This Act was repealed on 2019-02-22 by Rating Act, 2018.
This is the version of this Act as it was when it was repealed.
Zambia
Rating Act, 1997
Chapter 192
- Commenced on 18 April 1997
- [This is the version of this document as it was from 18 April 1997 to 7 October 1999.]
- [Repealed by Rating Act, 2018 (Act 21 of 2018) on 22 February 2019]
Part I – Preliminary
1. Short title
This Act may be cited as the Rating Act.2. Interpretation
In this Act, unless the context otherwise requires—"Board" means the Zambia Railways Board established by the Railways Act;[Cap. 453]"Chairperson" means the Chairperson of the Tribunal, appointed under section twenty-eight;"council" shall have the meaning assigned to it in the Local Government Act;[Cap. 281]"council certificate of title" shall have the meaning assigned to it in the Housing (Statutory and Improvement Areas) Act;[Cap. 194]"developed" in relation to land, means land which has improvements on it;"effective date" means—(a)in relation to a main roll, the date of commencement of the next rate period following the date upon which the main roll is approved by the Tribunal and shall be subject to the exception set out in section eleven; and(b)in relation to a supplementary roll, the date on which the supplementary roll is approved by the Tribunal and shall be subject to the exception set out in section twelve;"head of a mission" shall have the meaning assigned to it in the Schedule to the Diplomatic Immunities and Privileges Act;[Cap. 20]"improvement" means—(a)the whole or any part of a building or structure of whatever material constructed, which is capable of beneficial use or occupation and which is of a sufficiently permanent nature;(b)any work done, services provided, or materials used, on land by the expenditure of money or labour; or(c)carrying out of any building, engineering or other operation in, on, over or under, land, or the making of any material change in the use of any building or land but does not include—(i)any commercial or industrial plantation or any growing crops of the class "fructus industriales" of a permanent nature; or(ii)any machinery or plant other than rateable machinery or plant;"improvement area" shall have the meaning assigned to it in the Housing (Statutory and Improvement Areas) Act;[Cap. 194]"leaseholder" means a person in whom a statutory lease, sublease or underlease is vested and who has privity of estate with the reversioner entitled to the reversion immediately upon the determination of that term, subject to the conditions laid down in section thirteen;"main transmission of power" means transmission of power from the generation plant or point of supply in, or on any rateable property up to and including—(a)in the case of electrical power, the first transformer in any circuit, or, where the first transformer precedes any distribution board or where there is no transformer, the first distribution board;(b)in the case of transmission by shafting or wheels, any shaft or wheel driven directly from the prime mover;(c)in the case of hydraulic or pneumatic power, the point, where the main supply ceases, excluding any branch service piping connected with such main supply;(d)in the case where, without passing beyond the limits of the main transmission of power, power is transmitted to another rateable property, the point at which the power passes from the first rateable property;"member" means a member of the Tribunal;"occupier" means any person in occupation as leaseholder or tenant of any property within a rateable area, or any leaseholder of untenanted or vacant property;"operational purpose" means the actual carrying out of the technical functions forming the primary purpose of a public utility undertaking, including the maintenance of plant and machinery, but does not include any purpose concerned with the administration, management or financing of that undertaking;"premises of a mission" means the building or parts of buildings and the land ancillary thereto, used for the purposes of the mission including the residence of the head of the mission;"primary transformation of power" means any transformation of electrical power by means of a transformer at any point in the main transmission of power;"principal officer" shall have the meaning assigned to it in the Local Government Act;[Cap. 281]"property" includes land having any improvement on it;"rate" means a levy on property;"rate period" means the period for which rates are levied following the passing of a resolution under section twenty;"rateable area" means any area declared as a rateable area in section five;"rateable machinery or plant" means—(a)machinery and plant, together with the shafting, pipes, cables, wires and other appliances and structures accessory to the machinery and plant which are used mainly or exclusively in connection with either of the following purposes:(i)the generation, storage, primary transformation or main transmission, of power in, or on, any rateable property; or(ii)the heating, cooling, ventilation, lighting, drainage or supply of water to the rateable property or the protection of the rateable property from fire;(b)lifts or elevators in a building;(c)structures or parts of structures used for storage purposes and not being an integral part of a manufacturing operation or trade process;"rateable property" means property that is rateable under this Act;"rateable value" means the price which the rateable property would be expected to realise if sold on the open market as at the time of valuation and on the assumptions set out in section seven;"rating authority" means any council within whose boundaries a rateable area falls;"serviced" in relation to land means the provision of services such as water and road network;"Sheriff" shall have the meaning assigned to it in the Sheriff's Act;[Cap. 37]"Statutory Housing Area" shall have the meaning assigned to it in the Housing (Statutory and Improvement Areas) Act;[Cap. 194]"surveyed" in relation to a property, means a cadastral survey for that property has been approved in accordance with the provisions of the Land Survey Act;[Cap. 188]"Surveyor-General" means the Surveyor-General appointed under the Land Survey Act;"Tanzania-Zambia Railway Authority" means the Tanzania-Zambia Railway Authority established under the Tanzania-Zambia Railway Act;[Cap. 454]"time of valuation" means—(a)in relation to a main roll, the date of the passing of the resolution causing the main toll to be made;(b)in relation to a supplementary roll, the time of valuation of the main roll of which it shall form a part in accordance with this Act;"transformer" means any plant which changes the pressure, frequency, form of current or electrical power to another pressure, frequency or form current but does not include any plant which forms an integral part of an item of plant or machinery in, or on, the rateable property for manufacturing operations or trade processes;"Tribunal" means the Rating Valuation Tribunal constituted under section twenty-eight;"Valuation surveyor" means a valuation surveyor appointed under section three;"Vice-Chairperson" means the Vice-Chairperson of the Tribunal appointed under section twenty-eight.Part II – Appointment and powers of valuation surveyor
3. Appointment of valuation surveyor
4. Powers of valuation surveyor
Part III – Valuation
5. Declaration of rateable areas
6. Declaration of rateable property
7. Assumptions for price of rateable property on open market
8. Main roll
9. Notification of leaseholders before inspection of property
A rating authority shall, before the valuation surveyor inspects any property within the rateable area, publish a notice at least twice in a daily newspaper of general circulation, within the area of the rating authority, and put up notices in not less than ten conspicuous public places in the area of the rating authority informing the leaseholders of the intended inspection.10. Supplementary roll
11. Effective date where interval between date of approval of main roll and next rate period is less than three months
Where the interval between the date when the Tribunal approves the main roll and the date of the next rate period is less than three months, the effective date shall be the date of approval of the main roll.12. Effective date where date of commencement of rate period within which supplementary roll is approved is earlier than event giving rise to inclusion of a rateable property in supplementary roll
Where, in relation to each rateable property contained in the supplementary roll, the date of commencement of the rate period within which the supplementary roll is approved by the Tribunal is earlier than the event giving rise to the necessity for including such rateable property in the supplementary roll, the effective date shall be the date of that event.13. Leaseholder of shortest term deemed to be leaseholder of property
Where two or more of the items held by a leasee, subleasee or underleasee exist contemporaneously in respect of the same property and both or all of which were originally granted for a term of thirty years or more, the person in whom the shorter, or the shortest of such terms is vested shall be deemed to be the leaseholder of that property.14. Delivery and attestation of main roll or supplementary roll
15. Notification of publication of main roll or supplementary roll
16. Inspection of main roll or supplementary roll
17. Objection to main roll or supplementary roll
18. Alteration of main roll or supplementary roll
Notwithstanding anything to the contrary in this Act, a rating authority may alter a main roll or a supplementary roll for the purpose of—19. Notice requiring re-valuation
Part IV – Rating
20. Determination and levying of ordinary rate
21. Determination and levying of special rate
22. Differential rating
The rating authority may determine and levy such different rates for different classes of property as may be prescribed, by statutory instrument, by the Minister upon the recommendation of the rating authority.23. Remission of rates
24. Duty to pay rates
It shall be the duty of any person liable for any rates to pay the amount of the rates to the chief financial officer of the rating authority or such person's duly authorised representative.25. Recovery of rates
26. Evidence of rates
In any proceedings to levy or recover rates or consequent on the levying or recovering of any rates under this Act, the rolls and rate books or other lawful record of the rating authority and all entries purporting to be made in them as required by this Act, including genuine extracts or certified copies of them shall, upon their production be prima facie evidence of such rates.27. Duty of occupier to supply information
Part V – Establishment of Rating Valuation Tribunal
28. Constitution of Rating Valuation Tribunal
29. Appointment of Secretary and staff
There shall be appointed, by the Minister, a Secretary to the Tribunal who shall be a registered valuation surveyor, and such other officers as may be considered necessary for the discharge of the functions of the Tribunal.30. Jurisdiction
The Tribunal shall have jurisdiction to—31. Quorum
The Chairperson or the Deputy Chairperson and any other four members shall constitute a quorum.32. Vacation of office of member
33. Declaration of interest
A person shall not sit or act as a member of the Tribunal if that person has any interest, direct or indirect, in any objection being heard by the Tribunal.34. Decision by majority opinion
The determination of any objection referred to the Tribunal shall be according to majority opinion and the person presiding shall have a casting vote.35. Procedure
36. Appeals
37. Expenses of Tribunal
The rating authority in whose area the Tribunal is sitting to hear objections shall bear all costs of the Tribunal sitting.38. Allowances
The members of the Tribunal shall be paid such allowances as the Minister may, by statutory instrument, prescribe.Part VI – Miscellaneous
39. Offences and penalties
Any person who fails to provide information requested or gives false information concerning any rateable property for which information has been requested under this Act shall be guilty of an offence and shall be liable, upon conviction, to a fine not exceeding five hundred penalty units or to imprisonment for a period not exceeding three months, or to both.40. Rules
The Tribunal may make rules regulating its own procedure.41. Regulations
42. Repeal of Act No. 33 of 1976
The Rating Act is hereby repealed.History of this document
22 February 2019
Repealed by
Rating Act, 2018
08 October 1999 amendment not yet applied
Amended by
Rating (Amendment) Act, 1999
18 April 1997 this version
Commenced
Subsidiary legislation
Title | Numbered title |
---|---|
Livingstone City Council (Differential Rating) Order, 1999 | Statutory Instrument 12 of 1999 |
Rating (Exemption) Regulations, 2005 | Statutory Instrument 37 of 2005 |