This Act was repealed on 2010-08-16 by Animal Identification Act, 2010.
Zambia
Brands Act, 1913
Chapter 244
- Commenced on 1 November 1913
- [This is the version of this document at 31 December 1996.]
- [Repealed by Animal Identification Act, 2010 (Act 28 of 2010) on 16 August 2010]
1. Short title
This Act may be cited as the Brands Act.2. Interpretation
In this Act, unless the context otherwise requires—"brand" means the impression of any letter, sign or character branded upon any horse or cattle, and the impression of any letter, sign or mark branded or tattooed on the body of any sheep or goat or made upon the wool of any sheep or goat by pitch, paint, tar or other substance;"Brand Directory" means the list of the brands compiled by the Registrar and published by authority;"cattle" means any bull, cow, ox, heifer, steer or calf, or any domesticated eland or eland hybrid;"fees" means any fees, rates or charges which any person may be liable to pay under this Act or any regulations made in pursuance thereof;"horse" means any horse, mare, gelding, colt, filly, ass or mule, or any domesticated zebra or zebra hybrid;"proprietor" means the registered proprietor of any brand;"Registrar" means the Registrar of Brands appointed for the purposes of this Act and includes any person for the time being lawfully acting in that capacity;"similar brand" means a brand so like another brand as to be likely to be mistaken for it.3. Registrar and Deputy Registrars of Brands
4. Registers to be kept
The Registrar shall keep separate registers for the registration of brands of—5. Application for registration as proprietor of brand
An owner of such animals as are referred to in the last preceding section may deposit the prescribed fees and make application in writing to the Registrar to be registered as the proprietor of a brand. Such brand may be in respect of any one or more of such classes of animals.6. Receipt of application
The Registrar, upon receiving any such application and on payment of the prescribed fees, shall send to the applicant a certificate of such receipt.7. Allotment of brand
8. Certificate of registration
The Registrar shall forward to every applicant a certificate of registration as soon as the registration shall be completed.[As amended by No. 49 of 1955]9. Brand Directory
As soon as may be after the 31st December in each year, the Registrar, or such other public officer as may be designated, shall compile a Brand Directory containing a correct and complete list of all registered brands and of names and residences of all proprietors registered up to that date.10. Transfer of brand
Any registered proprietor may transfer his right to any registered brand to any other person in such form as may be prescribed. Such transfer shall only have validity when registered by the Registrar upon payment of such fee as may be prescribed. Every person receiving such transfer shall, after due registration thereof, be entitled to a certificate thereof under the hand of the Registrar.11. Use of registered brand by unauthorised person
Any person, not being the registered proprietor of any brand in any district and not acting with the authority of such proprietor, who shall impose or cause to be imposed upon any horse, cattle, sheep or goat, as the case may be, any such registered brand shall be liable, upon conviction, to a fine not exceeding three hundred penalty units and, in default of payment, to imprisonment with or without hard labour for any term not exceeding one month.[As amended by Act No. 13 of 1994]12. Evidence of certificate of Registrar
On the trial of any person for the theft of any horse, cattle, sheep or goat, or for receiving such horse, cattle, sheep or goat or any part or portion thereof, knowing the same to have been stolen, it shall be competent for the prosecution to give evidence that the brand upon the animal alleged to have been stolen is the registered brand of the person alleged to be the owner of such animal, or of some person through or from whom such owner derived his right to such animal, and a certificate under the hand of the Registrar shall constitute prima facie proof of the facts therein stated as to the registration of any brand.13. Burden of proof
On the trial of any such person as aforesaid, who shall have been apprehended in possession of any animal branded with any registered brand, and upon proof being given of the ownership of such animal and that a theft thereof has been committed, the onus of proof that such animal was lawfully or innocently in his possession shall rest upon the accused person.14. Offence and penalty for wrongfully using brands not registered
Any owner of any animal of a class in respect of which a brand may be registered who shall, after the commencement of this Act, mark any such animal with any brand not duly registered as his brand under the provisions of this Act, shall be liable to a fine not exceeding one hundred and fifty penalty units and, in default of payment, to imprisonment with or without hard labour for any term not exceeding fourteen days.[As amended by Act No. 13 of 1994]15. Regulations
History of this document
16 August 2010
Repealed by
Animal Identification Act, 2010
31 December 1996 this version
Consolidation
01 November 1913
Commenced
Subsidiary legislation
| Title | Numbered title |
|---|---|
| Brands (Amendment) (No. 2) Regulations, 1983 | Statutory Instrument 29 of 1983 |
| Brands (Amendment) Regulations, 1983 | Statutory Instrument 25 of 1983 |