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Trades Licensing Act, Cap 393

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CHAPTER 393 THE TRADES LICENSING ACTCHAPTER 393

THE TRADES LICENSING ACT

 

 

ARRANGEMENT OF SECTIONS

 

 

PART I PRELIMINARYPART I

PRELIMINARY

 

 

Section

  1.          Short title and application

  2.          Interpretation

 

 

PART II CONTROL OF TRADING AND MANUFACTURINGPART II

CONTROL OF TRADING AND MANUFACTURING

 

 

  3.          Restriction on trading

  4.          Restriction on manufacturing

  5.          Classification and forms of licences

  6.          Fees and duration of licences

  7.          Transfer of licences

  8.          Fee payable on transfer of business to new premises

 

 

PART III LICENSING AUTHORITIES AND ISSUE OF LICENCESPART III

LICENSING AUTHORITIES AND ISSUE OF LICENCES

 

 

  9.          Licensing Authorities

10.          Registers of licences

11.          Notice of intention to apply for trading (wholesale) licence or trading (retail) licence

12.          Objections

13.          Applications for licences

14.          Powers of Licensing Authorities in considering applications

15.          General principles affecting issue of licences

16.          General restrictions on power to issue licences

17.          Restriction on issue of certain licences to non-citizens and avoidance of such licences

18.          Licensing Authority may issue a licence subject to conditions

18A.       Information required for tax purposes

19.          Appeals

 

 

PART IV GENERALPART IV

GENERAL

 

 

Section

20.          Display of licences

21.          Entry on premises and production of licences

22.          Duplicate licence

23.          Partners to surrender licence upon dissolution, etc., of partnership

24.          Power of President to revoke licences

25.          Power of court to order endorsement, cancellation or disqualification after conviction

26.          Repealed by Act No. 32 of 1993

27.          Minister may prohibit peddling or hawking

28.          Regulations

29.          Penalties and evidence

30.          Construction

 

 

SCHEDULE-Licences and fees

 

 

 

CHAPTER 393

 

 

TRADES LICENSING

41 of 1968
41 of 1969
22 of 1971
7 of 1976
4 of 1978
4 of 1988
26 of 1990
5 of 1992
32 of 1993
10 of 1994
13 of 1994.

 

An Act to amend the law relating to the licensing of certain trades and businesses; and to provide for matters incidental to or connected with the foregoing.

[4th October, 1968]

 

 

PART I PRELIMINARYPART I

PRELIMINARY

 

 

1.  (1)  This Act may be cited as the Trades Licensing Act.

Short title and application

 

(2)  No licence shall be required under this Act by-

 

 

(a)        any person specially appointed to conduct a sale of any goods in execution of any order of any court; or

 

 

(b)        a sheriff or his lawful deputy selling goods in the execution of his lawful duty; or

 

 

(c)        any duly appointed poundmaster who may sell, on the days duly appointed for such sales, any animals impounded which may lawfully be sold; or

 

 

(d)        any person who sells any goods solely as a necessary incident to the provision of any professional or other personal services; or

 

 

(e)        auctioneers; or

 

 

(f)         any person who sells goods in any area, with the consent in writing of the Licensing Authority for such area, in connection with the raising of funds for philanthropic, charitable, cultural, sporting or educational purposes;

 

 

(g)        commercial traveller.

 

 

(3)  Where, under the provisions of any written law other than this Act, a licence fee is payable in respect of the sale of any goods, no licence shall be required under this Act in respect of such sale, and no licence under this Act shall be deemed to authorise any such sale.

(As amended by Act No. 32 of 1993)

 

 

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

"appropriate fee" means, in relation to any matter, the fee specified in respect of such matter in the Schedule;

"commercial traveller" means a person who travels from place to place within Zambia for the purpose of soliciting or receiving orders for the supply of goods;

"goods" means any goods, wares or merchandise, but does not include-

(a)        foodstuffs, livestock and other agricultural and natural products, the growth or produce of Zambia; or

(b)        articles of handicraft made and sold by or on behalf of the same person (not being a body corporate or a partnership), of which not less than seventy-five per centum in content or value of the materials used shall have been grown or produced in Zambia;

"hawker" means any person who is an itinerant trader with no fixed place of business who goes about from place to place selling goods which he carries with him in any vehicle other than a tricycle, bicycle or handcart;

"licence" means a licence issued under this Act, and includes a duplicate thereof issued under section twenty-two;

"licence holder" means a person named in a licence which is in force, and "holder" shall be construed accordingly;

"Licensing Authority" means a Licensing Authority specified in section nine;

"local authority" means-

(a)        a city council; or

(b)        a municipal council; or

(c)        a township council; or

(d)        a district council;

"manufacturing" means the transforming, on a commercial scale, of raw materials into finished or semi-finished products and includes the assembling of inputs into finished or semi-finished products, but does not include mining; and "manufacture" shall be construed accordingly.

"market" means a market established under the Markets Act;

"municipal council" and "municipality" have the meaning assigned respectively thereto in section two of the Local Government Act;

"pedlar" means any person who is an itinerant trader with no fixed place of business who goes about from place to place selling goods (other than newspapers) which he carries with him on his person or on a tricycle, bicycle or handcart;

"retailer" means a person who sells goods by way of business (whether in conjunction with any other business or not) to other persons reasonably believed by the seller to purchase such goods for a purpose other than the resale thereof by those other persons;

"district council" and "rural area" have the meanings assigned respectively thereto in section two of the Local Government Act;

"sell" includes exchange, barter or offer for sale or expose for sale, and "sale" shall be construed accordingly;

"stall" means any stand, shelter, table, place or plot in any area set aside by a local authority for the sale of goods;

"township council" and "township" have the meanings assigned respectively thereto in section two of the Local Government Act;

"wholesaler" means a person who sells goods by way of business (whether in conjunction with any other business or not) to other persons reasonably believed by the seller to intend to resell such goods;

"year" means a calendar year.

Interpretation
Cap. 290
Cap. 281
Cap. 281
Cap. 281

 

(2)  Subject to the provisions of subsection (3), a person shall be deemed to sell goods by way of business if such person owns or is part-owner of, or controls or partly controls, or is a person interested in, a business consisting wholly or partly in the sale of goods.

 

 

(3)  Subject to the provisions of subsection (4) of section twenty-nine, no person shall be deemed to sell goods by way of business by reason only-

 

 

(a)        that he is employed as a manager or servant by a person who sells goods by way of business; or

 

 

(b)        that he is a director or shareholder of a body corporate which sells goods by way of business.

(As amended by Act No.32 of 1993)

 

 

PART II CONTROL OF TRADING AND MANUFACTURINGPART II

CONTROL OF TRADING AND MANUFACTURING

 

 

3.  (1)  A person shall not sell goods by way of business-

Restriction on trading

 

(a)        unless he is the holder of a licence; or

 

 

(b)        otherwise than in accordance with the terms of such licence.

 

 

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

 

 

4.  (1)  A person shall not carry on business as a manufacturer-

Restriction on manufacturing

 

(a)        unless he is the holder of, or is authorised to do so under, a manufacturing licence; or

 

 

(b)        otherwise than in accordance with the terms of such a licence.

 

 

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

(As amended by Act No 32 of 1993)

 

 

5.  (1)  The following licences may be issued under this Act:

Classification and form of licences

 

(a)        a trading (wholesale) licence;

 

 

(b)        a trading (retail) licence;

 

 

(c)        a hawker's licence;

 

 

(d)        a pedlar's licence;

 

 

(e)        a pedlar's (restricted) licence;

 

 

(f)         a stall licence;

 

 

(g)        a restricted licence;

 

 

(h)        an agent's licence;

 

 

(i)         a manufacturing licence.

 

 

(2)  A licence shall be in such form as may be prescribed.

 

 

(3)  A trading (wholesale) licence shall authorise the person named therein to carry on business as a wholesaler, at the premises specified therein, of such goods or class or classes of goods as may be specified therein.

 

 

(4)  A trading (retail) licence shall authorise the person named therein to carry on business as a retailer, at the premises specified therein, of such goods or class or classes of goods as may be specified therein.

 

 

(5)  (Repealed by Act No. 32 of 1993)

 

 

(6)  A hawker's licence shall authorise the person named therein to sell goods as a hawker in such area as may be specified therein.

 

 

(7)  A pedlar's licence shall authorise the person named therein to sell goods as a pedlar in such area as may be specified therein.

 

 

(8)  A pedlar's (restricted) licence shall authorise the person named therein to sell religious books and tracts in such area as may be specified therein.

 

 

(9)  A stall licence shall authorise the person named therein to sell such goods as may be specified therein from a stall situated in such market as may be specified therein.

 

 

(10)  A restricted licence shall authorise the sale of tobacco, cigarettes, breadstuffs, pastry, confectionery and non-alcoholic beverages by any person named therein-

 

 

(a)        on any railway station or airport specified therein if such person has no store or place of business on such railway station or airport; or

 

 

(b)        at premises situated in any area specified therein other than a municipality or a township.

 

 

(11)  An agent's licence shall authorise the person named therein to carry on business as a manufacturer's representative in accordance with such terms and conditions as may be specified therein.

 

 

(12)  A manufacturing licence shall authorise the person named therein to manufacture and sell any product or products specified in the licence.

 

 

(13)  Notwithstanding the repeal of the Investment Act, 1991-

 

 

(a)        a manufacturing licence that was issued to a person under that Act shall be deemed to have been issued under this Act; and

 

 

(b)        an application for a manufacturing licence pending under that Act shall be deemed to have been made under this Act to the appropriate Licensing Authority.

(As amended by Act No. 22of 1971and No. 32 of 1993)

 

 

6.  (1)  Subject to the provisions of section eight, there shall be payable in respect of any licence, at the time it is issued, the appropriate fee:

Fees and duration of licences

 

Provided that where a licence is issued in respect of any year after the 30th June in that year, the fee payable in respect of such licence shall be one-half of the appropriate fee.

 

 

(2)  Subject to the provisions of this Act, a licence shall continue in force until the expiry of the 31st December next following the date of issue thereof, and shall thereupon expire.

 

 

(3)  Any fee payable in respect of a licence under this Act shall-

 

 

(a)        where the Licensing Authority is a local authority, be paid into the general fund of such local authority;

 

 

(b)        where the Licensing Authority is the Minister or a District Secretary, be paid into the general revenues of the Republic.

 

 

7.  (1)  Subject to the provisions of this section, a licence shall not be transferable.

Transfer of licences

 

(2)  A Licensing Authority shall-

 

 

(a)        in the case of the death of a licence holder, and if so requested by the widow or widower or the legal personal representative of the deceased licence holder, transfer the licence to such widow or such widower or such legal personal representative, as the case may be;

 

 

(b)        in the case of the bankruptcy of a licence holder or assignment for the benefit of his creditors generally, transfer the licence to the lawfully appointed trustee or assignee if so requested by such trustee or assignee;

 

 

(c)        where a licence holder is a company in liquidation, transfer the licence to the lawfully appointed liquidator if so requested by such liquidator;

 

 

(d)        in any case where a licence holder becomes subject to any legal disability, transfer the licence to any person lawfully appointed to administer his affairs, if so requested by such person.

 

 

(3)  Any licence transferred under subsection (2) shall, not withstanding the provisions of section six, continue in force for a period of twelve months from the date of such transfer and shall thereupon expire.

 

 

(4)  Any person who-

 

 

(a)        being a licence holder, lends or transfers or assigns a licence to any other person;

 

 

(b)        without lawful authority, makes use of a licence issued to any other person;

shall be guilty of an offence.

 

 

(5)  In subsection (2), "licence" does not include a pedlar's licence or a pedlar's (restricted) licence or a restricted licence.

 

 

8.  (1)  Where a Licensing Authority issues a licence (hereinafter referred to as "the new licence") to a licence holder applying therefor on the ground that such licence holder intends to transfer his business to new premises and to cease carrying on such business in the premises specified in his existing licence, the fee payable in respect of the new licence shall, if the licence holder surrenders his existing licence to the Licensing Authority at the time the new licence is issued, be equal to ten per centum of the fee paid in respect of the existing licence and no other amount shall be so payable.

Fee payable on transfer of business to new premises

 

(2)  A licence surrendered under this section shall expire upon its surrender.

 

 

PART III LICENSING AUTHORITIES AND ISSUE OF LICENCESPART III

LICENSING AUTHORITIES AND ISSUE OF LICENCES

 

 

9.  (1)  The following shall be Licensing Authorities for the purposes of this Act:

Licensing Authorities

 

(a)        for the issue of any licence (other than a licence applied for by a local authority) for the manufacture or sale of goods-

(i)         in a city, the city council thereof;

(ii)        in a municipality, the municipal council thereof;

(iii)       in a township, the township council or the management board thereof, as the case may be;

(iv)       in a district, the district council thereof;

(v)        in any other area, such authority as the Minister may, by statutory instrument, prescribe as the Licensing Authority for the area;

 

 

(b)        for the issue of any licence to a local authority, the Minister.

 

 

(2)  A Licensing Authority may authorise, in writing, any person to issue a licence on behalf of the Authority.

(As amended by Act No. 22of 1971and No. 32 of 1993)

 

 

10.  (1)  Every Licensing Authority shall cause to be kept a register of licences in such form and containing such particulars as may be prescribed, and there shall be entered in such register of licences the details of any licence or duplicate licence issued by such Licensing Authority, and of any endorsement or cancellation of a licence notified to such Licensing Authority under section twenty-five.

Registers of licences

 

(2)  The register of licences of a Licensing Authority shall be available for inspection by any member of the public during such hours as the licensing office of such Licensing Authority is open for business.

 

 

11.  (1)  Any person who intends to apply to a Licensing Authority for a trading (wholesale) licence or a trading (retail) licence shall, subject to the provisions of subsection (3), give notice of such intention in accordance with this section.

Notice of intention to apply for trading (wholesale) licence or trading (retail) licence

 

(2)  A notice of intention under this section shall be in the prescribed form and shall, not less than fourteen days before the application for the licence is made, be published in the Gazette and in two issues of a newspaper circulating in the District where it is intended to sell goods under such licence.

 

 

(3)  A Licensing Authority may, upon application by any person referred to in subsection (1), exempt such person in writing from the requirements of subsection (2) if such Licensing Authority is satisfied that such person is-

 

 

(a)        in the case of a person who intends to apply for a trading (wholesale) licence, the holder of a licence authorising him to carry on business as a wholesaler in the area of such Licensing Authority; or

 

 

(b)        in the case of a person who intends to apply for a trading (retail) licence, the holder of a licence authorising him to carry on business as a retailer in the area of such Licensing authority;

and such exemption may be granted subject to such conditions with respect to the giving of notice of intention for the purpose of this section as the Licensing Authority may impose.

(4)  Any person exempted under subsection (3) shall, if he complies with the conditions imposed under that subsection, be deemed to comply with the provisions of this section.

 

 

12.  (1)  Where a notice of intention to apply to a Licensing Authority for a licence is published under subsection (2) of section eleven, any person who wishes to object to the issue of such a licence shall, not later than twenty-one days from the last publication of the notice of intention as required by subsection (2) of section eleven, give notice of his objection in the prescribed form to such Licensing Authority and to the person named as the applicant in the notice of intention.

Objections

 

(2)  No objection under this section shall be considered by a Licensing Authority in respect of an application for a licence unless-

 

 

(a)        the grounds of such objection are stated;

 

 

(b)        notice thereof is given to the applicant within the time allowed under subsection (1).

(As amended by Act No. 32 of 1993)

 

 

13.  (1)  Subject to this section, an application for a licence shall be made in the prescribed form to the Licensing Authority for the area in which the applicant intends to carry on the activity to be licensed.

Application for licence

 

(2)  An application under subsection (1) shall be accompanied by the prescribed fee.

(As amended by Act No. 32 of 1993)

 

 

14.    A Licensing Authority, or any person authorised in writing in that behalf by a Licensing Authority, shall, for the purpose of considering an application under section thirteen, have power-

(a)        to take evidence on oath or affirmation and, for that purpose, to administer oaths or affirmations;

(b)        to summon, by notice in the prescribed form, any person to give evidence in respect of such application or to produce any book, plan or document relating thereto;

(c)        to make such investigation as may be necessary in order to ascertain any of the matters which a Licensing Authority is required to consider under section fifteen:

Powers of Licensing Authorities in considering applications

 

Provided that no person shall be required under this section to produce any book or account or voucher or receipt directly relating to his business or trade.

 

 

15.  (1)  Subject to the provisions of sections sixteen and seventeen, a Licensing Authority may in its discretion refuse to issue a licence if it is satisfied-

General principles affecting issue of licences

 

(a)        that the applicant is under the age of eighteen years;

 

 

(b)        that the issue of such licence is likely to cause nuisance or annoyance to persons residing, or occupying premises, in the neighbourhood of the premises in respect of which the licence is sought; or

 

 

(c)        that the premises on which the applicant intends to conduct his business would not conform to the requirements of any law for the time being in force; or

 

 

(d)        that the issue of such licence would conflict with any approved or proposed town planning scheme or zoning area; or

 

 

(e)        that the issue of such licence would operate against the public interest.

 

 

(2)  If a Licensing Authority, other than the Minister, refuses to issue a licence, it shall, at the time of giving notification of the refusal, inform the applicant in writing of the reasons for the refusal and refer to the relevant provision of this Act on which the refusal is based.

(As amended by No. 22 of 1971 and Act No. 32 of 1993)

 

 

16.  (1)  A Licensing Authority shall refuse to issue a licence to any person who-

General restrictions on power to issue licences

 

(a)        is an undischarged bankrupt or has entered into a composition or a scheme of arrangement with his creditors which is still binding; or

 

 

(b)        has, within a period of five years immediately preceding the date of the application, been convicted of an offence against the Bankruptcy Act; or

Cap. 82

 

(c)        has, within a period of five years immediately preceding the date of the application, been disqualified from holding a licence by order of a court under section twenty-five; or

 

 

(d)        in the case of an application for a trading (wholesale) licence or a trading (retail) licence, has not complied with the provisions of section eleven; or

 

 

(e)        in the case of an application for a restricted licence for the sale of goods on a railway station or airport, is not permitted in writing by the authority having control of such railway station or airport to sell goods thereon.

 

 

(2)  Without prejudice to the provisions of subsection (1), a Licensing Authority shall refuse to issue a licence to a partnership if any partner thereof is a person referred to in paragraph (a), (b) or (c) of subsection (1).

 

 

17.    A Licensing Authority may not issue any of the licences under this Act to an applicant who is not a Zambian unless-

(a)        the applicant has obtained an investment certificate under the Investment Act; and

(b)        where the applicant is an individual, he has satisfied the requirements of the Immigration and Deportation Act.

(As amended by Act No. 22 of 1971 and No. 32 of 1993)

Restriction on issue of licences to non-citizens
Cap. 385
Cap. 123

 

18.    A Licensing Authority may issue a licence subject to such terms and conditions as it may deem fit, including, but without prejudice to the generality of this section-

(a)        a condition that a particular class or particular classes of goods shall not be sold;

(b)        a condition that a particular class or particular classes of goods only may be sold;

(c)        a condition that goods may be sold in a particular area.

Licensing Authority may issue a licence subject to conditions

 

18A.  (1)  Subject to the Income Tax Act, a Licensing Authority shall require a licence holder under this Act to provide the Authority with his physical address of the place where he conducts his business or trade.

Information required for tax purposes
Cap. 323

 

(2)  The information obtained by the Licensing Authority under subsection (1) shall be forwarded to the Commissioner General of the Zambia Revenue Authority at the time when the lience expires or is renewed.

(As amended by Act No. 32 of 1993)

 

 

19.  (1)  An applicant for a licence who is aggrieved by a decision of the Licensing Authority under section fifteen rejecting his application may appeal to the Minister, subject to further appeal to the High Court.

Appeals

 

(2)  An appeal under this section shall be lodged by the person aggrieved within thirty days from the date of receipt of the notice that the application has been rejected.

(As amended by Act No. 32 of 1993)

 

 

PART IV GENERALPART IV

GENERAL

 

 

20.  (1)  Where a licence is issued in respect of any premises, the licence holder shall ensure that such licence is displayed at all times in a prominent position on such premises.

Display of licences

 

(2)  A licence holder who contravenes the provisions of subsection (1) shall be guilty of an offence.

 

 

21.  (1)  A police officer of or above the rank of Sub Inspector, or a Trade Inspector authorised in writing by the Minister or a Council Policeman or employee authorised in writing in that behalf by a Licensing Authority (hereinafter referred to as an "authorised person") may, on production of evidence of his identity and authority to any person reasonably requiring it-

Entry on premises and production of licences

 

(a)        at any reasonable time, enter any premises where goods are being sold and require any person in charge of such premises to produce the licence issued in respect of such premises for inspection;

 

 

(b)        require any person selling goods as a hawker or a pedlar to produce a licence authorising such sale for inspection;

 

 

(c)        require any person referred to in paragraph (a), (b) or (c) to give such information as he may reasonably require to enable him to ascertain whether the provisions of this Act are being complied with.

 

 

(2)  Any licence holder, or any person referred to in paragraph (a), (b) or (c) of subsection (1), who-

 

 

(a)        fails to produce a licence upon being lawfully required to do so under subsection (1); or

 

 

(b)        hinders or obstructs a police officer or authorised person acting under subsection (1);

shall be guilty of an offence.

(As amended by Act No. 32 of 1993)

 

 

22.  (1)  Where any licence is lost, destroyed or defaced, the licence holder may make application in the prescribed form to the Licensing Authority by whom such licence was issued for a duplicate of such licence, and the Licensing Authority shall, if satisfied that such licence is lost, destroyed or defaced and has not expired, issue a duplicate thereof to the licence holder.

Duplicate licence

 

(2)  An application under this section shall be accompanied by the appropriate fee.

 

 

23.  (1)  Where the constitution of a partnership to whom a licence is issued is changed otherwise than by the death of a partner, it shall be the duty of every person who was a partner thereof immediately before such change to give notice of such change to the Licensing Authority which issued such licence.

Partners to surrender licence upon dissolution, etc., of partnership

 

(2)  A licence issued to a partnership referred to in subsection (1) shall, if it has not sooner expired, become void at the expiration of a period of six months from the date of the change in the constitution of such partnership and shall be surrendered upon the expiration of the said period of six months to the Licensing Authority by whom it was issued.

 

 

(3)  Any person who fails to comply with the provisions of subsection (1) shall be guilty of an offence.

 

 

24.  (1)  The Minister may in writing, revoke a licence issued under this Act if the licence holder-

Power of Minister to revoke licence

 

(a)        obtained the licence by fraud or deliberate or negligent submission of false or misleading facts or statements; or

 

 

(b)        contravenes the terms and conditions of the licence.

 

 

(2)  The Minister shall, before revoking a licence, give written notice to the licence holder of his intention to revoke the licence and the grounds for the revocation, and shall require the licence holder to show cause within a period of twenty-one days why the licence should not be revoked.

 

 

(3)  If the licence holder under subsection (2) fails to show cause to the satisfaction of the Minister as to why his licence should not be revoked, the Minister shall revoke the licence.

 

 

(4)  Any licence holder who is aggrieved by the revocation of his licence may appeal to the High Court within thirty days from the date of receipt of the notice revoking the licence.

 

 

(As amended by Act No.32 of 1993)

 

 

25.  (1)  Subject to subsection (3), if the holder of a licence is convicted by a court of an offence in respect of the sale of goods, whether the offence is against this Act or any other written law, the court may endorse the conviction on the licence.

Power of court to order endorsement, cancellation or disqualification after conviction

 

(2)  Subject to subsection (3), if a licence holder whose licence has been endorsed under subsection (1) is convicted of another such offence within two years of the date of the endorsement, the court may, in addition to any other penalty, order that-

 

 

(a)        the licence shall be revoked; and

 

 

(b)        the licence holder shall be disqualified from holding the licence that is endorsed for a specified period.

 

 

(3)  Subsections (1) and (2) shall not apply if the licence holder proves that-

 

 

(a)        the offence was not committed knowingly or wilfully; or

 

 

(b)        in the case of an act or omission by an employee of the licence holder, the licence holder had taken reasonable steps to prevent the commission of the offence.

 

 

(4)  Where a licence is endorsed, or where a court makes an order for the cancellation of a licence and the disqualification of a licence holder, under subsection (1), the court shall cause the Licensing Authority which issued such licence to be notified of such endorsement or of such order, as the case may be, and such Licensing Authority shall cause the particulars of such endorsement or order to be entered in the register of licences kept by such Licensing Authority under section ten.

 

 

(5)  Any person whose licence is endorsed or cancelled, under subsection (1) or who is disqualified from holding a licence by order of a Court under subsection (2), may appeal against such order in the same manner as against a conviction, and the court may suspend the operation of such order, subject to such conditions as it may deem fit, pending the determination of such appeal.

(As amended by Act No. 32 of 1993)

 

 

26.    Repealed by Act No. 32 of 1993.

 

 

27.  (1)  The Minister may, by statutory instrument, prohibit peddling or hawking of any class of goods in any area specified in the statutory instrument, if-

Minister may prohibit peddling or hawking

 

(a)        he is requested to do so by a Local Authority; and

 

 

(b)        he is satisfied that it is in the public interest to do so.

 

 

(2)  Any person who contravenes the provisions of a statutory instrument under this section shall be guilty of an offence.

(As amended by Act No. 32 of 1993)

 

 

28.  (1)  The Minister may, by statutory instrument, make regulations prescribing all matters which, by this Act, are required or permitted to be prescribed, or which are necessary or convenient to be prescribed for carrying out or giving effect to the provisions of this Act.

Regulations

 

(2)  Without prejudice to the generality of subsection (1), the regulations under subsection (1) may provide for-

 

 

(a)        the keeping of books, documents, accounts and records in respect of the manufacturing and sale of goods by licence holders, including the entries to be made therein in respect of dealings in goods;

 

 

(b)        the manner in which applications for licences may be made and the forms to be used for such applications;

 

 

(c)        the form of licences; and

 

 

(d)        the form of the register of licences required to be kept by a Licensing Authority under section ten.

 

 

(3)  Regulations under this section may provide in respect of any contravention thereof that the offender shall be guilty of an offence.

 

 

(4)  The power of the Minister to make regulations under this section in relation to any matter shall not be construed as derogating from any other powers conferred upon him under this Act to make provision in relation to the same matter.

(As amended by Act No. 41 of 1969, No. 22 of 1971,
No. 32 of 1993 and No. 13 of 1994)

 

 

29.  (1)  Any person who is guilty of an offence against this Act shall be liable upon conviction to a fine not exceeding one thousand penalty units and, in addition, where the offence is a continuing offence, to a fine not exceeding two hundred penalty units for each day during which the offence continues.

Penalties and evidence

 

(2)  Where, in a prosecution for an offence against this Act, it is relevant to prove that a person is not a citizen of Zambia, it shall be presumed that such person is not a citizen of Zambia until the contrary is proved.

 

 

(3)  Where, in a prosecution for an offence against this Act, it is alleged that a person is not the holder of a licence, it shall be presumed that such person is not the holder of such licence until the contrary is proved.

 

 

(4)  Where any offence against this Act is committed by a body corporate, any person, who at the time of the commission of the offence, was the chief executive, or acting or purporting to act in that capacity, shall be guilty of such offence unless he proves-

 

 

(a)        that the offence was committed without his knowledge or consent; and

 

 

(b)        that he exercised all such diligence to prevent the commission of the offence as he ought to have exercised having regard to the nature of his functions in such capacity.

(As amended by Act No. 32 of 1993 and No. 13 of 1994)

 

 

3x0.    Until such date as the Minister may, by statutory order, appoint, subsection (5) of section thirteen shall be read and construed as if666.181818for t6.18e date "31st October" there were substituted the date "31st December".

Construction

 


 

SCHEDULE

 

 

(Sections 2, 5, 6 and 22)

 

 

LICENCES AND FEES

 

 

                                                                        Fees payable
                 Licence                      In a specified               in any other
                                                                 area                      area

                                                             Fee Units             Fee Units

(1)  Trading (wholesale) licence                         1,000                150

(2)  Trading (retail) licence                            500                         25

(3)  Commercial traveller's licence-

(a) held by a firm, partnership or
 individual holding a trading
(wholesale) or trading (retail)
licence, for one person                                   600                         85

(b) held by any other firm, partnership
or individual, for one person                         800                       150

(c) held by every additional employee
or partner of a holder of a licence
issued under (a) or (b)                                   100                         25

(4)  Hawker's licence                                       50                         15

(5)  Pedlar's licence                                          25                           8

(6)  Pedlar's (restricted) licence                       10                           3

(7)  Stall licence                                               50                           8

(8)  Restricted licence                                      50                           8

(9)  Duplicate of any licence                            10                           3

In this Schedule "specified area" means-

(a)the area for the time being of any city or municipality declared, or deemed to have been declared, to be the area of such city or municipality under the Local Government Act;

(b)the areas for the time being declared as Lusaka Rural District Councils under the Local Government Act.

(As amended by Act No. 10 of 1994 and No. 13 of 1994)

Cap. 281
Cap. 281

 


 

SUBSIDIARY LEGISLATION

 

 

TRADES LICENSING

 

 

SECTION 9-THE TRADES LICENSING (LICENSING AUTHORITIES) (OTHER AREAS) REGULATIONS

Statutory Instruments
368 of 1968
434 of 1968

 

Regulations by the Minister

 

 

1.    These Regulations may be cited as the Trades Licensing (Licensing Authorities) (Other Areas) Regulations.

Title

 

2.    An authority specified in the first column of the Schedule is hereby prescribed as the Licensing Authority for the area specified opposite thereto in the second column of the Schedule.

Appointment of Licensing Authorities

 


 

SCHEDULE

 

 

(Regulation 2)

 

 

LICENSING AUTHORITIES

 

 

                First Column                                                 Second Column

Chililabombwe Township Council      Chililabombwe District.

Municipal Council of Chingola           ..          Chingola District excluding the area of the Kasompe Township.

Municipal Council of Kabwe  ..          Kabwe Urban District excluding the area of the Mukobeko Township.

Kalulushi Township Council   ..          Kalulushi District excluding the area of the Chambeshi Township and the Chibuluma Township.

City Council of Kitwe            ..          Kitwe District excluding the area of the Garneton Township.

Municipal Council of Livingstone      Livingstone District.

Municipal Council of Luanshya          Luanshya District excluding the area of the Fisenge Township.

City Council of Lusaka           ..          Lusaka District excluding the area of the Chelston Township, the Kabulonga Township, the Kafue Township, the Roma Township and the Rufunsa Rural Council.

Municipal Council of Mufulira           ..          Mufulira District excluding the area of the Kansuswa Township.

City Council of Ndola            ..          Ndola Urban District excluding the area of the Twapia Township.

(As amended by No. 434 of 1968)

 

 


 

SECTION 26-THE TRADES LICENSING (EXEMPTIONS) ORDERS

Orders by the Minister

Statutory Instruments
300 of 1970
171 of 1971
192 of 1971

 

1.    These Orders may be cited as the Trades Licensing (Exemptions) Orders.

Title

 

2.    Subject to paragraph 3, the organisations named in the Schedule shall be exempt from the operation of section three of the Act.

Exemption from necessity to hold licence

 

3.  The foregoing exemption shall be subject to the condition that the profit, if any, of the organisation, whether current or accumulated, shall not in any way be received by any member.

Condition of exemption

 


 

SCHEDULE

 

 

(Paragraph 2)

Africa Evanmgelical Fellowship

Brethren in Christ Church

Christian Missions to Many Lands

Livingstone Museum

National Food and Nutrition Commission

Ndola Diocese of the Catholic Church

Scandinavian Independent Baptist Union

Zambia Anglican Council

Zambia Council for the Blind

Zambia Institute of Technology Tuck Shop (Luansimba Campus)

 

 

 


 

SECTION 26-THE ZAMBIA RAILWAYS HEADQUARTERS
(STAFF TEA-BAR) (EXEMPTION) ORDER

Statutory Insdtrument
65 of 1978

 

Order by the Minister

 

 

1.    This Order may be cited as the Zambia Railways Headquarters (Staff Tea-Bar) (Exemption) Order.

Title

 

2.    Subject to paragraph 3, the organisation named in the Schedule shall be exempt from the operation of section three of the Trades Licensing Act.

Exemption from necessity to hold licence

 

3.    The foregoing exemption shall be subject to the conditions that the articles sold shall be restricted to cooked food for consumption on the premises and to sundry supplies, including beverages and tobacco; and that the sales be restricted to employees of the Zambia Railways engaged in transportation and ancillary services.

Conditions of exemption

 


 

SCHEDULE

 

 

(Paragraph 2)

 

 

Zambia Railways

 

 


 

SECTION 26-THE TRADES LICENSING (CHINGOLA PARKS AND GARDENS NURSERY KIOSK) (EXEMPTION) ORDER

Statutory Instrument
93 of 1978

 

Order by the Minister

 

 

1.    This Order may be cited as the Trades Licensing (Chingola Parks and Gardens Nursery Kiosk) (Exemption) Order.

Title

 

2.    The kiosk situated at Chingola Municipal Council Parks and Gardens Nursery, is hereby exempted from the provisions of section three of the Act.

Exemption

 

3.    The foregoing exemption shall be subject to the condition that the goods to be sold at the kiosk shall be restricted to foodstuffs for consumption on the premises, and that the sales shall be restricted to the employees of the Municipal Council of Chingola working in the aforementioned nursery.

Conditions of exemption

 

SECTION 26-THE TRADES LICENSING (EXEMPTION) ORDER

Statutory Instrument
109 of 1979

 

Order by the Minister

 

 

1.    This Order may be cited as the Trades Licensing (Exemption) Order.

Title

 

2.    Subject to paragraph 3, the organisation named in the Schedule hereto shall be exempt from the operation of section three of the Act.

Exemption from necessity to hold licence

 

3.    The foregoing exemption shall be subject to the conditions that the goods sold shall be restricted to sundry supplies, including tobacco; and that the sales shall be restricted to the staff of the Office of the President.

Conditions of exemption

 


 

SCHEDULE

 

 

(Paragraph 2)

 

 

Dry Canteen of Ndola, Office of the President.

 

 


 

SECTION 26-THE TRADES LICENSING (EXEMPTION) ORDER

Statutory Instrument
11 of 1979

 

Order by the Minister

 

 

1.    This Order may be cited as the Trades Licensing (Exemption) Order.

Title

 

2.    Subject to paragraph 3, the organisation named in the Schedule hereto shall be exempt from the operation of section three of the Act.

Exemption from necessity to hold licence

 

3.    The foregoing exemption shall be subject to the conditions that the goods sold shall be restricted to sundry supplies, including detergents, toiletries and tobacco; and that the sales shall be restricted to the students and staff of the organisation.

Conditions of exemption

 


 

SCHEDULE

 

 

(Paragraph 2)

 

 

Luanshya Technical and Vocational Teachers' College Tuckshop

 

 


 

SECTION 26-THE TRADES LICENSING (EXEMPTION) ORDER

Statutory Instrument
111 of 1979

 

Order by the Minister

 

 

1.    This Order may be cited as the Trades Licensing (Exemption) (No. 3) Order.

Title

 

2.    Subject to paragraph 3, the organisation named in the Schedule hereto shall be exempt from the operation of section three of the Act.

Exemption from necessity to hold licence.

 

3.    The foregoing exemption shall be subject to the conditions that the goods sold shall be those produced by the society in furtherance of the aims and objectives of the society.

Conditions of exemption

 


 

SCHEDULE

 

 

(Paragraph 2)

 

 

Mpika Self-help Co-operative Society Limited.

 

 


 

THE TRADES LICENSING (EXEMPTION) ORDER

Statutory Instrument
227 of 1979

 

Order by the Minister

 

 

1.    This Order may be cited as the Trades Licensing (Exemption) Order.

Title

 

2.    Subject to paragraph 3, the persons named in the Schedule hereto shall be exempt from the operation of section three of the Act.

Exemption from necessity to hold licence

 

3.    The foregoing exemption shall be subject to the conditions that the goods to be sold shall be trade fair or show exhibits; and that such sale shall take place within the fair or show precincts.

Conditions of exemption

 


 

SCHEDULE

 

 

(Paragraph 2)

 

 

Trade Fair, Agricultural and Commercial Show Exhibitors

 

 


 

THE TRADES LICENSING (EXEMPTION) ORDER

Statutory Instrument
228 of 1979

 

Order by the Minister

 

 

1.    This Order may be cited as the Trades Licensing (Exemption) Order.

Title

 

2.    Subject to paragraph 3, the organisation named in the Schedule hereto shall be exempt from the operation of section three of the Trades Licensing Act.

Exemption from necessity to hold licence

 

3.    The foregoing exemption shall be subject to the condition that the project shall be for the Western Province.

Condition of exemption

 


 

SCHEDULE

 

 

(Paragraph 2)

 

 

The Finnish/Zambian Governments Co-operative Project

 

 


 

SECTION 26-THE TRADES LICENSING (EXEMPTION) ORDER

Statutory Instrument
139 of 1980

 

Order by the Minister

 

 

1.    This Order may be cited as the Trades Licensing (Exemption) Order.

Title

 

2.    Subject to paragraph 3, the organisation named in the Schedule hereto shall be exempt from the operation of section three of the Act.

Exemption from necessity to hold licence

 

3.    The foregoing exemption shall be subject to the conditions that the goods sold shall be restricted to foodstuffs and sundry supplies, including detergents, toiletries and tobacco; and that the sales shall be restricted to centre residents and members of staff.

Conditions of exemption

 


 

SCHEDULE

 

 

(Paragraph 2)

 

 

Chitwi Rural Reconstruction Centre Tuckshop, Luanshya

 

 


 

SECTION 26-THE TRADES LICENSING (EXEMPTION) ORDER

Statutory Instrument
83 of 1982

 

Order by the Minister

 

 

1.    This Order may be cited as the Trades Licensing (Exemption) Order.

Title

 

2.    Subject to paragraph 3, the organisation named in the Schedule hereto shall be exempt from the operation of section three of the Act.

Exemption from necessity to hold licence

 

3.    The foregoing exemption shall be subject to the conditions that the goods sold shall be restricted to items of grocery and stationery and that the sales shall be restricted to the students and staff of the School.

Conditions of exemption

 


 

SCHEDULE

 

 

(Paragraph 2)

 

 

Tanzania-Zambia Railway Training School

 

 


 

SECTION 26-THE TRADE LICENSING (EXEMPTION) ORDER

Statutory Instrument
185 of 1982

 

Order by the Minister

 

 

1.    This Order may be cited as the Trades Licensing (Exemption) Order.

Title

 

2.    Subject to paragraph 3, the organisation named in the Schedule hereto shall be exempt from the operation of section three of the Act.

Exemption from necessity to hold licence

 

3.    The foregoing exemption shall be subject to the conditions that the profits, if any, accruing from the sale of goods shall be used for the purpose of furthering the aims and objectives of the organisation, and that such sales shall be restricted to Missions providing educational or health services to the local community in which they are situated.

Conditions of exemption

 


 

SCHEDULE

 

 

(Paragraph 2)

 

 

Mission Medic-Air Limited

 

 


 

SECTION 26-THE TRADES LICENSING (EXEMPTION) ORDER

Statutory Instrument
79 of 1983

 

Order by the Minister

 

 

1.    This Order may be cited as the Trades Licensing (Exemption) Order.

Title

 

2.    Subject to paragraph 3, the organisation named in the Schedule hereto shall be exempt from the operation of section three of the Act.

Exemption from necessity to hold licence

 

3.    The foregoing exemption shall be subject to the condition that the goods sold shall be restricted to items produced by students at the Roma Homecraft Centre.

Condition of exemption

 


 

SCHEDULE

 

 

(Paragraph 2)

 

 

Roma Homecraft Centre, Lusaka

 

 


 

SECTION 26-THE TRADES LICENSING (EXEMPTION) ORDER

Statutory Instrument
80 of 1983

 

Order by the Minister

 

 

1.    This Order may be cited as the Trades Licensing (Exemption) Order.

Title

 

2.    Subject to paragraph 3, the organisation named in the Schedule hereto shall be exempt from the operation of section three of the Act.

Exemption from necessity to hold licence

 

3.    The foregoing exemption shall be subject to the conditions that the goods sold shall be restricted to items of soft drinks, cigarettes, cakes, cold snacks and toiletries and that the sales shall be restricted to the students and staff of the Institute.

Condition of exemption

 


 

SCHEDULE

 

 

(Paragraph 2)

 

 

National Institute of Public Administration

 

 


 

SECTION 26-THE TRADES LICENSING (EXEMPTION) ORDER

Statutory Instrument
174 of 1983

 

Order by the Minister

 

 

1.    This Order may be cited as the Trades Licensing (Exemption) Order.

Title

 

2.    Subject to paragraph 3, the organisation named in the Schedule hereto shall be exempt from the operation of section three of the Act.

Exemption from necessity to hold licence

 

3.    The foregoing exemption shall be subject to the conditions that the goods sold shall be restricted to items of grocery, toiletry and stationery and that the sales shall be restricted to the students and staff of the Institute.

Condition of exemption

 


 

SCHEDULE

 

 

(Paragraph 2)

 

 

Zambia Air Services Training Institute

 

 


 

SECTION 26-THE TRADES LICENSING (EXEMPTION) ORDER

Statutory Instrument
159 of 1987

 

Order by the Minister

 

 

1.    This Order may be cited as the Trades Licensing (Exemption) (No. 2) Order.

Title

 

2.    Subject to paragraph 3, Holy Cross Secondaty School shall be exempt from the operation of section three of the Act.

Exemption

 

3.    The foregoing exemption shall be subject to the conditions that-

Conditions of exemption

 

(i)         the tuck shop is the property of Holy Cross Secondary School;

 

 

(ii)        the goods sold shall be restricted to items of grocery, stationery, soft drinks, cakes, bread, cold snacks, sold to the pupils and workers for the school.

 

 

 

SECTION 26-THE TRADES LICENSING (EXEMPTION) ORDER

Statutory Instrument
158 of 1987

 

Order by the Minister

 

 

1.    This Order maybe cited as the Trades Licensing (Exemption) Order.

Title

 

2.    Subject to paragraph 3, the Zambia National Service shall be exempt from the operation of section three of the Act.

Exemption

 

3.    The foregoing exemption shall be subject to the conditions that-

Conditions of exemption

 

(i)         the goods shall be sold only in the canteens, clubs and messes owned by the Zambia National Service;

 

 

(ii)        the canteens, clubs and messes are on the premises of the Zambia National Service;

 

 

(iii)       the sale of goods is restricted to produce of the Zambia National Service.

 

 

SECTION 26-THE TRADES LICENSING (MANSA WHITE FATHERS) (WHOLESALERS' EXEMPTION) ORDER

Statutory Instrument
301 of 1970

 

Order by the Minister

 

 

1.    This Order may be cited as the Trades Licensing (Mansa White Fathers) (Wholesalers' Exemption) Order.

Title

 

2.    Any wholesaler who sells goods to the Mansa White Fathers shall, in respect of any such sale, be exempt from the provisions of section three of the Act.

Exemption

 

SECTION 28-THE TRADING (GENERAL) REGULATIONS

Regulations by the Minister

Statutory Instruments
364 of 1968
191 of 1971
Act No.
13 of 1994

 

1.    These Regulations may be cited as the Trading (General) Regulations.

Title

 

2.    A notice of intention published pursuant to section eleven of the Act shall be published in the form set out in Form 1 in the Schedule and shall contain the particulars therein prescribed.

Form of advertisement under section 11 of Act

 

3.    An application for a trading (wholesale) licence shall be in the Form 2 in the Schedule and shall contain the particulars therein prescribed.

Form of application for trading (wholesale) licence

 

4.    Subject to the provisions of regulation 5, an application for a trading (retail) licence shall be in the Form 3 in the Schedule and shall contain the particulars therein prescribed.

Form of application for trading (retail) licence in respect of non-prescribed goods

 

5.  (1)  An application for a trading (retail) licence in respect of the sale of prescribed goods only shall be in the Form 4 in the Schedule and shall contain the particulars therein prescribed.

Form of application for trading (retail) licence in respect of prescribed goods only

 

(2)  In this regulation, "prescribed goods" has the meaning assigned thereto in section seventeen of the Act.

 

 

6.    An application for a commercial traveller's licence shall be in the Form 5 in the Schedule and shall contain the particulars therein prescribed.

Form of application for commercial traveller's licence

 

6A.    An application for a manufacturer's licence shall be in the Form 18 in the Schedule and shall contain the particulars therein prescribed.

(As amended by Act No. 191 of 1971)

Form of application for manufacturer's licence

 

6B.    An application for an agent's licence shall be in the Form 19 in the Schedule and shall contain the particulars therein prescribed.

(As amended by Act No. 191 of 1971)

Form of application for agent's licence

 

7.    An application for-

(a)        a hawker's licence;

(b)        a pedlar's licence;

(c)        a pedlar's (restricted) licence;

(d)        a stall licence; or

(e)        a restricted licence;

shall be in the Form 6 in the Schedule and shall contain the particulars therein prescribed in respect of such application.

Form of application for other licence

 

8.    An application for a duplicate licence pursuant to section twenty-two of the Act shall be in the Form 7 in the Schedule and shall contain the particulars therein prescribed.

Form of application for duplicate licence

 

9.    The form of licences shall be as follows:

(a)        a trading (wholesale) licence shall be in the Form 8 in the Schedule;

(b)        a trading (retail) licence shall be in the Form 9 in the Schedule;

(c)        a commercial traveller's licence shall be in the Form 10 in the Schedule;

(d)        a hawker's licence shall be in the Form 11 in the Schedule;

(e)        a pedlar's licence shall be in the Form 12 in the Schedule;

(f)         a pedlar's (restricted) licence shall be in the Form 13 in the Schedule;

(g)        a stall licence shall be in the Form 14 in the Schedule;

(h)        a restricted licence shall be in the Form 15 in the Schedule.

(i)         a manufacturer's licence shall be in the Form 20 in the Schedule;

(j)         an agent's licence shall be in the Form 21 in the Schedule.

(As amended by No. 191 of 1971)

Form of licences

 

10.    A register of licences kept by a Licensing Authority pursuant to section ten of the Act shall be in the form prescribed in Form 16 in the Schedule.

Form of register of licences

 

11.    Notice of an objection pursuant to section twelve of the Act shall be in the Form 17 in the Schedule and shall contain the particulars therein prescribed.

Form for objections

 

12.  (1)  Every appeal under section nineteen of the Act against a decision of a Licensing Authority shall be delivered in writing to the Minister not later than thirty days after the date on which such decision is notified to the appellant by the Licensing Authority:

Procedure for appeals to Minister

 

Provided that the Minister may in his discretion extend the time for delivering an appeal in any particular case.

 

 

(2)  An appellant shall set out clearly and concisely the grounds of his appeal, together with particulars of his current postal address.

 

 

(3)  An appellant shall, within the time allowed for an appeal under sub-regulation (1), give notice in writing of his appeal to the Licensing Authority whose decision is the subject of the appeal and shall state the grounds of the appeal in such notice.

 

 

(4)  Where a Licensing Authority is notified of an appeal pursuant to sub-regulation (3), such Licensing Authority shall prepare and submit to the Minister a report in writing of the decision appealed against.

 

 

(5)  The decision of the Minister in respect of an appeal shall be notified in writing to the appellant and to the Licensing Authority concerned, and such notification may be issued under the hand of any person duly authorised by the Minister in that behalf.

 

 

(6)  Any notice required under this regulation may be served by post and, for that purpose, the postal address of the Minister shall be:

 

 

Permanent Secretary,
    (Trades Licensing Appeals),
Ministry of Commerce and Industry,
P.O. Box 31968
LUSAKA.

 

 

(7)  Any notice required to be served upon any person under this regulation shall, if served by post at the last known postal address of such person, be deemed to have been properly served.

 

 

SCHEDULE

 

 

PRESCRIBED FORMS

 

 


 

FORM 1
(Regulation 2)

 

 

THE TRADES LICENSING ACT

 

 

NOTICE OF INTENTION TO APPLY FOR A TRADING (WHOLESALE) LICENCE/
TRADING (RETAIL) LICENCE*

 

 

*Delete licence not applicable.

Full name of applicant           

Postal address            

Business name (if any)           

Premises at which the business is to be carried on:

    Stand No      Shop/Street No .......................................................

    Name of Street       

    Town/Village         

    District       

Details of licence it is intended to apply for:

(1)        Trading (Wholesale) Licence;

(2)        Trading (Retail) Licence;

            (a)  in a prescribed area;

            (b)  for prescribed goods only.

(Delete sections which are not applicable.)

 

 

 


 

FORM 2
(Regulation 3)

 

 

THE TRADES LICENSING ACT

 

 

APPLICATION FOR ISSUE OF A TRADING (WHOLESALE) LICENCE

 

 

1.  Full name of applicant       

2.  Postal address       

3.  Business name (if any)       

4.  Premises at which goods will be sold:

     Stand No     Shop/Street No .......................................................

     Name of Street      

     Town/Village         

     District      

5.  I/We apply for a Trading (Wholesale) Licence in the knowledge that the holder of such licence who sells goods by way of business (whether in conjunction with any other business or not) to other persons reasonably believed by the seller not to intend to resell such goods, contravenes the provisions of section 3 of the Trades Licensing Act and shall be guilty of an offence unless he also holds a valid retail trading licence.

6.  My/Our intention to apply for a licence was published in-

     the Government Gazette on          

     the newspaper on (a)         

                                    (b)       

     and the Gazette and newspaper cuttings are enclosed herewith.

7.  I      

     a       of .....................................................................
     hereby declare as follows:

         That the information given in this application is true and correct to the best of my knowledge and belief:

Dated the         day of ............................................... 19 ...............

                             
Applicant

NOTE.-This application shall be accompanied by the appropriate fee.

 

 

(See reverse for Schedule of Fees)

 

 

SCHEDULE TO THE ACT

 

 

LICENCES AND FEES

 

 

(Sections 2, 5, 6 and 22)

                                                                                                            Fee units

(1)   Trading (wholesale) licence       ..             ..             ..                 ....          1500

(2)   Trading (retail) licence-

(a) in a prescribed area       ..            ..             ..             ..                 ..750

(b) in any other area           ..            ..             ..             ..                 ..375

(3)   Commercial traveller's licence-

(a)   held by a firm, partnership or individual holding a trading
    (wholesale) or trading (retail) licence, for one person                  ....          750

(b)   held by any other firm, partnership or individual for one
    person              ..             ..            ..             ..             ..                 ..1800

(c)   held by every additional employee or partner of a holder
    of a licence issued under (a) or (b)             ..             ..                 ..300

(4)   Hawker's licence         ..            ..             ..             ..                 ....          150

(5)   Pedlar's licence            ..            ..             ..             ..                 ....          75

(6)   Pedlar's (restricted) licence       ..             ..             ..                 ....          15

(7)   Stall licence  ..             ..            ..             ..             ..                 ..75

(8)   Restricted licence        ..            ..             ..             ..                 ....          75

(9)   Duplicate of any licence            ..             ..             ..                 ....          15

(10)Agents licence             ..            ..             ..             ..                 ....          750

(11)Duplicate of any licence            ..             ..             ..                 ....          15

(As amended by Act No. 13 of 1994)

 

 


 

FORM 3

(Regulation 4)

 

 

THE TRADES LICENSING ACT

 

 

APPLICATION FOR ISSUE OF A TRADING (RETAIL) LICENCE

 

 

(Application for issue of a Trading (Retail) Licence solely for the
sale of prescribed goods should be made on Form 4)

 

 

Part I

 

 

1.    Full name of applicant    

2.    Postal address     

3.    Business name (if any)    

4.    Premises at which goods will be sold:

       Stand No              Shop/Street No .......................................................

       Name of Street   

       Town/Village      

       District    

5.    If the application is in respect of premises in a prescribed area give the following details if a general trading licence in the name of the applicant for premises in the same prescribed area was held in 1968:

       Stand No              Shop/Street No .......................................................

       Name of Street   

       No. of licence       Date of issue ..................................................

 

 

Part II

 

 

6.    If the applicant is an individual, state:

(a)   Home address     

(b)   Date of birth       

(c)   National Registration Card No   

(d)   Citizenship details*        

 

 

Part III

 

 

7.    If the applicant is a body corporate (including a co-operative society), state:

       Registered office            

       Date of formation           

8.    Give details of all directors (officers in case of a co-operative society):

      Full       Country of               Date of          Citizenship                         No. of
   Name        Residence                   Birth              Details*            shares held

 

 

 

 

 

9.    Give details of all shareholders (members in case of a co-operative society):

      Full       Country of               Date of          Citizenship                         No. of
  Name         Residence                   Birth              Details*            shares held

 

 

 

 

 

       (If space insufficient continue details on separate plain sheet of paper and attach to Form.)

10.  If any of the shareholders are companies, are any of the shareholders of these companies non-Zambian?

           

 

 

Part IV

 

 

11.  If the applicant is a partnership give details of all partners:

      Full             Country of                  Date of       Citizenship       Interest in
   Name              Residence                      Birth           Details*    Partnership
                                                                                                       (shown as
                                                                                                   a percentage)

 

 

Part V

 

 

12.  My/Our intention to apply for a licence was published in-

       the Government Gazette on          

       the newspaper on  (a)     

                                     (b)     

       and the Gazette and newspaper cutting are enclosed herewith.

13.  I/We have obtained or intend to obtain the following type of permit/licence in accordance with the provisions of the Public Health Regulations

           

           

14.  I/We have obtained or intend to obtain the written consent of the appropriate highway authority in accordance with the provisions of rule 3 of the Roads and Road Traffic (Control of Access, Structures and Works) Rules

           

           

15.  I,            

       a    of .....................................................................
       hereby declare as follows:

           That the information given in this application is true and correct to the best of my knowledge and belief:

Dated the         day of ..............................................., 19 ...............

                             
Applicant

*If you are a Zambian citizen state whether by:

     (i)    Birth

or  (ii)   Naturalisation, if so give Certificate No        

or  (iii)  Registration, if so give Certificate No           

NOTE.-This application shall be accompanied by the appropriate fee.

(See reverse for Schedule of Fees)

 

 

SCHEDULE TO THE ACT

 

 

LICENCES AND FEES

 

 

(Sections 2, 5, 6 and 22)

                                                                                                                                                Fee units

(1)   Trading (wholesale) licence       ..             ..             ..                    ..          ..          ..       1500

(2)   Trading (retail) licence-

(a)   in a prescribed area     ..            ..             ..             ..                    ..          ..          750

(b)   in any other area          ..            ..             ..             ..                    ..          ..          375

(3)   Commercial traveller's licence-

(a)   held by a firm, partnership or individual holding a
    trading (wholesale) or trading (retail) licence, for
    one person        ..             ..            ..             ..             ..                    ..          750

(b)   held by any other firm, partnership or individual
    for one person  ..             ..            ..             ..             ..                    ..          1800

(c)   held by every additional employee or partner of a
    holder of a licence issued under (a) or (b)  ..             ..                    ..          ..          300

(4)   Hawker's licence         ..            ..             ..             ..                    ..          ..          ..       150

(5)   Pedlar's licence            ..            ..             ..             ..                    ..          ..          ..          75

(6)   Pedlar's (restricted) licence       ..             ..             ..                    ..          ..          ..          15

(7)   Stall licence  ..             ..            ..             ..             ..                    ..          ..          75

(8)   Restricted licence        ..            ..             ..             ..                    ..          ..          ..          75

(9)   Duplicate of any licence            ..             ..             ..                    ..          ..          ..          15

(10)Agents licence             ..            ..             ..             ..                    ..          ..          ..       750

(11)Duplicate of any licence            ..             ..             ..                    ..          ..          ..          15

(As amended by Act No. 13 of 1994)

 

 


 

FORM 4

(Regulation 5)

 

 

THE TRADES LICENSING ACT

 

 

APPLICATION FOR ISSUE OF A TRADING (RETAIL) LICENCE SOLELY FOR THE
SALE OF PRESCRIBED GOODS

 

 

(An applicant who intends to sell non-prescribed goods in addition
to prescribed goods should apply on Form 3)

1.    Full name of applicant    

2.    Postal address     

3.    Business name (if any)    

4.    Premises at which goods will be sold:

       Stand No              Shop/Street No ......................................................

       Name of Street   

       Town/Village      

       District    

5.    I/We apply for a Trading (Retail) Licence to permit me/us to sell the following prescribed goods:

           

           

6.    My/Our intention to apply for a licence was published in-

       the Government Gazette on        

       the newspaper on (a)      

                                     (b)     
       and the Gazette and newspaper cuttings are enclosed herewith.

7.    I/We have obtained or intend to obtain the following type of permit/licence in accordance with the provisions of the Public Health Regulations

           

           

8.    I/We have obtained or intend to obtain the written consent of the appropriate highway authority in accordance with the provisions of rule 3 of the Roads and Road Traffic (Control of Access, Structures and Works) Rules

           

9.    I,            

       a    of .....................................................................
hereby declare as follows:

That the information given in this application is true and correct to the best of my knowledge and belief:

Dated the         day of .............................................., 19 ..............

                       
Applicant

NOTE.-This application shall be accompanied by the appropriate fee

(See reverse for Schedule of Fees)

 

 

SCHEDULE TO THE ACT

 

 

LICENCES AND FEES

 

 

(Sections 2, 5, 6 and 22)

                                                                                                                                                Fee units

(1)   Trading (wholesale) licence       ..             ..             ..                    ..          ..          ..       1500

(2)   Trading (retail) licence-

(a )  in a prescribed area     ..            ..             ..             ..                    ..          ..          750

(b)   in any other area          ..            ..             ..             ..                    ..          ..          375

(3)   Commercial traveller's licence-

(a)   held by a firm, partnership or individual holding a trading
    (wholesale) or trading (retail) licence, for one person                     ..          ..          ..       750

(b)   held by any other firm, partnership or individual for one
    person              ..             ..            ..             ..             ..                    ..          ..          1800

(c)   held by every additional employee or partner of a holder
    of a licence issued under (a) or (b)             ..             ..                   ..          ..          300

(4)   Hawker's licence         ..            ..             ..             ..                    ..          ..          ..       150

(5)   Pedlar's licence            ..            ..             ..             ..                    ..          ..          ..          75

(6)   Pedlar's (restricted) licence       ..             ..             ..                    ..          ..          ..          15

(7)   Stall licence  ..             ..            ..             ..             ..                    ..          ..          75

(8)   Restricted licence        ..            ..             ..             ..                    ..          ..          ..          75

(9)   Duplicate of any licence            ..             ..             ..                    ..          ..          ..          15

(10)Agents licence             ..            ..             ..             ..                    ..          ..          ..       750

(As amended by Act No. 13 of 1994)

 

 


 

FORM 5
(Regulation 6)

 

 

THE TRADES LICENSING ACT

 

 

APPLICATION FOR ISSUE OF A COMMERCIAL TRAVELLER'S LICENCE

 

 

1.    Name of applicant          

2.    Postal address     

3.    Business name (if any)    

4.    I/We apply for a commercial traveller's licence for one person in the name of  

           

       I/We certify that I/we hold Trading (Wholesale) Licence/Trading (Retail) Licence

       No            /do not hold a trading
       (wholesale) licence/trading (retail) licence.

5.    I/We apply for      commercial traveller's licences for ..........................

       additional employees/partners in the names of   

           

       I/We certify that I/we hold Commercial Traveller's Licence No            

NOTE.-An additional licence cannot be granted unless the applicant already holds a commercial traveller's licence.

                             
Applicant

                             
Date

NOTE.-This application shall be accompanied by the appropriate fee.

(See reverse for Schedule of Fees)

 

 

SCHEDULE TO THE ACT

 

 

LICENCES AND FEES

 

 

(Sections 2, 5, 6 and 22)

                                                                                                                                                Fee units

(1)   Trading (wholesale) licence       ..             ..             ..                    ..          ..          ..       1500

(2)   Trading (retail) licence-

(a)   in a prescribed area     ..            ..             ..             ..                    ..          ..          750

(b)   in any other area          ..            ..             ..             ..                    ..          ..          375

(3)   Commercial traveller's licence-

(a)   held by a firm, partnership or individual holding a trading
    (wholesale) or trading (retail) licence, for one person                     ..          ..          ..       750

(b)   held by any other firm, partnership or individual for one
    person              ..             ..            ..             ..             ..                    ..          ..          1800

(c)   held by every additional employee or partner of a holder
    of a licence issued under (a) or (b)             ..             ..                    ..          ..          300

(4)   Hawker's licence         ..            ..             ..             ..                    ..          ..          ..       150

(5)   Pedlar's licence            ..            ..             ..             ..                    ..          ..          ..          75

(6)   Pedlar's (restricted) licence       ..             ..             ..                    ..          ..          ..          15

(7)   Stall licence  ..             ..            ..             ..             ..                    ..          ..          75

(8)   Restricted licence        ..            ..             ..             ..                    ..          ..          ..          75

(9)   Manufacturer's licence              ..             ..             ..                    ..          ..          ..       1500

(10)Agent's licence            ..            ..             ..             ..                    ..          ..          ..       750

(11)Duplicate of any licence            ..             ..             ..                    ..          ..          ..          15

(As amended by Act No. 13 of 1994)

 

 


 

FORM 6
(Regulation 7)

 

 

THE TRADES LICENSING ACT

 

 

APPLICATION FOR ISSUE OF A HAWKER'S, PEDLAR'S, PEDLAR'S (RESTRICTED),
STALL OR RESTRICTED LICENCE *

 

 

* Delete licences not applicable

 

 

Part I

1.    Full name of applicant    

2.    Postal address     

3.    Business name (if any)    

4.    Home address     

5.    Date of birth       

6.    National Registration Card No   

7.    State whether a Zambian citizen by-

        (i)Birth .........

or    (ii)            Naturalisation  Certificate No ..........................................

or    (iii)           Registration      Certificate No ..........................................

 

 

Part II

8.    Site of stall or premises (where applicable)        

9.    If application is for a hawker's, pedlar's, or pedlar's (restricted) licence state area in which goods are to be sold:

           

           

10.  Description of goods to be sold from stall         

11.  I,            

       a    of .....................................................................
       hereby declare as follows:

           That the information given in this application is true and correct to the best of my knowledge and belief:

 

Dated the         day of ............................................., 19 ...............

                       
Applicant

NOTE.-This application shall be accompanied by the appropriate fee.

 

 

(See reverse for Schedule of Fees)

 

 

SCHEDULE TO THE ACT

 

 

LICENCES AND FEES

 

 

(Sections 2, 5, 6 and 22)

                                                                                                                                           Fee units

(1)   Trading (wholesale) licence       ..             ..             ..                    ..          ..          ..             1500

(2)   Trading (retail) licence-

(a)   in a prescribed area     ..            ..             ..             ..                    ..          ..             750

(b)   in any other area          ..            ..             ..             ..                    ..          ..             375

(3)   Commercial traveller's licence-

(a)   held by a firm, partnership or individual holding a trading
    (wholesale) or trading (retail) licence, for one person                     ..          ..          ..             750

(b)   held by any other firm, partnership or individual for one
    person              ..             ..            ..             ..             ..                    ..          ..             1800

(c)   held by every additional employee or partner of a holder
    of a licence issued under (a) or (b)             ..             ..                    ..          ..             300

(4)   Hawker's licence         ..            ..             ..             ..                    ..          ..          ..             150

(5)   Pedlar's licence            ..            ..             ..             ..                    ..          ..          ..             75

(6)   Pedlar's (restricted) licence       ..             ..             ..                    ..          ..          ..             15

(7)   Stall licence  ..             ..            ..             ..             ..                    ..          ..             75

(8)   Restricted licence        ..            ..             ..             ..                                   ..       ..             75

(9)   Duplicate of any licence            ..             ..             ..                    ..          ..          ..             15

(10)Manufacturers licence..            ..             ..             ..                    ..          ..             1500

(11)Agents licence             ..            ..             ..             ..                    ..          ..          ..             750

(As amended by Act No. 13 of 1994)

 

 


 

FORM 7
(Regulation 8)

 

 

THE TRADERS LICENSING ACT

 

 

APPLICATION FOR ISSUE OF A DUPLICATE LICENCE

 

 

(Section 22 of the Trades Licensing Act)

1.    Full name of applicant    

2.    Postal address     

3.    Business name (if any)    

4.    Premises at which business is carried on (if applicable):

       Stand No              Shop/Street No .......................................................

       Name of Street   

       Town/Village      

       District    

5.    I/We apply for the issue of a duplicate of the    

       Licence No           which was issued to me/us on ..............................

       19 .............

6.    State briefly the circumstances under which the licence was lost, destroyed or defaced:

           

           

7.     The prescribed fee of 15 fee units for a duplicate licence is enclosed.

 

Dated the         day of ......, 19 ...............

                       
Applicant

(As amended by Act No. 13 of 1994)

 

 


 

FORM 8
(Regulation 9)

 

 

THE TRADES LICENSING ACT

 

 

TRADING (WHOLESALE) LICENCE

 

 

No      

A trading (wholesale) licence is hereby granted to:

           

of        

trading as       

to carry on business as a wholesaler of the following goods or class or classes of goods

           

           

on premises at            

           

The licence is subject to the following terms and conditions            

           

           

This licence expires on 31st December, 19 ...............

(An application may be made to a Licensing Authority not later than the 31st October in any year for a licence in respect of the following year.)

Fee units paid................

                    
Licensing Officer

Date            

 

 

 


 

FORM 9
(Regulation 9)

THE TRADES LICENSING ACT

 

 

TRADING (RETAIL) LICENCE

 

 

No      

A trading (retail) licence is hereby granted to:

           

of        

trading as       

to carry on business as a retailer of the following goods or class or classes of goods

           

           

on the premises at      

           

The licence is subject to the following terms and conditions            

           

           

This licence expires on 31st December, 19 ................

(An application may be made to a Licensing Authority not later than the 31st October in any year for a licence in respect of the following year.)

Fee units paid....................

                       
Licensing Officer

Date            

 

 

 


 

FORM 10
(Regulation 9)

THE TRADES LICENSING ACT

 

 

COMMERCIAL TRAVELLER'S LICENCE

 

 

No      

A commercial traveller's licence is hereby granted to:

           

of        

to carry on business as a commercial traveller.

The licence is subject to the following terms and conditions            

           

           

This licence expires on 31st December, 19 ...............

(An application may be made to a District Secretary not later than the 31st October in any year for a licence in respect of the following year.)

Fee units paid.................

                          
Licensing Officer

Date            

 

 

 


 

FORM 11
(Regulation 9)

THE TRADES LICENSING ACT

 

 

HAWKER'S LICENCE

 

 

No      

A licence is hereby granted to:

           

of        

           

to carry on business as a Hawker in the         

Licensing Authority Area.

The licence is subject to the following terms and conditions            

           

           

This licence expires on 31st December, 19 ...............

(An application may be made to a Licensing Authority not later than the 31st October in any year for a licence in respect of the following year.)

Fee units paid.................

                   
Licensing Officer

Date            

 

 

 


 

FORM 12
(Regulation 9)

THE TRADES LICENSING ACT

 

 

PEDLAR'S LICENCE

 

 

No      

A licence is hereby granted to:

           

of        

to carry on business as a Pedlar in the           

Licensing Authority Area.

 

The licence is subject to the following terms and conditions            

           

           

This licence expires on 31st December, 19 ................

(An application may be made to a Licensing Authority not later than the 31st October in any year for a licence in respect of the following year.)

Fee units paid................

                       
Licensing Officer

Date            

 

 

 


 

FORM 13
(Regulation 9)

THE TRADES LICENSING ACT

 

 

PEDLAR'S (RESTRICTED) LICENCE

 

 

No      

A licence is hereby granted to:

           

of        

to sell religious books and tracts in the          

Licensing Authority Area.

The licencee is subject to the following terms and conditions          

           

           

This licence expires on 31st December, 19 ................

(An application may be made to a Licensing Authority not later than the 31st October in any year for a licence in respect of the following year.)

Fee units paid...................

                       
Licensing Officer

Date            

 

 

 


 

FORM 14
(Regulation 9)

THE TRADES LICENSING ACT

 

 

STALL LICENCE

 

 

No      

A licence is hereby granted to:

           

of        

to sell goods from a stall in/at            

           

Description of goods to be sold         

           

           

The licence is subject to the following terms and conditions            

           

           

This licence expires on 31st December, 19 ...............

(An application may be made to a Licensing Authority not later than the 31st October in any year for a licence in respect of the following year.)

Fee units paid...............

                       
Licensing Officer

Date            

 

 

 


 

FORM 15
(Regulation 9)

THE TRADES LICENSING ACT

 

 

RESTRICTED LICENCE

 

 

No...................

A licence is hereby granted to:

           

of        

to sell tobacco, cigarettes, breadstuffs, pastry, confectionery and non-alcoholic beverages-

(i)         on the  railway station/airport

(ii)        at premises situated in            

                       

     (Delete section not applicable)

The licence is subject to the following terms and conditions            

           

           

This licence expires on 31st December, 19.......

(An application may be made to a Licensing Authority not later than the 31st October in any year for a licence in respect of the following year.)

Fee units paid..................

                             
Licensing Officer

Date            

 

 

 


 

FORM 16
(Regulation 10)

REGISTER OF LICENCES

 

 

(Section 10 of the Trades Licensing Act)

 

 

 

Licensing Authority ..............................................................................

 

 
                   

 

No.

 
                   

 

Date

Description of premises
covered by licence

 

Goods
permitted

Fee
Pauable

 

Name and postal address of licence holder

 
                   

of.

licence

of issue

Stand/Shop No.

Street

Type of licence

to be
sold

yearly/
half-yearly

Remarks/
conditions

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


 

FORM 17
(Regulation 11)

THE TRADES LICENSING ACT

 

 

NOTICE OF OBJECTION TO ISSUE OF A TRADING (WHOLESALE) LICENCE OR
A TRADING (RETAIL) LICENCE

 

 

To the               Licensing Authority

I,         

of        

hereby give notice of my objection to the issue of a

licence to          

of        

The grounds of my objection are       

           

           

A copy of this notice of objection has been given to the applicant for the licence.

                             
Objector

Date            

 

 

 


 

FORM 18
(Regulation 6A)

THE TRADES LICENSING ACT

 

 

APPLICATION FOR ISSUE OF A MANUFACTURER'S LICENCE

 

 

1.    Full name of applicant    

2.    Postal address     

3.    Business name (if any)    

4.    Premises at which goods will be manufactured:

       Stand No.             Street No ...........................................................

       Town         District ...............................................................

5.    Premises at which goods manufactured by applicant will be sold:

       Stand No              Street No ...........................................................

       Town         District ...............................................................

6.    Description of goods to be manufactured by applicant:

           

           

           

7.    I  

       a    of .....................................................................

       hereby declare as follows:

           That the information given in this application is true and correct to the best of my knowledge and belief.

Dated the         day of ............................................., 19 ................

                       
Applicant

NOTE.-This application shall be accompanied by the appropriate licence fee of 1000 fee units.

(As amended by S.I. No. 191 of 1971 and Act No. 13 of 1994)

 

 


 

FORM 19
(Regulation 6B)

 

 

THE TRADES LICENSING ACT

 

 

APPLICATION FOR ISSUE OF AN AGENT'S LICENCE

 

 

1.    Full name of applicant    

           

2.    Postal address     

           

3.    Business name (if any)    

4.    Premises at which goods will be sold:

       Stand No.             Street No. ..........................................................

       Town         District ...............................................................

5.    Type of goods to be sold            

           

           

           

6.    Names and addresses of foreign companies for which applicant is agent:

           

           

7.    I,

       a    of .....................................................................

           

       hereby declare as follows:

           That the information given in this application is true and correct to the best of my knowledge and belief.

Dated the         day of .............................................., 19 ................

                             
Applicant

NOTE.-This application shall be accompanied by the appropriate licence fee of 500 fee units.

(As amended by S.I. No. 191 of 1971 and Act No. 13 of 1994)

 

 


 

FORM 20
(Regulation 9)

 

 

THE TRADES LICENSING ACT

 

 

MANUFACTURER'S LICENCE

 

 

No      

A manufacturer's licence is hereby granted to           

           

of          

to sell to the Government, wholesalers, retailers or any other person goods manufactured

by him on premises at

           

namely (description of those goods).

           

           

           

           

This licence is subject to the following terms and conditions           

           

           

This licence expires on the 31st December, 19 .............. (An application may be made to the Licensing Authority not later than 31st October in any year for a licence in respect of the following year.)

Fee units paid.....................

                       
Licensing Officer

Date            

(As amended by S.I. No. 191 of 1971)

 

 


 

FORM 21
(Regulation 9)

 

 

THE TRADES LICENSING ACT

 

 

AGENT'S LICENCE

 

 

No      

An agent's licence is hereby granted to         

           

of        

trading as       

to carry on business as a manufacturer's representative in respect of the following goods

or classes of goods     

           

           

on premises at            

           

This licence is subject to the following terms and conditions           

           

           

This licence expires on the 31st December, 19................. (An application may be made to a Licensing Authority not later than 31st October in any year for a licence in respect of the following year.)

Fee units paid...................

                             
Licensing Officer

Date            

(As amended by S.I. No. 191 of 1971)

 

 


 

SECTION 28-THE TRADING (PRESCRIBED GOODS AND
PROHIBITED GOODS) REGULATIONS

Statutory Instrument
228 of 1971

 

Regulations by the Minister

 

 

1.    These Regulations may be cited as the Trading (Prescribed Goods and Prohibited Goods) Regulations.

Title

 

2.    The goods described in the Schedule, or belonging to any class of goods described therein, are hereby declared to be prescribed goods.

Declaration of prescribed goods

 

3.    All goods other than the goods described in the Schedule, or belonging to any class of goods described therein, are hereby declared to be prohibited goods for the purpose of paragraphs (a) and (b) of subsection (1) of section seventeen of the Act.

Declaration of prohibited goods

 


 

SCHEDULE

 

 

(Regulations 2 and 3)

 

 

PRESCRIBED GOODS

 

 

Educational supplies

Office machinery, stationery, supplies and equipment

Books, newspapers, periodicals

Electrical goods, fittings, apparatus

Pharmaceutical drugs and cosmetics

Motor vehicles, motor-bicycles, bicycles and spares

Tractors, mechanically propelled earth moving equipment

All types of machinery and machinery parts

Flowers and florists' equipment

Funeral furniture and equipment

Medical supplies, furniture and equipment

Musical instruments and supplies

Optical spectacles

Dental plates

Photographs and photographic equipment

Pictures, picture frames, artists' supplies

Scientific instruments and parts

Sewing machines and parts

Pets and pet food

Petrol, oil and lubricants

 

 

 


 

SECTION 28-THE TRADING (WHOLESALE TRADING) (INVOICES) REGULATIONS

Statutory Instrument
365 of 1968

 

Regulations by the Minister

 

 

1.    These Regulations may be cited as the Trading (Wholesale Trading) (Invoices) Regulations.

Title

 

2.    Without prejudice to the requirements of any other written law, every wholesaler who sells goods in a wholesale sale shall, at the time of the delivery of such goods to the purchaser, furnish to the purchaser an invoice in respect of such goods containing the following particulars;

(a)        the date of the sale;

(b)        the name and address of the wholesaler;

(c)        the name and address of the purchaser;

(d)        the serial number of the licence held by the purchaser; and

(e)        the quantity, description and purchase price of the goods.

Invoices to be furnished in respect of wholesale transactions

 

3.    Every wholesaler shall retain a copy of any invoice required to be furnished under regulation 2 in respect of the sale of goods for a period of not less than twelve months from the date of such sale.

Copies of invoices to be retained

 

4.    A police officer of or above the rank of Sub Inspector, or a person authorised in writing in that behalf by a Licensing Authority, may, on production of evidence of his identity and authority to any person reasonably requiring it-

(a)        at any reasonable time, enter any premises where goods are being sold by a wholesaler; and

(b)        require any person in charge of such premises to produce for his inspection copies of invoices required to be retained by such wholesaler under regulation 3.

Powers of inspection

 

5.  (1)  Any wholesaler who contravenes any of the provisions of regulation 2 or 3 shall be guilty of an offence.

Offences

 

(2)  Any person who fails to produce any copy of an invoice upon being lawfully required to do so under regulation 4 shall be guilty of an offence.

 

 

 

REGULATIONS MADE UNDER THE BUSINESSES ACT-
CHAPTER 199 OF THE 1959 EDITION OF THE LAWS

 

 

(Section 15 of the Interpretation and
General Provisions Act
)

 

 

THE HAWKERS' LICENCES REGULATIONS

Government Notice
104 of 1958

 

1.    These Regulations may be cited as the Hawkers' Licences Regulations.

 

 

2.    A hawker shall not, by virtue of his hawker's licence, trade from any shop, booth, tent or stall.

 

 

3.    A hawker shall not, by virtue of his hawker's licence, trade within half a kilometre of any store or stall licensed under the Act.

 

 

 

NOTICES MADE UNDER THE TRADES LICENSING ACT

(Section 15 of the Interpretation and
General Provisions Act
)
 

PROHIBITION OF PEDDLING AND HAWKING

 

 

Peddling of goods is hereby prohibited within one and a half kilometres of the Luapula Valley Road between the Luongo River and the Kalungwishi River.

Government Notice
53 of 1960

 

Hawking of goods by way of retail is hereby prohibited within one and a half kilometres of the Luapula Valley Road between the Luongo River and the Kalungwishi River.

 

Government Notice
22 of 1960

 

NOTICES MADE UNDER THE TRADES LICENSING ACT

 

 

(Section 15 of the Interpretation
and General Provisions Act
)

 

 

EXEMPTION OF SPECIFIED BUSINESSES

 

 

The Railway Staff Canteen, Ndola, is hereby exempted from the provisions of section three of the Act, subject to the following conditions:

(a)        that articles sold shall be restricted to cooked food for consumption on the premises and sundry supplies including beverages and tobacco;

(b)        that the sales be restricted to employees of the Railways engaged in transportation and ancillary services.

Government Notice
292 of 1958

 

The Ndola Railway Workers' Co-operative Society Limited, Ndola, is hereby exempted from the provisions of section three of the Act, subject to the following conditions:

(a)        that the sales be restricted to employees of the Railways and their families;

(b)        that the premises (building No. 1411) are open daily from 10 a.m. to 12 noon and from 3 p.m. to 5 p.m. on weekdays.

Government Notice
293 of 1958

 

The Prison Co-operative Dry Canteen Limited, Bwana Mkubwa, is hereby exempted from the provisions of section three of the Act, subject to the following conditions:

(a)        that the sales be restricted to the Prison Service personnel and their families;

(b)        that the premises are open daily from 10 a.m. to 12 noon and from 3 p.m. to 5 p.m. on weekdays.

Government Notice
294 of 1958

 

All persons selling goods by way of business or carrying on the business of general dealer at St. George's "Bring-and-Buy Centre", situate in Johnston's Arcade, Zenobia Avenue, Luanshya, are hereby exempted from the provisions of section three of the Act, subject to the following conditions:

(a)        that the articles, goods, work or foodstuffs sold shall be-

Government Notice
295 of 1958

 

(i)         home-made and donated to the aforesaid Centre by the makers thereof; or

 

 

(ii)        second-hand and donated to the aforesaid Centre;

(b)        that all profits and proceeds accruing from the carrying on of the said business shall be used for the benefit and purposes of St. George's Church, Luanshya.

 

 

Schools established under the Education Act are hereby exempted from the provisions of section three of the Act when conducting tuck shops on school premises, subject to the following conditions:

(a)        that articles sold shall be restricted to foodstuffs, beverages, stationery articles normally used in educational institutions, and small items of uniform, such as ties, badges, hat bands and belts;

(b)        that the sales are restricted to pupils of the schools, and to the staff employed at the schools;

(c)        that the tuck shops be not opened for more than eight hours in any one week during term time, and shall be closed entirely during school holidays and on all public holidays;

(d)        that the shops are conducted in connection with the raising of funds for educational purposes.

Government Notice
29 of 1959.
Cap. 134

 

The Copperbelt Technical Foundation Limited is hereby exempted from the provisions of section three of the Act when conducting shops at the teaching centres situated at Stand No. 1195, Chingola, Part of Farm No. 1591, Kitwe, Stand No. 1312, Luanshya, and Stand No. 748, Mufulira, subject to the following conditions:

Government Notice
62 of 1959

 

(a)        that articles sold shall be restricted to foodstuffs, beverages, stationery articles normally used in educational institutions engaged in technical and adult education and small items of uniform such as ties, badges, hat bands and belts;

(b)        that the sales are restricted to pupils of the schools, and to the staff employed at the schools;

(c)        that the shops be not opened for more than twelve hours in any one week during term time, and shall be closed entirely during academic holidays and on all public holidays;

(d)        that the shops are conducted in connection with the raising of funds for educational purposes.

 

 

The Board of the Livingstone Museum is hereby exempted from the provisions of section three of the Act, subject to the condition that articles sold by or on behalf of the Board be restricted to duplicate objects belonging to the Museum and post cards, colour transparencies and souvenirs specially produced for the Museum.

 

 

 

NOTICES MADE UNDER THE TRADES LICENSING ACT-

 

 

(Section 15 of the Interpretation
and General Provisions Act
)

 

 

EXEMPTION OF SPECIFIED BUSINESSES

 

 

Agents of the United Society for Christian Literature, Lusaka and Kitwe, engaged in the sale within rural council areas of books of a religious or educational nature supplied by the Society are hereby exempted from the provisions of section three of the Act.

Government Notice
6 of 1961

 

The Kitwe office of "The Bible Societies in Zambia and Malawi" is hereby exempted from the provisions of section three of the Act for so long as such organisation engages only in the sale of the Scriptures, the selling prices of which do not exceed the costs of production.

Government Notice
259 of 1961

 

All grain-buying field depots of the Southern Province Co-operative Marketing Union Limited, situated in the Kalomo and Choma Districts, are hereby exempted from the provisions of section three of the Act in respect of the sale of fertiliser and scotch carts only.

Government Notice
332 of 1961

 

The London Missionary Society's Mbereshi Bookroom at Kawambwa is hereby exempted from the provisions of section three of the Act for so long as sales from the said bookroom and through its agents are confined to Bibles, portions of the Scriptures and books of a religious or educational nature, on a non-profit-making basis.

Government Notice
79 of 1962

 

The Principal of the Monze Agricultural Training Centre is hereby exempted from the provisions of section three of the Act when conducting a tuck shop on the premises, subject to the following conditions.

(a)        that articles sold shall be restricted to toilet articles, confectionery, groceries and tobacco;

(b)        that the sales are restricted to students of the Centre and to the staff employed at the Centre;

(c)        that the tuck shop be not opened for more than four hours in any one week.

Government Notice
99 of 1962

 

The Rhokana Corporation Limited is hereby exempted from the provisions of section three of the Act in respect of its Welfare Workshop situated in Market Road in Wusikili, Nkana Mine Township.

Government Notice
194 of 1963

 

The store of the United Church of Zambia, situated within the Kawimbe Leprosy Settlement, Mbala District, is hereby exempted from the provisions of section three of the Act, subject to the following conditions:

(a)        that the sales be restricted to patients at the Settlement and employees of the United Church of Zambia working within the Settlement and their families;

(b)        that all profits and proceeds accruing from the carrying on of the said business shall be used for the benefit and purposes of the Kawimbe Leprosy Settlement.

Statutory Instrument
26 of 1964

 

The Tuck Shop, the Helen Girls' Camp, situated in the Chingola District, is hereby exempted from the provisions of section three of the Act, subject to the following conditions:

(a)        that articles sold shall be limited to foodstuffs, beverages, haberdashery, stationery items and toilet requisites;

(b)        that the sales are restricted to camp residents and to staff employed at the camp;

(c)        that the tuck shop be not opened for more than eight hours in any one week and shall be closed entirely during camp vacations and on all public holidays; and

(d)        that the tuck shop is conducted in connection with the raising of funds for cultural and educational purposes.

Statutory Instrument
272 of 1965

 

The Tuck Shop, Natural Resources Development College, situated in the Lusaka District, is hereby exempted from the provisions of section three of the Act, subject to the following conditions:

(a)        that articles sold shall be limited to beverages, confectionery, foodstuffs, tobacco and toilet requisites, stationery items normally used in educational institutions and small items of uniform, such as badges, belts, hat bands and ties;

(b)        that the sales are restricted to pupils of the college and to the staff employed at the college;

(c)        that the tuck shop be not opened for more than eight hours in any one week during term time and shall be closed entirely during college holidays and on all public holidays; and

(d)        that the tuck shop is conducted in connection with the raising of funds for educational purposes.

Statutory Instrument
308 of 1965

 

The Kawama Bookroom of the Christian Mission in Many Lands, situated in the Kawambwa District, is hereby exempted from the provisions of section three of the Act for so long as sales from that Bookroom and through its agents are confined to Bibles, portions of the Scriptures and books of a religious or educational nature, on a non-profit-making basis.

Statutory Instrument
174 of 1966

 

The Presbyterian Church Board Management, operating from the Presbyterian Manse, Jameson Road, Livingstone, Southern Province, is hereby exempted from the provisions of section three of the Act for so long as the sales from that Board of Management are confined to books and literature of a purely religious nature, on a non-profit-making basis.

Statutory Instrument
242 of 1966

 

The Scripture Union, operating from Kitwe, Copperbelt Province, is hereby exempted from the provisions of section three of the Act for so long as the sales from that Scripture Union are confined to books and literature of a purely religious nature, on a non-profit-making basis.

Statutory Instrument
293 of 1967

 

The Africa Evangelical Fellowship, operating from Kitwe, Copperbelt Province, is hereby exempted from the provisions of section three of the Act for so long as the sales of the said Africa Evangelical Fellowship are confined to books and literature of a purely religious nature, on a non-profit-making basis.

Statutory Instrument
323 of 1967

 

The Zambia Catholic Bookshop at Ndola, Copperbelt Province, is hereby exempted from the provisions of section three of the Act for so long as the sales of the said Zambia Catholic Bookshop are confined to books and portions of the literature of a purely religious nature, on a non-profit-making basis.

Statutory Instrument
130 of 1968