PART XIV
OFFENCES, PENALTIES AND LEGAL PROCEEDINGS
Section
91. Offences
92. General penalty
93. Penalty on person actually committing an offence for which
other person is primarily liable
94. Person primarily liable may exempt himself from liability on
conviction of actual offender
95. Proceedings against persons not primarily liable
96. Owner of machine liable in certain cases instead of occupier
97. Prosecution of offences
98. Special provisions as to evidence
99. Power of court to order cause of contravention to be remedied
100. Service, etc., of documents
101. Power of High Court to modify agreements
102. Power of High Court to apportion expenses
103. Power of Chief Inspector of Factories in relation to dangerous
or defective factory
PART XV
GENERAL
104. Penalties
105. Regulations
FIRST SCHEDULE-Dangerous occurrences
SECOND SCHEDULE-Industrial diseases
CHAPTER 441 2 of 1966

FACTORIES 49 of 1968
Acts
20 of 1974
24 of 1975
13 of 1994
An Act to make further and better provision for the regulation of the
conditions of employment in factories and other places as regards the
safety, health and welfare of persons employed therein; to provide for
the safety, examination and inspection of certain plant and machinery;
and to provide for purposes incidental to or connected with the matters
aforesaid.
[1st May, 1967]
PART I
PRELIMINARY
1. This Act may be cited as the Factories Act. Short title
2. (1) Subject to the provisions of this section, the expression "factory" Definition of
means any premises in which, or within the close or curtilage or "factory"
precincts of which, persons are employed in manual labour in any
process for or incidental to any of the following purposes, namely:
(a) the making or assembling of any article or of part of any article;
(b) the altering, repairing, ornamenting, finishing, cleaning or

washing or the breaking-up or demolition of any article; or
(c) the adapting for sale of any article;

being premises in which, or within the close or curtilage or precincts of
which, the work is carried on by way of trade or for purposes of gain and
to or over which the employer of persons employed therein has the right
of access or control.
(2) Whether or not such premises are factories by virtue of subsection

(1), the expression "factory" also includes the following premises in
which persons are employed in manual labour, that is to say:
(a) any premises in which the business of sorting any articles is

carried on as a preliminary to the work carried on in any factory or
incidentally to the purposes of any factory;
(b) any premises in which the business of washing or filling bottles

or containers or packing articles is carried on incidentally to the
purposes of any factory;
(c) any laundry carried on as ancillary to another business, or

incidentally to the purposes of any public institution;
(d) any premises in which the construction, reconstruction or repair

of locomotives, vehicles or other plant for use for transport purposes is
carried on as ancillary to a transport undertaking or other industrial or
commercial undertaking;
(e) any premises in which printing by letterpress, lithography,

photogravure, or other similar process, or bookbinding is carried on by
way of trade or for purposes of gain or incidentally to another business
so carried on;
(f) any premises in which articles are made or prepared incidentally

to the carrying on of building operations or works of engineering
construction, not being premises in which such operations or works are
being carried on;
(g) any premises in which persons are regularly employed in the

generating, transforming or controlling of electrical energy for supply
by way of trade or for supply for the purposes of any industrial or
commercial undertaking;
(h) any premises in which mechanical power is used for the

purposes of or in connection with a public water supply;
(i) any sewage works in which mechanical power is used and any
pumping station used in connection with any sewage works; and
(j) any premises in which the refrigeration of any article is carried

on by way of trade or for purposes of gain, except where such
refrigeration is incidental to the conduct of a business engaged mainly in
the sale of goods by retail.
(3) Any line or siding, not being part of a railway, which is used in
connection with and for the purposes of a factory, shall be deemed to be
part of the factory; and if any such line or siding is used in connection
with more than one factory belonging to different occupiers, the line or
siding shall be deemed to be a separate factory.
(4) A part of a factory may, with the approval in writing of the

Commissioner, be taken to be a separate factory and two or more
factories may, with the like approval, be taken to be a single factory.
(5) Any workplace in which, with the permission of or under agreement

with the owner or occupier, two or more persons carry on any work
which would constitute such workplace a factory if the persons working
therein were in the employment of the owner or occupier shall be
deemed to be a factory for the purposes of this Act, and, in the case of
any such workplace not being a tenement factory or part of a tenement
factory, the provisions of this Act shall apply as if the owner or occupier
of the workplace were the occupier of the factory and the persons
working therein were persons employed in the factory.
(6) Where a place situate within the close, curtilage or precincts

forming a factory is solely used for some purpose other than the
processes carried on in the factory, that place shall not be deemed to
form part of the factory for the purposes of this Act, but shall, if
otherwise it would be a factory, be deemed to be a separate factory.
(7) Premises shall not be excluded from the definition of a factory by

reason only that they are open air premises.
(8) Any premises belonging to or in occupation of the Republic or any

local or other public authority shall not be deemed not to be a factory,
and building operations or works of engineering construction
undertaken by or on behalf of the Republic or any such authority shall
not be excluded from the operation of this Act, by reason only that the
work carried on thereat is not carried on by way of trade or for purposes
of gain.
3. (1) In this Act, unless the context otherwise requires- Interpretation

"article" includes any solid, liquid or gas, or any combination thereof; Cap. 28
"bodily injury" includes injury to health;

"boiler book" means a book kept in accordance with the provisions of
subsection (11) of section fifty-five;
"building operation" means the construction, structural alteration, repair
or maintenance of a building (including repainting, redecoration and
external cleaning of the structure), the demolition of a building, and the
preparation for and laying the foundation of an intended building, but
does not include any operation which is a work of engineering
construction within the meaning of this Act;
"child" means a person under the apparent age of fourteen years;
"class or description", in relation to factories, includes a group of
factories described by reference to locality;
"Commissioner" means the Labour Commissioner;
"competent person", in relation to any particular duty or function, means
a person who has had adequate training and experience to enable him to
perform that duty or function;
"driving-belt" includes any driving strap or rope;
"electricity substation" means any premises, or part thereof, in which no
person is regularly employed and in which electrical energy is
transformed or converted to or from pressure above medium pressure if
such premises or part thereof are large enough for a person to enter after
the apparatus is in position;
"fume" includes gas and vapour;
"general register" means a register kept under the provisions of section
eighty-six;
"harbour" includes any harbour properly so called, whether natural or
artificial, and any estuary, navigable river, pier, jetty or other works in
or at which craft can obtain shelter, or ship or unship goods or
passengers;
"inspector" means the Chief Inspector of Factories or any other
inspector appointed under the provisions of section six;
"machinery" includes any driving-belt;
"magistrate" means a magistrate empowered under the Subordinate
Courts Act to hold a subordinate court of the first or second class;
"maintained" means maintained in an efficient state, in efficient
working order and in good repair;
"medium pressure" means a difference of electrical potential between
any two conductors, or between a conductor and earth, in a system
normally exceeding 250 volts but not exceeding 650 volts at the point
where the electrical energy is used;
"occupier" means the person or persons in actual occupation of a
factory, whether the owner or not;
"owner" means the person for the time being receiving the rents or
profits of the premises in connection with which the word is used,
whether on his own account or as agent or trustee for any other person,
or who would so receive the same if the premises were let;
"plant" includes any equipment, gear, machinery, apparatus or
appliance, or any part thereof;
"prime mover" means every engine, motor or other appliance which
provides mechanical energy derived from steam, water, wind,
electricity, the combustion of fuel or other source;
"process" includes the use of any locomotive;
"railway" means any railway used for the purpose of public traffic,
whether passenger, goods or other traffic, and includes any works of the
railway company or railway authority connected with a railway;
"sanitary convenience" includes a privy, urinal, pail closet, pit closet,
earth closet, chemical closet and water closet;
"standard specification" means a specification of construction approved
from time to time by the British Standards Institution, and includes a
specification which, in the opinion of the Commissioner, in any case, is
equivalent to a specification approved by that Institution;
"tenement factory" means any premises where mechanical power from
any prime mover within the close or curtilage of the premises is
distributed for use in manufacturing processes to different parts of the
same premises occupied by different persons in such manner that those
parts constitute separate factories;
"transmission machinery" means every shaft, wheel, drum, pulley,
system of fast and loose pulleys, coupling, clutch, driving-belt or other
device by which the motion of a prime mover is transmitted to or
received by any machine or appliance;
"work of engineering construction" means the construction of any
railway line or siding, otherwise than upon an existing railway, the
construction of any road, and the construction, structural alteration,
repair (including repointing and repainting) or demolition of any dock,
harbour, inland navigation, tunnel, bridge, viaduct, waterworks,
reservoir, pipeline (for whatever purpose required), aqueduct, sewer,
sewage works or gasholder, and includes such other works as the
Minister may by regulation specify;
"young person" means a person who has attained the apparent age of
fourteen years but who has not attained the apparent age of eighteen
years.
(2) A woman, child or young person who works in a factory, whether

for wages or otherwise, either in a process or in cleaning any part of the
factory used for any process, or in cleaning or oiling any part of the
machinery or plant, or in any other kind of work whatsoever incidental
to or connected with the process or connected with the article made or
otherwise the subject of the process therein, shall, save as is otherwise
provided by this Act, be deemed to be employed therein for the purposes
of this Act or of any proceedings thereunder.
(3) A young person who works in a factory, whether for wages or

otherwise, in collecting, carrying or delivering goods, carrying
messages or running errands shall be deemed to be employed in such
factory for the purposes of this Act or of any proceedings thereunder.
(4) For the purposes of this Act, an apprentice shall be deemed to be a

person employed.
4. (1) Save as in this Act otherwise expressly provided, the provisions Application of
of this Act shall apply only to factories as defined by this Act but shall, Act
except where the contrary intention appears, apply to all such factories.
(2) The provisions of this Act shall apply to any factories belonging to
or in occupation of the Republic and to building operations and works of
engineering construction undertaken by or on behalf of the Republic.
PART II
ADMINISTRATION
5. The Commissioner may delegate to any other public officer in Delegation of
writing and subject to such restrictions, reservations, exceptions and powers of
conditions as he may think fit, all or any of the powers conferred upon Commissioner
him by or under this Act.
6. (1) There shall be appointed as public officers a Chief Inspector of Appointment of

Factories and such other inspectors as shall be necessary for the proper inspectors
administration of this Act.
(2) Every inspector shall be furnished with a certificate of appointment

in the prescribed form, and when visiting a factory or place to which any
of the provisions of this Act apply shall, if required, produce such
certificate to the occupier of or other person holding a responsible
position of management at the factory or place.
7. An inspector shall, for the purposes of this Act, have power- Powers of
(a) to enter, inspect and examine, by day and night, any factory, and inspectors
every part thereof, when he has reasonable cause to believe that any
person is employed therein, and to enter, inspect and examine by day
any place which he has reasonable cause to believe to be a factory and
any part of any building of which a factory forms part and in which he
has reasonable cause to believe that explosive or highly inflammable
materials are stored or used;
(b) to take with him a police officer if he has reasonable cause to
apprehend any serious obstruction in the execution of his duty;
(c) to require the production of the registers, certificates, notices and
documents required under the provisions of this Act to be kept and to
inspect, examine and copy any of them;
(d) to make such examination and inquiry as may be necessary to
ascertain whether the provisions of this Act are complied with in respect
of any factory and of any persons employed therein;
(e) to require any person whom he finds in any factory to give such
information as it is in his power to give as to who is the occupier of the
factory;
(f) to examine, either alone or in the presence of any other person,
as he thinks fit, with respect to matters under this Act, the occupier, or
any person whom he finds in a factory or whom he has reasonable cause
to believe to be or to have been within the preceding three months
employed in a factory, and to require every such person to be so
examined and to sign a declaration of the truth of the matters respecting
which he has been so examined:
Provided that no person shall be required under this paragraph to answer

any question or to give any evidence tending to incriminate himself;
(g) in the case of an inspector who is a medical practitioner, to carry
out such medical examinations as may be necessary for the purposes of
his duties under this Act; and
(h) to exercise such other powers as may be necessary for carrying
this Act into effect.
8. The occupier of every factory and his agents and servants shall Duty to assist
furnish the means required by an inspector as necessary for an entry, inspector
inspection, examination, inquiry, the taking of samples, or otherwise for
the exercise of his powers under this Act in relation to that factory.
9. (1) No person shall obstruct an inspector in the execution of his Obstructing

duties under this Act. inspector
(2) If any person wilfully delays an inspector in the exercise of any

power under this Part, or fails to comply with the requisition of an
inspector in pursuance of this Part, or to produce any register, certificate,
notice or document which he is required by or in pursuance of this Act to
produce, or wilfully withholds any information as to who is the occupier
of any factory or conceals or prevents, or attempts to conceal or prevent,
a person from appearing before or being examined by an inspector, that
person shall be deemed to obstruct an inspector in the execution of his
duties under this Act.
(3) Any person who obstructs an inspector shall be guilty of an offence

and liable on conviction to a fine not exceeding three hundred penalty
units or to imprisonment for a period not exceeding one month.
10. (1) No inspector shall, save in the performance of his duty, publish Inspectors not
or disclose to any person the details of any manufacturing, commercial to disclose
or working process which may come to his knowledge in the course of information or
his duties. source of
complaints
(2) Unless authorised by the complainant, an inspector shall not divulge

to any person the source of any complaint bringing to his notice any
defect or breach of the provisions of this Act and shall give no
intimation to any owner, occupier or employer or a representative of
such owner, occupier or employer that a visit of inspection was made in
consequence of the receipt of such a complaint.
(3) Any inspector who contravenes the provisions of subsection (1) or

(2) shall be guilty of an offence.
PART III
REGISTRATION OF FACTORIES
11. The Commissioner shall maintain a register of factories, in which Register of

he shall cause to be entered such particulars in relation to every factory factories
as may be prescribed.
12. (1) Every person who on the commencement of this Act occupies a Registration of
factory shall within three months thereafter apply to the Commissioner, existing
by written notice containing the particulars prescribed under section factories
eleven, for the registration of the factory.
(2) Upon receipt of an application under subsection (1), the

Commissioner shall cause the factory to be registered and shall issue to
the occupier thereof a certificate of registration.
13. (1) No person shall occupy or use as a factory any premises which Registration of
were not so occupied or used on the commencement of this Act and in new factories
respect of which a certificate of registration under this section has not existing
been issued.
(2) Upon written application supported by the particulars prescribed

under section eleven being made to the Commissioner for the
registration of any premises to which subsection (1) refers, the
Commissioner shall-
(a) if he is satisfied that the premises comply with the provisions of

this Act or any orders or regulations made thereunder, cause the
premises to be registered and a certificate of registration to be issued; or
(b) if he is not so satisfied, refuse to register the premises and shall

state in writing the grounds for such refusal.
14. The occupier of any factory registered under this Part shall Notification of
forthwith notify the Commissioner in writing of any material change in change in
the particulars last notified in relation to that factory under section registered
twelve or thirteen. particulars
15. (1) No building shall be erected or converted for use as a factory Drawings of
and no extension shall be added to any existing factory save in factories
accordance with drawings showing plans and sections of the proposed
erection, conversion or addition which have been approved by the
Commissioner under subsection (2).
(2) Upon written application supported by such particulars as may be

prescribed being made to the Commissioner for the approval of any
drawings described in subsection (1), the Commissioner shall-
(a) if he is satisfied the drawings provide for suitable premises for

use as a factory of the type proposed, issue a certificate of approval of
such drawings; or
(b) if he is not so satisfied, refuse to issue any certificate of approval

of the drawings and shall state in writing the grounds for such refusal.
PART IV
APPEALS
16. (1) For the purpose of hearing and determining appeals in Establishment
accordance with the provisions of this Part or any proceedings incidental of Appeals
thereto or connected therewith, there is hereby established an Appeals Board
Board (hereinafter in this Part called "the Board").
(2) The chairman and members of the Board shall be appointed from
time to time by the Judicial Service Commission for such period as the
said Commission may think fit.
17. (1) Any person aggrieved by a decision of the Commissioner under Appeals to
the provisions of section thirteen or fifteen may appeal to the Board Board
therefrom.
(2) Every notice of appeal shall be in writing stating the grounds of the
appeal and shall be lodged with the chairman of the Board who, on
receipt of such notice, shall appoint a day and place for the hearing of
the appeal and shall notify the parties accordingly.
(3) The procedure for the institution and hearing of appeals to the Board
shall be in accordance with the provisions of this Part and any rules
which may be made by the Chief Justice, by statutory instrument, under
this section for the purpose of regulating such procedure.
(4) On the hearing and determination of any appeal under this Part-
(a) the Commissioner shall be a party to the proceedings;
(b) any party to the proceedings may appear in person or by counsel

or any agent thereunto authorised by him in writing.
18. (1) The Board may confirm, vary or reverse the decision of the Powers of
Commissioner with which the appeal is concerned. Board
(2) The Board shall not make any order as to costs unless it considers
the decision of the Commissioner to have been unreasonable or the
grounds of appeal to have been frivolous.
(3) Any decision by the Board under this Part shall be final and shall not
be challenged in any proceedings whatsoever.
PART V
HEALTH: GENERAL PROVISIONS
19. (1) Every factory shall be kept in a clean state, and free from Cleanliness
effluvia arising from any drain, sanitary convenience or nuisance.
(2) Without prejudice to the generality of subsection (1)-
(a) accumulations of dirt and refuse shall be removed daily from the
floors and benches of workrooms, and from the staircases and passages;
(b) the floor of every workroom shall be cleaned at least once in

every week by washing or, if it is effective and suitable, by sweeping or
other method;
(c) where any process is carried on in circumstances which render

the floor liable to be wet to such an extent that the fluid is capable of
being removed by drainage, effective means shall be provided and
maintained for draining off the fluid;
(d) all inside walls and partitions, and all ceilings or tops of rooms,
and all walls, sides and tops of passages and staircases shall-
(i) where they have a smooth impervious surface, at least once in
every period of fourteen months be washed with hot water and soap or
other suitable detergent or cleaned by other suitable method;
(ii) where they are kept painted in a prescribed manner or varnished,
be repainted in a prescribed manner or revarnished at such intervals of
not more than seven years as may be prescribed, and shall at least once
in every period of fourteen months be washed with hot water and soap or
other suitable detergent or cleaned by other suitable method;
(iii) in all other cases, be kept whitewashed or colourwashed and the
whitewashing or colourwashing shall be repeated at least once in every
period of fourteen months.
(3) Where it appears to the Commissioner that in any factory or class or

description of factory or parts thereof any of the foregoing provisions of
this section are by reason of special circumstances inappropriate or
unnecessary, he may, if he thinks fit, by order direct that those
provisions shall not apply to that factory or to factories or parts of
factories of that class or description, or shall apply as varied in the order.
20. (1) A factory shall not, while work is carried on, be so overcrowded Overcrowding
as to cause risk of injury to the health of the persons employed therein.
(2) Without prejudice to the generality of subsection (1), the number of

persons employed at a time in any workroom shall not be such that the
amount of cubic space allowed for each is less than twelve cubic metres.
(3) In calculating for the purposes of this section the amount of cubic
space in any room, no space more than four metres from the floor shall
be taken into account and, where a room contains a gallery, the gallery
shall be treated for the purposes of this section as if it were partitioned
off from the remainder of the room and formed a separate room.
(4) Every workroom shall not be less than three metres in height
measured from the floor to the lowest point of the ceiling or, where there
is no ceiling, to the lowest point of the roofing material.
21. Effective and suitable provision shall be made, by natural or General

artificial means, for securing and maintaining by the circulation of fresh ventilation
air in each workroom the adequate ventilation of the room, and for
rendering harmless, so far as practicable, all such fumes, dust and other
impurities generated in the course of any process or work carried on in
the factory as may be injurious to health.
22. (1) Effective provision shall be made for securing and maintaining Lighting
sufficient and suitable lighting, whether natural or artificial, in every
part of a factory in which persons are working or passing.
(2) All glazed windows and skylights used for lighting of workrooms
shall, so far as practicable, be kept clean on both the inner and outer
surfaces and free from obstruction:
Provided that this subsection shall not affect the whitewashing or

shading of windows and skylights for the purpose of mitigating glare or
heat.
23. Sufficient and suitable sanitary conveniences for the persons Sanitary
employed in the factory shall be provided, maintained and kept clean, conveniences
and effective provision shall be made for lighting the conveniences and,
where persons of both sexes are or are intended to be employed, the
conveniences shall afford proper separate accommodation for each sex.
24. The provisions of section twenty-three shall, in such areas of Enforcement of

Zambia as the Minister may by order direct, be enforced by such local provisions of
authority as may be specified in such order. section 23 by
local authority
25. Where an inspector finds any act or default in relation to any drain, Duty of
sanitary convenience, water supply, nuisance or other matter in a factory inspector as to
which is liable to be dealt with by a local authority by reason of any sanitary defects
order made under section twenty-four or under any written law relating remediable by
to public health, he shall give notice thereof in writing to the local local authority
authority.
26. (1) Where it appears to the Minister- Medical

supervision
(a) that in any factory or class or description of factory-

(i) cases of illness have occurred which he has reason to believe
may be due to the nature of a process or other conditions of work; or
(ii) by reason of changes in any process or in the substances used in
any process, or by reason of the introduction of any new process or new
substance for use in a process, there may be risk of injury to the health of
persons employed in that process; or
(iii) young persons are or are about to be employed in work which
may cause risk of injury to their health; or
(b) that there may be risk of injury to the health of persons employed
in a factory-
(i) from any substance or material brought to the factory to be used
or handled therein; or
(ii) from any change in the conditions of work or other conditions in
the factory;
he may make regulations requiring such reasonable arrangements to be
made for the medical supervision (not including medical treatment other
than first-aid treatment and medical treatment of a preventive character)
of the persons, or any class of the persons, employed at that factory or
class or description of factory as may be specified in the regulations.
(2) Where the Minister proposes to exercise his powers under this
section in relation to a particular factory and for a limited period, he may
exercise those powers by order instead of by regulations, and any such
order shall, subject to subsection (3), cease to have effect at the
expiration of such period as may be specified in the order.
(3) The Minister may by subsequent order or orders extend the said
period, but if the occupier of the factory by notice in writing to him
objects to any such extension, the original order shall cease to have
effect as from one month after the service of the notice, without
prejudice to the making of regulations in relation to the factory.
PART VI
SAFETY: GENERAL PROVISIONS
27. (1) Every flywheel directly connected to any prime mover and Prime movers
every moving part of any prime mover, except such prime movers as are
mentioned in subsection (3), shall be securely fenced, whether the
flywheel or prime mover is situated in an engine-house or not.
(2) The head and tail race of every water wheel and of every water
turbine shall be securely fenced.
(3) Every part of any electric generator, motor and rotary converter, and
every flywheel directly connected thereto, shall be securely fenced
unless it is in such a position or of such construction as to be as safe to
every person employed or working on the premises as it would be if
securely fenced.
28. (1) Every part of any transmission machinery shall be securely Transmission
fenced unless it is in such a position or of such construction as to be as machinery
safe to every person employed or working on the premises as it would be
if securely fenced.
(2) Efficient devices or appliances shall be provided and maintained in

every room or place where work is carried on by which the power can
promptly be cut off from the transmission machinery in that room or
place.
(3) Every machine intended to be driven by mechanical power shall be

provided with an efficient starting and stopping appliance, the control of
which shall be in such a position as to be readily and conveniently
operated by the person operating the machine.
(4) No driving-belt when not in use shall be allowed to rest or ride upon
a revolving shaft which forms part of the transmission machinery.
(5) Suitable striking gear or other efficient mechanical appliance shall

be provided and maintained and used to move driving-belts to and from
fast and loose pulleys which form part of the transmission machinery,
and any such gear or appliances shall be so constructed, placed and
maintained as to prevent the driving-belt from creeping back on to the
fast pulley.
(6) The Commissioner may, subject to any conditions therein specified,

issue a certificate of exemption from compliance with any of the
requirements of subsections (2), (4) and (5) in any case where he is
satisfied that compliance with the requirement is unnecessary or
impracticable.
29. (1) Every dangerous part of any machinery, other than prime Other
movers and transmission machinery, shall be securely fenced unless it is machinery
in such a position or of such construction as to be as safe to every person
employed or working on the premises as it would be if securely fenced.
(2) Any part of a stock-bar which projects beyond the head-stock of a

lathe shall be securely fenced unless it is in such a position as to be as
safe to every person employed or working on the premises as it would be
if securely fenced.
(3) Where the Commissioner is satisfied that there is available and
suitable for use in connection with machinery of any class any type or
description of safety device, he may by order direct that that type or
description of device shall be provided for use, either instead of or in
addition to any fencing, in connection with such class of machinery as
may be specified in the order.
30. (1) Subject to the provisions of subsection (2), in determining, for Provisions as to
the purposes of the foregoing provisions of this Part, whether any part of unfenced
machinery is in such a position or of such construction as to be as safe to machinery
every person employed or working on the premises as it would be if
securely fenced-
(a) no account shall be taken of any person carrying out, while the
part of machinery is in motion, an examination thereof or any
lubrication or adjustment shown by such examination to be immediately
necessary, if the examination, lubrication or adjustment can only be
carried out while the part of machinery is in motion; and
(b) in the case of any part of transmission machinery used in any

process with respect to which the Commissioner has certified in writing
that owing to the continuous nature of such process the stopping of that
part would seriously interfere with the carrying on of the process in such
factory, no account shall be taken of any person carrying out, by such
methods and in such circumstances and subject to such conditions as
may be specified in the certificate, any lubrication or any mounting or
shipping of belts.
(2) Subsection (1) shall only apply where-
(a) the examination, lubrication or other operation is carried out by a

male person who-
(i) has attained the apparent age of eighteen years;
(ii) has been appointed by the occupier of the factory, by prescribed
certificate attached to the general register, to carry out such
examination, lubrication or other operation, and has been furnished by
the occupier with a signed copy of such certificate;
(iii) has been sufficiently trained for the purposes of the work
entailed by, and is acquainted with the dangers of moving machinery
arising in connection with, such examination, lubrication or other
operation; and
(iv) has been provided by the occupier with and is wearing a
close-fitting single-piece garment in good repair, which is fastened by
means having no exposed loose ends and has no external pockets other
than a hip-pocket;
(b) another person, instructed as to the steps to be taken in case of

emergency, is immediately available within sight or hearing of any
person carrying out such examination, lubrication or other operation;
and
(c) any ladder in use for the carrying out of such examination,
lubrication or other operation is securely fixed or lashed or is firmly held
by a person standing at the foot of the ladder.
31. All fencing and other safeguards provided in pursuance of the Construction
foregoing provisions of this Part shall be of substantial construction, and and
constantly maintained and kept in position while the parts required to be maintenance of
fenced or safeguarded are in motion or use, except when any such parts fencing
are necessarily exposed for examination and for any lubrication or
adjustment shown by such examination to be immediately necessary
and all conditions imposed by or under section thirty are complied with.
32. (1) Every prime mover and other machine, being a machine Construction
intended to be driven by mechanical power, shall be so constructed that and supply of
the following parts of such prime mover or machine are securely fenced machinery
or are in such a position or are of such construction as to be as safe as
they would be if they were securely fenced:
All revolving shafts (including journal ends), flywheels, couplings,

toothed gearing, friction gearing, belt and pulley drives, chain and
sprocket drives, cams, crank arms and slide blocks and all projecting
screws, bolts or keys on any moving part:
Provided that the foregoing requirements shall not apply to a pulley,

coupling or other part of a prime mover or machine intended for
connecting to the prime mover or machine means of transmitting motion
from the prime mover or from or to the machine, as the case may be,
other than means of transmitting motion from the prime mover to the
machine where the prime mover and machine are constructed as a
combined unit appliance.
(2) Every prime mover and other machine, being a machine intended to
be driven by mechanical power, shall be so constructed that every lever,
handle, switch or other device whose accidental movement or
displacement is liable to cause danger, shall, where practicable (unless it
is so placed or the appliance is so constructed as to prevent accidental
movement or displacement) be provided with a suitable spring or other
locking or shrouding arrangement to prevent the accidental movement
or displacement.
(3) Any person who, after the expiry of a period of two years from the
commencement of this Act, sells or lets on hire, or as agent of the seller
or hirer causes or procures to be sold or let on hire, for use in a factory in
Zambia, any prime mover, or other machine intended to be driven by
mechanical power, which does not comply with the requirements of
subsections (1) and (2) shall be guilty of an offence and liable to a fine
not exceeding one thousand five hundred penalty units.
(4) Nothing in this section shall be deemed to relieve the occupier of a

factory of any responsibility placed on him under this Act in relation to
any machinery used in that factory.
(5) The Minister may by regulations extend the provisions of subsection

(3) to plant which does not comply with such requirements of this Act or
of any regulations made thereunder as may be specified in the
regulations, and any regulations made under this subsection may relate
to plant in a specified process.
(6) An offence under subsection (3) or (5) shall, where necessary for the
purpose of conferring jurisdiction on any court to entertain proceedings
for the offence, be deemed to have been committed in the place where
the machine or, as the case may be, the plant, is for the time being.
33. (1) Every fixed vessel, structure, sump or pit of which the edge is Vessels
less than one metre above the highest ground or platform from which a containing
person might fall into it shall, if it contains any scalding, corrosive or dangerous
poisonous liquid, or any molten metal, either be securely covered or be substances
securely fenced to at least one metre above that ground or platform, or
where by reason of the nature of the work neither secure covering nor
secure fencing to that height is practicable, all practicable steps shall be
taken by covering, fencing or other means to prevent any person from
falling into the vessel, structure, sump or pit.
(2) Every such vessel, structure, sump or pit as is mentioned in

subsection (1) shall be clearly indicated by a warning notice bearing in
red letters in English and in at least one vernacular language commonly
used by the employees in the factory, the word "DANGER".
(3) Where any fixed vessel, structure, sump or pit contains any scalding,
corrosive or poisonous liquid or any molten metal, but is not securely
covered, no ladder, stair or gangway shall be placed above, across or
inside it which is not-
(a) at least five hundred millimetres wide; and
(b) securely fenced on both sides to a height of at least one metre

and securely fixed.
(4) Where any vessels, structures, sumps or pits adjoin and one or more
of them contains any scalding, corrosive or poisonous liquid or any
molten metal, and the space between them, clear of any surrounding
brick or other work, is less than five hundred millimetres in width or is
not securely fenced on both sides to a height of at least one metre, secure
barriers shall be so placed as to prevent passage between them.
(5) For the purposes of this section, a ladder, stair or gangway shall not
be deemed to be securely fenced unless it is provided with sheet fencing
or with an upper and a lower rail and toe-boards, or, where appropriate,
with suitable safety hoops or cages.
(6) The Minister may by regulations extend any of the provisions of this
section so as to make them applicable-
(a) to a vessel or structure which is not fixed; or
(b) to a vessel, structure, sump or pit containing a substance which is

not a liquid; and, in relation to any substance which is not a liquid, the
expression "scalding", in a provision extended under paragraph (b),
shall be taken to mean "likely to cause burns"
(7) The Minister may by order exempt from the requirements of this
section any class of vessel, structure, sump or pit in the case of which he
is satisfied that the requirements are unnecessary or inappropriate.
34. (1) No traversing part of any self-acting machine and no material Self-acting
carried thereon shall, if the space over which it runs is a space over machines
which any person is liable to pass, whether in the course of his
employment or otherwise, be allowed on its outward or inward traverse
to run within a distance of five hundred millimetres from any fixed
structure not being part of the machine.
(2) All practical steps shall be taken by instructions to the person in

charge of the machine and otherwise to ensure that no person employed
shall be in the space between any traversing part of a self-acting
spinning mule and any fixed part of the machine towards which the
traversing part moves on the inward run, except when the machine is
stopped with the traversing part on the outward run.
35. No person shall be employed at any machine or in any process, Training and
being a machine or process liable to cause bodily injury, unless he has supervision of
been fully instructed as to the dangers likely to arise in connection inexperienced
therewith and the precautions to be observed, and- workers
(a) has received a sufficient training in work at the machine or in the
process; or
(b) is under adequate supervision by a person who has a thorough
knowledge and experience of the machine or process.
36. (1) All floors, steps, stairs, passages and gangways shall be of Floors, steps,
sound construction and properly maintained and shall, so far as is stairs, passages
reasonably practicable, be kept free from any obstruction and from any and gangways
substance likely to cause persons to slip.
(2) For every staircase in a building or affording a means of exit from a

building, a substantial hand-rail shall be provided and maintained,
which if the staircase has an open side, shall be on that side, and in the
case of a staircase having two open sides or of a staircase which, owing
to the nature of its construction or the condition of the surface of the
steps, or other special circumstances, is specially liable to cause
accidents, such a hand-rail shall be provided and maintained on both
sides.
(3) Any open side of a staircase shall also be guarded by the provision
and maintenance of a lower rail or other effective means.
(4) All openings in floors shall be securely fenced, except in so far as

the nature of the work renders such fencing impracticable.
(5) All ladders shall be soundly constructed and properly maintained

and shall, where liable to slip, be properly secured or fitted with
effective devices to prevent skidding, or be firmly held by a person
stationed at the foot of the ladder.
37. (1) There shall, so far as is reasonably practicable, be provided and Safe means of
maintained safe means of access to and egress from every place at which access and safe
any person has at any time to work, and every such place shall, so far as place of
is reasonably practicable, be made and kept safe for any person working employment
there.
(2) Sufficient clear and unobstructed space shall be maintained at every

machine while in motion to enable work to be carried on without
unnecessary risk to any person.
(3) Where any person has to work at a place from which he will be
liable to fall a distance exceeding two metres then, unless the place is
one which affords secure foothold and, where necessary, secure
handhold, means shall be provided, so far as is reasonably practicable,
by fencing or otherwise, for ensuring his safety.
38. (1) The provisions of subsections (2) to (7) shall have effect where Precautions in
work in any factory has to be done inside any chamber, tank, places where
tank-wagon, vat, pit, pipe, flue, or other confined space in which dangerous
dangerous fumes are liable to be present to such an extent as to involve fumes are liable
risk of persons being overcome thereby. to be present
(2) The confined space shall be provided with adequate means of
egress.
(3) Subject to subsection (4), no person shall enter or remain in the

confined space for any purpose unless he is wearing a suitable breathing
apparatus and has been authorised to enter by a responsible person, and,
where practicable, he is wearing a belt with a rope securely attached and
a person keeping watch outside and capable of pulling him out is
holding the free end of the rope.
(4) Where the confined space has been certified by a responsible person
as being, for a specified period, safe for entry without breathing
apparatus and the period so specified has not expired, the
aforementioned provisions of this section shall not apply, but no person
shall enter or remain in the space unless he has been warned when that
period will expire.
(5) A confined space shall not be certified under subsection (4) unless-
(a) effective steps have been taken to prevent any ingress of

dangerous fumes;
(b) any sludge or other deposit liable to give off dangerous fumes
has been removed and the space contains no other material liable to give
off dangerous fumes; and
(c) the space has been adequately ventilated and tested for
dangerous fumes and has a supply of air adequate for respiration; but no
account shall be taken for the purposes of paragraph (b) of any deposit
or other material liable to give off dangerous fumes in insignificant
quantities only.
(6) There shall be provided and kept readily available a sufficient

supply of suitable breathing apparatus, of belts and ropes, and of
suitable reviving apparatus and oxygen, and the apparatus and belts and
ropes shall be maintained and shall be thoroughly examined by a
competent person at least once a month.
(7) A sufficient number of persons employed shall be trained and

practised in the use of the apparatus mentioned in subsection (6) and in a
method of restoring respiration.
(8) The Commissioner may by certificate grant, subject to any

conditions specified in the certificate, exemption from compliance with
any of the requirements of the foregoing provisions of this section in any
case where he is satisfied that compliance with those requirements is
unnecessary or impracticable.
(9) No person shall enter or remain in any confined space in which the
proportion of oxygen in the air is liable to have been substantially
reduced unless either-
(a) he is wearing a suitable breathing apparatus; or
(b) the space has been and remains adequately ventilated and a
responsible person has tested and certified it as safe for entry without
breathing apparatus.
(10) No work shall be permitted in any boiler-furnace or boiler-flue

until it has been sufficiently cooled by ventilation or otherwise to make
work safe for the persons employed.
39. (1) Where, in connection with any grinding, sieving or other Precautions
process giving rise to dust, there may escape dust of such character and with respect to
to such an extent as to be liable to explode on ignition, all practicable explosive or
steps shall be taken to prevent such an explosion by enclosure of the inflammable
plant used in the process, and by removal or prevention of accumulation dust, gas,
of any dust that may escape in spite of the enclosure, and by exclusion or vapour or
effective enclosure of possible sources of ignition. substance
(2) Where there is present in any plant used in any such process as
aforesaid dust of such a character and to such an extent as to be liable to
explode on ignition, then, unless the plant is so constructed as to
withstand the pressure likely to be produced by any such explosion, all
practicable steps shall be taken to restrict the spread and effects of such
an explosion by the provision, in connection with the plant, of chokes,
baffles and vents or other equally effective appliances.
(3) Where any part of a plant contains any explosive or inflammable gas
or vapour under pressure greater than atmospheric pressure, that part
shall not be opened, except in accordance with the following provisions:
(a) before the fastening of any joint of any pipe connected with the
part of the plant or the fastening of the cover of any opening into the part
is loosened, any flow of the gas or vapour into the part or into any such
pipe shall be effectively stopped by a stop-valve or otherwise;
(b) before any such fastening as aforesaid is removed, all practicable

steps shall be taken to reduce the pressure of the gas or vapour in the
pipe or part of the plant to atmospheric pressure;
and if any such fastening has been loosened or removed, no explosive or
inflammable gas or vapour shall be allowed to enter the pipe or part of
the plant until the fastening has been secured, or, as the case may be,
securely replaced:
Provided that this subsection shall not apply to plant installed in the
open air.
(4) No plant, tank or vessel which contains or has contained any

explosive or inflammable substance shall be subjected-
(a) to any welding, brazing or soldering operation;
(b) to any cutting operation which involves the application of heat;

or
(c) to any operation involving the application of heat for the purpose
of taking apart or removing the plant, tank or vessel or any part of it;
until all practicable steps have been taken to remove the substance and
any fumes arising from it, or to render them non-explosive or
non-inflammable; and if any plant, tank or vessel has been subjected to
any such operation, no explosive or inflammable substance shall be
allowed to enter the plant, tank or vessel until the metal has cooled
sufficiently to prevent any risk of igniting the substance.

any of the requirements of subsections (3) and (4) in any case where he
is satisfied that compliance with the requirement is unnecessary or
impracticable.
40. (1) In every factory there shall be provided and maintained Prevention and
appropriate means for fighting fire, which shall be so placed as to be fighting of fire
readily available for use, and persons trained in the correct use of such
means shall be present during all working periods.
(2) The Minister may by regulations prescribe for any class or

description of factory or part thereof specified means for fighting fire,
and any such regulations may provide for the testing or examination of
the means so specified and for the recording of particulars of the tests or
examinations and of any defects found and action taken to remedy the
defects.
(3) The Minister may make regulations requiring means to be provided

in any class or description of factory for notifying the fire brigade in
case of fire and requiring employed persons to be made familiar with
their use.
(4) Regulations made under this section may provide, as regards any of
their provisions, that some other person or persons shall be responsible
for a contravention thereof instead of or as well as the occupier.
(5) Any requirement imposed by regulations made under subsection (2)

may be so imposed either in substitution for or without prejudice to the
general requirements of subsection (1).
(6) The Minister may by order grant exemption from the requirements
of subsection (1) and any such order may apply to any particular factory
or part of a factory or any class or description of factory.
(7) All stocks of highly inflammable substances shall be kept either in a

fire-resisting store or in a safe place outside any occupied building:
Provided that no such store as aforesaid shall be so situated as to

endanger the means of escape from the factory or from any part thereof
in the event of a fire occurring in the store.
(8) No fire, flame, open light or other agency likely to ignite any
volatile inflammable substance shall be permitted in any part of a
factory in which such substance is used or is likely to be present.
(9) No person shall be allowed to smoke in any part of a factory where

any volatile inflammable substance is used, and a notice prohibiting
smoking shall be posted in a conspicuous place in every such part of the
premises.
41. (1) Every factory shall be provided with adequate means of escape Means of
in case of fire for the persons employed therein, and all such means shall escape and
be properly maintained and kept free from obstruction. warning in case
of fire
(2) The contents of any room in which persons are employed shall be so
arranged or disposed that there is a free passage-way for all persons
employed in the room to a means of escape in case of fire.
(3) Where any person is within a factory for the purpose of employment
or meals, the doors of the factory, and of any room therein in which the
person is, and any doors which afford a means of exit for persons
employed in the factory from any building or from any enclosure in
which the factory is situated, shall not be locked or fastened in such a
manner that they cannot be easily and immediately opened from the
inside.
(4) Any doors opening on to any staircase or corridor from any room in
which more than ten persons are employed, and in the case of any
factory constructed or converted for use as a factory after the
commencement of this Act, all other doors affording a means of exit
from the factory for persons employed therein, shall, except in the case
of sliding doors, be constructed to open outwards.
(5) In any factory constructed or converted for use as a factory before

the commencement of this Act in which more than ten persons are
employed in the same building above the ground floor, any door, which
is not kept continuously open, at the foot of a staircase affording a
means of exit from the building, shall, except in the case of sliding
doors, be constructed to open outwards.
(6) Doors giving access to stairways shall not open immediately on to a
flight of stairs, but on to a landing of adequate width.
(7) Every window, door or other exit affording means of escape in case
of fire or giving access thereto, other than the means of exit in ordinary
use, shall be distinctively and conspicuously marked by a notice printed
in red letters of adequate size.
(8) Every hoistway or liftway inside a building constructed after the

commencement of this Act shall be completely enclosed with
fire-resisting materials, and all means of access to the hoist or lift shall
be fitted with doors of fire-resisting materials:
Provided that any such hoistway or liftway which is not provided with a
vent at the top shall be enclosed at the top only by some material easily
broken by fire.

any of the requirements of subsection (8) in any case where he is
satisfied that compliance with those requirements is inappropriate or
undesirable.
(10) Where in any factory more than twenty persons are employed in
the same building or explosive or highly inflammable materials are
stored or used in any building in which persons are employed, effective
means, capable of being operated without exposing any person to undue
risk, shall be provided and maintained for giving warning in case of fire,
which shall be clearly audible throughout the building or, where the
factory is part only of the building, in every part of the building which is
used for the purposes of the factory.
(11) The Minister may by regulations apply the provisions of

subsection (10) to any class or description of factory.
(12) The Minister may by order grant exemption from or modify the
requirements of subsection (10) in any case where it appears to him that
those requirements are unnecessary or, as the case may be, would,
unless modified, be unreasonable; and any such order may apply to any
particular factory or part of a factory or any class or description of
factory.
42. (1) There shall be tested and examined at least once in every period Testing and
of three months and whenever an inspector so requires every means for examination of
giving warning in case of fire which is required to be provided by or fire warning
under this Act.
(2) The Minister may by regulations provide that, in relation to any

class or description of appliance or in relation to any class or description
of factory, subsection (1) shall have effect with the substitution for the
period of three months of such period as may be specified in the
regulations.
(3) The Minister may by regulations prescribe the nature of the test or
examination to be carried out in pursuance of this section.
(4) There shall be entered in or attached to the general register the date
of every test or examination carried out in pursuance of this section and
particulars of any defect found and the date and particulars of any action
taken to remedy any such defect.
43. (1) Where in any factory more than twenty persons are employed in Fire drills
the same building above the first floor or more than six metres above the
ground level, or explosive or highly inflammable materials are stored or
used in any building where persons are employed, effective steps shall
be taken to ensure that all the persons employed are familiar with the
means of escape in case of fire and their use and with the routine to be
followed in case of fire.
(2) The Minister may by regulations apply the provisions of subsection

(1) to any class or description of factory.
(3) The Minister may make regulations as to the steps to be taken for the
purposes of subsection (1) in factories to which that subsection applies,
or any class or description thereof.
44. The Minister may make regulations as to the means of escape in Regulations for
case of fire to be provided in factories or any class or description of means of escape
factory.
45. (1) The Minister may make regulations as to the measures to be Regulations for
taken to reduce the risk of fire breaking out in any factory or of any such fire prevention
fire or smoke therefrom spreading in any factory, and such regulations
may, among other things, prescribe requirements as to the internal
construction of a factory and the materials used in the construction.
(2) Regulations made under this section may provide, as regards any of
their provisions, that some other person or persons shall be responsible
for a contravention thereof instead of or as well as the occupier.
46. Where it appears to the Minister that, in view of the number and Regulations for
nature of accidents occurring in any factory or class or description of special safety
factory, special provision ought to be made at that factory or at factories arrangements
of that class or description to secure the safety of persons employed for the
therein, he may make regulations requiring the occupier to make such prevention of
reasonable provision by arrangements for special supervision in regard accidents
to safety, investigation of the circumstances and causes of accidents, and
otherwise as may be specified in the regulations.
PART VII
SAFETY: LIFTING MACHINERY
47. (1) Every hoist and lift shall be of good mechanical construction, Hoists and lifts
sound material and adequate strength, and consistent with a relevant
standard specification, and shall, together with all gates, interlocking or
other devices required by this section to be fitted, be properly
maintained.
(2) Every hoist or lift shall be thoroughly examined by a competent

person at least once in every period of six months, and a report of the
result of every such examination in the prescribed form shall be signed
by the person making the examination and shall, within fourteen days,
be entered in or attached to the general register.
(3) Every hoistway or liftway shall be efficiently protected by a suitable
enclosure fitted with gates, being such an enclosure as to prevent, when
the gates are shut, any person falling down the way or coming into
contact with any moving part of the hoist or lift.
(4) Any such gate as aforesaid shall be fitted with efficient interlocking
or other devices to secure that the gate cannot be opened except when
the cage or platform is at the landing and that the cage or platform
cannot be moved away from the landing until the gate is closed.
(5) If, in the case of a hoist or lift constructed or reconstructed before

the commencement of this Act, it is not reasonably practicable to fit it
with such devices as are mentioned in subsection (4), it shall be
sufficient if the gate-
(a) is provided with such arrangements as will secure the objects of

that subsection so far as is reasonably practicable; and
(b) is kept closed and fastened except when the cage or platform is
at rest at the landing.
(6) Every hoist or lift and every such enclosure as is mentioned in

subsection (3) shall be so constructed as to prevent any part of any
person or any goods carried in the hoist or lift being trapped between
any part of the hoist or lift and any fixed structure or between the
counterbalance weight and any other moving part of the hoist or lift.
(7) There shall be marked in a conspicuous place on every hoist or lift

the maximum working load which it can safely carry and no load greater
than the maximum working load shall be carried on any hoist or lift.
48. (1) The following additional requirements shall apply to hoists and Hoists and lifts
lifts used for carrying persons whether together with goods or otherwise: used for
carrying
persons
(a) efficient automatic devices shall be provided and maintained to

prevent the cage or platform overrunning;
(b) every cage shall on each side from which access is afforded to a
landing be fitted with a gate, and in connection with every such gate
efficient devices shall be provided to secure that, when persons or goods
are in the cage, the cage cannot be raised or lowered unless the gate is
closed, and will come to rest when the gate is opened; and
(c) there shall be marked in a conspicuous place on every such hoist

or lift the maximum number of persons which the hoist or lift is
designed to carry.
(2) In the case of a hoist or lift constructed or reconstructed before the

commencement of this Act in connection with which it is not reasonably
practicable to provide such devices as are mentioned in paragraph (b) of
subsection (1), it shall be sufficient if-
(a) such arrangements are provided as will secure the objects of that
paragraph so far as is reasonably practicable; and
(b) the gate is kept closed and fastened except where the cage is at
rest or empty.
(3) In the case of a hoist or lift used as mentioned in subsection (1)

which was constructed after the commencement of this Act, where the
platform or cage is suspended by rope or chain, there shall be at least
two ropes or chains separately connected with the platform or cage, each
rope or chain and its attachments being capable of carrying the whole
weight of the platform or cage and its maximum working load, and
efficient devices shall be provided and maintained which will support
the platform or cage with its maximum working load in the event of a
breakage of the ropes or chains or any of their attachments.
49. Every teagle opening or similar doorway used for hoisting or Teagle
lowering goods, materials, or plant, whether by mechanical power or openings and
otherwise, shall be securely fenced and shall be provided with a secure similar
hand-hold on each side of the opening or doorway, and such fencing doorways
shall be properly maintained and shall, except when the hoisting of
goods, materials, or plant is being carried on at the opening or doorway,
be kept in position.
50. (1) For the purposes of sections forty-seven and forty-eight, no Hoists and lifts:
lifting machine or appliance shall be deemed to be a hoist or lift unless it supplementary
has a platform or cage the direction of movement of which is restricted provisions and
by a guide or guides. exceptions
(2) Subsections (3) to (7) of section forty-seven and section forty-eight

shall not apply in the case of a continuous hoist or lift, and in such a case
subsection (2) of section forty-seven shall have effect as if for the
reference to six months there were substituted a reference to twelve
months.
(3) Subsections (4) and (5) of section forty-seven and section forty-eight
shall not apply in the case of a hoist or lift not connected with
mechanical power; and in such a case-
(a) subsection (2) of section forty-seven shall have effect as if for the
reference to six months there were substituted a reference to twelve
months; and
(b) any gates to be fitted under subsection (3) of section forty-seven

shall be kept closed and fastened except when the cage or platform is at
rest at the landing.
(4) If it is shown to the satisfaction of the Commissioner that it would be

unreasonable in the special circumstances of the case to enforce any
requirement of this section or of section forty-seven, forty-eight or
forty-nine in respect of any particular hoist, lift, hoistway, liftway or
teagle opening or similar doorway, he may by certificate grant
exemption from compliance with such requirement.
51. (1) The following provisions shall be complied with as respects Chains, ropes
every chain, rope or lifting tackle used for the purpose of raising or and lifting
lowering persons, goods, materials or plant: tackle
(a) no chain, rope or lifting tackle shall be used unless it is of good

construction, sound material, adequate strength, suitable quality and
free from patent defect;
(b) a table showing the safe working loads of every kind and size of
chain, rope or lifting tackle in use, and, in the case of a multiple sling,
the safe working load at different angles of the legs, shall be
prominently displayed on the premises, and no chain, rope or lifting
tackle not shown in the table shall be used;
(c) no chain, rope or lifting tackle shall, save for the purpose of
testing, be used for any load exceeding the safe working load;
(d) all chains, ropes and lifting tackle in use shall be thoroughly
examined by a competent person at least once in every period of six
months, or at such greater intervals as the Commissioner may by order
direct;
(e) no chain, rope or lifting tackle, except a fibre rope or fibre rope
sling, shall be taken into use in any factory for the first time in that
factory unless it has been tested and thoroughly examined by a
competent person and a certificate of the test and examination
specifying the safe working load and signed by the person making the
test and examination has been obtained and is kept available for
inspection:
Provided that the provisions of this paragraph shall not apply to

any chain, rope or lifting tackle in respect of which there has been
obtained, and is kept available for inspection, a certificate of test and
thorough examination issued by the manufacturer of the chain, rope or
lifting tackle.
(2) Paragraph (b) of subsection (1) shall not apply in relation to any
lifting tackle if its safe working load or, in the case of a multiple sling,
the safe working load at different angles of the legs is plainly marked on
it.
(3) An inspector may, in writing addressed to the occupier, direct that

wrought iron chains or lifting tackle in use in any factory be annealed or
otherwise treated by heat at such specified intervals as he considers
necessary.
(4) In this section, "lifting tackle" means chain slings, rope slings or
similar gear, and rings, links, hooks, plate clamps, shackles, swivels or
eye bolts.
52. (1) All parts and working gear, whether fixed or movable, including Cranes and
the anchoring and fixing appliances, of every lifting machine shall be of other lifting
good mechanical construction, sound material, adequate strength and machines
free from patent defect, and shall be properly maintained.
(2) All such parts and gear shall be thoroughly examined by a

competent person at least once in every period of fourteen months.
(3) All rails on which a travelling crane moves and every track on which
the carriage of a transporter or runway moves shall be of proper size and
adequate strength and have an even running surface; and any such rails
or track shall be properly laid, adequately supported or suspended, and
properly maintained.
(4) There shall be plainly marked on every lifting machine the safe
working load or loads thereof:
Provided that, in the case of a jib crane so constructed that the safe
working load thereof may be varied by the raising and lowering of the
jib, there shall be attached thereto either an automatic indicator of safe
working loads or a table indicating the safe working loads at
corresponding inclinations of the jib, or corresponding radii of the load.
(5) No lifting machine shall, except for the purpose of a test, be loaded
beyond the safe working load.
(6) No lifting machine shall be taken into use in any factory for the first
time in that factory unless it has been tested, and all such parts and
working gear of the machine as are specified in subsection (1) have been
thoroughly examined by a competent person, and a certificate of the test
and examination specifying the safe working load or loads of the
machine and signed by the person making the test and examination has
been obtained and is kept available for inspection:
Provided that the provisions of this subsection shall not apply to any
lifting machine in respect of which there has been obtained, and is kept
available for inspection, a certificate of test and thorough examination
issued by the manufacturer of the machine.
(7) If any person is employed or working on or near the wheel-track of

an overhead travelling crane in any place where he would be liable to be
struck by the crane, effective measures shall be taken to ensure that the
crane does not approach within six metres of that place.
(8) If any person is employed or working otherwise than mentioned in

subsection (7) but in a place above floor level where he would be liable
to be struck by an overhead travelling crane, or by any load carried by
such a crane, effective measures shall be taken to warn him of the
approach of the crane, unless his work is so connected with, or
dependent on, the movements of the crane as to make a warning
unnecessary.
(9) In this section, "lifting machine" means a crane, crab, winch, teagle,
pulley block, gin wheel, transporter or runway.
53. A register, containing the prescribed particulars, shall be kept in Register of

respect of all chains, ropes or lifting tackle (except fibre rope slings) to chains, ropes
which section fifty-one applies, and in respect of all lifting machines to and lifting
which section fifty-two applies. tackle and
lifting machines
PART VIII
SAFETY: STEAM BOILERS, ETC.
54. (1) Subject to subsection (3), every steam boiler, whether separate Steam boilers:
or one of a range- attachments and
construction
(a) shall have attached to it the devices mentioned in subsection (2);
(b) shall be provided with means for attaching a test pressure gauge;
(c) shall, unless the subject of a written exemption by an inspector,

be provided with a suitable fusible plug or an efficient low-water alarm;
and
(d) shall have at least one reliable feed apparatus capable of

maintaining an ample supply of water to the boiler:
Provided that-
(i) where the feed apparatus is an injector, a second means of
feeding consisting of a power or hand-pump shall be fitted; and
(ii) for the purposes of this paragraph, two or more boilers combined
for joint working shall be deemed to be one boiler.
(2) The devices referred to in subsection (1) are-
(a) a suitable safety-valve, separate from any stop-valve, which

shall be so adjusted as to prevent the boiler being worked at a pressure
greater than the maximum permissible working pressure and shall be
fixed directly to, or as close as practicable to, the boiler;
(b) a suitable stop-valve fixed directly to, or as close as practicable

to, such boiler, and connecting the boiler to the steam pipe;
(c) a correct steam pressure gauge connected to the steam space and
easily visible by the boiler attendant, which shall indicate the pressure of
steam in the boiler in bars, and have marked on it in a distinctive colour
the maximum permissible working pressure;
(d) at least one water gauge of transparent material or other type

approved by the Commissioner to show the water level in the boiler,
together, if the gauge is of the glass tubular type and the working
pressure of the boiler normally exceeds 2,500 bars, with an efficient
guard provided so as not to obstruct the reading of the gauge;
(e) where the boiler is one of two or more boilers, a plate bearing a
distinctive number which shall be easily visible.
(3) Paragraph (b) of subsection (2) shall not apply with respect to
economisers, and paragraphs (c), (d) and (e) of that subsection and
paragraphs (b) and (c) of subsection (1) shall not apply with respect to
either economisers or superheaters.
(4) For the purposes of the foregoing provisions of this section, a

lever-valve shall not be deemed a suitable safety-valve unless the weight
is secured on the lever in the correct position.
(5) Every part of every steam boiler shall be of good construction,
sound material and adequate strength, and free from patent defect and
consistent with a relevant standard specification.
55. (1) Every steam boiler attendant shall be properly instructed as to Steam boilers:
his duties. maintenance,
examination
and use
(2) Every steam boiler and all its fittings and attachments shall be
(3) Every steam boiler and all its fittings and attachments shall be
thoroughly examined by an inspector or other person authorized by the
Commissioner at intervals not exceeding eighteen months and also as
soon as practicable after any extensive repairs.
(4) The occupier of a factory shall notify an inspector in writing

whenever-
(a) general retubing, renewal of furnaces or flues, affixing of new

rivets, plates or patches, replacement of stays or gussets, the building up
of wasted areas by any welding process or any other such major repairs
are to be executed to a steam boiler;
(b) major repairs as described in paragraph (a) have been executed

to a steam boiler;
(c) he ceases permanently to use a steam boiler;
(d) a steam boiler is to be removed from his factory for use

elsewhere or is to be resited within the factory; and
(e) a steam boiler is damaged.
(5) Any examination carried out in accordance with the requirements of

subsection (3) shall include-
(a) an examination of the boiler when it is cold which shall not be
carried out until the interior and exterior of the boiler have been
prepared in such manner as the person who is to make the examination
may require; and
(b) except in the case of an economiser or superheater, an

examination when the boiler is under normal steam pressure which
examination may, with the approval of the person carrying out the
examination when cold, be carried out by some other person.
(6) The examination under pressure in accordance with paragraph (b) of

subsection (5) shall be made on the first occasion when steam is raised
after the examination when cold, or as soon as possible thereafter, and
the person making such examination shall ensure that the safety-valve is
so adjusted as to prevent the boiler being worked at a pressure greater
than the maximum permissible working pressure.
(7) A report in the prescribed form of every examination made under

the provisions of subsection (3) shall, as soon as practicable after the
completion of the examination, be attached to or entered in the boiler
book, and each such report shall be signed by the person making the
examination.
(8) No steam boiler which has previously been used shall be taken into
use in any factory for the first time in that factory until it has been
examined and reported upon in accordance with the provisions of this
section.
(9) No new steam boiler shall be taken into use until an inspector has
been supplied with-
(a) the manufacturer's complete specifications which shall include

full details of the chemical composition and physical properties of the
material of all rivets, plates, sections, tubes, bars and electrodes used for
pressure parts;
(b) dimensioned drawings of the complete boiler, showing the

thickness of plates, details of all rivetting, the thickness of plates and the
position and extent of all welds; and
(c) the manufacturer's test certificate.
(10) Where the report of any examination made under the provisions of
this section specifies conditions for securing the safe working of a steam
boiler, such boiler shall not be used except in accordance with those
conditions.
(11) In respect of every steam boiler in a factory, the occupier of such

factory shall keep a boiler book in the prescribed form in which shall be
entered-
(a) the dates on which such boiler is brought into and taken out of
commission;
(b) the dates on which such boiler is cleaned, examined or tested;

and
(c) the dates and details of any alterations or repairs to such boiler.
(12) This section shall not apply to any steam boiler which belongs to
and is used by Zambia Railways or to the boiler of any ship.
56. No person shall enter or be in any steam boiler which is one of a Steam boilers:
range of two or more steam boilers unless- restriction on
(a) all inlets through which steam or hot water might otherwise enter entry
such boiler from any other part of the range are disconnected from that
part; or
(b) all valves or taps controlling such entry are closed and securely
locked, and, where such boiler has a blow-off pipe in common with one
or more other steam boilers or into a common blow-off vessel or sump,
the blow-off valve or tap on each such boiler is so constructed that it can
only be opened by a key which cannot be removed until the valve or tap
is closed and is the only key in use for that set of blow-off valves or taps.
57. (1) Every steam receiver not so constructed as to withstand with Steam receivers
safety the maximum permissible working pressure of the boiler with and steam
which it is connected or the maximum pressure which can be obtained in containers
the pipe connecting the receiver with any other source of supply of
steam shall be fitted with-
(a) a suitable reducing valve or other suitable automatic appliance to
prevent the safe working pressure being exceeded;
(b) a suitable safety-valve so adjusted as to permit the steam to

escape as soon as the safe working pressure is exceeded, or a suitable
appliance for cutting off automatically the supply of steam as soon as
the safe working pressure is exceeded;
(c) a correct steam pressure gauge, which shall indicate the pressure
of steam in the receiver in bars; and
(d) a suitable stop-valve; and
(e) except where only one steam receiver is in use, a plate bearing a
distinctive number which shall be easily visible.
(2) The safety-valve and pressure gauge required by the provisions of

subsection (1) shall be fitted either on the steam receiver or on the
supply pipe between the receiver and the reducing valve or other
appliance provided to prevent the safe working pressure being
exceeded.
(3) For the purposes of the provisions of subsection (1), except

paragraph (e) thereof, any set of receivers supplied with steam through a
single pipe and forming part of a single machine may be treated as one
receiver, and for the purpose of the said subsection except paragraphs
(d) and (e) thereof, any other set of receivers supplied with steam
through a single pipe may be treated as one receiver:
Provided that this subsection shall not apply to any such set of receivers
unless the reducing valve or other appliance provided to prevent the safe
working pressure being exceeded is fitted on the said single pipe.
(4) Every part of every steam receiver shall be of good construction,

sound material, adequate strength and free from patent defect and
consistent with a relevant standard specification.
(5) Every steam receiver and its fittings shall be properly maintained
and shall be thoroughly examined by an inspector or other person
authorised by the Commissioner, so far as the construction of the
receiver permits, at intervals not exceeding three years.
(6) The examination specified in subsection (5) shall not be carried out
until the interior and exterior of the steam receiver have been prepared in
such manner as the person who is to make the examination may require.
(7) A report in the prescribed form of the result of every examination

made under the provisions of this section (including particulars of the
safe working pressure) shall, as soon as practicable after the completion
of the examination, be attached to or entered in the boiler book and each
such report shall be signed by the person making the examination.
(8) Every steam container shall be so maintained as to secure the outlet

is at all times kept open and free from obstruction.
58. (1) Every air receiver- Air receivers
(a) shall have marked upon it so as to be plainly visible the safe

working pressure;
(b) if it is connected with an air compressing plant, shall either be so

constructed as to withstand with safety the maximum pressure that can
be obtained from the compressor, or be fitted with a suitable reducing
valve or other suitable appliance to prevent the safe working pressure of
the receiver being exceeded;
(c) shall be fitted with a suitable safety-valve so adjusted as to

permit the air to escape as soon as the safe working pressure is
exceeded;
(d) shall be fitted with a correct pressure gauge indicating the

pressure in the receiver in bars;
(e) shall be fitted with a suitable appliance for draining the receiver;
(f) shall be provided with a suitable manhole, handhole, or other

means which will allow the interior of the receiver to be thoroughly
cleaned and inspected; and
(g) in any case where more than one receiver is in use in any factory,
shall bear a distinguishing mark which shall be easily visible.
(2) For the purposes of subsection (1) relating to safety-valves and

pressure gauges, any set of air receivers supplied with air through a
single pipe may be treated as one receiver:
Provided that, where a suitable reducing valve or other suitable

appliance to prevent the safe working pressure being exceeded is
required to be fitted, this subsection shall not apply unless the valve or
appliance is fitted on the said single pipe.
(3) Every air receiver and its fittings shall be of sound construction
consistent with a relevant standard specification and be properly
maintained.
(4) Every air receiver shall be thoroughly examined at intervals not

exceeding three years:
Provided that, if it is so constructed that the internal surface cannot be

thoroughly examined, a suitable hydraulic test of the receiver shall be
carried out in lieu of internal examination.
(5) The examination specified in subsection (4) shall not be carried out
until the interior and exterior of the air receiver have been prepared in
such manner as the person who is to make the examination may require.
(6) Every examination and test mentioned in subsection (4) shall be

carried out by an inspector or other person authorised by the
Commissioner and a report in the prescribed form of the result of every
such examination and test (including particulars of the safe working
pressure) shall be entered in or attached to the general register and the
report shall be signed by the person making the examination or test.
59. No steam receiver or air receiver shall be taken into use until an Notification
inspector has been notified in writing of the make, type, year of before use of
manufacture and safe working pressure of such receiver, and, in the case steam or air
of a steam receiver or air receiver which has previously been used, the receivers
full name and address of the former user.
60. No modification to any pressure part of any steam boiler, steam Notification of
receiver or air receiver not in accordance with instructions from the proposed
manufacturer shall be made until an inspector has been notified in modifications to
writing of the proposed modification. pressure parts
61. The Commissioner may by certificate except from any of the Exceptions as to
provisions of this Part any class or type of steam boiler, steam receiver, steam boilers,
steam container or air receiver to which he is satisfied that such steam receivers
provision cannot reasonably be applied. Any such exception may be and containers
unqualified or may be subject to such conditions as may be contained in and air
the certificate. receivers
62. In this Part, unless the context otherwise requires- Interpretation of

terms in Part
VIII
"air receiver" means-
(a) any vessel (other than a pipe or coil, or an accessory, fitting or

part of a compressor) for containing compressed air and connected with
an air compressing plant;
(b) any fixed vessel for containing compressed air or compressed

exhaust gases and used for the purpose of starting an internal
combustion engine;
(c) any fixed or portable vessel (not being part of a spraying pistol)
used for the purpose of spraying by means of compressed air any paint,
varnish, lacquer or similar material, or an insecticide; or
(d) any vessel in which oil is stored and from which it is forced by
compressed air:
Provided that the provisions of paragraph (e) of subsection (1) of

section fifty-eight shall not apply to any such vessel as is mentioned in
paragraph (c) or (d) of this definition;
"maximum permissible working pressure" means, in the case of a new

steam boiler, that specified in the certificate referred to in subsection (9)
of section fifty-five and, in the case of a steam boiler which has been
examined in accordance with the provisions of the said section, that
specified in the report of the last examination;
"safe working pressure" means-
(a) in the case of a new steam receiver, that specified by the maker
and, in the case of a steam receiver which has been examined in
accordance with the provisions of section fifty-seven, that specified in
the report of the last examination; and
(b) in the case of a new air receiver, that specified by the maker or
that determined by an inspector from the maker's test certificate and
dimension sheet for that air receiver and, in the case of an air receiver
which has been examined in accordance with the provisions of section
fifty-eight, that specified in the report of the last examination;
"steam boiler" means any closed vessel in which for any purpose steam
is generated under pressure greater than atmospheric pressure, and
includes any economiser used to heat water fed to any such vessel, and
any superheater used for heating steam;
"steam container" means any vessel (other than a steam pipe or coil)
constructed with a permanent outlet into the atmosphere or into a space
where the pressure does not exceed atmospheric pressure, and through
which steam is passed at atmospheric pressure or at approximately that
pressure for the purpose of heating, boiling, drying, evaporating or other
similar purpose;
"steam receiver" means any vessel or apparatus (other than a steam

boiler, steam container, a steam pipe or coil, or a part of a prime mover)
used for containing steam under pressure greater than atmospheric
pressure.
PART IX
WELFARE: GENERAL PROVISIONS
63. (1) There shall be provided and maintained at suitable points Drinking water
conveniently accessible to all persons employed an adequate supply of
wholesome drinking water.
(2) A supply of drinking water which is not laid on shall be contained in

suitable vessels, and shall be renewed at least once in each working day,
and all practicable steps shall be taken to preserve the water and vessels
from contamination; and a drinking water supply, whether laid on or
not, shall be clearly marked "DRINKING WATER" in English and in at
least one vernacular language commonly used by the employees of the
factory.
64. (1) There shall be provided and maintained for the use of employed Washing
persons adequate and suitable facilities for washing which shall include facilities
a supply of soap and suitable means of cleaning or drying; and the
facilities shall be conveniently accessible and shall be kept in a clean
and orderly condition.
(2) The Commissioner may, by certificate, exempt from any of the

requirements of subsection (1) any factory where, by reason of the
difficulty of obtaining an adequate supply of water, or of the fact that
accommodation is restricted and adequate and suitable washing
facilities are otherwise conveniently available, or by reason of such
other special circumstances as may be specified in the certificate, the
application of the requirement would in his opinion be unreasonable.
65. (1) There shall be provided and maintained for the use of employed Accommodation
persons adequate and suitable accommodation for clothing not worn for clothing and
during working hours. change rooms
(2) Where protective clothing is provided in pursuance of section

seventy-one, a suitable place or places shall be provided for the storage
of such protective clothing.
(3) Adequate change rooms shall be provided and maintained for the
use of employed persons in any factory in which the Minister considers
such rooms necessary and by order so directs.
66. (1) Where any employed persons have in the course of their Facilities for
employment reasonable opportunities for sitting without detriment to sitting
their work, there shall be provided and maintained for their use suitable
facilities for sitting sufficient to enable them to take advantage of those
opportunities.
(2) Where a substantial proportion of any work can properly be done

sitting-
(a) there shall be provided and maintained for any employed person
doing that work a seat of a design, construction and dimensions suitable
for him and the work, together with a foot-rest on which he can readily
and comfortably support his feet if he cannot do so without a foot-rest;
and
(b) the arrangements shall be such that the seat is adequately and
properly supported while in use for the purpose for which it is provided.
(3) For the purposes of subsection (2), the dimensions of a seat which is
adjustable shall be taken to be its dimensions as for the time being
adjusted.
67. (1) There shall be provided and maintained so as to be readily First-aid

accessible a first-aid box or cupboard containing such equipment as may
be prescribed and, where more than one hundred persons are employed,
an additional box or cupboard for every additional hundred persons.
(2) For the purposes of subsection (1), the number of persons employed
in a factory shall be taken to be the largest number of persons employed
therein at any one time, and any fraction of one hundred shall be
reckoned as one hundred.
(3) Nothing except appliances or requisites for first-aid shall be kept in

a first-aid box or cupboard.
(4) Each first-aid box or cupboard shall be under the charge of a

responsible person who shall, in the case of a factory where more than
fifty persons or such similar number as may be prescribed, are
employed, be trained in first-aid treatment, and the person in charge
shall always be readily available during working hours.
(5) A notice shall be affixed in every workroom stating the name of the
person in charge of and the location of the first-aid box or cupboard
provided in respect of that room.
(6) For the purposes of subsection (4), a person shall not be deemed to
be trained in first-aid treatment unless he satisfies the prescribed
conditions.
(7) Where a contravention of subsection (4) is committed through a

failure to comply with so much thereof as requires the person in charge
of a first-aid box or cupboard to be trained in first-aid treatment, it shall
be a defence in any proceedings for the contravention to prove that the
accused made all reasonable efforts to secure compliance but was
unable to do so.
(8) If an ambulance room or dispensary is provided at any factory and

arrangements are made to ensure the immediate treatment there of all
injuries occurring at the factory, the Commissioner may, by certificate,
exempt the factory from the requirements of this section to such extent
and subject to such conditions as he may specify in the certificate.
(9) Every first-aid box or cupboard shall be plainly marked

"FIRST-AID".
68. (1) Where it appears to the Minister that, owing to the conditions Welfare
and circumstances of employment or the nature of the processes carried regulations
on, provision requires to be made in relation to any of the matters to
which this section applies for securing the welfare of the persons
employed or any class of them, he may make regulations requiring such
reasonable steps to be taken in connection therewith as may be specified
in such regulations, either in addition to, or in substitution for, or by way
of extension or variation of, any of the foregoing provisions of this Part.
(2) This section applies to the matters dealt with in this Part; to
arrangements for preparing or heating, and taking, meals; to the supply
of protective clothing; to ambulance and first-aid arrangements; to the
supply and use of seats in workrooms; to rest rooms; and to
arrangements for the supervision of persons employed.
(3) Regulations under this section may be made for a particular factory
or for factories of any class or description and may impose duties on
owners and employed persons as well as on occupiers.
(4) The Minister may by regulations extend the matters to which this
section applies so as to include other matters affecting the welfare of
employed persons or any class of them.
PART X
HEALTH, SAFETY AND WELFARE: SPECIAL

PROVISIONS AND REGULATIONS
69. (1) In every factory in which, in connection with any process Removal of and
carried on, there is given off any dust or fume or other impurity of such a prevention of
character and to such extent as to be likely to be injurious or offensive to inhalation of
the persons employed, or any substantial quantity of dust of any kind, all dust or fumes
practicable measures shall be taken to protect the persons employed
against inhalation of the dust or fume or other impurity and to prevent its
accumulating in any workroom, and in particular, where the nature of
the process makes it practicable, exhaust appliances shall be provided
and maintained, as near as possible to the point of origin of the dust or
fume or other impurity, so as to prevent it entering the air of any
workroom.
(2) No stationary internal combustion engine shall be used in any room

unless provision is made for conducting the exhaust gases from the
engine into the open air.
70. Where in any room any poisonous or other injurious substance is Meals in certain
so used as to give rise to any dust or fume, no person shall be permitted dangerous
to partake of food or drink in that room. trades
71. (1) Where in any factory persons are subject to excessive exposure Protective
to any poisonous or other injurious or offensive substance or to any heat, clothing,
cold or wet, suitable protective clothing and appliances shall be appliances and
provided and maintained for the use of such persons. screening
(2) Suitable goggles or effective screens shall be provided to protect the

eyes of persons employed in the dry grinding of metals, in the welding
or cutting of metals by means of an electrical, oxy-acetylene or similar
process or in any other process likely to entail injury to the eyes.
(3) Where in any factory electric arc welding is carried on, effective
provision shall be made, by screening or otherwise, to prevent any
person being exposed to the electric arc flash.
72. (1) A person shall not be employed to lift, carry or move any load Lifting
so heavy as to be likely to cause injury to him. excessive
weights
(2) The Minister may make regulations prescribing the maximum

weights which may be lifted, carried or moved by persons employed in
factories; and any such regulations may relate either to persons
generally or to any class of persons or to persons employed in any class
or description of factory or in any process.
73. Where an inspector is of opinion that the employment of any young Power of
person in a factory or in any particular process or kind of work in a inspector to
factory is prejudicial to the health of such young person or to the health require
of other persons, he may serve written notice on the occupier of the certificate of
factory requiring that the employment of such young person in the fitness for work
factory or in the process or kind of work, as the case may be, be
discontinued after such period as may be specified therein, not being
less than one nor more than seven days after the serving of the notice,
and if such occupier continues after the period specified in the notice to
employ such young person he shall be guilty of an offence unless, after
the service of the notice, such young person has been examined by a
medical practitioner and certified by such practitioner to be fit for
employment in the factory or in the process or kind of work, as the case
may be.
74. (1) Where the Minister is satisfied that any manufacture, plant, Power to make
process or description of manual labour is of such a nature as to cause regulations for
risk of bodily injury to the persons employed, or any class of those safety and
persons, he may, subject to the provisions of this Act, make such health
regulations as appear to him to be reasonably practicable and to meet the
necessity of the case.
(2) Regulations made under this section may, among other things-
(a) prohibit the employment of, or modify or limit the hours of

employment of, all persons or any class of persons in connection with
any manufacture, plant, process or description of manual labour;
(b) prohibit, limit or control the use of any material or process; or
(c) modify or extend with respect to any class or description of

factory any provisions of Part V, VI, VII, VIII or this Part, being
provisions imposing requirements as to safety and health; and may
impose duties on owners, employed persons and other persons, as well
as on occupiers.
(3) Regulations made under this section may apply to all factories or to
any specified class or description of factory and may provide for the
exemption of any special class or description of factory either absolutely
or subject to conditions.
75. (1) An inspector may, at any time after informing the occupier or, if Power to take
the occupier is not readily available, a foreman or other responsible samples
person in the factory, take for analysis sufficient samples of any material
or substance used or intended to be used in a factory, being a material or
substance in respect of which he suspects a contravention of any
regulation made under section seventy-four, or which he thinks is likely
or may prove on analysis to be likely to cause bodily injury to the
persons employed.
(2) The occupier or the foreman or other responsible person may, at the
time when a sample is taken under this section, require the inspector to
divide the sample into three parts, to mark and seal or fasten up each part
in such manner as its nature permits, and-
(a) to deliver one part to the occupier or the foreman or other

responsible person;
(b) to retain one part for future comparison;
(c) to submit one part to the analyst;

and any analysis under this section shall, if so required, be carried out by
a Government department.
(3) A certificate purporting to be a certificate by a Government chemist

as to the result of an analysis of a sample under this section shall in any
proceedings under this Act be admissible as evidence of the matters
stated therein, but either party may require the person by whom the
analysis was made to be called as a witness.
(4) It shall not be lawful for any person, except in so far as is necessary
for the purposes of a prosecution for an offence under this Act, to
publish or disclose to any person the results of an analysis made under
this section, and if any person acts in contravention of this subsection he
shall be guilty of an offence.
PART XI
NOTIFICATION AND INVESTIGATION OF

ACCIDENTS, DANGEROUS OCCURRENCES AND
INDUSTRIAL DISEASES
76. (1) Where an accident in a factory- Notice of

accidents
(a) causes loss of life to a person employed in that factory; or
(b) disables any such person for more than three days from earning
full wages for the work for which he was employed;
the occupier shall forthwith send written notice of the accident in the
prescribed form to an inspector.
(2) Where an accident causing disablement is notified under this

section, and after notification thereof results in the death of the person
disabled, the occupier of the factory shall as soon as the death comes to
his knowledge send notice in writing of such death to an inspector.
(3) Where any accident to which this section applies occurs to a person
employed and the occupier of the factory is not the actual employer of
the person killed or injured, the actual employer shall, if he fails to
report the accident to the occupier immediately, be guilty of an offence.
77. The provisions of section seventy-six requiring notice of an Notification of

accident occurring in a factory to be given to an inspector shall extend dangerous
and apply to the classes of occurrences specified in the First Schedule occurrences
whether death or disablement is caused or not.
78. (1) Written notice of every case of any disease specified in the Industrial
Second Schedule occurring in a factory shall forthwith be sent by the diseases
occupier to an inspector in the prescribed form; and the provisions of
this Act with respect to the notification of accidents shall apply to any
such case in like manner as to any such accident as is mentioned in those
provisions.
(2) Every medical practitioner who attends any patient whom he

believes to be suffering from any disease specified in the Second
Schedule contracted as a result of his employment in a factory shall
forthwith report the matter to an inspector, and shall be entitled in
respect of every report sent in pursuance of this section to a fee of four
fee units.
(3) If, in contravention of the provisions of this section, any medical

practitioner fails to send any report in accordance with the requirements
thereof, he shall be guilty of an offence and liable on conviction to a fine
not exceeding sixty penalty units.
79. The Minister may by regulations- Regulations

(a) apply the provisions of section seventy-six to any dangerous extending scope
occurrence not specified in the First Schedule; of sections 76
and 78
(b) apply the provisions of section seventy-eight to any disease not
specified in the Second Schedule.
PART XII
SPECIAL APPLICATIONS AND EXTENSIONS
80. The Minister may by regulations allocate to the owners instead of Tenement
the occupiers of tenement factories the responsibility for the factories
contravention of any provision of this Act which but for this section
would lie with such occupiers.
81. (1) Where a part of a building is let off as a separate factory but is Parts of
not part of a tenement factory- buildings let off
as separate
factories
(a) the provisions of this Act specified in paragraphs (a) and (b) of
subsection (2) shall apply to any part of the building used for the
purposes of the factory but not comprised therein;
(b) subject to subsections (4) and (5), the owner of the building shall
be responsible for any contravention of the provisions specified in the
said paragraph (a) as so applying; and
(c) subject to subsection (5), the owner of the building shall be

responsible, instead of the occupier, for any contravention as respects
the factory, of the provisions specified in paragraph (c) of subsection
(2).
(2) The said provisions are-
(a) the provisions of Part V with respect to cleanliness and lighting,

the provisions of Part VI with respect to prime movers, transmission
machinery, the construction and maintenance of floors, passages and
stairs, the keeping free from obstruction and slippery substances of
floors, steps, stairs, passages and gangways, the provisions of Part VII
with respect to hoists and lifts, chains, ropes and lifting tackle, cranes
and other lifting machines and the provisions of Part VIII with respect to
steam boilers, steam receivers and steam containers, and air receivers;
(b) the provisions of Part XIV with respect to the power of a

subordinate court of the first or second class to make orders as to
dangerous conditions and practices or as to safety of factory premises;
and
(c) the provisions of Part V with respect to sanitary conveniences

and the provisions of Part VII with respect to hoists and lifts.
(3) For the purposes of the provisions applied by the foregoing

provisions of this section, lifting machines attached to the outside of the
building, and chains, ropes and lifting tackle used in connection with
those machines, shall be treated as being in the building, but any lifting
machine not used for the purposes of the factory, and any chains, ropes
or lifting tackle not used in connection with a lifting machine so used,
shall be disregarded.
(4) For any contravention (whether as respects the factory or otherwise)

of the provisions of Part VII or VIII with respect to chains, ropes and
lifting tackle, cranes and other lifting machines, steam boilers, steam
receivers and steam containers, and air receivers-
(a) the occupier of the factory shall be responsible if it is a

contravention with respect to any plant belonging to or supplied by him;
and
(b) the owner of the building shall be responsible in any other case;
except that the owner shall not be responsible for a contravention of
those provisions in so far as they relate to matters outside his control,
and for any such contravention as respects the factory the occupier shall
be responsible.
(5) The owner shall be responsible by virtue of this section-
(a) for the cleanliness of sanitary conveniences only when used in

common by several tenants; and
(b) for a contravention of the provisions relating to hoists and lifts

only so far as those provisions relate to matters within his control.
(6) Any reference in the provisions applied by the foregoing provisions

of this section to the general register shall, in relation to matters in
respect of which the owner of the building is responsible, be construed
as a reference to a register to be kept by him, and subsection (3) of
section ninety-eight shall apply in relation to that register as if the owner
were the occupier of the factory.
82. (1) Save as otherwise in this section provided, provisions of this Building
Act specified in subsection (2) shall apply to building operations and operations and
works of engineering construction undertaken by way of trade or works of
business, or for the purpose of any industrial or commercial engineering
undertaking, and to any line or siding which is used in connection construction
therewith and for the purposes thereof and is not part of a railway or
tramway.
(2) The said provisions are-
(a) Part I;
(b) Part II;
(c) sections twenty-three, twenty-four and twenty-five;
(d) Part VIII;
(e) sections sixty-eight, seventy-four, seventy-five and

seventy-seven;
(f) Part XIII; and
(g) Part XIV.
(3) No order made under the provisions of this Act with respect to the
power of a court to make orders as to dangerous conditions and practices
and no special regulations made under Part X shall operate so as to
interfere with the design of any works of engineering construction or
with the adoption in the execution of those works of any method not
inconsistent with the safety of the works or of the persons employed,
prescribed in the specification or in any signed plans issued, or written
directions given by the consulting engineer or the engineer in charge.
(4) The provisions of this Act in their application to building operations
or to works of engineering construction shall have effect as if any place
where such works are carried on were a factory and any person
undertaking any such operations or works to which this Act applies were
the occupier of a factory, and with such other adaptations and
modifications as may be made by regulations made by the Minister.
(5) The provisions of this Act requiring general registers to be kept and
copies of the prescribed abstract of this Act and of regulations or the
prescribed abstract of such regulations to be kept posted up on the
premises shall be deemed to be complied with as respects building
operations and works of engineering construction if the general register
is kept at an office of the person undertaking the operations or works and
copies of the abstract of this Act and of the regulations or abstract
thereof are kept posted up at each office, yard or shop of the person
undertaking the operations or works at which persons employed by him
on the operations or works attend, and in a position where they can
easily be read by such persons.
(6) The application of this Act to any building operations or works of

engineering construction by virtue of the foregoing shall not be
excluded by reason of the fact that they are undertaken on premises to
which the Act applies apart from those provisions; and nothing in this
section shall be taken as prejudicing the application of this Act to these
premises apart from this section.
83. (1) The application of the provisions of this Act in relation to- Mines
(a) premises forming part of a mine;
(b) premises which, though not forming part of a mine, are occupied
by the owner of a mine and used solely for the purpose of the provision
or supply for or to a single mine or jointly for or to more than one mine,
of services or electricity; and
(c) machinery or apparatus situated partly in a mine and partly in a Cap. 213
factory;
shall be in accordance with the provisions of section one hundred and
thirty-one of the Mines and Minerals Act.
(2) For the purposes of this section, "mine" shall have the meaning
given to it in the Mines and Minerals Act.
84. The Minister may be statutory order, subject to such conditions as Power to extend
may be specified in the order, extend the application of all or any of the application of
provisions of this Act to any of the following classes of premises, provisions of
processes or operations, that is to say: Act
(a) any premises (not being premises forming part of a factory) in
which a hoist or lift is used;
(b) any premises (not being premises forming part of a factory) in
which a steam boiler is used;
(c) warehouses not forming part of a factory;
(d) docks, wharves and quays, including warehouses used in
connection therewith;
(e) any work carried out in a harbour or wet dock in constructing,
reconstructing, repairing, refitting, painting, finishing or breaking up a
ship or in scaling, scurfing or cleaning boilers (including combustion
chambers and smoke boxes) in a ship, or in cleaning oil fuel tanks or
bilges in a ship or any tank in a ship last used for oil of any description
carried as cargo;
(f) electricity substations.
PART XIII
MISCELLANEOUS
85. There shall be kept posted in a prominent position in every factory- Posting of
(a) such abstract of this Act as may be prescribed; abstract of Act,
regulations and
(b) a notice of the address of the nearest inspector and labour notices
officer;
(c) printed copies of any regulations which are for the time being in
force in the factory, or such abstract of such regulations as may be
prescribed; and
(d) every other notice and document required by this Act to be
posted in the factory.
86. (1) The occupier of every factory shall cause to be kept a register in General register
the prescribed form called the general register, and there shall be entered
in or attached to that register-
(a) the certificate of registration of the factory;
(b) every other certificate issued in respect of the factory by the

Commissioner under the provisions of this Act;
(c) the prescribed particulars as to the washing, whitewashing or

colourwashing, painting or varnishing, of the factory;
(d) the prescribed particulars as to every accident, case of industrial

disease or dangerous occurrence occurring in the factory of which notice
is required to be sent to an inspector;
(e) all reports and particulars required by any other provisions of

this Act to be entered in or attached to the general register; and
(f) such other matters as may be prescribed.
(2) The occupier of a factory shall send to an inspector such extracts

from the general register as the inspector may from time to time require
for the purpose of the execution of his duties under this Act.
87. (1) The occupier of every factory shall, if so required by the Periodical
Commissioner by notice in writing or in the Gazette, send to the return of
Commissioner, at such intervals and on or before such days as may be persons
specified in the notice, a correct return- employed
(a) showing with respect to such day or days, or such period as may
be specified in the notice, the number of persons employed in the
factory; and
(b) giving such particulars as to such other matters as may be

specified in the notice.
(2) The Commissioner may, for the purpose of facilitating the rendering
of returns by occupiers under the provisions of this section, arrange for
the consolidation of these returns with any other returns required from
occupiers under the provisions of any other law for the time being in
force.
88. The general register and every other register or record kept in Preservation of
pursuance of this Act shall be preserved and shall be kept available for registers and
inspection by any inspector for at least two years after the date of the last records
entry in the register or record.
89. (1) No person employed in a factory shall wilfully interfere with or Duties of
misuse any means, appliance, convenience or other thing provided in persons
pursuance of this Act for securing the health, safety or welfare of the employed
persons employed in such factory and, where any means or appliance for
securing health or safety is provided for the use of any such person
under this Act, he shall use that means or appliance.
(2) No person employed in a factory shall wilfully and without

reasonable cause do anything likely to endanger himself or any other
person.
90. Save as otherwise expressly provided in any written law, the Prohibition of
occupier of a factory shall not, in respect of anything to be done or deductions from
provided by him in pursuance of this Act, make any deduction from the wages
sum contracted to be paid by him to any person employed, or receive or
allow any person in his employment to receive any payment from any
such person.
PART XIV
OFFENCES, PENALTIES AND LEGAL PROCEEDINGS
91. (1) In the event of any contravention in or in connection with or in Offences

relation to a factory of the provisions of this Act or of any order,
regulation or lawful requirement made thereunder, the occupier, or (if
the contravention is one in respect of which the owner is by or under this
Act made responsible) the owner of the factory shall, subject to the
following provisions of this Part, be guilty of an offence.
(2) In the event of a contravention by an employed person of the
provisions of section eighty-nine, that person shall be guilty of an
offence and the owner or occupier, as the case may be, shall not be
guilty of an offence by reason only of the contravention of the
provisions of the said section, unless it is proved that he failed to take all
reasonable steps to prevent such contravention; but this subsection shall
not be taken as affecting any liability of the occupier or owner in respect
of the same matters by virtue of some provision other than the
provisions aforesaid.
(3) If the owner or the occupier of a factory avails himself of any special
exception allowed by or under this Act and fails to comply with any of
the conditions attached to the exception, he shall be deemed to have
contravened the provisions of this Act.
(4) If any persons are employed in a factory otherwise than in

accordance with the provisions of this Act, there shall be deemed to be a
separate contravention in respect of each person so employed.
(5) Where an offence under this Act committed by a company,

co-operative society or other body of persons is proved to have been
committed with the consent or connivance of, or to have been facilitated
by any neglect on the part of, any director, chairman, manager, secretary
or other officer of the company, co-operative society or other body of
persons, he, as well as the company, co-operative society or other body
of persons, shall be deemed to be guilty of the offence and shall be liable
to be proceeded against and punished accordingly.
92. (1) Subject to the following provisions of this Part, any person General penalty
guilty of an offence under this Act for which no express penalty is
provided shall be liable-
(a) if he is an employed person, to a fine not exceeding three

hundred penalty units;
(b) in any other case, to a fine not exceeding one thousand five
hundred penalty units;
and if the contravention in respect of which he was convicted is
continued after the conviction, he shall (subject to the provisions of
section ninety-nine) be guilty of a further offence and liable in respect
thereof to a fine not exceeding three hundred penalty units for each day
on which the contravention is so continued.
(2) In relation to a contravention which was likely to cause the death of,
or bodily injury to, any person, subsection (1) shall have effect as if for
the references in paragraphs (a) and (b) to three hundred penalty units
and one thousand five hundred penalty units there were respectively
substituted references to one thousand two hundred penalty units and six
93. (1) Where an act or default for which any person is liable under this Penalty on
Act is in fact the act or default of some other person, that other person person actually
shall be guilty of an offence and liable, subject to subsection (2), to the committing an
like fine as if he were the first-mentioned person. offence for
which other
person is
primarily liable
(2) The fine that may be imposed under subsection (1) on an employed
person where the offence is one for which no express penalty is provided
by this Act shall be that specified in section ninety-two in relation to
employed persons, notwithstanding that the person primarily liable is
not an employed person.
94. (1) A person charged with an offence under the provisions of this Person
Act shall be entitled, upon information duly laid by him and on giving to primarily liable
the prosecution not less than three days' notice in writing of his may exempt
intention, to have any other person whom he charges as the actual himself from
offender brought before the court at the time appointed for hearing the liability on
charge; and if, after the commission of the offence has been proved, the conviction of
first-mentioned person proves to the satisfaction of the court- actual offender
(a) that he had used all due diligence to enforce the execution of this
Act and of any relevant order or regulation made thereunder; and
(b) that the said other person had committed the offence in question
without his consent, connivance or wilful default;
that other person shall be convicted of such offence, and the
first-mentioned person shall not be guilty of the offence, and the person
so convicted shall, in the discretion of the court, be also liable to pay any
costs incidental to the proceedings.
(2) The prosecution shall have the right in any such case to
cross-examine the first-mentioned person if he gives evidence and any
witnesses called by him in support of his charge, and to call rebutting
evidence.
(3) When it is made to appear to the satisfaction of an inspector at the

time of discovering an offence-
(a) that the person who would be proceeded against apart from this
subsection has used all due diligence to enforce the execution of this
Act;
(b) by what person the offence has been committed; and
(c) that such offence has been committed without the consent,
connivance or wilful default of the first-mentioned person and in
contravention of his orders; the inspector shall proceed against the
person whom he believes to be the actual offender without first
proceeding against the first-mentioned person.
95. Where, under this Act, any person is substituted for another with Proceedings
respect to any provisions of this Act, any order, summons, notice or against persons
proceeding which for the purpose of any of those provisions is by or not primarily
under this Act required or authorised to be served on or taken in relation liable
to that other person, is hereby required or authorised, as the case may be,
to be served on or taken in relation to the first-mentioned person.
96. Where in a factory the owner or hirer of a machine or implement Owner of

moved by mechanical power is some person other than the occupier of machine liable
the factory, such owner or hirer shall, so far as respects any offence in certain cases
under this Act committed in relation to a person who is employed in or instead of
about or in connection with that machine or implement, and is in the occupier
employment or pay of such owner or hirer, be deemed to be the occupier
of the factory.
97. (1) In any proceedings under this Act it shall be sufficient to allege Prosecution of
in the charge or information that the factory is a factory within the offences
meaning of this Act and to state the name of the ostensible occupier of
such factory, or, where the occupier is a firm, the title of such firm.
(2) Where, with respect to or in consequence of any accident in a

factory, a report is made by any authority appointed to hold a formal
investigation under any written law, or a coroner's inquest is held and it
appears from such report or from the proceedings at such inquest that
any of the provisions of this Act, or any orders or regulations made
thereunder, were contravened at or before the time of the accident,
proceedings against any person liable to be proceeded against in respect
of such contravention may be commenced at any time within three
months after the making of such report or the conclusion of such
inquest.
(3) Where any offence is committed under this Act by reason of a

failure to make an examination, enter a report, or do any other thing, at
or within a time specified by this Act or any order or regulation made
thereunder, the offence shall be deemed to continue until the
examination is made, or the report entered, or other thing done, as the
case may be.
98. (1) If a person is found in a factory at any time at which work is Special
going on or the machinery is in motion, except during the intervals for provisions as to
meals or rest, he shall, until the contrary is proved, be deemed for the evidence
purposes of this Act to have been then employed in such factory:
Provided that this subsection shall not apply to a factory in which the
only persons employed are members of the same family dwelling there.
(2) Where in any proceedings under this Act with respect to a young
person it appears to the court that such young person is apparently of or
below the age alleged by the prosecutor, it shall lie on the accused to
prove that the young person is not of or below that age.
(3) Where any entry is required by this Act or by any order or regulation
made thereunder to be made in the general register or in any other
register or record, the entry made by the occupier of a factory or on his
behalf shall, as against him, be admissible as evidence of the facts
therein stated, and the fact that any entry so required with respect to the
observance of any provision of this Act or of any order or regulation
made thereunder has not been made, shall be admissible as evidence that
the provision has not been observed.
99. Where the occupier or owner of a factory is convicted of an offence Power of court
under this Act, the court may, in addition to or in lieu of a fine, order to order cause
him, within such time as may be specified in the order, to take such steps of
as may be so specified for remedying the matters in respect of which the contravention to
contravention occurred, and may, on application, enlarge the time so be remedied
specified, and where such an order is made, the occupier or owner shall
not be liable under this Act in respect of the continuation of the
contravention during the time allowed by the court, but if, after the
expiration of that time as originally specified or enlarged by subsequent
order, the order is not complied with, the occupier or owner, as the case
may be, shall be liable to a fine not exceeding three hundred penalty
units for each day on which the non-compliance continues.
100. (1) Any document or order required or authorised to be served Service, etc., of
under this Act may be served- documents
(a) on any person by delivering it to him or by leaving it at, or

sending it by registered post to, his residence or place of business;
(b) on any firm by delivering it to any partner of the firm, or by

leaving it at, or sending it by registered post to, the office of the firm;
(c) on the owner or occupier of a factory in any such manner as

aforesaid, or by delivering it, or a true copy thereof, to the manager,
foreman or other responsible person at the factory.
(2) Any document mentioned in subsection (1) may be addressed, for

the purpose of the service thereof on the occupier of a factory, to "the
occupier" at the proper postal address of the factory, without further
name or description.
(3) The foregoing provisions of this section shall apply with the
necessary modifications to documents required or authorised under this
Act to be sent to any person, firm, owner or occupier, and to the sending,
addressing and delivery of such documents.
101. If, by reason of an agreement between the owner and the occupier Power of High
of premises, the whole or any part of which has been let as a factory, the Court to modify
owner or occupier is prevented from carrying out any structural or other agreements
alterations in the premises which are necessary to enable him to comply
with the provisions of this Act or or any order or regulations made
thereunder, or in order to conform with any standard or requirement
imposed by or under this Act, he may apply, in accordance with any
rules of court which may be made by the High Court in that behalf, to
the High Court, and that Court, after hearing the parties and any
witnesses whom it may desire to call, may make such an order setting
aside or modifying the terms of the agreement as the Court may consider
just and equitable in the circumstances of the case.
102. Where, in any premises the whole or part of which has been let as Power of High
a factory, any structural or other alterations are required in order to Court to
comply with the provisions of this Act or any order or regulation made apportion
thereunder, or in order to conform with any standard or requirement expenses
imposed by or under this Act, and the owner or occupier alleges that the
whole or part of the expenses of the alterations ought to be borne by the
occupier or owner, as the case may be, such owner or occupier may
apply, in accordance with any rules of court which may be made by the
High Court in that behalf, to the High Court, and that Court, after
hearing the parties and any witnesses whom it may desire to call, may
make such an order concerning the expenses or their apportionment as
the Court considers just and equitable in the circumstances of the case,
regard being had to the terms of any contract between the parties, or in
the alternative the Court may, at the request of the owner or occupier,
determine the lease.
103. (1) If in the opinion of the Chief Inspector of Factories any Powers of Chief
building, part of a building, machine, plant, matter, thing or practice in a Inspector of
factory is dangerous or defective so as to constitute a threat to health or Factories in
safety of any person, the Chief Inspector of Factories- relation to
dangerous or
defective
factory
(a) shall send a written notice to the owner or occupier of the factory
requiring such building, part of the building, machine, plant, matter,
thing or practice to be vacated, repaired, removed, remedied or stopped,
as the case may be, either forthwith or within such time as may be
specified in such notice;
(b) may order work in such factory to be suspended until the

requirements of the notice given under paragraph (a) have been
complied with to the satisfaction of the Chief Inspector of Factories.
(2) Any owner or occupier of a factory who receives a notice or order

given under subsection (1) shall comply therewith unless he intends to
object thereto under subsection (3), in which case, he shall cease to use
the building, part of the building, machine, plant, matter, thing or
practice to which the notice or order relates and shall forthwith
withdraw all persons from the danger or defect until the case has been
determined by the Commissioner in accordance with subsection (3):
Provided that the Chief Inspector of Factories may, if he is of the

opinion that there is no immediate danger to any person, grant written
permission for work in such factory to continue for such period and
upon such conditions as he may specify in such permission.
(3) Any owner or occupier of a factory who feels aggrieved by a notice

or order given under subsection (1) may, immediately upon receipt of
such notice or order, submit his objection thereto in writing to the
Commissioner who shall thereupon determine the case and
communicate his decision in writing.
(4) Any owner or occupier of a factory who is aggrieved by a decision

of the Commissioner given under subsection (3) may, not later than
seven days from the date of the receipt of such decision, request the
Commissioner in writing to refer the case to the Minister and the
Commissioner shall refer the case to the Minister whose decision
thereon shall be given in writing and be final.
(5) Pending a decision by the Minister under subsection (4), the owner
or occupier of the factory concerned shall not use the factory or any part,
machine or plant thereof or any matter, thing or practice therein unless
the prior written permission of the Commissioner has been granted.
(6) Any owner or occupier of a factory who, save as is provided in this

section, fails to comply with any notice, order or decision given under
this section shall be guilty of an offence and shall be liable upon
conviction to a fine not exceeding six thousand penalty units and, in the
case of a continuing offence, to a further fine not exceeding one
thousand five hundred penalty units for each day or part thereof during
which such offence is continued.
(As amended by Act No. 24 of 1975 and Act No. 13 of 1994)
PART XV
GENERAL
104. Any regulations made under the provisions of this Act may Penalties
prescribe penalties for the contravention thereof not exceeding the
penalties specified in section ninety-two.
105. The Minister may, by statutory instrument, make regulations- Regulations

(a) prescribing anything which under any provision of this Act is to
be or may be prescribed; and
(b) prescribing the fees to be paid and the method of payment of
such fees in respect of any examination or test carried out under the
provisions of this Act by any inspector.
FIRST SCHEDULE
(Section 77)
DANGEROUS OCCURRENCES
The following occurrences, if accidental, are scheduled for the
purposes of section 77:
1. Bursting of a revolving vessel, wheel, grindstone or grinding
wheel moved by mechanical power.
2. Collapse or failure of a crane, derrick, winch, hoist, or other
appliance used in raising or lowering persons, goods, material, plant or
any part thereof, or the overturning of a crane.
3. Explosion or fire due to ignition of dust, gas or vapour.
4. Electrical short circuit or failure of electrical machinery, attended
by explosion or fire, or any damage to an underground electrical system
caused by excavation or otherwise.
5. Explosion or fire affecting any room in which persons are
employed and causing suspension of ordinary work.
6. Explosion of a receiver or container used for the storage at a
pressure greater than atmospheric pressure of any gas or gases
(including air) or any liquid or solid resulting from the compression of
gas.
7. Explosion from a steam boiler or steam receiver.
SECOND SCHEDULE
(Section 78)
INDUSTRIAL DISEASES
1. Lead poisoning
2. Phosphorus poisoning
3. Arsenical poisoning
4. Mercurial poisoning
5. Anthrax
6. Carbon bisulphide poisoning
7. Aniline poisoning
8. Chronic benzene poisoning
9. Manganese poisoning
10. Compressed air illness
11. Cyanide poisoning
12. Toxic jaundice: that is, jaundice due to tetrachlorethane or nitro- or
amido-derivatives of benzene or other poisonous substance.
13. Epitheliomatous-ulceration: that is, ulceration due to tar, pitch,
bitumen, mineral oil or paraffin, or any compound, product or residue of
any of these substances.
14. Chrome ulceration: that is, ulceration due to chronic acid or
bichromate of potassium, sodium or ammonium or any preparation of
any of these substances occurring in a factory.
15. Toxic anaemia: that is, pathological manifestations due to-
(a) radium or any other radio-active substances; or
(b) X-rays.
SECTION 17-THE FACTORIES (APPEALS TO THE Statutory

BOARD) RULES Instruments
Rules by the Chief Justice 382 of 1968
1. These Rules may be cited as the Factories (Appeals to the Board) Title
Rules.
2. On any appeal under section seventeen of the Act, the parties may Evidence
adduce evidence.
3. The Board may in its discretion receive evidence on affidavit either Affidavit
in addition to or in substitution for oral evidence.
THE CONSTRUCTION (SAFETY AND HEALTH)

PART I
PRELIMINARY
Regulation
1. Title and application
2. Interpretation
3. Notice of commencement of construction work
4. Exemption
PART II
SCAFFOLDS AND MEANS OF
ACCESS
5. Provision of scaffolds and means of access
6. Supervision of work and inspection of materials
7. Construction of scaffolds
8. Support and stability of scaffolds
9. Travelling scaffolds
10. Gear for suspension of scaffolds
11. Maintenance of scaffolds
12. Cantilever, jib, etc., scaffolds
13. Suspended scaffolds
14. Skips, buckets, boatswain's chairs, etc.
15. Trestle scaffolds
16. Ladder scaffolds
17. Inspection of scaffolds
18. Scaffolds used by workmen of more than one employer
19. Overloading of scaffolds
PART III
WORKING PLATFORMS,
WORKING PLACES,
GANGWAYS ETC.
20. Working platforms
21. Boards and planks in working platforms, etc.
22. Guard-rails and toe-boards at working places
23. Construction of gangways and runs
Regulation
24. Guard-rails, etc., for gangways, etc.
25. Platforms, etc., to be unobstructed
26. Ladders and step-ladders
27. Communication ladders
28. Openings left in roofs, walls, floors, etc.
29. Sloping roofs and fragile materials
30. Lighting of working places
PART IV
LIFTING MACHINERY
31. Construction and maintenance
32. Support, anchoring and stability
33. Travelling or slewing motion
34. Erection and dismantling
35. Drums and pulleys
36. Brakes and controls
37. Restriction on use of cranes
38. Marking of safe working load
39. Load not to exceed safe working load
40. Precautions when raising or lowering
41. Testing and thorough examination
42. Weekly inspections
43. Thorough examinations
44. Testing of anchorage or ballasting
45. Safe means of access
46. Operation and signalling
PART V
HOISTS
47. Safety of hoistways
48. Hoists used only for goods, plant or material
49. Safety devices
50. Hoists carrying persons
51. Winches
52. Safe working load of hoists
PART VI
LIFTING TACKLE AND PLANT
Regulation
53. Construction, testing, examination, safe working load
54. Hooks
55. Slings
56. Secureness of loads
57. Carriage of persons
58. Records and exceptions
PART VII
EXCAVATIONS, SHAFTS AND
TUNNELS
59. Inspection of excavations, etc.
60. Inspection and supervision of timbering
61. Excavations which reduce stability
62. Fencing of excavations
63. Safeguarding edges of excavations
64. Open face excavations
65. Means of entry and exit
66. Hard hats
67. Explosives
PART VIII
DEMOLITION
68. Avoidance of danger from electric cables, fire and water
69. Overloading of floors, etc.
70. Removal of steelwork
71. Shoring to prevent collapse
72. Supervision
PART IX
TRANSPORT
73. Rails and rail tracks
74. Maintenance of locomotives, etc.
75. Clearance
Regulation
76. Gantries
77 Warning of movement
78. Riding on vehicles
79. Loading of vehicles
80. Mechanically propelled vehicles and trailers
81. Inclined tracks
82. Vehicles near edge of excavation, etc.
PART X
HEALTH
83. First-aid, ambulance and ambulance room
84. Drinking water
85. Shelters, accommodation for clothing, accommodation for
meals
86. Sanitary conveniences
87. Inhalation of dust or fumes
88. Protection of eyes
89. Ventilation of confined spaces
90. Lead compounds and other poisonous substances
PART XI
MISCELLANEOUS
91. Projecting nails and loose material
92. Construction of temporary structures
93. Avoidance of danger from collapse of structure
94. Prevention of drowning
95. Safety nets, sheets and belts
96. Generation of steam, smoke and vapour
97. Protection from falling material
98. Returns
99. Guarding of machinery
100. Electricity
101. Duties of contractors and employers of workmen
102. Duties of persons employed
Regulation
104. Mining operations and premises
105. Penalties
FIRST SCHEDULE-Inspection of scaffolds
SECOND SCHEDULE-Ambulance room equipment
Statutory
SECTIONS 68, 74 AND 82-THE CONSTRUCTION Instrument
(SAFETY AND HEALTH) REGULATIONS 420 of 1967
90 of 1974
PART I
PRELIMINARY
1. These Regulations may be cited as the Construction (Safety and Title and
Health) Regulations, and shall apply- application
(a) to building operations;
(b) to works of engineering construction;
as defined in section three of the Act, and undertaken by way of trade or
business or for the purpose of any industrial or commercial undertaking,
or by or on behalf of the Government or any local or other public
authority.
"construction work" means any building operation or work of

engineering construction;
"employer" means any person who, in connection with any construction

work, employs or provides employment for or permits any other person
in any manner whatsoever to assist in or about any construction work;
"hoist" means a lifting machine, whether worked by mechanical power

or not, with a platform, carriage, cage, skip, bucket or other receptacle,
the direction of movement of which is restricted by a guide or guides;
"ladder" does not include a step-ladder;
"ladder scaffold" means a scaffold with a working platform which is

supported directly or by means of a crutch or bracket on a rung or rungs
of a ladder;
"lifting machine" means a crab, winch, pulley block or gin wheel used
for raising or lowering, and a hoist, crane, sheer legs, excavator, drag
line, piling frame, aerial cableway, aerial ropeway or overhead runway;
"lifting tackle" means chain slings, rope slings or similar gear, and rings,
links, hooks, plate clamps, shackles, swivels or eye bolts;
"scaffold" means any temporary structure on or from which persons

perform work in connection with any construction work, and any
temporary structure which enables persons to obtain access to or which
enables materials to be taken to any place at which such work is
performed, and includes any working platform, gangway, run, ladder or
step-ladder (other than an independent ladder or step-ladder which does
not form part of such a structure) together with any guard-rail, toe-board
or other safeguards and all fixings, but does not include a lifting
machine or a structure used merely to support such a machine or to
support machinery or plant;
"suspended scaffold" means a scaffold suspended by means of ropes or

chains, and capable of being lowered or raised by such means, but does
not include a boatswain's chair or similar appliance;
"trestle scaffold" includes a scaffold in which the supports for the

platform are step-ladders, tripods or similar movable contrivances;
"working platform" includes a working stage;
"workman" means any person who is employed or permitted to assist in

any manner whatsoever in or about any construction work;
"work of engineering construction", as defined in section three of the

Act, is hereby extended to include-
the construction, structural alteration or repair (including

repointing and repainting) or the demolition of all or any of the
following:
(a) any steel or reinforced concrete structure other than a building;
(b) any airfield;
(c) any lake defence works or river works; and
(d) any other civil or constructional engineering works of a similar

nature to any of the foregoing works.
3. (1) Any person undertaking any construction work which he has Notice of
reasonable grounds for believing will not be completed within a period commencement
of less than six weeks shall, immediately upon the commencement of construction
thereof, give to the Commissioner written notice stating the name and work
address of such person, the place and nature of the construction work,
and whether or not any mechanical power is to be used therein and, if so,
its nature:
Provided that no such notice shall be required in the case of any
construction work which is to be undertaken upon a site where other
construction work, in respect of which such a notice has been given, is in
progress.
(2) Notwithstanding the provisions of sub-regulation (1), the

Commissioner may, by statutory order, require the giving of notice in
respect of any class of construction work as may be specified in such
order, even though the work is to be completed within a period of less
than six weeks.
(3) Any notice given under the provisions of this regulation shall be
given to the Commissioner through the inspector in the District in which
the construction work concerned is to be carried out or, if no such
inspector has been appointed, to the Commissioner direct.
4. If the Commissioner is satisfied that, in the case of any particular Exemption

class or description of plant or of any special description or method of
work, the application of any requirement of these Regulations is, in any
class or description of circumstances, not necessary in the interests of
safety or not reasonably practicable, he may by certificate in writing
(which he may at his discretion revoke at any time) grant an exemption
from that requirement, subject to such conditions as may be specified in
the certificate.
PART II
SCAFFOLDS AND MEANS OF
ACCESS
5. Suitable and sufficient scaffolds shall be provided and erected for all Provision of
construction work which cannot safely be done on or from the ground, scaffolds and
or from part of a permanent structure, or from a ladder, or from other means of access
available means of support, and sufficient safe means of access shall be
provided, so far as is reasonably practicable, to every place at which any
person has at any time to work.
6. (1) No scaffold shall be erected, or be substantially added to or Supervision of
altered or be dismantled, otherwise than under the immediate work and
supervision of a competent person, and so far as possible by competent inspection of
workmen possessing adequate experience of such work. materials
(2) All materials for use in any scaffold shall be inspected by a

competent person on each occasion before being taken into use.
7. (1) Every scaffold and every part thereof shall be of good Construction of
construction, of suitable and sound material, and of adequate strength scaffolds
for the purpose for which it is used.
(2) Sufficient material shall be provided for and shall be used in the
construction of scaffolds.
(3) Timber used for the construction of scaffolds shall be of suitable

quality, be in good condition, have the bark completely stripped off, and
not be painted or treated in any way so that defects cannot easily be seen.
(4) Metal parts used for scaffolds shall be of suitable quality and be in
good condition and free from corrosion or other patent defect likely to
affect their strength materially.
8. (1) Every scaffold shall be securely supported or suspended and shall Support and
where necessary be sufficiently and properly strutted or braced to ensure stability of
stability. scaffolds
(2) All structures and appliances used as supports for scaffolds shall be
of sound construction, have a firm footing or be firmly supported, and
shall where necessary be sufficiently and properly strutted or braced to
ensure stability.
(3) Standards and uprights of scaffolds shall be, where practicable,

vertical or slightly inclined towards the building or structure and be
sufficiently close to ensure stability. Displacement of the foot of any
standard shall be prevented by sinking into the ground or by placing the
standard on a suitable plank or base plate, or by other adequate
arrangements to prevent slipping.
(4) No part of a building or structure shall be used as support for part of
a scaffold unless it is sufficiently strong and stable to afford safe
support.
(5) Putlogs shall be straight or approximately straight. Putlogs having

one end supported by a wall shall have a flat supporting surface at that
end. Distances between putlogs shall be fixed with due regard to the
nature of the platform and the load it will bear.
9. Any travelling scaffold or scaffold which can be moved on wheels Travelling

or skids shall, unless it is a suspended or slung scaffold, be- scaffolds
(a) constructed with due regard to stability and, if necessary for
stability, adequately weighted at the base;
(b) used only on a firm and even surface, not so sloping as to involve
risk of instability of the scaffold or any load thereon;
(c) adequately secured to prevent movement when any person is
working upon it;
(d) moved only by the application of force at or near the base.
10. (1) Chains, ropes and lifting gear used for the suspension of Gear for
scaffolds shall be of sound material, adequate strength and suitable suspension of
quality, and in good condition. scaffolds
(2) No rope other than a wire rope shall be used for the suspension of a
scaffold:
Provided that this sub-regulation shall not apply in the case of a

suspended scaffold which is raised or lowered otherwise than by means
of winches, nor in the case of equipment used in lieu of a suspended
scaffold in accordance with the provisions of regulation 14.
(3) Chains, ropes and metal tubes used for the suspension of a scaffold,
other than a suspended scaffold, shall be properly and securely fastened
to safe anchorage points and to the scaffold ledgers or other main
supporting members, and shall be so positioned as to ensure stability of
the scaffold, and shall be approximately vertical and be kept taut.
(4) Every scaffold suspended by means of ropes or chains shall be
secured so as to prevent undue horizontal movement while it is used as a
working platform.
11. All scaffolds shall be properly maintained and every part shall be Maintenance of
kept so fixed, secured or placed in position as to prevent, so far as is scaffolds
practicable, accidental displacement.
12. (1) No cantilever or jib scaffold shall be used unless it is adequately Cantilever, jib,
supported, fixed and anchored on the opposite side of the support, has etc., scaffolds
outriggers of adequate length and cross-section, and is, where necessary,
sufficiently strutted or braced to ensure rigidity and stability.
(2) No figure or bracket scaffold supported or held by dogs, spikes or

similar fixings liable to pull out of the stonework or brickwork in which
they are gripped or fixed shall be used.
13. No suspended scaffold shall be used unless it complies with the Suspended
following requirements: scaffolds
(a) the platform shall be at least 500 millimetres wide and of
adequate strength:
(b) the outriggers or other means of support are properly
constructed, of adequate length and strength and properly installed and
secured:
(c) the platform shall be provided with a suitable guardrail and
toe-board or other efficient means to prevent the fall of persons or
articles from the platform.
(As amended by S.1.No. 90 of 1974)
14. (1) A skip, bucket, basket, boatswain's chair or similar equipment Skips, buckets,
shall not be used in lieu of a suspended scaffold, except in special boatswain's
circumstances where the work to be performed therefrom is of such chairs, etc.
short duration as to make the use of a suspended scaffold unreasonable,
or where the use of a suspended scaffold is not reasonably practicable,
and such equipment shall only be so used under the supervision of a
responsible person.
(2) No equipment as is mentioned in sub-regulation (1) shall be used in

lieu of a suspended scaffold unless-
(a) the equipment, including all the suspension ropes or chains and
their means of support, are of good construction, sound material,
adequate strength and free from patent defect, and the ropes or chains
are securely attached; and
(b) suitable measures are taken to prevent spinning or tipping and to

prevent any occupant from falling therefrom.
(3) No skip, bucket or basket shall be used in lieu of a suspended

scaffold unless it is-
(a) at least 800 millimetres deep; and
(b) either constructed wholly of suitable metal or carried by two

strong bands of suitable metal which are properly fastened and continue
round the sides and bottom.
(As amended by S.1. No. 90 of 1974)
15. (1) No trestle scaffold shall be used- Trestle

scaffolds
(a) if constructed with more than three tiers; or
(b) if it has a working platform more than 4,500 metres above the
ground or floor or other surface upon which the scaffold is erected.
(2) No trestle scaffold shall be erected on a scaffold platform unless-
(a) the width of the platform is such as to leave sufficient clear space
for the transport of materials; and
(b) the trestles or uprights are firmly attached to the platform and
adequately braced to prevent displacement.
(3) No trestle scaffold shall be erected on a suspended scaffold.

(As amended by S.1. No. 90 of 1974)
16. Ladder scaffolds shall be of adequate strength and used only for Ladder
light work. scaffolds
17. Scaffolds in use, together with all fittings and connections, shall be Inspection of
inspected at least once a week by a competent person deputed by the scaffolds
employer, and a record in the form set out in the First Schedule shall be
kept of all such inspections.
18. Where a scaffold or part thereof is to be used by or on behalf of an Scaffolds used

employer, other than the employer for whose workmen it was first by workmen of
erected, the first-mentioned employer shall, before such use, and more than one
without prejudice to any other obligations imposed upon him, take employer
express steps, either personally or by a competent agent, to satisfy
himself that the scaffold or part thereof is stable, that the materials used
in its construction are sound, and that the safeguards required by these
Regulations are in position.
19. Scaffolds shall not be overloaded and materials shall not be kept Overloading of
thereon unless needed within a reasonable time. scaffolds
PART III
WORKING PLATFORMS,
WORKING PLACES,
GANGWAYS, ETC.
20. (1) Every working platform from which a person is liable to fall Working
more than 2 metres shall be- platforms
(a) closely boarded, planked or plated;
(b) at least 500 millimetres wide if the platform is used as a footing

only and not for the deposit of any material;
(c) at least 1 metre wide if the platform is used for the deposit of
material;
(d) at least 1,250 metres wide if the platform is used for the support
of any higher platform:
Provided that-
(i) the requirements of paragraphs (b) and (c) shall not apply in the
case of a platform of a suspended scaffold, or in the case of a platform
not less than 500 millimetres wide being the platform of a ladder
scaffold or of a trestle scaffold where the work is of such a light nature
and the material required for the work is such that a platform less than 1
metre wide can be used with safety, and the platform is not used for the
support of any higher platform;
(ii) the requirements of paragraphs (b) and (c) shall not apply in the
case of a platform of a scaffold which has to be placed in a confined
space, where these requirements are impracticable and the platform is as
wide as practicable.
(2) No working platform resting on bearers let into a wall at one end and
without other support shall be used unless the bearers are of adequate
strength, pass through the wall and are securely fastened on the other
side.
(3) Loose bricks, drainpipes, fuel drums or other unsuitable material

shall not be used for the construction or support of scaffolds save that
bricks or small blocks may, if they provide a firm support, be used to
support a platform not more than two feet above the ground or floor.
21. (1) All boards or planks forming part of a working platform, Boards and
gangway or run shall be of such thickness and so supported as to prevent planks in
undue or unequal sagging and also so supported or secured as to prevent working
tipping or spreading. platforms, etc.
(2) Suitable measures such as the provision of adequate bevelled pieces

shall be taken to reduce to a minimum the risk of tripping and to
facilitate the movement of barrows where boards or planks which form
part of a working platform, gangway or run overlap each other or are not
of reasonably uniform thickness where they meet each other or, owing
to warping or for some other reason, do not provide an even surface.
22. (1) Subject to the provision of sub-regulations (3), (4) and (5), Guard-rails and
every side of a working platform or working place, being a side thereof toe-boards at
from which a person is liable to fall a distance of more than 2 metres, working places
shall be provided with a suitable guard-rail or guard-rails of adequate
strength, to a height of at least 1 metre above the platform or place and
above any raised standing place on the platform or place, and with
toe-boards up to a sufficient height, being in no case less than 205
millimetres, and so placed as to prevent so far as possible the fall of
persons, materials and tools from such platform or place.
(2) The guard-rails and toe-boards used on a working platform or

working place shall be placed on the inside of the uprights, and the space
between any toe-board and the lowest guard-rail above it shall not
exceed 700 millimetres.
(3) It shall not be necessary to have a guard-rail up to 1 metre above the

platform or place where this is impracticable on account of the nature or
special circumstances of the work-
(a) if there is a guard-rail up to a height of at least 700 millimetres;
or
(b) if, where a guard-rail up to a height of 700 millimetres is
impracticable, secure handholds are provided for persons endangered by
the absence of a guard-rail up to that height.
(4) Guard-rails and toe-boards required by sub-regulations (1) and (2)

may be removed or remain unerected for the time and to the extent
necessary for the access of persons or the movement of materials.
(5) The requirements of sub-regulations (1) and (2) shall not apply-
(a) in respect of toe-boards, to the platform of a ladder scaffold or a

trestle scaffold, or where and so far as the provision of a toe-board is
impracticable on account of the nature or special circumstances of the
work;
(b) in respect of guard-rails, to the platform of a ladder scaffold if a
secure handhold is provided for the full length of such platform, nor to
the platform of a trestle scaffold when the platform is supported on
folding trestles or step-ladders;
(c) to a platform provided with suitable guard-rails which is on a

sloping surface;
(d) to a temporary platform which is used only by erectors of

structural steelwork or ironwork for the purposes of bolting-up, rivetting
or welding work of such short duration as to make the provision of a
platform with guard-rails and toe-boards unreasonable, so long as-
(i) the platform is at least 1 metre wide; and
(ii) there is adequate handhold; and
(iii) the platform is not used for the deposit of tools or materials
otherwise than in boxes or receptacles suitable to prevent the fall of the
tools or materials from the platform.
23. (1) Every gangway or run from any part of which a person is liable Construction of
to fall a distance of more than 2 metres shall- gangways and
runs
(a) be closely boarded, planked or plated:
Provided that this paragraph shall not apply to a gangway or run

which is part of the fixed equipment of a structure and the boards, plates
or planks of which are so secured as to prevent their moving and so
placed that the space between adjacent boards, plates or planks does not
exceed 25 millimetres, and there is no risk of persons below such
gangway or run being struck by tools or other objects falling through
such gangway or run;
(b) be at least 500 millimetres wide.
(2) No gangway, run or working platform shall be used for the passage
of materials unless it affords a clear passage-way which is adequate in
width for the passage of the materials without the removal of the
guard-rails or toe-boards and in any case is not less than 700 millimetres
wide.
(3) No gangway or run shall be used the slope of which exceeds one
vertical to three horizontal.
(4) Where the slope of any gangway or run renders additional foothold
necessary, and in every case where the slope exceeds one vertical to four
horizontal, there shall be provided proper stepping laths which shall-
(a) be placed at suitable intervals; and
(b) be the full width of the gangway or run, except that they may be
interrupted over a width of not more than 100 millimetres to facilitate
the movement of barrows.
24. All gangways, runs and stairs from which a person is liable to fall a Guard-rails,
distance of more than 2 metres shall be provided with- etc., for
(a) suitable guard-rails of adequate strength to a height of at least 1 gangways, etc.
metre above the gangway, run or stair;
(b) except in the case of stairs, toe-boards up to a sufficient height,
being in no case less than 205 millimetres and so placed as to prevent so
far as possible the fall of persons, materials and tools; the space between
any such toe-board and the lowest guard-rail above it shall not exceed
700 millimetres:
Provided that the provisions of this regulation shall not apply to a

temporary gangway which is used only by erectors of structural
steelwork or ironwork for the purposes of bolting-up, rivetting or
welding work of such short duration as to make the provision of a
gangway with guard-rails and toe-boards unreasonable.
25. (1) Every platform, gangway, run or stair shall be kept free from Platforms, etc.,
any unnecessary obstruction, or projections, material or rubbish and to be
from any projecting nails. unobstructed
(2) If any platform, gangway, run or stair becomes slippery, appropriate

steps shall, as soon as is reasonably practicable, be taken to remedy the
defect.
26. (1) Every ladder and step-ladder shall be of good construction, Ladders and
sound material and adequate strength for the purpose for which is it step-ladders
used.
(2) Ladders or step-ladders shall have a level and firm footing and shall
not stand on loose bricks or other loose packing.
(3) Every ladder shall be properly placed and secured so that it cannot
move from its position, and if it cannot be so secured it shall be secured
as far as is practicable; if the ladder is supported but not securely fixed at
the base a person shall, if practicable, be stationed at the base of the
ladder to prevent slipping.
(4) No ladder shall be used which has-
(a) a missing or defective rung; or
(b) any rung which depends for its support solely on nails, spikes or
other similar fixing.
(5) No wooden ladder shall be used unless it is constructed with-
(a) uprights of adequate strength;
(b) rungs made of straight grained wood free from defect and
mortised or securely notched into the uprights;
(c) reinforcing metal ties if the tenons are not secured by wedges.
27. (1) Where a ladder, other than a crawling ladder, is used as a means Communication
of communication or as a working place, the ladder shall rise, or an ladders
adequate handhold shall be provided, to a height of at least 1 metre
above the place of landing or the highest rung to be reached by the feet
of any person working on the ladder, as the case may be, or, if that is
impracticable, to the greatest practicable height.
(2) Every ladder or run of ladders rising a vertical distance of over 9
metres shall, if practicable, unless fitted with a safety cage or safety
hoops, be provided with an intermediate landing place or places so that
the vertical distance between two successive landing places shall not
exceed 9 metres.
28. Every accessible opening left in a roof, wall or floor of a building Openings left in
or structure, or in a working platform, gangway or run, through which roofs, walls,
any person is liable to fall a distance of more than 2 metres, shall be floors, etc.
provided with suitable guard-rails and toe-boards or coverings to
prevent the fall of persons or materials or articles through the opening,
except where and when access is required for workmen or for the
movement of materials, or for the completion of the building or
permanent filling in of the opening.
29. (1) Where any person is employed in connection with any Sloping roofs
construction work to which these Regulations apply, on a sloping roof and fragile
without adequate footholds or handholds and having a pitch of more materials
than 10 degrees, suitable and sufficient crawling ladders or duck-boards
shall be provided and used, and such ladders or duck-boards shall be
secured to prevent their slipping,
(2) Where all the work cannot be done from secured crawling ladders or
duck-boards and where the sloping roof has a pitch of more than 30
degrees or the covering of the roof has a slippery surface, and where a
person is liable to fall a vertical distance of more than 2 metres from the
edges or the eaves, a parapet or barrier shall be provided at the lower
edges or eaves of the roof, so as to prevent any person falling off the
roof.
(3) Without prejudice to the foregoing provisions, no person shall pass

across, or work on or from material which is liable to fracture and is so
situated that he would be liable to fall a distance of more than 2 metres,
unless suitable and sufficient ladders, crawling ladders or duck-boards
are provided, secured, and used.
(4) Prominent warning notices shall, except where the material is glass,
be affixed at the approaches to fragile material.
30. Every working place and approach thereto connected with any Lighting of
construction work shall be adequately lighted. working places
PART IV
LIFTING MACHINERY
31. (1) Every lifting machine and every part thereof including all Construction
working gear and all other plant or equipment used for anchoring or and
fixing such machinery shall be of good mechanical construction, sound maintenance
material, adequate strength and free from patent defect, and shall be
(2) No crane which has any timber structural member shall be used.
(3) Every part of the framework of every crab or winch, including the
bearers, shall be of metal.
(4) Every platform for the person or persons driving or operating a

crane, or for any signaller, shall be-
(a) of sufficient area for the persons employed thereon;
(b) close planked or plated;
(c) provided with safe means of access;
(d) provided with guard-rails and toe-boards where necessary to

prevent danger.
(5) Every travelling jib crane on rails shall be provided with guards to
remove any loose material from the track.
(6) The rail track on which a travelling crane moves shall be of sound
construction, properly laid, maintained in good condition, as level as far
as practicable, and provided with effective stops at the ends.
(7) Every travelling crane shall be fitted with effective brakes.
(8) Every travelling crane shall be fitted with an effective whistle or

other warning device.
32. (1) Every lifting machine shall be adequately and securely Support,
supported. anchoring and
stability
(2) The anchoring or fixing arrangements of every lifting machine shall

be adequate and secure.
(3) Every temporary attachment or connection of a rope, chain or other

plant or equipment used in the erection or dismantling of any lifting
machine shall be adequate and secure.
(4) No mobile lifting machine shall be used on a soft or uneven surface

or on a slope in circumstances in which the stability of the machine is
likely to be affected, unless adequate precautions are taken to ensure its
stability.
(5) No fixed crane shall be used unless it is securely anchored or

adequately weighted by suitable ballast properly placed on the crane
structure so as to ensure stability.
(6) Where the stability of a crane is secured by means of removable

weights, a diagram or notice indicating the position and amount of such
weights shall be affixed on the crane where it can readily be seen.
33. On every stage, gantry or other place where a lifting machine Travelling or
having a travelling or slewing motion is used, an unobstructed slewing motion
passageway not less than 610 millimetres wide shall be maintained
between any part of the machine liable so to move and any guard-rails,
fencing or nearby fixtures:
Provided that if at any time it is impracticable to maintain such a

passage-way at any place or point, all reasonable steps shall be taken to
prevent the access of any person to such place or point at any time.
34. (1) A crane shall not be erected or dismantled except under the Erection and
supervision of a competent person. dismantling
(2) The jib of a scotch derrick crane shall not be erected between the
back stays of the crane.
(3) Effective measures shall be taken to prevent the foot of the king post
of any scotch derrick crane from being lifted out of its socket or support
whilst in use.
35. (1) Every drum or pulley round which the chain or wire rope of any Drums and
lifting machine is carried shall be of suitable diameter and construction pulleys
for the chain or rope used.
(2) Every chain or rope which terminates at the winding drum of a

lifting machine shall be properly secured thereto, and at least two turns
of such chain or rope shall remain on the drum in every operating
position of the machine.
36. (1) Every crane, crab and winch shall be provided with an efficient Brakes and
brake or brakes or other safety device which will prevent the fall of the controls
load when suspended and by which the load can be effectively
controlled whilst being lowered.
(2) On every lifting machine, every lever, handle or wheel provided for
controlling the operation of any part of the machine shall, where
practicable, be provided with a suitable locking device to prevent
accidental movement or displacement of the lever, handle or wheel,
unless it is so placed or constructed as to prevent such accidental
movement or displacement, or unless the machine is so constructed that
such accidental movement or displacement will not affect the machine
in a manner liable to cause danger.
(3) Every lever, handle, wheel, switch or other device provided for
controlling the operation of any part of a lifting machine shall have upon
or adjacent to it clear markings to indicate its purpose and mode of
operation:
Provided that this sub-regulation shall not apply to rotating handles for
raising or lowering the load in the case of a winch or non-derricking jib
crane not operated by mechanical power.
(4) The rotating handle of any hand operated crane shall be removed
when lowering the load on the brake.
(5) Every machine used for raising and suspending a pile driving
hammer which operates by gravity shall be provided with adequate
means of control, including efficient brakes and there shall be suitable
scotches or stops for every such hammer.
(6) On every crane having a derricking jib operated through a clutch,

there shall be provided and properly maintained an effective
interlocking arrangement between the derricking clutch and the pawl
sustaining the derricking drum, which shall ensure that the clutch cannot
be disengaged unless the pawl is in effective engagement with the
derricking drum, and the pawl cannot be disengaged unless the clutch is
in effective engagement with the derricking drum:
Provided that this sub-regulation shall not apply to any crane in which-
(i) the hoisting drum and the derricking drum are independently
driven; or
(ii) the mechanism driving the derricking drum is self-locking.
37. (1) Without prejudice to sub-regulation (2), the hoisting mechanism Restriction on
of a crane shall not be used for any purpose other than raising or use of cranes
lowering a load vertically, unless no undue stress is imposed on any part
of the crane structure or mechanism, and the stability of the crane is not
thereby endangered and unless such use is supervised by a competent
person.
(2) A crane with a derricking jib shall not be used with the jib at a radius
exceeding the maximum radius at which the jib may be worked and
which is required to be plainly marked upon the crane by regulation 38.
38. (1) The safe working load or safe working loads and a means of Marking of safe
identification shall be plainly marked upon every crane, crab or winch working load
and upon every pulley block, gin wheel, sheer legs or derrick pole or
mast used in the raising or lowering of any load.
(2) Every crane with a derricking jib shall have plainly marked upon it
the safe working loads at various radii of the jib, and the maximum
radius at which the jib may be worked, and be fitted with an accurate
indicator clearly visible to the driver, showing the radius of the jib at any
time and the safe working load corresponding to that radius.
39. A crane, crab, winch, pulley block, gin wheel, sheer legs, derrick Load not to
pole, mast or any part of such machine shall not be loaded beyond the exceed safe
safe working load, provided that for the purpose of making tests of any working load
such machine the safe working load may be exceeded by such amount as
a competent person appointed to carry out the tests may authorise.
40. (1) Where there is lifted on a crane, crab, winch (other than a piling Precautions
winch), sheer legs or aerial cableway, a load which is equal to or slightly when raising or
less than the relevant safe working load and which is not already lowering
sustained wholly by the machine, the lifting shall be halted after the load
has been raised a short distance and before the operation is proceeded
with.
(2) Where more than one lifting machine is required to raise or lower
one load-
(a) the plant or equipment used shall be so arranged and fixed that
no such lifting machine shall at any time be loaded beyond its safe
working load or be rendered unstable in the raising or lowering of the
load; and
(b) a competent person shall be specially appointed to supervise the

operation.
41. No crane, crab, winch, hoist, pulley block, gin wheel or sheer legs Testing and
shall be used for the first time unless it has been tested and thoroughly thorough
examined by a competent person or certified by the manufacturer of the examination
machine. A certificate of the test and examination specifying the safe
working load or loads shall be kept available for inspection.
42. Every lifting machine and all plant or gear used for anchoring or Weekly
fixing such machine shall, as far as the construction permits, be inspections
inspected for patent defects by a competent person at least once in every
week.
43. No lifting machine shall be used unless it has been thoroughly Thorough
examined by a competent person within the previous fourteen months, examinations
or, in the case of a hoist, within the previous six months, and following
any substantial alteration or repair.
44. (1) The whole of the appliances for the anchorage or ballasting of a Testing of
crane shall be examined by a competent person on each occasion before anchorage or
the crane is erected. ballasting
(2) After each erection of a crane on a construction site and after each
removal of a crane about or to such a site, or any adjustment to any
member of a crane, being a removal or adjustment which involves
changes in the arrangements for anchoring or ballasting the crane, the
security of the anchorage or the adequacy of the ballasting, as the case
may be, shall, before the crane is taken into use, be tested by a
competent person, by the imposition either-
(a) of a load of twenty-five per centum above the maximum load to

be lifted by the crane as erected at the positions where there is the
maximum pull on each anchorage; or
(b) of a less load arrangement to provide an equivalent test of the

anchorage or ballasting arrangements.
45. Where any person engaged on the examination, repair or Safe means of
lubrication of any lifting machine is liable to fall a distance of more than access
2 metres there shall, so far as is reasonably practicable, be provided and
maintained safe means of access to the place at which the person has to
work, with, where necessary, adequate footholds and handholds.
46. (1) A lifting machine shall not be operated except by a person Operation and
trained and competent to operate that machine, except that it shall be signalling
permissible for such machine to be operated by a person who is under
the direct supervision of a qualified person for the purpose of training.
(2) Where the person operating a lifting machine (other than a hoist
subject to Part V) has not a clear and unrestricted view of the load, or,
where there is no load, of the point of attachment for a load, and of its
vicinity, throughout the operation, except at any place where such a
view is not necessary for safe working, there shall be-
(a) appointed and suitably stationed one or more competent persons

as may be necessary to give the necessary signals to the operator; or
(b) effective apparatus or devices provided and used to give sound,

light or colour signals to the operator.
(3) Every signal for the movement or stopping of a lifting machine or its
load, as required by subsection (2), shall be of a distinctive character and
such that the person to whom it is given is able to see or hear it easily.
(4) Devices or apparatus used for giving sound, light or colour signals
shall be efficient and properly maintained and signal wires shall be
adequately protected from accidental interference.
PART V
HOISTS
47. Accessible parts of the hoistway of every hoist shall be efficiently Safety of
protected to prevent any person falling down the hoistway or coming hoistways
into contact with any moving part of the hoist or falling from a hoist
platform at rest at a landing or loading place.
48. (1) The installation arrangements of every hoist shall at any one Hoists used
time be such that it can be operated from only one position. only for goods,
plant or
material
(2) If the person operating a hoist has not a clear and unrestricted view
of the platform, carriage, cage, skip, bucket or other receptacle
throughout its travel, except at points where such view is not necessary
for safe working, then effective arrangements shall be made for signals
for operating the hoist to be given to him from each landing place at
which the hoist is used and to enable him to stop the platform, carriage,
cage, skip, bucket or other receptacle at the appropriate level.
(3) No person shall ride upon the platform or in the receptacle of a hoist
intended only for the carriage of goods, materials, plant or equipment,
and there shall be a readily legible notice on the platform or receptacle
or at each landing place at which the hoist is used stating that the
carriage of persons is prohibited.
49. (1) In connection with every hoist there shall be provided and Safety devices
maintained efficient devices which will support the platform, carriage,
cage, skip, bucket or other receptacle together with its safe working load
in the event of failure of the hoist rope or ropes or any part of the
hoisting gear.
(2) In connection with every hoist there shall be provided and

maintained efficient automatic devices which will ensure that the
platform, carriage, cage, skip, bucket or other receptacle does not
overrun the highest point to which it is for the time being constructed to
travel.
50. (1) Every hoist used for carrying persons shall be provided with a Hoists carrying
cage which is so constructed as to prevent any person carried from persons
falling out, or from being trapped between any part of the cage and any
fixed structure or any moving part of the hoist, or from being struck by
articles or material falling down the hoistway.
(2) Every cage of a hoist used for carrying persons shall be suspended
by means of at least two ropes, each rope and its attachments being such
as to carry with safety the whole weight of the cage and its safe working
load.
(3) In connection with every hoist used for carrying persons, there shall
be provided suitable efficient automatic devices which will ensure that
the cage comes to rest at a point above the lowest point to which the cage
can travel.
(4) Every hoist in which any person is being carried shall be operated
from the cage of the hoist only.
51. Where a hoist is operated by means of a winch, the winch shall be Winches
so constructed that the brake is applied when the control lever, handle or
switch is not held in the operating position, and the winch shall not be a
winch fitted with a pawl and ratchet gear on which the pawl has to be
disengaged before the platform, carriage, cage, skip, bucket or other
receptacle can be lowered.
52. The safe working load shall be plainly marked on every hoist Safe working
platform, carriage, cage, skip, bucket or other receptacle. In the case of a load of hoists
hoist used for carrying persons, the maximum number of persons to be
carried at any one time shall also be so marked, and a greater number of
persons shall not be so carried.
PART VI
LIFTING TACKLE AND PLANT
53. (1) The following provisions shall be complied with as respects Construction,
every chain, rope or lifting tackle used in raising or lowering or as testing,
means of suspension: examination,
safe working
load
(a) no chain, rope or lifting tackle shall be used unless it is of good

construction, sound material, adequate strength, suitable quality and
free from patent defect;
(b) a table showing the safe working loads of every kind and size of
chain, rope or lifting tackle in use and, in the case of a multiple sling, the
safe working loads at different angles of the legs shall be posted in the
store in which the chains, ropes or lifting tackle are kept and in
prominent positions on the site of the construction work, or,
alternatively, in relation to any lifting tackle, the safe working load
thereof, or, in the case of a multiple sling, the safe working load at
different angles of the legs, shall be plainly marked upon it;
(c) no chain, rope or lifting tackle shall be used for any load
exceeding the safe working load, except for the purpose of making tests;
(d) the safe working load of any chain, rope or lifting tackle shall be
that determined by a competent person or by the makers thereof in so far
as such information from the makers is available;
(e) all chains, ropes and lifting tackle in use shall be thoroughly
examined by a competent person at least once in every period of six
months.
54. Every hook used for raising or lowering or as means of suspension Hooks
shall be of such design as to reduce as for as possible the risk of
displacement of the sling or load from the hook.
55. (1) Every chain sling or rope sling used for raising or lowering on a Slings
lifting machine shall be securely attached to the machine, and the
method of attachment shall not be a method likely to result in any
damage to any part of the sling or to any lifting tackle supporting it.
(2) No double or multiple sling shall be used for raising or lowering if-
(a) the upper ends of the sling legs are not connected by means of a
shackle, ring or link of adequate strength: or
(b) the safe working load of any sling leg is exceeded as a result of
the angle between the sling legs.
(3) Adequate precautions shall be taken by the use of suitable packing

or otherwise to prevent the edges of the load from coming into contact
with any sling, rope or chain, so as to cause danger.
56. (1) Every part of the load shall be securely suspended or supported Secureness of
whilst being raised or lowered and shall be adequately secured to loads
prevent danger from slipping or displacement.
(2) Where by reason of the nature or position of the operation a load is

liable, whilst being moved on a lifting machine or lifting tackle, to come
into contact with any object so that the object may become displaced,
special measures shall be adopted to prevent the danger so far as is
reasonably practicable.
(3) Every container or receptacle used for raising or lowering stone,

bricks, tiles, slates or similar objects shall be so enclosed, constructed or
designed as to prevent the accidental fall of such objects:
Provided that this requirement shall not apply to a grab, shovel or

similar excavating receptacle if effective steps are taken to prevent any
person being endangered by a fall of objects therefrom.
(4) Goods or loose material shall not be placed directly on a platform of

a hoist unless such platform is enclosed or other effective precautions
are taken where necessary to prevent the fall of any such goods or
material.
(5) No truck or wheelbarrow shall be carried on a hoist platform unless

it is effectively scotched or secured on the platform.
(6) No loaded truck or wheelbarrow shall be carried on the open

platform of a hoist unless the truck or wheelbarrow is so loaded that no
part of the load is liable to fall off.
(7) No load shall be left suspended from a lifting machine unless a

competent person is actually in charge of the machine.
(8) No person shall be raised, lowered or carried by a crane except on

the driver's platform.
57. (1) No person shall be raised, lowered or carried by a power-driven Carriage of
lifting machine except- persons
(a) on the driver's platform in the case of a crane; or
(b) on a hoist; or
(c) on a suspended scaffold of a type approved by an inspector; or
(d) as permitted by sub-regulation (2).
(2) A person may be raised, lowered or carried by a power-driven lifting

machine otherwise than in accordance with the provisions of
sub-regulation (1) only-
(a) in circumstances where the use of a hoist or of an approved

suspended scaffold is not reasonably practicable and the requirements of
sub-regulation (3) are complied with; or
(b) on an aerial cableway or aerial ropeway provided that the

requirements of paragraphs (b) to (d) of sub-regulation (3) are complied
with.
(3) The requirements referred to in sub-regulation (2) are-
(a) that the machine can be operated from one position

only;
(b) that any winch used in connection with the machine shall
comply with regulation 51.
(c) that no person shall be carried except-

(i) in a suitable chair or cage; or
(ii) in a suitable skip or other receptacle at least 1 metre deep; and
any such chair, cage, skip or other receptacle shall be of good
construction, sound material, adequate strength and properly
maintained, and shall be provided with suitable means to prevent any
occupant falling out and shall not contain material or tools liable to
interfere with his handhold or foothold or otherwise endanger him; and
(d) that suitable measures shall be taken to prevent the chair, cage,
skip or other receptacle from spinning or tipping in a manner dangerous
to any occupant.
58. (1) A report of the result of any test, examination or inspection Records and
required by regulations 41, 42, 43, 44 and 53 shall, as soon as exceptions
practicable after the completion of such test, examination or inspection,
be supplied by the competent person to the person undertaking the
construction work.
(2) The Commissioner may from time to time specify the particulars
which shall be entered in any register to be kept under the provisions of
this regulation by the person undertaking construction work.
(3) A register kept under the provisions of this regulation shall be kept
either at the site of the construction work to which it applies or, where
this is not practicable, at the office of the person undertaking such
construction work.
(4) All reports, certificates and other documents kept in the register and
required by these Regulations shall at all reasonable times be open to
inspection by an inspector. The person keeping any such report,
certificate or other document shall send to any inspector such extracts
therefrom or copies thereof as the inspector may from time to time
require for the purpose of the execution of his duties under the Act.
(5) If it is shown to the satisfaction of the Commissioner that it is

unnecessary or unreasonable in the special circumstances of a case or
class of lifting machine, hoist, lifting tackle or plant subject to Parts IV,
V and VI to enforce any of the requirements, he may by certificate grant
exemption from compliance with such requirements.
PART VII
EXCAVATIONS, SHAFTS AND
TUNNELS
59. (1) Every part of any excavation, shaft, earthwork and tunnel where Inspection of
persons are employed shall be inspected by a competent person at least excavations,
once every day during which persons are employed and at the beginning etc.
of every shift. The competent person shall keep a record of such
inspections which shall be kept available at the site for any examination
by an inspector.
(2) An adequate supply of timber of suitable quality or other suitable Timbering

material shall where necessary be provided and used to prevent, so far as
is reasonably practicable and as early as is reasonably practicable in the
course of the work, danger to any person employed from a fall or
dislodgement of earth, rock or other material forming the side or roof of
or adjacent to any excavation, shaft, earthwork or tunnel:
Provided that-
(i) this regulation shall not apply where the competent person has
certified that the work can be carried out in safety, having regard to the
nature and slope of the side of the excavation or earthwork and other
circumstances, and that no fall or dislodgement of earth or other material
so as to bury or trap a person employed, or so as to strike a person
employed, is liable to occur;
(ii) this regulation shall not apply in relation to a person actually

engaged in timbering or other work which is being carried out for the
purpose of compliance with this regulation, if appropriate precautions
are taken to ensure his safety as far as circumstances permit.
60. (1) No timbering or plant used to retain or support any part of an Inspection and
excavation, shaft, earthwork or tunnel shall be erected or be supervision of
substantially added to, altered or dismantled except under the direction timbering
of a competent person.
(2) No person shall be employed in any part of any excavation, shaft,

earthwork or tunnel after any unexpected substantial fall of earth or rock
or other material in the vicinity of such part until the sides and, where
necessary, the roof, have been inspected by a competent person and such
person has certified that the operations may be carried out in safety.
(3) This regulation shall not apply to persons carrying out inspections
required by this regulation or actually engaged in timbering or other
work for the purpose of making a place safe, if appropriate precautions
are taken to ensure their safety as far as circumstances permit.
61. No excavation, shaft, earthwork or tunnel which is likely to reduce, Excavations

so as to endanger any person employed, the security or stability of any which reduce
part of any structure, whether temporary or permanent, shall be stability
commenced or continued unless adequate steps are taken before and
during the progress of the work to prevent danger to any person
employed from the collapse of the structure or the fall of any part
thereof.
62. Every accessible part of an excavation, shaft, pit or opening in the Fencing of
ground into or down the side of which a person employed is liable to fall excavations
a vertical distance of more than 2 metres shall be provided with a
suitable barrier to a height of at least 610 millimetres and as close as is
reasonably practicable to the edge, or shall be securely covered:
Provided that the foregoing requirement shall not apply to any part of an
excavation, shaft, pit or opening while (and to the extent to which) the
absence of such barrier and covering is necessary for the access of
persons or for the movement of plant or materials or while (and to the
extent to which) it has not yet been practicable to erect such barrier or
covering since the formation of that part of the excavation, shaft, pit or
opening.
63. (1) Materials shall be cleared to a distance of at least 1,550 metres Safeguarding
from the edges of an excavation, shaft, pit or opening in the ground so as edges of
not to endanger persons employed below. excavations
(2) No load shall be placed or moved near the edge of any excavation,
pit or shaft where it is likely to cause a collapse of the side of the
excavation, pit or shaft and thereby endanger any person.
64. In the open face working of any excavation no undercutting shall Open face
be allowed and no vertical face shall, so far as is reasonably practicable excavations
have a height of more than 1,550 metres but such open face shall be
worked in terraces or at an angle of safety. All debris and other loose
matter or stones on the surface shall be cleared to a distance of at least
1,550 metres from the edge of the working.
65. Every excavation, shaft or tunnel shall have safe and reliable Means of entry
means of entry and exit for persons employed and, as far as is and exit
reasonably practicable, the means of entry and exit shall be provided at
intervals not exceeding 15 metres.
66. All persons working in shafts, tunnels and in other construction Hard hats
work, where there is a similar risk of head injuries, shall be provided
with suitable protective hard hats, which shall be worn by the persons
concerned.
67. (1) Explosives at construction sites shall not be handled or used Explosives
except by or under the immediate control of a competent person with
adequate knowledge of the dangers connected with their use, and steps
shall be taken to see that, when a charge is fired, persons employed are
in positions in which, so far as can be anticipated, they are not exposed
to risk of injury from the explosion or from flying material.
(2) In addition to the above requirement, the use of explosives in

construction work will be subject to any regulations controlling the use
of explosives which are enforced by the Chief Inspector of Mines.
PART VIII
DEMOLITION
68. Before demolition is commenced and also during the progress of Avoidance of
the work- danger from
(a) no electric cable or apparatus which is liable to be a source of electric cables,
danger, other than a cable or apparatus used for the operation, shall fire and water
remain electrically charged;
(b) all practicable steps shall be taken to prevent danger to persons
employed-
(i) from risk of fire or explosion through leakage or accumulation of

gas or vapour; and
(ii) from risk of flooding from water mains, sewers or culverts.
69. No floor, roof or other part of a building shall be so overloaded Overloading of

with debris or materials as to render it unsafe. floors, etc.
70. Before any steelwork or ironwork is cut or released, precautions Removal of

shall be taken, so far as is practicable, to avoid danger from any sudden steelwork
twist, spring or collapse.
71. Before demolition is commenced, and also during the progress of Shoring to
the work, precautions shall, where necessary, be taken by adequate prevent collapse
shoring or otherwise to prevent, as far as practicable, the accidental
collapse of any part of the building or any adjoining building, the
collapse of which may endanger any person employed.
72. All demolition and operations incidental thereto shall be Supervision

specifically placed under the supervision of a competent person
experienced in demolition operations.
PART IX
TRANSPORT
73. (1) All rails forming a rail track and every gantry or elevated Rails and rail
structure carrying rails on which trucks, wagons or any other tracks
conveyances are moved by a locomotive or other form of mechanical
haulage, shall be properly constructed, adequately supported and
maintained so as to ensure the stability of any locomotive, truck, or
wagon, etc., on the track.
(2) Every rail track shall be provided at each end with adequate stop
blocks, buffers and, where practicable, automatic braking devices.
74. Every locomotive, wagon and truck used for transport purposes Maintenance of
shall be properly maintained. locomotives,
etc.
75. On every level on which mechanical haulage is employed, Clearance

adequate clearance shall be maintained between the sides of the level
and the trucks unless suitable recesses are provided at intervals of not
more than 30 metres. All reasonable steps shall be taken to avoid or
obviate low clearance and overhead obstructions.
76. Every gantry or elevated structure carrying rails on which a Gantries

locomotive, truck or wagon moves shall be properly constructed and
maintained and, at every part along which persons employed have to
pass on foot, shall be provided with a suitable and adequate footway.
77. Every locomotive or other type of mechanical haulage shall be Warning of

fitted with an effective whistle or other warning device. It shall be the movement
duty of the person in charge of any locomotive, truck, or train of trucks
to ensure that such locomotive or truck or the leading unit of a train of
trucks has an adequate light affixed to the front of it when in motion in
the dark.
78. No person shall be required or permitted to ride on a buffer or on a Riding on

running board or in any other insecure position on any locomotive, vehicles
truck, wagon or other vehicle, except where adequate handholds and
footholds are provided.
79. No person shall be required or permitted to remain on any truck, Loading of

wagon or other vehicle during the loading or unloading of loose vehicles
materials by means of a grab, excavator or similar appliance, if he is
endangered by so remaining.
80. A mechanically propelled vehicle or a mechanically drawn Mechanically

trailer-vehicle if owned or used by, or hired by and operated under the propelled
control of, a contractor or employer of workmen at any construction site vehicles and
to which these Regulations apply and used for conveying workmen, trailers
goods or materials for the purpose of such operations shall, when being
moved at a site where such construction work is carried on (whether or
not workmen, goods or materials are actually being conveyed on the
vehicle at the time)-
(a) be in an efficient state, in efficient working order and in good
repair and not be used in an improper manner; and
(b) not be loaded in such a manner or to such an extent as to interfere
with the safe driving or operation of the
vehicle.
This regulation shall not apply to locomotives, trucks or wagons on lines
of rails.
81. On every inclined track where trucks are worked, attached to a rope Inclined tracks
or chain, adequate safety devices shall be provided to prevent danger
from runaway trucks.
82. Where any vehicle is used for tipping material into any excavation Vehicles near
or pit or over the edge of any embankment or earthwork, adequate edge of
measures, such as the provision of suitable stop blocks, shall be taken excavation, etc.
where necessary so as to prevent such vehicle from over-running the
edge of such excavation, pit, embankment or earthwork.
PART X
HEALTH
83. At every site where persons are employed in operations to which First-aid,
these Regulations apply- ambulance and
(a) (i) a sufficient number of first-aid boxes or cases ambulance
shall be available in readily accessible positions while room
work is going on;
(ii) in the case of a site where more than one hundred persons are
employed, there shall be provided and available suitable stretchers and a
vehicle capable of efficiently carrying an injured person on a stretcher:
Provided that this sub-paragraph shall not apply if specific
arrangements have been made for obtaining an ambulance and
stretchers promptly, when required, from a hospital or other place in the
immediate vicinity of the site;
(iii) a suitable sling stretcher or other appliance for raising injured

persons shall be readily available where work is being carried on in an
excavation, shaft or other place, the proper removal from which of a
seriously injured person is liable to call for the use of such an appliance;
(iv) nothing except appliances or requisites for first-aid shall be kept

in a first-aid box or case;
(b) every first-aid box or case shall-
(i) contain such equipment as by law provided which shall be kept

clean and in good condition;
(ii) be placed under the charge of a responsible person who shall be

capable of giving first-aid and be readily available;
(c) in the following cases, namely:
(i) in the case of a site where more than five hundred persons are
intended to be or have been employed at any one time and the number so
employed is for the time being more than two hundred and fifty; and
(ii) in the case of a site at which more than two hundred and fifty
persons are intended to be or have been employed and which is more
than sixteen kilometres from a hospital and at which the number so
employed is for the time being more than one hundred;
there shall be provided a properly constructed ambulance room
with equipment at least up to such standards as prescribed in the Second
Schedule, The room shall be in the charge of a suitably qualified person
and a record shall be kept of all cases of sickness or accident treated at
the room.
84. An adequate supply of wholesome drinking water shall be Drinking water

provided at a convenient point or points and clearly marked "Drinking
Water".
85. There shall be provided, if an inspector so directs, at or in the Shelters,

immediate vicinity of any site where persons are employed in operations accommodation
to which these Regulations apply- for clothing,
(a) conveniently accessible and suitable accommodation for taking accommodation
shelter during interruptions owing to bad weather; for meals
(b) conveniently accessible and suitable accommodation for

changing clothing;
(c) adequate and suitable accommodation for taking meals.
86. Sufficient and suitable sanitary conveniences for all persons Sanitary
employed at a construction site shall be provided by the main contractor conveniences
or employer of workmen undertaking the operations.
87. Where in connection with any grinding, cleaning, spraying or Inhalation of

manipulation of any material, there is given off dust or fume of such a dust or fumes
character and to such an extent as to be likely to be injurious to the
health of persons employed, suitable respirators or otherwise shall be
provided to prevent inhalation of such dust or fume.
88. Where the following processes are carried on, that is to say: Protection of
(a) dry grinding of surfaces of metal, stone, concrete or similar eyes
materials by means of a wheel or disc driven by mechanical power;
(b) cutting, dressing or carving of stone, concrete or similar
materials by means of a portable tool driven by mechanical power;
(c) chipping or scaling of painted or corroded metal surfaces or
wire-brushing of such surfaces by mechanical power;
(d) cutting out and cutting off of cold rivets from any structure or
part thereof; and
(e) welding or cutting of metals by means of an electrical,
oxy-acetylene or similar process; suitable goggles or screens shall be
provided to protect the eyes of persons employed in the process.
89. Effective steps shall be taken to secure and maintain the adequate Ventilation of
ventilation of every working place in any excavation, pit, hole, adit, confined spaces
tunnel, shaft, caisson, or other enclosed space so as-
(a) to maintain an atmosphere which is fit for respiration; and
(b) to render harmless all fumes, dust or other impurities which may
be dangerous or injurious to health.
90. Where any persons are employed in a process in which a lead Lead
compound or other poisonous substance is used, there shall be provided compounds and
for the use of the persons liable to come into contact with such other poisonous
compound or substance adequate and suitable facilities for washing, substances
which shall include nail brushes, soap and towels.
PART XI
MISCELLANEOUS
91. No timber or materials with projecting nails shall be used in any Projecting nails
work in which they are a source of danger to persons employed or be and loose
allowed to remain in any place where they are a source of danger to such material
persons.
92. Any temporary structure erected for the purpose of operations to Construction of
which these Regulations apply, not being a scaffold or a structure to temporary
which any other regulation applies, shall be of good construction, sound structures
material and adequate strength and stability, having regard to the
purpose for which it is used.
93. All practicable precautions shall be taken, by the use of temporary Avoidance of
guys, stays, supports and fixings or otherwise where necessary, to danger from
prevent danger to any person employed through the collapse of any part collapse of
of a structure during any temporary state of weakness or instability of structure
the structure or part thereof before the structure is completed.
94. (1) Where on or adjacent to the site of any operations to which these Prevention of
Regulations apply there is water into which a person employed is in the drowning
course of his employment liable to fall with risk of drowning, suitable
rescue equipment shall be provided and kept ready for use and steps
shall be taken to arrange for the prompt rescue of any such person in
danger of drowning.
(2) Where appropriate and reasonably practicable, secure fencing of not

less than 1 metre in height shall be erected near the water to prevent such
fall.
95. If the special nature or circumstances of any part of the work Safety nets,
renders impracticable compliance with the provisions of these sheets and belts
Regulations designed to prevent the fall of any persons engaged on
construction work, then those provisions shall be complied with so far as
practicable and, except for persons for whom there is adequate handhold
and foothold, either there shall be provided-
(a) suitable safety nets or safety sheets; or
(b) safety belts or other contrivances which will so far as practicable
enable such persons who elect to use them to carry out the work without
risk of serious injury.
96. Measures shall be taken to prevent, so far as practicable, steam, Generation of

smoke or other vapour from being generated on the site of operations to steam, smoke
which these Regulations apply and obscuring any part of the work, and vapour
scaffolding, machinery or plant where any person is employed.
97. Scaffold materials, tools and other objects and material (including Protection from
waste material) shall not be thrown, tipped, or shot from a height where falling material
they are liable to cause injury, but shall be properly lowered; in any
place where proper lowering is not practicable and also where any part
of a structure is being demolished or broken off, adequate steps shall be
taken, where necessary, to protect persons employed from falling or
flying debris.
98. Every employer shall submit such returns and reports and keep Returns
such records as the Commissioner may from time to time require, and
any employer who fails to render any such return or report or keep such
record, or knowingly makes any false statement in any such return,
report or record, shall be guilty of an offence.
99. All parts of machinery as may be a source of danger to any person Guarding of
at a construction site subject to these Regulations shall be securely machinery
fenced and guarded.
100. (1) Before any construction work to which these Regulations Electricity
apply is commenced, and also during the progress thereof, all
practicable steps shall be taken to prevent danger to persons employed
from any live electric cable or apparatus which is liable to be a source of
danger, either by rendering such cable or apparatus dead or otherwise.
(2) Where any electrically charged overhead cable or apparatus is liable

to be a source of danger to persons employed during the course of any
construction work to which these Regulations apply, whether from a
lifting machine, or the use or handling of any plant, equipment or
building materials, all practicable precautions shall be taken, either by
the provision of adequate and suitably placed barriers or otherwise, to
prevent approach to the danger area in the vicinity of the overhead
cables or apparatus.
(3) All electrical apparatus and conductors used in construction work

shall comply with the relevant requirements of the Factories
(Electricity) Regulations.
101. It shall be the duty of every contractor and every employer of Duties of
workmen undertaking any construction work to which these contractors and
Regulations apply- employers of
(a) to comply with such regulations which affect him or any workmen
workmen employed by him:
Provided that the requirements of the said regulations shall be
deemed not to affect any workman if and so long as his presence in any
place is not in the course of performing any work on behalf of his
employer and is not expressly or impliedly authorised or permitted by
his employer;
(b) to comply with such regulations as relate to any work, act or
operation performed or about to be performed by any such contractor or
employer of workmen;
(c) to comply with such regulations as relate to the erection or
alteration of scaffolds and to the erection, dismantling, installation,
working or use of any machine, appliance or other plant or equipment by
any such contractor or employer of workmen;
(d) to keep readily available a copy of these Regulations for use on
the site of any construction work.
102. It shall be the duty of every person employed to comply with the Duties of
requirements of such of these Regulations as relate to the performance persons
of or the refraining from an act by him and to co-operate in carrying out employed
these Regulations and, if he discovers any defect in the machinery, plant
or equipment, to report such defect without unreasonable delay to his
employer or foreman, or to a person appointed by the employer as safety
supervisor.
103. (1) Whenever an accident occurs in any construction work which Notice of
either- accidents
(a) causes loss of life to a person employed in that construction

work; or
(b) disables any such person for more than three days from earning
full wages at the work at which he was employed;
the employer shall forthwith send written notice of the accident to an
inspector.
(2) In addition, in case of death, the employer shall forthwith send

notice of the accident in writing, and also where practicable by telegraph
or telephone, to an inspector.
(3) Whenever death ensues as a consequence of an accident which has

already been notified, the employer shall immediately send notice of
such death to an inspector.
104. These Regulations shall not apply to construction work Mining

undertaken within the boundary of a mine, or to premises used for operations and
refining metals or ores which are under the control of a mining company premises
or authority.
105. Any person guilty of an offence to which section ninety-one of the Penalties
Act applies, or in respect of these Regulations or any lawful requirement
made thereunder, shall be liable to the penalties prescribed by section
ninety-two of the Act.
FIRST SCHEDULE
(Regulation 17)
INSPECTION OF SCAFFOLDS
1. Location and description of scaffold inspected.
2. Date of inspection.
3. Result of inspection. Enter details of any defects. If no defects
enter "In good order".
4. Signature of person who made the inspection.
5. Date of entry in record book.
SECOND SCHEDULE
(Regulation 83 (c))
AMBULANCE ROOM EQUIPMENT
The ambulance room shall contain at least:

1. A glazed sink with hot and cold water always available.
2. A table with a smooth impermeable top.
3. Means for sterilising instruments.
4. A supply of suitable dressings, bandages and splints.
5. A couch.
6. A stretcher.
7. Blankets and hot water bottles.
8. A foot bath.
9. A suitable cupboard for instruments, etc.
10. Any special equipment which the Director of Medical Services may, in any
particular case, consider
necessary.
Statutory
REGULATION 58 OF THE CONSTRUCTION (SAFETY Instrument
AND HEALTH) REGULATIONS-REGISTER OF HOIST, 119 of 1968
LIFTING MACHINES AND LIFTING TACKLE
Notice by the Labour Commissioner
It is hereby specified that the particulars to be entered, for the purposes

of the Construction (Safety and Health) Regulations, in a register to be
kept by employers or contractors undertaking construction work shall be
as follows:
1. Name and office address of employer or contractor.
2. Distinguishing number or mark and description sufficient to identify

each hoist, lifting machine or lifting tackle.
3. Date and number of the report of each thorough examination of

hoists subject to regulation 43 and lifting tackle subject to regulation 53.
4. Date and number of the report of each test or thorough examination

of lifting machines subject to regulations 41 and 43.
5. Date and number of the report of each examination and test of the
anchorage or ballasting of a crane subject to regulation 44.
6. Particulars of any defect found at any examination required by

regulation 42 or specified in paragraphs 3, 4 and 5 above and affecting
the safe working load and the steps taken to remedy such defect.
7. Date and number of the certificate relating to any test and thorough
examination made under regulation 41 of each crane, crab, winch, hoist,
pulley block, gin wheel or sheer legs before being taken into use for the
first time and the name, signature and address of the person who issued
the certificate.
THE FACTORIES (ELECTRICITY) REGULATIONS
Regulation
1. Title
2. Interpretation
3. Application of Regulations
4. Exemptions
5. Safety of installations
6. Conductors
7. Control gear
8. Switches and circuit-breakers
9. Fuses and automatic circuit-breakers
11. Cutting off pressure and protection from excess current
12. Placing of single-pole switches
13. Earthing of bare neutral conductors
14. Means of cutting off pressure from motors, etc.
15. Switches for control of electric motors
16. Portable apparatus
17. General arranagement of switchboards
18. Enclosure of switchboards
19. Placing of switchboard apparatus, etc.
20. Switchboard working platforms and passage-ways
21. Switchboards for high or extra high pressure
22. Protection of high and extra high pressure apparatus
23. Precautions against accidental charging above normal working
pressure
24. Precautions against accidental charging of metal other than
conductors
25. Precautions against accidental charging of apparatus
26. Provision of insulating stands or screens
27. Provision and use of portable insulating devices
28. Safe working space and means of access
29. Lighting
30. Protection against exposure
31. Only authorised persons, etc., to undertake certain work
Regulation
32. Instructions as to treatment for electric shock
33. Construction, etc., of substations
34. Control of substations
35. Means of access to substations
36. Penalties
Statutory
SECTIONS 74 AND 82-THE FACTORIES Instrument
(ELECTRICITY) REGULATIONS 254 of 1967
91 of 1974
Regulations by the Minister Act No.
13 of 1994
1. These Regulations may be cited as the Factories (Electricity) Title

Regulations.
"apparatus" means electrical apparatus in any undertaking, and includes

all apparatus, machines and fittings in which conductors are used or of
which they form a part;
"authorised person", in respect of any duties incidental to the generation,

transformation, distribution or use of electrical energy in any
undertaking, means-
(a) the person responsible for such undertaking if a competent

person; and
(b) any electrical contractor under contract with the person

responsible for such undertaking; and
(c) any competent person authorised by the person responsible for

the undertaking concerned or by such undertaking as aforesaid;
"bare" means not covered with insulating material;
"circuit" means an electrical circuit forming a system or branch of a

system;
"conductor" means an electrical conductor arranged to be electrically

connected to a system;
"covered with insulating material" means adequately covered with

insulating material of such quality and thickness that there is no danger
when the matter so covered is live;
"danger" means danger to health or danger to life or limb from shock,
burn or other injury to persons employed in an undertaking, or from fire,
attendant upon the generation, transformation, distribution or use of
electrical energy;
"dead" means at or about zero potential and disconnected from any live
system or part thereof;
"earthed" means connected to the general mass of earth in such manner

as will ensure at all times an immediate discharge of electrical energy
without danger;
"extra high pressure" means a pressure in a system normally exceeding

6,600 volts at the point where the electrical energy is used or supplied;
"high pressure" means a pressure in a system normally above 650 volts

but not exceeding 6,600 volts at the point where the electrical energy is
used or supplied;
"insulating", in respect of any clothing, material or thing, means such

clothing, material or thing of such size, quality and construction that,
having regard to all the circumstances of its use by any person, in
connection with electrical energy, such person is by reason of such use,
adequately protected from danger;
"low pressure" means a pressure in a system normally not exceeding

250 volts at the point where the electrical energy is used;
"medium pressure" means a pressure in a system normally above 250

volts but not exceeding 650 volts at the point where the electrical energy
is used;
"person responsible" means-
(a) in respect of a factory, the occupier thereof;
(b) in respect of any building operations or work of engineering

construction, any person undertaking such operations or work whether
as employer, contractor or sub-contractor;
"pressure" means the difference of electrical potential between any two
conductors, or between a conductor and earth, as read by a hot wire or
electrostatic voltmeter;
"public supply" means the supply of electrical energy by a person

authorised thereto by a licence granted under the provisions of any law;
"substation" means any premises, or part thereof, in which electrical

energy is transformed or converted to or from pressure above medium
pressure if such premises, or part thereof, are large enough for a person
to enter after the apparatus is in position: Provided that where such
transformation is made solely for the purpose of working instruments,
relays or similar auxiliary apparatus, such premises shall not be deemed
to be a substation;
"switchboard" means a collection of switches, fuses, conductors and

other apparatus in connection therewith, used for the purpose of
controlling the current or pressure in any system or part of a system;
"switchboard passage-way" means any passage-way or compartment

large enough for a person to enter and used in connection with a
switchboard when live;
"system" means an electrical system in an undertaking in which all the

conductors and apparatus are electrically connected to a common source
of electromotive force;
"undertaking" means any factory, building operation or work of

engineering construction.
3. These Regulations shall apply to the generation, transformation, Application of

distribution and use of electrical energy in any undertaking. Regulations
4. (1) Nothing in regulations 6 to 8, 11 (a), 12 to 14, 18 to 20, 24 to 29, Exemptions

31, 33 and 34 shall apply-
(a) to any system in which the pressure does not exceed 250 volts
direct current or 125 volts alternating current; or
(b) in any generating station, to any system in which the pressure
between it and earth does not exceed low pressure:
Provided that where, on account of any special circumstances, the

Commissioner is of opinion that the exemption granted by this
sub-regulation should not apply to any particular factory,he may give
written notice to the occupier of such factory that the provisions of this
sub-regulation shall not apply thereto, and the said exemption shall
cease to apply to such factory from such date, not being less than
twenty-eight days from the date of such notice, as the Commissioner
may specify.
(2) Nothing in these Regulations shall apply to any service lines or

apparatus other than apparatus contained in any substation of a public
supply between the output terminals of the supply station and the supply
side of a consumer's terminals, or to any chamber containing such
service lines or apparatus:
Provided that no live metal shall be exposed in such service lines or

apparatus so that it may be touched.
(3) If the person responsible for any undertaking can show, to the
satisfaction of the Commissioner, that with regard to any requirement of
these Regulations the special conditions of the undertaking are such as
adequately prevent danger, that requirement shall be deemed to be
satisfied in respect of such undertaking for so long as such conditions
remain substantially unaltered.
(4) The Commissioner may, by statutory order, direct that any class of
special conditions defined in such order shall be deemed, for the
purposes of all or any of the requirements of these Regulations,
adequately to prevent danger, and the Commissioner may at any time
amend or revoke any such order.
(5) Nothing in these Regulations shall apply to any process or apparatus

used exclusively for electro-chemical or electro-thermal or testing or
research purposes:
Provided that any such process is so worked and any such apparatus is
so constructed and protected and special precautions are taken as may be
necessary to prevent danger.
(6) The Commissioner may, if satisfied that safety is otherwise secured

in a practical manner, by statutory order, exempt from the operation of
all or any of these Regulations, any premises to which any special
regulations as to the generation, transformation, distribution or use of
electrical energy, made under the provisions of any law, apply, and the
Commissioner may at any time amend or revoke any such order.
5. All apparatus and conductors shall be sufficient in size and power Safety of
for the work which they are called upon to do, and be so constructed, installations
installed, protected, worked and maintained as to prevent danger so far
as is reasonably practicable.
6. All conductors shall either be covered with insulating material and Conductors
further efficiently protected where necessary to prevent danger, or they
shall be so placed and safeguarded as to prevent danger so far as is
reasonably practicable.
7. Every switch, switch fuse, circuit-breaker, and insulating link shall Control gear
be-
(a) so constructed, placed or protected as to prevent danger;
(b) so constructed and adjusted as accurately to make and maintain
good contact;
(c) provided with an efficient handle or other means of working
insulated from the system and so arranged that no person can
inadvertently touch live metal;
(d) so constructed or arranged that it cannot accidentally fall or
move into contact when left out of contact.
8. (1) Every switch intended to be used for breaking a circuit and every Switches and
circuit-breaker, and each pole of double-pole or multi-pole switches or circuit-breakers
circuit-breakers, shall be so constructed that it cannot with proper care
be left in partial contact.
(2) Every switch intended to be used for breaking a circuit and every
circuit-breaker shall be so constructed that an arc cannot be accidentally
maintained.
9. (1) Every fuse, and every automatic circuit-breaker used in lieu of Fuses and
such fuse, shall be so constructed and arranged as effectively to interrupt automatic
the current before it so exceeds the working rate as to involve danger. circuit-breakers
(2) Every fuse, and every automatic circuit-breaker used in lieu of such
fuse, shall be of such construction or be so guarded or placed as to
prevent danger from over-heating or from arcing or the scattering of hot
metal or other substance when it comes into operation.
(3) Every fuse shall be either of such construction or so protected by a

switch that the fusible metal may be readily renewed without danger.
10. Every electrical joint and connection shall be of proper Joints and
construction as regards conductivity, insulation, mechanical strength connections
and protection.
11. Such efficient means as may be necessary to prevent danger shall Cutting off
be provided and suitably located- pressure and
(a) for cutting off all pressure from every part of a system; and protection from
excess current
(b) for protecting every part of a system from excess current.
12. Where one of the conductors of a system is connected to earth, no Placing of

single-pole switch, other than a link for testing purposes or a switch for single-pole
use in controlling a generator, shall be placed in such conductor or any switches
branch thereof:
Provided that a switch or automatic or other cutout may be placed in the

connection between the conductor and earth at the generating station for
use in testing or in emergency only.
13. Where one of the main conductors of a system is bare and Earthing of bare
uninsulated, no switch, fuse or circuit-breaker shall be placed in that neutral
conductor or in any conductor connected thereto, and any such conductors
conductor shall be earthed:
Provided that switches, fuses or circuit-breakers may be used to break

the connection with the generators or transformers supplying the power
if the connection of any bare conductor with earth is not thereby broken.
14. Every motor, converter and transformer shall be protected by Means of

efficient means, suitably placed and so connected that all pressure may cutting off
thereby be cut off from the motor, converter or transformer, as the case pressure from
may be, and from all apparatus connected therewith: motors, etc.
Provided that where one point of the system is connected to earth, it

shall not be necessary to disconnect on that side of such system which is
connected to earth.
15. (1) Every electric motor shall be controlled by an efficient switch or Switches for
switches for starting and stopping, so placed as to be easily worked by control of
the person in charge of such motor. electric motors
(2) In every place in which machines are being driven by an electric

motor, there shall be means at hand for either switching off the motor or
stopping the machines if necessary to prevent danger.
16. (1) Every flexible wire for any portable apparatus shall be Portable
connected to the system concerned either by efficient permanent joints apparatus
or connections or by a properly constructed connector.
(2) In all cases where a person handling any portable apparatus or

pendant lamps with switches would be liable to get a shock, through a
conducting floor or conducting work or otherwise, if the metal-work of
such apparatus became live, such metal-work shall be efficiently earthed
and any flexible metallic covering of the conductors shall be itself
efficiently earthed and shall not be the only earth connection for the
metal of the apparatus.
(3) No lampholder shall be in metallic connection with the guard or

other exposed metal-work of a portable lamp.
(4) All portable apparatus and all flexible wire connected thereto shall
be controlled by efficient means suitably located, and capable of cutting
off the pressure thereto, and the metal-work of such apparatus shall be
efficiently earthed independently of any flexible metallic cover of the
conductors, and any such flexible covering shall itself be independently
earthed.
(5) The provisions of this regulation shall not apply in any case where
the apparatus, lamp or wire concerned is connected to a system in which
the pressure is direct current not exceeding 150 volts.
17. The general arrangement of switchboards shall, so far as is General

reasonably practicable, be such that- arrangement of
(a) all parts which may have to be adjusted or handled are readily switchboards
accessible;
(b) the course of every conductor may, where necessary, be readily
traced;
(c) conductors not arranged for connection to the same system are
kept well apart and can, where necessary, be readily distinguished;
(d) all bare conductors are so placed or protected as to prevent
danger from accidental short circuit.
18. (1) Every switchboard having bare conductors normally so exposed Enclosure of
that they may be touched by any person shall, if not located in an area or switchboards
areas set apart for the purposes thereof, be suitably fenced or enclosed.
(2) No person, other than an authorised person or a person acting under

his immediate supervision, shall have access to any switchboard
mentioned in sub-regulation (1).
19. All apparatus appertaining to a switchboard and requiring handling Placing of

shall, so far as is practicable, be so placed or arranged as to be operated switchboard
from the working platform of the switchboard, and all measuring apparatus, etc.
instruments and indicators connected therewith shall, so far as is
practicable, be so placed as to be observed from such platform, and if
any such apparatus is worked or observed from any place other than
such platform, adequate precautions shall be taken to prevent danger.
20. (1) Adequate means of access, free from danger, shall be provided Switchboard
for every switchboard passage-way. working
platforms and
passageways
(2) Where at the working platform of any switchboard or in any
switchboard passage-way there are bare conductors exposed or arranged
to be exposed when live so that they may be touched by any person on
such platform or in such passage-way, there shall be left a clear and
unobstructed passage of ample width and height, with a firm and even
floor, on such platform or in such passage-way.
(3) The following provisions shall apply to all such platforms and
passage-ways as are mentioned in sub-regulation (2), unless the bare
conductors on such platform or in such passage-way, whether overhead
or at the sides thereof, are otherwise adequately protected against danger
by divisions or screens or other suitable means:
(a) any such platform or passage-way constructed for a low pressure

or medium pressure switchboard shall have a clear height of not less
than 2.250 metres, and a clear width, measured from any bare
conductor, of not less than 1 metre;
(b) any such platform or passage-way constructed for a high

pressure or extra high pressure switchboard, other than operating desks
or panels working solely at low pressure, shall have a clear height of not
less than 2.500 metres, and a clear width, measured from any bare
conductor, of not less than 1.250 metres;
(c) bare conductors shall not be exposed on both sides of any such
switchboard passage-way unless either-
(i) the clear width of such passage-way measured between such
bare conductors is not less than 1.250 metres in the case of low or
medium pressure and not less than 2.438 metres in the case of high and
extra high pressure; or
(ii) the conductors on one side of such passage-way are so guarded
that they cannot accidentally be touched.
21. In every switchboard for high pressure or extra high pressure- Switchboards
(a) every high pressure or extra high pressure conductor within for high or extra
reach from the working platform or in any passage-way shall be so high pressure
placed or protected as adequately to prevent danger;
(b) the metal cases of all instruments working at high or extra high
pressure shall either be earthed or completely enclosed with insulating
covers;
(c) all metal handles of high and extra high pressure switches and,
where necessary to prevent danger, all metal gear for working such
switches, shall be earthed;
(d) when any work is done on any such switchboard the switchboard
shall be made dead unless-
(i) the section of the switchboard on which the work is to be done

(hereinafter referred to as the relevant section) is made dead and every
other section which is live is either-
A. so separated from the relevant section by permanent or

removable divisions or screens as not to be a source of danger to persons
working on the relevant section; or
B. in such a position or of such construction as to be as safe as

if so separated as aforesaid; or
(ii) the switchboard itself is so arranged as to secure that work is

done without danger without taking any of the precautions aforesaid.
22. All parts of generators, motors, transformers or other similar Protection of

apparatus which are at high or extra high pressure and which are within high and extra
reach from any position where a person employed in the undertaking high pressure
may require to be, shall, so far as is reasonably practicable, be so apparatus
protected as to prevent danger.
23. Where a high or extra high pressure supply is transformed for use Precautions
at a lower pressure, or energy is transformed up to above low pressure, against
suitable provision shall be made to guard against danger by reason of the accidental
lower pressure system becoming accidentally charged above its normal charging above
pressure by leakage or contact from the higher pressure system. normal working
pressure
24. Where necessary to prevent danger, adequate precautions shall be Precautions

taken either by earthing or by other suitable means to prevent any metal against
other than a conductor from becoming electrically charged. accidental
charging of
metal other than
conductors
25. Adequate precautions shall be taken to prevent any conductor or Precautions
apparatus from being accidentally or inadvertently electrically charged against
when persons are working thereon. accidental
charging of
apparatus
26. Where necessary adequately to prevent danger, insulating stands or Provision of

screens shall be provided and kept permanently in position, and such insulating
stands or screens shall be maintained in sound condition. stands or
screens
27. Portable insulating stands or screens or insulating boots or gloves, Provision and
or other suitable means, shall be provided and used when necessary use of portable
adequately to prevent danger, and any such articles shall be periodically insulating
examined by an authorised person. devices
28. Adequate working space and means of access, free from danger, Safe working
shall be provided for all apparatus that has to be worked or attended to space and
by any person. means of access
29. All those parts of any undertaking in which apparatus is placed Lighting
shall be adequately lighted to prevent danger.
30. All conductors and apparatus exposed to the weather, wet, Protection
corrosion, inflammable surroundings or explosive atmosphere, or used against
in connection with any process or for any special purpose other than for exposure
lighting or power, shall be so constructed or protected, and such special
precautions shall be taken, as may be necessary adequately to prevent
danger in view of such exposure or use.
31. (1) No person other than an authorised person, or a competent Only authorised
person acting under his immediate supervision, shall operate any persons, etc., to
apparatus where technical knowledge or experience is required for such undertake
operation in order adequately to avoid danger, and no person shall work certain work
alone in connection with any system or apparatus in any case where the
Commissioner has directed that he shall not.
(2) No person other than an authorised person, or a competent person

over the apparent age of twenty-one years acting under his immediate
supervision, shall undertake any repair, alteration, extension or cleaning
of any apparatus and no one shall do such work unaccompanied.
(3) Where a contractor is employed in any undertaking, and the danger

to be avoided is under his control, such contractor shall appoint the
authorised person for the purposes of this regulation, but if the danger to
be avoided is under the control of the person responsible for the
undertaking, such person shall appoint such authorised person.
32. Printed instructions as to the proper first-aid treatment of persons Instructions as

suffering from electric shock shall be affixed in a prominent place in all to treatment for
undertakings where electrical energy is generated, transformed or used electric shock
above a pressure of 125 volts alternating current or 250 volts direct
current.
33. (1) Every substation shall be substantially constructed, and shall be Construction,
so arranged that no person can obtain access thereto otherwise than by a etc., of
proper entrance or can interfere with the apparatus or conductors therein substations
from outside.
(2) Every substation shall be provided with efficient means of

ventilation, be kept dry, and made vermin proof as far as practicable.
(3) At the entrance to every substation shall be posted a suitable

warning notice of danger.
34. Every substation shall be under the control of an authorised person, Control of
and none but an authorised person, or a person acting under his substations
immediate supervision, shall enter any part of any substation where
there may be danger.
35. Every underground substation not otherwise easily and safely Means of access
accessible shall be provided with adequate means of access by a door or to substations
trap door, with a staircase or ladder securely fixed and so placed that no
live part of any switchboard or any bare conductor shall be within reach
of a person thereon:
Provided that the means of access to any such substation shall be by a

doorway and staircase-
(i) if any person is regularly employed therein otherwise than for
inspection and cleaning; or
(ii) if the substation is not of ample dimensions and there is therein
either moving machinery, other than ventilating fans, or high or extra
high pressure.
36. Any person guilty of an offence under the provisions of section Penalties
ninety-one of the Act in respect of these Regulations or any lawful
requirement thereunder shall be liable to the penalties prescribed by
section ninety-two of the Act.
Statutory
SECTIONS 74 AND 82-THE FIRST-AID BOXES Instrument
REGULATIONS 251 of 1967
93 of 1974
1. These Regulations may be cited as the First-aid Boxes Regulations, Title and
and shall apply to factories, building operations and works of application
engineering construction.
"adhesive wound dressing" means a dressing which consists of a pad

fixed to a piece of plaster, waterproof or otherwise, as centrally as
possible so as to leave an adequate margin of adhesive surface all round;
"approved", in relation to-
(a) an adhesive wound dressing, means an adhesive wound dressing

packed and kept in accordance with, and of a type prescribed by, these
Regulations;
(b) eye ointment, means eye ointment packed and kept in

accordance with, and of a type prescribed by, these Regulations;
"eye ointment" means the eye ointment referred to as Sulphacetamide

Eye Ointment in the British Pharmacopoeia, 1958, containing not less
than six per centum and not more than ten per centum sulphacetamide
sodium, or sulphacetamide eye ointment of similar strength in a suitable
water miscible base;
"eye-pad" means a pack containing a sterilised pad with a long bandage
attached;
"first-aid box, case or cupboard" means a first-aid box, case or cupboard

required to be kept, maintained or made available in terms of section
sixty-seven of the Act or regulation 83 of the Construction (Safety and
Health) Regulations.
3. (1) Every first-aid box, case or cupboard in any factory or at the site Contents of
of any building operations or works of engineering construction shall first-aid boxes
contain the items specified in relation to such factory, building or cases
operations or work of engineering construction site in the Schedule.
(2) The Commissioner may, in any particular case, vary or add to the
list of items set out in any Part of the Schedule by giving notice thereof
in writing to a factory occupier or manager or an employer of persons
engaged in building operations or works of engineering construction, as
the case may be, and the contents of any first-aid box, case or cupboard
in any such factory or at the site of any such building operations or
works of engineering construction shall thereupon be made to conform
to such variation or addition:
Provided that such variation or addition shall in no way diminish the

effectiveness of such items.
4. All materials for dressings contained in any first-aid box, case or Requirements
cupboard shall be those designated in, and of a grade or quality not as to dressings
lower than the standards specified by, the British Pharmaceutical Codex
or any supplements thereto.
5. (1) Every adhesive wound dressing shall be packed in an individual Dressing

sealed pack marked clearly to indicate the contents and shall be kept in a containers
tin or other suitable dust-proof container.
(2) The pad and margin of adhesive surface of every adhesive wound
dressing shall be protected by muslin or other suitable material for
removal before use.
(3) The pad of every adhesive wound dressing shall be-

(a) a piece of unmedicated absorbent lint or other suitable material;
or
(b) a piece of absorbent lint or other suitable material containing any

one of the following substances of not more than the strength specified:
Boric Acid .. .. .. 5 per centum

Aminacrine Hydrochloride. . .. .. .. 0.1 per centum
Chlorhexidine Hydrochloride .. .. .. 0.1 per centum
Euflavine . . .. .. 0.15 per centum
Domiphen Bromide .. .. .. 0.15 per centum
Bismuth Subgallate .. .. .. 2.5 per centum.
6. (1) All eye ointment shall be packed in sterilised collapsible opaque Eye ointment
tubes in accordance with sub-regulations (2) and (3).
(2) Every tube containing eye ointment shall be fitted with a nozzle and
cap and shall contain four grams of the ointment.
(3) There shall be clearly marked on each such tube-
(a) the words "Sulphacetamide Eye Ointment"; and
(b) the content of sulphacetamide sodium.
(4) The sulphacetamide sodium contained in the eye ointment shall

conform to the standard prescribed in the British Pharmacopoeia, 1958.
(Amended by S.I. No. 93 of 1974)

SCHEDULE
(Regulation 3)
CONTENTS OF FIRST-AID BOXES, CASES OR CUPBOARDS
PART I
FACTORIES IN WHICH THE NUMBER OF PERSONS
EMPLOYED DOES NOT EXCEED TEN OR BUILDING
OPERATIONS OR WORK OF ENGINEERING CONSTRUCTION
SITES WHERE THE NUMBER OF PERSONS EMPLOYED DOES
NOT EXCEED TWENTY-FIVE
1. A sufficient number (not less than six) of small unmedicated

sterilised dressings for injured fingers.
2. A sufficient number (not less than three) of medium-sized
unmedicated sterilised dressings for injured hands or feet.
3. A sufficient number (not less than three) of large unmedicated
sterilised dressings for other injured parts.
4. A sufficient number (not less than twelve) of adhesive wound
dressings of an approved type and of assorted sizes.
5. A sufficient number (not less than two) of suitable triangular
bandages.
6. A sufficient supply of adhesive plaster (at least one spool 25
millimetres ´ 1 metre and one spool 12.500 ´ 5 metres.
7. A sufficient supply of absorbent, preferably sterilised, cotton wool
in 28 grams packets (at least two packets).
8. A rubber bandage, pressure bandage or tourniquet.
9. Safety pins.
10. A one per centum solution of Cetrimide.
11. A sufficient supply of approved Sulphacetamide Eye Ointment in a
container of approved type and size.
12. Two eye pads with bandages.
13. A bottle of sal volatile, already mixed in the proportion of 3.500
millilitres to each 56 millilitres water; marked "Stimulant" and having
dose and mode of administration indicated on the label.
14. A copy of the leaflet giving advice on first-aid treatment issued by
the Department of Labour.
PART II
EMPLOYED EXCEEDS TEN BUT DOES NOT EXCEED FIFTY
1. A sufficient number (not less than twelve) of small unmedicated

sterilised dressings for injured fingers.
2. A sufficient number (not less than six) of medium-sized
3. A sufficient number (not less than six) of large unmedicated
4. A sufficient number (not less than twenty-four) of adhesive wound
5. A sufficient number (not less than four) of suitable triangular
bandages.
6. A sufficient supply of adhesive plaster (at least one spool 25
millimetres ´ 1 metre and one spool 12.500 millimetres ´ 5 metres.
in 28 gram packets (at least three packets).
9. Safety pins.
12. Four eye pads with bandages.
PART III
EMPLOYED EXCEEDS FIFTY OR BUILDING OPERATIONS OR
WORK OF ENGINEERING CONSTRUCTION SITES WHERE THE
NUMBER OF PERSONS EMPLOYED EXCEEDS
TWENTY-FIVE
1. A sufficient number (not less than twenty-four) of small

unmedicated sterilised dressings for injured fingers.
2. A sufficient number (not less than twelve) of medium-sized
3. A sufficient number (not less than twelve) of large unmedicated
4. A sufficient number (not less than thirty-six) of adhesive wound
5. A sufficient number (not less than eight) of suitable triangular
bandages.
6. A sufficient supply of adhesive plaster (at least two spools 25
millimetres ´ 1 metre and two spools 12.500 millimetres ´ 5 metres).
in 28 grams packets (at least six packets).
8. A supply of suitable splints and cotton wool or other material for
padding.
10. Safety pins.
13. Eight eye pads with bandages.
THE WOODWORKING MACHINERY REGULATIONS
Regulation
1. Title
2. Interpretation
3. Application of Regulations
4. Machine control
5. Working space
6. Floors
7. Lighting
8. Circular saws
9. Plain band saws
10. Planing machines
11. Vertical spindle moulding machines
12. Chain mortising machines
13. Maintenance of guards, etc.
14. Alternative guards
15. Training
16. Duty of employees
17. Penalties
Statutory
SECTIONS 74 AND 82-THE WOODWORKING Instrument
MACHINERY REGULATIONS 253 of 1967
94 of 1974
1. These Regulations may be cited as the Woodworking Machinery Title

Regulations.
"circular saw" means a circular saw working in a bench, including a rack

bench, for the purpose of ripping, deep cutting or cross cutting wood,
but does not include a swing or other saw which is moved towards the
wood;
"plain band saw" means a band saw, other than a log saw or band
re-sawing machine, the cutting portion of which runs in a vertical
direction;
"planing machine" includes a machine for overhand planing or for

thicknessing or for both operations;
"undertaking" means any factory, building operations or work of

engineering construction;
"woodworking machine" means a circular saw, plain band saw, planing
machine, vertical spindle moulding machine or chain mortising machine
operating on wood.
3. These Regulations shall apply to woodworking machines in any Application of

undertaking. Regulations
4. Every woodworking machine shall be provided with an efficient Machine

stopping and starting appliance, the controls of which shall be situated in control
such a position as to be readily and conveniently operated by the person
in charge of the machine.
5. Sufficient clear and unobstructed space shall be maintained at every Working space
woodworking machine while such machine is in motion to enable work
to be carried on without unnecessary risk.
6. The floor surrounding every woodworking machine shall be Floors

maintained in good and level condition and, as far as practicable, free
from loose material, and shall not be allowed to become slippery.
7. Sufficient and suitable lighting, whether natural or artificial, shall be Lighting

secured and maintained at every woodworking machine, and any means
of artificial lighting shall be so placed or shaded as to prevent the direct
rays of such lighting from striking the eyes of any person operating such
machine.
8. When any circular saw is in motion- Circular saws

(a) that part of the saw below the bench table shall be protected by
two plates of metal, one on each side of and parallel to the saw and not
more than 150 millimetres apart, which shall extend to a distance of not
less than 50 millimetres beyond the teeth of the saw in every direction;
and
(b) behind, and in a direct line with the saw, there shall be a riving
knife which shall have a smooth surface, shall be strong, rigid and easily
adjustable, and which shall also conform to the following conditions:
(i) the edge of the knife nearer the saw shall form an arc of a circle
having a radius not exceeding the radius of the largest saw used on the
bench;
(ii) the knife shall be maintained as close as practicable to the saw,
having regard to the nature of the work being done at the time, and, at
the level of the bench table, the distance between the front edge of the
knife and the teeth of the saw shall not exceed 12 millimetres;
(iii) for a saw of a diameter of less than twenty-four inches, the knife
shall extend upwards from the bench table to within 25 millimetres of
the top of the saw, and for a saw of a diameter of 610 millimetres or
over, shall extend upwards from the bench table to a height of at least
220 millimetres; and
(c) the top of the saw shall be covered by a strong and easily
adjustable guard, with a flange at the side of the saw farthest from the
fence, which shall extend from the top of the riving knife to a point as
low as practicable at the cutting edge of the saw, and which shall be kept
so adjusted that the said flange shall extend below the roots of the teeth
of the saw; and
(d) where such saw is fed by hand, a suitable push-stick shall be kept
available for use at the bench table to enable the work to be carried on
without unnecessary risk.
9. When any plain band saw is in motion- Plain band saws

(a) the front of the top pulley shall be covered with sheet metal or
other suitable material; and
(b) both sides of the bottom pulley shall be completely encased by
sheet metal or other suitable material;
(c) all portions of the blade, other than that between the bench table
and the top guide, shall be enclosed or otherwise securely guarded.
10. (1) No planing machine which is not mechanically fed shall be used Planing
for overhand planing unless it is fitted with a cylindrical cutter block. machines
(2) Every planing machine used for overhand planing shall be provided
with a bridge guard capable of covering the full length and breadth of
the cutting slot in the bench and so constructed as to be easily adjustable
both in a horizontal and vertical direction.
(3) The feed roller of every planing machine used for thicknessing shall
be provided with an efficient guard.
11. (1) The cutter of every vertical spindle moulding machine shall, Vertical spindle
when practicable, be fitted with a guard which is, having regard to the moulding
nature of the work which is being performed, the most efficient for machines
preventing injury to any person.
(2) Where the work being performed at a vertical spindle moulding

machine cannot be efficiently performed when a guard is fitted to the
cutter, the wood being moulded in such machine shall, if practicable, be
held in a jig or holder of such construction as to reduce as far as possible
the risk of injury to any person.
(3) A suitable spike or push-stick shall be kept available for use at the
bench of every vertical spindle moulding machine.
12. The chain of every chain mortising machine shall be provided with Chain mortising
a guard which shall, as far as is practicable, enclose the cutters of such machines
machine.
13. The guards and appliances required by these Regulations shall be Maintenance of
maintained in an efficient state, and shall, unless the nature of the work guards, etc.
being done at any particular time renders the use of such guards and
appliances impracticable, be kept in position whilst the machinery
concerned is in motion and so adjusted as to enable the work to be
carried on without unnecessary risk.
14. The provisions of these Regulations relating to circular saws, plain Alternative
band saws and planing machines shall not apply in any case where it can guards
be shown to the satisfaction of the Commissioner that other safeguards
are provided and maintained which render the machines equally as safe
as they would be if guarded in the manner prescribed by these
Regulations.
15. No person shall be employed at a woodworking machine unless he Training

has been sufficiently trained to work that type or class of machine, or
unless he works under the adequate supervision of a person who has
been so trained, and every person employed at a woodworking machine
shall be fully instructed as to the dangers which may arise in connection
with such machine and the precautions to be observed in that regard.
16. Any person employed on a woodworking machine shall- Duty of

(a) use and maintain in proper adjustment the guards provided in employees
accordance with the provisions of these Regulations; or
(b) use, in the appropriate case, any appliance so provided; except
when, owing to the nature of the work being done, the use of the guards
or appliances is rendered impracticable.
SECTION 84-THE FACTORIES ACT (APPLICATION Statutory

EXTENSION) ORDER Instrument
Order by the Minister 326 of
1967
89 of 1974
1. This Order may be cited as the Factories Act (Application Title

Extension) Order.
2. The Parts of the Act and the Regulations in the Schedule shall apply Extension to
to all farm premises in which a steam boiler is used in connection with farm premises
agricultural operations, including dairy farming.
SCHEDULE
(Paragraph 2)
EXTENSION TO FARM PREMISES
The Factories Act, Parts VIII and XIV.

The Factories (Prescribed Particulars and Forms) Regulations.
The Plant Inspection and Examination Fees Regulations.
CERTIFICATE OF EXCEPTION BY THE LABOUR

COMMISSIONER
I HEREBY CERTIFY that in accordance with section 61 of the
Factories Act, steam boilers which are used solely for the purposes of
"steaming" tobacco at farm premises shall be excepted from the
following provisions of the Act:
(a) that part of section 54 (5) which requires the construction of
steam boilers to be consistent with a relevant standard specification; and
(b) from the provisions of section 55 (3);
subject to the following conditions:
(i) An excepted steam boiler shall comply with all the
provisions of Part VIII of the Act apart from the specified exceptions.
(ii) An excepted steam boiler and all its fittings and attachments
shall be thoroughly examined by an inspector or other person authorised
by the Commissioner at intervals not exceeding three years and also as
soon as practicable after any extensive repairs.
(iii) An excepted steam boiler shall not be worked at a pressure
exceeding 0.600 bars per 25.4 square millimetres, until it has been
thoroughly examined by an inspector, and the prescribed report
obtained, which includes particulars of the safe working pressure.
(iv) Oil drums or similar vessels shall not be used for generating
steam under pressure greater than atmospheric pressure.
(v) This Certificate of Exception, or any condition, may be
revoked by the Commissioner at any time.
SECTION 105-THE FACTORIES (CLEANLINESS OF Statutory

WALLS AND CEILINGS) REGULATIONS Instrument
Regulations by the Minister 153 of
1967
1. These Regulations may be cited as the Factories (Cleanliness of Title

Walls and Ceilings) Regulations.
"walls and ceilings" means all inside walls and partitions, all ceilings
and tops of rooms, and all walls, sides and tops of passages and
staircases;
"washed" means washed with hot water and soap or other suitable
detergent, or cleaned by such other method as may be approved by an
inspector.
3. For the purposes of subsection (2)(d)(ii) of section nineteen of the Manner of

Act, the manner of painting and of repainting walls and ceilings shall be painting and
the application of a suitable paint in such manner as to produce over the repainting
whole of the treated surface a compact continuous film capable of being
washed.
4. For the purposes of subsection (2)(d)(ii) of section nineteen of the Intervals for
Act, walls and ceilings- repainting or
(a) which are painted shall be repainted at intervals not exceeding revarnishing
seven years; walls and
ceilings
(b) which are varnished shall be revarnished at intervals not
exceeding seven years:
Provided that the whole part of the surface of walls and ceilings shall be
repainted or revarnished, as the case may be, as often as may be
necessary to maintain over the whole surface a compact continuous film
capable of being washed.
SECTION 105-THE FACTORIES (FIRST-AID) Statutory

(PRESCRIBED STANDARD OF TRAINING) Instrument
REGULATIONS 152 of
Regulations by the Minister 1967
1. These Regulations may be cited as the Factories (First-aid) Title

(Prescribed Standard of Training) Regulations.
2. For the purposes of subsections (4) and (6) of section sixty-seven Standard of
of the Act, a person shall be deemed not to be trained in first-aid training in
treatment unless- first-aid-treatment
(a) he is a fully registered nurse, registered in accordance with the Cap. 300
provisions of the Nurses and Midwives Act; or Cap. 297
(b) he is a fully registered medical assistant registered in

accordance with the provisions of the Medical and Allied Professions
Act; or
(c) he is a nurse trained to a standard laid down by the Department
of Health and his name is duly entered upon a roll kept at that
Department; or
(d) he is the holder of a certificate in first-aid issued within the
immediately preceding period of three years by, or is otherwise
recognised as being trained in first-aid treatment by, a first-aid
training organisation specified in the Schedule.
3. In factories where the persons in charge of the first-aid boxes or General register
cupboards are required under subsection (4) of section sixty-seven of the
Act to be persons trained in first-aid treatment, the following particulars
shall be entered in or attached to the general register in respect of every
such person:
(a) his name;
(b) the nature and date of his qualification as a person trained in
first-aid treatment; and
(c) the date on which evidence of his being so trained was inspected
by the occupier.
SCHEDULE
(Regulation 2)
FIRST-AID TRAINING ORGANISATIONS
The Council of St. John in Zambia.

Zambia Red Cross Society.
THE FACTORIES (PRESCRIBED PARTICULARS AND

FORMS) REGULATIONS
Regulation
1. Title
2. Interpretation
3. Certificate of appointment of inspector
4. Register of factories
5. Registration of existing factories
6. Registration of new factories
7. Drawings of factories
8. "Machinery attendants" certificate
9. Report of result of examination of hoist or lift
10. Register of chains, ropes and lifting tackle and lifting machines
11. Report of result of examination of steam boiler
12. Boiler book
13. Report of result of examination of steam receiver
14. Report of result of examination of air receiver
15. Notification of factory accident
16. Notification of dangerous occurrence
17. Notification of industrial disease
18. Abstract of Act to be kept posted in factory
19. General register
SCHEDULE-Prescribed particulars and forms
Statutory
SECTION 105-THE FACTORIES (PRESCRIBED Instrument
PARTICULARS AND FORMS) REGULATIONS 154 of 1967
92 of 1974
1. These Regulations may be cited as the Factories (Prescribed Title

Particulars and Forms) Regulations.
2. Unless the context otherwise requires, expressions used in these Interpretation

Regulations shall have the same respective meanings as in the Act.
3. A certificate of appointment of an inspector furnished under Certificate of

subsection (2) of section six of the Act shall be in the form and shall appointment of
contain the particulars specified in Part I of the Schedule. inspector
4. The register of factories maintained by the Commissioner in Register of

accordance with the requirements of section eleven of the Act shall factories
contain the particulars specified in Part II of the Schedule.
5. The written application for a certificate of registration required by Registration of
subsection (1) of section twelve of the Act to be made to the existing
Commissioner by every person who on the commencement of the Act factories
occupies a factory shall contain the particulars specified in Part II of the
Schedule.
6. The written application for a certificate of registration required by Registration of

subsection (2) of section thirteen of the Act to be made to the new factories
Commissioner by any person who intends to occupy or use as a factory
any premises which were not so occupied or used on the commencement
of the Act shall contain the particulars specified in Part II of the
Schedule.
7. The written application required by subsection (2) of section fifteen Drawings of

of the Act to be made to the Commissioner for approval of drawings factories
relating to the erection or conversion or extension of a factory shall
contain the particulars specified in Part III of the Schedule.
8. The certificate of appointment required to be furnished by an "Machinery

occupier under subsection (2) (a) (ii) of section thirty of the Act (which attendants"
provides that no person shall lubricate, examine or adjust any unfenced certificate
dangerous part of machinery or lubricate transmission machinery or
mount or ship any belt that is in motion unless, in addition to the other
precautions or conditions specified in the aforesaid section, he is
appointed by the occupier by prescribed certificate attached to the
general register to carry out such examination, lubrication, adjustment
or other operation and he has been furnished by the occupier with a
signed copy of such certificate) shall be in the form set out in Part IV of
the Schedule.
9. A report of the result of every examination of a hoist or lift made Report of result
under subsection (2) of section forty-seven of the Act shall be in the of examination
form set out in Part V of the Schedule and shall contain the particulars of hoist or lift
therein specified.
10. The register kept for the purposes of section fifty-three of the Act in Register of
respect of all chains, ropes or lifting tackle (except fibre rope slings) to chains, ropes
which section fifty-one of the Act applies and in respect of all lifting and lifting
machines to which section fifty-two of the Act applies shall contain the tackle and
particulars specified in Part VI of the Schedule. lifting machines
11. A report of the result of every examination of a steam boiler under Report of result
subsection (7) of section fifty-five of the Act shall be in the form set out of examination
in Part VII of the Schedule and shall contain the particulars therein of steam boiler
specified.
12. The boiler book kept for the purposes of subsection (11) of section Boiler book
fifty-five of the Act shall be in the form set out in Part VIII of the
Schedule and shall contain the particulars therein specified.
13. A report of the result of every examination of a steam receiver Report of result
under subsection (7) of section fifty-seven of the Act shall be in the form of examination
set out in Part IX of the Schedule and shall contain the particulars of steam
therein specified. receiver
14. A report of the result of every examination of an air receiver under Report of result
subsection (6) of section fifty-eight of the Act shall be in the form set out of examination
in Part IX of the Schedule and shall contain the particulars therein of air receiver
specified.
15. Written notice of an accident in a factory given under section Notification of

seventy-six of the Act shall be in the form set out in Part X of the factory accident
16. Written notice of a dangerous occurrence in a factory given under Notification of

section seventy-seven of the Act shall be in the form set out in Part X of dangerous
the Schedule and shall contain the particulars therein specified. occurrence
17. Written notice of any case of industrial disease given under section Notification of
seventy-eight of the Act shall be in the form set out in Part XI of the industrial
Schedule and shall contain the particulars therein specified. disease
18. The abstract of the Act required by section eighty-five of the Act to Abstract of Act
be kept posted in a prominent position in every factory shall be in the to be kept
form set out in Part XII of the Schedule. posted in
factory
19. The general register required by section eighty-six to be kept in General register
respect of every factory shall be in the form set out in Part XIII of the
SCHEDULE
PRESCRIBED PARTICULARS AND FORMS
PART I
(Regulation 3)
REPUBLIC OF ZAMBIA, DEPARTMENT OF LABOUR
IDENTITY CERTIFICATE
No.
This is to certify that ................................
................................................................. PHOTOGRAPH
who is a .................................................. OF DATE
................................................................. HOLDER STAMP
is an officer in the Department of
Labour.
............................................
Labour Commissioner
.........................................
Signature of Holder
This card must be handed in on
leaving the Department.
PART II
(Regulations 4, 5 and 6)
PARTICULARS OF A FACTORY WHICH ARE-
TO BE ENTERED IN A REGISTER OF FACTORIES MAINTAINED

BY THE LABOUR COMMISSIONER; OR
TO BE SUBMITTED TO THE LABOUR COMMISSIONER BY THE
OCCUPIER OF AN EXISTING FACTORY IN AN APPLICATION
FOR REGISTRATION WITHIN THREE MONTHS OF THE
COMMENCEMENT OF THE ACT; OR
TO BE SUBMITTED TO THE LABOUR COMMISSIONER BY THE
INTENDING OCCUPIER OF A NEW FACTORY IN AN
APPLICATION FOR REGISTRATION OF THE PREMISES
BEFORE THEY ARE OCCUPIED OR USED AS A FACTORY:
1. Name of the occupier, or intending occupier of the factory
(including trading name-if any).
2. Postal address and situation (i.e. number in and name of street, road,
etc., or plot number) of the factory.
3. Nature of the work carried on, or proposed to be carried on, in the
factory.
4. Whether mechanical power is used or intended to be used and, if so,
its nature.
5. Whether steam boilers are used or intended to be used and, if so, the
following particulars in respect of each such boiler:
(a) type, description and distinctive number;
(b) country and year of manufacture;
(c) date of last thorough examination and name of person by whom
the examination was made;
(d) the maximum permissible working pressure in bars.
6. (a) Total number of persons employed, or intended to be employed,
in the factory.
(b) Where persons are employed, or intended to be employed, in
shifts, the maximum number employed, or intended to be employed, at
any one time.
PART III
(Regulation 7)
PARTICULARS TO BE SUPPLIED WITH, OR TO BE SHOWN ON,

DRAWINGS
(i.e. PLANS AND SECTIONS) OF-
(1) NEW FACTORY BUILDINGS;

(2) CONVERSION OF EXISTING BUILDINGS FOR USE AS A
FACTORY; AND
(3) EXTENSIONS OF EXISTING FACTORY BUILDINGS.
1. Materials to be used in the building;
2. Materials to be used in the roofing;
3. Provision for ventilation;
4. Provision for drainage;
5. Provision for natural and artificial lighting;
6. Provision of means of escape in case of fire; and
7. The particulars specified in Part II of this Schedule.
PART IV
K(Regulation 8)
Labour Form F/17
Certificate No. .................
REPUBLIC OF ZAMBIA
THE FACTORIES ACT
(Section 30)
THE FACTORIES (PRESCRIBED PARTICULARS AND FORMS) REGULATIONS
(Regulation 8)
CERTIFICATE OF APPOINTMENT AS A MACHINERY ATTENDANT
.is hereby appointed a "machinery attendant"

and authorised to carry out examinations or other operations at unfenced machinery in
accordance with the provisions of section 30 of the Factories Act.
Signature of Factory Occupier or Agent
Date
Name and postal address of Occupier
Address of Factory
PART V
(Regulation 9)
Labour Form F/18
Report No. ................
REPUBLIC OF ZAMBIA
THE FACTORIES ACT
(Section 47 (2))
(Regulation 9)
FORM PRESCRIBED FOR THE
REPORT OF THOROUGH EXAMINATION OF HOIST OR LIFT AT INTERVALS

NOT EXCEEDING SIX MONTHS
(See Note on Legal Requirements and space for continuation of entries overleaf.)
1. Name and postal address of occupier
2. Address of factory or other premises where hoist or lift is situated
3. (a) Type of hoist or lift and identification number or description

(b) Date of construction or reconstruction (if available)
4. DESIGN AND CONSTRUCTION.

Are all parts of the hoist or lift of good mechanical construction, sound material and
adequate strength (so far as ascertainable)?
NOTE.-Details of any renewals or alterations required should be given in 7 below.
5. MAINTENANCE.
Are the following parts of the hoist or lift properly maintained and in good working
order? If not, state what defects have been found. A separate answer is required for each
part.
(a) Enclosure of hoistway or liftway
(b) Landing gates and cage gate(s)
(c) Interlocks on the landing gates and cage gate(s)
(d) Other gate fastenings
(e) Cage or platform and fittings, cage guides, buffers, and interior of the hoistway or
liftway
(f) Over-running devices

(g) Suspension ropes or chains, and their attachments
(h) Safety gear, i.e. arrangements for preventing fall of platform or cage
(i) Brakes
(j) Worm or spur gearing
(k) Other electrical equipment
(l) Other parts
6. What parts (if any) were inaccessible?
7. Repairs, renewals or alterations required to enable the hoist or lift to continue to be

used with safety-
(a) immediately;
(b) within a specified time, the said time to be stated
(Continue entry overleaf if necessary)
NOTE.-If no such repairs, renewals or alterations are required the word "NONE" is
to be entered.
8. Defects (other than those specified at 7 above) which require attention (Continue entry
overleaf if necessary)
9. Maximum safe working load subject to repairs, renewals or alterations (if any)
specified at 7
10. Other observations (Continue entry overleaf if necessary)
I/We (full name(s) in BLOCK CAPITALS)

certify that on I/we thoroughly examined
this hoist or lift and that the foregoing is a correct report of the result.
Signature(s) Date .............................................
Qualifications
Address(es)
If employed by a Company, Firm or Association give your position in the Company, etc.,
and their name and address
NOTE-This report is to be attached to the general register.

PART VI
(Regulation 10)
REGISTER OF CHAINS, ROPES AND LIFTING TACKLE, AND

LIFTING MACHINES
1. Name of the occupier of the factory.

2. Postal address and situation (i.e. number in and name of street,
road, etc., or plot number) of the factory.
3. Distinguishing number or mark and description sufficient to identify
the chain, rope or lifting tackle, or the lifting machine.
4. Date (if after 1-5-67) when the chain, rope or lifting tackle, or the
lifting machine, was first taken into use in the factory.
5. Date and number of the report of each thorough examination of a
chain, rope or lifting tackle made under section 51 (1) (d) of the Act at
least once in every period of six months, and the name, signature and
address of the person by whom it was carried out.
6. Date and number of the report of each thorough examination of all
parts and working gear whether fixed or movable, including the
anchoring and fixing appliance, of a lifting machine made under section
52 (2) of the Act at least once in every period of fourteen months, and
the name, signature and address of the person by whom it was carried
out.
7. Particulars of any defect found at any examination specified in 5
and 6 above and affecting the safe working load, and of the steps taken
to remedy such defect.
examination made under section 51 (1) (e) of the Act of a chain, rope or
lifting tackle (except a fibre rope or fibre rope sling) before being taken
into use, and the name, signature and address of the person who issued
the certificate.
examination made under section 52 (6) of a lifting machine and its
working gear before being taken into use, and the name, signature and
address of the person who issued the certificate.
10. Date of annealing or other heat treatment of wrought iron chains or
lifting tackle required by an inspector under section 51 (3) of the Act.
PART VII
(Regulation 11)
Labour Form F/1
In all correspondence
please quote this
REPUBLIC OF ZAMBIA
THE FACTORIES ACT
(Section 55)
THE FACTORIES (PLANT INSPECTION AND EXAMINATION FEES)

REGULATIONS
(Regulation 11)
FORM PRESCRIBED FOR REPORT OF EXAMINATION OF STEAM BOILER,

SUPERHEATER OR ECONOMISER WHEN COLD
A fee of ................................................................. is due in respect of this examination.
1. Name of occupier . . .. ..
2. Address of factory where boiler,
superheater
or economiser is situated . . ..
3. Description and distinctive number of 4. Country and year
boiler, superheater of
or economiser .. .. manufacture
5. Fittings and attachments: (a) 6. Heating surface or
(a) Are there proper fittings and grate
attachments? . . .. .. area
(b) Are all fittings and attachments in in (b) 7. Date of last
satisfactory hydraulic
condition (as far a ascertainable when test (if any) and
not under pressure applied
pressure)? .. .. ..
..
8. Boiler, superheater or economiser:
(a) What examinations and tests were (a)
made? . . .. .. ..
(b) Condition of boiler, superheater or (b) External:
economiser
.. .. .. (c) Internal:
(c) What parts were inaccessible at this
examination? . . .. ..
9. Repairs (if any) required, and period
within which they
should be executed, and other conditions
which the
authorised inspector thinks it necessary
to specify for
securing safe working ..
.. ..
10. Other observations .. ..
..
11. Maximum permissible working pressure calculated from

dimensions and
other data ascertained by the present examination, due
allowance being
made for conditions of working if unusual or exceptionally
severe (a)
Where repairs affecting the working pressure are
required, state the (b)
maximum permissible working pressure:
(c)
(a) Before the expiration of the period specified in 9. . ..
(b) After the expiration of such period if the required repairs
have not
been completed .. .. .. .. .. ..
(c) After the completion of the required repairs .. ..
I (full name in BLOCK CAPITALS) hereby declare that

I am a duly authorised Inspector and that, subject to the reservation (noted above) of certain
points for examination under steam pressure, on 19 ....... the boiler above described
was sufficiently
scaled, prepared and (so far as its construction permits) made accessible for thorough
examination and for such tests as were necessary for thorough examination, and that on the
said date I thoroughly examined this boiler, including its fittings and attachments.
I certify that the above is a true report of the result.
.............................................................................
Signature of Authorised
Inspector
Date ....................................................................................
Address .........................................................................
INVOICE
Dr. to: THE GOVERNMENT OF THE REPUBLIC OF ZAMBIA

Name:
Address:
Cheques or Postal Orders CROSSED "ACCOUNT PAYEE
ONLY" for the amount indicated below made payable to the
GOVERNMENT OF THE REPUBLIC OF ZAMBIA should be
forwarded to the PERMANENT SECRETARY, MINISTRY
OF LABOUR, P.O. Box, LUSAKA.
This invoice must accompany your remittance.
K
Basic fee... . .. .. .. .. .. .. ..
Additional fee for hydraulic test .. .. .. .. .. ..
Additional fee for mileage, i.e., vessel not within 10 kilometres of prescribed boundaries
..
Additional fee in respect of waiting time, i.e. ............. hours at 60 fee units per hour or part
thereof as vessel was not prepared at appointed time . . .. .. ..
________
TOTAL AMOUNT DUE .. ..
________
General Receipt Number .............................................. dated ....................... 19 .........
attached.
NOTE FOR OFFICIAL INFORMATION OF
ACCOUNTANT ONLY:
(i) The General Receipt Number must be quoted.
(ii) The Invoice must be returned with Original
General Receipt to the
Addressee.
(As amended by S.I. No. 92 of 1974 and Act No. 13 of 1994)
PART VIII
(Regulation 12)
BOILER BOOK
Date Date Dates Dates and Details of Signature

commenced
steaming discontinued cleaned nature of alterations of person
steaming examinations or repairs in charge
of plant
PART IX

Labour Form F/2
In all correspondence
please quote this
REPUBLIC OF ZAMBIA
THE FACTORIES ACT
(Sections 57 and 58)
THE FACTORIES (PLANT INSPECTION AND EXAMINATION FEES)

REGULATIONS
FORM PRESCRIBED FOR THE REPORT OF EXAMINATION OF STEAM

RECEIVER OR AIR RECEIVER
A fee of ....................................................... is due in respect of this examination.

1. Name of occupier . . .. .. .. ..
2. Address of factory where receiver is situate d
.. ..
3. Description and distinctive number of receiver and type
..
4. Country and year of manufacture . . .. ..
..
5. Date of last hydraulic test (if any) and pressure applied
6. Maximum pressure of steam/air at source of supply to
receiver
7. Receiver:
(a) What parts (if any) were inaccessible? . . .. (a)
..
(b) What examinations and tests were made?.. .. (b)
.. (c) External:
(c) Condition of receiver (state any defects materially
affecting the maximum permissible working pressure Internal:
or the safe working of the receiver). .. . .. ..
8. Fittings: Is the receiver so constructed as to withstand with safety

the maximum
pressure of steam/air at source of supply? If not, are the required fittings
and appliances provided in accordance with the Act? Are all fittings
and appliances properly maintained and in good condition?. .. . ..
..
9. Repairs (if any) required, and period

within which
they should be executed, and any other
conditions which the authorised inspector
thinks it necessary to specify for securing
safe working .. .. ..
10. Maximum permissible pressure calculated from dimensions and other data
ascertained by the
present examination, due allowance being made for conditions of working if
unusual or
exceptionally severe ..
Where repairs affecting the working pressure are required, state the (a)
maximum permissible working
pressure: (b)
(a) Before the expiration of the period specified in 9. . .. .. .. (c)
(b) After the expiration of such period if the required repairs have not been
completed ..
(c) After the completion of the required repairs .. .. .. ..
..
11.Other observations. . .. .. .. .. .. .. ..
I (full name in BLOCK CAPITALS) hereby declare that I am a

duly authorised Inspector for the purposes of section 7 of the Factories Act and that, subject
to the reservation (noted above) of certain points for examination under steam/air pressure,
on 19 .......
I thoroughly examined, so far as the construction of the receiver permits, the steam/air
receiver above described.
I certify that the above is a true report of the result.
..............................................................................
Signature of Authorised Inspector
Date ................................................................................ Address ..........................................................................
INVOICE
Dr. to: THE GOVERNMENT OF THE REPUBLIC OF ZAMBIA

Name:
Address:
Cheques or Postal Orders CROSSED "ACCOUNT PAYEE
ONLY" for the amount indicated below made payable to the
GOVERNMENT OF THE REPUBLIC OF ZAMBIA should be
forwarded to the PERMANENT Secretary, Ministry of Labour,
P.O. Box, Lusaka
This Invoice must accompany your Remittance
K
Basic fee . . .. .. .. .. .. .. ..
Additional fee for hydraulic test .. .. .. .. .. ..
Additional fee for mileage, i.e., vessel not within 10 kilometres of prescribed boundaries
..
Additional fee in respect of waiting time, i.e. ..................... hours at 60 fee units per hour or
part thereof as vessel was not prepared at appointed time .. .. ..
________
TOTAL AMOUNT DUE .. ..
________
General Receipt Number .................................... dated .................................... 19 .......
attached.
NOTE FOR OFFICIAL INFORMATION OF
ACCOUNTANT ONLY:
(i) The General Receipt Number must be

quoted.
(ii) The Invoice must be returned with

Original General
Receipt to the Addressee.

PART X

Labour Form F/6
REPUBLIC OF ZAMBIA
THE FACTORIES ACT
(Sections 76 and 77)
PRESCRIBED FORM OF WRITTEN NOTICE OF ACCIDENT OR DANGEROUS

OCCURRENCE IN A FACTORY
FOR OFFICIAL
USE
District and date
of receipt.
NOTE.-For accidents occurring on building operations or works of engineering M.R. GROUP
construction use Labour Form F/10. Ref. to
1. OCCUPIER OR EMPLOYER 1. Serial No
(a) Name of occupier of premises
2. M.W.B.G
(b) Actual employer of injured person if other than above:
Name 3. Age Group
Address
4. F.N.F.D.O.
2. PREMISES 4. (a)
Situation and postal address of works where accident or dangerous
occurrence 4. (b)
happened:
5. Process
3. INDUSTRY 6. S.I.C
Nature of industry
7. (a) Causation
4. EXACT PLACE 7. (b)

Exact place in the works where the accident or dangerous occurrence
happened 7. (c)
5. INJURED PERSON 7. (d)

(a) Injured person's full names
7. (e)
(b) National Registration Number
(c) Address 7. (f)
(d) Age ................. (e) Sex ............... (f) Occupation
7. (g)
(g) Hour at which person started work on day of accident
7. (h)
6. ACCIDENT OR DANGEROUS OCCURRENCE, DETAILS 7. (j)

(a) Date ..................................... (b) Time
7. (k)
(c) Full details of how accident or dangerous occurrence happened and what
injured person was doing at the time. If a fall of a person, materials, etc., state 7. (l)
height of fall (if necessary continue overleaf)
8. Occupation
9. Injury
Nature I Site
10.
11.
12.
13.
(d) If due to machinery, state-

(i) Name and type of machine and name of part causing accident
(ii) Whether in motion by mechanical power at the time
(iii) If caused by crane or other lifting machine, and specify type

7. NATURE AND EXTENT OF INJURIES
Details (e.g. fractured left leg, scalded right arm followed by sepsis, etc.)
8. RESULT OF ACCIDENT
(a) Did accident result in death?
(b) If not fatal, was injured person disabled for more than three days from* earning full wages
at the work at which he was employed?
*NOTE.-Even if injured person has been paid full wages while off work, or while working
on a lighter job than his usual work, he has not earned those full wages and the accident should be
reported on the fourth day after its occurrence.
9. Has accident (or dangerous occurrence) been entered in the-
General Register?
Signature of Occupier, Employer or Agent.................................
Date ........................................................
PART XI
(Regulation 17)
Labour Form F/9
REPUBLIC OF ZAMBIA
THE FACTORIES ACT
(Section 78)
FORM OF REPORT ON INDUSTRIAL DISEASE TO BE SENT BY OCCUPIER OF

FACTORY TO AN INSPECTOR OF FACTORIES
1. Name of occupier
2. Situation and postal address of factory
3. Nature of industry
4. Nature of disease
5. Particulars of person:
(a) Full names
(b) National Registration Number
(c) Address
(d) Age .......................... (e) Sex.................... (f) Occupation
6. Nature of person's employment at time disease was contracted
7. By whom diagnosed and on what date
Date................................................................
Signature .................................................................................................
PART XII
(Regulation 18)
Labour Form F/30
REPUBLIC OF ZAMBIA
THE FACTORIES ACT
(Section 85)
ABSTRACT OF THE ACT IN FORM PRESCRIBED BY THE

MINISTER
(To be kept posted in a prominent position in every factory)

INSPECTOR OF FACTORIES
(To whom communications relative to the Act should be addressed)
Address
Telephone
LABOUR OFFICER
Address
.Telephone
Name of Occupier
Postal Address
HEALTH
1. Cleanliness. Every factory must be kept clean. In particular,
accumulations of dirt and refuse must be removed daily from floors and
benches; the floor of every workroom must be cleaned at least once a
week and, where wet processes are carried on, adequate means for
draining the floor must be provided. All inside walls, partitions and
ceilings must-(i) if they have a smooth impervious surface, be washed
with hot water and soap or cleaned by other approved method every 14
months, or (ii) if kept painted in a prescribed manner or varnished, be
repainted or revarnished at least once every 7 years and washed with hot
water, etc., every 14 months, or (iii) in other cases, be whitewashed or
colourwashed every 14 months (Section 19). The prescribed particulars
must be entered in the General Register (Sections 19 and 86).
2. Overcrowding. A factory must not be overcrowded. There must be
in each workroom at least 12 cubic metres of space for every person
employed, not counting space more than 4 metres from the floor.
3. Every workroom must not be less than 3.048 metres in height,
measured from the floor to the lowest point of the ceiling or, where there
is no ceiling, to the lowest point of the roofing material (Section 20).
4. Ventilation. Adequate ventilation of workrooms must be secured
by the circulation of fresh air. All practicable measures must be taken to
protect workers against inhalation of dust, fumes or other impurities
likely to be injurious or offensive, and local exhaust ventilation must be
provided and maintained where practicable (Sections 21 and 69).
5. Lighting. There must be sufficient and suitable lighting in every
part of the factory in which persons are working or passing (Section 22).
6. Sanitary Conveniences. Sufficient and suitable sanitary
conveniences, separate for each sex, must be provided. The
conveniences must be maintained and kept clean and effective provision
must be made for lighting them (Section 23).
7. Meals in Certain Dangerous Trades. A person must not partake of
food or drink in workrooms where any poisonous substance is so used as
to give rise to dust or fume (Section 70).
8. Protective Clothing, Appliances and Screening. Suitable
protective clothing and appliances including, where necessary, suitable
gloves, footwear, goggles and head coverings, must be provided and
maintained for the use of workers employed in any process involving
excessive exposure to heat, cold or wet or to any poisonous or other
injurious or offensive substance.
9. Suitable goggles or effective screens must be provided to protect the
eyes of persons employed in any process likely to entail injury to the
eyes and screening or other effective provision must be made to protect
the eyes of any person exposed to electric arc welding flash (Section
71).
10. Lifting Excessive Weights. No one must be employed to lift, carry
or move any load so heavy as to be likely to cause injury (Section 72).
11. Notification of Industrial Diseases. Cases of poisoning by lead,
phosphorus, arsenic, mercury, carbon bisulphide, manganese, cyanide
or aniline; chronic poisoning by benzene; compressed air illness;
anthrax; toxic jaundice due to tetrachlorethane or nitro- or amido-
derivatives of benzene or other poisonous substance; toxic anaemia,
epitheliomatus ulceration, and chrome ulceration must forthwith be
reported to an Inspector of Factories and entered in the General Register
(Section 78).
SAFETY
12. Fencing. Every part of the transmission machinery and every
dangerous part of other machinery, and all parts of electric generators,
motors, rotary converters, and flywheels directly connected to them,
must be securely fenced unless in such a position or of such construction
as to be as safe to every person employed or working on the premises as
if securely fenced; and any part of a stock-bar which projects beyond the
head-stock of a lathe must be securely fenced unless it is in such a
position as to be as safe to every such person as if securely fenced. A
male person over 18 may, however, approach unfenced machinery in
motion in certain strictly limited contingencies and subject to the strict
conditions specified in the Act (Sections 27 to 30).
13. Moving parts of other prime movers, and flywheels directly
connected to them, and the head and tail race of a water wheel or water
turbine, must be securely fenced irrespective of their position (Section
27).
14. Fixed vessels, pits, etc., containing scalding, corrosive or
poisonous liquids, or any molten metal must, unless the edge is 1 metre
above the adjoining ground or platform, be securely fenced to at least
that height or be securely covered; where this is impracticable, other
precautions, so far as practicable, must be taken. Where any such vessel
is not securely covered, no ladder, stair or gangway may be placed
above, across or inside it which is not at least 500 millimetres wide and
securely fenced to a height of at least 1 metre and securely fixed. Where
any such vessels adjoin each other, and the space between them is either
less than 500 millimetres or is not securely fenced to at least 1 metre,
barriers must be placed so as to prevent passage between them. Every
vessel, pit, etc., must have a clear warning notice bearing in red letters in
English and in at least one vernacular language commonly used by the
employees, the word "DANGER" (Section 33).
15. All fencing must be of substantial construction and be maintained
in an efficient state (Section 31).
16. Further Requirements in Connection with Transmission
Machinery. Devices or appliances for promptly cutting off the power
from the transmission machinery must be provided in every room or
place where work is carried on. Every power-driven machine must be
provided with an efficient starting and stopping appliance, the control of
which must be readily accessible to the person operating the machine.
Efficient mechanical appliances must be provided to move driving belts
to and from fast and loose pulleys. Driving belts must not rest or ride on
revolving shafts when the belt is not in use (Section 28).
17. New Machines. New power-driven machines must not be sold, let
on hire, or used unless certain parts are effectively guarded (Section 32).
18. Self-acting Machines. Precautions are required to ensure that
persons are not trapped between moving parts of a self-acting machine
and any separate fixed structure or between moving and stationary parts
of the machine (Section 34).
19. Training and Supervision of Inexperienced Workers. A person
must not work at any dangerous machine or in any dangerous process
unless-(i) he has been fully instructed as to the dangers and precautions,
and (ii) he has received sufficient training in the work or is under
adequate supervision (Section 35).
20. Construction of Floors, Stairs, etc. Floors, steps, stairs, passages
and gangways must be soundly constructed, properly maintained and, so
far as is reasonably practicable, kept free from obstruction and any
substance likely to cause persons to slip. Handrails must be provided for
stairs. All ladders must be soundly constructed and properly maintained
and be properly secured to prevent slipping, have effective anti-skid
devices, or be firmly held by a person stationed at the foot. Openings in
floors shall, wherever practicable, be securely fenced (Section 36).
21. Safe Means of Access and Place of Work. So far as is reasonably
practicable- (i) there must be provided safe means of access to every
place at which any person has at any time to work, (ii) every such place
must be made and kept safe for anyone working there, (iii) fencing or
other means must be provided to ensure the safety of any person who is
to work at a place from which he would be liable to fall more than 2
metres and which does not afford secure foothold and, where necessary,
secure handhold (Section 37).
22. Precautions Against Gassing or Lack of Oxygen. Special
precautions are laid down for work in confined spaces where men are
liable to be overcome by dangerous fumes or by lack of oxygen in the air
(Section 38).
23. Explosion or Fire of Inflammable Dust or Gas. Precautions
against explosion or fire are laid down for certain processes and for
welding or soldering of (or other operations involving the application of
heat to) containers which hold or have held any explosive or
inflammable substance (Section 39).
24. Fire. Appropriate means for fighting fire must be provided and
maintained and kept readily available in every factory irrespective of the
number of persons employed. Persons trained in the correct use of such
means must be present while work is going on in the factory. All highly
inflammable substances must be stored in a fire-resisting store or in a
safe place outside any occupied building. No fire, flame, smoking or
other agency likely to ignite volatile inflammable substances is to be
permitted where it may ignite such substances.
25. Adequate means of escape in case of fire must be provided in every
factory. The contents of workrooms must be so arranged that there is a
free passageway to the means of escape. While any person is in any
factory for the purpose of employment or meals, doors must not be so
locked or fastened that they cannot be easily and immediately opened
from the inside. Any door which opens on to a staircase or corridor from
any room in which more than 10 persons are employed must open
outwards unless it is a sliding door. Exit doors at the foot of staircases
must open outwards unless they are sliding doors. Adequate landings
must be provided at doors giving access to stairways. All fire exits must
be distinctively and conspicuously marked by a notice printed in red
letters of adequate size. Hoistways and liftways inside buildings
constructed after the 1st May, 1967, must be completely enclosed with
fire-resisting materials and the means of access to them must be fitted
with fire-resisting doors except that the top of unvented hoistways and
liftways must be enclosed by material easily broken by fire.
26. Where more than 20 persons are employed in the same building
effective fire alarms must be provided and maintained. Effective alarms
must also be provided where explosive or highly inflammable materials
are stored or used even if less than 20 persons are employed in the
building. Alarms must be tested and examined every three months and a
report entered in or attached to the General Register (Section 86). In
factories employing more than 20 workers in the same building above
the first floor or more than 6 metres above ground level, effective steps
must be taken to ensure that all workers are familiar with the means of
escape and their use and the routine to be followed in case of fire. These
precautions must also be taken where explosive or highly inflammable
materials are stored or used even if less than 20 persons are employed in
the building (Sections 40 to 45).
27. Hoists or Lifts. Every hoist or lift must be of good mechanical
construction, sound material and adequate strength and must be properly
maintained. It must be thoroughly examined every six months by a
competent person whose report must be entered in or attached to the
General Register.
28. Every hoistway or liftway must be efficiently protected by a
substantial enclosure and landing gates with efficient interlocking or
other devices. The safe working load must be marked conspicuously on
each hoist. Additional safeguards (e.g. devices to prevent over-running,
interlocking gates for cages and devices to support the platform or cage
if hoisting ropes or attachments should break) must be provided on
hoists or lifts used for carrying persons, whether with goods or
otherwise. The requirements are somewhat less stringent in the case of
hoists or lifts constructed before the 1st May, 1967; hoists not connected
with mechanical power, and continuous hoists.
29. Every teagle opening or similar doorway used for hoisting or
lowering goods must be fenced (except when the hoisting or lowering is
going on at that opening) and be provided with a secure handhold on
each side of the opening (Sections 47 to 49).
30. Chains, Ropes and Lifting Tackle. No chain, robe or lifting tackle
used for raising or lowering persons, goods, materials or plant may be
used unless it is of good construction, sound material, adequate strength,
suitable quality and free from patent defect. Tables of safe working
loads must be posted in the stores and elsewhere, but need not cover any
lifting tackle the safe working load of which is marked on the tackle
itself. No tackle shall be used for any load exceeding its stated safe
working load (except when being tested by a competent person). Chains,
ropes and lifting tackle must be thoroughly examined by a competent
person every six months, and must not (excepting fibre ropes and fibre
rope slings) be taken into use for the first time in the factory unless they
have been tested and certified.
31. An Inspector of Factories may require wrought iron chains or

lifting tackle to be annealed or otherwise treated by heat at specified
intervals.
32. A register of all chains, etc., and also the certificates of tests and
reports of examinations must be kept (Sections 51 and 53).
33. Cranes and Other Lifting Machines. All parts and working gear
(including anchoring appliances) of cranes and other lifting machines
must be of good mechanical construction, sound material, adequate
strength and free from patent defect, and must be properly maintained.
A thorough examination of all such parts and gear by a competent
person must be made every 14 months. A lifting machine must not be
taken into use for the first time in the factory unless it has been tested
and certified. A register of examinations and tests must be kept. The safe
working load or loads must be shown on every lifting machine: in the
case of cranes with a derricking jib, an automatic indicator or a table of
safe working loads must be attached to the crane. No lifting machine
shall be loaded above its stated safe working load (except when being
tested by a competent person).
34. Rails and tracks of travelling cranes and transporters must be of
proper size and construction. If any person is working near the wheel
track of an overhead travelling crane, steps must be taken to ensure that
the crane does not approach within 6 metres of the person. Effective
measures must be taken to give warning of the approach of such a crane
to anyone working above floor level and liable to be struck by it or its
load (Sections 52 and 53).
35. Steam Boilers, Steam Receivers, etc. Every part of every steam
boiler and steam receiver must be of good construction, sound material,
adequate strength and free from patent defect. Detailed requirements are
laid down as to the valves and other fittings. The outlet of every steam
container must at all times be kept open and free from obstruction.
36. Steam boilers and steam receivers and their fittings must be
properly maintained and must be thoroughly examined by a
Government Inspector or other person authorised by the Labour
Commissioner, in the case of boilers every 18 months and after
extensive repairs, and in the case of steam receivers every 36 months.
New boilers must have manufacturers' certificates. A report of each
examination of a steam boiler or a steam receiver must be attached to the
Boiler Book.
37. Every steam boiler attendant must be properly instructed in his
duties.
38. No modification, unless sanctioned by the manufacturer, must be
made to any pressure part of any steam boiler or steam receiver until an
Inspector has been notified in writing (Sections 54 to 57 and 60).
39. Air Receivers. Every air receiver and its fittings must be of sound
construction and properly maintained. Detailed requirements are laid
down as to the fittings.
40. Air receivers must be thoroughly cleaned, and be examined or

tested by a Government Inspector or other person authorised by the
Labour Commissioner every 36 months, and a report entered in or
attached to the General Register (Sections 58 and 86).
41. No modification, unless sanctioned by the manufacturer, must be
made to any pressure part of any air receiver until an Inspector has been
notified in writing (Section 60).
42. Notification of Accidents and Dangerous Occurrences. Accidents
causing loss of life or disabling a worker for more than three days from
earning full wages at the work at which he was employed must be
reported forthwith to an Inspector of Factories and entered in the
General Register.
43. Certain dangerous occurrences must also be reported whether
disablement is caused or not, e.g., the bursting of a revolving vessel,
wheel, grindstone or grinding wheel moved by mechanical power, the
collapse or failure of a crane, hoist or other lifting appliance or any part
thereof, or the overturning of a crane; and explosions or fires in certain
circumstances (Sections 76, 77 and 86).
WELFARE
44. Drinking Water. An adequate supply of wholesome drinking
water must be provided (Section 63).
45. Washing Facilities. Adequate and suitable washing facilities and
suitable means of drying must be provided and maintained in a clean
and orderly condition (Section 64).
46. Accomodation for Clothing. Adequate and suitable
accommodation for clothing not worn during working hours, and for
protective clothing, must be provided and maintained.
47. The Minister may by order direct that adequate change rooms shall
be provided and maintained in any factory where he considers such
rooms are necessary (Section 65).
48. Facilities for Sitting. Where any employed persons (irrespective
of sex) have in the course of their employment reasonable opportunities
for sitting without detriment to their work, there must be provided for
their use suitable facilities sufficient to enable them to take advantage of
those opportunities. There are detailed requirements as to seats and
sitting arrangements for work of which a substantial proportion can
properly be done sitting (Section 66).
49. First-aid. In every factory there must be provided a first-aid box
or cupboard of the prescribed standard, containing nothing except
first-aid requisites, and in charge of a responsible person who must
always be readily available during working hours. In every workroom a
notice must be affixed stating the name of the person in charge of the
box or cupboard provided in respect of that room. Where more than 100
persons are employed at one time, an additional box or cupboard for
every additional 100 persons or fraction of that number is required.
50. In factories where more than 50 persons are employed the
responsible person in charge of the first-aid box or cupboard must
satisfy prescribed conditions as to training in first-aid treatment (Section
67 and Regulations).
GENERAL
51. Registration. Before any premises are occupied or used as a
factory, a Certificate of Registration must be obtained from the Labour
Commissioner (Sections 11 to 15).
52. Special Regulations for Safety, Health and Welfare made for
particular factories, industries, processes, plant, etc., must be observed,
and printed copies of all such regulations, or prescribed abstracts
thereof, in force in any factory must be kept posted in the factory
(Section 85).
53. General Register. The occupier must keep a General Registry in
the prescribed form (Section 86).
54. Duties of Persons Employed. A person employed must not
wilfully interfere with or misuse any means, appliance, convenience or
other thing provided in pursuance of the Act for securing health, safety
or welfare and he must use any means or appliance for securing health or
safety provided for his use under the Act. He must not wilfully and
without reasonable cause do anything likely to endanger himself or
others (Section 89).
55. These special duties supplement the general duty of employed
persons not to commit breaches of the Act even though the employer
may be primarily responsible for seeing that they are observed: where an
act or default for which a factory occupier or owner is liable under the
Act is in fact the act or default of some other person (e.g., an agent or
worker) that person can be prosecuted and is liable to the same fine as
the occupier or owner (Section 93).
56. Inspection. Inspectors have power to enter, inspect and examine
every part of a factory by day or by night. They may require the
production of registers, certificates and other papers. They may examine
any person found in the factory, either alone or in the presence of any
other person as they think fit, and may require him to sign a declaration
of the truth of the matters about which he is examined. They may also
exercise such other power as may be necessary for carrying the Act into
effect, including certain powers of taking samples for analysis. Every
person obstructing an Inspector is liable to a penalty (Sections 7, 8, 9
and 75).
PART XIII
REPUBLIC OF ZAMBIA
THE FACTORIES ACT
(Section 86)
(Regulation 19)
GENERAL REGISTER FOR FACTORIES
This register must be kept available for inspection by Inspectors of Factories for two years
after the date of the last entry therein

SECTION A. GENERAL.
Name of occupier (In the case of a firm which is not a Limited Company, the names of each proprietor or pa
Postal address of factory
Registered office address (If different from above)
Situation of factory (i.e., number in, or plot number, and name of street, road, etc.)
Nature of work carried on.
REPORTS AND CERTIFICATES REQUIRED TO BE ATTACHED TO THE GENERAL REGISTER
CERTIFICATE OF REGISTRATION OF THE FACTORY
No. of Certificate ..........

of issue
Other Certificates issued by the Labou

Chief Inspector of Fact
Such documents should be attached to the gummed slips at th (Indicate nature of certificat
When a new Register is taken into use, reports an
}
Name(s) of person(s) (if any) appointed under section 30 of the Factories Act to carry out examinations or operations at unfenced machinery in accordance with the
section.
(The certificate(s) of appointment must be attached to this Register and a signed copy furnished to each person so appointed)
Signature of occupier .................................................................................. Date
SECTION B. WASHING, PAINTING, WHITEWASHING, ETC.

Parts washed, whitewashed or colourwashed, painted, varnished, or otherwise treated on the dat
specified in columns (1) to (3)
Dates
Full particulars of
Day Month Year Parts of factory treated treatment given
(1)
(2) (3) (4) (5)
SECTION C. TESTING OR EXAMINATION OF FIRE WARNING SYSTEMS

Particulars of action
taken to remedy defects
Description of warning system Date of test Particulars of defects found
(4)
(1) or examination (3)
(2)
SECTION D. ACCIDENTS AND DANGEROUS OCCURRENCES
Date of notice
Date of sent on Precise How
accident Form F/6 to occupation e.g. whether
motion and
or occur- Inspector of Name of Usual at time of such m
rence Factories person injured Sex Age employment accident
(1) (2) (3) (4) (5) (6) (7)
SECTION E. CASES OF INDUSTRIAL DISEASE

Date of notice Person affected
sent on
Form F/9 to
Inspector of
Factories Name Sex Age
(1) (2) (3) (4) Name of examining
Occupation Name of medical practitioner
(5) disease (7)
(6)
Statutory
SECTIONS 74 AND 105-THE FACTORIES (PLANT Instrument
INSPECTION AND EXAMINATION FEES) 61 of 1997
Act No.
REGULATIONS. 13 of 1994
1. (1) These Regulations may be cited as the Factories (Plant Inspection Title and
and Examination Fees) Regulations. application
(2) These Regulations shall apply to factories, building operations and

works of engineering construction.
2. Every steam boiler, steam receiver and air receiver shall be Times of
inspected periodically as stipulated under Part VIII of the Act. inspection
3. When any steam boiler, steam receiver or air receiver is inspected or Fees payable on
examined by any inspector or other person authorised by the inspection of
Commissioner, the appropriate fee specified in Part I and II of the steam boiler,
Schedule to these Regulations shall be paid in respect of each inspection steam receiver
or examination. or air receiver
4. When any steam boiler, steam receiver or air receiver is due for Notification of
inspection or examination by an inspector or any person authorised by intended
the Commissioner, the owner or user of any such vessel or the occupier inspection
of the premises in which such vessel is used shall be notified by a
registered letter of the date and time when such inspection or
examination shall be carried out and any such letter shall be sent to the
owner, user or occupier, as the case may be, at least ten days before the
proposed date of inspection.
5. Where an inspector or any person authorised by the Commissioner Surcharge

has arranged to inspect or examine a plant on a date and a time specified payable when
in a registered letter but is unable to carry out the inspection or steam boiler,
examination at the prescribed time because of lack of preparation on the etc, is not
part of the owner, user or occupier, such owner, or user or occupier shall prepared for
be liable to the following surcharges: examination at
(a) where preparations may be made to allow the plant to be specified time
inspected or examined within one hour of the prescribed time, a
surcharge of K25,000.00 per hour or pro rata shall be added to the basic
fee chargeable for the inspection or examination;
(b) where preparations cannot be made to allow the inspection or
examination to be carried out within one hour of the prescribed time, a
surcharge equal to the basic fee shall be chargeable whether or not the
inspection or examination is carried out immediately after the expiry of
one hour; or
(c) where an inspection or examination cannot be carried out for any
reason whatsoever, the inspector shall in addition to the surcharge, issue
an Inspection Report showing a "Nil" entry against "Maximum
Permissible Pressure" in respect of the steam boiler, steam receiver or
air receiver to be inspected or examined and such Inspection Report
shall remain in force until such time as further arrangements can be
made to inspect or examine such steam boiler, steam receiver or air
receiver.
6. The Factories (Plant Inspection and Examination Fees) Regulations, Revocation of

1995 are hereby revoked. S.I. No. 124 of
1995
SCHEDULE
(Paragraph 3)
PART I
BASIC FEE
1. Steam Boilers
(1) Boiler having a grate area of (or evaporation Fee units
rate of steam per hour) K
(a) less than 1 square metre (1000 kg or less) . .. . . 1139
(b) not less than 1 square metre but less
than 2 square metres. . .. .. .. .. 1139
(c) 2 square metres or more (2000 kg or more) . . .. . . 1167
(2) Boilers having no normal grate, in the case of a boiler with
heating surface of-
(a) less than 25 square metres (less than 5000 kg). . .. . . 1222
(b) not less than 25 square metres but less than
55 square metres (more than 5000 kg but
less than 10,000 kg) . . .. .. .. . . 1278
(c) 55 square metres or more (10,000 kg or more). . .. . . 1389
(3) Each economiser, each super-heater (when carried out separately
from the boiler examination) . .. . .. .. . . 1167
(4) Each steam tube oven or steam tube hot plate .. . . 1139
2. Electrically heated boilers
Boilers having a diameter of-
(a) less than 1 square metre (less than 100 litres) .. . . 1139
(b) not less than 1 square metre but less than 2
square metres (more than 1000 litres but less
than 2000 litres or more) . . .. .. .. .. 1222
(c) Steam Receivers
receivers having a diameter of-
(i) less than 450 mm (less than 1000 litres). . .. .. . . 1139
(ii) more than 450 mm (but less than 1500 litres) . . .. . . 1194
(iii) 750 mm or more (1500 litres or more). . .. .. . . 1222
3. Steam Receivers
Receivers having a diameter of-
(a) more than 450 mm (less than 1000 litres) .. .. . . 1139
(b) more than 450 mm less than 1500 litres. . .. .. . . 1194
(c) 750 mm or more (1500 litres or more) . . .. .. . . 1222
4. Air Receivers
Receivers having a diameter of-
(a) less than 450 mm (less than 1000 litres). . .. .. . . 1139
(b) more than 450 mm but less than 750 mm
(more than 1000 litres but less than 1500 litres). . .. . . 1194
(c) 750 mm or more (1500 litres or more) . . .. .. . . 1222
PART II
Fee units
K
1. Each hydraulic test of a steam boiler, steam receiver or air
receiver. .. .. .. .. .. 25 per centum of the appropriate
basic fee
2. Each inspection or examination of steam boiler, steam
receiver or air receiver under normal pressure (when
carried out at the request of the owner, user or occupier) .. .. 10 per
centum of appropriate basic fee
3. Each inspection or examination of steam boiler, steam
receiver or air receiver other than inspections or examinations
arranged out by registered letters (when carried out at the
request of the owner, user or occupier) . . .. . . 100 per centum of appropriate
basic fee
4. Each inspection or examination carried out anywhere in
Zambia, except within a radius of 10 kilometres of an
established factories .. .. .. . . 25 per centum of the
appropriate basic fee
SECTION 74-THE FACTORIES (BENZENE) Statutory

REGULATIONS Instrument
Regulations by the Minister 179 of
1978
158 of
1993
1. These Regulations may be cited as the Factories (Benzene) Title and

Regulations, and shall apply to all factories where benzene or products application
containing benzene are manufactured, handled or used.
"benzene" means the aromatic hydrocarbon benzene C6H6;
"products containing benzene" means products the benzene content of

which exceeds one per cent by volume.
3. Whenever harmless or less harmful substitute products are Restriction on

available, such products shall be used instead of benzene or products use of benzene
containing benzene.
4. The provisions of regulation 3 shall not apply to- Exceptions

(a) the production of benzene;
(b) the use of benzene for chemical synthesis;
(c) the use of benzene in motor fuel; or
(d) analytical or research work carried out in laboratories.
5. In any factory where persons are exposed to benzene or products Restriction on

containing benzene, the concentration of benzene in the air in such concentration of
factory shall not exceed twenty-five parts per million (80 mg/m3). benzene in air
6. All necessary measures shall be taken to prevent the escape of Prevention of

benzene vapour into the air in work rooms where benzene or products escape of
containing benzene are manufactured, handled or used. vapour
7. (1) Work processes involving the use of benzene or products Work to be

containing benzene shall be carried out in an enclosed system. carried out in
enclosed area
(2) Where it is not practicable for the work processes to be carried out in
an enclosed system as stated in sub-regulation (1), efficient means shall
be provided to ensure the removal of benzene vapour.
8. Any person who may have skin contact with benzene or products Protection
containing benzene shall be provided with adequate means of personal against skin
protection against the risks of absorbing benzene through the skin. contact
9. Any person who for special reasons may be exposed to Protection

concentration of benzene in the air which exceeds the maximum against benzene
referred to in regulation 5 shall be provided with adequate means of vapour
personal protection against the risks of inhaling benzene vapour.
10. Every person exposed to benzene or products containing benzene Protective

shall be provided with suitable protective clothing which, together with clothing
the means of protection referred to in regulations 8 and 9, shall be
cleaned and maintained by the employer.
11. Every person supplied with means of personal protection or Use of

protective clothing shall use them at all times during working hours. protective
clothing
12. No food shall be taken into or consumed in work rooms in which Prohibition of
benzene or products containing benzene are manufactured, handled or consumption of
used. meals in work
rooms
13. All factories where benzene or products containing benzene are Washing and
manufactured, handled or used shall be equipped with- eating facilities
(a) sufficient and suitable washing facilities;
(b) suitable accommodation for taking meals, unless appropriate
arrangements exist for meals to be taken elsewhere; and
(c) change rooms where work clothes can be stored separately from
the ordinary clothes.
14. (1) Every person employed in processes involving exposure to Medical

benzene or products containing benzene shall undergo- examinations
(a) a pre-employment medical examination for fitness which shall
include a blood test; and
(b) periodical re-examination at intervals not exceeding twelve
months which shall include biological and blood tests.
(2) The medical examinations referred to in sub-regulation (1) shall be

carried out during working hours under the supervision of a qualified
physician.
(3) Such medical examinations shall not involve the employed person
in any expense.
15. Any woman medically certified as pregnant and any nursing Employment of
mother shall not be employed in work processes involving exposure to pregnant and
benzene or products containing benzene. nursing mothers
16. Young persons under the age of eighteen years shall not be Employment of
employed in work processes involving exposure to benzene or products persons under
containing benzene except where they are undergoing education or age
training and are under adequate technical and medical supervision.
17. Benzene or products containing benzene shall only be brought into Benzene
work rooms in containers which are of suitable material and of adequate containers
strength and so designed and constructed as to prevent any leakage or
escape of vapours.
18. The word "Benzene" shall be clearly labelled and be visible on any Labelling of
container holding benzene or products containing benzene. containers
19. Persons employed in factories where benzene or products Training of

containing benzene are manufactured, handled or used shall receive employees
appropriate training and instructions on measures to safeguard health
and prevent accidents as well as taking necessary action in case of
benzene poisoning.
20. In factories where benzene or products containing benzene are Display of

manufactured, handled or used, notices shall be displayed in prominent notices
positions indicating-
(a) the hazards which are likely to happen;
(b) preventive measures to be taken;
(c) protective equipment to be used; and
(d) first-aid measures to be taken in case of benzene poisoning.
21. Any person who contravenes any of the provisions of these Offences and penalties
Regulations shall be guilty of an offence and be liable on conviction to

the penalties prescribed in section ninety-two of the Factories Act.
CHAPTER 442
THE ZAMBIA INSTITUTE OF ARCHITECTS ACT
PART I
PRELIMINARY
Section
1. Short title
2. Interpretation
PART II
THE ZAMBIA INSTITUTE OF ARCHITECTS
3. Establishment of Institute
4. Functions of Institute
5. Classes of Membership
6. Corporate member
7. Honorary member
8. Life member
9. Foreign member
10. Student member
11. Designation of members
12. Member of Institute before commencement of Act to be
member of Institute in corresponding class
13. Subscription fees
PART III
COUNCIL OF THE ZAMBIA INSTITUTE OF
ARCHITECTS
14. The Council of Zambia Institute of Architects

15. Functions of council
16. Committees
17. Registration Committee
18. Functions of Registration Committee
19. Membership Committee
20. Functions of the Membership Committee
21. Disciplinary Committee
22. Functions of Disciplinary Committee
23. Powers of Disciplinary Committee
24. Proceedings of Committees
25. Professional misconduct
26. Penalties to be imposed by Disciplinary Committee
27. Appeals from Disciplinary Committee
PART IV
REGISTRATION OF ARCHITECTS
28. Registration of architects

29. Qualification for registration of architects
30. Disqualification of architects
31. Exemption from registration
32. Practising certificate and seal
33. Cancellation of practising certificate
34. Appeals
35. Offences relating to practising certificate
36. Offences relating to registration
PART V
MISCELLANEOUS
37. Professional fees

38. Regulations
39. Savings
40. Repeal of Cap. 825
FIRST SCHEDULE
THE COUNCIL
1. Functions of Council
2. Composition of Council
3. Election of Members
4. Tenure of office and vacancy
5. Seal of Council
6. Proceedings of Council
8. Staff of Council
SECOND SCHEDULE
SAVINGS AND TRANSITIONAL PROVISIONS
1. Interpretation
2. Former registered members to be members of Institute
3. Staff of former Board
4. Liabilities and obligations
5. Proceedings
6. Conditions of engagement
CHAPTER 442
ZAMBIA INSTITUTE OF ARCHITECTS Act No.

36 of 1995
An Act to provide for the establishment of the Zambia Institute of

Architects; to provide for the functions of the Institute; to constitute the
Council of the Zambia Institute of Architects; to provide for the
qualifications for membership and registration of architects; and to
provide for matters connected with or incidental to the foregoing.
[29th December, 1995]
PART I
PRELIMINARY
1. This Act may be cited as the Zambia Institute of Architects Act. Short title
"allied professional" means landscape architects, interior designers,

urban designers or project or building managers;
"committee" means a committee of the Council established under

section sixteen;
"Council" means the Council of the Zambia Institute of Architects

constituted by section fourteen;
"Disciplinary Committee" means the Disciplinary Committee

established under section twenty-one;
"foreign firm" means an architectural firm registered outside Zambia;
"Honorary-Secretary" means a person elected Honorary-Secretary

under paragraph two of the First Schedule;
"Honorary-Treasurer" means a person elected Honorary-Treasurer

under paragraph two of the First Schedule;
"Institute" means the Zambia Institute of Architects established under

section three;
"Past President" means a person who has held the office of President
before the commencement of this Act;
"practising certificate" means a certificate issued under section

thirty-two authorising a person to practise as an architect;
"President" means a person elected President of the Council under

paragraph two of the First Schedule;
"Vice-President" means the person elected as Vice-President of the

Council under paragraph two of the First Schedule;
"profession" means the architectural and allied profession; and
"registered architect" means a person registered under section

twenty-eight and engages in the planning or supervision of, and erection
or alteration of a building exceeding one hundred and twenty square
metres.
PART II
THE ZAMBIA INSTITUTE OF ARCHITECTS
3. There is hereby established the Zambia Institute of Architects which Establishment

shall be a body corporate with perpetual succession and a common seal, of Institute
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.
4. The functions of the Institute shall be to- Functions of

(a) promote the general advancement of architecture and to Institute
facilitate the acquiring of knowledge in architecture and the allied
professions;
(b) provide for the registration of architects;
(c) promote good architectural practice;
(d) maintain and improve the standards and conduct of architects;
(e) consider allegations of professional misconduct of architects;
and
(f) do all other things incidental, or conducive, to the attainment of
the functions of the Institute.
5. There shall be five classes of membership of the Institute namely, Classes of

corporate, honorary, life, foreign and student member. Membership
6. (1) A corporate member shall be a person who qualifies to be Corporate

registered as an architect under section twenty-nine; member
(2) A corporate member shall vote and may contest for any Council
position at a General Meeting.
7. The President shall nominate any person to be an honorary member Honorary

and that person shall be approved by the Council if he has- member
(a) distinguished himself in the architectural or allied professions;
or
(b) rendered exceptional and important services relating to the
architectural or allied profession.
8. A life member shall be- Life member
(a) a retired corporate member; and
(b) a person who has made outstanding contributions to the
profession.
9. A foreign member shall be a person who decides to practise the Foreign

profession outside Zambia and, except for subsection (a) of section member
twenty-nine, qualifies to be a corporate member.
10. (1) A person may on application to the Council be admitted as a Student

student member if he is undergoing a postgraduate period of training in member
any industry connected with architecture or an allied profession.
(2) A registered architect supervising a student member shall keep a

record of the performance of the student member.
(3) A student member referred to in subsection (1) shall keep a diary

which shall be signed on a daily basis by the registered architect
supervising him.
11. A member of the Institute shall be entitled to describe and Designation of

designate himself as follows: members
(a) "Corporate Member" as "Member of the Zambia Institute of
Architects or by the abbreviation 'MZIA' ";
(b) "Honorary Member" as "Associate of the Zambia Institute of
Architects or by the abbreviation 'AZIA' "; and
(c) "Life Member" as a "Fellow of the Zambia Institute of
Architects or by the abbreviation 'FZIA' ".
12. Notwithstanding section five any person who immediately before Member of
the commencement of this Act was a corporate member, honorary Institute before
member, life member, foreign member, or student member, of the commencement
Institute, shall be deemed from the commencement of this Act to be a of Act to be
corporate member, honorary member, life member, foreign member or member of
student member, respectively, under this Act. Institute in
corresponding
class
13. (1) Every member of the Institute shall pay such annual Subscription
subscription fees as may be approved by the Council and confirmed at a fees
General Meeting.
(2) Notwithstanding subsection (1), an Honorary and life member shall

not pay the annual subscription fees.
PART III
THE COUNCIL OF THE ZAMBIA INSTITUTE OF

ARCHITECTS
14. (1) There is hereby constituted the Council of the Zambia Institute The Council of
of Architects. the Zambia
Institute of
Architects
(2) The First Schedule shall apply to the Council. Institute of

Architects
15. Notwithstanding the generality of section four, the council shall- Functions of
(a) exercise the functions of the Institute; council
(b) issue membership certificates to approved applicants; and

(c) ratify decisions of the Disciplinary Committee.
16. (1) Subject to subsection (2), the Council may for the purpose of Committees
performing its functions under this Act establish committees consisting
of members of the Institute and may, except as otherwise provided for in
this Act, delegate to any such committee any of its functions as it
considers necessary.
(2) All committees of the Council shall refer all their decisions to the
Council for final decision.
(3) Notwithstanding subsection (1), there shall be the following
committees of the Council:
(a) the Registration Committee;
(b) the Membership Committee; and
(c) the Disciplinary Committee.
17. (1) The President shall appoint the Chairperson of the Registration Registration
Committee. Committee
(2) The Registration Committee shall consist of the following members:
(a) the Vice-President;
(b) the Honorary-Secretary;
(c) two Past Presidents and fully paid up corporate members of the
Institute;
(d) the Chairperson of the Membership Committee; and
(e) a senior Corporate Member nominated by the President and

18. (1) The functions of the Registration Committee shall be to- Functions of
Registration
Committee
(a) consider applications for registration of architects;
(b) prepare programmes of training including acquiring of

acceptable practical experience for trainees and graduates of
architecture for registration as architects;
(c) liaise with approved institutions of architecture on practical

training for architects and monitoring and working out modalities of the
diary; and
(d) to conduct examinations or interviews for professional

competence at such times and places as the Council shall determine.
(2) The quorum of the Registration Committee shall be four members,

one of whom shall be a Past President.
19. (1) The Honorary-Secretary shall be the Chairperson of the Membership

Membership Committee. Committee
(2) The Membership Committee shall consist of the following

members:
(a) the Honorary-Secretary; and
(b) four members of the Council nominated by the President and

20. (1) The functions of the Membership Committee shall be to- Functions of
Membership
Committee
(a) process applications for all categories of membership and make

recommendations to the Council;
(b) keep a register of various classes of membership;
(c) recommend subscription fees for approval by the Council; and
(d) do all other things that the Council may direct the Committee to
do.
(2) The quorum of the Membership Committee shall be three.
21. (1) The Vice-President shall be the Chairperson of the Disciplinary Disciplinary
Committee. Committee
(2) The Disciplinary Committee shall consist of the following
members:
(a) the Vice-President;
(b) a representative of the Attorney-General;
(c) a representative of the allied profession; and
(d) three members nominated by the President and approved by the

Council.
(3) The Vice-Chairperson shall be elected from amongst the members.
(4) The members referred to in paragraphs (a) and (c) shall be registered
architects.
22. (1) The functions of the Disciplinary Committee shall be to- Functions of
Disciplinary
Committee
(a) hear and determine any complaint or allegation against a

member of the Institute;
(b) hear and determine any complaint or allegation against a

Committee of the Council; and
(c) do all such things as are incidental or conductive to the

attainment of the functions of the Committee.
(2) The quorum of the disciplinary Committee shall be three.
23. (1) The Disciplinary Committee may, for purposes of any inquiry, Powers of
hear and receive any evidence. Disciplinary
Committee
(2) Any person summoned to appear before the Disciplinary
Committee shall be guilty of an offence if he refuses-
(a) or fails to appear before the Disciplinary Committee at the time

and place specified in the summons, or having attended, leaves without
the permission of the Committee without cause or excuse;
(b) without lawful excuse to answer any question lawfully put to

him; or
(c) to produce any book, record, document or thing which he has

been required by summons to produce other than that which he could
not be compelled to produce in the trial of an action in court.
(3) A person shall be guilty of a disciplinary offence under subsection

(2) and shall be liable, upon conviction, to a fine not exceeding five
hundred penalty units or to imprisonment for a period not exceeding
three months, or to both.
24. (1) Except as provided in this section, and subject to the other Proceedings of
provisions of this Act, a committee may regulate its own procedure. Committees
(2) A decision of a committee shall be by a majority of the votes of the

members present and voting, 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.
(3) A committee shall cause to be kept a record of all its proceedings.
(4) A party to the proceedings or the legal practitioner, if any, shall be

entitled to cross examine any person giving evidence before the
Committee.
(5) A party to the proceedings before the Disciplinary Committee shall

be present throughtout the hearing:
Provided that any party to a hearing before the Disciplinary

Committee may be represented by a legal practitioner, or with the leave
of the committee by any person authorised by him in that behalf.
(6) The Disciplinary Committees shall, at the close of hearing the case,
make a ruling which shall be communicated to the Council for
ratification and to the parties concerned.
(7) All proceedings of the Disciplinary Committee shall be held in

camera.
25. A registered architect shall be guilty of professional misconduct if, Professional

in the course of his practice, he- misconduct
(a) allows any person, other than a registered architect or trainee
architect in his employment to practise in the name of a registered
architect;
(b) unlawfully discloses or uses to his own advantage, any
information which was acquired in the course of his professional work
on behalf of his client;
(c) certifies or submits in his name or in the names of his firm a
report, document, drawing, statement and related records which have
not been made by him, his partner or an architect employed by his firm;
(d) permits his name or the name of his firm to be used in connection
with technical specifications, designs or financial calculations which are
not accurate;
(e) charges for professional work and fees other than the scales
approved by the Council
(f) fails to disclose or knowingly conceals from his client
information or facts, which may mislead his client; or
(g) gives incorrect or insufficient professional advice.
26. (1) Where the Disciplinary Committee, after due inquiry finds an Penalties to be
architect guilty of professional misconduct, it may impose one or more imposed by
of the following penalties: Disciplinary
Committee
(a) order the cancellation of his practising certificate;
(b) recommend to the Council, the-

i(i) suspension of any member and impose any reasonable
conditions for the postponement or suspension for a period not
exceeding two years;
(ii) expulsion; or
(c) censure him.
(2) The Disciplinary Committee shall as soon as practicable after the

completion of each hearing, submit a report of the proceedings, together
with a copy of the record kept to the Council.
27. (1) An architect who is aggrieved by any decision of the Council Appeals from
may within thirty days of the notification to him of the decision, appeal Disciplinary
to the Minister. Committee
(2) The cancellation of any membership or registration ordered by the

Council shall take effect after the period specified in subsection (1)
expires.
(3) The Minister may, on appeal against the findings or orders of the
Council-
(a) confirm, vary or set aside any findings made, penalty imposed or
direction given by the Council; or
(b) refer the matter back to the Council for further consideration.
PART IV
REGISTRATION OF ARCHITECTS
28. (1) A person shall apply to the Honorary-Secretary for registration. Registration of
architects
(2) A foreign firm may operate in Zambia if it is registered by the

Council, in joint venture with a Zambian architectural firm.
(3) The Honorary-Secretary shall keep a register of persons registered
by the Council.
(4) The register referred to in subsection (3) shall show such particulars
as the Honorary-Secretary may consider necessary and the
Honorary-Secretary shall register all changes that may occur after
registration.
29. (1) A person shall not be registered as an architect unless he- Qualification
for registration
of architects
(a) is a resident in Zambia;
(b) has attained the age of twenty-one years;
(c) holds a bachelor of architecture degree or its equivalent

recognised by the Council;
(d) has passed at least two years of post-graduate practical full-time

employment under the supervision of a registered architect;
(e) has passed the professional competence examination conducted

by the Council; and
(f) has paid the registration and membership fees prescribed by the
Council.
(2) Where a firm is registered by the Council, that firm shall file with
the Registrar, a memorandum of practice signed by all the partners
stating-
(a) the names and qualifications of each partner;
(b) the nationality of the partners;
(c) the name of the firm; and

(d) the address of the registered office, the postal address, the
telephone and the facsimile number of the firm.
30. A person shall not qualify to be registered as an architect if- Disqualification

(a) he has been convicted of an offence involving dishonesty; of architects
(b) he has been adjudged or otherwise declared to be of unsound

mind under any law in force in Zambia;
(c) he is an undischarged bankrupt; or
(d) in the case of a firm, the firm is not registered with the Institute.
31. Except for heads of departments at an institution approved by the Exemption

Council, the following shall not be required to comply with this Part: from
(a) lecturers; and registration
(b) persons undergoing training at a university or institute and

32. (1) The Council, on the recommendation of the Registration Practising

Committee, shall issue a practising certificate to every architect or certificate and
company registered under section twenty-eight. seal
(2) Every practising certificate issued under subsection (1) shall take
effect on the day it is issued and shall continue in force until the 30th of
June next following the date of issue.
(3) The Council shall issue a seal to every registered architect or

company issued with a practising certificate.
(4) A practising certificate shall be renewed annually upon payment of

such subscription fees as may be prescribed.
33. (1) The Council may, after recommendation of the Registration Cancellation of
Committee, cancel a practising certificate issued under section practising
thirty-two if- certificate
(a) it is proved to the satisfaction of the Registration Committee that

the registration was obtained through fraud, misrepresentation or
concealment of any material fact; or
(b) the person ceases to be a member of the Institute.
(2) The Council shall before cancelling the practising certificate under
subsection (1), give the registered architect, or firm, thirty days notice of
the intention to cancel the practising certificate and give the registered
architect an opportunity to show cause as to why his practising
certificate should not be cancelled.
(3) The Council shall, after cancelling the practising certificate issued
under subsection (1) publish a notice of cancellation in the Gazette.
(4) A registered architect whose practising certificate is cancelled shall

surrender his seal to the Council.
34. A person aggrieved by a decision made by the Council under this Appeals
Part may within thirty days appeal to the Minister.
35. (1) A person not registered by the Council, shall not- Offences
relating to
practising
certificate
(a) establish a practice as an architect or be a partner in any

architectural firm;
(b) practise or offer his services as, or hold himself out to be, a
qualified architect, consultant or advisor;
(c) adopt, use or exhibit the titles "architect", "registered architect",

"project architect", "consulting architect" or any other term of similar
description; or
(d) do anything likely to lead persons to infer that he is a registered

architect.
(2) Any person who contravenes the provisions of subsection (1) shall
be guilty of an offence and shall be liable upon conviction to a fine not
exceeding one hundred thousand penalty units or to imprisonment for a
term not exceeding twelve months, or to both.
(3) Where an offence under subsection (2) is committed by a body

corporate, every director and manager of the body corporate shall be
deemed to have committed the offence, unless the manager or director
proves that the offence was committed without his knowledge or
consent.
(4) Where a firm does any act which if done by an individual would be
an offence under subsection (2), every partner in that firm shall be
deemed to have committed the offence, unless he proves that the offence
was committed without his knowledge or consent.
36. (1) A person shall be guilty of an offence if he- Offences

relating to
registration
(a) makes or causes to be made an unauthorised entry, alteration or

erasure in a register, practising certificate, or in any copy thereof; or
(b) procures or attempts to procure for himself or any other person a

practising certificate by means of fraud, misrepresentation or
concealment of any material fact.
(2) A person guilty of an offence under subsection (1) shall be liable,

upon conviction, to a fine not exceeding one hundred thousand penalty
units or to imprisonment for a term not exceeding twelve months, or to
both.
PART V
MISCELLANEOUS
37. A registered architect shall charge for professional services Professional

rendered at such rates as may be prescribed by the Minister, upon fees
recommendation by the Council, by statutory instrument.
38. The Minister may, upon recommendation by the Council, make Regulations
Regulations-
(a) setting out-
(i) the code of professional ethics and conduct; and
(ii) the conditions of engagement of an architect; and

(b) for the better carrying out of the provisions of this Act.
39. The savings and transitional provisions in the Second Schedule Savings
shall apply in respect of the Institute, Council and other matters.
40. The Architects and Quantity Surveyors Act is hereby repealed. Repeal of Cap.
825 of the 1971
edition
FIRST SCHEDULE
(Section 14)
THE COUNCIL
1. The functions of the Council shall be to- Functions of the
(a) register names of members of the Institute; and Council
(b) perform all the functions of the Institute.
2. (1) The Council shall consist of the following members: Composition of

(a) the President; Council
(b) the Vice-President;
(c) the Honorary-Secretary;
(d) the Honorary-Treasurer;
(e) a representative of the Attorney-General; and
(f) not more than seven other members.
(2) Except for the member referred to in subsection (e), the members
referred to in paragraph (1) shall be elected at the Annual General
Meeting.
(3) The President shall not serve more than two consecutive terms of
one year each.
3. The members of the Council shall be elected by secret ballot at an Election of

Annual General Meeting. Members
4. (1) A member of the Council shall hold office for two years and may Tenure of office
be re-elected for two more years. and vacancy
(2) Upon the expiration of the term for which a member is elected he
shall continue to hold office until his successor has been elected, but in
no case shall any extension of one term exceed three months.
(3) The office of member shall become vacant-
(a) upon the member's death;
(b) if he is adjudged bankrupt;
(c) if he is adjudged or otherwise declared to be of unsound mind
under any law in force in Zambia;
(d) if he is absent, without prior approval of the Council from three
consecutive meetings of the Council of which due notice was given to
him; or
(e) upon the expiry of not less than one month's notice, in writing, of
that member's intention to resign given by the member to the President.
5. (1) The seal of the Council shall be such device as may be Seal of Council
determined by the Council and shall be kept by the Honorary-Secretary.
(2) The affixing of the seal shall be authenticated by the President or the
Vice-President and one other person authorised in that behalf by the
Council.
(3) Any document purporting to be a document under seal of the
Council shall be received in evidence and shall be deemed to be a
document so executed or so issued, as the case may be, without further
proof, unless the contrary is proved.
6. (1) Subject to the other provisions of this Act, the Council may Proceedings of
regulate its own procedure. Council
(2) The Council shall, for the transaction of business, meet at least twice
in every calendar year at such places and at such times as the
Chairperson may determine.
(3) The quorum of the meeting of the Council shall be seven.
(4) Subject to paragraph 5, the President shall, upon giving notice of not
less than fourteen days, call a special meeting of the Council if not less
than five members so request in writing.
(5) If the urgency of any particular matter does not permit the giving of
the notice referred to in sub-paragraph (4), a special meeting may be
called upon giving shorter notice.
(6) There shall preside at a meeting of the Council the President or, in
the absence of the President, the Vice-President or, in the absence of
both the President and the Vice-President, such member as the members
(7) A decision of the Council on any question shall be by a majority of
the members present and voting at the meeting and in the event of an
equality of votes the person presiding at the meeting shall have a casting
vote in addition to that persons's deliberative vote.
(8) The Council may invite any person whose presence is in its opinion
desirable, to attend and to participate in the deliberations of a meeting of
the Council, but such a person shall have no vote.
(9) The validity of any proceedings, act or decision of the Council shall
not be affected by any vacancy in the membership of the Council or by
any defect in the appointment of any member.
(10) The Council shall cause minutes to be kept of the proceedings of
every meeting of the Council and of every meeting of any committee
established by the Council.
7. (1) If any person is present at a meeting of the Council at which any Disclosure of
matter in which that person or that person's spouse is directly interested, interest
he shall, as soon as practicable after the commencement of the meeting,
disclose that interest and shall not, unless the Council otherwise directs,
take part in any consideration or discussion of, or vote on, any question
touching that matter.
(2) A disclosure of interest made under sub-paragraph (1) shall be
recorded in the minutes of the meeting at which it is made.
8. The Council may appoint, on such terms and conditions as it may Staff of Council
determine, such other staff as it may consider necessary for the
performance of the functions of Council.
SECOND SCHEDULE
(Section 39)
SAVINGS AND TRANSITIONAL

PROVISIONS
1. In this Schedule- Interpretation
"the former Board" means the Architect and Quantity Surveyors Board
established under the Repealed Act; and
"the repealed Act" means the Architect and Quantity Surveyors Act. Cap. 825 of the
old edition
2. A person who, immediately before the commencement of this Act, Former

held office as one of the members of the former Board referred to in registered
paragraphs (a) and (b) of subsection (1) of section three of the repealed members to be
Act, shall hold office, subject to this Act, as members of the Institute members of
until replaced by persons elected for the purpose of paragraph two of the Institute
first Schedule to this Act.
3. Nothing in this Act affects the rights of any person employed by the Staff of former
former Board immediately before the commencement of this Act. Board
4. On the commencement of this Act, all property assets, rights, Liabilities and
liabilities and obligations of the Zambia Institute of Architects as obligations
registered under the Societies Act shall vest in the Institute established Cap. 119
by this Act.
5. Any proceeings or cause of action instituted or pending by or Proceedings

against the Zambia Institute of Architects as registered under the Cap. 119
Societies Act, immediately prior to the commencement of this Act, shall
continue as if instituted under this Act.
6. Any architectural projects commissioned prior to the

commencement of this Act under the conditions of engagement and
scale of fees subsisting under the amended Act shall continue to apply
until the projects are completed.

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VOLUME 24

Chapter 432. Engineering Institution of Zambia

Chapter 433. Electricity Act

Chapter 435. Petroleum Act

Chapter 436. Energy Regulation Act

Chapter 437. Higher Authority for Power

Chapter 438. Quantity Surveyors Act

Chapter 440. Petroleum (Exploration and

Chapter 441. Factories Act

Chapter 442. Zambia Institute of Architects Act

3. Establishment of Engineering Institution of Zambia

22. Constitution of Council

27. Engineers' Registration Board

44. Professional fees

ENGINEERING INSTITUTION OF ZAMBIA Act No.

An Act to provide for the continued existence of the Engineering

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

"approved" means approved by the Council;

"Board" means the Engineers' Registration Board constituted under

"company members" means membership accorded to a body corporate

"Council" means the Council of the Institution;

"financial year" means the period of twelve months ending on 31st

"Disciplinary Committee" means the Disciplinary Committee of the

"engineer" means any person recognised and registered as such under

"special resolution" means a resolution passed by not less than a

"Institution" means the Engineering Institution of Zambia established

"Honorary Secretary" means Honorary Secretary of the Engineering

"practising certificate" means a certificate issued under section

ENGINEERING INSTITUTION OF ZAMBIA

4. The functions of the Institution are- Function of

5. No member of the Institution shall be personally liable for any Limitation of

7. (1) There shall be six classes of membership of the Institution Classes of

(2) Membership of the Institution shall be by election by the Council in

8. Notwithstanding section seven, any person who immediately prior Member of

(a) distinguished work in engineering or allied discipline;

(c) exceptional and important services rendered to the Institution; or

(d) association to the Institution which is beneficial to it;

(2) Notification of the intention to propose a person as an Honorary

(3) The proposal of such Honorary Fellow shall be made at a

(4) The election of an Honorary Fellow shall be by the unanimous vote

10. A person may on application to the Council be admitted as a Fellow

(iii) lecturing or teaching at such university, institute or school in such

11. A person may, on application to the Council be admitted as a Member

(iii) has proved his educational attainment by the submission to the

(i) engaged in the administration, design, execution or operation of

(ii) employed as a lecturer or teacher; or

(iii) engaged in research of an approved nature; and

(i) has undergone training acceptable to the Council for a period of at

(a) (i) has attended an approved university, technical college or

(i) engaged in work of an administrative or technical nature within the

(ii) employed as a lecturer or teacher in an approved institution; or

(c) has undergone training acceptable to the Council for a period of

(d) has had, an aggregate period of two years further experience of

(2) Notwithstanding subsection (1) a university graduate with a degree

13. A person may on application to the Council be admitted as a Student

16. A member shall be entitled to describe and designate himself as Designation of

(a) "Honorary Fellow" as "Honorary Fellow of the Engineering

(2) No person who has been expelled from membership of the

SECTIONS AND BRANCHES

(2) Subject to the general directions of the Council, a section may

(3) The management and control of each section shall be vested in a

(4) A committee of a section shall be responsible for all matters

(2) Subject to the general directions of a Council a branch may regulate